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HomeMy WebLinkAboutC2009-405 - 10/13/2009 - ApprovedSANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 1 of 7 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Sanitary Sewer Collection Line Extension Construction and 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 Senior Quality Lifestyles Corporation ("Developer"), 8523 Thackery Street, Dallas, Texas, 75225. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on September 30, 2009, to develop a tract of land of approximately 21.78 acres called The Village at Timbergate Unit 1 located south of Timbergate Drive and east of South Staples Street (FM 2444), as shown in the attached Exhibit A; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Sanitary Sewer Collection Line Extension ("Collection Line Extensions); WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Collection Line Extension; WHEREAS, it is to the best interest of the City that Collection Line Extension be constructed to its ultimate capacity under the Master Plan; 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, from the Collection Line Trust Fund as per the Platting Ordinance, Section V.6.6.f)(2)(ii)(4)(a); and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Collection Line Extension (Exhibit B); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Collection Line Extension, in compliance with the City's Platting Ordinance 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 Collection Line Extension, as shown in Exhibit C, with the following basic design: 1. Install 413 linear feet of 8-inch PVC sanitary sewer collection line. 2. Install one (1) 5-foot diameter fiberglass manhole. 3. Install 413 linear feet of Class D Wastewater Sewer Line Embedment. 4. Provide 413 linear feet of OSHA Trench Protection. 2009-405 M2009-294 10/13/09 Sr. Quality Lifestyles Corp. SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 7 b. The Collection Line Extension must begin at the south property line of The Village at Timbergate Unit 1 and extend to approximately 400 feet to an existing stub-out located near the intersection of Spanish Wood Drive and Tapestry Drive. From the existing stub-out, the Line Extension extends north along the future alignment of Spanish Wood Drive for approximately 413 linear feet and terminates at the south property line of The Village at Timbergate Unit 1, Block 1, Lot 1. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. 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 Collection Line Extension, Developer shall acquire and dedica#e to the City the required additional utility easements ("Easements"), if necessary for the completion of the Callection Line Extension. 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 pro-rata fees as required by the Platting Ordinance for the area of the Collection Line Extension. The required acreage fees Developer is to pay to the City of Corpus Christi as required by the Platting Ordinance for the area of the Collection Line Extension, will be credited to. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Collection Line Extension, under the approved plans and specifications, by October 31, 2010. 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. SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 7 b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th 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 90th 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 31, 2010. 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. 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 below, 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 ail 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. to the event of an uncured default by the City after the appropriate notice and cure period, the SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 7 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 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 effected 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 wi#h 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: Senior Quality Lifestyles Corporation 8523 Thackery Drive Dallas, Texas 75225 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 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, Cert~ed, 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. SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of ~ 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 Sanitary Sewer Collection Line Extension and the construction of the Sanitary Sewer Collection Line Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the Co{lection Line Extension, not to exceed $32,321.91. See attached cost estimate (Exhibit B). b. 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. c. To be eligible for reimbursement, the work must be 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, as a result of an uncured default by the Developer, 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 shall indemnify and hold harmless the City, its agents, officers, and employees ("Indemnitees") from all suits, actions, or claims and from ail liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Sanitary Sewer Collection Line Extension by Developer. 17. COVENANT RUNNIG WITH THE LAND. This Agreement is a covenant running with the land, The Village at Timbergate, Unit 1, 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. SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 7 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may be assigned by Developer to another with the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form. 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED in triplicate originals this ~ day of ~(~~~ , 2009. THE STATE OF TEXAS § COUNTY OF ~BE~6~tf~ § Senior Quality Lifestyles Corp. ("Developer") 8523 Thac S reet Dallas, T 7 22 By: ave Brown, Vice President of Development This instrument was acknowledged before me on ~~~ ~ , 2009, by Dave Brown, Vice President of Development, Senior Quality Lifestyles Corp. ary Public, State of Texas ,~++% JANINE COHEN ~+• Notary Public, State of Texas ,~ 4'.~ My Commission Expires e~~t•+' Aprll ~~~ 2~1 ~ SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 7 of 7 CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: Armando Chapa City Secretary g Escobar ity Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2009, by Angei Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Pu ic, Stat f Texas APPROVED AS TO FORM: This ~~y of ~~ ~ , 2009. eborah Walther Br , Assistant City Attorney For the City Attorney ~© ~~.~ pUTHURiZE~D ~ c-~tf~ci~.. I~~13~~ ..... ~- SECRETARY; _~ ~~`'--. HOLLY HOUGHTON '•'= MY COMMISSION EXPIRES Se~leaiber 24, 2012 ~ ar';~' aw°~ µ~~w~wx a~moe uwou~ ~$~ ~ ~ I~ ~~ g ~ a _ ~°Yr w g555YY44 i~~ 3 ~~m~w ~ y M~ g~'~ S 3 ~i ~ ~ di6~ ~ vas ~ ~ ~ gi a ~~ g +~ 3~ ~ ~ ~2 ~~ ~ ~ ~ ~ ~ ~ I~ ~ ~ ~ Qa g nrz w~•s ~Y !X( ~~5 g ~~ i ]~i~. ~.~. a Nub VMoS . 7 ~ ~ i ~ ` f 38 ~ ~ ~ ~ t$ ~~~ab I ~~ i ~ ~ ~ } 4 to x ~ ~ g ` y ~ jI(F ~ Sy y~ F ~~~ ~ ~ ~ ~~~~ 6Y t 9^ W 5 ~ ~ ~ g E ~ i J Q a~ j~- ~ ~ ~~~ I ~ r ~~~ ~~ ~~~ ~~~ sg ~~ ~ ~~ ~ ~ :g ~ ~ ~ ~~ g ~~ ~ . a ~ a ~.g ~~ ~~ ~~~ ~ ~ ~~~ ~~ Y ~ ~~ ~ ~s ~ ~ ~ ~ ~ ~ ~z~~g €~ ~ ~' ~ ~ s~4 g ~ ~ ~~ ayy ~~~ ~~~ ~~~~ ~ ~ g $ ~ ~ ~~ ~ ~~ ~ ~~ ~. i a 5 ss ~~~g ~ Q } ~ ~ " ~~ 4~~~ ~ ~ ~ ~ ~~ ~ ~ ~s 3 ~ N 0 ~- a E4 N p>n roo w+4s w~ Q Was ~wrn~o aspen :nwW I!1= $8 s ~~(s ,~s~. w~ Na ~W1BWvJY N+e 1V~B rM! 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I~Sf ~ 11N4 ~{i # ~ '`! ..-~13~~ a~i ~weo wYs~i eJ r ~ ~~~ I wwa rw mw ~ "ipyd''~c ~~ ^~~r ~I 4 ~s m ( eQ wil Cm ..a,.,ay nw~o} 1 1 punep ~~yy~N ~Np~AyM pas '~uMSMO +M~ts ywayw~ ~o} I 1 ~ NqL 'A~pl MNNI M~ ~Y I 1 "C-~'~V~1 ~ ~Y-1y~ P~ WMC ~1! ~~ ~+ ~ °t ~ ~ , ~'; ~ '°'. 1 1 via w• NAB .~ opeu ww.o uuoi i .mwi ~~ ~~~ ~ 1 rxac _ .. 1 1 ~t wlwa ro- w~ ~~ ro~ w, R - yNidit iN ~y~sq w+~ err 0~ ~ 1 1 ~. Y 1 L~ # 11 _ 1 1 ~I ~ 1 "~~^§ ~ ~ ~ ~~ qty ~,~~~ '{a ~~ ~y~. t`~~q/~py ~h I 1 t ,c; ~ 11 ~ ~ .peq .M~iop-tl~6-,~ W~ ,wa +Aa~ ~ awl ~-A~",,, ~1 ro~ Pw lri. mot! I s ~ ~ 3~s ~ ~ ~ ~1 i ~~ 1 11 1 w ao N LL N a Engineer: Murray Hudson, P.E. By: CRR Preliminary Cost Estima#e for Off-site Sanitary Sewer Improvements SPANISHWOOD DRIVE A. SANITARY SEWER IMPROVEMENTS: 1 8" PVC (10'-12' Cut) 2 Embedment 3 OSHA Trench Protection 4 Well Pointing 5 S' Diameter Manhole (10'-12' Deep) B. MISCELLANEOUS IMPROVEMENTS: 1 General Conditions, Bonds and Insurance 2 SWPPP Rams 413 LF 413 LF 413 LF 413 LF 1 EA Sept. 25, 2009 Job No. 376$O.A9.01 .