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1999-462 O CENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC FOR REIMBURSEMENT OF THE COSTS OF BUILDING A SEWER MAIN, THROUGH PRORATA CHARGES PAID TO THE CITY, AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas requires that the real property owned by Kaufman and Broad of Dallas, Inc ("Developer") commonly referred to as "Hickory Creek Ranch" (the "Development") located on the South side of Hickory Creek Road and the West side of Teasley Road (F M 2181), as more particularly depicted in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extratemtonal jurisdiction be provided with adequate sanitary sewer service by extending 1,974 linear feet of 15-inch and 1,774 linear feet of 18-tach sanitary sewer mmn from Leatherwood Street to the Development, and WHEREAS THE City of Denton may lawfully reimburse the Developer for the costs of the sewer mmn extension by the Developer based upon prorata charges paid to the City by persons connecting to the sewer mmn pursuant to Code of Ordinances of the City of Denton, Texas §34-118 (b)(3), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute a Sewer Main Prorata Reimbursement Agreement Between the City of Denton and Kaufman and Broad of Dallas, Lac (the "Agreement") to provide for the prorata reunbursement for the extension and installation of One Thousand Nine Hundred Seventy Four (1,974') linear feet of fifteen (15") inch sewer main, and One Thousand Seven Hundred Seventy Four (1,774') linear feet of eighteen (18") inch sewer main, substantially in the form of the attached Agreement, wluch is incorporated herewith by reference and made a part of thru Ordinance for all purposes, subject however, to Developer, Kaufman and Broad of Dallas, Lac 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 such expenditures and transfers of funds under such conditions as are set forth in the attached Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thlsthe //'Ere dayof ff~J~~ ,1999 JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances~99\Sewer Mare Prorata Relmb Ord Kaufman & Broad doc S \Our Documents\Ordmances\99\Sewer Main Prorata Relmb Ord - Kaufman & Broad doc SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC WHEREAS, Kaufman and Broad of Dallas, Inc ("Developer"), whose business address ~s, 2611 Westgrove, State 101, Carrollton, Texas 75006 desires w~shes to develop and ~mprove certann real property named "H~ckory Creek Ranch" (as more partmularly depmted in Exhibit I, attached hereto and incorporated here~n by reference) located ~n the C~ty of Denton, Texas or ~ts extratemtonal junsdlct~on, and Developer ~s reqmred to prowde such property w~th adequate sewer serrate by desagnmg, constructing, ~nstalhng, and extending a sewer mann, and WHEREAS, the Caty of Denton, Texas ("C~ty") ~s a mtm~clpal corporation located at 215 East Mcledrmey, Denton, Texas 76201, and ~n accordance with the prows~ons of Section 34- 118 (b)(3) of the C~ty of Denton Code of Ordinances, may reimburse Developer for the costs of the samtary sewer mann designed, constructed, ~nstalled, and extended by Developer based upon prorata charges pand to the C~ty by persons connecting to the sewer mann NOW, THEREFORE, m consideration of their mutual promises, Developer and C~ty do hereby AGREE as follows 1 Developer has designed, constructed, installed, and extended 1,974 hnear feet of 15-tach sewer mann and 1,774 hnear feet of 18qnch sewer mann and all necessary appurtenances thereto, hereafter referred to as the "Facd~t~es," located as shown on Exh~bat I, attached hereto and incorporated hereto by reference These off-site sewer manns shall be subject to prorata relmbursemant to the Developer m accordance w~th th~s Agreement 2 Prior to beginning construction of the Famht~es, Developer shall obtann, at Developer's sole cost and expense all necessary permits, hcenses, and easements If easements are needed, the deeds therefor obtained by Developer shall be rewewed and approved as to form and substance by the C~ty prior to the beglnmng of constmctaon If Developer as unable to acquire needed easements, Developer shall provide C~ty with any requested documentation of ~ts efforts to obtann such easements, lncluthng ewdence of negottat~ons and reasonable offers made to the affected property owners Any easements for the fatalities obtanned by the Developer shall be assigned to C~ty, ~fnot taken ~n C~ty's name, prior to acceptance of the Facthtaes, and Developer warrants clear title to such easements and will defend City agannst any adverse clanm made against such t~tle 3 The actual cost of the design, construction, installation, and extension of the Fatalities subject to prorata reimbursement ~s One Hundred E~ght Thousand One Hundred Seventy Four ($108,174 00) Dollars, or $28 86 per hnear foot for 