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HomeMy WebLinkAboutC2018-719 - 12/4/2018 - Approved PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossing Per UDC §8.4 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 designee, and MPM Development, ("Developer"), a Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a portion of Lots 10, 22 and 23, 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 Royal Creek Estates Unit 8 ("Plat"); WHEREAS, as a condition of the Plat, the Developer/Owner is required to expand, extend, and construct Oso Parkway approximately 1384 lineal feet of 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 Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas 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 Section 212.071 & 212.072 of the Texas 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 Developer agree as follows: Section 1. RECITALS. 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. Section 2. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will construct the Roadway Extension for and on behalf of the ,;+„ nnrnrrianrP with the plans and specifications approved in advance of construction by C2018-719 "the City. The parties acknowledge and confirm the total cost 12/04/18 e Roadway Extension, which estimate is attached to and Res. 031609 MPM Development SCANNED incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion 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. Section 3. CITY PARTICIPATION. 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 $185,005.37. Section 4. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Developer'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 Developer at the address shown in section N of this Agreement. Section 5. PERFORMANCE BOND. In accordance with the Texas Local Government Code, the Developer 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. The Developer shall submit proof of the required performance bonds to the City. Section 6. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Development Services Department. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Section 7. CONSTRUCTION CONTRACT DOCUMENTS. Developer 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. Section 8. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. Section 9. WARRANTY. The Developer 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. Page 2 of 9 Standard Form Participation Agreement Version 10.31.18 Section 10. INDEMNIFICATION. DEVELOPER 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 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 ROYAL CREEK ESTATES UNIT 8 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. Section 11. DEFAULT. The following events shall constitute default: 1. Developer fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Developer does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Developer 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. Page 3 of 9 Standard Form Participation Agreement Version 10.31.18 4. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 12 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. 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 Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section N, of the need to perform the obligation or duty and, should the Developer 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 Developer. 5. In the event of an uncured default by the Developer, 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 Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer 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 Developer has all its remedies at law or in equity for such default. Section 13. 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; Page 4 of 9 Standard Form Participation Agreement Version 10.31.18 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. Section 14. 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 Developer: City of Corpus Christi MPM Development, L.P. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi 2406 Leopard Street/ 78401 426 S. Staples St. P.O. Box 9277/78469-9277 Corpus Christi, Tx 78401 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. Section 15. PROJECT CONTRACTS. Developer'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. Page 5 of 9 Standard Form Participation Agreement Version 10.31.18 Section 16. DISCLOSURE OF INTEREST. In compliance with City of Corpus Christi Ordinance No. 17112, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 17. VERIFICATION REGARDING ISRAEL. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Section 18. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Section 19. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/oovernment/city- secretary/conflict-disclosure/index Section 20. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of Page 6 of 9 Standard Form Participation Agreement Version 10.31.18 competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 21. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 22. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 23. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 24. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 25. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Section 26. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 27. NON-APPROPRIATION. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Section 28. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer 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 DECEMBER 4, 2020. (EXECUTION PAGES FOLLOWS) Page 7 of 9 Standard Form Participation Agreement Version 10.31.18 EXECUTED in one original this 7/74 day of 2018. ATTEST: CITY OF CORPUS CHRISTI Rg-14 _ 44._ tit-' 7 ,4ni ? // 7/' -Rebecca HuertaNina Nixon- dez City Secretary Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secreta , for the City of Corpus Christi, Texas, and acknowl-dged befor: - on the 13Th- day of , 18. No is ry Pu•1 ic, State of Texas rP ••, ' �,r "' �.t MQNIQUE TAMEZ LERMA otrxu� t•/ \0 ID# 1146231-1 _f:1/17,7\-,01 _ * STNotary Public THE STATE OF TEXAS § .................. W My Comm. Exp. 0123 2021 § COUNTY OF NUECES § This instrument was signed by Nina Nixon-Mendez, Director of Develo ent Services, for the qfk ity of Corpus Christi, Texas, and acknowledged before me on the imday of I/ ( ,`20018. �n)V� �� v G� . 'YP•• V PENA 1� ` � ,.�PA...�a•.• ULTRA Notary Public, State of Texas :_/'_��•��: NOTARY PUBLIC `' �Q di• State of Texas "•'.of``•" Comm.Exp.12-02-2019 APPROVED AS TO FORM: This / day of r , 2018. -1r /*"wC U-S-41).31.(121i HU ILL. Assistant City Attorney For the City Attorney o r�UNCfI I Z ' cr'/`!frTP QV Page 8 of 9 Standard Form Participation Agreement Version 10.31.18 DEVELOPER: MPM DEVELOPMENT, L.P. Mossa-Moses Mostaghasi ate General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on (Autru . 2- , 2018, by Mossa Moses Mostaghasi, General Partner of MPM Development, L.P., a Limited Partnership, on behalf of said partnership. .=',";:aYp'' CINDY BUENO ► 1VW^ Y"�� •�r�•''•'' < ID# 1178588-3 ► ` Notary Public •'^ ,` STATE OF TEXAS ' Notary Publi 's Signature 4 ?reo'''''' My Comm. Exp. 11-04-2019 ► Page 9 of 9 Standard Form Participation Agreement Version 10.31.18 STATE OF TEXAS 9 STATE OF TEXAS 9 COUNTY OF NIECES 9 COUNTY OF NUDGES 9 RE, ___(NAME).HEREBY CERTIFY THAT WE APE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNOARES OF THE FOREGOING NAP AND TINT VIE APPROVE WE,MPM DEVELOPMENT,LP,MEREST CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE SUBUMSION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. THE BOUNDARIES O THE FOREGOING PUT,SUBJECT 10 A LIEN N FAVOR O' THAT WE HAVE HAD SAID LAND SURVEYED AND EUBDMDED AS SHOWN,THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE OEOICATEO.OR IF NOT PREVIOUSLY DEDICATED,ARE HEREBY DEDICATED Bl. TO THE PUBLIC USE FOREVER ARD THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION ANL DEDICATION. TILE: THIS THE_DAY OF 20 NOSSA MOSTA(9N51,GENERAL PARTNER STATE OF TEARS 9 COUNT,'OF NIECES 9 THIS INSTRUMENT WAS ACKNOWLEDGE BEFORE ME BY (NAME), (T TLE),OF STATE OF TEXAS 9 DAIS THE__DAY OF 20_ COUNTY OF NIECES 9 THIS INSTRUMENT WA5 ACKNOWLEDGED BEFORE ME BY 110501 MOETAGNA51. 0 400' HOG' 1600' wormy PUBLIC. IN AND FOR THE STATE OF TEXAS THrs THE_DAY of 20_._, SCALE, 1'= 800' gyp.Q,. m. ST,fAA S" NOTARY PUBLIC,IN AND FOR THE B g $' STATE OF TEXAS a g g,i j .4 8 g J g v 8 1 •I 1 'LJ' f Ig _ g g STATE OF TEXAS 9 $II KDulx w. L�IA)i i N COUNTY OF NIECES 9 STATE CF TEXAS 9 'E - THE FINAL PUT OF TIE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT Q U Y E DR.; OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRSTI,TEXAS COUNTY OF NIECES 9 ; £ kI a" - 3 I.MIXON M.WELSH.REGISTERED PROFESSIONs.LAND SURVEYOR CF BASS&WELSH [TATER�' E g —� —_�fi ROUND WARE SiREEt Ff� Imam IN ENGINEERAG,HEREBY DEPUTY THAT THE FOFR;C NG PLAT WAS PREPARED FROM A Z_ RATNA POENDWJTHS,PE,LED.:' I I I SURVEY MADE ON THE GROUND UNDER MY DIRECTION ANO THAT ITS TRUE AND - h F�(J ' a DEVELOPMENT SERWCES ENGINED:, �( CORRECT. N _ QIINZVERE LFT N d r.TIN PL I DATE THIS THE DAY OF. 10_: il_li (S3$_ Iglimp -- ` SITE' Cr �1 � ��9, NOON M,WELSH.R.P,L.S. \\ LEMS own NI petuCESS 1% �' ``_ STATE OF TFJIAS 9 °; a a I UUU dI 125DN LR. ` COUNTY OF NIECES 9 g THE FINAL PUT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE OM OF 5 CORPIS CHRISTI,TEAAE BY THE PLANNING COMM5510N, 6 THIS ME_EAY OF 20_ 0,0 L ERC VILLARREAL,P.E. WTLLWI J.GREEN,P.E CHNRNAJ INTERUM SECRETARt' LOCATION MAP rL-'P uti CO W (, I'-800' '' SIJ1 to FEB 21 2BIS J PLANNING COMMISSION NOTES: STATE OF TEUS 9 1. THE YARD REOUIREAENT,AS DEPICTED,5 A REW1318E1 8'OF THE UNIFIED DEVELOPMENT COUNTY OF NUECES 9 CODE(WC)AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE, I,KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY.DO REECHO TERM THAT 2. THE RECEIVING WATER FOR STORM WATER RUNOFF FROM MLS PROPERTY IS THE DSO CREED. THE ICED HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK,BUT IT IS THE FOREGONC INSTRUMENT DATED THE DAT CF 20_WITH ITS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA THE OSC CREEK FLOWS DIRECTLY INTO THE OSO BAY.THE TOED HAS CIASSIFIEO THE AOUATC LIFE USE FOR THE 550 BAY CERTIFICATE OF AUTHENTICATION,WAS FILE FOR RECORD IN MY OFFICE THE. DAY OF AS'EXCEPTRMAL'AND'OYSTER WATERS'AND CATEGORIZED THE RECENINC WATER AS 'CONTACT RECREATION'USE. 20_Al _O'CLOCK _A.,AND DUTY RECORDED THE 3 SET SJ8'IR.'S AT LOT ALL CORNERS UNLESS OTIERMSE NOTED_MI SET CR.'S CONTAIN ___DAY OF 20_Al_O'CLOCK._____.M.N THE IMP RECORDS PLASTIC CAPS LA ELED BASS AND WELSH ENGINEERING OF SAID COUNTY IN VOLUME FADE .INOTRUMENT NUMBER A. THE BASIS OF BEARINGS IS THE COMMON NORTHEASTERLY BOUNDARY OF THE SUBJECT SATE VATNE55 MY HAND AND SEAL OF THE COUNTY COURT N AND FOR SAID COUNTY AT OFFICE Al P AND THE SOUTHEASIERL"BOUNDARY LINE Or ROYA.CREEK ESTATES UNIT 5,N59'OT'i8'E, LAT OC • AS SHOWN. r CORPUS CHRSTL NIECES COUNTY.TEXAS.THE DAY AND YEAR LAST WINDER S. THE ENTRE SATE S IN FEMA ZONE HIS(EL 12).FEMA ZONES ARE FROM FLOOD INSURANCE ROYAL CREEK ESTATES UNIT 8 RATE WE,COMMUNITY PANEL 4854S4 0520 0,REVISED JUNE 4,1987,FOR NIECES COUNTY,TX.UNINCORPORATED AREAS.ME FEMA PRELIMINARY MAP AB355COS20G.NOT YET AN 10.544 ACRE TRACT OF LAND,MORE OR LESS,A PORTON OF LOTS 10,22,AND 25, O,: ADOPTED,INDICATES THE SUBJECT SITE TO BE N ZONE X.ZONE x(DOTTED)AND ZONE AE SFCTON AZ,FLOOR SLUFF AND ENCINA.FARM AND GARDEN TRACTS.A NAP OF WATCH IS -- --- (EL 12). RECORDED IN VOLUME'A',PAGES 41 -43.IMP RECORDS,NUECES COUNTY.TEXAS �/ DEPLOY DEPLOY KMA SANDS,CLERK S. THE TOTAL.AREA DF THIS PLATS 10.545 ACRES INCLUDING STREET DEIDAYONS. CORPUS CHRISTI, NIECES COUNTY,.T), TEXAS COUNTY COURT ..__.— I DAJOOOBTB Na.TTED.PLAY-S1/12/18 IR DWG NIECES COUNTY.TEXAS BASS & WELSH ENGINEERING 1 CORP. PLA FIRM NO. F-52, 3054 S, ALAMEDA ST. SCALE,AS SHOWN CORPUS CHRISTI, TEXAS 78404 SHEE SCALED r-w' I STEET L LOF 2 ROYAL CREEK ESTATES UNI!5 V. 68, P. 146 L 147, N.A. 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J .P't(}` II sc N O'1 3E9 • 5128 4l 39 3B ! i '"� ,' 7763 Si 7]63 Si� / �/ • 10730 SF\NJ,.�\ i/ ,6�9�P'Q\P��LS 9ySG D -� 4.•� - 50 • © OL, / 411- ..-O_„..-."1 i� `e' BA 'h rA.-lc3�t 4P1•t "2 S P --- -- --- 7763 SF ,/ 7A'/ /� `p(� p, \'\;i. .ryGi s.6�p.-�s,pt�aN°�,n o. 1- .. BtV�� ... _ 49 _ / i .�,P'1 - /gy \P'-�'"\ '27 \ -\\ `6,- 9si S-T1'\0 St91- U,,G`` m 312_ __o ,. 1✓ - ]]63 Sr 48 �'-- �,�'i SO FP S/ / �4,„V .'.(y.'• 10941 SF \ \d✓{Q is‘91'. y9 { ,5,?afA x . 16 47 ]]63 SF ' -OL^t, �3�` / \ �i igS� o S Ul 45 7763 Sr ' 7763 SF .t © ��! / / i 26 QI.� 41', G�LGp�rt5.�6`EO Q R 13 • 7763 Sr 7763 SF r / 'TOy0L',i � 13205 SF y G,0.<i't\t9•p\aG rt (U 7763 Sr .. .. y �' �(�/Fi .19,4'' Q�'JN' ...1 O Y u YR "l- -TQ-Q11� /� 'B' _- ..-- ° to 25'YR __$ _ _- t,(y,,,0L j6 TSC` ,,. 11205 Y /'f� O! 5�8i_^.� _5'ti 20.9.l:-- - -' © -/-p3 . 15 /-•" 75.75]AC. CITY OF CORPUS `l ,/ '�/ SpA 21 �' // CHRISTI, V. 8138, P. 624, D,R. • O'/ b - -A 11205 Si x'38 SECT. 22, FB L Ei L Gl, Y. f �� 1� / FN. P. 11-43. M.R. .n. o------__�-�- 23 O 0- lJ _.�Q1'l -. �� - 11205 Sc' Y.+ /// C liVIPPECAVE11))22 4:x _=_B�U1•W CU --'l m 12205 ST' / =II - 53-'01'--93.1'' E tsr'-YN 81 21 / �� BY 4 20 11205 SF A9 PLANNING COMMISSION B W 19 .y 11205 SF �,]� 4> 1,4 0 IB 2 11205 SF \ei' a 'IS• 16 17 11205 SF i g o: 11205 Sr 11205 SF $ �• 0 30' 60' 120' 6') tP Ba 38 ` $ SCALE. i'= 6P' t© _ _-- - e9.38' 47/,.Cy - 3e is DE - 89 0/6 �� PLAT OF ROYAL CREEK ESTATES UNIT 8 )5.]57 AC. CIT.16 CORPUS CORPUS CHRISTI, NUECES COUNTY, TEXAS GRIM,75 V Q138. P. 624, D.R. SECT. 22, FB L EF t 0T, Y. 'A'.P. 11-43, N R. DATE PLOTTED.1/19/18 BASS & WELSH ENGINEERING euNr -SN2,DVG JOH022 FIRM NO. F-52, 3054 S. ALAMEDA ST. SCALE.AS SHOOK CORPUS CHRISTI, TEXAS 78404 PLOT SCALE 2'.60 SHEET 2 OF 2 0 N D Exhibit 2 it N D W 0s v O 0A 80' ROW 40' B-B co N O N 0 75' 150' 300' oIN III II SCALE: 1'= 150' c, N O EXHIBIT SHOWING N �z- OSO PARKWAY IMPROVEMENTS w O 1"=150' -0 w A 7P, N N Ui 1i N T as N V arebrk.%.t ale.tE O F tF o co p.' * •..* o N1XOt M. WELSH s • 80' ROW ? ' - '°o,�;.*Es1 A %� OM111'' 40' B-Bwo O KING HENRY PL. r"rI9/7/18 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, PARK TX ENGINEERING REG. NO. F-52, FILE: EXB—STR, JOB NO. 16022, SCALE: 1" = 150' PLOT SCALE: SAME, PLOT DATE: 9/17/18, SHEET 1 OF 1 Exhibit 2 80' STREET ROW 14.5' 40' BB STREET 25.5' 4" TYPE "D" HMAC ON PRIME COAT 0 0.15 GALLONS PER SQUARE YARD - 8.5' UNLESS SHOWN 20' 20' OTHERWISE 1 ' 5" CROWN FROM CL STREET 1% LIP OF GUTTER 1% i PROP. 4' %///////. %////A PROP. 8' WIDE RIDE R/C R/C WALK WALK (EQUIVALENT TO WALKS) COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER 6" CITY STD. R/C CURB AN'D WALKS (TYP.) GUTTER (TYPICAL BOTH SIDES) 11" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH MODIFIED PROCTOR DENSITY AT A MOISTURE SIDES OF STREET AND COMPACTED TO 95% STANDARD CONTENT +/- 2% OF OPTIMUM MOISTURE PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION - OSO PKWY_ NTS ofTr.4. Aria f '" * ••• testt NIXON M.WELSH •e; X40 :r ��,�E;•;'fCI ST ESE G�• � NAL%Se" BASS AND WELSH ENGINEERING FCORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, 10/18/18 TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT O-PKWY, JOB NO. 16022, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 10/18/18, 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 ROYAL CREEK ESTATES UNIT 8 PRELIMINARY COST ESTIMATE 08/24/18 STREET&SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 6"CURB&GUTTER 3083 LF 14.50 $44,703.50 2 4"THICK CONCRETE WALK _ 18118 SF 4.50_ 81,531.00 3 2"HMAC _ 504 SY 17.50 8,820.00 4 4"HMAC 5536 SY 34.00 188,224.00 5 8"LIME STABILIZED SUBGRADE 7409 SY 8.00_ 59,272.00 6 6"CRUSHED LIMESTONE BASE 672 SY 15.00_ 10,080.00 7 11"CRUSHED LIMESTONE BASE 6737 SY 24.00 161,688.00 8 STREET SIGN _ 1 EA 350.00 350.00 9 EXCAVATION 1 L5 6,000.00 6,000.00 10 END OF ROAD BARRICADE 1 EA 975.00 975.00 11 CLEARING&GRUBBING 1 LS 1,000.00 1,000.00 $562,643.50 STREET&SURFACE ITEMS(OVERSIZE OSO PARKWAY,FOR CITY REIMBURSEMENT) QUANTITY UNIT UNIT PRICE AMOUNT 1 4"THICK CONCRETE WALK 5778 SF 4.50 26,001.00 2 OVERTHICKNESS 2"HMAC TO 4"HMAC=2"HMAC 5536 SY 17.50 96,880.00 3 OVERTHICKNESS 8"CRUSHED LIMESTONE BASE TO 11"CRUSHED LIMESTONE BASE=3"CRUSHED LIMESTONE BASE 6737 SY 6.50 43,790.50 (THESE ITEMS NOT INCLUDED IN TOTAL BELOW) $166,671.50 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 18"RCP 138 LF 44.00_ 6,072.00 2 24"RCP 83 LF 55.00 4,565.00 3 27"RCP 140 LF 58.00_ 8,120.00 4 30"RCP 1366 LF 60.00 81,960.00 5 42"RCP 410 LF 63.00 25,830.00 6 5'INLET 9 EA 3,200.00 28,800.00 7 7'INLET 2 EA 3,800.00 7,600.00 8 MANHOLE 4 EA 15,000.00 60,000.00 9 END OF PIPE RIPRAP STRUCTURE 1 EA 2,000.00 2,000.00 $224,947.