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HomeMy WebLinkAboutC2010-208 - 6/29/2010 - Approved� $ UI STATE OF TEXAS WATER ARTERIAL TRANqN*WN R-j S 2 . 2 GRID MAIN REIMBURSEMENT AGREEMENT COUNTY OF NUECES DaPg:L#r 201002 THIS WATER ARTERIAL TRANSMISSION AND GRID MAIN REIMBURSEMENT AGREEMENT ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Gladys Mattie Smith and Frost National Bank, as Co- Trustees of the Gladys Mattie Smith Martial Trust, and Gladys Mattie Smith, 802 N. Carancahua, Suite 1270, Corpus Christi, Texas 78401 (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 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 final plat known as Lot 1, Block 4, Oso River Estates, Exhibit 1 (attached and incorporated); WHEREAS, as a condition of such plat of Lot 1, Block 4, Owner is required to construct a public waterline as a condition of the plat requirements in order to record the proposed Lot 1, Block 4; WHEREAS, Owner proposes to extend a 12 -inch waterline from South Padre Island Drive (SH 358) south to Holly Road in order to have a looped waterline consistent with the Platting Ordinance; WHEREAS, under the Platting Ordinance, the Owner is eligible for reimbursement of the Owner's costs for the construction of the waterline; WHEREAS, it is in the best interests of the City to have the 12 -inch waterline from South Padre Island Drive (SH 358) to Holly Road installed by Owner in conjunction with the Owner's final plat; and 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 the City Council, from the Grid and Arterial Transmission Mains Fund as per Platting Ordinance, Section V.13.5.(f)(1)(ii.)(4), and such funds are fully available in, and are appropriated; and 2010 -208 M2010 -158 Page 1 of 10 06/29/10 Smith & Peterson Parties INDEXED WHEREAS, Dwner has submitted an application for reimbursement of the casts of installing the waterline and an application for waterline credit, see Exhibit 2 (attached and incorporated}; NOW, THEREFQRE, in order #o provide a coordinated waterline construction project, the City and Cwner agree as follows: 1. REQUIRED CONSTRUCTION The Owner shall construct the 12-inch waterline improvements, in compliance with the City's Platting Ordinance and under these certain plans and specifications far Improvements to Oso River Estates Lot 1, Black 4 {17 sheets} approved by the Development Services Engineer vn May 21, 2010, as described on the coversheet tv such plan and specifications set forth on Exhibit 3 {attached and incorporated}, 2. PLANS AND SPECIFICATIONS a. The Dwner has contracted with a professional engineer, acceptable to the City's Development Services Engineer, tv prepare the approved plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design, as supplemented and further described in the plans and specifications: {1} Install 3,777 linear feet of 12-inch PVC pipe. {2} Install 1 tone} 30-inch tapping saddle with a 12-inch gate valve. {3} Install 6 {six} 12-inch gate valve with box. {4} Install 3 {three} fire hydrant assemblies. {5} Install 9 {nine] 6" x 3a" PVC pipe nipples. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications and have been approved as such. c. Before the Dwner starts construction any modifications ar changes tv the plans and specification must be approved by the City's Development Services Engineer. 3. S#TE IMPROVEMENTS. Prior to the construction of the 12-inch waterline improvements, no site improvements are required. 