Loading...
HomeMy WebLinkAbout030841 RES - 05/17/2016 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH ESTEBAN R. ALANIZ, ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $38,614.71 FOR THE CITY'S SHARE OF THE COST TO EXTEND HOMEDALE DRIVE, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with Esteban R. Alaniz, ("Developer"), for the CITY's portion of the cost of Homedale Drive, including all related appurtenances, for development of Homedale Addition Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: T CITY OF CORPUS CHRISTI 'Oe-latt.e..e +r-lAgArL Rebecca Huerta Nelda Martinez City Secretary Mayor Resolution- Esteban R. Alaniz-Homedale Addition Unit 4 Page 1 of 2 (13084 INDEXED Corpus Christi, Texas I' of The above resolution was p sed by the following vote: Nelda Martinez 1.&/ Rudy Garza Michael Hunter Chad Magill _A Colleen McIntyre ta Brian Rosas . :. Lucy Rubio Mark Scott / Carolyn Vaughn 1 Resolution-Esteban R. Alaniz-Homedale Addition Unit 4 Page 2 of 2 03084 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and Esteban R. Alaniz, ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS,the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 9.970 acres of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Homedale Addition Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Homedale Drive for a distance of approximately 272 feet to connect with a Retta Drive as depicted on and in accordance with the improvement requirements (the"Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $38,614.71. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY Esteban A.Alaniz-Homedale Addition Unit 4 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF HOMEDALE ADDITION UNIT 4 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. Esteban R.Alaniz-Homedale Addition Unit 4 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer Esteban R.Alaniz-Homedale Addition Unit 4 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: if to the Owner: City of Corpus Christi Esteban R. Alaniz Attn: Director, Development Services P.O. Box 639 2406 Leopard Street/78401 Corpus Christi, Texas 78072 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/78401 P. O. Box 9277/78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be May 17, 2018. (EXECUTION PAGES FOLLOWS) Esteban R.Alaniz-Homedale Addition Unit 4 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas )3 C'► /If 17 2016. APPROVED AS TO FORM: This I day of 9iA stant City Attorney For the City Attorney Esteban R.Alaniz-Homedale Addition Unit 4 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: Esteban R. Alaniz r 4, L, A /'f. � Qa /3 20/ Esteban R. Alaniz �Y Date Individual KENE D SAPENTER Octo�ersst s$ STATE OF TEXAS § ,�, § el*,"_ COUNTY OF NUECES § 4/1--This instrument was acknowledged before me on �7(,L , 2016, by Esteban R. Alaniz. Au, fi Nota Public's Signature 5&7"/1//1/'-- Notary 9 Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 I . k'RA RA?W 4414e.. ! cm ADQRION UNIT 4 wwt�c�wal tY\ i OCR9 A 0Sro ACM"Or W9(( ,70 99 ACRE,.')OVT 3' .1 19 ) twr9 8.r LAT 29 12=139 89.38.391 4777 a 949 WA m a BB(/LM J [[[ 4.4.441= 8:.9904 MAC1x M RUMS 80.013.row M. ..TO M 1w OR 39 MOM cr ,rr`mut R NCE•1-u. RNnCtGCW913AON +70.7719 / 339+nlux rIw RtO..Or*MOM mum,mut 393 memo M`_�_ ��� m . 