2000-071 OmXNA CE NO
AU OmZ O A
COST P~TIC~ATION AG~EMENT BETWEEN THE CITY OF DENTON A~ ~CH
VENT--S, LTD FOR THE CITY'S P~TIC~ATION ~ THE OVBRSIZ~G OF WATER
M~S ~ ~ ACCO~CB ~TH THE TB~S ~ CO~ITIONS OF THIS
O~CB, AUTHO~Z~G T~ B~B~IT~ OF F~S THB~FOR, ~
PROVID~G ~ EFFECTIVE DATE
~E~AS, the C~ desires to p~c~pate ~n the cost of overstrung water mmns to be
desk.ed, installed, ~d constructed by R~ch VenUes, Ltd in ~ mo~t not to exceed Twenty
S~x Thous~d ~ee H~ed Seven Doll.s ($26,307 00), in accord~ce w~ {34-118(b)(2) of
· e Code ofOrdlnmees of~e C~ty of Denton, Tex~ ~d TEX LOC GOV'T CODE ~212 072,
NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~S
SECTION 1 TMt ~e C~ty M~ager ~s au~onzed to execute a Water Mmn Cost
P~m~pat~on A~eement Be~een ~e C~ty of Denton ~d R~ch Vent~es, Ltd, for ~e
ov~s~zmg of approximately 2,550 hne~ feet of el~t (8") tach wmer mmn to a ~elve (12") ~nch
water mmn, subst~ttally m the fora of ~e attached A~eement, w~ch ~s mco~orated herem~
~d made a p~ offs ordinate for all p~oses, subject to R~ch Vent~es, Ltd, entenng mto
a Development Con~act w~th ~e C~ty of Denton, m accord~ce w~ Chapter 34 of the Code of
Ordm~ces of ~e C~ty of Denton, Texas
SECTION 2 That ~e C~ty M~ager ~s hereby au~onzed m m~e ~e expend~t~es as
set fo~h in ~the a~ached A~eement
SEQTION 3 That ~s ordln~ce sh~l become effective l~edmtely upon ~ts passage
~d approval
PA$SEDA~PROVEDtMsthe ~ dayof ~. ,2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By ~/2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmancos~00\Water Mare Cost Partt¢lp Agrmt Ranch Ventures Ltd ord doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD.
WHEREAS, Ranch Ventures, Ltd hereinafter referred to as "Developer", whose
bus~ness address ~s 1401 Burnham Drive, Piano, Texas 75093 w~shes to develop and improve
certain real property named "RYAN RANCH" (as shown in Exhth~t I, attached hereto and
~ncorporated here~n by reference), located ~n the C~ty of Denton, Texas or ~ts extratemtonal
jurisdiction, and ~s reqmred to prowde such real property w~th adequate collection capacity by
designing, constructing and ~nstallmg a water hne of an inside d~ameter of e~ght roches (8"),
heremafter referred to as the "Requrred Facflmes", and
WHEREAS, the City of Denton, Texas, a Mumc~pal Corporation with ~ts offices
located at 215 East McI~nney, Denton, Texas 76201, hereafter referred to as the "City, m
accordance w~th ~ts ordinances, w~shes to participate m the cost of the construction and
~nstallat~on of sa~d water ma~n to prowde for an "oversized" water mare to expand its utility
system and ~nsure adequate utility service to other customers,
NOW, THEREFORE, in cons~deratmn of the mutual prom~ses and covenants
contained here~n the Developer and the City AGREE as follows
1 Developer shall design, ~nstall, and construct approximately 2,550 hnear feet of
twelve (12") tach water mains and all necessary appurtenances thereto, hereafter referred to
as the "Oversized Facilities' as shown on Exhibit I, attached hereto and ~ncorporated here~n
by reference
2 As required by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas,
Developer w~ll enter ~nto a Development Contract prior to beg~nmng of construction of the
Oversized Facilities This Development Contract ~s attached hereto as Exhibit II and
incorporated here~n by reference Th~s Agreement ~s subject to and governed by sa~d
Development Contract and any other apphcable ordinances of the C~ty of Denton, Texas
3 Prior to begmmng of construction of the Oversized Facd~t~es, 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 rewewed and
approved as to form and substance by C~ty prior to the beg~nmng of construction If
Developer ~s unable to acqmre needed easements, Developer shall prowde C~ty w~th any
requested documentation of efforts to obtain such easements, including ewdence of
negotmt~ons and reasonable offers made to the affected property owners Any easements for
the Ovemzed Faclht~es obtained by the Developer shall be assigned to C~ty, ~f not taken m
C~ty's name, prior to acceptance of the Oversized Facdmes, and Developer warrants clear t~tle
to such easements and wll defend C~ty against any adverse claim made agaanst such t~tle
