HomeMy WebLinkAboutC2010-150 - 5/18/2010 - Approved[3oc* ~~! 1 []C~ 1 ~32~
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CIPf ticial Records o4'
RLI~~ES Gpl}FiTY
SANITARY SEWER CaLLECTIGN LINE EICTEI~~~iT~~UCTIGN AND
REIMBURSEMENT AGR~•c~
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 Carpus Christi
{"CITY"}, a Texas Hvme-Rule Municipality, P.O. Box 9277, Carpus Christi, Texas,
78489-9277, and N.M. Ed'ificios, LLC, {"DEVELOPER"}, 3900 North McColl Road,
McAllen, Texas, 785D1.
WHEREAS, DEVELOPER in compliance with the CITY Platting ^rdinance, has filed a
plat, approved by the Planning Commission 4n November 11, 2n09, tv develop a tract
of land of approximately 32.41 acres called L & F Subdivision Lot 1, located on State
Highway 44, west of Bockhvlt Road and east of Clarkwood Rvad, as shown in Exhibit
1, attached;
WHEREAS, under the Platting Ordinance, the ^EVELQPER is responsible for
construction of Sanitary Sewer Cvilec#ion Line Extension {"Collection Line Extension"};
WHEREAS, under the Platting Ordinance, the DEVELOPER is eligible for
reimbursement of the ^EVELOPER's costs far the construction of Collection Line
Extension;
WHEREAS, it is to the best interest of the CITY that Collection Line Extension, he
constructed to its ultimate capacity under the Master Plan;
WHEREAS, Resolu#ion No. 026889 authorized the acceptance of applications to be
eligible far reimbursement in the future when funds are fully available in, and are
appropriated by the City Council, from the Collection Line Trust Pund as per the Platting
Ordinance, Section V.8.6.f}{2)[ii}{4}[a}; and
WHEREAS, ^EVELOPER has submitted an application for reimbursement of the costs
of installing the Collection Line Extension, see Exhibit 2, attached;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
AGREEMENT, the parties dv covenant and agree as follows:
1. RE UIRED CONSTRUCTION
The DEVELOPER shall construct the Collection Line Extension, in compliance with the
CITY's Planing Ordinance and under the plans and specifications approved by the
^evelopment Services Engineer.
2410-15D
M2010-111
0511811D
N. M. Edificios, LLC
~N~~~
sanitary Sewer Coiiection Line Extension
Construction and Rein~ursesneniAgreemenl
Page 2 of S
2. PLANS AND 5PEC11=1CATIDNS
a. The ^EVELQPER shall contract with a professional engineer, acceptable to the
CITY's ^evelopment Services Engineer, to prepare plans and specifications far the
Collection Line Extension, as shown in Exhibit 3, attached, with the fallowing basic
design:
1. Install 1242 linear feet of 1~-inch PVC sanitary sewer collection line;
2. Install five 5-foot diameter fiberglass manholes;
3. Safety Trenching;
4. Rehab of one existing manhole with fiberglass liner;
5. One 10 inch waste water plug;
6. Approximately 1242 linear feet of dewatering;
7. ^ne 5 ft. fiberglass manhole -extra depth;
b. The Collection Line Extension must begin at the east property line of L&F
Subdivision Lat 1 and extend west approximately 1242 feet to an existing manhole
located on the west side of Clarkwood Road. From the existing manhole, the Collection
Line Extension extends east along the future easement approximately 1242 linear feet
and terminates at ttie east property line of L&F Subdivision, Lt7t 1.
c. The plans and specifications must comply with CITY Standard Wastewater Detail
Sheets and Standard Specifications.
d. Before the ^EVELDPER starts construction the plans and specification must be
approved by the CITY's Development Services Engineer.
