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C2017-487 - 10/17/2017 - Approved
Dcr :: 20170-50036 AMENDMENT TO THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT This is an amendment to the Distribution Main Extension Construction and Reimbursement Agreement originally dated October 14, 2016, by and between: Vantage at Corpus Christi, LLC and the City of Corpus Christi. This amendment is related to correcting the reimbursement amount. The terms and conditions of the original agreement remain effective and in full force, except for the following changes: NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Article 15 Reimbursement to read as follows: 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner, the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $38,706.33 (including $4,154.50 previously paid) as shown in the attached Exhibit A, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner upon invoicing for work performed. The reimbursement will be made no later than 30 days from the execution of this addendum. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the Improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion d the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. EXECUTED by the PARTIED, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. City Secretary CITY OF CORPUS CHRISTI Willi J. Green, P.E. Interim Director of Development Services APPROVED AS TO FORM: Se� ��N�� , 2017 171A06 .014:0 Buck Brice 2017-487 10/17/17 Ord. 031274 Vantage at Corpus Christi LLC 'INDEXED 1?1U ;T mom __ID1 LL► p+ SECRETTARV 1* Vantage at Co By: us Christi, LLC. Davi• Starr Manager/President STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on day of , 2017, by David Starr, Manager/President, Vantage at Cojrpus Christi, LLC., a Delaware Limited Liability Company, on behalf of the company. j otary PutMic's Signature Version V1 0 3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE CERTIFICATION Certificate 2017-274427 Date Filed: 10/19/2017 Date A:k�o Number: edged: USE ONLY OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Vantage at Corpus Christi, LLC San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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 services, goods, or other property to be provided under the contract. Water line Reimbursement Agree Water Line Reimbursement - Lot 1 Block 1, Vantage at Up Road 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary David, Starr San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u Vex j er p:. alty of perjury, that the above disclosure is true and correct. 4 >~y>a s� •' LG c r L`�wrrv"��� LILIANA OLMO r• r' Notary Public, State 4 Texas 2020 ''; Comm. Expires 09-14-2020 e.� , . i (¢J/ ,;���r Notary ID 130821262 Sign. ure of authorized agent of contracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said r �n t k-this the 11,r I day of _,.� „� , 20 n, to certify which, witness my hand and seal of office / '! OiAtcEr I .',ACIM f(),\K rtUi Sii4natu • • I . . • ler administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www ethics.state.tx.us ENGINEERING SERVICES PO Box 9277 Corpus Christi Texas 78469-9277 1201 Leopard Street 3'd Floor Corpus Christi Texas 78401 Phone 361-826-3500 Fax 361-826-3501 www.cctcxas.com Construction Inspection 4917 Holly Rd.. Bldg. 5 Corpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 March 22, 2017 Mr. Christopher A. Weigand, P.E. Big Red Dog Engineering/Consulting 5710 Hausman Road, Suite 115 San Antonio, Texas 78429 Subject: Vantage at Up River Road located south of Up River Road and east of McKinzie Road (FM 3386)- (Public Water & Wastewater Improvements) Dear Mr. Weigand: We have inspected the Public Water & Wastewater Improvements that were constructed at the above named site. In addition, we also have your certificate of completion and are satisfied that the work was completed in accordance with the plans and specifications approved by the city. The contractor is held to a one-year warranty period of workmanship effective, March 21, 2017. Date of acceptance was based on final approval notification from the Engineering Services, Construction Inspection Division. The improvements are hereby accepted by the City of Corpus Christi for permanent maintenance and operation in accordance with current City policy. Sincerely, Lulu- Wayne Otto, P.E. Acting Construction Engineer for Engineering Services WO/pg CC: Development Services/Building Official Development Services/Land Development Capital Programs/Construction Inspection Capital Programs/Design Stormwater Operating Department/Director Street Operating Department/Director Traffic Operating Department/Director Wastewater Operating Department/Director Water Operating Department/Director March 16, 2017 City of Corpus Christi Engineering Services 4917 Holly Rd, Bldg 5 Corpus Christi, TX, 78411 Re: Vantage at Corpus Christi Sewer/Water Line Certificate of Completion To whom this may concern: Based on the information and documentation provided by the contractor, the public water and sewer line and improvements were completed