HomeMy WebLinkAboutC2024-008 - 1/18/2024 - Approved PARTICIPATION AGREEMENT
For Oversizing Streets and Drainage Crossings
Per UDC §8.4
This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of
Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through
its City Manager, or designee, and Braselton Development, ("Developer"), a Texas limited
partnership.
WHEREAS, the Developer, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on April 20, 2022 to
develop a tract of land, to wit approximately 19.70 acres known as Saratoga Downs, Unit
4B as shown in the attached Exhibit 1, the content of such exhibit being incorporated by
reference into this Agreement;
WHEREAS, as a condition of the Plat, the Developer is required to expand, extend,
and construct Streets and/or Drainage Crossings (the "Public Improvements") as depicted
on and in accordance with the improvement requirements set forth in Exhibit 2, which
exhibit is attached to and incorporated in this Agreement by reference;
WHEREAS, UDC 8.2.1(5) provides: where the required street improvements are
encompassed entirely within the proposed development, the developer will be considered
responsible for the entire width of street improvements, up to and including that of a
residential collector;
WHEREAS, it is in the best interests of the City to have the public infrastructure
installed by the Developer in conjunction with the Owner's final Plat;
WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a
municipality to make a contract with a developer of a subdivision or land in the municipality
to construct public improvements related to the development where the contract
establishes the limit of participation by the municipality at a level not to exceed 30 percent
of the total contract price and at a level not to exceed 100 percent of the total cost for any
oversizing of improvements required by the municipality, including but not limited to
increased capacity of improvements to anticipate other future development in the area;
and
WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the
Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development
Code of the City of Corpus Christi
NOW, THEREFORE, the Parties hereto severally and collectively agree to and, by
the execution hereof, are bound by the mutual obligations herein contained and to the
performance and accomplishment of the tasks hereinafter described.:
Section 1 . RECITALS.
Standard Form Participation Agreement
Approved to Legal Form BB 11.10.22 Page 1 of 11
SCANNED
The parties agree that the language contained in the preamble of this Agreement is
substantive in nature, is incorporated into this Agreement by reference, and has been
relied on by both parties in entering into and executing this Agreement.
Section 2. TERM.
This Agreement becomes effective, is binding upon, and inures to the benefit of the City
and the Developer from and after the date of the last signatory to this Agreement. The
Developer must complete the Public Improvements within 24 calendar months from the
date this document is executed by the City. Time is of the essence in the performance of
this contract.
Section 3. DEVELOPER PARTICIPATION.
Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will
construct the Public Improvements for and on behalf of the City in accordance with the
plans and specifications approved in advance of construction by the City Engineer on
behalf of the City. The parties acknowledge and confirm the total cost estimate for
construction of the Public Improvements, which estimate is attached to and incorporated
in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth
below, the Developer shall pay a portion of the costs of construction of the Public
Improvements. Further, subject to the limitations set forth below, the City shall pay the
remaining portion of the costs of construction of the Public Improvements, designated as
the total amount reimbursable by the City on the Cost Estimate.
Section 4. CITY PARTICIPATION.
Notwithstanding any other provision of this Agreement, the total amount that the City shall
pay for the City's agreed share of the actual costs of the Public Improvements shall not
exceed $209,485.00.
Section 5. REIMBURSEMENT.
The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the
Public Improvements monthly, based on the percentage of construction completed less
the Developer's pro rata portion and contingent upon submission to the City of an invoice
for the work performed. The reimbursement will be made no later than 30 days from the
date of the City's administrative approval of the invoice. Such reimbursement will be
made payable to the Developer at the address shown in Section 6 of this Agreement.
Prior to reimbursement, Developer shall submit all required performance bonds and proof
of required insurance under the provisions of this Agreement.
Section 6. 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:
Braselton Development Company, Ltd.
Attn:
Standard Form Participation Agreement
Approved to Legal Form BB 11.10.22 Page 2 of 11
5337 Yorktown Boulevard, Suite 10-D
Corpus Christi, Texas 78401
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
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.
