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HomeMy WebLinkAbout2002.03.19_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE CE MEETING: regular DATE: March 19, 2002 _TIME.. 6.30 p.m. PLACE: Council 'Chambers, Owasso Corr?n-1-uriity Center Notice and agenda filed in the office of the City Clerk and posted at City Hall at 4:00 p.m. on Friday, March 15, 2001 l cia outwell, Authority Secretary 1. Call to Order Chairman Barnhouse 2. Flag Salute 3. Roll Call 4. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of March 5, 2002 Regular Meeting. Attachment #4 -A Owasso Public Works Authority March 199 2002 Page 2 B. Approval of Claims. Attachment #4 -13 5, Consideration and Appropriate Action Relating to a Request for Approval of a Payback Agreement for the Tech Center Interceptor. Mr Ray Attachment 45 The staff will recommend Trustee approval of a payback agreement between the Owasso Public Works Authority and the Coffee Creek Residential Croup L LC for the Owasso Tech Center Interceptor improvements. 6. Report from OPWA Manager. 7. Report from OPWA Attorney. 8. New Business. (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) Owasso Public Works Authority March 19, 2002 Page 3 Adj oumment, ""x y OWASSO PUBLIC WORDS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, March 5, 2002 The Owasso Public Works Authority met in regular session on Tuesday, March 5, 2002 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, March 1, 2001 ITEM 1: CALL TO ORDER Chairman Barnhouse called the meeting to order at 6:35 p.m. ITEM 2: FLAG SALUTE The flag salute was held during the City Council meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT Mary Lou Barnhouse, Chair Randy Brogdon, Mice Chair Rebecca Armstrong, Trustee Michael Helm, Trustee STAFF Rodney J Ray, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary A quorum was declared present. ABSENT Will Williams, Trustee ITEM 4: RE VEST APPROVAL, OF THE CONSENT AGENDA. A. Approval of the Minutes of February 19, 2002 Regular Meeting. B. Approval of Claims. The consent agenda included minutes of the February 19, 2002 regular meeting, by reference made a part hereto. Itcm B on the consent agenda included the following claims: (1) Owasso Public Works Authority $62,613.83; (2) OPWA Capital Improvements Fund $219,567.40, (3) OPWA Sales Tax Fund $133,173.16; (4) Interfund Transfers $47,591.67; (5) Payroll $36,342.49. Mr Brogdon moved, seconded by Ms Armstrong to approve the consent agenda AYE: Brogdon, Armstrong, helm, Barnhouse NAY: None Motion carried 4 -0. Owasso Public Works Authority ITEM 5: REPORT FROM OPWA MANAGER No report. ITEM 6; REPORT FROM OPWA ATTORNEY. No reroorL ITEM 7: STEW BUSINESS. ITEM 8: ADJOURNMENT Mr Helm moved, seconded by Mr Brogdon to adjourn. AYE: Helm, Brogdon, Armstrong, Earnhouse NAY: None Motion carried 4 -0, and the meeting was adjourned at 6:36 p.m. Marcia Boutwell, .Authority Secretary -2- Larch 5, 2002 Mary Lou Earnhouse, Chair 0PWA CLAIMS TO BE PAID 3/19/02 VENDOR NAME DETAIL DESCRIPTION 8AM8CLUB CLEANING SUPPLIES a*M8CLUB NN|NTSUPPL|ES RONALD DCATE3 RETAINER P30 02/02 USE IKON OFFICE SOLUTIONS COPIER MAINTENANCE TREASURER PETTY CASH RBM8 PETTY CASH ADMINISTRATION DEPT ETTwGsnS OFFICE SUPPLY OFFICE SUPPLIES WATER PRODUCTS |wC VISUAL READER BATTERY TECHNICAL PROGRAMMING SvCS BILLING SERVICE UTILITY BILLING DEPT 8AMOCLua MAmTSupPuE8 PREMIER MONOGRAM UNIFORM CAPS FUELwxw FUEL CITY OF TULSA UTILITIES PURCHASED WATER psO 02/02 USE SOUTHWESTERN BELL NON-PLEXAR TREASURER PETTY CASH TOLLCHxnGsS vVATERDEPT mAMSCLUB CLEANING SUPPLIES PRsw|exmOw0GRAM UNIFORM CAPS MACS, ELECTRIC SUPPLY ELECTRICAL SUPPLIES FUEI-NIxN FUEL PS() 02/02 USE TREATMENT PLANT DEPT SAMS CLUB MewTsUPPUsS PREMIER MONOGRAM UNIFORM CAPS pUELMAm FUEL PS0 02/02 USE OKLAHOMA NATURAL GAS 01/02 USE r8S|mC REPAIR PARTS SOUTHWESTERN BELL wOw'pLEXAn WASTEWATER COLLECTION DEPT SAMS CLUB MmwTSUPPLES PREMIER MONOGRAM UNIFORM CAPS TREASURER PETTY CASH VEHICLE WASH TULSA CLEANING SUPPLIES PARTS CLEANING FUELMAm FUEL MET POLLUTANT PROGRAM REFUSE DEPT £lqQUNTa DEPT DOTAL FUMDZOTAL 65.56 1196 700.00 a71]5 xlbV 13.00 1,434.23 395.21 72.00 2,512.07 1043 61.60 33638 103,118.29 253.87 oo.30 62.12 61.60 36.30 57.60 16.43 61.60 138.07 1,509.45 428.es 2,598.00 1/4.80 16.43 61.00 00 102.00 103.