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HomeMy WebLinkAboutC2014-085 - 4/15/2014 - Approved • , Doc 20140151 73 , PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and VOJO Ventures , LLC ("Owner"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 28.41 acres of land out of the North 1/2 of Section 32, Laureles Farm Tracts, (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as The Coves at Lago Vista Unit 3B ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to extend and construct South Oso Parkway from its existing terminus, approximately one hundred sixty (160)feet north of King Estates Ditch, south to Oso Creek and including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set 2014-085 4/15/14 Ord. 030152 INDEXED VOJO Ventures LLC forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $171,451.95. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty(30)days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the City's Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of one year from and after the date of acceptance of the improve- ments by the City's Executive Director of Public Works. J. 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 INDEMNITEES 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 VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF THE COVES AT LAGO VISTA UNIT 3B DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the City's Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. 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. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice("Cure Period") to cure the default. VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 3 of 7 3. 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. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the 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 Owner. 5. 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 City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the 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. 6. 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 in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; 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. 2. 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 10 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. VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 4 of 7 N. NOTICES. 1. 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: If to the City: If to the Owner: City of Corpus Christi VOJO Ventures, LLC Attn: Director, Development Services 6838 Greenwood Drive 2406 Leopard Street/ 78401 Corpus Christi, Texas 78415 P. O. Box 9277 /78469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/ 78401 P. O. Box 9277 /78469-9277 Corpus Christi, Texas 2. 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. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 18, 2016. (EXECUTION PAGE FOLLOWS) VOJO Ventures,LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 5 of 7 EXECUTED in one original this 49'day of , 2014. ATTEST: CITY OF CO- ' I / ==. ID T-Lzke-‹-c i-11.E.e,ai, Ai Rebecca Huerta R•( jj:F` •l'in City Secretary Citrrranager Approved as to legal form: 9 § 7 y ,a,,,,,,). _gt.,4— Juli Grant 'v(�ll .O3J 5� • AU.rfu.AU.. Senior Assistant City Attorney '��[.� IR ONSCIL_ ( t`- SfCIf:". OWNER: VOJO Ventures, LLC Plv i tai LI ichard A. Voss Date Member STATE OF TEXAS § . § COUNTY OF NUECES § �/ This instrument was acknowledged before me on `1 • /•'1 , 2014, by Richard A. Voss, Member of VOJO Ventures, LLC, a Limited Liability Company, on behalf of said company. tierariP iy0 Notary Public's Signat. - gi:iOe. CATHERINE GARZA 4 °%0 1 NOTARY PUBLIC :n.'