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HomeMy WebLinkAboutC2019-370 - 5/17/2019 - NA D co c 2019019202 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 Big Diamond LLC, a Texas Limited Liability Company, ("Developer") in order to defer the completion of certain required public improvements prior to recording the final plat of Guth Parkside Annex, Block 1 , Lot 5, 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 Developer is obligated under Section 8.1 of the Unified Development Code ("UDC") to construct not less than seventy-five percent (75%) of 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 Developer is 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 Developer agrees 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 Thirty One Thousand Three Hundred and Fifty Dollars and Zero Cents ($31,350.00), 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 Developer represents that water and wastewater services are currently available to serve the subdivision, and the Developer has 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 Developer is entering into this Agreement pursuant to Section 8.1.10 of the UDC in order to defer construction and record the final Plat. Standard Form Deferment Agreement 3/2013 SCANNED NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. The preamble to this Agreement is included as substantive content in this instrument and upon which both parties to this Agreement have relied and will continue to rely during the term of this Agreement. 2. In consideration of the Developer's 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 at least 75% 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 Developer 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 Developer agrees to deposit with the City Thirty One Thousand Three Hundred and Fifty Dollars and Zero Cents ($31,350.00) 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 for a period of twelve (12) months from the date of issuance or longer, and require, as sole documentation for payment, a statement in writing from the City's Assistant City Manager setting forth (i) the circumstances of default giving rise to the draft or (ii) the Developer's failure to furnish proof of renewal not less than thirty (30) days prior to the expiration of the then current letter of credit [see the paragraph below regarding renewal], and accompanied by a properly drawn draft not to exceed the face value of the letter of credit. 5. If the form of financial security is a letter of credit, the Developer must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developer before expiration, and proof of such renewal must be received by the City at least thirty (30) days prior to the expiration of the then current letter of credit. If timely renewal is not received by the City, or cash in lieu thereof is not deposited as financial security with the City, the City may, after ten (10) days Standard Form Deferment Agreement 3/2013 prior written notice to the Developer, 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 