1992-146ALL00302
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF DENTON AND EXPOSITION MILLS OF TEXAS,
INC.; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, with the adoption of Resolution 92-022, the City
Council approved the request of Exposition Mills of Texas, Inc. for
city funding of the construction of water and sewer lines, pursuant
to the city's economic development policies, including the infra-
structure financing, of the Denton Development Plan; and
WHEREAS, Exposition Mills having been selected as a candidate
for funding pursuant to the Infrastructure Financing Policy; and
WHEREAS, the city Council finds and determines that Exposition
Mills' development of real property situated in Denton will encour-
age development and provide economic benefits to the city of Denton
through increased sales tax revenues and job opportunities; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to exe-
cute an agreement between the city and Exposition Mills of Texas,
Inc. on behalf of the City, a copy of which is attached hereto.
SECTION II. That the expenditure of funds for in the manner
and amount as specified in the agreement is hereby authorized.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval./p~
PASSED AND APPROVED this the/- day o~992.
/
/
ATTEST: SECRETARY /
JENNIFER WALTERS, CITY
DEBRA A. DRAYOVITCH, CITY ATTORNEY
W~TER AND SEWER F~CILZTY COST p2~.TXCIPATXON ~GREEHEHT
BETwEEN TwB CITY OF DEHTON ~ R,~Iq3~Z~ MZLLS OF TEXAS, INC.
WHEREAS, Exposition Mills of Texas, Inc., hereafter referred
to as ,'Developer, whether one or more, whose business address is
5000 Thanksgiving Tower, Dallas, Texas, 75201, wishes to develop
and improve certain real property located in the City of Denton,
Texas, or its extraterritorial Jurisdiction, and is required to
provide such property with adequate watsr and sewer by designing,
constructing and installing a 12" water line and an 8" sewer line
to serve the subject property, hereafter referred to as "re-
quired facilities"; and
WHEREAS, the city of Denton, a municipal corporation located
at 215 E. McKinney, Denton, Texas, 76201, hereafter referred to
as ,,citY", in accordance with its ordinances and policies, wishes
to participate in the cost of the construction of said required
facilities to expand its utility system and insure adequate
utility service to other customers, and to facilitate local
economic growth, expand the city's tax base and to create a wide
range of employment opportunities;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and city agree as follows:
1. Developer shall design, install and construct:
A. An 8" inside diameter size sewer line of approx-
imately five hundred thirty eight (538) feet in
length.
B. A 12" inside diameter size water line of approxj
imately four thousand four hundred fifty (4,450)
feet in length.
and all necessary appurtenances thereto, located as shown on
Exhibit "A", attached hereto and incorporated herein by refer-
ence.
2. Prior'to beginning construction of the oversized facil-
ities, Developer shall obtain, at Developer's sole cost and ex-
pense, all necessary permits, licenses, and easements necessary
to construct the improvements. If easements are needed, the
deeds therefore obtained by Developer shall be reviewed and ap-
proved.as to form and substance by city prior to beginning of
construction. Any easements for the required facilities obtained
by the Developer shall be assigned to City, if not taken in
city's name, prior to acceptance of the required facilities, and
COST PARTICIPATION AOREEMENT / EXPOSITION MILLS OF TEXAS, INC.
PAGE 1
Developer warrants clear title to such easements and will defend
City against any adverse claim made against such title.
3. The City shall share in the cost of the required
facilities based upon competitive bids received on July 9, 1992,
in an amount not to exceed=
A. Twelve thousand and ninety-five dollars and no
cents ($12,095.00) for sewer lines.
B. Ninety-four thousand nine hundred sixty-three
dollars and thrity-three cents ($94,963.33) for
water lines.
City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing con-
struction~ 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 9er linear feet of pipe or materials needed
for thee'required facilities~ Developer's decision as ~o the con-
tractors or subcontractors used to perform the work; or any other
reason or cause, specified or unspecified, relating to the
construction of the required facilities.
4. Within thirty (30) days of the acceptance of the facil-
ities by the City, Developer shall submit to the City's Executive
Director of Utilities satisfactory documentation evidencing the
expendiltures for the completion of the required facilities.
Should the actual cost of the required facilities be less than
the cost on which the city's share was determined, the 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 required facilities and the determined cost for required
facilities. TO determine the actual cost of the required facil-
ities, iCity shall have the right to inspect any and all records
of Developer, his agents, employees, contractors or subcontrac-
tors and shall have the right to require Developer to submit any
necessaryinformation, documents, invoices, receipts or other
records to verify the actual cost of the required facilities.
5. Withi~ithirty (30) days of the date the Developer has sub-
mitted satisfactory documentation of the actual cost of the
required facilities, City shall pay the Developer in full an
amount based upon the actual cost of constructing the facilities,
up to a maximum of twelve thousand and ninety-five dollars and no
cents ($12,095.00) for sewer lines and ninety-four thousand nine
hundred sixty-three dollars and thirty-three cents ($94,963.33)
for water lines for a total not to exceed one hundred seven
thousand fifty-eight dollars and thirty-three cents
($107,058.33).
COST PARTICIPATION AGREEMENT / EXPOSITION MILLS OF TEXAS, INC.
PAGE 2
6. 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.
7. 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, contractor or other
persons with regard to the performance of this agreement, and
Developer will, at its own cost and expense, defend and protect
city against any and all such claims and demands.
8. If Developer does not begin substantial construction of
the required facilities with twelve (12) month of the date of
execution of this agreement, this agreement shall terminate.
9.' In consideration of the City's agreement to pay
Developer as set forth herein, Developer shall submit a written
report to the City fifteen months after the date Developer
received payment from the city. This report shall include the
number of employees then employed by Developer and its lessees
situated on the property described in Exhibit A, and the amount
of sales tax paid by Developer and its lessees resulting from its
business activities in Denton during the preceding twelve months.
10. This instrument e~bodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein. This agreement
shall supersede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
11. This agreement shall not be assigned by Developer
without the express written consent of city.
12. A~y and all suits for any breach of this contract, or
any other suit pertaining to or arising out of the contract,
shall be brought and maintained in a court of competent
jurisdiction~in'Denton Count~, Texas. f%
Executed this the~day of ~~__, 1992.
EXPOS~TION~ILLS OF TEXAS, INC.
BY:~
COST PARTIOIPATION AGREEMENT / EXPOSITION MILLS OF TEXAS, INC.
PAGE 3
ATTEST:
SECRETARY
CITY OF DENTON, TEXAS
ATTEST: BOB CASTLEBERRY, MAF
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
AL~002B6
COST PARTICIPATION AGREEHENT / EXPOSITION MILLS OF TEXAS, INC.
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