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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: ....~.~/....~..,.,~ ...................................