3. SITE IMPROVEMENTS
Prier to the start of ronstructian of the Collection Line Extension, DEVELOPER shall
acquire and dedicate to the CITY the required additional utility easements
["Easements"), if necessary for the comple#ian of the Collection Line Extension. If any
of the property needed for the Easements is owned by a third party and ^EVELDPER is
unable to acquire the Easements through reasonable efforts, then the CITY will use its
powers of eminent domain to acquire the 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 Platking Drdiriance for the area of the Collection Line
Extension.
5. DEVELOPER AWAR^ CQNTRACT FDR 1MPRQVEMENTS
Sanitary Sewer Collection Line ~xtensivn
Construction and Reimbursement Agreement
Rage3af8
^EVELOPER shall award a contract and complete the CaAection Line Extension, under
the approved plans and specifications, by June 30, 2019.
6. TIME 15 OF THE ESSENCE.
Time is of the essence in the performance of this contract.
7. PROMPT AN^ GOOD FAITH ACTIONS
The parties shat! act promptly and in good faith in performing their duties or obligations
under this AGREEMENT. If this AGREEMENT calls for review or inspections by the
CITY, then the CITY's reviews or inspections must be completed thoroughly and
promptly.
8. ^EFAULT
The following events shall constitute default:
a. DEVELOPER fails to engage a professional engineer for the preparation of plans and
specifications by the 10th calendar day after the date of approval by City Council.
b. DEVELOPER's professional engineer fails to submit the plans and specifications to
the CITY's Director of Engineering Services by the 60th calendar day after the date of
approval by City Council.
c. DEVELOPER fails to award a contract for the cons#ruction of the project, according to
the approved plans and specifications, by the 9Dth calendar day after the date of
approval by City Council.
d. ^EVELOPER's contractor dues not reasonably pursue construction of the project
under the approved plans and specifications.
e. ^EVELOPER's contractor fails to complete cvnstruc#ion of the project, under the
approved plans and specifications, on ar before June 30, 2011.
f. Either the CITY or DEVELOPER otherwise fails to comply with its duties and
obligations under this AGREEMENT.
9. NOTICE AN^ CURE
a. In the event of a default by either party under this AGREEMENT, the non-defaulting
party shall deliver notice of the default, in writing, to the defaulting party stating, in detail,
the nature of the default and the requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business days from the
delivery of the default notice ("Cure Period"} to cure the default.
Sanitary Sewer Collection Line Extension
Construction anti Reimbursement Agreement
Page 4 of 8
c. In the event the default is not cured by the defaulting party within the Cure Period,
then the non-defaulting party may pursue its remedies in this section.
d. Should ^EVELGPER fail to perform any obligation yr duty of this AGREEMENT, the
CITY shall give na#ice to ^EVELGPER, at the address stated herein, of the need to
perform the obligation or duty, and should DEVELGPER fail to perform the required
obligation or duty within 'l5 days of receipt of the notice, the CITY may perform the
obligation or duty, charging the cost of such performance to DEVELGPER by reducing
the reimbursemen# amount due DEVELOPER.
e. in the event of an uncured default by the DEVELGPER, after the appropriate notice
and cure period, the CITY has all its common law remedies and the CITY may:
1. Terminate this AGREEMENT after the required notice and opportunity to cure
the default.
2. Refuse to record a related plat or issue any certificate of occupancy far any
structure #o be served by the project.
3. Perform any obligation or duty of the DEVELGPER under this AGREEMENT
and charge the cast of such performance to DEVELGPER. DEVELGPER shall
pay to CITY the reasonable and necessary cost of the performance within 3~
days from the date DEVELGPER receives notice of the cost of performance. In
the event that ^EVELGPER pays the CITY under the preceding sentence, and is
not otherwise in default under this AGREEMENT, then the AGREEMENT shall
be considered in effect and no longer in default.
f. In the event of an uncured default by the CITY after the appropriate notice and cure
period, the DEVELOPER has all its remedies at law ar equity for such defauit.
