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HomeMy WebLinkAboutC2014-322 - 8/26/2014 - Approved • \Y Doi 2015000425 WASTEWATER 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 The John G. and Marie Stella Kenedy Foundation, ("Developer/Owner"), a Texas non-profit corporation acting by and through its Chief Executive Officer. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 12, 2012 to develop a tract of land, to wit: approximately 2.035 acres known as Kenedy Subdivision, Block 1, Lot 1 located south of Yorktown Boulevard on the east of Boston 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: 2014-322 8/26/14 Ord. 030262 INDEXED John G. & Marie Stella Kenedv d"' 1. Install one (1) lump sum mobilization/demobilization; 2. Install one (1) Sanitary Sewer manhole; 3. Install 245 linear feet of 8-inch PVC pipe; 4. Install 7 linear feet of 6-inch PVC pipe; 5. Install one (1) lump sum existing sanitary sewer manhole rehabilitation/tie; 6. Install temporary construction exit/entrance; 7. Install 19 linear feet sediment control fencing; 8. Install 92 square yards sodding and; 9. Install 80 linear feet boring under Boston Drive. b. The Wastewater Extension must begin at the existing manhole on the southwest corner of The Lakes Unit 6, Lot 2, Block 1 and extend 245 linear feet to the southeast corner of Kenedy Subdivision Lot 1, Block 1 to proposed wastewater manhole at the northeast corner of said same property. 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 party 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 August 26, 2015. 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 WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 2 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/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. 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 August 26, 2015. 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: WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 3 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 • 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. 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: The John G. and Marie Stella Kenedy Memorial Foundation attn: Marc A. Cisneros, CEO 555 N. Carancahua, Suite 1700-Tower II Corpus Christi, Texas 78478 WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 4 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 • 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. 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 party 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, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $12,819.36 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 WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 5 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 • 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. DEVELOPER/OWNER 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 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 2.035 acres known as Kenedy Subdivision, Block 1, Lot 1, 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. WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 6 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 Fi4j 0 hKb EXECUTED IN ONE ORIGINAL this day of , 201 fi. O ArTTEST: F CORP di RISTI I 2....9-la 41.,Le../1--ir-, , Rebecca Huerta Gustay. Gonzalez City Secretary Assista 't City Manag:, , desig e /� ' of the City Manager APPROVED AS TO FORM: /?UE 6 , 2014. 