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HomeMy WebLinkAboutC2016-209 - 4/26/2016 - Approved • .41, 20:1 602066 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 10.051 acre tract of land, more or less, a portion of Lots 2, 3 and 4, Section 32, 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 Parkview Unit 5 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 953 feet to connect with a proposed North Oso Parkway bridge roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1 , of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1 , and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension. which estimate is attached to and incorporated in this Agreement as Exhibit 3 2016-209 ubject to the limitations set forth below, the Owner shall pay a portion 4/26/16 Res. 030824 INDEXED MPM Development LP • . • 1 I • 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 $499,302.42. 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 as detailed in Exhibit 4. 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 MPM Development LP-Parkview Unit 5 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 am SI tY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE 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 PARKVIEW UNIT 5 SUBDIVISION 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. MPM Development LP-Parkview Unit 5 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 • 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. 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 MPM Development LP-Parkview Unit 5 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, LP. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street/ 78401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/ 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. 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 26, 2018. (EXECUTION PAGES FOLLOWS) MPM Development LP-Parkview Unit 5 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 / Lilt EXECUTED in one original this � day of CL C 2016. ATTEST: CITY OF CORPUS CHRISTI (1,-), 1,,,,„--/---li,,,,,-t--z- .cD,cut4 j / I r Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secreta , • he City of Corpus Christi, Te .s, and acknowle•••ed before me 6n the , I Ulkd"ay of EA I.,J 2016. a 0 Lam_b44(0,44,. 0?-30 . • T 0 I[ ot.ry ubl C, State Of Texas ` a .�4e�'. MONIQU! TAMEZ LERMA .'' rocA�.,:. Notary Public ► 0 �IMUNCIL.. 1 pA :• : STATE OF TEXAS ► THE STATE OF TEXAS § 4 •''•.;';,i..; y' My Comm. Exp. 01-23-2017 ► Of0 § — ,.......... sic way / COUNTY OF NUECES § il This instrument was signed by Dan McGinn, Interim Development Se ce Director, for the i y of Corpus Christi, Texas, and acknowledged before me on the I ' ay of 2016. I e � ww�www��... l I / / < ..,,.,,',,p, MONIQUE TAMEZ LERMA A c I I ��L_��/�L _ l < erri 41 '`•'` Notary Public No ary Pu,lic, Stateif Texa . < %.. yv STATE OF TEXAS '•:'4;FOFTE+P".