HomeMy WebLinkAboutC2021-358 - 9/14/2021 - Approved 1
ADDENDUM NO. 1 TO LEASE AGREEMENT WITH FORESIGHT CORPUS CHRISTI
GOLF, L.L.C.
Whereas, on October 26, 2010, the City of Corpus Christi (herein referred to as "the City") and
Foresight Corpus Christi Golf, L.L.C., a Texas Limited Liability Company and wholly owned
subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (herein referred to as
"Operator") entered into a Lease Agreement; (herein referred to as the"Lease")regarding the Oso
Golf Course and the Lozano Golf Course properties;
Whereas,the Lease was amended by Amendment No. 1 on April 30, 2013, and Amendment No.
2 as of December 1, 2020;
Whereas,the Lease authorized the Operator to segregate and hold the Capital Fund to fund capital
improvement projects at the Golf Courses;
Whereas,the Lease authorized Operator to make certain capital improvements to the Golf Courses
with approval from the City Manager;
Whereas,the Operator has proposed a capital improvement project to remodel the executive golf
course and the practice range at Gabe Lozano (the "Project"); and
Whereas, the intent of this addendum is to layout the responsibilities of each Party specifically
related to the Project.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. The Parties enter into this addendum, effective on the date of last signature, to authorize
the Project under the terms of the Lease.
2. City and Operator agree that, in accordance with Sections 8.2 and 12.2 of the Lease and
according to state law,the City authorizes the Operator to proceed with the Project,as more
fully described in Attachment A, which is attached hereto and incorporated by reference.
a. Development of Plans and Specifications. Operator will have the engineer or
architect prepare all plans and bid specifications for the Project in compliance with
all applicable City, State and Federal codes and regulations for a City public works
project. Operator shall ensure that the contract with the engineer or architect for
design includes the terms on attached Attachment B.
b. Project Bids. Operator shall competitively bid all construction contracts related to
the Project in compliance with Texas law and in a commercially reasonable manner,
including without limitation, advertising the Project and soliciting bids in a local
newspaper. The specifications and contract terms for construction must include
terms outlined in attached and incorporated Attachment C. Operator shall be
responsible to provide oversight and contract management services including
inspection services to verify work is timely and properly completed. Operator shall
obtain all required City permits for the Project.
c. Project Completion. Operator must cause the contractor to complete all work for
the Project within three years following the Effective Date of this addendum.If
4821-9119-7945,v. 1 SCAN N E D
2
construction of the Project is not completed within three years of the Effective
Date, the City shall notify Operator in writing of such failure of completion and
provide 60 days from the date of the notice for Operator to resolve the failure to
complete the Project. If, after 60 days, and taking into account any extenuating
circumstances that might have occurred through no fault of Operator, as
determined by the City, City may terminate this addendum and have no further
obligation to provide funding to Operator for this Project. Upon termination of
this addendum for failure to timely complete the Project,the City may contract
with a construction contractor to complete the project and seek all remedies
available under any payment or performance bonds but will have no obligation to
do so. In the event that the failure to complete the Project is a result of breach of
contract or other failure on the part of Operator's contractor, Operator, with
assistance from the City if necessary, will pursue any remedies from the
contractor. If the failure to complete the Project is caused by Operator's
fraudulent misappropriation of funds,then the Operator will re-pay the funds
misappropriated from the City.
d. Quarterly Updates. Operator must provide quarterly updates on the Project to
the City's Director of Parks and Recreation in October, January, April, and July of
each year until final completion and acceptance of the Project by the City.
3. City will provide funding for the Project,up to$2,300,000 on a capital improvement basis.
a. City Maximum Funding Amount. The parties agree that the capital expenditures
required to complete the Project are not to exceed $2,300,000 which is defined
herein as the"City Maximum Funding Amount."The City shall only be responsible
for payments up to the City Maximum Funding Amount for completion of the
Project. Operator agrees to be responsible for payment of any costs which exceed
the City Maximum Funding Amount.
b. Construction Payments. The City has approved Certificate of Obligation funds
for this Project. These funds are held by the City for the dedicated purpose of
funding this Project and no other purpose. At the request of the Operator, upon
seven day's written notice, the City will provide documentation showing the funds
remaining in the City's possession that are dedicated for this Project. The City will
deposit the City Maximum Funding Amount to the Capital Account established
under the Lease. Operator will issue payments for design and construction of the
Project out of the Capital Account as costs are incurred for design and construction
draw requests of the Project in accordance with the Lease and the design and
construction contracts for the Project on an as-needed basis as laid out in the
Payment Approval paragraph below.
