Sec. 35-B121. - Subdivision Plat Applications.
(a) Number of Copies. The director may require the applicant to submit up to forty (40) blue line or black line folded copies of the final plat, one (1) legible eight and one-half by eleven (8½ x 11) inch reduced copy, an original and reproducible matte film of the plat, and the items listed in subsection 35-432(b)(1).
(b) Format. Plats shall be drawn in ink on Mylar on sheets eighteen (18) inches wide and twenty-four (24) inches long, with a margin of two and one-half (2½) inches on the left side of the sheet, and appropriate margins on the other three (3) sides. Plats shall be drawn at a standard engineering scale of one (1) inch equals ten (10), twenty (20), thirty (30), forty (40), fifty (50), sixty (60) or one hundred (100) feet, dependent upon the size of the platted parcel(s) and availability of sheet space. When choosing drawing scale, the ultimate goal is ease of readability and clarity of reproduction. City staff may require a change of drawing scale as deemed necessary for adequate legibility. The plat boundary line shall be a solid continuous line type with a heavy pen weight to distinguish said boundary line from all other lines. Where more than one (1) sheet is necessary to accommodate the entire area to be subdivided, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat.
(c) Contents. The plat applications shall include the following:
(1) All of the information required by Table B101-1 of this appendix.
(2) A performance agreement, if one is required by section 35-437.
(3) The tax certificates and letters of certification required by section 35-431.
(4) The plat number issued by the department of development services in the upper right corner, scale, north arrow, and date.
(5) The name of the subdivider and the name of the record owner of the land involved.
(6) Location of the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part giving the dimensions of the subdivision.
(7) The primary control points, approved by the director of public works, or descriptions and ties to such control points, to which all dimensions, angles, bearings, new city block number or county block number, and similar data on the plat shall be referred; and four (4) points on the perimeter of the subdivision, identified by coordinates that relate to the state plane coordinate system.
(8) The tract boundary lines, the exact location and width of all existing or recorded streets, easements, and other rights-of-way intersecting the boundary or streets, easements, and other rights-of-way forming the boundary of the tract being subdivided, and property lines of residential lots and other sites with accurate dimensions, bearing or deflecting angles and radii, area, and central angles of all curves.
(9) Final contour data to show drainage of the site of the proposed subdivision. If the average grade of the site is five (5) percent or less, the maximum contour interval to be used shall be two (2) feet. If the average grade exceeds five (5) percent, the maximum contour interval may be increased to five (5) feet.
(10) The name and width of each public and private street or other right-of-way in or adjacent to the subdivision. The right-of-way width on all streets and safety lanes shall be displayed by an overall dimension. The dimensions of the division of the right-of-way on public streets between the centerline of the right-of-way and respective adjacent property line shall be shown. Also, private streets and safety lanes shall be designated as such.
(11) The name of the subdivision (no more than thirty-five (35) characters), legal description of the property, and a number to identify each lot or site.
(12) Location, dimensions, and purpose of any easement or reservation and location of any high-pressure oil, gas, or gasoline lines. Easements which are designated to be converted into public street right-of-way on a subsequent plat shall be annotated with the following note: "Easement to expire upon incorporation into platted public street right-of-way." All easements created by the plat shall be graphically illustrated on the plat to scale and shall be labeled with the purpose of the easement; and designated as public or private. All existing easements shall be labeled with a reference to the official recording document number and page, the type of easement and the grantee. Use of any abbreviations shall be explained in plat notes.
(13) Front and side setback lines adjacent to streets, where required.
(14) The city limits line and the extraterritorial jurisdiction line if either traverses the subdivision.
(15) The location map indicating the location of the plat in relation to adjacent streets and at least two (2) major thoroughfares in the vicinity.
(16) Locations and dimensions of any potential recharge features which have been assessed as a high concern feature as designated in the 1987 Report entitled "The Edwards Aquifer: Perspectives For Local and Regional Action" or the latest adopted revision of the assessment chart used to assess such features.
(17) The county clerk's certificate of authentication as required by the applicable county.
(18) Wastewater EDU note. The number of wastewater equivalent dwelling units (EDUs) paid for this subdivision plat are kept on file at the San Antonio Water System under the plat number issued by the department of development services.
(19) Plat name shall include the name of the subdivision, the phase, section and/or unit number if applicable and if the subdivision is other than a conventional subdivision the type of development e.g. "ABC Subdivision [Unit # if applicable] a Planned Unit Development, Town home Subdivision, Form Based Development, Enclave Subdivision, Master Planned Community District, Conservation Subdivision, Manufactured Home Subdivision, Manufactured Home Community, Recreational Vehicle Park, Tax Increment Finance Subdivision, or other subdivision type. The following acronyms may be used to shorten the plat name as applicable: PUD, FBZD, MPCD, TIF, provided, however, the type of subdivision shall be clearly identified on the plat.
(20) Plat notation. A plat which includes common areas, private infrastructure, or private facilities to be maintained by a property owners association shall be annotated with the following note: "A legal instrument establishing a plan for the use and permanent maintenance of the common areas/facilities designated on this plat is being recorded on the same date as this plat."
(21) If applicable, an original variance request, the variance fee and a written response from the director as required by section 35-483.
(22) All notes placed on the proposed plat (this is applicable to all types of plat applications) shall be approved by the director of development services for form and content. In addition, all notes shall be subject to review by the city attorney or the city attorney's designee for legal sufficiency. Commentary: Information Bulletin (IB) 526 was created in 2010 and identifies the standard plat notes that have been vetted through a stakeholder public process, and any future text changes shall be vetted through the same public process. Amending and BSL plats will not be eligible for limited review, if the plat notes do not conform to IB 526.
(23) Private infrastructure. All private infrastructure and amenities created by the plat, including but not limited to stormwater management, parks, open spaces, common areas, landscaping, easements, streets and alleys must be dedicated to an appropriate entity with the power and authority to maintain the improvements. The legal instrument providing for permanent maintenance of the common areas/facilities by said entity shall be recorded prior to or contemporaneously with the plat.
(24) All easements known to the applicant, in effect at the time of platting, and created prior to the subdivision or development of any tract of land shall be shown on the subdivision plat or development plat with appropriate notations indicating the name of the holder of the easement, the purpose of the easement, the dimensions of the easement tied to all adjacent lot lines, street rights-of-way and plat boundary lines and the recording reference of the instruments creating and establishing the easement.
If an easement has not been defined by accurate survey dimensions, such as an "over and across" easement, the city's preference is that the easement be defined as to the limits and location of the easement through the property within the plat boundaries, and all easements shall be noted on the plat, including the name of the easement owner, the nature or type of easement, the location and width if described in the instrument creating the easement, and the deed and plat records recording information of the appropriate county, if applicable. Failure to define the easement area by survey dimensions shall not be a basis for rejection of the plat.
Additionally, for all undefined utility easements, the applicant shall accurately depict the centerline location of all existing pipelines or other utility facilities placed in conformance with the easement owners' rights on the subdivision or development plat.
(d) Reserved.
(e) Reserved.
(f) Certification and Forms. All declarations, agreements, bonds, releases and other instruments required by the City of San Antonio shall be substantially in the same form as the particular instruments set out in this exhibit. The following must appear on the plat:
(1) Surveyor's Certificate. A surveyor's certificate as follows:
STATE OF TEXAS COUNTY OF BEXAR
I hereby certify that the above plat conforms to the minimum standards set forth by the Texas Board of Professional Land Surveying according to an actual survey made on the ground by: _______[name]_______ Registered Professional Land Surveyor
(2) Engineer's certificate. An engineer's certificate is required in all cases except when the plat does not require engineering considerations.
STATE OF TEXAS COUNTY OF BEXAR
I hereby certify that proper engineering consideration has been given this plat to the matters of streets, lots and drainage layout. To the best of my knowledge this plat conforms to all requirements of the Unified Development Code, except for those variances granted by the San Antonio Planning Commission.
