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HomeMy WebLinkAboutC2007-014 - 1/30/2007 - ApprovedARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUhiTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agraement") 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 Nasser Far~hnakian, 6149 Lemans Drive, Corpus Christi, Texas 78414 (hereinafter ~`Deve#oper"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develap a tract of land of approximateiy 5.739 acres called Lot 1, Block 1, Sunrise Business Pa~rk located south of SH 44 access road and west of Clarkwood Road, as shown in th~ attached Exhibit 1 WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12-inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Deve~oper's costs for the construction of a 12-inch PVC grid main; WHEREAS, it is essential that the 12-inch PVC grid main be constructed along SH 44 acces~ road, in connection with Sunrise Business Park for it will provide future service conne~tions to the west; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree ~s follows: ~ . REQUIRED CONSTRUCTION The D~veloper shall construct the 12-inch PVC grid main needed for Sunrise Business Park in compliance with the City's Platting Ordinance and under the plans and specif~ations approved by the Development Senrices Engineer. 2. PL~4NS AND SPECIFICATIONS a. Tt~e Developer shall contract with a professional engineer, acceptable to the C~y's Development Services Engineer, to prepare plans and specifications for the 12-inch PVC grid main, as shown in Exhibit 2, with the following basic design: i 1) Install 466 linear feet of 12-inch PVC grid main. i2) Install 1(one) 12" x12"x12" Tapping Tee (D.I.M.J.). 2007-414 Ol/30/07 ~ ofs M2007-033 Farahnakian, Nasser (3) install 2(two) 12-inch 45 Degree Bend (D.I.M.J.). (4) Install 1(one) 12-inch 11-1/4 Degree Bend (D.I.M.J.). (5) Install 1(one) 12-inch Tapping Valve with Valve Box. f6) Install 1(one) 12-inch gate Valve with Valve Box. (7) Install 1(one) 12-inch Plug, D.I.M.J. with 2-inch B.O. Valve. (8) Install 2(two) Fire Hydrant Assembly with Bend and Adapter. (9) Install 1(one) Single, near Side Water Service Connection. The 12-inch PVC grid main will be constructed beginning at the existing 12- inch water line previously installed by others in the Clarkwood Road right of way and extends west, along SH 44 access road approximately 466 linear feet and terminates at the Sunrise Business Park property line. b_ The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3 S~TE IMPROVEMENTS Prior #o co~struction of the 12-inch PVC grid main, the Developer shall acquire and dedic~te to the City the r~quired utility easement or right-of-way for the installation of the 12-inch P~fC grid main. 4 PLATTI~IG FEES. Developer shall pay to the City of Corpus Christi the required acre8~ge faes and pro-rata fees as required by the Platting Ordinance. 5. D~VELC?PER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall awar~l a cc~ntract and include within the contract that the 12-inch grid main shall be cons~ucted in accordance with the approved plans and specifications and completed by Janu~ry 31, 2008. 