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Home My WebLink AboutWATER MAIN PRORATE REIMBURSEMENT S i ~ i ell I f q i r 1 WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND RELSOB DEVELOPMENT COMPANY WHEREAS, Jerry Kelsoe Development, Inc. (Developer), whose business address is P.O. Drawer R, Denton, Texas 76201, wishes to 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 required to provide such property with adequate water service by designing, constructing and installing a water main; and WHEREAS, the City of Denton (City), a municipal corporation located at 215 East McKinney, Denton, Texas 76201, in accordance with its ordinances may reimburse Developer for the costs of the water main installed by Developer based upon prorata charges paid to the City by persons connecting to the water main; NOW, THEREFORE, in consideration of the their mutual promises, Develope- and City agree as follows: i 1. Developer shall design, install and construct, at no cost to the city, an eight inch (8") water main and all necessary appurte- nances thereto, extending a total distance of approximately five hundred ninety-eight (5981) feet (the "facilities"), located as i I shown or Exhibit A, attached hereto and incorporated herein by reference. Four hundred sixty feet (4601) of the facilities will ± 1 be located off the property of Developer (the "off-site i facilities") and shall be subject to pro rata reimbursement in accordance with this Agreement. i f 2. Prior to beginning construction, Developer shall enter into a Development Contract as required by Appendix A of the Code of Ordinances of City ind this Agreement shall be subject to the provisions of that contract. 3. Prior to beginning construction of the facilities, Deve- ; lopsr 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 offera made to the effected property owners. Any easements for the facilities obtained 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 adierse claim made against such title. f r y i 4. The estimated cost of the design, construction and instal- lation of the off-site facilities subject to pro rata reimbursement three Dollars and Forty-one Cents ($23.41) per lir is Twenty- ' foot or Ten Thousand Seven Hundred Sixty-Eight Dollars and sixty r the estimated four hundred sixty linear feet Cents ($10j768.60) e facilities. (4601) of ff sit f 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 ssa right to require Developer s or submit other records eo inforration the actual documents, invoices, receipt cost of the off-site facilities. The Executive Director of Utilities shall review and verify the actual cost of the facilities date the and certify the allowable whi li certificate shallt be attached facilities were accepted, I f hereto and be incorporated herein by reference. 1 6. After title to the facilities have vested in the City, the City shall collect a prorata charge from any person connecting rovisions to the off-site facilities in accordance wiv.h the p chargeshthe City Withintrantifethirty Appendix A of the Code of Ordinances (30) days of the receipt of p such amount collected to Developer. i 7. The Cit_r shall transfer to Developer 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 jj transfer or reimburse to the eDeoff-site veloper fa mount of funds in excess of the certified ct-st of ' S. The parties hereto rocognize that the facilities subject to this Agreement are necessary to provide aterh at service to the Developer's property. Should the City decide participate in the cost of funding a water main that would provide greater water capacity then the facilities Developer is required to install, the Developer and City may enter into a separate Water i 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 Agreement, but the prorata charges to be collected and transferred to Developer shall be based on the subject to this Agreement were inst lled,as though the facilities subjubj 9. The prorata charges to be collected by the City and trans- ferred to Developer in accordance with the ordinances of the City and this Agreement are intended to reimburse the Deveper fors the Developer's cost of the off-site facilities by requiring P connecting who benefit thereby to participate in the cost of the off-rite facilities. This Agreement shall not be considered to PAGE 2 i C 1 k r. .1 I ~ r I E - 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 prorate fs ds received from persons connecting to such facilities. 10. Should any court of competent jurisdiction determine that 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 charge or collect the prorata charges for connection to the off-site 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 Executive Director of Utilities for the City at the address given above. 12. The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind s 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 j hereto and there are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall supersede I all previous communications, representations or agreements, either i verbal or written, between the parties hereto. I 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. 1d1 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 constriction of the facilities within one year from the date of execution of this Agreement, this Agreement shall terminate. PAGE 3 f I I raCv I i Executed this the }j~1 day ofV)76y_ 1990. r CITY OF DENTON, TEXAS I I 1 I i B ~ 1 LO HARRELL, Cl 1 I ATTEST: I JENNIFER WALTER,S, CITY SECRETARY i I I BY: \ VmM.~J' Uttt'% I ~ I APPRO D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I~ BYt v~ 1 E ~ 3 i KELSOE DEVELOPMENT, INC. E BY: ATTESTS BYs SECRETARY I i Prorata.Wat 8/20/90 { I PAGE 4 i ' l ~ I t , Y 11 \ 3 ~ I~ I 25 NORTH IOb'AL Audi f I I f r ~ I I V YY i DI 44 I I 4 I I + gym 4Tc(T tx3 J i i i 7} i tfi 1 1 i I IE 1\1 E) r III 1 I i- i 1 7 ' r s ` i 1