616k, 94.j Julia Grant, Senior Assistant City Attorney For the City Attorney CL—:(:)3C) Uinu ILL,. -?.,--( 1 The John G. and Marie Stella Kenedy Memorial Foundation R CUKCIL -_.._. . / Ii SECRETARY By:CA'w'‘.° -`'= Marc A. Cisneros CEO 4 STATE OF TEXAS § § COUNTY OF __ § This instru nt was acknowledged before me on tet' r , 2014, by Marc A. Cisneros, CEO, The John G. and Marie Stella Kenedy Memol Foundation, a Texas non-profit corporation, on behalf of said corporatio 0:::: :.4 < , P�e< °�"Y '•••:_ JUDY C GILBREATH Not Pu ic's Signat e r{{{���7`;= Notary Public *1 ‘..)*'i STATE OF TEXAS < t`3?$,.....:i.',/ My Comm. Exp. 01-31-2016 004,1". 7�wv V v v v v v WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1, Lot 1 vFinal.doc Page 7 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 aAPCDG2©'6fEv r - tkl 1-1voRRTowd uro i l� � IY � KENEDY SUBDIVISIONt SEP 12 201? J� '' %ig�e!, - " B LO C K iLOT I PLANNING COMMISSION ilei F.{SITE 1 `m" , - .. , g gr— .,a BEING A PLAT OF A 2.035 ACRE TRACT OF LAND OUT OF LOT 20, 1 1 1' SECTION G,OF THE FLOUR BLUFF$ENCINAL FARM*GARDEN TRACTS, i.00ATION MAP A MAP OF WHICH 15 RECORDED IN VOLUME A,PAGES 4 I-43 OF THE WTI IO',CALL_ MAP AND PLAT RECORDS OF NUECES COUNTY,TEXAS. rr 6 1y fi E is u' STATE OF TD(A5 — — — -- STAT[Or TEXAS COUNTY OF NUECES € YORKTOWN BOULEVARD (120' R.O.W.) COUNTY OF NUECe i,Dana T.Rarrera,Clerk of thin County Court n and for said County,do hereby I Thi.In plat f t M1cre do<nhod property approved M the Department W cert y that the fo•egoinq instrument dated the. aay of Development Se suer at the City of CorpusCM1nt Texas. with As certificate of authenticator was hind for record in my ohhr a the_day 8 at Onto k M and duly recorded the ..—day 0.(X) ACRE Cron Clic day of .1.(1 of..___ .20 1 12 re Leet, ..._. ........ _........ 1 .20 at Orkw.k M.in said County m Voh oh., Or IANC POJND 5/PV la UT:;Jtt Pae Map Record,. DEDIC'ED TO ul IRON ROD - EASEMENT [lades F Dbrell,III.F.E TNF CPC oe S 61'22'00" E 212.43' /.--IXIC.1'eeo' Devedpmenc Somers f.igiricc Witness my hind and seal of the,County Court,in and hoc said County.at office in CORPUS CI1R1"iTl y+ CorpusChristi,Imus,the dayd year last written. r'. I/F_� Ut hllY 1 +' /EASEMEM N L --- O `0200FEMENT ,,, 20 YAR') a - 7. Vled for Record Diana T.camera,County Clerk O -KEW'n02MENI 'n °' -, Nieces County,Tuas STATE Of TEXAS at O'clock x. 42,___....., COUNTY OP NUECES .20 M'. _.. _ Lal —' -- --" This heal plat of the her des,abed property woe approved cm behalf of to i vacs uuus mea rra� etal3_ _ the Cly of Corpus Cho.t Texas W the Planning C+mmmsyO. 6 ' f 7x.47.M__ I i>se_i.'"c'_-Ei_a>_ 1t rr'tlz.t.,3 m :c b - O Tho the___.......clay of 20 '^e,w 2 v CO N mq STATE OF-FoAo ftp Mark E.van Vito k.1'.E..s«retary E L'o N`� COUNTY OF N,FCtS N ,o.—�._ Jesse Eveter.a Prgmtered Professional land'.iurveyor for Cpm,U3A Inc,.have Z a .... ......-. ......... ,�V uO prepared the foregoing nap from a',Levey made rat the ground under my direction a 4 C.Jamar fruenv,AIA • e and correct to the best of m knowle4 I I Chairman 15 y mics information-, and beef; have been • Z w ervgaged under contract to set all tot and WrA rrxnm,0 as shwm hoar and to I I •- , complete such operations with due and reasonable drkoerce consistent sitent wM sound O U<g professional practice. Z' I I 00 z 5 trig I I C QZu This the.........__day oh .20 W I I n <z 0. O I J M Cr) THE LAKES UNIT 6 ///'''��� Uw O BLOCK 2.LOT 3 ( l ,,at —_...... _.. I I VOLUME 57, PAGE 77 L( 'ao lcsset L RP.L.S 1 I I 3 M.kP.R.N.CO-TX. <r" Teras L N 599 W 1 I S rl(`i F:` o I I 4 t KENEDY SUBDIVISION P I.1.Total platted area contains 2.035 acre;of Land.Including 0001 a<r,-, �- I� i, 0 MOM'RY' CO of land dcdrated to the City of Corpus lrnsG. (a) La !n I I"---EA;enaENr BLOCK 1, L01 1 p� int a • h / P i 2. nch mk ais bates M on the City Cw re Chu..datum(NGVD 29).5R STATE OF TPXAS Q( IX) I I I I 2.035 ACRE TRACT N �S% '0015 located at the interrr"ction M Everhart Road and Yorktown COUNTY OP NUECE,o B,wevard. M I I _ Korean Presbyterian Church of Corpus Chnsb.hereby certifies that e r the owner of O z I h. 20 YARD 3.<X rings haus i+the Texan ttodare f system re tate Srluth lane. the Lards embraced within the boundaries of a 2.035 acre tr.,of Lala,Aiding a 1_ I 1 .'REQUIREMENT l raring)are ond,distances,and area shown hereon are surface. 0,001 acre p'ece dedicated to the City W Corpus C'ureb,out of tot 20.5ect«+n G. Vl of the hog MP<Encinal Farm<Garden tracts,n shown on the too-erring pial;that h Cf 1 I j 4.o -Set 518'ani rod with surveyors coo stamped'CAPNOR USA" had said land,surveyed and•subdnMed as shone,that',Nuts"Mwri are 1 dcdicateh to pJ,lr nee forever;that ra'rmtnt,as shown are dedicated to public use 5.The FEMA flood maps show that the po.en,rty descnbul herein IS located in for the installation,operation arid ice of pfitfic vtktro.and that Oro map w»made ho W ff000 zone r.An area of minimal toodrng. Community panel no.485494 N the purpose of description and dedreatiorN 05200 June 4.1987 Z 0_W fhe der day of .20 . G.There may be exotrn of shown or thin fp Y !pipelines n map.use the texas one to H Hy:',ran roentMenan Chores of Corpus Chinn .-- call system to locate pipe0nes before performing any eacmhon on thn >0 f L- 30 h W 7.The receiving water,for the storm water runoff mon Cht property io the m By. _._ Oso Creek,the TCEO has not classified the agwNc life use for the Ono N le reek,but it is eeogn zeed a,an hay.t mentally has yl ere area the Oso }U0 L? 0 creek flows he(toy inn the 05hay.the TCEQ has classified the aguxic Q O CO lite rex lint the Oso bay as'efe.Ooav and Yryster water,'and categorize W M) the receiving water as"contact ct remreaborr use. Z m ce eivi w A If any kit r.devekoped with residentul uses,rnmplanre with the public Y U STAT[Cl'TFNAS N 5'UI'1Lny open.parr.regudtwms vat he required during the Mlllding pen.phase. COUNTY OF NUECES 2 rA5•'MINL TOIINV 5;9' IhrS imNrumeiit eat arknowkdged Le•Mm,Irv,by__-_ L • % IRON ROD 9.Property t within an AllU?boundary ntrnn ._.» L rpt yi+esus ryor nrnv!r:o FOUND 8' _ N 61'22'00" W 239.43' • _._. t ---- — N Rett -- - D Ai� O In11 5 T2[% YORKTOWN CROSSINGLAitMt0tNl •-N/A Notary Public in and for the Stat:M Team: W.0_36' 001.Our 61,PACE 38 'ierbm'd an M.hP.R.N.00.,IX. (i..) U' 40 R0'--- g�L. •r sr r LOT 50 LOC 49 201 48 LOT 47 tor 46 201 4.5 1 I SCALE:I'v 40 P I--5C. Exhibit 1 APPLICATION FOR WASTE WATER REIMBURSEMENT We, The John G. and Marie Stella Kenedy Memorial Foundation, a Texas non-profit corporation, whose address is 555 North Carancahua, Suite 1700, Corpus Christi, Texas 78401, owners and developers of proposed Kenedy Subdivision, Block 1, Lot 1, hereby request reimbursement of $12,819.36 for the installation of the waste water collection line improvements in conjunction with said lot,as provided for by City Ordinance No. 17396. $34,412.88 is the construction cost,including 12% Engineering and Surveying, as shown by the cost supporting documents attached herewith. 