The URL can be used to link to this page

Home My WebLink AboutC2005-704 - 12/20/2005 - Approved SANITARY 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, PO Box 9277, Corpus Christi, Texas, 78469- 9277, and Ford Tex Operating ("Developer") of PO Box 1377, Taylor, Texas 76574. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approxImately 1,521 acres called Saratoga Center, Lot 15, Block 1, located east of S Staples Street and south of Saratoga Boulevard, as shown on the attached Exhibit 1, and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Une Extension: and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the oversized and over-depth portion of the construction of a Santtarv Sewer Collection Une 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 oversized and over -depth Sanitary Sewer Collection Line Extension be constructed in its permanent Sizing and location 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 the City Engineer 2 PLANS AND SPECIFICA nONS 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 and oversized over -depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following baSIC (jeslgn 2005-704 12/20/05 M2005-442 1 of 5 Ford Tt'x Operating I) OFFSITE OVER-SIZE, OVER-DEPTH SANITARY SEWER COLLECTION LINE Install 104 linear feet of 12-tnch PVC collection main II. Install 40 linear feet of OSHA Trench Protection ill Install 40 linear feet of Class 0 Embedment IV. Install one (4) 4-foot diameter manhole (10'-12' deep). v. install one (1 ) tie to eXisting manhole (inside drop) VI Install 70 linear feet of boring under existing driveway VII Remove and replace off-site Improvements (II) ONSITE OVERDEPTH SANITARY SEWER COLLECTION LINE Install 560 linear feet of 12-inch PVC collection main !I Install 560 linear feet of OSHA Trench Protection. III Install 560 linear feet of Class 0' Embedment IV Install two (2) 4-foot diameter manhole (10'-12' deep) v Cut and Repair 33 square yards of Dnveway Asphalt Vi Replace 20 linear feet of Curb and Gutter 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 will acquire and dedicate to the City any required additional street right-of-way or utility easements. 4 PLATTING 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 December 30, 2006. 2 of 5 6 REIMBURSEMENT a The City will reimburse the Developer 100% of the reasonable cost, not to exceed $153,92L' 48, of the Sanitary Sewer Collection Line within 30 days 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 fNDEMNIFICA TlON. Developer shall indemnify and hold harmless the City, its agents. officers, and employees ("Indemnitees") from all suits, actions, or claims and from aI/liability for any and aI/ injuries or damages sustained by any person. including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Col/ection 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 Disdosure of Ownership I nterests 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 3 of 5 EXECUTED IN DUPLICATE originals, this DEVELOPER: \ \ , ,~~"- By: \ , ) Ford Tex Operating THE STATE OF TEXAS COUNTY OF NUECES This instrume was acknowledged before me on /,,---, ( TfA':> , ClJ lll,JT'""1 "Lx 4 of 5 Dc( day of 0-.--~_ ,2005, \ ~t~ ,2005, by ~~~ f:S: ..1 ~'" .... ..... , .,?fe., JUAN REV GUTlERREZ MY COMMISSION EXPIRES May 4, 2009 Notary Public, State of Texas ATTEST . /~~ , Armando Chapa City Secretary By THE CITY OF CORPUS CHRISTI G~ City Manager Approved as to form only p,..J~~ 15 2005 /"\ t{ f ~\/1 J___ Joseph arney 1 Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES ~ ~r This instrument was acknowledged before me on . c!./ . .~ I 2005, by George K Noe, Cit Manager, City of Corpus Christi, exas, a Texas home-rule m ur}fOi pal corpora 0 ,o~ behalf of the corporation . ~~~ ry Public, State of Texas f6...,s'.... PIJ~~, I,/;.nr"p Parks. \' ~ ~'~ C:. d, r. ..C,"1",:'1\5510 n Expires * 7)-::'\' 'P,/I~- '\ ,.,~;j Nc.ernt'e' 09 2007 . l_~.2f, . ". ' '\ . { J 4;U5 +fI ',' ,. " --.....-.....-.........,.._..... f-\....lll :U!;';';"L. &" OOUNCil..w.._, ..1.lfJ~.L:i ---..... ....,... ...,,~ SfC~trAtic:{l'/ I 50f5 ROM f- C ESTWICK t ~ CD <l: D-, <I KNOnt 0'1 31 '51 Saratoga -~ ~ ~. ~ ~ ~ NTA~ ~/.te IL ~ ~ .... I- I;: i< (l We IT' ~ ::? CiTY cu -1 4! &"--T ,:hi /( DO~ J ~ <( '.) LOCATION MAP Not to Scale II Exhibit 1 I Page 1 of 1 '1 - ;;, -. K - i'l N ~ .... , - & ""i:t' - < - (fJ - (fJ :c~t3 'T 6::u.J~ wZ:::::E 'T O::c< 'T " .....J6::Z ji .....JUJ~ ~ ii 2ClZ <( Ii 0 :=J II ,<~:::::E '/ <'c)N~ 2 ~~ ~tOw '--....-/ ~ ..- (f) IIUO C;:C:I- -; y .._-........ ~-.J t ~-- '-'- - - -.'\",: "" -......" ~ Fl ",_", C-) .--' +- - 1= --+- ~~' ~ Q N N Q I ~J~ ~ U E- 1>- Q..'JJ ~ z ~~o il< ~ ( -..0 i In ,/ ) " i """"'-.-r" D ... ~4~S..PVC C-90':'- ~. ;..; II \.0--.....,_ Y' '" ~ (f) t..J a::..::: W-Lf) (f)::::E..-::..::: 0<1-<...) g,:Zog O:::~.....JCD 0.. :z o ::::E / i ~ - --t - . --- ~~-~==------ - l.J..! ::J Ln (0 ~- ::..::: 1-<...) 00 -lffi C) III ~i I .... z ~ ii ~ 'n: t- roo; ~ 'g. m w ~ ~; j; UJ W It: rt'" g Z tj II ~ ([-Ill ~ >- C) ~ !!~ ~ Zit: ('" 8 :l w 8 !io:: N II !!i2 W Q i;~!;;( cii-:> 0 .... ~ ~ ....-: I < ~ ~ V ~ .....: ;-... ',- "0 CXl II = ..- ~ <S U1 ~ ~ ~ ~ ~ ~ (f) ~ <{ X ~ W ~ ~ - ~ ;:: ~ ~ (f) [....; 0::: ~ ~ I ~ 0 ~ I (f) Cl:::: ~ :::) ;;..: Q... 0::: ~ 0 ~ t.i u N >-..; ": ~ ~ ~ -- --- ~ ~ \ Z X I -~~ ____L______ II Exhibit 2 I Page 1 of 1 tIf!' CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christl Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME FordTex Investments, Inc STREET POBox 1377 76574 CITY: Tavlor ...ZIP: FIRM is 1 Corporation xxxx__ 2. Partnership 5 Other 3. Sole Owner 4. Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Job Title and City Department (if known) none 2. 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 none 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm", Name Board, Commission or Committee none 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE i certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Douqlas W Frielinq, CFO Title: Type or Print :f.-.::7\-:'~ Signature of Certifying Person ________ Date: 12/13/2005 DEFINITIONS a "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas b "Employee" Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an Independent contractor c "Firm" Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which. for purposes of taxation, are treated as non-profit organizations. d "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e'Ownershlp Interest" Legal or eqUitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation