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HomeMy WebLinkAboutC2016-145 - 3/28/2016 - NA DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This deferment agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Medistar Corpus Christi Rehab, LLC, (the "Developers"), in order to defer the completion of certain required public improvements prior to recording the final plat of Schatzel Tract Block 1, Lot 1A, Corpus Christi, Nueces County, Texas (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. WHEREAS, the Developers are obligated under Section 8.1 of the Unified Development Code ("UDC") to construct the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ("City Engineer"); WHEREAS, the Developers are seeking to delay the construction of the required public improvements ("Deferred Improvements") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat filed immediately with the County Clerk of Nueces County, Texas; WHEREAS, in order to have the Plat filed prior to completion of the Deferred Improvements, the Developers agree to deposit with the City a form of pre-approved financial security authorized by Section 3.30.1 of the UDC in the amount of One Hundred Two Thousand Nine Hundred Twelve Dollars and 04/100 ($102,912.04), representing 110% of the estimated cost of constructing the Deferred Improvements as shown in the cost estimate, which cost estimate is attached and incorporated by reference into this Agreement as Exhibit 3; WHEREAS, water and sewer service are available to serve the subdivision, and the Developers have completed all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, and all special covenants; WHEREAS, the Assistant City Manager and City Attorney have both approved this transaction; and WHEREAS, the Developers are entering into this Agreement pursuant to Section 8.1.10 of the UDC in order to defer construction and record the final Plat. NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developers agree as follows: 2016-145 03/28/16 xis Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 1 of 8 \greement Template Version 1.0 1.20.2016 Medistar CC Rehab, LLC INDEXED • 1. The preamble to this Agreement is included as substantive content in this instrument and upon which all parties to this Agreement have relied and will continue to rely during the term of this Agreement. 2. In consideration of the Developers' request to enter into this Agreement and the posting of approved financial security, the City agrees to waive the requirement that construction of the Deferred Improvements be completed before the final Plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, and City further agrees to allow the Developers to delay construction of the Deferred Improvements up to the expiration of the time period stated in paragraph 26 of this Agreement. 3. As a condition of this Agreement, the Developers agree to deposit with the City One Hundred Two Thousand Nine Hundred Twelve Dollars and 04/100 ($102,912.04), as a form of financial security authorized in Section 3.30.1 of the UDC, upon execution of this Agreement. The financial security must provide for 110% of the estimated cost of constructing the required Deferred Improvements, as those costs are shown in Exhibit 3. 4. If a letter of credit is utilized as financial security under this Agreement, the content of the irrevocable letter of credit must be pre-approved by the City's Director of Financial Services ("Finance Director") and City Attorney, be issued by a banking institution having a local branch office within the State of Texas (Corpus Christi location preferred), be valid for a period of twelve (12) months from the date of issuance or longer, such date being the same as the date of this Agreement, and containing the terms of Exhibit 4. 5. If the form of financial security is a letter of credit, the Developers must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developers before expiration under the terms outlined in Exhibit 4. If timely renewal is not received by the City under those terms, or cash in lieu thereof is not deposited as financial security with the City, the City may, after thirty (30) days prior written notice to the Developers, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted by the Developers for this Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called nor shall the City be liable to the Developers for the accrual or payment of interest on any type of financial security posted by the Developers pursuant to this Agreement. 