Section 7. PLANS AND SPECIFICATIONS.
a. Developer shall contract with a professional engineer licensed in the State of Texas to
prepare plans and specifications for the Public Improvements. The plan must be in
compliance with the City's UDC, Comprehensive Plan, applicable area development and
master plans, the approved Mobility Plan, and the Design Standards.
b. Before the Developer starts construction, the plans and specifications must be
approved by the City's Development Services Engineer.
Section 8. EASEMENTS.
Prior to the start of construction of the Wastewater Improvements, Developer shall
acquire and dedicate to the City the required additional public right of way easements
("Easements"), if any, necessary for the completion of the Public Improvements. If any
of the property needed for the Easements is owned by a third party and the Developer is
unable to acquire the Easements through reasonable efforts, then the City may use its
powers of eminent domain to acquire the Easements. Developer will be completely
responsible for cost of acquisition.
Section 9. PERFORMANCE BOND.
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Approved to Legal Form BB 11.10.22 Page 3 of 11
Developer shall, before beginning the work that is the subject of this Agreement, furnish
a performance bond payable to the City of Corpus Christi if the project cost is in excess
of $100,000 and a payment bond if the project cost is in excess of $50,000. Bonds
furnished must meet the requirements of Texas Insurance Code 3503, Texas
Government Code 2253, and all other applicable laws and regulations. The amount of the
performance and payment bonds shall be the full cost of the Public Improvements. The
performance and/or payment bond must name the City as an obligee. If the Developer is
not an obligor, then Developer shall be named as a joint obligee. The bond must clearly
and prominently display on the bond or on an attachment to the bond:
(1) the name, mailing address, physical address, and telephone number, including
the area code, of the surety company to which any notice of claim should be sent; or
(2) the toll-free telephone number maintained by the Texas Department of
Insurance under Subchapter B, Chapter 521 , Insurance Code, and a statement that
the address of the surety company to which any notice of claim should be sent may be
obtained from the Texas Department of Insurance by calling the toll-free telephone
number.
Section 10. INSURANCE.
Insurance requirements are as stated in Exhibit 4, the content of which is incorporated
by reference into this Agreement as if fully set out here in its entirety.
Before performance can begin under this Agreement, the Contractor must deliver a
certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's
Risk Manager and Development Services Department. Additionally, the COI must state
that the City will be given at least 30 days' advance written notice of cancellation, material
change in coverage, or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all insurance policies
within 10 days of the City Manager's written request.
Section 11. CONSTRUCTION CONTRACT DOCUMENTS.
Developer shall submit standard construction contract documents to the Executive
Director of Public Works for review and approval in advance of beginning any construction
of the Public Improvements.
Section 12. INSPECTIONS.
Throughout construction, the City shall conduct periodic inspections and either approve
the progress of the Public Improvements or promptly notify the Developer of any defect,
deficiency, or other non-approved condition in the progress of the Public Improvements.
Section 13. WARRANTY.
The Developer shall fully warranty the workmanship and construction of the Public
Improvements for a period of two years from and after the date of acceptance of the
improvements by the Executive Director of Public Works.
Section 14. INDEMNIFICATION.
Standard Form Participation Agreement
Approved to Legal Form BB 11.10.22 Page 4 of 11
Developer covenants to fully indemnify, save and hold harmless the City of Corpus
Christi, its officers, employees, and agents, ("indemnitees") from, and against, any
and all claims, demands, actions, damages, losses, costs, liabilities, expenses,
fines, and judgments recovered from or asserted against Indemnitees on account
of injury or damage to person [including without limitation on the foregoing,
workers compensation and death claims], or property loss or damage of any other
kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise
out of, be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part, the construction, existence, use, operation,
maintenance, alteration, repair, or removal of any Public Improvements installed
by or on behalf of the Developer including the injury, loss or damage caused by the
contributory or concurrent negligence of the indemnitees or any of them, but not if
caused by the sole negligence of indemnitees, or any of them, unmixed with the
fault of any other person or entity, and including all expenses of litigation, court
costs, and attorney's fees, which arise, or are claimed to arise, out of or in
connection with the asserted or recovered incident.
