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HomeMy WebLinkAboutC2017-488 - 10/17/2017 - Approved �. y-r -ift- 02, 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 11, 2016, by and between: Peterson Properties, Ltd. and the City of Corpus Christi. This amendment is related to appropriating additional funds to 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 $83,194.73 (including $19,159.00 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 amendment. 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 of 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. ATTEST: CITY OF CORPUS CHRISTI iLuZ,Vt-ZN Rebecca Huerta Willi J. Green, P.E. City Secretary Interim Director of Development Services APPROVED AS TO FORM: 1-C1 / , 2017 ✓�'��l ‘-tic • - AU f M KILti Buck Brice Assistant City Attorney SY COMM • 2017-488 _.. 4619210/17/17 Ord. 031275 SECRETAR�+►; Peterson Properties Ltd. INDEXED IS Peterson Properties, Ltd. ti." By: djrAvA Vd+.6 Patricia Peterson Nuss General Partner STATE OF TEXAS § AIL/2.4.fl-s COUNTY OF § This instrument was acknowledged before me on day of , ' ' " • ''✓ , 2017, by Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., . Texas Limited Partnership, on behalf of said partnership. ,4,17,"t',. JUANA JEAN BARTON .23. �LM Notary ID#10868260 N Public's Si ' ature V,T My Commission Expires ?rritre June 3,2021 Peterson Properties, Ltd. By: i, ;, - Christy Peterson Brown General Partner STATE OF TEXAS § COUNTY OF Ake s § This instrument was acknowledged before me on 3 day of . ---144/111,,L--- , 2017, by Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. JUANA JEAN BARTON Notai6rPublic's Sig ure .4'4.210:' ` , JL Notary ID#10868260 =, My Commission Expires •r„111"r June 3,2021 Petery-nerties, Ltd. By: r�- PAC!' Ja %1-4:' b. Peterson Genner STATE OF TEXAS § § Nv-e--c_t,5 COUNTY OF § This instrument was acknowledged before me on b day of • ' -V , 2017, by James D. Peterson, General Partner, Peterson Properties, Ltd., a Te as Limited Partnership, on behalf of said partnership. t,to-e-G. , - ,. c . ._.. No Public's Sig 'a re ""* JUANA JEAN BARTON ��` JL Notary ID g10H68160 v _y My Commission Expires ?4,1!" June 3,2021 RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photograph reproduction because of illegibility, carbon or photocopy, discolored paper, etc. All blockout additions and changes were present at the time instrument was filed and recorded. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278118 Peterson Properties,Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2017 being filed. City of Corpus Christi Date Acknowledged: 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. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County TX 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. `. JUANA JEAN BARTON /r �I` Notary ID#10868260 1 '7-0, My Commission Expires ' n June 3,2021 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn toot and subscribed before me,by the said ea5 II gage) ,this the -3° day of 0(71L--( 201 f ,to certify which,witness my hand and seal of office. LCA Ala-ICA/1i '`'Si nature � c� ►'� �✓ Gl� g ofofficer administering o. Printed name of officer administering oath Title of officer adrzwfistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278118 Peterson Properties, Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2017 being filed. City of Corpus Christi Dikte ckn ledged:ilgri N1 0IT 'l 3 Provide the identification number used by the governmental entity or state agency to track or identify the co tract,and provide a description of the services,goods,or other property to be provided under the contract. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County TX Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or m,under penalty of perjury,that the above disclosure is true and correct. ,j,`r"°'�'"� A J` NotaryJUANID#10868260JEANBARYON My Commission Expires '.Ai,0 June 3,2021 ignati1010 AL agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE #511614 Sworn t and subscribed before me,by the said ` '►'t-C.� 1`.7)/el-f / -eViSe1 ,this the 3 1 day of " , 20 i ,to certify which,witness my hand and seal of office. yhi c-1414-t-Lef ("--)ta•x--- /.)- A s-- )1.14v)cii?... ,e,e-k-bi,-) AMPtcy Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278118 Peterson Properties, Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2017 being filed. City of Corpus Christi Date ckn wledged 1 743 Provide the identification number used by the governmental entity or state agency to track or identify the co trac,and provide a description of the services,goods,or other property to be provided under the contract. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County TX Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under pena o erjury,that the above disclosure is true and correct. �, JUANA JEAN BARTON �` Notary ID#10868260 IMy Commission Expires ) /r „�, June 3,2021 Signature of authorized agent ntracting bu mess entity AFFIX NOTARY STAMP/SEAL ABOVE I l 1 Sworn to and subscribed before me,by the said G 1IV iS �l°1r� r /S>���V1,this the day of �r' f�L�, 20 ( � ,to certify which,witness my hand and seal of office. �.L 11 / /a--kir, /1A)4 J Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 • CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278118 Peterson Properties, Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2017 being filed. / City of Corpus Christi Da71wledged \.Provide the identification number used by the governmental entity or state agency to track or identify the contr ,and provide a description of the services,goods,or other property to be provided under the contract. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County TX Nature of interest 4 Name of Interested PartyCity,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penal f perjury,t t the above isclosure is true and correct. n7r+ux: 1UANd 1EAN BARTO �IlNotery ID(j8 :s 68 My CommisExg ` !/ 4:41.1?'� June 21 l.�C.ty Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE AkiS Sworn to and subscribed before me,by the said � 1Lt N /0101 ,this the ) day oL40LeAr" , 20 1 ,to certify which,witness my hand and seal of office. 4/./As— J vG h JSov461,^ / 104eA �? Signature of offer administering oath Printed name of officer administering oath Title of officer adlf�inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 I.aft Complete Nos.1-4 and 6 if there are Interested parties. OFFICE USE ONLY Compete Nos.1,2,3,5,and 66 there are no Interested pelves. CERTIFICATION OF FILING 1 Name of business entity filing form,end the city,state and country of the business entlry`s place CerdIOYa Number. of business. 2017.278118 Peterson Properties,Ltd Corpus Christi,TX United Slates Date Flied: 2 Name of government&entity or state agency that is a party to the contract for Which the Conn Is 10/30/2017 being filed. City of Corpus Christi DW okn led ed: II12041 3 Provide the identification number used by the governmental entity or state agency to back or identify the an provide a description of the services,goods,or other property to be provided under the contract. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christ,Nueees County TX 4 Nature of interest Name of Interested Parry City,State,County(place of business) (Cheek applicable) Controlling intermediary 5 Check oMy if there Is NO Interested Petty. X 6 AFFIDAVIT ''''' •nryr I swear,or affirm,under pen&ry of perjury,that the above disclosure is We and correct. FrC7:8, '(N 5. A(/04 g ti RYgZe F I _ ri L derlikit •nature of authomed agent of wnticline buunen entlly 4. AFFIX NO , ) CVE L1 eM1cb ed'bef•rem e I - Vr Alb fee Sworn to and subscribetlbefore me,by me said . r(�P PeT�rei Oil ,t:is the I day 20 I, .to certify witch,witness lmy hand and seal of office. �5. � � to name 5, attain rigoan exp fZ-ira 1l1 S t of officer adninisLLZ ng PMte namaLomear adrin npoath of officer oath Forms provided by Texas Ethics Commission www.etnics.state.tx.us Version V1.0,3337 G°�Pus t4. Y- , i 0, X t J`• y # June 6, 2017 7as? Mr. Murray F. Hudson, P.E. ENGINEERING Urban Engineering SERVICES 2725 Swantner Drive Corpus Christi, Texas 78404 PO Box 9277 Corpus Christi Subject: West Point Crossing Waterline, Lots 1 & 2, Block 1 — Located south of Texas 78469-9277 State Highway 358 and west of Old Brownsville Road (Public 1201 Leopard Street Improvements —WATER) 3 d Floor Corpus Christi Dear Mr. Hudson: Texas 78401 Phone 361-826-350N1 We have inspected the Public Improvements—WATER that were constructed at Fax 361-826-3501 the above named site. In addition, we also have your certificate of completion and 1%%I w.etexas coin are satisfied that the work was completed in accordance with the plans and specifications approved by the city. Cnnsrraclinn/trsprcri°rr The contractor is held to a one-year warranty period of workmanship effective 4917 1-lolly Rd.Bldg.5 Corpus Christi June 1, 2017. Date of acceptance was based on final approval notification from Texas 78411 the Engineering Services, Construction Inspection Division. Phone 361-826-3555 Fax 361-826.3520 The improvements are hereby accepted by the City of Corpus Christi for permanent maintenance and operation in accordance with current City policy. Sincerely, 4,A,1444; a 2_4_ /e'E Ernesto De La Garza, P.E. Construction Management Engineer for Engineering Services EDLG/kc 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 Mark Orozco From: Ed Sanchez Sent: Thursday,June 01, 2017 3:49 PM To: Julio Dimas Cc: Grace Solis; Mai Bernal;Annika Gunning;Gloria Garcia; Norman Walters; Danny Davila; Andy Leal Jr;Jesse Hernandez; Priscilla Ramirez; Priscilla Garza; Larry Fisher; Shelly Donahue; Kathleen Tower; Ultra Pena; Kene Sapenter;Gene Delauro; Beverly Priestley; Anthony Silvas(asilvas@nuecescad.net); Miguel Torres;Amy Elizondo; Kent Power; Ratna Pottumuthu;Jalal Saleh; Dana Espinal; Hilda Mihalco; Mark Orozco; Keren Costanzo; Laura Sheldon; Priscilla Gonzales; UtilitiesGlS;Jorge Leos; Bill Green; Ernesto De La Garza; Katherine Castle Subject: West Point Crossing Waterline, Lot 1 and 2, Block 1 Good Afternoon Julio Dimas, Construction Inspections Department recommends acceptance on the above reference subject as all requirements have been met per UDC Section 8.1.12 Technical Requirements for final Acceptance of Infrastructure Improvements. Please feel free to contact me at any time concerning this project. Thanks, Ed .514,4del Engineering Associate City of Corpus Christi Engineering Services 4917 Holly Rd, Bldg 5 78411 Office: (361)826-1738 Mobile: (361)877-5103 Fax: (361) 826-3520 Email: EdSa@cctexas.com 1 CERTIFICATE OF COMPLETION I,Murray F.Hudson,P.E. certify that I am a Registered Professional Engineer,License No.78198 , in the State of Texas,and verify to the best of my knowledge and belief to the City of Corpus Christi that the waterline improvements required in connection with Westpoint Crossing Lots 1 &2,Block 1 have been completed in accordance with the City ordinances and the plans and specifications approved by the City on May 19,2017;that our survey crews provided construction staking for lines and grades; that the work is built correctly to the best of my knowledge and belief to the lines and grades approved in the plans; that the materials and workmanship comply, to the best of my knowledge and belief,with the approved plans and specifications; and that the plat has been filed for record with the County Clerk;all with no exceptions. Record Drawings are attached in accordance with the Platting Ordinance. As authorized representative of the owners, I request that the City of Corpus Christi, in consideration of the ---- completion of this work, accept these improvements and dedications and assume ownership and responsibility for future maintenance and operation. �/ Date: 3-31- h 1P , ^ Signature • �,� t. Urban Engineering •4 Firm Name fr; I✓ _ 'n ). (Sea0 " PM'IIR'RAY F.i'IUDSGN `: 2527 Swantner Drive 311/4 78198 s,:,:ii i Address ▪ �OR• F�SGf SFCT`lq r`• �� Corpus Christi,Texas 78404 --- -. C. p{ON i J. ;: (One exeeuted'tiopy-to be submitted to Director of Engineering Services, P.O. Box 9277, Corpus Christi,Texas 78469) STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant,who, being by me duly sworn,on oath stated: My name is Murray Hudson, the Project Engineer of Urban Engineering. I am over the age of eighteen years of age, of sound mind, capable of making this Affidavit, and fully competent to testify to the matter state herein, and I have personal knowledge of each of the matters stated herein. Reference the Westpoint Crossing lots 1 & 2, block 1 project, Urban Engineering has been paid in full by Peterson Development for all work associated with water and wastewater public improvements as of the 24th day of July, 2017. Further Affiant saith not. URBAN ENGINEERING BY: - Printed Name: Mu'1'01 14uetiSp_Asn SIGNED AND SWORN TO BEFORE ME on this the 2�Oh day of a \,-1 ,2017. ( 111 �M• XAVIER GAIVAN �1 7T Notary 10 N 125186163 ► N ary blit, Stat . Te :s My Commission Expires ► r,^; February 1.2021 0 Job No.40706.B6.02 I ' URBAN ENGINEERING February 1, 2017 Annika Gunning Yankee Sr. Project Manager Development Services A Business Support Services Department 2406 Leopard Corpus Christi, Texas 78408 Subject:Westport Crossing Lots 1 &2, Block 1 Water Improvements Dear Annika, Please find attached to date estimate of reimbursable improvements. Developer is requesting reimbursement in the amount of $50,580.45 less previous reimbursement of $0.00 equals total currently due $50,580.45, for to date improvements constructed at subject project. Also attached is the current contractor payment request for your files. Please let me know if you have any questions. Below is developer information. Peterson Properties, Ltd 5830 McArdle suite 201 Corpus Christi, TX 78412 Sincerely, URBAN ENGINEERING Murray F. Hudson, P.E. enol/ph (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 TBPLS Firm#10032400 Eng: Murf Hudson, P.E. Reimbursement Estimate June 1, 2016 By: C.R.R. for Job No.40706.66.02 LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEM I DESCRIPTION ! QUAN. UNIT UNIT TOTAL PRICE COST A. WATER IMPROVEMENTS: 1 18"PVC C 900 330 LF $29.00 $9,570.00 2 18"Gate Valve and Box 1 EA $1,300.00 $1,300.00 3 1Fire Hydrant Assembly Complete In-place 2 , EA $3,600.00 , $7,200.00 4 8"Cap 1 EA $80000 $800.00 __. 5 ;Approx. 110'Bore and Case 1 LS $30,000.00 $30,000.00 (WATER SUB TOTAL $48,870 00 ENGINEERING,ADMINISTRATION AND SURVEYING Q 15°0:1. $7,330.50 TOTAL REIMBURSEMENT:, $56,200.50 PREVIOUSLY PAID WATER LOT ACREAGE FEE:iI $50,954.99 - - RETAINAGE€10%:j. $5,620.05 REIMBURSEMENT DUE LESS RETAINAGE: $50,560.45 • Urban Engineering 2725 Swantner Corpus Christi. TX 78404 1-361-854-3101 1 of 1 Job No.40706.B6.02 LI - URBAN ENGINEERING June 05, 2017 Annika Gunning Yankee Sr. Project Manager Development Services A Business Support Services Department 2406 Leopard Corpus Christi, Texas 78408 Subject:Westport Crossing Lots 1 &2, Block 1 Water Improvements Dear Annika, Please find attached total construction cost of reimbursable improvements. Developer is requesting total reimbursement in the amount of $87,334.73 less previous reimbursement of $50,580.45 equals total currently due $$36,754.28, for final improvements constructed at subject project. Also attached is the current contractor payment request for your files. Please let me know if you have any questions. Below is developer information. Peterson Properties, Ltd 5830 McArdle suite 201 Corpus Christi, TX 78412 Sincerely, URBAN ENGINEERING Murray F. Hudson, P.E. enol/ph (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 TBPLS Firm#10032400 Eng: Murf Hudson, P.E. Revised Jume 05, 2017 By: C.R.R. Reimbursement Estimate Job No.40706.86.02 ADDITIONAL WATERLINE IMPROVEMENTS LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEM DESCRIPTION DUAN. UNIT UNIT TOTAL PRICE COST A. ADDITIONAL WATER IMPROVEMENTS REQUIRED BY TxDOT: 1 8"PVC C-900 330 LF $29.00 $9,570.00 2 B"Gate Valve and Box 1 EA $1,300.00 $1,300.00 3 Fire Hydrant Assembly Complete In-place 2 EA $3,600.00 $7,200.00 4 8"Cap 1 EA '. $800.00 $800.00 5 Approx. 110' Bore and Case 1 LS '.. $30,000.00 $30,000.00 SUB-TOTAL: $48,870.00 B. ADDITONAL IMPROVEMTNS REQUIRED BY FIRE DEPARTMENT FOR LOOPED TIE-IN: 1 Exploratory Excavation and Repairs 1 LS $27,073.24 $27,073.24 SUB-TOTAL*: $27,073.24 • ESTIMATED CONSTRUCTION TOTAL: $75,943.24 ENGINEERING,ADMINISTRATION AND SURVEYING @ 15%: $11,391.49 SUB-TOTAL: $87,334.73 • TOTAL REIMBURSEMENT: $87,334.73 LESS PREVIOUS REIMBURSEMENTS: $50,580.45 NET TOTAL REIMBURSEMENT DUE: $36,754.28 NOTES: 1 Water acreage fees were paid in the amount of$50,954.99 by the developer as part of the plat recordation. Therefore the total reimbursement is not net of acreage fee credit. 2 Exploratory work was pursued per direction of City. Afterer review of findings and meetings with staff the decision was made not make the tie-in to 16"line in TxDOT ROW. In lieu of this tie-in a temporary blow-off valve was installed at the end of the line and entire line was pressurized. 3 Section 8, item 1 of above is the time and material charges for the exploratory work, barricades, and restoration of pavement,C&G and sidewalk as required. 4 The work necessary to pressurize, uncover fire hydrants and install blow-off valve is not reimbursable and is not included in above. Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 tE U RBAN 1 ENGINEERING J Job No.40708.134.01 June 5, 2017 Peterson Development Attn: Reagan Brown 5830 McArdle Rd.,#201 Corpus Christi, TX 78412 Subject: West Point Crossing Transmitted herewith is Pay Estimate #9 (Final) for work completed at the subject project. We recommend payment in the amount of$79,024.38 to Max Underground Construction. If you have any questions,please call. Sincerely, URBAN ENGINEERING 04, Murray F. Hudson, P.E. MFH/ph Enclosures xc: Max Underground Construction (361)854-3101 2725 SWANTNER DR,• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wwwurbaneng.com TBPE Arm 8145 TBPLS Firm 810032400 MONTHLY PAY ESTIMATE CONTRACTOR: MAX UNDERGROUND CONSIRUCTION ILC DATE: 8105/1] fP.O.Box 271106,Corpus CM1W.TX 78427 I _ ESTIMATE 000: 0 PROJECT: WEST POINT CROSSNO SANITARY SEWER IMPROVEMENTS JOB NO.: 40708134.01 I� _ Oesaplon OumEY r Total Wait UFA Po. Tdel Amount m Dane to MN' A. SANITARY SEWER IMPROVEMENTS I General CaMllin. 1 LS I 40 MOD 40.500.00 2 Motentbn I LS 1 35,00.00 33,100.00 3 UR Bbyn 1 IS - .- I 25000000 259900.00 t CPVC Green wC-900 FMB BeM(M.J.)Main(DR 25] __. 70E0 IF 6703 RS.00 102.75000 6 9 D.1.00 Own Belo MJ) -_ 1 _ EA 1 ]55.00 50000 S r D.1.2202 Demos Bnd 0J.) 20 EA 203 MOTO 13,900.00 T C D.I.RR 1R Oeyee Bend fM.J1 3 EA 3 0000 1.90000 9 6'Plegi3_ EA _ _ 3 33]00] 2.000 9 NFRelease Vies _ 3 EA 3 s.3W W 12900 00 101SSteel aem M SY M 3000 11 Asphalt Pavement R.Mr 75i LY t]I NOD 15,300.00 12 Tie to entele eM Forge Mein to F19ry5aii1W Seem 1 LS I 3 6.VA.N f S,MA.CO Mende 13 r ma CRCP ane% SST. 1 LS 85 S (91600 1.553.00 14 flLcmMDe.1 388 SF 351 ]SI _ 9.0000 13 11 PVC GaMy Line(12-10 Cul _ 366 LF ]51 $ 3503 29,9(800 1010 PVC Gravity Una(W1a Cul) 525 LF 501 5 ma0 27.5x000 18 r PVC GavyyLM1t-l7C )l 158 LI 300 5 510] z9701.00 190'PVC CavIty Line(1017 CUD 158 LF 551 $ 00.00 ],201 C0 m e_PVC Gury LIm(S'I 04)) 532 LF..__ 532_ wu0 21,380.00 20 S'PVC Drop LM ls'A'CM) 532 LF 532 $ 50.00 21,280.00 21 5'DM.Drop MSYde(I4-10 -- _ .....__.__. Deep) 2 _ LA 1 15 1650000 21.90.00 234'DM.Drop Manhole(I2-11'Deep) 2 EA 2 10.90.00 20.00000 234'Die.Drop MVNde(& Deep) 1E4 1 $ 10,00000 IG,WO.W 25 tDe_Dr�MWwle ce-8 Dec) 1 EA 2 8.00.00 7,000.00 282.HO. EWle..bOpn Cut 2 EA 2 $ 9.50000 1].100.00 28 2'F pEwMwie Eyed CN 91 LI 350 5 31.00 ].(00.00 27 THMr MtAMIMpBdly IW EA I1 30.00 1.60.x0 28 DeRater Premed 1 EA 1 $ 1.000.00 1.000.00 30 DeMWon rerNOPEwadNreroEdfl.wMna 1 LS I _3 x736.00 3,x.00 30 %ElutioOSHA Trench I _ LS I S _3 75000 3.750.00 31 OSHM TnMIPldedim 2870 LF 1831 $ 400 11.310.00 TOTAL I e2.506.27 . WATERIMPROVEMENTS r Bore Wider OBR 1535 LI 1I $ 0.000_ _ 00.000.00 1 6 GleCrOBR ELSA S 3020000 _ --00,000.00 9 GateValveTe COSI EA 4 S 1.30.0 1600.00 9 Du1e Iron Bens CO EA 1 S W.M `4'003 8'Dudes 11m5wWC081 EA 9 f 445.00 1.000.03 Fire 112 AswnN/e1W Noon Service Begs C091 EA 5 f 3.80000 1000003 C Cap COSI EA2 $ 800.00 1900.00 lir tB r -q SMemwI6'Tap*goy Coit LS I $ 3,10000 2,100.00 Tie to mB'Tidm DV.Coi1 LS 1 1f 1.000001.00000I,0.T.00 Pennell nt R.i Rep As Ms RpuYeE1 COMLS 0 _ ! 13,500.00 I E4btlay Emi+MM&Repots LS 1 327,0fl.24 27.07324 11 ,M 1 l5 1 1363.9015 00106 Place Morn raw.lest en an'uM dMtSlwMvq m Ra Nya. _ TOTAL:3 134.577.31 C. MISCELLANEOUS ITEM9__._..... iAllmCOSFLnLameCOtll I LS 1 W,W].00 $ 3,800.00 i au+...Hiw PJ:. 2 Trete C 91 CO SI 1 LS 1 13,10].00 3 1001.00 3 General DarSIae CO 11 1 LS I 12,10000 210000 • Xylem Weer$dWnsNe.339635]00a NT0�635] 8365BBI EA 1._... --.- 33.197. $00 3,19I.00 TOTAL 5 12,38700 TOTAL WORN TO DATE: S 1013,20.]0 URBAN EN6iNEEnING 2725 SWANTNER CC.T%15404 Page 1 MONTHLY PAY ESTIMATE CONTRACTOR MAX UNOERGROUNO CONSTRUCTION LLC _ DATE 605/11 ThP0.Box 371105,DAITAS ODA 1% 78427 ESTIMATE NO.: 9 PROJECT: WEST POINT CROSSING SANITARY SEWER IMPROVEMENTS JOG NO.: 40706.84.01 Nen Getaip&&n ]Clean*• RAS Wad UM Price Tole)Anoint 5% Done ha Date _ OlOM Contract 663,029.00 Change Order PI 70,97500 CNMe Order 02 2,497.00 Reeked Connect Amount 946,401.00 TONIto Work 1,013,660.70 Len 0%0%Relelnege Amain AmsMPryodyable 1,934560_]3 Less R LnsouiP i me _ 834,054.38 TOYIAnson Cu.w Ws Estimate 70,024.96 8.84nMe56T:Max uw«�N.u^5 can.Neman uc Data:6ovn �wea �n npn.�yy� .__. T —1 �Llru-init_ _. Date.In NRRM ENGINEERING 2725SWANTNER CC TX loos Page 2 ....,,....c..,,„,—..c Wes.Y l . 1m.,. M icslno In goo) Minn Miami,F lMmm�,le .eSeelIb. Fin el themeQ..,ninny e.n Quinsy,. relp.l.edn Cons Deolnen 5% UM unk Ma rdss.th AIN nisi Mu Anon inn r N . mI LS 140431.00 44304000 1600141410 1 LS WAX 01 mason Uri Lades I U 5151400.00 LOOMS 5321$11 .610,51 Sliu 6495 • 5410444•444IW" Masao n 1754 ▪ .S WSend Pul 5051 SIAS0014 ▪ 124/104II4n01141 3 IA Scam 3 St=m 31000.1 Kamm is A• nn I 49 $131.1 I IV 51o� I �"�" UM CO ,510.0 II S IS.30t.00 evnFoie 1 IS 41000 00 56•30 oo 54.5O.00 5130.00 14• r Y#emame 04ewe 900 Sf 15 44415 al IS IV K6n44un.1416'04p Sasso If Sans m IS los not Gasify w11n"I4nq 611 V Moo 65 554nim 17 In PVC Gann Lin 1141451 015 IS $0400 500 $113000 II r evcamlry tint I NJS On LSI il IIID n 57.10100 I9 • Yne IIS.10s0.41 5711 V Snm IS 02411100 10 fr In m RY5u11' 451 if 5101 53 021,340 PI utle 11414 O4411LI 51ACCO O. tle11Y-11'Mpl 510301 5240001 uaMgk PO-12GeNI EA 51040064 514003 00 u40511 It 40,041114 531y,f00 • Manna 15'-if av1Fl es $1j100 Slm.mam 16 s Non Nn.'by Own cur* s is Moo 35o 0001.00 is 000x1 165 V 0000 16 541000 16 Want nten t u 0040.O 5400.00 no etessessd 2' lf tivnlw nn10[WaterI IS line Is 5200.00 52130.0 5100 SI OSluwnd Saa Ye 1.100 a SI.IP 112 51119400 IULun151n a on%Se1 111450630 dlrvwal+dings WWI. enw: nldmwnr mwwnmraenm am eaowdnne ewu n �elpotcminus p a re0N1e • e.,nrwlmint"n410 015 remant;/nuns len.d4 nee nil fiefopen tart A 55 IS Szem 2n 54444500 nammm namam 4 31,10040 SM000 r wan_ 51101 1410.00 3.0.03 5400310 Fire irytmlufxnµW IWI be: CA SAMOM SISImm r Copa sroma 51.60000 YenewY sepo,„ di SZ 1E000 $2100.0 n.w bitting 01410 LI s lava, $.00000 ;wawa mai.ry maw IS Ss.ss000 Snm Sasafar i maman.14 wan 100 rnmer 11 u 024(012 2 $nnsse • 14,.flask mS OS rxmu 11.11 5 deerul en la Orynnf u $11344 I DISH Stam%nu paws. hwelmlaMil Prvun,n is 55000n I 9100000 r' unl.aw.fverb nmryl LS 51,I00.03 I 51.11,1 " sow 3120000 wlwaft.Nvl ammoammoMem Wm uwm.leer e,add I IS SI.407 .00 I 52.4s7.00 Svanul len m u 4..00 0440 SRMn Tani 4.4164140 461410406041 Con 5400.50)0 1441144 Penn. an. *moan avow.: I0030.n Les halm Paid 44411 Wen 5134,50131 nn On 464 in ninon 419.52431 {� 0 |}e | ||! g "0.7a :a -,I !