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HomeMy WebLinkAboutC2011-116 - 4/12/2011 - Approved' t DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Distribution Main 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 North Beach Holdings, LLC, c/o Magnum Oil Tool International, LLC, 5655 Bear Lane, Suite 100, Corpus Christi, TX, 78405 ( "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on January 19, 2011, to develop a tract of land of approximately 0.59 acre called Corpus Beach Hotel Addition, Block III, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and the Corpus Christi Beach, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Distribution Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Distribution Main Extension; WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Section V.13.5.f.)(2) of the Platting Ordinance, authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Mains Trust Fund and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Distribution Main Extension (Exhibit 2); 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 Distribution Main 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 Distribution Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 695 linear feet of 8 -'inch PVC water distribution main line. 2. Install one (1) 6 -inch gate valve with box. INDEXED 2011 -116 RECORDER'S MEMORANDUM Page 1 of 7 At the time of recordation, this instrument was found MZa11 -a9a to be inadequate for the best photograph reproduction 04/12/11 because of illegibility, carbon or photocopy, discolored paper, etc. All blockout additions and changes were North Beach Holdings present at the time instrument was filed and recorded. Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi 3. Install one (1) fire hydrant assembly. b. The Distribution Main Extension must begin at the intersection of Surfside Boulevard and Hotel Place South and extend around Block III to Paul Place and connect to the existing 8 -inch lateral at the intersection of Surfside Boulevard and Paul Place. c. The plans and specifications must comply with City Water Distribution Standards 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 Distribution Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Distribution Main 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 required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Distribution Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by October 31, 2011. 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. 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. Page 2of7 Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 31, 2011. 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 above, 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 all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 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. In the event of an uncured default by the City after the appropriate notice and cure period, the 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; Page 3 of 7 Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 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: North Beach Holding, LLC c/o Magnum Oil Tool International, LLC 5655 Bear Lane, Suite 100 Corpus Christi, TX 78405 ATTN: Lynn Frazier 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, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change 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. 