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HomeMy WebLinkAboutC2014-323 - 8/26/2014 - Approved • • Doc 2015000426 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agree- ment") is entered into between the City of Corpus Christi ("City"), a Texas home-rule munici- pality, and The John G. and Marie Stella Kenedy Memorial Foundation ("Developer"), 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 distribution main extension ("Distribution Main Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of the Distribution Main Extension; WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed.to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Main 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 Distribution Main Trust Fund for installing the Distribution Main 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 irn this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main 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 Distribution Main 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: 2014-323 8/26/14 Ord. 030261 John G&Marie Stella Kenedy INDEXED . 1. Install one (1) Lump Sum Mobilization/Demobilization; 2. Install 364 linear feet of 8-inch PVC waterline pipe; 3. Install 37 linear feet of sediment control fencing; 4. Install 70 square yards of sodding after waterline installation; 5. Install one (1) fire hydrant assembly; 6. Install two (2) waterline tie-ins; 7. Install 80 linear feet of boring under Boston Drive. b. The Distribution Main Extension must begin at southwest corner of The Lakes Unit 6, Lot 2, Block 1 and extend 364 linear feet to the southeast corner of Kenedy Subdivision Lot 1, Block 1 to proposed fire hydrant. c. The plans and specifications must comply with the City's Water Distribution 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 Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main 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 Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main 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 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. Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1, Lot 1 vFinal.doc Page 2 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 • • 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 Distribution Main 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 Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main 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: 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 Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1, Lot 1 vFinal.doc Page 3 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 • 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 tht 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 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 Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1, Lot 1 vFinal.doc Page 4 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 • • 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 Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main 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 Distribution Main Extension and the construction of the Distribution Main 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 Distribution Main Trust Fund and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $21,331.74 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1, Lot 1 vFinal.doc Page 5 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 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 DISTRIBUTION MAIN 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. f5—k/ EXECUTED IN ONE ORIGINAL this day of 0CAO , 20 1 Li-- ATTEST: CITY OF CORPUS CHRISTI 14U'•,22xkL,Rebecca Huerta Gus vo onz e City Secretary QUI 0zOZ Assi tant City an r, designee 1I{Ok of the City Manager !T WWII at Water Reimb TheJohn G.and Marie Stella Ke a it is .