This indemnity specifically includes all claims, damages, and liabilities of whatever
nature, foreseen or unforeseen, under any hazardous substance laws, including
but not limited to the following:
(a) all fees incurred in defending any action or proceeding brought by
a public or private entity and arising from the presence, containment,
use, manufacture, handling, creating, storage, treatment, discharge,
release or burial on the property or the transportation to or from the
property of any hazardous substance. The fees for which the
developer/owner shall be responsible under this subparagraph shall
include but shall not be limited to the fees charged by attorneys,
environmental consultants, engineers, surveyors, and expert witnesses.
(b) any costs incurred attributable to the breach of any warranty or
representation made by Developer in this agreement, or any cleanup,
detoxification, remediation, or other type of response action taken with
respect to any hazardous substance on or under the property regardless of
whether or not that action was mandated by the federal, state or local
government.
This indemnity shall survive the expiration or earlier termination of the agreement.
Section 15. DEFAULT.
The following events shall constitute default:
a. Developer fails to submit plans and specifications for the Public Improvements to the
Executive Director of Public Works in advance of construction.
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Approved to Legal Form BB 11.10.22 Page 5 of 11
b. Developer does not reasonably pursue construction of the Public Improvements under
the approved plans and specifications.
c. Developer fails to complete construction of the Public Improvements, under the
approved plans and specifications, on or before the time specified in Section 2 of this
agreement.
d. Either the City or the Developer otherwise fails to comply with its duties or obligations
under this Agreement.
Section 16. 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 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 fail to perform any obligation or duty of this Agreement, the City
shall give notice to the Developer, at the address stated in section 6, of the need to
perform the obligation or duty and, should the Developer fail to perform the required
obligation or duty within 15 days of receipt of the notice, the City may perform the
obligation or duty, charging the cost of such performance to the Developer.
e. In the event of an uncured default by the Developer, after the appropriate notice and
Cure Period, the City has all its common law remedies and the City may:
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;
3. Bring Suit to enforce any provision of this agreement including the obligations
to repair and replace.
4. Perform any obligation or duty of the Developer under this Agreement and
charge the cost of such performance to the Developer. The Developer shall pay to
the City the reasonable and necessary cost of the performance within 30 days from
the date the Developer receives notice of the cost of performance. In the event the
Developer pays the City under the preceding sentence and is not otherwise in
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Approved to Legal Form BB 11.10.22 Page 6 of 11
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 has all its remedies at law or in equity for such default.
Section 17. 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 a public enemy;
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 10
days after the occurrence or waive the right to claim it as a justifiable reason for delay.
The obligations of the party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Section 18. PROJECT CONTRACTS.
Developer's contracts with the professional engineer for the preparation of the plans and
specifications for the construction of the Public Improvements, contracts for testing
services, and contracts with the contractor for the construction of the Public
Improvements must provide that the City as a third-party beneficiary of each contract.
Section 19. DISCLOSURE OF INTEREST.
In compliance with Corpus Christi Code of Ordinance Sec. 2-349, the Developer agrees
to complete the Disclosure of Interests form attached to this Agreement and incorporated
by reference as Exhibit 5.
Section 20. CERTIFICATE OF INTERESTED PARTIES.
Developer agrees to comply with Texas Government Code section 2252.908 and
complete Form 1295 Certificate of Interested Parties as part of this agreement.
Form 1295 requires disclosure of "interested parties" with respect to entities that enter
contracts with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more
than 10 members; or
Standard Form Participation Agreement
Approved to Legal Form BB 11.10.22 Page 7 of 11
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business
entity that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms
of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review the
Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
Section 21 . CONFLICT OF INTEREST.
Developer agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. For more information and to
determine if you need to file a Form ClQ, please review the information on the City
Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index
Section 22. SEVERABILITY.