and installed in general conformance with the construction plans and City of Corpus Christi standard specifications. Please reference the plan of records for any further details. As always, if you have any questions, comments or would like to discuss things further, please feel free to contact our office. Sincerely, BIG RED DOG Engineering I Consulting —Texas En:' No. F-11201 P. Russell President rrnx ST*** 1? UTILITIES, INC 1501 N Water St. Burnet, TX 78611 / 512-756-5012 (phone) / 512-756-5015 (/ax) / tristar.bb@gmail.com Construction Invoice Vantage @ Corpus Christi 10113 Up River Rd Corpus Christi, Texas 78410 PUBLIC WATER - Offsite Trench Protection 6" C-900 DR -14 Reconnect Exist. Service 6" Valve Box 6" Gate Valve 6" Pipe Fittings Tie 6" to Exist. Line Pothole & ROW Prep Mobilization, testing, staking, haul -off, sand Submitted By: Barrett Branon 340 If $2.00 340 Is $100.00 4 ea $1,500.00 2 ea $500 00 2 ea $1,450.00 1 ea $4,200.00 1 ea $3,000.00 1 Is $2,000.00 1 Is $13,030.00 15 -Jan -17 $680.00 $34,000.00 $6,000.00 $1,000.00 $2,900.00 $4,200.00 $3,000 00 $2,000.00 $13,030.00 $66,810.00 Total Amount: $66,810.00 Page 1 of 1 APPLICATION AND CERTIFICATION FOR PAYMENT TO CONTRACTOR: Crane Residential. LLC PROJECT Vantage g Corpus 5719 Kernv,ck :113 Up F.ver Road San Antonio.:. 78238 Corp,:s. Chi sti, TX 75410 FROM SUBCONTRACTOR: T t Star Utilities. Inc. 1401 N Water 6 suet. Tx 7861 CONTRACT FOR: Vantage 0 Corpus ARCHITECT. CONTRACTOR'S APPUCATION FOR PAYMENT Apw.atkin is made for payment, es shown below, in connection with the Contract. Continuaon Sheet. AIA Document G703, is attached. AIA DOCUMENT G702 PAGE ONE OF TWO PAGES APPLICATION NO Distribution to: PROJECT NO: ElOWNER APPLICATION DATE: 20-1£ QCONTRACTOR PERIOD TO: . ' •31-16 nARCHITECT CONTRACT DATE. OTHER 1 ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 +2) 4. TOTAL COMPLETED & STORED TO DATE (Column G on 0703) 5. RETAINAGE a. 10 % of Completed Work 5 ;, •y_ 202 50 (C91tmn D • E on 0703) b. % of Stored Material 3 (Column F on 0703) Total Retainage (L,nes Sa + 5b or Toted in Column I of 0703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior 0702) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH. INCLUDING RETAINAGE (Liffe 3 less Line 6) 3 $ S s $ S 5 3 s The undersigned Contractor certifies that to the best of the Contractors IcloMedgo. information and belief, the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 866.005 23 CONTRACTORTl: Sttl 126620 OC. 992,62225 00 992.825 00 99.262.50 893 362 50 8.4.900.00 By Date.' - State of )CQ S Subscribed and sworn to before me this Notary Public: Rrikkidp OWNERSHIP (OR AGENT): 28,462.50 By: 99.262 50 CHANGE ORDER SUMMARY ADDITIONS Total c lenges approved in previous months by Owner so Q:_r Total approved this Month 5/2132000 DEDUCTIONS 60.00 TOTALS '3126 520 00 NET CNANGES by Change Order S12!5 52 _, uG IA DOCLA EMIki'b 'PPI:CA,10.ANOCCM,nc'no.J A PANALN: • 1P7r EDmON At IS 5000 60 00 $C 00 t County of: l3 t *. 1 e+ r�6yy'\day of Jj r -b i-..�.ailo My Commission expires: octl2p/ao;� { KARA SUE STARKEY ".4-1.t Notary Public, State of Teaes My Commission Expires September 28. 2011 Vendor#9: G.L. Code 6(03 Job #_ �3� p Budget Code# Contract W/CO's Previous Draws Balance This Invoice L 10% r runt to Pay r �ri Approval DA e ' aid X12 62co. 6/,I o ,00 GO' CID 2j[o2,c0 Office Approval Check # Date: Ie ion and :t I herein. mtractor r.Ie AA:emcw.,.0.0111.ITE OF M,I..TECT$ tr1 'C" "*K AVE N':. •N/$HMO,OV CC 20:065:51 CONTINUATION SHEET AIA DOCUMENT G703 AIA Ddcument G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing Contractors signed certification is attached In tabdlations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. PAGE TWO OF TWO PAGES APPLICATION NO 6 PROJECT NO: APPLICATION DATE: 1 -20-115 I A a �..,.... ,... v..m 'ITEM DESCRIPTION c D 1E G NC Of- WORK SCHEDULED VALUE WORK COMPLE FED MATERIALS PRESENTLY STORED (NOT IN DOREI TOTAL COMPLETED AND STORED TO DATE (DoE*PI eA (G -"f BOLANCH TO C - C-GG II RETAINAGE FROM PREVIOUS APPLICATION (D aE) THIS PERIOD 1 2 3 4 5 6 7 10 11 Public Water Private Water Public Sanitary Sewer N Private Sanitary Sewer private Storm Drainage Concrete Weir Misc. CO#1 Offsite Water)G0 ( CO#2 (Fire Line) $ 379135.00 $ 5491700 $ 6%235.00 $ 129990.00 $ 19%628.00 $ 2,200.00 $ 45,000.00 $ 94,425.00 $ 32,195.00 $378.13500 $54.817.00 So""0,235.00 3125.990.00 3199,625.00 :30 G0 545,000.00 585.070.00 SS32195.00 $0.00 $000 87.00 $000 33 00 52.20_00 SD 00 $29,42500 SD 00 20.GO 50.00 50.00 5000 30 00 00:00 5000 50.00 50.00 $378.13503 354,8`7.00 360 235.00 S125,990.00 $199.1328.00 $2200.00 $45.000 .CO0 Sc <i00 $32,195.00 10000% 100.00% ': C0.005�0 100.00% 100.00% 100 00`/a 00%3 100 00% 100.00% 23751350 86,02 35.48170 5 023 50 S1�o 9930 919.962.80 � 00.00 54.500.50 3s 442.50 GRAND TOTALS993.262.50 $982,625-00 $961,00000 _ 831,625.00 $992,625.00 100.00% 3957282 50 9 sties ENT G703 CGNTINWTI0N92ET FOR 6702. 1992 EMION-NA-&1993 vc vme..............�.... NEN NU CRANE CONTRACTING GROLF ' ;TD. 5719 KENWICK SAN ANTONIO, TEXAS 78238 (210) 523.1111 PAY TO THE ORDER OF BROADWAY BANK P.O. BOX 17001, SAN ANTONIO, TEX 3217 (210) 2836500 (800) 531.765u 88-2193/1140 011009 Twenty -Eight Thousand Four Hundred Sixty -Two and 50/100 Dollars DATE AMOUNT 12/19/16 *****28,462.50 Tri Star Utilities, Inc. 1501 N. Water Burnet, TX 78611 u0Q b b00 9I1° Io b b 010 2, 9 3 310 II°0000 9 b 6 9 7 2v CRANE CONTRACTING GROUP, LTD. 011009 Date Description Balance Due Deduction Net Amount 11/20/16 6380 app 6 28,462.50 28,462.50 Check Date Check Number 12/19/16 11009 CRANE CONTRACTING GROUP, LTD. Pay to: Tri Star Utilities, Inc. 28,462.50 0.00 28,462.50 011009 Date Description Balance Due Deduction Net Amount 11/20/16 6380 app 6 28,462.50 28,462.50 Check Date Check Number 12/19/16 11009 JP -300L NATIONAL DOCUMENT SOLUTIONS 800.325.3120 7264475 28,462.50 0.00 fair 28,462.50 CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Vantage at Corpus Christi Job No. 6380 On receipt by the signer of this document of a check from Crane Contracting Group, Ltd. in the sum of $ 28,462.50 payable to Tri Star Utilities, Inc. and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, or any common law payment bond, right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of Vantage at Corpus Christi, LLC located at 10113 Up River Road Corpus Christi, TX 78410 to the following extent: New Construction This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to Crane Contracting Group, Ltd. as indicated in the submitted invoice(s), statement(s), or progress payment request, except for unpaid retention, pending modifications and changes, or other items Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the submitted invoice(s), statement(s), or progress payment request(s). Company Name: Tri Star Utilities, Inc. By: Int. f4& i Title: \4p Signature: (7) STATE OF TEXAS COUNTY OF 'B 64— Date I2 -2o• Ito This instrument was acknowledged beforemeo( on the U day otD«[n btdy , 201e, by S(/►1 \AJ. I4,/C 1 o011—rl J irk-u,hI t f tC , ! Vt C, , for the consideration herein expressed, on behalf of same. SEM ghr(t'lk Notary Public in and for the STATE OF TEXAS KARA SUE StARKEY I otory Public. Stole of Te•os t My Commission Espires September 28. 2019 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on th s line; do not leave the line bank. Vantage at Corpus Christi, LLC 2 Business name/disregarded entity name, ff different from above Vantage at Corpus Christi 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: ❑ Individual/sole proprietor or S C Corporation ❑ S Corporation ❑ PartnershipTrust/estate ❑ single -member LLC Q Limited liability company. Enter the tax class cat on (C -C corporation, S=S corporat.cn, P=partnership) ► P 4 Exemptions (codes apply only to certain ionentsion, not individuals:). see Instructions on page 3): Exempt payee code (if any) Note. For a single -member LLC that is disregarded. do not check LLC: check the appropriate box in the line above for the tax classification of the single -member owner. Exemption from FATCA reporting code (if any) ❑ Other (see instructions) ► (/pp e0 f0 accounts mmptried oo.oxe Me U 5) 5 Address (number, street, and apt. or suite no.) 7334 Blanco Road, Suite 200 Requester's name and address (optional) 6 City. state, and ZIP code San Antonio, Texas 78216 7 List account number(s) here (optonal) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number. see How to get a Social security number — — TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number I guidelines on whose number to enter. 4 7 _14 7 01 9 6 0 6 Part 11 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on thls form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to r port ali Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or andonment of secur- property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other th (t Interest and dlviden, you are not required to sign the certification, but you must provide your correct TiN. See the instructions on page 3. Sign Signature of Here U.S. person,. General Instruction§, Sect on references are to the Internal Revenue Code unless otherwse noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An indiv dua or entity (Form W-9 requester) who is required to file an information return with the IRS must obta n your correct taxpayer identfication number (TIN) which may be your soca security number (SSN), individual taxpayer identification number (fTIN), adoption taxpayer identiricat on number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of nformaton returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or pad) • Form 1099 -DIV (dividends, including those from stocks or mutua funds • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds;; • Form 1099-B (stock or mutual fund sales and certa n other transactions by brokers) • Folin 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) 3/20/1 7 Date ► • Form 1098 (home mortgage interest), 1098-E (student loan interest. 1C98 -T (tuff on) • Form 1099-C (canceled debt; • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident aaen), to provide your correct TIN. If you do not return Foran W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By sgning the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be ssued). 