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2000-173 ORDINANC NO / 73 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAiN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD 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 WHEREAS, the City desires to participate m the cost of overslzing water mans to be designed, mstalled, and constructed by Bel A~r Development Ltd in an amount not to exceed Twenty Two Thousand Eighty Eight Dollars and Sixty One Cents ($22,088 61), m accordance with §34-118Co)(2) of the Code of Ordinances of the City of Demon, 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 anthonzed to execute a Water Mare Cost Partmlpatlon Agreement Between the City of Denton and Bel Air Development Ltd, for the overslzlng of approximately 565 linear feet of on-site, and approximately 143 linear feet of off- site waterline from e~ght (8") inch water man to sixteen (16") inch water man, and to provide a stub-out at the North comer of the subject property on Sherman Drive, substantially in the form of the attached Agreement, which is mcorporated herewith and made a part of tlus ordinance for all purposes, subject to Bel Air Development 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 ~ That the City Manager is hereby anthonzed to make the expenditures as set forth m the attached Agreement SECTION 3 That thas orchnance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the /~ dayof ~f~,~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docuro~nts\Ordlnance s\00\Water Mare Cost Partw~p Agrmt Bel Air Develop Ltd doc THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT LTD. WHEREAS, Bel Aar Development Ltd hereinafter referred to as "Developer", whose busaness address as 12225 Greenville Avenue, State 118, Dallas, Texas 75243 washes to develop and amprove certmn real property named "BEVERLY PARK ESTATES PHASE-II" (as shown an Exlubat I, attached hereto and aneorporated herein by reference), located in the City of Denton, Texas or ars extratemtonal junsdactlon, and is required to provide such real property wath adequate colleetmn capacaty by designing, constrnctang and instalhng a water line of an reside diameter of eaght roches (8"), hereinafter referred to as the "Reqmred Facthties", and WHEREAS, the Caty of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "City,' in accordance wath ats ordanances, washes to participate an the cost of the construction and installation of smd water mmn to provade for an "oversazed" water main to expand its utthty system and insure adequate utlhty service to other customers, NOW, THEREFORE, an cons~deratton of the mutual promises and covenants contamed hereto the Developer and the Caty AGREE as follows 1 Developer shall design, install, and construct approximately 565 linear feet of on-site and approxamately 143 hnear feet of off-site saxteen (16") inch water lines, together w~th a stub-out at the North comer of the subject property on Sherman Drive, and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facihtles" as shown on Exhabat I, attached hereto and incorporated here~n by reference 2 As reqmred by Chapter 34 of the Code of Ordanances of Caty of Denton, Texas, Developer will enter anto a Development Contract prior to beganmng of constmctmn of the Oversized Facthtaes Th~s Development Contract ~s attached hereto as Exbab~t II and ancorporated herein by reference Thas Agreement is subject to and governed by smd Development Contract and any other apphcable ordinances of the City of Denton, Texas 3 Prior to beganmng of construction of the Oversazed Facthtles, Developer shall obtmn, at Developers 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 C~ty prior to the beganmng of constmctaon If Developer ~s unable to acqmre needed easements, Developer shall provide City with any requested documentataon of efforts to obtain such easements, ancludang evidence of negotmt~ons and reasonable offers made to the affected property owners Any easements for the Oversized Facflataes obtmned by the Developer shall be assagned to City, if not taken in Caty's name, prior to acceptance of the Oversazed Factht~es, and Developer warrants clear tatle to such easements and wall defend City agmnst any adverse clmm made agmnst such title 4 Caty's share m the cost of the Oversized Facthtaes as based upon the dafference in the cost of mstallmg Reqmred Factht~es, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be m an amount not to exceed Twenty Two Thousand Eighty Eight Dollars and Sixty One Cents ($22,088 61) 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 bid the reqmred lme and the Oversized Facilities in accordance w~th Chapter 252 of the Texas Local Government Code The difference in the bids shall be used to determine the C~ty's share, subject to City's maximum participation ~n cost as specified m flus Agreement, or b) Developer shall prepare plans and specifications and take bids on the required line and the Oversized Facilities City shall pay Developer the least amount of the following (1) The thfference m the bids for the reqmred hne and the Oversized Faclhtles, or (2) Participation by the C~ty at a level not to exceed One Hundred percent (100%) of the total cost for any overslzmg of improvements required by the City, lncludmg, but not limited to increased capacity of ~mprovements to anticipate other future development ~n the area, all as provided for in §212 072(b) of the Texas Local Government Code, as amended or (3) $22,088 61, the maximum partmlpat~on cost allowed herein The C~ty shall not, m any case, be liable for any addit~onal cost because of delays m beginning, eontmmng, or completing construction, changes ~n the price or cost of materials, supphes, or labor, unforeseen or unanticipated cost because of topography, soft, subsurface, or other site conditions, differences in the calculated and actual per hnear feet of p~pe or matenals 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, specffied or unspecffied, relating to the construction of the Oversized Faclht~es 5 The City will make monthly payments for ~ts share of the Oversized Famht~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 engineer's verification, shall be submitted to the Eng~neenng & Transportation Department of the City The C~ty will retmn 10% of the total dollar amount until the project ~s accepted Payment by the C~ty 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 Faclhtles, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the nght to reqmre 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 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 C~ty Manager for Utlhtles for City at the address given above 2 8, Developer shall mdemmfy and hold Clty harmless from any and all clmms, damagesl loss or habflxty of any kind whatsoever, by reason of injury to property or person occasmn~d by any act or omms~on, neglect or wrongdoing of Developer, its officers, agents, employees, lnvxtees, contractors or other persons w~th 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 clmms and demands 9 If Developer does not begin substantial construe.on of the Overmzed Faeilmes w~thm twelve (12) months of the effective date of execution of this Agreement, th~s Agreement shall terminate 10 Thru instrument embodies the entire agreement of the parties hereto and there are no promxses, terms, conditions or obhgatlons other than those contained or incorporated here~n Tins Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the part,es hereto w~th respect to the subject matter o~f this Agreement 11 Th~s Agreement shall not be asmgned 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 pertmnmg to or arising out of th~s Agreement, shall be brought m a court of competent junsdlct~on m Denton County, Texas Thru Agreement shall be governed by and construed ~n accordance w~th the~laws of the State of Texas EXECUTED m duphcate original counterparts~ l~y the duly-authorized officials and officers of the C~ty and the Developer, on this the ~-~ day of t"/7/R.~,./.~ ,2000 CITY OF DENTON, TEXAS A Texas Mtmic~pal Corporation ' ~M~CnAE~ W ~TY MANAGER ATTEST JENNIFBR WALTERS, CITY SBCRBTARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "DEVELOPER" BEL AIR DEVELOPMENT LTD By ~_~%_~.._~.x ATTEST 4