HomeMy WebLinkAboutC2006-019 - 1/24/2006 - 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, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Shaws Development Joint Venture ("Developer"), of 101 N. Shoreline, Suite
600, Corpus Christi, TX 78401
WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop
several tracts of land, totaling approximately 61.087 acres called Northwest Crossing
Subdivision Units 1, 2, 3, and 4 located west of Rand Morgan Rd. and south of Leopard
Street. as shown on the attached Exhibit 1.
WHEREAS, Developer. will soon be commencing construction on infrastructure and
related site improvements in accordance with City approved construction plans and
specifications; 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 construction of a Sanitary Sewer Collection Line
Extension: and
WHEREAS, it is essential that 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 in the interest of the City and the Developer for the 15-inch collection
line to be constructed along with the Developer's project at this time;
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 per the plans and
specifications approved by the City Engineer.
2006-019
01/24/06
M2006-014
Shaws Development Joint Venture
Page 1 of 5
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
Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following
basic design
(/) OFFSITE SANITARY SEWER COLLECTION LINE
Install 513 linear feet of 15-inch PVC collection line.
II Install 513 linear feet of OSHA Trench Protection.
III. Install one (1) 5-foot diameter manhole.
IV. Install one (1 ) 5-foot diameter drop manhole.
B. Before the Developer starts construction, the plans and specifications for the
Sanitary Sewer Collection Line must be approved by the City's Director of Engineering
Services
3. SITE IMPROVEMENTS
Prior to the start of construction of the Sanitary Sewer Collection Line, the Developer
shall 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 January 31, 2007.
6 REIMBURSEMENT
a The City will reimburse the Developer 100% of the reasonable cost, not to exceed
$70,740.88 of the offsite 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 of the Sanitary Sewer
Collection Line.
Page 2 of 5
7. INDEMNIFICA TION. Developer shall indemnify and hold harmless the
City, its agents, officers, and employees ("lndemnitees'? from all suits,
actions. or claims and from aI/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
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.
Page 3 of 5
EXECUTED IN DUPLICATE originals, this
.c,rd
day of ~v\IX>S''-{
\
, 2006.
DEVELOPER:
By
Sh
101 N. Shoreline, Suite 600
Corpus Christi, Tx 78401
THE STATE OF TEXAS
COUNTY OF NUECES
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This irstrument ~as acknowledged before me on ~ ~M~"':I S \' ' 2006, by
.~~;'v"j\ I..-~'C\\~c e Shaws Development Joint Venture.
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XAViER GALVAN I
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~\:1'r C'Y"Yint'_;lon E~plre:
FeblUOry ell, 2009
Page 4 of 5
ATTEST
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Armando Chapa
C ,ty Secretary
By,
THE CITY OF CORPUS CHRISTI
//f
/~~
Ge9f~ Noe
City Manager
Approved as to form only__~,~__, 2006
\
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Gary Smith
Assistant City Attorney
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THE STA TE OF TEXAS
COUNTY OF NUECES
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1
, 2006, by
shame-rule
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This instrument was acknowledged before me on
George K Noe, City Manager, City of Corpus Chri
murr~ipal corporati,b?, on ~ehalf of the corporation
L/ O{JuL' I/dl-~y-
Notary Public, State of Texas
--=
ff"t3':~ P(;~ Connie Parks
(I 0 '_ "0
'I' .~ * ;, My CommissIOn Expires
!:"~ ~ Novemoel 09 2007
L,.,~~.__.'--~ - ,-"
Page 5 of 5
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Page 1 of 1
Sanitary Sewer Colaction
Main Reinbursament for
Northwest Crossilg Off-Site
15- Gravity Line
<0 2006 by Urban Engineering
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi 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: Shaws Develooment Joint Venture ("Deve/ooer")
STREET: 101 N Shoreline, Suite 600 CITY: Comus Christi ZIP: 78401
FIRM is: 1 Corporation 0
5. Other 0
2. Partnership 0
3. Sole Owner 0
4. Association 0
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' N/ A Job Title and City Department (if known)
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 N/ A Title
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 N/ A Board, Commission or Committee
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 N/ A Consultant
CERTIFICA TE
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: John Wallace .
(Type $1"";/
Signature of Certifying Person: ~ .V~ .
Title: Authorized Reoresentative
Date:
II Exhibit 3 II
Page 1 of 1
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 seff-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. 'Ownership 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.
f. "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.