2009-095ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AND
APPROVING A FIRST EXTENSION TO THE "AGREEMENT BY AND BETWEEN THE
CITY OF DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISION OF
SANITARY SEWER AND WATER FACILITIES" ENTERED INTO BY THE PARTIES ON
THE 5TH DAY OF JUNE, 2007; PROVIDING THE CITY MANAGER WITH AUTHORITY
TO PERFORM SAID FIRST EXTENSION AND TO EXPEND FUNDS AS NECESSARY;
PROVIDING AN EFFECTIVE DATE;
WHEREAS, the City of Denton, Texas and Denton 288 L.P., a Texas Limited
Partnership have entered into a "First Extension to the Agreement by and between the City of
Denton, Texas and Denton 288, L.P., a Texas Limited Partnership" (hereafter the "First
Extension") for a further two-year term, from and after June 5, 2009 providing for the mutual
costs and responsibilities of the parties regarding their mutual obligations regarding the
furnishing of sewer and water facilities in a certain approximate 2121 acre tract of land, within
the City of Denton, commonly known as the "Hills of Denton;" and
WHEREAS, the City believes that the First Extension is in the best interests of the City
and provides for the measured water and sewer growth of a new development north of the City
of Denton, and further that a valid governmental purpose is served by said First Extension; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to execute a "First Extension to the
Agreement by and between the City of Denton, Texas and Denton 288, L.P., a Texas Limited
Partnership" for a period of an additional two-years from and after June 5, 2009 and ending on
June 5, 2011, regarding that same real property more particularly described in the "Agreement by
and between the City of Denton, Texas and Denton 288, L.P. for the Provision of Sanitary Sewer
and Water Facilities" in substantially the form of the First Extension which is attached hereto
and made a part of this ordinance for all purposes; as well as to exercise all rights and duties of
the City of Denton, Texas under the First Extension.
SECTION 2. The City Manager is hereby authorized to expend funds as necessary as
provided for in the First Extension.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the S~
~ day of '2009.
atAB OU H , YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED A O LEGAL FORM:
ANITA BURGESS, CITY ATTQRNEY
By:
Page 2
STATE OF TEXAS
COUNTY OF DENTON
FIRST EXTENSION TO THE AGREEMENT BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND DENTON 288, L.P.
FOR THE PROVISION OF SANITARY SEWER AND WATER FACILITIES
This FIRST EXTENSION, is made and entered into this thes~ay of ,
2009, but is effective from and after the 5t' day of June, 2009, by and between the City of
Denton, a Texas municipal corporation, with its principal offices at 215 East McKinney, Denton,
Texas 76201, hereinafter referred to as "City"; and DENTON 288, L.P., a Texas Limited
Partnership with its principal offices at hereinafter referred
to as "Developer."
WITNES SETH
WHEREAS, City and Developer find it necessary and appropriate to agree to this First
Extension to the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for
the Provision of Sanitary Sewer and Water Facilities" (hereafter the "Agreement") heretofore
entered into by the parties on the 5t' day of June 2007; and
WHEREAS, this First Extension will extend the applicable provisions of the June 5, 2007
Agreement, from and after June 5, 2009, the end of the agreement's primary term, for a period of
two additional years, until June 5, 2011; and
WHEREAS, City and DENTON 288 are willing to extend the term of said Agreement so
that development of the affected real property may continue to be pursued under the terms of the
June 5, 2007 Agreement; and
NOW, THEREFORE, in consideration of the promises and the mutual obligations herein,
the parties hereto do hereby mutually AGREE as follows:
1. This First Extension shall be for a term of an additional twenty-four (24) months,
beginning effective June 5, 2009 and ending on June 5, 2011. This First Extension may
terminate sooner in accordance with the provisions of the Agreement of June 5, 2007.
2. Full and accurate records shall be maintained by Developer at its place of
business with respect to all matters covered by the Agreement and this First Extension. Such
records shall be maintained by Developer for a period of at least three (3) years after the date of
termination of this First Extension.
3. City and Developer agree that they will use their best efforts to resolve any
dispute(s) regarding the Agreement and First Extension, through the use of negotiation. In the
event that the dispute(s) cannot be resolved, then the parties agree that mediation or other forms
of alternate dispute resolution as are set forth in Chapter 154 of the Texas Civil Practice and
Remedies Code shall be pursued.
4. Unless expressly modified by this First Extension all of the terms and provisions
of the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the
Provision of Sanitary Sewer and Water Facilities" shall remain in full force and effect.
5. This First Extension shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives, successors, and
assigns where permitted by this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas, has caused this Agreement to be
executed by its duly authorized City Manager; and Developer has ,executed this Agr ement
through its duly authorized undersigned partner, dated this the 2/-9-'day of 2009;
but to be effective, confirmed and ratified as of the 5t' day of June, 2009.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
*GOR E C. CAMPBELL,
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: L-- I OL L& -4--)
APP VEDA TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"DEVELOPER"
DENTON 288, L.P.
A Texas d Pa rship
3y ec: as GP, IG
~r Gc c:rta~ An-r..rt
By:
GLr'~E'S D o~+ OE !LC
ATTEST:
By: