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HomeMy WebLinkAbout1984 WATERLINE PRO C`TA AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: § r 7~ THAT THIS AGREEMENT is made this day of 1984 by and between the City of Denton, a Municipal Corporation of the County of Denton and the State of Texas, hereinafter 1 referred to as "City" and ROFFINO-WALTERS PROPERTIES, INC., hereinafter referred to as "Owner". WITNESSETH: WHEREAS, Owner will install a water lire froci the City of Denton's 6" existing line extended from Barnard Street 430 feet to on either s,'-de of Owner's development on the north side of Chestnut Street and west of Barnard St., %;ollage Addition, Lot i 1, Block 1; and J1 WHEREAS, in order to serve this velopment with water I services, Owner will be required to pay the cost of 430 feet of water line and will extend such water line as described auove pursuant to the provisions in effect on the date of this Agreement of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas, as heretofore amended; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of such water line extension for the benefit of Owner and the City, the City agrees to reimburse Owner not to exceed his cost of construction only of such main extension the sum of $5,375.00 WATERLINE PRO RATA AGREEMENT-COLLEGE ADDITION-CHESTNU' STREET ROFFINO-WAITERS, PROPERTIES, INC.-PAGE I i (430') offsite x $12.50 per foot for 6" i size line] under the provisions in effect on the date of this Agreement of the Denton Development Code of the City of .Denton, Texas, as heretofore amended with the following limitations; A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite water line construction as presented by the e Owners. B. After the expiration of date of the completion oftnt (2 wthe water year which has been completed about extension, further reimbursement shall be made t to Cwner, 1984, no C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under directions from any main construction under its of this Agreement. the terms D. Reimbursement payments shall be made to the Ow fff ) or their assigns if written, and to no other person 's). E. The reimbursement aforesaid a , ) from funds received by the Citll be payable only Penton Development Code. Y Pursuant to said + F. There shall be a maximum of twent + Period of eligibilit y (20) years as the of the main may eligibility wherein the original installer o! is under may request reimbursement of pro rata pay_ y men this shall begin as tie edecte. The period of eligibility 1 acceptance of the exte of final inspection and rt nsion by the city. G. All pro rata fees incurred under the provisions of the Denton Development Code shall be paid directly to the City and the City shall transfer amounts due to owner within thirty (30) days of receipt. II. That for and in consideration of the Agreements to be performed by the City as aforesaid, Owner hereby transfers to the City all of its rights, title and interest in and to the main extension described above, and any and all easements and right of way agreements seci:red by them for the purpose of locating said main extensions. WITNESSETH the hands of the Parties hrreto on the day and year first above written. ROrFI\O-(WALTERS PROPERTIES, Iil'C. 4' BY: WATERLINE PRO RATA AGREEN ENT-COLLEGE ADDITION-CHESTNUT STREET ROFFINO-WALTERS, PROPERTIES, INC.-PAGE 2 I • J CITY OF DEN'TON, TEXAS 41 *IHAA 04STE MAYOR ATTEST: C ALTT kiN~~,CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: , 1 JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: r , a WATERLINE PRO RATA AGRF,EMEN'i-COLLEGE ADDITION-CHESTNIT STREET ROFFINO-WALTERS, PROPERTIES, INC.-PAGE 3 4 .~,...r Fl- i C f ~ 1 WATERLINE PRO RATA AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: / COUNTY OF DENTON t ' s THAT THIS AGREEMENT is made this d of 1984 by and between the City of Denton, a Municipal Corporation of the County cf Denton and the State of Texas, hereinafter referred to as "City" and ROFFINO-WALTERS PROPERTIES, INC., hereinafter referred to as "Owner". WITNESSETH: WHEREAS, Owner will install a water line from the City of Denton's 8" existing line 470 feet to Owner's development on the north side of west Prairie Street and west of Welch Street to Lot 9, Block 4, of College Addition; and 1 WHEREAS, in order to serve this development with water services, Owner will be required to pay the cost of 470 feet of + water line and will extend such water line as described above pursuant to the provisions in effect the date of this Agreement of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas, as heretofore amended; and WHEREAS, the Owner desires to receive reimbursement for such cost under the provisions of said Denton Development Code of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: 1. That for and in consideration of the construction of such water line extension for _he benefit of Owner and the City, the City egrecs to reimburse Owner not to exceed his cost of construction only of such main extension the sum of $5,875.00 (470' o€fsite x $12.50 per foot for G" size line) under the WATERLINE PRO RATA AGREEMENT-COLLEGE ADDITION-W. PRAIRIE ST. ROFFINO-WALTERS, PROPERTIES, INC.