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HomeMy WebLinkAbout1987 .mot ,s f~ i '~j ;1 ' l Ii E! ~ ~ t ~ + 1 ~ I ~ ~ 9 i I , E 1794L lhli STATE OF TEXAS S WATER MAIN PRORATA REIMBURSEMENT BETWEEN THE C COUNTY OF DENTON S DENTON NDN TE XAS INS RUMEN S~, OINC. WHEREAS, Texas Instruments, Inc,, hereafter referred to as "Developer," whether one or more, whose business address is P. 0. Box 225214 MS :99, Dallas, Texas 75265, wishes to develop and improve certain zeal propert! located within the City of Denton, f Texas or its extraterritorial jurisdiction, as is described in Exhibit A, attached uereto and incorporated herein by reference, and Is required to provide such property with adequate water service by designing, constructing arid Installing a water main; and WHEREAS, the City of Denton, a municipal corporation located }i! at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as 1 j "City," in accordance with Its ordinances, may reimburse 1 Developer fer the costs of the water main designed, constructed and Installed by Developer based upon prorata charges paid to the City by persons connecting to such water main; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer will design, install and construct, at no cost to the City, a water main of a minimum inside diameter of eight inches (811.), and all necessary appurtenances thereto, hereafter f referred 'to as "facilities," extending a total distance of i approximately three thousand nine hundred linear feet (3,9001), as shown on Exhibit A, attached hereto and incorporated by reference. 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 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 facilities, Deve- loper shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. If easements are needed, the deeds therefore obtained by Developer shall be ` reviewed and approved as to form and substance by City prior to rf 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, II including evidence of negotiations and reasonable offers made to r the effected property outners. Any easements for the facilities obtained by the Developer shall be assigned to City, if not I I i taken in city's name, prior to acceptance of the facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. The estimated cost of the design, construction and instal- lation of facilities, as determined by public bids on the same 1 or similar projects, on a per linear foot basis, is $21.50 per linear foot or Forty-seven Thousand Nine Hundred and Thirteen E Dollars ($47,913.00) for the estimated three thousand nine hundred (3,900) linear feet for the facilities. S. Within, thirty (30) days of the acceptance of the facil- ities by the City, Developer shall submit to the City's Director E of Utilities the actual cost of the facilities. To determine the actual cost of the 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 re- quire Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the facilities. The Director of Utilities shall review and verify the actual cost of the facilities and certify the allow- able reimbursable cost and the date facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference. b. After title to the facilities have vested in the City, j this City shall collect a prorata charge from any person con- necting to the facilities in accordance with the provisions of j Appendix A of the Code of Ordina►.ces of the City. Within thirty (30) days of the receipt of such prorata charges the City shall transfer such amount collected to Developer. 9. The City shall transfer to Developper prorata charges col- J lected for a period of time of twenty (20) years from the date facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the facilities. 8. The parties hereto recognize that the facilities subject to this Agreement are necessary to provide water service the Developer's property. Should the City decide that it wishes to i participate in the cost of funding a water main that would pro- vide greater water capacity then the facilities Developer is required to install, the Developer and City may enter into a soparate Water Main Participation Agreement to provide for the ! sharing of cost of such oversized main. If such agreement is entered into, the actual, oversized water main to be constructed shall be governed by such a reement, but the prorata charges to be collected and transferred to Developer shall be based on the WATER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS, Ir:C./PAGE 2 wagrreeoment tg]led, though the facilities subject t ins termsagf this 9. The prorate charges to be collected by the City and transferred to Developer in accordance with the ordinances of the City and this agreement is intended to reimburse the Deve- loper for the Developer's cost of the facilities by requiring persons connecting to such facilities, and benefiting thereby, to participate