HomeMy WebLinkAboutC2016-286 - 5/18/2016 - NA "4_rou -a s 0 tr 9.*N 2 1.6 c {
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, D & E Development
Corporation, a Texas Corporation (the "Developer"), and TCG Corpus Christi Campus,
LLC, a Delaware Limited Liability Company in order to defer the completion of certain
required public improvements prior to recording the final plat of The Vineyards Unit
Four, Block 1, Lot 2, 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 Seventy Thousand Six Hundred Fifty-Six ($170,656.00), 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, by signing this Agreement, the Developers represent that water and
wastewater services are currently available to serve the subdivision;
WHEREAS, by signing this Agreement, the Developers represent that they have
completed all other subdivision and platting requirements under the UDC including
required park dedications;
WHEREAS, by signing this Agreement, the Developers represent that they have
executed all park deferment agreements, maintenance agreements, and all special
covenants required under the UDC, in accordance with the UDC;
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.
2016-286
S/18/16 jment-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 1 of 9
agreement Template Version 1.0 4.21.16
D & E Development Corporation
INDEXED
NOW, THEREFORE, for the consideration set forth in this Agreement, the City and
Developers agree as follows:
1. The preamble to this Agreement is substantive content in this Agreement 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, and in consideration of Developers
representations in the preamble to this Agreement, 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 precedent to the City's obligations under this Agreement, the
Developers must deposit with the City One Hundred Seventy Thousand Six
Hundred Fifty-Six ($170,656.00), 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 fora 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
Deferment Agmt D&E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 2 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
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 must be made subject to this
Agreement shall be as further set out in the addendum attached to this
Agreement, the content of which is incorporated by reference into this Agreement
as "Addendum A." The parties agree that, should there be, by the attachment
and incorporation of Addendum A to this Agreement, any conflict in the terms,
conditions, or requirements stated in this Agreement (including its exhibits) and
Addendum A, the provisions of Addendum A take precedence and prevail over
conflicting terms in the Agreement and its exhibits. All other provisions in the
Agreement (and its exhibits) not in conflict with Addendum A 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
Deferment Agmt D&E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 3 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
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,
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 8.1.10.8 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 Addendum A, 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
Deferment Agmt D&E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 4 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
r '
(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
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 Addendum A 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.
Deferment Agmt D&E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 5 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
•
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.
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 D&E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 6 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
EXECUTED IN ONE ORIGINAL and made effective this ; day of
Play , 20
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3240 Office
(361) 826-4428 Fax
Signature ;�
Printefl Name: )a lil C k a i&
Title 'Assistant City Manager, or Designee
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on / t?Ck , 20 1(Qby
Mc6imi , +gy (title)
for the City of Corpus Christi, Texas.
fkairaudirda- — — it f
KENE D SAPENTER
/oe 5hf�� NlyCoE�i�(((///��, October 15mmission 2017xpires
Notary Public's Signature h«n�'
APPROVED AS A STANDARD FORM LEGAL DOCUMENT: Vlqy /7 ,
CITY ATTORNEY
(),6 jec;k_
Signature
Printed Name: L) I .
U q tv
Title: Assistant City Attorney
Deferment Agmt D & E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 7 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
DEVELOPERS:
D & E Development Corporation
1038 Hill Country Drive
Edinburg, Texas 78539
(956) 369-9408
(9 969-0492 (FAX)
e6.),,,,,_
Signature
Printed Name: Edward Ciccone
Title: President
Date:
5--- / /6
STATE OF g)'A-S §
§
COUNTY OF 1-1'Inii-L&D §
This instrument was acknowledged before me on114.• 13 , 20 i , by
-. rr t..<- c- , CT, c- - t , , r f-(�:,, ,, 4 (title)
of D & E Development Corporation, a Texas Corporation, on behalf of said corporation.
