1999-464AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
PRESERVE AT PECAN CREEK PARTNERS, LTD FOR THE CITY'S PARTICIPATION IN
THE OVI~RSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTWE DATE
WHEREAS, the City desires to participate in the cost of oversizlng water mains to be
designed, installed, and constructed by The Preserve at Pecan Creek Partners, Ltd m an amount
not to exceed One Hundred Forty Thousand Dollars ($ 140,000 00), 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 I That the City Manager is authorized to execute a Water Main Cost
Partmlpatlon Agreement Between the City of Denton, Texas and The Preserve at Pecan Creek
Partners, Ltd for the overs~zmg of approximately 6,100 linear feet of twelve (12") tach on-site
water mare to a sixteen (16") inch water mmn, and for the design, installation, and construction
of approxxmately 2,404 linear feet of off-site sixteen (16") inch water mmn, substantially in the
form of the attached Agreement, wtuch is incorporated 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, in accordance with Chapter 34 of the Code of Ordinances of
the City of Denton, Texas
SECTION II That the City Manager is hereby authorized to make the expend~tttres as
set forth in the attached Agreement
SECTION III That this ordinance shall become effective lmmedaately upon its passage
and approval
PASSED AND APPROVED ttus the '~ ~ day of ~'~ ,1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmanc~s\99\Water Mare Cost Partic~p Agrmt-Preserve ~ Pecan Creek ord doc
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON § THE PRESERVE AT PECAN CREEK PARTNERS, LTD
WHEREAS, The Preserve at Pecan Creek Partners, Ltd hereafter referred to
as "Developer", whose business address ~s 4000 W Windsor Drive, Flower Mound,
Texas 75028 desires to develop and improve certain real property named The
Preserve at Pecan Creek (as shown ~n Exhibit I, attached hereto and incorporated
here~n by reference), located In the City of Denton, Texas or ~ts extraterntonal
junsdmtlon, and is required to provide such real property w~th adequate collection
capacity by designing, constructing and ~nstalhng a water hne of an ~ns~de diameter
of s~xteen (16") inches, hereafter referred to as the "Required Fac~ht~es", and
WHEREAS, the C~ty of Denton, Texas, a mumc~pal corporation, located at 215
East McK~nney, Denton, Texas 76201, hereafter referred to as "C~ty, m accordance
w~th ~ts ordinances, desires to participate ~n the cost of the construction and
~nstallation of sa~d water main to provide for an "oversized" water ma~n to expand ~ts
utd~ty system and ~nsure adequate ut~hty service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained here~n Developer and City do hereby AGREE as follows
1 Developer shall design, ~nstall and construct approximately 2,404 linear
feet of s~xteen (16") ~nch off-site and 6,100 feet of s~xteen (16") ~nch on-s~te water
mains and all necessary appurtenances thereto, hereafter referred to as "Oversized
Facd~t~es" as shown on Exhibit 1, 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 wdl enter ~nto a Development Contract prior to beg~nmng
construcbon of the Oversized Facd~t~es Th~s Development Contract ~s attached
hereto as Exhibit II and ~s ~ncorporated here~n by reference Th~s Agreement is
subject to and governed by said Development Contract and any other apphcable
ordinances of City of Denton, Texas
3 Prior to beginning construction of the Oversized Facdlt~es, Developer
shall obtain, at Developer's sole cost and expense, all necessary permits, licenses
and easements The easements, deeds and plats therefor obtained by Developer
shall be reviewed and approved as to form and substance by City prior to the
beginning of construction If Developer is unable to acquire needed easements,
Developer shall provide City with any requested documentation of its efforts to obtain
such easements, ~ncludmg ewdence of negotiations and reasonable offers made to
the affected property owners Any easements for the Oversized Facilities obtained
by the Developer shall be assigned to City, if not taken m City's name, prior to
acceptance of the Oversized Facdlt~es, and Developer warrants clear t~tle to such
easements and wdl defend C~ty against any adverse claim made against such title
WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Pecan Creek Partners, Ltd PAGE I
4 C~ty's share ~n the cost of the Oversized Fac~ht~es Based upon the difference
~n the cost of ~nstalhng Required Facilities, as determined by C~ty, and the cost
