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Home My WebLink AboutC2006-021 - 1/24/2006 - Approved DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STP,TE OF TEXAS COUNTY OF NUECES This Dlstnbutlon Main Extension Construction and Reimbursement Agreement "Agreement") IS entereej into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, POBox 9277 Corpus Christi, Texas, 78469-9277, and Staples Development, L LC a Texas Limited liability Corporation, P O. Box 8155, Corpus Christi, Texas 78468 (hereinafter "Developer") WHEREAS, Developer ,n compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 36.407 acres called Manhattan Estates Units 1 and 2 located on the west side of Airline Road, south of Brooke Road, as shown in the attached Exhibit 1 WHEREAS, the extension of the 8-lnch PVC distribution water main is necessary for the existing waterline along Brooke Road to meet the Water Distribution System Standards; WHEREAS, under the Platting Ordinance. the Developer is responsible for construction of an 8-inch PVC distribution main extension WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costE for the construction of an 8-inch distribution main extension; WHEREAS, It is essential that the 8-lnch PVC distribution main extension be constructed along Brooke Road In connection with the development of Manhattan Estates Units 1 and 2 to close an eXisting gap on the 8-inch water lines previously Installed by others to meet Water Distribution System Standards: WHEREAS, It IS to the best Interest of the City and the Developer for the 8-inch PVC distribution main extension to be constructed to the size and in accordance with Water Distribution System Standards NOW THEREFORE for the consideration set forth hereinafter, the City and Developer agree as follows 1 REQUIRED CONSTRUCTION The Developer shall construct the 8-lnch PVC distribution main extension as part of infrastructure improvements for Manhattan Estates Units 1 and 2 in compliance with the City's Platting Ordinance and under the plans and specifications approved bv the City Engineer 2006-021 01124/06 M2006-016 1 of 5 Staples Development 2 PLANS AND SPECIF ICA TIONS a The Developer shall contract with a professional engineer, acceptable to the City's Director of Englneenng Services to prepare plans and specifications for the 8-lnch PVC distribution main extension, as shown in Exhibit 2, with the following basi<. design 1) Install 410 linear feet of 8-inch PVC distribution main. 2) Install 1 (one) 8' Gate Valve and Box. i 3) Install1 (one) 8-lnch Bend 01 Any Angle The distribution main will be constructed along the north side of Brooke Road from the existing 8-inch water line previously installed by others located approximately 250 feet east of Airline Road and extend to the east approximately 410 linear feet to the eXisting 8-inch water line. b The plans ami specificatIons shall comply with City Standard Water Detail Sheets and Standard Specifications ~ .J Before the Developer begins construction the plans and specifications must be approved by the City's Director of Engineering Services. 3 SITE IMPROVEMENTS Prior to construction of the 8-lnch PVC distribution main extension, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the Installation of the 8-lnch PVC distribution main extension 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 8-lnch distribution main extension, in accordance with the approved plans and specifications by January 31, 2007 6 REIMBURSEMENT a The City will reimburse the Developer 100% of the cost of the 8-inch PVC distribution main extension not to exceed $12,69575 Within 30 days upon invoicing by the Developer. if the work has been completed. Inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points during the construction b The City will reimburse the Developer for expenses Incurred for the preparation of plans an,j specifications for the 8-lnch PVC distribution main extension by the 2 of 5 professional engineer hl'-ed by the Developer However, the expenses may not exceed '7 5% of the costs of cor struction of the 8-lnch distribution main extension, 7 INDEMNIFIGA nON Developer shall Indemmfy and hold harmless the City, its agents officers and employees from all suits, actions, or claims and from aI/liability for any and all injunes or damages sustained by any person, including without limitation workers compensation, oersonal Injury or death, arising from or incident to this 8-inch PVC distribution main e;<tension 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 f1ereto 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 (jate of execution 3 of 5 / ..