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HomeMy WebLinkAboutC2014-159 - 5/13/2014 - Approved D ra 2 0 1 4 0 2 7 1 3 1 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 MPM Development, L.P., ("Owner"), a Texas corporation, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 23.20 acres, a portion of the south half of Section 31, 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 King Estates Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct South Oso Parkway from its existing terminus for a distance of approximately 417 feet to connect with the existing roadway on South Staples Street (FM 2444) as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in 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 G„+oncinn mhir•h cetimatc is attached to and incorporated in this Agreement as Exhibit 3 2014459 )ject to the limitations set forth below, the Owner shall pay a portion 5/13/14 i of the Roadway Extension. Further, subject to the limitations set Ord. 030175 MPM Development LP INDEXED 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 $215,861.52. 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 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 two years from and after the date of acceptance of the improve- ments by the 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 MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 2 of 6 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 KING ESTATES UNIT 4 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 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. MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 3 of 6 • 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. MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 4 of 6 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 MPM Development, LP Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street/78401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 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 May 27, 2016. (EXECUTION PAGES FOLLOWS) MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 5 of 6 EXECUTED in one original this I DU day of �_ 14. ATTEST: CITY ; C e -PUS CH' IST 1 ' - ' a a ■.Z.■Ii.hit— 40 0 fr.:ii Wig L-- -i .//I II 1 I II- I--4.411 Rebecca Huerta Ronal, L. 01-•n City Secretary City Ma- - : -r Approved as to legal for : C(5 /f y Qiiip_ILTE MU LW / rant .0 carnal Assistant City Attorney ._ SECRETARY OWNER: MPM Development, LP. s 0.''"' / 1 I ■ Pi Mossa Moses Mostaghasi Date General Partner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on l k , 2014, by Mossa Moses Mostaghasi, General Partner, MPM Development, LP., a Limited Partnership, on behalf of said partnership. ` I ,` TANYA ROJAS Jill; 41 My Commission Expires October 15,2017 o ry Publi s Ignatur d,,-.Fo MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 6 of 6 PORTION SECT.31, LAURELED FARM TRACTS. V 3, P. 15, STATE OF TEXAS } �I _-.