1,974 linear feet of 15qnch and 1,774 hnear feet of 18qnch off-sate samtary sewer manns 4 W~th~n thirty (30) days of the acceptance of the Famllt~es by the C~ty, Developer shall submit to the C~ty's Assistant C~ty Manager for Uttht~es the actual cost of the Fatalities To determine the actual cost of the Famht~es, the C~ty shall have the right to respect ,any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to reqmre Developer to submit any necessary information, documents, invoices, receipts or other records to venfy the actual cost of the fatalities The ATTACHMENT I Assmtant C~ty Manager for Utilities shall revaew and verify the actual cost of the Faclht~es and certify the allowable reimbursable cost and the date the Faclht~es were accepted, which certfficate shall be attached hereto and be ~ncorporated here~n by reference 5 Afier t~tle to the Facilities have vested ~n the C~ty, the C~ty shall collect a prorata charge from any person connecting to the off-site facilities ~n accordance w~th the prows~ons of the Code of Ordinances of the City of Denton Within thirty (30) days of the receipt ofprorata charges the C~ty shall transfer such amount collected to Developer 6 The C~ty shall transfer to Developer prorata charges collected for a period of t~me of twenty (20) years from the date the Facllmes are accepted by C~ty, as specified herein, but shall not transfer or remaburse to the Developer an amount of funds in excess of the certffied cost of the Facd~taes 7 The part,es hereto recogmze that the Faclht~es subject to th~s Agreement are necessary to prowde sewer servme to the Developer's property The prorata charges to be collected and transferred to Developer shall be based on the terms of th~s Agreement, as through the Facilities subject to this Agreement were installed 8 The prorata charges to be collected by the City and transferred to Developer ~n accordance with the ordinances of the C~ty and th~s Agreement are ~ntended to reimburse the Developer for the Developer's cost of the Fac~ht~es by requmng persons connecting, who benefit thereby, to partm~pate m the cost of the Facd~tles Th~s Agreement shall not be considered to ~mpose any obligation or habfl~ty upon the C~ty to pay for the Facilities from ~ts general revenues, bond funds or any other revenues it may receive, except for those pmrata h~nds received from persons connectmg to such Famht~es 9 Should any court of competent jurisdiction determine that all or part of the City s ordinance on which the prorata charges to be prod to Developer under th~s Agreement are based are found to be unlawful or ~nval~d, the C~ty may cease to charge or collect the prorata charges for connection to the Famht~es and w~ll have no further obhgatton hereunder 10 All notmes, payments or commumcat~ons to be g~ven or made pursuant to thru Agreement by the parties hereto, shall be sent to Developer at the business address prowded above and to the Assistant C~ty Manager for of Utd~t~es, for the City at the address provided above 11 The Developer shall mdemmfy and agrees to hold the C~ty harmless from any and all clmms, damages, loss or habfl~ty of any k~nd whatsoever, by reason of ~njury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, ~ts officers, agents, employees, ~nwtees, contractors or other persons w~th regard to the performance of this Agreement, and Developer wall, at ~ts own cost and expense, defend and protect the Cxty against any and all such clmms and demands 12 Th~s mstnunent embodxes the whole Agreement of the part,es hereto and there are promises, terms, conditions, or obligations other than those contmned hereto Thxs Agreement all supersede all premous commtmmatlons, understandmgs, representations or agreements, e~ther verbal or wnttan, between the part;es hereto regarding the subject matter of th~s Agreement 13 Developer shall not aSSlgll this Agreement w~thout the express written consent of the City 14 Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out ofth~s Agreement, shall be brought and mmntained m the court of competent junsdactmn in Denton County, Texas This Agreement shall be governed by, and construed ~n accordance w~th the laws of the State of Texas 15 This Agreement shall be effective for a period of twenty (20) years from the date Faclht~es are accepted by City, or until Developer has been prod all allowable reimbursable prorata charges for the Faclht~es, whichever occurs first, provided, however, should Developer fail to begin substantial construction of the Facilities w~thin one (1) year from the date of execution of this Agreement, th~s Agreement shall terminate CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEG~ FO~ HE~ PROUTY, CITY ATTO~Y By "DEVELOPER" ~MAN ~ BRO~ OF DALLAS, ~C ATTEST By ~~ Do~uments~ontraets\99\Sewer Mmn Prorata Relmb Agrmt Kaufman & Broad doc S \Our I il81HX:!