•.."0 •'�; State of Texas i```+. .Z i Comm.Exp.12-05-2015 VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 6 of 7 . . , . . . . . . . . , . Peg. ie .z 2 0 /4- MJP Island, LLC Date By, Michael Johnson Member STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on /-4 ,`fid , 2014, by Michael Johnson, President of MJP Island, LLC, a Limited Liability Company, on behalf of said company. 0 moor Notary Public's Signature stool to GPIS i:k 4'..,.41 VZIO9 3N1H3HINO ........ VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 7 of 7 Q, / E .' a th Oso Parkway SITE ° dP Osa� po a kw APPI2©WE-1 Qe° %sarI State of Texas g•r §eb thprty ow by THE LAKES AT KING ESTATES,INC,albs THE COVES AT LAGO VISTA,oa shown on the 1 foregoing map and It approves of the subdivision and dedication for the purposes and PLANNING COMMISSION +:_� -'k-"= consideotions therein expressed. Plat of LOCATION MAP N.T.S. This the__—day of--_— 20— The Coves at Lag Vista BY: FIRST VICTORIA NATIONAL BANK Unit t J3 O D State of Texas V County of Nueces By 28.41 acres of land out of the North 1/2 of Section J2, This final plot of the herein described property woe approved by the Department of Development RICK H.BENAVIDES,Senior Vice-President Lourdes farm Troth,, a miry of which is recorded in Volume 3 Services of the City of Corpus Christi.Texas. Page 15,Mop Records of Nueces County, Texas. State of Texas This the day of--_-- ,20—___ County of Cocoas This Instrument woe acknowledged before tee by RICK H.BENAVIDES as Senior Vice-President of FIRST VICTORIA NATIONAL BANK. Renee T.Couture.P.E. This the--day of 20____. lo Smnces Engineer State of Texas Notary Public in and for the Stale of Texas County of Nueces This final plot of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Plcnning Commission. State of Texas This the--_day of_—___—___—_--_,20— • County of Nu m THE LAKES AT KING ESTATES,INC.dba THE COVES AT LAGO VISTA,hereby certifies that It - -- -- is the owner of the lands embraced within the boundaries of the foregoing plat; that It has Mark Von Mack,P.E. GoNnd Nodkami,P.E.,CI.,Chdrman had sold lands surveyed and subdivided as shown; that streets shown are dedicated to the Notes Secretary public use forever, that easements as shown are dedicated to the public use for the 1.)Total platted area contains 28.41 acres of land. (Includes Street Dedication) ` installation,operation and uee of public utilities; and that this map was mode for the State of Texas purpose of description and dedication. 2.)Set 5/8 Inch iron rods with red plastic cop stamped"URBAN ENGR C.C. TX" County of Nueces at all lot corners, except where noted. This the--day of—__—____ 20__ I.Diana T.Barrera,Clerk of the County Court in and for said County,do hereby certify that the 3,)The receiving water for the storm water runoff from this property is the Oso foregoing instrument doted the—day of — 20--,with Its certificate of Creek. The TCEO has not classified the aquatic life use for the Oso Creek, authenticotbn was filed for record in my office the—day of—__---,20 At By THE LAKES AT KING ESTATES,INC.dba THE COVES AT LAGO VISTA but it is recognized as an environmentally sensitive area. The Oso Creek flows O'clock —M..and duly recorded the—_day of_-----,20__—,at—O'clock—M., directly Into the Oso Boy. The TCEQ has classified the aquatic life use for In sold County in Volume__—,Page—__ Map Records. the Oso Bay as"exceptional"and "oyster waters"and categorized the B -- - receiving water as"contact recreation"use. Witness my hand and sad of the County Court,In and for said County,at office In Corpus Christi, BY:RICHARD