HomeMy WebLinkAboutC2006-176 - 5/9/2006 - 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 (hereinafter
"City"), a Texas home-rule mUnicipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Mostaghasi Investment Trust, 6333 Queen Jane. Corpus Christi, Texas
78414 (hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 35.817 acres called King's Point Unit 6 located
on the north side of Yorktown Blvd, east of South Staples Street, as shown in 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.
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a Sanitary Sewer Collection Line Extension;
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.
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
WHEREAS, it is In the interest of the City and the Developer for the 12-inch collection
line to be constructed along with the Developer's project at this time;
NOW, THEREFORE. for the conSideration set forth hereinafter, the City and Developer
agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12-inch PVC sanitary sewer collection line needed for
King's Point Unit 6 in compliance with the City's Platting Ordinance and under the plans
and specifications approved by the City Engineer
2006-176
05/09/06
1\12006-141
l\1ostaehasi Investment Trust
1 of 6
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7 DEFAULT
The following events shall constitute default
a Developer fails to engage a professional engineer for the preparation of plans
and specifications for this project by the 10th calendar day after the date of
approval by City Council
b. Developers professional engineer fails to submit the construction plans and
specifications to the City's Director of Engineering Services by the 40th
calendar day after the date of approval by City Council.
c. Developer fails to award a contract for the construction of the ~roject,
according to the approved plans and specifications, by the 70t calendar day
after the date of approval by City Council.
d. Developers contractor does not reasonably pursue construction of the project
according to the approved plans and specifications.
e. Developers contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before May 31, 2007.
In the event of default, the City shall have all its common law remedies in addition to the
following
a. Cancellation of this reimbursement agreement without notice or cure.
b. Refusal to record plat(s) or issue any certificate of occupancy for any
structure to be served by the project.
8. THIRD-PARTY BENEFICIARY
Developer's contracts with the professional engineer for the preparation of the plans
and specifications for the construction of the project, contracts for testing services, and
with the contractor for the construction of the project shall provide that the City shall be
a third party beneficiary of each contract.
9 PERFORMANCE AND PAYMENT BONDS.
Developer shall require Its contractor for the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
contract is in excess of $100,000 and a payment bond if the contract is in excess of
$25,000. The performance and payment bond shall comply with Texas Government
Code, Chapter 2253 and shall be In the form and substance as attached hereto.
10. NOTICE
Should Developer fail to perform any obligation or duty of this agreement, the City shall
give notice to Developer, at the address stated above, of the need to perform such
obligation or duty, and should Developer fail to perform the required obligation or duty
wfthin 15 days of receipt of the notice, the City may perform the obligation or duty,
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charging the cost of such performance to Developer. Developer will pay to City the cost
of such performance within 30 days from the date Developer receives notice of the cost
of such performance Notice required by the paragraph may be by United States Postal
Service FIrst Class Mati, Certified. Return Receipt Requested, postage prepaid; by a
commercial delivery service that provides proof of delivery, delivery prepaid; or by
personal delivery In the alternative in the event of Developer's failure to cure any such
breach after notice, the City may terminate this agreement The provision for notice and
cure contained herein shall not app1v to a default under paragraph 7 hereinabove.
11. WARRANTY
Developer shall fully warranty the workmanship of and function of the sanitary sewer
gravity trunk main sanitary sewer trunk force main, and lift station and the construction
thereof for a period of one year from and after the date of acceptance of the facilities by
the City Engineer
12. REIMBURSEMENl
a, The City will reimburse the Developer 100% of the cost of the 12-inch sanitary sewer
collection line. not to exceed $267 825.25 See Cost Estimate attached hereto as
Exhibit 3
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12-inch 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 12-Inch sanitary sewer collection line.
13. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from all
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 12-inch sanitary sewer collection line construction.
14. This agreement IS a covenant running with the land, King's Point Unit 6, a
subdiVision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas
15. DISCLOSURE OF OWNERSHIP INTERESTS. 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 hereto as Exhibit
4.
16. EFFECTIVE. 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
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EXECUTED IN DUPLICATE originals this
day of
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,2006.
A.TTEST
CITY OF CORPUS CHRISTI
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Armando Ch'apa. CitySeiretary
By
APPROVED _ ~~__ day of _1J~m_m_'__ 2006
By: {~. I h( ~,ctlv____
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Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES ,
This instrument was acknowledged before me on l V\ ilL.1. (iy' ,2006, by
George K Noe, City Manager, City of Corpus Christi, Tex~$, a Texas home-rule
municipal corporation, on behalf of the corporation,
/
Lt{\kl~l.'- It/t^-j'1.R>~__
Notary Public, State of Texas
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DEVELOPER
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Mostaghasl Investment Trust
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Hossein Mostaghasi, Trustee
6333 Queen Jane
Corpus Christi. Texas 78414
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~d-5 ( , 2006, by
Hossein Mostaghasi, Trustee, on behalf of Mostaghasi Investment Trust
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Not~bliC~ of Texas
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CORPUS CHRISTI. TX
COMP. I<<l. EXB-NtAP
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SCALE. AS SHOWN
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12- GRAVIlY SANITARY SEWER
COlLECTION UNE RElMBURSMENT
CORPUS CHRISTI, TX
-.us AND WELSH ENG I HEER I NG
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Chnstl Ordinance 17112. as amended. requires all persons or firms seeking to do business with the
to provide the fo!lowmg Inhrmatlon Every question must be answered If the question is not applicable,
:mswer with NA
FIRM NAIIE ~ 3AiA ''''';,:~: ~ 7>1--<- ~ -t _._~
STREET ?i/J7_~_L ! -~ !:UL-<---. CITY: __L:L__________
ZIP: > 'ff ft-/4--
FIRM ia 1 Corporation _.__
5 Other_ /.Il&L-:JL
L F'artnershlp __.
3 Sole Owner
4. Association_
DISCLOSURE QUESTIONS
if additional space IS necessary alease 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)
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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
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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
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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
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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. ~s?i'V /j{A)t?~ ______________Title.
(Tyoe or Pnnh
Signature of Certifying Person ~~~__
J'
~ - Date
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11 Exhibit 4 II