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. Page 4 of 7 Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi 14. WARRANTY Developer shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main 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 the reasonable cost of the Distribution Main Extension, not to exceed $26,051.75. See attached cost estimate (Exhibit 4). 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 FULLY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ( "INDEMNITEES ") FROM, AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION WORKERS COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. 17. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Corpus Beach Hotel Addition, Block III, Lot 52A, 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. 18. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by Developer to another without 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 attached hereto as Exhibit 5. Page 5of7 Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi 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 IV day of ' 2011. North Beach Holding, LLC (Owner/ Developer) c/o Magnum Oil Tool International, LLC 5655 Bear Lane, Suite 100 Corpus Christi, TX 78405 By• L THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on - "v , - ) � " � )b , 2011, by Lynn Frazier, President, North Beach Holding, LLC, Owner /Devepr, orus Beach Hotel Addition, Block III, Lot 52A • Not y Public, State of Texas toll PATRICIA VILLA 1A. • 6� $° °c Notary Public, State of Texas : e, My Commission Expires January 11, 2014 Page 6 of 7 Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi CITY OF CORPUS CHRISTI ( "City ") 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTEST: Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES THE CITY OF CORPUS CHRISTI By: C Margie (3 " Rose Interim City Manager r This instrument was acknowledged before me on 45 — , 2011, by Margie C. Rose, Interim City Manager, City of Corpus Christi, Tex s, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Tdxtts APPROVED AS TO FORM: day of �L�— ; 2011 ,Deborah W. Bro Assistant City At of y for the City Attorney Page 7of7 Nam-No A[f''I•HM2ED 3Et'�r�TARY�J,b. T 2 W_ GRAPRIC SCALE 1 RT1 I. L 1- -a a TW !< m 0 x 4 N v NOTES 1, THE YARD REQUIREMEKTN 7yJQ- AS DEPICTED. IS A REQUIRUENT DF THE ZONiNO pRDWWlCE AND IS SII&fECT 70 CHANCE AS THE ZONING MAY CHANGE. SKE IS CURREII ZONED AT". APARIME7JT TOURST 2. THE, MS OF BEARING IS STATE OF TEVAS- LAMEERT GRID, SOUTH ZONE. NAD 1SE3, FRDU NGS STATION SK -T30, 3. A SUBJECT PROPERTY LIES WITHIN ZONE V22 EL 13 R ZONE V22 EL 15 AS SHOWN ON THE FEDERAL EMERCENOY MANAE£NIM AGENCY (PEk4). FLOOD INSURANCE RATE MAP (FIRM) OF CORPUS CHRI511, ToAS CUMMUNRY AND PANEL NUMBER 485184 9159 C DATED .JULY 18, 1085 C THE RECE74ING WATER FOR THE STORNJ 1YATER RUNOFF FROM THIS PRDPERIY IS THE CORPUS - CHRISTI W. THE TOM RAS CLASSIFIED THE AQUATM LIFE USE FOR THE CORPUS CHRISn SAY AS 9 l5pCEpR0NP1" AM - OT37EH WATERS, TCEQ ALSO CATEGORIZED THE CORPUS CHRIST DAY AS "CDNTACT RECRFATION" USE, S. PRIVATE ACCESS TO AVENI A" IS PRDHIBREU. S. ) S L ['PCE REGULAlI0N5 6W.L FSE REQUIftCO TURINGG COMPLIANCE WaH THE PUILIC: THE BUL13ING PERMIT PHASE. R m Lu z xLLI �i I- Sd �s MY TO L) �-1 D u ENAL AT PL CORPUS BEACH HOTEL ADDITION LOT 52A, BLOCK III BEING A REPLAT OF LOTS 52 -57, BLOCK III, CORPUS BEACH HOTEL ADDITION, A SUBDIVISION OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AS SHOWN ON THE MAP THEREOF RECORDED IN