4. PLATTING FEES. Owner shall be responsible for the required acreage fees and pro-rata fees as required by the Platting ^rdinance and shall receive a credit from the City of Corpus Christi for such fees in accordance with the application for waterline credit, see Exhibit 2. Page 2 of 10 5. QWNER AWARD CQNTRACT FQR IMPROVEMENTS. Dwner shall award a contract and complete construction of the improvements tv 12-inch waterline, under the approved plans and specifcations, by June 3fl, X011. 6. TIME IS QF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PRGMPT AN^ GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties ar obligations under this Agreement. If this Agreement calls far review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly, but in any case at least monthly. 8. DEFAULT. The following events shall constitute default: a. 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. owner's professional engineer fails tv submit the plans and specifications tv the City's Director of Engineering Services by the 30th calendar day after the date of approval by City Council. c. Owner fails to award a contract for the construction of the project, according tv the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. Qwner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. owner's contractor fails to complete construction of the project, under the approved plans and specifications, an or before June 3d, 2011. f. Either the City or Dwner otherwise faits to comply with its duties and obligations under this Agreement. 9. NQTICE AND CURE. a. in the event of a default by either party under this Agreement, the non- defauiting party shall deliver notice of the default, in writing, tv 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"} tv cure the default. Page 3 of 1 Q 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 Owner fail to perform any obligation or duty of this Agreement, the City shall give nvtkce to Owner, at the address stated above, of the need to perform the obligation or duty, and shoukd Owner fail tv perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation ar duty, charging the cost of such performance to Owner by reducing the reimbursement amount due Owner. e. In the event of an uncured default by the Owner, after the appropriate notice and cure period, the City has all its common law remedies and the Ciry may: Terminate this Agreement after the required native and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure tv be served by the project. 3. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to owner. Owner shall pay to City the reasonable and necessary cost of the performance within 3g days from the date Owner receives notice of the cyst of performance. In the event that ^wner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then fhe Agreement shall be considered in effect and no longer in default. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner 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, ^r other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; yr 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 tv 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 [1 d} business days after the occurrence ar waive the right to claim it as a justifiable reason for delay. The obligations of the Page 4 of 1 d party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for nv longer period, and the party shall endeavor tv remove or overcame such inability with all reasonable dispatch. 11. NQTICES. 