44111 Marc A. Cisneros, Chief Executive Officer Date The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on T Qu,u.„1...41. , 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and Marie Stella Kenedy Memorial .:• . _ 2 • . poratio , on be If of the said foundation. JUDY C GILBREATH ' , 04_j( � i?: �,, "R-i Notary Public 4 pv ; STATE OF TEXAS Notary Pu lic in fort e St:te of Texas `,,.?rF-. 'S My Comm.Exp.01-31-2016 4 of,, CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b)Appropriation and approval by the City Council. 2a' L ls/l(( t-ot. Development Services Engi r (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WASTE WATER CREDIT We, The John G. and Marie Stella Kenedy Memorial Foundation, a Texas non-profit corporation, whose address is 555 North Carancahua, Suite 1700, Corpus Christi, Texas 78401, owners and developers of proposed Kenedy Subdivision, Block 1, Lot 1, hereby apply for $3,204.84 credit towards the waste water acreage fee for the wastewater collection line improvements in conjunction with said subdivision as provided for by City Ordinance No. 17396. $37,617.72 is the construction cost, including 12% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Cyte , ` d Marc A. Cisneros, Chief Executive Officer Dat The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 4 � , 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and ie Stella Kenedy Memorial Foundation, a Texas non-profit Corporatio , on half of the s 'd foundation. ,11111110. A." A 4A A A. A. A /A A A A 1 JUDY C GILBREATH > Nota ublic i and for the ',tate of -xas I ,4;. Notary Public ri, Gil r STATE OF TEXAS •iii;" -••-erg` My Comm.Exp.01-31-2016 , r, v v •, v v v Exhibit 2 Page 2 of 2 \- mous ora sun .iv.a .sreaL ?4 or iss . • ;1. :I c("' *. 1,„ z .4. 14 ,,,, W I 0 I tv y 1 A ,..._____./r , i . . ......_ ,.,„.,,.. „...„ ,...k.,, 4 ..,,,,,.., ,, 1 0 1 b R L Nasality scrod by Ranee Couture a WASTEWATER BABBAAP DN[»..Rene+Carafe,c$JS, sou,r-�.r aux.+:.a, wDevelopmet Sprouts,ovCdy of au roe rownwts7oM Corpus Christ,emaisReno.CQariasas on or ranewen Y C5 mn taxit7rtlartseavtts -, hu,.........................'DaU-2017.IX3.291915:10-05170 —...._.._.......--..—. . 1 roti 6_._d 2 t... Exhibit 3 KENEDY SUBDIVISION-BLOCK 1,LOT 1:PLAT REQUIRED PUBLIC IMPROVEMENTS OPINION OF PROBABLE CONSTRUCTION COST PLUS ELIGIBLE CITY REIMBURSEMENT A. PLAT REQUIRED PUBLIC IMPROVEMENTS Item Description Quantity Unit Unit Cost AMOUNT Al Mobilization/Demobilization 1 LS $ 3,800.00 $ 3,800.00 A2 Fire Hydrant Assembly 3 EA $ 4,950.00 $ 14,850.00 A3 Install New Waterline(8"PVC) 475 LF $ 36.00 $ 17,100.00 A4 Waterline Tie-ins 4 EA $ 650.00 $ 2,600.00 AS Sanitary Sewer Manhole 1 EA $ 4,500.00 $ 4,500.00 AG 8"Sanitary Sewer Line PVC(SDR-@26)(6'-8'depth) 245 LF $ 37.50 $ 9,187.50 • A7 6"PVC(SDR-26)Pipe(6'-8'depth) 7 LF $ 32.00 $ 224.00 A8 