The provisions of this Agreement are severable and, if any provision of this Agreement is
held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement shall not be affected and this Agreement shall be construed
as if the invalid portion had never been contained herein.
Section 23. COOPERATION.
The Parties agree to cooperate at all times in good faith to effectuate the purposes and
intent of this Agreement.
Section 24. ENTIRE AGREEMENT.
Except as otherwise expressly provided herein, this Agreement contains the entire
agreement of the Parties regarding the sharing of costs for the Project and supersedes
all prior or contemporaneous understandings or representations, whether oral or written,
regarding the subject matter hereof.
Section 25. AMENDMENTS.
Any amendment of this Agreement must be in writing and shall be effective if signed by
the authorized representatives of both Parties.
Section 26. APPLICABLE LAW; VENUE.
This Agreement shall be construed in accordance with Texas law. Venue for any action
arising hereunder shall be in Nueces County, Texas.
Section 27. INDEPENDENT CONTRACTOR.
Developer covenants and agrees that it is an independent contractor, and not an officer,
agent, servant or employee of City; that Developer shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons
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Approved to Legal Form BB 11.10.22 Page 8 of 11
performing same, and shall be liable for the acts and omissions of its officers, agents,
employees, contractors, subcontractors and consultants; that the doctrine of respondeat
superior shall not apply as between City and Developer, its officers, agents, employees,
contractors, subcontractors and consultants, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Developer.
Section 28. NON-APPROPRIATION.
The continuation of this Agreement after the close of any fiscal year of the City, which
fiscal year ends on September 30th annually, is subject to appropriations and budget
approval specifically covering this Agreement as an expenditure in said budget, and it is
within the sole discretion of the City's City Council to determine whether or not to fund
this Agreement. The City does not represent that this budget item will be adopted, as
said determination is within the City Council's sole discretion when adopting each budget.
Section 29. WAIVER OF TRIAL BY JURY.
City and Developer agree that they have knowingly waived and do hereby waive the right
to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Contract, to proceed with a trial before the court, unless both parties
subsequently agree otherwise in writing.
Section 30. ATTORNEY FEES.
In the event that any action is instituted by City to enforce or interpret any of the terms
hereof, City shall be entitled to be paid all court costs and expenses, including reasonable
attorneys' fees, incurred by City with respect to such action, unless as a part of such
action, the court of competent jurisdiction determines that each of the material assertions
made by City as a basis for such action were not made in good faith or were frivolous. In
the event of an action instituted by or in the name of the Developer under this Agreement
or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be
paid all court costs and expenses, including attorneys' fees, incurred by City in defense
of such action (including with respect to City's counterclaims and cross-claims made in
such action), unless as a part of such action the court determines that each of City's
material defenses to such action were made in bad faith or were frivolous.
Section 31. NO WAIVER.
The failure of the City to insist upon strict adherence to any term of this agreement on any
occasion shall not be considered a waiver of any of the City's rights under this agreement
or deprive the City of the right thereafter to insist upon strict adherence to that term or any
other term of this agreement.
Section 32. AUTHORITY.
Each Party represents and warrants that it has the full right, power and authority to
execute this Agreement.
Remainder of page intentionally left blank; signature page to follow.
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Approved to Legal Form BB 11.10.22 Page 9 of 11
EXECUTED IN ONE ORIGINAL this S fi day of I ` c(1.k , 20 ay .
ATTEST: CITY 4J, r RPUS CHRISTI
Rebecca Huerta AIrrt J R.y and III
City Secretary Directo, of D, velopment Services
°(64 63 1. MU H
ST ('OUNCIL 1" t- M .
SECRETARY
APPROVED AS TO LEGAL FORM:
Buck Brice (Date)
Senior Assistant City Attorney
For City Attorney
Standard Form Participation Agreement
Approved to Legal Form BB 11.10.22 Page 11 of 11
DEVELOPER:
Braselton Development Company, Ltd.
