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Home My WebLink AboutC2005-157 - 4/12/2005 - ApprovedSANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 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 Baybreeze Development, L.P. ("Developer"), of 800 N. Shoreline, Suite 350 Corpus Christi, Texas 78401 WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 13.89 acres called Monte Verde at Terra Mar Unit 1 located on the south side of Holy Road east of the future extension of Ennis Joslin Road and a tract of land, of approximately 11.578 acres called Los Arboles at Terra Mar Unit 1 located on the south side of Holly Road west of the future extension of Ennis Joslin as shown on the attached Exhibits I-A and I-B. WHEREAS, the City of Corpus Christi requires the construction of a Sanitary Sewer Collection Line Extension in order for the developments 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 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 in its permanent sizing and location as shown on Exhibit 2. 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. 2005-157 04/12/05 M2005-Ill Baybreeze Development 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 with the following basic design (refer to Exhibit 3 - Cost Calculations) i. Install approximately 1,280 linear-feet of 15 inch PVC pipe. ii. Install approximately 230 Linear-feet of 12 inch PVC pipe. iii. Install six (6) manholes, 5 feet in diameter. (20'-25' deep) iv. Install one (1) manhole, 5 feet diameter (15'-20' deep) v. Crushed stone embedment for pipe. vi. Well Pointing vii. OSHA trench protection (for cuts > 5 feet) viii.Pavement Repair (Wooldridge Road) 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 Prior 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'FI'lNG 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 trunk Sanitary Sewer Collection Line, under the approved plans and specifications, by April 30, 2006. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $203,983.25, for the construction of the Sanitary Sewer Collection Line within 30 days Page 2 of 4 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 Collection Line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction. 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 4. 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 "~ ,2005. DEVELOPER: Neill F. Amsler III, Manager Baybreeze Development, UP.Owner THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on J~l~/ '7 ,2005, by Neill F. Amsler III, Manager, Hogan Development Company, L.P., as owner/developer. Notary Public, State of Texas Page 3 of 4 ATTEST: Armando Chapa City Secretary By: THE CITY OF CORPUS CHRISTI City Manager Approved as to form only ,/~/~?// '~' , 200/4"~''~'' Joseph~aame!~'~ Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,,all '~.~, . t~,' , 20 by George K. Noe, City Manager. City of Corpus Christi,'T/~kas. a Texas home-gule municipal corporation, on behalf of the co~oration. Notary Public, State of Texas Page 4 of 4 EXHIBIT 1-A EXHIBIT LOS ARBOLES AT TERRA MAR UNIT 1 MONTE VERDE AT TERRA MAR UNIT 1 LIFT - -~. ~q ~.- #11STATION "; .. (~;.¢ q'~ ,O /~ ,<'~ SEWER PLAN /- ,j EXHIBIT 2 ITEM Exhibit C Cost Calculations - Sanitary Sewer Collection Line Los ArboleslMonte Verde at Terra Mar - Unit 1 DESCRIPTION NO. 12" SDR 26 PVC SS Main (15-20' Cut) (Crushed 1 Stone Embedment) 15" SDR 26 PVC SS Main (20-25' Cut) (Crushed 2 Stone Embedment) 3 5' Dia. SS Manhole (15-20' Deep) 4 5' Dia SS Manhole (20-25' Deep) 5 Well Pointing 6. OSHA Trench Protection (Required for Cuts > 5') 7. Pavement Repair (Wooldndge Road) Subtotal Construction Cost Engineering (7.5%) Total Eligible for Cmdi~Reimbursement Wastewatar System Lot Fee - Los Ar'boles at Terra Mar Unit 1 (63x~302) Wastewatar System Lot Fee - Monte Verde at Terra Mar Unit 1 (641[$302) Total Wastewater Credit QUANTITY UNIT UNIT PRICE 23O LF $ 55,00 1,280 LF $ 60.00 1 LF $ 8,800.00 6 LF $10,800.00 1,510 LF $ 35.00 1,510 LF $ 3.00 1 LS $ 5,000.00 Total Wastewatar Relmbumement TOTAL PRICE $ 12,650.00 $ 76,800.00 $ 8,800.00 $ 64,800.00 $ 52,850.00 $ 4,530.00 $ 8,000.00 $ 225,430.00 $ 16,907.25 $ 242,337.25 $ (19,026.00) $ (19,328.00) $ (38,354.00) $ 203,983.25 EXHIBIT 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City ol Corpus Chdsti ordinance 17112. as amended, requires all persons or firms .~..'-~Jng to do business with the City to provide the lo,owing infl3rmatio~. Every question must be answered If the quasUo,n is not applicable, answer with 'NA" FIRST NAME: BAYBREF7F DEVELOPMENT, L.P. STREET 800 N. SHOREUNE, SUITE 350 CITY: CORPUS CHRISTI ZIP: 78401 FIRM IS: E~I corporadon ~ ParthershkO [~3 Sole Owner [-']4 Association J~5 Other DISCLOSURE QUESTIONS II additional apace ~s necessary, please use the reverse s~de of |his page or a~tach separate sheet. Slate ~e names of each 'employee' oi' the City of Corpus Chnsb having an 'ownership inlereat" constituting 3% or mere o! the own~hip tn the above named "firm' Name Job Title and City DeperITnent (if knovm) Slate the names o! each -official" of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownersh~ in the above named 'firm" Name T~Ue Stale the names of each "boa~ member" ol the City of Corpus ChrisLi having an "ownership interest' ccmstituting 3% or more o[ the ownership in the above named ~rlrm' NJarn~ NEILL F. AMSLER, III Board. CommiS. S~on. or Con'u'nittee PLANNING COMMISSION State the name~ o1' each employee or officer of a "consultant" for the Crty o[ Corpus ChriSti w~o worked on any maitre' related to Ute sub,ct of this conlract and has an 'ownership interest" co*3stituting 35 or more o! the ownership in the above named 'firm" Name Consultant CERTIFICATE I cerlifl/[ha[ all info~%aaon ~ovided is [rue and correct as o[ the dale of this slalement, that I have not knOVWngly w~thhetd disclosure of any infor'maUon requeSted; and that supplemanlal slalemenls will be promptly sul3~'litted /o tl'm City of Corpus Christi. Texas as changes occur NEILL F. AMSLER III T~e: MANAGER Certifying Pemon: (Type or Print) ,,~// ~y.~-. ~" / S~nature ot Ceiling Person: ~'//',..~f'- ~ ,2~-~.~ Dale: 2- ~/- ~ ~ EXHIBIT 4