21-202DocuSign Envelope ID: A68&+71&AB37+27&B9B:h231E7067A2AB
ORDINANCE NO. 21-202
AN ORDNANCE OF THE CITY OF DENTON AUTHORIZiNG THE INTERIM CITY
MANAGER TO EXECUTE A WASTEWATER MAIN COST PARTICIPATION AGREEMENT
WITH SAGEBROOK DENTON LP, (“SAGEBROOK”) FOR THE CITY’S PARTICIPATION N
THE OVERSIZING OF WASTEWATER MAINS IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (IN THE NOT-TO-EXCEED
AMOUNT OF $216,000.00).
WHEREAS, the City desires to participate in the cost ofoversizing wastewater mains to be
designed, installed, and constructed by Sagebrook, in an amount not to exceed Two Hundred Sixteen
Thousand and 00/100 Dollars ($216,000.00), 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 Interim City Manager is authorized to execute a “Wastewater Main Cost
Participation Agreement” between the City of Denton and Sagebrook for the oversizing of
approximately 3,521 linear feet of ten-inch (10”) to fifteen-inch (15”) wastewater 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 Sagebrook, entering into a Development
Contract with the City of Denton, in accordance with Section 35.16.20.B ofthe Denton Development
Code, as amended, of the City of Denton, Texas.
SECTION 2. The Interim City Manager of the City of Denton, Texas, 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.
The motion to approve this ordinance was made by 3es5e Oa d\ S and seconded by
oe b bC fY\\ n+ C/ f , the ordi) by the following
vote [k-M :
Aye
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V
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis. District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
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DocuSign Envelope ID: A68@+71&AB37427&B9B:b231E7067A2AB
PASSED AND APPROVED this the Ike day of fYlde'&_, 2021.
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ATrEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATrORNEY
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DocuSign Envelope ID: A688471 &AB37+27&B9B:b231 E7067A2AB
THE STATE OF TEXAS §
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§cou}frY OF DENTON
WASTEWATER UTILITIES COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
SAGEBROOK DENTON LP
WHEREAS, Sagebrook Denton General a Texas Limited Partnership, hereinafter
referred to as “Developer,” whose business address is 218 W. Wall Street, Grapevine, Texas
7605 1, wishes to develop and improve certain real property (as shown in Exhibit A, attached
hereto, the “Property”), located in the City of Denton, Texas or its extratenitorial jurisdiction;
and is required to provide such real property with adequate wastewater capacity by designing,
oonstructing, and installing a wastewater line of an inside diameter of U inches W),
hereinafter referred to as the “Required Facilities;” and
WHEREAS, the City of Denton, a Texas Home-Rule Municipal Corporation,
hereinafter referred to as the “City,” with its offices located at 215 East McKinney Street,
Denton, Texas 76201, 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 utility system and insure adequate utility service to other customers;
NOW, THEREFORE, in consideration of the mutual promises and oovenants
contained herein the Developer and the City do hereby AGREE as follows:
1. Developer shall design, install, and construct, approximately 3,521 linear feet of
fifteen-inch (15”) wastewater line and all necessary appunenances thereto, hereafter
referred to as the “Oversized Facilities” as shown on Exhibit B, attached hereto and
incorporated herein by reference.
2. This Agreement is subject to and governed by the Denton Development Code
and any other applicable ordinances of the City of Denton.
3. Developer shall obtain, at Developer’s sole cost and expense, all necessary
permits, licenses, and easements. The easements, deeds, and plats therefor obtained by the
Developer shall be reviewed and approved as to form and substanoe by City. If the
Developer is unable to acquire needed easement$ the 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 the 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 Two
Hundred Sixteen Thousand and 00/100 Dollars ($216,000.00), the maximum participation
cost allowed herein.
5. The Director of Water Utilities or his designee shall determine the appropriate
level of oost participation by the City based upon the incremental cost between the
Developer’s Required Facilities and the City’s requested Oversized Facilities. This cost
DocuSign Envelope ID: A68&i71&AB37427&B9B:b231E7067A2AB
determination shall be based upon recent bids for similar facilities and/or cost estimates
prepared by the City’s engineering stafF. If the City cannot justify the costs involved in any
such contract where City funds or pro-rata repayment is involved, the City shall have the
option and right to submit the proposal for sealed bids, and the Developer shall pay its
proportionate share of the acceptable low bid. Final approval of all oversize participation
agreements between the City and the Developer shall come from the City Council after
rwommendation from the Public Utilities Board unless the participation amount is less than
the expenditure level authorized by the City Manager.
6. The City shall not, in any case, be liable for any additional oost 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; the 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.
7. Final payment to the Developer for oversize participation by the City shall
occur within sixty (60) days of the completion of the construction of the Oversized Facilities
or City Council’s approval whichever is later, but in no case until after the parties have
entered into a Development Contract for Public Improvements.
8. To determine the actual cost of the Oversized Facilities, City shall have the
right to inspect any and all records of the Developer, its agents, employees, contractors, or
subcontractors, and shall have the right to require the Developer to submit any necessary
information, documents, invoices, receipts, or other records to verify the actual cost of the
Oversized Facilities.
9. All notices, payments, or communications to be given or made pursuant to this
Agreement by the parties hereto shall be sent to the Developer at the business address given
above and to the City Manager for City at the address given above.
10. TIle 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 the Developer, its officers,
agents, employees, invitees, contractors, or other persons with regard to the performance of
this Agreement; and the Developer shall, at its own cost and expense, defend and protect City
against any and all such claims and demands.
11. 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.
12. This Agreement shall not be assigned by the Developer without the express
written consent of the City.
13 Any and all suits for any breach of this Agreement, or any other suit pertaining
2
DocuSign Envelope ID: A688+71&AB37+27&B9B:F231E7067A2AB
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 undersigned duly.-authorized
omcials ,and omcers of' the City and the developer, on this the 1 kW day offY\cfC b , 2021,
A Texas Municipal Corporation
CITY OF DENTON
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SARA HENS
INTERIM CITY MANAGgR
ATIEST:
ROSA RIOS, CITY SECRETARY at 1111111
,”
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
Deputy Director Water/Wastewater
Title
Water Utilities
Departurent
Date Signed: 3/1 1/2021
AARON L]
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
DocuSign Envelope ID: A688471&AB37427&B9B:h231E7067A2AB
SAGEBROOK DENrON LP
A Texas Limited Partnership
By:’r mMNamePL
Title == 11 . BobDate€igned:
STATE OF TEXAS §
§
§COUNTY OF DENTON
was acknowledged before me on the Way of MIrA 2021, by
Sagebrook Denton LP, a Texas Limited Partnership.
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NotaFY Public. St•te of Texas
Comm. Expires
Not8ry ID t 25218977
DocuSign Envelope ID: A688471 &AB37427&B9B:b231 E7067A2AB
Exhibit A – Property (Site Plan)
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DocuSign Envelope ID: A68&471&AB37427&B9B$231 E7067A2AB
Exhibit B – Oversized Water/Sewer Lines
SC 4LE; I„ - 500'