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HomeMy WebLinkAboutC2013-119 - 3/19/2013 - ApprovedWASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City'), a Texas home -rule municipality, and 15T Investments, LLC ( "Developer /Owner"), a Texas limited liability company. WHEREAS, the Developer /Owner, in compliance with the City's Unified Development Code ( "UDC "), has a plat, approved by the Planning Commission on July 18, 2012, to develop a tract ,of land, to wit: approximately 8.354 acres known as Lot 2, Block 13, Airport Industrial Subdivision, located on the south side of State Highway 44, east of Heinsohn Road, and west of North Padre Island Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer /Owner is responsible for construction of the wastewater collection line extension ( "Wastewater Extension "); WHEREAS, under the UDC, the Developer /Owner is eligible for reimbursement of the Developer /Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer /Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION Developer /Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. Developer /Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 2013 -119 3/19/13 M2013 -045 I5T Investments LLC INDEXED 1. Install 1,196 linear feet of 10 -inch PVC pipe; 2. Install four (4) 4 -foot diameter manholes; and 3. Install 1,196 linear feet trench safety b. The Wastewater Extension must begin at the northwest corner of Russell Farm Block 6 and extend east along the south side of State Highway 44 approximately 1,765 feet to the existing wastewater line at the northwest corner of Gibson Lane and North Padre Island Drive (SH 358). c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer /Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the Wastewater Extension, Developer /Owner shall acquire and dedicate to the City the required additional public utility easements ( "Easements "), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third parry and the Developer /Owner 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 /Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/ OWNER TO AWARD CONTRACT FOR IMPROVEMENTS Developer /Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by February 28, 2014. 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 and 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. S_ DEFAULT The following events shall constitute default: a. Developer /Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer /Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer /Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 2 of 7 d. Developer /Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer /Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before February 28, 2014. f. Either the City or the Developer /Owner otherwise fails to comply with its duties or 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 sufficient 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 the Developer /Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer /Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer /Owner 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 the Developer /Owner by reducing the reimbursement amount due to the Developer /Owner. e. In the event of an uncured default by the Developer /Owner, 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; and /or 3. Perform any obligation or duty of the Developer /Owner under this Agreement and charge the cost of such performance to the Developer /Owner. The Developer /Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer /Owner receives notice of the cost of performance. In the event the Developer /Owner 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 /Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE Wastewater Ext Gollectn and Reimb Agmt 16T Investmts Airport Indus vFinal Page 3 of 7 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; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure 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 /Owner: 15T Investments, LLC Attn: Steven W. Tipps 13513 Camino De Plata Ct. 78418 P. O. Box 261037 Corpus Christi, Texas 78406 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469 -9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469 -9277 b. Notice must be made 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 the address for notices by giving notice of the change under the provisions of this section. Wastewater Ext Collects and Reimb Agmt 15T Investmts Airport Indus vFinal Page 4 of 7 12. THIRD PARTY BENEFICIARY Developer /Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third parry beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer /Owner shall, before beginning the work that is the subject of this Agreement, execute 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 bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY Developer /Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the Developer /Owner the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $63,794.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer /Owner 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 /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 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 /Owner and at a time when there has been a partial completion and /or partial payment for the improvements, then the City shall only reimburse the Developer /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 the uncured default occurred. 16. INDEMNIFICATION DEVELOPERIOWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND 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 PROPERTY DAMAGE OR 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 Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 5 of 7 PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, to wit: approximately 8.354 acres known as Lot 2, Block 13, Airport Industrial Subdivision, a subdivision in Corpus Christi, 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/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer /Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST Developer /Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer /Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY The person signing this Agreement on behalf of each 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. c EXECUTED IN TRIPLICATE originals this � J dayAf , 20 ATTEST: Armando Chapa City Secretary CO Wes Piers Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2013 UA Eliza h Hundley Assistafit City Attorney for the City Attorney - ..*�.�.....�..,�....., AU IT €' ONCdt. Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 6 of 7 15T INVESTMENTS, LLC By: Steven W. Tipps Manager STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me o Steven W. Tipps, Manager, 15T Investments, LLC, a Texas limited of said company. f o * * ► u,,,, , KATRINA N(ARtE WILLIAMS Notary Public, State of Texas ., ae My Commission Expires July 08, 2034 Publ /5 , 2013, by company, on behalf gnature Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinal Page 7 of 7 44 I I In NF36' 2T S4° E NOO° 19' 07'E ' j —h w 4�a ,nm�aiv �i L:1 V (Tl n,M ar a 1I ly Y - Cn W _7 q . Sll m L7 h V -I o LY _ n � rS 1 VI 1Y E x IJ I4 n. g -y -a. rs u.s =8m" 9 7 I 1 � _ w 114. 3S' �{D'IIF 4U' NI SOB F.. 123 W 33.4 . 3 I FVNT IOI tl: 4U5SEl. W FA kN FLLITL'KS, ➢SUCK 3, I l2 AI LNOUSTk IPL LOF :, Y. U, 'JLIOEIlvli'INN, 1NA l5, I.i1T I, V. OS, P. 143, FOtf:mAn IONMIL 0 5A an0' p(m SfSTC. OF m—I 1 J COUNM OF NU= W!, c?MROTfi! CNIRIETIS II FE, UFRERY C.ER1`11I TTIAT WE ARE T!" 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NAP „ 1 1 1......: .. -L2 _ 1 PLAT OF AIRPORT IPSD ¢g S U BD €MSION, BLOCK 13, L T 2 AN BJ54 ACRE TRACT CF LARD, DORE OR LESS, DUNG A PORTION OF THE WEST GME -UA',F OF 111.GCK U, d.C. RUSSELL FARM ULM' S. A MAP OF iV ic! r IS HECUNVCU IN YUILIVI 3, PAGES 53, MA NECORUS, NUFCES COUNTY, TEMS CORPUS CHRI-9 , NUE CES COUNTY, TEXAS ➢ATE PLMT' 11 19/1 BASS & WELSH ENGINEERING ""in'en4 ©r.nvr, FIRM NU 1- 52, .3USrl S. ALAML DA ST S S ! L_i1RPUS CHRI SII TEXAS /6461 s UEET CF f SnHC 'RA 0I "TLY✓u5 COlm1Y OF N!:ECES N I. - V;I M. N`�_;'II, RCOISITaTEO r9''U" IONN. E.ANU SUNVLT0IV Of IlA'9U k NEL511 FNC1NEER1 I CERP.FY IR iT TIM FOSEGOINC PLA: WAS PRER.IRIA7 pr OM A SiJII MADE 0'1 YHF, GROUND t114DFH MY 0114ECYIDN, IS TRUE AND CDRREIT. 'THIS TA D'%Y OF— 2 NI %LIrF v. MELSI{ HIM L S T(REA T'RI]FFSSIf1NkL I. IN Y i I?..H CYP.S Bk.W 'r!c31 uwwN OF NUCCES 8 11E, NVUIr.E4S O n LIFN 01, 1!I!: INFO kF43W,1.'.r5 WET!EIN TNL ULIUHOARIiS OF THE 'ORE0011I ANP AND WAY TYF !9`PkO4E '11:L SIl➢LEf0gW AND MED.- CATIOV FOR 1HE PURPOSES 'Nn CONS IMMM73IFS THT:P.FIN T`XPRI:55.''O. ,TAIL OF 'ILY 5 G COUNTY OF NUF.Cra T141S INSIRIPAENT Y;AS Ann- DYmD1 f0 PF}ORE MF I R'N Thy IA\.' C __.. .- ... -,.. 20. SYnfF. OF TtxkS CllUidTY Of NUE:CE;; 3 THE FINAL f LAT Of WE II{ROH OESt=110ED I WAS AffVMCD M 1111E DF.PARTME,Nf OF IJEVUSX'ME:NT ;i RV.i:Fi 0}' TTAF. fFY or (D US CHRISTI, TFWLS 5Ft'EL07WEF. aWCES 1W LNEEF7 Park_ - Sf.'OE OF '!F# G Cnu;mY of HUECLS WE "INPJ. PIA1' OF ITS F!E.RDA CP_SC 1HF0 PRf)PI'VIY WAS N'PRSTVEfI ON NENALF .1 YI!:E LRY OI' OONPLJS CHr4IS11, O'I .7 TTY PI_ANNFNG COMMISSION. ._.—.— . ... .... ........ . - - - - -- CIUJRMN., SLTRE7M.Y RUDY DATtU IAnRl E. VAN 4i.EL'K, F.C. STATE. OF TC3W CDUNlY OF NUECES Q E. OUWA Y. D Rm nLum Or O,c.. i;i7um coUiT:" IN Am FOR SN3 SCl1rPY. 110 HFl '1{Y 1:"U"y THAI "" ""IEIEONi: INSINI'UtXT DAf O 112 , oAY OP__ 7R .. mw 115 CfRTFICAlF Of AUTULOVCARON, 'VA4 '110 TOP F:ECORD IN MY OFF!DF TIFF DAY OF, 21 AT U:.YAICI M A10 DULY HFCORDLU THE ,_,— MAY iN IHE MAP RECORDS OF SND COON Y IN VOLUM PAOF IPsniuMENT HukleER W`44E51 MY III AND S:N. OF YHE COUNTY f:OIIM, IN NIII FOR s Ill COUNTY AF OFTICE IN CORPUS CHIRSTL NU'CCES COURIY. TF:W.S. THE DAY MIU YLV4 L"S[ Y/RITIEN. L LVOiOM. (AEM( OCU1!!Y CUURF NUECEs D61:NIY, TFNAS Exhibit 1 APPLICATION FOR WASTE WATER REIMBURSEMENT We, I5T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owner and developer of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby request reimbursement of $63,794.00 for the installation of the waste water collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $95,899.56 the construction cost, including 11 % Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: r — ^ Title: President Date: Februa 4 2013 THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on February 4. 2013 , 2013, by Steven Tipps (Name), President (Title), of IST Investments, LILAC, a Texas Corporation, on behalf of the said corporation. 9 KATRINA MARIE WILHAMI ,&"." . 1T, 8 �'__ Notary Public, State of Texas = q N1y Commission Expires i �EP�� July 09, 2014 CERTIFICATION f for Nueces / County, Texas 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 Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services n�ineer_____ ate} EXHIBIT 2 (Page 1 of 2) for Nueces / County, Texas 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 Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services n�ineer_____ ate} EXHIBIT 2 (Page 1 of 2) APPLICATION FOR WASTE WATER CREDIT We, I5T Investments, LLC, P.O. Box 261037, Corpus Christi, TX 78426, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOT 2, hereby apply for $ 12,758.80 credit towards the waste water acreage fee for the collection line Extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $ 95,899.56 is the construction cost, including 11 % Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: 4� Title: Date: —��PJLL �--L_r Z I Z� t THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on �,J 2013, by (Nam e );;z - (Title), of 15T Investments, LLC, a Texas Corporation, on behalf of the said corporation. KATRINA MARIE WILLIAMS ` Notary Public, State of Texas a J P�bf My Commission Expires July 08, 24]eI for the State of Texas EXHIBIT 2 (Page 2 of 2) U A � a Z R W lf] Z w � n z U N AGNES ST, w z ' N PROP A 8" WTR Lo J H HWY 44 w r � w a w --I o = r �y �- z n 0 z ti z w z 'SITE PROP 10" SS LINE EXHIBIT SHOWING ❑FFSITE SANITARY SEWER AND WATER IMPROVEMENTS AIRPORT INDUSTRIAL SUBDIVISI ❑N BLK 13 L E 1" = 800' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F - 52, FILE: EXB -1, JOB NO. 12048, SCALE: 1" = 80' PLOT SCALE: SAME, PLOT DATE: 10/10/12, SHEET 1 OF 1 Exhibit 3 1/14/2013 SS1 ESTALS ITEM NO. 1 10" PVC PIPE 2 4' DIA. MANHOLE 3 TRENCH SAFETY AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WASTE WATER REIMBURSEMENT ITEM QTY. UNIT UNIT PRICE 1196 LF $50.00 4 EA $6,350.00 1,196 LF $1.00 SUBTOTAL `FEE VALUE = 8.35 AC X $1,528IAC = $12,758.80 MAXIMUM AMOUNT REIMBURSEABLE ITEM 50% x FEE VALUE OF PROP x AVERAGE PIPE DIAM Engineering and Surveying 11% SUBTOTAL Less Fee Value of Property" TOTAL 0.5 x 12,758.80 x 10= AMOUNT $59,800.00 $25,400.00 $1,196.00 $86,396.00 $9,503.56 $95,899.56 - $12,758.80 $83,140.76 AMOUNT $63,794.00 Exhibit 4 "'— lid- 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: 15T Investments, LILC STREET: 5901 State Hwy 44 CITY: Corpus Christi zip 78406 FIRM IS: ❑1 - Corporation ❑2. Partnership 03. Sole Owner ❑4. Association [Z]5. Other Limited Partnershi 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) None None 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 None None 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 None None 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 None None 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: Steven Tipps Member (Type or Print) Ti #le: Signature of Certifying Person: _ _ _ _ D 1211312012 Exhibit 5 DC.CQ 2 0 1 CH 13 93 T � Poyes 14 04/11/2013 3:06PM Officiol Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $67.00 , V - - � " Co ` �� ������ �� ����-^� ~ ` Jr v� � �� � ��,��wn ~-*of~-- -���� ^» x��� Any nrovisioo herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Rnce, Color, Relision, Sex, Hondicon, Familial Stotos, or Notional Oriyin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUEC[S I herehs certify thot this instrument uus FILED in file number sevuence on the dote and at, the time stumned herein by me, and wos duls RECORDED in the Official Publi,: Records of Aueces Cnuntu, Texus Diana T. Borreru