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1999-188F \shared~lept~LGL\Our Doeuments\Ordmanees\99\Umeom Lake Windjammer doc ORD CE NO q q-- / b AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH WINDJAMMER, LTD, RELATING TO PURCHASE OF RIGHT-OF-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN UNICORN LAKE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager ~s hereby authorized to execute an Agreement on behalf of,the C~ty of Denton with WindJammer, Ltd, substantially m the form of the attached Agreement which ~s incorporated herein for all purposes, relating to the purchase of property ~n Unicom Lake for street right-of-way and the constmcuon in part of W~nd R~ver Lane SECTION II. That the C~ty Manager is authorized to make the expenditure of funds as prowded in the attached Agreement SECTION III That th~s omhnance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED tlus the /~'~dayof ~ff~t~ ,1999 JA~I~LLER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGREEMENT AGREEMENT dated ~Q~ ?~,q, ~,D , 1999 between the City of Denton ("C~ty") and WindJammer, Ltd WITNESSETH WHEREAS, W~ndjammer, Ltd ("Owner") ~s the owner of certmn land ~n Denton County, Texas, which is being developed ("ProJect") to be known as UNICORN LAKE, and WHEREAS, the ProJect will benefit the Cxty, and the Cxty and Owner reached certmn agreements regarding assxstance the City will prowde ~n connection with development of the ProJect, NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows 1 The Owner shall dedicate an eighty (80) foot wide right-of-way through the Project to cormeet the terminus of Wind Raver Lane at the east line of W~nd Raver Estates, Phase VII, an addition to the C~ty of Denton recorded ~n Cabinet P, Page 151 of the Plat Records of Denton County, Texas to the southbound service road of Interstate Highway 35 East as described by metes and bounds on Exlublt "A-I" and illustrated on Exlublt "A-2", both attached herewith 2 The typical platting process for the ProJect would entail a right-of-way dedmatlon for Wind Raver Lane of s~xty (60) feet ~n w~dth as per the current Denton Mobility Plan, Roadway Component The timing of the ProJect ~s such that ~s desirous to bmld the road prior to formal platting actlvlty to expedite the public's use of Wind Raver Lane as a connection from Teasley Lane / Lflhan Miller Parkway to the Interstate 35 East southbound service road The Cxty of Denton hereby agrees to pamelpate in the cost of the additional twenty (20) feet wide right-of-way yield as an oversize measure The City of Denton shall pay EIGHTY-FIVE THOUSAND NINE-HUNDRED AND TWENTY TWO DOLLARS AND NO CENTS ($85,922 00) for the additional twenty (20) feet wide right-of-way included m the overall dedmatlon 3 In addition to the Ctty's above-mentioned monetary participation xn the right-of- way for Wind Raver Lane, the City hereby agrees to participate in the cost of the smd Wind Raver Lane construction from the terminus of Wind Raver Lane at the east line of Wind Raver Estates, Phase VII, an addition to the City of Denton recorded in Cabinet P, Page 151 of the Plat Records of Denton County, Texas to the southbound service mad of Interstate Highway 35 East The City shall pay either (a) ONE HUNDRED AND FOURTEEN THOUSAND SEVENTY EIGHT DOLLARS AND NO CENTS ($114,078 00) or (b) an amount not to exceed 30% of the total contract for the required facilities, whichever is less, as provided for in §212 072 of the Texas Local Government Code, as partlclpatlon m the paving and drainage improvements necessary for the construction of the above-mentioned section of Wind Paver Lane 4 The Owner and City hereby acknowledge that the above-mentaoned participation payments for the right-of-way and construction costs of smd Wind Raver Lane shall only be disbursed upon full execution and acceptance of development contracts by the City for the said Wind Raver Lane road project along with the execution and acceptance by the City of the "Dedication of Property For Public Use" document for the above-mentioned eighty (80) foot wide Wind Raver Lane right-of-way dedication 5 OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF DENTON FROM AND AGAINST ALL CLAIMS OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT 6 Tlus agreement shall be construed under and In accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable m Denton County, Texas 7 Ttus agreement constitutes the sole and only agreement of the parties and supersedes any prior understandmgs or written or oral agreements between the par~ies respecting the within subject matter 8 Thls agreement shall be filed m the Real Property Records of Denton County and shall constltutegcovenant running wlth the land EXECUTED this / day of //~j ,1999 CITY OF DENTON, TEXAS ATTEST /~nA~SvV ~,,)~TY MANAGER JENNIFER WALTERS, CITY SECRETARY Page 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY OWNER WINDJAMMER, LTD STATE OF TEXAS § COUNTY OF DENTON § ?'l , Y , g Y , . on behalf of said co~oratlon // v // I t'('~/*l Nota~Ptll~llo, Slate of T~xa~ ~ !__¢:~4i,~ _ 'M~~ Nota~ Pubhc, S~tate of~xas STATE OF TEXAS § COUNTY OF DENTON § was acknowledged before me on the o20~t~- day of '~Y)~r'~ , This instrument 19 ~c~ , by Bob Shelton, General Partner, Windjammer, Ltd u Notary Pubh~, Stgte of Texas ~\CH-LGL\VOLl~har~dktoptK.OL\Our Doeumonts\Contr~tsX99\Wmdlammer Contract doc Page 3