6. In accordance with the provisions set out in Section 3.30.1 of the UDC, as it may be amended, the City may accept other types of financial guarantees for deferment agreements subject to the approval of the Finance Director and the City Attorney. In the event the Developers desire to use and the City agrees to accept an alternate form of financial guarantee other than a cash deposit or an irrevocable letter of credit as security for this Agreement, such other security- specific financial guarantee's terms and conditions pertaining to issuance, redemption, restrictions, limitations, and use as made be made subject to this Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 2 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 • Agreement shall be as further set out in an attachment to this Agreement, which attachment is to be attached to this Agreement and the content incorporated by reference into this Agreement as an "Attachment." The parties agree that, should there be, by the attachment and incorporation of the Attachment to this Agreement, any conflict in the terms, conditions, or requirements stated in this Agreement (including its exhibits) and the Attachment, the provisions of Attachment take precedence over conflicting terms in the Agreement and its exhibits. All other provisions in the Agreement (and its exhibits) not in conflict with the Attachment control otherwise by agreement of the parties. 7. Unless otherwise stated in this Agreement, any notice required or permitted to be given by either party shall be in writing and must be given by personal delivery, fax, or certified mail, return receipt requested, postage prepaid, and notice is deemed sufficiently given if addressed to the appropriate party at the address shown for the party in the signature block of this Agreement or faxed to the fax phone number shown in the signature block for the party. Any party may, by notice to the other in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes. 8. Time is of the essence in the performance of this Agreement. 9. Detailed construction drawings must be provided by the Developers and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements. 10. The Developers shall construct the Deferred Improvements in accordance with the City's engineering standards in effect at the time of construction and in accordance with the construction drawings approved by the City departments pursuant to the paragraph above. 11. Upon completion of the Deferred Improvements by the Developers as verified by the Assistant City Manager and Director of Development Services and within the time period stated in paragraph 26 of this Agreement, acceptance of the Deferred Improvements by the City Engineer, and compliance by the Developers with the remaining terms of the Agreement, the City Engineer shall: a. Immediately release the Developers from the need to maintain the letter of credit by mailing a release letter to Developers at the address shown above Developers' signature lines in this Agreement; or b. Return to the Developers within sixty (60) days of the completion of the construction of the Deferred Improvements and settlement of the actual construction costs, or within sixty (60) days of acceptance of the Deferred Improvements by the City, whichever is later, any balance remaining of all monies received by the City from the Developers. 12. If the Developers have not begun construction of the Deferred Improvements at least thirty (30) days prior to the date stated in paragraph 26 of this Agreement, Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 3 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 • • the Developers agree that the City, after notice in writing to the Developers, may accelerate payment or performance or require additional financial security when the City deems itself at risk as to the prospect of performance or payment based on a demonstrated reasonable basis. In addition, if the Developers default and fail to deposit any increased security after notice and an opportunity to cure, the City may transfer the cash funds received or call (redeem) the letter of credit and transfer the funds (if the financial security provided was in the form of a letter of credit) to the appropriate City account, and the City may begin completion of the construction of the Deferred Improvements. If City constructs all or any part of the required Deferred Improvements, the Developers shall reimburse the City for any additional costs related to completion of the Deferred Improvements within thirty (30) days after the City completes the required Deferred Improvements and invoices the Developers if the funds on account prove inadequate for the City to complete the Deferred Improvements. 13. In accordance with Section 8.1.10.B of the UDC, an increase in financial security from the Developers may be required on an annual basis if the City deems itself, in the sole discretion of the City, insecure as to the prospect of payment or performance on a demonstrated reasonable basis or it reasonably determines that the financial security does not provide for 110% coverage of the estimated construction costs. 