c. Payment Approval. As costs are incurred, the Operator can request that the City
distribute funds to the Capital Account by submitting a Request for Payment
Approval. When requesting payment approval, Operator will submit to the City
Director of Parks and Recreation a Request For Payment Approval, in the form
attached hereto as Attachment D for approval of payment of the costs related to
the Project described in the Request For Payment Approval. The City will approve
4821-9119-7945,v. 1
3
or resolve any objection,unless such action cannot be resolved without information
or action from Operator, Operator's contractor, or other non-City actor, to the
Request For Payment Approval within three business days of receipt of the request.
Funds will be distributed to the Capital Account within 14 calendar days following
City approval of the Request for Payment Approval.
d. No Payment of Staff.City will not pay for Operator's staff time related to oversight
and contract management of the Project.
4. City acknowledges that during construction of the Project the 9-hole executive course and
the driving range of the Lozano Golf Course will be closed and consents to the closing of
such two facilities for the duration of the Project construction. Also, during the Project
construction, City Director of Engineering Services and City Director of Parks and
Recreation, or their designees, have the right but not the obligation to inspect the Project.
Operator agrees to timely resolve any issues identified by City staff that represent non-
conformance with the Project design and construction plans.
5. Indemnification. Operator, its officers, agents, and employees
(`Indemnitor") shall indemnify and hold the City of Corpus Christi, its
officers, agents, employees, and representatives ("Indemnitees') harmless
and defend the Indemnitees from and against any and all liability, loss,
claims, demands, suits, and causes of action of any nature whatsoever
on account of personal injuries (including death and Workers'
Compensation claims), property loss or damage, or any other kind of injury,
loss, or damage, including all expenses of litigation, court costs, attorney's
fees, and expert witness fees which arise or are claimed to arise out of or
in connection with this Agreement or the performance of this Agreement,
regardless of whether the injuries, death, or damages, are caused or are
claimed to be caused by the concurrent or contributory negligence of
Indemnitees, but not if by the sole negligence of Indemnitees unmixed
with the fault of any other person. Indemnitor must, at its own expense,
investigate all claims and demands, attend to the settlement or other
disposition of such claims, defend all actions based thereon with counsel
satisfactory to the City Attorney, and pay all charges of attorneys and all
other costs and expenses of any kind arising from any said liability, damage,
loss, claims, demands, suits, or actions. The indemnification obligations
of the Indemnitor under this section shall survive the expiration or earlier
termination of this Agreement. CITY DOES NOT AGREE TO DEFEND,
NOR INDEMNIFY, NOR HOLD HARMLESS, OPERATOR UNDER ANY
CIRCUMSTANCES.
6. This addendum is governed by the terms and conditions of the Lease, as amended, and is
considered part of the Lease for all intents and purposes. Failure to comply with the terms
of this addendum may be considered Operator or City Default in accordance with Section
15 of the Lease.
4821-9119-7945,v. 1
4
7. This addendum may be executed in multiple counterparts and by deliver of electronic fax
or PDF copies, and all such counterparts will be deemed one and the same agreement
among the parties whether or not the signatures of all parties appear on any given
counterpart.
AGREED TO BY:
Foresight Corpus Chi.' Golf, L.L.C.
By:
Daniel A. Pedrotti, Jr., Manager
Date: t/
STATE OF TEXAS
COUNTY OF (&41 ca.11
This instrument was acknowledged before me on q 124 120 2 I by Daniel A. Pedrotti, Jr. as
Manager of Foresight Corpus Christi Golf, L.L.C. on behalf of said company.
Ain otary Public
CITY OF CORPUS CHRISTI •
���.4.14e,, TINA MARIE MASSINGALE
eg/td-e.
$a�;'' 4+i Notary Public,State of Texas
By: 1.0 Comm.Expires 01-11-2025
Peter Zanoni, City Manager
Vie-1'47S Notary ID 132860938
Date:
STATE OF TEXAS
COUNTY OF NUECES
A rPa CYIYd►�r A55
This instrument was acknowledged before me on 'Feb. 1 , dOa. by r-�anenras th9fity
Manager for the City of Corpus Christi,Texas a Texas municipality on behalf of said municipality.
