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HomeMy WebLinkAbout030983 ORD - 10/11/2016 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A DISTRIBUTION MAIN EXTENSION AND CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PETERSON PROPERTIES, LTD., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER DISTRIBUTION MAIN LINE AND APPROPRIATING $19,159.00 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a distribution main extension and construction and reimbursement agreement ("Agreement"), attached hereto, with Peterson Properties, Ltd., ("Developer"), for the extension of a distribution main line, including all related appurtenances, for the development of Westpoint Crossing, Block 1, Lots 1 and 2 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $19,159.00 is appropriated from the No. 4030 Distribution Main Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinance wa read for the first time and passed to its second reading on this the afrifay of 7-01(by the following vote: Nelda Martinez nn Brian Rosas Rudy Garza c 1.( Lucy Rubio �( Michael Hunter .. Mark Scott aii(V114. Chad Magill C-1...t- Carolyn Vaughn 013Z-M Colleen McIntyre That the forewino ordinanc was read for the Qnd time and passed finally on this the I 1 day of )(' ,j2, , IL, by the following vote: Nelda Martinez IPA i& Brian Rosas Rudy Garza Lucy Rubio I Michael Hunter ! Mark Scott IA AAA, ,L ' Chad Magill I ' Carolyn Vaughn Colleen McIntyre +.) 309' 83 INDEXED PASSED AND APPROVED, this the i i th day of 007000—, 2O110 ATTEST: fliAgAt Rebecca Huerta Nelda Martinez City Secretary Mayor 030983 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule munici-pality, and Peterson Properties, LP., ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 9, 2016 to develop a tract of land, to wit: approximately 35.41 acres of land, known as Westpoint Crossing, Block 1, Lots 1 and 2 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 330 linear feet 8-inch PVC C-900 2. Install one (1) 8-inch gate valve and box 3. Install one (1)fire hydrant assembly complete in-place 4. Install one 8-inch cap b. The Distribution Main Extension must begin at the north end of property and extend east alongside Old Brownsville Road and tie into proposed waterline on South Padre Island Drive. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by September 20, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 2 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before September 20, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. 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. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. c. 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. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/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 Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 3 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/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. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; 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. b. 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 ten (10) business 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 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. 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: 1. If to the Developer/Owner: Peterson Properties, Ltd. P.O. Box 8229 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 4 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. 