Existing S.S.Manhole Rehabilitation/Tie 1 LS $ 975.00 $ 975.00 A9 Temporary Construction Exit/Entrance 1 EA $ 750.00 $ 750.00 A10 Sediment Control Fencing 37 LF $ 4.25 $ 157.25 All Sodding After Waterline/Waste Water Installation 240 SY $ 3.75 $ 900.00 Al2 Boring Under Boston Drive 182 LF $ 200.00 $ 36,400.00 PROJECT SUBTOTAL= $ 91,443.75 10%CONTINGENCY= $ 9,144.38 PROJECT TOTAL= $ 100,588.13 Engineering&Design(12%) $ 12,070.58 TOTAL COST OF PUBLIC IMPROVEMENTS $ 112,658.70 10E Exhibit 4 Page 1 of 2 KENEDY SUBDIVISION-BLOCK 1,LOT 1: PLAT REQUIRED PUBLIC IMPROVEMENTS OPINION OF PROBABLE CONSTRUCTION COST PLUS ELIGIBLE CITY REIMBURSEMENT D. WASTEWATER IMPROVEMENTS Item Description Quantity Unit Unit Cost AMOUNT Dl Mobilization/Demobilization 1 LS $ 1,900.00 $ 1,900.00 D2 Sanitary Sewer Manhole 1 EA $ 4,500.00 $ 4,500.00 D3 8"Sanitary Sewer Line PVC(SDR-@26)(6'-8'depth) 245 LF $ 37.50 $ 9,187.50 D4 6"PVC(SDR-26)Pipe(6'-8'depth) 7 LF $ 32.00 $ 224.00 D5 Existing S.S.Manhole Rehabilitation/Tie 1 LS $ 975.00 $ 975.00 D6 Temporary Construction Exit/Entrance 1 EA $ 375.00 $ 375.00 D7 Sediment Control Fencing 19 LF $ 4.25 $ 80.75 D8 Sodding After Wastewater Installation 92 SY $ 3.75 $ 345.00 D9 Boring under Boston Drive 80 LF $ 200.00 $ 16,000.00 PROJECT SUBTOTAL= $ 33,587.25 Engineering&Design(12%) $ 4,030.47 TOTAL OFF-SITE WASTE WATER IMPROVEMENTS COST $ 37,617.72 WASTEWATER LOT/ACREAGE FEES $ 3,204.84 TOTAL OFF-SITE WASTE WATER IMPROVEMENTS COST $ 34,412.88 E. SANITARY SEWER SYSTEM PARTICIPATION Item Description Quantity Unit Unit Cost AMOUNT El PER UDC Section 8.5.2.E:8"Pipe Diameter X 2.04 Acre X$1,571.00/Acre X 50% $ 12,819.36 TOTAL SANITARY SEWER SYSTEM CITY PARTICIPATION= $ 12,819.36 Exhibit 4 Page 2 of 2 Cry a Corpus eTexas Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 Corpus Located at: 2406 Leopard Street � =Christi (Corner of Leopard St.and Port Ave.) 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". y 1 /J� /� • - NAME: lite 5-1=.1101 G. �c� Marie 51CIlet I` CACI? ItteAtOera( F✓i►/(i/)o� —/"tmac.!$,1c it STREET: SSr N.c C4I vk CITY: CO! t t I ( f7(` ZIP: 7"Ye/ FIRM is: gtorporation ❑ Partnership ❑Sole Owner ❑Association ❑Other ✓���.70(64f 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) 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 NA 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 N4 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 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. �1At r 1 �f Certifying Person: mare- iSAC ro $ Title: C�A(C c G Y-CO/Ave 6l INCGr' (Print) Signature of Certifying PersonDate: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012 OF INTERESTS Page 1 of 2 STATEMENTI.27.12 DOC Exhibit 5 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. • • KIDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENTL27.12.DOC Exhibit 5 Page 2 of 2 km: AA E L. S. SA L.DA~11,1 of Corpus tnristi De 61-)pment Services/ Special Service:: 2406 Leopard, Suite ''.CJ 1 )rpus Christi, TX 78408 Doc 2'_'1501)0425 * Pages 16 O1/O6/2015 9:35AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $75.00 Any provision 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 sequence on the date and at the time stamped herein by mer and was duly RECORDED in the Official Public Records of Nueces County? Texas KARA SANDS 14 Aiu►r�L