_____
Licensed Professional Engineer
(3) Owner's acknowledgment. If the owner authorizes an agent, he shall file a notarized letter to that effect.
STATE OF TEXAS COUNTY OF BEXAR
The owner of land shown on this plat, in person or through a duly authorized agent, dedicates to the use of the public, except areas identified as private or part of an enclave or planned unit development, forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed.
_____
Owner
_____
Duly Authorized Agent
STATE OF TEXAS COUNTY OF BEXAR
Before me, the undersigned authority on this day personally appeared ________ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated.
Given under my hand and seal of office this _____ day of _______, ___.
_____
Notary Public, State of Texas
(4) Form D: Approvals. Approval of the planning commission or the director of planning and development services as follows:
A. For minor plats and amending plats to be approved administratively:
This plat of (name) has been submitted to the City of San Antonio, Texas, and having been reviewed by the director of planning and development services, is hereby approved in accordance with state or local laws and regulations; and/or where administrative exception(s) have been granted.
Dated this _____ day of _______ A.D., ___.
BY: Director of Planning and Development Services
B. For all other plats:
This plat of (name) has been submitted to and considered by the Planning Commission of the City of San Antonio, Texas, is hereby approved by such commission in accordance with state or local laws and regulations; and/or where administrative exception(s) and/or variance(s) have been granted.
Dated this _____ day of _______ A.D., ___.
BY: Chairman
BY: Secretary
(5) Form E: Planning Commission Certificate.
CITY OF SAN ANTONIO PLANNING COMMISSION CERTIFICATE
This certificate is issued to _______ in accordance with V.T.C.A., Local Government Code Section 212.0115 and the San Antonio Unified Development Code for presentation to utility companies to obtain service.
[ ] The City of San Antonio has reviewed and approved the plat indicated below. Utility service may be provided after the plat is recorded with the County Clerk's Office.
[ ] A plat for the property described below has been reviewed and approved by the City of San Antonio or County Commissioners Court and recorded with the County Clerk's Office. Utility service may be provided.
[ ] A plat is not required for the property described below. Utility service may be provided abject to the conditions listed.
Plat:
Property:
Conditions:
Dated this _____ day of _______, ___.
By: _______ By:_______ Chairman Secretary
Issued by: _______
(6) Form F: Performance Agreement.
_______ Name
_______ Address
_______ City and Zip Code
I, _______ as _______ do hereby agree that if the proposed plat _______ (number and name) _______, filed by me is approved by the Planning Commission of the City of San Antonio, Texas, the Director of Development Services of the City may retain the plat in his possession without recording same for a maximum period of three (3) years from the date of plat approval, by which time I will have completed all site improvements and same will have been accepted by the City of San Antonio and County if Applicable, or until I have filed with the Finance Department for the City of San Antonio one (1) of the following forms guaranteeing that all such improvements will be constructed within three (3) years of the date of plat approval and shall be payable to the City of San Antonio. The form of the guarantee of performance shall be as follows:
(1) A performance bond, meeting the requirements set out in Chapter 35 of the City Code, and which will be substantially in the form set out in Exhibit B of Chapter 35, in an amount equal to the cost estimate, as approved by the Director of Development Services, of the uncompleted and unaccepted site improvements.
(2) An irrevocable trust agreement, meeting the requirements set out in Chapter 35 of the City Code and which will be substantially in the form set out in Appendix B to Chapter 35, in an amount equal to the cost estimate, as approved by the Director of Development Services, of the uncompleted and unaccepted site improvements.
(3) Cash or cashier's check in the full amount of the uncompleted and unaccepted site improvements deposited with the Director of Development Services.
(4) An irrevocable standby letter of credit drawable in the State of Texas on a federally insured commercial bank and meeting the requirements set forth in Chapter 35 of the City Code and which will be substantially in the form set out in Appendix B to Chapter 35, in an amount equal to the cost estimate, as approved by the Director of Development Services, of the uncompleted and unaccepted site improvements. The irrevocable letter of credit shall not expire prior to three (3) years and ninety (90) days from the date of plat approval.
In any event, I fully understand and agree that, in addition to the requirement for a performance bond, irrevocable trust agreement, irrevocable standby letter of credit, and/or cash or cashier's check deposit to guarantee completion and acceptance of the site improvements before the plat is recorded, as hereinbefore stated, I, the undersigned subdivider and my heirs, or assigns, successors, or subsequent purchasers having any right, title or interest in the property described as _______ or any part thereof, shall be liable to the City of San Antonio that all site improvements will be completed and, except for planned residential district bufferyards and public benefit features, accepted by the City within the time provided herein. However, should the completion of such site improvements be delayed by reason of strikes, riots, acts of God, acts of the public enemy, injunction or other court action, or any other cause similar to those enumerated beyond my control, I shall be entitled to an extension of time equal to the time of such delay, which extension of time is to be fixed finally by written certificate made by the Director of Development Services. It is expressly declared that no such allowance of time will be made unless claimed by me and allowed and certified in writing by the Director of Development Services at the end of each period of such delay.
I further fully understand and agree that periodically until the expiration of three (3) years from the date of plat approval, the Director of Development Services shall review the cost estimate to complete the uncompleted site improvements outstanding at that date to determine the adequacy of any performance guarantee. Should the Director of Development Services conclude that the sum set out in such performance guarantee is inadequate to provide for the completion of the uncompleted site improvements he shall require either a substitute or an additional guarantee to cover the newly estimated cost.
Should such necessary additional or substitute guarantee fail to be provided to the Director of Development Services within thirty (30) days of the request for same, I understand and agree that the Director of Public Works and Development Services shall refuse to accept a performance guarantee under any form which is related to the plat of a subdivision in which I have a principal or subsidiary interest. Such a plat once it has been approved by the Planning Commission may be recorded only in the manner prescribed in Chapter 35 of the City Code.
In addition, I further fully understand and agree that, if after the expiration of the time periods referred to herein, the site improvements have not been satisfactorily completed and accepted, the Director of Development Services shall refuse to accept a performance guarantee, under any form, which is related to a plat in which I have an interest.
In any event, I agree that approval of the plat shall expire after three (3) years from date of approval unless I have either had all site improvements accepted by the City and recorded the plat, or requested a time extension for plat recordation and provided an approved performance guarantee.
Executed this _____ day of _______, ___.
_______ Subdivider
By: _______
Title: _______
FORM F - EXHIBIT A
State of Texas X X County of Bexar X
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the recording of a plat requires either the completion of all site improvements and their acceptance by the City of San Antonio ("City"), a municipal corporation of the County of Bexar and the State of Texas, (and the County of Bexar, if applicable), or the execution of a Performance Agreement and the filing with the Finance Department for the City one (1) of the therein listed Performance Guarantees guaranteeing that such improvements will be constructed within three (3) years of the date of plat approval and is payable to the City; and
WHEREAS, I ___________, as ___________, have previously entered into such a Performance Agreement with the City, regarding the proposed plat (number and name) ___________, under which agreement the City agreed to record my plat before completion of all site improvements in exchange for my filing the above Agreement and Guarantee; and
WHEREAS, such Performance Agreement, dated ___/___/_______, is set to expire before all such site improvements have been constructed;
NOW THEREFORE, I fully understand and agree that the terms of such Agreement and Guarantee shall be extended until ___/___/_______, as permitted by the Planning Commission. In Witness Whereof, the parties have caused their representatives to set their hands this day ___/___/_______.
_____
Principal: _____ City:
_____
By: Title:
(7) Form G: Performance Agreement.
State of Texas X X County of Bexar X
Before me, the undersigned authority, a notary public for the State of Texas, on this day personally appeared _______, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office, this the _____ day of _______, ___.
_____
Notary Public in and for the State of Texas
(8) Form H: Performance Bond.