1 ~. FGRCE MAJEtJRE
a. The term "force majeure" as employed in this AGREEMENT means and refers to acts
of God; strikes, lockouts, ar other industrial disturbances; acts of public enemies;
insurrections; riots; epidemic; landslides; lightning; earthquakes; Tres; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; ar other
causes not reasonably within the control of the party claiming the inability.
b. If, by reason of farce majeure, either party is rendered wholly or partially unable to
carry ou# its obligations under this AGREEMENT, then the party shall give written notice
of the full particulars of the force majeure tv the other party within ten (1 ~~ business
days after the occurrence or waive the right to claim it as a justifiable reason far delay.
The obligations of the party giving the required notice, to the extent effected by the force
majeure, are suspended during the continuance of the inability claimed, but far nv
longer period and the party shall endeavor to remove ar overcome such inability with all
reasonable dispatch.
Sanitary Sewer Collection Line Extension
ConsVuctian and Reimlwrsement Agreement
page 5 of 8
11. NOTICES
a. Any notice or other communication required or permitted tv be given under this
AGREEMENT must be given to the other Party in writing at the following address:
1. If to the DEVELOPER:
N.M. Edificios, LLC
3900 Nor#h McColl Road
McAllen, Texas, 78501
2. if to the CITY:
CITY of Cvrt7u5 Chr95ti
1201 Leopard Street X78401 }
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: Assistant City Manager
Development Services
b. Notice required by this paragraph may be by United States Postal Service, First
Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial
delivery service that provides proof of delivery, delivery prepaid; or by personal delivery.
c. Either party may change address far notices by giving notice of the change under the
provisions of this section.
12. THIRD-PARTY BENEFICIARY
DEVELOPER'S contracts with the prvfessianal 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 must provide that the CITY is a
third party beneficiary of each contract.
13. PERI=ORMANCE AND PAYMENT BANDS
^EVELOPER shall require its contractor for the construction of the project, before
beginning the work, to execute with 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,Oa0. The performance and payment bend must comply with Texas Government
Cade, Chapter 2253.
14. WARRANTY
DEVELOPER shall fully warranty the workmanship of and function of the Sanitary
Sewer Collection Line and the construction of the Sanitary Sewer Collection Line for a
period of one year from and after the date of acceptance of the facilities by the CITY
Engineer.
Sanitary Sewer Collection Line Extension
Canstructlon and Reimbursement Agreement
Page 6 of 8
15. RElMBL1RSEMENT
a. Subject to the appropriation of funds, the CITY will reimburse the ^EVELDPER 1Q0a1a
of the reasonable cost of the Collection Line Extension, not to exceed $191,5D7.92.
See attached cost estimate ~Exbibit 4}.
b. The CITY agrees to reimburse the DEVELDPER on a monthly basis upon invoicing
far work performed, The reimbursement will be made no later than 3t]-days from the
date of the invoice. ^EVELDPER shall submit a!I required performance bonds and
proof of required insurance under the provisions of this AGREEMENT.
c. To be eligible for reimbursement, the work mus# be completed in a goad and
workmanlike manner, and must have been inspected and accepted by the CITY. The
CITY agrees to conduct periodic inspections and approve the progress of the work at
key paints during construction.
d. In the event that this AGREEMENT is terminated by the CITY, as a result of an
uncured default by the DEVELDPER, at a time when there has been a partial
completion and partial payment for the improvements, then the CITY shall only
reimburse DEVELDPER for its costs that were Legitimately incurred towards the
completion of the improvements that have been inspected and accepted by the CITY up
to the time that there is an uncured default by the DEVELDPER.
1B. INDEMNIFICATION
DEVELDPER shall indemnify and held harmless the CITY, its agents, officers, and
employees t"Indemnitees"} from all suits, actions, or claims and from all liability for any
and al! injuries or damages sustained by any person, including without limitation
workers compensation, persona! injury or death, arising from or incident to the
construction of the Sanitary Sewer Collection Line Ex#ension by DEVELDPER.
