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Home My WebLink AboutC2012-167 - 6/12/2012 - ApprovedPar icipatton Agreement Between Mty Enterprises, Inc. and City Pagel of 5 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS PARTICIPATION AGREEMENT (hereinafter "Agreement ") is entered into between the City of Corpus Christi (the "City "), a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 --9277 and Alty Enterprises, Inc. C Owner) 3801 Cassowary Court, Corpus Christi, Texas 78414. WHEREAS, the Owner owns certain real property located in Nueces County, Texas, being 7.818 acres out of Lots 3 and 4, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached final plat (Exhibit 1) and Owner desires to plat the Property designated on Exhibit I as Greystone Subdivision Unit 3, hereinafter referred to as "Plat"; and WHEREAS, as a condition of the Plat, Owner is required to extend and construct Sydney Street from its existing terminus for a distance of approximately two hundred sixty (260) feet to its proposed terminus at the east end of the proposed development as depicted on and in accordance with the improvement requirements set forth on Exhibit 2 (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 final 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; and MWEREAS, this Agreement complies with Texas Local Government Code § 212.071 et seq. and the Unified Development Code, Section 8.4.1 (A). 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 attached and incorporated as Exhibit 1, 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. 2012 -167 M2012 -106 6112112 Alty Enterprises, Inc. WDEXED -11 i Participation Agreement Between Alty Enterprises, Inc- and City Page 2 of 5 The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for construction of the Roadway Extension, attached and incorporated as Exhibit 3 (the "Cost Estimate "). Subject to the limitation below, Owner shall pay a portion of the costs of construction of the Roadway Extension. Subject to the limitation set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable on the Cost Estimate attached as Exhibit 3. 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 shall not exceed $44 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: Alty Enterprises, Inc. Attn: Louis Alty, President 3801 Cassowary Court Corpus Christi, Texas 78414 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 Extension 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 Participation Agreement Between Alty Enterprises, Inc. and City Page 3 of 5 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 GREYSTONE SUBDIVISION UNIT 3 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 CLAIME TO ARISE, OUT OF OR IN CONNECTION WI'T'H THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112, Owner agrees to complete the Disclosure of Ownership Interests form Exhibit 4 (attached and incorporated). This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Owner from and after the date that all original copies have been executed by all signatories. EXECUTED in triplicate originals *this // rd day of JVA „ „ _ - - , 2012. Signatures are found on Pages 4 and 5. Participation Agreement Between Alty Enterprises, Inc. and City Page 4 of 5 OWNER: Alty Enterprises, Inc. uis Alty President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on M W4 j , 2012, by Louis Alty, President, Alty Enterprises, Inc. CRISTA L. WALTON `OtP • OB l� !