VOSS,President Texas,the day and year foal written, 4.)Bearings are based on the recorded plat of King Estates Unit 2, a map of which is recorded in Volume 57,Pages 107-108, Map Records of Nueces No._--_--- ___ State of Texas County, Texas. — County of Nueces Filed f«Record Dbna T.Bdrrea,County Clerk 5.)By graphic plotting only, this property is in Zones"All", "B"and"C"on Nueces County,Texas This Instrument was acknowledged before me by RICHARD VOSS,as President of THE LAKES Flood Insurance Rate Map, Community Pond No. 485494 0520 D,City of °t— O'clock_—N. AT KING ESTATES.INC.dba THE COVES AT LAGO VISTA,on behalf of said partnership. Corpus Christi, Texas, which bears an effective date of June 4, 1987 and it is --.20— By--'— Deputy partially located in a Special Flood Hazard Area. This the _—day of -- 20 . 6.)The subdivision shall comply with all the conditions set forth in the approved Special Permit (Ordinance No.027357). Notary Public In and for the State of Texas 7.)Minimum Finished Floor Devotion most be at least 18"above fronting streets State of Texas 9 County of Nuees and/or above minimum base flood elevation. I,Keith W.Worley,a Registered Professional Land Surveyor for Urban Engineering,have prepared the 8.)The conveyance to any grantee of any lot within The Coves at Logo Vista foregoing map from a survey made on the ground under my direction and Is true and correct to the shall Include membership in the Homeowner's Association, which association beet of my knowledge,information and ballet; I have been engaged under_contract to set all Lot and shall hold title to all common areas in the subdivision. Block corners as shown herein and to complete such operations with d-reasonable dal State of Texas consistent with sound professional practice. County of Nueces �'t D 9.)Lot 16, Block 12 is a private park. 4- Th s final plat approved by the Corpus Christi Nueces This the__—_day of 20-- County Health Unit;any private water supply and/or 10.)The City of Corpus Christi is not responsible for drainage within the private JUN-7 2073 sewage system shall be approved by the Carpus lakes In The Coves at Logo Vista Unit 38. The Homeowner's Association will ,L+Cv • Christi-Nueces County Health Department prior to be responsible for any maintenance and storm at discharge Into the - ---_-- ___ +'SL'1�C1-5 Si'FCiAL SERVICES installation. receiving waters. This responsibility also includes ensuring the storm water Keith W.Worley,R.P.L.S. :...Y__.. quality that discharges into the receiving waters comply with TCEQ Tease License No.5463 regulations. This the_____day of_-- 20—. 11.)Driveway separation along South Oso Parkway must average a separation of r.�U R B A not lees than 150 feet. DATE:April 26, 2013 . ----- -- — — -- ENGINEERING SCALE: 1"..1DD' coerus coslsn.rocs JOB NO.: 38035.82.00 .11 /SHEET: 1 of 2 A.„.1.,...'iYrje,t.fr s' ,i.s:-:r, DRAWN BY: XC 1 Exhibit 1 ". ■ Page 1 of•��'� ' , Zone'0 ' ,- s _, Plat of "D9PN G)Mf � Tone'P• , Jys 28 D 5 ` �/ c ee � = The Coves at Lago Vista 1I JUN 19 ION I�•9 /,� \( o p G p 1d7,�� d`o zone'nt t' \� ,J ,.'-iry`a4�,'c 27 ,'o"' Unit 38 a Q PLANNING COMMISSION S' . --- 3 `t eta P ,,ah�o °/ 5" ' ° 28.41 acres of land out of the North 1/2 of Section 32, a a--1, -'tS /'�1 t \, Lourdes Faun Tracts, a map of which is recorded in Volume 3 - ' ej. 1i., - 26 a a yo4 ��? t -; 'Page 15,Mop Records of NUeces County, Texas. 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TEXAS .w.N.11& nID a.m.ar a.Ow.r a.w.n 7•404 MONO(311).14-3101 FAX:(WO m.