VOLUME 1 AT PACE 52, MAP RECORDS NUECES COUNTY, TEXAS; CONTAINING 0.621 ACRES, PRTp)pm OY: BASS & WELSH ENGINEERING 3654 SOUTH ALAMEDA ST. CORPUS .CHRISTI, TEXAS 784-04 TEL 367 -882 -5521 FAX 361 -882 -1265 FIRM REGISTRATION NO- 160027 -DO STATE OF TEMfls com w NIiE 4 LYNX FRA7lPR; PRF;Lf&KKT aF HORIH DEYAI N01mry(� I1G I'mm CEFIIFY HNf MCHIX�AICX HOIpNNB. LII 15 AiE M.M. , WL Lm6; l NLRtE TNO 9MO IAI10 5Uff M= bATEO'A9 SHO/m 11mFCN FOR 7XE P11oPDSE A OL4[111P.IIDN. NND DEDLL VNI11Y EAEyIDO9 mo PI011N5- CF�,1'AY ARE OFO6NED TO TNIE PLIDQC I6E Am THE MA110N NID MPJCENNICE of PUBLC STfkENS A110' OALRNS. vos D1E._ars a , z9IN LYNN Fl L% PAEmw SATE OE N caum�9PNUECl3 1H6 FbIKONd1T'YM9 ACNNOR1Eo 0E0 7RE ME ST LYNN FRM1'm THIS THE _G' of Llfi NOTNR PJELIC IN NIT FOR THE SATE OF TI.I StAE OF TDAR COUNTY OF NIECES THE i'1K)u. PLAT " THE NNt�I' DISCRBm PmPEAT/ WAS MPRM BY 711" PLANNNG CCNM7790H OF THE CRY W OD191L4 CKtlSTT, TEIVTR, 111611E �W or . 2911 CFWRINIl� a�PAY ALCP, STATE of 7 COUNTY OF NIECFs 11E FINAL PUTT OF T1L HEWAI OE-mm PROFalIY MT6 APPROM DY THE OETA9 llo Tas IL CE CERUDIRMDAT SF1fm s CT TNG MIY W CORPUS c104YI4 laV6, C OAT OF 2011. f�PPRO.117L�n jllll aAR } 9 m� UD L> E UDP P NEW mumcm ENW[ER PtIWNiNS CDMMi5510N �rA NuoF � E gLIRRAY at`B, JR„ fl�RRFo CaR►T TN6 HE FOREI Pl FRFpAS2n FROM A SYRFEY ON THE WA ONOEiI' YY 01NELRION Ald 35 TRHE Ally CBKIEC7: TIM THE _ Cq' OF 2011. M1R%1Y Lomas, r RECIGI PROFF351Ok4E wRO sMIrvEmR ..t ................ LFRYVIY - 965, AT •• ••. � JAH 17 2011 OM or Taws cOUKIY CF Nl1ECE; I. 'O" WERRA , ma;x CF IHR COUNTY couRr m ANN FOR MD COMM. DO HUI CERIEY MAT THE PORMNO INSIRUMEIR' CI THL _ Cw or.. 20. ITS ODTIIXCATE OF AUfHQ111G119M, m RTEO FOR morm IN MY 9FFIOE THE BLY CF . 20- AT otwm _31„ ANC DULY RECCXDm DIR .DAY of ` . RD _ AT VOLOX _,.C.,Oi 7HE f RaMRDS of SND COUNTY IN YOy.LMf _ ^�. PAGE ��. IKSITNOENf'FAINBER WRNESS 11Y "A" M SUL OF THE COUNTY COURT IN ANO FOR SAID WUNTY AT OFFICE N o C"N"I NUETES. COUNTY, T-11, THE DIY ANC }ENT IASF.ttRKT64. �m11Y DLUx RwR -` 'MM mw, TE WS CORPUS SFACH HOTEL ADonmN. BLOCK Ill. LOT 212 SHEET 1 OF 1 =A'nON MAP SCALE: 1 ".IDccr • �Aj- T G'3':G GRAPRIC SCALE 1 RT1 I. L 1- -a a TW !< m 0 x 4 N v NOTES 1, THE YARD REQUIREMEKTN 7yJQ- AS DEPICTED. IS A REQUIRUENT DF THE ZONiNO pRDWWlCE AND IS SII&fECT 70 CHANCE AS THE ZONING MAY CHANGE. SKE IS CURREII ZONED AT". APARIME7JT TOURST 2. THE, MS OF BEARING IS STATE OF TEVAS- LAMEERT GRID, SOUTH ZONE. NAD 1SE3, FRDU NGS STATION SK -T30, 3. A SUBJECT PROPERTY LIES WITHIN ZONE V22 EL 13 R ZONE V22 EL 15 AS SHOWN ON THE FEDERAL EMERCENOY MANAE£NIM AGENCY (PEk4). FLOOD INSURANCE RATE MAP (FIRM) OF CORPUS CHRI511, ToAS CUMMUNRY AND PANEL NUMBER 485184 9159 C DATED .JULY 18, 1085 C THE RECE74ING WATER FOR THE STORNJ 1YATER RUNOFF FROM THIS PRDPERIY IS THE CORPUS - CHRISTI W. THE TOM RAS CLASSIFIED THE AQUATM LIFE USE FOR THE CORPUS CHRISn SAY AS 9 l5pCEpR0NP1" AM - OT37EH WATERS, TCEQ ALSO CATEGORIZED THE CORPUS CHRIST DAY AS "CDNTACT RECRFATION" USE, S. PRIVATE ACCESS TO AVENI A" IS PRDHIBREU. S. ) S L ['PCE REGULAlI0N5 6W.L FSE REQUIftCO TURINGG COMPLIANCE WaH THE PUILIC: THE BUL13ING PERMIT PHASE. R m Lu z xLLI �i I- Sd �s MY TO L) �-1 D u ENAL AT PL CORPUS BEACH HOTEL ADDITION LOT 52A, BLOCK III BEING A REPLAT OF LOTS 52 -57, BLOCK III, CORPUS BEACH HOTEL ADDITION, A SUBDIVISION OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AS SHOWN ON THE MAP THEREOF RECORDED IN VOLUME 1 AT PACE 52, MAP RECORDS NUECES