HomeMy WebLinkAboutC2010-016 - 1/19/2010 - ApprovedParticipation Agreement'
Between Smith & Peterson Parties and City
Page 1 of 6
PARTICIPATION AGREEMENT
STATE O1N' TEXAS §
COUNTY OF NUECES §
THIS PARTICIPATION AGREEMENT is entered into between the City of
Corpus Christi, a Texas Home-Rule Municipal Corporation, P. O. Box 9277, Corpus
Christi, Texas 78469-9277 (the "City") and The Estate of Roy Milton Smith, Deceased,
and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78470-
0184 (the "Smith Parties"), and Patricia Peterson Nuss and Chris Ann Peterson Brown,
P.O. Box 8229, Corpus Christi, Texas 78468 (the "Peterson Parties"). The Smith Parties
and the Peterson Parties are hereinafter referred to together as "Owner".
WHEREAS, the Smith Parties and the Peterson Parties own as joint tenants in
common that certain real property located in Nueces County, Texas, being Lots 9, 10, 11,
22, 23, 24, 25, 26 and 27, Section 28, Flour Bluff and Encinal Farm and Garden Tracts
(the "Property") as shown on the attached preliminary plat, Exhibit 1 (attached and
incorporated), and Owner desires to plat a portion of the Property designated on Exhibit
1 as Lot 1, Block 4, Oso River Estates ("Lot 1, Block 4"); and
WHEREAS, as a condition of such plat of Lot 1, Block 4, Owner is required to
extend and construct the public roadway to be known as the extension of Ennis Joslin
Road from its existing terminus approximately three hundred (300) feet south of South
Padre Island Drive to Williams Drive, including bridge improvements as depicted on and
in accordance with the improvement requirements set forth on Exhibit 1 (the "Roadway
Extension"); and
WHEREAS, it is in the best interests of the City to have the public street
infrastructure installed by Owner in conjunction with the Owner's preliminary plat; and
WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a
municipality to make a contract with an Owner of a subdivision or land in the
municipality to construct public improvements related to the subdivision or land;
NOW, THEREFORE, in order to provide a coordinated public. street
construction project, the City and Owner agree as follows:
Subject to the terms of this agreement and the plat of Lot 1, Block 4, Owner will
construct the Roadway Extension 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.
2010-016
M2010-021
01/19/10
Smith Parties & Peterson Parties
INDEXED
Participation Agreement '
Between Smith & Peterson Parties and City
Page 2 of 6
The Owner agrees to dedicate the required 130 feet wide right-of--way for the extension
of Ennis Joslin Road as located and shown on Exhibit 1 by public dedication upon filing
of the final plat of Lot 1, Block 4, Oso River Estates. The Owner agrees to dedicate the
required 75 feet wide right-of--way for extension of Williams Drive from Ennis Joslin
Road to the southeast boundary of the Property, as located and shown on Exhibit 1 by
public dedication within thirty (30) days of commencement of construction of the
Roadway Extension along Williams Drive. The City acknowledges that the width of such
right-of--way dedications are in excess of what would otherwise be required of Owner
absent this agreement, and Owner will not be required to pay water and sanitary sewer
acreage fees on the acreage of the right-of--way dedications. The City further
acknowledges that the construction of the Roadway Extension shall not include
landscaping of the Ennis Joslin Road median and shall not include traffic signalization
for the intersection of Ennis Joslin Road and Williams Drive.
The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for
construction of the Roadway Extension Exhibit 2 (attached and incorporated) (the
"Cost Estimate"). Subject to the limitation below, Owner shall pay a portion of the costs
of construction of the Roadway Extension in an amount up to what would be the costs of
construction of a residential collector street along the route of the Roadway Extension
(40' BB Streets) plus 50% of bridge improvements. Subject to the limitation set forth
below, the City shall pay the remaining portion of the costs of construction of the
Roadway Extension, being the costs in excess of construction costs of a residential
collector street and 50% of bridge improvements along the route of the Roadway
Extension, designated as the total amount reimbursable on the Cost Estimate.