-. §|!||t ,_,- ! ) ( j u j : ! ! ; !\ 8 ) § i | ° , } 8 . , / c \ } . \ } § 2 / _ 5 !g | | _ | | 7; § §• I . ` " ' g § | § ik . | , 0 :; | ) }i ) | | § ! | ; !j ! !( \( s - gg ) ; | | | ! r ) . : ! ! ! : H O „ ! ! 5n '% gn | | ! ! ! | ! | lud n' ! i , ! § ; ! 8, 8888888888 8, 8888888 `o e gaRemM og,„". ^. «µ 1-Na - 6 ^ c8888888888 8888888 MSR .t“ „ mm 2 2 E NN a 8 01 -V Z1 s _ _ os " "mg _ s • • .. .. • • gg s Sgaz YiRR 44X i-- Hp 465 S tE MM : mghe g $ Q t ii EviO a oc3s8E $ szag , | ; : ; § ) $\ \ sr . 2 ` , $ 88 0 ! , \ \ | 1. . . . . mIg 4 . . . ( § 888 --. ( i . , . (} I2 = a ° ` | ( ) ; | 1 - |. ! p | , ; , : . ; ! _ | r , ! l ; , , . • DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Peterson Properties, LP., ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 9, 2016 to develop a tract of land, to wit: approximately 35.41 acres of land, known as Westpoint Crossing, Block 1, Lots 1 and 2 as shown in the attached Exhibit 1,the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the 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 contract 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 330 linear feet 8-inch PVC C-900 2. Install one (1) 8-inch gate valve and box 3. Install one(1)fire hydrant assembly complete in-place 4. Install one 8-inch cap b. The Distribution Main Extension must begin at the north end of property and extend east alongside Old Brownsville Road and tie into proposed waterline on South Padre Island Drive. 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, specifications, 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. 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 September 20, 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 act 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. DEFAULT. The following events shall constitute default: a. Developer/Owner fails 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. Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 2 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 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 60th 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 Extension 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 September 20, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of 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/Owner fail to perform 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 obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the 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 Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots I and 2 vFinal Page 3 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 329.16 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. f. 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 term "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 inability 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: Peterson Properties, Ltd. P.O. Box 8229 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Grossing BR 1,Lots 1 and 2 vFinal Page 4 of 10 Standard Form Distnbution Main Reimbursement Agreement Template Version 1.0 3.29 16 Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. 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. 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. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, 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 Extension and the construction of the Distribution Main 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 Developer/Owner's 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 authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and 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 Developer/Owner to repair satisfactorHy 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. Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing elk 1, Lots 1 and 2 vFinal Page 5 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 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 $19,159.00 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 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 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 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: approximately 35.41 acres of acres known as Westpoint Crossing, Block 1, Lots 1 and 2, 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. Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1, Lots 1 and 2 vFinal Page 6 of ID Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 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 day of , 20 . (EXECUTION PAGES FOLLOWS) Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing elk 1,Lots 1 and 2 vFinal Page 7 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1 0 32g.I6 ATTEST: CITY OF CORPUS CHRISTI �1 1:X C'.C'1� j•l� 4� /�/&-,54, tic Rebecca Huerta Bergw,L-4r 4.+.r dr.R6Exi,�c City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City S c9ret ry, for theCity of Corpus Christi, Texas, and acknowledged before me on the to day of 2016. Notary Public, State Of Texas �'""'`4 j, KENS 0 SAPENTER ,11 / My Commission Expires October 15,2017 �•RaK, THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Gern44GGinelnterim Development ServiceOire9tor, for tto Cityof�Corpus Ch sti, Texas, and acknowledged before me on the � ay of U54 , 20% t7 Sl0 Notary Public, State Of Texas ' v_i 07-Nnq SC �c��•. ( APPROVED AS TO FORM: 4_ 201 .. 