By: /-4/j4i-,K(41lif
Fred Braselton,
General Partner
STATE OF TEXAS §
COUNTY OF 0.l.QC S § §
This instrument was acknowledged before me on -trbru Q►-
20c).4 by Fred Braselton, for Braselton Development Company, Ltd, a T x s limited
partnership, on behalf of said company.
� p 6•4 JENNI BROWN
Public's lUre
Notary Public,State of Texas ry
Q Comm.Expires 02-23-2025
-'o�;,.o•„`: Notary ID 132939640 ..Juuttz ,
Notary
Standard Form Participation Agreement
Approved to Legal Form BB 11.10.22 Page 10 of 11
General Notesi �kdon D M 0O Y �h'e
1. Total Planed area contains 19.70 Acres of Land. (Includes Street Exhibit 1 / Q 0/ O0,0,4
Dedication) 1 n0
2. The yard quirement, a depicted is a requirement of the Unified / / grst0.k� kk 49 Development Codeand y as
to change as the zoning may change. / {' I/ n to 8 ,t �a
Plat of A olio = y ?
3. The receiving water for the storm water runoff from Nis pro a the L
COttoreek,
Creek.The ICED nos not dassified the aquatic life use for he Oeo Saratoga Downs (}, a $ n,
Creek,but i[is recognized as an environmentally...Rive oree.The No
I`^x 3�
Creek floors directly into the Oson Boy. The TCEO has classified the al* y 8'
aquatic life use for the Geo Bay as exceptional'and 'oyster wateri Unit 4B .,aI, �d <O 9
and categorized the reviving water as'contact recreation'use. 0°
19.70 Acres, being a portion of Lot 6, Section 7, Boo: Site �cf` a+s
4. Late way a«ees 1 prohibited from Lands Road to Lot 8,BMck 7;and Bohemian Colony Lands, a mop of which is sh S
LOM 1 through 30.Block 5. recorded in Volume A. Page 48, Map Records of ° op R/
5. Dnveway access a prohibited from Martin Street to Lot 1,Block 3;Late Nueces County, Texas, said portion of Lot 6,
1 and 60,Block 4;anal Lot 1,Block 5. Section 7, being a portion of a 34.96 Acre Tract, Nueces County,Teza
as described in a Correction Affidavit as to General City of Corpus Christi Location Map: Il+r;
6. Driveway access is prohibited from Ann.n Lane to Lots 30 and 31. Warranty Deed from Zebo, LLC to MVR Construction
Block 4;and Lot 3C,Block 5. Company, recorded in Document No. 2021014902,
7. Driveway occees is prohibited from Noma Street to Lot 1.Block 7. Official Public Records of Nueces County,Tesee. Ap P RAVE
I APRIL 20.2022.PCI
So...fa Note,
gr �` of HaK.. CONDITIONALLY
1. Grid Bearings and watonces shown hereon ore rtfer.nced to the Texas
Coordinate System of 1983,Texas South Zone 4205,and is based on
the North American Datum of 1983(2011)Epoch 2010.00. Tha final plat I Us herein described property was approved by the
Department of Deepmean
Ser
vices of Us City of Corpus Ch.L,Texas.
2. 5/8 Inch Iron Rad with red plastic cop stomped"URBAN ENGR CCTX'Set
at all lot comers,unless otherwise noted. State of This the day of 20_
3. Existing Rood Map,by graph,plotting only,this property is Corr tl County at cesee
Zone 'C' of the Flood Insurance Rate Map (FIRM), Community Panel MVP Construction Company,a Tease corporation.hereby certifies that it Is Me owner of Me
Number 485464 0277 C.City of Corpus Christi. Texas.whits bears on lands embroced wiUF the baundorla of the foregoing plat,with the exception of Lot t, Bred Mint,P.E.
