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HomeMy WebLinkAboutC2016-662 - 10/18/2016 - Approved 4 � ,- • Doc:-s- `617ra'04264 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 Staples Development, LLC., ("Developer"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a 16.607 acre tract of land, more or less, a portion of Lots 27, 28 & 29, Section 20, 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 Manhattan Estates Unit 7 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 953 feet to connect with a proposed North Oso Parkway bridge roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A« The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and ".,ance of construction by the City Engineer on behalf of the City. C2016-662 10/18/16 confirm the total cost estimate for construction of the Roadway Res. 030985 ttached to and incorporated in this Agreement as Exhibit 3 Staples Development LLC to the limitations set forth below, the Owner shall pay a portion SCANNED • . { . 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 $143,661.75. 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 Staples Development, LLC-Manhattan Estates Unit 7 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 r •, 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 MANHATTAN ESTATES UNIT 7 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. Staples Development, LLC-Manhattan Estates Unit 7 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 Staples Development, LLC-Manhattan Estates Unit 7 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 Staples Development, LLC. Attn: Director, Development Services PO Box 8155 2406 Leopard Street/ 78401 Corpus Christi, Texas 78468 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 October 11, 2018. (EXECUTION PAGES FOLLOWS) Staples Development, LLC-Manhattan Estates Unit 7 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 . i . • EXECUTED in one original this a dayof , 2016. J f\JoVt4I&143Z/'r ATTEST: CIT OF CORPUS CHRISTI , a/IA.4.i( c-fRaL . K , , ..e,ci +1Lte v --,-, Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, ity($ecret for the City f orpus Christi, Texas, and acknowle,l ged before on the m day of,- Da. , o a Publi State Of Texas il lh� ,05CC1 85 _ .AUIt1 ".'.. :i• .!.4;>,. MONIQUE TAMEZ LERM�TDC9tlNCll_Ill THE STATE OF TEXAS § 4 ;' ,4,: Notary Public § I s: 1"'A : 7 STATE OF TEXAS ..¢..... COUNTY OF NUECES § 4 . ..,FPY My Comm. Exp. 01-23-2017 SECRETARY �v����-.." �-Ne- - This instrument was signed by Dan McGinn, Interim Development Services Director, for the i o Corpus Christi, Texas, and acknowledged before me on the It day of IV,,1A V , 2016. / i % it 1.Rv p •tary Publi , �� TANYA ROJAS State Of T xas �f My Commission Expires S,�'S October 15, 2017 �F OF,, APPROVED AS TO FORM: This 1 day of S''p7 e� 6 'k' 2016. fuzd\ (l/ C Assistant City Attorney For the City Attorney Staples Development, LLC-Manhattan Estates Unit 7 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 I , . . 