HomeMy WebLinkAboutC2016-378 - 8/23/2016 - Approved LICENSE
STATE OF TEXAS §
COUNTY OF NUECES §
This License ("License") is entered into by and between the City of Corpus Christi
("City"), a Texas home-rule municipal corporation, and River View at Calallen, LP
("Licensee"), a Texas limited partnership, whose business address is 8500 Shoal Creek
Blvd, Bldq 4, Suite 208, Austin, Texas 78757.
WHEREAS, Licensee owns the real property and improvements located at 11930
Leopard Street in Corpus Christi, Texas, and being more particularly described as
approximately 5.862 acres being a portion of share No. 11 of the Partition of the John B. Haney
Estate as shown on a map recorded in Volume 6, Page 29 Map Records of Nueces County
('Property"), as shown in Exhibit A (legal description); and
WHEREAS, Licensee wishes to construct a two-inch sanitary sewer force main inside a
six-inch steel casing (hereinafter "Improvements"), which will encroach in the City
(hereinafter "Premises"), as shown in Exhibit B; and
WHEREAS, Licensee has requested the City to allow the use and occupancy of the
Premises for Licensee's Improvements.
NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
In accordance with Article IX, Section 1, of the City's City Charter and in consideration
of a onetime payment of ($1,053.00) paid by Licensee, the receipt of which is
acknowledged, the City has granted and by these presents does grant to Licensee, for
the term and upon the conditions stated in this License, a License for the right to install,
operate, maintain, repair and remove Improvements on Premises. The area in which the
License is granted for the location of the Improvements is referred to in this License as
the "License Area." Licensee agrees that the Improvements shall not be expanded,
enlarged or altered in any way nor shall the height or stories be increased without the
prior written approval of City.
The License granted by this License is issued to the Licensee only. This License may
not be assigned by Licensee without the City Manager's prior written consent. Licensee
must notify the City if Licensee sells or transfers ownership of the Improvements.
The License granted by this License is subject to the Licensee's compliance at all times
with the following conditions:
A. This License, and the rights granted under the License, may be revoked at
any time by the City upon providing the Licensee not less than 30 days'
ROW License Agreement Revised 02-23-16
2016-378
8/23/16
Ord. 030934
River View at Calallen LP
INDEXED
notice, in writing, by the City's City Manager or designee ("City Manager"). In
the event of a revocation by the City Manager or earlier termination of this
License by either party, no portion of any payment made under this License is
refundable to the Licensee.
B. This License is for a perpetual term, subject to termination under Section A
above. It also terminates if Licensee discontinues or abandons the use of the
Improvements. This License is made expressly subject and subordinate to the
right of the City to use the Premises for any public purpose. In the event that
City gives notice of termination under Section A, Licensee shall at its sole
cost and expense make or cause to be made the removal of the
Improvements. Licensee shall reimburse City for the cost of City's removal of
the Improvements if Licensee does not remove them within the notice period.
C. The City reserves the right to construct, maintain and/or modify city-owned
facilities, including but not limited to, street and utility improvements. The City
will provide 30 days written notice to the Licensee when the City has
determined that removal, relocation or alteration of the Improvement is
reasonably necessary for construction, maintenance, modification or
operation of city-owned facilities. The Licensee shall promptly make the
required adjustments. The required work will be done at Licensee's expense.
D. The Licensee agrees to comply with City Code of Ordinances Chapter 35,
Article VII and Chapter 49, Article VII.
E. The Licensee shall provide the City with a 3-dimensional map of the
Improvements accurate to within 1 foot and GIS coordinates, which will be
included with this License as Exhibit C and 2D dwg file must be submitted for
the as-builts.
F. The Licensee shall mark all Improvements located on City Premises with
magnetic marking tape if the utility is located underground.
G. The Licensee shall acquire and maintain at all times for the term of this
License insurance coverage pertaining to the License Area granted under this
License and the activities authorized by this License. The types of required
insurance coverages must be in the minimum amounts set forth in the
attached Exhibit D, the substantive content of Exhibit D being incorporated
by reference into this License as if fully set out here in its entirety. The
insurance policies must name the City as an additional insured and may not
be canceled, renewed or materially changed by Licensee unless at least ten
(10) days advance written notice has been provided to the City. Upon the City
Manager's written request, Licensee shall provide copies of all requested
insurance policies to the City's City Attorney.