17. COVENANT RkJNNING WITH THE LAND
This AGREEMENT is a covenant running with the land, L & F Subdivision Lot 1 , a
subdivision in Nueces County, Texas, and mus# be recorded in the Official Public
Records of Nueces County, Texas. The duties, rights, and obligations of the
AGREEMENT are binding on and inure to the benefit of the DEVELDPER's successors
or assigns.
18. ASSIGNMENT DF AGREMENT
This AGREEMENT yr any rights under this AGREEMENT may not be assigned by
DEVELDPER tv another without the written approval and consent of the CITY's City
Manager.
Sanitary Sewer Collection Line Extension
Consdudivn and Reimbursement Agreement
Page T of 8
19. DISCLGSURE GF ^WNERSHIP INTERESTS
DEVELOPER further agrees, in compliance with the CITY Ordinance No. 171 ~ ~, to
complete, as part of this AGREEMENT, the ^isckosure of Qwnership interests farm
attached hereto as Exhibit 5.
20. EFFECTIVE DATE
This AGREEMENT becomes effective and is hind'ing upon and inures to the benefit of
the GITY and ^EVELGPER, and their respective heirs, successors, and assigns from
and after the date of execution by all parties.
~1. AUTHORITY
The person signing this AGREEMENT on behalf of the porkies represents, warrants,
and guarantees that they have authority tv act on behalf of the party and make this
AGREEMENT binding and enforceable by their signature.
EXECUTED iN TRIPLICATE originals, this j Z-Z--day of I~ ~ ~ , ~~14~
N.M. Edificios, LLC ("DEVELOPER"y
39~~ North McColl Rvad
McAllen, Texas, 7$501 P
By: -~
Anthony LaMantia
DEVELOPER
THE STATE ~F TEXAS §
COUNTY oi= NUECES §
This instrument was acknowledged before me on ~ " ~ ~ ~ , 2U1t1, by
Anthony LaMantia, ^EVELDPER, N.M. Edificios, LLC, ^n behalf of the corporation.
r
Note uhlic, State of Texas
~~~' ~u~ ~ ~~o
'~ r~ar CaMMlS3iDN exQlREs
J~1y ~3, 2013
5anttary 58wer Collection Line Extension
Construction and Reimbarsernent,~greement
page 8 of S
CITY of Carpus Christi ~"CITY")
1201 Leopard Street [78401 }
P. d. Box 9277
Carpus Christi, Texas 784F9
Telephone93B1} 880-3500
Facsimile: [3B1 } 8$0-3501
ATTEST:
gy:
Armando Chapa
CITY Secretary
By: ~ G~'~~i`/
Angel R. Escobar
CITY Manager
THE STATE DF TEXAS §
CDUNTY DF NUECES §
This instrument was acknowledged before me an ~ ~ ~ 2010, by
'Anget R. Escobar, CITY Manager, CITY of Corpus Christi, exas, a Texas home-rule
municipal corporation on behalf of the corporation. GL~NQA L, GRA5z
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Nq'iary Public
~ ~~:~ ~ STATE OF TEXAS
~, ~~~~. M]' Comm. Exp. 05•fl7-281
.~~~.
vtary Public, State of Te s
APPRDVEI7 A5 TD FORM: !-day of , 2x09
bora W Ither B wn
Assistant CITY A y
Far the CITY Attorney
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APPL1rCATIDN FDR SEWERLINE REIMBURSEMENT
1, Anthon LaMantia developer of proposed L & F Subdivision Lot I Subdivision, hereby
request reimbursement of $141.G47.92 for the installation of the sanitary sewer main in conjunction
with L 8c F Subdivision Lot l Subdivision, as provided far by City Ordinance No. .Said
$191,5fl7.42 is the construction cost, including engineering cost, in excess of the lotlacreage fee, as
shown by the cost supportin ith.
i'~t'`~~ lz 2 ~ I~
An ht no y LaMantia, l7e-+elaper {Date)
N.M. Edificias, LLC
THE STATE CF TEXAS }{
CQUNTY QF Ni..IECES )(
This instrument was acknowledged before me on ~ -~a - 20C~ , by
a
N N
i Liabi i Co oration on behalf of the said corporation.