7 4 OWNER: Sta•les Development, LLC. f • QI1 ( 116 Ata O. Azali Date Manager STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 512er 16, 2016, by Ata O. Azali, Manager, Staples Development, LLC., a Limited L ability Company, on behalf of said company. /4 KENE 0 SAPENTER 1 k d My Commiaalon Exptres Ate b. 50,6 1 1----e Notary Public's Signature October 15,2r , O ER: Staples Development, LLC. ci, 1 6. ---i i° Hossein o -• • - Mostaghasi Date Manager STATE OF TEXAS § § COUNTY OF NUECES § 16*This instrument was acknowledged before me on2016, by 5.dikirn Hossein George Mostaghasi, Manager, Staples Development, LC.,, a Limited Liability Company, on behalf of said company. Nr KENE 0 SAPENTER /41410lybi,CommissionEzpirea ll I nature w 4 My Notary Public's s S g October 15,2017 Staples Development, LLC-Manhattan Estates Unit 7 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 N29'00'001E 14.58' S61'00'00'E CURVE DATA 1 16,00' ( I ©D.90'ar GD• O 0.89.57.44• 0930 3I 32 33 34 35 rci 6 ® I 72 S29'00'OO'W 8.10.ar T'l4,99' S61'DO'OO'E 781.00' O MANHATTAN ESTATES UNIT 1 ----J -- 62. 50' L•15 71' 23.53' V.65,P.141143.MR. J ,7.3' UE CB•S)4'ar 00'4 CB=N15'SB'52'V -.---T.3J1E___- J - - CM.14.14' CH•21.21' ].S'UE MANHATTAN ESTATES WIT QD•90.00'00• N©0.41•24'35' 55.00' 3.00' 60.00' 60.00' 60.00' ES' 23' 1A V. 67. P. 244, N.R. R•10.00' R•33.00' -975.'a -_ 7.5'UE 7 O L.10.00' T•13.23' Iii Is I 33 3 I L•10.71' L•29.30' ',b' 7250 SF I C8•S16•ar00•E CB•NOB'il'43•E _ Ll © I $ I I 4 ^1 1 S61'00'00'E O S29'b0' 0'W 9, 41' S cH=la.14 cH•24.75' H 7 •W• 6 5 4 c 3 2 T3. 1 I '8 = 1� O I I 116. 00, WI L'I 6403 SF 8`k 6403 SF ,. 6403 SF A 6403 SF i 6985 SF A 6%5 SF • 6963 SF!f-b10. I I6.ar >o I. I R.15.02'16• O L $ _ 361'C 0 E 165. 28' 748 �. �R=1S 00' L 0:41.24.x9• I S d $'O t S I I M ITtI i. , 115.28' r' T=15.OI' T=I3.23' " _ }� $ 3 A� �� ?3 -a ft, cs'074'Dl'0B•v L.23.29' Z23'YR Y 23'YR I �� II`R 7924 SF Ig M^ 7924 SF Ise b�$ .1Q g". 7 h n ' CH•21.22' CH•24. Y CH.S40 17'46•E _ ` (P I }; it y r t� 7295 SF 8 - & JI ia,' L o QM D.172.49.03' L 3 1C'YR/LE ___j L 10'YR/UE _ I_J_ },J R�43.00' 1. Z OJ --DUE-55.11V_---O}.L0:__.5'100'_--4LL_PY--6 _2.-EE-90.-QT J - >I �j'j`1 106.ar 106.ar 1,(a 7o Y O\Pm 17.135.73' J J S61.00'00'E 50238' -) N61•00'00••Y 212.00' ll aIce `- S61°00'00•E W � g]•E E3 9 Li _ METS COURT E411N61'00'110'11 zee.00' 9 I^rw se)Z N61.00 ar'Y 409..33" N 1 461'CO'00'V 302 38' Z) it /*/ (V STATE OF TEXAS 4 .4 q 0 Q © r S61•W'00'E 194 09' 1 © / 6 COUNTY OF NUECES 4 L..1 -TEE-Willi'--SE OP---SiFOdT--TO"."or--SEF-VT 00,--- 5'P'-I� r'-$$,�' 67-E 73.�D' G�(j'E-- y? MIO%SF N 3 I,NIXON M.WELSH,REGISTERED PROFESSIONAL LAND SURVEYOR Z f IC 9.09'� Q OF BASS&WELSH ENGINEERING,HEREBY CERPFY THAT THE 25'YRSli 3S 9' 47' FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE 1- 17 25'YR 25'YR I- n'YR 2S'YRYR -� �'�V' 9w CO GROUND UNDER MY DIRECTION,IS TRUE AND CORRECT AND THAT Z Iih WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON �� ,p, -m COMPLETION OF SUBDMSION CONSTRUCTION IMPROVEMENTS CI $,4 gE g$ 8y ©g$ . ya8 $ ?3m $m $A� B =1n WITHOUT DELAY. B IB 19 20 2t 22 }0. 