•i My Comm. Exp. 01-23-2017 i a v v v v v v v v v v v APPROVED AS TO FORM: This 4 day of Arj , 2016. -t- L--- Assistant City Attorney For the City Attorney MPM Development LP-Parkview Unit 5 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: MPM Development, L.P. % y _76 Mossa Moss Mostaghasi Date General Partner ��Pv o KENE 0 SAPENTER STATE OF TEXAS § till My Commission Expires October 15,2017 '44,tartJ COUNTY OF NUECES § This instrument was acknowledged before me on 4L1 / 2016, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P. ed Partnership,, on behalf of said partnership. / te Notary Public's Public's Signat re MPM Development LP-Parkview Unit 5 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 STATE OF TEXAS COUNTY OF NUECES 4 WE. MPM DEVELOPMENT, LP. HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LINO EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PUT, SUBJECT TO A LIEN IN FAVOR OF FLAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED. STREETS ARE HEREBY DEDICATED IN FEE SIMPLE TO THE PUBLIC USE FOREVER AND EASEMENTS ARE HEREBY DEDICATED TO 044E PUBLIC USE. FOREVER, AND THAT THIS PIAT WAS RUDE FOR 104E PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE ______ DAY OF 20 STATE OF TEXAS COUNTY OF NUECES 4 WE. (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A 4EN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDN1040N AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: MOSSO MOSTAGHUSL GENERAL PARTNER STATE OF TEXAS COUNTY OF NUECES STATE OF TEXAS 5 THIS 1NSTRU5ENT WAS ACKNOWLEDGED BEFORE ME BY (NAME)._ COUNTY OF NUECES 4 (111EE) OF THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY 40554 MOSTAGIUSI. THIS THE DAY OF 20.......— pas THE _ DAY OF 20__. NOTARY PUBLIC, 1N AND FOR THE STATE OF TEXAS STATE OF TEAS COUNTY OF NUECES $ 1. NIXON M. WELSH. REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS k WELSH ENGINEERING. HEREBY CERTIFY THAT THE FOREGOING PUT 940.3 PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, 15 TRUE AND CORRECT ANO THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION 11APROVEMENI5 WITHOUT DELAY. THIS THE DAY OF 20 NIXON M. WELSH, R. P. L. S. NOTES. I. THE BA515 OF BFARINOS 5 THE STATE OF TEXAS 4.4401RT GRID, SOUTH SONE, RAD 1963. 2. FEMA INFORWTKJN AS SHOWN OR NO1EO HEREON 5 FROM FEMA AAP. COMMUNITY PANEL 485484 0315 D. REVISED AUGUST 3, 1989. ALL OF THE SUBJECT SITE IS PI FEMA ZONE 'B'. 3. THE SUBJECT SITE CONTNNS 10.051 ACRES INCLUDING STREET OEOICATONS. 4. 1HF. REOE0116 WATER FOR THE 5TORHA WATER RUNOFF FROM THIS PROPERTY 5 THE 050 BAY. THE TCE0 HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE 050 BAY A5 "EXCEPTIONAL' AND 'OYSTER WATERS'. TCE0 ALSO CATEGORIZED THE RECO5NG WATER A5 'CONTACT RECREATION' 115.. 5. PRIVATE ORNEWAY ACCESS FOR LOT 70, BLOCK 5. LOTS 8 h 9, BLOCK 6 ARO LOT 5, BLOCK T ALONG NORTH 050 PARKWAY SHALL BE PROHIBITED. 