isi the cost of such facilities. This agreement shall net be considered impose e ooligation or liability upon ~I upon the City t to o pay y for such revenues, bond funds or any other revenues it may receive, except for those prorate funds receives from persons connecting = s to such facilities. I 10. Should any court of competent jurisdiction determine that an all or part of the City's ordinances on which the Prorata charges to be paid to developer under this agreement aea based cease are found to be unlawful are invalid, the City may ccharge or ollect and will have no further h011 gation hereunder. to the facilities 11. All notices, payments or communications to be given or made pursuant ppto this agreement by the parties hereto, shall be er at t UoilitiesEor the City at the address give,aabove,the sent to Directorpofe 12. The Developer shall indemnify and hold the City harmless kind of Injury to propertylorbpersona occaysioned whatsoever, any and all claims, what tsoever, by reason I by any act or omission, neglect.inviteeaigdocontractors loreY other officers, agents, employees, persons with regard to the performance of this agreement, and Dov t It own theeCityragainstaany and allcsuchaclaimseand,demands, and protect j 13. This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. s 14. This agreement shall not be assigned by Developer without j the express written consent of City. ~i 15. Any and all suits for any breach of this agreer.ent, or 4 any other suit pertaining to or arising out of this agreement, shall be brought and alaintained in a court of competent jurisdiction in Denton County, Texas. ~ I "WATER MAIN PRORATA eaf9URSEMENT AGREEMENT/TEXAS INSTRUMENTS, INC./PAGE 3 16. This agreement shall be effective for a period of twenty (20) years from the date facilities are accepted by City or until Developer has been paid all allowable reimbursable prorata charges for the facilities, whichever occurs first; provided, however, should Developer fail to begin substantial construction of the facilities within one year from the date of this 1 agreement, this agreement shall ter inate. Executed this the day of 1987. TEX S INSTRUMENTS, INC., DEVELOPER BY:4azp Vice President Corporate Staff ATTEST: Ass?,- SECRETA. CITY OF DENTON, TEXAS ii A ATTEST: j ' ER , S CRETA ? AP OVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY r ,r,,,. BY: d 1 =I WATER rAINPRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS, ",.i INC. /PAGL 4 14 1 l- d_ LOOP' tea ~ Iwvr 1!ry /1 f r/ rff ~ ~p Itpl l~ I ' I r} t l~ j r I ! 1 / i s_• 1 I a I viATER 1 1 } ` It W I t ~,l ~t+OS 1, 111 5a ~ ~ r I.r ' _I '~XM161T ~ 1794L THE STATE OF TEXAS S WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON I DENTON AND TEXAS INSTRUMENTS, INC. j t 1 WHEREAS, Texas Instruments, Inc., hereafter referred to as "Developer," whether one or more, whose business address is P. 0, Box 225214 MS 399, Dallas, Texas 75265, wishes to develop and improve certain real property lo:ated within the City of Denton, Texas or its extraterritorial jurisdiction, as is described in Exhibit A, attached hereto and incorporated herein by reference, t and is required to provide such property with adequate water service by designing, constructing and Installing a water main; and WHEREAS, the City of Denton, a municipal corporation located at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, may reimburse Developer for the costs of the water rain designed, constructed and Installed by Developer based upon prorate charges paid to the City by persons connecting to such water main; NOW, THEREFORE, in consideration of the mutual promises and covenrnts contained herein, Developer and City agree as follows: 1. Developer will design, Install and construct, at no cost to the City, a water main of a minimum nside diameter of eight 1 inches (g"}, and all necessary appurtenances thereto, hereafter referred to as "facilities,' extending a total distance of approximately three thousand nine hundred linear feet (3$9008)0 as shown on Exhibit A. attached hereto and incorporated b; reference. 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 shall be subject to and governed by such Development Contract, which is incorporated herein by reference, and any other applicable orA finances of City. i 3. Prior to beginning construction of the facilities, Deve- loper shall obtain, at Developer's sole cost and expense, all necessary permits, licenses rind easements. If easements are needed, the deeds therefore obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to j 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 ownors. Any easements for the facilities obtained by the Developer shall be assigned to City, if not APPROVAL COPY taken in City's name, prior to acceptance of the facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. The estimated cost of the design, construction and instal- lation of facilities, as determined by public bids on the same or similar projects, on a per linear foot basis, is ¢21.50 per linear foot or Forty-seven Thousand Nine Hundred and Thirteen Dollars ($47,913.00) for the estimated three thousand nine hundred (3,900) linear feet for the facilities. 