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2001-231 ORDINANCENO ~[~/-- ~'~.~ / AN ORDiNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND WYNNE/JACKSON LAKES DEVELOPMENT, L P FOR THE CITY'S PARTICIPATION IN THE OVBRSIZING OF SEWER MAINS AND MANHOLES AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City desires to participate in the cost of overmmng scwor mains and manholes 'to be designed, installed, and constructed by Wynne/Jackson Lakes Development, L P, in an amount not to exceed Eighty Eight Thousand Nine Hundred and Forty and 75/100 Dollars ($88,940 75), in accordance with the provisions of §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and Texas Local Government Code §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute a Sewer Main Cost Participation Agreoment Between the City of Denton and Wynne/Jackson Lakes Development, L P, for the oversmng of approximately 2,885 linear feet of ten inch (10') to eighteen inch (18") sewer mmns, approximately 2,817 linear feet of twelve inch (12") to eighteen inch (18") sewer mains, and approximately twenty-two (22) four foot (4') sewer manholes to five foot (5') sewer manholes, substantially in the form of the attached Agreement, which is incorporated herewith and made a part of th~s orchnance for all purposes, subject to Wynne/Jackson Lakes Development, L P, entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Or&nances of the City of Denton, Texas SECTION 2 That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement SECTION 3 That tbas ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tbas the /q~--~ dayo£ (~,j~ ,2001 EUL1NE BROCK, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordlnances\Ol\Sewer Mare Cost Parc Ord Wynne Jackson Lakes doc THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND WYNNE/JACKSON LAKES DEVELOPMENT, L P. WHEREAS, Wynne/Jackson Lakes Development, L P, hereafter referred to as "Developer", whose busmess address is 600 N. Pearl Street, State 650, L B 149, Dallas, Texa~ 75201 wishes to develop and improve certain real property named "Country Lakes North, Phase 1" (as shown m Exhibit 1, attached hereto and incorporated herein by reference), located m the City of Denton, Texas or tts extratemtonal jurisdiction, and ~s required to prowde such real property with adequate sewer service by designing, constructing, extending, and mstalhng gravity sanitary sewer lines of an inside diameter varying from ten (10") inches to twelve inches (12"), and a number of four (4') foot sewer manholes, hereafter referred to as the "Required Faclhttes", and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McK~nney, Denton, Texas 76201, hereafter referred to as the "City, tn accordance with tts ordinances, wishes to participate m the cost of the construction and installation of said sewer main to prowde for an "oversized" sewer mare to expand its utility system and to insure adequate utd~ty service to other customers, NOW, THEREFORE, in cons~deration of the mutual promises and covenants contained hereto the Developer and the C~ty AGREE as follows 1 Developer shall design, install, and construct approximately 2,885 linear feet of from ten (10") meh to etghteen (18") inch gravity sanitary sewer mares, approximately 2,817 linear feet of from twelve (12") inch to eighteen (l 8") inch gravity sanitary sewer mains, and twenty two (22), four (4') foot to five (5') foot sewer manholes, all being necessary appurtenances thereto, hereafter referred to as the "Overstzed Facdit~es" as shown on Exhibit I, attached hereto and ~ncorporated hereto by reference 2 As reqmred by Chapter 34 of the Code of Ordinances of Cay of Denton, Texas, Developer will enter into a Development Contract prior to begmmng of construction of the Oversized Faetl[t~es This Development Contract is attached hereto as Exhibit Il and incorporated herein by reference This Agreement is subject to and governed by smd Development Contract and any other applicable ordinances of the City of Denton, Texas 3 Prior to beginning of construction of the Oversized Facd~ties, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, hcenses 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 begmmng of construction If Developer is unable to acquire needed easements, Developer shall prowde 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 Facll~ties obtained by the Developer shall be assigned to C~ty, 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 Ctty against any adverse claim made against such t~tle 4 Cay's share m the cost of the Oversized Fac~ht~es Based upon the difference m the cost of mstalhng Required Fatalities, as determined by City, and the cost of the Oversized Facd~t~es, as determined by C~ty, shall be in an amount not to exceed Eighty E~ght Thousand Nme Hundred Forty and 75/100 Dollars ($88,940 75), the maximum participation cost allowed herein The C~ty shall not, m any case, be liable for any additional cost because of delays m begmmng, continuing, or completing construction, changes tn the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, stol, subsurface, or other site conditions, d~fferenees m the calculated and actual per hnear 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 unspeeffied, relating to the construction of the Oversized Facd~ties 5 The City wd[ make monthly payments for its share of the Oversized Famhtles The Developer shall submit monthly pay requests on forms provided by the C~ty The Developer's engineer shall verify that each pay request ~s correct Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the Ctty The C~ty 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 6 To determine the actual cost of the Oversized Facilities, C~ty shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to reqmre Developer to submit any necessary mformat~on, documents, mvomes, receipts or other records to verify the actual cost of the Oversized Facihtles 7 All notices, payments or communications to be g~ven or made pursuant to th~s Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager for Uttl~t~es for City at the address g~ven above 8 Developer shall mdemmfy 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, ~ts officers, agents, employees, mvitees, contractors or other persons with regard to the performance of this Agreement, and Developer shall, at its own cost and expense, defend and protect C~ty against any and all such claims and demands 9 If Developer does not begin substantml construction of the Overstzed Fac~ht~es within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate 10 This instrument embodtes the entire agreement of the part~es hereto and there am no promises, terms, condttions or obligations other than those contained or ~ncorporated herein This Agreement shall supersede all prewous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject 2 matter of thins Agreement l 1 This Agreement shall not be assmgned by Developer w~thout the express written consent of the Oty 12 Any and all sumts for any breach of thins Agreement, or any other sumt pertaining to or arising out of thins Agreement, shall be brought m a court of competent jurtsdmctmon m Denton County, Texas Thts Agreement shall be governed by and construed m accordance wroth the laws of the State of Texas EXECUTED m duphcate original counterpart~ by the duly a~onz~d officmls and officers of the City and the Developer, on th~s the /'TP_.?~ day of(~ ,2001 CITY OF DENTON, TEXAS A Texas Mumcmpal Corporation ~ Mmchael C~nd~fi~ C~r~t~r ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "DEVELOPER" WY. NNE/J~IEI~$O~q LA .KES D.EVELOPMENT, L P a mexas nmteapar~nersmp By' W/d Lakes Development, Inc., By ~ c~e?~a~on~e¢l Partner ATTEST S \Our Documents\Cont racts\01\Scwer Mare Cost part~c~p Agrmt Wynne Jackson Lakes A doc 4 COUNTRY LAKES NORTH PHASE PROPOSED SEWER OVI=RSIZE WATER UTILITY EXHII=~IT I