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DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Distribution Main Extension Construction and Reimbursement Agreement ( "Agreement ") is
entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O.
Box 9277, Corpus Christi, Texas, 78469 -9277, and Next Chapter Corpus Christi, LLC, 516 N.
Ogden Avenue, Unit 124, Chicago, IL, 60642 ( "Developer"),
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat,
approved by the Planning Commission on February 16, 2011, to develop a tract of land of
approximately 7.224 acres called Joslin Tracts, Block 2, Lot 8A, located east of Ennis Joslin
Road (Spur 3) and north of South Padre Island Drive (SH 358), as shown in the attached
Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of
Distribution Main Extension;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the
Developer's costs for the construction of Distribution Main Extension;
WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed
to its ultimate, capacity under the Master Plan;
WHEREAS, Section V.13.51)(2) of the Platting Ordinance, authorizes the acceptance of
applications to be eligible for reimbursement in the future when funds become fully available in
the Distributions Mains Trust Fund and are appropriated by City Council; and
WHEREAS, Developer has submitted an application for reimbursement of the costs of installing
the Distribution Main Extension (Exhibit 2);
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 Distribution Main
Extension, 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 Distribution
Main Extension, as shown in Exhibit 3, with the following basic design:
1. Install 525 linear feet of 8 -inch PVC water distribution main line.
2. Install one (1) 8 -inch gate valve with box.
2011 -093
M2011 -068
03/22/11
Next Chapter Corpus Christi
INDEXED
, ,, ,
Distribution Main Extension Construction
and Reimbursement Agreement Sefween
Next Chapter Corpus Christi LLC and City of Corpus Christi
3. Install one (1) fire hydrant assembly.
b. The Distribution Main Extension must begin at the northeast corner of Lot 8A and
Ennis Joslin Road and extend south along the west side of Ennis Joslin Road
approximately 525 feet to the existing 12 -inch waterline at the northwest corner of Ennis
Joslin Road and South Padre Island Drive (SH 358).
G. The plans and specifications must comply with City Water Distribution Standards
Detail Sheets and Standard Specifications.
d. Before the Developer starts construction the plans and specification must be
approved by the City's Development Services Engineer.
3. SITE IMPROVEMENTS Prior to the start of construction of the Distribution Main Extension,
Developer shall acquire and dedicate to the City the required additional utility easements
( "Easements "), if necessary for the completion of the Distribution Main Extension. If any of the
property needed for the Easements is owned by a third party and Developer 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 Platting Ordinance for the area of the Distribution Main
Extension.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a
contract and complete the Distribution Main Extension, under the approved plans and
specifications, by August 31, 2011.
6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract.
7. PROMPT AND GOOD FAITH ACTIONS The parties shall 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. DEFAULT 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 construction of the project, according to the
approved plans and specifications, by the 90th calendar day after the date of approval
by City Council.
d. Developer's contractor does not reasonably pursue construction of the project under
the approved plans and specifications.
Page 2 of 7
I, ,
Distribution Main Extension Construction
and Reimbursement Agreement Between
!Next Chapter Corpus Christi LLC and City of Corpus Christi
e. Developer's contractor fails to complete construction of the project, under the
approved plans and specifications, on or before September 30, 2011.
f. Either the City or Developer otherwise fails to comply with its duties and obligations
under this Agreement.
9. NOTICE AND 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.
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 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 the
obligation 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,
charging the cost of such performance to Developer by reducing the reimbursement
amount due Developer.
e. In the event of an uncured default by the Developer, 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 for any
structure to be served by the project.
3. Perform any obligation or duty of the Developer udder this agreement and
charge the cost of such performance to Developer. Developer shall pay to City
the reasonable and necessary cost of the performance within 30 days from the
date Developer receives notice of the cost of performance. In the event that
Developer 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 or equity for such default.
