Loading...
HomeMy WebLinkAboutC2009-354 - 9/22/2009 - ApprovedSTREET PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P. ~. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Braselton Land Ventures, Inc., ~Developer~, 5337 Yorktown Boulevard, Suite 1OD, Corpus Christi, Texas 75413 hereinafter called "Developer". WHEREAS, Developer is developing a subdivision known as, Rancho Las Brisas Unit 2 containing 11.55 acres of land located south of Slough Road and east of Rodd Field Road, as shown on attached location map, Exhibit 1 attached and incorporated}; and WHEREAS, the Developer has submitted construction plans that show the extent of the improvements; and WHEREAS, Developer is required to extend and construct Sydney Street and Los .Rancheros Drive along the frontage of a proposed linear park as a condition of platting the "Roadway Extension"}; and WHEREAS, it is in the best interests of the City to have a public street infrastructure installed by the Developer in conjunction with the Developer's project; 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 development; NGW, THEREFORE, in order to provide a coordinated public street construction prof ect, the City and Developer agree as follows: The Developer will construct the Roadway Extension for and on behalf of the City. The public roadway is required to be constructed in accordance with the plans and specifications approved by the City Engineer. The Developer agrees to dedicate the required 60-foot of right-of way of the public roadways, Sydney Street and Los Rancheros Drive. The Developer is required to pay for half of the costs to construct the Roadway Extension. The City is required to pay for the other half of the construction costs. For its share of the Roadway Extension construction, as depicted on Exhibit ~~attached and incorporated} the total that the City must pay is an amount not to exceed $19,710.21. 2009-354 ~t MZ009-274 t 2 09/22/09 Braselton Land Ventures ,A~^c~ Iv1.~G The City will reimburse the Developer in the following manner: Upon final acceptance of the Roadway Extension by the City Engineer, the City will pay Developer an amount not exceed $19,710.21. In accordance with Section 212.073, Texas Local Government Code, Developer must execute a performance bond for the construction of the improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. DEVELOPER COVENANTS T4 FULLY INDEMNIFY, SAVE AND HOLD ESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ~"INDENIl~IITEES"} 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 GN THE FOREGOING, WORI~RS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LASS 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IlVIPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE ROADWAY EXTENSION OF SYDNEY STREET AND LOS RANCHEROS DRIVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDENIlVITEES 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 CONCiTRRENT NEGLIGENCE OF INDENINITEES, UR ANY OF THEM, BUT NUT IF CAUSED BY THE SALE NEGLIGENCE OF INDENIlVITEES, OR ANY OF THEM, D 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 T4 ARISE, OUT OF OR IN CONNECTIGN WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112„ Developer agrees to complete the Disclosure of Ownership Interests form Exhibit 3 attached and incorporated}. This agreement becomes effective and binding upon, and inures to the benefit of; the parties hereto and their hears, successors, and assigns from and after date of execution. Participation Agreement Rancho Las Brisas Unit 2 DarYO 7 n~ 7 EXECUTED in duplicate this ~ day of ?h'Yt1 yy~ 2009. Braselton Land Ventures, Inc. ~"Developer"} 5337 Yorktown Bouievard, Suite 10D Corpus Chris ' Texas 78413 By: Fre raseiton President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the ~ day of S Q P~C~r, h w 2009, by eves brass-l ~~~+ , in the capacity herein stated and as the act and deed of sa~td entity. r ~~_~-~ VICKI ADAIR Nary P~bfict S~a~e of Texe~ 1 (~, ~~,. ~- Cammis~bn Expfre~ ~ _~~ ~~1s'~°~° NOTARY PUBLIC, STATE OF TEAS Participation Agreement Rancho Las Brisas Unit 2 pnrra Z n-F 7 CITY ~F CARPUS CHRISTI ~"City"} P. 0. Box 9277 ATTEST: By: G CHAPA, City Secretary THE STATE OF TEXAS § Corpus Christi, Texas 78469 Telephone: X361} 850-3500 Facsimile: X361} 8$0-3501 By: ~ ~~~~ EL R. ESCOBAR ity Manager CGUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2009, by ANGEL R. ESCOBAR, City Manager for the CITY GF CGRPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. ,~~ "' ~. NOTARY P LIC, STA GF TEXAS ~: HQl1.YHALiGHTON .~rz MY COMM~SICN E/yyX~~PIRE8 APPROVED AS TO FORM: This /~~y of 2009. By: w'~' /'ds ~-~ orate Walther Brown Assistant City Attorney for the City Attorney ~. ~~ AUTH~~I~D ~~~~~ ^M r ^1frr1 r.rr,^ r °. Rf f fM. SEC~ET~IaY Participation Agreement Rancho Las Brisas Unit 2 17~r~ca /I n~ 7 poog a £ ~ ~ ~ _ ~ _ ,acre sri p{ u r _ 3~ ~ ~ ~ ~~ ~ s ~'~ ~~ f ` ~~~~` 0.PI7Cy :~ a ~ ~` // ~ !~ n ~ i , ~ f z~ a ~ • r ~ C ~ ^ T~~ a ~ a ~ ~~~~ ~ 'F ~;.~~~ F ~, ~ 5 $y ~ ~ $p a ~ ~ d ~ u ~O ~ ~ A F n ~ uJ~~~ ~ 1 ~ ~~ 9~~ ~ 3 $ ~ 9 ~ S ~ ~ ~ ~ c m LL ~ ~~ (9b Pal ~ ~ yi x ~•~ a ~ ~ ~ ~ ~ ~~ ' o E ~ I Fo ~~ ~~ ~~~ s~. ~ S"~ ~ g; ~ ~~E ^ S x ~ ~ c c~~ tti ~ ~ N, 4 ~'`' C .Y9~ E e L~ r ~~ • ~~ ~ ~~ y i ~ O ~ ~ p 4 ~ ~° ~S ~~ • ^w ~~ as ~ ~~8 ~~~~ ~4j y ~y "C ° ~~C g ~p$ b'Y ~ Y .i" ~p L~ O Q ~ 'l7 Q ~ pC ~ tl y E ~~C0~5 dGw O~ y~ ~ti ~ y V ~~ N ~~ ~ ~ r @ ~' !! ~a ic$ ~ o ~ i~ ~~ G~ r 8 a~ ~6 ! I ~ ~ ~ ~~ ~ ^ ri H3 a. ~a I ~ ~~ rV x •$ °~ I m ,~ ~ °~~ 9 s, E~ ~°. wu s~ai3~ ~ i~r meg ~tfi ~ ~~ urc~ fir- ~~i in~ ~ 1~~CE Sr z~ v ~~ ~ ~,~ ~~ s ~ ~~ ° ~ ~~~ ~~ S . ' : ~~ v C ~~ ~ ~ ~ ~ ~ 'jF ~ ^ ^~~ a~ x a ~~~ ~ ~ ~~ °~~ ~ ro ~~ ^ ~ ~~~ ~~g ~~ ° ` ~ ~ ~ w ~ N a° r k ~ r '~ ~ ~ ~ ~ ~ u~` ° a ~' T v s rr~~ w~~ ~ ~z ~r~~,y o~ r ~ I cl • ~ ,~ ~' ~ R y E'-~ ~ ~ ~~ $ .