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HomeMy WebLinkAboutC2016-656 - 3/29/2016 - 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 Ata O. Azali, LLC., ("Developer"), a Texas Limited Liability Company, acting by and through its President. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 12.393 acres of land, more or less, a portion of lots 25 & 26, Section 22, 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 Queen's Crossing Unit 2 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Oso Parkway for a distance of approximately 1063 feet to connect with Salsa 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. T�_ d confirm the total cost estimate for construction of the Roadway C2016-656 3/29/16 attached to and incorporated in this Agreement as Exhibit 3 Res. 030791 ct to the limitations set forth below, the Owner shall pay a portion Ata O. Azali LLC SCAN N E D • 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 $224,662.67. 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 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE Ata 0. Azali, LLC.-Queen's Crossing Unit 2 Agmt vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 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 QUEEN'S CROSSING UNIT 2 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Ata 0. Azali, LLC.-Queen's Crossing Unit 2 Agmt vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Ata 0. Azali, LLC.-Queen's Crossing Unit 2 Agmt vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 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 Ata O. Azali, LLC Attn: Director, Development Services Attn: Ata O. Azali 2406 Leopard Street/ 78401 President P.O. Box 9277/78469-9277 P.O. Box 8155 Corpus Christi, Texas Corpus Christi, Texas 78468 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 March 22, 2018. (EXECUTION PAGES FOLLOWS) Ata 0. Azali, LLC.-Queen's Crossing Unit 2 Agmt vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 1r 1 EXECUTED in one original this 1 d of (W , 2016. ATTEST: CITY OF CORPUS CHRISTI A Rebecca Huerta „at*,McGinn City Secretary tik. -'evelopment Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huertai, pitySecretary, or the Ci of Corpus Christi, Tex.s, and acknowle•ged before - on the I l -day of 2016. • Of Texas — A " `—d S No a Publi ; State ' `� < �A"p''k, M0NIQUE TAMEZ LERMA > A, 1 1 Notary Public THE STATE OF TEXAS § < �':�� ''* STATE Exp. TEXAS '•s�, ••'+Pg=� My Comm. Ex 01-23-2017 � of<E. p § cF�c*"_� RY . vvvvvvvvvvvV� �--- COUNTY OF NUECES § This instrument was igned by D.n McGinn, Development Services'Director,�•r the`Citof f' Corpus Christi, Texa'.,\and ac o ledged before me on the � g --day of i.�L�— 1 , 01 -- ' . . � � " � il A s? 7' •• MONIQUE TAMEZ LERMA > Nota Publi State—of Tex. a ,41 Notary Public > ``1STATE OF TEXAS Fr ............ My Comm. Exp. 01-23-2017 '•..EOP V • APPROVED AS TO FORM: This /60-day of / / , 2016. J�Grant Senior Assistan it. At orne For the City Attorney Ata 0. Azali, LLC.