The URL can be used to link to this page

Home My WebLink About1992-071e lodge ord ORDINANCE NO ?Q? - 021 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, INC TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute the attached agreement with Lodge Construction Company Inc to provide for the construction of an oversized water main SECTION II That the City Council hereby authorizes the und expenditure of fs in the manner and amount as specified in the agreement SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 4jL day of , 1992 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY y V\ THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COUNTY OF DENTON § COMPANY, INC WHEREAS, Lodge Construction Company, Inc , hereafter referred to as "Developer," whose business address is 15303 Dallas Parkway, Suite 1310, Dallas, Texas, 75248, wishes to develop and improve certain real property named Estates of Forrestridge, Section I (as described in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extrater- ritorial jurisdiction, and is required to provide such property with an adequate water supply by designing, constructing and installing a water main of a minimum inside diameter of eight inches (811), hereafter referred to as "required facilities", and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas, 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows 1 Developer shall design, install and construct a twelve inch (1211) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities", located as shown on Exhibit II, attached hereto and incorporated herein by refer- ence 2 Prior to beginning construction of the oversized facili- ties, Developer shall enter into a Development Contract, as re- quired by Chapter 34 of the Code of Ordinances of City This Agreement shall be subject to and governed by such Development Contract, which is incorporated herein by reference, and any other applicable ordinances of City 3 Prior to beginning construction of the oversized facili- ties, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements Easements acquired by deed or dedicated by plat shall be reviewed and approved as to form and substance by City prior to the beginning of construction If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any easements for the WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 1 oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 The city's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities and the cost of the oversized facilities, shall not exceed Twelve Thousand Six Hundred Dollars ($12,600 00) The Developer shall elect one of the following methods to determine the City's share of the cost a) The Developer shall prepare plans and specifica- tions and furnish them to the City The City shall competitively bid the required line and the over- sized facilities in accordance with Chapter 252 of the Local Government Code The difference in the bids shall be used to determine the City's share, subject to the City's maximum participation in cost as specified in this Agreement, or b) The Developer shall prepare plans and specifica- tions and take bids on the required line and the oversized facilities The City shall pay the Developer the smallest amount of the following (1) The difference in the bids for the required line and the oversized facility, (2) Thirty percent of the bid on the oversized facility, as provided for in Section 212 072 of the Local Government Code, or (3) $12,600, the maximum participation cost al- lowed herein The City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construc- tion, changes in the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions, differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities, Developer's decision as to the con- tractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the con- struction of the oversized facilities WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 2 5 Within thirty (30) days of the acceptance of the facili- ties by the City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities Should the actual cost of the oversized facilities be less than the cost on which the City 's share was determined, the City 's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the over- sized facilities 6 Within sixty (60) days of the date the Developer has sub- mitted satisfactory documentation of the actual cost of the over- sized facilities, as determined by City, City shall pay to Devel- oper its share of the cost thereof 7 All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above S Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, a its own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this Agreement, this Agreement shall terminate 10 This instrument embodies the whole Agreement of the par- ties hereto and there are no promises, terms, conditions or obliga- tions other than those contained herein This Agreement shall supersede all previous communications, representations or Agree- ments, either verbal or written, between the parties hereto 11 This Agreement shall not be assigned by Developer without the express written consent of City WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 3 12 Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas Executed this the ,--,"?,/ Pf day of alvLf /J 19Qc�- BY ATTEST ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED S TO LEGAL FORM, DEBRA A DRAYOVITCH, CITY ATTORNEY r 1*-V4 39220 k 1705 3A COMPANY, INC , izadeh, Vice CITY OF DENTON M WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 4 3