1990-1582988L
ORDINANCE NO. 8
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN
THE COST OF INSTALLING WATER AND SEWER FACILITIES FOR CAMPING
WORLD DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT;
APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to enter into an agreement
to participate in the cost of providing water and sewer facilities
to the Camping World development pursuant to the City's policy for
extending development plan candidate water and sewer lines, as
adopted by Resolution No. 89-019, March 7, 1989; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Water
and Sewer Facility Participation Agreement, attached hereto,
between the City and Camping World, Inc. to provide for the
City's participation in the cost of providing the water and sewer
facility in accordance with said agreement and the Mayor is
hereby authorized to execute the agreement on behalf of the City.
SECTION II. That the City Council authorizes the expenditure
of funds in the manner and amount as specified in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and aap roval.
PASSED AND APPROVED this day of~ , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVE AS LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
2988L
WATER AND SEWER FACILITY
COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON AND CAMPING WORLD, INC.
WHEREAS, Camping World, Inc., hereafter referred to as
"Developer," whether one or more, whose business address is P.
0. Box 90018, Bowling Green, Kentucky 42102-9018, 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 water and sewer
by designing, constructing and installing a water line of 6", 8"
and 12" size and a sewer line of 8" and 10" size across the
width of subject property and a sewer lift station on the
southern portion of subject property, hereafter referred to as
"required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E. McKinney, 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 required facilities 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, Developer and City agree as follows:
1. Developer shall design, install and construct:
A. A sewer line of 8" and 10" inside diameter size
and approximately six hundred ninety-five (695')
feet in length across the front width of Deve-
loper's property;
B. A sanitary sewer lift station on the southern
portion of Developer's property; and
C. A water line of 611, 8" and 12" inside diameter
size and approximately nine hundred fifty-five
(955') feet in length across the front width of
Developer's property.
and all necessary appurtenances thereto, located as shown on
Exhibit "A", attached hereto and incorporated herein by
reference.
2. Prior to beginning construction of the oversized facil-
ities, Developer shall obtain, at Developer's sole cost and
expense, all necessary permits, licenses and easements. If
easements are needed, the deeds therefore obtained by Developer
shall be reviewed and approved as to form and substance by City
prior to the 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 Developer warrants clear title to such
easements and will defend City against any adverse claim made
against such title.
3. The City's share in the cost of the required facilities,
based upon Resolution No. 90-031 of the City Council dated June
19, 1990, shall be in an amount not to exceed Ninety-three
Thousand Dollars ($93,000.00). However, Eleven Thousand Eight
Hundred Seventy-five Dollars and Twenty Cents ($11,875.20)
allocated in Resolution No. 90-031 to payment for the water and
wastewater lines shall be allocated to pay additional lift
station costs. City shall not, in 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 condi-
tions; differences in the calculated and actual per linear feet
of pipe or materials needed for the required facilities; Deve-
loper 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 required
facilities.
4. Within thirty (30) days of the acceptance of the
facilities by the City, Developer shall submit to the City's
Executive Director of Utilities satisfactory documentation
evidencing the expenditures 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 facilities, City shall have the right to inspect any
and all records of Developer, his agents, employees, contractors
or subcontractors and shall have the right to require Developer
to submit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the
required facilities.
5. Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
required facilities, City shall pay the Developer such amount in
full, not to exceed Ninety-three Thousand Dollars ($93,000.00).
6. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
PAGE 2
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 whatso-
ever, by reason of injury to property or persons occasioned by
any act or omission, neglect or wrongdoing of Developer, its
officers, agents, employees, invitees, contractors 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 within twelve (12) months of the
effective date of execution of this agreement, this agreement
shall terminate.
9. This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein. This agreement
shall supercede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
10. This agreement shall not be assigned by Developer without
the express written consent of City.
11. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction
in Denton County, Texas.
Executed this the . day of dc-d 1990.
CAMPING WORLD, INC., OWNER
BY:
ATTEST:
SECRETARY '
PAGE 3
CITY OF DENTON, TEXAS
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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