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HomeMy WebLinkAbout031279 ORD - 10/24/2017 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND ' REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, LP. ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $109,354.20 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID 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 water • • arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, LP: ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Royal Creek Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $109,354.20 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line 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 or� ancpy as�ad for the first time and passed to its second readingon this the ` a of (tel) [4.2O17, by the following vote: Joe McComb Ben Molina / Rudy Garza i / Lucy Rubio i 4 -IL 1-ff-1 Paulette Guajardo ( At Greg Smith Michael Hunter (1(4t Carolyn Vaughn 0,,,j, Debbie Lindsey-Opel thy, That the,f `q rgoing ordi n e as read for the second time and passed finally on this the I' '�— y of uab A__.), 2017, by the following vote: Joe McComb Ben Molina / ' / Rudy Garza 4 Lucy Rubio F'I Paulette Guajardo ale Greg Smith 40 1 / Michael Hunter QI ( Carolyn Vaughn �, j0 Debbie Lindsey-Opel 031279 INDEXEC PASSED AND APPROVED on this the ��day of C C71 2 17. ATTEST: Rebecca Huerta ,oe McComb City Secretary Ma or 3127 (, WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP, ("Developer"), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Royal Creek Estates Unit 7 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Royal Creek Estates Unit 7, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the existing 12-inch located on the south side of Oso Parkway for a distance of 1187 linear feet in order to connect to water grid main along Oso Parkway) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline on Oso Parkway for a distance of 1187 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas 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; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Royal Creek Estates Unit 7, Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 1187 linear feet of 12-inch PVC waterline pipe. 2. Install five (5) tees 12 inch 3. Install two (2) 12-inch caps tapped for 2-inch 4. Install four(4) 12-inch gate valves with box 5. Install 14 linear feet of 6-inch PVC waterline pipe 6. Install three (3)fire hydrant assembly 7. Install three (3) 6-inch gate valves with box 8. Install two (2) 6-inch 90 degree elbows 9. Install six (6) 6-inch dia. X 30-inch long PVC pipe nipple b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be Page 2 of 10 credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by October 24, 2018. 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 or 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 fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 24, 2018. f. Either the City or Developer otherwise fails to comply with its duties and obligations under 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 detail the nature of the default and the requirements to cure such default. Page 3 of 10 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 Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer 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 Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, 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. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer 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 has all its remedies at law or 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; epidemic; 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 shall give written notice of the full particulars of the force majeure to the Page 4 of 10 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: 2. If to the City: MPM Development, L.P. City of Corpus Christi ATTN: Mossa Moses Mostaghasi 1201 Leopard Street (78401) 426 S. Staples P.O. Box 9277 Corpus Christi, Texas 78401 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be 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 of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City 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 bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Page 5 of 10 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $109,354.20. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer 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 completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer 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 there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, 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 CITY 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 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 DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR 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 Page 6 of 10 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 SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Royal Creek Estates Unit 7, a subdivision in 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's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Page 7 of 10 Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of 2017. SIGNATURES FOUND ON PAGES 9 and 10. Page 8 of 10 Developer MPM Development, L.P. ATTN: Mossa Moses Mostaghasi 426 S. Staples Corpus Christi, Texas By: Mossa Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., Limited Partnership, and acknowledged before me on the day of , 2017. Notary Public, State of Texas Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta William J. Green, P.E. City Secretary Development Services Interim 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 2017. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED AS TO FORM: This day of 2017. 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MIG 4, Osp IZ +S u: 'R' MiPUS MR5T1,NUECES co ,JRryTES.,4€OAT.µC YUP LAST*AMEN i. a0 H.9[USSR.IDE ABTA'111E NSE O T.6 ©e•e• J FOR THE.0 BAY 4S tY-EP;IO..'.10.-SRR*ATER,M.i S%' or .DE 3cQ:n0 vTtR 4 RE<P£Allw'L. Y� • - SG 5fa..�.t S AT Lor ML n.pis.�>TMN„it WI o• V 0•.1.3324.SLY '• ,IEBARS�BEMBI'Sra�x vrlH.M .23 os n n DIEFT:ESTATE$rE A., C#JTCn soimOAw LIES LL q~.� �G OKT atr .:_U)P*Y'2B'S9•y G'EPJh Y4U SW'C5.CIEM 4WMDAPT Of CC. COURT R.I.5 THE D. E H 1 mh" `: ..N:<'30.S�°R°�D H �!?f?L�C ,,,.,EEA AREAS THE 21.0 PRTUMNARY TxM ccDHn `al"'" P � PLAT OF "421 TES T.Sues.VC a M E E SOT fTT. u ROYAL CREEK ESTATES UNIT 7 F 16. � OTaCR.Ac.[HE TOTAL AREA 0,nos Rum,s s MeF,K e, ' �I� ®sTPErt 0'sr Y I 6 PLANNINGCpM.!SS.1 (CONTINUED) 03.0033;S0 PARR- � 1...,-.:, -__ CORPUS CHRISTI, NUECES COUNTY, TEXAS a.PCOAS-+n ='' 6 °Y12D rE -- • j BASS & uELCH ENGINEERING LAIS err a'4�'��1- 1 EIRH,a. 0-52. 3054 S. ALAMEDA Sr x0t.4siMv: CORPUS CHRISTI. TEXAS 78401 VCR 2 Er 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Royal Creek Estates Unit 7 subdivision, hereby apply for $8,714.28 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $118,068.48 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Mossa Mostaghasi, President of MPM Development, LP. Notary Public in and for the State of Texas APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Royal Creek Estates Unit 7 Subdivision, hereby request reimbursement of$109,354.20, as provided for by City Ordinance No. 17092. $109,354.20 is the construction cost, including 11% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2017, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. Notary Public in and for Nueces County, Texas 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) • PUr.3= C EIMPROVIENIEN-6 -0 ROVA_ CHEEK ES-A7ES LJW 7 cow PUS CHNIM=19 NUECES COUN-Y, -1EXAS _ - I hhLI . i . \ MO ;;;;;;;;P:27.44.7.T.IVHIQW=Ir. LEGEND-PROPOSED MIMES i ! : . .APPURTOPMCES JLJLJUU .77=ZZU.""txrale.`"..t.',..71,1.7.=;'41rN:=Xx MO APPURIENMICES 1 .. ..- . -,.. - ------ - ! a - ----- . .......... ,... .......„ _ ----— ] i I- 1. rgi 2 7.":1.--•.".... ,.. ......, - ..,..-......-...,....z--- . ..... E.-7 EFIE7..t..... .. ...-- I /AM ..- ,GPP :::: =:::,'..'• LEA7InN NAP SHEET INnn, SHEET 1 COVER SHEET AND MISCELLANEOUS INFORMATION CALL BEFORE YOU MC! SHEET A PANNG.GRADING AND ORNNAGE PLAN.STREET AND STORM SEWER PROFILES :--7W-71:71.-1:, t.xnr".xxx=====41"."`..11.==L..==r,•'''f`".' ...PP.Pxx,......1 xx.. 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M 1.1 in wimps sior Nem roftmo w:N 41,1111.0 INION :..;:.Calx.. r�- CDNCRFTE AM -NOR rte.: =� �........_ • �aYYom .