0 COUNCIL It) t+ 1 --&t.ef/4 61/e2t SECRETARY Assistant City Attorney Distribution Main Reimb Agmt-Peterson Properties,LP•Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 8 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1 0 3 29 16 Peterson Properties, Ltd. By: 444\d/464, Patricia Peterson Nuss General Partner STATE OF 1 )( 4 § COUNTY OF N>J2 S § This instrument was acknowledged before me on AV5 r't- I , 201p, by Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. 4;. J6UANA JEEA#10868260 NBARTON i� ‘1)1tary Public' ignature Nota D ry LIO. My Commission Expires ^vn — _ June3,2021 _,� Peterson Prope 'es, Ltd. 11 By. A ik alt r,— Ch , - Christy Peter on : :wn General Partner STATE OF 'e Uir § COUNTY OF �CC.�} § ed before me on 4v)vs-4--This instrument was acknowled9 � 1J6, Y204, � Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on behalf of said partnership. -� u JUANA JEAN BARTON �� lt���� Notary 10110868260 1 otary Publi s ignature 47 My Commission Expires 4,,,. June 3,2021 Distribution Main Reimb Agmt-Peterson Properties LP-Wes,po,nt Crossing 81k 1,Lots 1 and 2 vFinal Page 9 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Pete on Properties, Ltd. Ilkl By. __ Jam 7'eterson Gener.J 'artner STATE OF NCikek S § § COUNTY OF.___ 1.e_cit.A, § f\ (0This instrument was acknowledged before me on 1"�U Ui; I , 201:, •y James D. Peterson, General Partner, Peterson Properties, Ltd., a Texas Limited Partners ip, on behalf of said partnership v---) /� ,,w �. JUANA JEAN BARTON No:fry Public's.:ignature '` Notary ID X10868260 r' * 11 My Commission Expires Ns." June 3,2021 Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Btk 1,Lots 1 and 2 vFinal Page 10 of 10 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 m _. "`:: t �(A'..a a IU', a gx° N.° u t5 g�g� i! i: D @ gr .` 622 n! NuOt Eu °B I� o tia0) «.w o i Y r D o s a e '2 l i f (0 ,( n.. �', - M UZI .. c. Ic .5h � a, Zc1` a. ‘r €; / s € =:g ' Y° I p S tsg15 MW S I v u1 it I *- Z9' r t. 22 fr- 0it 1 .` ; AK . 1 t 8 -gam i € W �� �\. Z gY $ �g .Lfi 'S $ 1 1 r oh E o < .�¢ "� I 1 I '8b c \�J Mil o a• : f.g a5€ I� s °Wa SU 1 32 A:41 i] ° F i E5 rc I ° E - Nu «d. « z inu �.- 85 °Ei �eo> s: z° LI ,2)0 r01 O n m w a ' U 11'0440 AiRs�0z *,, ,,8-2Q---,k1:-.- C B,-,Y1 o 4 i^ Z Ka 2- �j "'e ° r 0 ch- S6 .?' 1'3 6• ++ a U , cpbN .4W x e s4 SD 411, C rs ..„ A Id s , g $yy7�0 goo ' X a p .; $lk#O�4DDE1. {�c V�o � W EJJ" am � aCcc'555 Q� 1 0� N o 0&- I "5- t i11 1 n,2LL * a° �gA c6. o$ qt.� f t o g-So„ g ( ora € ySS « ot *lig m ova4 t• io f:Yy .n ,2 :.11 as a WOo 1,,„2 ,' €. i$lig a al 5 =-75-a.: g Nu. � 5;S`s 6 r il 51:.1.e. .`-n So g o g2ec"1 noT 3 n 3$ = m at i o 3E„sSS c 4� €5 ao YgS L.Y as to op E v' $mo sa c° Eo n $i k P 6u5�5 o W6 2? oo b ES o p < c6 2 cv' w .211313 5 1 ale c s «.5..=7; u° Z .z. 3 0 .2 L w g=a A O N 8 Ole .' gP Via•-.° $o 1 ' n-s6 o , io e a o.-.aa b g `ai Y� y=fi n g. L Efibo- S •i8 18.4SIS n .Tas ' oQ'a � '� _� Viz-'oy • 5 LE oa ��Y 3 i 11 I; «dn' IA midi 30 3 ;ose P s g, mR : a S v.v n «.�$ m al �m iz - °1 wf 4 U1 b ‘.i-, s" ,. a k N N 10 4- �= :� 1 .. . c gViTs ., N o a 6g F i = APPLICATION FOR WATERLINE CREDIT We, Peterson properties , LTD , a Texas limited partnership , whose address is P .O . Box 8229, Corpus Christi , Texas , 78468 , Owner of proposed Westpoint Crossing Block 1 , Lots 1 & 2, hereby apply for $19,159.00 credit towards the water lot/acreage fee for the installation of the 8" C-900 water line as provided for by City Ordinance No. 17092. $19,159.00 is the construction cost, including 15% Engineering and Surveying, as shown by the cost supporting documents attached herewith. i.4.4,...t.„ 44 _ f z Patricia Peterson Nuss General Partner Date Peterson properties, LTD JUANA JEAN BARTON My Commission EOM STATE OF TEXAS § W June 3,2017 •''1a COUNTY OF NUECES § This instrument was ackn wledged efore me on �t,}"1- 1q , 2016, by fc tv,.Lic, 'i-}cvsot„ Furs (Name), g,,itu,i (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said ,,�„ ` JUANA JEAN BARTON \ My Commission Expires ? ,- _ at 1,�►C; June 3,2D17 N fary'P� • 'c in •d for the State of Texas A ,:, , , ‘ p I y_4_74_,____ Chris Ann Peterson :rown Date General Partner Peterson properties, LTD THE STATE OF TEXAS § JUANA JEAN BARTON 0 j My Cammission Expires COUNTY OF NUECES § June 3,2017 This instrument was ackn wledpd befof,9 me on AV1� 1 2016, by -1,1•11t Rv r r--i .' ' Kra (Name), ,c, ,.1fir )11-1 (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said partn r i . 74` JUANA JEAN BARTON r� My Commission Expires is!'>:It 'y__ to th( — June 3,2017 Notafy Public in and for the State of Texas �h.�.� r—.,►,;k;+ o Paae 1 of 2 .x. , - b6 J.. V*. Peterson General Partner Date Peterson properties, LTD THE STATE OF GAEFFeeRNtA § COUNTY OF S A § This instrument was acknpwle ged be re me on A`'51'- ` 19 2016, by i S t riv) A s litAn (Name), A1,411.../ (Title), of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said adnersbip. _ JUANA JEAN BARTON .My Commission Expires �i c s, <t <7 / 2-'6'‘41--- X4rsaAim 3,2017 Ao ary Public in gn for the Stated of Conferrers 7-4,(45- . CERTIFICATION 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 Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date Pvhihif Page 2 of 2 COI 18 = z FA F 7Wf .... a -1a 4i a L oo6'S - W e$ N `'� % xg o S 151 11E2 se iA4 NN ill ili :1 ,4t ° �l a Fio $ ssss 104 gtr !i 00 2lt'' its !Jh CL = • 0000 C.Z W Og8 c:j O0 ZLaQy^M, Cf) W � Z ,� � ! Q W U m co C :.� i _.. J > OO.' w 0CC _IT Qc Z CC 32 O CO UVJ o0 o0g . , CO „on a-� O Y 8^� Q r� N Qa ` 8 $71 E UI— i 5 ` ' V � w Z U �J°�frr� b l q Pga W 0 — �aCC co ° '°�� s�� � s0, , Z ,— H O U P W mph , CC 1e 0 t 3 t)c, X\ Pr ei b3• f t 3[1 �a y irdi�e ,yg ,li ,e. s y€€ 14 YP Yr it �..' 