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. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 5 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $19,159.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES') FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 35.41 acres of acres known as Westpoint Crossing, Block 1, Lots 1 and 2, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 6 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20 . (EXECUTION PAGES FOLLOWS) Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 7 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 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 APPROVED AS TO FORM: , 2016. Assistant City Attorney Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 8 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Peterson Properties, Ltd. By: Patricia Peterson Nuss General Partner STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2016, by Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Peterson Properties, Ltd. By: Christy Peterson Brown General Partner STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2016, by Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 9 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Peterson Properties, Ltd. By: James D. Peterson General Partner STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2016, by James D. Peterson, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. Notary Public's Signature Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 10 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 t)rota putt.area contains 35.41 awn of lana Ondudee Street Dedication) yy 2)The recervng water for the storm water runoff from this property.the Om IV '^3� Geek The Tnm not dose,.Me aquatic Ids use for the ree Creek, e„V. . Gut t s recognized a an onNronmenfdly sensitive ores The Oso Creek bows v directly into the Oso Boy.The TCEO hew dandled the aqua.Ns use for V�\ the Oso Bay as -exceptional.' and *ones waters. anal categorized the '1 receiving as'contact t o� ) 2 3.)Bearings posed ai oPS NAD83,State Pane Coordinate SYstem, } 6 ri/� 1 d _:.�1i Tesm South Zine 1205 .., 4)By graphic plotting only,the property is n Zan 'C'an Flood Insurance Rote _ bop. bears Panel Na 485464 0165 C,City of Corpus Cheat, TFlos, vs A'e which pears on effective date of July 23.1971 and s not In a SpecialFlood "* r A..a Mozord Area � 5.) It any lot Is develapatl with rnitlonabl axe,compliance inn,the open space !Aunty 01 Nueces e regulation oral Pe required during the Guiding prmit phase. Corpus Christi,Texas -^r!:'Y. '. c)Wastewater improvements prodded by service agreement.sed and recorded in Document No. _..Official Public Records of Nuecee County.Tevae. l��P I?G3 CYn , State of Texas (llll Canty of WA-9 20ii ,J This final int of a Cara.Christi, woperty win approved ay the Department of development SersPLANNING COMMISSION T1ie ate dm M 20 Plat of D. n ""Westpoint Crossing Raba =omd Block 1,Lots 1 and 2 StatCou 3541 Wows of Lbaitp portiara of Lots 9 through 11.and Mr of w«ee od portions of Lob 14 through ID Section 5,Rage NII,of the ilastoTexaso tpplot Pat C,.hereie�n^de rmm property wa pv ea on behalf of the City a Corpus siren. i. &Cohn Pb.,,Lots,a Map of Which is recorded in Volume A Page 53 Map Records of Nueces County Taros, __- T is I—Q 2-9 J—B and t 6.M.M.Goth)Load a mop ices the day of--..---_.- .