� TRIANGULAR SI 'FRAU INSTAR ATION RFOUIRENENTS TYPICAL STREET SECTION - 60' R00 TYPICAL STREET SECTION - N. 050 .PKWY w • EBD -DF -PNC RIPRAP DFTA1 00F ABOVE ENTERING 1010 DETAIL0E OR PIPE OF SITE r we�•`�a_ay.v� TMJ AIM LAzuvro 1r IL'clum .14 POZ-LOC SIGN SUPPORT ASSEMBLY DETAIL - END OF ROAD BARRICADE INSTALLATION (TYPE OY - KB OBJECT MARKERS) • 7.4 TYPICAL STREET SECTION -50. Row STOP SIGN INSTALLATION FDR RESGENTIEL PITENSECT•ONS RB.ASS Ats NELSx ENGINEERIgO WDLIE IxPRDVCxENTS TOn CREEK ESTATES UC CORPUS CHRISTI, NUEccs co. Tx STREET, SIDEVALK AND DRAINAGE DETAILS anwwe�n�m`... vmy� NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@aol.com TX Registration No.F-52 361 882-5521--FAX 361 882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 ROYAL CREEK ESTATES UNIT 7 12"WATER GRID MAIN REIMBURSEMENT ESTIMATE 09/07/16 12"WATER GRID MAIN ITEMS REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 1187 LF 60.00 $71,220.00 2 12"TEE 5 EA 850.00 4,250.00 3 12"CAP TAPPED FOR 2" 2 EA 350.00 700.00 4 12"GATE VALVE WITH BOX 4 EA 3,200.00 12,800.00 5 6"PVC PIPE 14 LF 32.00 448.00 6 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000.00 7 6"GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6"90°ELBOW 2 EA 300.00 600.00 9 6"DIA X 30"PVC PIPE NIPPLE 6 EA 250.00 1,500.00 $106,368.00 SUBTOTAL $106,368.00 • 11%ENGINEERING,SURVEYING&TESTING $11,700.48 TOTAL CONSTRUCTION $118,068.48 LESS CITY WATER ACREAGE FEE -$8,714.28 TOTAL AMOUNT REIMBURSABLE $109,354.20 • • • Page 1 of 1 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 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 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. 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 4 Page 3 of 3 Dac** 28641344346 ASSUMPTION WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LiCENSE NUMBER. Date: August 423 , 2004 Grantor: MOSSA MOSTAGHASI d/b/a MPM Homes Grantor's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Grantee: MPM DEVELOPMENT, L.P. Grantee's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Consideration: Ten Dollars ($10.00) and other good and valuable consideration paid to Grantor by the Grantee, and the Grantee's assumption of the unpaid principal and interest on two notes:(i)one certain note in the original principal sum of$725,000.00 dated April 13,2004,payable to the order of First National Bank which is secured by the prior and superior vendor's lien on Tract One(1), and by a first lien deed of trust(to said Tract One)of even date from Grantee to Michael V. McCarthy, Trustee;and(ii)one certain note in the original principal sum of$1,045,000.00 dated April 13,2004, payable to the order of First National Bank,which is secured by a prior and superior vendor's lien on Tract Two (2) of the Property and by a first lien deed of trust(to said Tract Two) of even date from Grantee to Michael V.McCarthy,Trustee. Grantee agrees to indemnify and hold Grantor harmless from the payment of the note and from the performance of the Grantor's obligations specified in the instrument securing payment of the note. Property: Being 108.037 acres of land, more or less, out of Lots Six(6), Seven (7), Ten(10), Eleven(11), Twelve(12), Thirteen(13), Twenty(20), Twenty-one(21),Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes,and being more particularly described in two(2)tracts as follows, to wit: • ASSUMP we Page TRACT ONE (1): Description of an 87.534 acre tract of land, more or less, a portion of Lots Six(6), Twenty-twoSeven ( (12),7), Ten (10), Eleven (11), Twelve (22) and Twenty-three(23), SSectionTwenty-two 0(22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County,Texas,and being a portion of a 183.86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 87.534 acre tract as further described by metes and bounds as shown on Exhibit"A" attached hereto and incorporated herein. TRACT TWO (2): Description of a 20.503 acre tract of land, more or less, a portion of Lots Twelve (12), Thirteen (13), Twenty (20), and Twenty-one (21), Section Twenty-two (22), FLOUR BLUFF AND ENCJNAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed at Document No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as shown on Exhibit "A" attached hereto and incorporated herein. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, conditions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regulations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property,and ad valorem taxes for the tax year 2004, which are hereby assumed by the Grantee. Notwithstanding disclosures required by law to be given by Seller(s)to Purchaser(s) prior to and/or contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described,that with this conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(S)AND GRANTEE(S)ACCEPTS SAID PROPERTY IN"AS IS" CONDITION, WHERE is, AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN,AND EXPRESSLY WITHOUT ANY WARRANTIES,REPRESENTATIONS OR GUARANTIES,OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (I) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (II) THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS,IF ANY,ON THE PROPERTY,AND (III) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT,DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO,THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOSING OF ANY SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL ASSUMP.we Papa 2 PROTECTION AGENCY REGULATIONS AT 40 C.F.R.PART 2261,OR HAZARDOUS SUBSTANCE,AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1990,AS AMENDED,AND REGULATIONS PROMULGATED THEREUNDER_ FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT,REPRESENTATIONS oR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON,UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee(s) acknowledges sole reliance upon Grantee's own inspections and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or promise or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,grants,sells,and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors,administrators,successors,or assigns forever. Grantor binds Grantor and Grantors heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same of any part thereof, except as to the reservations from and exceptions to warranty. When the context requires, singular nouns and pronouns include the plural. MOSSA MOS' AGHAST d/b/a MPM Homes THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the Mostaghasi, d/b/a MPM Homes. day of August,2004, by Mossa (7, , ; JoyceFefgus Noty .lic, State of 'xas \Notary Public,Sfax of Tans u .yessusiqe�=°.•� P€tIL 11,2005 • • ASSUMP.wd Page 3 escrow File No.: 031337066 EXHIBIT "A" Being 108.037 acres of land,more or less,out of Lots Six(6),Seven(7),Ten (10),Eleven (11),Twelve(12),Thirteen(13),Twenty(20),Twenty-one(21),Twenty-two(22),and Twenty-three(23),Section Twenty-two(22),FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,as shown by the map or plat thereof,recorded in Volume A,Pages 41- 43,Map Records of Nueces County,Texas,to which reference is here made for all pertinent purposes, and being more particularly described in two(2)tracts as follows,to-wit: TRACT ONE(1): Description of an 87.534 acre tract of land,more or less, a portion of Lots Six(6),Seven(7), Ten(10),EIeven(11),Twelve(12),Twenty(20),Twenty-one(21),Twenty-two(22)and Twenty-three(23),Section Twenty-two(22),FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,a map of which is recorded in Volume A,Pages 4I through 43,Map Records of Nueces County,Texas,and being a portion of a 183.86 acre tract of land described by deed recorded at Document No.898387,Official Public Records of Nueces County,Texas,said 87.534 acre tract as further described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set in a southwest boundary line of a 43.60 acre tract of land described in Document No. 1997010298,said Official Public Records,said beginning point for a north central corner of the tract herein described and said beginning point hears S 60 deg. 57'50" E,466.00 ft front a 5/8 inch iron rod found for the westernmost corner of Lot 1,Block 2,Cimmaron Ranch Unit 1,a map of which is recorded in Volume 58, Pages 100 and 101, said Map Records; THENCE, S 60 deg.57' 50" E,along said southwest boundary line of a 43.60 acre tract,a distance of 634.17 ft.to a 5/8 inch iron rod set for interior central northeasterly corner of the tract herein described and southeast corner of said 43.60 acre tract; THENCE,N 29 deg.02' 10" E,993.90 ft.along the southeast boundary line of said 43.60 acre tract to a 5/8 inch iron rod set for a northeasterly corner of the tract herein described and interior easterly corner of said 43.60 acre tract; THENCE,N 87 