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Home My WebLink AboutC2013-212 - 7/16/2013 - Approved141WU Kel 0M 0 ZI I hal I • k, U ki I b -ftel V =1 4 !1 114M STATE OF TEXAS ,1019111 -a effel a', 111 *93 gjw, This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City • Corpus Christi ("City"), a Texas home-rule municipality, and Thomas Davis ("Developer/Ownee'). •r- 0 1 1 - - r• 1 1 - a a 0 4=1 ityk1r, 7171117171 ow.4 M 1171 Mam r # - 11 a 1wZ1161:4111 to =M M-EikZ111,11411 1111AEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of aR 2pplication to be eligible for reimbursement in the future when funds become fuffy imailable in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the D- _••- has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in the attached Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 7/16/13 Ord.029898 Page 1 of 15 Thomas Davis INDEXED U NINIMMIRT.11,41 a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreem- # , basic design: Install up to 383 but not less than 365 linear feet of 8-inch PVC F I via] 101.4111RIME c. The plans and specification must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC for the area of the Wastewater Extension. .00 I ij� ij� 11 11�1 p I ;�I i�!IIIII FROW, Mitol Wm tollr&l In Urt I I 1115 Of 1-710111 rim MUM Im 0 1-1y4-1-11 �-N-&Pjw� I i N� ■ TIME IS • THE ESSENCE. Time is • 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. a. Developer/Owner fails to engage a professional engineer for the •; r. ■ of plans and specifications by the 10th calendar day after the date of approval this Agreement • City Council. I 4 11 e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, • or before November 30, 2013. f. Either the City or Developer/Owner otherwise fails to comply with its duties and obligations under this Agreement. a. In the event of a default by either party under this Agreement, the non- •efaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MOM a_•" int M e. In the event of an uncured default by the Developer/Owner, after thz 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 Rny structure • be served ■ the project; and/or f. In the event of an uncured default by the City after the appropriate notice aM Cure Period, the Developer/Owner has all its remedies at law or equity for such default. a. Any notice or other communication required or permitted to be given und this Agreement must be given to the other party in writing at the followin 1 address: 1 a ME-O=- Thomas Davis P. 0. Box 248 Corpus Christi, Texas 7841 UNNEEMEM City of Corpus Christi Aftn: Director, Development Services Department 2406 Leopard Street / 78408 Box 9277 Corpus Christi, Texas 78469-9277 EXEM � City • Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street / 78401 P. 0 s . 9277 Corpus Christi, Texas 78469-9277 I ML 11 lorp-mv a"*. 12. THIRD-PARTY BENEFICIARY. Developer/Owners contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before . ileginning the work that is subject of this Agreement, execute a performance bond and a F vayment bond. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. I E, =TATO N :T-Al ill I VA111111111111 V N * W. - WN. I AMMON Pei 0 all I I;qzl 91 10911 YFIFJ U I t7-101 ( I IRA i I I "I, ;! -1 i 1 11 0 '1 1;471:1 N] #I WA 110-14 a .] 41 a] telyt-Mr-1 1141KOK01 lt,1;4 I limit] Eq I [zlon I 4- 1111:1:4*3 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit • the City and Developer/Owner and their respective heirs, successors, and assigns from and after the date of execution by all parties. EXECUTED IN TRIPLICATE originals this day of JUL., '2013 1-1 r-1V2-t*" I Armando Cha•a City Secretary WK . .�� A�!q—day of 4, 2013 M �� 0 STATE OF TEXAS • MY COMMISSION EXPIRE&-l', 1. 2► ■■ aasaaasaaasaass• sesssas• rrrrrrrrrrrrarra•••• rssa •rrrrrrrrrrerrarrsaaararraas� • • I i 2 all 2 Thomas Davis, P.O. Box 248, Corpus Christi, Texas 78403, developer of Saxet Industrial, Lot 2, Block 1, hereby requests reimbursement of $11,782.50 for the installation of the waste water collection line in conjunction with said lot as provided for by City Ordinance No. 17092. $45,121.25 is the construction cost� including 10% Engineering and Surveying, az, shown by State of Texas County of Nueves This instrument was acknowledged before me on I"A,,,A 2013, by bq V7 J, Zz 11"PIA110 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 City Council, and (c) Thomas S. Davis acquiring title to Saxet Industrial, Lot 2, Block I D6elopment Services Engineer (D�te) State of Texas County of Naces This instrument was acknowledged before me on 2013, by inies Ras cb" in an W115 -a Peo Ole k, correct and a credit of $3,927.50 is herewith approved. Dtveto 'pment Services Engineer A 0 : C= 09 9 4 07A I I rm, [�Mlm EMS man EXHIBIT 3 Page 12 of 15 # t Mall Eng Murf Hudson, P.E. Offsfte Sanitary Sewer Extension Sept. 19, 2012 By: M,,F,H, for Job No- 23241.132,00 LOT 2, BLOCK I SAXET INDUSTRIAL SUBDIVISION Urban Engineering 2725 Swaritner Corpus Christi, TX 78404 14361-854-3101 1 Of 1 DESCRIPTION OSHA rench Protection 11111115M =� .... ....... . . ..... ....... ... TOTAL ESTIMATED IMPROVEMENTS CC ........................... -- Maximum Allowable Reimbursemefrf- — ------- . ..... Urban Engineering 2725 Swaritner Corpus Christi, TX 78404 14361-854-3101 1 Of 1 SUPPLIER NUMBER TO BE ASSIGNED BY-CrT, C4 of CrrY OF CORPUS CHRISTI C - prpus DISCLOSURE OF INTERESFU Christi O1 F" NAME: Thomas Davis STREETADDRESS: CITY: Corpus Christ! ZIP: 78403 FIRM IS., 1. Corporation 2, Partnership 3. Sole Owner 4, Association 5. Other B If additional space is necessar DISCLOSURE QUESTIONS ,y, please use the reverse side of this page or attach separate shect. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership intercW' constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A NIA 2. State the names ► each "official" ► the City ► Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firnL" Name Title N/A N/A 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 N/A N/A — - - - - ----- ------- --- 4. State flie names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject ► this contract and has an "ownership interesf' constituting 30/6' or more of the ownership in flie above named 'Tirm,," Name Consultant N/A N/A *1V14 19 11 :1 k ........... . . . . . . . . . Page 15 of 15 AGMT TDAVIS SAXET INDUS VFINAL WKG 20130531 (2) DOC /Z +0 Leo (?C.LV14