Notwithstanding any other provision of this agreement, the total that the City shall pay
for the City's agreed share of the costs of the Roadway Extension construction shall not
exceed $753,034.67. Provided further, if the actual contractor bid received and selected
by the Owner for construction of the Roadway Extension indicates that Owner's
monetary obligation for Owner's portion of the costs of the Roadway Extension will
exceed $338,762.73 by more than 10%, then Owner may elect not to plat Lot 1, Block 4,
and therefore not construct the Roadway Extension at that time and may terminate this
agreement by written notice to the City.
The City shall reimburse the Owner the City's agreed costs of the Roadway Extension
monthly, based on the percentage of construction completed, upon receipt of Owner's
invoice for the work performed. Such reimbursement shall be made payable to:
The Estate of Roy Milton Smith, Deceased
Gladys Mattie Smith
Patricia Peterson Nuss
Chris Ann Peterson Brown
c/o San Jacinto Title
802 N. Carancahua, Suite 1500
Corpus Christi, Texas 78470
Participation Agreement
Between Smith & Peterson Parties and City
Page 3 of 6
The invoices must be paid no later than thirty (30) days from the date of the Owner's
invoice. Owner shall submit all required performance bonds and proof of required
insurance in accordance with applicable laws. Owner shall submit standard contract
documents for review and approval. Throughout construction, the City shall conduct
periodic inspections and either approve the progress of the Roadway Extension or
promptly notify Owner of any defect, deficiency or other non-approved condition in the
progress of the. Roadway Extension.
In accordance with Section 212.073, Texas Local Government Code, Owner shall cause
the construction contractor that Owner engages to construct the Roadway Extension to
execute a performance bond for the construction of the Roadway Construction
improvements to ensure completion of the project. The bond must be executed by a
corporate surety in accordance with Chapter 2253, Texas Government Code.
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 CONSTRUCTION,
INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR,
RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE
ROADWAY EXTENSION OF ENNIS JOSLIN ROAD DURING THE PERIOD OF
CONSTRUCTION, 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 SURVIVES TERMINATION OF
THIS AGREEMENT.
Participation Agreement '
Between Smith & Peterson Parties and City
Page 4 of 6
In compliance with City of Corpus Christi Ordinance No. 17112, Owner 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 heirs, successors, and assigns from and after date of execution.
~'" 2010.
EXECUTED in triplicate originals this ~ day of I,Ca, t't ,
Gla ys Matt' Smith, as Independent
Co-Executor of the Estate of Roy
Milton Smith, Deceased
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2010_, by
Gladys Mattie Smith, as Independent Co-Executo o the Estate of oy Milton Smith,
Dec ed.
PANS ~-; .
otary Public, State of exas ~ ~:~~ n
`~ sr,~~ E ~ r , ~
ray eo~.,~:. ~_.,~. 07-.~ ~-~_~..
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^.^^^,^°^.^^rri.^^^^^^^^^^^^^^^~
~~
Ronald G. McGee, Vice President,
on behalf of the Frost National Bank,
as Independent Co-Executor of the
Estate of Roy Milton Smith,
Deceased
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2010_, by
Ronald G. McGee, Vice President, on behalf of the ost Nation Bank, as Independent
cutor o s e of Ro Milton Smith, Deceased
____
otary Public, State o Texas
~ ~ _,
5T ~F;
Nly ~~:nr^: O _
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^r^^^^r^'^^^^~^'^~'r^'~^^^^^^^^^^^^^^~
Participation Agreement
Between Smith & Peterson Parties and City
Page 5 of 6
a
Gladys Mattie S th
THE STATE OF TEXAS §
COUNTY OF NUECES §
Thi strumen was acknowledged before me on , 2010, by Gladys
tti Smith.
otary Public, State of Texas Pa~^ ^`.
°~ hA~ ST '~t J_.,,.