6" I' 1 2 I A 1 3 g b 4 B, 3 ..' ... W 716 THE DAY OF a•a 689]SF 8 6995 SF d 6997 SF 3 7000 SF g- 7002 SF b•4 82%SF n 8 S qq�;;P y�7323 SF $.4 75%SF 13 ]599 SF 6988 Si' ti H H .. ��a N I W iA u I 9, 8799 SF `s`-`�, (U - rn N N O .:I I J ;a H€i NIXON M.WELSH N, REGISTERED PROFESSIONAL LAND SURVEYOR, I3'LE J N25 N23 _ L_ IS l�E ___J 1 __ J- TEXAS NUMBER 2211 59.1B' 60.DO' 60 00' 60.00' 60.00' 56.66' ,, I , 50 01' 65.00' 63.00' 65.00' 123.99' - N6D•57'44•Y JIS.99' 1 © (.3.... ) 960.S7'44'8 382.38' 17.S' STREET DEDICATION17.5' STREET DEDICATION N60'57'44W 1319. 82' _ 3sam VW ------- -- --- LIPES BLVD. --- - ----- - it$ B 0 25' 50' 100' <r 1.THE YARD REQUIREMENT,AS DEPICTED.IS A REQUIREMENT OF SCALE. I'= 50' THE(UDC)UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANCE AS THE ZONING MAY CHANGE. 2.THE RECEMNG WATER FOR STORM WATER RUNOFF FROM THIS PROPERTY IS THE 050 BAY.THE TCEO HAS CLASSIFIED THE AQUATIC LIFE USE FOR `-BROOKE RD. STATE OF TEYAS 4 THE 050 BAY AS'EXCEPTIONAL'AND'OYSTER WATERS'.ICE°ALSO COUNTY OF NUECES 0 CATEGORIZED THE RECEMNO WATER AS'CONTACT RECREATION'USE. WE,STAPLES DEVELOPMENT LLC,HEREBY CERDFY 1HAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN 3.SET 5/B'IR.'S AT ALL LOT CORNERS UNLESS OTHERWISE NOTED. H STATER THE BOUNDARIES OF THE FOREGOING PUT,SUBJECT TO A LIEN IN FAVORu STATE IXt. j`Y`\ THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDMDED AS SHOWN.THAT STREETS AND EASEMENTS AS 4.THE BASISAESTATES BEARINGS IS THE'OUTHWE3A BOUNDARY UNE OF SHOWN HAVE BEEN HERETOFORE DEDICATED IN FEE SIMPLE.OR IF NOT PREVIOUSLY DEDICATED.ARE HEREBY MANHATTAN UNIT 1,581'0000'E,AS SHOWN. ARK OR i DEDICATEDDESCRIPTION TO PUBLIC USE FOREVER,AND THAT THIS PUT WAS MADE FOR THE PURPOSES OF I---1 Qr DEDANDH DEDICATOR. 5.THE SUBJECT SITE UES IN FFIAA TONE'C'PURSUANT TO FEMA FLOOD MAP,COMMUNITY PANEL 60.485494 0540 C,NUECES COUNTY.TEXAS WALL IN THIS THE DAY OF 2p (UNINCORPORATED AREAS).REVISED MARCH 1!1,1985. \ ISLAND 'Pp 6.PRIVATE DRNEWAY ACCESS ONTO BRONX AVENUE AND LIPES BLVD.IS OLD S0. DR.ARK C PROHIBITED. ' TS CT ATA AZALl,PRESIDENT 7.THE SUBJECT SITE CONTAINS 16.607 ACRES INCLUDING STREET •SITE i ' STATE OF TEXAS I DEDICATIONS. COUNTY OF NUECES 3 HOSSEIN NOSTAGHASI,VICE PRESIDENT - THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY ATA AZAU AS PRESCIENT STATE OF TENAS 4 LIPES BLVD. (721 Timm,N DR OF STAPLES DEVELOPMENT LLC. COUNTY OF NUECES 4 AIRLINE P CROSSING DR. A �7r, A THIS THE DAY OF 2p t M; '' WE, TNA THE HEREBY CERTIFY THAT WE ARE THE HOLDERS H OF A UPN ON THE LAND ISIONEMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE A1J1 g NOTARY PUBIC IN AND FOR APPROVE THE SUBDIVISION AND DEDICATION FOR 111E PURPOSES AND CONSIDERATIONS THEREIN THE STATE OF TEXAS E%PRESSED. $OF STAPLES DEVELOPMENT LLC. ' p G3 0 M f#D Ecock 00. PRESIDENT DR. MAY 19 2015 LOCATION MAP o JUN 3 2015 