State of Texas X X County of Bexar X
Performance Bond
Known all men by these presents:
Subdivider: _______
Surety: _______
Surety's Texas Address for Demand: _______
Surety's Phone Number: _______
Bond Amount: _______
Subdivision Plat (No. and Name): _______
Date of Planning Commission Approval: _______
Site Improvements: _______
This Performance Bond is given to the City of San Antonio in satisfaction of the guarantee of performance requirements of Article 4 of the Unified Development Code of the City of San Antonio. The rights and obligations of Subdivider, Surety, and the City of San Antonio are governed by the terms and conditions set forth on Exhibit A, which is incorporated into this bond for all purposes as if fully set forth.
In Witness Whereof, the parties have caused their representatives to set their hands.
/Subdivider Name/a Texas corporation /Surety Name/, a Texas corporation
By: _______ By: _______
Printed Name: _______ Printed Name: _______
Title: _______ Printed Name: _______
Date: _______ Date: _______
Approved and accepted this _______ day of ________
City of San Antonio, a Texas municipal corporation
By: ___________
Printed Name: ___________
Title: ___________
Date: ___________
Approved as to form on behalf of City Attorney
(ATTACHMENT: Power of Attorney)
Exhibit A: Performance Bond Terms and Conditions
Whereas, the Subdivider petitioned the Planning Commission of the City of San Antonio for permission to develop a subdivision within the jurisdiction of the City;
Whereas, the Subdivision Plat, which shows the subdivision, was approved by the Planning Commission on the Date of Planning Commission Approval;
Whereas, the City's Unified Development Code ("UDC") requires that the site improvements ("Site Improvements") set out below be completed by Subdivider in conformance with the UDC within three years from the Date of Planning Commission Approval;
Whereas, the UDC requires that an approved subdivision plat may not be filed for record in the office of the county clerk until such Site Improvements have been completed and have been accepted by the City of San Antonio, or until there is provided to the City of San Antonio a guarantee of performance that such Site Improvements will have been completed and will have been accepted by the city within three years of the date on which the plat was approved; and
Whereas, the Subdivider has elected to provide to the City of San Antonio such a guarantee of performance in lieu of waiting to record the Subdivision Plat until all Site Improvements have been completed.
Now therefore, the Subdivider, as principal, and Surety, as surety, jointly and severally guarantee to the City of San Antonio, a municipal corporation of the County of Bexar and State of Texas ("City"), full payment of the Bond Amount if the required Site Improvements are not completed and accepted by City within three years of the Date of Planning Commission Approval or such extended deadline for performance as Subdivider may obtain in conformity with the UDC. Subdivider and Surety bind themselves and their respective heirs, administrators, executors, and assigns, jointly and severally, firmly to this bond.
If the Site Improvements are not timely completed, the City of San Antonio need only make written demand on the Surety at the Surety's Texas Address for Demand for City's estimate of the cost of completing the Site Improvements. The Demand cannot exceed the Bond Amount. If the City demands less than the full Bond Amount but is unable to complete the Site Improvements, it may make multiple draws until the Site Improvements are completed or until it has drawn the full Bond Amount. If upon completion of the Site Improvements City still has unspent Surety funds, City must refund the unspent funds to Surety.
Changes in the nature or extent of Site Improvements do not impair Surety's obligations, but nothing increases the Bond Amount without Surety's written consent.
If, within three years of the Date of Planning Commission Approval or such extended deadline for performance as Subdivider may obtain in conformity with the UDC, Subdivider constructs or causes to be constructed the Site Improvements according to the requirements of the UDC, then this obligation terminates. Otherwise the obligation under this bond remains in full force and effect.
(9) Form J: Irrevocable Trust Agreement.
City of San Antonio Irrevocable Trust Agreement Securing Subdivider's Performance of Development-Related Obligations.
This Irrevocable Trust Agreement is entered into among Subdivider, Trustee, and City as of the effective date stated below.
Subdivider:
Subdivider's Address:
Trustee Name and Texas Address: Irrevocable Trust Institution as defined by the Texas Finance Code, Title 3. Financial Institutions and Businesses, Subtitle F
Trustee's Phone Number:
City: City of San Antonio
City's Address: P.O. Box 839966, San Antonio, Texas 78283-3966 (Attention: Director, Development Services)
Irrevocable Trust Amount:
Irrevocable Trust Account Number:
Subdivision Name:
Plat No.:
County:
1. This is an Irrevocable Trust Agreement Securing Subdivider's Performance of Development-Related Obligations under the Unified Development Code of the City of San Antonio, Texas ("UDC"). The Terms and Conditions of Subdivider Irrevocable Trust Agreements ("Terms and Conditions") contained in the UDC are incorporated into this Agreement for all purposes as if fully set forth. A copy of the Terms and Conditions are attached for convenience, but in case of a conflict, the text of the UDC controls. If the terms and conditions contained in the UDC change during the pendency of this irrevocable trust, the terms and conditions in effect at the beginning of this trust continue to govern it unless all parties agree otherwise in writing.
2. Subdivider and Trustee each acknowledge receipt of the Terms and Conditions of Subdivider Trust Agreements contained in the UDC.
3. Subdivider has delivered to Trustee the Irrevocable Trust Amount in immediately available funds and U.S. currency. Trustee acknowledges receipt of the Irrevocable Trust Amount in immediately available funds and U.S. currency and accepts the obligations of this Irrevocable Trust as set out in the Terms and Conditions of Subdivider Irrevocable Trust Agreements contained in the UDC.
In Witness Whereof, the parties have caused their representatives to set their hands to be effective as of the following effective date:
City of San Antonio,___________/Subdivider, a Texas municipal corporation
By: ___________ By: ___________
Printed Name: ___________ Printed Name: ___________
Title: ___________ Title: ___________
Approved as to Form:
___________
City Attorney's Office
/Trustee/,
a "Trust Institution" as defined by the Texas Finance Code, Title 3. Financial Institutions and Businesses, Subtitle F
By: ___________
Printed Name: ___________
Title: ___________
Terms and Conditions of Subdivider Irrevocable Trust Agreements
1. Scope of Terms and Conditions.
These terms and conditions govern all Irrevocable Trust Agreements Securing Subdivider's Performance of Development-Related Obligations that are entered into under the Unified Development Code of the City of San Antonio, Texas.
2. Subdivider Undertaking.
Subdivider pledges to City to fulfill its infrastructure-related obligations arising from the Subdivision independently of this Irrevocable Trust. This Trust is merely intended to secure Subdivider's obligations, not replace or satisfy them.
3. Irrevocable Trust, Withdrawals.
Trustee must hold the Irrevocable Trust Amount in trust for City to secure Subdivider's infrastructure-related obligations arising from the Subdivision. All withdrawals must be approved by the Director of Development Services, and may be withdrawn as follows:
By Subdivider:
Subdivider may withdraw from the Irrevocable Trust Amount when 50% or more of the remaining cost estimate has been completed and approved in writing by the Director of Development Services. The Director of Development Services shall not approve any withdrawal until subdivider delivers an engineer's certification, from a licensed engineer in the state of Texas, attesting to the accuracy of the dollar amounts of the construction cost of the remaining improvements. Subdivider may not withdraw more than four times (not to include a one time substitution approved by the director of development services upon the granting of a time extension) during the life of the irrevocable trust. In no event shall the amount of the trust be less than twenty (20) percent of the total amount of the original cost estimate until all improvements have been completed and approved.
To make a withdrawal, Subdivider must deliver to Trustee a Draw Request Form signed by the Subdivider and Director of Development Services acknowledging completion of some or all of Subdivider's infrastructure-related obligations. Draw Request Forms shall be substantially in the same form as Form V in Appendix B of the Unified Development Code. Developer's and City's acknowledgment must state the dollar value of the completed infrastructure-related obligations.
By City:
City may withdraw from the Irrevocable Trust Amount to complete Subdivider's infrastructure-related obligations if Subdivider has failed to timely fulfill those obligations. Trustee must honor any attempted draw by the City if the draw is in writing and represents to the Trustee that Developer has failed or refused, or anticipatorily breached its obligation, to timely complete its infrastructure-related obligations arising from the Subdivision. City may withdraw as much as is reasonably necessary to fulfill Subdivider's infrastructure-related obligations arising from the Subdivision. City may make multiple draws. Draw Request Forms shall be substantially in the same form as Form W in Appendix B of the Unified Development Code.