-PAGE 1 -~.r~•-Ili 77 i t provisions in effect on the date of this Agreement of the Denton Development Code of the City of Denton, Texas, as heretofore amended with the following limitation;: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite water line construction as presented by the Owners. B. After the expiration of twenty (20) years from this date of the completion of the water main extension, which has been completed about June 5, 1934, no further reimbursement shall be made to Owner. t ' C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or i their assigns if written, and to no other person(s). E. The reimbursement aforesaid shall be payable only from funds received by the City pursuant to said Denton Development Code. F. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the main may reauest reimbursement of pro rata payments under this Agreement. The period of eligi- bility shall begin as the date of final inspection and acceptance of the extension by the City. G. All pro rata fees incurred under the provisions of the Denton Development Code shall be paid directly to the City and the City shall transfer amounts due i to owner within thirty (30) days of receipt. II. i That for and in consideration of the Agreements to be per- formed by the City as aforesaid, Owner hereby transfers to the City all of its rights, title and interest in and to the main extension described above, and any and all easements and right of way agreements secured by them for the purpose of locating said main extensions. WITNESSETH the hands of the Parties hereto on the day and year first above written. ROFFINO-W 1T-ERS PROPERTIES, INC. BY: WATERLINE PRO RATA AGREEMENT-COLLEGE ADDITION-W. PRAIRIE ST. ROFFINO-WALTERS, PROPERTIES, INC.-PAGE 2 1 CITY OF DENTON, TEXAS I i I D C. ST W , YOh ATTEST: CHARLOTTE ALLEN, CITY SECRETARY s CITY OF DENTON, TEXAS , APPROVED AS TO LEGAL FORM: j JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS Ii BY: , i r I i t WATERLINE PRO RATA AGREEMENT-COLLEGF, ADDITION-W. PRAIRIE ST. ROFFINO-WALTERS, PROPERTIES, INC.-Pf.GE 3 1 ~ 9 L Ois1 SEWERLINE PRO RATA AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) ` THAT THIS AGREEMENT is made this day of i , 1984 by and between the Cicy of Denton, a Municipal Corporation of the County of Denton and the State of Texas, hereinafter referred to as "City" and WESTON DEVELOPMENT CORP., hereinafter referred to as "Owner". 1 ' WITNESSETH: WHEREAS, Owner will install a sanitary sewer line from the City of Denton's 18" existing line 1494.58 feet to Owner's development on the west side of Mockingbird Lane called Bellaire Heights, Phase III; and WHEREAS, in order to serve this development with sewer services, Owner will be required to pay the cost of 1494.58 feet of sewer line and will extend such sewer line as described above 1 pursuant to the provisions in effect on the date of this Agreement ~ i of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas, as heretofore amended; and I WHEREAS, the Owner desires to receive reimbursement for I i such cost under the provisions of said Denton Development Cede of the City of Denton, Texas; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of such sewer line extension for the benefit of Owner and the City, the City agrees to reimburse Owner not to exceed his cost of construction only of such main extension the sum of $28.03:9.09 under the provisions in effect on the date of this AgreemenE of the Denton Development Code of the City of Denton, Texas, as heretofore amended with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite sewer line construction as preseotcd by the Owners. B. After the expiration of twenty (20) years from the date of the completion of the sewer line extension, no further reimbursement shall be made to Owner. SEWERM E PRO RATA AGREEMENT- BELLAIRE HEIGHTS PHASE III WEST0I4 DEVELOPMENT CORPORATION -PAGE 1 V 1 a C. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main con.:truction under the terms of this Agreement. D. Reimbursement payments shall be made to the Owner or their assigns if written, and to no other person(,). E. The reimbursement aforesaid shall be payable only from fu.:ds received by the City pursuanL to said Denton Development Code. F. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original installer of the sewer line may request reimbursement of pro rata payments under this Agreement. The period of ! eligibility shall begin as the date of final inspection and acceptance of the extension by the City. ~ G. All pro rata fees incurred under the provisions of the Denton Develop~aent Code shall be paid directly to the City and thr, City shall transfer amounts due to owner within thirty (30) days of receipt. II. That for and in consideration of the Agreements to b3 performed by the City as aforesaid, Owner hereby transfers to the City all of its rights, title and interest in and to the sewer line extension described above, and any and all easements and right of way agreements secured by them for the purpose of locating said sewer line extensions. • WITNESSETH the hands of the Parties Hereto on the day and year first above written. E WEST014 DEVELOPMENT CORP. / l peep. . Burris,' urr s, President CITY OF DENTM , TEXAS T. , PA r-c) 7s f ATTEST: 41 L L T A , E-' CITY OF DENTON, TEXAS APPROVED AS TO LEGAI. FORM: JOl NOR S, ACTIP7G C-LTY ATTORNF,Y 1 SEWERLINE PRO KATA AGREEMENT-BELLAIRE HEIGHTS PHASE; III WESTIN DEVELOPMENP CORP.- P.%CE 2 Ls- F f 1 I i i i i I 1 FILE