� �a Notary Public, State of Texas My Commission Expires August 18 2014 Notary Public, State of Texas -1 - . J i . . . i I-- I .. ...... - . - -- -- - J -- - -.;., Participation Agreement Between Alty Enterprises, Inc. and City Page 5 of 5 CITY OF CORPUS CHRISTI ( Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-35( ATTEST: By. BY. Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES This instrument was signed by Armando Chap City Seer for the City of Corpus Christi, Texas d acknowledged or the day of 201 L Notary Public, State Of Texas TAMERA L. RILEY Notary publIc STATE OF TEXAS v THE STATE OF TEXAS § my Comm. Exp. 05-26-2016 COUNTY OF NUECES § 6ts cwj) Ass- - This mstrwent was signed by C' Manager, for the City of Corpus Christi, Teams, an akknowledged b f me on e it day of h--e- , 2C(2. No blic, State Of Texas Ajjl'HUKILL� TAMERA L. RILEY % Notary Public OF TEXAS STATE My Comm. Exp. 05-26-2016 Ajjl'HUKILL� 8talt of TaOa Carly of Nawse AIERMN SANG. NA Natlmd Awearetkl% hasby omWk. Uwt R holdo a Ian —th. wwaty awed is' 7LW 8mwouiam WW o Tm mpa•etfm, ee diwm on iM faweha � � =w or W. sWdiarim mM aadfeathn far Ih. P�.ca+w era �ra..1(oa This w — da a AM04CM UK NA i Rla.11p W_ 0 N S% aws T.. PICSEat. Caeabuohaa Lwog Ofd stet. of Toow ON* at No.ew Ifth Oftlee OF Am Ambo w e�L N, 9 NapaM As�wdollen, w Malt of add a�N. M � a I& IM —. dey of 20_ RPIwy Puhbe h and fr Nr Slot. of Tao a.aeV of Huone AtTY T ffmil9F8. M b4my as vm tw R Is the eenr of dl at I, p arty drew w4MB the bwgdWas or th. pr.— - pfok em. 4M ow"A Lot 21, Sleet I {pgatwe Pwk), that R too had odd WW alma tad and rAWW ad a dhow; wk ebasto show m tlaiOaW t. w N e.. rvnr; Not. —..to u bean r. Odloow to the PA& M. MO hh.tdfA bra. ayw �aatl o gold. Wltl.a aM Met NL mop na mode pnpw. dwtrodm M9. —day SP ALTY WE] "05M w¢ or !dots ALTY. Pfwklent gat. of Tm Cwnly d Nwow g t bumert so• harwa o by LW5 ALTY, w Plandant of ALTY fN7Oi4R1.45i se0, a bd; wla taeporetuan. Thb 0a _ 40y of 2_. IbLap Pow In cad for M. 8tW of T.wa Stal. of Tv"al CrAnty of Nwew of IpNLa�aaytthallE I�WIIS WPoYTI, eerNLea Shat LL b Na Saar of Las 1r. Slai t u dwrS tlM�wooimnh -ere d.&.AWd PiSa �wl far on k,".U.% ==r .tW uw oT i ='c uWlo and that this . wrap ..a mode for w purpose M and dadw Thlr the — day of 20___.. SK Tw att W 0118 gym Sy: RONALD L a9bN P x�ty or Imeas M Noma The elak,Mard sou nehhe.ledged perm tear by RCIUI-G i, CIm1, as bolo f of THE CITY AF 60RPUS *w n. Ttd. Rho _ day W Na1ay Pnbpe h -4 for the Stall YT Issue �riJLl'rry _iJ � r�;r er rr! Zft Sew of bW ad of t * J wd 4 S60m 85 PAw Aff and EaLlpdf ram wd (,d� lT* f)ft a map of Ow Is h A, PURN 41-4 MW eatY k pfAbefw QW& Not., 1.). TOW pkrhd ant wnio9hs 7.818 oats of land (Andud.e PA ddlcGUM). 