4. Accounting by City.
If City withdraws any part of the Irrevocable Trust Amount, within 60 days of completing Subdivider's infrastructure-related obligations arising from the Subdivision, City must deliver to Subdivider an accounting of the money spent. Subdivider acknowledges that the statutory formalities applicable to contracting by City may make the City's cost of completion higher than that Subdivider would have incurred had it completed the work itself.
5. Federal Deposit Insurance.
Trustee must keep the Irrevocable Trust Amount in an interest-bearing account or accounts at federally-insured commercial bank or banks. Trustee must spread the Trust Amount over as many different institutions as necessary to assure the entire Irrevocable Trust Amount is covered by federal deposit insurance.
6. Termination of Irrevocable Trust.
This Irrevocable Trust Agreement terminates only when the City delivers a written release of trust to Trustee, with a copy to Subdivider. City has 45 days after engineering certification, including seal, of completion of Subdivider's infrastructure-related obligations arising from the Subdivision in which to deliver a written release of the trust. If City fails to do so timely, Subdivider may sue for a release of the irrevocable trust.
7. Interpleader.
If Trustee is joined as a party to a lawsuit arising out of this Irrevocable Trust, Trustee may interplead the funds remaining in Trust with any court of competent jurisdiction in Bexar County, Texas. Upon so doing, Trustee is absolved of liability both to City and to Subdivider for all sums interpleaded and for all sums previously paid to City under this Agreement. Upon depositing the funds into the court registry pursuant to an interpleader, Trustee is entitled to recover from the sums deposited its reasonable and necessary attorneys fees actually incurred in making the interpleader.
8. Integration.
Subdivider may contract separately with Trustee regarding all aspects of this trust relationship not covered by this agreement, including Trustee's fees and any indemnity Trustee may wish to be provided, but no such agreements may contradict this Agreement or impair the city's rights under it. This Agreement is a fully integrated statement of City's rights as to Trustee and Subdivider. There are no oral or other written agreements to which City is a party governing the terms of this irrevocable trust. Without limiting the generality of the above, City need not pay any fee to Trustee, and City cannot lawfully, and will not, indemnify Trustee in any respect.
9. Public Information.
All parties acknowledge that this instrument is public information within the meaning of Chapter 552 of the Texas Government Code and accordingly may be disclosed to the public. Nothing in this agreement waives an otherwise applicable exception to disclosure.
10. Prohibited Interests in Contracts.
10.01. The Charter of the City of San Antonio and its Ethics Code prohibit a City officer or employee, as defined in Section 2-52 of the Ethics Code, from having a financial interest in any contract with the City or any City agency such as city owned utilities. An officer or employee has a "prohibited financial interest" in a contract with the City or in the sale to the City of land, materials, supplies or service, if any of the following individual(s) or entities is a party to the contract or sale:
(i) a City officer or employee;
(ii) his parent, child or spouse;
(iii) a business entity in which the officer or employee, or his parent, child or spouse owns (i) 10% or more of the voting stock or shares of the business entity, or (ii) 10% or more of the fair market value of the business entity;
(iv) a business entity in which any individual or entity above listed is a (i) subcontractor on a City contract, (ii) a partner, or (iii) a parent or subsidiary business entity.
10.02. Subdivider and Trustee each warrant and certify as follows:
(i) They and their respective officers, employees and agents are neither officers nor employees of the City.
(ii) They have tendered to the City a Discretionary Contracts Disclosure Statement in compliance with the City's Ethics Code.
10.03. Subdivider and Trustee acknowledge that City's reliance on the above warranties and certifications is reasonable.
(9) Form J-1: Irrevocable Trust Agreement Draw Request Form (Subdivider).
Draw Request Form (Subdivider)
Date: ________ Plat No. ________
Subdivider's Name:
Address:
Phone Number:
Trustees' Name:
Address:
Phone Number:
Escrow Total (Start of Trust): _______ 20% Reserve Amount: _______
Escrow Total (Current): _______ Total Request for this Draw: _______
Construction Item Previous Draw Totals/Amounts Request for this Draw
_______ _______ _______
_______ _______ _______
_______ _______ _______
I hereby certify that all the information stated herein is true and accurate, and is based on construction costs bearing the signature and seal of a licensed engineer in the state of Texas (original cost estimate and cost estimate for remaining work attached). This draw request is submitted for reimbursement of funds. All completed work has been done in accordance with the standards and procedures outlined in the City of San Antonio Unified Development Code. I understand that I cannot obtain additional monies from the trust escrow account without the approval of the Director of Development Services, and that approval of any work completed does not constitute acceptance of any improvements. I also understand that a 20% reserve based on the original certified estimate will not be released until all work is complete and approved by the Director of Development Services (and County Engineer if located in the Extra Territorial Jurisdiction).
Subdivider's Signature ___________
Print Name:
Title:
Date:
State of Texas X X County of Bexar X
Before me, a notary public for the State of Texas, personally appeared ___________, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct on this the ________ day of ________, 20___.
_____
Notary Public in and for the State of Texas
My commission expires: _______
The property that is the subject of this trust escrow account was inspected on ________ (date). The draw amount is acceptable and approved.
City of San Antonio Signature _______ Date _______
Print Name:
Title:
(9) Form J-2: Draw Request Form (City)
Draw Request Form (City)
Date: ________ Plat No. ________
Subdivider's Name:
Address:
Phone Number:
Trustees' Name:
Escrow Total (Start of Irrevocable Trust): _______ 20% Reserve Amount: _______
Escrow Total (Current): _______
Total Request for this Draw: _______
Construction Items to be completed Request for this Draw
_______ _______ _______
_______ _______ _______
_______ _______ _______
This draw request is submitted to Trustee for release of funds associated with the plat number indicated above. The subdivider named above has failed, refused, or anticipatorily breached its obligation to timely complete its infrastructure related obligations arising from the subdivision of the plat identified above.
City of San Antonio Signature ___________ Date ___________
Print Name:
Title:
(10) Form K: Irrevocable Letter of Credit.
Irrevocable Standby Letter of Credit
No. ________
Date: ________
Expiration Date: ________
Beneficiary:
City of San Antonio
City Hall
P.O. Box 839966
San Antonio, TX 78283-3966
Applicant: _______
Applicant Name: _______
Applicant Address: _______
City, State, Zip, Country
Plat No. _______ Plat Approval Date: _______
To City of San Antonio:
We hereby issue our Irrevocable Standby Letter of Credit No. _______ in your favor up to the aggregate amount of U.S. $ ________ (________ and _______/100 U.S. Dollars) ("Stated Amount") available by draft(s) drawn on us at sight, marked "Drawn under Irrevocable Standby Letter of Credit No. _______ of (Bank Name), San Antonio, Texas" accompanied by the following:
Beneficiary's written statement purportedly signed by its City Manager, the Director of Development Services, or their authorized representative reading as follows: "The undersigned is an authorized representative of the City of San Antonio (hereinafter "Beneficiary") and has the authority to make the following statement: Beneficiary hereby certifies that the funds drawn under this letter of credit are drawn in accordance with City of San Antonio Unified Development Code and associated provisions regarding performance guarantees of site improvements."
Partial Drawings are permitted however the aggregate amount of all drawings may not exceed the Stated Amount.
This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument or agreement referred to herein or to which this letter of credit relates unless agreed to in writing by (Bank Name) and the City of San Antonio. Notwithstanding the above, the amount available under this Letter of Credit may be increased or decreased by amendment, or by a replacement Letter of Credit that meets all of the Beneficiary's criteria.
Except as expressly stated herein, this undertaking is not subject to any agreement, condition or qualification. The obligation of (Bank Name) under this Irrevocable Letter of Credit is the individual obligation of (Bank Name), and is in no way contingent upon reimbursement by applicant with respect thereto.