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DEFERMENT AGREEMENT July 13, 2016 By: C.R.R. for Job No.40706.B6.02 LOT 1, BLOCK I WESTPOINT CROSSING Item Description Quantity+: Unit Unit Price Total -- 5% - Amount A. (SANITARY SEWER IMPROVEMENTS 1 Lift Station 1 LS $259,000.00 $ 259,000.00 2 .6"PVC Green C-900 Force Main(DR 25) 7,040 LF $ 28.50 $ 200,640.00 3 6"D.I. 90 Degree Bend (M.J.) 1 EA $ 750.00 $ 750.00 4 '6" D.I. 45 Degree Bend (M.J.) 20 EA $ 675.00 $ 13,500.00 _ 5 6" D.I. 22 1/2 Degree Bend(Mi.) 3 EA $ 650.00 $ 1,950.00 6 6" Plug 3 EA $ 2,000.00 $ 6,000.00 7 Air Release Valve 3 EA $ 4,300.00 $ 12,900.00 8 12"Steel Casing _ 44 _ LF _$ 200.00 $ 8,800.00 9 Asphalt Pavement Repair 75 SY $ 90.00 $ 6,750.00 Tie to Proposed Force Main to Existing Sanitary Sewer -- -- 1 LS { $ 600000 $ 6,000.00 10 Manhole 11 Twin 30"RCP with S E.T 1 LS $ 4,500.00 $ 4,500.00 12 7'Thick Concrete Driveway900 SF $ 7.50 $ 6,750.00 13 10' PVC Gravity Line(14-16'Cut) 368 LF $ 85.00 $ 31,280.00 14 10" PVC Gravity Line(12'-14 Cut) - 683 LF $ 78.00 $ 53,274.00 15 10" PVC Gravity Line(10'-12'Cut) 525 LF $ 55.00 $ 28,875.00 ...... 16 8"PVC Gravity Line(1(Y-12'Cut) 158 LF $ 51.00 $ 8,058.00 17 :8"PVC Gravity Line(8'-10'Cut) 578 LF $ 44.00 $ 25,432.00 18 '.8"PVC Gravity Line(5'-8'Cut) 458 LF $ 40.00 $ 18,320.00 19-(5' Dia. Drop Manhole(14-16'Deep) 1 7 EA $ 13,850.00 $ 13,850.00 20 I4'Dia. Drop Manhole(12-14 Deep) 2 EA $ 10,500.00 $ 21,000.00 21 4'Dia. Drop Manhole(10-12'Deep) 1 EA $ 10,000.00 $ 10,000.00 22 4'Dia. Drop Manhole(8-10'Deep) 1 EA $ 9,000.00 $ 9,000.00 23 '4'Dia. Drop Manhole(5-8' Deep) 2 EA $ 8,500.00 $ 17,000.00 24 12"HDPE Waterline by Open Cut 84 LF 1 $ 20.00 $ 1,680.00 25 12"HDPE Waterline by Boring 163 LF $ 30.00 $ 4,890.00 26 Water Meter _ 1 EA $ 1,000.00 $ 1,000.00 27 Tie Proposed 2" HDPE Waterline to Exist.Waterline 1 EA $ 2,000.00 $ 2,000.00 28 OSHA Trench Protection 2,870 LF $ 4.00 $ 11,480.00 - -- -- _- - SANITARY SEWER SUB-TOTAL $ 784,679.00 • URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI,TEXAS 76404 361-854-3101 Exhibit 4 Page 1 of 3 Eng.: Mud Hudson, P.E. DEFERMENT AGREEMENT July 13, 2016 By: C.R.R. for Job No. 40706.66.02 LOT 1, BLOCK 1 WESTPOINT CROSSING Item. Description Quantity+:. Unit Unit Price Total B. WATER_ r _5 ___ __.. 5% - Amount IMPROVEMENTS: 1 '8"PVC C-900 1,442 LF $ 26.00 $ 37,492.00 2 '!8" Gate Valve and Box r 4 EA $ 1,500.00 $ 6,000.00 3 I8" Ductile Iron Tee ! 1 EA • $ 475.00 $ 47100 4 8"Ductile Iron Bends 4 EA $ 425.00 $ 1,700.00 5 Fire Hydrant Assembly Complete In-place 4 EA $ 3,500.00 $ _ 14,000.00 6 8"Cap 2 EA 5 250.00 $ 500.00 7 16"x8"Tapping Sleeve w/8"Tapping Gate Valve 1 LS $ 2,500-00 $ 2,500.00 8 Tie to Existing Water Line 1 LS $ 1,000.00 $ 1,000.00 9 Pavement Repair(as Required) I LS $ 2,500.00 $ 2,500 00 WATER SUB-TOTAL: $ 66,167.00 C.MISCELLANEOUS ITEMS: 1 General Conditions 1 LS $ 44,000.00 $ 44,000.00 2 Mobilization 1 LS $ 35,000.00 S 35,000.00 3 Storm Water Pollution Prevention Plan Items 1 LS $ 6,250.00 $ 6,250.00 4 Traffic Control Plan and Items 1 LS $ 4,500.00 $ 4,500.00 MISCELLANEOUS ITEMS SUB-TOTAL: $ 89,750.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $ 940,596.00 • ENGINEERING(8%):' $ 75,247.68 STAKING AND TESTING(3%): $ 28,217.88 CONTINGENCY(10%): $ 101,250.00 I. GRAND TOTAL: $ 1,145,311.56 • • URBAN ENGINEERING TBPE FIRM NO. 145 2725 SWANTNER DRIVE CORPUS CHRISTI,TEXAS 78404 361-854-3101 Exhibit 4 Page 2 of 3 • Eng: Murf Hudson, P.E. Reimbursement Estimate June 1, 2016 By: C.R.R. for Job No.40706.86.02 LOTS 1 and 2, BLOCK 1 WESTPOINT CROSSING ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. WATER IMPROVEMENTS: 1 8"PVC C-900 330 347 LF $30.00ISI $10,410.00 2 8"Gate Valve and Box 1 1 EA $1,500.00 � $1,500.00 3 Fire Hydrant Assembly Complete In-place 1 1 EA $4,500.00 $4,500.00 4 8"Cap 1 1 EA ` $250.00 $250.00 WATER SUB-TOTAL: $16,660.00 ENGINEERING,ADMINISTRATION AND SURVEYING @ 15%: $2,499.00 • TOTAL REIMBURSEMENT: $19,159.00 • • • • __.._ • • • _ — • • Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 4 Page 3 of 3 • INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability(if applicable) 9. Underground Hazard(if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit I. Owned 2. Hired&Non-owned 3. Rented&Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000/$500,000/ $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, • rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. Exhibit 5 Page 1 of 3 • II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers'compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A-VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi,TX 78469-9277 (361) 826-4555- Fax# D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain therequired insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 • G. Nothing herein contained shall be construed as limiting in any way the extent o which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi,Teras Department of Development Swim Cityof p O 13ox 9277 L 7 Corpus Christi,Texas 78469-9277 826- 0 361) Corp Us Locate)(at: 2406 Leopard Sucet Christi (Comer of Lcopard St xtaiPort Ave =wir ) 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 informat n. Every question must be answered. If the question is not applicable, answer with"NA". NAME: O 1�3 L - STREET: !J oY 81-;)q CITY: �N 1l //f L�VVt r/g_ ZIP: '7 Yh FIRM is: ❑ Corporation gPartnership D Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 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 /1/&1,k 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 ///6)1), 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changeloccur D 1 Certifying Person: r c " tet/SOY1 uSS . Title: �,t�if,-✓` Gv 1111 (Print) Signature of Certifying Person: kt Date: / �/ / 9 fY 9 �h j ' g K`DEVFIOPMENfSVCSSHARIDLAND DEV'ELOPMENTOKULNANCE ADMLNISTRATTOMAPPLIE AWN FORMSVORMS AS PEK 1EGAL\2012'DISCLOSURI. INTIRESTS Page 1 of 2 STATEMENT:27 I2 DOC Exhibit 6 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. "Officiar. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held' refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K OE'swp'lrNTs cssIIAREOLAND nE\EOIWENTORDINANCE AOIPISTRATIXM+nm IrATM*:FOCUS FORMS AS PEP LEG'LLm2DISCLOSIAE OF INTERESIS STATEMENT!.,LDOC Exhibit 6 Page 2 of 2 City of Corpus Christi,Tues Dcpanmcnt of Development Sercun City Of277 P.O,Txao corps Christi,Texas 783(9-r_7; (361)826-3210 iii 6 COMUS Located at: 2406 Leopard Street tta (Corner or Leopard Si.and Port Ave =" - ChnSti ...,r•.1.rrr 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: ee- ^.rs gr,,,,,J `i STREET (CI6-0as 1CITY: j (j vif- ) 7( ZIP: agr______ FIRM is: El Corporation Partnership ❑Sole Owner nAssociation ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Title NA 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 /UOr_Q 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 Al Q\"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 r•quest-•, -e : a-tr pplemental statements will be promptly submitted to the City of Corpus Christi, Te - •s ch- •-s of •. Certifying Person: - It 'IL, ��. Title: 6-4,144l ifi k$- / (Print)Certifying Signature of f fY 9 Person: �V` r V 1 Srth e4evicii `' ' Date: qSfit K\DEVFIOPMENTTSVCS'.SHARED'lANT)DI\TJ.OP.SiF_VTORDP4ANCE ADMINISTRATE;N,APPUCATION FORMS%FORMS AS PER LEGAL2012DISCLOSURE OF 0TTERESTS STATEMES712712.DOC Gvhiinit R 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. a "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. SHAPED LAND OEVEI nrM s1(WDONNrE AOYCnSTRATIO.MprLICADnN f0MsF0RMb flR Lt S (n L?,, :nL:LOSLRE a dRnksrs nn """'°oo` Exhibit 6 Page 2 of 2 r City of Corptu Christi,Teas Department of Development Services City ofP O.Box 9277 Corpus Christi,Texas 713469.9277 gig (361)1(26-3240 Corpus Located at 2406 Leopard Street taaaawtss� (Corner of Leopard St.and PonAve) =- = Christi .......v. 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". 1-1-) NAME: 6ff i- 3 ` STREET: e.° J ,4 • h• CITY: a - ZIP: rir7 if FIRM is: ❑ Corporation 1 Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 111 Mi 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 fj°l'kI 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 NO\OS 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 (VOW, 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. �/ Certifying Person: s i' ,01).,1G1 S l �/3TSn Title: (?PrY+.gNri a...fr./J., (Print) �/1�1j1� Signature of Certifying Person: t (,lcj til(A4-- J Date: Q K''DEVELOPMENTSVCS'SItARED•LAND DEVE(APALT�.7.0 7lNANc't AUALL4tS 1710 LICATtrr7 FORNSFOR.MS AS PER LEGAL\20I2\DISCLOStJRE OF/P TERFSTS STATEMENT'l 27 12 DOC l FYFTihit 6 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. mtasv PFVELorME,TOEDI,ANCE'TnMxmATEOM1UrmulwN FoaurmLNs AS rot lient ai rmfaosuaE OF m7rnens x`n"°EN7 "712 DO 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. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties, Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/08/2016 being filed. City of Corpus Christi Date Acknowledged: 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 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County,TX Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. X 6 V I swear,or affirm,and fen Iry of penury,that the above ' losure is true and correct. UJUANA JEAN AERTON / fir/ C ,3,2nEre:June 3,2017 Prit Signature of au I orized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE 41)) Swornand subscribed before me,by the said ' 1/I(,IA � YSQr� i t�\JSS,this the >< __day of °Si 20 I b ►~,to certify which,witness my hand and seal of office. k.A r P.arliii. _>,.. ...) •,Z11/2 01\..\QC1171 g.811-` 4/ YIP ___ it . el6 : icer:a ministering oath Printed name of officer administering oath Title of officer ad !..91v oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties,Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 08/08/2016 being filed. City of Corpus Christi Date Acknowledged: 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. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County,TX Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. x 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. t& /, JUAHA JEAfI BARYON J ,I A11L`''t;pmmieti0n Ex9iroe ^ . �I June 3,2017 +./J. ( ,• 1 �ar Signature o authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE • !I, Swor and subscribed before me.by the saidZ_____ __LLijolt__67r—t/SALthis the / day of Ati,V)4 20 ( ' ,to certify which,witness my hand and seal of office. a � •< <-L• moi; ,11o.T.I. 5.-4111gov+A, `Signature of administering oa.i Printed name of officer administering oath Title of officer_administering oath Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-96437 Peterson Properties,Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 08/08)2016 being filed. City of Corpus Christi Date Acknowledged: 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. 2 Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County,TX 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary • • 5 Check only if there is NO Interested Party. ❑ 6 D I swe. ,or a • ren p airy of perjury,that .• : .ove disclosure is true and correct g` JUANA JEAN BARTON 1 , My Cortxnission Expires / June 3,2017 lure of authorized nt of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworri to and subscribed before me,by the said /he' Cf CSI this the /(9 day of 40)41.4 20 I Fi ,to certify which,witness my hand and seal of office. Signature of ojfi r administering oath Printed name of officer administering oath Title of officer adhtinistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 r I From: i � r y of Goy puS %;nriSti De.e npment Services/ Special ServicE 2406 Leopard, Suite -:C) C opus Christi, TX 78408 wo y Doc 20170480-)6 Pages Erer ,7 11/16/2017 3.30F'M Off icial Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $235.10 Any provision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Race, Color? Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number 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 YNDS w2.-6), r ti