-Queen's Crossing Unit 2 Agmt vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 OWNER: Ata O. Azali, LLC. / / 7 / / 4 . Ata O. Aza I Date President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me onVe.,\VCUOL/Li1 , 2016, by Ata O. Azali, President, Ata O. Azali, LLC., a Texas Limited Liability Cotnpany, on behalf of said company. C\� ;Prose., ULTRA PENA Notary Public's Signature NOTARY PUBLIC • *VP State of Texas Comm.Exp.12-02-2019 Ata 0. Azali, LLC.-Queen's Crossing Unit 2 Agmt vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 STATE OF TEXAS S STATE OF TEXAS S - COUNTY OF NUECES S COUNTY OF NUECES B WE, (NAME).HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN WE.ATA 0.AZALI INC..HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE BOUNDARIES OF THE FOREGOING PLAT.SUBJECT TO A LIEN IN FAVOR OF , THE SUMP/1510N AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. THAT WE HAVE HAD SAID LAND SURVEYED AND SUROMDED AS SHOWN,THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED,OR IF NOT PREVIOUSLY DEDICATED,ARE HEREBY \ .. DEDICATED TO THE PUBIC USE FOREVER,AND THAT THIS PLAT WAS MADE THE PURPOSE OF DESCRIPTION BY: AND DEDICATION. TITLE: THIS THE DAY OF ,20_. .‘4.\ _ ATM 0.AZALI,PRESIDENT 'gF]gG' STATE OF TEXAS S STATE OF TEXAS S COUNTY OF NUECES S COUNTY OF NUECES S THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY ATA 0.AZALI,PRESIDENT OF ATA 0.AZAL1.INC. (TITLE)OF THIS THE DAY OF .20 k THIS THE_DAY OF ,20_. Bf NOTARY PUBLIC IN AND FOR LNOTARY PUBLIC IN AND FOR THE STATE OF TEXAS KWBIAC WE K®ING BR'"l i THE STATE OF TEXAS STATE OF TEXAS S COUNTY OF NUECES B I,NIXON M WELSH.REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS Be WELSH ENGINEERING. `BALER RE HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND STATE OF TEXAS B UNDER MY DIRECTION,IS TRUE AND CORRECT AND THAT WE MAVE BEEN ENGAGED TO SET ALL LOT 0 CORNERS UPON COMPLETION DF SUBDMSION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. ,d COUNTY OF NUECES B THIS THE_DAY OF ,70_. & l ,/ THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE ENGINEER u ' FOR THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI,TEXAS NIXON M.WELSH1.81181111111M11.11118.201011 LENLS B,. -+� REGISTERED PROFESSIONAL LANG SURVEYOR, RENEE T.COUTURE,P.E. j� ''�� TEXAS NUMBER 2211 ''yB'TH� DEVELOPMENT SERVICES ENGINEER DATE 0 400' 800' 1600' m1cs055R.c I ""'I''�•'T< SCALE, 1'= 800' CORONATION DH, 'ITPA" STATE OF TEXAS B LEGACY PaM� COUNTY OF NUECES B - THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE SITE" ( CITY OF CORPUS CHRISTI,TEXAS.DY TIE PLANNING COMMISSION. 4 THIS THE_DAY Of 20_ d�� V I? CHAIRMAN SECRETARY PHILIP J.RAIIREZ,AIA.,LEEO AP MARK E.VAN ULECK,P.E. LOCATION MAP I' =800' STATE OF TEXAS S COUNTY OF NUECES S I,DIANA T.BARRERA,CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY.DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED NOTES. THE DAY OF ,20_WTM ITS CERTIFICATE I. THE BASIS OF BEARINGS IS THE SOUTHWEST BOUNDARY LINE OF QUEEN'S t ISTF7/nl M 2 OF AUTHENOUTON,WAS FILEC FOR PECORD IN MY OFFICE THE CROSSING UNIT t, 560 57'50'E. AS SHOWN. tYL9 LJ V LS DAY OF .20 