We hereby engage with you that documents drawn under and in compliance with the terms of this Irrevocable Standby Letter of Credit will be duly honored if presented for payment to (Bank Name), (Physical Address of Bank) on or before the expiration date of this Letter of Credit.
This Letter of Credit is subject to the most recent version of International Standby Practices 1998, International Chamber of Commerce Publication No. 590 ("ISP98"), and as to matters not addressed by ISP98, is subject to and governed by the laws of the state of Texas and the applicable laws of the United States.
Bank Name ___________ (Authorized bank signature)
Print: ___________
Title: ___________
Attest:
By: ___________
Print: ___________
Title: ___________
Approved as to form: ___________
City Attorney's Office
(11) Form L: Release of Obligations under Performance Agreement.
Upon Release Send to: _______ Name _______ Address _______ City and Zip Code _______
Dated _______
For _______ (subdivision, plat number)
State of Texas X X County of Bexar X
Know all men by these presents, that the City of San Antonio, a municipal corporation, by _______, its Director of Planning and Development Services, does hereby release _______, his heirs, and assigns, successors, or subsequent purchasers having any right, title or interest in the property described as _______(name and plat number)_______, from any and all obligations incurred under the performance agreement executed _______, concerning the construction of site improvements on the property known as (name and plat number)
Executed this _____ day of _______, ___.
(12) Form M: Vacating Declaration.
Name
_______ Address
_______ City and Zip Code
State of Texas X X County of Bexar X
Vacating declaration for _______ Subdivision, plat number _______. Know all men by these presents that I (we), the undersigned, hereby acknowledge that I am (we are) the owner(s)/proprietor(s) of all the lots embraced by plat number _______ known as _______, (a copy of which is attached hereto), approved by the City of San Antonio on _______, and recorded in Volume _______, Page _______, _______ County Deed and Plat Records.
In accordance with V.T.C.A, Local Government Code Section 212.013 and the San Antonio Unified Development Code, the undersigned hereby declare(s) such plat (or portion of such plat as described below) known as _______, plat number _______, to be vacated. (If only a portion of the plat is being vacated, describe the area being vacated.)
It is the intent of the undersigned to nullify the force and effect of the recordation of the above referenced plat (or the portion described of the above referenced plat) by filing this vacation instrument in the _______ County Deed and Plat Records and to cause the County Clerk to write the word "vacated" in plain, legible letters across the plat (or portion of the plat) so vacated.
Executed this _____ day of _______, ___.
By: _______
Owner
Owner's Duly Authorized Agent
Title: _______
State of Texas X X County of Bexar X
Before me, the undersigned authority, a notary public for the State of Texas, on this day personally appeared _______ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office, this the _____ day of _______, ___.
_____
Notary Public in and for the State of Texas
My commission expires: _______
(There shall be a signature space for each proprietor; there shall be an acknowledgment for each signature; if there is more than one (1) page, the pages shall be numbered page _______ of _______ (Vacating Declaration for _______ Subdivision Plat)).
This vacating declaration for _______ Subdivision Plat, plat number _______, submitted to and considered by the City of San Antonio, is hereby approved.
Dated _____ day of _______, A.D., ___.
By: _______ Planning Commission Chairman
By: _______ Planning Commission Secretary
or
By: _______ Director of Planning and Development Services
(13) Form N: Plat Deferral Affidavit.
STATE OF TEXAS ) COUNTY OF BEXAR )
Before me, the undersigned authority, on this day personally appeared _______, known to me to be the person whose name is subscribed hereto, and being by me first duly sworn, did upon his oath depose and say the following:
(1) My name is ________ and I am the owner/agent of and/or corporate representative for of the property located at _______.
(2) I have applied to the Planning Commission for a plat deferral in accordance with the City of San Antonio Unified Development Code to obtain a building permit and/or utilities prior to platting/replatting the above described property.
(3) I fully understand that the granting of a plat deferral by the City of San Antonio Planning Commission is predicated upon certain conditions, one (1) of which is the execution of this affidavit prior to the consideration of the request.
(4) I fully understand that the granting of a plat deferral by the City of San Antonio Planning Commission does not in any way relieve me from the requirements of the City of San Antonio Unified Development Code relative to the above described property and I agree to cause a plat of the property to be filed with the Planning Commission within 180 days of the plat deferral approval date.
(5) I fully understand and acknowledge the risks, including financial risks, accompanying the construction of _______ prior to the platting/replatting of the above-described property.
(6) I hereby waive any rights to assert a claim or cause of action against the City of San Antonio (including the City acting by and through CPS Energy) now or in the future in connection with the granting of this plat deferral.
(7) I hereby acknowledge that the above described property or any rights therein shall not be assigned, conveyed, sold, or otherwise hypothecated prior to the platting/ replatting of the property.
(8) I fully understand and acknowledge that if the subdivision plat is not formally filed with the Planning Commission within 180 days of the plat deferral approval date and considered within 30 days thereafter, the Commission may, upon reasonable notice as provided in its procedures, authorize termination of utility service and/or revoke the building permit to the property until such time the property is platted in accordance with the Unified Development Code.
(9) The above notwithstanding, I hereby agree to indemnify and save harmless the City of San Antonio (including the City acting by and through the CPS Energy) from any and all claims, suits, demands, damages, responsibilities, and expenses (including attorneys fees and court costs) and from liabilities of every kind and character incurred, known or unknown, existing now or hereinafter arising from, or in any way connected with the granting of a plat deferral by the City of San Antonio Planning Commission in accordance with the Unified Development Code to obtain a building permit and/or utility connection prior to platting of the above described property.
BY: _______
Title _______
Sworn to an subscribed before me by ________ on this the _____ day of _______, ___, to certify which witness by hand and seal of office.
_____
Notary Public, State of Texas
My commission expires: _______
(14) Form O: Replat Certification (For areas limited by zoning or deed restrictions to single or duplex family residential use).
State of Texas X X County of Bexar X
The area being replatted was previously platted on plat (name and number) which is recorded in volume _______, page _______, (name) County plat and deed records. The San Antonio Planning Commission at its meeting of (date) held a public hearing which involved notification on the proposed replatting of this property.
I (we), the owner(s) of the property shown on this replat hereby certify that this replat does not amend or remove any covenants or restrictions.
_______ Owner
_____
Owner's duly authorized agent
Sworn and subscribed before me this the _____ day of _______, ___.
_____
Notary Public in and for the State of Texas
My commission expires: _______.
(15) Form P: Replat Certification (For areas not limited by zoning or deed restrictions to single or duplex family residential use).
State of Texas X X County of Bexar X
The area being replatted was previously platted on plat (name and number) which is recorded in volume _______, page _______, (name) County plat and deed records.
I (we), the owner(s) of the property shown on this replat hereby certify that this replat does not amend or remove any covenants or restrictions. I (we) further certify that no portion of this replat was limited during the preceding five (5) years by an interim or permanent zoning district to residential use for not more than two (2) residential units per lot, or that any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.
_____
Owner
Owner's duly authorized agent
Sworn and subscribed before me this the _____ day of _______, ___.
_____
Notary Public in and for the State of Texas
My commission expires: _______.
(16) Form Q: Replat Certification (For areas designated or reserved for other than single or duplex family residential use).
State of Texas X X County of Bexar X
The area being replatted was previously platted on plat (name and number) which is recorded in volume _______, page _______, (name) County plat and deed records.
I (we), the owner(s) of the property shown on this replat hereby certify that this replat does not amend or remove any covenants or restrictions. I (we) further certify that the area of this replat was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
_______ Owner
_____
Owner's duly authorized agent
Sworn and subscribed before me this the _____ day of _______, ___.
_____
Notary Public in and for the State of Texas
My commission expires: _______.
(17) Form R: Regional Stormwater Management participation form.