• ••ation Kenedy Subdivision Blk 1,Lot 1 vFinal.doc Page 6 of 7 Standard Form Water Distribution Main Reimbursement Agr-e ( , Template Version 1.0 7.18.14 APPROVED AS TO FORM: H-Lib GS'� 6 , 2014 : .--1 .1--4 Julian Gr.,', Senior Assistant City Attorney For the C y Attorney The John G. and Marie Stella Kenedy Memorial Foundation By:uric cssi-.cam Marc A. Cisneros CEO STATE OF TEXAS § COUNTY OF e;,..) § This instrument was acknowledged before me on (i- ak,.4...A.,f , 2014, by Marc A. Cisneros, CEO, The John G. and Marie Stella Kenedy MemoriFoundation, a Texas non-profit corporation, on behalf of said corporation. ,,,,;.,.(-‘,z.: (en``�-� JUDY-C CILBRTH Nota 1'ubli 's Signatu 1 ,, •= Notary Public Ai M STATE OF 01-31. '�A,,,,,, Y Comm. Exp. 01-31-2016 Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1, Lot 1 vFinal.doc Page 7 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 PPG30O �IC ' �" :� I� I`F° SEP 12 2012 %'1 d i PLANNING COMMISSION g �'/ SITE 'BLVD KE BLOCK EDY UBD LOT I� 7//,,,ILL:__ J / 77 YORKT $ npoi LT BEING A PLAT OF A 2.035 ACRE TRACT OF LAND OUT OF LOT 20, ,, 1 ; 1< SECTION G,OF THE FLOUR BLUFF*ENCINAL FARM$GARDEN TRACTS, OCAlION VtI A MAP OF W1-110-115 RECORDED IN VOLUME A, PAGES 41-43 OF THE No' I I scUi.1 MAP AND PLAT RECORDS OF NUECES COUNTY.TEXAS. _ nz• € 1,: LI v 't STATE of TE(4.5 — _ — STATE or TEXAS COUNTY OE NUECES I 4 YORKTOWN BOULEVARD (120' R.O.W.) COUNTY ONUECES n I.Diana T.Banes.Cert of the County Burt rn and for said County,do hereby Top h n t f ton he + c<nnm p.perty approved M the Department of Tra C Deveri .deny that the foregoing II>ttnlment dated the _..day of Development SN..' the City of Corpus hst. a,. with,t,cert.hcate of authentication was filed I•rernrd,n my often the day Cobb M.,and duly recorded the .._day Cl.X1 MIREhis M dory of .20_ .._ Ile ,are led) of PC) .at C'ck„k M.,In said Ufa,t,Volume.._ _.. OF IANC 209ND 5/8' 10 UTI VTY Page' . ,Map Records. DEDICAYED TO\ IRON ROD -\ -.EASEMENT Charles r.Dibrell,111.P.E. wrlle„my nam am seal of the County court,In and for,ad County,x office In Tot nry cx S 61'22'00" E 212.43' ( DOC It 988761 Developrnent Services Engineer CORPUS CHPJsrl D 15'UT IDLY �I • li>ryus Christi.Leta,,the day and year last written. lll��� r a cconoor L -. n NR.I l r11---_._ T No. 20 YARD \ .�I — o, O KtQUIREMENT 20 YARD n G. 3 Flleo for Record Darla T.Barrera CourtY e�sk Naeem.County,Trax2 ^ ...1:t1k11R[M�NI STATE OF TEXAS at____ .O lock_—M. COUNTY OF NUE/E5 us 20 n ---" -- _-- W This final that of the her des.nbed property was approved on behalf of r� 66 It r _..i Moa a,ouo,oe,. Duo-sem the Gly I Corpus Cnn.t.Texas by the Ramat 1.enac ssul. rc OO Ic 4-1 }„m Ltvoo'Oir:ft] x-1tir t The,the ^ nay t —'20 pi 1E M 'pi 1E STATE OF'5X0.5 to Mark C.van Vlewk.P.t..Secretary C COUNTY'OP NIIECt5 N . u> _ I,Jesse Comte•.,,a v oxataed Prolens...il land Surveyor tor Capnor USA Inc..have Z ,�V b O and the fn from a cove made on the. Mir direction and A.Jailer fneRa.AIA '� ° prepared en.e and correct foregoing the Pe•.t of air knowledge,informationonrad belief;yl have been 4 I Channon , / ergagcd under contract to net aII tot and Nock ruiner' hown heorn and 4> I I v V ,mpletc such operator,with due and reasonabe droeence u>rentent with sound I I proles...al p aulaoe 1 coor1 O — Lt ^ I I 1 Y C 'Z(9 r111.5 me__....._..air a 20--_-_ co • I I 0n Q 0. • I I t7 THE LAKES UNIT 6 GO y w _ V �\BLOCK 2. LOT 3 �="'l 5 I I VOLUME 57.PAGE 77 Jaxh len 0.I'CS '17' I M.OP.R.N,CO.,T%. <”' Teta,Licenbe No.5989 W 1 I z flftTf: o e I I Q P'I IO•UninY KENEDY SUBDIVISION 03 I.1.rrndedi11 caedtotarea reGty f2.o3sauc;ofund,inckd,ngo.oO1 arw-, of Mm dedicated