1%0 973 0132» \ -' �m w.c .......y0/WOO AMCS Or WC \\\\ /. 771 gi cc 8.I 02017 ` t "' tr.rt.Or TEEM urtr Of.A.C3S r :-.04 CCI ` p1.....3m I312D67 9.x8301 832030 C01r3r THAT 1 390 4*OR,°39 M 39393971 83 �6�, I 093 M 70441 MIME MTh A IAN Or 466.6237M STATE P ,ND Two?7*RATE 777 lap WO 0934510)AS 300001 7416:06 FOR M R/OOS9 Or Enamor; 0® 0 71[083 814. 4.AIL 1.870340$4 63 A. 83-08-*87 =GA==GA90 M iM TRE Mrd�A9R1N 8.u4*10*8.s Or RAxC 011[271 AM NNC3. �� LOCATION MAP I SU31.,. A.K 9r 15252 1 4083,39 906.021 8 7=74,7 R.AOKA1 ,71488 0017148.1 16719006/010 Or 01663 FAIT E8988.40166 347147 TOT MUM"F. 8.80 6 M.41998.Or A LEON Co M 31993293*26080 14.8808 369 603 W14131 838.39 W.313.1+73 TAO 0,070.8[9 747 M ROM=0x879 MIT" 1193 M__Wr Ce .79[) b 1Tatt^d 39 74 15.8.4,2439 t s ' o.�a whmi S M 6.6666 ROr 779 l(13e8 8330®10 70319719w4//41,1041,13 1 EO r 30844)87 lea44100n114113WOW 16 er 416[277161 TN(P.A666 31480300 39 M Cm C.066.6 DOM Kul 44 7. 3 3581 9 x.902 48613.606/C62 Or MARTI(669 866 63 37_Dr z„3. .. /133/M_Gt Of 7014 STATE M 02W3 i MV'A 1707d9t2 419.UID r/ 41,014.4.8..44..4 PL ALC7.. =ARTY 39 NOttCO r OVsuw =SWAM 7141.8.8 ROE[M 44,40 rpR M FATE d ISM DM 96110.8007 164 1000•6/6=36.803[VC W x74 T76, OAT 39 7913 r OTAR1 RAJ[6 379 ro3 M 338.75 03 110AS STATE Or Mud r COWRY Or MUM 8 M MAL RAT Or 44 HERON DIMMED P*01.011 8$3 .606706C3 93 M 00.001104 Cr 083199/07 Noma Or M CI*Or 473355 balm,Kai 1834 186........_....-�6 Or 2085. NOTES to'*,L T.AiWVs44 RL 7 M 7330 760330433.AS 088004.6 8.RR4.4K4881 Cr M 20076 0041.0707 51 3t06C9 MOM) 9103883E AM 6 18.6013 TO 06.662 0 471 10806 7888 0777442. 3 2. M,ARS Or 39.770 6 M STATE Or 1tAAS 1.8993 399$066 Mxc E.I.IrroilMms MAK Or*5533 t p A�78137.W IWI Wss.M.708391710 607.3666.WO 1803790,WORM.WW1'11481 114 C934r1 Or 14,339 r µf. M 006.303 80 03 11 uta 9$29 C 93 6.6068 93 M ROOM I060I06006REM W 062096206D0 REM RCM A APT VAR M 084 SE D 819 34 W 811 06836714, ■ 0,04.0.3 79443314117/623741.(RVA)70r3..D 603893 9289 C 736717 ••0 6 MX un CORRECT. R4,M 786 OAT Or 4930MUT 2915. A e;7 70 MI6 rocks Or 931© 71000.0 t WO 1..01 07.167V M[.8839 00667 NG 743 SAO COW,.D9 1[007 600137 N8T M r2603066 947x18123 914 M SC[NrS 744101 FOR M T•pW 83191 31.49 1700 710.8703701[7 ♦•*"b�r M�{P7 39 SOtf 1411 RS 53}9CAK V 6 M 14[.944 WlM.M 7958.7440 01 9*D 66 AOl83C LER t1s9 TOR At1Tx0R0A100.W Ala 747 717010 9.W 0,1102 x83 d7 M OS.YAW 4.2 1?®Ku.x 310 263601006302-,1610 ALM "rel'r8.a or .19,3*1 9CDCR V.410 0.0.1 746040E C8.rCauEm 66 9..8430 66:07i$.1'C9NTM 7¢704944'Wt HA TK tin8. : 11; 0.87 9r 2973 AT013.0(3 R.7 M w0T(R P.M 301=OW ER.6AGE FOR M ARU 87311 4 QWrirFP .'A ���,•• • W3 3(0703 Cr LO WART M 20.11*( ,RAM , ova No 77t ROW OUP,ARU 39 M 73RR6 C6636 TONS. 9. r 337.8[rt 66600701(.19 M taro ..3 3/0.OCR 4993 AT.0 LOT CORNERS. Seo In ° 8. M MN.KAKO ARG Mned¢3OKLT MO*ATON is$97 Aa9 [ASS 4 WELSH ENGINEERING W)Mh AT 9r CE AmCe166 DOln,�3 t°weATT r.