10. FORCE MAJEURE
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes;
Page 3 of 7
Distribution Main Extension Construction
and Reimbursement Agreement Between
Next Chapter Corpus Christi LLC and City of Corpus Christi
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party shall give written notice of
the full particulars of the force majeure to the other party within ten (10) business days
after the occurrence or waive the right to claim it as a justifiable reason for delay. The
obligations of the party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed, but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
11. NOTICES
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other Party in writing at the following address:
1. If to the Developer:
Next Chapter Corpus Christi, LLC
516 N. Ogden Avenue, Unit 124
Chicago, IL 60642
ATTN: Patrick Quinn
2. If to the City:
City of Corpus Christi
1201 Leopard Street (78401)
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: Assistant City Manager
Development Services
b. Notice required by the 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 for notices by giving notice of the change under the
provisions of this section.
12. 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 must provide that the
City is a third party beneficiary of each contract.
13. PERFORMANCE AND PAYMENT BONDS Developer 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 $25,000. The performance and payment bond must comply with Texas
Government Code, Chapter 2253.
Page 4of7
Distribution Main Extension Construction
and Reimbursement Agreement Between
Next Chapter Corpus Christi LLC and City of Corpus Christi
14. WARRANTY Developer shall fully warranty the workmanship of and function of the
Distribution Main Extension and the construction of the Distribution Main Extension for a period
of one year from and after the date of acceptance of the facilities by the City Engineer.
15. REIMBURSEMENT
a. Subject to the appropriation of funds, the City will reimburse the Developer the
reasonable cost of the Distribution Main Extension, not to exceed $10,036.06. See
attached cost estimate (Exhibit 4).
b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for
work performed. The reimbursement will be made no later than 30 -days from the date of
the invoice. Developer shall submit all required performance bonds and proof of
required insurance under the provisions of this Agreement.
c. To be eligible for reimbursement, the work must be completed in a good 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
points during construction.
d. In the event that this Agreement is terminated by the City, as a result of an uncured
default by the Developer, at a time when there has been a partial completion and partial
payment for the improvements, then the City shall only reimburse Developer 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 Developer.
16. INDEMNIFICATION DEVELOPER SHALL INDEMNIFY FULLY, SAVE, AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS
( "INDEMNITEES ") FROM, AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS,
LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED
FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL INJURIES SUSTAINED BY ANY
PERSON, INCLUDING WITHOUT LIMITATION WORKERS COMPENSATION, PERSONAL
INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY
WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART,
THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION.
17. COVENANT RUNNIG WITH THE LAND This Agreement is a covenant running with the
land, Joslin Tracts, Block 2, Lot 8A, a subdivision in Nueces County, Texas, and must 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 Developer's
successors or assigns.
18. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may
not be assigned by Developer to another without the written approval and consent of the City's
City Manager.
19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance
with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of
Ownership interests form attached hereto as Exhibit 5.
Page 5 of 7
r 1
Distribution Main F_xtension Construction
and Reimbursement Agreement Between
Next Chapter Corpus Christi LLC and City of Corpus Christi
20. EFFECTIVE DATE This agreement becomes effective and is binding upon and inures to
the benefit of the City and Developer, and their respective heirs, successors, and assigns from
and after the date of execution by all parties.
21. AUTHORITY The person signing this Agreement on behalf of the parties represents,
warrants, and guarantees that they have authority to act on behalf of the party and make this
Agreement binding and enforceable by their signature.
EXECUTED IN TRIPLICATE originals, this � day of 0%rC- , 2011.