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
L.01-y
H. Should construction be deemed necessary by Licensee in the License Area,
construction plans and specifications for all proposed work shall be submitted
in advance by the Licensee to the City's City Engineer for approval prior to
beginning the construction process. The plans must show the depth and
location of the proposed construction and distance from existing pavement,
water, storm water, wastewater and gas lines. The Licensee shall also
comply with any other laws, rules, regulations and ordinances applicable to
construction in the City and in the public right-of-way, including obtaining all
required permits. Licensee shall fully pay for all labor and materials used in
the License Area and will not permit or suffer any mechanic's or material
man's liens of any nature to be affixed against the Premises by reason or any
work done or materials furnished to the Premises at Licensee's request.
I. Prior to the start of any approved construction, Licensee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit D. Additionally,
Licensee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, licensees and
invitees in the same manner that Licensee has provided indemnification to the
City pursuant to this License.
J. Licensee shall provide all necessary and proper safety devices so as to
prevent injuries or accidents in the License Area, in as much as possible.
K. At least 48 hours prior to beginning any approved construction, Licensee shall
contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669-
8344), and any other required agency or authority. Additionally, at least 48
hours prior to beginning any approved construction, Licensee shall give notice
and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
• City Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or
location.
L. Any construction process and use of the License Area by Licensee shall not
interfere with the construction, installation, operation, maintenance, repair,
ROW License Agreement Revised 02-23-16
Deb ; CITY OF CORPUS CHRISTI
removal or replacement by the City or any of its agents, contractors or
franchisees of any existing or proposed roadways, sidewalks, utility lines or
other uses. If the City or any franchisee with utilities currently located in said
public right-of-way needs access to the right-of-way, Licensee shall pay for
removing or relocating the Improvement in the License Area to allow access
to utility lines for maintenance, repair, removal or replacement of the utility
lines. The Licensee shall repair the License Area to its original condition or
cease to use the License Area, at which time this License terminates
immediately.
M. Traffic Engineer requirements pertaining to this License, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Licensee shall file and obtain approval for a traffic control plan with the
City's Traffic Engineer. No closure or barricading of a public right-of-way
or any portion of a public right-of-way may occur before approval of the
traffic control plan and, if applicable, approval of a detour or barricade plan
has been obtained from the City's Traffic Engineer.
2. Should Licensee require a trench, pit or similar excavation be dug during
approved construction, the Licensee shall file and obtain approval for
barricading said trench, pit or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City's Traffic
Engineer. [See paragraph "T" of this License for additional requirements
regarding trenches, pits and similar excavations.]
N. If, as determined by the City Manager, damage occurs to any pavement,
sidewalk, curb, gas, water, storm water or wastewater line, Licensee shall
allow the City immediate access to the License Area to perform an
assessment, make repairs or take any other action deemed necessary by the
City. Determination of the extent of damage and repairs necessary to restore
the utility line(s) shall be made by the City Manager. All costs of the City
associated with said damage and repair, including labor and materials, shall
be paid by Licensee within 30 days of the City's invoice.
0. Should construction become necessary near existing water or wastewater
lines, Licensee shall take every precaution not to disturb the soil surrounding
any such lines, including all thrust blocks.
P. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal or replacement in the
License Area. A half-day, being four hours or more of work time by the City
inspector, constitutes a whole working day for purposes of calculation. Any
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall
be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18)
per hour. Any assessed inspection fees shall be paid by the Licensee to the
appropriate City department within 30 days of the City's invoice. These
amounts will be adjusted annually each year on August 1 to reflect any pay
increases that may be attributable to the rates charged.
Q. At any and all times, Licensee shall be responsible for the repair and
maintenance of the License Area, including any costs associated with
damage occurring due to natural weather elements/occurrences or man-
made forces. Should damage occur to the License Area, regardless of the
type of damage, Licensee shall immediately repair the damage upon notice
by the City. Failure to so repair terminates this License immediately without
any further action needed on the part of the City.