�mac%ni [9739!.'147 0491991 NC 41RYC14R3 Mr 60 1189 1111 wiry. 4, 343.30194 ALMADA 1111E7 79804 A.9 LTA 8.797 AMM-11,237 r• 170390*:(MI)8.0-7073 at r8Cee0.4(.MI)1362-7211 OWTM R71.&1.4,0,1„......,9081 7975744:00 4Q r 4:0 -32+9.81910141 Tr.Toots me 9033333301 RC. 990921-00(398031188) CORPUS 600131, T19A3 100442 63060.mai• 34957 7 Or 2 f Exhibit T Page I of 2 • I 1 1 , I 1 I I CURVE TABLE csor.A ar$A3A*sass re, cross 33342341 ___ _ :IQ L . 1 -,,,,,......2 2 .5 17 n 3 if IS 004 wagsa:411121 44 r34 IIIc. raresei- , ,,,, g. -ci-i.,,--r-4,-.5.44421 I**Werrsirt ,.1,'Ll, '!.1 ..°-',.,' 4,1 334.-MPOSKs , CJ 36 31...:132 3.cor14- .340,20 4s-s SO 24 4 t 04 3010 vaa_spror stsr:Isiv, ,0 31 C3 .3.434 ff3 il/(32Se surs.,331, 2314. t...,:421:1414*5“4 ow 4 o 4444 _..1.1 ti 40 Yr __j 4, 2212' Ii 11 ,‘,3,4443r4C.X 1-444,12 . ?, u r,,,r , C.,...3.,..4 SO Og.44114"1.4 Sinalti 20.244 ,..__ C 4. _ •--. 4431--ir I- 1 CL...a.071_3300 3,44 4.0 14 40--,-1.- r. _-'?-C-\--, 2$ 2.t,,E.tRaN o'.01*1 c, 0 VIM HOZ311NVE i Th6, .4X4i , : : , : f; . ?°„'t '.-1,0.3 1.L.,----rjr-.4......tir...a-,a44 14,---s-i• ann,-;..-z.....--06.v-:_rr.-......0 -_t1-.:_--.:1]...g'.;_---C23IS. .11 1 .44.43 V ! 4 i C43 341,11 paw,scr44,1 .r50.147 r , , * ....,,--1 ' $ 1 1 . ''l I 1371 1, 1 11 UN V 1 i P N - 'ol . ,,,..ry • .,‘, sow...at 1, mouta,„4,,,Lc....! 4. '. "coo,1. :45 3}411s it CO searrrs S0,12.15”. ,341r, 44.34.41''' -44.,4 4 s4 4' C 41 •co 3. $0$( =LI 43144 .. !, t:, I'S, 0:WOODS 27I10-4314 13 OS I . 14411. 1 , , 4 1 I 4444-js 471 I 1402 I 4 4 S•143•7T nti.00 I 3 4 , 14341 SI 0 ' I a.; ' I .13 13, 30se Agnew sirs:3rE cl.sss 1 C,9 IS 71 /43243..10402_alfri•,r, ISM ---=a) 40.71.-I0013 1,-01300 5,O3/2.3444 Mb) 2 a — 140.0). 1 1 I 114 sr . 1 I 1 $3 41130 V turd t 4.L-.7-..., --,-,47,11- Or'ar i C71 11., 1000 woo--'co Sir39 srr o.co CiRAND VEW , bittthi 1-., t-22 Oh OW Ocrcifte 47110'.2 0 04 . 1 , ...,g I I wet3 Sf• 1.aare 1 • I 111 , 2 ..• Ii es woes= LEGEND ; 4 1 441n2 113111.' I 1 , it..11 _i I i .4 •41. I t S . 1307 V 4,4 I - .,, .- • 8 313 PM V ' il 'a ' ' ss 22 . 1 I, 414. 411. 0 Mt U. 14010"14r111r.'10414r 1.4.0 MR 040 1311113' 1 5 g t 1 ,..,,sy 1 t , ,4*.00' arm sr .. ti , -. ' h•,-s" i 4s$ mita 3 T 3.13131119 1.333 3.13,row ..33.5 OM MO.*CM 3,13er•M.. I 1 30 IT , .,,,, , 130 sr i ...A WU%0,02 MOMS.01 1111010t"10.1 4 g3 03 V 2 , S ' I • I • s. . 4 i I IOW 4 4 1 I WOO' r ,..: .0;„ k ?ID& Lt ItD.01fi 11 ' i ' • I i i'44.; di t i'MU 149 71 1'20. A 1120 sr . 130 72' i 1 I R 4 C 1 I IWO Sr « . • ti PLNKNO CCIAILS5,011 12 - 1 L 4343.11- I r. I 4.0f33" tl I 1 I . 4 1 I14I 7 4 0 10 1 1 . 200* 1 t 1 3 I 1 , I i I 1 I ?4 1 030$V $ 31117/13 rya 1 1 .1'Ic•rt X I 2.3 I 133.00' 1 I 1443.fri I I ' I H ifsrs• ."1', i / s :q . 1 IF I Oa J CZ , 3379 V 1 9 3423.Sr t t,,,, Ise/V 1 I / ,, _ GNI 9 i ' , 71 - 13 ----..,,,,,-V-•M-L-21c,,r --,wort----C2-1) 1- 13e, '.13\ I'm v .1 mirsrss moo' I 1 ‘ 0-^,t 1 .1714,0 I . . i 0111"19-4r0 ' I 1110e seT—reArOYISTATCANE— i? i 1 a \I I - - .AvtI - -- . mo...c.i.- zi.I >cle 1331% ..V .II' s•- ---., 41A"Trm-, 4 ilk, 1 a + rr- rt -1 ..• b.. -- ---.---\-',- -- i., eau v 4" si i r 14 41 h-..., ..,:., ‘4`,,. 's"ir,--0 '..:'''v ..:.• 13 _,'44°"V -; 13 X 4063 Sr r, • 1$01.1 WI.1., . Vemi sr. Fi 44,, ill I/ t• , I I , Xei WSJ V - 4.3.1 ,. 191152 33 :' I 195.9 DI .. yr. a* t.1, .i., *fisisif cts-isr------1-314-,i'rip:-lie '-iSlir''.t-siii---12-..se ' ia si' 4'lic cise--Asi r a ' air A 1 --,..., 3.111'21104-* 194.35 r-- nerartoN-lsre- --'-'•-• ..!. I GRAPHIC itaZ L.4.,... K 1 4 2.2 04. 1,.. 44.1 3 r4 ,4,,, 4 4 10 11 r ,,, a* CO,!LeVIHSKin,,,,..X s:rU:7, U.00,30.44344 I d t 0 nu$ 's 39 tet, 19YiV,.42 00 33 I t 1 1 3333.Pa 1 A 3 1 • , ,,3 fn ."' 14014 01 1 • 1101000014 1130,11011 MR.4 334frt 2 Of 2 Exhibit 1 Page 2 of 2 KAY HOMES SUBDIVISION cDi 4 VOL 26 PG 56 NMaLE STREET M.R.N.C.T 152 13' 4 2121144CX.. . . HOMEDALE DRIVE rNa 4'SOWI Ui EXHIBIT SHOWING CITY PARTICIPATION IN CONSTRUCTION OF HOMEDALE DR. EXTENSION INDICATES AREA OF CITY PARTICIPATION :.c OF tr.%% rrf #1i i».e,« ..».........a.,.r &wood er ! MURRAY BASS. )R. i Bass & Welsh Engineering r �4>�•26677 41 f .lab Na 13076 3054 So. Alameda St. (N41 . t� f �� score: 1•=30' Corpus Christ, T . 78404 et...1;.‘"1/4'44 Dote 1-25-16 (361) 882-5521 (phone) M 14•S/o t.t./." Ora win No. 14B-LAYOUT (361) 882-1263 (tai} �� 4 Engineering Firm No. 52 �j% / PJofacora 1 1 Surveying Firm No. 100027-00 Sheet 1 0l t Exhibit 2 Murray Bass,Jr.,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:Murrayjr@aol.com TX Registration No.F-S2 361882-5521'"'FAX 361882-1265 Survey Registration No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 HOMEDALE ADDITION UNIT 4 01/13/2016 Street and Surface Items 1.2"HMAC TxDOT ITEM 340,TYPE 0(1993) 5685 SY 519.35 SY 5110,004.75 2.8"CEMENT STABIUZED SAND 5684 SY $14.28 SY $81,167.52 3.6"X 2'CONCRETE CURB &GUTTER 3795 LF $14.00 LF $53,130.00 4.3'CONCRETE VALLEY GUTTER 284 SF $6.50 SF $1,846 00 5.SIDEWALK 15001 SF $4.75 SY $71,254.75 6.EXCAVATION AND GRADING 12035 SY $2.30 SY 527,680.50 7.STREET SIGN 2 EA $500.00 EA 51,000.00 8.STOP-STREET SIGN 4 EA $500.00 EA 52,000,00 9.PAVEMENT REPAIR 72 SY $27.50 SY $1,980.00 $350,063.52 Water Items 1.6"C900 PVC 1507 LF 521.701E $32,701.90 2.6"GATE VALVE 7 EA $1,280 EA $8,960.00 3.6"90"BEND 6 EA $320.00 EA $1,920.00 4.6"TEE 1 EA $470.00 EA $470.00 S.DOUBLE SERVICE CONNECTION(NEAR) B EA $560.00 EA $4,480.00 6.DOUBLE SERVICE CONNECTION(FAR) 13 EA $600.00 EA $7,800.00 7.FIRE HYDRANT ASSEMBLY 2 EA $4,200.00 EA $8,400.00 8.6"x 6"TAPPING SLEEVE AND TAPPING GATE VALVE 2 EA 53,500.00 EA $7,000.00 9 CONNECT TO EXISTING 6"ACP WATER 1 LS 51,000.00 LS 51,000.00 $72,731.90 Waste Water 1.8"SOR 26 PVC 640 LF $32.70 LF $20,928.00 2.10"SDR 26 PVC 640 LF $36.44 LF $23,321.60 3.4'MANHOLE 8 EA $3,500.00 EA $28,000.00 4.SERVICE CONNECTION(NEAR) 24 EA $400.00 EA $9,600.00 5,SERVICE CONNECTION(FAR) 18 EA $500.00 EA $9,000.00 6.CONNECTIONTO EXISTING MANHOLE 1 EA $2,500.00 EA $2,500.00 7 MANHOLE ADJUSTMENT 1 EA $2,750.00 EA $2,750.00 $96,099.60 t rm 1.24"RCP 154 LE $47.83 LF $7,365.82 2.18"RCP 1,072 