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Home My WebLink About1987 f I a~ f i ~ kf ~j I I E P r„ t i v D 1 6 r E v t, 1648L THE STATE vt TEXAS i SEWER MAIN COST PARTICIPATION .'.GREPIENP ''OETWEEN THE CITY OP, i)ENTON AND' TEXAI Y ROAD ASSOCYATES 't kES COUNTY OF DENTON I (GREENFIELD WOODS EDS) l WHEREAS, Teasley Road Associates Three (Greenfield W:,ods), hereafter referred to as "Developer," whether one or more, whose business; address Is P. 0. Box 117, Denton, Texas '16202, 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 sewer by designing, constructing and installing a sewer main of a minimum inside diameter of twelve inches (12"), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 E. 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 sewer main to provide for an "oversized" sewer main to expand Its utility system and insure adequate utility service to { other customers; NOW, THEREHRE, in consideration of the mutual promises and covenants contained herein, Developer and City aF;ree as follows: 1. Developer shall design, install and construct a fifteen inch (1S") sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized f.ar.ilitlea,", located as shown on Attachment 11, attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facil- Ities, Developer shall enter into a Development Contract, (.s required by Appendix A 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 oversizc4 facil- ities, Developer shall obtain, at Developer'.-, Sole cost and expense, all necessary permits, licenses and easerents. If + easements are needed, he deeds therefor -)btained by Developer shall be reviewed and approved as tc form and substance by City prior to the beginning of construction. If Developer 3 unable 1 , f 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 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, p n .)r to acceptance ,)f the over- sized facilities, and Developer warrants clear title to such easements and will d!fend City rgainst 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 amount of a bid from the lowest responsible bidder on the same Jr similar oversized facilities, shall be in an amount not to exceed Two Thousand Seven Hundred and Thirty-eight Dollars ($2,738.00), and City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing cr completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, s 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 ce'se, specified or unspecified, relating to the construction of the oversized facilities. 5. Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities. Should k the actual cost of the oversized facilities be less than the cost i on which the City's share was determined, the City's share of the I 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 submit any necessary informa. j tion, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. E 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 cost thereof, f SEWER MAIN COST PARTICIPATION AGREEMENT/TEA.SLEY ROAD ASSOCIATES l THREE (GREENFIELD WOODS EDS)/PAGE 2 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. 8. Developer shall indemnify and hold City harmless from nny and all claims, damages, loss or liability of any kind whatso- ever, by reason of injury to property or persons occasioned by ansv act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or oth:r € persons with regard to the performance of this agreement, aiid !i { Developer will, a its own cost and expense, defend and protect City against any and all such claims aiid demands. ! t 9. If Deve'.oper does not begin substantial construction of ' the oversized facilities within twelve (12) months of the effective date of this agreement, this agreement shall tertlnate. 10. This Instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or This obligations other than reYious comnunicationsel r.epresentationseor i. shall supercedo all p agreements, either verbal or written, between the parties hereto. 11. This agreement shall not ba assigned by Developer without the express written consent of City. 12. Any and all suits orr arisbreach ing out of this other suit pertaining ng be brought and maintained in a court of competent jurisdiction in Denton County, Texas. Executed this the day of 1987. TEASLEY ROAD ASSOCIATES THREE, j GREENFIELD WOODS EDS, OWNER i i 13Y ATTEST. SEWER MAIN NfI COST PARTICIPATION AGGR EMENVTEASLEY ROAD ASSOCIAI.:.t1 THREE / MOM Z f j i 1 i CITY OF nENTON, TEXAS i l IARRELL C I T?MANAGER { ATTEST: 7E.NNrRER WRTERS* CITY SECRETARY CITY DE ON, TEXAS APPROVED AS TO LEGAL FORM; ' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. ~ f S SEWER MAIN COST PARTICIPATION AGREEMENT/TEASLEY ROAD ASSOCIATES j THREE (GREENFIELD WOOD4 EDS)/PAGE 4 i s r i I 1 i t 1 i 7 f LE r a rya .,a.~. IMA