J TITLE STATE OF TEXAS 4 STATE OF IOTAS g COUNTY OF NUECES 6 COUNTY OF NUECES ` PLAT OF PLANNING COMMISSION THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY HOSSEIN MOSTAGHASI AS VICE PRESIDENT TAR INSTRUMENT WAS ACKNOMTEOCEO BEFORE ME BY (NAME). ' THIS THE DAY OF .20_ (TITLE),OF_._.._ MANHATTAN ESTATES UNIT 7 . THIS THE-DAY OF 20� A 16.607 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF LOTS 27,26& - NOTARY PUBUC IN ANO FOR 29,SECTION 20,FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS.A MAP OF • THE STATE OF TEXAS WHICH IS RECORDED IN V.'A'.P.41 -43.MAP RECORDS,NUECES COUNTY,TX NOTARY PUBLIC, IN AND FOR THE CORPUS CHRISTI, NUECES COUNTY, TEXAS - STATE OF TEXAS DATE PLOTTED,05/07/15 BASS & WELSH ENGINEERING JB ra, AT-SHT1 FIRM NO. F-52, 3054 S. ALAMEDA ST. SCALE.I'•30' CORPUS CHRISTI, TEXAS 78404 PLAT SCALE SANE SKEET 1 OF 2 Exhibit 1 Page 1 of 2 42 I 41 w IW846 TAN ESTATES UNIT 36 O5 39 58 V. 67, P. 242, R R. 1 ` a 46 7 5 41 MANHATTAN„Es VIAT 5 _ MANHATTAN COTATES UNIT 36 O 37 JB - MANHATTAN ESTATES STATE OF TEXAS 30' 4 O� 7 _ V.85,P.296-308,Y.R. y. V. 67, 5. 242, M.R. S61'00'OC'E 658.63( UNIT V.69,P. 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L 1931E l95_UE__I I___7 15'UE 0 45.09' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 65.00' 27,42' 87_95' 50 42' 47.61' / :Is.54• I I _ I N61'00'0 V 197.SO' 560.57'44'E 141.37' N60'5'44•V 717.-' 74.00' 60.00' 60.OU__i - 17,Y ST. DEDICATION 17.9' STREET DEDICATION $ N29.00'00"E 17.50' N61'00'00'W 497. 43' CL L IPES BLVD __ N60°57'44"W 1319. 82' , N61°00'00"W 5.00' -- -- -- -- STAFF OF TEXAS 6 COUNTY OF NUECES 0 0 25' 50' 100• j P P N OO ll^i G D I I 0 0 EO THE 01541.PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY SCALE, 1'= 50' epi 11+90'01.31' 0.90.01'3l' 0.48.45'01' THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS STATE OF TEXAS 4 l JUN 3 'illi •,+/ R•IS 00' Mi0.OCT R:35.W' CHRISTI,TEAS 1415.01' T+l0.OD' 1,13.86' COUNTY OF NUECES 6 • L.23 97' L.15.71' L.29.78' - FINAL 15,4 CB.NIS•99'15'11 f,B+S36.37'P9'E THE A1,PLAT OF THE HEREINDESCRIBED PROPERTY WAS APPROVED ON BEHALF 01. PLAT OF PLANNING COMM SSION CH.21.22' CH.14.15' CH.28.89' RAV14A POTTUYUTHU,P,E..LEED.PP THE CITY OF CORPUS CHRIST.TEXAS BY THE PLANNING 000.11415510N. DEVELOPMENT SERVICES ENGINEER THIS,,,E_DAY OF 20_^ MANHATTAN ESTATES UNIT 7 (CONTINUED) 0 0 0 1.89.58'29• D•IB'86'01' 1.277.30'03• SECRETARY CORPUS CHRISTI, NUECES COUNTY, TEXAS R+10.00' R.35 00' R+5.6,W' 1.10.DO' T+IS 86' T=49.II' �� DIWRM,W L•19.]0' L+29.]8' ..271.!?P' PHILIP J.RA IRE./.IA,DEED AP DANIEL M.CRIMSEO,PE,A-I.C.P. GATE PLOTTER 0.5/pl/15 CB.14.I4''a5•E CB•S95.2Y 31•E 01.73.85''00'E BASS U. WELSH ENGINEERING .Ti00s ND! PLAT-sH2 cH=u.10' CI*28.89' CM+73.US' FIRM NO. F-52, 5054 S. ALAMEDA ST. SCALE,I'+50' CORPUS CHRISTI, TEXAS 78404 PLAT SCN•E'SAME __ .... ....__ _-.__. ...._ SLEET 2 0° Exhibit 1 Page 2 of 2 BRONX DR. /7-- 42 I 41 4 40 �/ 39 ,,,,1'1ii I O 25' BC 38 37. 