,Weed date Of July 18,1985 and Is not In a Special Flood Hazard Area. clod,6.Saratoga Dawn Unit 3;Met It has hod id ands surveyed and wrbdl.ed de Dtesbpeenl Services Engo.en
The existing FIRM Panel 485464 0277 C Is based on the National Mat streets dm.n are dtdkated to Ue public use forethat e..n es os
Geodetic Vertical Datum of 1929(NCVD). umown ore ti l es and dedicated to Me public use a the Installation.operation oad use of public
that Mi moo tv mode for Me purpose of deeogtl.and dedication. State of Texas
4. Proposed Flood Mop,this property is proposed la lie within Zone'X'of County of Nu«es
the Flood Insurance Rate Map (FIRM). Community Panel Number This Me day of 20 The final plat of the herein desnibed property was approved on behoo of the City of Carpus Christi,
48355C0505G.Nueces County.Texas,which bears a reWeed prelimhorY Taxes by or.Pluming Commission.
date of Nay 30,2018.The Proposed FIRM Pont,48355C0505G is based
an the North American Vertical Datum of 1988(NAVD88). By YM Construction Company.a Tomas corporation Tay the_000 of .20
By
M.ammad Reza.Nazai,Director
Al Raymond,III.AN ghee M.tabby
S.., CMaimnn
By
VOM1M RtzaN Nand,Dk«\a
Stott of Texas
County of Nueces
««
ey
Resa Ha.adxad.n.Dk«!w 1 Koo Sande.port of the Canty Carat n and for add County.do hereby entity Nat Me loregoinq
heed for record ordM Me day of ZO_� 0 Its drtMcate of 04,. 34.as
Coun of Texas fled kr 054n my office of-.Y of 20-At_O'clock Jd in
State of Tex. Canty of Nueces ddy...carded the day of A.. O'tlork JI.,n seed County n
Volume Paq . Map Rerada
County of Nu«aa This Instrument..Co was. Tex.co Mae ono by roammai R nrp Noza'I,.Director MNt
Brost,!.DsMopmenl Company,Ltd.,a Tans limited par4.N herebycertifies Mel It 4 Cocetrudkn Company.a Ttxat corporallm,on bebalf al said corpaotkn.
ownerthe I Ms Ian.embraced id lln the boundaries of Lot V Blodr ,as Nom an Me Toe.. my Myna anal she of Me County Court,in end for said County,al attic,N Carpus(AMtI.
Iotgong War U Mal it Mae hp aced Ion.eurwtad ant rbdivi.d 4,Noe;Uat drab 11.The day of 20 Tea..Mt day and yea last wHnen.
Mkated to Ut public ues Rion ar oar Nom o•dttllmsM M
Me mode
use he ur fie anal' on an antl use of pudks uliiliea;ono that this mop Fled
a.mods for the purpose of description and dedication. Notary Public In and la Me Stale of Tex. Fees M Record Hu..County,T.as
oak
Thy the day of 20_ State of Texas of a'tl �.
County of Nu«es 2 200 By
DesulY
By&.Moon DesNapment Canpmy,Ltd..a Tame lknitM pmin.Ny This demote.was Slots of Tex.
11.Construction Company.at T m eepa Y coatlon.a .Moll of sold corporation. County
OYecta County of Nut a
By......n Mmagenenl Canp.y.U.C.it.general polo. I.Brim D.La«lean,a Register.Profewknd COO Sasayar for Urban Engineering,have prim.M ore
This the_coy of 20- foregoing mop Mom a sum.mode or the ground under my dkectien and Is cue end c.o.to tre
best en my knowledge.information antl teller.I have been engaged under contract to est all Lot s'
By Block ram complete ouch carnations wits due and reesaneble...Ice
Fred Breed!.,President comistenl with as
p^0leasilo.practice.
Net.Public Or and for the Slate of Tex.
State of Texas
Canty al Nu«. State of Tea. This the_day of 20_-_.-
CountY of Nueces
They instrument oe ocknewledg.befce me by Fred&astlt.,.President of Oraeellm
megem.t Company, LLC, genera partner of Bras..Development Company.Ltd.,a This....int Or o.hatt dged before a by RezaNM.dzadeh, . Director MM Preliminary,this document shall nn<be re,,pecd
Tex.knifed partnership,m behalf of sold entity in«k capacity. Cmtwytkn Company.a Turn copmatnn,on b.olr of ed corporation. for any Purpose and shall not be used or viewed __
or relied upon as a final surrey document.fir Brion D.Lorentzen,R.P.LS.
