2000-070AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
PRESERVE AT PECAN CREEK PARTNERS, LTD FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF SANITARY SEWER FORCE MAINS AND A LIFT STATION 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 overslzmg samtary sewer force
mares, and a lift station, to be designed, installed, and constructed by The Preserve at Pecan
Creek Partners, Ltd, in an amount not to exceed One Hundred Seventy Thousand Two Dollars
and ninety-seven Cents ($170,00297), in accordance with §34-118(b)(2) of the Code of
Ordinances of the City of Denton, Texas and TEX LOC GOV'T 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 Samtary Sewer Force
Mmn and Lift Statxon Cost Partlcipataon Agreement Between the City of Denton and The
Preserve at Pecan Creek Partners, Ltd for the overslzlng of approximately 3,980 linear feet of
on-site and 4,230 linear feet of off-site sixteen inch (16") samtary sewer force m~un, a lift station,
and all necessary appurtenances thereto, substantially m the form of the attached Agreement,
which is incorporated herewith and made a part of this ordinance for all purposes, subject to The
Preserve at Pecan Creek Partners, Ltd, entenng into a Development Contract with the City of
Denton, m accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas
SECTION 2 That the City Manager is hereby authorized to make the expenditures as
set forth m the attached Agreement
SECTION 3 That tlus ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the 7~'~ dayof (~t~.~'/~ ,2000
JA
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By (~~
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS §
COUNTY OF DENTON §
SANITARY SEWER FORCE MAIN AND LIFT STATION
COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON
AND THE PRESERVE AT PECAN CREEK pARTNERS, LTD.
WHEREAS, The Preserve at Pecan Creek Partners, Ltd heremafter referred to as
"Developer", whose busmess address ~s 4000 West Windsor Drive, Flower Mound, Texas
75028 w~shes to develop and improve certmn real property named "THE PRESERVE AT
PECAN CREEK" (as shown m Exhibit I, attached hereto and incorporated herem by
reference), located m the City of Denton, Texas or its extratemtonal jurisdiction, and is
required to provide such real property with adequate collection capacity by deslgmng,
constructing and lnstalhng a samtary sewer fome mmn of an ~nslde diameter of twelve inches
(12"), and a lift station, hereinafter referred to as the "Required Facflales", and
WHEREAS, the City of Denton, Texas, a Mumc~pal Corporation with ~ts offices
located at 215 East McKlnney, Denton, Texas 76201, hereafter referred to as the "C~ty, m
accordance with ~ts orchnances, w~shes to partlmpate m the cost of the construction and
installation of smd sanitary sewer force main and hft station to provide for an "oversized"
sanitary sewer force mmn to expand Its utility system and insure adequate utility service to
other customers,
NOW, THEREFORE, m consideration of the mutual promises and covenants
contained hereto the Developer and the C~ty AGREE as follows
1 Developer shall design, ~nstall, and construct approximately 3,980 hnear feet of
on-me and 4,230 hnear feet of off-site sixteen tach ("16") force main and lift station and all
necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown
on Exhtblt I, attached hereto and incorporated here~n by reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter mto a Development Contract prior to begmmng of construction of the
Oversized Faclhtles Th~s Development Contract lS attached hereto as Exlublt II and
incorporated herein by reference This Agreement is subject to and governed by smd
Development Contract and any other apphcable ordmances of the City of Denton, Texas
3 Prior to beginning of construction of the Oversized Facilities, Developer shall
obtmn, at Developer's sole cost and expense, all necessary penmts, licenses and easements
The easements, deeds, and plats therefor obtmned by Developer shall be rewewed 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 provide City with any
requested documentation of efforts to obtmn such easements, mcludmg evidence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Facilities obtmned by the Developer shall be assigned to C~ty, if not taken in
City's name, prior to acceptance of the Oversized Facthtles, and Developer warrants clear t~tle
to such easements and will defend C~ty agmnst any adverse clmm made agmnst such title
4 Caty's share in the cost of the Oversazed FacdlUes as based upon the d~fference m
the cost Qf installing Reqmred Factht~es, as determaned by C~ty, and the cost of the Oversazed
Facdltaes, as determined by City, shall be m an amount not to exceed One Hundred Seventy
Thousand Two Dollars and mnety-seven Cents ($170,002 97) C~ty may elect one of the
followmg methods to determine City's share of the cost
a) Developer shall prepare plans and specfficataons and fummh them to C~ty C~ty shall
competmvely bad the reqmred line and the Oversized Facallt~es an accordance wath
Chapter 252 of the Texas Local Government Code The d~fference m the bads shall be
used to determine the C~ty's share, subject to Caty's maxamum pammpataon in cost as
specffied an thas Agreement, or
b) Developer shall prepare plans and spec~ficataons and take bads on the mqmred lane and
the Oversazed Facfl~taes Caty shall pay Developer the least amount of the following
(1) The difference ~n the bads for the reqmred lane and the Oversazed Facfimes, or
(2) Thirty percent (30%) of the b~d on the Oversazed Facflat~es as provaded for an
§212 072 of the Texas Local Government Code or
(3) $170,002 97, the maxamum part~c~patmn cost allowed hereto
The C~ty shall not, m any case, be hable for any addat~onal cost because of delays ~n
begmmng, contmmng, or completmg construction, changes an the price or cost of materials,
supphes, or labor, unforeseen or unant~capated cost because of topography, soft, subsurface,
or other s~te condat~ons, dafferences m the calculated and actual per hnear feet of pape or
materials needed for the Oversazed Facd~taes, Developer's decas~on as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specffied or
unspecffied, relating to the constmctaon of the Oversazed Famht~es
5 The Caty wall make monthly payments for ats share of the Oversized Famlltaes
The Developer shall submat monthly pay requests on forms provided by the Caty The
Developer's engineer shall verify that each pay request as correct Each pay request, along
w~th the engineer's venficataon, shall be submitted to the Engmeenng & Transportataon
Department of the Caty The Caty wall retmn 10% of the total dollar amount until the project
as accepted Payment by the City to the Developer wall be made watlun thirty (30) days of
receapt of the pay estimate and the engineer's venficaUon
6 To determine the actual cost of the Oversized Factht~es, C~ty shall have the right
to ~nspect any and all records of Developer, has agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submat any necessary
~nformat~on, documents, ~nvomes, receapts or other records to verify the actual cost of the
Oversized Faethtles
7 All notaces, payments or commumcataons to be gaven or made pursuant to this
Agreement by the part,es hereto, shall be sent to Developer at the busaness address gaven
above and to the Assastant Caty Manager for Utilities for C~ty at the address g~ven above
8, Developer shall lndemmfy 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
occasaoned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, lnvltees, contractors or other persons with regard to the performance of fins
Agreement, and Developer shall, at tts own cost and expense, defend and protect City against
any and all such claims and demands
9 If Developer does not begin substantial construct,on of the Oversized Faclhtles
within twelve (12) months of the effective date of execution of this Agreement, thas
Agreement shall terminate
10 This mstrttrnent embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contmned or incorporated
herein Tlus Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter ofthts Agreement
11 Tbas Agreement shall not be assigned by Developer without the express written
consent of the City
12 Any and all stats for any breach of this Agreement, or any other stat pertalmng
to or arising out of tins Agreement, shall be brought in a court of competent 3unsdlctlon 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 eounterp~,ar~t~s~by the duly-authorized o.fficlals and officers
of the City and the Developer, on this the '/Un- day of ~/~ ~ ,
2000 ~
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROyED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
THE PRESERVE AT PECAN CREEK PARTNERS, LTD
ATTEST
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