REGIONAL STORMWATER MANAGEMENT PARTICIPATION FORM
Date: _______
Name of Site: _______
Address of Site: _______
Watershed: _______
Type of Development: _______
Acreage of Participation: _______
Owner/Developer: _______
Engineer/Contact: _______
Firm: _______ Phone: _______
Master Development Plan File Number: _______
Plat No.: _______
Cost Per Acre: _______
Total Cost: _______
I am the owner(s), or an agent of the owner, authorized to execute this acknowledgement, of the above described property. It is acknowledged that the proposed development of the property will impact the above noted watershed and that said development falls under the provisions of Ordinance No. 86711 passed and approved the 25th day of September, 1997. Further, it is acknowledged that I have elected to pay a stormwater development fee, in the applicable amount as set out in the current fee schedule, in lieu of constructing on-site facilities.
___________ OWNER
It is acknowledged that the stormwater development fee for development of property, as described above, is hereby accepted. It is further acknowledged that said fee shall be placed into the Regional Stormwater Management Program account and shall be used solely in the manner prescribed in Ordinance No. 86711 passed and approved the 25th day of September, 1997.
___________ CITY
(18) Form S: Street Right-of Way Dedication within the ETJ.
STREET RIGHT-OF-WAY DEDICATION WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SAN ANTONIO
DATE: ___________
GRANTOR(S): _____
GRANTOR'S MAILING ADDRESS: _____
STREET _____
CITY, STATE, ZIP CODE _____
TRUSTEE: COUNTY OF BEXAR, TEXAS 100 DOLOROSA SAN ANTONIO, TEXAS 78205
Should the property made the subject of this instrument be annexed or otherwise incorporated into the city limits of the City of San Antonio, the trustee shall be the City of San Antonio.
CONSIDERATION: EXEMPTION FROM PLATTING REQUIREMENTS TO SHOW RIGHT-OF-WAY DEDICATION AS OTHERWISE REQUIRED BY THE CITY CODE OF THE CITY OF SAN ANTONIO.
Grantor, for and in consideration of the consideration as stated above, dedicates to the use of the public the property as described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, for all public street right-of-way uses. Grantor does hereby bind Grantor and all of Grantor's heirs, assigns and successors to warrant and forever defend all and singular such property unto the Grantee against every person or entity claiming the same or any part thereof, by, through and under Grantor, but not otherwise. Grantor further acknowledges and accepts for such consideration the responsibility for the maintenance and safety and all costs related thereto of such property until such time as it actually is used for a public street right-of-way purpose.
If no reasonable progress towards the utilization of the property for a public street right-of-way is made within twenty (20) years from the filing date of this instrument, this instrument and its dedication of such property for a public street right-of-way use shall be void.
When the context requires, singular nouns and pronouns include the plural.
___________ GRANTOR
STATE OF TEXAS COUNTY OF BEXAR
This instrument was acknowledged before me this _____ day of _______ in the year ___, by grantor(s) _____ .
_____
Notary Public — State of Texas
This dedication instrument has been submitted to and considered by the Planning Commission of the City of San Antonio, Texas and is hereby approved by such Commission.
Dated this _____ day of _______ in the year ___
BY ___________ CHAIRMAN
BY ___________ SECRETARY
(19) Form T: Warranty Bond.
Warranty Bond
State of Texas X X County of Bexar X
KNOW ALL MEN BY THESE PRESENTS:
THAT ___________ as Principal, and ___________, a corporation organized under the laws of ___________, as Surety, do hereby expressly acknowledge themselves to be held and firmly bound to pay unto the City of San Antonio, a municipal corporation of the County of Bexar and the State of Texas, the sum of ________ dollars ($ ________), for the payment of which sum will truly be made unto said City of San Antonio, and its successors, and said Principal and Surety do hereby bind themselves, their heirs, administrators, executors, assigns and successors jointly and severally firmly by these presents.
Principal has agreed to build and construct (name/number of plat), and the associated improvements, in conformance with the standards established by the San Antonio Unified Development Code and both of which are hereby expressly made a part of this bond as though the same were written embodied herein.
WHEREAS, under the San Antonio Unified Development Code, it is provided that the Principal, as subdivider, will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of one (1) year from the date of the acceptance of said work (or longer as required by other City Ordinance, such as for Tax Increment Financing), and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the subdivider. It is understood that the purpose of this section is to cover all defective conditions arising by reason of defective material, labor or workmanship, and charge the same against the Principal, as subdivider, and Surety on this obligation and that both Principal and Surety shall be subject to liquidation damages for each day's failure to correct any defective conditions. Now, therefore, if the Principal shall keep and perform by maintaining said work and keep the same in repair for the maintenance period of one (1) year (or longer as required by other City Ordinance), as provided, then this bond shall be null and void and have no further effect, but if default shall be made by the Principal in the performance of its duty to so maintain and repair said work, then this bond shall have full force and effect, and the City of San Antonio shall have and recover from the Principal and Surety damages resulting from such condition; and it is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be made until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time.
Principal and Surety both acknowledge that this agreement is entered into in San Antonio, Bexar County, State of Texas. The construction of this agreement and the rights remedies, and obligations arising there under are governed by the laws of the State of Texas. Both Principal and Surety hereby agree that the Texas conflicts of law rules do not control this agreement and will not be used to cause the application of the laws of a jurisdiction other than the State of Texas. The obligations performable by both Principal and Surety are performable in San Antonio, Bexar County, Texas.
Additionally, Surety agrees that the City of San Antonio will satisfy any legal or contractual requirements arising from or in connection with this performance bond by directing such action to the Texas office listed below. Surety shall not waive or amend this office without the prior consent in writing of the City of San Antonio.
IN WITNESS WHEREOF, said Principal has caused this bond to be executed and Surety has caused this bond to be executed by its attorney in fact and said attorney in fact, (print name), has hereunto set his or her hand, the _______ day of ________, 20 ___.
Name of Principal Name of Surety
By (print name) By (print name)
Title _______ Title _______
Address _______ Address _______
Phone _______ Phone _______
The name, address and phone number of the Resident Agent of Surety is: (must be Texas office)
*Power of Attorney attached
NOTE: Date of Maintenance Bond shall not be prior to date of acceptance of the improvements
(20) Form U: Draft for Irrevocable Letter of Credit.
DRAFT
SIGHT: _______ DATE: _______
PAY TO THE ORDER OF CITY OF SAN ANTONIO $_______(AMOUNT IN FIGURES)
(AMOUNT IN WORDS) _______ UNITED STATES DOLLARS
DRAWEE: _______ DRAWER: _______
(Bank Name) _______ CITY OF SAN ANTONIO
(Address)
"DRAWN UNDER IRREVOCABLE STANDBY LETTER OF CREDIT
NO. _______ OF (Bank Name)"._______ Authorized Signature
NOTE: THE ORIGINAL OF THE ABOVE DRAFT MUST BE ENDORSED ON THE REVERSE SIDE AS FOLLOWS:
CITY OF SAN ANTONIO ___________ Authorized Signature
(21) Form V: Draft for Cash or Cashier's Check Warranty Deposit.
State of Texas X X Know all men by these present
County of Bexar X
Cash Warranty Deposit
Subdivider's Texas Address For Notice ("Address"):
Deposit Amount:
Subdivision Plat (No. and Name):
Site Improvements (Streets, Drainage, Sidewalks):
This Cash or Cashier's Check Warranty Deposit is given to the City of San Antonio in satisfaction of the warranty requirements of Article 5 of the Unified Development Code of the City of San Antonio. The rights and obligations of Subdivider and the City of San Antonio are governed by the terms and conditions set forth on Exhibit A, which is incorporated into this deposit for all purposes as if fully set forth.
In Witness Whereof, the parties have caused their representatives to set their hands.
/Subdivider Name/, a corporation | City of Antonio, a Texas municipal corporation
By: _____ | By: _____
Printed Name: _____ | Printed Name: _____
Title: _____ | Title: _____
Date: _____ | Date: _____
* Warranty Start Date:
Warranty End Date:
* Warranty period shall begin on the date the plat is recorded or the date of preliminary field approval of the improvements, whichever is later in time.