deg.57'21" E, along an easterly boundary line off said 43.60 acre tract,at 19.60 ft pass the southernmost or southwest right-of-way corner of Safety Steel Drive,a public road,and continuing along the south right-of-way line of said Safety Steel Drive,in all a distance of 270.57 ft. to a 5/8 inch iron rod found for the northernmost or northeast corner of the tract herein described and northwest corner of the northeasterly portion of a 75.757 acre City of Corpus Christi tract of laud described by deed recorded in Volume 2138, Page 624,Deed Records of Nueces County,Texas; THENCE,along a westerly boundary line of the northeasterly portion of said City of Corpus Christi tract,S 01 deg.56.35" E,790.30 ft.to a 5/8 inch iron rod set for the northeasterly corner of the herein described tract and westerly corner of said northeasterly portion of City of Corpus Christi tract; THENCE,S 31 deg.00'54" W,421.22 ft. along a westerly boundary line of said northeasterly portion of City of Corpus Christi tract,to a 5/8 inch iron rod set for interior easterly corner of the tract herein described; THENCE,continuing along a westerly boundary line of said northeasterly portion of City of Corpus Christi tract,S 01 deg. 18'30" E,848.61 ft.to a 4 inch iron rod found for the southeast corner of the tract herein described and interior central easterly corner of said City of Corpus Christi tract; THENCE,S 59 deg.07' 18" W,along a northerly boundary line of the southwesterly portion of said City of Corpus Christi tract,a distance of 394.19 ft.to a 5/8 inch iron rod set at the point of curvature of a circular curve to the right having a central angle of 55 deg. 00' 39", a radius of 1824.50 ft.and a chord bearing S 86 deg.29' 54" W,a distance of 1685.23 ft; THENCE, along the arc of said circular curve to the right,being along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract,a distance of 1751.74 ft.to a 4 inch iron pipe found at the point of tangency; THENCE,N 66 deg.00' 24"W,along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract,a distance of 803.30 ft.to a 4 inch iron pipe found at the point of curvature of a circular curve to the left having a central angle of 15 deg.55' 54",a radius of 498.08 ft. and a chord bearing N 73 deg.48'36"W,a distance of 138.05 ft.; THENCE,along the arc of said circular curve to the left,being along said northerly boundary line of the southwesterly portion of said City of Corpus Christi tract,a distance of 138.50 ft.to a 5/8 inch iron rod set for the westernmost corner of the tract herein described,easternmost corner of a 69.12 acre City of Corpus Cbristi tract of land described by deed recorded in Volume 2092,Page 778,said Deed Records,said westernmost corner being in the southeast boundary line of a 42 ft.wide drainage easement described by deed recorded in Volume 2035,page 665,said Deed Records,said westernmost corner of the tract herein described also being the westernmost corner of said 183.86 acre tract described in Document No.898387; THENCE,along the northwest boundary line of said 183.86 acre tract,being along the southeast right-of-way line of said 42 ft.wide drainage easement and along the northwest boundary lines of said Lot 20,Section 22,N 29 deg.02' 10" E,1111.10 ft.to a 5/8 inch iron rod set for the northwest corner or westernmost north corner of the tract herein described; THENCE,S 60 deg.57'50" E,448.00 ft. to a S/8 inch iron rod set for interior westerly corner of the tract herein described; THENCE,N 29 deg.02' 10" E,20.00 ft.to a 5/8 inch iron rod set for westerly corner of the tract herein described; THENCE,S 60 deg.57' 50"E, 110.00 ft.to a 5/8 inch iron rod set for westerly corner of the tract herein described; THENCE, S 29 deg. 02' 10" W, 310.13 ft. to a 5/8 inch iron rod set for interior westerly corner of the tract herein described; THENCE, S 66 deg. 00' 24" E, 312.15 ft. to a 5/8 inch iron rod set at the point of curvature of a circular curve to the left having a central angle of 12 deg. 28' 44", a radius of 1074.50 ft. and a chord bearing S 72 deg. 13' 56" E, a distance of 233.56 ft.; THENCE, along the arc of said circular curve to the left, a distance of 234.02 ft. to a 5/8 inch iron rod set for central interior corner of the tract herein described; 'THENCE, N 29 deg. 02' 10" E, 362.06 ft. to a 5/8 inch iron