A' O'CLOCK _.M., 2. THE SUBJECT SITE IS A PORTION OF A FORRAR U.S. NAVAL AIRFIELD. ANO DULY RECORDED iME DAY OF20RUNWAYS MAAN a CONCRETE TE ASPHALR. SRMUE EXIST DIATS HED IBJECT, �� AT O'CLOCK_.M.IN THE MAP RECORDS OF SND COUNTY BUILDINGS AND OTHER APPURTENANCES NPY HAVE EXISTED AT THE SUBJECT SITE FEB Z 6 2013. THE SUBJECT SITE LIES IN FERA ZONE'A' (EL 131 AS SHOWN, PURSUANT TO IN VOLUME PAGE INSTRUMENT NUMBER ENA MAP, COMIEWITY PANEL IO. 485494 0520 D. REVISED JANE 4, 1987. 4. THE RECEIVING WATER FOR THE STORM DATER RUNOFF FROM THIS PROPERTY IS PLANNING COMMISSION WITNESS NY HAND AND SEAL OF THE COUNTY COURT W AND FOR SAID THE 050 CREEK. THE ICES HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE COUNTY AT OFFICE IN CORPUS CHRISTI,NUECES COUNTY,TEXAS.ME 050 CREEK. BUT IT IS RECOGNIZED AS AN ENVIRDNENTALLY SENSETIVE AREA, TOE OSP CREEK FLOWS DIRECTLY INTO THE OSO BAY. THE YCEO HAS CLASSIFIED THE DAY AND YEAR LAST WRITTEN. AQUATIC LIFE USE FOR THE DSO BAT AS'EXCEPTIONAL' AND'OYSTER WATERS' AND PLAT 0 F CATEGORIZED THE RECEIVING HATER AS'CONTACT RECREATION' USE. B: S. SET 5/B' IRON RODS AT ALL PROPERTY CORNERS UNLESS SHOWN OTHERWISE. B DEPUTY DIANA T.BARRERA,CLERK 6. PRIVATE DRIVEWAY ACCESS FROM LOT 30, BLOCK 2 TO['HARRON BOULEVARD IS QUEENS CROSSING U NIT 2 COUNTY COURT NUECES COUNTY,TEXAS PROHIBITED. 7. IF LOT I, BLOCK I IS DEVELOPED WITH RESIDENTIAL USES. THE PUBLIC OPEN BEING 12.393 ACRES OF LAND,MORE OR LESS,A PORTION OF LOTS 25 A 26,SECTION SPACE REQUIREMENT FEE WILL BE REQUIRED DURING THE PERMITTING PHASE OF THE 22,FLOUR BLUFF AND ENON&FARM AND GARDEN TRACTS,A MAP OF WHICH IS DEVELOPMENT. RECORDED IN VL..'A-,PAGES RI -43,MAP RECORDS,NUECES COUNTY,TEXAS. 8. THE SUBJECT SITE CONTAINS 12.393 ACRES INCLUDING STREETS. CORPUS CHRISTI, NUECES COUNTY, TEXAS " . 9. DRIVEWAYS TO MO PARKWAY FOR LOTS IN BLOCK 2 SHALL BE AT LOCATIONS AS SHOWN IN PLAT DATE PLOTTED,1/21/14 BASS & WELSH ENGINEERING CORP.NO,PLAT-SHI.UMG Ia.3054 S. ALAMEDA STREET SCCALE,AS5S6HOMN CORPUS CHRISTI, TEXAS 78404 SHEETS,O`T'=60' Exhibit 1 Page 1 of 2 QUEEN'S CROSSING UNIT 1 \ / 50' DE, V. 641. P. 228, A R. QUEEN'S CROSSING UNIT 1 V. 64, P. 135-131. R R. ). 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I I / o. 2 n I ax' MRs 10'YR/UC o O b 20 10 O O.`ll !7� / [0 y 3• I 2 3 : I I a y0. / �, t+ - / G &a S .II 7, 7998 SF 8 a 28 el ^8 26 _ eg I I ee - 23 - 22 '&i U el N 0 13]3]sF ¢°�� g c,/ a .Qi 'q'- '1,0 7352 sr ..,3„SF Fi &o _ .......0.550 .- /\ 1.,-;‘,106 '° �y7669 SF 7>00 SF 7700 SF b 8169 SF also Y 8140 SF 7999 SF u -..-- 5 /\'1 ,� p, u Iu-_ 20'YR N&99'd yy C�,6, 4J.06_ _ OJ I �T�� \ 198' 70 33 7' u b ICLI PAVEMENT �3,1 5.57 .• l0.2B'-" 31.94' ]0.OD' 10'Iff 70.00' I I 74.27' )4.00' _7..75....._.4 4.00' ° 2' l "°:737a9.' 0S9 AIN(VAY� 19'18.4 201 83' J j/./..4-74. � °°P� 1(, q� \ JJ .00'Sl'30'1398.19' ..JJ I A•+°' \ I ,2 J --4- 340.00'R 11.e1 / '/ 6 64'4N' nr L-29.81• _' N53.26'.9�Y_p01 BS-_.__ / / _ _/ L• �'S ti 340.00'R N60.37'50_V 398.19' / _�� 10 ° • .6 � r TW. FOR SHARED 7 /Q 0' 050 PARKWAY \\ �. DV's DN 0m PMVY. I O /1 055.49'18'E 203. _••�16' q 83' I'_- _ �0'LC O S60'57.50'E 398.19' 1`. t 1 I �_ -- 10 UE - / EA. 150' DE, V. 641, P. 288. D.R 20 Y8 / I / / b I i / m N J` \ (11 /`* P c$+ - J 16� ^� c\., Y / 4Po` ¢ I n X11 1' /// \/ � // `1 u I ri I I I / ��'��'" 's •� J / Ii I /' , P I / 0 30• 60' 120 c � I I /^6 ,/ 1 I0 L / I I CO W u / 7 I / ;11 1 / I I 357217 SF / / I I 2'201AC / I CURVE DATA ,~„ Z \I \ / % ' 11 °\1 / // LOT 261 LOT 25 0 0 Oj 0 0 P. \ I I ) I PRE CONTOUR DEVELOPMENT GROUND / / SECT 22. FB 6 EF 6 GT 1.115'46.56• / I \ 1 1.3.02.33' i=91.00'36' I+ 0. I ,. I / CWITOUR LINE<TYP.) 1.41'3' p]• 1.34.10'31' 7'71,00' Y I I \( ! / �\ / I I/ / R=15. :9 600, 7.13 ar T=195.20' 7.150.63' T=71,7/' r I /\\ / -' / / Cs L•10.81• L=z6.93' L.2183' 1.292.zr L90.9�19•ab'E L3 I / I C8•581.36'24'[ CB•N58'23'34'9 Ce•N74.33'00'E CB=S7B•03'06'E CH•16.23' W I I ( \\ I / I / , CH.IQ 58, CH•26.92' CH•21.40' CH•287.96' J (------- 4 b �\ \\\ I / ti4 O O O I/ I \ \� \ y , \ / '_ \ 1-a OE'11'1 \ / �� \ / - R=1190.Op R•380.00' 1.04.07'' 1.16.35'0' 1=38.37.24• \�\.- '.. \\\ / 7.36.SB' 0.1139' R=300.00' R•I310.00' R=35.00' \ \ \ / / '1 0.33.15' L.26.7]' T.10.78' 0.163 08' T=I2.26' �/\ �N \� \ S"/ S� [8.086.3]'18.4 CB•S57•50'84 E CN=21.56' L•327.76. L=2159' \ \ \ ( ^ \�� \\ ;i/ CH=73.13' LH•26.l6' Cµ. 1552'30'Y CN=326•Si•24•Y CCNv23.15'�'E ,\ 1'-. ._,...\ --,'...-)- - _i/ \L \\' \\\ \V // pq'�'4 O 0 0 0 I\ \ `T , ) / "1',- 1.34.10'31' 1. 1.60.22'30' 1\\ ._____\ � \4 \ f� T.126.04' 084.72'3l' 1.17.0.' \ / / p' 15.00' R=320.00' R.360.00' 77y7y����1 // 7.126.04' 0.14.72' T• y /I 1 \ �� \ \ <7:‘,4," L•2M.35' L•23.28' L+3i.0' 08061 35' / _ \ / // '6CB•N78.03'06•V C8.515.24'14'E awes.ea'34'V CB=N78•e0'S4 P P G3©W E) ') I ..� \ ._-.. / / `pl'J. CH•240.94' 04=21.01' CH•34.09' CH•362.04' �� I T \\ 4d \ 4c \\ \ \\ \ (� i FEB 26 2014 J II I 6N \ k1 \ c� \ \ \\ \\ k/ PLAT OF PLANNING COMMISSION III \; \ \ \\ \\\' QUEEN'S CROSSING UNIT 2 I' \ (CONTINUED) ' I 144.91' 3 CORPUS CHRISTI, NUECES COUNTY, TEXAS /1 FD 5/8' I.R.-711 I -� \ BASS & WELSH ENGINEERING cow m1,1,4.81-012 DATE PLOTTED, AS-PLAT \ 3054 S. ALAMEDA STREET SCALE11 /AS05580WN • CORPUS CHRISTI, TEXAS 78404 PS1"1EAeTsz oi'z•60' • Exhibit 1 Page 2 of 2 iL C❑R❑NATI❑N DR, CL CIMARR❑N BLVD, y e SHADED AREA IS FOR OVERDEPTH FROM ; I RESIDENTIAL COLLECTOR TO PARKWAY ( Cl TO P1) I 5 <0 C O 'D N C C7 r r 7 . (-) O 0 Mxi W 0 '-'10 ul > ,,, v z 0 -< ''. Z 3 21 1 0 5 A`� C - Z N IF \:\ ❑S❑ PARKWAY EXHIBIT QUEEN' S CROSSING UNIT 2 e iaq.+isoeFtAiaHATCHED AREA IS F❑R+' ',I� *. vsIx �R, REIMBURSEMENT AT PARK 1`` \\SPi Fp \\`� \� *1 0 75' 150' 300' \\\\ `\\ 5I ■ ■ ■ IIIIII \\\� N\`'" SCALE: 1"= 150' \y0 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 05069, SCALE: 1" = 150' PLOT SCALE: SAME, PLOT DATE: Exhibit 2 1/6/16, SHEET 1 OF 1 NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@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 QUEEN'S CROSSING UNIT 2 TOTAL COST ESTIMATE 03/30/15 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET&SURFACE ITEMS(AT PARK&WIDEN WALK TO 8'IN OSO PKWY) 1 4"HMAC 140 SY 36.50 5,110.00 2 