6. THE YARD RF.OUIREMENT. AS DEPICTED. IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE ANO 15 SUBJECT TO CHANGE A5 THE ZONING MAY CHANCE. 0. THE TOTAL PUTTED AREA OF THE PLAT 75 10.051 ACRES INCLUDING STREET DEDICATIONS 0 500' 1000' 2000' I SCALE, 1'= 1000' LOCATION MAP 1000' <APPROX.1 PLAT OF PARKVIEW UNIT 5 11,\, PIJIDG30o WED FEB 2 2016 PLANNING COMMISSION AN 10.051 ACRE TRACT OF LAND, MDR. UR LESS, A PORTION OF LOTS 2, 3 AND 4, SECTION 32, FLOUR BLUFF AND ENGIN& FARM AND GARDEN TRACTS, A MAP OF wHI4CH 5 RECORDED IN v. TAT, P. 41 - 43, MAP RECORDS. NUECES COUNTY. TX CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS 8. WELSH ENGINEERING FIRM NO, F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 CDNP. NDS PLAT-5MT1 .O9 ND, 15052 SCALE i• 50' PLAT SCALE. SAME SHEET I OF 2 NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OE TEXAS 6 COUNTY OF NUECES 0 THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS COUNTY OF NUECES a RATNA POTTUMUTHU, P.E., LEED, AP DEVELOPMENT SERVICES ENGINEER DATE THE RAWL PLAT OE THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CRY OF CORPUS CHRISTI, TEXAS BY THE PLANNING 004415510N. THIS THE DAY OF CHAIRMAN INTERIM SECRETARY PHIUP J. RAMIREZ, A.I.A., 1E10 AP DANIEL 4PGINN, STATE OF TEXAS 0 COUNTY OF NUECES ¢ I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SND COUNTY, 00 HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE _ DAY OF 20_ WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20._ AT O'CLOCK „M., ANO DULY RECOR0E0 THE DAY OF 20 AT O'CLOCK „M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WITNE55 FAY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY. TEXAS, 104E DAY AND YEAR LAST WRITTEN. BY: JAN 1 2 2016 KARA SANDS. CLERK COUNTY COURT NUECES COUNTY. TEXAS Exhibit 1 Page 1 of 2 CURVE DATA: 0 6.64000' • ® 6.0600,00.2 0 5-560.00'2• ® 9-20.00ar ��� 0.9.78' 0.8.92' 0.20.00' T.10.20 1.19.55' 1,17.84' L.31.42' 1.20.41' 08.51605'25-E CB.St607'42E 08.523'58.361* C8.615'08'231901.19.55' CH.17.84' 04.28.28' CH.20.41' R.100.00�• 6.4S1�06' © 6.1`50.00'6• ®R 20.00'• 7.42.11' 0.52.63' 4.63.16' 0.20.00' 1.79.71' 1.99.53' 1.119.56' L.31.42' C8.584'11'21»E 06.964.11'21'E CB.N84'11'21.5 08.582'01'24^* 04.77.61' CH.97.02' 01.116.42' 014.26.28' ® 6.800.00'1 • ®0-25R.560.00'2• ®q.1a000'00» © 6.20.00 ° T.137.19' 7.128.05' T-20.00 T.20.00 1.269.74' 1=251.76' 1.31.42' 1.31.42' 044704.08145E 08.4041004516 08-N53'43'53E C8.63616'07'9 04.267.48' 01.249.65' CH.28.28' 01.28.28' ® R.106.00'9- 6,2:1,0.,,,,,,s- 25.00 9.1'9 0 8 .15 0,00'9- pR 35.00'35' 0.17.55' 1-21.94' 7.26.23' 0.13.23' 1.34.76' 1.43.44' 1.52.13' 1.25.30' 08.671.18.421E C8.671.18'42E 08.671.16'4216 C1344152'03'351* 014.34.58' 04.43.23' CH.51.87' 011.24.75' ® 6.45.00' 09- ®R 35.110'- O 6_.1100.09°0.0- 9 0 0.2640001• 0.717.16' 1.13.23' 1.10.00' 1.146.34' 1.135.73' 1.25.30 1.15.71' 1.287.73' 011.51821'1506 08.54620'5919 08-91021'18'E 0E1.504108'45'E CH.89.82' 06.24.75' 08.14.14' 08.285.31' 561'21'18"E 170.00'� 55 In PARI0.4E0 U911 4. V. XX, P. XX. Y.R. N28'38'42"E 118.00'-\ '111 J' 561'21' 18'E 103.58'-1 5' UE PARINIEW UNIT 4. V. 05, P. XX, Y.R. W r CV - O1 25' YI TO ODM z HAWK WALK ST. -TEE N6 '21'18"40 185.00' 2 510E R5' YR 5'UE R 62171/0. -51 -VE 8686 SF PARKVIEW UNIT 4, .