+-. (j ) v j~~ __ _~_=.LL~,__+_ Armando Chapa City Secretary EXECUTED IN DUPLICATE onglnals this :JI_t-. day o~~~ .2006. li, TTEST CITY OF CORPuklcHRISTI J\ ! , j' ~ G~rg~, City Manager By , H APPROVED davof . , 2006 By: Co ( It v c '- !. \~{' , _ Gary ~. Smith, Assistant City Attorney \lJ 2 bb .Y:.:..~J!!.. '.""'T " ClUtlCh. .__....!.l1:.~_r:k ~ L ----.....-;~tGIEiA';_(~ THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on . George K Noe. City Manager City of Corpus Chris" Texas, a municlpai corporation. on behalf of the corporation ~p~ 21') Jf.-/ I 2006, by as home-rule .-"" Notary Public. State of Texas tS'V PIJ -_.~, i~ \, Connie Parks ~. ~.~ My Commission Expires "'~'Of~ November 09,2007 4 of 5 DEVELOPER: ~ n {n By: V~Z ) Mr Ata Ollah Azali, President Staples Development LLC P,O, Box 8155 Corpus Christi, Texas 78468 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on -{i.Alllifl 0 ,~ ,2006, by Ata Ollah Azali V '. I. [j:',*,~,,~:,:,~::;>, ~if..',.,)~) I. '- .\.....' r' -, "\,\ .~ L. .111 - 1 .,' 1 . ,a. J ~&<" ~ Notaryfsublic, State of Texas FGGV i ANE ca' Jbl.c 'Yj' ":~Jt- { :"'prl\ 2 7 ~GOtl 5 of 5 L 1 PE:C Be YD. -fl Brighton Park Baptist Church ~ > , ;: a: 4C c:; Q: Q: <: ~ L ~ % -.- i",c,1E~ Ci-<ANNEL.A_ , i I L___ ! '----~----- _" i I , _"" ,(c <,~..::"'" ~0~0 ~lf-"".. ~ (EROOKE RD. 1 tv1 A N H ,ATT ,A, f\. /' EST p,TE::: _: !'J IT '. MASTER CHANNEL 3i ~.;= Manhattan Estates Units 1 and 2 II Exhibit 1 I Page 1 of 1 I~-- I I EXISTlI<<i lC'PVC EX 1 STI N:i 'I RE ~AHl ll' r 0.1 S1I Hfj 8' PYC r:;- Y:. \ 410 LF of 8-incb PVC Water Distribution Ma~ \ \ \ \ \ \ "- ~EXISTING 8'PVC \'-, Brighton Park Baptist Church .---_.._..._-_.,-----,.~ ---" . / ~~;"~~::rll~:~~b PVC ....--- ---- ............. MANHPTTAN E~~ATES UN 1 T r LEGEND ~----,.-. /.~ ( . . . I I \, . ) "---' ___ Prop. Fire Hyd. -6- Exist Fire Hyd. ~ VaNe \ \ - --- _._--~ 9 -------- ------ -.l~\.. -' ~ANHiC- rr AN UN]'T' ,-_C_- ION MAf:. --'~-- _..~_. ----- :. ~ 20C Manhattan Estates Units 1 and 2 Waterline 12-inch Water Grid Main Reimbursement a-inch Water Distribution Main Reimbursement BASS AND WELSH ENGINEER1NG CORPUS CHRISTl, TX COMP. NO. EXi-~T~ .xJ~ NO 04057 SCALE: AS SI-OWN ~ nT ~~AI r '" = ~O{ PLOT DATE- 1/04/OE : SHEE! 1 or : I Exhibit 2 I Page 1 of 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires aI/ persons or firms seeking to do business with the City to provide the fol/owing information Every question must be answered. If the question is not applicable, answer with "NA' FIRM NAME Staples Development. L.L.C STREET: PO.Box 8155 _ _~__ FIRM is: 1. Corporation --L-- 2 Partnership 5 Other CITY: Corpus Christi 3 Sole Owner ZIP: 78468 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 "finn". 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 "finn". 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 "finn". 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 informati?n provi~ed 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: Ata Ollah Azali (Type or Print) /~/"^( .., Signature of Certifying person:__~_Li ~\K;;;~ Title President Date: \-(8 - O~ DEFINITIONS a 'Board Member" A member of any board commission or committee appointed by the City Council of the City of Gorpus Christi, Texas b 'Employee' Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but 'lot as an independent contractor c r:;rm" Any entity operated for economic gain, whether professior.a' ;ndustrial or commercial and whether est::tblished to produce or deal with a product or service, including but npt limited to, entities operated in the form at 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. dOfficial" 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