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 address for such party set forth above and to the following address: If to the Qwner: Gladys Mattie Smith Martial Trust Gladys Mattie Smith Patricia Peterson Nuss Chris Ann Peterson Brown clo Frost National Bank 802 N. Carancahua, Suite 200 Corpus Christi, Texas 78470 2. If to the City: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: Assistant City Manager ^evelopment Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certifred, 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. owner's contracts with the professional engineer for the preparation of the plans and specifications far the construction of the project, contracts for testing services, and with the contractor far the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFgRMANCE BDND. Owner shall require its contractor far the construction of the project, before beginning the work, tv execute with Owner and the City a performance bend if the contract is in excess of $100,000. The performance Page 5 of 10 bond must comply with Texas Government Cvde, Chapter 2253 and must be in the farm and substance as attached to this Agreement. 14. WARRANTY. Owner shall cause Owner's contractor to fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. The City will reimburse the Owner 1 dl3°I° of the reasonable cost of the 12- inch waterline improvements, not tv exceed $223,D8d.97. See attached cyst estimate ~Exhihit 4}. b. The City agrees to reimburse the Owner on a monthly basis upon invoicing far work performed. The reimbursement will be made no later than 3D-days from the date of the invoice. Owner 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 shall 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, but at least monthly in compliance with the reimbursement payment schedule. d. In the event that this Agreement is terminated by the City due to Owner's default after notice and the Cure Period and at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse 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 Owner. 1fi. fNDEMNIFICATIQN. Qwner shall indemnify and hold harmless the City, its agents, officers, and employees ~"Indemnitees"} from all suits, actions, or claims and from all 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 this 12-inch waterline improvement construction. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Lots 9, 10, 11, 22, 23, 2~4, 25, 26 and 27, Section 28, l"Iour Bluff and Encinal Farm and Garden Tracts, to be platted as Lot 1, Block 4, Dsv River Estates, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure tv the benefit of the Owners successors ar assigns. Page B of 1 D 18. DISCLOSURE OF OWNERSHIP INTERESTS. Owner further agrees, in compliance with the City Ordinance No. 1711 Q, to complete, as part of this Agreement, the ^isclasure of Ownership interests form attached hereto as Exhibit 5. 19. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Owner, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 2Q. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority tv act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTE^ IN TRIPLICATE originals, this ~~day of , 2a1Q. ATTEST: THE CITY flF CORPUS CHRISTI Armando Chapa City Secretary r By: ~ n el R. Escobar City Manager THE STATE CF TEXAS ~ COUNTY CF NUECES § This instrument was acknowledged before me on ~~.wc,. ~~, 2Q1 Q, by Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. HQLLY HW~HrOH • ~ h1'! cOMM18SI0N ExPIRES Sopieu~6er 24, 2612 •H Notary Public, State of exas APPROVED AS TD FORM: p,~" day of , 2Q10 / V .~~ barah W. Br w ssistant City orney for the City Attorney ~~ ~ ~ ` ~ "~~ awlifTHpRI].~D 1~ L'-0It1~~lt .. ~iP.,~.~a 0 •~lll Hl SAC ~~R~~ Page 7 of 1 D Gladys Mattie ith, as Trustee of Gladys Mattie Smith Martial Trust THE STATE ^F TEXAS § COUNTY ^F NUECES § This instrument was acknowledged before mean ~u ,~.