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HomeMy WebLinkAboutC2014-447 - 4/29/2014 - Approved PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and Yorktown Oso Joint Venture ("Owner"), acting by and through its managing partners. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 7.06 acres out of Lots 19, 20, 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Rancho Vista Subdivision Unit 9 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Ranch Vista Boulevard from its existing terminus for a distance of approximately 546 feet to connect with the existing roadway on Rancho Vista Unit 5 as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The nal-NPR arknnwIPrina and confirm the total cost estimate for construction of the Roadway 2014-447 is attached to and incorporated in this Agreement as Exhibit 3 4/29/14 )ject to the limitations set forth below, the Owner shall pay a portion Ord. 030169 Yorktown Oso Joint Venture INDEXED of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $67,952.92. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF RANCHO VISTA SUBDIVISION UNIT 9 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 4 of 7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi Yorktown Oso Joint Venture Attn: Director, Development Services Attn: Fred Braselton, President 2406 Leopard Street/ 78401 5337 Yorktown Blvd., Suite 10-D P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 78413 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/ 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be April 22, 2016. (EXECUTION PAGES FOLLOWS) Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 5 of 7 EXECUTED in one original this day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta „-onald L. Olson / City Secretary City Manager Approved as to legal form: 3//q//Y Julian Grant Assistant City Attorney Urc . 039D1(01„unu... CCIUNCIL SEI TAPV Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 6 of 7 OWNER: PETERSON COUSINS, LLP. 7/4/,/ Reagan T. Bro n Date Managing Partner STATE OF TEXAS § COUNTY OF NUECES § ��/ynn �� This instrument was acknowledged before me on l�/(i(( L h' , 2014, by Reagan T. Brown, Managing Partner, Peterson Cousins, LLP, a Limited Liability Partnership, on behalf of said partnership. 'w„°'� CATHERINE GARZA ,�....,ya•' � e �� NOTARY PUBLIC NotaryPublic'• na ire .oF + State of Texas g - Comm.Exp. 12-O5-2015 OWNER: Braselton Development Company, Ltd. / 5/7 f B : Braselton Management Company, LLC Date By: Fred Braselton, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on h7 /1�n 2014, by Fred Braselton, President of Braselton Management Company, LLC., a Texas company, on behalf of Braselton Development Company, Ltd., a Texas limited part ership. Ft�rPi TANYA ROJAS A !� �'•J� I A My Commission Expires No ary Publ, s igna urea October 15,2017 Of it- Yorktown Oso Joint Venture-Rancho Vista Subdivision Unit 9 Participation Agmt vFinal Page 7 of 7 State of Texas County of Nuece. Yorktown 0.o Joint Venture, hereby certifies that It is the owner of the lands embraced within the bondades of the foregoing plot; that it has hod said lands surveyed and subdivided as shown; that streets shown are dedicated to the public use forever; that cents as shown are dedicated to the public use for the installation. operation and use of public utilities; and that this mop was made for the purpose of description and dedication. This the day of By. Yorktown Oso Joint Venture By. Fred Braselton, Manager State of Texas County of Nueces This instrument was acknowledged before me by Fred Bra0Mton, as Manager of Yorktown Oso Joint Venture. This the day of 20 Notary Public in and for the State of Texas State of