2 Certify that you are not subject to backup withholding. or 3. Claim exemption from backup withholding 11 you are a U.S. exempt payee If applicable, you are also cert lying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (it any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat No. 10231X Form W-9 (Rev. 12-2014) DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § t)oct 2016051'369 Poses 33 12/12/2016 12:5011 Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK, rp°s $143.00 This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule munici-pality, and Vantage at Corpus Christi, LLC., ("Developer/Owner"), a Delaware Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on June 2, 2016 to develop a tract of land, to wit: approximately 19.74 acre tract of land, known as Vantage at Up River Road, Block 1, Lot 1 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, tlje Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contrad with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 340 linear feet trench protection 2. Install 340 linear feet 6 -inch PVC waterline 3. Install four (4)'/4 short service 4. Install two (2) valve boxes 5. Install two (2) 6 -inch gate valves 6. Install one (1) fire hydrant 7. Install 1.5 ton pipe fittings all saes and types 8. Install one 6 -inch water tie -In 9. Install one (1) hydrostatic testing 10. Install two (2) lump sum 2 -inch temporary blow offs b. The offsite Distribution Main Extension must begin at the south end of property and extend east alongside East Hartington Street and tie into existing waterline on West Harrington Street. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, spec cations, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements'), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Distribution Main Extension. DislnbuUon Main Reimb Agmt-Vantage at Carpus Chnsli-Vantage al Up River Road. 9A 1 Lot 1 vFinal Page 2 of 9 Standard Form Distnbullon Main Reimbursement Agreement Template Version 1 0 3 2916 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by August 9, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall ad promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. pEFAULT. The following events shall constitute default: a. Developer/Ownerfails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 80th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main E2tension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before August 9, 2017. f. Either the City or the Developer Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure d the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. 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. _ _ b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period') to cure the default. c. 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. d. Should the Developer/Ownerfail to perforin any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligafion or duty and, should the Developer/Ovmer fail to Distribution Main Reint AgmbVanlage at Corpus Christi -Vantage at Up River Road, Blk 1.1011 vFinal Page 3 of 9 Stanoar Form Distribution Main Reimbursement Agreement Template Version 1 0 3 2915 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/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/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. t In the event of an uncured default by the City after the appropriate notice and Cure Period. the Developer/Owner has all its remedies at law or in equity for such default 10. FORCE MAJEURE. a. The tens "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; 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. b. 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 ten (10) business 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 inabifty claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. 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: 1. If to the Developer/Owner. Vantage at Corpus Christi, LLC attn: David Starr 7334 Blanco Road, Suite 200 Distribution Main Revnb Agmt-Vantage al Corpus Christi -Vantage al Up Rk,er Road Blk 1. Lot 1 veinal Page 4 of b Standard Form Dlsldbuton Main Reimbursemenl Agreement Template Version 1 0 3 29.16 San Antonio, Texas 78216 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 784(11 P. 0. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. 0. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United Stales Postal Service, First Class mail, certified, retum receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. DeveloperlOwners contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main &tension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that Is the subject of this Agreement execute a performance bond If the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main E dension and the construction of the Distribution Man Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the DeveloperlOwnefs sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written Dislnbution Main Rehmb Agmt-Vantage at corpus DntlslWantage at Up River Road. Blk 1, 011 vPlnal Page 5 of9 Standard Form Dhrnbulion Main Reimbursement Agreement Template Version 1 0 3 29 16 authority and prior agreement in writing as to prices shall be done at the Contractors risk, and considered unauthorized end not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractors expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Devebper/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Develcper Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $4,154.