1998-232AN ORDINANCE AUTHORIZINO THE MAYOR TO EXECUTE A WATER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER SCHWARZ
BY NR &,RJ PROPERTIES L P HIS ATTORNEY IN FACT, FOR THE CITY'S PARTICIPATION IN
THE OVERSIZINO OF A WATER MAIN 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 wishes to participate in the cost of overslzing a water line to be designed,
installed, and constructed by DIETER SCHWARZ by NR & RJ Propcmes, L Plus attorney In fact, m an
amount not to exceed one hundred twenty four thousand and one hundred dollars ($124,100 00), m
accordance with §34-118(b)(2) oft he Code of Orchnancc of the City of Denton and TEX LOC GOV'T
CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor, or m his absence, the Mayor Pro Tern, is authorized to execute a
Water Mare Cost Partlclpataon Agreement between thc City and DIETER SCHWARZ by NR & RI
Properaes, L P bas attorney in fact for the oversmng of approramately 3,067 fect often (10) ~nch water
line to sixteen (16) inches and the overmzing of approximately 12,100 feet of ten (10) inch water line to
twelve (12) inches, substantially m the form of the attached Agrecmant, which is made a part of tbas
ordinance for all purposes, subJeCt to DIETER SCHWARZ by NR & RI Properties, L P his attorney in
fact, entenng into a Development Contract with the City, in accordance with Chapter 34 of the Code of
Orchnances of the City of Denton
$1~(~TION II. That the City Manager is hereby anthonzed to make the cxpen&turcs as sot forth in
the attached Agreement
SECTION III. That tlus ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 'f' day of~ 1998
IA~d!~ff~LER, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND DIETER SCHWARZ.
WHEREAS, ,Dieter Schwarz (Owner) c/o NR & RJ Properties L P his attorney in fact
hereafter referred to as "Owner," whose business address ~s P O Box 941, Oreenburg, PA 15601,
w~th a copy to Terra/Barn, Inc, (Developer) whose business address is 3732 Normandy Avenue,
Dallas, Texas 75205-2105, w~shes to develop and ~mprove certain real property named Lakev~ew
Ranch (as shown m Exhlb~t I, attached hereto and mcorporated hereto by reference), located m
the City of Denton, Texas or xts extraterntonal jurlsdlctxon, and is required to provide such
property w~th adequate collection capacxty by deslgmng, constructing and installing a water line
of a mm~naum ms,de d~ameter of ten roches (10"), hereafter referred to as "required facilities",
and
WHEREAS, the C~ty of Denton, Texas, a mumclpal corporatxon located at 215 East
McK~nney, Denton, Texas 76201, hereafter referred to as "City," m accordance wxth ~ts
ordinances, wxshes to partxc~pate ~n the cost of the construction and installation of said water
ma~n to provide for an "oversized" water mare to expand ~ts ut~hty system and xnsure adequate
ut~hty service to other customers,
NOW, THEREFORE, m consxderat~on of the mutual promises and covenants contained
here~n, Owner and C~ty agree as follows
1 Owner shall design, install and construct apprux~mately 3,067 feet of sixteen ~nch
(16") and approxxmately 12,100 feet of twelve ~nch (12") water ma~n and all necessary
appurtenances thereto, hereafter referred to as "oversxzed fac~ht~es," located as shown on Exhibit
II, attached hereto and incorporated here~n by reference
2 As required by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas,
Owner has entered into a Development Contract prior to beginning construction of the oversized
facilities Th~s Development Contract ~s attached hereto as Exhibit III and incorporated herein
by reference This Agreement is subject to and governed by this Development Contract and any
other applxcable ordinances of C~ty
3 Pnor to begmmng construntxon of the oversized fac~ht~es, Owner shall obtain, at
Owner's sole cost and expense, all necessary permits, hcenses and easements The easements,
deeds and plats therefor obt~uned by Owner shall be rewewed and approved as to form and
substance by C~ty prior to the begmmng of construction If Owner ~s unable to acquire needed
easements, Owner shall prowde C~ty w~th any requested documentation of efforts to obt0an such
easements, including evidence of negotiations and reasonable otters made to the affected
property owners Any easements for the oversized facilities obtained by the Owner shall be
assigned and dedicated to C~ty, if not taken m Cxty's name, prior to acceptance of the oversized
facilities, and Owner warrants clear t~tle to such easements and will defend City against any
adverse claim made against such tatle
Water Mare Parta¢lpation Agreement - Dieter Schwarz - Page 1
4 City's share in the cost of the oversized facihtles, based upon the difference ~n the cost of
installing required factlmes, as determined by City, and the cost of the oversized factltttes, as
determined by City, shall be tn an amount not to exceed One Hundred Twenty Four Thousand
One Hundred Dollars and No Cents ($124,100 00) City may elect one of the following methods
