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HomeMy WebLinkAboutC2016-363 - 5/17/2016 - 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 Esteban R. Alaniz, ("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 9.970 acres of land out of Lot 29, Section 49, 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 Homedale Addition Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Homedale Drive for a distance of approximately 272 feet to connect with a Retta Drive 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 2016-363 ject to the limitations set forth below, the Owner shall pay a portion 5/17/16 Res. 030841 INDEXED Esteban R. Alaniz • • 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 $38,614.71. 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 Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 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 HOMEDALE ADDITION UNIT 4 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. Esteban R. Alaniz-Homedale Addition Unit 4 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 Esteban R. Alaniz-Homedale Addition Unit 4 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 Esteban R. Alaniz Attn: Director, Development Services P.O. Box 639 2406 Leopard Street/78401 Corpus Christi, Texas 78072 P.O. Box 9277/78469-9277 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 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 May 17, 2018. (EXECUTION PAGES FOLLOWS) Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this r day of 1/17ta-"C. , 2016. ATTEST: CITY OF CORPUS CHRISTI A Qifruj Reix.,,,..-/--i,,,,L 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 Secretary, for the City of Corpus Christi, Texas, and,acknowl_dged before : on the 19 ' -'day of 14 £LV ^ , 2016. A0, &._i __ tAadA...,_ •_, , 1„,...4.....s.es._ ...._ ...____ 'A` 4N.0",..16.—.0 Nota ry Publ , State Of Texa , < 2. aY MONIQUE TAMEZ LERMA > < 1 7 Notary Public P% STATE OF TEXAS > < ' < "S�gTfOFTE.-,-;. My Comm. Exp. 01-23-2017 > THE STATE OF TEXAS § v " v § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Serves' Director, for the City f Corpus Christi, Texas, and acknowledged before me on the 1 1 1'Jday of AA C A 20161 . ', ` 7,--e-Z.:-. AIsAAAA A,�_ /,�L� _ _ !, MONIQUE TAMEZ LERMA .,,-- Not. Publ.!, State Of Texa f? e'er :1Notary Public ry • `% '- STATE OF TEXAS '"a•.;•••...•.-:*... My Comm. Exp. 01-23-2017 •�'•..,TFOF�, v v v v v v v v - v v v i Z e6) At ril APPROVED AS TO FORM: This l day of , 2016. se,Li 1 As' istant CityAttorneyzili 9- -Jr 1"`1 - �' -�.-,..7 +h rw«e. For the City Attorney gY COUNCIL 51.12 , 91 SECRETAR • • Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: Esteban R. Alaniz a5- i3, 0 ori Esteban R. Alaniz Date Individual KENSmssi nExpi My Commission Expires STATE OF TEXAS ,^I October 15,2017 COUNTY OF NUECES § This instrument was acknowledged before me on / /0d. �-'��D , 2016, by Esteban R. Alaniz. ALe ,d 5697 ' - Nota ryPublic's Signature Esteban R. Alaniz-Homedale Addition Unit 4 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 LorA PUT OF HOMEDALE ADDITION UNIT 4 i P L'G3 D© \ 6�«« = g FFR OFBEING A LOT 29970 SECTION ACRES OF LAND(CALLED FLOUR BLUFF&9.960 ENCINILRES)FARM dT 1 (7 2014 .'J KB i 3 L ROSSO GARDEN TRACTS,IN NUECES COUNTY,TEXAS ACCORDING TO •. THE LAP OR PUT RECORDED IN VOLUME A,PAGE 41-43, PLANNING GUAIAC' 1*1104 1 MAP RECORDS OF NUECES COUNTY,TEXAS.AS DESCRIBED IN ON 9RANO 0TH 51 DEED/2001025275 DEED RECORDS ONUECESECES COUNTY,TEAM I CONTAINING 9..9]0 ACRES OF LANDWE . / wWE I [E'D ElEl 0 \STATE OF TEXAS J - COUNTY OF NUECES f :0*NIN^u CQ1,' &FOM ESTEBAN R.MANIZ HEREBY CERTIFY THAT I AM THE OWNER OF THE PROPERTY ST BMARB I I SHOWN HEREON,WITH A LIEN IN FAVOR OF GREATER STATE BANK,MID THAT WE HAVE HAD SAID LAND SURVEYED AS SHOWN HEREON FOR THE PURPOSES OF DESCRIPTION AND DEDICATION.ALL UTILITY EASEMENTS AND RIGHT-OF-WAY ARE DEDICATED TO THE s � PUBLIC USE FOR THE OPERATION&MAINTENANCE OF PUBLIC STREETS AND UTILITIES. � y7/�D THIS THE OAY_OF .2015 LOCATION ION MA!p A SCALE:1'4500' STATE OF TEXAS A COUNTY Of HIDALGO I ESTEBAN R.ALANIZ I,WIN CORONAS.PRESIDENT/CEO OF GREATER STATE BANK,HEREBY CERTIFY THAT GREATER STATE RANK IS THE HOLDER OF A LIEN ON THE PROPERTY SHOWN HEREON AND THAT GREATER STATE BANK APPROVES SAID SUBDMSION FOR THE PURPOSE STATED HEREON. THIS THE_DAY OF .2015 STATE OF TEXAS 5 ALSTATE OF TEXASI dJ COUNTY OF NUECES I COUNTY OF NUECES F THE FINAL PUT OF THE HERON DESCRIBED PROPERTY WAS APPROVED BY THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY LUIS CORONAS THE PLANNING COMMISSION OF THE CRY OF CORPUS CHRISTI,TEXAS.THIS ESTEBAN R.ALMIZ PRESIDENT/CEO OF GREATER STATE BANK THE DAY_OF 2015. R TEAS THE WY OF_ 2015 STATE OF TEXAS I PHILIP J.RAMIREZ AIA,LIED AP DANIEL M.GRIMSRO,P.E ALI.C.P.. COUNTY OF HIDALGO S CHAIRMAN SECRETARY > THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY , NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THIS THE_DAY OF .2015 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF TEXAS S COUNTY OF NUECES I THE FINAL PUT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI,TEXAS,THIS THE DAY OF 2015 NOTES TEMPLE T. ASON,P.E. 1. ORD YARD REQUIREMENT,AS DEPICTED,IS A REQUIREMENT OF THE ZONING DEVELOPMENT NT SESERWCES ENGINEER ORDINANCE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. n 2. THE BASIS OF BEARING IS THE STATE OF TAUS,LAMBERT GRID.SOUTH ZONE, COUNT YOFTNUECES NAD 1983. STATE OF TEXAS I I.MURRAY BASS,JR.,REGISTERED PROFESSIONAL LAND SURVEYOR,HEREBY CERTIFY THAT THE COUNTY OF NUECES 11 n 3. THE SUBJECT PROPERTY UES IN ZONE C AS SHOWN BY THE FEDERAL FOREGOING PUT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION 9 EMERGENCY MANAGEMENT AGENCY(FEW)MAP N.485464 0318 C BATED AND IS TRUE AND CORRECT. THIS THE 19th DAY OF NOVEMBER 2015. I,KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR 5410 JULY 18 1985,AREAS OF LIMITED FLOODING. COUNTY,DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY .H✓*T%'.�A THE_DAY OF ,2015 WITH ITS CERTIFICATE OF IS THE LACUNA ANDRE.THE TCEO HAS CLASSIFIED THE AQUATIC LIFE USE FOR � AUTHENTICATOR,WAS PLED FOR RECORD IN MY OFFICE THE DAY ✓ THE LAGUNA MADRE A5'EXCEPTIONAL'AND'OYSTER WATERS'.TEES ALSO • I 'Y Ws'A., OF .2015 AT O'CLOCK_M.AND DULY RECORDED CATEGORIZED THE LACUNA MADRE AS CONTACT RECREATION' USE. PER THE /•� A ':4 21 TD44ro THE DAY OF .2015 AT_O'CLOCK_.M.IN THE MASTER PIAN FOR STORM DRAINAGE FOR THE AREA WEST OF CLARKWOOD �WMN ..,...„:..3:25. E:.. 4I..O'4 ROAD AND THE FLOUR BLUFF AREA OF THE CORPUS CHRISTI.TEXAS. MU"Y:)C JR. -off U MAP RECORDS OF SMD COUNTY IN VOLUME .PAGE , PUBLISHED IN 19]0 REF STEREO PROFESSIONAL LAND SURVEYOR INSTRUMENT NUMBER . i MANSES▪ 5. 5/8'IRON ROOS AT ALL LOT CORNERS. WITNESS MY HAND AND SEM.OF THE COUNTY COURT IN AND FOR SAID EIT °' 8. THE TOTAL PLATED AREA INCLUDING STREET DEDICATION IS 9.97 ACRES SASS& WELSH ENQENEEFi1NG COUNTY AT OFFICE IN CORPUS CHRISTI,NUECES COUNTY,TEXAS,THE CONSULTING ENGINEERS AND SURVEYORSI'.,--,- - --__-' - DAY AND YEAR LAST WRITTEN. 3054 SOUTH AIAMEDA STREET 78404 • '.. P.O.80X 6397 )8466-639] ' TELEPHONE:(381)882-5521T.". DEPUTY KAVA SANDS FACSIMILE:(361)882-1265COUNTY COURT 3 FIRMR REGISTRATION NEN..F-52(E00(NEERI YING) NUECES COUNTY.TEXAS CORPUS CHRISTI, TEXAS 0, HOMEDALE ADDITION UNIT 4 SHEET 1 0'2 txnibit 1 Page 1 of 2 i I ( ` I I I I I CURVE TABLE I CURVE LENGTH RADIUS DELTA CHORD TANGENT C1 15.71 10.00 0.21 „1 ,q I aI HONEO6VOL 17T NC_.....PG 5 I.> _ 1 HOMEDALE 4 01110N 4 LOT 21 C2 29.96 39.00 46'01'100•N162947'8 10.00 10.00 4 1 ES SUBDM4lSN O 22 7' > ^2 n. ^ 4.R.H,C 64 1 281 ? EDN151pt.2 C4 JS 10 50.00 4013'09•50623.47'M ?6.7+. K� h LVOL 26 PG 56 r t I J J L- 1�- 'a I 22 ,. Vq-36 PG 22 C5 43.40 50.00 4643'57• R634'48"E 23.17 N R N f.T. f0 YR _10 YR "' t0 YR ___. _ _ M.R.N..... C6 36.46 50.00 14'04'13' S6}'28.51'E 20.24 �_ I s _-_ _._____ . ___ I - 10 YR �..L CO 28.8907 39.00 39.00 4T40'32'N8T53b51Y 10.95 70 D.E_ C9 219 39.00 /C 1/!•R,�- 561'29'471 65935' ^ -�.FFlYO ih`R 7 5'f F 3•13'01•N5652'42,6' 1.10 I I HOMEDALE DRIVE 8 15•U.E 189.1 'Y.R._ r CIO 2].7] 38.00 40'48'12'N3T52'42'M 11.51 J_�_T T F-1,.5.1.1.E. _- - Ctl 53.11 50.00 43'39'15• 08058'43•E 23.13 I 1561'29'47'9C12 43.33 50.00.49.39'15. 565'S8'16'E 23.13 10�p.`.>-L-"f.1i-1dQ4i-''.21-yyl, ( /� ---1.19.91-�0�,1._�L---+36.60---•-y�� I I 5430 SF 1 3 11L___ C,3 35.51 50.004041'22• 648'50'54•E 1854 I I I Cl{ 38.{1 50.00 N'Ot'1 i'50629']8'6 20.21 B l r- 1 16 '♦ 1 170140 5248 NO106 360705• 503'32'35'9 1 703 5UB5 32 C15 25.85 38.00 13.47 8088 SF qqQ 8379 Si 8379 SF 139.25' HSI VLY 5t r 115 C16 4.02 J9.00 5'50 '06' 525'37'10^8 2.01 '�i 1' ( Y 1 �vl O! 1 Lt] 15.]1 10.00 9000:08: 51629476 10.00 I 156,'29'17'9 s6,•29•aT �� Rr 3 _ , 2 • I I i I 6j 2 1 C18 15.71 10.00 9000'00• 51629'47'E 10.00 140.11' I. 1 140•o0' 1 140.00• 1 .” I 8397 SF y of 019 15.71 10.00 9000'00'91629'47'9 10.00 "-T I zg. is L Y..R 471- C20 15.71 10.00 9000.00' 573'30.1309 10.00 g 2 O 81211 Si ' 8120 SF �18 56f'29'4)�10'Y.R.L 1 I C21 15.]1 10.00 9000'00• St629'{7'F 10.00 \ 8405 SF NNN �p����. 129.39' L22 15.71 10.00 9000'00' N]J'30'td'E 10.00 F 1 1 1 1 ! 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'i-g. 97311.`0 CCM lrconm MISES Coon..TN. ;.