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HomeMy WebLinkAboutC2014-348 - 10/28/2014 - Approved lk. Or•=e:: 20 14049141 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule munici-pality, and The Icon at Corpus Christi Limited Partnership, ("Developer/Owner"), an Oklahoma corporation, acting by and through its general partner. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on May 7, 2014 to develop a tract of land, to wit: approximately 15.65 acres known as Lot 1, Block 1, The Vineyards Unit Four, located on the along the south side of Saratoga Boulevard, east of Airline Road, and west of Rodd Field Road 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, 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 certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs 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 in 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, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal 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 design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 2014-348 10/28/14 Ord. 030322 The Icon at Corpus Christi INDEXED 1. Install 1,853 linear feet of 8-inch PVC water distribution main line; 2. Installation of one (1) 12" x 8"tapping sleeve and valve; 3. Install five (5) 8'x8"x6"tee; 4. Install one (1) 8" 90 bend; 5. Install four(4) 8" 45 bends; 6. Install four(4) 8" 45 vertical bend; 7. Install six (6) 8" gate valves; 8. Install seven (7) 6" gate valves; 9. Install five (5) 3-way fire hydrants with 12"x12"x6" tees; 10. Install twelve (12) standard valve boxes b. The offsite Distribution Main Extension must begin at the existing 12-inch waterline on the southeast corner of Airline and Saratoga Boulevard (SH 357), and extend east 1,853 linear feet and connect to the existing 12-inch waterline off of Rodd Field Road. 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. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 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. 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. Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot 1 vFinal Page 2 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 • 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 October 28, 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. 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 October 28, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of 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 Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot 1 vFinal Page 3 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 • perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. 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: Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot 1 vFinal Page 4 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 • • • 1. If to the Developer/Owner: The Icon at Corpus Christi Limited Partnership Attn: Mike D. Case 4200 Skelly Drive, Suite 800 Tulsa, Oklahoma 74135 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 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. 14.1. 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. Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot 1 vFinal Page 5 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 • • • • 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds 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 $60,193.60 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 within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as shown in the attached Addendum A. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. 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. Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot 1 vFinal Page 6 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 • 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. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 15.65 acres known as Lot 1, Block 1, The Vineyards Unit Four, 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. yv-Iv-- � EXECUTED IN ONE ORIGINAL this I� day of v-e,_\.-,,P.A✓ , 20 + ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Gustavo Gonzalez - City Secretary Assista t City Manager Ord . ? SIHKWO ST Catifw I 0 Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot * Rage 7 of 8.. r 'h�Fi Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 `� APPROVED AS TO FORM: fp //v , 2014. ((-) / Julian Grant Lt.- 644-41 Assistant City Attorney The Icon at Corpus Christi Limited Partnership By: Case Equities Corporation, General Partner By: Mike D. Case President STATE OF Qk-1-&—koilt_i2.-- § COUNTY OF i5 A-- § This instrument was acknowledged before me on -dude/ ' , 2014, by Mike D. Case, General Partner, Case Equities Corporation, an Oklahoma corporation, on behalf of said corporation.D C.mN-14-• 2b1-`oi/rS .�1 1 '"""'iji,, No ryPublic's Signatu Q;i/Q p, o =Y:o Np _ ,. , . :z p101 -. a: \N OD �; %.`f:eqT � • FOR *' FOF� �'•J�• ,:- Distribution Main Reimb Agmt-The Icon at Corpus Christi L.P.,The Vineyards Unit Four,Block 1,Lot 1 vFinal Page 8 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 10.7.14 W. 134t1a. a R000 (s 1.)Total plotted area contains 15.65 acres of land. N•3$,W., j b* $W.,o 6 .l' J D are syn 2.)Set 5/8 inch iron rods with red plastic cap stomped "URBAN ENGR C.C. TX" hza at all lot comers, except where noted. 'Z' 3.)The receiving water for the storm water runoff from this property is the Oso m o Bay. The TCEO hos classified the aquatic life use for the Oso Bay os it 4- c "exceptional"and "oyster waters". The TCEO also categorized the receiving F $ b water as "contact recreation" use. ri 9 ,'pp4 4.)Bearings based on GPS. NAD83, State Plone Coordinate System, yr/- Texas South Zone 4205. • 1 5.)By graphic plotting only,this property is in Zone "C..of the Flood Insurance S I l e Rate Map, Community Panel Number 485494 0540 C. City of Corpus Christi, Texas, which bears an effective date of March 18, 1985 and is not in a Special Flood Hazard Areo. 6,)The yard requirement, as depicted is a requirement of the Unified LOCATION MAP N.T.S. Development Code and is subject to change as the zoning may change. 7.)If any lot is developed with residential uses, compliance with the Public Open Space regulations will be required during the building permit phase. State of Texas B.)The 15' wide drainage maintenance strip is non-buildable. Structures, County of Nueces including fences, will not be permitted within this strip. Underground utilities may be permitted subject to City approval. This final plot of the herein described property was approved by the Deportment of Development Services of the City of Corpus Christi,Texas. i [PpNOD Mgt This the_day of 20_ I MAY 7 1111 II), Renee T.Couture,P.E. Development Services Engineer PLANNING COMMISSION state of Texas Plat of County of Nuecee The Vineyards Unit Four This Mal plot of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Planning Commission. Block 1,Lot 1 • This the day of 20 15.65 acres out of Lot 6, Section 20, Flour Bluff and Encina) Farm and Garden Tracts, a map of _ which is recorded in Volume A, Pages 41-43, Map Barney Williams,P.E. Philip J.Ramirez,A.I.A.,LEES AP,Chairman Records of Nueces County, Texas secretory State of Texas County of Nueces I,Diana T.Barras,Clerk of the County Court in and far said County,do hereby certify that the __.... foregoing instrument dated the_day of 20__,with Its certificate of authentication was,Red for record in my office the_day of 20_At— O'clock__Jz..and duly recorded the_day of 20__,at—O'clock_M., in said County in Volume Page Map Records. MAY 5 2011 Witness my hand and seal of the County Court,in and for said County,at affix.in Corpus Christi. Texas,the day and year last written. Stale of Texas No. -- County of Nueces State of Texas Filed for Record Diana T. suer,County perk County of Nueces Nome.County,Texas OWE Development Corporation,hereby certifies that It is the owner of the lands embraced at O'clock_M. within the boundaries of the foregoing plat; that it has had said lands surveyed and Mauger Developments Limited,hereby certifies that it holds a lien on the property owned by — .20__ By subdivided as shown; that streets shown ore dedicated to the public use forever; that D&E Development Corporation,as shown on the foregoing map and it approves of the Deputy easements as shown are dedicated to the public use for the installation,operation and use subdivision and dedication for the purposes and considerations therein expressed. of public utilities; and that this mop was made for the purpose of description and dedication. This the day of 20____ Thisthe_--day of .20 State of Texas By Manger Developments Limited County of Noshes By. OWE Development Corporation I,Keith W.Wooley,a Registered Professional Lond Surveyor for Urban Engineering,have prepared the By - foregoing map from o survey made on the ground under my direction and is true and correct to the Philipe Pasquler,attorney In fact best of my knowledge,Information and belief; I have been engaged under contract to set all Lot and By. Block comers as shown herein and to complete such operations with due and reasonable diligence Edward L.Ciccone,Sole Director consistent with sound professional practice. State of Texas • Canty of Nueces State of Texas County of Nueces This instrument was acknowledged before me by Phtipe Paequier,attorney in fact for Mauger Developments Lknited. This Instrument wos acknowledged before me by Edward L Ciccone.as Sole Director of OWE Development Corporation,on behalf of said corporation. This the_day of -20__ This the__day of_____--_ 20— This the__day of_ 20______. iN DATE: March 28, 2014 Notary Public in and for the State of Texas Keith W.Wooley,R.P.L.S. �U RBA N SCALE: 1'x•100' Notary Public In and for the Stats of texas Texas License No.5463 ENGINEERING r _ JOB NO.: 04462.84.00 y-• SHEET: 1 of 2 \ ,leve Proia-w, ...rxow.-.n, /DRAWN 8Y: 7(G Exhibit 1 Pagel f 2._., o c hot= / q. Q-/q' 9 u SSG 1.)Total plotted area contains 15.65 acres of land. ,\ ° 1.`,2.%:,,,a N,, .r /',,,7..X..,..:Mt •,. 2.)Set 5/8 inch iron rods with red plostic cap stamped 'URBAN ENGR C.C. TX' s o,', �."w l'.0::': at all lot corners,except where noted. r.,-`° , .. + '"/ 3.)The receiving water for the storm woter runoff from this property is the Oso Bay.The TCEOhosclassified the aquatic life use for the Oso Bay as Yi..' \ / e 2 - / exceptional"and oyster waters'. The TCEO also categorized the receiving `.', 7 water as 'contact recreation"use. 4.)Bearings hosed on GPS, NA083, State Plana Coordinate System, \ .A' 0 c� / , Texas South Zone 4205. - ',0 c, / s+ /jrp 5.)By graphic plotting only, this property is in Zone C of the Flood Insurance /• / T Rate Mop, Community Panel Number 485494 0540 C, City of Corpus Christi, /, d / / h' / Texos, which bears on effective dote of March 18, 1985 and is not in 0 - '�/ "0-\ a, P.8' Special Flood Hazard Area. / / M 6.)The yard requirement,as depicted is a requirement of the Unified // ""*.,,\ v,,t3� .P /a, , / Development Code and is subject to change as the zoning may change. , / - y,)If any lot is developed with residential uses, compliance with the Public Open /// `�\� �' '`--, l icF/ Space regulations will be required during the building permit phase. / }4 r 2 8.)The 15' wide drainage maintenance strip is non–buildable. Structures, '- j/ sL\\ \P, ! 3 including fences,will not be permitted within this strip. Underground utilities / / 2T• may be permitted subject to City approval. / / //,S,, 0 Set 5/8"I.R. with red _ O�// e / plastic cap stomped / // d 'Urban Engr C.C. Tx" �, / Iry / M/ , Lot 1 0 15.66 Acre / Zr!, // .,// /' u /, / ,/ :' nL�f�G3�bD W D /// ;/ sur sow �// j,/ PLANNING COMMISSION / // 4 / 'F Plat of / ;' The Vineyards Unit Four / , ,,;,e Block 1, Lot 1 , • / 15.65 acres out of Lot 6, Section 20, Flour Bluff •- `� �\ef� j/ and Encinal Farm and Gorden Tracts, a map of // which is recorded in Volume A, Pages 41-43, Mop .. \ �w,A /// Records of Nueces County, Texas r ^ff / '\\ \\ / // 0 Os W /, 11?-VO 500 100 200 6T7� �,/' Graphic Scale raft ii U R B A N\DATE:Ata:Ma,-r,00•ch 28, 2014 sc ENGINEERING JOB NO.: 04462.84.00 SHEET: 2 of 2 ^,rid-^r ',,,rr,w-v., / DRAWN BY: XG - Exhibit 1 -....,.vFa, --2-b .Z_.,,. APPLICATION FOR WATERLINE REIMBURSEMENT We, The Icon at Corpus Christi, Limited Partnership, 4200 E. Skelly Drive, Suite 800, Tulsa, Oklahoma, 74135, owners and developers of proposed The Vineyards Unit Four, Block 1, Lot 1, hereby request reimbursement of $60,193.60 for the installation of the water distribution main, in conjunction with said lot, as provided for by City Ordinance No. 17092. $142,907.56 is the construction cost, including 8% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. v------ _ 10/6,/14 Mike D. Case, President Date Case Equities Corporation M&. THE STATE OFS § COUNTY OF TULSA § This instrument was acknowledged before me on 4664 , 2014, by 1'„MiIT D. Case (Name), President (Title), of ,,Csk. a . rporation, an Oklahoma Corporation, on behalf of the said corporation. ,)- /.. p� II-. ,t- .t% ,,I, „et E. /'&/1 )z-idgeil v o5°°,i, Vis..=po ratiPublind for the State of Oklahoma .% sT1TE4v°�' . IV LSI\o 0'' ,,,,,,LI L,llt�,��` 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 app * al by the City Coun il. G ij 0?0C-02°IL/ Development .ervice. Engineer (Date) Exhibit 2 Page 1 of 2 • APPLICATION FOR WATERLINE CREDIT We, Icon at Corpus Christi,Limited Partnership,4200 E.Skelly Drive,Suite 800,Tulsa,Oklahoma, 74135,owners and developers of proposed The Vineyards Unit Four, Block 1, Lot 1, hereby apply for $22,520.35 credit towards the water lot/acreage fee for the installation of the water distribution main as provided for by City Ordinance No. 17092. $165,427.91 is the construction cost, including 8% Engineering and Surveying, as shown by the cost supporting documents attached herewith. to/GE//-( Mike D. Case, President Date Case Equities Corporation // , THE STATE OFT- £S § COUNTY OF TULSA § / This instrument was acknowledged before me on CO , 2014, by Mike D. Case (Name), President (Title), of Case Equities Corporation, an Oklahoma Corporation, on behalf of the said corporation. S \\R L Y'' i., otary Public i nd for the State of Oklahoma sa 4,„ ,, /4/44in v h: - (5 • Oft.AN�a•• Exhibit 2 Page 2 of 2 -PUBLIC Waterline Una A Y�' gI rtc sal s,.�e.:[TO ws.-fix SDK �^. 11 A N c ON1 _..._I i PROPOSED 121'K C-900 9 9I wv."`rc (sons roses) I t, at INC ITS C M POI SW wWnvJLIP Rnn¢[r61w0 _ uN -_-- ---- __— ��l",.rN.».,�rr,STA OM TO �mlDrMWNW 1 ACW .R .,2� f�,� i/ T ---- �---- """I _ -- — ,1 'OATS I 0 5 *..- �.. ,/DIf11M M.',1D d. 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R ERncm� Kumu1 € MST...A rAlousnDANO r,O SAS. _j___ _ -----7I _-t il La/1stt a a,11rr„ t — Public Improvements 1 1 I , 1 1 5 1 le 1121 I] I ,P„1. 0 D alanine Dr-• Layout__ r s I II "I ..NDA® Ter ....f.. II [ �- � -�- I Ij - I - I I I -�. . . -0 �!,rn £ t X34 >�Y kY .LYS >CY �Y:.. - I .pY ` f , 1. ,,(��� r,* s - &¢ k k .. -_..__. til- - eQ} - - k L (Q - - r' - ! -----j-- 8�+ PLY=4„y ty3Y1 CR c aaYiitaa: RF3aY aaY ! ! $ aaY I.,'- '.".' � _ i !lits s�St. I Et.:hi is b$ ilgb11 [Lf.rw EL•1.*a�' " b$ os.1. 11 .1•,.1„,v,.. 'rs-._��' '.II <:<I I �, IIIII .IMI - I _ I : _FA s e eAwe 1I .I I ,_. b ___._-_._.. ._'---__' -.--.-_._. I -_-.. _.-. •-• --111 I� '.—_._ .__.__ ....-:-•-::,',',1:-...- iii.� ._• • 20 — �l __ a,D111aAD Rre.maNt [P' --- -� - 91, , I --- The Icon at -- 4....-......-----......-...• _ I_._ °� _ . III I _ _ . .---._._—_ Corpus Christi s --- 1 t r + • Caws MYti,Texas y 1c -- LR .J._.—_ f11 CR'IA _-- _ [3 t - I wa«en --'�” lY/IIT1 -- : 41/ TO =iI I ( 1Ne) 1 1 Bene ®•• w .�._ ,. ,,m Ann PYBLICter11M Une A _ =mow1R'7s " 1 �RaPo�ED ::" " . :u .„ m.s.c MM011114ON 147VC C-90D Owen I T r aI --- --._.., —._l._.� _—�— ---------..__,_�-- _ �____.._ _.__.__.._....__._..._..— - -- _ PU3 ... 1.m 14011 3000 1100 5.00 5400 MOO 11000 0100 I0+00 IMO n40O 1ADO 1.400 MOO IOW 11.00 111.00 nom m.00 0.00 27400 IMOD 24+00 25.00 M.00 Exhibit 3 I Tanner Consulting LLC TULSA OKLAHOMA 74105 5539 LAND PLANNING I LAND SURVEYING I CIVIL ENGINEERING 5323 SOUTH LEWIS AVENUE P: 918.745.9929 DAN E. TANNER, PE Email: Dan@TannerBaitShop.Com Tanner Consulting, LLC Fax: 918-745-9969 Tx Registration no. F-4367 Exp 12/31/2015 Engineer's Estimate for WATER REIMBURSEMENT Legal Description: Lot1, Block 1,The Vineyards Unit Four The Icon At Corpus Christi 6901 Saragtoga Blvd -SEPTEMBER 30, 2014 Item Description Quantity Unit Unit Cost Extension Erosion Control (Non-Reimbursable by City) 1. Sediment Basin Maintenance 1 EA $ 1,631.07 $ 1,631.07 2. Stabilized Construction Entrance 1 EA $ 1,631.07 $ 1,631.07 3. Silt Fence (Along East and South Boundaries) 1,600 LF $ 2.28 $ 3,653.59 4. Inlet Protection 42 EA $ 48.93 $ 2,055.15 SUBTOTAL $ 8,970.87 Item Description Quantity Unit Unit Cost Extension Site Grading(Non-Reimbursable by City) 1. Clearing and Grubbing 13.50 AC $ 652.43 $ 8,807.77 2. Strip 5"Topsoil and Unclassified Excavation 9,076 CY $ 5.68 $ 51,514.88 3. Stockpile-Pile and Leave Topsoil Onsite 1 LS $ 2,398.54 $ 2,398.54 4. Common Excavation (Contractor to Calculate Qty) 24,875 CY $ 3.10 $ 77,088.35 5. Building Pads (Undercut 24" and Import Fill) 9,216 CY $ 9.13 $ 84,178.77 SUBTOTAL $ 223,988.30 Item Description Quantity Unit Unit Cost Extension Shared Access(Non-Reimbursable by City) 1. Fine Grading (to 24" behind curb) 1,185 SY $ 0.72 $ 850.44 2. 8" Lime Stabilized Subgrade (to 24" behind curb) 1,185 SY $ 3.91 $ 4,638.76 3. 2" Hot Mix Asphalt 874 SY $ 0.26 $ 228.09 4. 6" Reinforced Concrete (Apron at Saratoga Blvd) 111 SY $ 27.40 $ 3,041.62 5. 8" Limestone Base 985 SY $ 24.96 $ 24,581.01 6. 6" Concrete Barrier Curb & Gutter 497 LF $ 7.67 $ 3,810.01 SUBTOTAL $ 37,149.92 Exhibit 4 Page 1 of 5 Item Description Quantity Unit Unit Cost Extension On-Site Paving(Non-Reimbursable by City) 1. Fine Grading (to 12" behind curb) 22,650 SY $ 0.72 $ 16,255.22 2. 8" Lime Stabilized Subgrade (to 12" behind curb) 22,650 • SY $ 3.91 $ 88,664.85 3. 5"Asphalt 19,829 SY $ 11.52 $ 228,441.50 4. 6" Reinforced Concrete (Apron at Saratoga Blvd) 101 • SY $ 27.40 $ 2,767.60 5. 8" Limestone Base (Apron at Saratoga Blvd) 101 SY $ 24.96 $ 2,520.49 6. 6" Reinforced Concrete (at Trash Areas) 275 SY $ 27.40 _ $ 7,544.67 7. 4"Aggregate Base (at Trash Areas) 275 SY $ 8.14 $ 2,241.43 8. 6" Concrete Barrier Curb & Gutter 6,973 LF $ 7.67 $ 53,455.15 SUBTOTAL $ 401,890.91 Item Description Quantity Unit Unit Cost Extension On-Site Storm Drainage (Non-Reimbursable by City) 1. Excavation & Backfill, Unclassified 2,031 CY $ 2.65 $ 5,390.27 2. 30" HDPE 287 LF $ 114.12 $ 32,753.01 3. 24" HDPE 438 LF $ 91.56 $ 40,104.59 4. 18" HDPE 901 LF $ 72.99 $ 65,759.49 5. 15" HDPE 1,322 LF $ 63.70 $ 84,206.11 6. 12" HDPE 1,181 LF $ 39.81 $ 47,015.61 7. 30"End Section 2 EA $ 2,919.40 $ 5,838.80 8. 24"End Section 1 EA $ 2,919.40 $ 2,919.40 9. 18"End Section 2 EA $ 2,919.40 $ 5,838.80 10. Concrete Splash Pad at Endsections 5 EA $ 2,919.40 $ 14,597.00 11. Std 4' ID Manhole 2 EA $ 2,919.40 $ 5,838.80 12. Std DGDI Curb Inlet (2 Grate) 11 EA $ 3,450.20 $ 37,952.20 13. Std 2 Grate Sump Inlet (in Paving) 10 EA $ 3,450.20 $ 34,502.00 14. Nyloplast 18" Inline Drain (in grass areas) 17 EA $ 1,061.60 $ 18,047.20 15. Nyloplast 24" Inline Drain (in grass areas) 4 EA $ 1,194.30 $ 4,777.20 16. Nyloplast Junction (in grass areas) 1 EA $ 995.25 $ 995.25 SUBTOTAL $ 406,535.74 Item Description Quantity Unit Unit Cost Extension On-Site Sanitary Sewer(Private) (Non-Reimbursable by City) 1. Excavation & Backfill, Unclassified 3,816 CY $ 3.15 $ 12,020.40 2. 8" PVC Pipe, SDR26 2,380 LF $ 111,83 $ 266,154.68 3. Std 4' ID Manhole 10 EA $ 3,465.00 $ 34,650.00 4. Std 4' ID MH Additional Depth (Over 6') 45 VF $ 299.25 $ 13,466.25 5. 8"x8"x4"Tee 28 EA $ 275.63 $ 7,717.50 SUBTOTAL $ 334,008.83 Exhibit 4 Page 2 of 5 Item Description Quantity Unit Unit Cost Extension Off-Site Sanitary Sewer(Public) (Non-Reimbursable by City) 1. Excavation & Backfill, Unclassified 416 CY $ 2.00 $ 832.00 2. 8" PVC Pipe, SDR26 149 LF $ 71.00 $ 10,579.00 3. Std 4' ID Manhole 2 EA $ 2,200.00 $ 4,400.00 4. Std 4' ID MH Additional Depth (Over 6') 25 VF $ 190.00 $ 4,750.00 5. Connect to existing sanitary main 1 EA $ 175.00 $ 175.00 SUBTOTAL $ 20,736.00 Item Description Quantity Unit Unit Cost Extension On-Site Water Mains (Non-Reimbursable by City) 1. Excavation & Backfill, Unclassified 1,118 CY $ 2.72 $ 3,042.27 2. 8" PVC Pipe, C-900 3,022 LF $ 96.56 $ 291,804.32 3. 12"x12"x 8"Tapping Sleeve &Valve 2 EA $ 6,120.00 $ 12,240.00 4. 8" Gate Valve 11 EA $ 1,496.00 $ 16,456.00 5. 6" Gate Valve 9 EA $ 1,292.00 $ 11,628.00 6. Valve Box 22 EA $ 163.20 $ 3,590.40 7. 3-Way Fire Hydrant Assembly 11 EA $ 3,808.00 $ 41,888.00 8. 6" PVC Pipe (3 FH Leaders) 26 LF $ 32.64 $ 848.64 9. 8"x 8"x 6"Tee 11 EA $ 476.00 $ 5,236.00 10. 8" 90 degree Bend 2 EA $ 476.00 $ 952.00 11. 8"45 degree Bend 5 EA $ 476.00 $ 2,380.00 12. 8"22.5 degree Bend 6 EA $ 476.00 $ 2,856.00 13. 8" 11.25 degree Bend 2 EA $ 476.00 $ 952.00 SUBTOTAL $ 393,873.63 Exhibit 4 Page 3 of 5 Item Description Quantity Unit Unit Cost Extension OFFSITE WATER ITEMS(FOR CITY REIMBURSEMENT) 1. Remove and replace ex conc drives 58 LF $206.90 $12,000.20 2. Cut and Replace Channel Liner in-kind 42 LF $165.95 $6,969.90 3. Excavation and Backfill, Unclassified 688 CY $38.90 $26,763.20 4. 8-Inch PVC Pipe C-690 1,853 LF $17.68 $32,761.04 5. Remove Plug 1 EA $400.00 $400.00 6. 12" x 8" Tapping Sleeve and Valve 1 EA $7,665.00 $7,665.00 7. 8" x 8" x 6" Tee 5 EA $651.43 $3,257.15 8. 8" 90 Bend 1 EA $680.00 $680.00 9. 8" 45 Bend 4 EA $350.00 $1,400.00 10. 8" 45 Vertical Bend 4 EA $357.50 $1,430.00 11. 8" Gate Valve 6 EA $3,003.75 $18,022.50 12. 6" Gate Valve 7 EA $1,500.00 $10,500.00 13. 3-Way Fire Hydrant with 12"x12"x6"Tee 5 EA $5,800.00 $29,000.00 14. Standard Valve Box 12 EA $193.75 $2,325.00 SUBTOTAL $153,173.99 Total Construction $1,980,328.19 Engineering Cost 8% $158,426.26 TOTAL $2,138,754.45 Exhibit 4 Page 4 of 5 I Tanner Consulting LLC TULSA OKLAHOMA VENUE741Q5 6539 LAND PLANNING I LAND SURVEYING I CIVIL ENGINEERING 5323 SOUTH LEWISP. 91$.745.9929 DAN E. TANNER, PE Email: Dan@TannerBaitShop.Com Tanner Consulting, LLC Fax: 918-745-9969 Tx Registration no. F-4367 Exp 12/31/2015 Legal Description: Lotl, Block 1,The Vineyards Unit Four The Icon At Corpus Christi 6901 Saragtoga Blvd -SEPTEMBER 30, 2014 Item Description Quantity Unit Unit Cost Extension OFFSITE WATER ITEMS (FOR CITY REIMBURSEMENT) 1. Remove and replace ex conc drives 58 LF $206.90 $12,000.20 2. Cut and Replace Channel Liner in-kind 42 LF $165.95 $6,969.90 3. Excavation and Backfill, Unclassified 688 CY $38.90 $26,763.20 4. 8-Inch PVC Pipe C-900 1,853 LF $17.68 $32,761.04 5. Remove Plug 1 EA $400.00 $400.00 6. 12" x 8" Tapping Sleeve and Valve 1 EA $7,665.00 $7,665.00 7. 8" x 8" x 6" Tee 5 EA $651.43 $3,257.15 8. 8" 90 Bend 1 EA $680.00 $680.00 9. 8" 45 Bend 4 EA $350.00 $1,400.00 10. 8" 45 Vertical Bend 4 EA $357.50 $1,430.00 11. 8" Gate Valve 6 EA $3,003.75 $18,022.50 12. 6" Gate Valve 7 EA $1,500.00 $10,500.00 13. 3-Way Fire Hydrant with 12"x12"x6" Tee 5 EA $5,800.00 $29,000.00 14. Standard Valve Box 12 EA $193.75 $2,325.00 SUBTOTAL $153,173.99 Engineering Cost 8% $12,253.92 TOTAL $165,427.91 OFFSITE REIMBURSEMENT(50%) (82,713.95) LESS ACREAGE FEE VALUE (22,520.35) TOTAL AMOUNT REIMBURSABLE 60,193.60 Exhibit 4 Page 5 of 5 City of Corpus Christi,Texas Department of Development Services C ity ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 En (361)826-3240 Corpus Located at: 2406 Leopard Street (Corner of Leopard St.and Port Ave.) Vor =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: —1- 0010 CI oCA,-,s A,-,s L,ntd-edr'1/2.eEJh ,/ STREET: &lp° CITY: Co r 4-s Ckr 1 att ZIP: 7 p cL CL 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) 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 11 Title N.) 0 Ni KI/4 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 /I Board, Commission or Committee j\) 0IJG ^ 1 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 « ^ I 0 Consultant N n 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. .� M t C Lae I ,'ee- 1 ' D. Certifying Person: T"�o'��.� Title: � v•r (Print) t2jb(c_cetuswi Signature of Certifying Person: � Date: ct K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATIONAPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF TERESTS Page 1 of 2 STATEMENT 1.27.12.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. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATIONWPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENTI.27.12.DOC Exhibit 5 Page 2 of 2 ADDENDUM A INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed,as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability(if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10)days of the accident. Page 1 of 3 • • G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 3 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense, insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 J "Corn: W l Gy£t- S• Sq�.D N ti - r: , at Corpus.SA, De; ,)pment Services/ Special Service 2406 Leopard, Suite 'ICJ C.;)rpus Christi, TX 78408 Doct 201401491-41. 4 Pages 24 12/23/2014 2:35PM Official Records of NUECES COUNTY MS. DIANA T. BARRERA COUNTY CLERK Fees $107.00 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 MS. DIANA T. BARRERA i1 ..i,• ..►- flAittvutii„. ,