~~ ~ ~`~ ~-
Patricia Peterson Nuss
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on fr'~~ l , 2010, by
,..I' icia Peter~vi Nuss. `"'Y„`~
~o
ti.. - .~., JUANA JEAN BARYON
tary Public, tate of Texas My Commission Expires
June 3, 2013
Chris Ann Peterson Brown
THE STATE OF TEXAS §
COUNTY OF NUECES § -
This instrument was acknowledged before me on ~ H~Ivc~ r , 2010, by Chris
Peter~.o Brown. -~~
.__._._.
,t ~
_~... ,
~ , otary Publ ~, State of Texas
_~
~`"""'~.
JUANA JEAN BARYON
My Commission Expires
June 3, 2013
"+~~ ~,~
Participation Agreement
Between Smith & Peterson Parties and City
Page 6 of 6
O~! AUTHURIZt-
ssT CE1tlNCIL ..,~~. ~~.~ ~ ~
..~.~~~
SECRETARY gQ~1-
CITY OF CORPUS CHRISTI
~"Cit3'")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By:
Armando Chapa
City Secretary
THE STATE OF TEXAS §
By: GS'-~~
el Escobar
City Manager
COUNTY OF NUECES §
This instrument was acknowledged before me on the ~ ~~ day of ~G~.~ r
2010_, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas
municipal corporation, on behalf of the corporation.
...~...
~~~~`-. HOLI.YH000IiTON
Notary Public, State Of as ~ .:_= MYCOMMI3SIONEXPIREs
~Afm 3epien~er24,2012
APPROVED AS TO FORM: This f~~of (,/~ , 2010
Lisa Aguilar, Interim City A` ttorney
orah Walther Brown,
Assistant City Attorney
For the City Attorney
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EXHIBIT 1
MURRAY BASS, JR., P.E., R.P.L.S.
NIXON M. WELSH, P.E., R.P.L.S.