�JG /4 /0611/ -- ="1 WP e. ;, ERNESTINA BELTRAN
-.:Yc��\I. Notary Public
Notary Public's Signature s,.`�.J, STATE OF TEXAS
4 ,+EoF.-e,.P•� My Comm. Exp. 12-12-2018
i
Deferment Agmt D& E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 8 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
DEVELOPERS:
TCG Corpus Christi Campus, LLC
1200 Summit Avenue, STE 444
Fort Worth, Texas 76102
(817) 586-2176
(817) 446-0923 (FA)As
As
Signature
Printed Name: Donny Edwards
Title: Vice President
TCG Holdings Genpar, LLC, GP of
TCG Holdings, L.P., Manager of
TCG Corpus Christi Campus, LLC
Date: 5- ka- ao \ ,
STATE OF
COUNTY OF -7-0.--'r't-Gav\:k- §
This instrument was acknowledged before me on 0.� \a '" , 20 \lt,, by
-170nr\•-\ , `(\c..e re--t deft (title)
of TCG Holdings Genpar, LLC, the sole general partner of TCG Holdings, L.P., the
managing limited partner of TCG Corpus Christi Campus, LLC.
,, VY MELISSA T. OTT
Notary Public's Signature :_ Notary Public.State of Texas
.2c My Commission Expires
;" June 17, 2017
Attached and incorporated by reference into this Agreement:
Exhibit 1 - Plat (2 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 (pages)
Addendum A- If applicable pursuant to paragraph 6
Deferment Agmt D&E Development-TCG Development-The Vineyards Unit Four, Blk 1, Lot 2 vFinal Page 9 of 9
Standard Form Deferment Agreement Template Version 1.0 4.21.16
Notes.
1.) Total platted area contains 13.28 acres of land (includes street dedication)
2.) The receiving water for the storm water runoff from this property is the 050
Boy. The TCEQ hos classified the aquatic life use for the Oso Boy as
"exceptional" and "oyster waters". The TCEQ also categorized the receiving
water as "contact recreation" use.
3.) Bearings bosed on GPS, NAD83, State Plane Coordinate System,
Texas South Zone 4205.
4.) By graphic plotting only, this property is in Zone "C" of the Flood Insurance
Rate Mop, Community Panel Number 4.85494 0540 C, City of Corpus Christi,
Texas, which bean an effective date of March 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 is subject to change Oe the zoning may change.
6.)18 any lot is developed with residential uses, compliance with the open spore
regulation will be required during the building permit phase.
7.) The 15' wide drainage maintenance strip is non—buildable. Structures,
including fences, will not be permitted within this strip. Underground utilities
may be permitted subject to City approval.
Stole of Texas
County of Nueces
D&E Development Corporation, hereby certifies that R le the owner of the lands embraced
within the boundaries of the foregoing plat: that it has had said lands surveyed and
subdivided os shown: that streets and drainage rignt—of—way shown are dedicated to the
public use forever; that easements as shown are dedicated to the public use for the
installation, operation and use of public utilties; and that this map was made for the
purpose of description and dedication.
This the __ doy of
By DkE Development Corporation
By
Edword L. Ciccone, President
20
State of Texos
County of Nueces
This instrument wos acknowledged before me by Edward 1. Ciccone, ore President of D0E
Development Corporation, on behalf of said corporation.
This the day of
20
Notary Public in and for the State of Texas
ilia YAR - 9 201c J
PLANNING COMMISSION
Plat of
The Vineyards Unit Four
Block 1, Lot 2
being a 13.28 acre tract of land, more or less,
out of Lots 4, 5 and 6, Section 20, Flour Bluff
and Encinal Farm and Garden Tracts, a map of
which is recorded in Volume A, Pages 41-43, Map
Records of Nueces County, Texas, same being o
portion of a 89.82 Acre Tract described in Deed
recorded under Clerk's fib No. 1997029859, Official
Public Records of Nueces County, Texas.
Stote of Texas
County of Nueces
Monger Developments Limited, hereby certifies that it holds a lien on the property owned by
D&E Development Corporation, as shown on the foregoing map and it approves of the
subdivision and dedication for the purposes and considerations therein expressed.