to determine City's share of the cost
a) Owner shall prepare plans and specffications and furnish them to City
City shall competitively bid the required line and the oversized facilities in
accordance with Chapter 252 of the Texas Local Government Code The
difference in the bids shall be used to determine City's share, subject to
City's maximum partlmpation tn cost as specified in this Agreement, or
b) Owner shall prepare plans and specifications and take bids on the required
hne and the oversized facthties City shall pay Owner the least amount of
the following
(1) The difference in the bids for the reqmred hne and the oversized
facilities,
(2) Thirty percent of the bid on the oversized facilities, as provided for
in {}212 072 of the Texas Local Government Code, or
(3) $124,100 00, the maximum participation cost allowed herein
City shall not, m 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 faclhties, Owner'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 The City shall make monthly payments for its share of the oversized facthttes The
Owner shall submit monthly pay requests on forms provided by the City The Owner's engineer
shall verify that the pay request ts correct The request, along with the engineer's verification,
shall be submitted to the Engmeermg & Transportation Department of the City The City will
retmn 10% of the total dollar amount until the project is accepted and costs are calculated as per
th~s agreement Payment by the City to the Owner wdl be made within thirty (30) days of receipt
of the pay estimate and the engineer's verification
6 Within thirty (30) days of the acceptance of the facilities by City, Owner shall
submit to City's Dtrector of Utditles the actual cost of the oversized facilities Should the actual
cost of the oversized facilities be less than the cost upon which City's share was determined,
City's share of the cost shall be reduced proportionally, on a per hnear foot basis, based upon the
difference of the actual cost of the oversized facllmes and the determmed cost for reqmred
Water Mmn Pamcipanon Agreement - Dieter Schwarz - Page 2
facilities To determine the actual cost of the oversized facflit~es, City shall have the right to
inspect any and all records of Owners, his agents, employees, contractors or subcontractors and
shall have the right to require Owner to submit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the oversized facilities
7 Within sixty (60) days of the date Owner submits satisfactory documentation of
the actual cost of the oversized facilities, as determined by City, City shall pay to Owner City's
remaining share of the cost thereof
8 If the City has made any overpayment of fiands as calculated by the terms of this
agreement, Owner shall make any reimbursement to the C~ty within thirty (30) days of notice of
the overpayment
9 All notices, payments or communications to be given or made pursuant to this
agreement by the parties hereto, shall be sent to Owner at the business address given above and
to the Director of Utflmes for City at the address given above
10 Owner shall indemnify and hold City, its officers and employees, 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 Owner, its officers,
agents, employees, mvitee, contractors or other persons with regard to the performance of this
agreement, and Owner will, at its own cost and expense, defend and protect City against any and
all such claims and demands
ll If Owner does not begin substantial construction of the oversized faclhUes within
twelve (12) months of the effective date of execution of this agreemem, this agreement shall
terminate, unless a written extension is approved by both parties
12 This instrument, including the exhibits attached hereto, embodies the whole
agreement of the parties hereto and there are no promises, terms, conditions or obligations other
than those contained or incorporated hereto This agreement shall supersede all previous
communications, representations or agreements, either verbal or written, between the parties
hereto
13 This agreement shall not be assigned by Owner w~thout the express written consent
of City
14 Any and all suits for any breach of this contract, or any other suit pertmnmg to or
arising out of this agreement, shall be brought and maintained in a court of competent juris-
diction tn Denton County, Texas
Executed this the
Water Mare Pamclpanon Agreement - D~eter Schwarz - Page 3
OWNER-DIETER SCHWARZ BY NR & RJ
PROPERTIES L P HIS ATTORNEY IN FACT
BY NR & RJ PROPERTIES G P I'NC
GENERAL PARTNER
Nick R~am{ondo, President
ATTEST:
BY
CITY OF DENTON, TEXAS
ACKNOWLEDGEMENT
TERRA/BAIN, INC (DEVELOPER)
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
F ~har~d\doptXLOL\Our Dooumont s\Contraotsx9 BXD~oter Schwarz water mare cost agreement doc
Water lVlmn Part~¢~patton Agreement - Dieter Schwarz - Page 4
EXHIBIT I
.,: ~ ;illl
EXHIBIT II
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