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WATERLINE OVERSIZE PARTICIPATION AGREEMENT
THE STATE OF TEXAS S
ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
THAT WHEREAS, STORER HOMES, INC., is the Developer of certain
property shown on the attached rr,aP, which map is incorporated
herein as if set forth in full, and furth,.r described as property
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on Brush .reek Road and State Highway 3770 (near City of Argyle),
and Developer desires to serve such property with 20,000 feet of
on and offsite water line facilities; and,
WHEREAS, the Argyle Water Supply Corporation (AWSC) desires
that such on and offsite water facilities be oversized and the
AWSC will participate in the additional cost of the oversized
facilities from the north side of the Santa Fe Railroad, approxi-
mately 14,000 feet to the south end of the Storer property,
pursuant to the provisions of the Denton Development Code,
Appendix A to the Code of Ordinances of the City of Denton
Texaa; and
WHEREAS, the City of Denton also desires that such on and
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off site water facilities be oversized and the City of Denton
will participate in the additional cost of the oversized
t facilities from Hobson Lane to the north side of the Santa Fe
Railroad, approximately 6,000 feet, pursuant to the provisions
of the Denton Development Code of the City of Denton, Texas;
NOW, THEREFORE, THIS AGREEMENT, made this J_ day of
1984, by and between STORER HOMES INC., ARGYLE
WATE CORPORATION (AWSC), LND THE CITY OF DENTON, TEXAS, a Home
Rule Municipal Corporation of the State of Texas, hereinafter
R called "City";
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WITNESSETH:
1. The Developer and AWSC will install, by contract or
f otherwise, a 16' water line and appurtenances to serve the
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property described on the attached map in accordance with all
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1 WATERLINE OVERSIZE PARTICIPATION AGREEMENT/STURER HOMES, INC.
PAGE 1
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City of Denton ordinances, rules, regulations, policies and
procedures. The said facilities shall be located as shown on
the attached slap which is made a part hereof for all intents and
3 purposes. The engineering design and easement e,icchases will be
paid by the Developer and AWSC.
2. The AWSC share of the estimated cost of oversizing said
facilities is $1681000 (14,000' x 432-X20.00) for construction
only. The City of Denton share of the estimatea cost of
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tx oversizing said facilities is $121000 (6,000' x $32 - $20.00)
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` for construction only. Upon completion of construction and
acceptance by the City oi.. said facilities, the actual cost of
the AWSC and City's oversize participation in said facilities
shall br determined and certified to by tie Director of
' Ut'.lities or his designee, and his cert'.ficate setting out the
F~ A'4SC and City's cost of said facilities shall be attached hereto
and made a part hereof.
3. The AWSC. and City shall pay for their shares of the
facilities within thirty (30) days from the date of acceptance
of tho facilities, or under such terms and conditions thaw are
mutually acceptable to the parties.
4. Title to said facilities is hereby and shall at all times
be vest_d in the City.
5. The Developer and AWSC shall and does hereby agree to
indemnify and hold harmless the City from any and all damages,
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loss or liability of any kind whatsoever, by reason of injury to
property or third person occasioned by any act or omission,
neglect or wrong-doing of Developer or AWSC, its officers,
agents, employees, invitees, contractors or other persons with
regard to the performance of this contract, and Developer and
AWSC will, at their own cost and expense, defend and protect
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against any and all such claims and dema'.us.
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WATERLINL OVERSIZE PARTICIPATION AGREEMENT/STORER HU,MES# INC.
PAGE 2
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IN WITNESS WHEREOr, this instrument is executed in by said
parties th!.s;l~ay of 1984.
ARGYLE WATER SUPPLY CORPORATION STORER HOMES INCORPORATED
(AWS0
BY: BY:
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CITY OF DENTON, TEXAS
BY:
? I ARD O. STE A MAYOR
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ATTEST:
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C ARLOTT CITY SECRETORY
CITY OF DENTON, FXAS
APPROVED AS TO LEGAL FORM:
JOE D. MORRIS, ACTING CITY ATTORNEY
BY.
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f + WATERLINE OVERSIZE PARTICIPATION AGREEMENT/STORER HOMES, INC.
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