1998-389AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR
DEVELOPMENT, LTD FOR PARTICIPATION IN THE OVERSIZiNG OF A SEWER MAIN AND
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE
DATE
WttEREAS, the City wtshes to part~mpate m the cost of overmzmg a sewer mare to be designed,
installed, and constructed by Bel Air Development, Ltd in an amount not to exceed fitteen thousand nine
hundred fif~, three dollars and fifty cents ($15,953 50), in accordance with {}34-118(b)(2) of the Code of
Ordinance 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
Sewer Main Cost Partimpat~on Agreement between the City and Bel Air Development, Ltd for the
overmzmg ,of a twelve (12) tach sewer line to a fifteen (15) inch sewer line, substantially ~n the form of
the attached Agreement, which is made a part of this ordinance for all purposes, subject to Bel Air
Develoment, Ltd, entering into a Development Contract with the City, ~n accordance with Chapter 34 of
the Code of Ordinances of the City of Denton
SI~CTION II. That the Ctty Manager is hereby authorized to make the expenditures as set forth in
the attached Agreement
SECTION III, That this ordinance shall become effective immediately upon its passage and
approval'
PASSED PROVED thisthe/ ¢day
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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THE STATE OF TEXAS § SEWER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND BEL AIR DEVELOPMENT,
LTD
WHEREAS, ,Bel 3ar Development, Ltd hereafter referred to as "Developer," whose
business address is 12225 Greenville Avenue, State 118, Dallas, Texas, wshes to develop and
improve certain real property named Beverly Park Estates, Phase I (as shown in Exlublt I,
attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its
extraterntonal junsdictron, and is required to provide such property with adequate collection
capacity by desigmng, constructing and installing a sewer line of a minimum inside diameter of
twelve inches (12"), hereafter referred to as "required facilities", and
WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East
McKanney, 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 smd water
main to provide for an "oversized" water mann 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, Owner and City agree as follows
1 Owner shall design, install and construct a fifteen (15) inch sewer mare and all
necessary appurtenances thereto, hereafter referred to as "oversized facilities," located as shown
on Exhibit II, attached hereto and incorporated herein by reference
2 As reqmred by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Owner has entered into a Development Contract prior to begmmng construction of the oversized
facilities This Development Contract is attached hereto as Exhibit III and incorporated herein
by reference Tlus Agreement is subject to and governed by flus Development Contract and any
other appheable ordinances of City
3 Pnor to beginning construction of the oversized faeihties, Owner shall obtann, at
Owner's sole cost and expense, all necessary permits, licenses and easements The easements,
deeds and plats therefor obtained by Owner shall be reviewed and approved as to form and
substance by City prior to the begmmng of construction If Owner is unable to acqmre needed
easements, Owner shall provide City vath 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 obtanned by the Owner shall be
assigned and dedicated to City, if not taken in City's name, prior to acceptance of the oversized
facilities, and Owner warrants clear title to such easements and will defend City against any
adverse clanm made against such title
Sewer Mare Participation Agreement 1
Bel Att Development, Ltd
4 City's share in the cost of the oversized faclhtles, based upon the difference m the cost of
Installing reqmred facilities, as detemuned by City, and the cost of the oversized faclhtles, as
determined by City, shall be in an amount not to exceed Fifteen Thousand Nine Hundred Ftfty
Three Dollars and Fifty Cents ($15,953 50) City may elect one of the following methods to
determine City's share of the cost
a) Owner shall prepare plans and specifications and furmsh them to City
City shall competitively bid the required line and the ovemlzed facilities in
accordance with Chapter 252 of the Texas Local Government Code The
difference in the bids shall be used to deternune City's share, subject to
City's maximum participation In cost as specified In fins Agreement, or
b) Owner shall prepare plans and specifications and take bids on the required
line and the oversized facilities City shall pay Owner the least amount of
the following
(1) The difference m the bids for the required lme and the oversized
faclhtles,
(2) Tlurty percent of the bid on the oversized fatalities, as provided for
In §212 072 of the Texas Local Government Code, or
(3) $15,953 50, the maximum pamclpatlon cost allowed herein
City shall not, tn any case, be hable for any addmonal cost because of delays m begmmng,
contmulng or compleUng construction, changes tn the price or cost of materials, supplies, or
labor, unforeseen or unanticipated cost because of topography, sod, subsurface, or other site
conditions, differences tn the calculated and actual per hnear feet of pipe or materials needed for
the oversized facthttas, Owner's decision as to the contractors or subcontractors used to perform
the work, or any other reason or cause, spemfied or unspecified, relating to the construction of
the oversized facthtles
5 The City shall make monthly payments for its share of the oversized facllmes The
Owner shall submit monthly pay requests on forms provided by the City The Owner's engineer
shall venf~ that the pay request ts correct The request, along with the engineer's verification,
shall be submitted to the Engmeenng & Transportation Department of the City The City will
retmn 10% of the total dollar amount until the project ts accepted and costs are calculated as per
this agreement Payment by the City to the Owner will be made within thirty {30) days of receipt
of the pay'estimate and the engineer's verification
6 Wlttun thirty (30) days of the acceptance of the factlmes by City, Owner shall
submit to City's Director of Utthttes the actual cost of the overmzed faclhttes Should the actual
cost of the oversized facilities be less than the cost upon whmh City's share was determined,
Sewer Mare Part~mpat~on Agreement 2
Bel Air Development, Ltd
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
faclhtles To detenmne the actual cost of the oversized facilities, City shall have the nght to
inspect any and all records of Owners, his agents, employees, contractors or subcontractors and
shall have the nght to reqmre Owner to subnut any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the oversized faclhtles
7 Within sixty (60) days of the date Owner submits satisfactory documentation of
the actual cost of the oversized facihtleS, as determined by City, City shall pay to Owner City's
remmmng share of the cost thereof
8 If the City has made any overpayment of funds as calculated by the terms of this
agreement, Owner shall make any reimbursement to the City Wlflun 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 Utihtles for City at the address g~ven above
10 Owner shall indemnify and hold City, its officers and employees, harmless from any
and all claims, damages, loss or hablhty of any kind whatsoever, by reason of injury to property
or person occasioned by any act or omission, neglect or wrongdoiag of Owner, its officers,
agents, employees, lnvitee, contractors or other persons with regard to the performance of flus
agreement, and Owner will, at its own cost and expense, defend and protect City agmnst any and
all such claims and demands
11 If Owner does not begin substantial construction of the oversized facilities wlflun
twelve (12) months of the effective date of execution of this agreement, 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 contmned or incorporated hereto This agreement shall supersede all previous
commumcatlons, representations or agreements, either verbal or written, between the parties
hereto
13 This agreement shall not be assigned by Owner without the express written consent
of City
14 Any and all suits for any breach of this contract, or any other suit perta~mng to or
arising out of this agreement, shall be brought and maintained in a court of competent juris-
diction in Denton County, Texas
Sewer Mam,PatUclpation Agreement 3
Bel Au' Development, Ltd
BE~T, LTD
BY
ATTEST
CITY OF DENTON, TEXAS
JACkal[ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
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Sewer Mare ParUc~paUon Agreement 4
Bel Air Development, Ltd
BEVERLY PARK ESTATES,PHASE I PLAT
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BEVERLY PARK ESTATES
OVERSIZED FACILITIES
KINGS ROW
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