~q d c7S ~p p~cc NV ~~0 1~g~ ~ F• ~ ~a ~ .`yyS~ ~IU ~~ W ~ OC1 G~pp~ ~~ ~~~~ ~°~] r ~ pp V • D r~ ~° ~~ A^~ ~ fe ro ~ L C ~$.~ ^o ~~° .g~g~ ~S a ~ O ~ o ~ ~~9 ~ a 5 ~ zq ~~ ~ 9 ~Q~ J~ CC~~p~~ ~ a ~~ EN , ~~S CM M g ~ 9L~~S F 0 o r~ C `o eE~~~~~ 4 ~~ ~ m~$~o°~ ~ ~ ~¢g~gL 5~~5~ ~ ~ "~ ~ ~ u ~' @ ^~r fl.C ~~~ ~ ~8~y~0 ~ ~ ~ ~ ~ pF~g• ~C F ~ ~ p~;Cop ~ '! ~~ '~ ~ » ~ ~ gS p ~.~ ~~ ~~~ Z ~ G ~~ Ti ° ~v ~ ra ~~ Gi ¢ .~ ~r~~# ~yas ~~ ~ ~ ~ u ~ ~~ • yg Q « $^ ~ ~ o ~ ~~ 2+e~SfJ ~ ~ a C° ~g~ ~~ ~~~~~~G ~ ~ ~ ~ : r~ ~~~ ~ ~ ~ ~L g ~i ~ g ~~g ~ ~ ~ F~ C~~ ^ ~ Gt~ W ~ ~~,' ~ ~ M _!~ ~~CV 9 ~ ~ ~ 9 ~ p Q 4~ ~ ~j `p ~y rF(e~~m C~ C a ~ ~ _ ~ y ~~ ~ aa~G~GG°71 v ~ ~~ ~~ ~ s ## 0 ~ ~ ~ ~~ ~ ~ y~6~ ~~ 5~~'~ ~ ~ ~ I ~ ~ p ~ ~* ~ ~ ~ Y 3 r O i 0 C WF. ~ ~ .~ ~ ~ ~ b m C C1 n B ° ~ p~p ~ R9 ~a ~ ~ ii~ F ~ S$~ . ~ ~ g . i~1G m~o~~ ~ ~ m" ~ ~ € S Participation Agreement Rancho Las Brisas Unit 2 Uon~ S of'1 ~~ r~~ ~ ~ .. ~ QQ F ~ ~~ ~4t~E~ .Qp~ i~ NR a F~~ ~G qqq~q C y ~ ~ O~~I~~.~ m ~ g ~~ ©~Q v~ ga 0. ~ 4 ~ ~~ai~ Z r 'fit ~ a ~~ ~ g =r ~ ~ ~ ~ QW g~ ~~ rc ~c~$Bn g E ~~ W ~ ~~ ~ ~ ~ r~: ~h ~ ~ ~ s ~ mz~~ o ~ 'Gm ~~os., # E ~ ~ ~ nn a~aa ~ ~ ~ ~~~ ~z~ ar xi~~ ~3 ~uop~~j E ~ ~ ~W~ ~ f ~~ .. ~ o• r d px~ tr~ ~ o`~ ~Fp a b p ~• ~ 09 ~ O ~ 75~~ ~~ ~ ~ A ~ O ~E ~~~ ~r~ 8~~~ ~ ~ ~ ~5~ ~n ~~.~~ ~~~ ~~p~s~~ ~~ ., „ ~. ,. a ~~ (+~+s ol~vFS I~ ~'o) ;~'~~ ~ '~p~ ¢~~ ~..',~e toe 1 ~~ '~~ ~~~~.# ~, I ~' ! ~ `~ ~ ~ a ri~ m~ - a n~ a ~`. .~ ~ H n N~c .~pa~ ~~ f Ij~IIIIpr~p I l ~~^ ~' ! ~I'. i I ~i~I F; ~ `~ ~17~l7iV ~P1GlLGL ~ ~~ ` Q J i ~ ~7'~~ n~ I ~ qv ~~ _~ ,Cr. p, r.u. wot~ 2U~11~,`601~~ SD~ ~ ~ ~ s1 ~ I ~.r;~,. ~ I s ~ .~ ~ ~ , d ; I ~rj~,l I ~6~ ~ I'' ~~'' I ~ ~ ~ ~ I ~~i:i ~ ~ «~', y~~ 1 ~ ~~ r~ ~A I i I~I I I°~' ~~ I r IAA p~ l~ N Pi t n n n n m I f{.,. - ~~ r i r ;71i' ~ ~~~~ •.~ Cl~ro ,rracaoa ~ r q~' l ~ ~ d~ ~ ~~~ wv ~3rrv ~. III UQ ~I~D~ ~~~ ____ ~' `` ~ ;~' ,; ~ ` ~(c. w: s.r, wog % .f. ~~ I 'I ; i; i:~ ar I. ,; ~ y . r., ~ ~ fti 1 l" I I _ ~ ~_.: I, ;((~~ ~ --- ~ - - ~ - ~ ~ I ~'~~'~ lid x I .a' cror ~ '~ l' ° I ~ r~~,~~, ~nuQ s~cg se7 A` m ~ J ! I ~ ~'i~~l I I ~ ~ ~ I~?, ~..~, ~ I ;•rJ' I!P~ AA'p~' AO"~ AG'!S A~V~ ,OOS4 ,00'05 p6'OII .00'Oi ,~ II _' ,r ~ ~QT "~ ~ ~'` ~ ,~ • - - - - -F -- ~ ;~~I, ./~~ ~ rr ~ {`tyrraro prrs~aaaa .~'~ ~,LQ,91r~1 /r' ~ k /`, fiL ~Ii~S 'Y ~'I ~ ! ; '' ; .