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Home My WebLink AboutC2005-247 - 5/24/2005 - ApprovedDEVELOPER AGREEMENT FOR TEMPORARY IMPROVEMENTS STATE OF TEXAS § COUNTY OFNUECES § THIS AGREEMENT is entered imo between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and: Alireza Mos~aghasi dPo/a Al Development, Inc., 6530 Samba Drive, Corpus Christi, Nueces County, Texas 78414 Alex Azali, d/b/a Springfield Development, Inc., 6201 Meadow Vista Drive, Corpus Christi, Nueces County, Texas 78414 (3CE Properties, Inc. d/b/a Gulf Coast Equities, Inc., 5333 Yorktown Blvd., Corpus Christi, Tx 78413 hereinafter called "Developers". WHEREAS, Developers in compliance with the City's Platting Ordinance, have filed and/or recorded plats to develop tracts of land: South Fork Unit 3 South Fork Unit 4 South Fork Unit 5 Morningstar Unit 2, hereinafter called "Developmems", and WHEREAS, the Developem have commenced construction of infrastructure and related site improvements within the respective subdivisions in accordance with City approved construction plans and specifications, and WHEREAS, the Developers want to proceed with construction and sale of residential units without delay and interruption, and WHEREAS, the Developments are located within the Greenfields by the Bay Lift Station Service Area as shown in EXHIBIT 1, and WHEREAS, the Greenfields by the Bay Lift Station was determined to be operating at or near capacity per Design Memorandum submitted by Naismith Engineering, Inc., dated December, 2004, as Revised February 17, 2005, and WHEREAS, City requires a temporary means of increasing the capacity of Greenfields by the Bay Lift Station to handle the additional flows from the Developments until the existing Lift Station and 8-inch Force Main is replaced with an new larger Master Plan Lift Station and 12-inch Force Main. and WHEREAS, it is in the best interest of the City and the Developers for the temporary, automatic, self priming, electric pumping system with electrical upgrade fully integrated with the existing lift station to be designed and constructed at this time; 2005-247 'emporary Improvements 05/24/05 Station M2005-165 Mostaghasi, Alireza, et al NOW THEREFORE, for and in consideration of said City authorizing the installation of a temporary pumping system within the Greenfields by the Bay Lift Station to increase the operating capacity of the existing lift station to handle the increased flows from the Developments until the new Master Plan Lift Station and 12-inch Force Main are fully operational, the City and Developer for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby covenant, and agree as follows: REQUIRED TEMPORARY IMPROVEMENTS a. The Developer will design and construct the installation ofa selfcontaflned, fully automatic, self priming, electric temporary pumping system on skids, complete in place and ready for operation in compliance with the following requirements or approved equal: i. Consist of two (Godwin Pump Dri-Pnme Model CD 150M Automatic Self-Priming per Exhibit 2 or approved equal) ii. with new control panel and necessary electrical upgrade complete in place for operation and use iii.pumping system to be set on concrete pad iv. integrated with existing lift station v. electrical certification for all electrical integration with existing lift station controls: vi. maintain pumping capacity of existing lift station during installation of temporary pumping system and electrical tie in; vii. complete, inspected, accepted by the City and operational within the next 45 calendar day time period. PLANS AND SPECIFICATIONS a. The Developer will prepare plans and specifications and construction contract for the installation of the required temporary improvements in the Greenfields by the Bay Lift Station to serve the Developments, through its consultants subject to review and approval by the City. CITY ACCEPTANCE, OWNERSHIP AND MAINTENANCE a The City will assume permanent ownership of the temporary pumping system subject to testing, inspection and acceptance by the City. The City will maintain the temporary pumping system until the new Master Plan Lift Station and Force Main are constructed, accepted and fully operational. CONSTRUCTION CONTRACT AWARD BY DEVELOPERS a. The Developer will award a construction contract and complete the design and construction of the required improvements within 45 calendar days in accordance with approved plans and specifications. Developer Agreement for Temporary Improvements Greenfields by the Bay Lii~ Station Page 2 of 5 DEVELOPER FUNDING The Developers will pay for 100% of the cost of design and installation of the temporary pumping system improvements with electrical upgrade estimated at $51,995.60, EXIIIBIT 3. b. The Developer will not be reimbursed for this temporary pumping system from the Sanitary_ Sewer Trunk System Trust Fund or other funds. The Developers will either pay the proportionate share of cost as defined in EXHIBIT 4 to the City or place in escrow with a title institution acceptable to the City provided the following requirements are met: i. Payment is made within 10 calendar days to the City or title institution; ii. The title institution notifies the City when the required mount has been deposited: iii. The title institution requires City inspection, testing and acceplance prior to release of payment for required temporary improvements. ADDITIONAL DEVELOPMENTS: The City agrees to collect the proportionate share of the cost as identified at thc time of recording a plat from any additional developer that opts to submit a plat during the time the temporary pumping system is operational and Master Plan Lift Station and new Force Main is not accepted by the City. The proportional share will be based on the number of lots to be added to the total included in this agreement_ The City agrees to reimburse the Developers their proportional share of the payment based on number of lots. INDEMNIFICATION: Developer shall indemnify and hold harmless the City, its agents, officers and employees ("Indemnities") 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 lift station and force main construction. 'Fo the extent allowed by law, the City will indemnify and hold harmless the Developer from any and all liability for any injuries or damages as a result of the installation, construction and maintenance of the temporary pumping system with electrical upgrade. This agreement shall become effective and shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, successors, and assigns from and after the date of execution. Developer Agreement for Temporary [mprovemems Greenfields by the Bay Lilt Station Page 3 of 5 EXECUTED IN DUPLICATE originals, this day of ,2005. DEVELOPERS: Alireza i President, ~;ent. Inc. Alex ~ ...... President, Springfield Development, Inc. Micha~ddges -- Presid~t, GCE Properties, Inc. STATE OF TEXAS COUNTY OF NUECES § ]'his ins~mn'aent was acknowledged before me M ,3~ I ttr2 ,2005, by Alireza Mosta~hasi, as President, of Al Development, Ind., a Tex~ Corpora, on. K A SIMON ;~ fl;4"*llr'hdF/'J/?'mrYi To~ I Notary Public, S. tate of Texas STATE OF TE~S COUNTY OF NUECES § This instrument was acknowledged before me on, 2005, by Alex Azali, as Presiden[, of Springfield Develol~.ment, l. tlC,. a I~x~ Corporation. mo~,~, Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES § ~lhis instrument was acknowledged before me on lM;,q I/-, , 2005, by Micl-mel L_ Bri4ges, as ~9[ 9_CE Properties, Inc,, a Tex~ Corporation_ ~tk~_~v*~,~mm'~l~ // .,-~ - / / ~ .,~--'~ M~RKA. S~MON Ili ~! // /~ // ~ [~K,.~J~' l1 Notary Public, S me of Texas Developer Ag~ement for Temporary Improvements Greenfields by the Bay Lift Station Page 4 of 5 ATTEST: Ammndo Chapm City Secrct~zy-5 THE crI'Y OF CORPUS CHRISTI APPROVED: [h dayof By: Assis~t citY%mey .2005 SFATE OF TEXAS COUNTY OF NUECES § This instrument w~s acknowledged before me o~ /~~O , 2005, by George K. Noe, City Manager of the City of Corpus Christi, Tex{~. a Texas home-rule municipal corporation, on behalf of said corporation. .f. ~/~~ Notary Public, Slate of Texas Developer Agreement for Temporary Improvements Greenfields by the Bay Lift Station Page 5 of 5 ;~ Green Fields by ~e Bay Lift S~on Se~ce Area PUMPS DV 150e V~cu~m Asset Sel]'-Pr£mmg Pump Performance Curve for DV-150e Flow s lnrhcated Are A[ llY Suchon Lig In Clema Wa[er Page' 1 of I Cost Estimate Greenflelds By the Bay Lift Station Temporary Improvements Item Description 1 Pump, DV 150 Skid Mounted w/controls 2 Float Controls 3 Misc. Piping and F~ngsNalves 4 Inbound Freight 5 Electrical ConduiLANire 6 Pad MounFElectdcal 7 FreightJDelivery of pump Quantity Unit Unit Cost 2 EA $18,350.00 2 EA $29.00 1 LS $5,750.00 2 EA $120.00 520 LF $6.00 1 LS $1,000.00 1 LS $1,500.00 Construction Sub Total Engineenng (7.5% of Construction) TOTAL Total $36,700.00 $58.00 $5,750.00 $240.00 $3,120.00 $1,000.00 $1,500.00 $48,368.00 $3,627.60 $51,995.60 [~!_hibit-3 ' Page 1 of 1 SOURCE OF FUNDS SUBDIVISION Morningstar Unit 2 South Fork Unit 3 South Fork Unit 4 South Fork Unit 5 Temporary Improvements Total Proportionate Cost LOTS SHARE% NOT REIMBURSED DEVELOPER Temporary Improvements 45 17 $ 8,863 57 22 $ 11,226 6O 23 $ 11,817 102 39 $ 20,089 264 100 $ 51,996 Exhibit 4 Page 1 of 1