HomeMy WebLinkAboutC2013-241 - 7/16/2013 - Approved SANITARY f ON LINE EXTENSI
AND REIMBURSEMENT AGREEMENT
TEXAS STATE OF
COUNTY OF NUECES §
This sanitary sewer collection line extension construction and reimbursement
agreement ("Agreement") is entered into between the City of or us Christi ("City"),
Texas home-rule municipality, and 5961 HWY 44, L ("Developer/Owner'), a Texas
e ry, li i liability company.
� v
, the Developer/Owner, in compliance wit the i 's Unified
Development Ede ("UDC"), has a plat, approved by the Planning Commission n April
10, 2 develop r of land, to is approximately 3.969 acr s known as Lots
and loc 13, Airport Industrial Subdivision, located on the south side of State
Highway 44, southeast corner of ei son Road, and west of a rth Padre Island rive,
as shown in the attached Exhibit , the content f such x i it being incorporated y
reference into this Agreement;
under the UDC, the Developer/Owner is responsible for construction
of the Sanitary r collection line extension ("Sanitary a er Extension");
under the UDC, the ev to r/ ner is eligible for reimbursement
of the Developer/Owner's costs for the construction of the Sanitary r Extension;
it is to the best interest of the City that the i Sewer Extension
be constructed to its ultimate capacity under the City's applicable Master Plan;
Section 8.5.2.E.2 ut orize s the acceptance of
applications to be eligible for reimbursement in the future when funs become fully
available in the Sanitary Sewer Collection Line Trust Fund and are r ri by the
City Council; and
e Developer/Owner has submitted n application for
reimbursement of the costs from the Sanitary Sewer Collection Line Trust Fund for
installing the nit Sewer Extension, as shown in 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 n are as follows:
1. REQUIRED CONSTRUCTION. ev to rl ner shall construct the nit
Sewer Extension in compliance wit the i 's UDC and under the plans and
specifications a rov y the i 's Development Services Engineer.
2013-241
7/16/13
Or d. 029896
5961 HVVY 44 LLC INDEXED
2. PLANS AND SPECIFICATIONS.
a. Developer/Owner s Il contract wit r ssion l engineer, acceptable
the City's Development Services Engineer, to prepare plans specifications
r the Sanitary Sewer Extension, as shown in the attached Exhibit , the
content such x i it being incorporated by reference into this Agreement, with
the following sic design:
1. Install 500 linear feet of 8-inch pipe;
2. Install one (1)4-foot diameter manhole;
3. Install on (1) lump sum pavement patching;
4. Intl) 500 linear feet trenc safety for excavations and;
5. Install one (1) lump sum traffic control during construction.
b. The Sanitary r Extension must begin at the northeast comer of Lot ,
Block 13, Airport Industrial Subdivision and extend east along the south i of
State i y 44 approximately feet to the xisin sanitary sewer line
the northwest corner of Lot 2, Block 13, Airport Industrial Subdivision.
c. The plans and specifications s l with e City's Sanitary Sewer
Standards it Sheets and Standard cific ti ns.
d. Before v to rl n r starts construction, the plans n specifications
must be approved by the i 's Development Services Engineer.
3. SITE IMPROVEMENTS. ri r to the start of construction of the Sanitary r
Extension, Developer/Owner s ll acquire and dedicate City required
additional u lic utility easements ("Easements"), if ny, necessary r the completion
the Sanitary r Extension. If any of the property needed for the Easements is
owned y a third n the v to r/ n r is unable to c it the s ns
through reasonable efforts, then the City will use its powers of eminent domain to
acquire the s e s.
PLATTING 4. Developer/Owner s ll pay to the City the required cr s
and ro-r s as required y the UDC for the area of the Sanitary Sewer Extension.
5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS.
Dev-e—loper/owner s II award a contract n complete the Sanit r Extension,
under the approved lens and specifications, y J2014.uly
6. TIME IS OF THE ESSENCE. Time is of the essence in the e r c is
contract.