!. / i....
ATTEST: � ' � - � , �" �
REBECCA HUERTA
�,(� `-(\(\Uc�L Notary Public
nice SF_CRETARY U7HOKILL. (�
sY COUNCIL.... {f��
Approved as to form: .�s�u. i'°Y``f.�: MARTHA VAZQUEZ ,
4F fARMY No1ffiY b#128028579
By: (I4cq..0 . IJUI.c.�. Q 10-1 zl ~Z :q tires March 5,2022
Assistant City Attorney Date
4821-9119-7945,v. 1
ATTACHMENT A—PROJECT DESCRIPTION
This project consists of a complete redo and transformation of the existing practice range and 9-hole
executive golf course. From facilities that are underutilized and sub-par when compared to other
municipal golf courses, this project will create "state of the art" practice facilities and a 9-hole golf
course that will be an excellent venue for all instructional programming and practice, high school and
middle school golf and serve as additional high-quality inventory for the City's residents and guests.
Lighting the facility will expand the hours of operation and will create an entertainment venue certain to
increase the enjoyment of golf and recreation for all patrons, existing and new.
The specific details of the project include:
• Expanding the practice tees to accommodate 50 hitting stations at one time.
• The practice range area will be excavated and lowered to create better visibility of targets from
the practice tee. It will facilitate drainage that will enable the range to tolerate rainfall and
remain open for the maximum number of days. It will also facilitate creating a high, wrap-
around ridge around the perimeter of the range that will contain golf balls and provide
protection for players in the surrounding areas.
• The project will add an additional 10,000 square foot practice green for practice and
instructional programming while allowing the existing practice green to be used as a warm-up
facility for the 18-hole regulation course.
• It will create a "short game" practice area for practicing chipping and bunker shots and a
"pitching area"with targets spaced at 10-yard intervals to facilitate precision practice for longer
short game play.
• It will include a complete remodel of the 9-hole executive course, complete with new putting
greens, tees, bunkers and a "Scottish Style Burn" to add strategy,variety and interest to the new
golf holes while providing storm drainage to remove excess rainwater in storm events.
4821-9119-7945,v. 1
The Executive & Junior Golf Training Facilities
at Gabe Lozano Golf Center
for The City of Corpus Christi, Texas
Ii.••..I J•...ftl.••••... M 1.0.•w.•r..••...
3 1L Map...ea I.••...••d.•i t.....i..•..r 6w•w,. .tib.•1.6.
w.•..r.ti...y .« orioNIbboa.Iod. m •••11 •Wwlro
wag..W V ry.L.vo••••••••••i...•.Ir.f.r
3 •M•w ICON y Lr p..f... pr. 1%.•r...•• •+•••••
p......V w.i••.•w..•v.+L.Yew+•.,II.•. a-. .+
i NI•is pr Fria.•.. . .&qpy 44.1 I..I..F.•» 11.•r_MOO
I.••••«-111/010.1 r...OD.w.LL.I.•••.w.......&awl i•"01p,.
610 Ave'•O•./6M 1j 1'••OliAlt
* 16114•smarm 0.11•041.•••10•1. J✓..•Fri a•Mad Immo.y.
YM—la
* .ii.1.++i wL•1..►'..Lwi.w inwo.p L.i•66 ri.w..d•. I rr
dl•••••OMAO,r••y.wi....•••.•b..i i 1.i 11.16.•a Mw .,'
.•..i•.••••AMO..*.Ir.J.t.y b.r•.d..1 olwo•a w.. t • '*'‘
p......,a�..c.,�.•i... , 2'
♦ •. •. M M ,. is ••s .• '-'i';•
M •. •a .s W •s •s Mk 1,11. ir • I
0004.,
WO MI NVI Ito HO
. F`"�
/ .
.„,
O
... t
tof
t .0,
IP
/ . .., "
0,9
ya�{�t • 14 f r+
S 0
Y_Ali Y y' ,f.
•aurator •
. r •. �
• .