~ ~ 1~ , 2410_, by Gladys Mattie Smith, as Trustee of the Gladys Mattie Smith Martial Trust. u~ a. +~rNanarr * ~~ 8TATE OF T@ifAB wy comm. ~. o~.o~-zots Notary ublic, State Texas ^^~~~~~a~~~a~~~~~~~~~~~~~sa~~~~~~~~~~~~~~~~~~~~~~a~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1~ Ronald .McGee, Vice President, an behalf of the Frost National Bank, as Trustee of the Gladys Mattie Smith Martial Trust THE STATE CF TEXAS § COUNTY ^1= NUECES § This instrument was acknowledged before me on _ ~u~~],al , 2010_, by Ronald G. McGee, Vice President, on behalf of the Frost National Bank, as Trustee of the Gladys Mattie Smith Martial Trust. ~~.~~~ Nv ary ublic, State a exas } -~oe.ry ~ STATE OF TEx-~$ My Comm. ~, Ga07~013 Page 8 of 10 Gladys Mattie mith TH E STATE OF TEXAS § COUNTY QF NUECES § This instrument was acknowledged before me on ~u,~e `~I,~ _ , 2D1 Q, by Gladys Mattie Smith. u+~o~-,~. ~rwarar * Noaery PubNc sr~~ of t~As IJy Comm. Exp. OY-0Z-013 ~-r N ry blic, State of exas a rrrrrrrr~~r~rrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrwrrrrrr~rrrrrrrr~rrr~ THE STATE GF TEXAS § COUNTY OF NUECES § This instrument was acknowledged Patricia Peterson Nuss. C_, L. Patricia Peterson Nuss JUANA JEAN BARTpp AAy Cammlatlon Explrea June 3, 2p1S me til, zo~~, by ~- vtary Public, tate of Texas ^^rrrrrrrrrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrarrrrrrrrr~ Page 9 of 10 Chris Ann Peterson Brown THE STATE OF TEXAS § COUNTY ~F NUECES § This instrument was acknowledged before me on vr4 ~• , 2010, by Chris Ann Peterson brown. atary Pu ~, State of Texas JUANA JEAN 9AitTDH My Gonuni:=Ion Expirt~ June 3, 2G]3 .,Rh p~ Page 10 of 10 ~ ~ ~ `~ ~ t~ ~g ~~ ~G ~ _ ~~ ~ g~ ~ ~ ! ~ ad~ _ i ~ ~ ~ .i ~ ~3 € ~ ~~ ~~ ~~ ~~ ~ ~~ 7~~ ~~ ~ a~~~~ ~ n ~ ~ ~~~ ~ ~~~ ~~~~ ~ ~ ~k ~ ~~ ~a~~~ ~ e~~ ~~~~~ ~ ~ ~ € ~ ~~ _~~~ ~ ~ ~ G ~ ~~ ~ ~ ~ ~ ~~~~~ ~~ k ~n ~~ ~ 'b W W a ~~ ~~ ~ ~ ~ ~~~_~ ~~-- Q adz I-- ~ .. 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(SH 3561 tiJ V L x y ~ x o ~ { II §b$fs~s~~ ~A::~ EB~~~~ i~njL~ ~~~LS I II ~ I ~.. ~es..~ ~i.sa€ ~4.5~~ 'x.53.', I ~I s l s g o o a o o - I ~, ~ ~ I 4 If ~ I r ~ I li I W 1 11 ~' 1= v I. ~ ~~ toa r dr~ o~ ~~ W C 7 m ~~~ .fl ~ I, AI ~,CE C1 W Ig [7 ~ ~ N ±~~ ~ P 2 ~. ~. I pg ~~ ~ o ~ ° } ~i~ I I I (r ~ ~, e~~ W ~ II '~ ~ I ~I ~~ 4 I" Q ~ I ~ -`~ o ~r` t l~~ L. n N ~ ~ ~~1-t_ _ ,~ ~ { I Ran ~C- Y' ie ~ . - ~ ~~ I ~~ T~ i ioS I ~f "'' - I ~~ - 1t~* _ __~ ~ `~1 mW~ - ___y-nrr1~'~;ri i~8~li II; ''' S I ~~ a~ _~a--- - ~a~ ~~. 'Y~ ~ f~u~l~ II o s ~e ~> v -r~-31 I~#~ ~ ~ ax~~~~E '~~~ I I ~ I ~ vi m o ~ °! [u ~w 1 P W 7 ~ ~ytl OVA m~ _~ R~_ 1~~~ ~' ~~ IL I.~~AI ~ }{. r ,,_e~ Q lY'u 1~]~'sfR itl~s>QY~n llvs ~' OCQI~ ~~~~~`v~ I II I+ ~ ~'~ 1 t~ I [] ° 'ex '1735 '17 1 n 1 i~ z~ u EXHIBIT 'I PAGE 2 of 2 APPLICATIQN FQR WATER ARTERIAL TRANSMISSIGN & GRID MAIN CflNSTRUCTIGN AND REIMBURSEMENT AGREEMENT VVe, Glad s Mattie Smith and The Frost National Bank as Cv-Trustees of the Glad s Mattie_ Smith Marital Trust; Glady, s ,Mattie Smith; Patricia Peterson Nuss; and Chris Ann Petersen Brown, owners and developers ^f proposed Oso River Estates, Black 4, Lot 1 subdivision, hereby request reimbursement of $223 080.97 for the installation of the water arterial transmission & grid main in conjunction with Osv River Estates, Black ~l, Lot 1 subdivision, as provided far by City Ordinance No. 17092. Said $244,406.47 is the construction cast, including Engineering, in excess of the lotlacreage fee, as shown by the cost supporting documents attached herewith, By: ~C--~1-1~ ladys Matti Smith, Individually, and (Date) As Co-Trustee of the Gladys Mattie Smith Marital Trust THE STATE OF TEXAS § COUNTY OF NUECES § This ins#rument was acknowledged before me on ~~ ., e ~7 ]~ , 2010, by of the Gladys Mattie Smith Marital Trust. ~~ sr~YE of ~xn-s ~r comm. ~. aaoa~s Notary Public i and far the to of Texas By: .• 6 Ronald G. cGee, Vice President, (D te) On Behalf of the Frost National Sank As Co-Trustee of the Gladys Mattie Smith Marital Trust THE STATE DF TEXAS COUNTY OF NUECES This instrument was acknowledged before me vn ~Ce~-~~1,~ _ , 2Q 1 U, by Ronald G. McGee, on behalf of the Frost National Bank, as Co-Trustee of the Gladys Mattie Smith Marital Trust. uHa-~ a. r~rr~3rar „ ~ Notary ubii in and fort State of Texas sr~rE aF rods i,Ry Comm. Exp. b0-02-2043 EXHIBIT Z PAGE 9 of 4 (~~f7 , / B ~+6[ vsl~C-IC~ ~~<~Y Y Patricia Peterson Nuns {Date} THE STATE OF TEXAS § COUNTY QF NUECES ~ ~- This instrument was acknowledged before me an ~ vizt 241 ~, icia Peterson Nuss. JUAkA.IE11M eARTDM #~y- corrwr~~vn Expln~ ~xa ~un~ 8, 2Gi8 Notary Public in an far the State of Texas By: _ ~ ~ Chas Ann Peterson Brown D te} THE STATE DF TEXAS § COUNTY DF NUECES § This instrument was acknowledged before me on ~ ~ 1 , 241 d, by Chris Ann Peterson Srown. JkiAl1A JEAt~I 611R'[ON lYly Con~~lan Exp~= _ ~ 3, TG13 Not ublic in an or the State of Texas ~,~- CERTIFICATION The information submitted with this application far reimbursement has been reviewed and determined to be correct. Reimbursement is sub}ect to: {a} sufficiency of funds in the Distribution Main Trust Fund, and {b} appropriation and approval by City Council. (~ririt.L ~P~z 3 ~v Juan Perales, Jr., .E. {Date} Development Services Engineer EXHIBIT 2 PAGE 2 of 4 APPLICATIQN FOR WATERLINE CREDIT We, Glad s Mattie Smith and The Frost National Bank as Co-Trustees of the Glad s Mattie Smith Marital Trust=Gladys Mattie Smith; Patricia Peterson Nuss; and Chris Ann Peterson Brawn, owners and developers of proposed Oso River Estates, Slack 4, Lot 1 subdi~isian, hereby apply for $21,325.54 credit towards the water latlacreage fee for the installation afthe grid main waterline as provided far by City Grdinance Na. 17492. $2~4,~06.47 is the construction cost, including 10°/0 Engineering, as shown by the cost supporting documents attached herewith. Gladys Mattie S ith, Individually, and (Date} As Co-Trustee of the Gladys Mattie Smith Marital Trust THE STATE OF TEXAS COUNTY GF NUECES This instrument was acknowledged before me on ~u ~- 1.~ , 2414, by Gla f the Gladys Mattie Smith Marital Trust. W uNO--r. ~rn+aTa+ Noarr Putwla STATE OF Tl7LA8 ~ FAy Comm. Ems. O~•p~,~015 Notary Public i and for the ate of Texas By: G ~~ a Ronald G. cGee, Vice President, [Date) Qn Behalf of the Frost National Bank As Co-Trustee of the Gladys Mattie Smith Marital Trust THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _ _ ~u,~ e _~ 1,04 , 2414, by Ronald G. McGee, on behalf of the Frost National Bank, as Ca-Trustee of the Gladys Mattie Smith Marital Trust. u+rr~ r. ~r+~oTVN * * Haeary Pu~lrc STATE OF T~xAS Notary Ny Comm. Exp. Da-0~-2619 EXHIBIT 2 PAGE 3 of 4 P blic in and f the State of Texas Y Patricia Peterson Nuss ( ate} THE STATE OF TEXAS COUNTY QF NUECES § ~- q This instrument was acknowledged before me vn ~~' I Fatricia Peterson Nuss. 201 ~, by J11AHA JEAN aARTafM + My Cammfs:Ion Font Jun:3, 2018 Notary 'c in and for a State of Texas ~~~a~ By: ~ ~ ~ Chris Ann Peterson Brawn ~ ate} THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me vn ~~'"~ , 2fl 10, by Chris Ann Peterson Brown. aRr JUAHA JEAN BARTQH My Cammlaslon Explros June 3, 2013 ~i~a~ Not blic in and fo a State of Texas CERTIF~CATIDN The information submitted with this applic tivn has been reviewed and determined to be correct and a credit of $21,325.50 is herewith appr ved. ~ ~ z~ ~ .Yuan Perales, J ., P.E. (Date} Development Services Engineer EXH 161T Z PAG ~ 4 of 4 1 "is a~ ~g" Y SP yid `~ .