Teeo. County of Nueces AMERICAN BANK, hereby certifies that It holds a lien on the property owned by YORKTOWN OSO JOINT VENTURE, as Mown an the foregoing map and It approves of the subdivision and dedication for the purposes and considerations therein expressed. This the _— day of 20 By. AMERICAN BANK By PHILUP J. RITLEY, Senior Lending Officer State of Texas County of Nueces This Instrument 00. acknowledged before me by PHILUP J. 911.60., oe Senior Lending Officer of AMERICAN BANK, on behalf of said bank This the day of Notary Public in and for the State of Texas 20— Stats of Texas County 01 Nueces Related Investors. Ltd., hereby certifies that it holds o lin on the property owned by Yorktown Oso Joint Venture, as shown on the foregoing mop and it approves of the subdivision and dedication for the purposes and coneiderotins therein expressed. This the _ day of 20 By Related Investor., Ltd. By. Chris Ann Peterson Brown, General Partner State of Texas County of Nueoe. This 10.1,0mnt was acknowledged before me by Chris Ann Peterson Brown, ae General 111M the _ day of 20 Partner of Related Inw.tors. Ltd, on behalf of said Partnership. Notes, 1.) Total plotted area contains 7.06 acres of land. (Includes Street Dedication) 2.) Set 5/8 Inch Iron rods with red plastic cap stamped 'URBAN ENDA C.C. TX' at all lot corners, except where noted. 3.) The receiving water for the storm water runoff from this property is the Oso Creek. The TCEO has not clossified the aquatic life use for the Oso Creek, but it is recognized as on environmentally sensitive area. The Ono Creek flows directly into the 0140 Bay. The TCEO has classified the aquatic life use for the Oso Boy os 'exceptional" and 'oyster waters" and categorized the receiving water as "contact recreation" use. 4.) Bearings are based on the recorded plat of Rancho Vista Subdivision Unit 4, a map of which is recorded in Volume 87, Pages 54-55, Mop Records of Nueces County, Texas. 5.) 8y graphic plotting only, this property le in Zone "B' on Flood Ineuronce Rate Map, Community Panel No. 485494 0540 C. City of Corpus Christi, Texas, which bears on effective dale of March 18, 1985 and is not In a Special Flood Hazard Area. 6.) All lots in this subdivision ore part of a Planned Unit Development (PUD), Ordinance No. 7.) Finished floor elevations must be 0 minimum of 1.0' above the base flood elevation. Plat of Rancho Vista Subdivision Unit 9 7.06 acres of land out of Lots 19, 20, 29 and 30, Section 25, Flour Bluff and Encino) Form and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. npE I ©WLR W PLANNING COMMISSION AN 19 Mg State of Texas County of Nuecos 1, Keith W. Worley, a Registered Prof.e.lona! Land Surveyor for Urban Engineering, have prepared the foregoing mop horn arvey made on the ground under my direction fid Is true and correct to the best of my knowledge, information and belief, I have been engaged under contract to set all Lot n0 Block corners as shown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This t0s ___ doy of 20 Keith W. Wadey. R.P.LS. LOCATION MAP N.T.S. State of Texas County of Nueces This final plat of the herein described property was approved by the Deportment of Development Service. of the City of Corpus Christi, Texas. This the __ day of 20 Renee T. Couture, P.E. Development Services Engineer Stole of Texas County of Nueces This final plat of the herein described property was approved on behalf of the City of Corpus Christi. Texas by the Planning Commission. This the doy of 20 Mork Von V1eck, P.E. Coving Nadkarni, P.E., C.E., Chairman Secretory Stats of Texas County of Nuece. I, Diana T. Barrens, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument dated the — day of 20 