14. The City and Developers agree that, if the Developers formally vacate the current Plat with approval of the Planning Commission prior to the deadline for completion of construction of the Deferred Improvements, any money received by the City from the Developers remaining on deposit will be released and immediately returned to the Developers. 15. If Developers default in any of their covenants or obligations under this Agreement [excluding failure to timely renew a letter of credit, post additional security, or as may be made applicable by the Attachment, for which the default provisions are separately addressed in this document], the City Engineer shall send written notice to the Developers [(and may send notice to the Developers' project engineer ("Project Engineer"), if such address is known by the City] by certified mail, return receipt requested, advising the Developers of the default and giving the Developers thirty (30) days from date of receipt of the notice letter to cure the default. If the Developers fail to cure the default after receipt of notice and opportunity to cure, the City Engineer may transfer any funds received to the appropriate fund of the City in order to complete the Deferred Improvements. In the event there are any funds received by the City from the Developers remaining after the City has completed construction of the Deferred Improvements, the excess funds will be refunded to the Developers within sixty (60) days of the completion of construction of the Deferred Improvements and settlement of the actual construction costs. 16. The City reserves the right not to issue certificates of occupancy for all or any portion of the real property that is the subject of the Plat until the Deferred Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 4 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 17. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 18. By execution of this Agreement, the Developers covenant to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land. The City, at the Developers' expense, shall file for record this Agreement in the official public records of Nueces County. 19. With the exception of the Attachment made applicable pursuant to paragraph 6, no changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 20. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 21. The Developers shall, in compliance with Section 2-349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 5, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. 22. The Developers shall comply with all federal, State, and local laws, regulations, and rules applicable to performance of this Agreement. 23. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. 24. Strict performance of the provisions of this Agreement by the Developers is required by the City as a condition of this Agreement. The Developers specifically acknowledge and agree that failure by the Developers to adhere or comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 5 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 25. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 26. This Agreement is to be executed in One Original, of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developers and their successors and assigns from and after the date the Agreement has been executed by all signatories. This Agreement terminates 12 months from the date executed by the last party signing this Agreement. (EXECUTION PAGES FOLLOW) Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 6 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 EXECUTED IN ONE ORIGINAL and made effective this 0_ day of lifliVA/ '� , 20 ! Y . CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax Iiiiktft;voiik SignatureO Printed Name: ? e c ( � v Title: Assistant City Manager, or Designee THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on MUSZCK 02(1 , 201C, by —a—vau C' . Lc/ ��W JS Eta, w (title) for the City of Corpus Christi, Texas. RYP • �t" ` JUAN C LUGO // i kJ My Commission Expires /� O October 15,2017 Not. f 11"ignature APPROVED AS A STANDARD FORM LEGAL DOCUMENT: 104(6\(6\ at , 20 1 . CITY ATTORNEY l Signat ie Printed Name: J tiIIv\ 6 11fok Title: Assistant City Attorney Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 7 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 DEVELOPERS: Medistar Corpus Christi Rehab, LLC. 7670 Woodway, Suite 160 Houston, Texas 77063 (713) 266-8990 ,(713),%977-7 7 (FAX) ( 4c-A .4"2 - i atte C� ted Name: Rick Zachardy Title: Vice President/Secretary Medistar Corporation, Manager of Medistar Corpus Christi, Rehab, LLC Date: 3M 4/a0 STATE OF --fild 5 • § COUNTY OF //Qrr/4 This instrument was acknowledged before me on Nom 21 , 20/6, by Iifit rgath.ara/y o� •.�e, KALEE NICOLE MEDRANO ;_:' Notary Public,State of Texas f,s My Commission Expires April 14, 2018 melee �. 7?Ler -... Notary Public's Signature Attached and incorporated by reference into this Agreement: Exhibit 1 – Plat ( 3 pages) Exhibit 2 – Required Public Improvements (2 pages) Exhibit 3 – Cost Estimate (1 page) Exhibit 4—Copy of Financial Security Exhibit 5 – Disclosure of Interests (2 pages) Attachment A – If applicable pursuant to paragraph 6 Deferment Agmt Medistar Corpus Christi Rehab, LLC-Schatzel Tract Block 1, Lot 1A vFinal Page 8 of 8 Standard Form Deferment Agreement Template Version 1.0 1.20.2016 0 N i State of Texas County of Nueces Lawrence S. Searcy, hereby certifies that he hoe a 4.8955 interest In the lands embraced within the boundaries of the foregoing plat; that he hoe had said lands surveyed and subdivided os shown; that street. shown are dedicated In fee simple to the public use forever, that easements as shown are dedicated to the public use for the installotlon, operation and u,e of public utilities; and that this map was made for the purpose of description and dedication. This the day of 20 By. Lawrence S. Searcy State of Texas County of Nueces This Instrument was acknowledged before me by Aubrey Searcy, by Power of Attorney for Lawrence S. Searcy. This the doy of 20 Notary Public in and for the State of Texas State of Texas County of Nueces Shannon M. Wood Bush, hereby certifies that she has a 4.8955 Interest in the lands embraced within the boundaries of the foregoing plat; that she has had said lands surveyed and subdivided as shown; that streets shown are dedicated In fee simple to the public use forever, that easements as shown are dedicoted to the public use for the Installotion, operation and use of public utilities; and that this mop was made for the purpose of description and dedication. This the day of 20 By Shannon M. Wood Bush State of Texas County of Nueces This instrument was acknowledged before me by Shannon M. Wood Bush. This the __ day of 20 Notary Public in and for the State of Taxa. State of Texas County of Nueces Richard L Wood, Jr., hereby certifies that he has a 4.8955 interest in the lands embraced within the boundaries of the foregoing plat; that he has hod said lands surveyed and subdivided as shown; that streets shown are dedicated In fee simple to the public use forever, that easements as shown ore dedicated to the public use for the Instollation, operation and u of public utilities; and that this mop was mode for the purpose of description and dedication. This the day o/ 20 By. Richard L Wood, Jr. State of Texas County of Nueces This Instrument was acknowledged before me by Richard L. Wood, Jr. This the day of 20 Notary Public N and for the Stote of Texas State of Texas County of Nueces Tobias B. Wood, hereby certifiers that he hos a 4.8955 Interest In the lands embraced within the boundaries of the foregoing plat; that he has hod said lands surveyed and subdivided s shown; that streets shown ore dedicated In fee eknple to the public use forever; that easements ants a. shown ore dedicated to the public use for the Installation, operation and use of public utilities; and that this map was made for the purpose of description and dedicotlon. This the -- day of By. Tobias B. Wood State of Texas County of Nueces 20 This Instrument was acknowledged before me by Tobias B. Wood. This the day of 20 Notary Public In and for the State of Taxa. State of Texas County of Nueces Peter J. L. Wood, hereby certifies, that he has a 4.8955 interest In the land. embraced within the boundaries of the foregoing plat; that he has had said londs surveyed and subdivided as shown; that streets shown are dedicated in fee simple to the public use forever; that easements as shown are dedicated to the public use for the installation, operation and u of public utilities; and that this mop was made for the purpose of description ond dedication. This the day of 20_� By. Peter J. L Wood Stote of Texas County of Nueces This Instrument woe ocknowledged before me by Peter J.L Wood. This the day of 20 Notary Public in and for the State of Texas Plat of Schatzel Tract Lot IA, Block 1 NOV 1 8 2015 PLANNING COMMISSION 2.63 acres of land being all of Schatzel Tract 1, on Addition to the City of Corpus Christ, Nueces County, Texas, as shown by the mop or plot thereof recorded in Volume 34, Page 46, Map Records of Nueces County, Texas; All of Lots Numbers Thirteen (13) and Fourteen (14) and the South Twenty Feet (S20') of Lot Number Twelve (12), In Block Number Three (3), of the Beach Portion of Centro/ Wharf and Warehouse Company's Subdivision in the City of Corpus Christi, Nueces County, Texas, according to a map or plot of said subdivision recorded in Vo/ume 1, Page 1, of the Map Records of Nueces County, Texas, to which reference is here mode for all purposes, and all that portion