LE $42.80 LF 545,881.60 3.12"RCP 59 LF 53950 IF 52,330.50 4.MANHOLE 6 EA 54,500 00 EA 527,000 00 5.CURB INLET 7 EA $4,000 00 EA 528,00000 6.EROSION CONTROL 1 LS 52,500 00 L5 52,50000 7,PAVEMENT REPAIR 243 SF $3.00 SF $729 00 $113,806.92 Exhibit 3 Page 1 of 3 Murray Bass,Jr., P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:Murrayjr@aol.com TX Registration No.F-52 361 882-5521—FAX 361882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 Additional Roadway Quantities 1.2"TxDot Item 340,Type D (1993) 416 SY $19.35 SY $8,04960 2.8"Cement Stabilized Sand 565 SY $14 28 SY $8,068 20 3.6"x2'Concrete Curb and Gutter 272 LF $14.00 IF $3,80800 $19,925.80 Miscellaneous Items 1.TRENCH SAFETY(FOR STORM/WASTE WATER) 1 LS $6,500.00 LS $6,500.00 2.SEEDING No bid 1 LS 3.REMOVE EXISTING OVERHEAD ELECTRIC No bid 1 LS 4.STORM WATER POLLUTION PREVENTION PLAIN 1 LS 51,500.0015 51,500.00 5.EROSION CONTROL No bid 1 LS 6.GRUBBING(based on$90/hr) 1 LS $7,500.00 $15,500.00 *Total: $668,127.74 Exclusions: Well Pointing,Signage,Sign Posts,Seeding,Removal or Relocating of Overhead Lines,Slit Fence supply and Installation, Sodding,Additional tot Fill,Testing,Lab Work,Engineering,tot Surveying,Property Corners,Electrical or Transformer Pads,Fences,Relocation or Escavatktn of any onsite obstructions,Relocation of any Excavation of any utility, Pipes,Cables or Wires,Landscaping,Any additional signage,Striping,Any additional work or materials not included in above description of work to be performed.Changes In the above specifications may be made only upon written agreement,and extra charges will be made.All agreements are contingent upon strikes,accidents or delays beyond our control. RF ;Ike- $._:MURRAY BASSI JR 1 •%G.\ 26677 =..� *" I 'OHA ?y,. /1 Exhibit 3 Page 2 of 3 Murray Bass Jr.,P.E.,R.P.L.S. BASS WELSH ENGINEERING 225/2016 Email:Murrayjr©aol corn TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 COST ESTIMATE PUBLIC INFRASTRUCTURE REIMBURSEMENT REQUEST HOMEDALE STREET EXTENSION STREET CONSTRUCTION,HOMEDALE DRIVE 1 6"CONCRETE CURB&GUTTER 272 IF $14.00 $3,808 00 2 4"X 4'CONCRETE SIDEWALK 1059 SF 54.75 55,030 25 3 2"HMAC 416 SY $19 35 $8,049 60 4 8"CEMENT STABILIZED SAND 492 SY $14.28 $7,025.76 5 12"Dia Storm Sewer 59 LF $39.50 $2.330.50 6 EXCAVATION&GRADING 844 SY $2.30 $1.941.20 7 STOP/STREET SIGN 1 EA $500 00 $500 00 8 TRAFFIC CONTROL 1 LS $5.487.00 $5,487.00 SUBTOTAL $34,172.31 REQUESTED REIMBURSEMENT CONSTRUCTION COST $34,172.31 TESTING(2•/.) $683.45 SURVEYING&ENGINEERING 11% $3,758.95 TOTAL $38,614.71 *: , MURRAY BASS JR , -e: 26 f677 ' . 8$.: f / Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy,and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability(if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph 11 Of This Exhibit. EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10)days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers'compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A-VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi,TX 78469-9277 (361)826-4555- Fax# D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City;and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10)calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City or Corms CYristl.Texas ---:, Depanntent of Devcloptoent Services City of PO Corpus Box Corpus Chnut.Texas 7B469-9277 6 CorpuCornus 13611826-3240 s Located a, 2406 Leopard Sued Christi (Comer of Leopard Si sod Pon Ave) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: Esteban R.Alaniz STREET: P.O.Box 639 CITY: Corpus Christi Zip: 78072 FIRM is: 0 Corporation 0 Partnership ®Sole Owner 0 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) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Board,Commission,or Committee N/A N/A 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named"firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Esteban R.Alaniz Title: Owner (Print) ;;����----/, ,, �Q Signature of Certifying Person: f4 t.r�!/t f 1 . _a_.11"2-6 Date: 2 2-- 1 6, K DEVELOPMENTSVCSSI IARED LAND DEVELOPMENT ORDNANCE ADMINISTRATIO.VAPPLICATION FORMSFORAIS AS PER LEGAL nu DISCLOSURE OF DiTERFSTS STATEMENT'27 12 DOC Page 1 of 2 Exhibit 5 DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi,Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K DEL ELOPMENTSVCS'SHARED LAND DEVELOPSI£NTORDLNANCE AD%ILNISTRATION APPLICATION FORMS FORMS AS PER LEGAL 2012 DISCLOSURE OF INTERESTS STATEMENT 1 27 12 DOC Page 2 of 2 Exhibit 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-7559 Esteban Alaniz Corpus Christi,TX United States Dale Filed: 2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 0210112016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. Homedale Addition Unit 4 Street Participation Agreement 4 Nature of interest(check applicable} Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO Interested Party. Q 6 AFFIDAVIT I swear,or affirm,underenal perjury,ty of pe fury,that the above disclosure is true and correct. Win"- K Signature of authorized agent of con ng business entity AFFIX NOTARY STAMP/SEAL ABOVE • Sworn to and subscribed before me,by the said "-4 ,this the I day of .-'-` 20 tr' ,to certify which,witness my hand and seal of office 31- JAN w ) MU MINN`- NM ID•mob Q, t? ii1 If SC f'i D e j AT-1, MM Commis** t Signature of officer administering 11r, Printed name of officer administering oath - •, •Ricer • n srta' •oath Forms provided by Texas Ethics Commission wnuw.ethics.state.tx.us Version Vi 0 34416 'CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. ti City Council Action Date: May$ 2016 Agenda Item: Resolution authorizing the City Manager to execute a developer participation agreement with Esteban R. Alaniz, ("Developer"), to reimburse the Developer up to $38,614.71 for the City's share of the cost to extend Homedale Drive, in accordance with the Unified Development Code. Amount Required: $ 38,614.71 Fund Name Accounting Unit Account Activity No. Amount No. Bond 2012 3701-052 550910 D1603013701 EXP $38,614.71 Total $38,614.71 ❑ Certification Not Required Director of Financial Services Date: MAY 1 3 2016 /4-04153