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SE'WERLINE PRO RATA AGREEMENT
THE STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COU14TY OF DENTON }
i THAT THIS AGREEMENT is made this ''ffaof
between the City of r,~rIiton, a Municipal corporation of y 19by and
the County and
i Denton and the State of Texas, hereinafter referred to as 'City' `
STCRER HOMES r and
~ C., hereinafter referred to as 'Owner'.
WITNESSETH:
WHEREAS, Owner will install an offsite sewer line from the
City of Denton's Hickory creek existing line approximately to Owner's development on the south side of rush aCreek 9Road
and the east side of State Highway 377 (near City of Argyle); and
WHEREAS, in order to serve this development with sewer
services, Cwner will be required to pay the cost of a "
pproximately
91000 feet of sewer line and will extend such -ewer line as
descriAed above ~
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 cu,.sideration of the premises and the I
mutual covenants and agreements hereinafter provided, the parties
hereto agree as follows:
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 estimated sum of 1891000 (9000'
offsite x $21 per foot for 10' size line) under the provisions in
r effect on the date of this Agreement of the Denton Development Code
6 of the City of Denton, Texas, as heretofore amended with toe
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 presented by the
Owners.
Y
B. After the expiration of twenty
date of the completion of the sewer main extensions
which will be completed about November 1984, no
further reimbursement shall be made to Uwner.
C. The reimbursement shall not apply to main extensions
constricted by the City of Denton or under its
directions from any main construction under the terms
i of this Agreement.
D. Reimbursement payments shall be made to the Owner or
their assigns it written, and to no other person(s),
STORER HOMES, INC., SEWERLINE PRO RATA AGREEMENT - PAGE ONE
V
( E• The reimbursement aforesaid shall be payable only from
funds received by '•he City pursuant to said Denton
Development Code.
i
F. There shall be a maximum of twenty (20) years as the
! period of eligibility wherein the original irstaller
of the main 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 Development Code shall be paid directly to the
city and the city shall transfer amounts due to owner
within thirty (30) days of receipt.
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 secured by them for the purpose of locating said main j
extensions. i y
WITNESSETH the hands of the Parties hereto on the day and
year first above written.
i
STORER HOMES, INC. j
BY ~ v
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CITY OF DENTON, TEXAS
IC RD O. STEWA , MAYOR
ATTEST:
q
y
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
ry~-
ROBERT B. HU14TER
ASSISTANT CITY ATTORNEY
c
?r .a4rtia STORER,HOMES, INC., SEWERLINE PRO RATA AGREEMENT - PAGE TWO
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