Tex.Lien No.6939
ThM the_day of 20- This Me .y of 20 ReNsee:4/10/�2022
4 Submitted:2/1R/2022
SCALE:None
Notary Public n end for the State of Tex. Notary Public in and far Me Stele of TsxotSHB TO.:o4B18.C200
ENGINEERING SHEET:1 of 2
DRANK By:JAB
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Saratoga Downs ///
a• '' ' ./a V. oUnit4B i ' 6f_�, , e+� '''%:��.• A
19.70 Acres, being o portion of Lot 6, Section 7, 't��`¢�'r : `�i°sT�
Bohemian Colony Lands, a 8. of which is / tra¢Y , q•;°0 / tl vim. //
recorded in Volume A. Page 48, Map Records of / i'O.
m
Nueces County, Texas, said portion of Lot 6, zs Ne'D a lk !""r°''� /
Section 7, being o portion of a 34.96 Acre Tract, �a' 'w•�/4. ,i,,�
as described in a Correction Affidavit as to Generol I // •O'a°*,,•,„4\
Warranty Deed from Zeba, LLC to NVR Construction // °'Oq .
Company, recorded in Document No. 2021014902, , "4'°y, o
Official Public Records of Nueces County,Texas. /,/
•Sutxnlllle:2 6/2022
PreSCALE:r0100'
.oy rose and
shall
shall not be recorded JOB NO.:04918.C200
for any purpose.ae,n.0 not be used or viewed ENGINEERING SHEET:2 of 2
or robed upon as•final survey document \��1 DRAW BY:JAB
•••.s..: ••.°•.o•. • 0?,?••i2 a Enenesm°
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Exhibit 2
yC° o y 0dGc 0 so too
e
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THE HN7UGN1ED IMPROVEMENTS ARE REQUIRED FOR
OUTFALL DRAINAGE CONTRIENNIONSSTTHEHIGHLIGHTED'•;`. HIGHLIGHTED
*TROUT OFTSOE
IMPROVEMENTS NOIRD NOT BE REQUIRED AS PART OF
THE DEVELOPMENT OF THE SUBJECT PROJECT.
54"STOR !. . _...
A0
AvsS
POST INLET 1— °°
W PP"
54" STORM-------... N OS' 8
cc)
- •. -I- i Dr Osbert Blow Drive a
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Norco Str-
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POST INLET J
, Q
DRAINAGE SWALE
POST 54" STORM <i
T w LEGEND
INLET—Ni :r"s•er .ow"rive = Ex STORM DRAINAGE LINE
V) STORM MK
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\S 0 N STORM CUTEALL
\-54"STORM o O NENTs C T
o�P° I 1 R.E.AmIL�N VZEa T MDR T
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POST INLET DRAINAGE SWALE Q
m
SHOT 1 OF 2
EXHBIT-PUBLIC InPROVEAIENTS FOR CifY PARTICPATION REQUEST Y YORK ENGINEERING
FOR CIVIL • PLANNING • CONSULTING
NOT sow CONSTRUCTION SARATOGA DOWNS,UNIT 48 ��Iwoma
LEGEND Ini
SiMnOVNf MARC.ME
� ROO
STORM ou:FAu I A tin
' I vPfP Of inPROvfnfxr5 FOP'Tv
xPii(iP.iWx PfOVfSr
THE H
THE NNGE OF ED-TE ALE ARE REQUIRED Fqt
DRAINAGE OF OFF JTI AREAS.WTNWT OFF97F
DRAINAGE CONNTS WOO1D NS THE REQIARED RAPROVEA
REQUIRED OVERSIZED WITH OFF—SITE RUNOFF THE OEN"DEVELawENNT C NOT RJQ(CCTT"PPROJECT.PART°F
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t.y-.':' CONCRETE RP RAP
• 1 --. �-I YASRA PUN DRAINAGE CHANNEL'
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�... <.... ._..... 2.•a/RYL SIR1cNES 1 r
_ P06f NET
REQUIRED WITHOUT OFF—SITE RUNOFF
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CONCRETE RP RAP
- -...\•••--A—IYASTER PUN MANAGE DW. H
SHEET 2 OF 2
EXFBIT—PIBUC IMPROVEIYENTS FOR CITY PARTICIPATION REQUEST im YORK ENGINEERING
FORNIN CIV!L • PLANNING • CONSULTIN,;
MOT FOR(olarP.(rRx SARATOGA DOWNS,UNIT 48 V „gym,
Exhibit 3
Client: Opinion of York Engineering,Inc.