\R 6,' Y. 08, P. 11X, Y.R. •,..1 \T1' 4O VOL AFD 5/81.6. 0, PLAT OF PARKVIEW UNIT 5 (CONTINUED) CORPUS CHRISTI, NUECES COUNTY, TEXAS 081.21'10E 162.09' HAWK WALK ST. N612221'1616 162..09' 561'21161 162.00 64.00- 0 5F 64.00' L 6 -UE __ .� _ L \ 65,00'1 5 UE 60.00' v I 128001 1 R I I p5 1 t'8 1 : I y 56 rc ' I I Ie 7341 SF > `1 n > 18 \\\ r 1581.21'161 120.00' _ L -I Ip R 51 7941 SF 11 0.510E 46 c l IN S1 I _ I ;I. 1- 20 YR \\ _ _- Ia ii 7911 sr 7. ® 'I'l T L 55.00• .oD' ig er g 3 0 q4 CI;n nr w CV 50 0 �, z I -t 17 7350 SF L__5 N f L_ [SUE H51.21'1819 1 II 100.45' 1 A 60.00 16 7350 SF 60.00' WEE 0UE 64.00' 15 7840 5F 25YR 64.00' 6 EE 8 84.00' 25' 1R 5 7640 5F 5S 5 510E f4 \ s ® s � 1'66 rey 1 \ BASS & WELSH ENGINEERING FIRM NO, r-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 ED 5/61.6. 0 05' 50' 100' SCALE, 1'= 50' NPPL3CO MIS FEB 2 4 2016 PLANNING COMMISSION CITY PARK. DOC. N0. 2009047255, O.R.. P06004 1.075 3, 4, 11, 12, 17 6 18, SECT 32. F8 h Ef 14 7840 SF 64.00' 13 7840 SF N61'21'18'91 596.02' SAGUARO PARK DR. - 561 1'La_6ST,0T _ 461.21.1918 580.10' - --88.00 - 11 7840 Sr 64.00_ T,\11, 561'I6'07=8 10.82' i ®\\ ® 140175 . -- O �fD 5/8'4.6. iW\ 1„ `•,8 ,0883 SF .------- '� 1=-13----- -- -r----- II 1S .- 14] a\ ® \ .A. .µ-,.,Y------- ,o,b � ,� 1�---------- 95' V /'�T.44' ' 105 /-- ----- - 00 _ 623, � ---�- -s-.-=-=-......-,,..-.=-,..............-......_.....-...........- >t.13' 65.00' - __ 61 R - 65'.91' 65500' 65.00• 5 EE - 62 41 7983 SF 37509. 27.91 65.00' 86.00 65.00 L- 65.00' 115.0r-,` 251'50 - M15.00' 3'EE L 3x.82" 2632' __ SF m^ 60.__---0._ -- -----�- - 65.00 - i* Ti gg 05.98' �,{f,Tg -"��----- - r n 63 ^ 7972 SF gi 85.00• -�--- '------ 4 B4 4 ]982 SF n 65.00 --�'----- a 7993 Sr - 65.00• 16 60-^-`8058 ° 6003 SF DE 65.00' ----__-4014 _- 67 - 0. SF---_ 85.00 f }7' b 8025-9? ---_ ----- -� _3_v.�-= --_-- __z= -__ _ ------ - FPRAGE_RQri_-_ --- - t 471 .s7 56rz1.161 321.- ----------------------------- - 3�._T7 25' DRAINAeE ROW ___________________________-__ 97.67' N61'21'18 321.14' N61'12'43"W 641.95' SET 5/51.6. 1 100 2 SECT 3x I LOT S. SECT 32 - - -_ LAT 13. SECT 32 I Loi 12. SECT 12 CL 100' DRAINAGE ROW, V. 1922, P. 604. D.R. a\ogos JAN 18 2016 578'30'26"W 41.23' \ DATE PLOTTED. 1/6/16 COM, N0, PLAT-SH2.060 JOB 40, 15052 SCALE. 1• . 50' PLOT 004LE. SAME SHEET 2 OF 2 Exhibit 1 Page 2 of 2 PO \j\E\t'l \ 114 s \ 11 \ \\ \\\\ s \\\ \ "` 0 0 \\\ •�. 