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HomeMy WebLinkAbout032231 RES - 09/29/2020 Resolution authorizing an amendment to the Participation Agreement with MPM Development, LP to construct two C-3 collector streets associated with a planned residential subdivision known as Kings Landing; and appropriating $30,788.37 to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Participation Agreement ("Amendment") attached hereto, with MPM Development, LP, to include the cost of performance bond insurance. 03223 .1 SCANNED PASSED AND APPROVED on the , `� -day of , 2020: Joe McComb Al Roland Barrera � Rudy GarzaQ Paulette M. Guajardo Q Gil Hernandez / 2 Michael Hunter Ben Molina Everett Roy Q Greg Smith 'LQ . ATTEST: CITY OF CORPUS CHRISTI Reb cca Huerta Joe omb City Secretary May r AMENDMENT OF PARTICIPATION AGREEMENT This is an amendment to the Participation Agreement for Oversizing Streets and Drainage Crossing, Document number 2020020941, originally dated May 20, 2020, by and between: MPM Development, LP and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Participation Agreement for Oversizing Streets and Drainage Crossing, with the following addendum as follows: Section 16 (a) is amended as follows: Section 16. Reimbursement. a. The maximum reimbursable amount pursuant to Section 212.071 $ Developer Participation & 212.072 of the Texas Local Government Code and UDC §8.4.1. for the Participation Agreement is increased in the amount of$30,788.37 as shown in exhibit 3 for a total of$1,570,206.65. Notwithstanding any other provisions in the participation agreement, the City will reimburse the Developer/Owner the reasonable actual cost of the Streets Oversizing Construction up to an amount not to exceed $1,570,206.65, the contents of such exhibit being incorporated by reference into this Agreement. Exhibit 3 addendum. Increase in cost estimate in the amount of$30,788.37 for additional expenses associated with the project. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 12020. CITY OF CORPUS CHRISTI MPM Development, LP Al Raymond III, ACP, CBO Mos staghasi, Director of Development Services General Partner APPROVED AS TO FORM: Buck Brice (date) Assistant City Attorney for the City Attorney 1 STATE OF TEXAS § COUNTY 0rl.2c" § This instrument was acknowledged before me on day o2020, by Mossa Mostaghasi, General Partner, MPM xas Development, LP, A limited partnership. -� z°f r !D# 1178588 3 IVotary Public '��``•.. r'��y=f STATE Of TEXAS My Comm. Exp. 11-04-2023 No Notary Public's Signature 2 July 23,2020 MPM Development Po Box 331308 Corpus Christi,TX 78463 5/20/20 Til Finished Ohio Casualty Bond-Road Extension-$1,539,418.28 $30,788.37 6411A"awligifib" Bow wfffffq $ Comments: Paid in full 07/15/2020 Paid in full 07/15/20: Bankers Insurance Services (877)219-6519 PO Box 33012 St. Petersburg,FL 33733 bbis@bbisinsur•ance.com Exhibit 3 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 18068-PCE- OVERWIDTH 03/18/2020 KING'S LANDING UNIT 1 PRELIMINARY COST ESTIMATE C-3 COLLECTOR STREETS IN LIEU OF 28'RESIDENTIAL STREETS COST OF 50'BB STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 8"PCCP 28345 SY 69.00 1,955,805.00 2 8"LIME STABILIZED SUBGRADE TO 2'BC 30612 1 SY 8.001 244,896.00 3 1 EXCAVATION TO 2'BC 30612 SY 2.501 76,530.00 SUBTOTAL $2,277,231.00 DEVELOPER PORTION OF COST OF 28'BB STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 2"HMAC 13605 SY 18.00 244,890.00 2 6"CRUSHED LIMESTONE BASE TO 2'BC 18140 SY 15.00 272,100.00 3 8"LIME STABILIZED SUBGRADE TO 2'BC 18140 SY 8.00 145,120.00 4 6"CURB&GUTTER 10204 LF 13.S0 137,754.00 4 EXCAVATION TO 2'BC 18140 SY 2.50 45,350.00 SUBTOTAL $845,214.00 OF Tf,� CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST 1,432,017.00 *;_ 7.S%ENGINEERING,SURVEYING,&TESTING 107,401.28 ..NI�OON M.WELSH. .. ........... ......... TOTAL AMOUNT REIMBURSABLE $1,539,418.28 . NAL E� T ' ai-- Ll r Exhibit 3 Page 1 of 1 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: Legistar Number: 20-1102 September 29, 2020 Agenda Item: Resolution authorizing an amendment to the Participation Agreement with MPM Development, LP to construct two C-3 collector streets associated with a planned residential subdivision known as Kings Landing; and appropriating $30,788.37 to reimburse developer. (District 3) Amount Required: (Amount to be Certified) $ 30,788.37 Fund Name Accounting Unit Account No. Activity No. Amount Dev Part BD 16 3702-052 550910 20269-3702-EXP $30,788.37 Total $30,788.37 ❑ Certification Not Required Dir or f Financial Services Date: 1