HomeMy WebLinkAbout1988 WATER MAIN PARTICIPATION AGREEMENTS
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THE STATE OF TEXAS S WATER I4AIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON 5 DENTON AND JESSE COFPEY
WHEREAS, Jesse Coffey, hereafter referred to as "Developer,' _
whether one or more, whose business address is 614 First State
Bank 3uilding, Denton, Texas 76201, 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 by designing, constructing and
installing a water main of a minimum inside diameter of eight
inches (d'), hereafter referred to as 'required facilities'; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 East 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 water main to provide for an 'oversized' water main to
expand its utility system and insure adequate utility service to
other customers;
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NOW, THEREFORE, in consideration of the mut;1al promises and
covenants contained herein, Developer and City agree as follows:
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1. Developer shall design, install and construct a twelve
inch (128) water main and all necessary appurtenances thereto,
hereafter referred to as 'oversized facilities,', located as
shown on Exhibit R;6 attached hereto and incorporated herein by
reference.
2. Prior to beginning construction of the oversized facil-
ities, 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 I
other applicable ordinances of city.
3. Prior to beginning construction of the oversized facil-
ities, Developer 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 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,
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, prior to acceptance of the over-
sized facilities, and Developer warrants clear title to such
easements and will defend City against any adverse claim made
against such title.
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4. The City's share in the cost of the oversized facili~ies,
based upon the difference in the cost of installing required
facilities, as determined by City by public bids on the same cr
similar projects on a per linear foot basis, and the cost of thFs
oversized facilities, as determined by the City, based upon. *:.e
amount of a bid from the lowest responsible bidder on the sams or
similar oversized facilities, :;hall be in an amount not to ex;eed
Four Thousand Eight Hundred Sixteen Dollars and Fifty Cents
($9,816.50), 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
materials, supplies, or labor; unforeseen 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 construction of the oversized facilities.
5. Within thirty (30) days of the acceptance of the facil-
ities by the City, Developer shall submit 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
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on which the City's share was determined, the City's share of the
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-
tion, documents, invoices, receipts or other records to verify
the actual cost of the oversized facilities.
6. Within thirty
submitted satisfactory ~3documentation tof thee acthe tual Dec sltpof the i
oversized facilities, as determined by City, City shall pay to
Developer its share of the cost thereof.
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} 7. All notices, payments or communications to be
i given pursuant to this agreement b the be
sent to Developer at the business address given above hereto, shall l the
Director of Utilities for the City at the address given above. j
8. Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any kind whatso-
ever, 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, a its own cost and expense, defend and protect
City against any and all such claims and demands.
WATER MAIN COST PARTICIPATION AGREEMENT/JESSE COFFEY/PAGE 2
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9. If Developer does not begin substantial construction of the
oversized facilities within twelve (12) months of the effective
date of this agreement, this agreement shall terminate.
10. 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 super-
cede all previous communications, representations or agreements,
either verbal or written, between the parties hereto.
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11. This agreement shall not be assigned by Developer without
the express written consent of City.
12. Any and all suits 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
Denton County, Texas.
Executed this the day of , 1988.
JES E COFFEY, DEVELOPER
BY:
ATTEST:
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SECRETARY
CITY OF DENTON, TEXAS
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BY:2*~
RAY S ENS
ATTEST:
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J MPfWALTERSr CITY SECRETARY f
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{ APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY: r
WATER MAIN COST PARTICIPATION AGREEMENT/JESSE COFFEY/PAGE 3
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EXHIBIT "A"
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D101CAT10N
STATE OF TEXAS
COUNTY OF DENTON
WilEREAS, Jesse Coffey is The owner of a certain tract of land situated in the F.
! U31WO Survey Abstract Nvmbet e3 Dcaron Cuunly, T'esas and being port of h tract
r thorn by deed to Jesse Coffey, recorded in Volume Pale - of the Real
Property Records of Dcotoa County. Texas and beiig rtw it fully described as
t foltows:
Bepnaing for the aoutaweat caner of the tract being described herein it a hair
inch rebar pin see at the intctscctwa of the taller ball of Payne Urive and INC
1 center line of 11kcstgole Drive;
Thence North O1 degrees 1e miavtes 01 seconds East with the center time of letu/ait
Drive and rest fine of laid Coffey Tract a distance or 40A feet to a half inch rebv
S pin set an c-oteasion of the north rilhi-oftway line of Payne Drive;
Thence South 81 degrees 01 minutes 36 seconds Ees rich the eucosion of the north
right-of.-ay line of Payne Drite a ditrascc of 300 feet to a half inch robot pin ut,
Thence Nur1h 45 degrees 21 minutcr 36 secunds Eass a distance of 16097 feet to a
half inch scbu pia act at the bcginnio, of a carte to INC right airing a radial, of
50.00 feet, a central aalrt of 106 degrees 33 minutes 05 seconds and a chord burial
and distance of Nwis Ul delrces 43 minvta 01 seconds East 1015 feel;
Thence with said curve an are ieogtl of 92.91 feet to in half inch rebar pin all it the
end of said curve;
Thence North 0: degrees 01 mrautet 41 secunJs I ast a distance of 101.70 fee[ to a
half inch rebar ran act,
Thence South I7 degrees 31 minutes 19 seconds East a dnaante of 10100 feel to a '
i half inch rebar pia ter,
Theoct South 0: degrees 0i minutes el lecends 1'at a distance of 5569 feet to a
h•If inch rebar pin act; it
Thence South 17 degrees 31 minutes 19 seconds East a disrance of 1:1 35 feet to a
Nall inch VCLar pin set on ant east line of lord t'offev tract, and Not she west rune
ui a tact spawn b. JC:J to I,t G 100 chi or act and recorded rn V'vlunre 611 Pagt
300 of the Uecd RecvrJsof Dcnton busty, legal,
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fhcnct S.~uah 0: deR+eet 13 minutes 0' secants lest with the east line of said
Coffey tract and rest fine of said lrignt Tract a distance of 2I1 IS feel to a half
inch rebar pin eel in center line of Payne Drne,
Thence North 17 degrees 40 minutes i3 seconds lest with the censer line of said 1
• I'ainc bate a Jrsaance of 71041 feet to the klimarng of a tune to she left hating
a radius of t i.:wo feet, a central cattle of Ot dclrce, 01 minutes l9 seconds, and a !
tbord bearing 30J distance of Nurtb IS degrees 11 minutes 11 Seconds hest 19999 1
leer.
thence in a %ciWit d,rwwa Arch Lard Carte and curer line of Payne Urive an
arc length of MOO feel to she cad of said cunt, .
Thence North I1 degrees 41 min Y,es 32 lecon.11 1'tu wuh The center line of Payne C
Urive a distance al' :0173 feet to the tetinning of a cunt to the right havrnl a
radiu of 11,710.60 feet, a central angle of 00 degrees 39 ounuta 54 seconds, and a f
chord belnog and distance Lai N'arrh 11 degrees 21 minutes 31 seconds tar 16000
leer,
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1 Theca in a westerly direction rrth said cunt and center line of Paine Urrte an
arc Icnltn of 160.00 ftcr to the end of 53rd curtc;
1 hence Norah 13 degrees 01 minutes 51 seconds Well r!all the center line of Paine
I 1 Urive a distance of 17.46 feet to the Poiop of beginning and coalaioing 9,131 acres
of land
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EXHIBIT "B" ` ' -
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