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1995 WATER MAIN COST PARTICIPATION
CITY AND ACI SELF STORAGE OF DENTON, LTD.
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THE STATE OF TEAS I WATER MAIN COST PARTICIPATION
AGREDGMT BETWEEN THE CITY OF
COUNTY OF DENTON S DENTON AND ACI SELF STORAGE OF
DENTON, LTD
WHEREAS, ACT Self Storage of Denton, Ltd. hereafter referred
to as "Developer," whose business address is P.O. Box 412 ,
Abilene, Texas 79604, wishes to develop and improve certain real
property named ACT Addition (as shown in Exhibit I, attached hereto
and incorporated herein by reference), located in the City of
Denton, Texas or its extraterritorial jurisdiction, and is required
to provide such property with adequate collection capacity by
deuigning, constructing and installing a water main of a minimum
inside diameter of eight inches (S"), hereafter ref rred to as
"required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
lccated at 215 East McKinney, Denton, Texas 76201, hereafter
referred to as "City," in accordance with its ordinances, wishes to
participate in the cost of the construction and installation of
said water main to provide for an "oversized" rater main to expand
its utility system and insure adequate, utility service to other
customers;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows:
1. Developer shall design, install and construct a twelve in- q
ch (1211) water main and, all necessary appurtenances thereto, {
hereafter referred to as "oversized facilities,", located as shown
on Exhibit I, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of
City of Denton, Texas, Developer has entered into a Development
Contract prior to beginning construction of the oversized facili- f
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ties. This Development Contract is attached hereto as Exhibit IT
and incorporated herein by reference. This Agreement is subject to
and governed by this Development Contract and any other applicable
ordinanceo of City.
3. Prior to beginning construction of the oversized facili-
ties, 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 begin- .
ning of construction. If Developer is unable to acquire needed
easements, Developer shall provide city with any requested documen-
tation of efforts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property
wATNR MAIN PARTICIPATION AGREINSNT / Art MY STORA02 01 DRNTON, LTD. PAU I
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owners. Any easements for the oversized facilities obtained by the
Developer shall be assigned to City, if not taken in City's name,
prior to acceptance of the oversized facilities, and Developer war-
rants clear title to such easements and will defend City against
any adverse claim made against such title.
4. City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities, as determined by City, and the cost of the oversized
facilities, as determined by City, shall be in an amount not to
exceed Seven Thousand One Hundred Do..lars and Forty Cents
($7,100.40). City may elect one of the following methods to de-
termine City's share of the cost:
a). Developer shall prepare plans and. specifica-
tions and furnish them to City. City shall
competitively bid the required line and the
oversized facilities in accordance with
Chapter 252 of the Texas Local Government i
Code. The difference in the bids shall be
used to determine City's share, subject to
City's maximum participation in cost as speci-
fied in this Agreement; or
b) Developer shall prepare plans and specifica-
tions and take bids on the required line and
the oversized facilities. City shall pay
Developer the least amount of the following:
(1) The difference in the bids for the
required line and the oversized
facilities;
(2) Thirty percent of the bid on the 1
oversized facilities, as provided
for in §212.072 of the Texas Local
Government Code; or
,3` $7,100.40, the maximum participation
cost allowed herein.
City s::.Ji TT.c in any case, be liable for any additional r:ost
because of dr,Ma s in beginning, continuing or completing conE;:rllc-
tion; chan(3e:: in the price or cost of materials, supplie;j, or
labor; unfun;eeen or unanticipated cost because of topography,
soil, subsurface, or other site conditions; differences in the
calculated and actual per linear feet of pipe or materials needed
for the oversized facilities; 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
construction of the oversized facilities.
NATAR KAIN PARTICIPATION AGARVaNT / ;.CI 9ALR STORAGA Or DDITON, LTD. PAGA 2
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5. Within thirty (30) days of the acceptance of the facili-
ties by City, Developer shall submit to City's Director of Utili-
ties the actual cost of i,he oversized facilities. Should the
actual cost of the oversized iaciliti~s be less than the cost upon
which City's share was determined, City's share of the coat -hall
be reduced proportionally, on a rci linear foot basij, based upon
the difference of the actual cost of the oversized facilities and
the determined cost for required facilities. To determine the
actual cost of the oversized facilities, City ahall 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 summit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the over-
sized facilities.
6. Within sixty (60) days of the date Developer submits sat
isfactory documentation of the actual cost of the oversized facili-
ties, as determined by City, City shall pay to Developer City's
share of the cost thereof.
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7. 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 j
Director of Utilities for City at the address given above.
B. Developer shall indemnify and hold City, its officers and
employees harmless from any and all claims, damages, loss or
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, invitee, contractors
or other persons with regard to the performance of this agreement,
and Developer will, at its own cost and expense, defend and protect
City against any and al.i such claims and demands.
9. If Developer does not begin substantial construction of
the oversized facilities within twelve (12) months of the effective
date of execution of this agreement:, this agreement shall termi-
nate.
10. This instrument embodies the whole agreement of the par-
ties hereto and there are no promises, terms, conditions or obligF.-
tions other than chose contained or incorporated herein. This
agreement shall supersede all previous communications, represents-
Lions or agreements, either verbal or written, between the parties
hereto.
11. This agreement shall not be assigned by Developer without
the express written consent of City.
12. Any and all suits for any breach of this contract, or any
other suit pertaini-ng to or arising out of this agreement, shall be
brought and maintained in a court of competent jurisdiction in l
Denton County, Texas.
WATER MAIN PARTICIPATION AORIENINT / ACI BILP HTORA06 OF DEMON, LTD. PA02 3
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Executed this, the 6?9 day of 1995
ACI SELF STORAGE OF DENrON, LTD.
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ATTEST:
CITY OF DENrON, TEXAS
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CM ATTORNEY
BY:
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NATIM VAIN T"TICIPATION AGRtiMM / ACI 9=J STOU OF OMMA, LTD. PAW 4
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