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HomeMy WebLinkAbout031621 ORD - 12/04/2018 Ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $183,810.74 from Water Arterial Transmission & Grid Main Trust Fund to reimburse Developer 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 8 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $183,810.74 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. 031621 SCANNED That the orgoing ordnance was read for the first time and passed to its second reading on this the 1 'day of n[W 'w)OesYt1018, by the following vote: Joe McComb —(4-- Ben Molina Rudy Garza ____4___ Everett Roy ___O (1)„L_ Paulette Guajardo Lio Michael Hunter (bolA0- Greg Smith —aidi, Debbie Lindsey-Opel —14--- That the foregoin ordinance was read for the second time and passed finally on this the �}`r`'"day of • .. X2018, by the following vote: Joe McComb ___CV. Ben Molina ____Ji— Rudy Garza Everett Roy Paulette Guajardo --(11Lacy-Rubio v Michael Hunter Greg Smith _ajl Debbie Lindsey-Opel PASSED AND APPROVED on this the day of De 018. ATTEST: City of Corpus Christi: t -dam. . Rebecca Huerta Jo cComb City Secretary Ma r ,,,,, , 31 6 ,_ 1 1. 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, and MPM Development, LP, ("Developer/Owner"), a 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 February 21, 2018 with approval extension by the Planning Commission on August 22, 2018 to develop a tract of land, to wit:approximately 10.544 acres known as Royal Creek Estates Unit 8(near the extension of Rodd Field Road at Oso Creek)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 Arterial Transmission and Grid main extension ("Grid Main Extension"); WHEREAS, it is in the best interests of the City to have the Grid Main Extension on be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending a Grid 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. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5.The City is acting as trustee to further its governmental functions of providing water and sewer service.Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same,or in anywise loan its credit. As such,the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION Developer/Owner shall construct the Grid 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. 3. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare and seal plans and specifications for the Grid Main Extension, as shown in the attached Exhibit 3,the content of such exhibit being incorporated by reference into this Agreement,with the following minimum requirements: 1 12"PVC PIPE 1384 LF 2 12"CAP TAPPED FOR 2" 1 EA 3 12"TEE 4 EA 4 CRUSHED STONE EMBEDMENT FOR 12"WATER 1384 LF 5 DEWATERING FOR 12"WATER 1384 LF 6 6"PVC PIPE NIPPLE 9 EA 7 6"GATE VALVE WITH BOX 3 EA 8 6"90'ELBOW . 3 EA 9 FIRE HYDRANT ASSEMBLY 3 EA b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specification must be approved by the City's Development Services Engineer. 4. SITE IMPROVEMENTS Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional utility easements"Easements", if necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5. PLATTING FEES Developer/Owner shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC. 6. DEVELOPER/OWNER AWARD CONTRACT FOR IMPROVEMENTS • Developer/Owner shall award a contract and complete the improvements to Grid Main Extension, under the approved plans and specifications, by December 11,2020. Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 2 of 10 7. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 8. 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. 9. 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 by City Council. b. Developer/Owner'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/Owner 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/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the project, under the approved plans and specifications,on or before December 11, 2020. f. Either the City or Developer/Owner otherwise fails to comply with its duties and obligations under this Agreement. 