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Home My WebLink AboutC2005-223 - 5/10/2005 - 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 Alt}/Enterprises Inc., ("Developer"), of 2258 Richland Drive, Corpus Christi, Texas 78418 WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 19.77 acres called Greystone Unit 1 subdivision located on the south side of Slough Road east of rodd Field Road, as shown on the attached Exhibit 1. WHEREAS, the City's Sanitary Sewer Master Plan 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, over-depth 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, over- depth Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the Southern Area of Corpus Christi, 1983 as amended by Ordinance No. 17743. 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. Airy Enterprises 2005-223 ¢5/16/05 M~0~)5-138 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, over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (I) OFF-SITE, OVER-DEPTH SANITARY SEWER COLLECTION LINE- SLOUGH ROAD. i. Install approximately 560 linear-feet of 18 inch PVC pipe. ii. Install two (2) manholes, 4 feet in diameter. iii Crushed stone embedment for pipe. iv. Well Pointing (As required). v. OSHA trench protection. 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 Collection Line, Developer shall acquire and dedicate to the City any required additional street right-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 May 31,2006. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 18-inch diameter Sanitary Sewer Collection Line improvements, not to exceed $126,000.00 See attached cost estimate, (Exhibit 3). b. The City further agrees to properly reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no latter than 30-days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. Page 2 of 4 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 afl 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 ~ day of DEVELOPER: . Alty Enterprises Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Louis Airy, President of Alty Enterprises Inc., as owner/developer. No/aw Public, ~tate of Texas ,200,5, ,2005, by Page 3 of 4 A'FFEST: Armando Chapa City Secretary By: THE CITY OF CORPUS CHRISTI Noe Oity Manager Approved as to form only ,¢ ~ .2005 Joseph H 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. Noe, City Manager, City of Corpus Chdsti, Text/a q'exas home-rule municipal corporation, on behalf of the corporation.--"~' Notary Public, State or Texas Page 4 of 4 YORKTOWN BOULEVARD SUBDI VISIOf~ RANCHO VISTA SUB'D. LOCATION MAP EXHIBIT 1 PROPOSED SANITARY S~r-R~C~ AREA BOUNDARY /'-".---PRC~:~OSED SANITARY /SEWER _~ERVlCE AREA ~ 328d: ACRES _-~ '1'] I/I l/I I ? - YORKTOWN BOULEVARD SCHEMATIC LAYOUT OF SANITARY SEWER LINE EXHIBIT 2 CITY OF CORPUS CHRISTI DISCLOSURE OF ~NTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking lo do business with the City to provide the ~oliowi~g information..~Every question must be answered If the question is no[ applicable, answer wtt~ "NA'. FIRM is: 1. Corporation [] 2. Partnership [] 3. Sole Owner [] 4. Association [] 5 Other [] ..................................... , ....................................................................................................... DISCLOSURE QUESTIONS I1' additional 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 o! Corpus Chfls~l having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Departrnenl (if known) 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 of each 'board member' of the City of Corpus Christi having an "ownership interest' consLitufing 3% or more of the ownership in the above named 'finn'. Name Board, Commission or CommA-lee State the names of each employee or officer o! a "consultant" for Ihe City of Corpus Christi who worked on any maUer related to Ihe subject of this contracl and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consuttant CERTIFICATE I caddy that all in[ormation provided is true and correcl as of the date of this statement, [hat I have nol. knowingly withheld disclosure of any informat, j~equesled; and that supplemenlal statements will be promptly submit[ed to the City of Corpus Christi, Texas ar~'ch, aflges occur. ~ Crype or Pdnt) Signature of Certifying Person: ...................................................... Date: .....~T,~...~,/:~ ~'.?'~..~...~,,~ .......................... EXHIBIT "3"