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmantice manner, in accordance with the approved plans and specifications. and in compliance with the City's Infrastructure Design Manual, and all otter local, state and federal laws, codes and regulations, and must have been inspeded and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Ownerand at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES Distribution Main Reimb Agmt-Vantage at Corpus Christi Vantage at Up River Road. Blk 1 Lot 1 ,Final Page 6 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1 0 3 2916 SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit apprwdmately 19.74 acres of acres known as Vantage at Up River Road, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this dal of 20 . (EXECUTION PAGES FOLLOWS) ATTEST: CITY OF CORPUS CHRISTI Distribution Main Relmb AgmtVantage at Carpus Cbrmtbvantage at Up River Road Sik 1. Lot 1 vFinal Page 7 o19 Standard Form Distribution Main Reimbursement Agreement Template Version 1 0 3 29 16 Rebecca Huerta City Secretary 1e4 THE STATE OF TEXAS § COUNTY OF NUECES § Dan McGinn Interim Development Services Director This instrument was signed by Rebecca Huerta, City Secretary, for the C. of Corpus Christi, Texas, and ack •wledged •e ore me on the 04 -`day of 2016. Nat. Public, tate Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § ,65.!;:! MONJQUE TAMEZ LERMA Notary Pi:0 t� ( STATE OF TEXAS ` ply Comm. Exp 01.23.2017 This instrument was signed by e McGinn, Interim Development Services erector, for the it • pus Christi, Texas, and acknowledged before me on the pi day of •6. le Iic, State Of Texas APPROVED AS TO FORM 1144 g414/04 Assistant City Attorney — JUAN C LUGO My Commission Expires October 15, 2017 COMM g 1(i)1 2016 ........._.. 12Q SFr'RFTAR' [{{ Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road. Blk 1 Lot 1 vFinal Page 8 of 9 Standard Fomi Distribution Main Reimbursement Agreement Template Version 1.0 3 29 16 Va .�;��� . . us Christi, LLC By. +''W David tarr Manager/President STATE OF N€xp.S COUNTY OF Ace This instrument was acknowledged before me o -S-u\-1 , 2016, by David Starr, Manager/President, Vantage at Corpus Chr .ti, LLC, a De ware Limited Liability Company, on behalf of said company. tary Public's Signature fIP110Z9Z l 01 A1oloN 610Z -Z1•01 Seidx3 w1.1103 toxo] JO 11 101S 'alK7nd AtotON N1M0000 DIM Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up Raver Road, Blk 1 Lot 1 vFlnai Page 9 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29 16 1.) 'fatal planed area contains 19.74 acres of land (includes right—of—way dedication) 2.) ChristiSInner Harbor.lThe TCEO hos"cllassilied the aqurom atic lite p,: esu for the Corpus Christi Inner Hour es `ntermediate. J) Deadngs hosed CPS, HAM, Stole Plane Coordinate System. Texas South Zone 4205. 4.) 8y graphic plotting only. this property is in Zone b' al the Flood Insurance Rote Map, Community Panel Number 485464 0130 C. City of Corpus Christi. texas. which boars on effective dole of Jury 18. 1985 and 'm 001 in a Special Flood leopard Area. 5.) The yord requirement. as depicted ifa requirement of the Unified Development Code and is subject to change as the zoning may change. 6.)1f any lot is developed with residential uses, compliance with the Public Open Space regulations will be required during the budding permit phase. 7.) Contours shown oro based on NAVO 88 datum. a.)No access en East Harrington Drive, except lore ergeney vehicles. State of Texas County al Hoaxes AAF—Vmlope al Copna Christi. Inc. hereby certinx that it b the never of lee lana ,t(tced within the bwndplee of IM lnngnlngg pleb that It has had cele lands furnpa and subdivided ® en: that street, Nowa a dedicated In fee simple to Ne public Use torsion that eosnnmte m shown we dedkoled to the pudic use for the Maelatlon. Werencn and use of punk diddled and that U. mm was made Ise the purpose of pPIPGI© E d JUN 3 MI5 D. PLANNING COMM S$ION PLANNING COMMISSION Plat of 2 Vantage at Up River Road Block 1, Lot I a 19.74 Acre Tract of land. situated in BS&F Survey No. 417, A-571 and BS&F Survey No. 422, A-850. being a portion of a 368.26 Acre Tract as recorded in Volume 1450, Page 514, of the Deed Records of Nueces County, Texas, out of a 35.26 Acre Tract described as Tract 3 of Charles McKinim s Share. as recorded in Volume 1450. Page 514, being the remainder of a 20.26 Acre Tract described as Parcel 5. in a Special Warranty Deed f om W II'om E. McNinzie, Jr. to WUlium E. McKinzie. Jr. Family limited Partnership. as recorded in Document No. 2010040869 ofthe Official Public Records of Nueces County, Texas. s c 17 Total paned area contoins 19.74 acres of land (includes right—of—way dedication) 1 I Christi Inner Harbor. The TUC bee eloeG48d the aquatic 41e use for the Ca 2.)The receiving water for the.otarm water runoff from this properly is the Cops i 1 frr` rpue Christi Inner Harbor c intermediate'. 1 1 ].)Tebasednn GPS. tACBd• Sime Mane Coordinate system. Texas South Zone 4205, 1 4.)By graphic plotting only. this property is in Zone "C. of the Flood Insurance Rate Map. Community on Penel Number 485464 0130 C. City of Corpus Christi. Telae. which beanelective dole of July 18. 1965 and is not i 0 Special flood Hazard Meo. 5.) The yard requirement, as depicted n o requirement of the United Development Code and ie subject 1a change es the zoning may change. s)11 any lot is developed with residential uses. competence with the Public Open Space regulations will be nquirod during the building permit phase. 7.) Contours shown ore based on NAVO BB datum. B) No deeeSs on East Harrington Drive. except for emergency vehicles. 454 Za egos. t 10 n 8 505 1 10.153 ew y.ed Ott I so APPLICATION FOR WATERLINE REIMBURSEMENT $4,154.50 We, Vanta a at Corpus Christi, LLC, 7334 Blanco Road, Suite 200, San Antonio, TX, 78216, owners ld developers of LOT (1), BLOCK (1) Vantage at Up River Road, a subdivision of the City of Cor s Christi, as shown according to the map or plat thereof recorded in Volume 68„ Pages 552- 3, of the Map of Records of Nueces County, Texas, hereby request reimbursement of -544,6075 ( $68,624.00) for the installation of the 6 inch water type of line , in conjunction with s 'd lot, as provided for by City Ordinance No, 17092. $79,715.69 is the construction cost, i Iuding 15% Engineering and Surveying, in excess of the lot acreage fee, as shown by the cost supporting docu 11atta he herewith. $72776.50 - David Starr, Manager Vantage at Corpus Christi, LLC STATE OF TEXAS § COUNTY OF BEXAR § March 9, 2016 This instrument was acknowledged before me ontit�� (-\ 2016, by %.....k -,J-- SDRCfZ (Name), k t sfC (Title), Vantage at Corpus Christi, LLC, A Texas limited liability company, on behalf o the said corporation. MIKE GOODWIN Notary Pubilc. State of Texas Comm. Expires 10-12-2019 Notary ID 12620042-3 CERTIFICATION (CAP) Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. 111112A)th • Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, Vantage at Corpus Christi, LLC, 7334 Blanco Road, Suite 200, San Antonio, TX, 78216, owners of LOT (1), BLOCK (1) Vantage at Up River Road, a subdivision of the City of Corpus Christi, as shown according to the map or plat thereof recorded in Volume 68„ Pages 552-553, of the Map of Records of Nueces County, Texas, hereby apply for $68,624.00 credit towards the water lot/acreage fee for installation of the water type of line as provided for by City Ordinance NO, 17092. $148,39.69 -is the construction cost, including 15% Engineering and Surveying, as shown by the costjsupporting documents attached herewith. $72,778 50 David Starr, Manager Vantage at Corpus Christi, LLC March 9, 2016 STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on Y -c 2t� l 2016, b T ' J Li, ` c Q (Name), Ok3-&G'c't (Title), Vantage at Corpus Christi, LLC, A Texas limited liability company, or behalf of the aid corporation. .o�,, '�v MIKE GOODWIN k,�Notary Public State or Texas :P ,'::44.• Comm. Expires 10.12.2019 N+a,°„ Notary ID 12620812.3 Not Public in and for the State of Texas Exhibit 2 Page 2 of 2 x 13453511121521551/1 141504@ 1212126 }..fRM i.n 4Lm JL •••••••'O ••• comet 23, 2015 DECEMBER 1, 2015 (ADOETtDllfl Al) � -.v... „^,, 1•••• •••••, ,�,, •••• DFC231BER 18, 2015 (ADO MAIM S2) JANUARY B, 2016 (ADDENDUM :3) CIVIL CONSTRUCTION PLANS FOR F PUBLIC WATERLINE & WASTEWATER LINE AT AOH VANTAGE AT CORPUS CHRISTI ~ r. MODEL tr. 10113 UP RIVER ROAD, CORPUS CHRISTI, TEXAS 78410 150610^i siam F.- etirr :___—•-w ::te:.:•ter. - r.. _ ••••••••••- A 6 z SldQtim elJr- Karr Niteribellow. boom you dao. i.......rWINK Capes CIVIL SKEET INDEX .m s 11.nt o®,n am: m.vssr _w1 ....avow. vnm P. cum 'WOW 1111•61 vram 1414 WPC worm woo vnen.u4 mon .aIri.RIRl144. em YtrttAin 144. ow ...Idt waft. 14M NEI imam wan nJA s mese can waWFwlin.at 'WAIN a. misonmut Clot *MI WITIMOrialLi D.q.rOy vaned by Rana i Portu wlhu PE 01trn.Asnu Pon....u.. rt. o.Jle.eleprnery Semen, eu.Gry of Copvl Q.ELL rrrull.magaip. rti e+US Dalr 70160125 1045.17 46V0 r- 3 3 a trcq 1 1 {a b Exhibit 3 r I C Page 1 of 10 acre 0001 01 OF 39 • 4.1.14 nO1tG . OAR 10100M AOH VANTAGE AT =PUS CHRISTI Int] V *MOI MOO tpY16ORETI14IMS COMM =AS SANITARY SEWER UTILITY PLAN 0 46 0 N a) m ns d ..1q.4.Ct 77 • 1. M 1. L 7 • I • 1 III111111 1 j 4-1•'.'? "[ 11711-144-1-1,-- --- 1-t-► I .L)7.-1�R i A OM. 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POW ALAI VANTAGE AT MIAS R411ST1 /0{1.3 UP ,[Y04 MAO COMM o.as?L MlaS LRNTT. row 71,10 WATER UTILITY PLAN P- 0.01.101011 11110••••••1 0 45 CID a) (ts co X W • t~ 18 8 8 3. '1;74; 1901 2 g 8 B ...,,, t:` i._. [ ..' [:YK:i- ::it _=:i .