&62.87 4,937.31 a,915.m VENDOR NAME ME RECYCLE DEPT OPWA OPERATING FUND TOTAL GARVER ENGINEERS CAPITAL IMPROVEMENTS FUND FIRST BANK OF OWASSO OPWA SEWERLING EX1 FUND OPWA FUND GRAND TOTAL DETAIL DESCRIPTION AMOUNTS DEPT TOTAL FUND TOTAL 02/02 USE 57.30 SYS IMPROVEMENTS 12/7/99 12,945.00 ELM CREEK NOTE 23,000.00 57.30 123,440.33 12,945.00 23,000.00 159,385.33 w ADDENDUM-OPVVA CLAIMS TO BE PAID 3/19/02 VENDOR NAME DETAIL DESCRIPTION AMOUNT. DEPT TOTAL BUNDTDTA~ OFFICE DEPOT OFFICE SUPPLIES 23028 ADMINISTRATIVE DEPT' --------- 230.28 MILL CREEK LUMBER &SUPPLY REPA|R/MA|NTSUPPL|ES 23.55 OFF|CEDEP0T OFFICE SUPPLIES 18.87 MID-CONTINENT SAFETY SAFETY EQUIP 5073 BROWN FARMS SOD SOD 80.08 WATER PRODUCTS INC WATER METERS 0/1901 88520 FARM PLAN SMALL TOOLS 2.19 WATER PRODUCTS INC METERS/LIDS 019/01 4.577o9 WATER PRODUCTS INC MmmT/nEpx|RSUPPUES 73.26 FARM PLAN PROTECTIVE CLOTHING 214.75 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 45.70 WATER DEPT' --------- 5.92134 n0xRK TRUE VALUE HARDWARE wmwTSUPPL|E6/TOOLS 38.24 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 45.71 TREATMENT PLANT DEPT ---------- 8395 MILL GREEK LUMBER &SUPPLY RsPx|FxMmwTSUPpL|EQ 26.8* MILL CREEK LUMBER &8UPPLY REPA|R/MA|NTSupPuES 65.7e K|RoY&SMITH EQUIPMENT RENTALS 2.555.00 OFFICE DEPOT OFFICE SUPPLIES 7.96 CROW oUnuw8xMs REPAIR PARTS 40.17 8&sELECTRIC REPAIR PARTS 371.00 VvvvGnmmGERINC VALVE WRENCH 49.36 FARM PLAN PROTECTIVE CLOTHING 08.05 WATER PRODUCTS INC SANITARY SEWER MATERIALS 225.30 FARM PLAN PROTECTIVE CLOTHING 80.95 STUART C|R8YCO BALLASTS 37.32 FARM PLAN T00LS/mA|NTEQU|p 12.33 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 45.71 WASTEWATER COLLECTION DEPT --------- 3.592.58 GEORGE m GEORGE SAFETY SAFETY SUPPLIES 45J1 REFUSE DEPT --------- 45.71 WASTE MANAGEMENT Or0K RECYCLE REFUSE 1.877.28 RECYCLE DEPT 1.877.28 OPvvA FUND TOTAL 11.751.14 0pvva FUND GRAND TOTAL 11j51.*4 =====` OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 03/09/02 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES OPWA Administration 0.00 $8,766.27 Utility Billing 0.00 1,855.72 Water 572.23 •,856.61 Wastewater 132.69 8,253.17 Wastewater Collection 8,022.471, Refuse 6.00 4,311.37 Recycle Center 0:00 1,138.32 FUND TOTAL $859.46 $37,203.93 FIVIEMM 1XII011126"s Chairman Trustee MEMORANDUM TO: THE HONORABLE CHAIR TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: RODNEY J RAC' CITY MANAGER SUBJECT: TECH CENTER INT ERCEPTOR PAYBACK DATE. March 15, 2002 0 1� The developers of the Coffee Creels development (located generally on the southeast corner of E 116 "' St N and U.S. highway 169) have requested an agreement between the development company (Owasso Land Trust LLC) and the Owasso Public Works Authority for the purpose of creating a "payback" for their construction of improvements to the City's wastewater collection system. A "payback" agreement is an often used tool that offers a method for developers to recover a portion of the initial cost of an improvement or expansion to the City's infrastructure system (generally the water system or the wastewater system). Most often, one of the prerequisites for a "payback agreement" is that the expansion or improvements to the system are required by the City to serve an area larger than the initial. property to be developed. Thus, in effect, the first developer is building /expanding an infrastructure system that will eventually serve other developers or properties and increase property values of the area served. By allowing a "payback agreement ", the owners or developers of those properties to be benefited will be required to "reimburse" the initial developers for a "pro- rata" share of the initial cost of the improvements. (It should be noted that properties in the service area are not required to pay any portion of the cost unless, and until, their property is actually connected to the system.) In the case of this request, the developers of Coffee Creels have constructed approximately 8000 feet of 12 -inch gravity flow sewer line, 9800 feet of 8 -inch forced main, and a one