�� M.R., CITY if CORPUS CHR[ST3 S89'Sa'05'E MOTfS, COUNTY OF NUECES * �� 1. THE YARD REQUIREMENT,AS DEPICTED.IS A REQUIREMENT OF THE UNIFIED CL SOJTH STAPLES STREET <FM 2444)-•� S2S. OIL- OE FLOPMEM CODE(UDC)AN IS SUBJECT TO CHANCE AS THE LO„INC MAY WC. NAME),HEREBY CERTIFY THAT WE ARE THE HOLDERS• CHANCE. OF A UEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP 60.A AND THAT WE APPROVE THE SUBONSION AND DEDICATION FOR THE PURPOSES AND S89•58'05'E .596. 20' 0 m L'D /2'0.R� 2.THE RECEIVING WATER FOR 510RM WATER RUNOFF FROM THIS PROPERTY IS THE CONSIDERATIONS THEREIN EXPRESSED. • 20 .0 U N89"V8•;, 4. 20' STREET DE ICA7ION X_,-.4-_,,,,,,,:.,..4..--, 090 CREEK.THE ICES HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE 050 10' SSW --_- l A, CREEK,BUT IT IS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA THE 050 120.72_ -.221.52' _ 135. _66.{,22_ I o ' /...c GREEK/ l GREEK FLOWS TIRECLLY INTO THE 050 BAY.THE ICES HAS CLASSIFIED THE BY 25' rIS''DE �` �' I IL,- IS / ,t' P / Y• AQUATIC LIFE USE FOR THE 050 BAY AS'EXCEPTIONAL•AND•OYSTER WATERY N 4 ® 2 ''\ \\\ ' ''1'3,-J �i)O 2 3 1 ',y / I� AND CATEGORIZED THE RECEMNG WATER AS'CONTACT RECREATION'USE. _ W �.T-.11 TS SG 4F TITLE. I 'Sy I "I� 22041 SF 25458 SF ,,A� Y I l6 i` 3.SET SIB'I.R.'S Al ALL CORNERS UNLESS OTHERWISE NOTED. STATE OF TEXAS 9 • I I \ ` , 22018 Si C -� \b' \ >TYl f I \ ! 1 34902 SF I / \ 1 4. THE BASIS OF BEARINGS IS THE CARMON EAST BOUNDARY LINE. KING \40' 4O b 7164: HOB\65.� \ S23`B'/� �� ( I J ESTATES UNIT L. AND WEST BOUNDARY LINE OF THE SUBJECT SITE.NORTH,AS COVNtt OF NUECFS 9 © °.✓ O \ �-;....1_.�,� VSa. ... `^ \ 01 \\�-(L \ ` SHOWN. THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY To I \\Ly \ Ha \ 3 aI• \\ 13 \\ 1/ \•,..,.1 T\�\ H IY\ Y• S.FEMASZONES IN ARE ZONE AI INSURANCESRATE4 MAP.COMMUNITY OWN E5494C EI C_DAY OF (TITLE).00i ZONE 0,AND ZONE I \�`\, 1_.`��y� 22012 SF N . \25229 SF \ .wl \ \4 ,II:J A:.r'�F' OM520�D,TENSED JUNE I,1981.FOR NUECES COUNTY,TX,UNINCORPORATED 2 I . \ 9q `�'. /m,569• y � \ 083.06'1 \.Bf Sl 0 0 I ']L.4' \ \ C C 6.NO ORIVEWAY ACCESS TO SOUTH STAPLES STREET. \\ f ., X21'99. 246, ,•E \ 2415 5 ■ I ].THE TOTAL AREA OF THIS PLAT I5 23.206 ACRES INCLUDING STREET DEDICATIONS, NOTARY PUBLIC, IN AND F� (wA \ ' f N \ 50'\ �'2g�I� '-I� \ \ � ash THE STATE OF TEXAS 5_ J \ �jy O\/ \ °a�'4 \12 T\ 1 t3113'05.E� �_ .A 0\J 'x 221)?l SF \Fa 1. 25)62 SF v,9 ■� 1 iI 25• \y `y ayOX90'S8'20'QR Q0=92':6'22' ©0=26.09'06' QD=31'20'12' • gX2 I .. \ NI P \ I 8 e ~ R=5,00' R.15.00' R.400.00' R=480.00' N '�Ob _O _J SAN S;•05.E 1 ( 12290 SE 5 )( T=5.09' T=15.61' 1.92.90' T=148.29' yJi I 1 A 9,P . Y6 t- 2 07 I ` I \ i� L=].94' L=24.16' L=I B2.5)' L=28]_66' STATE OF TEXAS } __ 3I 23754 SF ` 244')79 1 I ( 6N'= CB=344'49.12'E CB•N43'S3'44'E C8=MIS, 9'00'V CB=SI I'46'19'E L �' S I 4�\ I S�9.58"a25•E IV CH=].13' CH•21.63' CH=180.99' CH.283.37' COUNTY OF NUECES } C `�1 9ti , 22195 SF,, 11 �, r' ! 1 245.20'-{�l III Rr ; C I.7 22030# �h�.��`S1!/ I I 19 �-� y yO0.45.00'32' OD•4B'40'OL' ©➢•217'30'03' OH➢•18'45'01' THE iTME PUT Of THE HEREIN DESCRIBCD PROPERTY WAS APPROVED BY THE y�', fP 38938'05'E i \ 77. I __-2y.