000 Its certificate of authentication was feed for re0rd in my office the day of 20 At _ O'clock _JA and duly rewarded the _– day of 20 at O'clock _M., In sold County in Volume Page _____, Mop Records. *Stns. my hone and seal of the County Court, in and for sold County, at Office in Corpus Christi, Texas, the day and year last written. No Feed for Record at O'clock __JM. 20 Oona T. 8orrera, County ClerkNueces County Texas By Deputy TURBAN' DATE: April 12, 2013 ENGINEERING SCALE: 1'353' coo us 000isn:, i%P14 JOB NO.: 39319.82.04 SHEET: 1 of 2 ,,,ac ,,f us. nor °' xri ar-an'"°' DRAWN BY: XO Exhibit 1 Page 1 of 2 Lr A 89'29'19" R-15.00' 1-14.87' L-23.43' (reel 9...to 9ataiLd 39 0 e -94715'05' R-15.00' 1-13.07• L-23.6]' 570. 9.2rt 25.00 A -01'22'53' R-1058.39' T-12.76' L-25.52' TN. portion of ...wary amino.. recorded in Oce. No. "0 2005025794. O.RN.C.T. clamed "IM the recording of Ms pbl A =1214'03" R-1033.39' T-110.75' L-220.65' UNE BEARING DISTANCE L1 516'17'51"E 21.21' 1_2 528.42'0906 45.00' 1_3 561'17'51'E 25.00' L4 N73'42'09"E 21.21' L5 561'17'51"E 40.00' L6 N28'42'09"E 24.00' L7 $73'42'09"6 21.21' L8 528'42'0906 24.00' L9 516'17'51"E 21.21' L10 573'42'09"6 21.21' L11 N16'17'51"W 21.21' L12 N73'42'09"E 21.21' L13 N28'42'09"E 24.00' L14 528'42'09"6 24.00' L15 516'17'51"E 21.21' L16 573'42'09Yr 21.21' A -26'29'1 R-378.12' T-88.99' L-174. a, 41. /ZT29'1 A -89'29'19' R-15.00' T=14.87' L-23.43' 561'17'51'E 315.20' 129.52 1- I 70.00' 67 8793.E 61.1151.E 122.49' 66 8464N s61'1791'E 120.12' 65 2766.6 561'17'51 64 9289.6 S 61 9975.6 W Private lake 15 Rancho ta 225 226 Unit 1 Vol. 64, Pg.. s County, Map Retards of Warms Counly, Taxm 70.00' 60 8295.6 �20Y.R./U 05.68 2 B 1659 332.66 7(.00' ]0.00' 561'1)51 E 1{0.00' 47.00' 4 $ n '8 $; 8888.6 I� 8285.1 561'17'51' 120.00' 4.81'1 T --109:�i0'V.E.I 63 11oY.aNE 1 05 �v 313.62' 41 0l T 87760 1 rt ry 461.17.51.E 128.84' ^ sl $I I I f„- 40 I �d 602605 1-+ 56J27'S1'E 146.47' )000 f8 A" 0 42 8 9100.E n 28' 88 8 0. 6ri 120.80' 559'3828' 75 58 55 10584.6 0.00' 561'( TSt.E 15Y.R /U.E 0 F 47.00' 56 909505 561' 7'51"E 135.00' 45.00 54 9362.6 561'17'51.E 55.00 g 42.00'\\� 2 00 1 s I r$ 12! „8a ;. R e"� s I$ 28 70.00 53 8470.6 l20Y.R.NE 561'17.5lt 70.00'] 581'17'51-E 127.04' 57 909505 L10Y.R.N.E. 92.0 N61'I J'S11e 159.00' . 37,401.6 Reeerw Boulevard (Private) 561'17'51'E 444.74' M 5.0' P..bbm n Eowent )0.00 �l0'U.E.7 400 1 70.00 T. 43 9100.E 6 44 9100.6 j' "5. )0.00' 8 A 8 45 9100.6 8 R 8 8 0.00 52 8900.6 { 561.1751E-100 51 8638.6 561.17'51'E 125.00' so 7500.1 561'17'5I.E 125x0' 46 8988.6 .--F 25 J Z. h 7$ S$ b = 8 F" 49 873605 58117'51'E 120.00' 48 7200f 05.00' 561'17'S1'E 143.00' 12 I r 47 9097.6 99.12' R: 8 12 RW 39 Detail A 5A01 7 1 888305 $ 3.8. yII V °- 05.' l ill 20Y.R. N L-Z.e3i I N 411,, 8'59'59' 9-71... T-18.36' L-35.94' 38 N6125'17'51N61;;7;4,51,"9/.49' 75 50 25 0 37 50 4.6 S11V 54000 36 100 rap5,c <al. 35 A 34 33 32 Stampede Drive Private Lake Sp 15 O R echo Vista Subdivision Unit 4A Door. 87, Nue .. County, Mop YRaeorda of Nuaeea County, Texas N 31 30 Rancho Yata Subdivision Unit 4A Vol. 67, P9Q.. 509-510, Map Records of Nuecss County, Texas CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH Cl 26'02'32' 403.12' 93.22' 183.23' C2 86'47'28' 15.00' 14.18' 22.72' C3 93'12'32' 15.00' 15.86' 24.40' C4 10'51'10' 1058.39' 100.54' 200.48' 20Y.R. 29 28 27 11 17 Rancho Vista Subdivision IMI Vol. 67, P9s. 54-55Map RfeaMaces of ees County,TT T 4 Nall 18 19 20 23 24 25 26 Plat of Rancho Vista Subdivision A W Unit 9 7.06 acres of loud out of Lots 19, 20, 29 and 30, f. URBAN' Section 25, Flour Bluff and Encina) Farm and DATE: Apel 12, 2013 Garden Tracts, a mapof which is recorded in ENGINEERING SCALE: 1 -50' JOB N0.: 