of the Oversized Faclhbes, as determined by C~ty, shall be ~n an amount not to
e~<ceed One Hundred Forty Thousand Dollars and No/100 ($140,000 00)
O~ty may elect one of the following methods to determine C~ty's share of the
cost
a) Developer shall prepare plans and specifications and furnish them to
C~ty C~ty shall compebtlvely b~d the required line and the Oversized
Fac~htles ~n accordance w~th Chapter 252 of the Texas Local
Government Code The d~fference ~n the b~ds shall be used to
determine the C~ty's share, subject to City's maximum participation ~n
cost as spec~hed ~n this Agreement
or
b) Developer shall prepare plans and spec~ficabons and take b~ds on the
required hne and the Oversized Fac~htles C~ty shall pay Developer
the least amount of the following
(1) The d~fference ~n the b~ds for the required hne and the
Oversized Fac~htles,
(2) Thirty pement of the bid on the Oversized Faclhtles as
prowded for in §212 072 of the Texas Local Government
Code or
(3) $140,000 00, the maximum participation cost allowed hereto
City shall not, in any case, be hable for any additional cost because of delays in
beginning, continuing or complebng construction, changes in the price or cost of
matenals, supphes, or labor, unforeseen or unantmlpated cost because of
topography, so~l, subsurface, or other site cond~bons, d~fferences ~n the calculated
and actual per hnear feet of pipe or materials needed for the Oversized Fac~hbes,
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
construcbon of the Oversized Fac~ht~es
5 The C~ty will make monthly payments for ~ts share of the Oversized
Faclht~es The Developer shall submit monthly pay requests on forms pmwded by
the C~ty The Developer's engineer shall verify that such pay request ~s correct The
request, along w~th the engineer's venflcatlon, shall be submitted to the Eng~neenng
& Transportation Department of the C~ty The City will retain 10% of the total dollar
amount until the project ~s accepted Payment by the City to the Developer will be
made within thirty (30) days of receipt of the pay estimate and the engineer's
venhcatlon
WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Pecan Creek Partners, Ltd PAGE 2
6 To determine the actual cost of the Oversized Fac~hbes, C~ty shall have the
right to Inspect any and all records of Developer, h~s agents, employees, contractors
or subcontractors and shall have the r~ght to reqmre Developer to submit any
necessary informabon, documents, invo,ces, receipts or other records to venfy the
actual cost of the Oversized Fac~ht~es
7 All nobces, payments or commun,cabons to be g~ven or made pursuant to
th,s Agreement by the parbes hereto, shall be sent to Developer at the bus,ness
address given above and to the Ass,stant C~ty Manager for Ut~hbes for C,ty at the
address g~ven above
8 Developer shall ,ndemn~fy and hold the C~ty harmless from any and all
claims, damages, loss or hab~hty 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, ~nv,tees, contractors or other persons w,th
regard to the performance of this Agreement, and Developer shall, at ~ts own cost
and expense, defend and protect the C~ty aga,nst any and all such claims and
demands
9 If Developer does not beg~n substanbal construct,on of the Overs,zed
Faclht~es w~th~n twelve (12) months of the effecbve date of execubon of th,s
Agreement, th,s Agreement shall terminate
10 Th~s ,nstrument embod,es the whole agreement of the parbes hereto
and there are no promises, terms, representabons, understandings, cond,bons or
obhgabons other than those conta,ned or ,ncorporated herein Th,s Agreement shall
supersede all prewous communlcat,ons, representations or agreements, e~ther
verbal or written, between the parties hereto
11 This Agreement shall not be assigned by Developer w,thout the express
wntten consent of the C~ty
12 Any and all suits for any breach of th~s Agreement, or any other su~t
perta,n,ng to or arising out of th~s agreement, shall be brought m a court of
competent junsd~ct~on ~n Denton County, Texas Th~s Agreement shall be governed
by and construed ~n accordance w~th the laws of the State of Texas
WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Pecan Creek Partners, Ltd PAGE 3
"DEVELOPER"
THE PRESERVE AT PECAN CREEK
PARTNERS, LTD
ATTEST ~/~_
CITY OF DENTON, TEXAS /
JENNIFER WALTERS, CiTY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
WATER MAIN PARTICIPATION AGREEMENT - The Preserve at Pecan Creek Partners, Ltd PAGE 4
S ~Our Documenta~Contraots\99~Water Main Cost Partl~lp Agrmt - Preserve ~ Pecan Creek doc