to the Gry of C.xpu..Giusti t.J t,d I I tn;eh%rw BLOCK 1, LOT 1 to Lor s • _ 2.Bench mart It based on the Gty of Ci ins Chmh datum(NOVO 29).SR I I 2.0 55 ACRE TRACT N (2i IOC)„berated at the mter:Yeno,t of Everhart Road surd Vorkmwn STnrr C1F TI'NA7 f01 M I I COUNTY OF NUECES Z VI 13rwled Mrean Presbyterian Church of Corpus Christ hereby certifies t e the. or of Ck Z I h. 20 YAR[) 3.Beh s s z[hr 7 cooM� tr yet.m of r are South sone. 1110 the And,embraced within in the boundaries of a 2.035 acre tract of land,Irvkahng a I-, I I -RCQUIRIMCN' Ix are foraand,distance,and areashown hereon surface O.00 I ace Pere dedicated to the City of Corp.01,....rut of Lot 20.Section 6. let Al the Hour 131,11<enc,nal Farm<Carder Trade.as shown a,the iore9om9 net;that a m I I 4,o-`Set 5/B'con rod withsurvcyous cap stamped'CAPNOft OSA' as had saw]lards surveyed and afibdmded as show,that streets shown are lent wed to public uu operation forever;that oa rnients as shown are dell d W public use 5.The FEMA Rood maps show that fltheo property descnbed herein o located,n for the installation,opentwn and use of pubic Abbe,and[Mt Nns map was made for W Flood zone,c.An area of mmlmal Roodmg. Community panel no.485494 fn the puryvoe of description and MAKalo„ r() 0520,1 June 4,1987 Z X O w TN,the day of 20__-. 30 6.There may he eanUn/inpchnen not shown on this map. use the teas,one to,,f— call system to locate pipeline.,before perlrammg any excavation on this > y,Ko - Hy, Pre afyte„an Church o•Corpus Christi I.,..9.^ Prt'pertY. o O N 7.The receiving weer for the storm water 000/f man this rtthe m •K W nq w property Y e 03 S _ By050 Greek.the TCEO has not classified the actual.life use to the Ono fn 0 0 t eek.but It rs recogn,ced a-,an environment, rennefve.area.the Ono (.� OO creek Hawn directly Into the Oso hay.the TCEQ has clavahed the actual. N life ime for the Oen bay as'exceptlonaP and°oyster waters'and categonae W 0 d I co the receiving water an'contact recreabao use. Z m OG LU 0 N 8 If any lot r,devoktped with residential Inn,,compliance with the public Y STATE OF rTAU/IXAS yA.5721FYopen epee,rn9,l o/ns will An required dimnq the balding permit phase COUNTY or NUECES Z 5,'.191012 'ramp 515. • RIm rn H'umr¢was x'knaw4ddea before air by .a, L - ...RCL,ROD 9.Property thin an ACCUZ bounds ntour ion yw not boundary re„_w ter, • 13e:the flay of Q N 61.22'00" W 239.43' -7—_... IKON Nt 5:13' —— AL 57-ROD AT O tiII n S;036'.'58' YORKTOWN CROSSING [A'iEM[Nf NSA NMa,y Public.In and for the Nato of ream: W,LI46 VOI.UMF 61,PAGE 38 uvm,rd •IU' MAP.R.N.CO„i%. (i) 0' 40' t30' il0' .Iitkl .I LOT 50 LOT 49 LOT 48 LOT 47 LOT 46 LOT 45 I SCALE-I'=AC Exhibit 1 • APPLICATION FOR WATERLINE 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 $21,331.74 for the installation of water distribution main improvements, in conjunction with said lot, as provided for by City Ordinance No. 17092. $42,663.48 is the construction cost, including 12% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. L/ 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 Q.u, , 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and rie Stella Kenedy . s non-profit C• so - .'on, on behalf of the said foundation. 4 o,I;t4w JUDY C GILBREATH •. / ° Public ► 4 _ . Notary I.! �� "f STATE OF TEXAS ► �,g` My Comm.Exp.01-31-2016 ► Notary 'f blic i�:nd for the 'tate of Texas 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 Distribution Main Trust Fund, and (b)Appropriation and approval by the City Council. /7"1134 TiSi/Lf evelop ent Services Engi er (Date) Exhibit 2 Page 1 of 2 • APPLICATION FOR WATERLINE 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 $2,935.56 credit towards the water lot/acreage fee for the installation of the water distribution main improvements as