Sanitary Sewer Cali Line Ext Constr Reimb Agmt 5961 H Y 44 LLC vFirnat Page 2 of 8
7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good
faith in performing their duties and 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/Owner it to engage a professional engineer fort preparation
of plans and specifications by the 1 Oth calendar day after the date of approval of
this Agreement by the City Council.
b. Developer/Owner's professional engineer fails to submit the plans and
specifications tote City's Director of Engineering Services and to the
Development Services Engineer by the 60th calendar day after the date of
approval of this Agreement by the City Council.
c. Developer/Owner falls to award a contract fort construction of the Sanitary
Sewer Extension, according tot approved plans and specifications, by the
90th calendar day after the date of approval oft is Agreement by the City
Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Sanitary Sewer Extension under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Sanitary
Sewer Extension, under the approved plans and specifications, on or before July
9, 201 4.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties
or 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 oft default, in writing, to the defaulting
party stating, in sufficient detail, the nature oft default and the requirements to
cure such default.
b. After delivery aft default notice, the defaulting party has 15 business days
from the delivery oft default notice ("Cure Period")to curet 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 the Developer/Owner it to perform any obligation or duty oft i
Agreement, the City shall give notice tot Developer/Owner, at the address
stated in section 11, oft need to perform the obligation or duty and, should the
Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vMnal Page 3 of 8
Developer/Owner it 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 tot Developer/Owner by reducing the
reimbursement amount due tot Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, after the
appropriate notice and Cure Period, the City has all its remedies at law or in
equity for such default, and the City may:
1. Terminate this Agreement after the required notice and opportunity to
curet default;
2. Refuse to record a related plat or issue any certifi cate of occupancy for
any structure to be served by the project; and/or
3. Perform any obligation or duty oft Developer/Owner under this
Agreement and charge the cost of such performance to the
Developer/Owner. The Developer/Owner shall pay to the City the
reasonable and necessary cost oft performance within 30 days from
the date the Developer/Owner receives notice of the cost of performance.
In the event the Developer/Owner 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/Owner has all its remedies at law or in equity for
such default.
1 . F 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; dots; epidemics, landslides; lightning; earthquakes; fires;
hurricanes; 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 claiming
force majeure shall give written notice of the full particulars aft force majeure
tot other party within ten (1 0) business days after the occurrence or waive the
right to claim it as a justifi able reason for delay. The obligations of the party
giving the required notice, tot extent affected by the force majeure, are
suspended during the continuance oft inability claimed but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Sanitary 5 ewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LL C vMnal Page 4 of 8
11. NOTICES.
a. Any notice or other communication required or permitted to be given under
this Agreement must be given tot other party in writing at the following
address:
1. If tot Developer/Owner:
5961 HWY 44, LLC
Attn: John Durham
1514 GI ak Drive
Corpus Christi, Texas 78418
2. If to the City:
City of Corpus Christi
Attn: Director, Development Services Department
2406 Leopard Street 78401
Box 9277
Corpus Christi, Texas 78469-9277
with a copy to:
City of Corpus Christi
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
Box 9277
Corpus Christi, Texas 78469-9277
b. Notice must be made by United States Postal Service, First Class mail,
certified, return receipt requested, postage prepaid; by a commercial delivery
service that provides proof ofd liv , delivery prepaid; or by personal delivery.
c. Either party may change the address or addressee for notices by giving notice
oft change under the provisions oft i section.
12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer fort preparation of the plans and specifications for the construction of the
Sanitary Sewer Extension, contracts for testing services, and contracts with the
contractor fort construction oft Sanitary Sewer Extension must provide that the
City is a it party beneficiary of each contract.
13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before
beginning the work that is the subject oft is Agreement, execute a performance on
and also execute a payment bond if the contract is in excess of$25,000. The
performance and payment bonds must comply with Texas Government Code, Chapter
2253.
Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vF!nal Page 5 of 8
14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and
function of the Sanitary Sewer Extension and the construction of the Sanitary ewer
Extension for a period of one year from and after the date of acceptance of the facilities
by the City's Director of Engineering Services and Development Services Engineer.
15. REIMBURSEMENT.
a. Subject to the conditions for reimbursement from the Sanitary Sewer
Collection Line Trust Fund and the appropflation of funds, the City will reimburse
the Developer/Owner the reasonable actual cost of the Sanitary Sewer Extension
up to an amount not to exceed $18,710.61 as shown in the attached Exhibit 4,
the contents of such exhibit being incorporated by reference into this Agreement.
. The City agrees to reimburse the Developer/Owner on othly basis upon
invoicing for work performed. The reimbursement will be made no later than
days from the date of the invoice. Developer/Owner 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 nner 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/Owner and at a time when there has been a
partial completion and/or partial payment for the improvements, then the City
shall only reimburse the Developer/Owner for its costs that were legitimately
incurred towards the completion of the improvements that have been inspected
and accepted by the City to the time that the uncured default occurred.
16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY
INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS
®rCHRISTI, I OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS
l I " FROM AND AGAINST ALL SUITS, CLAIMS,
DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY,
PERSON,DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED
AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR
INJURIES SUSTAINED BY ANY INCLUDING WITHOUT
INJURY LIMITATION, WORKERS' COMPENSATION, PERSONAL
DEATH, ARISING FROM OR INCIDENT , BE CAUSED BY, OR BE I
PROXIMATELY ANY WAY CONNECTED WITH, EITHER
REMOTELY, PART, CONSTRUCTION
SANITARY SEWER EXTENSION.
Sanitary sewer Coll Line Ext Constr Reimb Agmt 5961 HY 44 LLC vFinal Page 6 of 8
17. COVENANT RUNNING WITH is Agreement is a covenant r ni
with the land, to is approximately 3.969 acres known as Lots 3 and 4, Block 1 ,
Airport Industrial Subdivision, a subdivision in Corpus Christi, Nueces County, Texas,
and recorded in the Official Public Records of Nueces County, Texas. The
duties, rights, and obligations of the Agreement are binding on and inure to fit
of the Developer/Owner's successors ssi .
18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this
Agreement may not be assigned the v l r/ r to cat r without the written
approval and consent of the i ty's City Manager.
19. DISCLOSURE F INTEREST. v l r/ r agrees, in compliance wit
City Ordinance o. 17110, to complete, as part of this Agreement, the iscl sur of
Interest form attached tot is Agreement as Exhibit 5, the contents of is , as
completed o , are incorporated into this r reference si fully set in
this r .
20. EFFECTIVE is Agreement becomes effective and is in i
inures t the n fit of the i ty and the Developer/Owner and their respective irs,
successors, and assigns from n or the t I execution by all parties.
21. AUTHORITY. The person signing this Agreement on if of each of the parties
represents, rr nts, and u r t s that they have authority to on If of the
party and e this r nt binding and enforceable by their signature.
EXECUTED IN TRIPLICATE ri in is this , 2013
I
Br--9� - C ... %,
Armando Chapa Wes Pierson
City Secretary Assistant CitA r, designee
of the i Manager
APPROVED AS TO FO
Litoc
i
13
un I y 10--
list i rn y
fort i Attorney
i
Sanitary Sewer Coll Lira Ext Constr Raimb Agra 5961 HWY 44 LLC vFinal Page 7 of 8
5961 HWY 44, LLC
o n Durham
President
STATE
COUNTY OF NO e�—O §§
This instrument was acknowledged fore me on -rwl�e
2013, by Jon Durham, President, 5961 HWY 44, Texas limited liability
company, on I of said company.
Notary u lic s Signature
MCOVM Tame
EIA
Sanitary Sewer Coll Line Ext Constr Reimb Agrttt 5961 HWY 44 LLC+Final Page 8 of
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, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owns and developers of
proposed T INDUSTRIAL SUBDIVISION, BLOCK 13, LOTS 3 & 4, hereby request
reimbursement of$18,710.61 for the installation oft the waste water collection line in conjunction
with said lot, as provided for by City Ordinance No. 17092. $40,487.25 is the construction cast,
including l % Engineering and Surveying, as shown by the cost supporting oc en attached
herewith.
=
Title: z
X
w
[date:
THE STATE TEXAS
COUNTY OF NUECES
' '��� _ .
This instrument s acknowledged before a on . ° -- 20'l3, by
,p f
Title of
5961 HWY 44, L.L..C,a Texas Limited Liability Company, on b A ~of the said company.
,me¢er�g, K TRINA MARIE WILLIAMS
Notary Pubhc,State of Texas tary Pub,, i and for Nuece'�County,Texas
My Commission Expires
July 08, 2014 .
CERTIFICATION
The information submitted it is application for reimbursement has been reviewed and
determined to be corrector Reimbursement is subject to:
(a) Sufficiency of funds in the Collection Dine Trust Fund, and
(b)Appropriation and approval by the City Council.