rod set for central interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W, 240.00 ft. to a 5/8 inch iron rod set for central corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 110.00 ft. to a 5/8 inch iron rod set for central corner of the tract herein described; THENCE, S 60 deg. 57.50" E, 43.77 it. to a 5/8 inch iron rod set for interior central corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 320.00 ft. to a 5/8 inch iron rod set for north central interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W, 35.52 ft. to a 5/8 inch iron rod set for north central corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 360.00 ft. to the POINT OF BEGINNING. TRACT TWO (y): Description of a 20.503 acre tract of land, more or less, a portion of Lots Twelve (12), Thirteen (13), Twenty (20) and Twenty-one (21), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a map of which is recorded in Volume A, Pages 41 through 43, Map Records, Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed recorded at Docunsent No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as follows: BEGIINNING at a 5/8 inch iron rod found for the westernmost corner of Lot 1, Block 2, Cin naron Ranch Unit 1, a map of which is recorded in Volume 58, Pages 100 and 101, said Map Records, said beginning point for the northernmost or north central corner of the tract herein described; i'HENCE, along the southwest boundary line of said Block 2, Cimmaron Ranch Unit 1, and along a southwest boundary line of a 43.60 acre tract of land described in Document No. 1997010298, said Official Public Records, S 60 deg. 57' 50" E, 466.01 ft. to a 5/8 inch iron rad set for the easternmost or northeast corner of the tract herein described; THENCE,S 29 deg.02' 10"W,360.00 ft.to a 5/8 inch iron rod set for central interior easterly corner of the tract herein described; THENCE,S 60 deg.57' 50"E,35.52 ft.to a 5/8 inch iron rod set for central easterly corner of the tract herein described; THENCE,S 29 deg.02' 10" W,320.00 ft.to a 5/8 inch iron rod set for easterly corner of the tract herein described; THENCE,N 60 deg.57' 50" W,43.77 ft. to a S/8 inch iron rod set for interior corner of the tract herein described; THENCE,S 29 deg.02' 10" W,110.00 ft.to a 5/8 inch iron rod set for southeasterly interior corner of the tract herein described; THENCE,S 60 deg.57'50" E,240.00 ft.to a 5/8 inch iron rod set for southeasterly corner of the tract herein described; THENCE,S 29 deg.02' 10" W,362.06 ft.to a 5/8 inch iron rod set for the southernmost corner of the tract herein described and being in the arc of a circular curve to the right having a central angle of 12 deg.28'44",a radius of 1074.50 ft.and a chord bearing N 72 deg. 13' 56" W,a distance of 233.56 ft.; THENCE, along the arc of said circular curve to the right a distance of 234.02 ft.to a 5/8 inch iron rod set at the point of tangency; THENCE,N 66 deg. 00' 24" W,312.15'toe 5/8 inch iron rod set for southerly corner of the tract herein described; THENCE,N 29 deg.02' 10" E,310.13' to a 5/8 inch iron rod set for interior southerly corner of the tract herein described; THENCE,N 60 deg.57' 50" W,110.00 ft.to a 5/8 inch iron rod set for central interior southerly corner of the tract herein described; THENCE,S 29 deg. 02' 10" W,20.00 ft.to a 5/8 inch iron rod set for southwesterly corner of the tract herein described; THENCE,N 60 deg.57'50" W,448.00 ft. to a 5/8 inch iron rod set for the westernmost cornea of the tract herein described in the northwest boundary line of said Lot 20,Section 22 and southeast boundary line of a 42 ft.wide drainage easement described by Instrument recorded In Volume 2035,Page 655,Deed Records of Nueces County,Texas; THENCE,along the northwest boundary line of said Lot 20,Section 22 and said Lot 13, Section 22 and northwest boundary line of said 183.86 acre tract N 29 deg.02' 10" E, 685.00 ft.to a 5/8 Inch iron rod set for the northwest or northernmost western corner of the tract herein described and westernmost corner of a City Park as shown by said plat of Cltnmaron Ranch Unit 1; • THENCE,S 60 deg.57' 50" E,along the southwest boundary line of said City Park and • southwest right-of-way line of Rock Crest Drive,a distance of 400.24 ft.to a 5/8 inch iron rod set for central interior northerly corner of the tract