2008-005ORDINANCE NO. 2008- 67
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND ROBSON DENTON DEVELOPMENT L. P. FOR THE CITY'S
PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(IN THE NOT-TO-EXCEED AMOUNT OF $247,308.26)
WHEREAS, the City desires to participate in the cost of oversizing water mains to be
designed, installed, and constructed by Robson Denton Development L.P. in an amount not to
exceed Two Hundred Forty Seven Thousand Three Hundred Eight Dollars and 26/100 Cents
($247,308.26), in accordance with the applicable provisions of the City of Denton
Development Code, §35.21.9.1 and 35.21.9.2; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a Water Main Cost
Participation Agreement Between the City of Denton, Texas and Robson Denton
Development, L.P. (the "Agreement") for the oversizing of approximately 3,150 linear feet of
thirty ("30") inch water main to a thirty-six ("36") inch water main; substantially in the form
of the attached Agreement, which is incorporated herewith and made a part of this ordinance
for all purposes; subject to Robson Denton Development, L.P. entering into a Development
Contract with the City of Denton, in accordance with the Denton Development Code,
§35.16.20.2.
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 RA day of 12008.
PE R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED tAO LEGAL FORM:
EDWIN M. (S~NYDER, CITY ATTORNEY
By: l~I,~J~
THE STATE OF TEXAS
COUNTY OF DENTON
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND ROBSON DENTON DEVELOPMENT L.P.
WHEREAS, Robson Denton Development LP., hereinafter referred to as
"Developer", whose business address is 9532 E. Riggs Road, Sun Lakes Arizona 85243,
wishes to develop and improve certain real property named the "Robson Ranch
Dovelopment" (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 water transmission capacity by designing,
constructing and installing a water line of an inside diameter of 30 inches (30"), 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 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 covenants
contained herein the Developer and the City do hereby AGREE as. follows:
I. Developer shall design, install, and construct, approximately 3,150 linear feet of
thirty six Inch (36") water distribution line, and all necessary appurtenances thereto, hereafter
referred to as the "Oversized Facilities" as shown on Exhibit 1, attached hereto and
incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Facilities. This Development Contract is attached hereto as Exhibit II and
incorporated herewith by reference. This Agreement is subject to and governed by said
Development Contract and 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
Two hundred and forty-seven thousand three hundred Eight & 26/100 Dollars ($247,308.26),
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; Developers 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 can make monthly payments for its share of the Oversized Facilities
or make a lump sum payment for its share of the Oversized Facilities once the improvements
have been completed and accepted by the city. If monthly payments are requested, 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 ten percent (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. If a lump sum
payment option is selected by the Developer, the Developer shall submit an invoice for
payment for the city's share of the Oversized Facilities once the improvements have been
completed and accepted by the city. The Developer's engineer shall verify that the final pay
request is correct. The pay request, along with the engineer's verification, shall be submitted
to the Engineering & Transportation Department of the City. 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.
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 Director of Water Utilities for the 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 date of execution of this Agreement, this Agreement shall
terminate.
2
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. 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 counterpa by the duI -authorized officials and officers
of the City and the Developer, on this the day of 1200S.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
L_
By
¢ h City Manager
y*
G"T
ATTEST:
jENNLFER WALTERS, CITY SECRETARY
By:
APPR ED AS O LEGAL FORM:
Edwin M. Snyder, City Attorney
By:
"DEVELOPER"
ATTEST:
Robson Denton Development, L.P.
,
By. _Alo
By:
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