39319.92.04 Volume A, T CORPUS CHRISTI Pages 41-43, Mop Records of Nueces CHRISTI. ` J SHEET: 2 of 2 County, Texas. .ai a._,'o`,"x. "M-mo1°'01 DRAWN BY: VG Exhibit 1 Page 2 of 2 8'3x24" RCP TIE EXISTING 24" RCP TO NEW JUNC. BOX Existing Lake Rancho Vista Unit 5 TO 'ox STO_ STO` STO 5'x4' RC BOX •11 Side* 5' SLOT INLET --„1/4 15" RCP 6" 'L' Curb STO Tie to Exist. Paveme t 5' SLOT INLET 15" RCP 'x4' RC BOX STO STOP STOP STOP STO STOP STOP STe Rancho Vista Boulevard 4'x4' RC BOX _ _ = — Rancho Vista Unit 4a Rancho b S sta Unit 9 0) A Rancho Vista Unit 9 m V p. 1 EXHIBIT TO ACCOMPANY COST ESTIMATE LEGEND: for PROPOSED ASPHALT PAVEMENT PROPOSED CURB PROPOSED SIDEWALK PROPOSED SLOT INLET PROPOSED STORM SEWER 0 2013 by Urbon Engineering CITY STREET PARTICIPATION for RANCH VISTA UNIT 9 Rancho Vista Unit 1 Tie to Exist Sid walk Rancho Vista Unit 1 URBAN' 11„E CORPUS CHRIST. TEAS ENGINEERING JOB NO. 39319.82.04 MFH/crr August 1, 2013 Scale: 1 "=40' RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photocopy, discolored paper etc. All blackouts, additions and changes were present at the time the instrument was filed and recorded. Exhibit 2 Eng: Murf Hudson, P.E. Preliminary Cost Estimate Aug. 2, 2013 Client: Bart Braselton for Job No. 39319.62.04 By: C.R.R. RANCHO VISTA UNIT 9 Corpus Christi, Texas ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. PAVING IMPROVEMENTS: 1 Clearing and Grubbing 7.06 7.41 AC $650.00 $4,816.50 2 Excavation 9,859 10,352 CY $6.70 $69,358.40 3 2" Hot Mix Asphaltic Cement 4,329 4,545 SY $17.80 $80,901.00 4 6"Crushed Limestone Base 4,629 4,860 SY $12.25 $59,535.00 5 8" Lime Stabilized Subgrade 6,157 6,465 SY $6.15 $39,759.75 6 6"'L'Curb 3,426 3,597 LF $13.30 $47,840.10 7 6"'S'Curb 689 723 LF $13.30 $9,615.90 8 4' Concrete Sidewalk 4,298 4,513 SF $4.05 $18,277.65 9 5'Tied Concrete Sidewalk 4,133 4,340 SF $4.95 $21,483.00 10 5'Concrete Valley Gutter 186 195 SF $5.25 $1,023.75 11 5"Concrete Driveway 888 932 SF $5.85 $5,452.20 12 Street Signs 3 3 EA $563.00 $1,689.00 PAVING SUB-TOTAL: $359,752.25 B. STORM SEWER IMPROVEMENTS: • 1 5'x4'Concrete Box Culvert 201 211 LF $350.00 $73,850.00 2 4'x4'Concrete Box Culvert 334 351 LF $250.00 $87,750.00 3 24" RCP 8 8 LF $55.00 $440.00 4 18" RCP 478 502 LF $45.00 $22,590.00 5 15" RCP 168 176 LF $35.00 $6,160.00 6 OSHA Trench Protection 1,189 1,248 LF $2.00 $2,496.00 7 5'Slot Inlet 8 8 EA $2,625.00 $21,000.00 8 Junction Box 4 4 EA $5,000.00 $20,000.00 9 Tie to Existing Storm Sewer 2 2 EA $750.00 $1,500.00 STORM SEWER SUB-TOTAL: $235,786.00 C. WATER IMPROVEMENTS: 1 8" PVC C-900 527 553 LF $26.00 $14,378.00 2 6" PVC C-9001,171 1,230 LF $21.50 $26,445.00 3 6"Gate Valve and Box 2 2 EA $965.00 $1,930.00 4 8"x6" Ductile Iron Tee 1 1 EA $425.00 $425.00 5 6" Ductile Iron Tee 2 2 EA $325.00 $650.00 6 Fire Hydrant Assembly Complete In-place 2 2 EA $2,895.00 $5,790.00 7 6"x90 Degree Ductile Iron Bend 2 2 EA $325.00 $650.00 8 2"Type'K'Copper Pipe 102 107 LF $12.00 $1,284.00 9 Tie to Existing Water Service 2 2 EA $1,000.00 $2,000.00 10 Long Double Lot Service 6 6 EA $785.00 $4,710.00 11 Long Single Lot Service 2 2 EA $750.00 $1,500.00 12 Short Double Lot Service 5 5 EA $595.00 $2,975.00 13 Short Single Lot Service 4 4 EA $575.00 $2,300.00 14 6" Plug with 2"Tap 1 1 EA $300.00 $300.00 WATER SUB-TOTAL: $65,337.