BASS & WELSH ENGINEERING
TX REGISTERED FIRM NO. F-52
P.O. BOX 6397
CORPUS CHRISTI, TX 78466.6397
OSO RIVER ESTATES
ENNIS JOSLIN ROAD: SPID TO WILLIAMS DRIVE
AND WILLIAMS DRIVE EAST OF ENNIS JOSLIN ROAD
PRELIMINARY REIMBURSEMENT COST ESTIMATE
PARTI: DEVEIOPER'SCOST
10/13/2009
A C-1 STREET SECTION 40' BB/60' ROW WILLIAMS DRIVE AND ENNIS JOSIIN ROAD EXCLUDING 135 LF WITHIN 155' DRAINAGE ROW
QUANTITY UNIT UNIT PRICE AMOUNT
1. 6" C & G 4031 LF 11.00 44,341.00
2. 2" HMAC 8206 SY 10.00 82,060.00
3. 8" CALICHE BASE TO 1' BC 9550 SY 11.60 11Q780.00
4. 8" LIME STABILIZED SUBGRADE TO 1' BC 9550 SY 4.00 38,200.00
5. STREET EXCAVATION TO 1' BC 9550 SY 2.50 23,875.00
6. CLEARING & GRUBBING 2.81 AC 1,000.00 2,810.00
7. 4" THICK R/C WALK 16282 SF 3.75 61,057.50
B. "BRIDGE" AT ENNIS JOSLIN RD.
CULVERT IMPROVEMENTS
3054 S. ALAMEDA ST., ZIP 78404
361-682-5521 - 361-882-1265
SUBTOTAL 5363,123.50
QUANTITY UNIT UNIT PRICE AMOUNT
1. 4 BARRELL 10' X 8' BOX CULVERT 52' LONG) 176 CY 1,000.00 176,000.00
2. HEADWALL 2 EA 10,000.00 20;000.00
3. WING WALL 4 EA 8,000.00 32,000.00
4. HAND RAIL 1 LS 5,000.00 5.000.00
5. EARTHWORK 1 LS 4,860.00 4.860.00
6. DIVERSION CHANNEL t LS 9;720.00 9,720.00
7. 6"CRUSHED STONE BASE BENEATH CULVERTS 268 SY 15.00 4,020.00
SUBTOTAL 5251,600.00
STREET IMPROVEMENTS (135 LF WITHIN 155' DRAINAGE RIGHT-OF-WAYS
QUANTITY UNIT UNIT PRICE AMOUNT
1. 6" C & G 270 LF 11.00 2,970.00
2. 2" HMAC 540 SY 10.00 5,400.00
3. 8" CALICHE BASE TO 1' BC 630 SY 11.64 7,308:00
4. 8".LIME STABILIZEDSUBGRADETO1'BC 630 SY 4.00 2,520.00
5. STREET EXCAVATION TO 1'$C 630 SY 2.50 1,575.00
6. 4" THICK R/C WALK 1175 SF 3.75 4,406.25
7. CLEARING&GRUBBING 0.19 AC 1,000.00 190.00
;24,369.25
TOTAL BRIDGE IMPROVEM ENTS f275,969.25
50°h BRIDGE IMPROVEMENTS 5137,984.63
DEVELOPER'S COST= TOTAL OF 40' BB STREETS PLUS 50% BRIDGE IMPROVEMENTS
$363,123.50 + 137,984.63 5501,108.13
OSO RIVER ESTATES
09022-FCEA.doc Pege 1 of 2
EXHIBIT 2
ENNIS JOSLIN ROAD: SPID TO WILLIAMS DRIVE
AND WILLIAMS DRIVE EAST OF ENNIS JOSLIN ROAD
PRELIMINARY REIMBURSEMENT COST ESTIMATE
PART 2: GTY'S COST
A A3 STREET SECTION 195' BB DIVIDED STREET 130' RIGHT-0F-VYAY- ENNIS JOSLIN RD. AND C-3 STREET SECTION 150' BB STREET AND
75' RIGHT-0F-WAY- FOR WILLIAMS DR. INCLUDING ALSO 155' DRAINAGE RIGHT-0F-WAY
QUANTITY UNIT UNIT PRICE AMOUNT
1. 6" C & G 5939 LF 11.00 65,329.00
2. 2" HMAC 14664 SY 10.Q0 146;640.00
3. 10" CALICHE ESASE TO 1' ESC 16644 SY 14.50 241,338:00
4. 12"iIMESTABILIZEDSUBGRADE TOI'BC 16644 SY 6.00 99,864.00
5. STREET EXCAVATION TO 1' BC 16644 SY 2.50 41,610:00
6. 4" THICK R/C WALK 17204 SF 3.75 64,515.00
7 CLEARING & GRU881NG 5.05. AC 1,000.00 5,Q50.00
8. ADDITIONAL STORM SEWER 1 LS 10,000.00 10,000.00
SUBTOTAL 5674,346.00
B. CULVERTIMPROVEMENTS
QUANTITY UN1T UNITPRlCE AMOUNT
1. 4 ESARRELL 10' X 8' ESOX CULVERT (10T LONG] 361 CY 1,000.00 361,000.00
2. HEADWALL 2 EA 10,000.00 20,000,00
3. WING WALL 4 EA 8.000.00 32,000.00
4. HAND RAIL 1 LS 5,000.00 5,000.00
5. EARTHWORK 1 LS 10.000.00 t0.Q00.00
6. DIVERSION CHANNEL 1 LS 20;000.00 2Q000.00
7. 6" CRUSHED STONE BASE BENEATH CULVERTS 550 SY 15.00 8,250.00
SUBTOTAL
GTY'S COST= TOTAL OF A-3 AND C-3 STREETS PLUS CULVERT
$674,346.00 + 456,250.00
TOTAL PART 2 (GTY'S COST}
RE]MBURSENIENT DUE DEVELOPER FROM GTY =PART 1 -PART 2
$1,130,596.00 - 501,108.13
1D°h CONTINGENGES
SUBTOTAL
8.5% ENGINEERING AND SURVEYING
1.5°k TESTING
TOTAL AMOUNT REIMBURSEABLE
09022-PCE-A.doc Page 2 of 2
$456,250.00
51,130,596.00
5629,487.87
62.948.79
5692,436;66
58,857.12
10.386.55
5761,680.33
EXHIBIT 2
~:„." ~ //
- CITY OF CORPUS CHRISTI
- DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Department of Development Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located at: 2406 Leopard Street
(Corner of Leopard St. and Port Ave.)