C.•i 4•t•.c..•s # u
1 • IN "no to
1 I 1M M to
• I 2 •R• t.O1
a I no I:• tri ' O
• I UO I r• •o ,r/
I IM IIP Od (4
1 I /alk Il) 10.1110f
• • 1M 110 IM
'
Arthur Sck1urterGolf IN
%AM,till[11•4,1110114/114„ F'Y'�r� t
.......**. w...w....•.w t.+a�lorowae.ls/sw.ysluse 9 Hole Master Plan
U.S r....►.....•« P1 I 1114000 10 •.•w Ina•M
w•...I•.I•..."- - Im01.00 M•••• wt..M•n•r
ATTACHMENT B
Required Terms for Contract with Architect or Engineer("Consultant")
ADDITIONAL SCOPE OF SERVICES. In addition to preparation of plans and
specifications in compliance with all applicable City Codes and State laws, Consultant
will conduct regular on-site inspections and observations of construction contractor's work
in progress, materials and equipment to assist in determining if the work is in general
proceeding in accordance with construction documents.
INDEMNIFICATION
A. Consultant shall fully indemnify and hold harmless the City of Corpus Christi and
its officials, officers, agents, employees, excluding the engineer or architect or that
person's agent, employee or subconsultant, over which the City exercises control
("Indemnitee") from and against any and all claims, damages, liabilities or costs,
including reasonable attorney fees and court costs, to the extent that the damage is
caused by or results from an act of negligence, intentional tort, intellectual property
infringement or failure to pay a subcontractor or supplier committed by Consultant or
its agent, Consultant under contract or another entity over which Consultant exercises
control while in the exercise of rights or performance of the duties under this
agreement. This indemnification does not apply to any liability resulting from the
negligent acts or omissions of the City or its employees, to the extent of such
negligence.
B. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and court costs, included in the indemnification above if the claim is not
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach
of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
C. Consultant must advise City in writing within 24 hours of any claim or demand
against City or Consultant known to Consultant related to or arising out of Consultant's
activities under this Agreement.
INSURANCE. Consultant must not commence work under this Agreement until all insurance
required has been obtained and such insurance has been approved by the City. Consultant must
not allow any subcontractor to commence work until all similar insurance required of any
subcontractor has been obtained. Insurance Requirements for the Consultant are shown in
ATTACHMENT B-1
4821-9119-7945.v. 1
ATTACHMENT B-1
Architect/Engineer ("Consultant")
1. Insurance Requirements
1.1 Consultant must not commence work under this agreement until
all required insurance has been obtained and such insurance has been
approved by the City. Consultant must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has
been obtained.
1.2 The City must be listed as an additional insured on the General liability
and Auto Liability policies, and a waiver of subrogation is required on
all applicable policies. Endorsements must be provided with COI. Project
name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
and identify any limitations regarding
who is insured.
4821-9119-7945,v. 1
ATTACHMENT C- REQUIRED TERMS AND CONDITIONS FOR
CONSTRUCTION OF THE PROJECT
1. Performance and Payment Bonds. Bonds furnished must be the requirements of Texas
Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable
laws and regulations. The contractors who are awarded contracts for construction of the Gabe
Lozano Golf Course improvements shall furnish the following bonds by surety companies
authorized to do business in Texas:
A. Payment Bond - A payment bond in the amount of One Hundred Percent (100%)
of the contract for construction of the Improvements shall be furnished for the protection of all
persons, firms and corporations who may furnish materials or perform labor. The payment bond
shall be made with City of Corpus Christi as an Obligee.
B. Performance Bond - A performance bond in the amount of One Hundred Percent
(100%) of the contract for construction of the Improvements shall be furnished covering the
faithful performance of the contract. The performance bond shall be made with City of Corpus
Christi as an Obligee.
2. All construction agreements for the Project shall include the following provisions. The
Indemnity section shall be in large bold face font.
A. INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL
OF ITS OFFICIALS, AGENTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES,
SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL
EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT
COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED
BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES OR ANY OTHER PERSON, ARISING OUT OF OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT,
AND CONTRACTOR SHALL AT HIS OR HER OWN COST AND
EXPENSE DEFEND AND PROTECT THE CITY OF CORPUS CHRISTI
FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
B. Project shall be constructed in accordance with all applicable Federal, State and City
codes, laws and regulations.
4821-9119-7945,v. 1
C. Contractor and any subcontractors employed on this Project will comply with Chapter
2258 of the Texas Government Code by paying Contractor's employees or subcontractors
not less than the general prevailing wage rates.
D. Contractor warrants that the goods and services provided under this Contract shall be
warranted against any defaults for five years from final acceptance.