},_ \ I =^pr' 1 I I 22050 SF 6 u T=16.62' R•14. I5.B6' DFPAPiMENT OF DEVELOPMENT SERVKES OF THE CRY OF CORPUS CHRISTI,TEXAS �a I 171.06' \ O\�'.� ,,,,•,60.-.11- / N Y -- �0''1 W 1 g,- C=25.28' 1.29.]B' 1.273.22' L•29.90' J -\- Q I,g±S.ys'r�ry�T1�J� K CB^N76.39'59'V CB=S30'41'OS'V LB•N34.56'25'Y L'B=N]9'26'06'E 2 CW22.39' CH=28.89' CN•73.85' CH•2B.89' RENEE T.CWTUPE.P.E. Iy.+ 4 I \•+ Pa / -• 10 /\ r I�S~_ `d - _""°� DLYELOPMENT SERVICES ENGINEER �i '=22281 Si 1 y 1 6 22050 SR,'1„\I F, /�/-/L _4,-y.. Ip ©0.8]'35'05' 0 0=24'49'51' O D=24'37'13' ©11.90'00'00' _ T A (23070 SF 1 '44 F'� S Y/ CO R.15.00' R.400.00' 8.480.00' R=15.OC • �� .,,�(5y0 Si T=14.38' T=B8.06' 1.104,75' T.15.00' M> I 1, 4.- L\ -J I 244.89' I \ I ' "' 1.22.93' 1.173.35' L=206.26' L=23.56' DATE V CB=n 11'16'DV E CB•S22'31'29.E CB=N22'25'10'V CB=N55.OW WY STATE OF TEXAS } Q` F/ 1 3 I 209.90' 40' s `'•\\ RI/I /` �245.t� � i O CH=20.76' .1-'-------.'.31 AO ' " O2 9 Y•\mrc r d I I I \1 1 / ` l " „0 0=30'06'34• 0 0=79453'26' ©D=10'06'34' ©D=10'06'34' COUNTY OF NUECES } CO 3 �: z 1 N 22030 SF \ \ i I \, / i R=400.CO' Ra15 00' R=7S 00' R.75.00' 22110 SF 4 + \ 2l I d T=35.38' DW218600' TM62BB:68' DM626321' THE FINAL PUT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OE v m 3 A - n q I 509.58'WYE t 1 .� /\ 2050 SF T 3 =76 58' 1=20.92' 1•13.23' L=13.23' THE CITY OF CORPUS CHRISTI,TEXAS BY THE PUNNING COMMISSION. f ' 7 A 244 94' I "�� , CH=205.03'17.E CB=N39'56'AYE CH=N84.56'43.E CH=S84'56'43.V THIS THE OAT OF 20 If O , 1 • :R 1 24061 SF�,6,, \. 11`� S '38'09'E CH=70.49' CH=19.2ti' LH:13 22' CH=13.22' O 'N 01 7!` b B y1 1�5 \ / 45,05' I I .y Op 0.13'OS'S]' ®0°90.00'00' (JD•100•II'S4• 01 D.45•OS'57' _ 22030 SF IFO ../. I I R.35.00' R=15.00' 4.50.00' R=35.OD. III 0 nI I -/ 1 O 1.14.53' T.15.00' T.28899.91' 1.14,53' CHAIRMAN SECRETARY W 22212 SF '.4' r. B rIl Li,' 0 _IJA/1 0 22 ( L•27.55' 1.=23.36' L=157.25' L=27.55' P„ILIP J.RuAIRE2.A.T.A.LEER AP MARK E.VAN VLECK,P.E.■ P�y \�, -75 In a 'Y `I I c'TI Si I 8[0 CB=367'27'02•E CB=345.00'00'V CB•N45.00'00'E 0H=N2.2'32'58'V O 6 _ SB9'S8'03'E 244.67' G'° ' PRINCE WILLIAM DRIVE 1 A' I I bT•0 CH026.84' CH-21,21' CH.100.00' CH•26.BA' • (� -- --N90'00'00'x]36. '/�� \ P 364• I F�N O D=48'46'54' 0V 0.48'43'09' 0Y D=277.30'03' 0%0=16'17'54' STATE OF TEXAS } •O Y }'A y' ''•'•, ' \'l \ ©1''o �7 57.1 I r R.35.00' R.35.00' R.56.00' R.995.37' \ IN�LI• 7-�F5s 1.15.87' T=49.:1' T=142.53' COUNTY OF NUECES } O _'} I 5 f 5,I -X 25'HA .�1_I I - ■Y" ,/� T I L•29.80' L=29.76' 1.271.22' La'Gtl3.14' - 22666 SF 25'YR 1 4 Y CB•N24.23'274E CH•524'21'35.E CB•N89.58'OW W CB=N81.52'59.E I,NIXON M.WELSH.REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS FROM WELSH O i I 1 5ON J I r I I I\ / CM=28.91' CH=2B.B7' C11.73.85' CH=282.19' ENGINEERING,HEREBY CERTIFY THAT THE FOREGOING PUT WAS PREPARED FROM A (� THAI W MADE ON THE GROUND UNDER MY DIRECTION,IS TRUE AN CORRECT AND Z (I 256.63' IFT `'1 \ / 011=16.1]'54' THAT WE HAYS BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF O 13.]8 I I I 23 I( R=995.37 SUBONIS1ON CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. 