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Home My WebLink AboutSEWER MAIN PRORATE REIMBURSEMENT YfA~ i )1l 7 1 SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KELSOE DEVELOPMENT COMPANY WHEREAS, Jerry Kelsoe Development, Inc. (Developer), whose 1 business address is P.O. Drawer R, Denton, Texas 76201, wishes to 1 develop and improve real property located at the southwest corner of the intersection of Highway 380 and North Mayhill Road, in the City of Denton, Texas or its extraterritorial jurisdiction, and is i required to provide such property with adequate sewer service by designing, constructing and installing a sewer main; and WHEPSAS, the City of Denton 'City), a municipal corporation located at 215 East McKinney, D.irton, Texas 76201, in accordance with its ordinances may reimburse Developer for the costs of the f sewer main installed by Developer based upon prorata charges paid ; to the City by persons connecting to the sewer main; NOW, THEREFORE, in consideration of the their mutual promises, Developer and City agree as follows: + 1. Developer shall design, install and construct, at no cost to the city, an eight inch (8") sanitary sewer main and all necessary j appurtenances thereto, extending a total distance of approximately four hundred seventy (4701) feet (the "facilities"), located as shown on Exhibit A, attached hereto and incorporated herein by reference. four hundred twenty feet (4201) of the facilities will # be located off the property of Developer (the "off-site facilities") and shall be subject to pro rata reimbursement in accordance with this Agreement. 2. Prior to beginning construction, Developer shall enter into a Develnnment Contract as required by Appendix A of the Code of Ordinances of City and this Agreement shall be subject to the provisions of that contract. 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 the beginning of construction. If Developer is unable to acquire ; needed easements, Developer shall provide City with any requested documentation of efforts to obtain s+ich easements, including evidence of negotiations and reasonable offers made to the effected property owners. Any easements for the facilities ubtained by the Developer shall be assigned to City, if not 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. I i { ti , f 4. The estimated cost of the design, construction and instal- lation of the off-site facilities subject to pro rata reimbursement r t, is Twenty-three Dollars and Fort one Cents ($23.41) pe foot or Nine Thousand Eight Hundred Thirty-Two Dollars and Twenty Cents ($9,832.20) for the estimated four hundred twenty linear feet (4201) of off-site facilities. 5. Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the City's Executive Director of Utilities the actual cost of the off-site facilities. To determine the actual cost of the off-site 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 information, documents, invoices, receipts or other records to verify the actual cost of the off-site facilities. The Executive Director of Utilities shall review and verify the actual cost of the facilities date and certify the allowable reimbursableicacost and te shallt be att cthe facilities were accepted, which hereto and be incorporated herein by reference. s 6. After title to the facilities have vested in the City, the city shall collect a prorata charge from any person connecting to the off-site 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 prorata 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 of the certified cost of the off-site facilitieef funds in excess of 8. The parties hereto recognize that the facilities subject to l this Agreement are necessary to provide sewer service to the ! Developer's property. Should the City decide that it wishes to i j participate in the cost of funding a sewer main that would provide i greater sewer capacity then the facilities Developer is required to install, the Developer and city may enter into a separate Sewer Hain Participation Agreement to provide for the sharing of costuof such oversized main. if such Agreement is entered into, the ac oversized sewer main to be constructed shall be governed by such Agreement, but the prorata charges to be collected and transferred the of this thoughDevethelopefacir shall to thistAgreement were installed.ag 9. The prorata charges to be collected by the City and trans- ferred to Developer in accordance with the ordinances of the City facilities by requiring persons reimburse the PAGE 2 an this Developer'sr cost of the intended to i i 1 ( V j 1 1 W"Y.L Q ~n 4 A } r X t connecting who benefit thereby to participate in the cost of the off-site facilities. This Agreement shall not be considered to impose any obligation or liability upon the City to pay for the 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. j 10. Should any court of competent jurisdiction determine that e all or part 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 or invalid, the City may cease to charga or collect tt•e t prorata charges for connection to the off-site facilities and will I 4 have no further obligation hereunder. l 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 Executive I 1 Director of Utilities for the City at the address given above. 12. The Developer shall indemnify and hold the City harmless s i from any 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, 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. I 13. This instrument embodies the whole Agreement of the parties j hereto and there are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall supers:ede all previous communications, representations or agreements, either { verbal or written, between the parties hereto. ! I 14. This Agreement shall not be assigned by Developer without ll the express written consent of City. 15. Any and all suits for any breach of this Agreement, or any i other suit pertaining to or arising out of this Agreement, shall be brought and maintained in a court of competent jurisdiction Jn S Denton County, Texas. 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 wit'ain one year from the date of execution of this Agreement, this Agreement shall terminate. 1 PAGE 3 , i 1 1 Executed this the day of '*i 1990. CITY OF DENTON, TEXAS f Low) ni- BY LLOM HARRELL, CITY M)PAGER t ATTEST. JENNIFER WALTERS, CITY SECRETARY i i BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: d1/~~1 I BY: i i ~ ATTEST: i ~ i BY: SECRETARY I Prorata.Sew 8/20/90 PAGE 4 { f • t i ' t f f f ice' I 4 i F ~ f I Ft. 3TgT4x3 { i ~ r r l r: ` .n.. f + ` k - ~~r , i ~ i t G 1 i' • I i Tttatt I k`, ~ I ~ ; y' c i . i i f