E. Contractor shall provide insurance as required by Attachment C-l.
4821-9119-7945,v. 1
a
ATTACHMENT C-1 INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must not
allow any subcontractor, to commence work until all similar insurance required of any
subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management one(1)copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in Description Box of
Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of cancellation, Bodily Injury and Property Damage
non-renewal, material change or termination Per occurrence - aggregate
required on all certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
0 domiciled in Texas)
0 Employers Liability $500,000/$500,000/$500,000
4821-9119-7945,v. 1
INSTALLATION FLOATER Value of the equipment
C. In the event of accidents of any kind related to this contract, Contractor must furnish the
Risk Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in statutory amounts according to the Texas
Department of Insurance,Division of Workers' Compensation. An All States Endorsement
shall be required if Contractor is not domiciled in the State of 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 renewal certificates of insurance throughout the term
of this contract and any extensions within 10 days of the policy expiration dates. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
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, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or on
behalf of the named insured performed under contract with the City, with the exception of
the workers' compensation policy;
• Provide for an endorsement that 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,
cancellation,non-renewal,material change or termination in coverage and not less than ten
(10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of Insurance
and applicable endorsements to City. City shall have the option to suspend Contractor's
4821-9119-7945,v. 1
performance should there be a lapse in coverage at any time during this contract. Failure
to provide and to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Contractor to stop work hereunder, and/or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
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 contract.
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 under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
4821-9119-7945,v. 1
ATTACHMENT D
REQUEST FOR PAYMENT APPROVAL
(Certification for Payment Approval—Gabe Lozano Remodel Project)
CERTIFICATION FOR PAYMENT APPROVAL FORM NO.
The undersigned [(the "Construction Manager")/("Operator") requests
approval for the proposed payment from The City of Corpus Christi (the "City") in the amount of
$ for labor, design, materials, fees, and/or other general costs related to the
acquisition or construction of certain authorized improvements to the Gabe Lozano Golf Course.
In connection with the above referenced request of payment approval, [the Construction
Manager/Operator] represents and warrants to the City as follows:
1. The undersigned is a duly authorized officer of [the Construction Manager/Operator], is qualified to
execute this Certification for Payment Approval Form No. on behalf of [the Construction
Manager/Operator], and is knowledgeable as to the matters set forth herein.
2. The work described in Exhibit A has been completed in the percentages stated therein.
3. The Certification for Payment Approval for the below referenced Authorized Improvements has not
been the subject of any prior Certification for Payment Approval submitted for the same work to the
City or, if previously requested, no approval was made with respect thereto.
4. The amounts listed for actual costs of the authorized improvements,as set forth in Exhibit A, is a true
and accurate representation of the actual costs associated with the acquisition, design or
construction of said Authorized Improvements.
5. Attached hereto as Exhibit B are invoices, receipts, purchase orders, change orders, and similar
instruments, which are in sufficient detail to allow the City to verify the actual costs for which
payment approval is requested.
(Signature pages follow)
I
I
4821-9119-7945,v. 1
I hereby declare that the above representations and warranties are true and correct.
a [Texas] [limited liability company], as
CONSTRUCTION MANAGER/ Foresight Golf Corpus
Christi, LLC]
By:
Name:
Title:
JOINDER OF PROJECT ARCHITECT
The undersigned Project Architect joins this Certification for Payment Approval solely for the purposes
of certifying that the representations made by [Construction Manager/Operator] in Paragraph 2 above
are true and correct in all material respects.
By:
Name:
Title:
Date:
4821-9119-7945,v. 1
APPROVAL OF PAYMENT
The City is in receipt of the attached Certification for Payment Approval Form No.
acknowledges the Certification for Payment Approval and otherwise finds the Certification for Payment
Approval Form No. to be in order. After reviewing the Certification for Payment Approval Form,
the City approves the payment described in the Certification for Payment Approval Form No. and
authorizes release of the payment from golf course Capital Account to [the designer or construction
contractor] or to any person designated by the [designer or construction contractor].
CITY OF CORPUS CHRISTI,TEXAS
By:
Name:
Title:
Date:
4821-9119-7945, v. 1
EXHIBIT A TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO.
Segment Description of Work Completed under Actual Costs
this Certification for Payment
EXHIBIT B TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO.
[Include Exhibit B bracketed if final progress payment for such Authorized Improvement]
[bills paid affidavit and release of liens-attached]
EXHIBIT C TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO.
[Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in
sufficient detail to allow the City to verify the actual costs for which payment is requested]
4821-9119-7945.v. 1