-1y„ [.....-i ! I I T 1I! `I1_1 'il �;; ,�1I/ Iw _I!II l El rir—._ 10, —awi I i�--r11^ 41.14`27i_ I 1 -VI 1 _; ‘107 WW1/ e i ,� 1�� '' :1 ��i 11 III !t 1 1 ,— 1 j 11 1 1 i -mss I N 1 -_i ( ,. + 1� ti _ , fl11 1 11 1� '" i; it l 1 11 :il I ® i , a IIIc:11111111;1 '1+1111.11'11 nl 11;,11111,;•+� II 1,1 I' IiIi.II I l I' 1 111111 l i Ill I ,, I I slit I ti1111 t • 'I'III`,, !11111'6, tri '1111:1'1111 ii 1 1,111 4111 I - 1, I I'i, 1111111111'1W1' 111 '1ti 111 li1;1:',I;. It 'it'll 111 1 111111 1 1 1111 i; 1 11 `ll , l l Ii 1IiiI 1'1 G' Iit tL -- t �1Zri I t" r'lll�`IgI , !!Hillj` 1 p1•C I u 1II I l , 1111, I 1 1 11 If I $ 1 1 11 — i1,i;! IIt 1 I1 I 11• 1 i .._- 11•p.q a1fu1- n• 1'1 Ns =Lit ROI IWCT ADM VAMAGE AT CORPUS CHRISTI rotutRIARA =dna a*tiT, MI= MUM. Mut 7.1I10 SANITARY SEWER DETAILS '1' rt 1'41411}:EIIIi;1j1i'ii •j '1+111 II, ,ll 4� '11 p I.'liill C ld141 t''!II 1}IJ1!1 };I} 1 1 iI I1u ii11111,01R ! 1. ! 1 �I1''+'Iil ljli 111 I , iii 1 111 iiii I 1 ll 11 /1 I f li`I LI;1;� 11r 0;1'14;ii:11i1�11�iL IJI lI II Ili !i{j1Ii,Iljii 1}111111 Ili Iliiliiti!',11; I of11:1;111i!}�!i, i I1 }111 ;I! 4;'.(Will 11 I 111 E1ti!ll Ilii I1ill• l}11I} 1':I: I iii llit .1ii}II11''l 11 Ii11 1iv IIIi it. t} Iiil 1 Ili 1 1 5 1t 41• 11 ,i. 1'1k.a 11 i. it1it Ii yam.; I 11 «r.tl .Y VJ..fo- MAUaft IML1 Ir.,. -y1 K•.V 1 to 1, .11 co n 1E w ria a n Cf y � M a s 1 1 di !Olt ,I, ii it III 1 Ili] S��K JyJy..�� 1•.. � 11 1. &c1. H .l N/Y'.N:/ Cr.... CIWDC CCMt .71 to g 11.00 Mil KA M}MI ADN VANTAGE AT CORPUS Q41I5T1 tot It N MD 1104D COWLS Df3TL.R2123 CI3JITY.,OAS 711* WiTrART SEWER DETAILS .. wp i�� ern. r fn AUIV¢R.1 Qn 1• �4 1 1 'I 11 1r It Mr A•2 1141 9 iSSLit KM KIM AOM VANTAGE AT CORPUS a1RST1 ImU w RJI2A kow CIDIVLIS CIO= Rpt CUM. tau n4 a WATER SYSTEM DETAILS Page 1 Q of 10 Vantage at Corpus Christi Civil Utility Improvemements Estimated Construction Costs BRD Job No. 116.001 6/3/16 CONSTRUCTION FEES Unit Price o t Onsite Water Improvements:uantit I 2" Copper Pipc 185 LF 5195.00 = 536,075.00 2 4" PVC Waterline 50 LF S25.00 = 51,250.00 3 6" PVC Waterline 360 LF 540.00 = 514,400.00 4 6" Ductile Iron Waterline 205 LF 560.00 = 512,300.00 5 8" PVC Waterline 3,870 EA 551.00 = 5197,370.00 6 8" Water Tie-in 1 EA 52,300.00 = 52,300.00 7 6" Gate Valve with Valsc Box 11 EA 51.300.00 = 514,300.00 8 8" Gate Valve with Valve Box 7 EA 51,500.00 = 510,500.00 9 Fire Hydrant 11 EA 56,000.00 = 566,000.00 10 Pipe Fittings All Sizes and Types 2 TON 54.000.00 = S8,000.00 11 4" Mctcr Assembly with Vault 1 EA 56,000.00 = 56,000.00 12 2" Meter Assembly with Box 15 EA 51.500.00 = 522,500.00 SUB -TOTAL (Onsite Water Improvements) S390,995.00 Onsite Sanitary Sewer Improvements:uantity Unit Price Cost 1 6" PVC Sanitary Sewer 1,700 LI' 532.00 -- 554,400.00 2 8" PVC Sanitary Sewer 1,205 EA 542.00 -• 550,610.00 3 8" Cleanout 1 EA 5100.00 — 5100.00 4 4" Fiberglass Manhole 5 EA 55,500.00 = 527,500.00 SUB -TOTAL (Onsite Sanitary Sewer Improvements) 5132,610.00 Offsite Sanitary Sewer Improvements: uantit Unit Price C _ 1 6" PVC Sanitary Sewer 5 LF 532.00 = 5160.00 2 8" PVC Sanitary Sewer 930 EA 542.00 = 539,060.00 3 8" Cleanout I EA 5100.00 = 5100.00 4 4" Fiberglass Manhole 4 EA $5,500.00 = 522,000 00 SUB -TOTAL (Offsite Sanitary Sewer Improvements) 561,320.00 Exhibit 4 Page 1 of 3 Estimated Construction Costs BRD Job No. 116.001 6/3/16 Onsite Storm Drainage Improvements:uantit Unit Price Cost 1 18" HDPE 1,085 LF 555.00 = 559,675.00 2 24" HDPE 1,225 EA 565.00 = 579,625.00 3 24" RCP Class 111 35 EA 590.00 = 53,150.00 4 10' Curb Inlet 7 EA 55,050.00 = 535,350.00 5 4'X4' Grate Inlet 5 EA 52,600.00 = S13,000.00 6 Discharge Structure 1 LS 55.500.00 = 55,500.00 7 24" SET 1 LS 53.500.00 = 53,500.00 SUB -TOTAL (Onsite Storni Drainage improvements) 5199,800.00 ESTIMATION OF CONSTRUCTION FEES Water Improvements Onsite Sanitary Sewer Improvements Onsite Sanitary Sewer Improvements Offsite Storm Sewer Improvements Onsite Mobilization 5390,995.00 S132,610.00 S61,320.00 S199,800.00 545,000.00 TOTAL IMPROVEMENTS 5829,725.00 Engineering and Survey (15%) 10% CONTINGENCY 15.0% S124,458.75 I0.0% 582,972.50 OVERALL TOTAL 51,037,156.25 Exhibit 4 Page 2 of 3 Vantage at Corpus Christi Offsite Water Im )roveremcnts Estimated Construction Costs BRD Job No 116.001 6/13/16 CONSTRUCTION FEES Water Improvements Quantity Unit Price Cost 6 Trench Protection 340.0 LF $I.50 = $510.00 7 6" PVC Waterline 340.0 LF $70.00 = $23,800.00 9 3/4" Short Service 4.0 LF $1,500.00 = $6,000.00 10 Valve Box 2.0 EA $500.00 = $1.000.00 11 6" Gate Vahe 2.0 EA $1,450.00 = $2,900.00 13 Fire Hydrant 1.0 EA $5,000.00 = $5,000.00 14 Pipe Fittings All Sizes and Types 1.5 TON $4,200.00 = $6.300.00 15 6" Water Tic -in 1.0 EA $2,800.00 = $2,800.00 16 IIydrostaric Testing 1.0 EA $2,600.00 = $2,600.00 17 2" Temporary Blow -Off 2.0 LS $1,500.00 = $3,000.00 SUB -TOTAL (Water Improvements) $53,910.00 ESTIMATION OF CONSTRUCTION FEES 1Vater Improvements S53,910.00 TOTAL IMPROVEMENTS Engineering and Survey (15%) 15.0% 553,910.00 S8,086.50 20% CONTINGENCY 20.0% S10,782.00 OVERALL TOTAL S72,778.50 LOT/ACREAGE REIMBURSEMENT OVERALL TOTAL $68,624.00 $ 4,154.50 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS L 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 Citys 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 certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Fonn _ _.. 