5 "` N \ \\\ \\\\\\ \ 30040gj2S„i ��\ � � ,� �, s ora //\\ \ 4, 6 & F2 .R C7 04) No \-\0`. ......11:w ` M,QcT �7Bs � T \ o \ 489, q. 4b s \ \\\ \\\ 8 \ \\\ \ \\\ \ \\1\\�' I it 0 50' 100' 200' 11\o s 111 11111 1 SCALES 1"= 100' Ln z 1I23 III 0 111f<1 J it IIII r, LU 5 9 I iii EXHIBIT SHOWING IIII I NORTH OSO PARKWAY IMPROVEMENTS iii AS 40' BB AT PARKVIEW UNIT 5 III -100. lil ��/�lI I I I CITY PARTICIPATION a S4 70 PARK \\ \\11 r 1 I� e,,�..t mi 7o IIII IT qy C 6 . tee '1110' .8 ° <oAg7 Ii. t'`�I *P 8 T II.. AN jo 4 NIXON M.WELSH C4 IIII •. • 40 iel :449�' goo' IIII I ,e.te EREc,•.44—'t 92. ARq ti I II I I nt/OMI�t� �� �,� 605t`'qF IIII `�►TSAI ����UL Y . 0 W IIII I 3/24/16 l 44164,740,If BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX /IIISURVEY REG. NO. 100027-00, TX I ENGINEERING REG. NO. F-52, FILE: oso II1 I EXB-STR 40'88, JOB NO. 15052 1/ SCALE: 1" = 100' Fh u U I ' PLOT SCALE: SAME, PLOT DATE: Exhibit 2 3/28/16,p1i6g 11 8r 5' NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521- FAX 361 882-1265 Email: NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 PARKVIEW UNIT 5 N. OSO PARKWAY IMPROVEMENTS,40'BB 03/28/16 STREET&SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 4"HMAC 3818 SY 34.00 129,812.00 2. 11"CRUSHED LIMESTONE BASE TO 2'BC 4670 SY 24.00 112,080.00 3. 8"LIME STABILIZED SUBGRADE TO 2'BC 4670 SY 8.00 37,360.00 4. 4"CONCRETE WALK 11768 SF 4.00 47,072.00 5. 6"CURB&GUTTER 1906 LF 14.00 26,684.00 6. CLEARING&GRUBBING 1 LS 4,000.00 4,000.00 7. EXCAVATION 1 LS 30,000.00 30,000.00 $387,008.00 15%ENGINEERING,SURVEYING&CONTINGINCIES 58,051.20 TOTAL $445,059.20 PCE-STR 40'BB Exhibit 2 Page 2 of 5 2s. CL N. OS PARKWAY °Rq�ti�4� ����� 80'Raw F N Rpw tagiaglierarrilintargirea a U111-3- -- SUP cc' -- A'"? P43,-114/,;)&14k 4 .p PROP 52.5 LF 12" WIDE R/C GRADE BEAM o°: wN N,qG p. SUPPORTING 7 1/2" X 1'-1" R/C PEDESTRIAN cJ, F 3 RAIL SUPPORT BEAM WITH PEDESTRIAN RAIL .4.404_44, ,s, Pc% " ATOP (BOTH SIDES OF STREET) -4I cf °'`��n Sie,.._ I W ' "ROPOSED 4' WIDE R/C cy(404,0 ss, � SPLASH PAD 4" THICK nA) C(44 - -------- 1:11"1°6 �- C� 11❑W 4 Ali DRAINAGE p'aI I.' 1' WIDE X 1' HIGH R C HEADWALL PROTRUDINGABOVE MBC R/C MBC, DOUBLE 10' X 5', 71 LF 2s, OVERALL (ANGLED) LENGTH ALONG CL 4,0 ii, V U °3 U 4. .D Y ce • 3 Q U a m >- I 1 III U I I Ill II 14 � '1 I I 1 0 15' 30' 60' I ' I CITY PARTICIPATION SCALE: 1"= 30' PARKVIEW UNIT 5 PLAN — STREET/BOX CULVERT AT DRAINAGE CHANNEL 1'=30' .s` tOF TFC i*: *IN or*, * fit /r MIXON M. WELSH "f BASS AND WELSH ENGINEERING 'O': 36240 -,,,a CORPUS CHRISTI, TX l'*fCtSTE!�t` N+ SURVEY REG. NO. 100027-00, ViliCt‘r.iliPtipi TX ENGINEERING REG. NO. F-52, `..�. FILE: EXB—BRIDGE, JOB NO. 03/24/16 15052 SCALE: 1 " = 30' t'44/4 PLOT SCALE: SAME, PLOT DATE: 3/24/16, SHEET 1 OF 1 Exhibit 2 Page 3 of 5 • • NIXON M. WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521--FAX 361 882-1265 Email: NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 PARKVIEW UNIT 5 BRIDGE COST ESTIMATE 03/24/16 BRIDGE(BOX CULVERT)ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. DOUBLE 10'X5'BOX CULVERT 71 LF 4,706.00 334,126.00 2. WING WALLS/FOOTINGS 4 EA 4,007.50 16,030.00 3. R/C GRADE BEAM 104 LF 84.00 8,736.00 4. PEDESTRIAN RAIL SUPPORT BEAM W/PEDESTRIAN RAIL 104 LF 55.00 5,720.00 5. R/C HEADWALLS/TOEWALLS 44 LF 12.00 528.00 6. R/C SPLASH PADS 110 SF 6.00 660.00 7. 