Developer 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 Developer for the accrual or payment of interest on any type of financial security posted by the Developer 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 Developer desires 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 Agreement shall be as further set out in an addendum to this Agreement, which addendum is to be attached to this Agreement and the content 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 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 Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements. 10. The Developer 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. Standard Form Deferment Agreement 3/2013 11. Upon completion of the Deferred Improvements by the Developer 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 Developer with the remaining terms of the Agreement, the City Engineer shall: a. Immediately release the Developer from the obligations to construct the Deferred Improvements by mailing a release letter to Developer at the address shown above Developer's signature line in this Agreement. b. Return to the Developer 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 Developer. 12. If the Developer has not begun construction of the Deferred Improvements at least thirty (30) days prior to the date stated in Paragraph 26 of this Agreement, the Developer agrees that the City, after notice in writing to the Developer, 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 Developer defaults and fails 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 Developer 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 Developer 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 Developer 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 Developer agree that, if the Developer formally vacates 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 Developer remaining on deposit will be released and immediately returned to the Developer. Standard Form Deferment Agreement 3/2013 15. If Developer defaults in any of its 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 Developer [(and may send notice to the Developer's project engineer ("Project Engineer"), if such address is known by the City] by certified mail, return receipt requested, advising the Developer of the default and giving the Developer thirty (30) days from date of receipt of the notice letter to cure the default. If the Developer fails 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 Developer remaining after the City has completed construction of the Deferred Improvements, the excess funds will be refunded to the Developer 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 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 Developer covenants to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land. The City, at the Developer's 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. Standard Form Deferment Agreement 3/2013 21. The Developer 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 4, 