__.20___ of which is recorded in Volume 2,Page 22,Miscellaneous Mop Records of Nueces County,Texas,0 9980 Acre hoc!abwnbed s Tract it con in c warranty decd from Patricia Roy Dan McGinn,AI.c.P. Philip J.tamest,Aum.tPAP.Channon Peterson Nu. to Peterson Properties, LTD., a Texas limned lmenm Sewn, partnership recorded a Document Number 837113 Officio) Public Records of Nueces Caunfy, taros,a 2.003 Acre Tract stht.of Twm conveyed Jr warranty del Iron,Page 3. Gabriel and wile. County of Nuacea Virginia Mae Cobh/to Gu//way Shoppng Center Inc.recorded in I.Karnama Sad..Ch.ted .the County Cart F and r peed Georg%1 do hereby authentic...be tlawa leg Vpion Isla Page 17Z Deed Records f Naves County sea for record F my arse of_day of 20—At_ado._Jt,and Teras, and all of a 0.446 Acro Tract l20__at_adm_IL.F e. said County F Seed from J.V.J.V. Got. air wife, Wwwb Gabriel to Pay E. ausoy of ms_�Pegs Map Records. Peterson'worded in Volume 903 Page 352 Deed Records of C Count Nieces Nueces County,Tac r o 'Mvtnnmhand one o doy one year wart sultan. bn��tY Court.F and for sirs unt%M office Carpue OMsB. Peterson Properties.Ltd.,o Texas Limited Partnere*,hereby of the lands foregoingaare aatBr survey.and sMat it is the owner ubdivided as eh toted bt ubwi 0e'simple.e for . fled la Record Karo Sonde.County Oak Me apotdmr use forever Y easements of pudk Tatiec fond Nat this alp ale mase la the emcee Crete Tres Ottwlee of de Nnrl M dedication. a 0"dark_y. 2a B% (Web law the_MM 20 , By Pebitle PMrean Nus,Oanrd PO,r ft O.Mn Peterson Brawn.General Partner State of Texas By County of Nucor James D.Petrean.Cenral Pabnw _ 'Tana have prepared to �e9 at,Tai from a Carr,a eoq etc nestle the nal.I haLye been a engaged m State of Texas Met f Y FnaMedge,informal.air WNt, b gaged undror Urbar aconiroct b set all Lot and County a/Nueces ea co rs sh�ofe hers. and to compete s operatic.with due one reaaendh q e m.inismiment was acknowledged before me G Patricia Peterwn Mu cr.Am Peterson CO's awed a Bram on es D.Peterson,as General Partners o Peterson Proprf.Ltd,a Texas 20_ Bud.Conners.,an behalf or ode perNr.,W. This the_day of Ibis the _ y of 20 —.- Tra"s.1.9. 'se R.PLs. Rotary Potolic.n and for the State Texas y u R a A NI)Do January 27,2016 SCAJ t8 7 1',100' Joe ENGINEERING NO.:40706.86.00 SHEET:t of 2 snow,ma m a— DRAWN BY:KG.... .... Exhibit 1 Page 1 of 2 Plat of f i I F Wda: Westpoint Crossing 1441,k, moa 1 ' I. ? ro df � P ‘,,,:=. G,„, ;,v r Pg. ...":1..I :b r.5r'° ...a s oro i •1d.Eng.C�1,. Block I,Lots 1 and 2 0.o.1'" °°'° °�° m ""' d .r�. I Co.,tam �0 e.i„ a fa .� ,a M..aceta -- a� 1 _ ...• r,°..�y ,od.. — _�. ;..E.C.0 J84/Jl.n.f lad Dan9 Aware:a1 lab 9 Maw', 1.m2_ PALL ~/ _ -—I f L__ __ u rv.•e r.om Mon..ro°.1 • pmdaa a/Lab 14 thro gh TS Seaga 4 Ary.K.4 6b C1�aMiR&W.o tots.o Map a/Mb,g s.sacrad 87 .8 as as Oommao RovO 2 .rm.2,n,K„�,R„ oo.4 53, Map Records of MoravrQ; T C.......r Cb _f _ _ _ _ _ _ _ If_ C....... Conn'sConn's ,,..a„ s .� r. Drab 1-8 1-8 J-B and boat 4 MM.(obis La,o a'nab bide a/ai mea ;n d./ Volume$Page 25 MWaaw Map 3 g C...0 LOP.r„.. _Jiards of Meas Cmnfj;Texas,a 9.987 Acts fiat described _ __ t rooavarr 1487S-r..._ 162.42'248 7!7.54' s Tract 9, consoled h d ty deed Ram Patricia 'Gy __- -1 w_ v..t28�mw. Ammon Naas to Retemm Properties, 170., a Avg fisted -_ coYe.our., ,`°'•�.',co,. or`re ° partnership recorded , Document ember 877174 Official - MM',d�,,>r .c a Pub&Reconfs of Howes Coo,,, Team', 2883 Acre Tract / _ �9�q� b .y +Y am h o warranty deed Rmr pie J. caer;o•and dire, / ++�� E. raging Mae Gariel to Cud y Shopping Center hc.record/in "b f. I !Hume /3/Q Pope 177, eked i0000to of Nieces Canty, / ,e..,‘,. ' 4*e r''. tat 1 / T8805, and o9 of o 0446 Acre Tract conveyed n o Warrantty e� `s `4. a 1 64 Au. %.r rI l/ Deed from Jr Gariel and o1f7/ W m Gabriel m Roy c G,, %4 _ a Potsaon recorded in Volume 900 page 351•Dent Records of gr^'y,o'�z"s, R oS Mans County.T oa / _ Id PPR(DWg� e � Der 1 rur4z'24'c I240.00' ;..