1 S. Within thirty (30) days of the acceptance of the facil- sties by the City, Developer shall submit to the .Sty's Director of Utilities the actual cost of the facilities. To determine the actual cost of the 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 re- quire Developer to submit any necessary information, documents Invoices, receipts or other records to verify the actual cost oi the facilities. The Director of Utilities shall review and verify the actual cost of the facilities and certify the allow- able reimbursable cost and the date facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference. 6. After title to the facilities have vested In the City, t the City shall collect a prorata charge from any person con- 111 netting 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 pprorata charges the City shall transfer such amount collected to Developer. 7. The City shall transfer to Developer prorata charges col- lected for a period of time of twenty (20) years from the date facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the facilities. 8. The parties hereto recognize that the facilities subject to this Agreement are necessary to provide water service the Developer's property. Should the City decide that it wishes to participate in the cost of funding a water main that would pro- vide greater water capacity then the facilities Developer is required to install, the Developer and City may enter into a separate Water Hain Participation Agreement to provide for the sharing of cost of such oversized main. If such agreement is entered into, the actual oversized water main to be constructed shall be governed by such agreement ' but the prorata charges to be collected and transferred to Developer shall be based on the i WATER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS, INC./PAGE 2 } terms of this agreement, as though the facilities subject to this agreement were installed. 9. The prorata charges to be collected by the City and transferred to Developer in accordance with the ordinances of the City and this agreement is intended to reimburse the Deve- loper for the Developer's cost of the facilities by requiring persons connecting to such facilities, and benefiting thereby, to participate in the cost of such facilities. This agreement shall not be considered to Impose any obligation or liability upon the City to pay for such facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorata funds received from persons connecting to such facilities. 10. Should any court of competent jurisdiction determine that all or pert 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 ceaso to charge or collect such prorata charges for connectiun to the facilities and will have no further obligation hereunder.. 11. 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. 12. The 1'eveloper shall indemnify and hold the City harmless from any and all cisims, 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, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect the City against any and all such claims and demands. 13. This instrument embodies the whole agreement of the parties hereto and theie are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. This agreement shall not be assigned by Developer without the express written consent of City. 15. Any and all suits for any breach of this agreement, 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. WATER MAIN PRGRATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS, INC./PAGE 3 SOMEONE 16. This agreement shall be effecti, for a period of twenty (20) years from the date facilities accepted by City or until Developer has been paid all allow, Im reimbursable prorate charges for the facilities, whichever occurs first; provided, however, should Developer fail to begin substantial construction of the facilities within one year from the date of this agreement, this agreement shall term! ate. Executed this the' day of 1987. TEXAS INSTRUMENTS, INC., DEVELOPER BY:~ Lewis McMahan ' Vice President E Corporate Staff ATTEST: r /lsrr $ CRETARY CITY OF DENTON, TEXAS E _ BY: UA~EFHENS ATTEST; r ROUTE APPRDVED~ INI7, OATE , c rcl.::ng. , ; k 417-SECRETARY ~ D[v 'Apr. iI ✓ ~ . 1 APPR D AS TO LEGAL FORM s agal WAS DEBRA ADAMS DRAYOVITCH, CITY r,PORNEY f n~uan[a BY: rARO;WATER ATA REIMBURSEMENT AGKEEMENT/TEXAS INSTRUMENTS, INC./PAGE 4 10 1 "1 , "Nk LOOP 126/ -Al MII. / 14 ) I /hit WATLA 111 . ~ ~.11 • 114 14/ ~ ~ i 1 r 1 1l woo' saylut ,Il. ; Olk . Iwnl ULM txviIsi i a i' F } 7 i k E t ti N ID i i i a 1 i ICI F I t w I FILE Fi i{l i } P' 1