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Home My WebLink About1985 L183L f` THE S'F.ATr OF TEXAS y WATElc NhIN COST NUMCIPAT10 AGREEMENT HE'1WLLN THE CITY OF DENTON COUNTY OF DLNTON § AND DAVID GROTFNHUIS f WHLREAS, David Grotenhuis, hereafter referred to as "Developet," whether one or more, 'whose business address is 3757 State St., Suite 21U, Santa Barbara, CA 93105, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction and is required to provide such property with adequate water service by designing, constructing and installing a water main of a minimum inside diameter of eight inches (811), hureafter referred to as "required facilities", and WHEREAS, the City of Denton, Texas, a municipal corporation 1 c,..tl,d at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance witni its ordinances, wishes; to partieipace in the cost of thn construction and installation of i said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREVORt, in consideration of Uie mutual promises and k covenants contained herein, Developer and City agree as follows: 1. Developer shall design, t:nstall and construct a twelve inch (1211) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities,"" extending a total distance of approximately Cline ilundrod Forty-Six feet (946'), located as shown on Exhibit '"A," attached hareto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facilities, Developer shall. enter into a Development Contract, as required by Appendix A of the Code of Ordinances of City. This agreement sha'l'l be subject to and govorned by such Development Contract, which is s f incortsorated heroin by reference, rind any other applicable ordinances of, City. 3. Prior to beginning constr.uctiou ol: the overawed faCiliei,es, Developer shall obtain, Lit Developer's hole cor}t and expense, All necessary permits, licenses and casements, If onaemeats are f needed, the deeds thorefure obtainod by Dovelopi.r shall be rovi,owed and approved as to form and substance by City prior to the beginning of construction, [f Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of etforts to obtain such easements, including evidence of negotintionn and reasonable offers made to the effected property owners. Any easements for the 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, as determined by City by public bids on the same or similar projects on a per linear foot basis, and the cost of the oversized facilities, as determined by the City, based upon the account of a bid from the lowest responsible bidder on the same or similar oversized facilities, shall be in an amount not to exceed Three 't'housand Three Hundred Eleven and No/lOOLha ($3,311.00), and City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of oiterials, supplies, or labor; unfoaeseen 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 contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the constructicn of the oversized facilities. PACT; 2/WATER PARTICIPATION AGREEMENT/GROTENHUIS i 5. Within thirty (30) days of the acceptance of the facilities by the City, Developer shall qubmt t 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 %ihich the City's share was deternined, the City's share of the cost shall be reduced proportionally, on a par linear foot basis, based upon the difference of the actual coat of the overa:lzad faci.litief and the determined cost for required facilities, To determine the actual cost of the oversized fncil,.tied, 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 submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities, 6. Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer its share of the coat thereof. 7. All notices, payments or communications to be given or made pursuant to this Agreement by tho parties hereto, shall be sent: to Developer at the business address given above and to the Director of Utilities fur the City at the address given above. 8. Developer shall indemnify and hold City harmless from any 1 and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agonts, employees, invitees, contractors or other persons with regard to the perCormance of this (agreement, and Developer will, a its own coat 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) montlib of the effective date of this agreement, this agreement shall terminate. 10s This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations PAGE 3/WATER PARTICIPATION AGRECMENT/GROT>NHUIS Ir ,00 III other than those contained herein. This agreement shall, superoede all provious communications, representations or agreements, aither verbal or written, between the parties hereto. J 11, This agreament shall not be assigned by Developer without the express written consent of City. 12, Any and all suite for 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 t)enton County, Texas, Executed this the day of DEVELOPER BY. DAVI75-Gtr E ATTEST; 90RETARY 1 CITY LOF' ON, TEXAS POI i R. S OTING CITY HA NAM ATTEST) CHARLOTMALLEN CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR141 DEBRA ADAMI ORAYOVITCH$ CITY ATTORNEY CITY OF DMON, TEXAS is Hy l 'n ln&tri) PAGE 4/WATER PAIi'T'iCIPATION ACREEHENT/GROTf NHUIS ` f: I EXHIBIT "All N A w O:W LEE ~w PP~Lp _L~Ltl 1101 ST }+R . o f 111 I -4 IV 1 k4 n *AI fw Illf[1R . . t isr VAN 110 r i uw r \ r N 44" 1 . W . 11 N iL