�(y I s I 11 8,20 s 6120 SF 139.62• o.P.RNc.T. aE1X.vL wax eEmem rUECFs mum.'Ex's o ib�I 8394 SF 1 • N 1 • 4' 'I' 22 3I 1, 4 ¶40.00' 140.00' h o 8077 5F " -P P RIOD W I -' R O139.er (�` I yulm I a�.1 � I I `! 16 O L 814 g Ir 1 I 81�SF 812 SF > l l 139.72ii ' O 1 .-..-..._.. 1 DEC 1 1 IA ,4 Eb 6390 SF 14.4. 4 1 • Ki,61 - �g }I. 0 IA ¢I V' 21 $ • J, 1 140'00' 1/0.00' ,Zp ^z 8 SF 1 15 PLANNING C^MMISS!ON 139151' p 7 10 77 2� --- S 7 I 8120 Si N/ 8120 SF 1 I 139.81' r' \ _ �_ ' g 8397 SF I 961'28'4717 581'29•{7•E 14 I 20 ? 14 \.l I 'r-� „0.00• ,10.00' I 6088 5F 'r- J s ,39.75' + I 6 9 $ 116 C2 8379 SF 8I 8379 SF '�' I 615 136.70` 73 azo _., _ e691 SF / / 1 ---�. --10- - - gin..---- :14\ 7270 SF t,..4.40 - 08 I 156729'47174290.00' _� , t Pu SIn�^ Ii 861'29'4711 I.. $ _ 15692977'9 I J 6 ', 114.66 1 8 - _g - LV 9h71 M LT99C `6 I I 115.00 12 1 `11 •114 \ 09 •➢' 981'29.471/ 206.31' 1, 913 1 >H? \ \ .-68-5.92' 4-F�9.67=9.54£59---0b942-04.- 2r t8 12 9 `�• 1 I Clete at ___-___.�., 10376 SF 1\ _ 25'Y.R.i I '.C. - 91 10833 SF M 2 / 1 ....9129 t12 4 4 _ 61 •" '4 r, O 446063 SF o 13 1 Si -71. 15 0 8053 SF n 1J Ip10 n 11 8083 SF'' 8053 Sf n i�j 1' ,..Z 3 ' S 10364 SF g 8053 R a toe32 SF .• as 1 a I 1'' E.V 4L P 41 ;Fro}3/6"8 1154 1 11 n I MO 3/8.0 N.R.N.C.T. ,E.4a 33.68 118.15 52.81' 52.67' 4 5252' 52.38• --59.315' 10'U.E. 165.54• 677 A n - -- I] I 561'26"44.9 198.35• •••"""lll .»+c 1 F-_2�9z « 1 R6-01YT011r--46174'" GRn PHIC MALE Imp z<'. 2V TRACT 3 zc !.4.{ ''99 0 NA 1X1015 208010 06 ANNEX I� SU9CMS10N WALDRON S a 1 0 (pI�I LOT 6 BLOCK ,�, VOL 67 PG 271 .1 ANNEX S I I t ..n 7 5p k ..A':HOME'S ,t10D„IV`SiON q~1 M.R..N C.' 1 VOL 4..PG 1 S5 I l VOL 35 Pt: I I HOMEDALE ADDITION UNIT. SHEET 2 CF 2 Exhibit 1 Page 2 of 2 c 1 KAY HOMES SUBDIVISION 014 VOL 28 PG 56 WHOLE STREET WW 1 M R.N.C.T. 15213' _ -I\\,-—-i I—L------4 4' SIQCYOALM 0 0 HOMEDALE DIVE - m - - r ,, __ 'k' (--- L__-- 4' SIDEWALK 0 EXHIBIT SHOWING CITY PARTICIPATION IN CONSTRUCTION OF HOMEDALE DR. EXTENSION INDICATES AREA OF CITY PARTICIPATION ��pt�--��.TF}`��� i , 9 1 Prepared by: 1 MURRAY BASS, IR. Boss & Welsh Engineering 0 'a s , 3054 So. Alameda Si �p�y 26677 o f 1,' Job No: 13076 Corpus Christi, Tx. 78404 cV I A.;o,5 T f p',r �, Scale: 1"..30' (361) 882-5521 (phone) r �,I S�"�''� �` Date.` 1-25-16 (361) 882-1265 (fax) r• NAL j;�' /� Drawing No: 146—LAYOUT Engineering Firm No. 52 �i� Plotscae: 1:1 Sheet 1 of 1 Surveying Firm No. 100027-00 Exhibit 2 1 • • Murray Bass,Jr., P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: Murrayjr@aol.com TX Registration No. F-52 361 882-5521"'FAX 361882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 HOMEDALE ADDITION UNIT 4 01/13/2016 Street and Surface Items 1.2"HMAC TxDOT ITEM 340,TYPE D(1993) 5685 SY $19.35 SY $110,004.75 2.8"CEMENT STABILIZED SAND 5684 SY $14.28 SY $81,167.52 3.6"X 2'CONCRETE CURB &GUTTER 3795 LF $14.00 LF $53,130.00 4.3'CONCRETE VALLEY GUTTER 284 SF $6.50 SF $1,846.00 5.SIDEWALK 15001 SF $4.75 SY $71,254.75 6.EXCAVATION AND GRADING 12035 SY $2.30 SY $27,680.50 7.STREET SIGN 2 EA $500.00 EA $1,000.00 8.STOP-STREET SIGN 4 EA $500.00 EA $2,000.00 9.PAVEMENT REPAIR 72 SY $27.50 SY $1,980.00 $350,063.52 Water Items 1.6"C900 PVC 1507 LF $21.70 LF $32,701.90 2.6"GATE VALVE 7 EA $1,280 EA $8,960.00 3.6"90*BEND 6 EA $320.00 EA $1,920.00 4.6"TEE 1 EA $470.00 EA $470.00 5.DOUBLE SERVICE CONNECTION(NEAR) 8 EA $560.00 EA $4,480.00 6.DOUBLE SERVICE CONNECTION(FAR) 13 EA $600.00 EA $7,800.00 7.FIRE HYDRANT ASSEMBLY 2 EA $4,200.00 EA $8,400.00 8.6"x 6"TAPPING SLEEVE AND TAPPING GATE VALVE 2 EA $3,500.00 EA $7,000.00 9.CONNECT TO EXISTING 6"ACP WATER 1 LS $1,000.00 LS $1,000.00 $72,731.90 Waste Water 1.8"SDR 26 PVC 640 LF $32.70 LF $20,928.00 2.10"SDR 26 PVC 640 LF $36.44 LF $23,321.60 3.4'MANHOLE 8 EA $3,500.00 EA $28,000.00 4.SERVICE CONNECTION(NEAR) 24 EA $400.00 EA $9,600.00 5.SERVICE CONNECTION(FAR) 18 EA $500.00 EA $9,000.00 6.CONNECTIONTO EXISTING MANHOLE 1 EA $2,500.00 EA $2,500.00 7.MANHOLE ADJUSTMENT 1 EA $2,750.00 EA $2,750.00 $96,099.60 Storm 1.24"RCP 154 LF $47.83 LF $7,365.82 2.18"RCP 1,072 LF $42.80 LF $45,881.60 3.12"RCP 59 LF $39.50 LF $2,330.50 4.MANHOLE 6 EA $4,500.00 EA $27,000.00 5.CURB INLET 7 EA $4,000.00 EA $28,000.00 6.EROSION CONTROL 1 LS $2,500.00 LS $2,500.00 7.PAVEMENT REPAIR 243 SF $3.00 SF $729.00 $113,806.92 Exhibit 3 Page 1 of 3 Murray Bass,Jr., P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S. Alameda St. Email: Murrayjr@aol.com TX Registration No. F-52 361 882-5521— FAX 361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 Additional Roadway Quantities 1.2"TxDot Item 340,Type D (1993) 416 SY $19.35 SY $8,049.60 2.8"Cement Stabilized Sand 565 SY $14.28 SY $8,068.20 3.6"x2'Concrete Curb and Gutter 272 LF $14.00 LF $3,808.00 $19,925.80 Miscellaneous Items 1.TRENCH SAFETY(FOR STORM/WASTE WATER) 1 LS $6,500.00 LS $6,500.00 2.SEEDING No bid 1 LS 3.REMOVE EXISTING OVERHEAD ELECTRIC No bid 1 LS 4.STORM WATER POLLUTION PREVENTION PLAIN 1 LS $1,500.00LS $1,500.00 5.EROSION CONTROL No bid 1 LS 6.GRUBBING(based on$90/hr) 1 LS $7,500.00 $15,500.00 *Total: $668,127.74 Exclusions: Well Pointing,Signage,Sign Posts,Seeding,Removal or Relocating of Overhead Lines,Silt Fence supply and Installation, Sodding,Additional Lot Fill,Testing,Lab Work,Engineering,Lot Surveying,Property Corners,Electrical or Transformer Pads,Fences,Relocation or Excavation of any onsite obstructions,Relocation of any Excavation of any utility, Pipes,Cables or Wires,Landscaping,Any additional signage,Striping,Any additional work or materials not included in above description of work to be performed.Changes in the above specifications may be made only upon written agreement,and extra charges will be made.All agreements are contingent upon strikes,accidents or delays beyond our control. f11 ar sit MURRAY BASSI JR ♦�®-�= 26677 ick Exhibit 3 Page 2 of 3 Murray Bass,Jr., P.E., R.P.L.S. BASS WELSH ENGINEERING 2/25/2016 Email: Murrayjr@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 COST ESTIMATE PUBLIC INFRASTRUCTURE REIMBURSEMENT REQUEST HOMEDALE STREET EXTENSION STREET CONSTRUCTION, HOMEDALE DRIVE 1 6"CONCRETE CURB&GUTTER 272 LF $14.00 S3.808.00 2 4"X 4'CONCRETE SIDEWALK 1059 SF $4.75 $5.030.25 3 2"HMAC 416 SY $19.35 $8.049.60 4 8"CEMENT STABILIZED SAND 492 SY $14.28 $7,025.76 5 12"Dia Storm Sewer 59 LF $39.50 $2,330.50 6 EXCAVATION&GRADING 844 SY $2.30 $1,941.20 7 STOP/STREET SIGN 1 EA $500.00 $500.00 8 TRAFFIC CONTROL 1 LS $5,487.00 $5,487.00 SUBTOTAL $34,172.31 REQUESTED REIMBURSEMENT CONSTRUCTION COST $34,172.31 TESTING(2%) $683.45 SURVEYING&ENGINEERING 11% $3,758.95 TOTAL $38,614.71 ar � -E' T--fq #1 *. ') ...