million gallon -a -day pump station to serve an area of approximately 715 acres. The developer constructed these improvements in compliance with a request from the City of Owasso Public Works Department. The OPWA requested that the lines and pump station be "sized" so as to provide for the fixture development of 715 acres, even though the developer planned to serve only the 150 acres they owned. The certified costs of the project are attached and have been received by the Public Works Department to ensure appropriations of those costs (such certification must accompany any final agreement). The final certified cost of the construction is $803,126.16 TECH CENTER INTERCEPTOR PAYBACK MARCH 15, 2002 PAGE 2 NOTE: It should be noted that both the Owasso Public School System and the Tulsa Technology Center have Joined the developer in providing funds to construct the improvements. The two education entities have put $590,000 in escrow to fund the lrolect: Ties proposed payback ag3 "cement ii approved, will also a I' pay, Pnt of those funds to the two schools. The proposed agreement will establish a total final cost (as certified by the Public Forks Department) and will, if approved by the Trustees, allow for a payback of $1000 per acre for any property that connects to the wastewater main line identified as the "Tech Center Wastewater Expansion Line ", until such time as the total cost is recovered or for a period ten years, whichever comes first. The agreement provides for the $1000 per acre payment to be collected by the OPWA at the time a property is connected to the interceptor, and will be remitted to the Owasso Land Trust LLC on an amlual basis. The "payback agreement" proposed will terminate upon the collection of the certified cost of the line, minus the amount that the property owned by the developer (now or in the future) would pay for their share of the total cost (the developer's property is not excluded from sharing in the cost of the improvements). ADMINISTRATION CAF THE AG EMENT: The administration of the agreement is proposed to be by the City staff. The staff initially proposed that the developer collect the payback and issue a letter to the City that would allow for a connection to the system. However, after further discussion, it appears that the City should actually administer the agreement inclusive of collecting the payback payment, remitting the payment and accounting for the "balance" of allowable payments. Such a system provides for a more acceptable system of accounting of the "balance" allowed by the agreement. As indicated above, the estimated area to be served by the Tech Center Interceptor is 715 acres. That estimate is based on a review of the "drainage basin" the interceptor serves. However, one of the lessons learned from the Elm Creek Payback program was not to define a service area that may be significantly expanded in the future. Therefore, the proposed agreement, if approved, would require that anyone attaching to the interceptor, the pump station, or the forced main would be required to pay the $1000 per acre fee regardless of other required "paybacks" or payback areas. Thus, the agreement in effect will cover any property that connects to the line. That requirement simply protects the developer and ensures a level of fairness. TECH CENTER INTERCEPTOR PAYBACK MARCH 15, X002 PAGE 3 SUMMARY. In sururrary, the developers of Coffee Creek development have requested a payback arrangement that -would require the owners of property wishing to be served by the Tech Center Interceptor to pay a $ 1000 per acre reimbursement to the developers prior to their property being served by the line. The OPWA would, under the agreement, administer the collection and disbursement of payments to ensure proper accounting of the "balance" due the developers. Finally, all of the property served. by the line must contribute equally to the cost of the project, including the property owned by the Owasso Land Trust LLC (excluding only the property owned by the Owasso Public Schools and the Tulsa Technology Center, for a total of 40 acres ). NOTE: It should be noted that the agreement requires several "exhibits ". Exhibits "A" and "B" are plan drawings that have previously been approved by the Public Works Department and are not included in your packet, but will be attached for the official filing. Exhibits "C" and "D" are attached for your review. Exhibits "E" "F" and "O " are cuiTently being drafted and will be attached Upon approval and prior to the Chair's signature on the agreement. It is the staff recommendation that the Trustees approve a payback agreement between the Owasso Public Works Authority and the Owasso Land Trust LLC for the Owasso Tech Interceptor Improvements. •. t It 1. Proposed Agreement 2. Map Showing Improvements & Area Served OWASSO PUBLIC WORDS AUTHORITY SANITARY SEWER PAYBACK CONTRACT (ADAPTED FROM STANDARD FORM OF AGREEMENT) NAME OF PROJECT: Tech Center Interceptor LOCATION: North of 86`t' St. North along the east side of 145`x' E. Ave., heading northerly across 96`" St. North and 106`" St. North to the Southeast comer of U.S. Hwy. 169 and state hwy. 20 2002 CONTRACT NO:---00 I OWNER'S NAMME : Owasso Land Trust, L.L.C. P. O. Box 240 Owasso, Obi. 74055 (918) 272 -5338 CONTRACT This agreement by and between the Owasso Public Works Authority, a Public Trust, first party, hereinafter called the "Authority ", and having the City of Owasso, Oklahoma as its beneficiary, and Owasso Land Trust, L.L.C., an Oklahoma limited liability company, of Owasso, Tulsa County, Oklahoma, second party, hereinafter called the "Owner ", WTTNES SETH That for and in consideration of the terms, covenants, and conditions herein set forth, said parties have agreed and hereby agree as follows: ARTICLE I SANITARY SEWER COLLECTION SYSTEM 1. Provisional Plan. Owner has prepared a plan and profile showing the design, specifications and location of the subject sanitary sewer collection system and other appurtenances of said system ( "the System "), a copy of which plan is hereby attached, marked "Exhibit A" and made a part hereof. 2. Easements. Before commencing any of the work herein agreed upon, Owner shall, at its own expense, acquire good and sufficient indefeasible interest in rights -of -way, either by perpetual easements, dedication, or otherwise, of all lands necessary for the System shown in "Exhibit A ". Said easements shall be granted to the Authority or to the Public. All such instruments, other than final plats, shall be furnished the Authority in duplicate for approval, acceptance and recording. Recording fees shall be paid by the Owner. 3. Construction. Owner shall, in good and first class workmanlike manner, and at its own cost and expense, furnish all the materials, equipment and labor required, and construct the System in a manner conforming to the specifications, requirements, and plans as approved by the Authority, copies of said specifications, requirements and plans being attached hereto (Exhibit A) and made a part of this contract. Owner shall require the contractor constructing the System to provide a maintenance bond (Exhibit G) in the name of the Authority for a period of one year after acceptance of the System by the Authority in the amount of 100 percent of the construction cost. Owner agrees to hold Authority harmless against any liability for damages or claims by reason of such construction. 4. Inspection. At all times during the progress of said construction, Authority shall have the right, at its own cost and expense, to inspect the materials, workmanship and all parts of the construction of the System, and all materials furnished and work done shall be completed to the satisfaction of the Authority. Any material furnished or work done not conforming to the S--M.. specifications of Authority for said material or work shall be removed and replaced to the satisfaction of Authority at Owner's expense, and the extra cost of said work and materials replaced shall not be included as a part of the cost of the System. 5. Final flan. Within a period of thirty (30) days after the completion of the construction of the System, the Owner shall furnish a reproducible and three blue line copies of record drawings of the completed project (Exlribit B), showing the correct location, depth, sizes and length of all lines, including all lift stations, manholes and other appurtenances thereto. Said record drawings shall be drawn to scale by a competent draftsman and shall bear the seal of a professional engineer registered in the State of Oklahoma. _!