R. Licensee agrees that any Improvements located above the ground shall be
cleaned, maintained and repaired immediately to preserve the public health
and safety and prevent blight.
S. Licensee shall repair, or cause to be repaired, any damage to pavement,
driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or
any other structure, public or private, resulting from or caused by reason of
construction, installation, maintenance, repair, removal, replacement or
operation of the License Area.
T. If a trench, pit or other excavation is required during approved construction,
no trenches, pits or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City's Director of
Development Services and City's Engineer. Bore pits are not allowed open
for a period of longer than 14 calendar days, regardless of location. All
trenches, pits or other excavations, other than bore pits, shall be backfilled by
the Licensee promptly and in accordance with current City standards and
specifications and as per the City inspector's request. All trenches, pits and
other excavations, including bore pits, shall be barricaded by the Licensee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
approved by the City's Traffic Engineer. [See paragraph "M.2." for additional
requirements pertaining to trenches, pits, and other excavations.]
U. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Licensee according to current City
standards and specifications and as required by a City inspector.
V. Use of the Wastewater Line Improvements authorized by this License is
strictly limited to providing service to the River View at Calallen, LP located at
11930 Leopard Street, in the License Area. Licensee shall not provide, nor
permit anyone else to provide or receive, service through said Wastewater
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
'1D1=1
Line or at any facilities within the City other than the building facilities
specifically included in this License without first obtaining a franchise or other
required approval from the City.
W. LICENSEE 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 AND ACTIONS OF ANY
NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES
(INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS'
COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR
DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE
IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT
OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE
RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE,
OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR
REMOVAL OF THE LICENSE IMPROVEMENTS PURSUANT TO THIS
LICENSE, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY
THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES
OR ANY OF THEM. LICENSEES MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED
ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO
INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL
OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF
SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS.
X. All signatories signing this License warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this License
binding and enforceable by their signatures.
Y. Unless otherwise stated in this License, any notice required or permitted to be
given under this License must be in writing and sent by certified mail, return
receipt requested to the following addresses:
If to Licensee: River View at Calallen, LP
8500 Shoal Creek Blvd, Bldg 4, Suite 208,
Austin, Texas 78757.
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
901 -S'
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
Z. This License shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created pursuant to this
License are performable in Nueces County, Texas. All actions arising from,
out of, or related to this License must be filed, tried, remain and resolved in
and cannot be removed from Nueces County, Texas.
AA. The Licensee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this License, the "Disclosure of
Interests" form attached to this License as Exhibit E. Completed versions of
Exhibit E by the Licensee form a part of this License and are incorporated by
reference into this License as if set out here in their entireties.
BB. This instrument, including exhibits, constitutes the entire License between the
City and the Licensee, and no prior written, oral, or contemporaneous
promises, warranties or representations shall be binding upon any parties.
This License may only be amended by written instrument signed by authorized
representatives of the City and Licensee and approved as required by City
law.
CC. Any payments due by the Licensee pursuant to this License will be made
from current revenue available to the Licensee.
EXECUTED IN DUPLICATE this day of , 20 .
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
1pi
LICENSEE'S - -yr
/ ‘5-12,,g,
Date
River View at Calallen, LP, a Texas limited partnership
By: River View at Calallen GP, LLC, a Texas limited liability company, its general partner
By: River View at Calallen MM, LLC, a Texas limited liability company, its manager
By: Mark E. Gardner, Manager
ACKNOWLEDGMENT
STATE OF /ShI,55LLti §
COUNTY OF Gree---- §
This instrument wcknowledged before me on AL6(1.3
4 , 20 40,
by NjArk�E.as L7Ar��- , 5+h Manager, River View at Calallen MM, LLC,
Manager, River View at Calallen GP, LLC, general partner, River View at Calallen, LP,
on behalf of said company.