2. _ Prem ises - 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) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph 110f This Exhibit. $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 5 Page 1 of 3 II. ADDITIONAL REOUIREMENTS 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 i D. Contractor agrees that with respect to the above required insurance, all insurance policies arc 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, andtor withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 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 Contractors 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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Testis Department of Decelupmcrt 5 e ices P O Box 927? Corpus Christi. Texas 78469.9277 (561)826.3240 Located it 2406 Leopard Street (Comer of Leopard St and Pott Ace ) 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: AAF -Vantage at Corpus Christi STREET: 7334 Blanco Road, Suite 200 CITY: San Antonio, Texas ZIP: 78216 FIRM is: Corporation ❑ Partnership ❑ Sole Owner ❑ 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 N/A 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 of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur t, Certifying Person David Starr Title Manager (Print) Signature of Certifying Person: Date: V't 3 /2G, t K DEVELOPSIENT5lCSSIL>RED LANE) DEVEI OPMIENTORD['ANLF ADStNIST ATIONtAPPLIC.AflON FORMS' FORMS AS PER LFCV.201: AISCLOSLRE OF NThRESTS STATEIIENTI 27 t2 DOC DEFINITIONS a 'Board Member. A member of any board, commission or commfaee appointed by the Cay Council of the City of Corpus Christi, Texas. b. 'Employee'. Any person employed by the Cay of Corpus Christi, Texas, either on a lull or part time bash, but not es an independent contractor. c. 'Firm'. My entity operated for economic gain, whether professional, Industrial or commercial and whether established to produce or deed with a product or smoke, Mciudig but not limited to, entitles operated In the form of sole propdetorehip, as selliemployed person, paManht, corporation, joint stock company, joint venture, ---- reoeivership or trust and entities which, for purposes of tauten. are treated as nonprofit of enIze s. d. 'Official'. The Mayor, members of the City Council. City Manager, Deputy City Manager, Assistant Cky Managers, Department and DNIslon Heads and Municipal Court Judges of the Cly of Corpus Christi, Texas. e. 'Ownerahlp Interest'. Legal or equitable Interest, whether aelualy or constructively held. In a Ihm, Including when such Mteresl Is held through an agent, trust, estate or Whiling entity. 'Constructively held' refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. r. 'Consukant'. Any person lir rum, such as engineers end architects hired by the Cay of Corpus Christi for the purpose of professional consultation and recommendation WIVISCIPISMSVOSIMLLOIL043owaonNTp.pMac!1DU VmMiwNNmJCATwn WY4St©4e 4S PER120A1C01110130.051LIM of M1UWt ITATMENTI Exhibit 6 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-57630 Date Filed: 05/18/2016 Dale A knowledged: 0 it°I 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Vntage at Corpus Christi, LLC San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the Corm is being filed. City of Corpus Christi c identifythe co tract, and provide a g Provide the identification number used by the governmental entity or state agency to track or description of the services, goods, or other property to be provided under the contract. Supercedes Cen 2016.38272 Water line Construction and Reimbursement Agreement, Lot 1 Block 1, Vantage at Upriver Road subdivision in the City of Corpus Christi, recorded in Vol 68, Pgs 552-553 of records of Nueces County 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Starr, David San Antnio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 A I swear, or affirm under penalty of per ury, that the above disclosure is true and correct. 4 1 / A . /„,,i .►�! MO GOODWIN i: Notary Public, State of Taxa' +':.:p= Comm. Expires 10-12-2019 --,,,.ui r Noft]ry ID 12620412.3 AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me. by the said = .� • S gnature of authorized agent of contracting business entity y S ' ^ this the 1 0 — day of i\A'‘ l{, , to certify • hich, witness my hand and seal of off ce. ' L�. cc, G13 LxJ i w 1O`iki}1 Signature of officer administering oath Printed name 31 officer administering oath Title of officer admirlistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersron vl.u. \14,) OD DC8/2--*IN essrPos ()Sal( 5+i an) i'Q,QA a\rokSk, CA -e-10`0 Docs 20170 50036 i Pages 44 11/30/2017 2:57PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $187.00 Any provision 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 T hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS _ r _ r1, �•