2015-280ORDINANCE NO. 2015 -2$Q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE
CARNEGIE HOLDING COMPANY, LLC., D /B /A CHC DEVELOPMENT, LLC. FOR THE
CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS; AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (NOT -TO- EXCEED $33,304).
WHEREAS, the City desires to participate in the cost of oversizing sewer mains to be
designed, installed, and constructed by the owner of the real property, Country Lakes West,
LLC, in an amount not to exceed Thirty Three Thousand Three Hundred and Four Dollars
($33,304), in accordance with the provisions of Section 35.21.9.1 of the Denton Development
Code, as amended, and Texas Local Government Code §212.072; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a "Sewer Main Cost
Participation Agreement between the City of Denton, Texas and Carnegie Holding Company,
LLC, d /b /a/ CHC Development, LLC., for the oversizing of approximately 1,200 linear feet of
on -site ten -inch (10 ") to eighteen -inch (18 ") sewer mains; substantially in the form of the
attached Agreement, which is incorporated herewith and made a part of this ordinance for all
purposes; subject however, to Carnegie Holding Company, LLC, d /b /a CHC Development, LLC.
entering into a Development Contract with the City of Denton, in accordance with Section
35.16.20.3 of the Denton Development Code, as amended, of the City of Denton, Texas.
SECTION 2. The City Manager is hereby authorized to make the expenditures as set
forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of m , 2015.
WATTS, MAYOR
APPROVED AS TO LEGAL FORM:
ANITA 13,UW]ESS, CIT''r'' ATTORNEY
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON AND mI ARN[J,(31 E HOLDING CO:MP N 1 .0 1 /B /r
CHC DEVELOPMENT, LLC
WHEREAS, the Carnegie Holding Company, LLC, d/b /a CHC Development, LLC
hereinafter referred to as "Developer ", whose business address is 608 8th Avenue, Fort Worth,
Texas 76104, wishes to develop and improve certain real property named "Country Lakes
West Phase I" owned of record by Country Lakes West, LLC (as shown 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 real property with adequate
collection capacity by designing, constructing and installing a sanitary sewer main of an
inside diameter of eighteen- inches (18 "), hereinafter referred to as the "Required Facilities ";
and
WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City," in
accordance with Section 35.21.9 of the Denton Development Code, as amended, and its
ordinances, wishes to participate in the cost of the construction and installation of said
sanitary sewer main 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 the Developer and the City AGREE as follows:
1. Developer shall design, install, and construct approximately 1,208 linear feet of
eighteen- inches of sewer main of which 8- inches of said sewer main shall be eligible for
oversize cost participation. The 1,208 linear feet of sewer main, together with 6 new
manholes, and all necessary appurtenances thereto, hereafter referred to as the "Oversized
Facilities" are as shown on Exhibit I, attached hereto and incorporated herein by reference.
2. As required by Section 35.21.9 of the Denton Development Code, Developer
will enter into a Cost Participation Agreement with the City prior to beginning of construction
of the Oversized Facilities. This Agreement is subject to and governed by any other
applicable ordinances of the City of Denton, Texas.
3. Prior to beginning of construction of the Oversized Facilities, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements.
The easements, deeds, and plats therefor obtained by Developer 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 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. City's share in the cost of the Oversized Facilities is based upon the difference in
the cost of installing Required Facilities, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be in an amount not -to- exceed thirty-three thousand
three hundred and four dollars ($33,304.00). City may elect one of the following methods to
determine City's share of the cost:
a) Developer shall prepare plans and specifications and furnish them to City. City shall
competitively bid the required line and the Oversized Facilities in accordance with
Chapter 252 of the Texas Local Government Code. The difference in the bids shall be
used to determine the City's share, subject to City's maximum participation in cost as
specified in this Agreement; or
b) Developer shall prepare plans and specifications and take bids on the required line and
the Oversized Facilities. City shall pay Developer the least amount of the following:
(1) The difference in the bids for the required line and the Oversized Facilities; or
(2) Participation by the City at a level not to exceed One Hundred percent
(100 %) of the total cost for any oversizing of improvements required by the
City, including, but not limited to increased capacity of improvements to
anticipate other future development in the area, all as provided for in
§212.072(b) of the Texas Local Government Code, as amended: or
(3) $33,304.00, the maximum participation cost allowed herein.
The 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 conditions; differences in the calculated and actual per linear feet of pipe or
materials needed for the Oversized Facilities; Developer'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 Oversized Facilities.
5. The City will make monthly payments for its share of the Oversized Facilities.
The Developer shall submit monthly pay requests on forms provided by the City. The
Developer's engineer shall verify that each pay request is correct. Each pay request, along
with the engineer's verification, shall be submitted to the Engineering & Transportation
Department of the City. The City will retain 10% of the total dollar amount until the project
is accepted. Payment by the City to the Developer will be made within thirty (30) days of
receipt of the pay estimate and the engineer's verification.
6. 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 right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities.
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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 given
above and to the Assistant City Manager for Utilities for 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, its officers, agents,
employees, invitees, contractors or other persons with regard to the performance of this
Agreement; and Developer shall, at 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
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate.
10. This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contained or incorporated
herein. This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement.
11. This Agreement shall not be assigned by Developer without the express written
consent of the City.
12. The entity that is to be paid under this Agreement is the record owner, Country
Lakes West, LLC.
13. Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County, Texas. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas.
EXECUTED in duplicate original counterparts by the duly authorized officials and
officers of the City of Denton, Texas and the Developer, on this the 15, day of
2015.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
�.�
By,
George C, ,
y �
Campbell, Manager
p a� M Ma r
3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
:P 14 V E D Al,- TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B
y
ATTEST:
APPROVED AS TO LEGAL FORM:
LEE
"DEVELOPER"
CARNEGIE HOLDING COMPANY, LLC
DB /A CHC DEVELOPMENT
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