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1995 WATER A SEWER MAIN PRORATA
REIMBURSEMENT
CITY AND OAKS OF MONTECITO, LTD.
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WATER & SEWER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON
AND OAKS OF MONTECITO, LTD.,
WHEREAS, Oaks of Montecito, Ltd., whose business address is 14860
Montfort, Dallas, Tx. 75240, wishes to develop and improve
property located in Montecito Del Sur, Section 2, Phase II, in
the City of Denton, Texas or its extraterritorial jurisdiction,
and is required to provide such property with adequate water and
sewer service by designing, constructing and installing water and
sewer facilities; and
VITTEREAS, the City of Denton (City) a municipal c-)rporation
1L..ated at 215 East McKinney, Denton, Texas 76201, in accordance
with its ordinances may reimburse Developer for the costs of the
water main installed by Developer bated upon prorata charges paid
to the City by persons connecting to the water main;
NOW, THEREFORE, in consideration of their mutual promises,
Developer and City agree as follows:
1. Developer shall design, install, and construct, at no
cost to the City the following facilities:
a) 968 LF of a six inch (611) water main plus all
necessary appurtenances including water service to
twelve (12) lots.
b) 704 LF of eight inch (81) sanitary sewer plus all
necessary appurtenances including sewer service to
eleven (11) lots.
Exhibit A, attached hereto and incorporated herein by reference, 1
shall be subject to prorata reimbursement in accordance with this )
Agreement.
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F 2. Prior to beginning construction of the facilities,
Developer shall obtain, at Developer's sole cost and expense all
necessary permits, licenses and easements. If easements are
• needed, the deeds 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
needad easements, Developer shall provide City with any requested
documentation of efforts to obtain such easements, including
evidence of negotiations and reasonable offers made to the
affected property owners. Any easements for the facilities
• obtained by the Developer shrill be assigned to City, if not taken •
in City's name, prior to acceptance of the facilities, and
Developer warrants clear title to such easements and will defend
City against any adverse claim made against such title.
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3. The estimated cost of the design, construction and
installation of the water facilities subject to prorata
reimbursement is Twenty Three Dollars and Sixty Four Cents
($73.64) per linear foot for the estimated Twenty Two Thousand
Eight Hundred Eighty Five Dollars and Twenty Cents ($22,885.20)
for the nine hundred sixty eight linear feet (968') of water
facilities.
4. The estimated design, construction and installation of
the sanitary sewer facilities subject to prorat_a reimbursement in
Twenty Four Dollars and Fifty Nine Cents ($24.59) per linear foot
for the estimated Seventeen Thousand Three Hundred Fourteen
Dollars and Eighty one Cents ($17,314.81) for the seven hundred
tour linear feet (704') of sewer facilities.
5. Within thirty (30) days of the acceptance of the i
facilities by the City, Developer shall submit to the City's
Executive Director of Utilities the actual cost of the
facilities. To determine the actual cost of the facilities, City
shall have the right to inspect any and all records of Developer,
his agents, employees, contractors or subcontractors and shall
have the right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to
verify the actual cost of the facilities. The Executive Director
of Utilities shall review and verify the actual cost of the
facilities and certify the allowable reimbursable cost and the
date the facilities were accepted, which certificate shall be
attached hereto and be incorporated herein by reference.
6. After title to the facilities have vested in the City,
the City shall ccl:ect a prorata charge from any person
connecting to the off-site facilities in accordance with the
provisions of the Code of ordinances of the City. Within thirty
(30) days of the receipt of prorata charges the City shall
transfer such amount, collected to developer.
7. The City shall transfer to Developer prorata charges
collected for a period of time of twenty (20) years from the date
facilities are accepted by City, as specified herein, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities.
8. The parties hereto recognize that the facilities
subject to this Agreement are necessary to provide water service
to the Developer's property. Should the City decide that it
wishes to participate in the cost of funding a water main that
would provide greater water rapacity than the facilities
S Developer is required to install, the Developer and City may •
enter into a separate Water Main Participation Agreement to
provide for the sharing of cost of such oversized main. If such
Agreement is entered into, the actual Agreement, but the prorate
charges to be collected and transferred to Developer shall be
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based on the terms of this Agreement, as through the facilities
subject to this Agreement were installed.
9. The prorata charges to be collected by the City and
transferred to Developer in accordance with the ordinances of the
City and this Agreement are intended to reimburse the Developer {
for the Developer's cost of the facilities by requiring persons
connecting who benefit thereby to participate in the cost of the
facilities. This Agreement shall not be considered to impose any
obligation or liability upon the city to pay for the facilities }
from itE general revenues, bond funds or any other revenues it
may receive, except for those prorata funds received from persons
connecting to such facilities.