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 Developer 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 Developer is required by the City as a condition of this Agreement. The Developer specifically acknowledges and agrees that failure by the Developer 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 duplicate, each of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer 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. EXECUTED IN DUPLICATE ORIGINALS this f day of M , 2019. CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-442: Fax i 4011 14,AA___ /fig Signa e Printed Name: Keith Selman Title: Interim City Manager Standard Form Deferment Agreement 3/2013 APPROVED AS A STANDARD FORM LEGAL DOCUMENT: fiy C , 2019. CITY ATTORNEY *(-/;14. Signature Printed Name: Buck Brice Title: Assistant City Attorney DEVELOPER Big Diamond, LLC, a Texas limited liability company 19500 Bulverde Road, Suite 100 San Antonio, Texas 78259 (210) 692-5000 Si nature Printed Name: Paul Rodriguez Title: Vice President Operations Texas Date: 5) io ) 0 1 ‘4l 0),/ STATE OFTEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on �- D , 2019, by Paul Rodriguez, Vice President Operations Texas of Big Dianond, LLC, a Texas limited liability company on behalf of said limited liability company. cp.fv N% EFFIE MICHELLE TAUBER R/\ Notary Public * STATE OF TEXAS Notary 'Tt' Signature ,51;41.r., My Comm.Exp.06/09/2019 aF ION 130254062 Attached and incorporated by reference into this Agreement: Exhibit 1 — Plat (3 Pages) Exhibit 2 — Required Public Improvements (6 Pages) Exhibit 3 — Cost Estimate (3 Pages) Exhibit 4 — Disclosure of Interests (1 Page) Standard Form Deferment Agreement 3/2013 N NOTES: TEXAS o SITE \ LINE TABLE COUNTY OF REPEAT ESTABLISHING I) X"IRON ROD WITH YELLOW CAP MARKED"PAPE-DAWSON"SET ATMAL KANEBEEF PR°CE05s.ACATEXAS LOEREROCRBYCOMPANY HEREBY LOT IRR, BLOCK 1 SUBJECT PROPERTY CORNERS UNLESS NOTED OTHERWISE. UNE# BEARING LENGTH CERIRES,w,HEIST.OWNER OF THE LANDS EMBRACED(IT.THE BOUNDARFS ONTHE NADOf AI.425 ACRE LO 3,BLOCK I.GUTH PARKSIDE ANNEX NOL 60PG 33.MBI Al GUTH PARKSIDE ANNEX CC 2) THE CH 201GS FOR THE HE TEXAS S STATE PL NE COORDINATE SYSTEM LIKOv4'4T'w S.te' ON THE FOREGOING PUT THAT HE HAS HAD SAID LANDS SURVEYED AND , EPOCH HED F0,FROM THE TEXAS STALE PLANE SYSTEM S41.4F3BT MAW SUBDIVDED. N ESTTHE ABLISHED T PROPERTY PER SOUTH CENTRALIN EFOLLOWING. . 52Sw'OYE 20 D BEING A 3.075 ACRES PREVIOUSLY PLAITED AS,A 1.425 ACRE TRACT OF Y 3) DEPICTED ONTHE FE AL EMERGENCY MANAGEMENT FLOODZONE(S)AGENCY HIS THE DAY OF _ LAND BEING ALL OF LOT 3,BLOCK I.GUTH PARKSIDE ANNEX.AN AU -� - �' DEPICTED ON INSURANCEREM RATE MAPNUMBE48s AGENCY I BY: ADDITION M THE CITY OF CORPUS CHRISTI.TEXAS,AS SHOWN BY MAP k' DATED JULY ROOD1985FORTHE RATE NUMBER CHRISTI. NOTn1C. OR PUT THEREOF RECORDED IN VOLUME se.PACE 77.MAP RECORDS U MO \.--"4:" UA DATED 18, FOR CITY OF CORPUS CHRISTI.NUECES K \ COUNTY,TEXAS AND INCORPORATED AREAS: OF NUECES COUNTY,TEXAS,A 0.644 OF AN ACRE TRACT OF LAND BEING U ,l� ZONE LOO I(NO SHADINGS.DEFINED AS:"AREAS Of MINIMAL ALL OF LOT Re,BLOCK 1,GUTH PARKSIDE ANNEX.AN ADDITION N THE FLOODING." CITY OF CORPUS CHRISTI,TEXAS,AS SHOWN THE REPEAT THEREOF IN ,OLE. VOLUME 83,PAGE N,MAP RECORDS.NUECES COUNTY.TEXAS.A 0.655 F� 4) THE SURVEY WAS BASED ON FOUND RECORD MONUMENTATION NOT OFA ACRE TRACT OF LAND BEING ALL OF LO1 141,BLOCK L GUTH SHOWN HEREON. ROWSE*ANNEX,AN ADDITION IN THE CITY OF CORPUS CHRISTI,TEXAS, p SI TOTAL PUTTED AREA CONTAINS 3.075 ACRES OF LAND. ITARIXTEXAS AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 56, A 6451 OF A ACRE CHRISTI, €CORPUS, 'OW, COufY ryOFPAGE MAP RECORDS OF NUECES TEXAS, TRACT CF LAND BEING ALL OF LOT 2A,BLOCK 1,GUTH PARKSIDE ANNEX TEXAS 0 N THISRXTRUMENT WAS ACKNOWLEDGED BEFORE TAF BY AN ADDITION IN THE CITY OF CORPUS CHRISTI,TEXAS,AS SHOWN BY MAP OR PUT THEREOF RECORDED IN VOLUME 63,PAGE 94,MAP LOCATION MAP INS THE_DAY OF 2X_ RECORDS OF NUECES COUNTY.TEXAS. N01-10SCALE LEGEND AREA BEING REPLATTED NOTARY PUBLIC IN AND FOR THE STATE OFTEXAS SCALE: 1"=50' 0 DEED AS 025 ACRES PREVIOUSLY PUTTEDAS.AIAMACRE TRACT OFUWDBEING ALL OFLoT3,BLOCK I,GUTH PARKSIDE AMEX, NAIFOFIEXM3 0' 50' 100 150' R DNUECEs PG VOLUME ADDITION IN THE CITY OF CORPUS CHRISTI,TEXAS,AS SHOWN BY IMP OR PUT THEREOF RECORDED IN VOLUME B0, COUNTY OF OPR OFFICIAL PUBBLIC RECORDS OF ROW RIGHT-OF-WAY PAGE 33IOP RECORDS OF NUECES COUNTY,TE)US,A Cam OF AN ACRE TRACT OF LAND BEING ALL OF LOT 2B,BLOCK I, NUECES COUNTY,TEXAS M YARD REQUIREMENT GUTH PARKSIDE ANNEX.AN ADDITKXN M THE CITU OF CORPUS CHRISTI,TEXAS.AS SHOWN THE REPLAY THEREOF W LOLLIPOP TREE DAYCARE INC A TEXAS CORPORATION HERESY CERTIFIES THAT • - - MR MPP RECORDS OF • FOUND ITT IRON ROD VOLUME o,PAGE M.IOP RECORDS,NUECES COUNTY,TEXAS,A 0.5511 5 OF A ACRE TRACT Of LAND BEING ALL OF LOT T.R.I-R, IE E OWNER OF,10 LANDS EMBRACED VA..THE BOUNDARIES OF A 0.6.44NUECES COUNTY,TEXAS PURVEYOR) (UNLESS NOTED OTHERWISE) K1, ATH PARKSIDE ANNEX.AN.0TION IN THE CITY OF CORPUS CHRISTI,TEXAS,AS SHOWN BY MOP OR PLAT M T ACRE LOT .BLOCK 1,GUTH PARKSIDE ANNEX NOE 63,PG 94,MRI AS SHOWN ON THEEREOF RECORDED IN VOLUME 30,PAGE TFA RECORDS OF NUECES COUNTY.TEXAS,A OAST OFA ACRE TRACT OF ,HE FOREGOING PLAT.lw,HE HAS IOD SAID LANDS SURVEYED AND SUBDIVIDED. r — I4P — EXMTWO CONTOURS LABEING ALL OE LOT UOC ,BLOCK I.GUTH PARKSIDE ANNEX,AN ADDITION CORP. TION IN THE GTY OF CCHRISTI,TEXAS,AS r SHOWBY IOP OR PUT THEREOF RECORDED IN VOLUME 63,PAGE M.MM RECORDS OF NJECES COUNTY,TEXAS.TO PAPE DAWSON S OI iv UTILITY EASEMENT INCLUDE EASEMENT p'YR,IS'UTILITY EASEMENT,la UTILITY EASEMENT 420'BUILDING UNE(VOL of,PG«,MR)5'UTILITY THS _ DAY°` '� EASEMNT(VOL38.PO30,MATSUSLITYASMENT,20'YR B IS'YR(VOL Ko,PG 33,MR) 0 BY BUILDING LINE 0 O«4APAOCDEAA'EX ENGINEERS W � �u O R BY:.. R Z ivoeEREMOVEow ❑ OOL100I«RE B MLLER N:318376,13' ]MIN 'S BY THIS (VOL M.PG 24.MR) ( •318374.42-� MO am Fnn moo.. O TS'U11 REMOVSEAEM _\ \` TOLE. eK DATEOF PREPARATION) sops. T rvOLso BEgPo«,e lip ii, OF PREPARATION:November OS.7018 EMO THS OUT (HIB��_RRayO IA COUNTY IDUI MATE OFreXM in O ;°LEAF o BY L '"- _X4,2"...--,"�a INTI' 7 RO- -. - c Co O BEXAR 65 O 20 \ •41,1.-.. "t" \ `\ \ .� /forms CREW WAS-CIA RSBOGED BOOM MEIN BD DMMOSG.TLC ATEXAS{ORATED WARY COMPANY,HEREBY CERTIF.INA,If BUILDING LINE iHISPUT \ '� \ TVOL D PO«MR1 ti'24tO r \ 61HE OWNER Of THELANDSEMIMCFD WITHIN INF BOUNDARIES OFA 0 555 ACRE "'4 PARRS...ANNE%,VOL 3{,PG lB.ANT.ANDA 045H ACRE ED BY THIS PUT /4...........Z.... 7 I I ) DES THE_DAY OF N_ l0,IA BLOCK I.GUSH PARKSDE ANNEX NIX M,PG OA MAI AS SHOWN ON DE 00 O « «O.olO3USEMENT •\— O —0 / L.k., (OREGON°PLAT.THAT HE HAS HAD SAID LANDS SURVEYED AND SUBDNDED O X20'cONS1R 40.1 wA Z O ‘,.."L`10.O 33..1 —BO- l/ IL.,//\\\� \``\ \ (/ I NOTARY PUNIC NAND FOR THE SIADH OF TEXAS IHS TE_DAY OF ]0_ O BE REMOVED BY THIS PLAT \I ]i5 Illco.a 33,MN) '+--_,w'`\\\r © \ \\\\ _,/ 2 O O BE REMOVED BY THIS PLAT \`� O \\\ \X\ t % Br RODI6GUFl CD I \\ '\\'\1 _ I\ TOLE VP OFOPERATKIN;TFXAS I �� \\ \\\\\ \ •\ LAW COUNTY OF BEXAR \ 0 _ \\\ 4\,-\ \ 1 \ THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY �___ \\\ \\\,,..,\‘ \V Ian\\�a THIS,M_DAY of 25_ N /-'_. \- \\ \�\,\) \,'•\ NOTARY PUBLIC N AND FORME STATE OF TEXAS LOTiRR--- \ \ •\ \ " BLOCKS 0 \\\/!i \\c:;\-\,\_..--61—\` \ \\ STATE TEXAS f _(7.075 ACRE) \ \\ `\ 2 -J---_.1" (I \ 1 \ \ \ o AHE`NNM:rNi of DEVE�oPENHEIM+IEsiRNcFs THFSCRBED E PROPERTY a caOM APPROVED ,�EMB.rs.TIE � I -15-.\ '' I I I4- D \1 \' 'N R\I 1 NIS IDE—DAY Of .— SI ( 1, _ 1 I �--- `�1--\ � I 1� —" 1 1 1 SYiwMJ.cnEFNPE. 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COUNTY OF BEXAR 2 1 I I 75,< \ (70798 on 11/62018 l(ESi TEXAS Wse document T not to be I HEREBY CERTIFY THAI PROPER 5.1011 TING COIADMATION HAS BEEN GIVEN THIS ' \ STAR OF used for CONSTRUCTION, PLAT TO ICE MATTERS OF STREETS,LOTS AND DRANAGE LAYOUT.To INE BEST Of MY N 1 1 1 I COUNTY O NUECES KNOWLEDGE DM PLAT COMORMS,O ALL REQUIREMENTS OF THF UNWED \y 1 IL-I' DEVELOPMENT CODE.EXCEPT FOR,HOSE VARIANCES GRANTED BY THE CORPUS L URA SANDS,CLERK OF THE COUNTY CO.,N AND SAD COUNTY,DO HEREBY <MISR PLANNING COMMISSION. ` (��}-Q�' I7 (\ CERTIFY NAT fOREGONC INSTRUMENT DATED iM_DAT OF l \I IDD' A71 WTIH ITS CERIIRCAIE O AUTHENTICATION WAS REB FOL RECORD W MY �\ 1 OmCE,HE_DAYO 20_AI_OCLOCK M,AND yyF 50 30 DULY RECORDED,M DAY OF N�AT O'CLOCK E LICENSED PROFESSIONAL ENGINEER ` I O I� _M.,IN SAID COUNTY NVOLUMB—PAGE_AMP RECORDS. fM OME OF TEXAS ( •.," I d COUNTY OF:E050 I WITNESS MY HAND AND SEM Of THE COUNTY COURT,IN AND FOR SAID COUNTY,A, HEREBY CERTIFY'THAT THE ABOVE PLAT CONFORMS TO RE MMMUMSTANDARDS SN 1\ Oy ( 01901 NCORP.CHRISM TEXAS,118 DAY AND OHM TMST WRITTEN $s ACTUAL NH BY THE TEXAS BOARD OF PROFESSIONAL LIED SUBVEYNG ACCORDING TO AN SURVEY MADE ON THE GROUND BY:PAPE DAWSG N ENGINEERS INC UNDER 58916'57-W– 338.18' g; MY DIRECTION, N:21M587.15 No, E El 315717-8 BLED FOR RECORD KARA SANDS,COUNTY CLERK NUKES COUNTY.... k� . 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' P p i / ; 1 ir 1111141 11 , . — — '.., 56.50-v1 0 PROTOTYPE z i Is: ... -5 11,1 MADE TO GO §,P • PAPE-DAWSON '>'W CIRCLE el 1 -. Fil ENGINEERS i 0, , CIRCLE K STORE 1502 g, 4.