6"THICK CRUSHED STONE BEDDING 71 LF 60.00 4,260.00 8. DC WATERING 71 LF 50.00 3,550.00 9. EXCAVATION FOR BOX CULVERT 71 LF 90.00 6,390.00 TOTAL BRIDGE ITEMS $380,000.00 15%ENGINEERING,SURVEYING&CONTINGINCIES 57.000.00 TOTAL $437,000.00 PCE-BRIDGE Exhibit 2 Page 4 of 5 • • 80' STREET ROW 14.5' 40' BB STREET 25.5' 4" TYPE "D" HMAC 9' 8.5' 20' 20' 1.0' CL STREET 1% 5" CROWN f 1% PROP. 4' WIDE g j R/C WALK PROP. WIDE R/C WALK 6" CITY STD. R/C CURB AND GUTTER 11" CRUSHED LIMESTONE BASE TO 2' BC 8" LIME STABILIZED SUBGRADE TO 2' BC TYPICAL STREET SECTION - N. OSO PKWY, 40' BB NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-XSEC 48' BB, JOB NO. 15052, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: Exhibit 2 3/24/1.6 SHEET of g 1 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521-FAX 361 882-1265 Email: NixMW@aol.com TX Registration No.F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 PARKVIEW UNIT 5 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY,TX 09/04/15 STREET&SURFACE ITEMS AND BRIDGE(BOX CULVERT)AT PARK, GENERALLY E.OF CL OF N.OSO PKWY., REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4"HMAC 1909 SY 34.00 64,906.00 2. 11"CRUSHED LIMESTONE BASE TO 2'BC 2335 SY 24.00 56,040.00 3. 8"LIME STABILIZED SUBGRADE TO 2'BC 2335 SY 8.00 18,680.00 4. 4"CONCRETE WALK 7845 SF 4.00 31,380.00 5. 6"CURB&GUTTER 958 LF 14.00 13,412.00 6. CLEARING&GRUBBING 1 LS 2,000.00 2,000.00 7. EXCAVATION 1 LS 15,000.00 15,000.00 8. 50% DOUBLE 10'X5' BOX CULVERT WITH 40° BEND&WING WALLS 1 LS 190,000.00 190,000.00 TOTAL $391,418.00 STREET&SURFACE ITEMS W.OF CL OF N.OSO PKWY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4"HMAC 1894 SY 34.00 64,396.00 2. 2"HMAC 3328 SY 17.50 58,240.00 3. 11"CRUSHED LIMESTONE BASE TO 2'BC 2313 SY 24.00 55,512.00 4. 8"CRUSHED LIMESTONE BASE TO 2'BC 4388 SY 17.50 76,790.00 5. 8"LIME STABILIZED SUBGRADE TO 2'BC 6701 SY 8.00 53,608.00 6. 4"CONCRETE WALK 12815 SF 4.00 51,260.00 7. 6"CURB&GUTTER 3187 LF 14.00 44,618.00 8. EXCAVATION 1 LS 50,000.00 50,000.00 9. CLEARING&GRUBBING 1 LS 5,000.00 5,000.00 10. STREET SIGN 3 EA 250.00 750.00 TOTAL $460,174.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15"RCP 56 LF 37.00 2,072.00 2. 18"RCP 613 LF 44.00 26,972.00 3. 18"HDPP 32 LF 44.00 1,408.00 4. 21"RCP 120 LF 51.00 6,120.00 6. 24"HDPP 191 LF 51.00 9,741.00 8. 30"HDPP 429 LF 58.00 24,882.00 9. 36"HDPP 139 LF 62.00 8,618.00 10. 50%DOUBLE 10'X5' BOX CULVERT WITH 40° BEND&WING WALLS 1 LS 190,000.00 190,000.00 11. 5'INLET 8 EA 3,200.00 25,600.00 12. MANHOLE 1 EA 3,500.00 3,500.00 TOTAL $298,913.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8"PVC PIPE 951 LF 90.00 85,590.00 2. FIBERGLASS MANHOLE 4 EA 3,900.00_ 15,600.00 3. 4"OR 6"PVC SS SERVICE 33 EA 480.00 15,840.00 TOTAL $117,030.00 Exhibit 3 Page 1 of 3 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521-FAX 361 882-1265 Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12"PVC PIPE 922 LF 60.00 55,320.00 2. 18"STEEL CASING PIPE BORED IN PLACE 90 LF 300.00 27,000.00 3. 12"EL,ANY ANGLE 4 EA 750.00 3,000.00 4. 12"TEE 3 EA 850.00 2,550.00 5. 12"GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. FIRE HYDRANT ASSEMBLY 1 EA 4,000.00 4,000.00 7. 6"90° EL 1 EA 300.00 300.00 8. 6"GATE VALVE WITH BOX 1 EA 950.00 950.00 9. 6"DIA X 30"PVC PIPE NIPPLE 3 EA 250.00 750.00 TOTAL $100,270.00 NON-GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6"PVC PIPE 983 LF 32.00 31,456.00 2. 6"EL,ANY ANGLE 5 EA 300.00 1,500.00 3. 6"TEE 2 EA 300.00 600.00 4. 6"GATE VALVE WITH BOX 5 EA 950.00 4,750.00 5. FIRE HYDRANT ASSEMBLY 2 EA 4,000.00 8,000.00 6. 6"DIA X 30"PVC PIPE NIPPLE 6 EA 250.00 1,500.00 7. WATER SERVICE, DOUBLE 14 EA 600.00 8,400.00 8. WATER SERIVICE, SINGLE 5 EA 500.00 2,500.00 TOTAL $58,706.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 8,000.00 8,000.00 2. TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM PIPES OF ALL SIZES) 3356 LF 3.00 10,068.00 3. 4"PVC CONDUIT FOR AEP 200 LF 25.00 5,000.00 TOTAL $23,068.00 TOTAL CONSTRUCTION $1,449,579.00 Exhibit 3 Page 2 of 3 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521-- FAX 361 882-1265 Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 PARKVIEW UNIT 5 STREET&BRIDGE REIMBURSEMENT ESTIMATE 03/28/16 A.STREET&SURFACE ITEMS AT PARK,GENERALLY E.OF CL OF N. QUANTITY UNIT UNIT PRICE AMOUNT OSO PKWY.,REIMBURSEABLE BY CITY 1. 4"HMAC 1909 SY 34.00 64,906.00 2. 11"CRUSHED LIMESTONE BASE TO 2'BC 2335 SY 24.00 56,040.00 3. 8"LIME STABILIZED SUBGRADE TO 2'BC 2335 SY 8.00 18,680.00 4. 4"CONCRETE WALK 7845 SF 4.00 31,380.00 5. 6"CURB&GUTTER 958 LF 14.00 13,412.00 6. CLEARING&GRUBBING 1 LS 2,000.00 2,000.00 7. EXCAVATION 1 LS 15,000.00 15,000.00 TOTAL STREET&SURFACE ITEMS $201,418.00 B.OVERWIDTH OF N.OSO PKWY.28'BB TO 40'BB&OVERDEPTH, QUANTITY UNIT UNIT PRICE AMOUNT WEST OF CL OF N.OSO PKWY. 1. OVERDEPTH 2"HMAC TO 4"HMAC 628 SY 17.50 10,990.00 2. OVERDEPTH 8"CRUSHED LIMESTONE BASE TO 11" 628 SY 17.50 10,990.00 3. OVERWIDTH 4"HMAC 628 SY 34.00 21,352.00 4. OVERWIDTH 11"CRUSHED LIMESTONE BASE 628 SY 24.00 15,072.00 TOTAL OVERWIDTH&OVERDEPTH $58,404.00 C.BRIDGE(BOX CULVERT)ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. DOUBLE 10'X5'BOX CULVERT 71 LF 4,706.00 334,126.00 2. WING WALLS/FOOTINGS 4 EA 4,007.50 16,030.00 3. R/C GRADE BEAM 104 LF 84.00 8,736.00 4. PEDESTRIAN RAIL SUPPORT BEAM W/PEDESTRIAN RAIL 104 LF 55.00 5,720.00 5. R/C HEADWALLS/TOEWALLS 44 LF 12.00 528.00 6. R/C SPLASH PADS 110 SF 6.00 660.00 7. 6"THICK CRUSHED STONE BEDDING 71 LF 60.00 4,260.00 8. DC WATERING 71 LF 50.00 3,550.00 9. EXCAVATION FOR BOX CULVERT 71 LF 90.00 6,390.00 SUBTOTAL BRIDGE ITEMS $380,000.00 50%CITY'S PORTION $190,000.00 SUMMARY A.STREET&SURFACE ITEMS $201,418.00 B.OVERWIDTH&OVERDEPTH ITEMS 58,404.00 C.BRIDGE ITEMS 190.000.00 SUBTOTAL $449,822.00 11%ENGINEERING,SURVEYING&TESTING 49.480.42 TOTAL CITY REIMBURSEMENT $499,302.42 PCE-STR&BRIDGE Exhibit 3 Page 3 of 3 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 I. 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. Exhibit 4 Page 1 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. Exhibit 4 Page 2 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. Exhibit 4 Page 3 of 3 City of Corpus eTexas Department of Development Services City of P.O Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 Corpus Located at 2406 Leopard Street =Christi ti (Corner of Leopard St.and Port Ave.) `�/ n O DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM Development. LP STREET: PC) Rnx 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ❑Corporation ' Partnership El 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) 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 N/A N/A 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. Certifying Person: Moses Mostaghasi Title: Director (Print) Signature of Certifying Person: �'� Date: 1-4-16 K.\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE 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. K.\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEIvENT1.27.12.DOC Exhibit 5 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I. Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-9191 MPM Development, LP Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/04/2016 being filed. City of Corpus Christi Development Services Date Ack wtedged /(1) 1O I l) ' 2 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. Parkview Unit 5 Street Participation Agreement 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary t � 5 Check only if there Is NO Interested Party. 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. F�y CINDY BUENO fE3#117E1588-3iC Notary PubutaliC V �•,+" STATE OF TEXAS '"r My Comm. Ezp. 1?=04.21119 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE ►� t ►, tp l Sworntoand subscribed before me,by the said t. a?k'4 Y(aSt ,this the— 4- ..day of-11-i'C' tt,�,` • 20 LU.__.,to certify which,witness my hand and seal of office. v p� l Signatt?�e of officer administering oath Printed n�me at officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 . � • . .^ .' . Doct 2011602.0668 Pages 24 05/20/2016 3:57PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $107.00 Any nrovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Racer Color, Reliyion, 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 senuence on the date and at the time stnmned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS "L' et7,7N) 1,,Nr 4.•0 ' � @ &^ L�um����(� [v\ . K W�'gfu�(� ' '~ � • ~~ --- ' ' - , ~-�'°w /"`-' /. � F7oO0� ^�^'"` °`� U J r V of Corpus 'H 'st] De rei vment Services/ �� p66^" "��w `/p, v/ccf; 2406 LeopardSuite •.C.)