6"CURB&GUTTER 70 LF 14.50 1,015.00 3 11"LIMESTONE BASE 172 SY 35.00 6,020.00 4 8"LIME STABILZED SUBGRADE TO 1'BC 172 SY 7.80 1,341.60 5 4"THICK R/C WALK 4872 SF 4.60 22,411.20 6 STREET EXCAVATION 1 LS 12,500.00 12,500.00 7 CLEARING&GRUBBING 1 LS 3,500.00 3,500.00 TOTAL 51,897.80 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STREET&SURFACE ITEMS(NOT INCLUDING PARK OR WIDENING WALK) 1 4"HMAC 4448 SY 36.50 162,352.00 2 4"THICK R/C WALK 9436 SF 4.60 43,405.60 3 6"CURB&GUTTER 2470 LF 14.50 35,815.00 4 11"LIMESTONE BASE 5548 SY 35.00 194,180.00 5 8"LIME STABILZED SUBGRADE TO 1'BC 5548 SY 7.80 43,274.40 6 STREET SIGNS 1 EA 300.00 300.00 7 EXCAVATION ALSO INCLUDING BACKFILL&SWALE ALONG E.SIDE CIMARRON BLVD 1 LS 52,500.00 52,500.00 8 CLEARING&GRUBBING 1 LS 8,800.00 8,800.00 TOTAL 540,627.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT MISCELLANEOUS CONSTRUCTION 1 BLANK 2"&4"CONDUIT FOR AEP 100 LF 15.00 1,500.00 2 TRAFFIC CONTROL&BARRICADING PLAN(DURING CONSTRUCTION) 1 LS 4,800.00 4,800.00 3 TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER&STORM SEWER PIPES OF ALL SIZES) 1369 LF 2.00 2,738.00 4 STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL 12,538.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SANITARY SEWER ITEMS 1 4"OR 6"PVC SERVICES 11 EA 380.00 4,180.00 2 8"PVC PIPE 842 LF 48.00 40,416.00 3 FG MANHOLE 4'DIAMETER 2 EA 3,800.00 7,600.00 4 END OF LINE RISER ASSEMBLY 1 EA 500.00 500.00 TOTAL 52,696.00 Exhibit 3 Page 1 of 3 NIXON M.WELSH,P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@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 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT STORM SEWER ITEMS 1 5'INLET SLOT OR TYPE 4 EA 2,600.00 10,400.00 2 BRICK MANHOLE 1 EA 3,800.00 3,800.00 3 18"RCP 63 LF 44.00 2,772.00 4 30"RCP 462 LF 59.00 27,258.00 5 R/C CONCRETE LINING AT END OF PIPE 1 LS 3,500.00 3,500.00 6 ADJUST INLET TOP 1 LS 2,500.00 2,500.00 TOTAL 50,230.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT WATER ITEM-NON GRID ITEMS 1 (DOUBLE WATER SERVICE 5 EA 525.00 2,625.00 TOTAL 2,625.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12"GRID MAIN WATER ITEMS 1 12"PVC PIPE 1077 LF 66.00 71,082.00 2 12"TEE 4 EA 900.00 3,600.00 3 FIRE HYDRANT ASSEMBLY 4 EA 3,600.00 14,400.00 4 12"GATE VALVE W/BOX 2 EA 1,385.00 2,770.00 5 12"BEND EL,ANY ANGLE DI 3 EA 275.00 825.00 6 6"GATE VALVE 4 EA 800.00 3,200.00 7 6"X30"PVC NIPPLE 9 EA 225.00 2,025.00 8 6"BEND ANY ANGLE 3 EA 175.00 525.00 9 6"PVC PIPE 15 LF 50.00 750.00 10 12"X6"REDUCER 1 EA 300.00 300.00 TOTAL 99,477.00 TOTAL CONSTRUCTION 810,090.80 Exhibit 3 Page 2 of 3 . NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@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 05069-PARK-ST R-CO M B I N E D.X LS QUEEN'S CROSSING UNIT 2 01/06/16 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT OSO PARKWAY IMPROVEMENTS AT LINEAR PARK 1 4"HMAC 140 SY 36.50 5,110.00 2 4"THICK R/C WALK 4872 SF 4.60 22,411.20 3 6"CURB&GUTTER 70 LF 14.50 1,015.00 4 11"CRUSHED LIMESTONE BASE TO 2'BC 172 SY 35.00 6,020.00 5 8"LIME STABILIZED SUBGRADE