THE STATE OF TEXAS
COUNTY OF L ea 'n/1
This instrument was acknowledged before me on � lace,, , 2011, by Patrick
Quinn, Project Manager, Next Chapter Corpus Christi LLC, Owner /Developer, Joslin Tracts,
Block 2, Lot 8A
XAVIER G&VM
MY COMMISSION EXPIRES
ary ublic Stat of Texas F*MM2,2018
Page 6 of 7
Next Chapter Corpus Christi, LLC
(Owner/ Developer)
516 N. Ogden Avenue, Unit 124
Chicago, IL 60642
Distribution Main Extension Construction
and Reimbursement Agreement Between
Next Chapter Corpus Christi LLC and City of Corpus Christi
CITY OF CORPUS CHRISTI ( "City ")
1201 leopard Street (78401)
P.O. Box 9277
Corpus Christi, Texas 78469
ATTEST:
z --
Armando Chapa
City Secretary
THE STATE OF TEXAS
COUNTY OF NUECES
THE CITY OF CORPUS CHRISTI
By. A AM� � e • RftV
Margie C. Rose
Interim City Manager
This instrument was acknowledged before me on VUdt 2011, by Margie
Rose, Interim City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal
corporation, on behalf of the corporation.
S &hoA l je Notary Public
Notary Public, State of T S = s ; STATE OF TE7sAS
° -a °` My Comm. Exp, 05 -07 2012
APPROVED AS TO FORM: � day of c.�— , 2011
J:eorah W. Br
Assistant City Aftorney
for the City Attorney
Page 7 of 7
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Not-
1.) Total phtted orao contains 7.225 aces oe land
2.) Set 5/8 Inch her rods with red plastic cop etamped "9RBAN ENGR C.C. TX"
at dl Lot comas, ....Pt where noted.
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Boy. The T[3J0 hog .[ —Toed the aquvtic life ... fr the 0- goy ae
"...ptl.rd' and 'oyster waters ". The TM oleo cWeq rI=d the re TA g
wake' ae calltaCt recr..ITarl Vas
4,) Oearings booed on the recorded plot of Late 6 -13, Muck 2. Joeiin Tracts, a
map of which Is recorded in VcA=e 67, Page 285, Map Records of Nu—
Cmmty. To.co.
5.] 8 graphic platting only, this property le located In Z.—'6" and "C" of the
Flood Irwronce Raw Map, Community panel Number 485484 0304 C. CRY of
Z Carpus Christ% Teas, whkh bears an eflectlw data of July 16, 1965 and h
in o Special Flwad Hoard Area.
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EXHIBIT 1
Page 2 of 2
APPLICATION FOR WATERLINE REIMBURSEMENT
I, Patrick Quinn, Project Manager, Next Chapter Corpus Christi LLC, 516 N. Ogden Ave.
unit 124, Chicago, IL 60642 owner and developer of Joslin Tracts, Block 2, Lot 8A Subdivision,
hereby request reimbursement of $10,036.06 for the installation of the water distribution main in
conjunction with Joslin Tracts Subdivision, as provided for by City Ordinance No. 17092. Said
$10,036.06 is 50% of the construction cost, including Engineering as shown by the cost supporting
documents attached herewith.
s Z/
a is Quinn Date
Project Manager
Next Chapter Corpus Christi LLC
516 N. Ogden Ave. unit 124
Chicago, IL 60642
THE STATE OF TEXAS )(
COUNTY OF NUECES )(
This instrument was acknowledged before me on CowM �� , 20JL, by
Patrick Quinn as Project Manager, Next Chapter Corpus Christi LLC, a Texas Corporation, on
behalf of the said corporation.
XWER GALVAN
* � MY COMMISSION EXPIRES �-
... Fabm"2,201S N lic in d f Nueces • Count 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 (Distribution Main) (Grid and Arterial Main) Trust Fund,
and
(b) appropriation and approval by the Ci Council.
Develo ment Services Engineer (Date)
Exhibit C
EXHIBIT 2
Inlet
FL r 7 r r
° .e .