6 TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7 D~FAULT. The f~llowing events shail constitute default: 2 of 6 a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 14th calendar day after the date of approval by City Council. b. ~eveloper's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40cn 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. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer s contractor fails to complete construction of the project, according to the approved plans and specifications, on or before January 31, 2008. 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 ~tructure to be served by the project. 8 THIRD-PARTY BENEFICIARY. Deveioper's contracts witfi the professional engineer for the preparation of the plans and ~ecit~cations for the construction of the project, contracts for testing services, and with ~e ca~tractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9 PERF~RMANCE AND PAYMENT BONDS. Deve~per shall require its contractor for the construction of the project, before begir~ing the work, to execute to Developer and the City a performance bond if the contr~ct 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, Ch~pter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 1 ~. f~OTICE. Shou~d 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 oblig~ttion or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, char~ng tMe cost of such performance to Developer by reducing the reimbursement amount due 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. 3of6 Notice required by the paragraph may be by United States Postal Service, First Class Mail Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery servic~e that provides proof of detivery, 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 shail not a~ly to a default under paragraph 7 hereinabove. 1 ~ WARRANTY. Deve~per shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and afte~ the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12 I~EIMBURSEMENT a. R~nbursement hereunder shall be made solely from and if, as, and when sufficient funds are available in and appropriated from the Water Distribution Main Trust Fund and Developer acknowledges that reimbursement is so limited. b. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid main, upon satisfactory completion and testing in compliance with approved plans and specifacations, and final acceptance not to exceed $47,860.95. See Cost Estimate attac~ed he,reto as Exhibit 3. c. Th~ City will reimburse the Developer for expenses incurred for the preparation of plans ~nd specifications for the 12-inch PVC grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of constr~uction of the 12-inch grid main 13. N!~Ell~it/FICATION. Deve/oper shall indemnify and ho/d harmless the City, its ageni~, oflll~ers, and employees from all suits, actions, or claims and from aH liabil~yr for any and a1l irtjuries or damages sustained by any person, including witho~t lim~ation workers compensation, persona! injury or death, arising from or inc~dent to this 12-inch PVC grid main construction. 14 This ag~'eement is a covenant running with the land, Lot 1, Block 1, Sunrise Busin~ss Park, a subdivision in Nueces County, Texas, and shall be recorded in the Offici~ Pua~ic Records of Nueces County, Texas. 15 D4SCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compl~ance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreer~nt, 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 as~igns from and after the date of execution. 4 of 6 EXECUTED IN DUPLICATE originals, this ~'~~~ day of ~~1 ~~ ~- , 2007. ATTEST: CITY OF CORPUS CHRISTI ~ _ By: -~._.. Arm~ o G~apa, City retary eo ge K. Noe, City Manager APPROVED: : day of . i~ ;,~_, 2007 By: ~ ,~~~~~ ~~t Ga W: mith Ass~tant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES l "U~ ~~ITIiOKILt~ ~- c~ci~ ...~. ~..~.... ~ .,,,,_„~.... .................... . , SE~RE'~~ This ~strument was acknowledged before me on \~~( ~lL~ -.`?~ , 2007, by Geor~ge K. Noe, City Manager, City of Corpus Christ~, Texas, a~ exas home-rule muni~ipal corporation, on behalf of the corporation. ,n ~`~ T~`= L;,~ Gt~~~ t'1~I,,.i , k' s' -,, Notary Public, S of Te~ _,..~~'~.~~ MARIA Y JUAREZ Noffiry Public ~ ~ STATE OF TEXAS `~,'~a~ My Comm. Exp. 10-25-2009 5 of 6 DEV~LOPER: Nass+~r Farahnakian .w.-.- BY~ ~~~ _-__ THE ~TATE OF TEXAS COUfVTY OF NUECES This ~strument was acknowledged before me on .J~~~~ta~~c~ vt-3 , 2007, by Nasser Fa~ahnakian. ; ' i ~. LL~~ ; v~.~ ~ ~;- '.~ Nota~r Public, e of Texas ~~ , r -~ ,-.~.. "°~~ ~~ ~' S - F4 J ~; aRK~ANE` ~ j* ~~..; * , _>x ~, ~ ,. ~. .~ , . , ~x~ ~ ~ ~ ;~ ~;~ _~ '~ ~ 6 of 6 ,~ . ,~,.... P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES ~ KNOW ALL BY TSESE PRESENTS: TH#T of County, ~~'e~~:~, herainafter c~ '~led " ~r~n^ipal" , and , a ~°o ~ p<~;r3t :~,~ orq~~~~ i~.e:~~ : u~~.t~e ~~ t ~ F> laws or the State of .n~~: ,~_ly ~_~_utho~ i v.e~_~ ~ o ~o ~U:~, ness , ~r. the State of Texas, hereinafter ~~a ~r~~i "_L:rety~", ~re ne,~~~~~~ ~n~~ f~rml~ bc>und untc (name of developer and e_;a ~t=:} ~s, ~~r :~:~rp .~r~~i~ : ;, ".-evelo ~er" ard the City of Corpus Christi, ~r~ : ~ i;=~,_~~ _~c ;=;:~z~: ic~: ' '`,:~ces -'o~anty, Texas, hereinafter called ' ~ ~ ~ ` ~ " , : n ~ u~~ t , 31 ~~i .~ersor ,. , ~~ ; rms ~ ~d corporat ions supplying labor and ~~-:a' =~~ ~ ~1_~ in ~ ~:_~~s~ ~~~ .t~"~,: ~~ t he ~. ork referred to in the attached ~~:~,~ __~~~ ~t, '_n ~-r~~ ti~en : ~ v_lr~~~~ ~i ($) ~ ~~~~L~~~AR~, la~~~rful money of the United =t~ ~F~,s, ~= be ~<~ :~ i_- N~_:ecc :, ' ~.~nty~, Texas, for `he payment of which sum :e ~ =nc ru~1 _ ._ _ -~:a~ : ~~= bir.d o._:Yselves, our heirs, executors, :a~ ir~~: ~t~~-~a ~cr~ ~r_~; s .cc ~~- r:=. ;~oi_r~' ~~~~~ and se~erally, firmly by these A_::sF::--s. THE C(~iDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the -~r ~c;~~a- ~nt~r~~ : i:~r_, a c;r ~-~~:n con'-_ract with ~~~he Developer, dated the ~ ia°_~ ~ , 20 ~- ~~~~p~ ~ ~~v~ ~ch ~~~s hereto a-tached and made a part ?. ac, ~ ~ the ~ ~rs* ru .t ~ 1 _ . NO~II, T~EREFORE, f rne pr-:r~cipal shail faithtully perform its duties :;-: i ~~.ak~= pr~m^t p~;yment ~ ali persons, firms, subcontractors, o~pc rat1_~ :s a::~ ;, ai~.an~ s ,upplyir.q labor and material in the :~r -sF~~ ~~t;_=~:,. o~ ~.".e w: ~rk pY- vi:~ed for in said contract and any and all :u:~ aat'rc~izan ~nodi' i~,at,i .r ~ saici ~~ntract ~hat may hereinafter be ~~_a~-~e, ~o~ i~e of ~~~hi~-~-:~ mc~d_ ~i -~a =ion to the surety is hereby expressly :va_ •Jea, t.:~~n r_.._ _ cb'_ ~g~ .