10. 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. 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/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty, and should 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 Developer/Owner by reducing the reimbursement amount due Developer/Owner. Standard Fonn Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 3 of 10 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 Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that 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 equity for such default. 11. 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 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. 12. 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: MPM Development, L.P. Attn: Mossa Moses Mostaghasi 426 S. Staples St. Corpus Christi, Tx 78401 • Standard Forth Medal Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 4 of 10 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 Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi,Texas 78469-9277 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. 13. THIRD-PARTY BENEFICIARY Developer/Owner'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. 14. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor,then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent;or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll- free telephone number. 15. WARRANTY Standard Form Arterial Iran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 5of10 Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT a. The cost for the Grid Main Extension less$7,578.26 lot/acreage fee credit is $183,810.74. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds,the City will reimburse the developer,the reasonable actual cost of the Grid Main Extension up to an amount not to exceed$183,810.74 as shown in the attached Exhibit 4,the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. 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. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work constructed 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. The final 5%of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. e. 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/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 there is an uncured default by the Developer/Owner. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments,credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC§8.5. Developer/Owner understands and agrees that if funds are not Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 6 of 10 available in the Water Arterial Transmission and Grid Main Trust Fund,that reimbursement will not be made until such funds are available, appropriated,and this Agreement has priority per UDC§8.5.1. C. 18. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from 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/Owner'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 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, Standard Form Arterial Iran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 7 of 10 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/owner 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. 19. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer/Owner to another with the written consent of the City's City Manager. 20. DISCLOSURE OF INTERESTS Developer/Owner agrees,'in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 6. 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/Owner from and after the date that all original copies have been executed by all.signatories. 22. DEDICATION OF GRID MAIN EXTENSION. Upon completion of the construction,dedication of Grid Main Extension will be subject to City inspection and approval. 