COUNTY, TEXAS; CONTAINING 0.621 ACRES, PRTp)pm OY: BASS & WELSH ENGINEERING 3654 SOUTH ALAMEDA ST. CORPUS .CHRISTI, TEXAS 784-04 TEL 367 -882 -5521 FAX 361 -882 -1265 FIRM REGISTRATION NO- 160027 -DO STATE OF TEMfls com w NIiE 4 LYNX FRA7lPR; PRF;Lf&KKT aF HORIH DEYAI N01mry(� I1G I'mm CEFIIFY HNf MCHIX�AICX HOIpNNB. LII 15 AiE M.M. , WL Lm6; l NLRtE TNO 9MO IAI10 5Uff M= bATEO'A9 SHO/m 11mFCN FOR 7XE P11oPDSE A OL4[111P.IIDN. NND DEDLL VNI11Y EAEyIDO9 mo PI011N5- CF�,1'AY ARE OFO6NED TO TNIE PLIDQC I6E Am THE MA110N NID MPJCENNICE of PUBLC STfkENS A110' OALRNS. vos D1E._ars a , z9IN LYNN Fl L% PAEmw SATE OE N caum�9PNUECl3 1H6 FbIKONd1T'YM9 ACNNOR1Eo 0E0 7RE ME ST LYNN FRM1'm THIS THE _G' of Llfi NOTNR PJELIC IN NIT FOR THE SATE OF TI.I StAE OF TDAR COUNTY OF NIECES THE i'1K)u. PLAT " THE NNt�I' DISCRBm PmPEAT/ WAS MPRM BY 711" PLANNNG CCNM7790H OF THE CRY W OD191L4 CKtlSTT, TEIVTR, 111611E �W or . 2911 CFWRINIl� a�PAY ALCP, STATE of 7 COUNTY OF NIECFs 11E FINAL PUTT OF T1L HEWAI OE-mm PROFalIY MT6 APPROM DY THE OETA9 llo Tas IL CE CERUDIRMDAT SF1fm s CT TNG MIY W CORPUS c104YI4 laV6, C OAT OF 2011. f�PPRO.117L�n jllll aAR } 9 m� UD L> E UDP P NEW mumcm ENW[ER PtIWNiNS CDMMi5510N �rA NuoF � E gLIRRAY at`B, JR„ fl�RRFo CaR►T TN6 HE FOREI Pl FRFpAS2n FROM A SYRFEY ON THE WA ONOEiI' YY 01NELRION Ald 35 TRHE Ally CBKIEC7: TIM THE _ Cq' OF 2011. M1R%1Y Lomas, r RECIGI PROFF351Ok4E wRO sMIrvEmR ..t ................ LFRYVIY - 965, AT •• ••. � JAH 17 2011 OM or Taws cOUKIY CF Nl1ECE; I. 'O" WERRA , ma;x CF IHR COUNTY couRr m ANN FOR MD COMM. DO HUI CERIEY MAT THE PORMNO INSIRUMEIR' CI THL _ Cw or.. 20. ITS ODTIIXCATE OF AUfHQ111G119M, m RTEO FOR morm IN MY 9FFIOE THE BLY CF . 20- AT otwm _31„ ANC DULY RECCXDm DIR .DAY of ` . RD _ AT VOLOX _,.C.,Oi 7HE f RaMRDS of SND COUNTY IN YOy.LMf _ ^�. PAGE ��. IKSITNOENf'FAINBER WRNESS 11Y "A" M SUL OF THE COUNTY COURT IN ANO FOR SAID WUNTY AT OFFICE N o C"N"I NUETES. COUNTY, T-11, THE DIY ANC }ENT IASF.ttRKT64. �m11Y DLUx RwR -` 'MM mw, TE WS CORPUS SFACH HOTEL ADonmN. BLOCK Ill. LOT 212 SHEET 1 OF 1 =A'nON MAP SCALE: 1 ".IDccr APPLICATION FOR WATER DISTRIBUTION MAIN CONStRUCTION & REIMBURSEMENT AGREEMENT I, Lynn Frazier, President of North Beach Holding, LLC, owner and developer of proposed Lot 52A, Block III, Corpus Beach Hotel Addition, hereby request reimbursement of $26,051.75 for the installation of the water distribution main in conjunction with said Subdivision, as provided for by City Ordinance No. 17092. Said $26,051.75 is the construction cost, including 10% Engineering, in excess of the lot /acreage fee, as shown by the cost of supporting documents attached herewith. B Lyn razier, esi North Beach Holding, LLC THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged Before me on _ In G-rC tP . 2011, by Lynn Frazier. 2 LISA �IWE PAPENFUSS 110 WKWA9A1EOF7M Notary Public Ina d For a State of Texas ro�r llEION FilI '12 -1 1 »2011 NA CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Grid Main Trust Fund; and (b) Appropriation and approval by the City Council. Director o Engineering Services (Date) (City Engineer) Page 1 of 1 EXHIBIT 2 APPLICATION FOR WATER LINE CREDIT I, Lynn Frazier, President of North Beach Holding, LLC, owner and developer of proposed Lot 52A, Block Ili, Corpus Beach Hotel Addition, hereby apply for $ 868.00 credit towards the water lot /acreage fee for the installation of the distribution main waterline as provided for by the City Ordinance No. 17092. $53,839.50 is the construction cost, including 10% Engineering, as shown by the cost supporting documents attached herewith. BY• Linn Fraz' i N each Ho ding, LLC THE STATE OF TEXAS § COUNTY OF NUECES This 'instrument was acknowledged before me on M c.rCIK , 2011, by Lynn Frazier. 0 TA MARIE PAPE 1 OMMO gRY NlNIC 6TAZf pF1�7Gs Notary Public In an or t ate of Texas 1 2 -111 E2o1 1 0. CERTIFICATION The informati n submitted with this application has been reviewed and determined to be correct and a credit of is herewith approved: 3a /� Director of gineering Services (Date) re7� (City Engineer) Page 1 of 1 EXHIBIT 2 H m W A p 7i - IAAIaR Y ]Atop, i lSO�AtIYi1� I I Trios msdfm l ii _'"�A' oo ____ -_ -- - - - _ C, ° = = -� - -- -_ °___ :. ------------- -- - - -- -j ----- WECMWW I ttipYA I I I A ,p1ptl t/A ®[, II A t 0Him= I! I I f I I EI w I I PA y wwo a ft= 3xma w f` LS I 95 I S5 I fi5 I F5 I ZS it Pig f o --- ________e_____- 9 II f➢ 1 ° A eAaw LN l�IW H m W REIMS REQ EST -2,xls REIMBURSEMENT REQUEST 314/2011 OFFSITE WATER IMPROVEMENTS LOT 52A, BLOCK III, CORPUS BEACH HOTEL ADDITION ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 8" C900 PVC PIPE L.F. 695 $22.00 $15,290.00 2 &'X 6" TEE EA. 1 $5000.00 $500.00 3 6'90 DEG BEND EA. 1 $375.00 $375.00 4 6" GATE VALVE EA. 1 $800.00 $800.00 5 FIRE HYDRANT EA. 1 $2,100.00 $2,100.00 6 SWIVEL EA. 1 $450.00 $450.00 7 8" 90 DEG BEND EA. 1 $400.00 $400.00 6 STD, WATERLINE DEF'L LS 1 $2,000.00 $2,000.00 9 TRENCH DEWATERING L.F. 695 $29.00 $20,155.00 10 ASPHALT PAVEMENT REPAIR S.Y. 250 $27.50 $6,875.00 11 TIE TO EXISTING WATERLINES EA. 2 $900.00 $1,800.00 SUB TOTAL $48,945,00 ENGINEERING (10 %) $4,894. TOTAL $53,839.50 50% IS ELIGIBLE FOR REIMBURSEMENT $26,919.75 CREDIT FOR LOT ACREAGE FEE $868.00 REQUESTED REIMBURSEMENT $26,051.75 EXHIBIT 4 >� ,= CITY OF CORPUS CHRISTI •" DISCLOSURE OF INTERESTS 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". FIRST NAME: STREET: . �-- eu 5V`f CITY: ���� 4 �ffk l ZIP; FIRM IS: 01. Corporation ❑2. Partnership ❑3. Sole Owner u4. Association ❑5, Other ' DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) d�U 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 interesf 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 "ownership interest" constituting 35 or more of the ownership in the above named "firm ". 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: Title :�� F (Type or Print) Signature of Certifying Person Date., * tHIBIT 5 - Doc 2 CH I 1 13 13 12 'i Fuses 14 04!18/2011 11 u 52AM Official Records of NUECES COUNTY DIANA T, BARRI' - COUNTY CLERK Fees $67.00 City of Corpus Christi DEPARTMENT SERVICES 2406 Leopard Corpus Christi, TX 78408 ns provision herein which restricts the Salap Rental. ar use of the described REAL PROPERTY because of #pace p Color i, Relisiony Sexp Handicap? Familial Sttatusy or National Ori:jin is invalid and unenforceable under i= EDFRAL LAW, 3/12/59. t',)TATE OF TEXAS COUNTY OF HUECES I herebs certifl that this instrument was FILED in €` i le number sequence on the dtatr,A and at, the t i nte stamped herein b-4 they and was dui.:! RECORDED in the Official Public Records of Nueces (ount,ty Texr.!s Diana T;' I arrera 4 ��iWi�',.,.,_ .ar 4g•- .5'`�".�u'�c„�l��.s'��Ld1�M -� ��. .: rrtY Y.� RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photograph reproduction because of illegibility, carbon or photocopy, discolored paper, etc. All blockout additions and changes were present at the time instrument was filed and recorded.