4 City's share ~n the cost of the Oversized Fac~ht~es ~s based upon the d~fference ~n
the cost of ~nstallmg Reqmred Facfl~t~as, as determined by City, and the cost of the Oversized
Facflmes, as determined by C~ty, shall be in an amount not to exceed Twenty S~x Thousand
Three Hundred Seven Dollars ($26,307 00) City may elect one of the following methods to
determine City's share of the cost
a) Developer shall prepare plans and specffications and fumlsh them to City City shall
competitively bid the reqmred line and the Oversized Facilities in accordance with
Chapter 252 of the Texas Local Government Code The difference in the bids shall be
used to determine the City's share, subject to City's max~mmn participation in cost as
specffied in tbas Agreement, or
b) Developer shall prepare plans and specfficat~ons and take bids on the required line and
the Oversized Facilities C~ty shall pay Developer the least amount of the following
(1) The difference ~n the b~ds for the required line and the Oversized Famhtles, or
(2) Thirty percent (30%) of the bid on the Oversized Facilities as prowded for in
§212 072 of the Texas Local Government Code or
(3) $26,307 00, the max~mtun part~clpaUon cost allowed herein
The C~ty shall not, m any case, be liable for any additional cost because of delays in
beginning, contmmng, or completing construction, changes in the price or cost of materials,
supplies, or labor, unforeseen or unantlmpated cost because of topography, soil, subsurface,
or other s~te conditions, differences m the calculated and actual per linear feet of pipe or
materials needed for the Oversized Famht~es, Developer s decision as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specffied or
unspecified, relating to the construction of the Oversized Famhtles
5. The City will make monthly payments for its share of the Oversized Faclllt~es
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 engmeer's verification, shall be submitted to the Englneenng & Transportation
Department of the C~ty The City will retmn 10% of the total dollar amount until the project
is accepted Payment by the City to the Developer will be made within tbarty (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, bas agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
reformation, documents, ~nvo~ces, receipts or other records to verify the actual cost of the
Oversized Facilities
7 All notices, payments or eommumeat~ons to be given or made pursuant to tins
Agreement by the part, es hereto, shall be sent to Developer at the business address given
above and to the Assistant City Manager for Utflmes for City at the address given above
8, Developer shall mdemmfy and hold City harmless from any and all claims,
damages, loss or liability of any kand whatsoever, by reason of injury to property or person
occasioned by any act or omlss~on, neglect or wrongdoing of Developer, its officers, agents,
employees, mwtees, contractors or other persons with regard to the performance of thas
Agreemont, and Developer shall, at its own cost and expense, defend and protect Cxty against
any and all such clmms and demands
9, If Developer does not begxn substantxal construction of the Oversxzed Facilities
within twelve (12) months of the effective date of execution of thxs Agreement, this
Agreement shall terminate
10 This instrument emboches the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contmned or ~ncorporated
hereto Tlus Agreement shall supersede all previous commumcatlons, representations or
agreements, whether verbal or written, between the parties hereto w~th respect to the subject
matter of tins 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 ofth~s Agreement, or any other stat perta~mng
to or arising out of this Agreement, shall be brought ~n a court of competent junsdmt~on ~n
Denton County, Texas This Agreement shall be governed by and construed ~n accordance
w~th the laws of the State of Texas
EXECUTED m duplicate ongxnal counterp...,ar~,~, by the duly-auth9nzed pffimals and officers
ofthe Clty and the Developer, onthlsthe '/T/t. dayof ~£/A~.~ ,
2000
CITY OF DENTON, TEXAS
A Texas Munlc~pal Corporation
BY~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
By
ATTEST ~-0.
S \Our Docurrnnts\Con~aets\00\Wa~r am Cost part~¢lp Agrmt-Ryan Ranch Ltd doc