1992-078e expom~ll o
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND EXPOSITION MILLS OF TEXAS, INC TO PROVIDE
FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is hereby authorized to execute the
attached agreement with Exposition Mills of Texas, Inc to provide
for the construction of an oversized water main
SECTION II That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement
SECTION IV That this ordinance shall become effective
Immediately upon its passage and apprqval
PASSED AND APPROVED this the ~*"day of ~ , 1992
A
BOB CASTLEBERRY, MA~ ~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO~FED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
DENTON AND EXPOSITION MILLS OF
COUNTY OF DENTON § TEXAS, INC
WHEREAS, Exposition Mills of Texas, Inc , hereafter referred
to as "Developer," whose business address is 3400 Thanksgiving
Tower , 1601 Elm Street, Dallas, Texas, 75201, wishes to develop
and improve certain real property in Hlllcrest Center, named
Exposition Mills (as described 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 property with an adequate water supply by designing,
constructing and installing a water main of a minimum inside
d~ameter of elght inches (8"), hereafter referred to as "required
facilities", and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 East McKlnney, 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
said water main to provide for an "oversized" water main to expand
· ts utility system and insure adequate utility service to other
customers,
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 twelve
inch (12") water main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities", located as shown
on Exhibit II, attached hereto and incorporated herein by refer-
ence
2 Prior to beginning construction of the oversized facili-
ties, Developer shall enter into a Development Contract, as re-
quired by Chapter 34 of the Code of Ordinances of City This
Agreement shall be subject to and governed by such Development
Contract, which is incorporated herein by reference, and any other
applicable ordinances of City
3 Prior to beginning construction of the overs~zed faclll-
ties, Developer shall obtain, at Developer's sole cost and expense,
all necessary permits, licenses and easements Easements acquired
by deed or dedicated by plat 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 Clty with any requested documentation of efforts to obtain
such easements, including evidence of negotiations and reasonable
MATER MAIN PARTICIPATION AGREEMENT / EXPOSITION MILLS OF TEXAS INC
PAGE 1
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 The city's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities and the cost of the oversized facilities, shall not
exceed Fourteen Thousand Eight Hundred Fifty Dollars and no Cents
($14,850 00) The Developer shall elect one of the following
methods to determine the City's share of the cost
a) The Developer shall prepare plans and specifica-
tions and furnish them to the City The City shall
competltlvely bid the required line and the over-
sized facilities In accordance w~th Chapter 252 of
the Local Government Code The difference in the
bids shall be used to determine the City's share,
subject to the C~ty's maximum partlclpat~on in cost
as speclfled in this Agreement, or
b) The Developer shall prepare plans and speclflca-
tlons and take bids on the requlred line and the
oversized facilities The City shall pay the
Developer the smallest amount of the following
(1) The difference in the bids for the required
line and the oversized facility,
(2) Thirty percent of the bid on the oversized
facility, as provided for in Section 212 072
of the Local Government Code, or
(3) $14,850 00, the maximum participation cost al-
lowed herein
The City shall not, in any case, be liable for any addltlonal cost
because of delays in beginning, continuing or completing construc-
tion, changes ~n the price or cost of materials, supplies, or
labor, unforeseen or unanticipated cost because of topography,
soil, subsurface, or other site conditions, d~fferences ~n the
calculated and actual per llnear feet of pipe or materials needed
for the oversized facilities, Developer's decision as to the con-
tractors or subcontractors used to perform the work, or any other
reason or cause, specified or unspecified, relating to the con-
structlon of the oversized facilities
WATER MAIN PARTICIPATION AGREEMENT / EXPOSITION MILLS OF TEXAS INC
PAGE 2
5 Within thirty (30) days of the acceptance of the facili-
ties by the City, Developer shall submit to the Clty's Dlrector of
Utilities the actual cost of the oversized facilities Should the
actual cost of the oversized 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 dlfference of the actual cost of the oversized facilities
and the determined cost for required facilities 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 r~ght to require
Developer to summit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the over-
sized facilities
6 Within sixty (60) days of the date the Developer has sub-
m~tted satisfactory documentation of the actual cost of the over-
sized facilities, as determined by City, City shall pay to Devel-
oper · ts share of the cost thereof
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 g~ven above and to the
Director of Utilities for the City at the address given above
8 Developer shall Indemnify and hold C~ty 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, invltees, contractors or other persons with regard to
the performance of this Agreement, and Developer will, a 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 withln twelve (12) months of the effective
date of this Agreement, thls Agreement shall terminate
10 This instrument embodles the whole Agreement of the par-
ties hereto and there are no promises, terms, conditions or obliga-
tions other than those contained herein This Agreement shall
supersede all previous communications, representations or Agree-
ments, either verbal or wrltten, between the parties hereto
11 This Agreement shall not be assigned by Developer without
the express written consent of c~ty
NATER MAIN PARTICIPATION AGREEMENT / EXPOSITION HILLS OF TEXAS
PAGE 3
12 Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this Agreement, shall be
brought and maintained ~n a court of competent jurisdiction
Denton County, Texas
Executed this the ~4~day of ~ , 19q~
EXPOSITION MILLS OF TEXAS , INC
DEVELOPER
ATTEST ~1~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM,
DEBRA A DRAYOVITCH, CITY ATTORNEY
expo pa ~'~
1705 6 2g
WATER MAIN PARTICIPATION AGREEMENT / EXPOSITION MILLS OF TEXAS INC
PAGE 4