� YAR-9 a% i',... IN / ,ANNING COMMISSION /7 1 A. / %�'r "ti n'w p 1 , N S.1 / I I §Bae ® t t'i' R / N A I S h V // * N \^ 1.84.2�rme0 w } a1r y,.:ItM ,�- N� 8111...8,8.i.) ., N M Via;�.w sr1_ �rrlio.i1 - -�_\ " N. cumuli .■ 5 1 / UR 8 A N0 E0.10027,2010 C.adnic 00'Scat. / E-NG = JOB 000. 4,,,,..,..4,,,,..,..f'-t JoeET 2 df 2 Exhibit 1 Page 2 of 2 APPLICATION FOR WATERLINE CREDIT We, Peterson properties, LTD, a Texas limited partnership, whose address is P.O. Box 8229, Corpus Christi, Texas, 78468, Owner of proposed Westpoint Crossing Block 1 , Lots 1 & 2, hereby apply for $19,159.00 credit towards the water lot/acreage fee for the installation of the 8" C-900 water line as provided for by City Ordinance No. 17092. $19,159.00 is the construction cost, including 15% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Patricia Peterson Nuss General Partner Date Peterson properties, LTD THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2016, by (Name), (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partnership. Notary Public in and for the State of Texas Chris Ann Peterson Brown Date General Partner Peterson properties, LTD THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2016, by (Name), (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partnership. Notary Public in and for the State of Texas Exhibit 2 Page 1 of 2 James D. Peterson General Partner Date Peterson properties, LTD THE STATE OF CALIFORNIA § COUNTY OF SANTA BARBARA § This instrument was acknowledged before me on 2016, by (Name), (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partnership. Notary Public in and for the State of California CERTIFICATION The information submitted with this application for reimbursement has been Reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date Exhibit 2 Page 2 of 2 CONSTRUCTION PLANS FOR PUBLIC WATER IMPROVEMENTS TO LOTS 1 AND 2, BLOCK 1 .rte WESTPOINT CROSSING ml.... CORPUS CHRISTI, TEXAS SHEET INDEX: SHER]WTATERSn SHEET 3 STORM WATER ROWED N PREVENTION 164ry I I'' eve,lam 3 \ ` R`,03`L ns _ UIL vNRDD MOW NIDE HEN SN[FR SIEttr ha OR 1 \•.� _... RmasaE s.Ensw aSa c� v .Y'i[�fT'+ 4I i `IL' INaa � ARROW TO WS NwLCT PE '1ii't.w K\'L'RS1i' 1 —_--. 3 'a 'w • "rt"Fl e.u�r C Ps4 CITY STANDARDS INDT T EV`43 --T"- �. 1 1. f iwo. Laguna, CITY of C.C.STANDARD WATER DETAILS I of 4 Lay Of C.C.STANDARD WATER MU.2 Of 4 CNN OF C.C.STANDARD WATER DETAILS{OF A r Nwb s 6 r w®,PointRD,D \ . .1I: IIII Ig ` � "4.T Y E CICTILF VA IMAI X MEM'^RCN DOM LOCATION MAP NS TANK SLED&Rhe'TOED.UN W,R IS NOT TO SCALE ENGINEER ,";�,i Murray F.Hudon,P.E. ,I wNRs Mao. N':a` CALL BEFORE YOU DIG! R *Tnv�c .. URBAN. 'v -,a,a w� "aw ENGINEERING k. ora a.s n 'vs[vN[ND[ eze- i ILR THE LONE STAR '^' -^""a• ).LONE SiNOM m 81112.-24110 =1-800-689-83,14 NOfIEICAigll COWAN! AT t-BW-669-8344 . 13 >o..r...w n,..s t,..........n.e .ure W,.. 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Wit i od s9 § \" ... its .