-10Oi JOB NO. 38035.82.00 8-9-13 CU/crr Exhibit 2 Page 1 of 2 , A -_ COVES AT LAGO -o o 1 COVES AT LAGO wir VISTA UNIT 1 TRANSITION TO ° VISTA UNIT 38 I ci Q. •- j_ 4' CONC. I SIDEWALK I _5:...TIED EWA:K6 0' —--—--_ DRAINAGE RIGHT OF WAY 1 Immow. - Non. 6" 'L' CURB - / N.,..- EXIST. PAVEMENT - - -- -. . ., . .. . . .. .., - • p II I 1 M LIJ , _./'a, • 1 -1u---- 5' TIED SIDEWALK .. I CURB AND SIDEWALK ,11 ...: z „or 8' HIKE/BIKE PA >. x \--8' HIKE/BIKE PATH WINTRDANWASLILT/IONAN NTDORAEILXIST. --—-- -- 8 I w — --—--— --—--—--— -1---' --—--—--— .-ji 4' CONC. 4' CONC. I --,1 I T - I R.O.W. LINE 1 Ln COVES AT LAGO I if"--TO CAYO DEL OSO SIDEWALK L , 501100' ' SIDEWALK VISTA UNIT 3B I < 5-8'x5'x50' BOX CULVERT & HEADWALL PLAN VIEW SCALE: 1"=30' EXHIBIT 2B C IIURBAN\ ENGINEERING TEXAS} 1 2731 31 Q. IX 73104 JOB NO. 38035.82.00 8-9-13 CU/crr - Exhibit 2 Page 2 of 2 Engineer: Chuck Urban, P.E. Cost Estimate 11-8-13 Client:VOJO VENTURES, LLC for Job No. 38035.B2.00 By: CRR THE COVES AT LAGO VISTA UNIT 3B ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE COST A. STREET AND SURFACE IMPROVEMENTS: 1 Clear and Grub 29.84 AC $350.00 $10,444.00 2 Excavation-No Import 24,141 CY $5.00 $120,705.00 3 2"HMAC Including Prime Coat 5,888 SY $16.50 $97,152.00 4 1 1/2"HMAC Including Prime Coat 5,287 SY $14.00 $74,018.00 5 6"Crushed Limestone Base 5,287 SY $12.50 $66,087.50 6 8"Crushed Limestone Base 5,888 SY $14.00 $82,432.00 7 3"Crushed Limestone Under Curb 863 SY $5.50 $4,746.50 8 Alternate-Geo-Grid Fabric in lieu of LS Subgrade 12,834 SY $5.25 $67,378.50 9 6"'L'Curb 5,279 LF $13.30 $70,210.70 10 8'Concrete Sidewalk 11,545 SF $4.80 $55,416.00 11 4'Concrete Sidewalk 8,108 SF $4.50 $36,486.00 12 5'Concrete Valley Gutter 394 SF $7.00 $2,758.00 13 Street Sign 2 EA $500.00 $1,000.00 14 Street Barricade 1 EA $1,325.00 $1,325.00 15 3'Valley Gutter between lots 18-19 851 SF $7.00 $5,957.00 PAVING SUB-TOTAL: $696,116.20 B. STORM SEWER IMPROVEMENTS: 1 48" RCP 771 LF $117.00 $90,207.00 2 36"RCP 349 LF $85.00 $29,665.00 3 30" RCP 292 LF $60.00 $17,520.00 4 24" RCP 310 LF $46.20 $14,322.00 5 18" RCP 174 LF $39.00 $6,786.00 6 OSHA Trench Protection 1,895 LF $1.50 $2,842.50 7 5' Diameter Manhole 1 EA $4,350.00 $4,350.00 8 5'Slot Inlet 7 EA $3,000.00 $21,000.00 9 Type'B' Manhole 2 EA $3,325.00 $6,650.00 10 30" Plug 1 EA $450.00 $450.00 11 Outfall Structure with velocity inhibitors 2 EA $6,415.00 $12,830.00 12 Intake Structure 1 EA $5,985.00 $5,985.00 13 Temporary Drainage Swale Excavation w/Stablization 1,470 CY $10.00 $14,700.00 14 Fill In Existing Swale and Compact in 6" Lifts 4,515 CY $6.70 $30,250.50 15 Lake Excavation 42,000 CY $4.90 $205,800.00 STORM SEWER SUB-TOTAL: $463,358.00 C. WATER IMPROVEMENTS: 1 8"PVC C-900 1,431 LF $24.00 $34,344.00 2 6"PVC C-900 995 LF $21.00 $20,895.00 3 2"SDR 9 HDPE Pipe 471 LF $14.00 $6,594.00 4 8"Gate Valve and Box 2 EA $1,235.00 $2,470.00 5 6"Gate Valve and Box 2 EA $950.00 $1,900.00 6 2"Valve 4 EA $600.00 $2,400.00 7 6"Cap with 2"Tap Tee 2 EA $425.00 $850.00 8 8"x8"x6" Ductile Iron Tee 2 EA $475.00 $950.00 Exhibit 3 Page 1 of 3 Engineer: Chuck Urban, P.E. Cost Estimate 11-8-13 Client:VOJO VENTURES, LLC for Job No. 38035.B2.00 By: CRR THE COVES AT LAGO VISTA UNIT 3B ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE COST 9 Fire Hydrant Assembly Complete In Place 3 EA $3,200.00 $9,600.00 10 8"Cap with 2"Blowoff Valve and Riser 1 EA $500.00 $500.00 11 8"Ductile Iron Ditch Crossing w/4 45 Degree Bends 1 LS $2,750.00 $2,750.00 12 Tie to Existing Service 1 EA $750.00 $750.00 13 Long Single Lot Service Connection 2 EA $685.00 $1,370.00 14 Long Double Lot Service Connection 5 EA $825.00 $4,125.00 15 Short Single Lot Service Connection 2 EA $675.00 $1,350.00 16 Short Double Lot Service Connection 10 EA $735.00 $7,350.00 WATER SUB-TOTAL: $98,198.00 D. SANITARY SEWER IMPROVEMENTS: Sanitary Sewer Service will be by individual on-site treatment systems. E. MISCELLANEOUS IMPROVEMENTS: 1 Bonds and Insurance 1 LS $3,425.00 $3,425.00 3 CP&L Conduit-Street Lights 210 LF $13.00 $2,730.00 4 Construction Entrance 1 EA $2,350.00 $2,350.00 5 SWQMP3 1 LS $650.00 $650.00 6 Silt Fence 1,575 LF $2.00 $3,150.00 MISCELLANEOUS SUB-TOTAL: $12,305.