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 1 of 3 Eng: Murf Hudson, P.E. Preliminary Cost Estimate Aug. 2, 2013 Client: Bart Braselton for Job No. 39319.B2.04 By: C.R.R. RANCHO VISTA UNIT 9 Corpus Christi, Texas ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST D. SANITARY SEWER IMPROVEMENTS: 1 8" PVC SDR 26 (0'-4'Cut) 246 258 LF $27.00 $6,966.00 2 8" PVC SDR 26 (4'-6'Cut) 419 440 LF $27.00 $11,880.00 3 8" PVC SDR 26(6'-8' Cut) 547 574 LF $29.00 $16,646.00 4 8" PVC SDR 26 (8'-10'Cut) 224 235 LF $32.00 $7,520.00 5 OSHA Trench Protection 981 1,030 LF $1.30 $1,339.00 6 Embedment 1,436 1,508 LF $6.70 $10,103.60 7 4' Diameter Manhole (0'-4' Deep) 1 1 EA $3,500.00 $3,500.00 8 4' Diameter Manhole(4'-6' Deep) 3 3 EA $3,715.00 $11,145.00 9 4' Diameter Manhole (6'-8' Deep) 1 1 EA $4,175.00 $4,175.00 10 4'Diameter Manhole (8'-10' Deep) 1 1 EA $4,500.00 $4,500.00 11 Long Lot Service 17 17 EA $600.00 $10,200.00 12 Short Lot Servce 11 11 EA $550.00 $6,050.00 13 Tie to Existing Stub-out 1 1 LS $750.00 $750.00 SANITARY SEWER SUB-TOTAL: $94,774.60 E. MISCELLANEOUS ITEMS: 1 Stabilized Construction Entrance 1 1 LS $2,160.00 $2,160.00 2 Silt Fence (Along Rancho Vista Blvd. Only) 1,200 1,260 LF $2.25 $2,835.00 3 Electrical Conduit 200 210 LF $12.00 $2,520.00 4 Bonds and Insurance 1 1 LS $11,000.00 $11,000.00 6 General Conditions 1 1 LS $53,000.00 $53,000.00 MISCELLANEOUS SUB-TOTAL: $71,515.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $827,164.85 • Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 2 of 3 Eng: Murf Hudson, P.E. PARK PARTICIPATION ESTIMATE August 1, 2013 Client: Bart Braselton for Job No.39319.B2.01 By: C.R.R. RANCHO VISTA UNIT 9 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST PARK PARTICIPATION PAVING IMPROVEMENTS: 1 Clearing and Grubbing 0.31 AC $650.00 $201.50 2 Excavation 1,234 CY $6.70 $8,267.80 3 2"HMAC Including Prime Coat 731 SY $17.80 $13,011.80 4 6"Ty A, Gr 1 Crushed Limestone Base 731 SY $12.25 $8,954.75 5 8" Lime Stabilized Subgrade 975 SY $6.15 $5,996.25 6 6"'L'Curb 545 LF $13.30 $7,248.50 7 4' Concrete Sidewalk 2,193 SF $4.05 $8,881.65 8 15"RCP 24 LF $35.00 $840.00 9 24"RCP 8 LF $55.00 $440.00 10 OSHA Trench Protection 40 LF $2.00 $80.00 11 5'Slot Inlet 2 EA $2,625.00 $5,250.00 12 Tie to Existing Storm Sewer 2 EA $750.00 $1,500.00 PAVING SUB-TOTAL: $60,672.25 Engineering, Testing, Staking @ 12%: $7,280.67 CITY STREET PARTICIPATION ESTIMATE: $67,952.92 • Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 3 of 3 City of Corpus Christi,'Texas Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 Corpus Located at: 2406 Leopard Street a� aaa� (Corner of Leopard St.and Port Ave.) =Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: Yorktown Oso Joint Venture STREET: 5337 Yorktown Blvd, Suite 10-D CITY: Corpus Christi ZIP: 78413 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ['Association El Other Joint Venture DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee Bart Braselton Corpus Christi Business and Job Development Corporation Fred Braselton Planning and Zoning Commission 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. u Certifying Person: 1 bA- 564-7bA) Title: C..d `1141b S - (Print) _ / Signature of Certifying Person: Date: 7� z-th 3 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPM ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC Exhibit 4 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT,ORDINANCE ADMINISTRATION APPLICATION FORMS'.FORMS AS PER LEGA L\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Exhibit 4 Page 2 of 2 ^ . & � \ . c7c0 _k � C ^_ Doc 70 1 4-0 1. .7 -40 / � Poses 16 ~�l r�� .�� c»��� /—� 05/14/2014 2:24PM `�� ��� L/ ` ^~' Official Records of /° . y~ ' -- '-� ��-� �� ��` NUEC[S COUNTY -- • ` ^ ~ �� . `~^ DIANA T. DARRERA COUNTY CLERK Fees $75.00 Any nrovisioo herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Oriyio is invalid and unenforceable under FEDERAL LAW, 3/12/39. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the data and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County/ Texas Diana T. Burreru ft44:er, auLit..43