herein described and southernmost right-of-way corner of said Rock Crest Drive; THENCE,N 29 deg.02' 10" E,90.00 ft., along the southeast right-of-way line of said Rock Crest Drive to a 5/8 inch iron rod set at the point of curvature of a circular curve to the • right having a central angle of 90 deg.00' 00",a radius of 10.00 ft. and a chord bearing of N 74 deg.02' 10" E,a distance of 14.14 ft.; THENCE,along the arc of said circular curve to the right,being along a southeast right-of- way line of said Rock Crest Drive,a distance of 15.71 ft.to a 5/8 inch iron rod set for interior central northerly corner of the tract herein described and southeast corner of the right-of-way of said Rock Crest Drive; THENCE,N 29 deg. 02' 10"E,along a southeast right-of-way line off said Rock Crest Drive,a distance of 50.00 ft. to a 5/8 inch iron rod set for north central interior corner off the tract herein described and southeast right-of-way corner of said Rock Crest Drive and being in the arc of a circular curve to the right having a central angle of 90 deg.00' 00",a radius of 10.00 ft.and a chord bearing N 15 deg.57' 50"W, a distance of 14.14 ft.; THENCE, along the arc of said circular curve to the right,being along an easterly right-of- way line of said Rock Crest Drive,a distance of 15.71 ft.to a 5/8 inch iron rod set at the point of tangency; • THENCE,continuing along a southeast right-of-way line of said Rock Crest Drive,N 29 deg. 02' 10"E,90.00 ft.to the POINT OF BEGINNING. AFTER RECORDING RETURN To: David L. Smith Doclt as:184044344 5350 S. Staples St., Suite 407 8 Pages 8 612884 Corpus Christi, Texas 78411 Filed eecorde88:33:59 AN Filed I 8 RRed in Official Records of NIECES COUNTY • DIANA T. BARRERA COUNTY CLERK Fees $27.88 • STATE OF TEXAS COUNTY OF NUECES t hereby certify that this a1stmment was FILED in Fits Number Sequence on the date and at the time stamped herein by me,end was duly RECORDED.in the Official Public Records of Nueces County.Texas [t COUNTY CLERK ,, idtton'heteln orettatmlittrtra 18e01r lvae 0 NUECESeMITY,IMO ottha�ssoritefREAfPFtOPERTIttSeisr8e.?rR �e Co1ar. •aeygteni3ex.itranderir Fatr�4 al• ib7i Is r tideand•tmd+Moatiable under t itAE• X89 MPM Homes, Inc. Moses Mosthgllast. 301-774-3R32 April 26,2016 MPM Development, LP is the owner at Royal Creek Estates Unit 7. I Mossa(Moses)Mostaghasi authorize on behalf of MPM Development, LP for the development of Royal Creek Estates Unit 7 Mossa(Moses) Mostaghasi PO$oX 331308 Corpus Cir%st% TX y-5E4o3 FAX: 361-8SS-y-602 Cin or Corpus Christi,Tesas Department of neselopmcni Scrnecs City of Corpus Pa Dos 9277 pus CorChnsn1;61)82613,47:169-92 3Texas240 7 469-9277 -- Located at 2406 Leopard Sure! �' =Christi (Corm of Lcopanf Si and Pon Asc.) 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: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: El Corporation 0 Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NA NA 2. State the names of each 'official" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission,or Committee NA NA 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi - Title: General Partner (Print) Signature of Certifying Person: `r4241kt&iria.d., Date: 8/1/17 I. DEVELOPVENTSVCSSIFARED,L AND DEVELOPMENDORDINANCE AD41tNISIRATIOMAPPUCATION FORNISFOR1/415 AS PER LE GAL.2OI2DFSCLOSURE OF INTERESTS 5"sTEN1EN71 2`7 12 DOC aiskiiiidoar Page 1 of 2 • DEFINITIONS a. "Board Member". A member ofany 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 IDEVELOPMEATSVCS<SI{ARED%LAND DEVELOPMENTIORDI"NCE ADMIN15TRATIONtAPPLICATION FORAtSTOR.MS AS PER LEGAL\2012IDISCLOSURE OF INTERESTS SfATE'IENTI 27 12 DOC Exhibit 5 Page 2 of 2 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 Action Date: Legistar Number: 17-1290 October 17;2017 Agenda Item: Ordinance authorizing city manager or designee to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with MPM Development, LP., ("Developer"), for the construction of a water grid main extension line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Amount Required: (Amount to be Certified) $ 109,354.20 Fund Name Accounting Unit Account No. Activity No. Amount Water Arterial Transmission and Grid 4030-21805-777 540450 $109,354.20 Main Trust Total $109,354.20 ❑ Certification Not Required ThrrDirector of Financial Services Date: OCT 1 6 2017