This the ___ coy of 20_
By. Manger Developments Limited
Bs
Felipe Paseo., attorney in fact
State of Texas
County of Nueces
This instrument was acknowledged before me by Philip.. Pasquier. attorney in fact for
Mauger Developments Limited.
This the
day of 20
Notary Public in and for the State of Texas
State of Texas
County of Nuecos
This final plat of the herein described property woe approved by the Deportment of Development
Services of the City of Corpus Christi, Teras.
This the _ day of 20
Rotna Pottumuthu, P.E., LEED AP
Development Services Engineer
State of Texas
County of Nueces
This Pmol plat of the herein described property woe approved on beholf of the City of Corpus Christi,
Texas by the Planning Commission.
This the day of 20
Daniel McGinn, A.I.C.P. Philip J. Romired. A.I.A.. LEES A.P. Chairman
Secretory
State of Texas
County of Nueces
I, Kara Sonde, Clerk of the County Court in aid for said County, do hereby certify that the foregoing
instrument dated the day of 20 with its certifloate of outhenticatl. was
fled for record in my office the _ day of 20— At _ O'clock _JI.. and
duly recorded the _ day of 20 at O'clock Jl in said County in
Volume Page Map Records.
witness my nand and sed of the County Court, In and for sold Counts at office in Corpus Christi,
Texas, the day and year last written.
No.
Filed for Record Kara Sands, County Clerk
Nueces County, Texas
at O'clock _Al
20 ey.
Deputy
Stole of Texas
County of Nueces
1, James D. Carr, a Registered Profeeslond Lond Surveyor for Urban Engineering, have prepared the
foregoing map from a survey mode on the ground under my direction and 4 true and correct to the
best of my knowledge, Information and belief; I have been engaged under contract to set all Lot and
Block corners as shown herein and to complete eucfn operotlane with due and reasonable diligence
consistent with sound professional practice.
This the
day of 20
Jomee 0. Carr, R.P.LS.
Texas License N0. 6458
U FR e A N, DATE:Jin-,ry13, 2018
EN GI N E E f2 l N G JOB NO.: 04462.85.07
SHEET: 1 of 2
,m ..,
are ux. s.?.vv j DRAM 8Y: 00
Exhibit 1
Page 1 of 2
89.e2 Acre Tract
(Doc. No. 19970298:19, O.P.R.N.C.T.)
(Orme, D&E Development Corporation)
The Vineyards Unit Four
Block 1, Lot 2
being a 13.28 acre tract of land, more or less,
out of Lots 4, 5 and 6, Section 20, Flour Bluff
and Encina) Farm and Garden Tracts, a map of
which is recorded in Volume A, Pages 41-43, Map
Records of Nueces County, Texas, same being o
portion of a 89.82 Acre Tract described in Deed
recorded under Clerk's file No. 1997029859, Official
Public Records of Nueces County, Texas.
Exhibit 1
DATE January 13, 2016
SCALE 1'100'
JOB NO.: 04462.85.07
SWEET: 2 of 2 .
DRAWN BY: X0
Page 2 of 2
PUBLIC WATER LINE IMPROVEMENTS
FOR
LOT 2, BLOCK 1
THE VINEYARDS UNIT 4
CORPUS CHRISTI, TEXAS
LOCATION MAP
NOT TO SCALE
SHEET 'Da;
SHEET 1 TITLE 56661
SHEET 2 WAILR PLAN
TME FOIDNINO SUNDA* SHEETS SPECIF!AILY
DTITIFEE BELOW PAYE BEN SELECED Et NE OR
580118 S1PE1h1SOSI A5 BEING
LE Tp WiS.P
CITY STANDARDS INDEX:
CTY OF G.C. SN4DRRD RATER DETAILS I OF 5
CTY OF C.C. SIM4DARD WA -ER DETAILS 2 OF 5
CT5 OF C.C. S-ANDARD WA -ER :ETAIL5 3 OF 5
CITY OF C.C. SAND8RO WA -ER :STARS a OF 5
CITY OF C.C. 54645050 WA'.ER CETAILS 5 OF 5
Digitally signed by Ratna S.