10. Should any court of competent jurisdiction determine
that all or part of the City's ordinance on which the prorata
charges to be paid cc developer under this Agreement are based
are found to be unlawful or invalid, the City may cease to charge
or collect the prorata charges for connection to the facilitieo
and will have no further obligation hereunder.
11. All notices, payments or communications to be given or
made pursuant to this Agreement by the parties hereto, shall be
sent to Developer at the business address given above and to the
Executive Director of Utilities for the City at the address given
above. The Developer shall maintain a current business address
on record with the City at all ti,mee to facilitate
communications.
12. The Developer shall indemnify and hold the City
harmless from any a•d all claims, damages, loss cr liability of
any kind whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of
Developer, its officers, agents, employees, invitees, contractors
or other persons with regard to the performance of this
Agreement, and Developer will, at its own cost and expense,
defend and protect the City against any and all such claims and
demands.
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13. This instrument embodies the whole Agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein. This Agreement
shall supersede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
14. This Agreement shall not be assigned by Developer
without the express written consent of City.
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15. Any and fill Suits for any breach of this Agreement, or
any other suit perl.~,ining to or arising out of this Agreement,
shall be brought anc; maintained in the court. of competent
jurisdiction in Denton County, Texas.
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16. This Agreement shall be effective nor a period of
twenty (20) years from the date facilities are accepted by City
or until Developer has been paid all allowable reimbursable
prorata charges for the facilities, whichever occurs :i.rst; provided, however, should Developer fail to begin substantial
construction of the facilities within one year from the date of
execution of this Agreement, this Agreement shall terminate.
Executed this the day of 199•
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CITY OF'M, TPi
BY ffL_ riS C1P
LLOYrJ dARRELL, CITY 1(38R
ATTEST:
JENNIFER FALTERS, CITY SECRETARY
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B a-
A 'ROVED AS TO LEGAL FORM:
MIKE BUCSK, ACTING CITY ATTORNEY
BY/fs~~
t3 OAKS OF MONTEC1 LTD.
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EXHIBIT A
ESTIMATED COST OF PRO-RATA WATER AND SEWER MAINS TO SERVE `
LOTS 17 THROUGH 24, BLOCK A, MONTECITO DEL SUR, PHASE I
LOTS 2 AND 3, BLOCK G, MONTECITO DEL SUR, SECTION 2, PHASE II
LOTS 2 AND 3, BLOCK H, MONTECITO DEL SUR, SECTION 2, PHASE II
ITEM QUANTITY UNIT PRICE EXTENSION
Waterline Facilities 1 EA 350.00 $/EA $350.00
Connect to Existing System
6-inch Watermaln 968 LF 10,25 $/LF $9,922.00
6-Inch Gate Valve 4 EA 335.00 $/EA $1,340,00
6x6xt3-inch Tee 2 EA 181.00 L$/EA $362.00
6-inch 90 degree bend 1 EA 107.00 $/EA $107.00
Backfill at Street Crossing 50 LF 18 99 $/LF $949,50
Fire Hydrant (fl-inch, City 2 EA 1100.00 $/EA $2,200.00
Standard)
1" Water Service Group 12 EA 191.00 $/EA $2,292,00
1 Water Service Line 326 LF 16.45 $/LF $5,362.70
Estimated Cost of Watermain Construction $22,885.20
Sanitary Sewer Facilities 1 EA 650,00 $/EA $650,00
Connect to Existing Manhole
8-inch Sewer Pipe, 0'-6' deep 424 LF 10.99 $/EA $4,659,76
8-inch Sewer Pipe, 6'-8' deep 280 LF 11.99 $/EA $3,357.20
Standard Manhole 3 EA 965,00 $/EA $2,895.00
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Adjust Manhole Cover I EA 350.00 $/EA $350.00
• Trench Safety 28% 2500.00 $/Lump Sum $700.00
4" Service Wye 9 EA 95.00 $/EA $855.00
4" Service Line 205 LF 18.77 $/LF $3,847.85
Estimated Cost of Sanitary Sewer $17'314'81
• Estimate of Total Pro-rata Facilities •
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ON-SITE AREAS WHICH GET SERVICE
MM pROpO= pR0-RATA WA70 30
AND SEWER FiVCEMES
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11 SERVICE 9
nM PPROP PRO - WA WATER
AND SEWER FACILITIES 32
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METROPLEX
SERVICE AREA ENGDMEPnNa
EXHIBIT CONSULTANTS
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