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HomeMy WebLinkAboutC2005-430 - 8/30/2005 - ApprovedDISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Di~ributJon Main Exter~ion Construction and Relmburser~ent Agreement I"Agmemer~t') is entered Irrto between the City of Corpus Chri~ ('C.,tty~, a Texas ru~e municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78489-9277, and Brig~-~,n Park BeplJst Chumh, ('Developer'). WHEREAS, Developer in compliance wiU] the City Platting Ordinance, has ~ed a plat to develop a tract of iand of aplxoxJmately 7.06 acres called L~ 1 of Brighton Park Bapt~ Church, located on the east side of Airline Road. south of Brooke Road, aa sho~n In b'3e attached Exhibit 1. WHEREAS, the extension of the 8-inch PVC distribution water main is necessary for the existing waterline in Brooke Road to meet ~ Water Dlstrlbuticm System Standards; and WHEREAS, under the Platting Ch'dlnance, ~ Developer is respon~ble for construction of an 8.-Inch PVC distribution main extension; and WHEREAS, it Is eaaen'dal that the 8-inch PVC distribution main extermion be constructed along Brooke Road In connection ~ lot 1 of Brighton Park Bapt~ Church for it will ixovide for the 8-Inch water fines previously In~allecl by ot)'~em to mee~ Water Distribution System Standards; and WHEREAS, Itis tothe beat interaat of the City and the Developer for the 8Anch PVC distribution main extension to be constru,'~ to the size and in accordance with Water NOW, THEREFORE, for and In consideration of tJ'm mutual coveflanta In this Agreement, the parties do covenant and agree aa follows: 1 REQUIRED CONSTRUCTION The Developer shall construct l~e 8-Inch PVC disl]lbutlon main extensioa needed for Lot 1 of Brighton Park Baptist Church in compliance with the City's Pflatt~g Ordinance and under ~ plans and ~s approved by l~ City Engineer. M2005-.30~ Bri~ton Park BBpIi~I C'hureh 1of5 2 PLANSAND SPECIFICATIONS a. The Developer shall co~-~i~-ct with a profea~lonal engineer, acceptab~ to the City's Director of Engineedr~g Services, to prepare plans and apeciflcationa for ~ 8-inch PVC distribution main extension, as show~ in ExhlMt 2, wflh the (1) Install 384 linear feet of 8-inch PVC distrlbuUon main. (2) Install 1 (one) 8" Ga~e Valve and Box. (3) Instelll (one) 22.5 degree bend. (4) Install 40 (forty) square yard pavement repair. The dlstflbution main will be constructed along the north side of Brooke Road from ~ exi~ng 8-Inch water line previously ina[ailed by othem located approximately 250 feet east of Airline Road and extend to the approximately 384 linear feet to the existing 8-1nch water line previously installed by others. b The plans and specificatkms most comply with City Standard Water Shee{s and Standard Specifications. c. Before the Developer starts construction the plans and apectflcaUo~ must be acproved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 8-inch PVC distribution main extension, the Developer ahall acquire and dedicate to the City the required utility easement or right-of-way for the Dne~al~flon of l~e B-Inch PVC distribution rnaln extermion. 4 PLA'I-rING 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 co.[~act and complete the 8-inch distrlbuUon main extension, In accordance w~h tim approved plans and spedflcatiom, by Auguat 31, 2006. 6. REIMBURSEMENT. a. The City w~l reimburse the Developer 100% of the coat of the 8-~ch PVC distribution main e__,d~__nslon, not to exceed $10,635.41 within 30 day~ upon rrn~ctng by the Developer, ff rite work has been completed, Inspected and acce~ by the City. The dudng the construction. 2of5 b The City will reimburse the Developer for expenses incurred for the preparation of plans and spec~flcaflo~ for the 8-Inch PVC distribu'don rnaln extensio~ by the professional engineer hired by the Developer. However, the expenses may not exceed 7 5% of the costs of construction of the 8-inch dis~buflon main extensioe. ? INDEMNIFICA770N. Deveiopershatl~ifyandho~dherrnless~ City, Its agents, officers, and employees h~,rn all su~, actions, or claims and from all llab#tty for any and alt injuries or damages su~ained by any person, including without ~ PVC distribt~on main extension ~. El Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownemhlp ~ntere~[~ form attached hereto as Exhibit :3. 9. This agreement becomes effective and is binding upon and shall inure to the ber~,;i[ of the City and Developer, and their respective heirs, successor, and assigns from and after the da~e of execu'don. 3of5 ATTEST: CITY OF CORPUS CHRISTI ? (~ K. Noe, City APPROVED: , '4 day of ~....y .,f .2005 THE STATE OF TEXAS COUNTY OF NUECES George K. Noe, City Manager, City of Corpus Christi, T~s, a Texas home-rule municipal corporation, on behalf o~ h'm corporate. 4of5 DEVELOPER: Robert D. Soles, Trustee Brighton Park BaplJst Church 3418 Airline Rd. Corpus ChriS, TX 78414 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledg~ b~;um me on ~.~'~ ~t~' t~T , 2005, by Robert D. Soles. 5of5 BRIGHTON PARK BAPT1ST CHURCH 8" WATERUNE REIMBURSEM~ WATERUNE PLAN Scale: N.T.S. 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