-after approval of the record drawings by the Public Works Director and acceptaiace of the completed project improvements by the Authority, one copy of the record drawings shall be returned to the Owner and one copy shall be attached to and form a part of this agreement. 6. Costs. Within thirty (30) days after the completion of the constriction, Owner shall furnish to Authority, in triplicate, a certified, Itemized Statement Of Cost of the System (Exhibit C), said statement to be in the form specified by the Authority, and shall show the separately itemized costs for the System; the total cost of said installation shall include cost of materials, excavations, backfrll, and all other work incident thereto, including engineering fees of not to exceed five percent (5 %) of construction cost. Said statement may also include: 1) the Owner's interest expense incurred on the funds borrowed to construct the System (assuming a straight -line 10 year amortization with an interest rate at New York Prime); and; 2) an amount charged by the owner for the General and Administrative Overhead (also known as General Conditions) for delivery of the System, said amount not to exceed five percent (5 %) of the construction costs. Said statement shall not include attorney's fees, charges for installing sewer service connections and meters thereof, or any other charge not hereinabove mentioned. Mier said itemized statement has been approved by the Authority, the same shall be used as a basis for computing the Original Allowable Cost of said distribution system. 7. Original Allowable Cost. The Original Allowable Cost of the System shall consist of the sum of the amounts described in the preceding paragraph six, as approved by the Authority. Upon receipt and approval of Owner's certified statement of cost, the Authority shall prepare a statement of Original Allowable Cost, in triplicate, as to the costs described in the aforesaid paragraph six which shall be marked "Exhibit D ", attached hereto, and made a part hereof. After approval and acceptance of the same by the Board of Trustees of the Owasso Public Works Authority, one copy shall be returned to the Owner and one copy shall be attached hereto and made a part of this contract, and shall be used as the basis for computing the cost of purchase of said distribution system by the Authority. ARTICLE II COLLECTION OF ASSESSMENTS AND CONVEYANCE OF SYSTEM 1. Delivery of Distribution System to Authori . Upon completion of construction of the System in a manner conforming to Authority's regulations, plans, and specifications, and upon Authority's formal acceptance thereof, Owner hereby grants, bargains, sells and conveys to Authority all right, title and interest in and to the System by Bill of Sale (Exhibit E), which shall be attached hereto with lien releases (Exhibit F) and made a part hereof. Authority shall thereafter have, hold, own, operate and maintain the same as a part of the Authority's sanitary sewer collection system. The Authority, consistent with its ownership of the System, shall have the exclusive right to install service connections and meters and to extend and enlarge the System to serve additional areas with sanitary sewer 2. Reimbursement; Comt)ensation. Authority agrees to collect and pay to "Owner" each year during the term of this contract, as payment and compensation for the sale and delivery of the System to Authority (as set out in Article II, Section 1, above), a sum equivalent to one thousand dollars ($1,000.00) per acre for each and every acre, or fraction thereof, that currently, or during the term hereof, seeks permission to discharge its sanitary sewage into or through any portion of the System. The Authority's source for funding all payments required by this Contract Sex'ttPeyhazk2 shall be a $1,000 per acre (or fraction thereof) assessment of lands that seek permission to discharge sanitary sewage into or