__raw — ,40 -18 ,111 '1_ eacosrD r�Iw.na 1we�r.Exms I H UNDO 2 l y "gi eT IHimasno �y{ J >° I '3 I. _ TD'Temporary Drainage Ea. .iv- V r .I i T'rvawq Ens..rgrou-- I I W I crows Wean / a ACCORDANCE•7,-4 ITC CT,OF LEGEND _—_ 0 !t6 suE. I 6 '' —,..CITY OF CO..0.51i RECSODS ANO SIA•Acr PleCO eggil . e asf. ; 12 f o �i l Pfd \ i/, r.�:..ICIB «ee« a.na ,. I7.43" � I '! >a`ap°.os,`b/ .omwn.,E.M.,.n.�«....s....«=s.e.,a 1••••••/.. 1....••• 1 iow a a.a i r nn.... .4 moo.. _ I eif FIRE :a i4.i W ' I� . LOOMED.FAO AS ROSS*.r17010 AM N• r i.rtvs[cm.w,..wac..,[x awn.LAW SXFEr s 2 9 .n,ztre.aau REGARD......, as.w=...rs �... or,L JOB NO. L ) 407066.70 Exhibit 3 Page 2 of 3 7 South Padre Island Drive (State Highwoy b58) srU sro ' - _T v` sro_---- _rta—_.-- sm sro--.— -- _. .so --'v sraro F t1M0 sm.an II � str 1 1 MOTO O SILT MP / i i• I I PIP POUND[xeNN4 SLOT PC e 0.• :▪ t -= -1 Lot 1 ',49'...../!..iS ii 1 Lot [ 1 I x,I 04E "_tea =pari=s° n y FILTER FENCE DErOL_1 +Rxx sxNi nme m^+ aNN.M'+NN.dM .i B 1 O. �!F ar_ ti ; • ,o 76. OPUS IMPPP aouo _ PE 5rortumuMu. 3n,�1` k j m!i 11471101111.1616. axa...5 sE�s g PiIN -6 3,5 e —Awm wKen Sx Y I RIP,s a uo rarz`.r we.g .... f 9.0.. 11'111§ PP COMP SOP OR 015.1•7 y•- • OP ;�n "� cFfTgN isR FFNfF P07�y SJiPi 05.00. -i .. } J m+a s.eurEO caaTlnKroN EXTRA. PP,SILT FENCE DETAILS r IROM 6411•P PIPPO IP PO.IS 47.64.76 TO SU SP,0M1.1 d o2.° l I a a ass s°�ao"aP ar.a..,rsa xp< -LY.� ,� v-77,1176N 1 2 PPP. P7•71 001177,PP PP MP OLP KIT PPP e• 1§ I �t �� r . o as,ar.r P�i <. .,,m�`1P ` ` 1 ,I ode »�s�a�> z "`" :. f >� .,. ,,,Q .,0` SANDBAG DEtAIL CURB INEET TCDIUEM TRAP 541>''.'71 YT RIP COPP wvr roe :e�d'.0",. +TSNTS uTS. I O. 71,111. 'PP PPP •117PUNL PP.PPP OP 77471114711. s..� PIMPS 02./PI 2.w ev rs�NN @MOM PPP w 7 PPP 7s7 TO Iii Nn onwRO SLOP SECTION E-EPIP PPP,•1161447 PPM AT 93 IP1461011 OF 9 PP '�RP Z PUPPY a RPIP.a6rw.R6.R.ay. ra.PT ra,. ���i� _ ' s '�REtu., 'S.. Z PC ty i SECTION C-c O I46 ..s. ^ �.». -tea.. 2 s .s1'......ar..."..a..R.ar w.:<a...�... Pv..6«,Sawa PROFILE PPR y ., «�y, mrxsorra.r,ws,,,,,mwaT, w i� a,....,r.,.al.NN No O zr a«r.., .41,.�...a.ar.s STABILIZED CONSTRUCTION ENTRANCE cau&laeE rou act Fe>! NO SCALE ,,,,,,,,,.,,,,,,,,0„,..,,,„.,,„,,,,,,,,,,,,,,,,,,,,„Y. ,w r.."'. ��� ui®�... u...s,n.r..w.n lm.�n�s,R.cra.o a Orn. n. .wn�c.«,<Dawn Rw.wwaoo-- ..� Ta w wa..a nm aam or .r 'a o.as.aw.a w®..N m.N.m ��r _ _�� 3 a.asv..arws.n sso.rr w w„m.,.,x..a a ter• .°.n,-;,:,,z':-,,g.,- ...a., ,R smw as vmow.ws Joe Na. ................ 40706.96IL L Exhibit 3 Page 3 of 3 Eng.: Murf Hudson, P.E. DEFERMENT AGREEMENT July 13,2016 By: C.R.R. for Job No. 40706.66.02 LOT 1, BLOCK 1 WESTPOINT CROSSING Item Description Quantity+ Unit Unit Price Total 5% Amount A. SANITARY SEWER IMPROVEMENTS 1 Lift Station 1 LS $259,000.00 $ 259,000.00 2 6" PVC Green C-900 Force Main (DR 25) 7,040 LF $ 28.50 $ 200,640.00 3 6"D.I. 90 Degree Bend (M.J.) 1 EA $ 750.00 $ 750.00 4 6"D.I. 45 Degree Bend(M.J.) 20 EA $ 675.00 $ 13,500.00 5 6" D.I.22 1/2 Degree Bend(M.J.) 3 EA $ 650.00 $ 1,950.00 6 6"Plug 3 EA $ 2,000.00 $ 6,000.00 7 Air Release Valve 3 EA $ 4,300.00 $ 12,900.00 8 12"Steel Casing 44 LF $ 200.00 $ 8,800.00 9 Asphalt Pavement Repair 75 SY $ 90.00 $ 6,750.00 Tie to Proposed Force Main to Existing Sanitary Sewer 1 LS $ 6,000.00 10 Manhole $ 6,000.00 11 Twin 30"RCP with S.E.T. 1 LS $ 4,500.00 $ 4,500.00 12 7"Thick Concrete Driveway 900 SF $ 7.50 $ 6,750.00 13 10"PVC Gravity Line(14'-16'Cut) 368 LF $ 85.00 $ 31,280.00 14 10"PVC Gravity Line(12'-14'Cut) 683 LF $ 78.00 $ 53,274.00 15 10" PVC Gravity Line(10'-12'Cut) 525 LF $ 55.00 $ 