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Home My WebLink About2001-230ORDINANCE NO A0191- , (/ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND WYNNE/JACKSON LAKES DEVELOPMENT, L P FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City desires to participate in the cost of oversizmg water mains to be designed, installed, and constructed by Wynne/Jackson Lakes Development, L P in an amount not to exceed Two Hundred Thirty Two Thousand Seven Hundred Seventy One and 65/100 Dollars ($232,771 65), in accordance with §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton and Wynne/Jackson Lakes Development, L P , for the construction and cost participation of approximately 6,608 linear feet of twenty inch (20") water transmission line, and 6,045 linear feet of required parallel six inch (6") water distribution line, substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes, subject to Wynne/Jackson Lakes Development, L P , entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas SECTION 2 That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2001 car EULINE BROCK, MAYOR ATTEST` JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Ocmu S \Our Documents\Ordinances\01\Water Main Cost Pancctp Agrmt Wynne Jackson Lakes doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND WYNNE/JACKSON LAKES DEVELOPMENT, L P WHEREAS, Wynne/Jackson Lakes Development, L P, hereinafter referred to as "Developer", whose business address is 600 N. Pearl Street, Suite 650, L.B 149, Dallas, Texas 75201, wishes to develop and improve certain real property named the "Country Lakes North Subdivision, Phase 1" (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial Jurisdiction, and is required to provide such real property with adequate collection capacity by designing, constructing and installing a water line of an inside diameter of twelve inches (12"), hereinafter referred to as the "Required Facilities", and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "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, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City AGREE as follows 1 Developer shall design, install, and construct, approximately 6,608 linear feet of twenty inch (20") water transmission line, and approximately 6,045 linear feet of six inch (6") water distribution line, and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit 1, attached hereto and incorporated herein by reference 2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities This Development Contract is attached hereto as Exhibit 11 and incorporated herein by reference This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas 3 Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds, and plats therefor 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 affected 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 Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 City's share in the cost of the Oversized Facilities is based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Two Hundred Thirty Two Thousand Seven Hundred Seventy One and 65/100 Dollars ($232,77165), the maximum participation cost allowed herein The 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, Developers 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 The City will make monthly payments for its share of the Oversized Facilities The Developer shall submit monthly pay requests on forms provided by the City The Developer's engineer shall verify that each pay request is correct Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City The City will retain ten percent (10%) of the total dollar amount until the project is accepted Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification 6 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 information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities 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 Assistant City Manager for Utilities for City at the address given above 8 Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person 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 shall, at its own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate 10 This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement I I This Agreement shall not be assigned by Developer without the express written consent of the City 2 12 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 in a court of competent Jurisdiction in Denton County, Texas This Agreement shall be governed by and construed to accordance with the laws of the State of Texas EXECUTED in duplicate original counterparts yy the duly-auth 41ze officials and officers of the City and the Developer, on this the —day of , 2001 CITY OF DENTON, TEXAS A Texas Municipal Corporation W ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY gy "DEVELOPER" WYNNE/JACKSON LAKES DEVELOPMENT, L P a Texas limited partnership By. W/J Lakes Development a Texas cor oration, General Partner By ATTEST 10 By S \Our Documents\Contracts\01\Water Main Cost Parttctp Agnt Wynne r--- - - R;�a� STEPHANIE A GREFN Notary Public state of Texas m a, My Comm Exp Aug 8, 2002 ;kson Lakes doc COUNTRY LAKES NORTH PHASE 1 PROPOSED WATER OVERSIZE w � / P 1 1 _ ` F r / V HWY 37727WATERLINE �r r 3W r / PROPOSED 20" / hr` 9FFR PUMrO A OE PROR03E0GROUND TAW AND O + I `� \\` It 1 y4 ii / CRAWRORO f 'S II f TY QF DEENT,Q NNII WATER UTILITY 1 Inch equals 1,200 feet XHIBI-T 1