HomeMy WebLinkAbout1985
11.85r,
THE STATE; OF T8XAS g SEWER LIFT STATION AND FORCE MAIN
PRORATA REIMBURSEMENT AGREEMENT BETWEEN
BORDER LOWBOY TRUCKSTOP, DE;NTON, INC.
COUNTY OF DENTON 9 AND THE CITY OF DENTON, TEXAS r
WHEREAS, Border Cowboy Truckstop, Denton, Inc,, hereafter r
referred to as "Developer", wishes to develop and improve certain
real property located witnin the City Of D(>nton, Texas or its
extraterritorial jurisdiction and is required to provide such
property with adequate sewer service by designing, constructing
and installing a sewer lift station and force main]
NIiEREAS, the City of Denton, hereafter referred to as "City",
in accordance with its ordinances, may reimburse Developer for the
jests of the sewer lift station and l:orce main designed,
constructed and installer) by Developer based upon prorata chary as
i
paid to the City by persons connecting to camel
NOW, TNCREF'ORE, in consideration of the mutual promises and
covenants oontained nerein) Developer and City agree as followst
1. Developer will dotaign, install and construct, at no cost to
tno City, a sewer lift station and force main and all necessary
appurtenances tneroto, hereafter referred to as "Facilities", to
serve Developer's property, looated as shown on Exhibit "All and
f` J "t3," attached hereto and incorporated by reference.
~JI 2. Prior to beginning construction Developer shall enter into
a Development Contract, as required by Appendix A of the Code of
Ordinances of City. This Agreement snarl be subject to and
governed by Ouch Development contract, wnich is incorporated
nerein by reference, and any other applicable ordinances of City.
3. Prior to beginning conot.ructlon of the Facilities,
Developer shall obtain, at his sole coot and expenso, all
is
necessary permits, licenses and off-site easements, if off-,site
easements are needed, the deeds therefore obtained by ooveloper
shall, be roviewed and approved as to form and substance by City
prior to the beginning of construction, if Developer is unable
BORDER COWBOY TRUCKSTOP/PAGE 1
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to acquire needed off-3itc ,easemente, the City shall ne provided
with any requested documentation of efforts to obtain such
easements, including evidence of neyot:iatlons and reasonable
offers made to the affecl•e-6 property owfl-at5 Any ot [:--Si to
li
easements for the Facilities onta.ined by the Developer shall be
assignod to City, if not taken in City's name, prior to accepCance
of the Facilities, and Developer warrants clear title to sucl}
easements and will defend City against any adverse claim made
against such title,
4, The determined cost of the design, construction and
installation of Facilities Is Ninety-seven Thousand one Hundred
Sixty-nine and No/100 the Dollars ($97,169,00),
I 5. In accordance with the provisions of Article 4.09(6) of
i
Chapter IV of Article III of Appendix A of the Code of Ordinances
of the City of Denton the maximum reimbursaole Coat of the
Facilities to be paid to Developer is Fifty-eignt Thousand 'three
Hundred one and 40/100ths Dollars, determined as followst
L97j1.69.00 X (250 Y.P.M. - 100 g,p.m.)
250 g.p,fn,
6. After title to the Facilitiea have vested in the City, the
City shall collect a prorata charge from any person connecting to
the Facilities In accordance with the provisions of Appendix A of
the Code of ordinances of the City. Within thirty (30) days of
the receipt of such prurata charges the City small transfer such
amount collected to Developer.
1, The City Shall transfer to Developer prorata' charges
collected for a period of time of twenty (20) years from the date
Facilities are accepted by City, as specified herein, but snap
not transfer or reimburse to the Developer an amount of funds in
excess of the maximum reimbursable costs,
0, The prorata charges to be collected by the City and trans-
forced to Developer in accordance with the OMinanceS Of the City
and this Agreement is intended to reimburse thri Developer for the
BORDER COWBOY TRUCKS'POP/PkOE 2
u
Developer's cost of the Facilities by requiring persons connect-
ing to such Facilities, and benefiting thereby, to participate in
the coat of such Facilities, This r,greement shall not be
considered to impose any obligation or liability upon the city to j
pay for such facilities from Its general revenues, bond funca or
any other revenues it may receive, except for those prorata funds
received from persons connecting to such Facilities,
9. Should any court of compeLant Jurisdiction determine that
allor part of the City's ordinances on which the prorata charges
to be paid to developer under this Agreement are based are found
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the Facilities and
will have no further obligation hereunder.
10. The Developer mall indemnify and hold the city harmless
from any and all claims, damages, loss of liability of any kind
whatsoeverr, h by reason of injury to or
y property persons occasioned
by any act or omission, neglect or wrong doing of Developer, its
officers, agents, employees, invitees, contractors or other
persons with regard to the parformanoe of this contraot, and
Developer will, at its own cost and expense, defend and protect
the City against any and all such claims and demands,
11, This instrument embodies the whole agreement of the
parties hereto , and theca are no promises, terms, conditions or
obligations other than those contained herein. 'Phis contract
shall supercede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
12. This agreement shall not be assigned by Developer without
the express written consent of City.
13, Any and all suits foe any breach of this contract, or any
other suit
pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction in
Denton County, Texas,
BORDER COW80Y TRUCKSTOP/PAGE 3
14. This agreement snall be effective for a period of twenty
(20) years of the date Facilities are accepted by City or until
Developer has been paid all allowable reimbursable prorata costs
for the Facilities, whicnever occurs tirsr, J
EXecuted this the aay of 1985.
BORDER COWBOY TRUCKSTOPr DENTON, INC. ~ a .
BY S
AT`[$ Tt
11
S TARY ,
CITY OF DENTON, TEXAS
BYt
'PING CITY ANA ER
Y
t
AT TEST i
TIT AL±LEN, CITY-SECRETARY
CITY OP DENTONr TEXAS
APPROVED AS TO LEGAL FORMi
fi DEBRA'ADAMI DRAYOVITCHr CITY ATTORNEY
CITY OF DENTON, TEXAS
r
BYE r
BORDER COWBOY TRUCKSTOP/PAGE 4