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2000-172 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CItY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CItY OF DENTON AND BEL AIR DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION 1N THE OVERSIZING OF SEWER MAINS 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 overslzlng sewer mmns to be designed, installed, and constructed by Bel Air Development Ltd in an amount not to exceed Nine Thousand Six Hundred Forty Six Dollars and Eighty Six Cents ($9,646 86), m accordance with §34-118(b)(2) of the Code of Ordinances of the City of Deuton, 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 Sewer Mmn Cost Participation Agreement Between the City of Denton and Bel Air Development Ltd for the overslzmg of apprommately 1998 linear feet of twelve (12") inch and approximately 208 linear feet of fifteen (15") inch gravity sanitary sewer mmn, from eight (8") inch gravity sanitary sewer line, substantially in the form of the attached Agreement, winch is incorporated herewith and made a part of this ordinance for all purposes, subject to Bel Air Development Ltd entenng into a Development Contract with the City of Denton, in 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 in the attached Agreement SECTION 3 That tins ordinance shall become effective lmme&ately upon its passage and approval PASSED AND APPROVED this the ~/~ ~ day of ~./.,~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documonts\Ordman~s\00\Sew~r Mare Cost Partl¢lp Agrmt-Bel A~r Develop Ltd ord doc THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD WHEREAS, Bel Air Development Ltd hereafter referred to as "Developer", whose business address is 12225 Greenville Avenue, State 118, Dallas, Texas 75243 wishes to develop and improve certmn real property named "BEVERLY PARK ESTATES PHASE-II" (as shown m Exhibit I, attached hereto and incorporated herein by reference), located In the City of Denton, Texas or its extratemtonal jurisdiction, and ~s reqmred to provide such real property w~th adequate sewer service by des~gmng, constructing, extending, and installing a grawty samtary sewer hne of an ms,de dmmeter of e~ght roches (8"), hereafter referred to as the "Reqmred Faelhtles", and WHEREAS, the C~ty of Denton, Texas, a Mumc~pal Corporatmn w~th ~ts offices located at 215 East McK~nney, Denton, Texas 76201, hereafter referred to as the "C~ty, in accordance w~th ~ts ordinances, w~shes to participate in the cost of the construction and installation of smd sewer mmn to prowde for an "oversized" sewer mmn to expand its utlhty system and to insure adequate utility service to other customers, NOW, THEREFORE, in consideration of the mutual promises and covenants contmned here~n the Developer and the City AGREE as follows 1 Developer shall design, install, and construct approximately 1,998 linear feet of twelve (12") inch and 208 linear feet of fifteen (15") inch gravity sanitary sewer mains and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, 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 Famhttas Th~s Development Contract is attached hereto as Exhibit II and mcorporated hereto by reference Th~s Agreement is subject to and governed by said Development Contract and any other apphcable ordinances of the C~ty of Denton, Texas 3 Prior to begmmng of construction of the Oversized FacIht~es, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, heenses and easements The easements, deeds, and plats therefor obtmned by Developer shall be rewewed and approve~d as to form and substance by C~ty prior to the beginning of construction If Develol~er is unable to aeqarre needed easements, Developer shall prowde C~ty with any requested documentation of efforts to obtmn such easements, ~ncludmg ewdence of negotiations and reasonable offers made to the affected property owners Any easements for the Overaized Facilmes obtained by the Developer shall be assigned to City, if not taken in C~ty's name, prior to acceptance of the Oversized Facthtles, and Developer warrants clear title to such easements and will defend C~ty against any adverse claim made against such title 4 C~ty's share m the cost of the Oversized Facihties Based upon the chfference in the cost of lnstalhng Required Facihties, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be m an mount not to exceed Nine Thousand Slx Hundred, Forty Six Dollars and Eighty Slx Cents ($9,646 86) City may elect one of the following methods to determine City's share of the cost a) Developer shall prepare plans and specifications and furnish them to City City shall competitively bad the required line and the Oversized Faclhtles m accordance with Ghapter 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 maximum participation m cost as specified in this Agreement, or b) Developer shall prepare plans and specifications and take bids on the required hne and the Oversized Faefl~tles City shall pay Developer the least amount of the following (1) The difference m the bids for the required line and the Oversized Facilities, or (2) Participation by the City at a level not to exceed One Hundred percent (100%) of the total cost for any overslzmg of improvements required by the City, including, but not linuted to increased capacity of improvements to antlc~pate other future development m the area, all as provided for m §212 072(b) of the Texas Local Government Code, as amended, or (3) $9,646 86, the maximum participation cost allowed herein The City shall not, in any ease, be hable for any additional cost because of delays m beginning, contmmng, or completing construction, changes in the price or cost of materials, supphes, 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, Developer s 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 Clty will make monthly payments for its share of the Oversized Facthtaes The Developer shall submit monthly pay requests on forms provided by the City The Developers engineer shall venfy that each pay request is correct Each pay request, along with the engineer's venficatlon, shall be submitted to the Engmeenng & Transportation Departn~ant of the City 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 thirty (30) days of receipt ef 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 venfy the actual cost of the Oversized Facilities 7 All not~ees, payments or commumcatlons 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 Assistant C~ty Manager for Utahties for City at the address given above 2 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 wrongdomg of Developer, its officers, agents, employees, mvltees, 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 ehnms and demands 9 If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the effective date of execution of this Agreement, this Agreement shall terminate 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 cottrt of competent jurisdiction m 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 eounterparts~/b~y the duly-authorized officials and officers of the City and the Developer, on this the /¢ ~ day of ~c~t d~-, ,2000 CITY OF DENTON, TEXAS A Texas Municipal Corporation ~4~iCi-IAfL'W ~rZ~C~TY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY "DEVELOPER" BEL Alt ~EVELOPMENT LTD By ~ ~\k ~ ATTEST S \Our Documenta\Contracta\00\Sewer Mare Cost Pa~clp Agrmt-Bel A~r Develop Ltd doc 4