5' HALF ROW- 37 I 36 35 34 7 pi 33 ;13 t- 0 v 60 \ Cl m d w 3 n) e I 14 z iv I D I— 15 a z _ rt 16 "' I . D AIRLINE rji 0 100' 200' 400' CR❑SSING DRIVE 17 N C 18 z-I SCALE: 1"= 200' 1 19 20 21 0 EXHIBIT SHOWING LIPES BLVD. IMPROVEMENTS I 22 1"=200' GIANTS 23 DR I VES` ``.- I rte' .�t�1 1 t-`E ot<. ...kr �* * °-.4t 2 sl►: .. Pi I _ Q ) rI 3 NIXON M.WELSH N 4 .s— �o• � 362*Es, 49�o �� o� Nz 0lY�11 EAG d 5 Fifillb ����,`/' BASS AND WELSH ENGINEERING If CORPUS CHRISTI, TX / / SURVEY REG. NO. 100027-00, 04 13 16 TX ENGINEERING REG. NO. F-52, 4 FILE: EXB-STR, JOB NO. 15004, f SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 04/15116, SHEET 6F 1 Exhibit 2 agc 11 of • 57.5' STREET ROW 20' 37. 5' CL FUTURE 75' STREET ROW 25' BC 12.5' EDGE OF PAVEMENT Ili 1.0' TYP. ELEVATION SHALL TRANSVERSE NOT BE NOT MORE SLOPE 2X TO 4X THAN 3' BELOW NG _ NG _ NG 2% ------ GRADE 4: 1 --`• T❑ MEET NG 4' WIDE R/C WALK COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY 6" CITY STD. R/C 8" CRUSHED LIMESTONE BASE TO MEET CURB AND GUTTER REQUIREMENTS OF CITY STANDARD SPECIFICATION 025222 "FLEXIBLE BASE - HIGH STRENGTH". 2" TYPE "D" HMAC SURFACE COURSE ON PRIME COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A COAT ® 0.15 GALLONS PER SQUARE YARD (NO MOISTURE CONTENT NOT LESS THAN 1% POINT SEPARATE PAY FOR PRIME COAT) BELOW OPTIMUM MOUSTURE NOR MORE THAN 3% POINTS ABOVE OPTIMUM MOISTURE. EXTEND TO 2' 8" LIME STABILIZED SUBGRADE TO 2' BC AND BC. 4" MIN. THICKNESS BENEATH C&G AND TO 2' BC COMPACTED TO 98% STANDARD PROCTOR DENSITY WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE ON THE HIGH SIDE. LIME SHALL BE APPLIED AT THE RATE OF 27 LB/SY. 8" THICKNESS BENEATH C&G AND TO 2' BC TYPICAL HALF-STREET SECTION - LIPES BLVD (57.5' ROW) LOOKING NORTHWEST, STA 1 +45 TO STA 8+67 NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT1, JOB NO. 15004, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: Exhibit 2 4/1PagoH2EET o1 QF 1 75' STREET ROW 50' BB STREET CL STREET ROW 1 1' 25' 25' EXISTING PAVING VARIES f MATCH EXISTING PAVING `EXISTING PAVING EXTENDS 1.0' TYP. AT JUNCTION OF EXISTING I INTO NORTHEAST HALF OF AND PROPOSED PAVINGSTREETS,ROWSEE INPLAN SOME -�� PLACE 2% \ � 2% --__= 1% - 4% `�►� _ --- - 4' WIDE R/C WALK 6" CITY STD. R/C 8" CRUSHED LIMESTONE BASE TO MEET CURB AND GUTTER REQUIREMENTS OF CITY STANDARD 2" TYPE "D" HMAC SURFACE COURSE ON PRIME SPECIFICATION 025222 "FLEXIBLE BASE - HIGH COAT © 0.15 GALLONS PER SQUARE YARD (NO STRENGTH". COMPACT TO 95% MODIFIED SEPARATE PAY FOR PRIME COAT). VERIFY 1 - 4% PROCTOR DENSITY AT A MOISTURE CONTENT FALL BEFORE CONSTRUCTING C&G NOT LESS THAN 1% POINT BELOW OPTIMUM MOUSTURE NOR MORE THAN 3% POINTS ABOVE 8" LIME STABILIZED SUBGRADE TO 2' BC AND OPTIMUM MOISTURE. EXTEND TO 2' BC. 4" COMPACTED TO 98% STANDARD PROCTOR DENSITY MIN. THICKNESS BENEATH C&G AND TO 2' BC WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE ON THE HIGH SIDE. LIME SHALL BE APPLIED AT THE RATE OF 27 LB/SY. 8" THICKNESS BENEATH C&G AND TO 2' BC TYPICAL STREET