through any portion of the System. For platted additions to be located inside the city limits of the City of Owasso, Oklahoma ( "the City"), said per acre assessment shall be collected at the time the landowner /developer submits such plat to the City for Final Plat approval. For platted or unplatted subdivisions, if any, located outside the City's limits and which are otherwise permitted to discharge their sanitary sewage into or through the System, or authorized extensions thereof, said per acre assessment shall be collected prior to the subject landowner /developer physically connecting any of its sanitary sewer apparatus into any portion of the City's sanitary sewer system. PROVIDED that the total of all payments paid by Authority to Owner at any particular time during the terra of this contract shall not exceed the amounts collected by means of the per -acre assessments described immediately above. Furthermore, the total of such payments shall not exceed the Original Allowable Cost as defined herein and as shown on Exhibit D, attached hereto. The base period to be used for the computation of annual compensation provided fbr herein shall be the twelve (12) months or portion thereof during which said distribution system is operated by Authority prior to June 30 of each and every year this contract remains in force and effect. it is expressly understood that none of the Owner's land is exempt from the subject assessment described herein simply because of the Owner's advance payments of construction costs for the System, it is also expressly understood that both the Coffee Creek Addition and the Quik Trip Commercial Center #6211 Addition are subject to such assessment, same being dare and payable upon the execution hereof, despite the fact that the final plats thereof have been previously approved by the City. 3. Failure of Authority to PE Compensation. In the event Authority fails to pay the annual compensation herein provided during any period, Authority shall nevertheless continue to exercise all rights granted under this contract, and PROVIDED, FURTHER, that the term of this contract shall be extended by a period equal to the time in which Authority is in default of its compensation payments. 4. Maintenance. Authority agrees that it will operate and maintain the distribution system at its own expense after the expiration of the one -year maintenance bond period. 5. The Right to Suspend or Discontinue. Authority reserves the right to suspend or discontinue sanitary sewer service for any violation of any of the terms hereof, or in the event Authority shall determine that any customers connected to said distribution system shall be in violation of City of Owasso codes, ordinances, rules or regulations. Authority's decision to ration, limit, suspend or discontinue such services shall be final and conclusive, and in no event shall Authority be liable to Owner or to any customer for failure to supply such services. 6. In the event Owner (or its permitted assignees) shall receive from Authority the entire Original Allowable Cost as herein defined at any time prior to the expiration of the term of this agreement, no further payments by the Authority shall be required. 7. Du_ ty to Receive and Transfer Certain Pa rrnents. Owner and Authority understand and acknowledge that the Tulsa Technology Center ( "TTC ") and the Owasso Public School System ( "OPS) have each also contributed funds toward the construction of the System. Specifically, TTC paid $350,000.00 toward the System and OPS paid $240,000.00 toward the System. After the Owner receives payments from the Authority in an amount equal to the Original Allowable Cost less the combined amount of $590,000.00 contributed by TTC and OPS as described above, then, in that event, the Owner shall thereafter transfer all payments received by it during the remaining term hereof to TTC and OPS in the following manner: 25/59 of any such payments to TTC; and 24/59 of any such payments to OPS It is understood that the Authority shall make all required payments hereunder directly to Owner and it is the Owner's duty to transfer all monies as appropriate to TTC and OPS as set