Pottumuthu. P.E.
DN: m=Ratna S.
Pottumuthu. P.E.
o-Developnxnt Services,
ou=City of Corpus Christi,
c=115 epAcctexas.com
cal/5
Date: 2016.02.1616:46'36
.0500'
1
yr 0
..+�FZlL IL
sz /Print
isw Aims
ENGINEER: srtrim
xt
Eugene C. Urban. Jr. P.E.
CALL BEFORE YOU O!G!
Bfls
TSB 505
5466
8 ;ON
AT 1-1100-669-644
I
UURBAN
ENGINEERING
lynW/ r{, 10. MRS rw
aG. IRU2aiA
:...Part OR 007,6 3pST. is MM.
.56 K. 4462 .07
FEBfi1811 2016 Dl/err
SHEET 1 OF
Exhibit 2
Page 1 of 2
m
x
0
N
C)
CIDCD
N
0
H1
N
3/ WHiri
iieiAlm
a
M
10445
hq d: 4i
= a ac
q
POWq
X 8
Illifiil
it
00
NA
Iv
tC
SA
URBAN
ENGINEERING
WATER PLAN
LOT 2, BLOCK 1
TFE VINEYARDS UNIT 4
CORPUS CHRISTI, TEXAS
CRAWN: C.R.R.
DESIGNED: Gu.
CHECKED: C.U.
DATE: JAN. 2016
wrE
DESCRPriCN
•
Eng: Chuck Urban Preliminary Cost Estimate for Revised April 15,2016
By: C.R.R. PUBLIC WATERLINE IMPROVEMENTS Job No.4462.B5.07
PROPOSED LOT 2, BLOCK 2
THE VINEYARDS UNIT 4
ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL
QUANTITY PRICE COST
A. WATERLINE IMPROVEMENTS:
1 8"PVC C-900 1,336 LF $70.00 $93,520.00
2 8"Ductile Iron Bend 3 EA $2,000.00 $6,000.00
3 Fire Hydrant Assembly Complete In-place 5 EA $5,000.00 $25,000.00
4 12"x8"Tapping Sleeve w/8"Tapping G.V. 2 EA $2,500.00 $5,000.00
5 Tie to Existing Waterline 2 EA $2,500.00 $5,000.00
6 Pavement&Sidewalk Repairs at Airline Tie-In 1 LS $2,500.00 $2,500.00
7 Traffic Control 1 LS $1,500.00 $1,500.00
WATERLINE IMPROVEMENTS SUB-TOTAL: $138,520.00
I I
ENGINEERING,TESTING&STAKING FEES @ 12% $16,622.00
GRAND TOTAL: $155,142.00
CITY REQUIRED PLUS 10%: x 1.10
I I
TOTAL REQUIRED SECURITY: $170,656.00
1064,14,
r 1
i
s ..4 II •
rEU a E C. URBAN, J ' 0
47142 .4:f
4 es
THE SEAL APPEARING ON THIS DOCUMENT
WAS AUTHORIZED BY EUGENE C. URBAN, JR.
P.E.,TX. REG.47142(04/15/2016)
Note: Items 1 and 5 increased per City of Corpus Christi's request.
Urban Engineering
2725 Swantner
Corpus Christi,TX 78404
1-361-854-3101 1 of 1
Exhibit 3
•
•
•
•
`'• BOK FINANCIAL
PAGE 1.
INTERNATIONAL BANKING CENTER
ONE WILLIAMS CENTER, PLAZA EAST
TULSA, OK 74172
USA
04/15/16
ISSUING BANK: BOKF, NA
BENEFICIARY:
CITY OF CORPUS CHRISTI •
1201 LEOPARD STREET
4TH FLOOR, FINANCE DEPT.
