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Home My WebLink AboutC2005-089 - 3/29/2005 - ApprovedWATER DISTRIBUTION GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Water Distribution Grid Main 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 Baybreeze Development, L.P., ("Developer"), of 800 N. Shoreline, Suite 350, Corpus, Christi Texas 78401. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 13.89 acres called Monte Verde at Terra Mar Unit 1 Subdivision on the south side of Holly Road. east of the future extension of Ennis Joslin Road, as shown in the attached Exhibit 1. WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of 12 inch PVC water distribution and grid main in order for the Monte Verde at Terra Mar Unit 1 Subdivision to have water service; and WHEREAS, Under the Platting Ordinance, the Developer is responsible for construction of 12 inqh PVC water distribution and grid main; and WHEREAS, under the Platting Ordinance, the DevelOper is eligible for reimbursement of the Developer's costs for the construction of 12 inch PVC water distribution and grid main; and WHEREAS, it is essential that the 12 inch PVC water distribution and grid main be constructed along Holly Road in connection with the Monte Verde at Terra Mar Unit 1 Subdivision for it will provide future service connections to the east and west of said subdivision upon completion of the Monte Verde at Terra Mar unit 1 Subdivision; and WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC water distribution and grid main be constructed to the size and serve the area specified in the Water Distribution Master Plan, 1997. 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 12 inch PVC water distribution grid main needed for the Monte Verde at Terra Mar Unit 1 Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. 2005-089 03/29/05 M2005-108 Baybreeze Developmeut 2. PLANS AND SPECIFICATIONS The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12 inch PVC water distribution grid main, as shown in Exhibit 2, with the following basic design: (1) Install 1,090 linear feet of 12" PVC transmission/grid main. (2) Install 1 (one) 12-inch X 30-inch Tap Saddle & Valve. (3) Install 3 (three) 12-inch Gate Valve w/box. (4) Install 1 (two) 8-inch Gate Valve & Box. (5) Install one (1) 12-inch X 12-inch Cross. (6) Install one (1) 12-inch X 8-inch Tee. (7) Install one (1) 12-inch X 8-inch Reducer. (8) Install two (2) 12-inch Plug. (9) Install two (2) 8-inch plug. (10) Install three (3) Fire Hydrant Assembly. (11 ) The water distribution grid main will be constructed along the south side of Holly Road between the east-most and west-most property lines of the said subdivision. The water distribution grid main will be plugged at the east terminal point for future connection; on the west end, at the future extension of Ennis Joslin Road, it will tap to an existing public 30-inch Water Transmission Line installed along Holly Road. The 12-inch water distribution grid main will also connect to a proposed 8-inch water line to serve areas west of Monte Verde At Terra Mar Unit 1 subdivision. b. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 12 inch PVC water distribution grid main, Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of 12 inch PVC water distribution grid main. 4. PLATTING 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 12-inch water distribution and grid main, in accordance with the approved plans and specifications, by March 31, 2006. 6. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12-inch PVC water distribution and grid main, not to exceed $61,683.50 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 the 12-inch PVC arterial transmission and grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 12-inch water distribution and gdd main. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from afl 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 arterial 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. DEVELOPER: By: Nell F. Amsler III, Manager Baybreeze Development, L.P. THE STATE OF TEXAS COUN-I-Y OF NUECES This instrument was acknowledged before me on ~4"t.-k F. Amsler III, Manager, Baybreeze Development L.P. 3_ ~ ,2005, by Neil Notary Public, State of Texas EXECUTEDINDUPLICATEoriginals, this/''/~ dayof A'FI-EST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED: ~/¢ day of By: City Manager ,2005 ,2005. By: Joseph~arne~y~ Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Nee, City Manager, City of Corpus Christi, '~exas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas ILl I-- Z 0 EXHIBIT 1 ..~.~" ,',.A EE MAI[J! !0 9 7~. I 2" ,',A'L~ ,vie EXISTING 30" WATER MAIN ,~,..~ "" MONTE VERDE ~ ~ ~-'~-.~.~ q""~ O/~'O/'/e~ ATuNiTTER~i MAR WATER PLAN EXHIBIT 2 CITY OF CORPUS CHRISTI ~ DISCLOSURE OF INTERESTS City ol ~orpus Chneti ordinance 17112, as amended, requires all persons or lin'ns seeking t~ do business with the City to pro'nde the/O~owing information. Every question must be answered If the question is not applicable, answer with 'NA' FIRST NAME; BAYBREFTI= DEVELOPMENT, L.P. STREET: 8(~ N. SHORELINE, SUITE 350 CITY: CORPUS CHRISTI ZIP: 78401 FIRM IS: r-h Corporation I~. Partnership t--J3 Soie Owner [~4 As. soc~ation [~5. Other DISCLOSURE QUESTIONS If additional s~ace is necessary, please use the reverse s~de of this page or attach separale sheet 1 Slate ~he names of each 'employee" of the City of Corpus Christi haVing an 'ownership inlet'ear c~:)~stitubng 3% or more of the ownership in the above named 'firm". Name Job Title and City Department (if know~) Slate the names of each "offi~al' of the City of Corpus Christi having an 'ownership interesl' c~:msfltulmg 3% or more of the ownership in the above named 'firm" Name "FiUe Slate Ihe names of each "board member' of th~ City of Corl~4s Christi having an 'ov~rship inter~st' constituting 3% or more of the o~'ners~lp in b"te above named 'l'irm' NEILL F. AMSLER, III Bol~'dl Co~m~SS~o~. or Co~'nrnlttee PLANNING COMMISSION 4 State the names of each employe~ or officer of a 'consultant' for the City of Corpus Christi who worked on any mall~ related to the sul~ect of this contract and has an 'ow~e~'ship intem~t' constituting 35 or more of the ownel~hip in the above named 'firm" Name Consultant CERTIFICATE I certh~- thai all informabon provided is ~e and correct as of the date of this slatemenl, that I have not knowingly w~thheid disclosure of any information m~lUeSted; and that supplemental stalemenls wdl be prompl]iy subwittted ID the City of Corpus Christi, Texas as changea oc.~uf NEILL F. AMSLER III MANAGER Certifying Pe~'son: Titte: (Type or Pnnt) EXHIBIT 3