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Home My WebLink AboutC2005-073 - 2/22/2005 - ApprovedSANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Collection Line 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, plans to develop a tract of land, of approximately 17.695 acres called The Boardwalk Unit 2 located in the general vicinity of south of Timbergate Drive and west of Brockhampton Street, as shown on the attached Exhibit 1. WHEREAS, the City's Platting requirements requires the construction of a Sanitary Sewer Collection Line Extension in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the off-site portion of the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the off-site Sanitary Sewer Collection Line Extension be constructed. 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 Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. Onac Development 2005-073 02/22/05 M2005-069 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 offsite Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (1) OFFSITE SANITARY SEWER COLLECTION LINE (a) Install approximately 989 feet of 12 inch PVC pipe. (b) Install three (3) fiberglass Manholes (c) Crushed stone embedment for pipe. (c) Pavement patching. (d) Excavation. b. Before the Developer starts construction the plans and specification for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Pdor to construction of the sanitary sewer trunk Sanitary Sewer Collection Line, Developer shall acquire and dedicate to the City the any required additional street dght- of-way or utility easements. 4. PLA'FrING FEES. Developer shall pay to the City of Corpus Christi the required acreage 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 Sanitary Sewer Collection Line, under the approved plans and specifications, by February 28, 2006 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $61,184.70 of the off-site Sanitary Sewer Collection Line cost within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Sanitary Sewer Page 2 of 4 Colleclion Line by the professional engineer hired by the DeveLoper. However, the expenses may not exceed 7.5% of the costs of construction of the Sanitary Sewer Collection Line. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees") 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 this Sanitary Sewer Collection Line 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 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 DEVELOPER: ~ Emile Cane, Ow-'~Developer day of F~:~J.)lcr¢-l , 2005. For Onac Development Inc. THE STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on Emile Cane, as owner/developer. GUll I FRt~O M, UED~A ~,,,,'--.. ~:~.,, ~-' '-'r~61~,//t~ I~'"' , 2005, by Notary Public, State of Texas Page 3 of 4 ATTEST: THE CITY OF CORPUS CHRISTI City Secretary By: City Manager Approved as to form only /~-¢~---) /)- ,2005 Joseph/"~arney~~'- Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~"'~)' ~" , 2005, by George K. Noe, Ci..ty Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corp~or~tl~n, c~ behalf of the corporation. Notary Public, State of Texas Page 4 of 4 Lipes Blvd. C[~LL : G.EO~G]A DR. AREA MAP 1' = 1000' 6k5S AND WELSH ENGINEERING CORPUS CHRIS'II, T~ COMP. NO. EXB-AMAF JOB NO. 04102 SCALE: AS 'SHOWN PLOT SC. ALE: 1' = 20' PLOT DATE: 12/22/0,~ THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRIS'Ri TX EXHIBIT 1 [- (. J (THE BOARDWALK UNIT 2) ~ m vEX1S'r INto L' STD~PENC~'~. _~'~X.oi~:~. ]~ PALE'/( PVC SS LOCATION MAP THE BOARDWALK UNIT 2 12' GRAVITY SANITARY SEWER COLLECTION MAIN REIMBURSEMENT CORPUS CHRISTI, TX EXHIBIT 2 CITY Of CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every Ruestion must be answered. If the question is not applicable, answer with 'NA". FIRM NAME: ....... I~....,J~ .......... ¢~ ............... 'ir' ......................................................................... '::'";:"~' ....... '- s'rRE~. .. ~:......'~"2./....~.. ] ............................ c ~: ...... C~.~ ......................... z .. _ '/Y...~.~.~" FIRM is: 1. Corporation [;~ 2. Padnership [] 3. Sole Owner [] 4. Association [] 5. Other [] ........................................................................................................................................... DISCLOSURE QUESTIONS If additionai space is necessary, please use the reverse side of this page or attach separate sheeL 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 'V[fie and City Department (if known) ..............................- - - .................................. 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" conatltufing 3% or more of Ihe ownership In the above named "firm". Name Title ................................. .......... .......................................................................................... 3. State the names of each 'board member" of the City of Corpus Chdsfi having an 'ownership Interest" constituting 3% or more of the ownership in the above named "firm'. Name Board, Commission or Committee 4_ State the names ol each employee or officer o! 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 tn the above named "firm"_ Name Consultant ....................................... ...... .......................................................................................... CERTIFICATE I certify that all information provided is true and correct as of the dale of this stalement, that I have not knowingly withheld disclosure oi: any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as chan(3~s occur, t., ertirying I-'erson: .............. ~"6~ ~,'1~; ' 'o~ '~ 'r~n~')' .............. ~"'~/ ................................................................... Signature of Certifying Person: ...~... ~-~-~'. ....... Date: ....~-"'.~.~....~-. ................................... EXHIBIT 3