1992-071e lodge ocd
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, 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 Lodge Construction Company 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 approval
BOB CASTLEBERRY, MAYOR/
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROV TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
DENTON AND LODGE CONSTRUCTION
COUNTY OF DENTON § COMPANY, INC
WHEREAS, Lodge Construction Company, Inc , hereafter referred
to as "Developer," whose business address is 15303 Dallas Parkway,
Suite 1310, Dallas, Texas, 75248, wishes to develop and Improve
certain real property named Estates of Forrestrldge, Section I (as
described in Exhibit I, attached hereto and incorporated herein by
reference), located in the City of Denton, Texas or its extrater-
ritorial 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 diameter of eight
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
its utllity 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 facll~tles", located as shown
on Exhlblt 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 Thls
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 oversized facili-
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 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
WATER MAIN PARTICIPATION AGREEHENT / LODGE CONSTRUCTION CO INC
PAGE 1
oversized faclllt~es 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 tltle
4 The city's share in the cost of the oversized facilities,
based upon the difference in the cost of lnstall~ng required
facilities and the cost of the oversized facllltles, shall not
exceed Twelve Thousand Six Hundred Dollars ($12,600 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
competitively bid the required l~ne and the over-
sized facilities in accordance with Chapter 252 of
the Local Government Code The difference in the
bids shall be used to determine the C~ty's share,
subject to the City's maximum participation in cost
as speclfled in this Agreement, or
b) The Developer shall prepare plans and specifica-
tions and take bids on the required l~ne and the
oversized facilities The C~ty shall pay the
Developer the smallest amount of the following
(1) The difference in the bids for the required
l~ne and the oversized facility,
(2) Thirty percent of the bid on the oversized
faclllty, as provided for ~n Section 212 072
of the Local Government Code, or
(3) $12,600, the maximum participation cost al-
lowed herein
The City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing construc-
tion, changes in the price or cost of materials, supplies, or
labor, unforeseen or unanticipated cost because of topography,
soll, subsurface, or other site conditions, d~fferences ~n the
calculated and actual per linear feet of p~pe 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 HAIN PART[C]PATION AGREEHENT / LODGE CONSTRUCTION CO I#C
PAGE 2
5 Within thirty (30) days of the acceptance of the facili-
ties by the City, Developer shall submit to the City's Director of
Utllltles 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 difference of the actual cost of the oversized fac~llties
and the determined cost for required facllltles To determine the
actual cost of the oversized facilitles, C~ty shall have the r~ght
to Inspect any and all records of Developer, his agents, employees,
contractors or subcontractors and shall have the right to requlre
Developer to summit any necessary information, documents, 1Rvolces,
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-
mltted satisfactory documentation of the actual cost of the over-
s~zed facilities, as determined by City, City shall pay to Devel-
oper its share of the cost thereof
7 All notices, payments or communications to be glven or
made pursuant to this Agreement by the parties hereto, shall be
sent to Developer at the business address given above and to the
D~rector of Utilities for the 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, ~ts officers, agents,
employees, invitees, contractors or other persons with regard to
the performance of this Agreement, and Developer w~ll, a its own
cost and expense, defend and protect Clty against any and all such
claims and demands
9 If Developer does not begin substantial construction of
the oversized facilities w~thln twelve (12) months of the effective
date of thls Agreement, th~s Agreement shall terminate
10 Th~s ~nstrument embodies the whole Agreement of the par-
ties hereto and there are no promises, terms, conditions or obliga-
tions other than those contained here~n This Agreement shall
supersede all previous communlcations, representations or Agree-
ments, either verbal or written, between the parties hereto
11 This Agreement shall not be assigned by Developer w~thout
the express written consent of city
WATER HAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC
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 malntalned in a court of competent Jurisdiction in
Denton County, Texas
DL~ ~E..~ NSTRUCTION COMPANY, INC ,
1~ ~ ~lzadeh, Vice President
ATTEST
CITY OF DENTON
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED TO LEGAL FO~,
DEB~ A D~YOVITCH, CITY ATTORNEY
WATER HAIN PARTICIPATION AGREEHENT / LODGE CONSTRUCTION CO
PAGE 4