Exhibit A: Cash or Cashier's Check Warranty Deposit Terms and Conditions
Whereas, the UDC requires that Site Improvements inspected as complete by the City of San Antonio, a municipal corporation of the County of Bexar and State of Texas ("City") be guaranteed to remain in good repair and to remain in compliance with the UDC for a period of one year after the date of City's Warranty Start Date.
Whereas, the UDC further requires that Subdivider post security to provide assurance to the City that Subdivider's guarantee will be honored.
Whereas, the Subdivider has elected to provide such assurance to the City in the form of a cash deposit or Cashier's Check in the Deposit Amount.
Now therefore, Subdivider posts the Deposit Amount with City as security for Subdivider's guarantee that the required Site Improvements will remain in good repair and condition in accordance with the Plans and the then current regulations of the City of San Antonio applicable to the Site Improvements (collectively, the "Applicable Requirements") for one (1) year from the Warranty Start Date, which shall be the date the plat is recorded or the date of preliminary field approval of the Site Improvements, whichever is later in time ("Warranty Period").
If the City determines that the Site Improvements need maintenance or repair to conform with the Applicable Requirements within the Warranty Period, City shall notify Subdivider at the Address specifying such required repairs and provide the City's estimate of the cost of such required maintenance or repairs. If Subdivider fails to commence such repairs within thirty (30) days after receipt of such notice or fails to diligently pursue and complete such repairs, City may make or provide for the maintenance or repairs and recover the cost from the Deposit Amount. City may make multiple draws until all necessary maintenance or repairs are completed or until it has drawn the full Deposit Amount. If the Deposit Amount has not been fully spent, City must refund the unspent portion of the Deposit Amount to Subdivider at the completion of the Warranty Period within thirty days.
Subdivider shall immediately notify City of any change to the Address, and such notice shall be directed to the Director of Development Services, P.O. Box 839966, San Antonio, Texas 78283.
Subdivider may contract separately with outside entities regarding aspects of this Cash or Cashier's Check Warranty Deposit not covered by this document but no such agreement may contradict this Cash Warranty Deposit or impair the City's rights under it. This document is a fully integrated statement of City's rights as to Subdivider and the Deposit Amount. There are no oral or other written agreements to which City is a party governing the terms of this Cash or Cashier's Check Warranty Deposit.
(22) Form V-1: Cash/Cashier's Check Warranty Deposit Acknowledgement.
CASH/CASHIER'S CHECK WARRANTY DEPOSIT ACKNOWLEDGEMENT
The undersigned hereby acknowledges and agrees that a _______ (cash deposit, cashier's check) in the amount of $ _______, submitted on _______ (dd/mm/yyyy) by the Undersigned to the City of San Antonio in accordance with §501(h)(3) of Chapter 35 of the City of San Antonio Code of Ordinances ("UDC"), is intended solely as a warranty deposit for Plat ___________ (number and name), filed with the City of San Antonio on _______ (date filed), in fulfillment of the Developer/Subdivider's obligations under that Section.
The undersigned further acknowledges and agrees that this warranty deposit will be governed by all applicable sections of the UDC, and will operate solely as a maintenance guarantee for the required site improvements by ___________ (Developer/Subdivider), as indicated on Plat ___________ (number and name), and will only be released to ___________ (Developer/Subdivider), or their designated agent in accordance with UDC §§35-501(h) and 35-B121(f)(21), and that notwithstanding any agreements between the Undersigned and ___________ (Developer/Subdivider), neither the Undersigned nor any other third parties shall have any interest in this warranty deposit, per UDC §§35-501(h) and 35-B121(f)(21).
In Witness Whereof, the parties have caused their representatives to set their hands.
Undersigned ___________ City of Antonio, a Texas municipal corporation
By: ___________ By: ___________
Printed Name: ___________ Printed Name: ___________
Company Name: ___________ Title: ___________
Date: ___________ Date: ___________
(23) Form W: Draft for Cash or Cashier's Check Performance Deposit.
State of Texas X X Know all men by these present
County of Bexar X
Cash or Cashier's Check Performance Deposit
Subdivider's Texas Address For Notice ("Address"):
Deposit Amount:
Date of Planning Commission Approval:
Subdivision Plat (No. and Name):
Site Improvements:
This Cash or Cashier's Check Performance Deposit is given to the City of San Antonio in satisfaction of the Performance requirements of Article 4 of the Unified Development Code of the City of San Antonio. The rights and obligations of Subdivider and the City of San Antonio are governed by the terms and conditions set forth on Exhibit A, which is incorporated into this deposit agreement for all purposes as if fully set forth.
In Witness Whereof, the parties have caused their representatives to set their hands.
/Subdivider Name/, a corporation | City of Antonio, a Texas municipal corporation
By: _____ | By: _____
Printed Name: _____ | Printed Name: _____
Title: _____ | Title: _____
Date: _____ | Date: _____
Exhibit A: Cash or Cashier's Check Performance Deposit Terms and Conditions
Whereas, the Subdivider petitioned the Planning Commission of the City of San Antonio for permission to develop a subdivision within the jurisdiction of the City;
Whereas, the Subdivision Plat, which shows the subdivision, was approved by the Planning Commission on the Date of Planning Commission Approval;
Whereas, the City's Unified Development Code ("UDC") requires that the site improvements ("Site Improvements") be completed by Subdivider in conformance with the UDC within three years from the Date of Planning Commission Approval;
Whereas, the UDC requires that an approved subdivision plat may not be filed for record in the office of the county clerk until such Site Improvements have been completed and have been accepted by the City of San Antonio, or until there is provided to the City of San Antonio a guarantee of performance that such Site Improvements will have been completed and will have been accepted by the city within three years of the date on which the plat was approved; and
Whereas, the Subdivider has elected to provide to the City of San Antonio such a guarantee of performance in lieu of waiting to record the Subdivision Plat until all Site Improvements have been completed.
Now therefore, Subdivider posts the Deposit Amount with City as security for Subdivider's guarantee that the required Site Improvements shall be completed and (if applicable) accepted by City within three years of the Date of Planning Commission Approval or such extended deadline for performance as Subdivider may obtain in conformity with the UDC.
If the Site Improvements are not timely completed, City may make or provide for the completion of the Site Improvements utilizing the Deposit Amount. City shall notify Subdivider at the Address and provide the City's estimate of the cost of completion. Subdivider acknowledges that the statutory formalities applicable to contracting by City may make the City's cost of completion higher than what Subdivider would have incurred had it completed the work itself. City may make multiple draws until all necessary maintenance or repairs are completed or until it has drawn the full Deposit Amount. If upon completion of the Site Improvements City still has unspent Deposit Amount funds, City must refund the unspent funds to Subdivider. Changes in the nature or extent of Site Improvements do not impair Subdivider's obligations, but nothing increases the Bond Amount without Subdivider's written consent.
If, within three years of the Date of Planning Commission Approval or such extended deadline for performance as Subdivider may obtain in conformity with the UDC, Subdivider constructs or causes to be constructed the Site Improvements according to the requirements of the UDC, then this obligation terminates and unspent funds shall be returned to Subdivider. Otherwise the obligation under this deposit remains in full force and effect.
Subdivider shall immediately notify City of any change to the Address, and such notice shall be directed to the Director of Development Services, P.O. Box 839966, San Antonio, Texas, 78283.
Subdivider may contract separately with outside entities regarding aspects of this Cash or Cashier's Check Performance Deposit not covered by this document but no such agreement may contradict this Cash or Cashier's Check Performance Deposit agreement or impair the City's rights under it. This document is a fully integrated statement of City's rights as to Subdivider and the Deposit Amount. There are no oral or other written agreements to which City is a party governing the terms of this Cash or Cashier's Check Performance Deposit.
(24) Form W-1: Cash/Cashier's Check Performance Deposit Acknowledgement.