~_ 1~,'-a11 b.~ v.~~d; otherwise to remain in full _~° :E ~nca -~ffe~' PRAVID=D FURTHER, ~:rat ,_= ~r.y '~egai act.ion be filed upon this bond, ~e~~1aE~ ~h~~ _ 1? ~ _- N~w_~ce~ _ ~,ar~~ p, Te;~as . A.zd ~~iat s.x~,z s~._re!~Y~ : or ralue received hereby stipulates that no :~~~nae, ~x`ensi,~~. of ti~~e, a L~.~raticn or addit~on to the terms of the ~r,} r a:Jt, or _.~ t r;e ~ac _~k perfcrmed thereunder, or the plans, ~pE:^~ ~_`~ca _ ~ons, ~raw;~ ~gs, ~.~ ., ac~ompanyir.g the same shall in anywise :f~ec~ it~ obli~rari.or_ or. *~;iU ~a~ond, ~nd it does hereby waive notice of ~r~ , : ~ :h ~-iange, ~xte ,~si -~n >~ - ~me, ~t~teration cr addition to the terms f':r ~ c~_-r,;` rac~, ; r ~: ~-,e ac~ r K ~o bF> ~erformed thereunder. 7`Y'TP,E::'. ~r:;r"C~ -3~@ ~~. ..~ ~i ~~onci ~; ~~~ er, ~ ~n:>: tr= requirements of Chapter 2253, Texas ,, _~-e~~T~~e~ t Cc~~~~, a~~~: o ne- ~r~r; ~icab ~e statutes of the State of Te~as. rl" = "~ i : ' ~: ` " " ~ . _, _ • d:l:. ~~Md ~2T ldl~~ ~ dS used herein are lI1 , ~C J'~3r~ ~E W1t: ..:i S "._ .... 1-I1 S~L~ AYt1C12. :~e .-~~der~ _;r,.~~: aq~~~-_ l:; ~~reby ~~esignateci by the Surety herein as '_ =~_,,enr ~esi~~=~~_~~~ ~. N~~~ ~~~ ~'~:~unty -_~ wnom any requisite notices may be ie _i ~re ;~nd ~~ w. :.`~r~,: . c_ , f p_V ~cess may be had in matters arising ~_ , ~.~h .~ ~:~~;- :iti, ~ _r:.~v;_,~r,A '~y Art. ?.19-1, Vernon's Texas - , ~ . -.nc~ .,o~~ ,, _-, IN WITNESS WHEREOF, t~ is -istrarlentt is executed in t: w-:i ~h sh~~ ~, b= d~~~,.~ =_ : ori~~na'~, this ~he ~ - . PRINCIPAL iy': ~ir.~ ;ar.~~ ~ ?'~~*1~; ATTEST ~~cret~~ry ' _ _ r * .;;=rn= SURETY ts y . f,~`torney-in-fact --~-- ~~arr~~.e; The Re~,dent Agent of the Surety in Nueces County, Texas, for delivery of notice ~nd service of process is: Ag~ncy: Cc~tact Person: Addtess: P~ne Nltimber : N~~"~~_ ~at~_. Pa'.^^ _ _..._ m~~.a,' ~ c,r~~_ .~'_e c= ~on*-3c~) ~F _ --.. 9; _ - 4 copies, each day of 3~%men~ Bcnd -,,~ ~~ : , ~-- ( ~ =-y' ~ ~- BUSINE~c cT;, ~_ HI~HW"~Y '-'' ~ ~~S avENUE w °' ~-- z ~ ~, ~ ,,, :n ~ ~ ~ ~ w ~ ;; =K~uND AVENl1E w G > N ~ O ~ N ~ U Y ~ Q NEN,~ jTq~r`- HIGHWE=Y 4=~ ~ rn N N ~ ~ ~ Z ~ LOCATI(?N MAP ° ~ Y Bp0' 300' 0' 300' 600~ 1' a GRA ~ SCALE:1'~Q00' " ~- w W ~ ~-. cn ~ ~ ,~ w Y r t~,_ w ' ~ U S. ~ F-- F-- ~ U `f' BARK STREET z o a ~ Z J J ~ ~ -__ ._ _. . _ - ~ ~ ~ . NEEDLE STREET - - REIM~URSEMENT EXHIBIT SU'~TRISE BUSINESS PARK LOT 1, BLOCK 1 Exhib~# 1 NEW STATE HIGHWAY 44 PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS age o 1 C R m~g,L~~ f,.{ ('~ 5658 South Staples, Suite 230 JATE: ~.