<4 -. M 9401 Up RIvec Rd "iql a co,,,,„.„,„ Texas ! CD 1 ..., 'ci CIRCLE K STORES INC. Z .............. CIRCLE K STORE #1502 CORPUS CHRISTI , TEXAS PUBLIC IMPROVEMENT PLANS SHEET INDEX \\ _,_. ._,__1......... Sheet Description Sheet No. COVER SHEET C 000 • DIMENSIONAL SITE PLAN C 100 SITE GRADING PLAN C 000 OVERALL UTILITY PLAN C 600 UTILITY DETAILS C 610 CIVIL DETAILS 2 C711 \ 7'kR R0. -�icy 1 z CORPUS • <4.,.. ;''I",,-,,,,,,„,..„,, CHRISTI, Sr. Green,P.Esigned by William J. Green,P.E. TEXAS o DN:cn=William J.Green, LOCATION MAP w P.E.,o=Developmontow--CityServices,ow--City of Corpus • NOT TO SCALE '' Christi,Texas, emall=bilkgecctexas.com, c=US Date:2019.04.1616:56:53 -05'00' PREPARED FOR: CIRCLE K STORES, INC. I TEXAS DIVISION i 19500 BULVERDE RD. SAN ANTONIO, TEXAS 78259 S s MARCH 2019 CA Ai t''oEE.13 Hiov 4 PAPE SON , 0710841 �� �ENGINEERS ' s MOO.LOW.111 SAN ANTONIO.TM MIT I DAMIAN a. EXHIBIT 2 tea:\�\eo\o\cs�\a.+��� xp�.miib swVsoloi-oc-soou+w 1 11 3'0'Ia 11111 iII i S i iimilU! i;'11 s 1 111II1 1 !Hi 1 "yds .. s. .. rbx i "F ifrq ®O®0000©®0®©®ooO®o 0 000 0 00000 NI C i A d 5 R i i p i A !i' 9 l F i n i I iB t 1 A p.PIP 1 : 9 p Oa C ;; Y _ 4+ y j i — F H1 $ v i i e i A. A 90 E, 1 s 9 1 3 a 1 i y i C I FO ./mV, at/A• ICAMO PS PM /pear comawn 6.110 AS PO. 011trIt noct 56561 A PROTOTYPE MADE TO GO CIRCLE K STORE 1502 MI Up Mar Rd. Corpus CMR. Texas CIRCLE C4 o CIRCLE K STORES, INC. piPAPE-DAWSON ENGINEERS \x\OOVr OWJVw.vws�0�• \Mao -5.-10,150 0.2 1 194 4 { Y { 01/07/0 11001.0 ora OMIT POW 01556112 •. sa.0 5650-v1.0 PROTOTYPE MADE TQ GO CIRCLE K STORE 1502 9401 .Up River Rol Cape 00111. TM= CIRCLE 0 o CIRCLE K STORES, INC. PAPE -QA WSON ENGINEERS Occ hut At. tANDNOCceet t t 11111'41)1Aiii 104 §q0ki ;go 04 ifoo d 9, � i 1 sCa s ���$ a9 14�!:38 16 pp5 D 1�0`I a��v��ql� d�4 Iz 9a3 , ill MLA i 019 DwmDr I0 os {m K am • qui aMM NCI= warm CANT 5650-vI A PROTOTYPE MADE TO GO CIRCLE K STORE 1502 9101 Up Om Ra Cape OWL iaa �o8187131 CIRCLE K STORES, INC. CIRCLE 0 r:W\OM�`a�w�c..r\°wwwmd snVmm-am-.00,211,1.9 � 1 a o 0 fa Sa E ; ; a ',. 1 1 ill V;b i-1 ? 1 ii ;l` :;"I'1 4%6 tY � t .3 1 1 g ' 11 11 a , - 1:Ms.I141E 1; i Y 1: lad ; a ii 2 1! 2 288 ! rii`-i L e B! ! alp. r s f 6Rao P'ii 1 Y 5 5 a - 5650•vlA PROTOTYPE MADE TO GO CIRCLE K STORE 1502 9/01 W. RIrw Rd • Caps ChM, Tams CIRCLE (:1 o CIRCLE K STORES, INC. `r v:\WWo%a' WAp,.,, wu..wa 5•1\190.101-0T-400011.10•0 !C D es09p 'g r 5r• td C 11 s p ■ Z O Q C xor 10 41; y =r P ii4 '81 r 5g n FV 1 2 5650-vI.0 PROTOTYPE MADE TO GO CIRCLE K STORE 1502 z•ot up Rivet Ra. Carpus Chest Texas 41 811 0 o CIRCLE K STORES, INC. CIRCLE C` PAPE-DAWSON r° ENGINEERS Digitally signed by William 1.Green,P.E. DN:cn=William 1.Green, P.E,o=Development Services,ou=City of Guth Parkside Annex Block 1 Lot 5 .711:2.