23. VERIFICATION REGARDING ISRAEL. In accordance with Chapter 2270,Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf Standard Form Medal Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 8 of 10 of the Developer/Owner verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities.These interested parties include: (1) persons with a"controlling interest"in the entity,which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members;or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at httos://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos://www.ethics.state.tx.us/IeoaUch46.html. 25. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htto://www.cctexas.com/oovernment/city: secretary/conflict-disclosure/index 26. 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. Remainder of page intentionally left blank; signature page to follow. Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 9 of 10 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services For City Manager APPROVED AS TO LEGAL FORM Buck Brice (Date) Assistant City Attorney For City Attorney MPM DEVELOPMENT, L.P. .--- Tossa Moses Mostaghasi General Partner STATE OF kyn 5 § COUNTY OF Imo{.,D § This instrument was acknowledged before me on0Vf1R..bQ.,Q. 2.,2 , 2018, by Mossa Moses Mostaghasi, General Partner of MPM Development, L.P., a Limited Partnership, on behalf of said corporation. ( CINDY HEN° > 2P D# 1178588.3 > N lies Signature ( •: Notary Pub c STATE OF TEXAS ( , My Comm Exp 11-04 2019 > o v v v v v New v v v v v v Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 10 of 10 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 8 subdivision, hereby apply for $7,578.26 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. _.....I/ 10-2q- I8 , • sa - aghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on I. „14- , 2018, by Mossa Mostaghasi, President of MPM Development, LP. . — - - .. .. .. .. .m.. .. .. ..4. < eot,,°p:.a CINDY BUENO ) c( , ��'� ID #1178588.3 ) 1.( /�� Notary c NotaryPublic' and forte State of Texas • y� ) es • t. :`< STATE OF TEXAS fc;'E`er rv1y Comm Exp 11 04-2019 > 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 8 Subdivision, hereby request reimbursement of$183,810.74, as provided for by City Ordinance No. 17092.$191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. (v-24-1 Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on kp}i' J .)4 , 2018,by Mossa Mostaghasi, President of MPM Development, LP,on behalf of the said corporation. :.,, CINDY BUENO > r--/ ID #1178588-3 t'[ `,j Notary Pubic STATE OF TEXAS 't My Comm Exp 11.04-2019 > I - - �--- - Notary Publt 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) Exhibit 1 .TE OF rEUS 9 stet a Mus 9 c0caErc m wtEt_ 9 tau,Or rArECES I 1...).Kul,CERTIF.mAT.A.THE KUL..A Flu .E Wase w.0 OCCArrw Far M PURPOSES NA CCMSIOTE43,S MERSIN Can.. M TUE uw FyOnrtE0 res.TRE eaMnniEs ,RF McErS0T6 uA AND AT wE APwct AE.Rru oE41.0.0 r.i.1oTE9T E r Twr Ai AaE 11. 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TEAMS 78404 SKi,t 5 2 Exhibit 1 waaP.N88.4I''a30'E i 51.16'301E 28 07-•\ eI Ha CO'i1t 14 i N88141'30'E 50.00'1 I\I � ©. a: i e 2, v vI ikY CURVE DA-4 z // � so 'I§ C - io II .E;} taa ! � �aSAM NILS i m�"Te_ I{ ' 2.41017 A 030.,.95'' \\ ° / r s ' YI aaw".00637 s a > T it'll \ C'213''''' F..X; \3\ tS 1, \ \ '� C' , y „, in` 1 12117 rr O o { �_� i a� � n Ers,s-4,ssN 210124.01/WE \ / \.w\X p v N i 1416 21' 4417:24 ssya ' 2624 A' CAVA to 0442,02. d m ' \ 1 W. 'M::,,..1! :YI , O'.ocv,' -..-"1' O w -- ' \ :� n.97.1:131:"'" \ \ /� s 36 / v 1sr g/ N $ xvo , / L'/ � 390s \` / h / 1q.A\ � /:K y � °�a O1-�'. .w \-..- � xop to. .`ci 62 \ / ,'9 ,I ry ,, 377 . ff', a \ \ � �' j 6 9. I A mr 4:L. ^_• ci 1 ?�' .,,,,A,.4%-- ,,,,,--- *�'/ P v\ te ♦ zs°° `° ` R nw s<42 ` cI �%: `�° /, / .sem a §'\ p.` � `%,,e•6c6`e9 1 L -7— __p 0 • \ -gyp ' .. // CwlSt1,i.2,ae.P 6N.2 ____o �� W sECrA.n� r �2 .. O_______-- A11201 ap� zm _.` ..