-09-0; ~./ ~+ pF~ione$(361) 991-8550 Fax~ 993-7569 'RG J^B ~J ~91 ` E-Mail crg~crgei.com ..,,. _ .,. ~ __ .,,~. ., .,,,M... .... y~ _ ~ ~-~-- _ ~1 _~ _ _ h;~ , : I ... __..p.. ----~~1 ~ _ _ ._ . _ . ~ ~i 1~ - I~ I' J ( ~ ~~ ! ~~~ ~ ~/~ 94 i I i. ~ ~ -~ ~I" i , ., I ~ - 1~ ~ t~ j ~:. ~ I i„ F ~ ~ ~ ~1 I ~ ~ ~ ~I _ ~~ o ~ i i I J ~ , ~ ~ ~i ~~ w ~ l, Y. ~ ~ . ~ N ~ il I S ~~ ' NI -~I~ I I r. r I ; ~ ? w a ? ~ ~ ~ = 2 U ^ . Z V ~ O~ y ~ ~' ~ Z C V dl = ~ o ~ I W Zr Um =U o o w , / ~~ w 7 ~ ~ . ' , ~ X ~ ww = H ~n 3 0 / I I ~ ~ v_J v ~ ~ ~ 1 F~r ~ w ~ . _ __ v~ f .__ .- ~ • ~ _~.~_ / ~ ~ , ~ - ~. T __ - ~ _.. .t~~ F~' ~o. v '' ^° > ~ / ~ 3Q ~ ~ ~. ~ ~ •./ ,~~ ~ O -- -- + - -% ~.~ ~ w~ ~.a~ ~ ~ - ~ ~~ ~ ~ ~ ~ U U ~ ~ ~ ~ m II Q i VW ~'~ -Z 9 Ust =_ ~ U'a _~ ~? _~ ~ ~: 'Z~ °< ~ i 'Z~ ~~ z xc ?w I Iw ?w ~~ ~~ ~ ~~ tzszz w~; aa aooMH~~ w° I y~ ~ O ~ ui J c U U S ~ 0 ~ ~ E-~ ~ ~4 I~1 W N W ~'~~ _ ` ~1 ~ ~ ~ ~ ~ ~ ~ ~ 0 N~~ X ~ ~ 1.a j~lL 9 ~ ~ NN m~ '~ d m ~ ~a~^•~ ~ ~/7 N.-.~ .L..L~ ~ pU~ ~° N~c~ O `~i a w 1~ V V ~ ~ F W ~ w 0 a ~ ~ ~ ~ W a~~~ ~ w~~~ O z ~ aW~ ~ ~ ~ F~ vl O ~ ~ ~ ~ ~ ~ W~ ~ zA w H ~ ' ~ w i+-i y Z W W Z Z ~ J Z Z -~ -J J 2' Q' ~ ~ w W ~- H ~ 3 3 3 3 3 V ~ X ~ a ti i > > a ~ a m w ~ a r a o ~ o r ~ I? a °o ~ m °o o°, ~ rn m a w m ~ 4j rn ~ ~ ~ W m ~ I 0 I V ~ W ~ ^ W !w- In ., U _ ~ (n V V - W ' ~ ~ t y : < - N m N Q W f ~ O ~ N f` O F- ~ `_ F- J 0 ~ Z a N ~ Z m Z ~ ~ , o a ~ ~ o Z a Q > W ~ Z a~° o 0 0 ~ o w c~ o O ~^ i ~ ~ = I.~ ~ ti Y = Q J ~ Q N°~ ~ J v J -~ ~ J C7 d ~ O ^ J.~ N N ~ ~O ~ ~ ~ ~ ~ ~ Z ~ N ExhiHi t 2 ~ o>~ o 0 0 0 0 0 0 0 0 0 00 F w UI C~ ~~ w V? w U) w U7 w Ul w tn w (A w (n w ~ w V1 w tn w F fn U (~ O Z ~ O O O O O O O O O O O W f 1 1 P Z a a~ a a a a ~ a a a a a a z z age o ~ oa= ~a.~ o ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ o ~o c, V a~ ~ a a a a a a d a a a ac~ ,~^ 0 o a ~ a ~ oa 0 ~ a o o~ ~ ~m ao ~ 4i ~ ¢ ¢ ~ U REIMBURSEMENT ESTIMATE WATER PftOJECT: SUNRISE BU.SINESS PARK, LOT 1, BLOCK 1 DATE: 1/11/2007 JOB NO. 9917C Itern Descriptiw~ Qwntity + 5% Unit Unit Price Total A. TER NIENTS 1 1~" C-900 P'VC Wate-iine 466 L.F. $41.00 $19,10B. 2 t~" x 12" x'17' T ' Tee (D.i.M.J.) 1 L.S. $q,100.00 $4.100. 3 1~-(nch 45 Dsgree Bend {D.I.M.J) 2 EA 5450.00 $gpp. 4 1~inch 11-1/4 ree Bend (D.I.M.J.) 1 EA a450.00 $q5p. 5 11•Inch T Valve V1!'~h VaN~ Box 1 EA $2,750.00 $2,750. 6 1:~Inch G*s Vahre With Valve Baoc 1 EA 51,850.00 $1,850. 7 t~ inch D.I.M.J. With 2-Inch B.O. Valve 1 EA a425.00 a425. 8 Fil~e H raa~llt A~embly w/ Bend 8 Ad~ter 2 EA ~3,500.00 $7,000. 9 , N Side Water Service C~nection 1 EA $1,000.00 $1.000. 10 VMl~ter SyaMm Testing & Approval by City Waber Department 1 L.S. $4,Spp.pp $4,Spp. SUB-TOTAL $42,081. ~ B. ELL~OUS 1 SWPPP 1 LS a1,000.00 $1,000. 2 T Cor~d Plan 1 LS $1,000.00 $1,000. 3 Buqds, Ins~ance 8 General Condkions (Induded in tatal bid) $0. SUB-TOTAL $2,000. ~ CONSTRIJCTION TOTAL ~4,081. ~ C. A~INiNS'1~ATNE 1 1 l5 $4,538- 2 Cal~stnrction Staldng 1 LS $1,000. A DMN~NST RATION TOTAL ~,ggg ~ SUB-TOTAL $49,619. 10% CONTIN(iENCY $4,961. TOTAL COST sS4,581.3 ' ' m Aiowabie Reimbursemant Less Wateriine Credit s6,720.37 T ' Cost - Wa~tine Credit , ,5a1.,~3 - s6,720.37 = ~47,860.95 a Reimbursemsnt Request Total: s47,860. Coym, Re~et apd Gutiernez Engineerinp, ~.P. ..,. .~ x .,,,. ,. o,,.