CORPUS CHRISTI, TEXAS 78401
ATTN: DIRECTOR OF FINANCE
LETTER OF CREDIT NUMBER: BOK16SDP02906
APPLICANT: TCG CORPUS CHRISTI CAMPUS, LLC
AMOUNT: 170, 656.00 USD
EXPIRATION: 04/15/17
AT THE REQUEST OF THE APPLICANT WE HAVE ISSUED OUR IRREVOCABLE STANDBY LETTER
OF CREDIT REFERENCED ABOVE; THE ORIGINAL IS HEREBY ATTACHED.
IF THE TERMS OF THE LETTER OF CREDIT ARE UNSATISFACTORY, WE SUGGEST YOU
IMMEDIATELY COMMUNICATE WITH THE APPLICANT AND REQUEST THE APPROPRIATE
AMENDMENT.
INQUIRIES DIRECTED TO OUR OFFICE MAY BE MADE TO TELEPHONE +1 (918) 588-6829
OR TO FAX +1 (918) 588-6026. PLEASE SEND ALL CORRESPONDENCE DIRECTED TO OUR
OFFICE TO THE ABOVE MENTIONED ADDRESS.
IF PRIOR TO THE EXPIRATION DATE, THE APPLICANT'S OBLIGATION WITH YOU HAS BEEN
COMPLETED AND YOU NO LONGER AVAIL YOURSELF OF OUR LETTER OF CREDLT, WE KINDLY
ASK YOU TO RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS ALONG WITH
A LETTER GIVING US YOUR CONSENT TO CLOSE THE LETTER OF CREDIT SO THAT THE
APPLICANT'S LIABILITY WITH THE BANK IS RELEASED.
Exhibit 4 Page 1 of 5
Services provided by Bank of Albuquerque,Bank of Arizona,Bank of Arkansas,Bank of Kansas City,Bank of Oklahoma,Bank of Texas,Colorado State Bank and Trust,divisions of BOKF,NA
``•, BOK FINANCIAL
PAGE 2
IRREVOCABLE STANDBY LETTER OF CREDIT BOK16SDP02406
ISSUED IN TULSA, OKLAHOMA ON 04/15/16
ISSUING BANK: BOKF, NA
BENEFICIARY:
CITY OF CORPUS CHRISTI
1201 LEOPARD STREET
4TH FLOOR, FINANCE DEPT.
CORPUS CHRISTI, TEXAS 78401
ATTN: DIRECTOR OF FINANCE
APPLICANT:
TCG CORPUS CHRISTI CAMPUS, LLC
1200 SUMMIT AVENUE, SUITE 444
FORT WORTH, TEXAS 76102
DATE AND PLACE OF EXPIRY: 04/15/17 TULSA, OKLAHOMA
AMOUNT: 170, 656.00 USD
USD ONE HUNDRED SEVENTY THOUSAND SIX HUNDRED FIFTY SIX 00/100EXACTLY
AT THE REQUEST AND FOR THE ACCOUNT OF DEVELOPER, TCG CORPUS CHRISTI CAMPUS,
LLC, 1200 SUMMIT AVENUE, SUITE 444, FORT WORTH, TEXAS 76102, ("APPLICANT") ,
WE, BOKF, NA, ATTN: INTERNATIONAL DEPT., ONE WILLIAMS CENTER - PLAZA EAST,
TULSA, OK 74172, ("ISSUER") ISSUE THIS IRREVOCABLE INDEPENDENT STANDBY LETTER
OF CREDIT NUMBER BOK16SDP02406 ("STANDBY") IN FAVOR OF CITY OF CORPUS
CHRISTI, DIRECTOR OF FINANCE, 1201 LEOPARD STREET 4TH FLOOR, CORPUS CHRISTI,
TEXAS 78401 ("BENEFICIARY") IN THE MAXIMUM AGGREGATE AMOUNT OF USD
170, 656.00.
ISSUER UNDERTAKES TO BENEFICIARY TO PAY BENEFICIARY'S DEMAND FOR PAYMENT IN
THE FORM OF ANNEX A (PAYMENT DEMAND) OR ANNEX B (PAYMENT DEMAND AFTER NOTICE
OF NON- EXTENSION) COMPLETED AS INDICATED AND PRESENTED TO ISSUER AT THE
ABOVE ADDRESS OF ISSUER AT OR BEFORE THE CLOSE OF BUSINESS ON THE EXPIRATION
DATE. PRESENTATION OF ANY DEMAND UNDER THIS STANDBY MAY BE MADE BY TELEFAX
SENT FROM 361-826-3601 TO 918-588-6026 WITH A COVER SHEET MARKED 'URGENT. FAX
PRESENTATION UNDER STANDBY LETTER OF CREDIT BOK16SDP02406' , AND THE
DOCUMENT(S) RECEIVED AND PRINTED OUT BY ISSUER SHALL BE DEEMED TO BE ORIGINAL
UNDER ISP98 RULE 4.15 (ORIGINAL, COPY, AND MULTIPLE DOCUMENTS) .
BENEFICIARY IS REQUESTED TO TELEPHONE ISSUER AT 918-588-6649 AND TO IDENTIFY
THIS STANDBY AND BENEFICIARY'S PRESENTATION BEING TELEFAXED THAT SAME
BUSINESS DAY, AS A COURTESY AND NOT AS A CONDITION LIMITING ISSUER'S
OBLIGATIONS.
IF A DEMAND EXCEEDS THE AMOUNT AVAILABLE, BUT THE PRESENTATION OTHERWISE
COMPLIES, ISSUER UNDERTAKES TO PAY THE AMOUNT AVAILABLE.
THE EXPIRATION DATE OF THIS STANDBY IS APRIL 15, 2017.
THE EXPIRATION DATE OF THIS STANDBY SHALL BE AUTOMATICALLY EXTENDED FOR
SUCCESSIVE ONE-YEAR PERIODS FROM THE THEN CURRENT EXPIRATION DATE, UNLESS 90
OR MORE CALENDAR DAYS BEFORE THE THEN CURRENT EXPIRATION DATE, ISSUER
Exhibit 4 Page 2 of 5
{ Services provided by Bank of Albuquerque,Bank of Arizona,Bank of Arkansas,Bank of Kansas City,Bank of Oklahoma,Bank of Texas,Colorado State Bank and st.divisions of BOKF,NA
•
•
*, BOK FINANCIAL
PAGE 3
NOTIFIES BENEFICIARY IN WRITING BY CERTIFIED MAIL OR NATIONALLY RECOGNIZED
OVERNIGHT COURIER AT THE ABOVE ADDRESS THAT ISSUER ELECTS NOT TO EXTEND THE
EXPIRATION DATE.
PAYMENT AGAINST A COMPLYING PRESENTATION SHALL BE MADE WITHIN THREE BUSINESS
DAYS AFTER PRESENTATION AT THE PLACE FOR PRESENTATION OR BY WIRE TRANSFER TO
A DULY REQUESTED ACCOUNT OF BENEFICIARY,
THIS STANDBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998
(ISP98) , (INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO, 590) , TO THE
EXTENT NOT INCONSISTENT WITH THE LAWS OF THE STATE OF TEXAS, WHICH LAWS
GOVERN THIS LETTER OF CREDIT, AND MORE PARTICULARLY WITH THE PROVISIONS OF
CHAPTER 5 OF THE TEXAS BUSINESS AND COMMERCE CODE CURRENTLY IN EFFECT.
ISSUER'S CHARGES AND FEES FOR ISSUING, AMENDING, OR HONORING THIS STANDBY ARE
FOR APPLICANT'S ACCOUNT AND SHALL NOT BE DEDUCTED FROM ANY PAYMENT ISSUER
MAKES UNDER THIS STANDBY,
VERY TRULY YOURS,
BOKF, iA
,
. . . . . . . . . .
A TY IDER
VP, I TL OPERATIONS
Exhibit 4 Paige 3 of 5
Services provided by Bank of Albuquerque,Bank of Arizona,Bank of Arkansas,Bank of Kansas City,Bank of Oklahoma,Bank of Texas,Colorado State Bank and st divisions of BOKF,NA
Annex A: Payment Demand
Date:
BOKF,NA
Attn: International Dept.
One Williams Center
Plaza East
Tulsa, OK 74172
Re: Standby Letter of Credit number BOK16SDP02406, dated April 15,2016, issued by
BOKF,NA ("Standby").
The undersigned Beneficiary demands payment of USD under the Standby.
Beneficiary states that Applicant is obligated to pay to Beneficiary the amount demanded
as provided in the Deferment Agreement between Beneficiary and Applicant, as Applicant
has not installed the required improvements or vacated the plat of Applicant within the time
period allowed in that Agreement. This Standby supports Applicant's obligations to
Beneficiary under that Agreement.
Beneficiary requests that payment be made (at the place of presentation) or (by wire transfer
to Beneficiary's following account: Frost Bank, City of Corpus Christi Combined Funds,
Account Number 664012798, Routing Number 114000093
City of Corpus Christi, Texas
By its authorized officer:
(Signed and dated by the City Manager (including Interim or Acting) or any Assistant
City Manager or the Director of Finance (including Interim or Acting). The signature of such
official claiming such title together with title designation on the draw demand shall be
conclusive on the issuer without further exemplification or other proof of identity or title.)
ATTACHED TO AND FORMING AN INTEGRAL PART OF
BOKF, NA STANDBY LETTER OF CREDIT NO. BOK16SDP02406
}
Exhibit 4 Page 4 of 5
Annex B: Payment Demand after Notice of Non-extension
Date:
BOKF, NA
Attn: International Dept.
One Williams Center
Plaza East
Tulsa, OK 74172
Re: Standby Letter of Credit number 13OK16SDP02406, dated April 15, 2016, issued by
BOKF,NA("Standby").
The undersigned Beneficiary demands payment of USD under the Standby.
Beneficiary states that the Standby is set to expire fewer than 30 days from the date hereof
because Issuer has given a notice of non-extension of the Standby and no satisfactory
replacement standby has been timely received. The amount demanded is required to secure the
obligations of Applicant as provided in the Deferment Agreement.
Beneficiary requests that payment be made (at the place of presentation) or (by wire transfer
to Beneficiary's following account: Frost Bank, City of Corpus Christi Combined Funds,
Account Number 664012798, Routing Number 114000093
City of Corpus Christi, Texas
By its authorized officer:
(Signed and dated by the City Manager (including Interim or Acting) or any Assistant
City Manager or the Director of Finance (including Interim or Acting). The signature of such
official claiming such title together with title designation on the draw demand shall be
conclusive on the issuer without further exemplification or other proof of identity or title.)
1
ATTACHED TO AND FORMING AN INTEGRAL PART OF
BOKF, NA STANDBY LETTER OF CREDIT NO.BOK16SDP02406
Exhibit 4 Page 5 of 5 `t
City of Corpus Christi.Teas
Dcparunertl of Devdopmc U Services
City 01 P i Box.7 CorpmChn0tu. Ch 7ti.Te s
Co�-pu.�J {3611826-3240
Loaned at. 2406 Leopard Street
= M Christi (Corner of Leopard Si and Portae)
yarmall
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: D&E Development Corporation
STREET: 1038 Hill Country Drive CITY: Edinburg,Texas ZIp: 78539
FIRM Is: 0 Corporation ❑ Partnership 0 Sole Owner ❑Association 0 Other
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)
N/A
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
N/A
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
N/A
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
N/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' Edward 1. Ciccone Title: President
(Print)
�.c. -� > /
Signature of Certifying Person: l. Date: '�'% ��' C.
K 1DEVELOPMENTSVCS`511AREDCASD DEVELOPMENTlOKDINANCE ADMIN15rRATION\APPLICATION FORhIS1FORMS AS PEP LEO AL52o12ZISCLOSURE OF INTERESTS 0 f Z
STATE1‘tE.*•Tt 2Page
1 I2 DOC Exhibit 5 r
r '
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 DEVELOtMtEN SVC'tSItAR£D\LANO D£VELOI'MEhTORDENANCE AD MINISTR\TIOMAPPL1CATION FORMS FORMS AS PER LEGMAN)!20ISCLOSIIRE OF INTERESTS
STATEMENT1.2712.DOC Exhibit 5 Page 2 of 2
City of Carpus Christi,Tens
•
Depamnent of Development Services
P.00ity O Christi,
sox 9277
Corpus Cftristi,Texu 78469-9277
• (361)826-3240
C0 US Located at: 2406 Leopard Street
mew mum (Corner of Leopard St.and Port Ave)
=Christi
.t....la.
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: TCG Corpus Christi Campus,LLC
STREET: 1200 Summit Avenue, Suite 444 am: Fort Worth,Texas ZIP: 76102
FIRM is: 0 Corporation 0 Partnership 0 Sole Owner 0 Association 0 Other limited liability company
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)
N/A
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
N/A
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
N/A
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
N/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: lar.., gD�r 0.5 Title: �i"e.irr s ib ld7
(Print)
Signature of Certifying Person: �}s-n..� Date: 3. 2Y- /II
K DEVELOPMENTSVCSISHARED`�I.AND DEVELOPMENTORDINANCE ADMMO 7102AAPPLtCATION FORMSFORMS AS PER LEOALt2012 DISCLOSLRiE OF INTERESTS Page 1 Of 2
STATEMENT'2712 DOC Exhibit 5 g
•
•
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.
I:DEVELOPMENTSVCS1S1iARED1LAND DE VELOPSIENF+DRDINANCE ADMINISTRATION APPLICATION FORMS,FORMS AS PER LEGALl20121DISCLOSUURE OF INTERESTS
STATEMEvT1.2212DOC Exhibit 5 Page 2 of 2
•
•
•
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,s,and 6 if there are no interested parties CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number.
of business. 2016-29843
D&E Development Corporation
Edinburg,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form Is 03123/2016
being filed. -
City of Corpus Christi Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
Vineyards Unit 4,Blk 1,Lt 2
Deferment Agreement
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling intermediary
.S Check only if there is NO Interested Party.
6 AFFIDAV_ _ — I swear,or affirm,under penalty of penury,that the above disclosure Is true and correct.
..5 ERNESTINA BEL'CRAN
.1�;2 pu5tic
sl 1 (3r TEXAS t -C� 7-
4 l�1.1I lay corm ExD 12t2•2Q19
Signa,ue of authorized agent of contracting business entity
AFFIX NOTARY STAMP f SEAL ABOVE
Sworn to and subscribed before me,by the said• PE7-SlOh this the 23 day of M• 116' ,
20 rf' .to certify whch witness my hand and seal of office-
1ttiZ. a. /0444:
t,4.' EWt ThIA- g; r 14, IV0 .
Signature of officer administering oath Printed name of officer administering oath Title of officer inisterin h
Forms provided by Texas Ethics Commiss`on www.ethics.state.tx.us Version V1.0.312
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1.2.3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity fifing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-31081
TCG Corpus Christi Campus,LLC
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/25/2016
being filed.
City of Corpus Christi Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract.and provide a
description of the goods or services to be provided under the contract.
Vineyards Unit 4,Blk 1,Lt 2
Deferment Agreement
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only if there is NO Interested Parry. a
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
1, s'• SHAWNA ESKINS
•: ;�
141 My Notary ID#126440396
'tic,* Expires Mardi 7,2020 #11
S'! a,. :o authoriz:• .gent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE �'�� / f,! ,( �7 /
Sworn to and subscribed before me,by the said ))flflU [ [1LCE r , ,this the �f' day of /1W t t
20 F L ,to certify which,witness my hand and seal of office.
s',.aw abieatAinv4ifert,
Signature of officer administering oath Printed name of officer administering oath Tide of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312
•
•
From:
y of C -�
De��dapmentorpus Services/&,tiristi
Special Service,;:
2406 Leopard, Suite J
C �rpus Christi, TX 78408
Doc 2016021679
Pages 26
05/31/2016 9:42AM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $115.00
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
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
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 County? Texas
KARA SANDS