forth above. The Authority shall be deemed to have completely fulfilled its obligations hereunder upon the transfer of monies to the Owner. Owner hereby warrants and represents that it will appropriately transfer all monies it may receive hereunder for the benefit of TTC and OPS directly to said parties in a timely manner as set forth above. It is understood that any rights that TTC and OPS may have hereunder shall cease upon the expiration of the term of this Contract, MMERM as defined in Article IV, Paragraph I of this Contract. No monies shall be paid by the Authority for the benefit of any party after this Conti-act expires. 8. S ecific Exemptions. The thirty acres owned by TTC in Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, is exempt from assessment hereunder. Also, the ten acres owned by the Owasso Public School System in Section 16, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma (now known as Northeast Elementary) is exempt from assessment hereunder. ARTICLE III EXTENSIONS AND CONNECTIONS 1. Extensions mid Conriections by Authority. Authority shall have the right to make any extensions, connections or cross-connections deemed necessary by Authority between the sanitary sewer lines constructed by Owner pursuant to this agreement, and any other existing or future sanitary sewer line which may be constructed without the payment of any surn or allowance of any credit upon the Original Allowable Cost; PROVIDED, HOWEVER, that said right shall be restricted to sanitary sewer lines constructed by Authority with public funds. 2. Connections or Extensions by Others. _Authority shall have the right and privilege to permit the connection of other sanitary sewer lines to be constructed by parties other than Authority to the sanitary sewer lines and/or manholes constructed pursuant to this agreement upon the following terms and conditions: In the event the sanitary sewer discharge from such connection flows (by either gravity or pump, or a combination thereof) into or through any part of the System, then the land from which such sanitary sewer is discharged will be subject to the above-described per acre assessment throughout the term of this Agreement. ARTICLE IV MISCELLANEOUS 1. Term of Contract. Unless sooner terminated or extended as herein provided, this contract shall run from the date hereof until the expiration of ten (10) years from the first day of July next following the date on which the aforesaid distribution system is delivered to Authority as provided in Article II, Section 1 hereof. 2. Contract Documents. This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached. 1. Exhibit A: Approved Plans and Specifications of The System 2. Exhibit B: Record Drawings 4. Exhibit C: Owner's Certification of Itemized Statement of Cost 5. Exhibit D: Authority's Approved Statement of Original Allowable Cost 6. Exhibit E: Owner's Bill of Sale to Authority 7. Exhibit F: Lien Releases 8. Exhibit G: One-Year Maintenance Bond 9. This Instrument The contract documents constitute the entire agreement between the parties hereto. 3. Contract Nonassi gqable. Subject to Article II, paragraph 7 hereof, neither this contract, nor any of the rights hereunder shall be sold, assigned, or encumbered by Owner without the consent of the Authority first had and obtained in writing, such consent not to be unreasonably withheld. Successors. This contract shall be binding upon the heirs, successors, and assigns of the parties. 5. Termination for Breach. It is mutually understood and agreed that said approval by the Owasso Public Works Authority of the plan and itemized statement of cost to be submitted by the Owner shall be subject to the Owner truly and faithfully abiding by this contract, and each and every covenant, condition and part thereof, and if the Owner fails to carry out all obligations resting upon said Owner by the terms of this contract, specifications and regulations of the City of Owasso and the Owasso Public Works Authority, then this contract shall be null and void and without force or effect, and the Authority may close access to the System until such time as the Owner has complied with all of the terms of said contract, specifications and regulations to the satisfaction of the Authority. IN WITNESS WHEREOF, said parties have executed this contract in triplicate, this day of ___, 2002. ATTEST: OWASSO PUBLIC WORKS AUTHORITY, A PUBLIC TRUST ecretary APPROVED AS TO FORM: Attorney for Authority S-P"-u By­_ Chairman First Party Date OWASSO LAND TRUST, L.L.C., Title: Manager By­ Title: Member Second Party EXHIBIT "C" OUAJER'S CERTIFICATION V ITEMIZED STATEMENT ITEM OF COSTA DOLLAR AMOUNT: 1, Green Construction - Force main sewer line north from 8 street $42,301.00 , 2. ei Green Construction - Continuation of force main sew Lien to the North _m w 39,838.00 4 3 �_. Hank of Oklahoma_ - Loan costs _ _ _ _ 3,750.00 4._N_Creen Construction - Usernco, Inc. - Duplex submersible pump station_ 54,820.0 _ 6. _ _ _ _ _ _ _ Green Construction - Conti °: +_.r_ation of ¢r�r mains wer tir`ie to _ _. the north 25,229.00 7. Green Construction - Lift st.-ldon installation 14 650.00 87WEC - L.ift Station electrical ��r 35000 9. _up W Green Construction - Force Ma tie into manhole at 86� Street i North and Right of Way clean -up along 145th 4,548,00 j 10. Green tonstruction - Lift Station installation and elevation adjustment; creek crossings and related encasements 19,232.00 11. Green Construction - Force fain; road bores, driveway repairs; valve 22,930.00 12_ . _anti-vacuum _ _ Gr °een Construction 106Street € 145 ', Ave, r °oad bores, gravity tine, casing and pits to accommodate depth 93,015.00 13. Green Construction - fabrication and installation of lift station __extension FiT _ _ _ Clifford bower systems - standby generator for lift statinri ��- v � _4,275.81 22,986.32 15. fowler Electric - Electrical work on lift station _ ___ -_ 6,455.00 16. Southwest Fluid Systems, -Inc. - ackets for lift station m br installation _ 675.00 17. VVEC - electric for i.if" station Ww� � s T- 325.00 18. Green Construction - {gravity line extending north 206,363.25 19. Green Construction r °avity line extending north 24,412.12 20. 0utc;oor Adventures lift station material; related welding 192,50 21. Goss /DL.i l m Surveying expense allocation for entire project (less as- bui.ts) 20,000.00 _ 2. 2f.--15.- D. G_ oss Et Associates - surveying for as -built drawings 1,455.00 23. D. Goss tZ Associates - surveying for as -built drawings 810.00 24. Owasso Fence Co. - fencing around lift station 1,106.00 25. _ Gaffey, Inc. - crane tt hoist for lift station 4,494.51 26. `l°ulsaCounty Clerk - filing fees for related easements 100.00 27. VVEC - electric for lift station to date and thru March 2002 839.20 28. Bank of Oklahoma e Actual interest expense paid to date plus anticipated amount due on 4/25/02 37,925.76 29. Bank of Oklahoma - Interest expense estimated over 10 year term per the Agreement (197k C 6.5% strt. line 10 yr. am.) 77,036.23 SUBTOTAL: Construction Costs (prior to overhead and general administrative and engineering expense) 730,114.70 30. Owasso Land Trust - project overhead and general administrative costs [5% of cost 36,505.73 31. DLH Engineering expense [5% of cost] 36,505.73 TOTAL CONSTRUCTION COSTS $803,126.16 -11001W OWASSO LAND TRUST, L.L.C. By :- - Bye - David E. Charney- Member Pete Kourtis- Member EXHIBIT "D" AUTHORITY'S APPROVED STATEMENT OF ORIGINAL COSTS Category A N Constriction Costs $458,636.37 Category B _. Lift Station Construction Costs $129,237.14 Category C - Surveying Costs $22,265.00 Category D a Interest & Fee Costs $118,811 . 99 Category E - Engineering & Administrative Costs $73,011.46 Total Approved Original Allowable Costs $801,961.96. NOTE: The difference between the total requested payback in Exhibit "C" and the total cost allowed in this exhibit is $1,164.20. The owner requested reimbursement of that amount for the cost of electricity for the operation of the lift station. Such costs are not applicable to the construction of the improvements. By: Maly Lou A arnhouse, Chair 1 1 R - 14 -- E 116TH STREET NORTH �r co w — m0 i Y` uj F � i LsJ F � � 106TH s.. Si EEE% .R NORTH 96TH STREET NORTH L k in 'r. 21 g r ui V) i ___ _1 86TH STREET NORTH E O.L.T. DEVELOr BOX t2 OWASSO, OK 7 055 918 -(2 2 -5338 T 21 P.O. Iff