~.. „~ Exhibit 3 Pana 1 nf 1 / - _ 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". FIRST NAME ~~~er Farahnakian _ __ STREET 6149 l.~mans Drive _,_ __ _ CITY: Corpus Christi, TX Z~p; 78414 FIRM ~S: ^1 Corporation ^2. Partnership /03. Sole Owner ^4. Association ^5. Other DISCLOSURE QUESTIONS !f additiona~ space is necessary, please use the reverse side of this page or attach separate sheet. 1. St~te the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership ~n the above named "firm"_ Name Job Title and City Department (if known) N/A 2 State the names of each 'official" of the City of Corpus Christi having an "ownership interesY' constituting 3% or more of the ownership in the above named "firm". Name Title NtA 3 S~te 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 N!A 4 S~te the names of each employee or o~cer of a"consultanY' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interesY' constituting 35 or more of the ~wnership in the above named "firm". N~me Consultant NJA _ CERTIFICATE I certify thet all irrFormation 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: Nasser Farahnakian (Type or Print) ~/~,.~_ ~" Signature of Certi#ying Person: _Lw `~ _~ Title: Owner Date: ~ ~~' ~3 -~~7 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, pa~tnership, corporation, joint stock company, joint venture, receivership, or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Officiaf° 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. ~ "ConsultanY'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. S I q Doc* 2007033256 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main 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 Nasser Farahnakian, 6149 Lemans Drive, 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 5.739 acres called Lot 1, Block 1, Sunrise Business Park located south of SH 44 access road and west of Clarkwood Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12 -inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12 -inch PVC grid main; WHEREAS, it is essential that the 12 -inch PVC grid main be constructed along SH 44 access road, -in connection with Sunrise Business Park for it will provide future service connections to the west; 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 grid main needed for Sunrise Business Park in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC grid main, as shown in Exhibit 2, with the following basic design: (1) Install 466 linear feet of 12 -inch PVC grid main. Exhibit F (2) Install 1 (one) 12" x12 "x12" Tapping Tee (D.I.M.J.). 1 of 6 Doc# 200f 0332 56 # pagges 14 OG/291C007 8:58AM Official Records of NUECES COUNTY DIAL #A T. DARRERA COUNTY CLERK Fees $67.00 SPATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official public Records of Nueces County, Texas Mo DIANA T. BARERRA NUECES COUNTY, TEXAS An provision herein which restricts the Sale, R ell or use of the described REAL PROPERTY because of Race, Color. Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3112/69. City of corpus Christi tleveiopment Services/ Special Services 2408 Leopard, Suite 100 Corpus Christi, TX 78408