7:) Set 6/B Ieoh tan fade with red pasta pry atamped "MUM ENN Mc. T)t' CIE. aR h .accept shad noted. i) BoK r Th. TCE has dmNlled the oq.Mla [M1 a � pity BMa Ow r . =r"d" and 'aystar hfaLela'. TM TZ doe outegorl"d the re"Wg waive m 'oantacl racraatran' usw 4.) Semin99s an Dowd m the rawdad dot of Creyairw BubdIVIRW Wt 1. a map mM which to reoardad In !!alone $6, Papa 4 and 4 Nap Rsoards of Naasee Courdx Tomas. tQ By gr°d'k platft ardp Lh arty re 1. Z.. V and 'C' an Frond Inwwoo Rote Nap, Can— coal lice 485104 GM C, Gay of Car.. dfee CMretf, Tsxa, trhkh haws lop pw *I- 6f !larch t4 1986 and Is not M e bp.ald Heed Noxrd Area. &) No GrMnwy Acme to too prmtUd clang Slough Rand. 7,) Lbntourn thn.n are based w NBYU 29 doom. &) Nly EnteRrrisea Ina to see armor of 7.57E aofa of and Tha (Sty of Cmpus Christi b the oanr of 0-409 acres of land. a) �q.tme Peak' (Let 21, Black ,) has been dedicated to Me C1Ly by separate 3nabtxnwt. Sat. of Tewe Camp of M.— I Juan d Sd_, . Rgkb_d praf�anol lad S.,O)w re, Urpw [nyh.ah* hew prw. d the fae9clnp trop tram . —,q we& an the urwnd undr my dt.alar an oh d a boa d Sarre ! to w boot d my knadedA trfamopw Wd bepaf; i hew bow wpegtl uWr cwh.ct to wt a Lek and Roo taws ae eMrh herein and to o ,IaL* loth aparaB.w wwM do. end —1"0 dslgearo o0al.bnt WW Sand ppoks a.l pfacum This iM — day of &m A Sdwer, FLPAS Tr%w Llonw Np 4M Elate of Tm C..ty of Nu— This *4 pLet of LM hanM dwr6etl pre trw ryprawd by the n.patmart of twmw w t glen of the CAME 0 chr- U� Tra< Tht• N. _ day of da....r Mmwdo atunarrta jt. P If.arl.ymwt Sonlow Ell% w- sat. or Texas Camty .l W— ,MT. had phat of Me hameh dewdaed praparty ea epprn.d oA behalf of Me ft of Opp" Oohed w Tas by'Sea Plamk;e Cowdaik rt The Ma_day at —M kut &Z VI lidddla ALCP. IDah' Oaec. C;.tmw gulte of Tm caner et w— t. DkammpT. Ba m awk of the C.w4' Cart ti cod For odd Cewtp do hraby OWM NA w w MnHe.tlee aea far ri0or1 ia w see ...� 0. � "I � At _ fi cola Garb it ;L My r.owdadt = d! of -- � of — Cdotit Jl. tka d fm � Cm*y CNrL. b and tar add Cawty, al e1Rea 8 OXWP Wt% FFied for Flowd !Nano T padre. ftmiy Cork Mlaaw CwlA Tewe SeWIF V URSA pM1Ypa t,w �„ ENGINEERING ilq!y can" ° fi r, T° � 5NE6T: 1 of 2 BRiNYtt Hf: IIO M x 2 N OD IN I r V « j I ii- 111 I � I � 1 1 e: a a e .._ - � - h ellal lbef Alit I +lo+�M _ rraAl pe n� Nat - 1.) TqW plcttRd vim, cwbokle 7Ata ease of tmld (IM.Lder pork dMfeotlan). 8.) Set 5J8 inch ice rods pith rW Plaslta mp akmrprd %RM MR C.C. W at df bt cpinaw aorpf Wit" noted. 3.) The R (feel this property - to Ills oft The T� her darelstl thR aquese IIh M w 111e Ow Boy m Mai,tkand' and 'eyals Re(ere ". The 1CF0 doe ootagprteed the reeehtng eater w "ccnMct reereetkn'uea 4.) ve baeW m the n—m plot of pryrdme S.Wv{slm Valk 1. o —P oT � h b WNM 8S1 Vega A and S, Map Recarde M &) By grophk. Fdottkg adK Mle prvp k In 2mes '61' aid "C' en Fleod IereraraR Robe Map CommmltY I�mel Nv: dR91P4- G'+W C. �1ky pI Capp ChieS, Tema, whfotr Mere m RRmgva date of YeMI 1& 1S&9 and fe naf In a Speak( Reed Hated Mee. aj No OAvarey Ac to bq parpftted along 'JouO Read. 7.) Cmleure Nara arc based m Rat'0 29 datum. 9.) Ally Cnlerprtau. ilk. h 1M omar of 7.550 acre of IoM. the txty of Itorpue Clrks k his orris of A296 setae of Imd. 9.) 0rwtone Park (tat 21. Rladi 1) fwd bm dWkd W to tM Oty by wpdrate nu ment 1 tnu 50 �ropk 0 � . saaw tga f "100 ttAi� 11 - 70, oil $CALL k -100 JOB 110.; . %M zv 3 of ! IRrA9M 91`- 1f8 n Fr I {�': hb �Rba. Ina1 Rar So alY fain k Oaike p%h VOL A f4a FI-Ai, R1� of Xlbwe Ca - uig l arty (�I1nM:: Rill C. 9r� 1 I Rom aeu FlA �, 1�l Qaa.l TMOA l i E ht»i�i. a Ifiow (d.nR, Jolty G ekadlrf pAwof ?M dare of !m d ad of W(d .T d 14 92hhn Rt fW 00 k fealYdad h tNUnr FYgra�F�1�( Mtp RMI a! M— GAVIX loam 5 L --- ' d l � r f0.19 _ 'saA� "'61x6^ I I liia ° In ° i i�' f to [ � I I y 1tlA]M Rar So alY fain k Oaike p%h VOL A f4a FI-Ai, R1� of Xlbwe Ca - uig l arty (�I1nM:: Rill C. 9r� 1 I Rom aeu FlA �, 1�l Qaa.l TMOA l i E ht»i�i. a Ifiow (d.nR, Jolty G ekadlrf pAwof ?M dare of !m d ad of W(d .T d 14 92hhn Rt fW 00 k fealYdad h tNUnr FYgra�F�1�( Mtp RMI a! M— GAVIX loam m X Now �Vljmo q qp'lo 4-/ .......... CO' Y 3TON C.. PARR xR K t2 VD ----------------- IT J 27 00 CV UNITS a tJ T wtw �41 to MVINQ D 31 MAINAGE EASEMENT --- ------------- io sp., '�,DSNAI J. 00 �l aka 25' D.E. T � ------------------------------------------------ ---------------------- GREYSTONE PARK UNIT 3 FAA ENGINEERING PARK BARTICIPAU EXHIBIT XKMXT A JOB: NO, 3 9779.81.01 SCALE 1. " =50 APRIL 10; 2012 End: Murf Hudson, P.E. Park Participation Estimate April 10, 2012 Client: Louis Alty far .lots No. 39779.81.01 Eby: Max Construction GREYSTONE SUBDIVISION UNIT 3 ITEM DESCRIPTION QUAN. QUAN. + 5% UNIT UNIT PRICE TOTAL COST A. PAVING IMPROVEMENTS: 1 Clear and Grub 0.178 0.187 AG $650.00 $121.55 2: Excavation 650 683 CY $11.00 $7;513:00 3 2" HMAC'ftluding Prime:Coat 520 546 SY $1475 $8;053.50 4 6" Crusl d.Lirnestone Base 520 546 SY $12.00 $6;55100 . 5 8" Lime Stabilized Subgrade 635 667 SY $6.00 $4;0010D 6 6"'L Curb 260 273 LF $13.00 $3,549.00 7 4' of 12: Hike and Bike Path 1,058 1,111 SF $5.25. $5,832.75 8 15 RCP 40 42 LF $43.50 $1.,827.[30 9 Post Inlet Tie 1. 1 EA $1,345.00 $1.345.00 10 5' Slot Inlet 1 1 1=A $2 $2,765.00 PAVING SUB-TOTAL: $41;560.80 ENGINEERING.9-8W $3;324.86 TOTAL.ESTIMATED PARTICIPATION: 1 $44885.66 Urban; Engineering 2725 Swantner Corpus Christi; TX 78404 1 -361= 854 -3101 1 Of EXHIBIT 3 ' SUPPLIER NUMBER TO BE ASSIGNED B PURCHASING DIVISION City CITY OF CORPUS CHRISTI Christi DISCLOSURE OF INTEREST 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 ". See reverse side for filing Requirements, Certifications and definitions. COMPANY NAME: Alty Enterprises, Inc. P. O. BOIL: STREET ADDRESS: 3801 Cassowary Court CITY: Corpus Christi ZIP: 7 8414 FIRM IS: 1. Corporation M 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other 8 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) N/A NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A NIA 3. State the flames of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA N/A 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 NIA NIA EXHIBIT 4 FILING REQUIItEMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 - 349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Fxintj Signature of Certifying Date: Pearson: - __�_ � I - V DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. C. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 4