HomeMy WebLinkAboutC2005-072 - 2/22/2005 - ApprovedPage 1 of 3
PARTICIPATION AGREEMENT
THE STATE OF TEXAS
COUNTY OFNUECES
THIS AGREEMENT is entered into between the City of Corpus Chdsti (City), a Texas
Home Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County,
Texas and Onac, Development Inc., (Developer), P.O. Box 271201, Corpus Christi,
Texas, 78427.
WHEREAS, Developer is developing a subdivision known as The Boardwalk Unit 2,
containing 17.695 acres of land with its general location as follows: west of the
intersection of Brockhampton Street and Stonehenge Drive, as shown on the attached
Exhibit 1;
WHEREAS, Developer has submitted a plat, in compliance with the provisions of the
City Platting Ordinance, which shows a portion of Boardwalk Avenue and Stonehenge
Drive adjacent to Brockhampton Park; and
WHEREAS, Boardwalk Avenue and Stonehenge Drive to be constructed within the
Boardwalk Unit 2 subdivision borders a City park and the City may bear its portion of the
costs of development, according to the Platting Ordinance IV. G. 2. j.;
NOW, THEREFORE, in order to provide a coordinated land development and street
construction project, the City and Developer agree as follows:
Developer will construct certain improvements for and on behalf of the City including
pavement and sidewalks on Boardwalk Avenue and Stonehenge Drive, which bounds a
dedicated City park. The improvements are required to be constructed in accordance
with the plans and specifications approved by the City Engineer. This Agreement will be
null and void if it is determined by the City that the improvements are not constructed in
accordance with the approved plans and specifications; the corrections will then be
contracted for and financed completely by the Developer.
For The Boardwalk Unit 2, the total estimated cost of the City's share of public street
improvements, as depicted in Exhibit 2 is $106,031.12
The City shall reimburse the Developer for the City's share of the cost of public
improvements for this development in the following manner:
a. Upon recordation of the final plat of The Boardwalk Unit 2, and final
acceptance of public improvements by the City Engineer, the Developer will be
paid for actual costs of the City's share, not to exceed $106,031.12 of the
required public improvements no later than 60 calendar days from the date of
final acceptance by the City Engineer.
2005-072
02/22/05
Ord026160
Onac Development
Page 2 of 3
b. Developer must indemnify and hold harmless the City, its' agents,
officers and employees (Indemnitees) from all suits, actions or claims and
from all liability for any and all injuries or damages sustained by any
person, including, without limitation, workers compensation, personal
injury or death, arising from or incident to the construction of the
improvements, regardless of cause or of any concurrent or contributing
fault or negligence of Indemnitees, including Indemnitees' sole negligence.
This Agreement becomes effective and binding upon and inures to the benefit of the
parties hereto and their heirs, successors, and assigns from and after the date of
execution.
EXECUTED IN DUPLICATE originals, this
ATTEST:
Arman
Approved as to form only /~'~ / ~- 2005
y of %C~., ;~--- , 2005.
CITY OF C/~PUS CHRISTI
By: ///~ ,)'u~*_.~
Ge/of e. gi.~K. Noe, City Manager
Joseph Harn~y
Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on~ ~/~'~ , 2005, by George
K. Noe, City Manager of the City of Corpus Christi, a Texas municipal corporation, on
behalf of said corporation, l )~..L~t~ ¢~
Notary Public, State of Texas
Developer: / .-' /'
By: / C--'~' ~
Emilo Cano, Owner/Developer
For Onac Development Inc.
Page 3 of 3
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
Cano as owner/developer.
~'~Z~U~l ~/', 2005, by Emilo
Notary Public, State of Texas
LDUN~RTON OAK DIll.
M~ SITE
AREA NAP ~
,': ,ooo' ii
,6A55 AHO 'f~LSH ENGINEERING
CORPUS CHR/~T/. TX
COMp. NO EXB-AMAF
JOB NO. O4102
SCALE: A~ SHOWN
PLO? SCALE: I' . 20'
PLOT l~T[: 12/22/04
SHF~'T 10I~ 1
THE BOARDWALK UNIT 2
AREA MAP
CORPUS CHRISTI, TX
EXHIBIT 1
CITY OF CORPUS CHRISTI
DISCLOSURE OF iNTERESTS
City of Corpus Chrisli'Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City lo
provide the following information. Every .question rpust be answered. If the question is not applicable, answer with 'NA'.
F,RM.^ME: ....... ~.~..~ ........ ~..~'.~.'~.~/ ...........................................................................................
STRE~ ..~....~'~Z...~../~. ...................... Ch',: ...... ~.~ ......................... ~,~:.....'Z..~.~.~.?
FIRM Is: 1. Corporation G~' 2. Padnership [] 3. Sole Owner [] 4. Association n
5. Other [] ..............................................................................................................................................
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side o1' this page or attach separate sheeL
1. State the na~ of each "employee" o! the City of Corpus Christi having an "ownership Intar~t~ constituting
or more of the ownership In the above named "firm".
Name Job ~-~te and City Department (if knov, m)
................................. ~../..,~..,...(~.~o.) .................................. : ....................................................................
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
.................................. .......... .........................................................................................
Stale the names o! each 'board member" of Ihs City o1' Corpus ChdslJ having an 'owT~ership interest' constituling 3% or
more of the ownership In the above named "firm".
Name Board, Commission or Committee
.................................... ...... .............................................................................................
Stale the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matJer related Io Ihe subject of Ibis contract and has an "ownership Interest" constituting 3% or more of the
ownership in the above named "firm".
Name Consultant
........................................ ...... ..........................................................................................
CERTIFICATE
I cert~ Ihat all Jnformalion provided is, b'ue and correcl as of Ihe date of this statemenl, that I have nol knowingly withheld
disclosure of any information requested; and that supplemental statements will be promp!.ly submitted to the City of
rr¥~e ~- P,~,~) '. ...... ~"'.7 ......................................................
Signature of Cedi~ i; ;alibi: ,..~.~.~. ....... Date: ....~.~/....~..,.,~ ...................................