$45.00 $18,585.00 $9.00 $3,717.00 $1.75 $722.75 $22.00 $9,08$.00 $8,500.00 $8,500.00 PART ASLIB-TOTAL: $40,610.75 1 LS $2,842.75 $2,842.75 1 LS $1,000.00 $1,000.00 PART BSUB-TOTAL: $3,842.75 CONSTRUCTION TOTAL: $44,453.50 ENGINEERING AND ADMINISTRATION 1 Engineering ~ 896 of construction 2 Topographic Survey for design 3 Construction Testing 4 Construction Staking ~ 3% of construction 5 Storm Water Pollution Prevention Plan $3,555.28 $500.00 $750.00 $1,333.61 $750.00 TOTAL ADMIN. COST: $8,889.89 TOTAL ESTIMATED SPANISHWOOD OFF-SITE SANITARY SEWER IMPROVEMENT COST: $51,343.39 CONTINGENCY (1096): $5,134.34 OFF-SITE SPANISHWOOD SANITARY SEWER TOTAL: $58,477.73 ACREAGE FEE 16.74 acres @ $1443.00/acre $24,165.82 REIMBURSEMENT LESS ACREAGE FEE CREDIT $32,321,91 ~, EXHIBIT B Urban Engineering 2725 Swantner Corpus Christi, TX 78404 3fi1.854.3101 1 ~ tau o~ ter. Iwoopr~, .- ,-t~ ,. i~'t ai,•1; ; - 14658' i~1/GCi-QQO '~ -' -- {C': 1 { 1 s I ..'•`J il: gig F,:iil~{:r: j: :. vj'u?!+'liF~ ~ F# .tsc is :is;~+ gill. f' , ;~3,-- '{%ri=:9 ;Lick l,i;t:`~, .,, c iit i.~.ri ~~iliisi ii ,~ .: ism%>"~- . I i -. _ it i a r'~.' y ~. ~,~.. '` "t; TIE TO >~#57~IB D' PVG 5 =~.~ ~~ ,~s•sa{as w+~{ns+l M .. ~ a 1 I ~' 1 i / ~ ~ ~ . d- - ~~~.~';,1~~;;4 ; ~~~ylii,l=, ~i.:;, I ~ Rai,, s '~ i s,FYs..y~ / 1 ~ it itj{gl ~ ~ I I _ _ iiiiti i, .f:i• :iii':<,,p~. '~, :: <~'~< i 1 i ~ Si it i t s r' ~ _ -- ~~T~ ~ • . 8' GATE ~ ! .• , ~ r ~~ 1 w7V V5~ ON~~SiIE PiJ11~9 o eo . i JJ 1 yy° 1 • FOR GaHiNi1ATK1H L. {~ i# l i i €'d 1 1 1 f{ 1 ~ l _ _. -;SY,S'I•!""4 i K ~~ ~"" ;~r„~~:; i;j ;~ iy :~1~ ~ i 1 :~y. , ~~-: { i I. {_ ,~ 1#~1~' .,~~ ~ i I r,.; -. x 4A t;tiil: .,;!i': ,1~~p,~Vyy y , ~ I f 7V YNT6n.ME ~' i - {;x i yam. i ~s~,Y.\ - ~; a ii~ ~ 1^ Y ! ~ - y J iijili:t a jj'~ ~3s { iit ~' s U R•®-A ~ ~~~1 eows~e+pe~g~Tb~~~~s ~p/Ji~~~~~~(/~J •alIX 'f/116 ~II~H 1~40d01 V~/~1~ •~/~w ~.. .t W M ~ ~ ~~~ ~~~~ ' i I~'~ for ~1~~~I inra~a.s~ass~n~a EXHIBIT C ORIGINAL SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 1 of 7 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Disc## 2009047356 THE STATE OF TEXAS § COUNTY OF NUECES § This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas Home -Rule Municipality, P.Q. Box 9277, Corpus Christi, Texas, 78469 -9277, and Senior Quality Lifestyles Corporation ( "Developer"), 8523 Thackery Street, Dallas, Texas, 75225. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on September 30, 2009, to develop a tract of land of approximately 21.78 acres called The Village at Timbergate Unit 1 located south of Timbergate Drive and east of South Staples Street (FM 2444), as shown in the attached Exhibit A; WHEREAS, „under the Platting Ordinance, the Developer is responsible for construction of Sanitary Sewer Collection Line Extension ( "Collection Line Extension "); WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Collection Line Extension; WHEREAS, it is to the best interest of the City that Collection Line Extension be constructed to its ultimate capacity under the Master Plan; 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, from the Collection Line Trust Fund as per the Platting Ordinance, Section V.13.6.f)(2)(ii)(4)(a); and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Collection Line Extension (Exhibit B); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Collection Line Extension, in compliance with the City's Platting Ordinance 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 Collection Line Extension, as shown in Exhibit C, with the following basic design: 1. Install 413 linear feet of 8 -inch PVC sanitary sewer collection line. 2. Install one (1) 5 -foot diameter fiberglass manhole. 3. Install 413 linear feet of Class D Wastewater Sewer Line Embedment. 4. Provide 413 linear feet of OSHA Trench Protection. (I t � STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Y•�Y. DIANA T. BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R en a or use of the described REAL PROPERTY because of Race, Color Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3112/89. Doc# 2 9047356 # Pages 12 11/24/2009 9:12AM Official Records of NIECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $59.@0 L City of Corpus G;�ri'zfy Development Servicoo/ Special Services 2406 Leopard, Suite 46o CnrPUs Christi, TX 79409