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".
FIRM NAME Gladys M. Smith
STREET: 4938 S. Staples, Ste. C2 CITY: Corpus Christi, TX ZIP: 78411
FIRM is: 1. Corporation 2. Partnership 3. Sole: Owner XXX 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page ar 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
2. State the names of each "official" of the City of Corpus Cki~risti having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
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
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
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: Gladys M. Smith
(Type or Print)
Signature of Certifying Person: _ Z~.
a\Fti.FC\CMiTH ROY`,R F.At. PROPERTI'\OSO RIVF,R\DfSCLOSURF.OFINTERF.STSSTATEMENT -GLADYS- LENNOX TRAC?.DOC
Title:
Date: j 1 ~ ~ __
~~~ _u
. ~•
f- . ~ . ~ •I1cJ ~~
~~~ ~ ~x ~
~~~ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Department of Development Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361)826-3240
Located at: 2406 Leopard Street
(Corner of Leopard St. and PoR Ave.)
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".
FIRM NAME Estate of Roy Milton Smith, Deceased
STREET: 802 N. Carancahua, Ste. 200 CITY: Corpus Christi, TX ZIP: 78470
FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association
5. Other X -Estate of Decedent
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
2. State the names of each "official" of the City of Corpus CNtristi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
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 "fir~rn".
Name Board, Commission or Committee
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
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: Ronald McGee VP Frost National Bank, Co-Executor, Title: Vice President
Estate of Ro ilton Smith Deceased
N j~~j s
Signature of Certifvina Person: ~.~ / . !~ ~- Date: ~ ~ / tt ~
G~\FILES\SMITH. ROY`,REAL PROPERTY\OSO RIVER~DISCLOSLIRFOFRJTF,RF.STSSTATF.MF.NT - LFNTIOX TRACT DOC
,_ _ _ -
~;
--._....; CITY OF CORPUS CHRISTI
° DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Department of Development Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361)826-3240
Located at: 2406 Leopard Street
(Comer of Leopazd St. and Port Ave.)
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 ansro~rered. If the question is not applicable,
answer with "NA".
l/~
FIRM NAME QI7Y+ c.~~~ ~~~V~ ~,~alss
STREET: / ~ ~'~~' ~~a G1 CITY: ~/,~ds C~Wts~}- ~k ZIP: ~~_
FIRM is: 1. Corporation ~ Z. Partnership 3. Sole Owner 4. Association
5. Other ~.. n ~ Ji ~i~~
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page crr 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 owners-hip in the above named "firm".
Name Job Title and City Department (if known)
/v~
2. State the names of each "official" of the City of Corpus CN~risti having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name ~/~ Title
/G'
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name ~/~ Board, Commission or Committee
/~
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an `°awnership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultam~t
~J~
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, Texa~s'as changes o/~ccur. /~ ~ , /
Certifying Person: /~Yl~,c; ,%~~.~^ /~~s Title: -L/1~~~+~~~`%~~(
(Type or Prjt~) ,L ,~
Si nature of Certi in Person. ! G~t.l ~ -~-~-~-''~^~'--Gi-rte%i Date: ~fy/
9 fy 9
C:\DOCL'ME-1 \REAGANU.OCALS-1\TEMP~DISCLOSL'REOFINTERESTSST:ITEMENT.DOC
"-~------_- CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi, Texas
Department of'Developtnent Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located at: 2406 Leopard Street
(Comer of Leopazd St. and Port Ave.)