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $1,269,977.20 BRIDGE IMPROVEMENTS: 1 2" HMAC Including Prime Coat 504 SY $18.00 $9,072.00 2 8"Crushed Limestone Base 504 SY $17.50 $8,820.00 3 GeoGrid Fabric in lieu of Lime Subgrade 693 SY $7.00 $4,851.00 4 6"'L'Curb 338 LF $14.00 $4,732.00 5 5'Tied Sidewalk 1,764 SF $5.25 $9,261.00 6 Handrail 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x40'Concrete Box Culvert 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 LS $21,000.00 $21,000.00 BRIDGE SUB-TOTAL: $214,156.00 ESTIMATED TOTAL COSTS: $1,484,133.20 Exhibit 3 Page 2 of 3 PARTICIPATION/REIMBURSEMENT ESTIMATE Aug. 9,2013 FOR Job No. 38035.B2.00 BRIDGE IMPROVEMENTS TO OSO PARKWAY SOUTH COVES AT LAGO VISTA UNIT 3B ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. BRIDGE IMPROVMENTS: 1 2" HMAC Including Prime Coat 480 504 SY $18.00 $9,072.00 2 8"Crushed Limestone Base 480 504 SY $17.50 $8,820.00 3 8"Lime Stabilized Subgrade 660 693 SY $7.00 $4,851.00 4 6"'L'Curb 322 338 LF $14.00 $4,732.00 5 5'Concrete Tied Sidewalk 1,680 1,764 SF $5.25 $9,261.00 6 Handrail 240 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x50'Concrete Box Culvert 1 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 1 LS $21,000.00 $21,000.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: $214,156.00 ENGINEERING, STAKING AND TESTING(10%): $21,415.60 ESTIMATED TOTAL COSTS; $235,571.60 DEVELOPER SHARE UNIT 3B 7.5/50 x$235,571.60: $35,335.74 PREVIOUS PARTICIPATION UNIT 1: $28,783.91 TOTAL ESTIMATED CITY PARTICIPATION/REIMBURSEMENT= $171,451.95 EXHIBIT 3 Urban Engineering Firm#145 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 3 of 3 City of Corpus Christi,Texas Department of Development Services City of P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 _ _Corpus Located at: 2406 Leopard Street =Christi (Comer of Leopard St.and Port Ave.) ../`/\aa. 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". NAME: Vojo Ventures. LLC STREET: 6838 Greenwood CITY: Corpus Christi ZIP: 78415 FIRM is: ®Corporation El Partnership ❑Sole Owner ❑Association ❑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) N/A N/A 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 N/A 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 N/A 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 N/A N/A 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: Richard Voss Title: /n 61. (Print) Signature of Certifying Person:Z�k,1� Date: rL 6�.3 K:\DEVELOPMENTSVCS\SHAREDUrWD DEVELO CE ADMINISTRATIONUPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Pa e 1 of 2 Exhibit 4 9 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. "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. c. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. • K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMEN1'ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Exhibit 4 Page 2 of 2 Fsm: _ _ C. of Corpus Cnristi De r& )pment Services/ Special Service: 2406 Leopard, Suite C J lrpus Christi, TX 78408 . ~ Doct 20 1 40 1 F.:1 El; Pages 18 04/25/2014 2:44PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $83.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera el I*1;c," 1-.7,1" • 61,4WC,A.—i