~ ~ ~~g ~~ ~ o k :~ f ~=-J V Q n~ Cnl ~J ~~ ~ ~ 4J ^^ ~J~]a nVnG~ I~N l u u 3 'ryr `~' {n~ Q ~ ~J~~ ~ V G p o I~P~o ~ IJ r~ ~ ~ ~n~ ~V ~a ~n V In~~ L~! ti~ V n n~ I~~I a 0 .•~ ~a R F ,... !~~ e~°9~~~ 3=i ~f ~ ' : ~i :~~ a ~ i R ~ " a t - a o u ~ ~W Po n ~ L" w a yy ~ N o ~ ~ ~ w ~ ~~ u ~ ~ cJn 3 N_ ~2 ~ s O4 ; ~ p Z zz N 0 o ~ L y N ~ V N O ~ ~ Z $ ~~ ° a ° a ; ~ ' g g 7J ~ ' %' w ° W° z ~ 3 s ~o t- a~ ~i r yn W ~~ LL W N u rN ~ ~ 3~ ~ ~ n rc° Q ~ o r ~x ~ ~ "~ ~ # ~~ m ~ ~ 5~ 03 ~ u ~ a ; s ~i u~ o on o ~ ~ ~n~ u' g ~~. xr, x~ . c 3 ~ $ W N iv W en N ~ W w G ~n N N v~ ~ w G G G N H n G G G uu N H N N GGu G G y N N i ~ a ~ ~ ~ ~ ~ ~ ~ r ~ 6 ~ ! f ~ _ f ~ - 1 ~ ~ ~~~I~~~~~~~ .~~~~Li#~~~1 I r BL:a;fkl$ry;, Y~ ¢¢~I~~~~~ ~~~~4~ iar.CrY~5ii:i~~i: ~~~~ ~~ ~ ~ ~~.~ ~ I ~, , ~~i ~.~ ~ Igo ~ ~g '~~~f ~~~1%7~~g~~~`~~~Pa~~a~ ~~~~t ~~~ ~~ rg s~~a~~~a~~~~~d~3~~~~~~~6l~~sss~~~~~~ ~~:~ YYYyp_~~G itl ~~ ~ ~ {4~~ ~~' ~ ~ ~~~a ~ ~r~, Q i! rg rg S~ ~ ~J G ~ ~ ~ g a_ y~8 F a~~~~ a U ~~~~ i 1 3 ~~~ ~ ~~~r~ ~~ ~~~~~~~ tl F $gpli s ~e~¢~1 l $ ^r ~ 9 a ~ a~ ~ ~ ~~~_ •I ~ ~a ~ a=~ ~~~ F.§ j{~ Rf ^~~~ ~E 9}3~e~e ya ~~~ r~~e ~~~~ 9~~ ~f~~~ j3 ~ ~€i~~ix~ f i ~ ~ ~~•f~i~ ~ ~ ~ ~~~~g ~~ ~ ~ - ~~~ ~~ Y ~~ ~~ ~~~~ rat t~~ Y ~ R x q 0 3 c~~ ~ t o } ~ rr. 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S f! ~i i~rar°a~ lkii~l is~y r i~ ':`e 1% ~i#E ~i ~~ r~ P=: * ~ E•ai r r~ 2 EXHIBIT 3 OSQ RIVER ESTATES HLK 4, LOT 1 WATERIMPRdVEMENTS PRELIMINARY CdSF ESTIMATE 99922-PCE-REIMB.xIs 6142010 WATER I77M3 QUANTITY UNIT UN-T PRICE A14f[3UNT 1. 30" TAPPING SAl7[]LE WITH 12" TAPPING GATE VALVE WIBOX 1 EA 3,000.99 3.009.09 2. 12" PVC PIPE 3777 LF 45.1^ 170,342.70 3. 12" D!P WITH RESTRAINED JOINTS 160 LF 199.99 16.900.00 4. 12" GATE VALVE WlBOX 6 EA 1,900.00 11,400.00 5. 12" JC 8" REDUCER, MJ 1 EA 499.00 400.90 6. 12" TEE, MJ 3 EA 475.00 (,425.00 7. 12" 45° EL, RESTRAINED JOINTS 4 EA 759.09 3,990.00 S. FH ASSEMBLY 3 EA 2,909.00 8.7W,09 9. 8" TAPPING SADDLE W!8" TAPPING GATE VALVE WBdX 1 EA 1,000.90 1,999.90 10. fi" GATE VALVE W18dX 3 EA 675.00 2,025.00 11. 6" 99° EL, MJ 3 EA 290.99 870.00 12. 5"X30" PVC PIPE NIPPLE 9 EA 225.99 2,025.00 13. PAVEMENT PATCHING 1 L5 2,DO9.OD 2,090.99 TOTAL WATER CONSTltUCTSON >j22Z,1H7.TO 10~ o ENGIIVEERJ1~iG, TESTING 8t BONDS 22S .21$.77 TOTAL (244,406.47 Water [itstrldutlan System acreage fea Credit 321,325.50 TOTAL. REIMBURSEMENT 5223,080.97 EXHIBIT 4 ~~:. ,;F~;~ _- CITY OF CORPUS CHRISTI ' DISCLOSURE ^F INTERESTS City of Corpus Cdrisd, Texas Depanmem °f De~•e1°pmenl Sen'ices P.b. Box 4277 Carpus Christi, Texas 78469.4277 [361)826-324D Located al: 2406 Leopard SUeel (Comer of Leopard St and Port Awe.] City of Corpus Christi ^rdinance 17112, as amended, requires al! persons ar firms seeking tv do business with the City to provide the following information. Every question must be answered. I# the question is not applicable, answer with "NA". FIRM NAME Gladys Mattie Smith, Marital-Trust , STREET: 802 N. Carancahua, Ste. 204 CITY: Corpus Christi, TX ZIP: 78470 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. ^ther X -Trust 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 Carpus Christi having an "ownership interest" cons#ituting 3°I° or more of the ownership in the above named "firm". Name Job Title and City Department [if knowny NA 2. State the names of each "official" of the City of Carpus Christi having an "ownership interest" constituting 3°I° ar more of the ownership in the above named "firm". Name Title NA 3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest" constituting 3°Io 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" far the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3°I° ar