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Home My WebLink About1985 11,171. 'd'IIP, STATE, OF TEXAS y WA'rERMNE PARTICIPATION AGREEMENT BETWEEN TILL CITY OF DEMON AND COUNTY O DFNTON § HOI,ICAN M-,'VV10YMFNT, INC W111310,M), ilcligan Development) Inc; , hai.eafter roforrod to as "Dovalopr•:r", wishes; to duvel.op and improve curtain real property located in the Cite of Denr.on, Texas or its extraterrILorin I Jurisdiction and i.s requi.r,od Lo provido such p,'operty with adnquate water service by desl.t;ning, contitructing and instri111ng an on and off-site wratrr main; tine WHERE'A5, thr City of Denton, 'Texas, lwreaftur rofet'rod to as "City", in aceordnneo with its ordinances, wishes to participate in the cost of the construction and ion taIIntion of said water main t'^; provide for can "oversized" water main to expand its water works system and insure adequate wator service to other customers; NOW, t'IIhREFORE, in consideration of the mutual promises and covenants contained herein) Developer and City agree as foliowxs 1, Developer shall dQsign, install and r~onstruct an on and I off-site 1211 water line and all necesseaey appurtenances thereto, herPafter reforred to as "Oversized FacillLies", extending a total distnnco of appro>cimately 1817 feet, located as shown on Exhibit I "A" attached hereto and iarcorporutud herein by ruferano.e. 2, Prior to beginning construction of the Projr.t!t, Developer shall enter into V Developtn4nt Contract) as required by Appendix t+ of thu Code of ordinances of City. This Agreement shall be subject to end governed by such Development Contract, which is incorporated he-eein by reference, and any other applicable ordinances of City, J. 'Prior to beginning construction of the Prefect) Developer shall obtain, at his sole coat and expense, all necessary permits, 1i licenses and off-s.ito easements. If Off'-site 0880mente era naeded, the deeds therefore obunined by Developer shall be reviewed and approved as to forth and substance by Cicy prior to the beginning of con atrue tion If Developer, is unable to acquire'nonded off-site easements) he shall provide City with any requested documentation PAGE 1 j i ,r of offorLs to obtain such easements, including evidence of negotintions and roasonable oCfot:8 made to the aff;ectod property owners. Any Off-Bite easements for the Project obtain3d by the r Developer Hlicri.l i)e asaignod to Ci.tyy if not talten in City's name, f prior to accopL'anco of tiro. Project, and Developer warrants clear t:itla to such easements rind will defend City against any adverse claim made against tuch fit'la. G. The Cit•y's shave in the cost of the Oversized Facil:lties, based upon the di.fferonco in the cost of installing an 8-inch water line, as det orminod by City by public bids on the same or similar projects on a per linear foot basis, and tho cost of the Project, as deLormined by tho City, based upon the amount of a bid from the lowest: responsible biddor, shall be in an arnount not to exceed j Fourteen Thousand Nine 11undred Four Dollars and Twenty Conts ( 14 904.20), and City shall not, in tiny case, be responsible for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of msterials, supplies, labor or other Project costs; unforeseen or unanticipated costs because of topography, soil, subsurface, or other site I conditions; differences in the calculated and actual per linear j oet of the line needed for the Project; Developer's decision as to the oontracLors or subcontl•aetovs used to perform the work; or any other rea8on or cause, specified oe unspecified, relating to the i Project. 5, Within thirty (30) days of the acceptance of the Project by the City, Developer shall submit to the City's Dieector of Utilities tha actual coat of the Project. Should the actual cost of the Pro- Ject be lass than the bidded cosh submitted to City by the lowest responsible bidder on which the City's ahare was determineJ,:the City's sham of cite cost of the Project shall be reduced proportion- ally, on a per linear foot basis, based upon the differenrse of the actual project cost and the deterrninod cost for an 8-inch line. To r PAGE .2 II i rleter~gitte the actual cost of the project:, City shall have the right to inspect tiny and all records of Developer, his agents, employees, Contractors Of subconLratckors and shall have the right to roquiro Developer to submit any necessary information) documents, invoices, recoipts or other records to verify the actual Project costs. G. Within thirty (30) days of the date the Developer !,as submitted satisfactory documentation of the actual cost of the Project, as determined by City, City shall pay to Developer its share of the oost thereof. 7. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of inSury to property or persons occasioned by any act or omission, neglect or wrongdoing of. Developer, Its officers, agents, j employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, a its own 1 cost and expense, defend and protect City against any and all such claims and demands 8. If Developer does n.>t begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of this agreement, this agreement shall terminate. 9. This instrument embodioK the whole ug-ee"ent of tite parties heroto and there are no promises, torms, conditions or obligations outer. than otiose contained herein. This contract shall suparcede all previous crimmunicaLi.ons, representations or agreements, either verbal or written, between the parties hereto, 10. This agreement shall not be assigned by Developer without the express Written consent of City. 11. Any and all suits for any breach of this contract, or any other suit pertaining to or ari&ing_out of this contract, shall be brought: and maintained in a court of competent jurisdiction in Denton County$ Texas, r PAGE 3 i i 4 Executod chili tho defy of 1985. IIOLIGAN DEVELOPMENT, INC & TEST. CITY OF DENTON, TEXAS -E C 47CITI OF D 'CON, TEXAS ATTEST C f SEUKhTIRY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMT DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: (U ~9 Vin { { PAGE 4 r R I,HIBIT "A l i~ 117 `fr 11 ~I 11 a MAP 111 1 .4~M 46dt l't r, 1 it , '1 ~II~1 ~•V ~:Iy I ~ it I t, 1 , . r ~\ry.L Y~w~Haa4 a~ ,,aMI. I ' ~ • _ y I, ` r It I M, I 1 JCfPd11N dY ~~~~"I~Ill~llllll r r~ .v,•ilU' 1 Il ,i v\ , , 1'j5 4,.✓ 1 .e 011 ' J 4 11 ~ ~ . , '4 t~ll rr.Maaa• w~'r •"~•M+,~_IMrw • .hi~/ • 1 ~ . 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