7 I :.. I I) 44791 SF T=142.53' II 1 23117 SF I W) N o a \ )I L=283.T4' THIS THE DAY OF _,20 O I. °4 1 •' '"0 ( \ I CB=N81.52'58'E \cy g 1,,,,-;:, CH•282.19' HI I I 257.37' 1 `' 8 � I §1 3.1 \i7I a `a 2� �L'NA- I` o A, 21I 27 26 25 Y 2745 SF \. NIXON M. WELSH AY' ii1� fig' � M\i Al I l' - tl 1 22003 SF 22053 SF 22053 SF)'I 22003 SF �• N I T" 7 �� W\I i 1--. I f''I O (\ / �Q r 4� TEXASTNUMBER 2211 PROFESSIONAL LAND SURVEYOR, I 23118 SF \ \ I E.l4 ^� STATE OF TEXAS 4 II y :LI _ Pil9'SRSDS'F"P4✓;47' �l 40' 40' -9R�_ L411 - --T7R SF' •♦ �T�1�/.PD 1/2' 4r, 'i`pr 1.R. COUNTY OF NUECES 4 FD 5/8'i'r 15'UE \,�Na9°S °W IOOO. 00' d K �/ nl T.,1, T. .R. r Arc OI> W I 'R\A 2 �� 3 m C 4 m I m 5 , APPROVED OF THE CORPUS CHRISTI-NUECES ANYE PRIVATE WATER 5'JPPLY M'D/OR SEWAGE in THE COVES AT LAGO VISTA 4 S I TE' STSTLM SHALL BE APPROVED BY THE CORPUS CHRIS➢-NUECES COUNTY HEN.TH UNIT 1, BLOCK 4, DEPARTMENT PRIOR TO INVAl1ATION. ^ V. 65, P. 98-101, H R. I^ �¢ I It \\ \� I ( I I y � V ix a 0 SO' 100' 200' THE COVES Al LAGO VISTA PUBUC HEALTH ENGINEER STATE OF TEXAS } UNIT 1, BLOCK 1. SCALD 1'= 100' v. 65, P. 98-101, N.R.L�� ©T�rte, COUNTY OF NUECES } 0 P([9 OO V[ PVf q STATE OF TEAS 9 F--) i WE.WPM DEVELOPMENT,LP,HEREBY CERTIFY THAI WE ARE THE OWNERS OF THE LAND 'H COUNTY OF NUECES I EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT,SUBJECT TO A LIEN IN FAVOR OF THAT WE HAVE HAD SAID LAND SURVEYED JAN 29 2014 LJ AND SUBOIVNED AS SHOWN,THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN .11) G> 1 I.DIANA T.BMRERi,CLERK OF THE COUNTY COURT IN ABS FOR SAID COUNTY. HERETOFORE DEDICATED.OR SE NOT PREVIOUSLY DEDICATED,ME HEREBY DEDICATED O 600' 1ZOO' 2400' DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY TO THE PUBLIC USE FOREVER.ANO THAT THIS PLAT WAS THE.T AS MADE FOR TH PURPOSES OF DESCRIPTION AND DEDICATION. PLANNING COMMISSION I of.._.__.._._......_...._.._ __.27_,_„.WITH ITS CER1TFiGTE OF AUTHEMIGTION,WAS SCALE, i 1200' THIS THE__DAY OE_- 20___- '= FILED FOR RECORD IN MY OFFICE THE__._OAT OF .20 - LOCATION MAP AT O'CLOCK Al.,AND DULY RECORDED THE OAT •STATE TERM } VAPID NSTAGHPSI,GENERAL PURikER PLAT OF I •1200'APPRO%. 20^_AT_.OCLOCk .M.N ME MM CHARITY OF NUECES , KING ESTATES UNIT 4 RECORDS OF SLT COUNTY IN VOLUME_,PAGE__ . A 23.206 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OE THE THIS INSTRUMENT WA5 ACKNOWLEDGED BEFORE ME BY VAPID MOSTAGHASI. SMITH HALF OF SECT TON 31, LAURELED FARM TRACTS, A MAP OF WHICH IS INSTRUMENT NUMBER_,_.___ RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS, NETTS CO., TX. .. THIS THE--DAY OF 2O_ CORPUS CHRISTI, NUECES COUNTY, TEXAS WITNESS MY HO AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE F B AN IN CORPUS CHRISTI.NUECES COUNTY,TEXAS,1NE DAY AND YEAH UST WRITTEN- DATE PLOTTED 12/10/13 BASS & WELSH ENGINEERING JOB.NO,13057 BY. OLPVIY DIANA T 9000146,CLERK NOTARY PUBLIC, IN AND FOR THE FIRM N0. F-ND, 30511 S. ALAMEDA ST. SCALE,I••tow COUNTY COURT STATE(B'TEXAS PLAT S1 OF SAME NUECES COUNTY,TEXAS CORPUS CHRISTI, 'TEXAS 78404 SHEET 1 L f Exhibit 1 y- CL S _ STAPLES ST, ( FM 2444) I I 1 FUTURE PAVEMENT N BY TXDOT i V 1�I STA 10+66. 07 END C&G, 11 PAVEMENT & WALK LT & RT, TC LT & RT 15. 15 1 11 II II 1 o II 0 11 2 \\ 1 ce J f ap, ROB\\ 25,5' m . AO B 0 145 \\ V \ H I \\ \\ o`o \\ oJ�� 3 w \\ G H a 9 \\ ,gyp' w� °°\� \\\ ASS U' \\ 1\L STA 8+53. 52 \ 4 CL 5' CVG & PT RT, TC LT // 14. 51, TC RT O II 14. 31 k0 O STA 8+11. 10 PC LT \ \\ TC LT 14, 64 \\ STA 7+83. 38 PC RT \\ TC LT & RT 14. 72 \\ \\ \\ \\ 3 \\ 1 00 \\ STA 6+95. 42 GB & \\ PT LT & RT, TC LT \\3 & RT 14. 99 0 P \\ \ \ 4 \\ \\ \ \ 'a�QFF 2 \\\ \\\ \\ \\\\\ \\ A --- --1' \\ \\ " \ .* A *ik 0\ \\ NIXON M.wash EXHIBIT SHOWING ❑S❑ 4: . :� BASS AND WELSH ENGINEERING 1O�'�'*fGtSjEq:0 4• PARKWAY IMPROVEMENTS CORPUS REG.CHRISTI, T100027-00, � E,IA�' /� ❑P P❑SITE ❑E ❑T 1 , BLOCK 1 TX ENGINEERING REG. NO. F-52, TZ t % 1 = 60' FILE: EXB-1, JOB NO. 13057, �f•• SCALE: 1" = 60' PLOT SCALE: SAME, PLOT DATE: 3/21/14 3/21/14, SHEET 1 OF 1 Exhibit 2 BASS WELSH ENGINEERING Engineering Firm Reg.No.F-52 Surveying Firm Reg.No.100027-00 3/26/14 P.O.Box 6397 13057-PCE.XLS Corpus Christi,TX 78466-6397 KING ESTATES UNIT 4 COST ESTIMATE Street•Surface Items 2"HMAC 4779 SY 17.50 $83,632.50 4"HMAC 4077 SY 35.00 142,695.00 6"Curb&Gutter 4618 LF 14.50 66,961.00 6"Limestone Base 5978 SY 17.50 104,615.00 11"Limestone Base 4933 SY 34.00 167,722.00 8"Lime Stabilized Subgrade to 10909 SY 7.80 85,090.20 4"Thick RIC Wallk 22248 SF 4.50 100,116.00 5'RC Valley gutter 72 LF 60.00 4,320.00 Clearing and Grubbing 1 LS 12,000.00 12,000.00 Excavation 1 LS 125,000.00 125,000.00 Street Signs 3 EA 300.00 900.00 $893,051.70 Stone Sewer Items 5 inlet Sbt or Post Type 8 EA 2,400.00 $19,200.00 Ty A Manhole 3 EA 2,400.00 7,200.00 Ty B Manhole 1 EA 2,400.00 2,400.00 15"RCP 517 LF 35.00 18,095.00 18"RCP 566 LF 41.00 23,206.00 21"RCP 512 LF 44.00 22,528.00 24"RCP 504 LF 48.00 24,192.00 30"RCP 29 LF 58.00 1,682.00 36"RCP 249 IF 65.00 16,185.00 Headwall Structure at end of pipe 3 EA 4,500.00 13,500.00 Crushed Stone Rip Rap in 2 Places 1 LS 6,500.00 6,500.00 $154,688.00 Water Items 12"Tapping Sadde w/sleeve 1 EA 2,100.00 $2,100.00 8"PVC Pipe 1148 LF 35.00 40,180.00 8"Tee,DI 3 LF 400.00 1,200.00 8"Gate Valve w/Box 1 EA 980.00 980.00 6"PVC Pipe 920 LF 30.00 27,600.00 6"Gate Valve w/Box 4 EA 900.00 3,600.00 6"E4 90*DI 4 EA 250.00 1,000.00 6"Tee,DI 1 LF 350.00 350.00 6'x 30"PVC Nipple 8 EA 225.00 1,800.00 Fire Hydrant Assembly 2 EA 3,600.00 7,200.00 2"x8"Double Strap Connector and 2'corp valve 1 LS 1,200.00 1,200.00 2'HDPE 362 LF 22.00 7,964.00 Double Water Service 16 EA 600.00 9,600.00 Single water service 3 EA 500.00 1,500.00 $106,274.00 Miscellaneous Construction Blank 2"and 4"Conduit for AEP 150 LF 15.00 $2,250.00 Traffic Control&Barricading Plan(During Construction) 1 LS 500.00 500.00 Trench Safety for Excavations(Sanitary Sewer&Storm Sewer 2423 LF 2.00 4,846.00 Pipes of all Sizes) Storm Water Pollution Prevention 1 LS 3,000.00 3,000.00 $10,596.00 $1,164,609.70 Exhibit 3 Page 1 of 2 BASS WELSH ENGINEERING Engineering Firm Reg.No.F-52 Surveying Firm Reg.No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 