provided for by City Ordinance No. 17092. $45,599.04 is the construction cost, including 12% Engineering and Surveying, as shown by the cost supporting documents attached herewith. - - 44)/ 11 Marc A. Cisneros, Chief Executive Officer Dat The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS § COUNTY OF NUECES § Qt.ta ...1--This instrument was acknowledged before me on 4- , 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and Mtella Kenedy Memorial Foundation, a Texas non-profit C. e a ation, on behalf of the said foundation. _ _ C�. . _ _ No ary ublic 1'u and forth State of Texas `'- `'\; JUDY C GILBREATH 4 i j* Notary Pubic ► �: STATE OF TEXAS ' ► '' o �' FMy Comm. Exp. 01-31.2016 Exhibit 2 Page 2 of 2 oOMIa1.13 NUt If 411‘ rot t. 11 pp �J, WI = J CCN am,,,. 10 i Att''' .-.k. ••,--` • 'hA 4- \ ` sssss'fa a tiA '?t Oigite9y signed by Renee Couture ON.cn4Rtromo CouWm,PUS, ''ft o•Oeve oilmen SeM s,nudity ruMS All*au=roa ammucnar . of Corpta Christi, on OF mm�r��sost� ( S°'/et* emad•ReneeCeccUrmascan ?^¢.1�/ B 'pole:2O1 t U3.29 10:4.41-0T00 "-:.----7.7:7=-...-! 'Ct° - pN W_ I n. <-4-4. �o��� 3 c11, 43 � a WT@ilE8A9FJMP `�w,, WNWru. lit v C4 .. .. , N. I stn 5 d 21 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 A5 Sanitary Sewer Manhole 1 EA $ 4,500.00 $ 4,500.00 A6 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 IOE 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 C. OFF-SITE WATER SYSTEM PARTICIPATION (50% OFF-SITE REIMBURSEABLE) Item Description Quantity Unit Unit Cost AMOUNT ci Mobilization/Demobilization 1 LS $ 1,900.00 $ 1,900.00 C2 Install New Waterline(8"PVC) 364 LF $ 36.00 $ 13,104.00 C3 Sediment Control Fencing 37 LF $ 4.25 $ 157.25 C4 Sodding After Waterline Installation 70 SY $ 3.75 $ 262.50 C5 Fire Hydrant Assembly 1 EA $ 4,950.00 $ 4,950.00 C6 Waterline Tie-ins 2 EA $ 650.00 $ 1,300.00 C7 Boring Under Boston Drive 80 LF $ 200.00 $ 16,000.00 WATER SYSTEM OFF-SITE SUBTOTAL= $ 37,673.75 Engineering&Design(12%) 50.0% LS $ 12,070.58 $ 6,035.29 Site Survey(Utility Location) 1.0 LS $ 1,890.00 $ 1,890.00 TOTAL OFF-SITE WATER SYSTEM IMPROVEMENTS COST= $ 45,599.04 WATER DISTRIBUTION ACREAGE FEE= $ (2,935.56) TOTAL OFF-SITE WATER SYSTEM IMPROVEMENTS COST(LESS FEE)= $ 42,663.48 TOTAL OFF-SITE WATER SYSTEM CITY PARTICIPATION(50%)= $ 21,331.74 Exhibit 4 Page 2 of 2 • City of Corpus Christi,Texas Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus )826-3240 US Located at: 2406 Leopard Street C—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". -�/ / "low(a/ NAME: The Jo Kul (j. �c44 /4ic,G .�i�e/14 / e..#ie �� t/n.0147c.; - A4rre eikirEpoS STREET: SSS 14. 64,144eA t✓4 j:InooCITY: Cors C4015%; 77c ZIP: 1,8 y0( FIRM is: [Corporation El Partnership 1:1 Sole Owner 1:1 Association El Other /newt-nre 4. 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 'V." 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 i11‘i- 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. /^�� Certifying Person: I ' '� 4r c' Sel e�� 5 Title: k1-c �� `��c1 �'� �rker- (Print) Signature of Certifying Person: L ot4- . Date: co — I c1 1 y K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENrtORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012 OF INTERESTS Page 1 of 2 STATEMENT1.27.12.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. KADEVELOPMENTSVCS\SHARED\LAND DEVELOPMENDORDINANCE ADMINISTRAPL! I N FORMS\FORMS AS PER LEGAL 12012\DISCLOSURE OF INTERESTS STATEMENTLExhibit 27.12.DOC Page 2 of 2 V111: Mi 4u6 L. S. SALIANA C r of Corpus 6nristi De Alt.)pment Services/ Special Service 2406 Leopard, Suite J rrirpus Christi, TX 78408 Docs 2015000426 T Panes 16 01/06/2015 9:35AN 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 me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS 1" r rli