41/4 MARCIA LARUE I
1 Notary Public -Notary Seal
St1 ,
ate of Missouri,Greene County Ail ��:
Commission # 13498129
I My Commission Expires Jun 27, 2017 ► Notar Public'signa ure
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
IN TESTIMON��H �,,the
EREOpity of orp s Chripti has caused these presents to be executed
on this the a, of , 20ILp
ATTEST: CITYCF CORPUS CHRISTI
".. c1---).124A.e,e/At./c&--ra By: ‘‘. XIAAAPY 1
City Secretary Daniel McGinn Interim Director, Development Services
Department
APPp OVED AS TO LEGAL FORM:
cft
day of )1--6,(6-t-
, 20 /6 C� .. � v,c L,,..
9) iLla
By: SY COttNCf l..
Julian Gra , Assistant City Attorney ....�
SECRET�IRY
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrupi nt was ack�}o led before me on ��' ' •.0}, �� 20 � by
�� F�1C��iflhas D�r� evelopment Services D-partment, of the City of Corpus Christi,
a Texas Municipal Corporation, on behalf of said corporation. I
f i, . 0 •
..•o "P�a;:, MONIQUE TAMEZ LERMA ► Notary 'ublic, St•'.te of Texas
4 '2,:�j Notary Public ►
•. !FS•;+' i STATE OF TEXAS ►
4 !4rFF7,,, My Comm. Exp. 01-23-2017
ROW License Agreement Revised 02-23-16
Deb I CITY OF CORPUS CHRISTI
EXHIBIT "A"
LEGAL DESCRIPTION
Being that certain tract of land described as containing 5.865 acres, more or less, being a portion
of Share No. Eleven (11) of the Partition of the Estate of John B. Haney, a map recorded in
Volume 6, Page 29 of the Nueces County, Texas Map Records, and being the same land
described as 5.878 acres in deed dated January 27, 2014 recorded in Document No. 2014003651
Official Public Records,Nueces County,Texas, executed by James E. Brooks VFW Post 3837 to
Zeba,LLC, and being further described on the following page:
Legal Description--Page 1
BEING a 5.865 acre tract of land in Share No. 11 of the Partition of the
Estate of John B. Haney, as recorded in Volume 6, Page 29, Map
Records, Nueces County, Texas, situated in the Gregorio Survey,
Abstract No. 592, Nueces County, Texas,being all that certain tract of
land described in deed to Zeba, LLC,as recorded in Document No.
2014003651,Official Public Records,Nueces County,Texas,and being
more particularly described by metes and bounds as follows:
BEGINNING at a 1-Inch Iron pipe found marking the south corner of said
Zeba tract and the west corner of that certain tract of land described in •
deed to Judy Rack,as recorded In Document No. 2006029630, said
Official Public Records,said Iron pipe being on the northeast line of
Leopard Street (Highway No. 8),from which the south corner of said
Share No. 11 bears South 36°4013" West, a distance of 40.09 feet;
THENCE North 5716'29"West, a distance of 298.75 feet along said
northeast line to a 3/4-inch Iron pipe'found marking the southwest corner
of said Zeba tract and the south corner of that certain tract of land
described in deed to James E.Brook VFW Post 3837,.as recorded in
Document No. 837463,said Official Public Records;
THENCE North 36°35'34" East, passing a 314-inch iron pipe found •
marking the east corner of said VFW tract and the south corner of that
certain tract of land described in deed to James E. Brook VFW Post 3837,
as recorded In Document No. 1999021349, said Official Public Records,
at a distance of 300.29 feet and continuing a total distance of 372.69 feet
to a 618-inch Iron rod found marking the Interior ell corner of said Zeba
tract and the east corner of said VFW tract(1999021349);
THENCE North 57°12'59" West, a distance of 299.70 feet along the
common line of said Zeba and VFW (1999021349) tracts to a 5/8-Inch Iron
• rod found marking the northwest corner of said Zeba tract and the north
corner of said VFW(1999021349)tract,said iron rod being on the
southeast line of that certain tract of land described In deed to The
Cuddihy Corporation,as recorded In Volume 1625, Page 508, Deed
Records, said Nueces County;
THENCE North 36°47'31" East, a distance of 177.44 feet along the
common line of said Zeba and Cuddlhy tracts to a 5/8-Inoh Iron rod found
marking the north corner of said Zeba tract and the east corner of said
Cuddihy tract, said iron rod being on the southwest line of interstate
Highway No.37 (a variable width right-of-way);
• THENCE South 69°07'47" East,a distance of 620.63 feet along said
southwest line to a 5/8-inch iron rod found marking the east corner of said
• Zeba tract and the north corner of aforesaid Rack tract;
THENCE South 36°40'13" West, a distance of 678.25 feet along the
common line of said Zeba and Rack tracts to the POINT OF BEGINNING
and containing 5.865 acres(255,463 square feet)of land.
Page 2
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ATTACHMENT
EXHIBIT 0
INSURANCE REQUIREMENTS
PERMITTEE'S LIABILITY INSURANCE
A. Permittee 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. Permittee must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Permittee shall furnish to the Risk Manager or designee and Director of Development Services.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 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 including: $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 Permittees
7. Pollution/Environmental Impairment
BUSINESS AUTOMOBILE LIABILITY 51,000,000 Combined Single Limit
1. Owned
2. Hired&Non-owned
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH H OF
THIS EXHIBIT.
EMPLOYER'S LIABILITY $500,0001$500,000!$500,000
C. In the event of accidents of any kind related to this project, Permittee shall furnish the Risk Manager with
copies of all reports of such accidents within ten(10)days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Permittee 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.
B. Permittee shall obtain and maintain in full force and effect for the duration of this Contract,and any
extension hereof,at Permittee'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. Permittee shall submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Permittee 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
D. Permittee agrees that with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement,as respects operations,completed operations and activities of,or
on behalf of, the named insured performed under contract with the City, with the exception of the
workers'compensation policy
• Provide for an endorsement that 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. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage,Successful
Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City.City
shall have the option to suspend Permittee'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 Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which
become due to Permittee hereunder until Permittee demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may
be held responsible for payments of damages to persons or property resulting from Permittee's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Permittee'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 under this agreement.
t. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2014 ins req.
Development Services
l 1,l3,2014 ds Risk Mgmt.
1401 - 12
City of Corpus Christi,Texas
Department of Development Services
City Of P.O.Box 9277
iiCorpus Christi.Texas 78469-9277
y�� (361)826x240
corpus Located at. 2406 Leopard Street
Christi
(Corner of Leopard St.and Port Ave.)
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with "NA".
NAME: River View at Calallen, LP
STREET: 8500 Shoal Creek Blvd.,Bldg.4,Suite 208 CITY: Austin ZIP: 78757
FIRM is: ❑Corporation 0 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
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
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
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
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. Authorized Representative of General
Certifying Person: Enrique Flores Title: Partner
(Print)
04/12/2016
Signature of Certifying Person: Date:
KSDEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2
STATEMENTI.27.12.DOC Exhibit E
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.
A.\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\21112\DISCLOSURE OF INTERESTS
STATEMENTI 27.12.DOC Exhibit E Page 2 of 2
L101 -a.o
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. 2016-103847
River View at Calallen, LP
Austin,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 08/24/2016
being filed.
CityyCorpus Corpus Christi Date Ac nowle ged:CI 2-L9 `
3 Provide the identification number used by the governmental entity or state agency to track or identify the cont act,an provide a
description of the services,goods,or other property to be provided under the contract.
License
Being that certain tract of land described as containing 5.865 acres, more or less,being a portion of Share No. Eleven (11)of the
Partition of the Estate of John B. Haney
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of. jury,that .- .love disclosure is true and correct.
MARCIA LARUE
Notary Public-Notary Seal
State of Missouri,Greene County
Commission # 13498129
My Commission Expires Jun 27,2017 ` Signature of authorized agent of contracting business entity
dP" — —_ -
-
AFFIX NOTARY STAMP/SEAL ABOVE 4
Swo to and subscribed before me,by the said ___NYLE ( his the Ar day of / / ,
20/ ,to certify which, itness my hand and seal of office.
4.0A. tid-re;C1 Ati.10 Mar tiTirde
Signature of oTarr minisi-ring oath Printed name of officer administering oath Title of officer administering oath
Forms provis-d by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277