=2,2711V Corpus Christi,Texas, ernail=billg@cctexas.com SUMMARY =O5 Date:2019.04.16 16:55:47-05'00' 4/15/2019 SIDEWALK IMPROVEMENTS $15,500 II. FIRE HYDRANT IMPROVEMENTS $8,100 MOBILIZATION (10%) $2,300 CONTINGENCY (10%) $2,600 DEFERMENT(10%) $2,850 PROJECT TOTAL: $31,350 ❑ NO DESIGN COMPLETED ❑ PRELIMINARY DESIGN CI FINAL DESIGN ❑ OTHER a. ref se...4, A NIA ` DBMS , Lrti:i•:t s 6 711)9 � 4 g.iiiA: ia,°NSr �' " TBPE Firm Registration#470 I TBPLS Firm Registration#10020800 San Antonio I Austin I Houston I Fort Worth I Dallas Transportation I Water Resources I Land Development I Surveying I Environmental 2000 NW Loop 410, San Antonio, TX 78213 T: 210.375.9000 www.Pape-Dawson.com EXHIBIT 3 idPAPE-DAWSON ENGINEERS ■ Guth Parkside Annex Block 1, Lot 5 2/26/2019 I. SIDEWALK IMPROVEMENTS ITEM UNIT NO. DESCRIPTION UNIT QTY PRICE AMOUNT SIDEWALK IMPROVEMENTS 1. Concrete Sidewalks SY 215 $72.00 $15,500.00 TOTAL STREETS: $15,500.00 TAPE Firm Registration N470 I TBPLS Firm Registration#10028800 San Antonio I Austin I Houston I Fort Worth I Dallas Transportation I Water Resources I Land Development I Surveying I Environmental 2000 NW Loop 410, San Antonio, TX 78213 T: 210.375.9000 www.Pape-Dawson.com lfilPAPE-DAWSON ENGINEERS Guth Parkside Annex Block 1, Lot 5 2/26/2018 II. FIRE HYDRANT IMPROVEMENTS ITEM UNIT NO. DESCRIPTION UNIT QTY PRICE AMOUNT 1. Water Main (PVC) (6-inch) LF 12 $50.00 $600.00 2. Tie In (Complete 6-inch) EA 1 $2,500.00 $2,500.00 3. Standard Fire Hydrant Assembly EA 1 $5,000.0(1 $5,000.00 TOTAL FIRE HYDRANT IMPROVEMENTS: $8,100.00 TBPE Firm Registration#470 I TBPLS Firm Registration#10028800 San Antonio I Austin I Houston I Fort Worth I Dallas Transportation I Water Resources I Land Development I Surveying I Environmental 2000 NW Loop 410, San Antonio, TX 78213 T: 210.375.9000 www.Pape-Dawson.com owe Ch'�•s DISCLOSURE OF INTERESTS of yt 1m City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking r ` to do business with the City to provide the following information. Every question must be v _ `' answered. If the question is not applicable, answer with"NA". 7852 NAME: Big Diamond, LLC, a Texas limited liability company STREET: 19500 Bulverde Road, Suite 100 CITY: San Antonio ZiP: 78259 FIRM is:OCorporation °Partnership °Sole Owner °Association ()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) NA 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 NA 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 NA 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 NA 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 Paul Rodriguez Title: Vice President Operations Texas (Print Name) 7q Signature of Certifying Person ' -----�`~�,._ Date: May 10, 2019 K 1DEVELOPMENTSVCSISHAREDILAND DEVELOPMENT APPLICATION FORMSIREZONINGVNSCLOSURE OF INTERESTS STATEMENT_5 12 2015 DOC EXHIBIT 4 / IA t 404 Mid* IIIIIIIIIIIIInIIIIIIIIIIIIIII►IIIIInIIIIIIIIIIIIIII1,►II!uihuI . City of Corpus Christi Development Services Attn: Monica Cervantes 2406 Leopard Street 5 -Q,/DO Corpus Christi, TX 78408 • DocT 21:1190_019202 Pages 21 05/17/2019 1:25PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $91.00 Ana provision herein which restricts the Sale, Rental or use of the described REAL. PROPERTY because of Race: Color, Religion, Sexy 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 Counts, Texas KARA SANDS