mare 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-Trustee Glad s Mattie Smith Marital Trust Signature of Certifying Person: G 1hSCGf•.f:~WORp15AfrTH, ROY hi ESTA'I~~SIfSCLOSLIREOFIN7ERF.5TS5TATEN ~" `• • I ~~~ Title: Vice President Date: ~i ~-i D ro.:.Sc•c ~~ - CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City ar Corpus Ch rises, Texas Ucpartmem of f7e~elapmenl Senires PA. }3ox 4277 Corpus Christi, Tcxas 78469.9277 [361]826.3244 Located at: 2406 Leopard Slree[ [Comer °f Leopard St. and Port A~e.J City of Carpus Christi Ordinance 1T112, as amended, requires all persons ^r firms seeking to do business with the City to provide the fallowing information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME Gladys M. Smith__ STREET: 4938 5. Staples, Ste. C2 .--_ CITY: Corpus Christi, TX ZIP: 78411 FIRM is: 1. Carporatian 2. Partnership 3. Sale Owner 7C1C)( 4. Association 5. Other DlSCL05tlRE QUESTION5 If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "empfayee" of the City of Corpus Christi having an "ownership interes#" constituting 3°I° or more of the ownership in the above named "firm". Name Jvb Title and City department {if knowny 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°I° ar more of the ownership fn the above named "firm". Name Title NA 3. State the names of each "hoard member" of the City of Corpus Christi having an "ownership interest" constituting 3°I° or more of the ownership in the shove named "firm". Name Board, Commission or Committee NA 4. State the names of each empfayee or officer of a "consultant" for the City of Carpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3°I° or more of the ownership in the above named "firm". Name Consultant NA CIrRTIF[CATE 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 tv the City of Corpus Christi, Texas as changes occur. Certifying Person: Gladys M. Smith Type or Printy Signature of Certifying Person: c ~nsccE~worenunttr~s, Ror nt rsr.~7twiscLOSUrsEOFna7~a~s7ssrnr~nsFrrr EXH I6iT ~ ~ Title: Date: ~ --1 ~ ~_ fit-- ld CITY OF CORPUS CHRISTI '-^~'~ DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to da business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with °NA°. FIRST NAME: ~ ~~i , ~-i~'TM i~vss n~ i ~ r~.-}~~a~•, ~ ~,1 STREl=7: r o ~~ ~ o ~'a` 1 CITY: ~`-" "~ ~~',~1s~ } ZIP: ~ ~ FIRM IS: ^1. Corporation ^2. Partnership ~3. Sale Cwner ^4. Association ^5. Dther QISCLDSIJRE QLIESTIDNS if additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°I° or more of the ownership in the above named "firm°. Name Job Title and City Department cif known} ~~~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest' constituting 3°I° or more of the ownership in the above named °firm°. Name e~j Title 3. State the names of each "board member' of the City of Carpus Christi having an "ownership interest° constituting 3°Io or mare 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 "ownership interest° constituting 35 or mare of the ownership in the above named °firrn°. Name Consultant 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: ~ ~ i ~san ~a 2 ~ Nv-~ ~ ~i'?~ Title: ~n~'s Type r Signature of Certifying Pecs ~ ~ ~ ~ Date: ~ ~ o EXHIBIT 5 PAGE 3 of 3 . ORIGINAL Duct 20la3f- � Paves 22 07/09/2010 1:21PM official Records of NUECES COUNTY DIANA T. 8ARKERA COUNTY CLERK Fees $99.00 Any wrovision herein which restricts the Sale-7 Rentol or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Notional Upiyin is invalid and unenforceable undmr FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number menuence on the dote and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nuecms County, Texas Diana T. Borreru ` , \ `