SECTION - LIPES BLVD (75' ROW) LOOKING NORTHWEST, STA 8+67 TO STA 19+67.26 NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT2, JOB NO. 15004, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: Exhibit 2 4/1PagcH of �F 1 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521-FAX 361 882-1265 Email: NixMW@aol.com TX Registration No.F-52 Survey Registration No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 MANHATTAN ESTATES UNIT 7 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09/01/15 STREET&SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6"CURB&GUTTER 6665 LF 14.00 93,310.00 2. 4"R/C WALK 27047 SF 4.00 108,188.00 3. 2"HMAC 11746 SY 17.50 205,555.00 4. 8"CRUSHED LIMESTONE BASE TO 2'BC 4632 SY 17.50 81,060.00 5. 6"CRUSHED LIMESTONE BASE TO 2'BC 10095 SY 13.25 133,758.75 6. 8"LIME STABILIZED SUBGRADE TO 2'BC 14727 SY 8.00 117,816.00 7. STREET SIGNS 6 EA 250.00 1,500.00 8. EXCAVATION 1 LS 60,000.00 60,000.00 9. CLEARING&GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET&SURFACE ITEMS $805,187.75 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10"PVC PIPE 114 LF 54.00 6,156.00 2. 8"PVC PIPE 1831 LF 48.00 87,888.00 3. 4"OR 6"PVC SS SERVICE 75 EA 450.00 33,750.00 4. DROP CONNECTION 7 LF 600.00 4,200.00 5. DEEP CUT SERVICE CONNECTION 2 EA 500.00 1,000.00 6. FG MANHOLE 6 EA 3,500.00 21,000.00 TOTAL SANITARY SEWER ITEMS $153,994.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15"RCP 179 LF 32.00 5,728.00 2. 15"HDPP 1057 LF 32.00 33,824.00 3. 18"RCP 264 LF 38.00 10,032.00 4. 18"HDPP 211 LF 38.00 8,018.00 5. 27"RCP 216 LF 50.00 10,800.00 6. 5'INLET 11 EA 3,200.00 35,200.00 7. MANHOLE 1 EA 4,000.00 4,000.00 8. ADJUST MANHOLE TOP 2 EA 2,500.00 5,000.00 TOTAL STORM SEWER ITEMS $112,602.00 Exhibit 3 Page 1 of 3 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521--FAX 361 882-1265 Email: NixMW@aol.com TX Registration No.F-52 Survey Registration No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 12"TAPPING SADDLE W/2"TAPPING GATE VALVE&BOX 1 EA 1,000.00 1,000.00 2. 6"PVC WTR 2396 LF 32.00 76,672.00 3. 6"TEE 3 EA 400.00 1,200.00 4. 6"CAP TAPPED FOR 2" 3 EA 300.00 900.00 5. 6"X 2"DOUBLE STRAP CONNECTOR 3 EA 250.00 750.00 6. 6"90°EL 4 EA 200.00 800.00 7. 6"GATE VALVE W/BOX 6 EA 975.00 5,850.00 8. 6"DIA X 30"PVC PIPE NIPPLE 9 EA 150.00 1,350.00 9. FIRE HYDRANT ASSEMBLY 3 EA 3,300.00 9,900.00 10. 6"CROSS 1 EA 500.00 500.00 - 11. 2"PE PIPE 431 LF 20.00 8,620.00 12. 2"CORP STOP W/BOX 3 EA 200.00 600.00 13. WATER SERVICE SINGLE 5 EA 550.00 2,750.00 14. WATER SERVICE DOUBLE 35 EA 650.00 22,750.00 15. REMOVE AND RELOCATE FH 1 LS 2,500.00 2,500.00 TOTAL WATER ITEMS $136,142.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 8,000.00 8,000.00 2. TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM PIPES OF ALL SIZES) 5747 LF 3.00 17,241.00 3. 