Development Services Engineer (Date)
Exhibit
r e
, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, wne developers of
proposed I T INDUSTRIAL SUBDI'VISION, BLOCK 1 , LOTS 4, hereby apply for
6,23 . 7 credit towards the waste wateracreage fee for the collection lime Extension in conjaanc i n
with said subdivision as provided €r by City Ordinance o. t7 2. ___4 QA . 5 is e construction
cost,including 11%Engineering and Surveying,as shown y the cost supporting as era attached
herewith.
By:
f
Title° ,.;;. .
pE
Date:
THE STATE OF TEXAS
COUNTY OF UEC
Er`F
This instrument was acknowledged before me on .2013, by
r` ITitle), Of
° a e), -
5961 HWY 44, LL_C, a Texas Limited Liability Company, can behalf said company-
V
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��a° �f Taxes F��bllc in d f r the Mate of Tex
E�pir � ;. ?
Exhibit 2 page 2 of 2
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SSI ESTALS
AIRPORT INDUSTRIAL SUBDIVISION
BLOCK
1 , L 3 &4
OFFSITE WASTE WATER REIMBURSEMENT
ITEM NO. IT QTY- UNIT UNIT PRICE AMOUNT
I 8"PVC PIPE 500 LF $43.00 $21,500.00
2 WDIA.MANHOLE I EA $6,350.00 $6.360.00
3 PAVEMENT PATCHING I LS $7.500Z0 $7, .00
4 TRENCH SAFETY FOR EXCAVATIONS Soo LF $1.00 $500.00
5 TRAFFIC CONTROL DURING CONSTRUCTION 1 LS $625.00 $825,00
SUBTOTAL 536,475.00
Engineering and surveying 11% $4,012,25
SUBTOTAL $40,487.26
Less Fee Value of Property' -$6.236.87
TOTAL $34,260.38
'FEE VALUE=$6,236.87(fMM CRY)
MAXIMUM AMOUNT REIMBURSEABLE
AMOUNT
IT
50%x FEE VALUE OF PROP x AVERAGE PIPE DI AM. 0.5 x 6,236.87 x 8= $24,947.48
Less Fee Value of PmpodY* AUKU
$18,710.61
Exhibit 4
City ofCarpus ChdA Tem
Dcpamocd ofDcvdopm=SaMen
P.O.Box 9177
City of Copus CkM To=79469-9277
(361)92&3240
9i",Cgrpus Lzcafed at 2406 Lmpard Smx%
zMENEW (Comer ofLeopard SL and Port Ave.)
Mnow MEMO
MEEW �Chfisti
%E90%W0041MON
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,
answerwith'NX.
NAME: 5961 Hwy 44, LLC
STREET: 5961 Hwy 44 CrTY: Corpus Christi ZIP. 78406
FIRM is: []Corporation []Partnership Sole Owner F1 Association El Other Limited Liability
DISCLOSURE QUESTIONS Company
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 interesr
constituting 3%or more of the ownership In the above named "firm".
Name Job Title and City Department(if known)
None N/A
None N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownershlp interest"
conalftuting 3%or more of the ownership In the above named "firmn.
Name Title
None N/A
None NIA
3. State the names of each "board membee, of the Cfty of Corpus Christi having an "ownership interealt"
constituting 3%or more of the ownership in the above named"firm".
Name Board, Commission,or Committee
None N/A
on N/k
4. State the names of each employee or officer of a "consultanr for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership Interest" constituting
more of the ownership in the above named"firm".
Name Consultant
one N/A
None NIA
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: Title: Member
(Print)
Signature of Certifying Person:
Date:
K0 -- ADWMMMM0NVLM"TMK FORALWOPME AS PM LEaALXW1ZMSCL0SM OF WOMM
STATENIEIMM,12DW
Fvhihit 5 Page I of 2
DEFINITIONS
a. 'Board Member. A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi,Texas.
bo "Employee". Any person employed by the City of Corpus Chdsti, 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, 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 ayor® 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.
a, "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. "Construcfively held" refers to
holding or 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.
DEVEI(]P%IENT�()Rn[NANCEADNINNISTRAnoO,%PPLCCATIOq FORMSTIMIS AS PER LEGAL` M2 DISCLOSURE OF INTERESTS
STATEMENTG 27 12 WX
page 2 of 2
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