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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: PAGE 4