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HomeMy WebLinkAbout032410 ORD - 04/20/2021Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island Drive (Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement ("Amendment") attached hereto, with Peterson Properties, Ltd., to increase reimbursement amount to reflect actual bid cost. SECTION 2. Funding in the amount of $44,057.00 is appropriated from the No. 4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer. 032410 SCANNED Page 1 of 2 That the foregoing ordi ance was read for the first time and passed to its second reading on this the PIA \ day of Pt -Or\ \ 2021, by the following vote; Paulette M. Guajardo l"1`-� John Martinez Roland Barrera _`- Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoim ordinance was read for the second time and passed finally on this the p)111 day of Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma 2021, by the following vote: John Martinez Ben Molina Mike Pusley Greg Smith Qk f\-}' PASSED AND APPROVED on the .0.411'\day of A KA 2021: ATTEST: TY OF CORPUS CHRISTI Rebecca Huerta City Secretary Paulette M. Guajardo City Secretary Mayor 032410 Page 2of2 AMENDMENT OF WASTEWATER LIFT STATION CONSTRUCTION AND REIMBURSMENT AGREEMENT This is an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement, attached hereto as Exhibit A and made a part hereof, document number 2020052434, originally dated November 17, 2020 by and between: Peterson Properties, Ltd., and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to Wastewater Lift Station Construction and Reimbursement Agreement, with the following amendment as follows: Section 16. (a) is amended as follows: Section 16. Reimbursement. a. a. The cost for the Wastewater Lift Station less $10,337.18 lot/acreage fee credit is $756,469.82. Subject to the conditions for reimbursement from the Wastewater Lift Station System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Lift Station up to an amount not to exceed $756,469.82 as shown in the attached Exhibit 4A, the contents of such exhibit being incorporated by reference into this Agreement. Exhibit 2. Update to the request for reimbursement attached, added, and incorporated. Exhibit 4A, Reimbursement Estimate/Actual Bid Contract, is attached, added, and incorporated. Exhibit 4B Tabulation of Bids is attached, added, and incorporated. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 2021. CITY OF CORPUS CHRISTI Al Raymond III, CBO, AIA Director of Development Services APPROVED AS TO FORM: Buck Brice Assistant City Attorney for the City Attorney (date) 1 -` STATE OF TEXAS § COUNTY OF/,%Qi3,,,,§ PETERSON PROPERTIES LTD. Patricia Peterson Nuss, General Partner This instrument was acknowledged before me on -1-1/d ay of / d1(C ,2021, by Patricia Peterson Nuss, General Partner, on behalf of Peterson roperties, Ltd. a Texas Limited Partnership, on behalf of said corporation JUANAJEAN BARTON Notary ID 010868260 My Commission Expires June 3, 2021 STATE OF TE)AS § COUNTY OF ,5 PETE Scott D- ug as Pete on, General Partner This instrument was acknowledged before me on -2. day of WC'�� ,2021, by Scott Douglas Peterson, General Partner, on behalf of Peterson Properties, Ltd. a Texas Limited Partnership, on behalf of said corporation JUANA JEAN BARTON Notary ID 010868260 My Commission Expires June 3, 2021 STATE OF TEXAS § COUNTY OF (0612-5 tel/ otary Publi s Signature -- PETERSON gnature-- PETERSON PROPERTIES LTD. cGIAA, ,t4, Chris Ann Peterson Brown, General Partner This instrument was acknowledged before me on Z day of / v ,2021, by Chris Ann Peterson Brown General Partner, on behalf of Peterson Properties, Ltd. a Texas Limited Partnership, on behalf of said corporation JUANA JEAN BARTON Notary ID 010868260 My Commission Expires June 3, 2021 otary Public's 2 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: Legistar Number: 21-0330 April 13, 2021 Agenda Item: Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved July 6, 2020 and located at the intersection of West Point Rd and S Padre Island Drive (Highway 358 FWY); and appropriating $44,057.00 from the Sanitary Sewer Trunk Main Trust Fund to reimburse developer. (District 3) Amount Required: (Amount to be Certified) 44.057.00 Fund Name Accounting Unit Account No. Activity No. Amount Sanitary Sewer Trunk Main Trust Fund 4220-21800- 777 540450 $44,057.00 Total $44,057.00 ❑ Certification Not Required Director of Financial Services Date: iji)1 1)