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 8"PVC PIPE 1368 LF _ 50.00 68,400.00 2 4"OR 6"PVC SERVICE 36 EA 480.00_ 17,280.00 3 FIBERGLASS MANHOLE 4 EA 3,900.00 15,600.00 $101,280.00 Digitally signed by William J.Green,P.E. DN:cn=William 1.Green, P.E.,o=Development Services,ou=City of Corpus Christi,Texas, email=billg@cctexas.com ,c=US Date:2018.11.01 12:49:51-05'00' Exhibit 3 Page 1 of 2 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 12"WATER GRID MAIN ITEMS REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT r 1 12"PVC PIPE 1384 LF 60.00 $83,040.00. 2 12"CAP TAPPED FOR 2" 1 EA 350.00 350.00 3 12"TEE 4 EA 850.00 3,400.00 4 CRUSHED STONE EMBEDMENT FOR 12"WATER 1384 LF 30.00 41,520.00 5 DEWATERING FOR 12"WATER 1384 LF 20.00 27,680.00 6 6"PVC PIPE NIPPLE 9 EA 250.00 2,250.00 7 6"GATE VALVE WITH BOX 3 EA _ 950.00 2,850.00 8 6"90°ELBOW 3 EA 300.00 900.00 9 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000.00 $173,990.00 WATER ITEMS(NON-GRID MAIN) QUANTITY UNIT UNIT PRICE AMOUNT 1 WATER SERVICE,DOUBLE 16 EA 600.00 9,600.00 2 WATER SERVICE,SINGLE 4 EA _ 500.00 2,000.00 3 6"PVC PIPE 230 LF _ 32.00 7,360.00 4 6"GATE VALVE WITH BOX 1 EA 950.00 950.00 $19,910.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL&BARRICADING PLAN&PERMITTING(TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 5,000.00 $5,000.00 2 TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER&STORM SEWER PIPES OF ALL SIZES) 5145 LF 3.00 15,435.00 3 4"PVC CONDUIT FOR AEP 200 LF 25.00_ 5,000.00 4 STORM WATER POLLUTION PREVENTION 1 LS 4,000.00 4,000.00 $29,435.00 TOTAL CONSTRUCTION $1,112,205.50 Digitally signed by William 1. Green.P.E. DN:cn=Williim 2.Green,P.E., OBI '•• o=Develoopment Services, olmCiry fcorpv,Chri ti. ,.„•.•,•~•.�..,•• emalbWBgpccteeas.com, c=US Date:2018.11.01 12:50.19 -05'00' Exhibit 3 Page 2 of 2 Exhibit 4 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. Page 1 of 3 Exhibit 4 H. 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. Page 2 of 3 Exhibit 4 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. Page 3 of 3 • Exhibit 5 City of Corpus C6riati,Texas Cityof Department of Development Sen ices 1 P.O.Box 9277 Corpus Christi.Texas 78,469-9277 Corpus (361)826-3240 �► tib 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: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ®Corporation 0 Partnership 0 Sole Owner 0 Association 0 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. Certifying Person: Mossa (Moses) Mostaghasi Title: General Partner (Print) Signature of Certifying Person: Date: 10-15-18 K:`DEVELOPMENTSVCSISHARED`LAND DEVELOPMENTORDINANCEADMINISTRCXtsAPPLICATtON FORMS FORMS AS PER LEGAL•,2u12'•DtSCLOSURE OF INTERESTS Page 1 of 2 STATEMENT]..2712.DOC Exhibit 5 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KDEVELOPMENTSVCS'SHARED'•I AND DEVELOPMENDORDINANCE ADMINISTRATION APPLICATION FORMS`FORMS AS PER LEGAL•2012 bISCLOSURE OF INTERESTS STATEMENT!27.12.DOC Exhibit 5 Page 2 of 2 . ,. � Orn 7\�` ^�l�� � � <� /- F�<o- „Fh3713,13.42 u s,:srist tei. wo (78 City of r. Devel°Pment services 2406 1 0:e0 h--raisr: 408) 17 ��p�hn . Doct ��0 1 8'0 F�3 8 3 2 t Pages 22 12/20/2018 2:16PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $95.00 Any nrovision herein which restricts the Sole! Rental or use of the described REAL PROPERTY because of Race, Color, Relisinn, 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 wus FILED in file number senuence on the dote and at the time stomved herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS _��. ^ ��-����_ ����