-u nR n, ::::I (v,C�Ls1ll 4.: o§ ��>oi -.----- i u 11 / Q iF E, m _fir—_— ctm' _-- TIM n ^�'I e i tt i�n um vle v— -Mr ilEm„ PLtNPGC^uhf J;S5:ON . 10 �is N•� ® 1:evs r ,tem sP 1 _-- as`�' 8,4 ,teas iT tms it $ ---.6. � 0 36' 60' 120' ® it :—___�$—a'�' !��/a, scale i•=60 8 i i PLAT OF ROYAL CREEK ESTATES UNIT 8 "...A4` u.n. CORPUS CHRISTI, NUECES COUNTY, TEXAS '74-.9,.a-aa.•x BASS B WELSH ENGINEERING IMA ROA.AIWA I 'a• - ac FIRM MO 1-52, 3051 S. RLM[DA ST CORPUS CHRISTI, TEXAS 78404 i sem, z w Exhibit 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 8 subdivision, hereby apply for $7,578.26 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. l0-24- 18 sa aghasi,C77President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Q,A.u. ,1V -I. , 2018, by Mossa Mostaghasi, President of MPM Development, LP. /-',0":.76,. CINDY BUENO > :ft;\I , ID #1178588.3(•( t11,41-1 ( �,1V s'..y� ? '� STATE Pub c Notary Publand for the State of Texas �, ........�, EOFTEXAS 'F;� My Comm Exp 11 04 2019 v v 4 ✓v v v v—V p Exhibit 2 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 8 Subdivision, hereby request reimbursement of$183,810.74, as provided for by City Ordinance No. 17092.$191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. iv-24 -1 v Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § I ry t This instrument was acknowledged before me on �� - „ ,.t ,r, ,2018,by Mossa Mostaghasi, President of MPM Development, LP,on behalf of the said corporation. CINDY BUENO > a (? A ID #1178568-3 ) i'{ Notary Publ c < '•. y STATE OF TEXAS> (# (' (}.,,t.� �I Ii *'- Nt Comm Ex }1.04.2019 1� T 1 ♦ v v v v �/4 J ., ., ., ..,.. Notary Publit 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) PUBLIC °IMPROVEMENTS TO ROYAL CREEK ESTATES UNOT 8 CORPUS CHRIST° NJC IES COUNTY, TEXAS 5 I 3 i serarinik.rs".illa74."."-r--larar. =END-MOM PCIL/OPS POP213._c_INMPLAKSB/3_ ...T.IILL=J4LMA W.V..*.`...= we APRS/1P.M MUMMY= LJULJULJ - . . ....,,....., ...3 11.,.....=... ''''' . ............ .. ........., . ... _ ir.:,,A.-..... . ...,,,. ... ,-- L_.......11•FrAi' . ....,„..., ['''. = =A:::::LW' r, ........ e -......-. .. ......... Fr-,' Ft."----- - ---- \ inn 111 /1 •a- ziarfiAr-r— ra r.....,+an a. a. aa a aaar a ar ... «traral.1%9:474 Tata:7""''''''' r• ..*ma a. a. warm .... .....,...., . ...................., - ......-.:,.."1114.="""''"'"" 101111111110'..* ..r.. a ''''.....P.....:.............,..... .. ............... .. .m ......... 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' v,r.n-a•a5 / .. .. s z Ihdablt3 IO.0 19+00 20+00 2,+00 ]3+00 �.r•,n'2a.00�m 34+00 25+00 28+00 20+10 20+00 9+ ab+00 31.00 12+ 00IS 15 —____________A____ Tr r.•.v . x v••inn`n �7i_---_ xu.._v--- r xu..ru _ .`_ er•! A,iii r � m n n •NrcA 'We�i - iv n n_ • . iC!'�..�.. ,.n35fd�'P.' .a.A. o R sworn r-ss.ENE•••Lao PMNN.T, !•r,....:"". t• 93 e. • I —I—o n ,t t• 11/ i of —"`7a c W.I f I M I� km Ia;�31, 4a, la:{ ' N Pr's •c; R^� Pn' IM�e ,11310itigt:misz ,,, _j . ---,4.....\ ,t ....... `,, ! 41:747t.Z.,... " -**--'..- \,soO" , 7:4\‘'\'\'.,;' Jnr .., , I; .116, a n2. —__Ii 4, t �\ 13 ,+00 2+00 '-'35 11 All APIC SS OK•C PO 3511 ,Alli (11100.1-i � A4 -'r - 6 mer I R. ' �S• j ® ?�a - 1 i ,r �4:i Inc WNss WV lPI AEnl. :--11111111111-1116----I.- —• u ? — ` • • 111 1511.5.IP/5515111 ' y ,L• A --- tAr .avim 11 B ..L.A SwEELS8ENGNERIa ! Ts : t ; �- ..�p 11 5152111,551115 22 Ol151111P55 MALL ICU .R ....maw.• iNoe.. R,11 MD µK iC IMPROVEMENTS TO 1 CORPUS ENRCREEKESTATES co. I --- n. I re,EEcES N 1 0 I� SANITARY SEVER AND WATER PEM L PRSILE • sr na i�.�..°�i•naonn� - r.r.n-a as ,4 MAIS.P.515 +..• ... JIM— Exhibit 3 EST IMATE SUMMARY prunON PREVENT ION NOTES nee ma sea a ate Amm,ow am ' !MPS IsATIIRIEFrip&A.VirjArvi,.., 'PWArATT4"srUmV370,4.:17,"7oriliA..:1 sei Nowa AMAT mm ma=sew A*. NA ........ me tr N.ea •• v ViViW:i.,,L:t R::::1:24;Tgen'in 475:e2Vea:F`;TiCtalk;Zvre r ae.rawevele e se vs " '' v mee ee w v..... •• e ' :MIME=Igfireatrre,Ire rep v r ex swum Imam Re w a-we. . . "I"T'77:'":'"'Ui"'TMZ""'‘'.""11'""" "''''.14.:`•"7...al.ra.12:E"k".:7":4Z•47' ............. „, . ,... •• ••=amuse at a, • ••••• a 'T0`,701.'mr.raL.,,,,-,7,....-.Notarr..1. --gr,----T.---.1.-4•74r.t.p..tr...r.h.l.-,. 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I I " H au ma,•••••••••• l'r•: ,,,,..•' .....,, .....I • am mat ma. n •• •-,5i , .., ''. ./'.-- tiFP-1-1 - --- -- ,_-- 0 ,,:".t.,‘ \ -2..„...-• ,=Ira.., NC I ;r: 10411144.111 3 i . — ODOM 6144 *0 4 iiiigloittiori '404.1t.1:1" a "orra.07•Wctra•a • 04 -Ovi NI 1to t_— BASS A WELSH ENGINEERING g''. - II° ..,---------------- SUTIMENT:1107SC7NTo a:NIErn 1111111511' 711;AII7/7" '31;....'PURL IC IMPROVEMENTS TO CI 1 g Ott 1,,, A egmfirmr.".Amm•=..................... ' ArWt14144 ROYAL CREEN ESTATES UNIT B _--. CCRPUS CHRIST I.NUECES CO. TS — ____.------ TER GISMO TEMPORARY EGSTROI S. ° ATIA, MID STERN WATER POLLUTION PREVNTION PURI. ------,-- ESTIMATE SUMME ARY AND BASE MAAS --- 4 tz,...11 , 7,:a4M- ..---7.-...:14:41" ° "—.... r=,' - --——r.T.: ,..-y-. Exhibit 3 t1191.11,1 ...F. ;•"..r. 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BASS WELSH ENGINEERING 3054 S Alameda St Emai: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 8 12"WATER GRID MAIN REIMBURSEMENT ESTIMATE 08/24/18 12"WATER GRID MAIN ITEMS REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 1384 LF 60.00 $83,040.00 2 12"CAP TAPPED FOR 2" 1 EA 350.00 350.00 3 12"TEE 4 EA 850.00_ 3.400.00 4 CRUSHED STONE EMBEDMENT FOR 12"WATER 1384 LF 30.00 41,520.00 S DEWATERING FOR 12"WATER 1384 LF 20.00 27,680.00 6 6"PVC PIPE NIPPLE _ 9 EA 250.00 2,250.00 7 6"GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6"90'ELBOW 3 EA 300.00 900.00 9 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000.00 SUBTOTAL $173,990.00 10%ENGINEERING,SURVEYING&TESTING $17,399.00 TOTAL CONSTRUCTION 5191,389.00 LESS CITY WATER ACREAGE FEE •57.578.26 TOTAL AMOUNT REIMBURSABLE $183,810.74 thij l\P/1 1..° 141'-9/Crag ". -f-e• ejaGIS Exhibit 4 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 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 City y of Department of Development Services P.O.Dox 9277 Corpus Christi,Teras 78469-9277 OTpUs (361)826-3240 j Located at. 2406 Leopard Street �a Christi (Comer of Leopard St and Pon Ace.l DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires alt persons or firms seeking to do business with the City answer providewitthe following information. Every question must be answered. If the question is not applicable, NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi 21P: 78463 FIRM is: ®Corporation ❑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) N/A 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission,or Committee N/A 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm". Name Consultant N/A 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: Mossa (Moses) Mostaghasi Title: General Partner (Print) Signature of Certifying Person: /T Date: 10-15-18 A."DEVEL.OPMENLSVCS:SHARED LAND DEVELOPMENT•OROINANCE ADMINISTRATIOX,APPI.ICATION FORMSTORMS AS PER LEGAL'2012tDISCLOSCRE OF INTERESTS STATEMENTI 27 12.DOC Page 1 of 2 txnibit 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',DEVELOPMENTSVCS'SNARED LAND DEVELOPMENT.ORDINANCE ADMINISIRATION'.APPLICAlION FORMS FORMS AS PER LEGAL20!2.DISCLOSURE OF INTERESTS STATEMENT!27 12 DOC Exhibit 6 Page 2 oft 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: 18-1413 December 4, 2018 Agenda Item: Ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP., and appropriating $183,810.74 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer. Amount Required: (Amount to be Certified) $ 183,810.74 Fund Name Accounting Unit Account No. Activity No. Amount Water Arterial Transmission and Grid 4030-21805-777 540450 $183,810.74 Main Trust Total $183,810.74 ❑ Certification Not Required Director of Financial Services Date: NOV 2 6 2018