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". _
FIRM NAME
C.~ y1 ~) f
STREET: ~~ J~~X t~'~L~ CITY: ~ f ~l;y~~~ IX ZIP:
FIRM is: 1. Corporation ~~ // Partnership 3. Sole Owner 4. Association
5. Other ~ i7dJdr~rN,~•~
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
~~
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Title
~~
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Cammission or Committee
~~~
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name ~ f Consultant
/~' ~~
CERTIFICATE
I certify that all information provided is true and correct as of the date o 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 change~sjoccur. ~' ,,
Certifying Person: ~~~ ~~'~ , ~"~~"~j~' 'ter-~--1. Title: ~~~/?~j~~
(Type or Print),~~' ~ ~,
\ ~ ,~v
Si nature of Certi in Person: ' , ~~.w - • '~'~~ 1t i Date: ~7,
g fy 9 . _,,
C: \DOCUME-1 ~REAGAN\LOC?.LS-1 `,TEMP`,DISCLOSU REOFINTERESTSSTA'rEMENT.DOC
Participation Agreement
OR IGINAL Between Smith & Peterson Parties and City'
Page 1 of 6
PARTICIPATION AGREEMENT
STATE OF TEXAS §
Doc* 2010002708
COUNTY OF NUECES §
THIS PARTICIPATION AGREEMENT is entered into between the City of
Corpus Christi, a Texas Horne -Rule Municipal Corporation, P. O. Box 9277, Corpus
Christi, Texas 78469 -9277 (the "City ") and The Estate of Roy Milton Smith, Deceased,
and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78470-
0184 (the "Smith Parties "), and Patricia Peterson Nuss and Chris Ann Peterson Brown,
P.O. Box 8229, Corpus Christi, Texas 78468 (the "Peterson Parties "), The Smith Parties
and the Peterson Parties are hereinafter referred to together as "Owner ".
WHEREAS, the Smith Parties and the Peterson Parties own as joint tenants in
common that certain real property located in Nueces County, Texas, being Lots 9, 10, 11,
22, 23, 24, 25, 26 and 27, Section 28, Flour Bluff and Encinal Farm and Garden Tracts
(the "Property ") as shown on the attached preliminary plat, Exhibit 1 (attached and
incorporated), and Owner desires to plat a portion of the Property designated on Exhibit
1 as Lot 1, Block 4,.Oso River Estates ( "Lot 1, Block 4 "); and
WHEREAS, as a condition of such plat of Lot 1, Block 4, Owner is required to
extend and construct the public roadway to be known as the extension - -of- Ennis Joslin
Road from its existing terminus approximately three hundred (300) feet south of South
Padre Island Drive to Williams Drive, including bridge improvements as depicted on and
in accordance with the improvement requirements set forth on Exhibit 1 (the "Roadway
Extension "); and
WHEREAS, it is in the best interests of the City to have the public street
infrastructure installed by Owner in conjunction with the Owner's preliminary plat; and
WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a
municipality to make a contract with an Owner of a subdivision or land in the
municipality to construct public improvements related to the subdivision or land;
NOW, THEREFORE, in order to provide a coordinated public street
construction project, the City and Owner agree as follows:
Subject to the terms of this agreement and the plat of Lot 1, Block 4, Owner will
construct the Roadway Extension 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.
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
DIANA T BARRERA
NUECES COUNTY, TEXAS
An ravision herein which restricts the Sale, R
ental or use
of the described REAL PROPERTY because of Race,
Color
Religion, Sex, Handicap, Familial Status, or Nat
ions origin
is invalid and unenforceable under FEDERAL LAW,
3/122/89.
Doc# 2010002708
#pa es 14
6/2010 3.25PN
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $61.00
r;��y nf Cor�»as �:;arisii
cn; stard, usi�,s "1
ORIGINAL