HomeMy WebLinkAboutC2005-071 - 2/22/2005 - Approved DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Distribution Main Extension Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-
rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and
Onac Development Inc., ("Developer"), P.O. Box, 271201 Corpus Christi, Texas 78427.
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of 17.695 acres called The Boardwalk Unit 2 Subdivision located
west of the intersection of Brockhampton Street and Stonehenge Drive, as shown in the
attached Exhibit 1.
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of the 8-inch PVC water distribution main; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of 8-inch PVC water distribution main; and
WHEREAS, it is essential that portion of the 8-inch PVC water distribution main be
constructed in connection with The Boardwalk Unit 2 Subdivision development for
service to be provided to the proposed southside elementary school; and
WHEREAS, it is to the best interest of the City and the Developer for the 8-inch PVC
water distribution main be constructed to the size and serve the area specified;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows;
1. REQUIRED CONSTRUCTION
The Developer shall construct the 8-inch PVC water distribution main needed for The
Boardwalk Unit 2 Subdivision in compliance with the City's Platting Ordinance and
under the plans and specifications approved by City Engineer.
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the City's
Director of Engineering Services, to prepare plans and specifications for the 8-inch PVC
water distribution main, as shown in Exhibit 2, with the following basic design:
(1) Install 115 linear feet of 8-inch PVC water distribution main.
(2) Install one (1) 6X6-inch Tapping Saddle and Tapping Valve
2005-071
02/22/05
M2005-068
Onac Development
(3) Install one (1) 8X6 inch Reducer
(4) Install 1 (one) 8" X 45-degree Bend.
(5) The off-site water distribution main wil~ begin on the east boundary of the
subdivision along the proposed westward extension of Stonehenge Drive and tie
into the existing 6" water distribution main located at the corner of Stealing Drive
and future Stonehenge Drive.
b. The plans and specifications must comply with City Standard Water Detail Sheets
and Standard Specifications.
c. Before the Developer starts construction plans and specification must be approved
by the City's Director of Engineering Services.
:~. SITE IMPROVEMENTS
Prior to construction of the 8-inch PVC distribution main extension, Developer shall will
acquire and dedicate to the City the required utility easement or right, of-way for the
installation of 8-inch PVC distribution main extension.
4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage or lot fees and pro-rata fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and complete the 8-inch water distribution main, in accordance with the
approved plans and specifications.
6. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 8-inch PVC water
distribution main, not to exceed $7,358.38, within 30 days upon invoicing by the
Developer, if the work has been completed and has been inspected and accepted by
the City. The City agrees to conduct periodic inspections of the progress of the work at
key points during the construction.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for f:he 8-inch PVC water distribution main by the professional
engineer hired by the Developer. However, the expenses may not exceed 7.5% of the
costs of consf:ruction of the 8-inch water distribution main.
7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from all liability for
any and afl injuries or damages sustained by any person, including without limitation
workers compensation, personal injury or death, arising from or incident to this 12 inch
PVC artedal transmission and grid main construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached hereto as Exhibit 3.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
EXECUTED IN DUPLICATE originals, this day of /'~c~ , 2005.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
By: G~.~e
City Manager
APPROVED: /'~ day of /~..~
By:
Assistant City Attorney
For City Attorney
,2005
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
George K. Noe, City Manager, City of Corpus Christi,'~exas,
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
aT~ex ,2005, by
as home-rule
Emilio Cano for Onac Development Inc.
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~¢~BP.-.z/~/ /~- , 2005, by
Emilo Cano, representing Onac Development Inc., Owner and Developer of The
Boardwalk Unit 2 subdivision.
Notary Public, State of Texas
EXHIBIT 1
' I
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EXHIBIT 2
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTI::RESTS
City of Corpus Christi Ordinance 17112, as amended, requires atl persons or firms seeking to do busthes~ wil~ the City to
provide the following information. Every guestionmust be answered. If the question is not applicable, answer with 'NA".
FIRM is: 1. Corporation Gl' 2. Partnership [] 3. Sole Owner [] 4. /~sociatlon []
5, Other [] '
DISCLOSURE QUESTIONS
Il additional space is necessary, please use the reverse side of this page or atlach separate sheet
1. State the names of each "employee"' o! the City of Corpus Chflstl having an "ownership Interest" eenstltutlng 3%
or more of the ownership In the above named '~rm".
Name Job Title and City Department (if know~)
............................... .....................................................................................................
2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting $%
or more of the ownership In the above named "firm".
Name Title
................................... ......... ................. ...........................................................................
3. State the names of each "board member" of the Cily of Corpus ChdslJ having an "ownerShip Intere,'in' constituting 3% or
more of the ownership in the above named "firm".
Name Board, Commission or Committee
.................................... ...... ............................................................................................
State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related Io the subject or' this contract and has an "ownership Interest" constlt~tlng 3% or more of the
ownership In the above named "firm"_
Name Consultant
........................................ ...... ...........................................................................................
CERTIFICATE
I cert~ thai 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 Cib/of
Corpus Christi, Texas as chanaes occur.
Cart fyin9 Person .... ..,.~.T.'f~'.~'Z ].7.~ .... C"~Z~? ...... ../..).... Title: ...~.~'"~"-~". .................................
Oype/ -/~°rPrint) - ,/ / ' "
/.,/ .~"'
Signature of Ce~lifying Person: ....~~...(...~-~. ....... Dale: ....~'¢~/...J~....--~... ..................................
EXHIBIT