* ? MLJRRAYBASSJR _-i at 49% `266770• `=Q 6 `v/ ©EN ...•• o / ' _ f' -‘,. A- 4V-,/ /1 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 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. 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 Christi,Texas Department of Development Services C. P.O.ty of Box 9277 Corpus Christi,Texas 78469-9277 C (361)826-3240 Or us Located at: 2406 Leopard Street =Christi (Comer of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: Esteban R.Alaniz STREET: P.O. Box 639 CIN: Corpus Christi Zip: 78072 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) 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: Esteban R.Alaniz Title: Owner (Print) f Q ,, �y l Signature of Certifying Person: z%Y ��4 6. �� Date: '2.- 2.— ( 6' K:DEVELOPMENTSVCSSBARED'.LAND DEVELOPMENT ORDINANCE ADMINISTRATIONAPPLICATION FORMS FORMS AS PER LEGAL 2012,DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Page 1 of 2 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:DEVELOPMENTS VCS SHARED LAND DEVELOPMENT ORDINANCE ADMINISTRATIONAPPLICATION FORMS FORMS AS PER LEGAL`2012DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC Page 2 of 2 Exhibit 5 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-7569 Esteban Alaniz 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 02/01/2016 being filed. City of Corpus Christi Date ckn ledged: - 3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntract,and provide a description of the goods or services to be provided under the contract. Homedale Addition Unit 4 Street Participation Agreement 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of cont ing business entity AFFIX NOTARY STAMP/SEAL ABOVE (�j Sworn to and subscribed before me,by the said L 0:Z ,this the f day of—`� fit/ 20 1 ,to certify which,witness my hand and seal of office. IME NU Sabi% *logy ID•6331440 Oc l ')d - ' At III Qd-Q /tQII Sc D 's , Abtf Commission E> Signature of officer administering .i' Printed name of officer administering oath - .f officer admini tenng oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416 Ike ksok.Yt NOVI,P,CPk-p rrorn: „4. vk r of Corpus .inristi De;al)pment Services/ Mk Special Serviccf; 2406 Leopard, Suite ',C3 Carpus Christi, TX 78408 Do g 2016027-i:30 8 Y Pages 21 06/09/2014 1 e 11PM{ Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $95.00 Any provision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Racer Colors Religion, Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/'12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by mer and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS 7hN4 75 1'