CASH/CASHIER'S CHECK PERFORMANCE DEPOSIT ACKNOWLEDGEMENT
The undersigned hereby acknowledges and agrees that a _______ (cash deposit, cashier's check) in the amount of $___________, submitted on _______ (dd/mm/yyyy) by the Undersigned to the City of San Antonio in accordance with §437(a) of Chapter 35 of the City of San Antonio Code of Ordinances ("UDC"), is intended solely as a performance deposit for Plat ___________ (number and name), filed with the City of San Antonio on _______ (date filed), in fulfillment of the Developer/Subdivider/Applicant's obligations under that Section.
The undersigned further acknowledges and agrees that this performance deposit will be governed by all applicable sections of the UDC, and will operate solely as a guarantee for performance of required site improvements by ___________ (Developer/Subdivider/Applicant), as indicated on Plat ___________ (number and name), and will only be released to ___________ (Developer/Subdivider/Applicant), or their designated agent in accordance with UDC §§35-437(d) and 35-B121(f)(22), and that notwithstanding any agreements between the Undersigned and ___________ (Developer/Subdivider/Applicant), neither the Undersigned nor any other third parties shall have any interest in this performance deposit, per UDC §§35-437(f) and 35-B121(f)(22).
In Witness Whereof, the parties have caused their representatives to set their hands.
Undersigned _____ | City of Antonio, a Texas municipal corporation
By: _____ | By: _____
Printed Name: _____ | Printed Name: _____
Company Name: _____ | Title: _____
Date: _____ | Date: _____
(25) Form X: Legal Declaration: Subdivision Common Areas and Facilities.
[image omitted; see the official code] | City of San Antonio Development Services Department Land Entitlements Section | FORM X LEGAL DECLARATION: SUBDIVISION COMMON AREAS AND FACILITIES
For: _____ Subdivision Plat #: ___________
THE STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared___________ who, being duly sworn by me, deposes and says:
(1) That my name is ___________ and that I am ___________ of ___________ the entity that owns the real property described below, hereinafter referred to as the "Property".
(2) That the property is identified by the following legal description (which should match the plat filing):
_____
_____
_____
_____
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(3) That ___________ is the "Declarant" of the Property and declares that the Property shall be held, sold and conveyed subject to restrictions, covenants, and conditions which shall be deemed to be covenants with the land and imposed to benefit and burden each lot and other portion of the Property in order to maintain within the Property a planned community of high standards. Such covenants will be binding on all parties having heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each owner thereof.
(4) That the Declarant and every Owner of a lot by virtue of ownership of such lots shall be a member of the ___________ Homeowner Association hereinafter referred to as the "Association".
(5) That the Association shall establish a maintenance fund and shall use the proceeds of such funds in providing for normal, recurring maintenance charges for the common areas/facilities for the use and benefit of all members of the Association. The Association shall, in addition, establish and maintain an adequate reserve fund for periodic maintenance, repair and replacement of improvements to the common maintenance areas/facilities. The fund shall be established and maintained out of regular annual assessments.
(6) That Declarant hereby assigns its right of ingress and egress across and over the property to the City of San Antonio for purposes of conducting official City business; which may include removal of obstructions during emergency situations in which case the City shall not be held liable for its repair, replacement, or any future maintenance.
For: _____
By: _____
_____
_____ LANDOWNER - APPLICANT
THE STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared ___________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that (s)he executed same for the purpose and consideration therein expressed.
GIVEN under my hand and seal of office this ___ day of _______, 20___.
_____ NOTARY PUBLIC
_____ Typed or Printed Name of Notary
MY COMMISSION EXPIRES: _____
Upon Recordation, Please Return to:
_____
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(26) Forms Y-1 and Y-2: Re-Plat Application Affidavit.
FORM Y-1 RE-PLAT APPLICATION AFFIDAVIT
USE THIS FORM IF ORIGINAL PLAT IS NOT THE ONLY INSTRUMENT BY WHICH COVENANTS AND RESTRICTIONS THEREIN ARE RECORDED
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_______ (date)
City of San Antonio Development Services Attn: Land Entitlements 1901 South Alamo San Antonio, Texas 78204
Re-plat Application Affidavit for _______ Subdivision, plat number _______.
Know all men by these presents that I (we), the undersigned, hereby acknowledge that I am (we are) the owner(s)/proprietor(s) of all the lots embraced by the above plat number approved by the City of San Antonio on _______, and recorded in Volume _______, Page _______, County Deed and Plat Records.
I (we) further hereby attest that the proposed replat ___________ (plat name) does not amend, remove or violate, or have the effect of amending, removing, or violating any covenants or restrictions that are contained or referenced in a dedicatory instrument recorded in the real property records separately from the preceding plat or replat. In addition, the replat does not attempt to amend, remove, or violate, or have the effect of amending, removing, or violating, any and existing public utility easements without the consent of the affected utility companies.
Property owner/Agent
State of Texas § § County of Bexar §
Before me, the undersigned authority, a notary public for the State of Texas, on this day personally appeared ___________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office, this the _______ day of ___________, 20___.
(SEAL)
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FORM Y-2 RE-PLAT APPLICATION AFFIDAVIT
USE THIS FORM IF ORIGINAL PLAT IS THE ONLY INSTRUMENT BY WHICH COVENANTS AND RESTRICTIONS THEREIN ARE RECORDED
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_______ (date)
City of San Antonio Development Services Attn: Land Entitlements 1901 South Alamo San Antonio, Texas 78204
Re-plat Application Affidavit for _______ Subdivision, plat number _______.
Know all men by these presents that I (we), the undersigned, hereby acknowledge that I am (we are) the owner(s)/proprietor(s) of all the lots embraced by the above replat number out of the plat recorded in Volume _______, Page _______, County Deed and Plat Records.
I (we) further hereby attest that the proposed replat ___________ (plat name) does not attempt to amend or remove any covenants or restrictions.
Property owner/Agent
State of Texas § § County of Bexar §
Before me, the undersigned authority, a notary public for the State of Texas, on this day personally appeared ___________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office, this the _______ day of ___________, 20___.
(SEAL)
(g) Neighborhood Delivery and Collection Box Units. The subdivider shall coordinate with the United States Postal Service for the location and placement of neighborhood delivery and collection box units by the postal service in accordance with the agreement between the city and the postal service. A copy of this agreement is on file with the director of planning and development services.
The location of the neighborhood delivery and collection box units shall be shown on the utility layout and approved by the reviewing agencies/departments prior to plat approval.
(h) Airport Height Limitations. Height limitations imposed by the airport zoning ordinance of the city shall be shown on the subdivision plat in cases where those limitations prohibit the erection of any building or structure of a height of more than twenty (20) feet above ground elevation of the proposed location of the building or structure. These limitations shall be shown in terms of height above ground elevation at appropriate locations on the plat and shall also include existing or finished elevations at those points. The director of planning and development services may require any information from the subdivider necessary to establish the effect of the airport zoning ordinance on any subdivision plat submitted for consideration by the planning commission. This information shall be provided and certified by the registered professional engineer or registered land surveyor employed by the subdivider.
When the above limitations are determined to be in effect within the boundaries of the proposed subdivision, the owner's certification shall include the following statement: "I understand that this subdivision is subject to the restrictions of the airport zoning ordinance and the maximum height of any proposed structure or building within this subdivision will be limited in accordance with the provisions of that ordinance."
(Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23) (Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23) (Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23) (Ord. No. 98697 § 1) (Ord. No. (99795) (Ord. No. 2006-02-16-0241, § 2, 2-16-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 99795) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 99795) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077, § 2, 12-17-15; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2010-10-18, § 2, 10-18-12)(Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 97568 § 2) (Ord. No. 98697 § 1) (Ord. No. 99795 § 1) (Ord. No. 2006-02-16-0241, § 2, 2-16-06) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2014-08-14-0581, § 4, 8-14-14) (Ord. No. 2015-12-17-1077, § 2, 12-17-15; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)