~ ~~~ ~ ~ EXHIBIT 1 Participation Agreement Rancho Las Brisas Unit 2 pra rta ~ n~ 7 . ,~ I. I _ I _ I _ I _ I _ { _ I _ I _ I _ I _ I _ I _ I _ l _ I _ I i _ I _ I _ I I I _ I _ I _ I _ I _ I _ l _ ~~. Engineer: Murray Hudson EKHiBIT B -CITY STREET PARTICIPATION 0811309 Client:Braselton JOB NO.39779.A8.00 Land Ven#ures PAVING 1Ml'RO VEMENTS -STREET PARTICIPATION: QUANTITY UNIT ~N1T TOTAL PRICE 9 Clearing at~d Grubbing 0.2 AC ,290.00 $58.00 2 Excava~ar 9~3 CY $2.75 $390.T5 3 9112" I~MAC Including Prime Coat 592 S Y X90. ~ 5 $6,008.80 4 6" Limestar~e Base (Type I, Grade A) 592 SY $~ 9.00 ~6, 592.00 5 8"Lime Stabilized Su6grade 672 SY $3.20 $2, 950.40 6 6"'L' Curb 288 LF $9.50 $2,797.00 PARK PAUING SUB-TOTAL: $97,756.95 ENGINEERING ~ 8% $1,420.56 GGNSTRUCTION SURVEYING @ 2°/0 $355.14 CONSTRUCTION TESTING ~ 1 °/a $1I7.57 T4TA1. ESTIMATEQ REIMBURSEMENT; $19,71x,21 Urban Engineering 2725 Swar~ner Carpus Christi, Texas 78404 1.361-8543101 EXHIBIT 2 Participation Agreement Ra~ch4 Las Brisas Unit ~ Page 7 of 7 C:IDOCC]MENTS AND SETTINGSIFBRASELTONUACAL SETTINGS1TElVIpORARY IIVT~tNET FII.~SIOLKGIRANCHO LAS BRISA.S UNIT 2 ~,1• SUPPLIER NUMBER ^.n^ TO BE ASSIGNED BY CITE .' ~' PURCHASING DIVISION ~~ City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE ~F INTEREST Ch.r~st~ Ci of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekin to do business wit the Ci to provide the following information. Every uestion must be answered. I the question is not applica le, answer with "NA". See reverse side or Filing Requirements, Certifications and definitions. COMPANY NAME: Braselton Land Ventures, Inc. P. O. BOX; STREET ADDRESS: 5337 Yorktown Blvd Suite 1oD FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78413 2. Partnership u 3. Sole Owner ^ 5. Other U 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 Ci of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the a ove named "firm," Name Job Title and City Department cif known} NIA NIA 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 NIA NIA 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 NIA NIA 4. State the names of each employee or off cer of a "consultant" for the City of Corpus Christi who worked on an matter related to the subject of this contract and has an "ownership interest" constituting 3° a or more of the ownership in the above named "firm." Name Consultant NIA NIA FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to actin the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics 4rdmance Section 2-349 ~d}] CERTIFICATION 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: '~ Title: ~, Type or Print) Signature of Certifying Date: Person. 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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- timebasis, but not as an independent contractor. d. "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 asnon-profit organizations. e. "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. f. "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 holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "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.