~' ~fY COAIMISSIOPI FJiPIRES
Jl~y 23, 24t 3
Notary ublic in and for the State of Texas
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and
determined to be correct. Reimbursement is subject to:
{a) sufficiency of funds in the Collection Line Trust Fund, and
{b} appropriation and approval by the Ci Council.
Development ervices Engineer (Date}
Exhibit 2
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$xhibit 4
f~:WDA At[NteWlo6of a2.~o New 8tpidrig Site knprnvamerMslCnel Es5rna1eal'19 w1 S fm Pfayosed Es8ma1@S
i1a3 W' CsiMEM(~REiEASEU FOk tl~OAlAAi1014hL WiV~P4ES W~IOER7HE RillIpRITY AF Z11N1
A RYFIITEL P.E M/D17, LlH. fEPE FRM NI7 FJ3E ON Fl~i4.1Q 1[ FS 1i0S Tt] BE 1s8Ep FOH
CpN9fAliC*IDli, 9QOU14 PR PERMi PVflP(+3E5
CITY CF CQRPiJS CHRISTI
g1SCLOStJRE Ot= INTERESTS
City of Carpus Christi Ordinance 1T112, as amended, requires all persons ^r 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." See reverse &ide far definitions.
FIRM NAME: N . ~d #:c- S ~-~
STREET: a o +~-- fw c co ~ ~ Rd . CITY: -~ c F1i 1 e ~n ZIP: ~8S a ~
FIRM t5: 1. Corporation ( } 2. Partnership [ } 3. Sole Dwner ~ }
4- Association ( ) 5. Qther (~ }
I]iSCLOSl7RE ~Lli~STIONS
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°I° or
more of the ownership in the above named "firnn."
Name Job Title and City Qepartment of knawny
2- State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°Ia or
more of the ownership in the above named "firm."
Name 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 t3oard, 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 mare of the ownership
in the above named "firm."
Consultant
CERTiFICATl=
I certify that ail information provided is true and correct as of the date of this statement, that I have
not knowingly withhetd disclosure at' any information requested; and that supplemental statements will tae
promptly submitted to thlIe~~ City of Corpus Christi, Texas as changes occur.
Certifying Person: fi-~n}bon L,at'•ta~i•~a T[#le: Mw^0.S° r~ -_--
CrYPe of Print) ~
Signature of Certifying Person: date:
EXHIBIT
~EFINITIaNS
a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of
Carpus Christi, Texas.
b. "Employee" Any person ernplayed 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 safe 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, l7epartment and Division Meads, 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 holdings ar
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.
EXH161T
APPLICATION FUR WASTEWATER LINE CREDIT
I, Anthony LaMantia ,developer of proposed L & F Distributors Subdivision Lot 1
Subdivision, hereby apply for $ 47,9D1.98 credit towards the wastewater acreage fee for the
installation of the collection wastewater line as provided for by City Ordinance No.
$3D9,3D1.00 is the construction cast, including 8% Engineering, as shown by the cost supporting
documents attached herewith.
An ony LaMantia, Developer (Date}
THE STATE DF TEXAS §
COUNTY DF NUECES §
This instrument was acknowledged before me on 5 ~ 1 ~
by Anthony LaMantia.
µ• %_ ~/V~~~G~~~~an1~611I1~Lyf }N~
i ~ COtifhlISSIDN GAf ~~~
,~y xs, ~ma
CERTIFICATION
Notary P blic in and for the State of Texas
2D I D,
The information submitted with this application has been reviewed and determined to be
correct and a credit of $ ~7 4 . is herewith a proved.
,~ ~ ~s ~~
Juan Perales, ., P.E. (Date}
Development Services Engineer