of the W. S Homey Tract adjoining said lots, together with al/ improvements thereon; being the some tract of land described in and conveyed by that certain deed from Roy E. Bax and wife, Josephine A. Box, as granters therein, to Robert T Edlin and wife, Loris A. Edlin, os grantees therein, dated August 1, 1974 recorded in Volume 1662, page 934, of the Deed Records of Nueces County, Texas; All of Fractional Lots No. Ten (10), Eleven (11), and the North Thirty (302 Feet of Fractional Lot Twelve (12), in Block No. Three (3) of the Beach Portion of the Centro/ Wharf & Warehouse Company's Subdivision in the City of Corpus Christi, Texas, os shown by map thereof recorded in Volume, 1, Page 1, Map Records of Nueces County, Texas and that portion of the W.S. Homey Tract which adjoins said lots, as shown by map of said Tract recorded in Volume 4, Page 34, Mop Records of Nueces County, Texas and Tract No. Three (3) of the Partition of the unsold portion of the W S. HARNEY TRACT, mode by C. F. Blucher on January 19, 22 and 23, 1918, as shown by the official mop of said partition of record in Volume 4, Page 34, of the Map Records of Nueces County, Texas. Corpus Christi Bay _- Ummtki t Mop: N.T.S. State of Texas County of Nueces This final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi. Texas. This the day of 20 Ratna Pottumuthu, P.E., LEED AP Development Service. Engineer State of Texas County of Nueces This final plat of the herein described property woe approved on behalf of the City of Corpus Christi. Texas by the Planning Commission. This the day of Daniel M. Grimebo, P.E., A.I.C.P. Secretary 20 Philip J. Ramirez, A.IA., LEED AP. Chairman State of Texas County of Nueces I. Kora Sands, Clerk of the County Court in and for said County, do hereby certify that the foregoing Instrument dated the _ day of 20 with Its certificate of outhentication was filed for record in my office the _ day of 20 At O'clock ___),t and duly recorded the _ doy of 20 at O'clock _M In said County In Volume Page Map Records. Witness my hand and seal of the County Court, in and for said County, at office In Corpus Christi, Texas. the doy and year last written. No. Filed for Record at O'clock M 20 Kora Sands, County Clerk Nueces County, Texas By Deputy State of Texas County of Nueces I, James D. Carr, a Registered Professional Lond Surveyor for Urban Engineering, have prepared the foregoing map from a survey made on the ground under my direction and is true and correct to the beet of my knowledge. Information and belief; I have been engaged under controct to set all Lot and Block corners as shown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This the _ day of 20 James D. Carr, R.P.LS. Texas License No. 8458 /IL R A N\ DATE: Suet. 0' 2013 SCALE 1 40' ENGINEER! _ N G JOB NO.: 43012.00.04 \ ,orix;i:`. q ..",� �.,SHEET: 1 of 3 /DRAWN BY: XG 51.nomIna,301TOONWV120.... 101.2015100111 AM DWG. PC,. Exhibit 1 Paae 1 of 3 State of Texas County of Nueces The Catherine S. Finn Revocoble Trust, hereby certifies that It has a 4.895% Interest In the lands embraced within the boundaries of the foregoing plot; that it has had said fonds surveyed and subdivided os shown; that streets shown are dedicated in fee simple to the public use forever; thot easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of By The Catherine S. Finn Revocable Trust By Catherine S. Finn. Trustee State of Texas County of Nueces 20 This instrument was acknowledged before me by Catherine S. Finn, as Trustee of the Catherine S. Finn Revocable Trust, on behalf of said trust. This the day of 20 Notory Public in and for the State of Texas Stole of Texas County of Nueces CSG Revocable Surface, LLC., hereby certifies that It hos a 4.895% interest In the lands embraced within the boundaries of the foregoing plot; that It has had said lands surveyed and subdivided as shown; that streets shown are dedicated in fee simple to the public use forever, that easements as shown ore dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of 20_. By CSG Revocable Surface, LLC., a Texas limited liability company By By. Roy M. Grasaedonlo, Manager Wade L. Grossedonio, Manager State or Texas County of Nueces This Instrument was acknowledged before me by Roy M. Graaaedonio and Wade L. Graaaedonio, as Managers of CSG Revocable Surface, LLC., a Texas limited liability company, on behalf of said company This the day of 20 Notary Public In and for the State of Texas State of Texoe County of Nueces The Hunter Lambert Urrutla Searcy Management Trust, hereby certifies that It has o 1.22375% interest in the lands embraced within the boundaries of the foregoing plat; that It has hod said lands surveyed and subdivided as shown; that streets shown are dedicated In fee simple to the public use forever, that easements as shown ore dedicated to the public use for the Installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the _ day of By Wella Fargo Bank, N.A., trustee 8y. 20 Gonzalo Gonzales, Senior Assistant Vice—President and Asset Manager State of Texas County of Nueces This instrument was acknowledged before me by Gonzalo Gonzales, as Assistant Vice—President and Asset Manager for Wells Forgo Bank, N.A., trustee of the Hunter Lambert Urrutia Searcy Management Trust, on behalf of said trust. This the day of 20 Notary Public in and for the State of Texos State of Texas County of Nueces Lucky S., L.LC.., hereby certifies thot It has a 3.67125% interest in the lands embraced within the boundaries of the foregoing plat; that it has hod said lands surveyed and subdivided ere shown; that streets Mown are dedicated In fee simple to the public use forever; that eosements as shown are dedicated to the public use for the instollation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of 20 By Lucky 5., LLC. By Perry Dudden, Manager State of Texos County of Nueces This instrument was acknowledged before me by Perry Duddon, as Manager of Lucky S., LLC., on behalf of sold company. This the _ day of 20_ Notary Public In and for the State of Texas Stole of Texas County of Nueces Kinney Hotel Partners, Ltd.. a Texas limited nobility company, hereby certifies that It has a 80.84% Interest in the land. embraced within the boundaries of the foregoing plat; that it has had said lands surveyed and subdivided as shown; that streets shown are dedicated in fee simple to the public use forever; that easements oe shown are dedicated to the public use for the Installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of 20 By Phase Two, LLC, a Texas limited liability company, General Partner By. Rodney Jay Martin, Manager State of Texos County of Nuecee This instrument was acknowledged before me by Rodney Jay Martin, as Manager of Phase Two, LLC, a Texas limited liability company, General Partner of Kinney Hotel Partners, Ltd., a Texas limited liability company, on behalf of said company. This the day of 20_. Notary Public In and for the State of Texas Plat of Schatzel Tract Lot 1A, Block 1 NOV 1 8 2015 .J PLANNING COMMISSION 2.63 acres of land being all of Schatzel Tract 1, an Addition to the City of Corpus Christi, Nueces County, Texas, os shown by the mop or plot thereof recorded in Volume 34, Page 46, Mop Records of Nueces County, Texos All of Lots Numbers Thirteen (13) and Fourteen (14) and the South Twenty Feet (520) of Lot Number Twelve (12), in Block Number Three (3), of the Beach Portion of Centro/ Wharf and Warehouse Company's Subdivision in the City of Corpus Christi, Nueces County, Texas, according to a mop or plat of said subdivision recorded in Volume 1, Page 1, of the Map Records of Nueces County, Texas, to which reference is here mode for all purposes, and all that portion of the W S. Homey Tract adjoining said lots, together with all improvements thereon; being the some tract of land described in and conveyed by that certain deed from Roy E Box and wile, Josephine A Box, as granters therein, to Robert T Edlin and wife, Dons A £dl/n, as grantees therein, dated August 1, 1978, recorded in Volume 1662, page 934, of the Deed Records of Nueces County, Texas; All of Fractional Lots No. Ten (10) Eleven (11), and the North Thirty (30) Feet of Fractional Lot Twelve (12), In Block No. Three (3) of the Beach Portion of the Centro/ Wharf & Warehouse Company's Subdivision in the City of Corpus Christi, Texas, as shown by map thereof recorded in Volume, 1, Page 1, Mop Records of Nueces County, Texas; and that portion of the W.S. Homey Tract which adjoins said lots, os shown by map of said Tract recorded in Volume 4, Page 34, Mop Records of Nueces County, Texas and Tract No. Three (3) of the Partition of the unsold portion of the W. S HARVEY TRACT; made by C. F. Blucher on January 19, 22 and 2A 191a as shown by the official mop of said partition of record in Volume 4, Page 34, of the Map Records of Nueces County, Texas. i 1 1 R B A► N, DAASeet. 23, SCALE: 1 a40' ENGINEERING J0B ' NO.: 43012.00.042013 SHEET: 2 of 3 »a / DRAWN BY: XG SASurreAnaq.1012.M.P110120004M 10/26/2015 2,1 48 6 la PDF D. Exhihit 1 PanP 9 of :1 1 • 1 02; 1 aQ Bep`n Po wOrehaUsi`n:'FL 3 Records oI Nuec01 o Pg °y TsS�°t wnory Lot 6 tiered Lota a 48Na7 Lot5 'Q w°i a' 2 Tract 6, w.S. HorneY Tract $ - Vo. 4, Pg. 34• Mip Texas ,, o. Records of 14,5008 Coun y, as �. p X08 Lot4 N8452'48'E 171.43' Notes 1.) Total platted area contains 2.63 acres of land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ hos classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 3.) Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. 4.) By graphic plotting only, this property is In Zane "B" on Flood Insurance Rate Map, Community Panel No. 485464 0167 C, City of Corpus Christi, Texas, which bears an effective date of July 18, 1985 and is not in a Special Flood Hazard Area. 5.) The yard requirement, as depicted is a requirement of the Unified Development Code and la subject to change as the zoning may change. 6.) If any lot is developed with residential uses, compliance with the Public Open Space regulations will be required during the building permit phase. 7.) Contours shown are based on NAVD 88 Datum. 8.) If any lot is developed with residential uses, compliance with the open space regulations will be required during the building. Yom Mfr 60 40 20 0 40 80 Graphic Scale Lmeo1 O Set 5/8 Inch Iron Rod with ,ed pbr6c cop .tamped 'GRIMM ENGR. C.C. Tx' • rd. 5/5 Inch Iron rod o N. Drill Ws Plat of Schatzel Tract Lot 1A, Block 1 rL',3 CO VI 17 NOV 1 8 2015 PLANNING COMMISSION 2.63 acres of land being all of Schatzel Tract 1, an Addition to the City of Corpus Christi, Nueces Count Texas, as shown by the mop or plot thereof recorded in Volume J4, Poge 46, Map Records of Nueces County, Texas; All of Lots Numbers Thirteen (13) and Fourteen (14) and the South Twenty Feet (S20) of Lot Number Twelve (12), in Block Number Three (3), of the Beach Portion of Central Wharf and Warehouse Company's Subdivision in the City of Corpus Chnsti, Nueces County, Texas, according to mop or plot of said subdivision recorded in Volume 1, Poge 1, of the Mop Records of Nueces County, Texas, to which reference is here mode for al/ purposes, and all that portion of the W. S. Homey Tract adjoining said lots, together with ol/ improvements thereon; being the some tract of land described in and conveyed by that certain deed from Roy E. Box and wife, Josephine A. Box, as granters therein, to Robert T Edlin and wife, tons A. Edl/n, as grantees therein, dated August 1, 1978, recorded in Volume 1662, page 934, of the Deed Records of Nueces County, Texas; All of Fractional Lots No. Ten (10), Eleven (11), and the North Thirty (30) Feet of Fractional Lot Twelve (12), in Block No. Three (3) of the Beach Portion of the Central Wharf & Warehouse Company's Subdivision in the City of Corpus Christi, Texas, as shown by mop thereof recorded in Volume, 1, Page 1, Map Records of Nueces County, Texas; and that portion of the WS. Homey Tract which adjoins said lots as shown by mop of said Tract recorded in Volume 4, Poge 34, Map Records of Nueces County, Texas and Tract No. Three (3) of the Partition of the unsold portion of the W S. t61RNEY TRACT, mode by C. F. Blucher an January 19, 22 and 23, 1918, os shown by the official map of said portition of record in Volume 4, Poge 34, of the Mop Records of Nueces County, Texas. AEURBAN1SCAL:S1-0' 20,3 DATE: , t. 2'ENGINEERING JOB NO.: 43012.00.04 ' „" "'.�is,°11i. Z,v,w SHEET: 3 of 3 be`rru.r-0, i e..m,_ DRAWN BY: XC sss,n...w,xlmonnwi 400, wrwr:ms i0o.5u oo p Exhibit 1 Paae 3 of 3 PUBLIC IMPROVEMENT PLANS FOR PUBLIC UTILITY IMPROVEMENTS TO SERVE LOT 1A, BLOCK 1, SCHATZEL TRACT CORPUS CHRISTI, TEXAS amp, hlti. .n 8[TAP[ rft, ASC! N IM IS iY410 POII•Pr D414 1.grwl W 4441MWW1n1 (—sP1. _ o.O..Nopr7414 {S�5wnn o.rt Ord -- Cow( hmv1 .1.W.6q,hn1ul.o In u5 (Yt 7011.01 )0 15 47.13 OM 11+0[X: I. COVE4 SMICT 3. /VIM UTIUT1 47A14 01 lCl104•C 514CYm 94111 SROU11I 014011D RIO4 M114 411 SIlKCXD B( 174 01 110(4 Y. 11(Srorsat 41144901 .5 RNC 7?47(. 1 TO M P401C1 r[ mlw r,m+ CRT S1AtIDAR05 CYT( or C.C. ST4n0A1D 441(11 410.5 1 Or 74 C.r( Or CC. STAISY0 7441(11 0(7744.3 2 Or 4 CIT7 04 C.C. STAMOAIO 74741(4 DETAILS 3 04 74 cm Or C.C. STA1g411) 7441[4 ()ELMS 4 Or . ENGINEER: oat RHODES C. URBAN. P.E. URBAN ENGINEERING a • JOB NO. 43012.00.00 DATE: JANUARY 2016 .1....,.74.1-•---• OF 2 Exhibit 2 Page 1 of 2 1/144 41..41,11 I' n rats• WY 4. 11r I.UOY r •1.14. 44. 1{L .r / IYO UM • liNettar1/10• 16. fUCISS + Ilf r rM n 21.'111114 11 . E 0.00 1 6--8' BACKFLOW PREVENTER DOUBLE CHECK DETECTOR ASSEUBLY IRK W/ FDC1 ICI 1J 'A all 1 -10 1• =i..11 i�i.1 441411 te+ Mu MOM It 014441•411Noe144 41.401 •r.:: a_W r.I_• 11.4400 • COT IV" 100 ruira 71 •�IYI a 6 a 1. "rsP"vai• rk II El 414 4 44 1103 S. OD 6.00 Iy.�Y. _ -ant •-.40rn..l.lt.� ..... t ..- w. is 11111 k it. .._ •.I. i -.a T__ in •u I _ i • 1 I 1 1 . a • I *k ** %* ** **-- --MI i 1• =i..11 i�i.1 441411 te+ Mu MOM It 014441•411Noe144 41.401 •r.:: a_W r.I_• 11.4400 • COT IV" 100 ruira 71 •�IYI a 6 a 1. "rsP"vai• rk II El 414 4 44 1103 S. OD 6.00 0 0100 1 *dl nl+d.Y "Mow Ifwn•/ f..... PI .6-0....'w.. •••••••••60#6.64#66 4416 .JI 04 10111•10 144.14 Op 1133 LEILA biter 04644 • 44144 111 414a 4141114-110, .11 O1.44.11 nue ON 1444 444 144441 14 104. 14, 01 01144 044 .4 4444 . 0444 4 1.6 41 4144 r Y.1 ., •w• 414 40.1 44 4.� Yw v... •w. w 4 1444 I 1. a wwM r .L..1 044 044 7100 LEGEND 10 5 -5 -10 0 5 TO 0440 o. 001111044411110 .. rp ....0 00.0•14. 444 44 MI 041• 4014 1044 44 144.1 um 60 144o 40/141. 460 4441.144 41CPPia 1111.1 1.11 • 11111•1•11 -_.L.- 11.11111 61.11 4111111144 •1. 1.4.1140.1 44 44 • 01004 414 44 44 44.1 41 441 • 441 MI 0041 z J a PUBUC UTILITY 9 2� or_2. rI1. 1E1 .11311fit 43010. . Exhibit 2 Page 2of2 r •u I _ i • 1 I 0 0100 1 *dl nl+d.Y "Mow Ifwn•/ f..... PI .6-0....'w.. •••••••••60#6.64#66 4416 .JI 04 10111•10 144.14 Op 1133 LEILA biter 04644 • 44144 111 414a 4141114-110, .11 O1.44.11 nue ON 1444 444 144441 14 104. 14, 01 01144 044 .4 4444 . 0444 4 1.6 41 4144 r Y.1 ., •w• 414 40.1 44 4.� Yw v... •w. w 4 1444 I 1. a wwM r .L..1 044 044 7100 LEGEND 10 5 -5 -10 0 5 TO 0440 o. 001111044411110 .. rp ....0 00.0•14. 444 44 MI 041• 4014 1044 44 144.1 um 60 144o 40/141. 460 4441.144 41CPPia 1111.1 1.11 • 11111•1•11 -_.L.- 11.11111 61.11 4111111144 •1. 1.4.1140.1 44 44 • 01004 414 44 44 44.1 41 441 • 441 MI 0041 z J a PUBUC UTILITY 9 2� or_2. rI1. 1E1 .11311fit 43010. . Exhibit 2 Page 2of2 Eng: Rhodes Urban, PE Engineer's Opinion of Probable Cost January 18, 2016 By: Michael York, EIT for required Public Improvements Job No.43012.00.00 for platting to serve Lot 1A, Block 1, Schatzel Tract ITEM':: DESCRIPTION QUAN. ' UNIT I UNIT ; TOTAL PRICE ! COST A. WATER IMPROVEMENTS: 1 18" PVC C-900 430 LF $79.25 $34,077.50 2 8"Gate Valve and Box 1 EA $1,855.00 i $1,855.00 3 Fire Hydrant Assembly 3 EA _ $4,500.00 . $13,500.00 'Tie to Ex. 10" PVC w/ 12"x8"Tapping Sleeve&8" 3 Tapping Gate Valve 1 I EA $5,350.00 ° $5,350.00 Tie to Ex. 10" PVC w/ 12"x6"Tapping Sleeve&6" 3 'Tapping Gate Valve 1 EA ' $5,350.00 $5,350.00 Tie to Ex. 6" PVC w/6"x8"Tapping Sleeve& 8" 4 Tapping Gate Valve 1- 1 EA $5,350.00 $5,350.00 5 8"45 Degree DL Bend 2 EA $350.00 , _ _ $700.00 6 8" 11.25 Degree D.I. Bend 1 EA $350.00 ' $350.00 7 Paving Repair 65 ' SY $100.00 $6,500.00 8 iTestin (IncludingBlow Off Valves &Chlorination 1 LS ' $5,000.00 $5,000.00 9 )_-- 9 1Mobilization, Site Survey, &General Conditions 1 EA $5,500.00 $5,500.00 WATER SUB-TOTAL: $83,532.50 TOTAL ESTIMATED CONSTRUCTION COSTS:' $83,532.50 I ENGINEERING,TESTING, &STAKING FEES_a 12%: T $10,023.90 GRAND TOTAL: $93,556.40 • J. CITY REQUIRED PLUS 10%: X 1.10 1 TOTAL REQUIRED SECURITY: $102,912.04 Note:Unit Prices for this estimate were provided by the city of Coprus Christi 1 l / ' IF- 1b .••' x4yl '� * *p` s/ *�Ho S- URB •• A lid •Z ($ t V :ti Altqt. V �� IF• .try, Urban Engineering Firm No. 145 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 3 Page 1 of 1 NOT APPLICABLE City of.Corpus Christi,Texas Department of Development Services eiiCity of P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 lin Corpus Located at: 2406 Leopard Street — C h ri sti (Corner of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: �G4/.57/p''y X2/V a Gf{/'�/S7 " /fel'% t - STREET: 7170 a/o/cab Sv;fe ad CITY: /yp✓S7e1 , Ty ZIP: �7 63 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association [Other L L Cl... DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 4)/4 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title V/'4 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee /WA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant �,A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Be. .,. - " // Title: 51//0/ GP O (Print) • Signature of Certifying "erson. / : ` ` - Date: 2-- S - /6 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMEN ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT 1.2ZI2.DOC Exhibit 5 • • DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENTI.27.12.DOC Exhibit 5 Page 2 of 2 City will cash a cashier's check from Developer within 5 business days of receipt of the check. The funds will be placed in a non-interest bearing account during the term of the Agreement. After acceptance of the public improvements, the City will refund the amount of the check to Developer as specified in the Agreement. Medistar Corporation Bank ofAmenca 7670 Woodway Ste 160 Houston, TX 77063 32-2 1110 DATE CHECK NO. AMOUNT January 26, 2016 102506 *$102,912.04 Pay: One hundred two thousand nine hundred twelve dollars and 04 cents PAY City of Corpus Christi TO ER OF THE 1201 Leopard Street 4th Floor, Finance Dept. Corpus Christi, TX 78401 ' .k.1:4411 10,1— Attachment Attachment A • Doct 201 60=e 1 41 Fi3 a Pages 19 04/03/2016 1:31PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $87.00 Any Provision herein which restricts the Sale, Rental or use of the described REAL. PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Notional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/39. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces Counts, Texas KARA SANDS _ (.1/4-1. <,-,---)9 iiii, ,TT-1-0-a— -c).,,v.--dr,k..c.ko \\(,Qq sscL V4. 6ciku, imaktouttio, pi09,(P2a =rm ��_ � ( � ' ec ePr C y of Corpus urnristi De;a apment Services/ Special Servicc-s 2406 Leopard, Suite C f �rpus Christi, TX 78408