TO 2'BC 172 SF 7.80 1,341.60 6 STREET EXCAVATION 1 LS 12,500.00 12,500.00 7 CLEARING&GRUBBING 1 LS 3,500.00 3,500.00 SUBTOTAL $51,897.80 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT OVERDEPTH OSO PARKWAY ITEMS 1 OVERDEPTH HMAC FROM 2"TO 4" 4448 SY 18.25 81,176.00 2"HMAC AT$18.25/SY 4"HMAC AT$36.50/SY DIFFERENCE=$18.25/SY 2 OVERDEPTH CRUSHED LIMESTONE BASE FROM 8"TO 11" 5546 SY 12.50 69,325.00 8"CRUSHED LIMESTONE BASE AT$22.50/SY 11"CRUSHED LIMESTONE BASE AT$35.00/SY DIFFERENCE=512.50/SY SUBTOTAL $150,501.00 TOTAL PARK AND STREET ITEMS $202,398.80 11%ENGINEERING,SURVERYING&TESTING 22.263.87 TOTAL AMOUNT REIMBURSEABLE $224,662.67 A�r% t Z� E OF...........Tf ....,gr r*;' * '..ill i • • * tNIXON M.WELSH is•e; ' 36240 : - 0 'l.E Vit, , . .. 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 i di City of Corpus Christi,Texas , Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 Leopard Street (Corner of Leopard St.and Port Ave.) air cr.ii.............Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". n/H f NAME: /`/ _6 7 A 4 I 7:8- , • STREET: 4 9 8/03-- CITY: r♦ 7 I _ i. .. - ZIP: 48 FIRM is: El Corporation ❑Partnership aeole Owner ■ Associa 'on ❑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) if 1 p r IA 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 Ar ) 11 iry 14 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 r ) A Ar / 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 J\r ti- Ar I 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 wi p, mptl�' submitted to the City of Corpus Christi,Texas(�/ L-as changes occur. �j' Certifying Person: A 7 " / Ti' : 6 6 ifrir-,E,e_D (Prin ‘4 41111: . Signature of Certifying Person: Date: / 4 /(; K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDIN-NCE AD 11 STRATIOMAPPLICAORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT L29.12.DOC Exhibit 5 f 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 Page 2 of 2 STATEMENTI 27.I2.DOC 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. 2016-12493 Ata 0 Azali. LLC pob 81S5,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 02/11/2016 being filed. city of corpus Christi Date Acknowtedged: ►Y � , \ L 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. queens crossing unit 2 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. I ' ROSIE LOPEZ ► ` � P.p�` 4 I"/ A, ° ID#481064-5 ► PA�'1 Notary Public STATE OF TEXAS ► 4 N'?pc'E`tf My Comm. Exp. 07-15.2017 ► Signature of authorized agent of con ting bu ness entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said / / ! /7 U / //y)1 Z // ,this the // day of/ Lan}. _ 20/4r;�_,to certify which,witness ray hand and seal of office. 1(3?). Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 . ` . Doct 20 1 70 1 5570 t Pages 20 04/20/2017 12:04PM Official Records of HUECES COUNTY KARA SANDS COUNTY CLERK Fees $91.00 Any nrov{sion herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS _1�'' ��- l&"-} From:x /mw. C- y of Corpus L./twist Duet vment Services/ Special Servicuz 2406 �m�� •�"w��,�, w�^w* .CO�w ��rn Christi, TX .*u�U� 78408