13057-PCE-STREET 3/21/2014 KING ESTATES UNIT 4 OSO PARKWAY REIMBURSEMENT ITEMS A.CITY REIMBURSEMENT STREET IMPROVEMENTS OPPOSITE LOT 1,BLOCK 1 (NORTH OF STA 6+57.57) ITEM 1 DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I AMOUNT 1 6"CURB&GUTTER 417 LF 14.50 6,046.50 2 4"CONCRETE WALK 1735 SF 4.50 7,807.50 3 5'CONC.VALLEY&GUTTER 18 LF 60.00 1,080.00 4 4"HMAC 815 SY 35.00 28,525.00 5 11"CRUSHED LIMESTONE BASE TO 2'BC 1000 SY 34.00 34,000.00 6 8"LIME STABILIZED SUBGRADE TO 2'BC 1000 SY 7.80 7,800.00 7 EXCAVATION 1 LS 7,500.00 7,500.00 8 CLEARING AND GRUBING 1_ LS 1,600.00 1,600.00 CITY PORTION $ 94,359.00 B.CITY REIMBURSE OVERSIZING ON DEVELOPERS PORTION OF STREET IMPROVEMENTS STA 6+57.57 TO NORTH ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I AMOUNT 1 DIFFERENCE IN PRICE BETWEEN 2"HMAC&4"HMAC 807 SY 17.50 14,122.50 2 DIFFERENCE IN PRICE BETWEEN 8"LIMESTONE BASE AND 11" LIMESTONE BASE 988_ SY 10.50_ 10,374.00 CITY PORTION $ 24,496.50 C.CITY REIMBURSE OVERSIZING ON STREET IMPROVEMENTS STA 6+57.57 TO SOUTH ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I AMOUNT 1 DIFFERENCE IN PRICE BETWEEN 2"HMAC&4"HMAC 2436 SY 17.50 42,630.00 2 DIFFERENCE IN PRICE BETWEEN 8"LIMESTONE BASE AND 11" LIMESTONE BASE 2976 SY 10.50 31,248.00 CITY PORTION $ 73,878.00 SUMMARY PART A $ 94,359.00 OF PART B 24,496.50 tE Tf PART C 73,878.00 V :.* SUBTOTAL $ 192,733.50 'Mon N. . 12%ENGINEERING,SURVEYING&TESTING $ 23,126.02 • 7.7"ligaie •� .!'S r CIS; * •• /%%I6!r�' TOTAL CITY REIMBURSEMENT $ 215,861.52 Y'4.4';riAI` • Exhibit 3 Page 2 of 2 City of Corpus Christi,Texas Department of Development Services City of P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361) at: 2406 Leopard Street smorMar a� . (Corner of Leopard St.and Port Ave.) ...%...,. 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". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ❑Corporation '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) 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 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 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 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: Mossa (Moses) Mostaghasi Title: General Partner (Print) Signature of Certifying Person: l Date: 04/08/2014 K:\DEVELOPMENTSVCS\SHARED\LAND DEW NI'ORDINANCE ADMINISTRATION APPLICATION FORMS\FORMS AS PER LEGAL\2012 OF INTERESTS STATEMENT1.27.12.DOC Exhibit 4 Pano 11 of 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 DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENTI.27.12.DOC Exhibit 4 Page 2 of 2 • � . � . • � ' . . . . . • �_�mm' . .vwn, �F� c tritsniste w~v°�«p/" e ��V u ��^�w� ° Special Services 2406 Leopard, Suitm ^�� ~-^'r~~ ~'` TX`�", ^^xv8408 Doc 1, 2014027131 Puses 13 07/16/2014 11:24AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $63.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Hundicun, 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 date and at the time stumped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Burrero ",""ti) �� ) ��' .