28,875.00 16 8"PVC Gravity Line(10'-12'Cut) 158 LF $ 51.00 $ 8,058.00 17 8"PVC Gravity Line(8'-10'Cut) 578 LF $ 44.00 $ 25,432.00 18 8"PVC Gravity Line(5'-8'Cut) 458 LF $ 40.00 $ 18,320.00 19 5'Dia. Drop Manhole(14-16'Deep) 1 EA $ 13,850.00 $ 13,850.00 20 4'Dia. Drop Manhole(12-14' Deep) 2 EA $ 10,500.00 $ 21,000.00 21 4'Dia. Drop Manhole(10-12' Deep) 1 EA $ 10,000.00 $ 10,000.00 22 4'Dia. Drop Manhole(8-10'Deep) 1 EA $ 9,000.00 $ 9,000.00 23 4'Dia. Drop Manhole(5-8'Deep) 2 EA $ 8,500.00 $ 17,000.00 24 2"HDPE Waterline by Open Cut 84 LF $ 20.00 $ 1,680.00 25 2"HDPE Waterline by Boring 163 LF $ 30.00 $ 4,890.00 26 Water Meter 1 EA $ 1,000.00 $ 1,000.00 27 Tie Proposed 2" HDPE Waterline to Exist.Waterline 1 EA $ 2,000.00 $ 2,000.00 28 OSHA Trench Protection 2,870 LF $ 4.00 $ 11,480.00 SANITARY SEWER SUB-TOTAL $ 784,679.00 URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI,TEXAS 78404 361-854-3101 Exhibit 4 Page 1 of 3 Eng.: Muff Hudson, P.E. DEFERMENT AGREEMENT July 13, 2016 By: C.R.R. for Job No. 40706.66.02 LOT 1, BLOCK 1 WESTPOINT CROSSING Item Description Quantity+ Unit Unit Price Total 5% Amount B. WATER IMPROVEMENTS: 1 8" PVC C-900 1,442 LF $ 26.00 $ 37,492.00 2 8"Gate Valve and Box 4 EA $ 1,500.00 $ 6,000.00 3 8"Ductile Iron Tee 1 EA $ 475.00 $ 475.00 4 8"Ductile Iron Bends 4 EA $ 425.00 $ 1,700.00 5 Fire Hydrant Assembly Complete In-place 4 EA $ 3,500.00 $ 14,000.00 6 8"Cap 2 EA $ 250.00 $ 500.00 7 16"x8"Tapping Sleeve w/8"Tapping Gate Valve 1 LS $ 2,500.00 $ 2,500.00 8 Tie to Existing Water Line 1 LS $ 1,000.00 $ 1,000.00 9 Pavement Repair(as Required) 1 LS $ 2,500.00 $ 2,500.00 WATER SUB-TOTAL: $ 66,167.00 C.MISCELLANEOUS ITEMS: 1 General Conditions 1 LS $ 44,000.00 $ 44,000.00 2 Mobilization 1 LS $ 35,000.00 $ 35,000.00 3 Storm Water Pollution Prevention Plan Items 1 LS $ 6,250.00 $ 6,250.00 4 Traffic Control Plan and Items 1 LS $ 4,500.00 $ 4,500.00 MISCELLANEOUS ITEMS SUB-TOTAL: $ 89,750.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $ 940,596.00 ENGINEERING(8%): $ 75,247.68 STAKING AND TESTING(3%): $ 28,217.88 CONTINGENCY(10%): $ 101,250.00 GRAND TOTAL: $ 1,145,311.56 URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI,TEXAS 78404 361-854-3101 Exhibit 4 Page 2 of 3 Eng: Murf Hudson, P.E. Reimbursement Estimate June 1,2016 By: C.R.R. for Job No. 40706.66.02 LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. WATER IMPROVEMENTS: 1 8"PVC C-900 j 330 347 LF $30.00 $10,410.00 2 8"Gate Valve and Box 1 1 EA $1,500.00 $1,500.00 3 Fire Hydrant Assembly Complete In-place 1 1 EA $4,500.00 $4,500.00 4 8"Cap 1 1 EA $250.00 $250.00 WATER SUB-TOTAL: $16,660.00 ENGINEERING,ADMINISTRATION AND SURVEYING @ 15%: $2,499.00 TOTAL REIMBURSEMENT: $19,159.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 4 Page 3 of 3 INSURANCE REOUIREMENTS I. 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 II 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 5 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 5 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi,Texas Department of Development Services CityOf P O Box 9277 City J 1 Corpus Christi,Texas 78469.927' ="1"' Corpus (361)826-3240 Located at: 2406 Leopard Street -_Ch ris i (Corner of Leopard St and Port Ave tamalitssottis 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 informat n. Every question must be answered. If the question is not applicable, answer with"NA". NAME: '�4&j?Jr, ri° ' )�3 � ` 1�` " STREET: Saa�1 Y CITY: L/ t4 (4115.ti'V ZIP: _21dis FIRM Is: ❑Corporation gPartnership ❑Sole Owner ❑Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) }. +y 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 AJ*1k 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 A/O1'1,t, 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 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: Ur! r4 11, Title: (Print) Signature of Certifying Person: Date: / 3/ 9 fY 9 .�i� G�� ��— K tDEVELOPME TSVCSLSNARED\LAND DEVELOPMENIIORDLNANCE ADMINISTRAT1ONV.PPUCAT1ON FORMS1FORMS AS PER IEGAL12012'DCSCLOSURE Of INTERESTS Page 1 of 2 STATEMENT:.27 12DOC Exhibit 6 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 1DEVELOPM3NTSVCS'SHARED'1.AND DEVELOPIIENSW RDINANCE ADMINISTRATIOMAPPI trAT1nN FORMISTORALS AS PER LEGAL 3012,DISCLOSURE OF INTERESTS STA' IENTI2712DOC Exhibit 6 Page 2 of 2 city of Corpus Christi,Texas Department of Development Senicr< City ofP.O.Box 9277 Corpus Christi,Texas 78469-927 Corpus s (361)826-3240 i +117 Located at: 2406 Leopard Street a Ch risti (Corner of Leopard St and Port Ave DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: fi)qemictivl Y$ � .z.s 2,4 STREET. fo � . a r ,l 67.7 4 CITY: �I S L ,�iyil ZIP: FIRM is: ❑Corporation CAPartnership ❑Sole Owner cD Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 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 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 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 Al Ott. 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 r quest- _ = s-tr pplemental statements will be promptly submitted to the City of Corpus Christi,Te s ch s oac Certifying Person: /yc • , '"' M Title: (ey,it 1 - 14— (Print) Signature of Certifying Person: �v 1V S AI\h 6i n 6ftfl'Ihn) r Date: g/51/J K IDEVF3.OPM£NrSVCSSHARFD•LANA DLITLOPME TroRDINANCE ADMINISTRAT oN+APPLICATION FORMS\FORMS AS PER LEGAL2012 DISCLOSURE OF INTERRF_STS STATEMENT I271290C gvhihit fs 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 WDEVELOPMENTSVCSSNARED'LAND DEVELOPMENT-ORDINANCE A[MtINISTRATIONIAPPLICAT'nN FORMSFORMS AS PER LEGAL 2,1L DISCLOSWRE OF INTERESTS STATEMENT'2712 DOC Exhibit 6 Page 2 of 2 City of Corpus Christi, za Christi,Tes Department of Development Sm icn elliCity NM of P O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)626-3240 1�J �7 Located at 2406 L Street = Clh r sti (Corner or Leopard St.and Port Ave) ` . 11 1 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". j �� 1° �1C� NAME: 61/5`6\." irk -Qi ` ` r— STREET: rng CITY: - i a r� ., ZIP: '7r/if FIRM is: ❑ Corporation q Partnership ❑Sole Owner ❑Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) _____ lim I 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". I Name Title &Oa', i 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 f`Ueio, 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°I° or more of the ownership in the above named "firm". Name 1\4\ Consultant 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: `51 44 -5 Yj)h 1 ct S ! Z'i v- Title: I �e'*iJ POV-1Yt (Print) �'`�1 J es-fiiSignature of Certifying Person: \; k uj 1, +4j Date: .\r' K tDEVELOPSMENrSVCSISHARED\LAND DEVELOP p�INAN4'F..ALIML"IS ATID LiCATIO4 FORMSIFORMS AS PER LEGAL110121DISCLOSt1R£OF INTERESTS STATEMENT 127 I2 DOC / FYhihit 6 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. t;.‘DEVELOPMENTSVCSZIIARED\LAND DEVELOPMENPORDINANCE ACNINISTRATIOMAPPLICATION FORMSWORMS AS PER LEGAL.2112,DISCLOSURE OF INTERESTS STAIEMENTI 27 2 DOC Exhibit 6 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of I Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties, Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/08/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County,TX q Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling IIntermediary 5 Check only if there is NO Interested Party. X 6 V I swear,or affirm,uun.•-. Ity of perjury,that the above losure is true and correct • Lir\ JUANA JEAN BANTON r` -^, My Commission Expire: 41111110 June 3,2017 Signature of au I orized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Swam p and subscribed before me,by the said +.14..1+.14..1.1 CA 641i-0i/ I S,this the / day of 40,),is-}-20 1 _,to certify which,witness my hand and seal of office. er In oath Printed name of officer administering oath Title of officer adhunt$te oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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 it there are no interested parties CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties,Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/0812016 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 services,goods,or other property to be provided under the contract. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County,TX q Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of pe ury,that the above disclosure is true and correct. r JUA4lA JEAN BART it �Ccsraftiseion Eatpine 1 ,'^�t in 3.2017 +may ( °N---7-49. Signature o authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE ,f Swot and subscribed before me,by the said T Y A Y}h )4/S nithis the / _ __day of U v)-4 20 ,to certify which,witness my hand and seal of office ,17 Signature of o administering Datil V y Printed name of officer administering oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.stale.tx.us Version V1.0.277 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties,Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/08/2016 being filed. City of Corpus Christi Date Acknowledged: • 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County,TX 4 Nature of interest Name of Interested Party City.State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. o X ' I swe, ,or a r penalty of perjury,that •ove disclosure is true and correct A` JUANA JEAN BARTON fTI My ComnHstitM Expket June 3,2017 p 'toe o authorized 4t of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworri to and subscribed before me,by the said r 11** 4 CIi this the la day of 4 1/,44- 20 I ,to certify which,witness my hand and seal of office. 7 ( .Ci fir. � f� d_ ��Ula4C;�c' h ., IA4 Signature of o r administering oath Printed name of officer administering oath Title of officer Dlinistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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. City Council A tion Date: Legistar Number: 16-1100 (�}� � "2_of y '6eptember e1-6 Agenda Item: Ordinance authorizing city manager or designee to execute a distribution main extension construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a distribution main line and appropriating $19,159.00 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. Amount Required: $ 19,159.00 Fund Name Accounting Unit Account No. Activity No. Amount Water Distribution Main 4030-21806-777 540450 $19,159.00 Trust Fund Total $19,159.00 ❑ Certification Not Required ablUtoL, e)1/1--1/ Cam Director ofI Financial Services Date: atl a-(P ( 2'0( (P