Braselton Development Company Date:09/06/2023
Probable Construction Cost
Saratoga Downs Subdivision, Unit 4B
Stormwater Infrastructure and Master Drainage Channel Reimbursement
Item Description Quantity Unit Unit Price Total Amount
A OVERSIZED WITH OFF-SITE RUNOFF
1 Clearing and Grubbing 4.5 AC $ 750.00 $ 3,375.00
2 Excavation(in-place quantity) 15,744 CY $ 10.00 $ 157,440.00
3 Embankment(in-place quantity) 437 CY $ 5.00 $ 2,185.00
4 36"RCP 175 LF $ 150.00 $ 26,250.00
5 54"High-Density Polyethylene Pipe(HDPP) 630 LF $ 140.00 $ 88,200.00
6 OSHA Trench Protection 805 LF $ 4.00 $ 3,220.00
7 4'x4'Post Inlet 5 EA $ 5,500.00 $ 27,500.00
8 Outfall Structure 3 EA $ 2,500.00 $ 7,500.00
9 4"Concrete Rip Rap 3,642 SF $ 15.00 $ 54,630.00
TOTAL ITEM A-OVERSIZED WITH OFF-SITE RUNOFF: $ 370,300.00
B WITHOUT OFF-SITE RUNOFF:
1 Clearing and Grubbing 3.1 AC $ 750.00 $ 2,325.00
2 Excavation(in-place quantity) 10,386 CY $ 10.00 $ 103,860.00
3 4"Concret Rip Rap 3,642 SF $ 15.00 $ 54,630.00
TOTAL ITEM B-WITHOUT OFF-SITE RUNOFF: $ 160,815.00
REIMBURSABLE AMOUNT(TOTAL ITEM A-TOTAL ITEM B) $ 209,485.00
Project No.1061-22-02 Texas Engineering Firm F-22063 Page 1 of 1
Exhibit 4
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General
Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily injury and Property Damage
certificates or by policy endorsement(s) Per Occurrence/aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
1. Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal and Advertising Injury
8. Professional Liability(if applicable)
9. Underground Hazard(if applicable)
10. Environmental(if applicable)
BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired&Non-owned
3. Rented&Leased
WORKERS' COMPENSATION Which Complies With The Texas Workers'
(for paid employees) Compensation Act And Paragraph II Of
This Exhibit.
EMPLOYER'S LIABILITY $500,000/$500,000/$500,000
PROPERTY INSURANCE Contractor shall be responsible for insuring all owned,
rented,or leased personal property for all perils.
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten(10)days of the accident.
Exhibit 4 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 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.
Exhibit 4 Page 2 of 3
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that 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 4 Page 3 of 3
apt.1S Cy
0 4 DISCLOSURE OF INTERESTS
0.
Y4" =w m, City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking
14.
v 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".
7852 :-
NAME: Braselton Development Company, Ltd
STREET: 5337 Yorktown Blvd CITY: Corpus Christi, Texas ZIP: 78413
FIRM is:°Corporation ®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)
none
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
none
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
none
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
none
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: Fred Braselton President
Title:
(Print
Signature of Certifying Persorso n::
Date: 9/5/23
K.DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC