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HomeMy WebLinkAboutC2005-431 - 8/30/2005 - ApprovedTRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF'I--EXAS COUNTY OF NUECES This Transmission and Grid Mare Consffuction and Relmburaeme~ Agreement I"Agreement") Is e~ered into between the City of Corpus Christi ("City"), a Texas home- rule mumcipal corpora'don, P.O. Box 9277, Corpus Chr~fl, Texas, 7846g-9277, and K~ng'a Crossing Realty, Ltd., ("Developer'). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat te develop a tract of land of approximately 14.83 acres celled King's Crossing Unit 19 Subdivision, located on the west side of Cimarron Boulevard, ~outh of Lerm Drive, aa show~ in the attached Exhibit 1. WHEREAS, the City's Water Distribution Master Plan, 1997, requires h'm construction of a 12-inch PVC arterial trarmmIssion grid main in order for King's Croaalng Unit 19 Subdivision to have water service; and WHEREAS, under the P;a[[ing Ordinance, the Developer Is responsible for cormtruction of a 12-inch PVC artedal transmission and grid main; and WHEREAS, under fl'm Platting Ordinance, the Developer Is eligible for reimbursement of the Developer's cosls for the construction of a 12-inch PVC arterial bansmbslon and grid msia: and WHEREAS, it is essential that the 12-inch PVC arterial 13'ansrnission and grid main be constructed along Cirnarmn Boulevard in connection ~ King's Crossing Unit 19 Subdivision for it will pro, de future service connections to the east of said subdMelon upon completion of King's Crossing Unit 19 Subdivision; and WHEREAS, it is to ~ best interest of the City and the Developer for the 124nch PVC arterial banarnlssion and gdd main be con~'ucted to the size and serve the ama soeclfled in ~ Water Distribution Master Plan. 1997. NOW, THEREFORE, for and In conside~-i~on of the mutual covenar~ in thIs Agreement, the parl~es do covenant and agree as follows: 1 REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC arterial bansmlssion and grid main needed for King's Crossing Unit 19 SubdivIsion In compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 2005-43l M200~-301 2 PLANSAND SPECIFICATIONS a. The Developer shall contract ~ a professional engineer, accep'mble to ffm City's Director of Engir=~c,fing Services, to prepare plans and epecifica'do~ for the 12 ~nch PVC arterial bansmi~sion and grid main, as shown In Exhibit 2, with the following basic design: (1) Install 728 linear feet of 12" PVC t]'anamissio~grid main. (2) Install 3 (three) 12-inch Tee. (3) Irm~ll I (one) 12-inch 90° Bend. (4) Install 2 (two) 12-inch Cap with Blow Off Valve. (5) Install 1 (one) Fire Hydrant Assembly In-place. (6) Connect to existing 12" waterline. (7) Deflect 12" waterline to clear stormweter inlet (2 locations). The transmission/grid main will be con=bucted along the west side of Cimarron Boulevard from bhe existing 12-inch water line previously installed by others extending south to a tee connection at approximately b~ ~uth right-of-way line of Coronation Drive. At the tee, the waterline continues ~ to the east and to the west. Continuing to the east, the water line extends to the east right-of-way line of Cimarron Boulevard, which corresponds to the future eastward extension of Oso Parkway and extenNon offl'm 12-Inch water grid main in accordance with the City's Water Distribution MaMer Plan. Continuing to the west, the waterline extends approxima'u~j~ 59 feet along the south nght-of-way line of Coronation Drive and begins a 59 foot off.set from the original direction of the waterline that corfdnuea south for 2t~ feet, tYmnce east for 59 feet, and thence south for 75 feet to approximately the s~xJth right- of-way line of Legacy Point b. The plans and specifications must comply with City Standard Wa~er 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 arterial tmnarnlmdon and grid rnaln, Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the ~nstallatk)n of 12-inch PVC arterial tmn~nisalon and grid main. 4 PLATTING FEES. Developer shall pay to the City of Corptm Christi the required acreage fee~ and pro-mba fees as required by the Platting Ordinance. 5 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inch water arid grid main, in accordance w~ the approved plans arid specifications, by August 31, 20~. 6 REIMBURSEMENT. a The City will mimbume the Developer 100% of the coat of the 12-Inch PVC arterial transmission and grid main, not to exceed $34,551.31 wi~%in 30 days upon Invoicing by the Developer, if the work has been completed, inspected arid accepted by the City. The City agrees to conduct pedodic inspections of the prograsa of the work at key points dudng the construction. O The City will reimburse the Developer for expenses incurred for lyre preparation of plans and specifications for the 12-inch PVC arterial ;~armmission and grid main by the professional enginee~ hired by the Developer. However, the expenses may not exceed 7 5% of the costs of construction of the 12-inch wa~er grid main. 7 INDEMNIFICATION. Developer shall indemnfly and hold harmless b~e City, I~ agents, officers, and employees from all suits, ec6ons, or c/aims end from ell ltabi#ty for any and ell injuries or damages sustained by any person, including wibL~x/t llrrdtat/on workers compensation, personal injury or death, arising from or incident to ~his 12-irmh PVC arterial transmL.~ion and grid main con~. 8 Developer fu,i~er agrees, in compliance with the City of Corpus Christi Ordinance No 17112, to complete, as part of this Agreement, the Disclosure of (::)w~erahlp ,nterests form attached hereto as Exhibit 3. 9 This agreement becomes effective and Is binding upon arid shall k~ure to the benefit of the City and Developer, arid their raspectNe helm, sum, arid reigns from and after the date of execution. EXECUTED IN DUPLICATE originals, bhis day of ,2005. A'I-rEST THE CITY OF CORPUS CHRISTI Armando Chapa cW Secretary Ci{y Manager APPROVED: ~;; day of ,20O5 By: ,l-..~-. ¥- -.~ ~oseph Hllmay ' Assistant City Attomey THE STATE OFTE. XAS COUNTY OF NUECES ., I ' This Instrument was ackn°wledged bef°m me ~h .~e~ T~exas George K. Noe, City Manager, City of Corpus , a municipal corporation, on behalf of the corpo~a~k3n. Notary Public, Sta~ of Texas DEVELOPER: King's Crossing Realty. Ltd. 6201 Oso Parkway Corpus Christi, TX 78414 THE STATE OF 3--/=XAS COUNTY OF NUECES This irmtrument was acknowledged before me on/3 ,~'~,,~~"'"'005. by John Wallace. IExhibit I I Pnge lo~ 1 · - i'. t '. ~ : ~ ~;'~ -':' · '~. ~.[I ! ~- · ' ~'~'~ · _ - ~ % . ..... : ~ fl ~ .. ~... , ..... WA~R PLAN ~=.~ KING'S CROSSING UNIT 19 GRID-MAIN WATER REIMBURSEMENT EXHIBIT SHEET 1 OF1 [ ,~lblt 2 [ lofl City of C:oqxM Chrl~ Ondnen~ 17112. as =..xJ:$_ ~ requlrm aMper&om or fiml aweld~ Io do MmkN~ Mlh dm CIty m pmvlM the lM1~vL~ l,db,, lion. 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