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
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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
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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,
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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
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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.
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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)
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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
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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
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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,
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$ - Vo. 4, Pg. 34• Mip Texas
,, o. Records of 14,5008 Coun y,
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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
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PUBLIC IMPROVEMENT PLANS
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UTILITY IMPROVEMENTS
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LOT 1A, BLOCK 1, SCHATZEL TRACT
CORPUS CHRISTI, TEXAS
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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 '�
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s/ *�Ho S- URB •• A lid
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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