FIRE HYDRANT
ASSEMBLY AND �•;
� 8" GATE VALVE 0.
i Re 7 Flo
;. ; �' -
r� i::�i (.l`.:; r j;i�.�t =C:[ -� (:;.)Irl'1'I'.;f, . J't ; ���.�� �,�
i�.� '!il'.i'.i .. ,;�'', i �fl =',�: #i'Y.IE i I � i � .� 115
1 INSTALL 12 "x8" ,�• ►� -^i
REDUCER AND
/ i ►
! / +
TIE TO EXISTING
## 12" WATER LINE.
n4 .___—_.—
_...._- S.P.�.D. Frontage Road U R B A
EXHIBIT " A ENGINEERING
CORPUS CHRIgn. TEXAS
OFF —SITE WATER LINE rm M. „& 2m � C 7s am
PHOM (m) U"10 ,
JOSLIN TRACTS JOB NO. 42223.131.0D MFH /crr
BLOCK, LOT 8A January 2¢, 2 011 a so
yhght 2011 Urban Engineering + SCALE
EXHIBIT 3
1 Eng: Murf Hudson, P.E. Reimbursement Cost Estimate
Jan. 25, 2011
By: C.R.R. for
Job No.
42223,131.00
OFF -SITE WATER LINE IMPROVEMENTS
Joslin Tracts, Block 2, Lot 8A
BXHBIT "B"-
I
ITEM DESCRIPTION QUAN.
UNIT
UNIT
TOTAL
PRICE
COST
A. WATER LINE IMPROVEMENTS:
1 8" PVC C-900 525
LF
$22.00
$11,550.00
_ 2 8" Gate Valve and Box 1
EA
$800.00
$800.00
3 8 "x12" Reducer 1
EA
$900.00
$900.00
1 , 4 Fire Hydrant Assembly Complete in Place 1
EA
$2,650.00
$2,650.00
5 Tie to Existing 12" Water Line 1
EA
$1,000.00
$1,000.00
I
PART A SUB- TOTAL:
$16,900.00
B. MISCELLANEOUS IMPROVEMENTS;
1 General Conditions, Bonds and Insurance 1 LS $1,183.00 $1,183.00
PART B SUB - TOTAL: $4,183.00
CONSTRUCTION TOTAL: $18,083.00
ENGINEERING AND ADMINISTRATION:
1 Engineering at 8% of construction: $1,446.64
2 Construction Staking at 3% of construction $542.49
TOTAL ADMINISTRATION COST: $1,989.13
TOTAL ESTIMATED Joslin Tracts, Block 2, Lot 8A OFF -SITE WATER LINE COST: $20,072.13
Developer portion equal to 50%: $10,036.06
ACREAGE FEE (previously paid): 7.224 ac. x $1,400.001ac. = $10,118.60
Urban Engineering
2725 Swantner
Carpus Christi, TX 78404
1- 361- 854 -3101 1 of 1
EXHIBIT 4
SUPPLIER NUNIBER
TO BE ASSIGNED BY C,ITV
PURCHASING DIVISION
�r
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
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 ". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Next Chapter Corpus Christi, LLC
P. O. SOX:
STREET ADDRESS: 516 N. Ogden Avenue, Unit 124
CITY: Chicago, Illinois ZIP: 60642
F IRM IS:
1. Corporation ® E] 2. Partnership e 3. Sole Owner
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessar7, 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
Job Title and City Department (if known)
N/A
N/A
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
N/A
N/A
1
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 "rum,"
Name
Board, Commission or Committee
N/A
N/A
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
N/A
N/A
EXHIBIT 5
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
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 Persons Patrick Quinn Title: PCl
(Type or Print)
Signature of Certifying Date: "7 1 r 1
Person: l f
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. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "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.
d. "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 forth of 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.
e. "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.
f. "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 or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "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.
EXHIBIT 5
Page 2 of 2
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Official Records of
NUECES COUNTY
DIANA T. 8ARHERA
COUNTY CLERK
Fees $71.00
Anm provision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Re1iyion, Sex, Handicap, Fomiliul Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the dote and at the
time stomned herein by me, and was duly RECORDED
in the Official Public Records of
Nuecey Counta, Texas
Diono T. 8oprero
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