4"PVC CONDUIT FOR AEP 200 LF 25.00 5,000.00 TOTAL MISCELLANEOUS ITEMS $30,241.00 TOTAL CONSTRUCTION $1,238,166.75 Exhibit 3 Page 2 of 3 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 361 882-5521-FAX 361 882-1265 Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 MANHATTAN ESTATES UNIT 7 OVERSIZE LIPES BLVD. COST ESTIMATE CORPUS CHRISTI, NUECES COUNTY,TX 12/22/15 STREET AND SURFACE ITEMS REIMBURSEABLE BY CITY FOR OVERSIZING LIPES BLVD. FROM 28'BB EQUIVALENT STREET TO 50'BB EQUIVALENT STREET(ONE SIDE OF STREET ONLY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 2"HMAC 2189 SY 17.50 38,307.50 2. 8"CRUSHED LIMESTONE BASE 2985 SY 17.50 52,237.50 3. 8"LIME STABILIZED SUBGRADE 2985 SY 8.00 23,880.00 4. EXCAVATION 1 LS 6,000.00 6,000.00 5. CLEARING&GRUBBING 1 LS 3,000.00 3,000.00 6. PAVEMENT STRIPING 1 LS 6,000.00 6,000.00 SUBTOTAL $129,425.00 11% ENGINEERING,SURVEYING&TESTING $14,236.75 TOTAL $143,661.75 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 • • • f City of Corpus Christi,Texas Department of Development Services City ofP.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3240 _ _Corpus Located at: 2406 Leopard Street =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: Q1L,,4 zQ.- / / STREET: I _ _ CITY: ( o s2 „s FIRM is: El Corporation 0 Partnership El Sole Owner association Q'Other it C, 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) /r/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 /r/4 Ir/4 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 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 /lam' 4 /r' 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 s c anges occur. J Certifying Person: L4„ [ i Title: (Print) Signature of Certifying Person: Date: -2-/-0, K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATI RMS\FOR S AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Page 1 of 2 Exhibit 5 I . I 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 STATEMENT 1.27.12.DOC Page 2 of 2 Exhibit 5 , . City of Corpus Christi,Tem Department oPDevelopment Services Oft City Of P.O.. x a277 j Corpus Christi,Texas 76469- 277 (361)626-3240 Corpus Located at: 2406 Leopard Street =Christi (C:omcr 01 Leopard St.and Port Ave 4111101.41111101116/1 SOO 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". y�/� `_ NAME: DS• -e7 e1 ,6S^e p{'a� i� SDS Y14.S1) 78/1/4- FIRM ,f STREET: � 84f kc: IOC ' CITY: �-Of S } c 54--I ZIP: I(.7`7�/4L FIRM is: ❑ Corporation El Partnership El Sole Owner ❑Association El 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) 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 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 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 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 o :ny information requested; and that supplemental statements will be promptly submitted to the City of Corpus Chi' , Texas as changes occur. Certifying Person: - g 0 E 116571-C145 I Title: Uvitt,\ (Print) MIIP" Signature of Certifying Person: Date: 41 -gs- up K:\DEVELOPMENTSVCS\SHARED\LAND DEVEL.OPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT'__'_12.DOC-. . .. .. _ Paae 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT)2712 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. 2016-45375 Staples developement LLC 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 04/26/2016 being filed. city of corpus christi Date kn wledged: 1\ J 'I 3 Provide the identification number used by the governmental entity or state agency to track or identify the con rac,and provide a description of the services,goods or other property to be provided under the contract. Manhattan unit 7 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. :gn f aut •rized ..- t o contracti business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn°and subscribed before me,by the said /7/'77-- O '7 tY(1s 1114--- —�Q 4...:,ay of 4/Xi- , 20 /Xi- 20/ SO ,to certify which,witness my hand and seal of office. I °‘gaP'e';:_ ROSIE LOPEZ as > �' �°= ID# 481064-5 p A - `V I) Notary Public sy� _., 04 STATE OF TEXAS 411. </ c,1 My Comm. Exp. 0Z-15-2017 2 S Pi rem •L' •44*". c c /— Signature of o'icer admin g o.110 Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 t . CERTIFICATE OF INYERESTED PARTIES FORM 1295 1of1 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. 2016-44628 Staples Development, LLC 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 04/25/2016 being filed. (�� City of Corpus Christi Dat Ac nowledge�: ,/ 3 Za 1� �V g Provide the identification number used by the governmental entity or state agency to track or identify the on act,and provide a description of the services,goods or other property to be provided under the contract. Manhattan Estates Unit 7 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 li 6 AFFIDAVIT I swear,or affirm,under penalty of perju , hat the above disclosure is true and correct. 43' % JENNIFER ELAINE CANALES Notary Public MATSois OF TEXAS 1 DSSI T“).45). 43m �Cl Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE c (���(y(��q Sworn to and subscribed before me,by the said I-Aossti W 1"L`�1►lQS(this the 9L day of d I 20 t ,to certify which,witness my hand and seal of office. V rokoatitet6) .inri‘tor [,I nQ eavra t c . Signatu e of o icer administering oath Printed name of officer administering oath Title of officer administer g oath Fo provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 ' , , • .. Docs 211 1 7004:264- Pages 25 i� fM O2/03/2U17o:O3ds of Official R_e- NUECES COUNTY KARA SANDS COUNTY CLERK Fees $111.00 restricts the Sale, Any provision herein which Rental or use of the described REAL PROPERTY because of Race? Color? Reli9ion, Sex? Handicap, Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW? 3/12/S9. STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this inPtrumPndatnnwaatFILE D in file number sequence on the e b9 me+ and was duly RECORDED time stamped herein_ein Records of in the Official Public Nueces County? Texas KARA SANDS r •. c;om: �t�P C r of Corpus �nris De.c )pment Servi / Special Service. 2406 Leopard, Suite :cesC0 C2 rpus Christi, D( 78408