HomeMy WebLinkAbout1984 T
WATERLINE PRO RATA AGREEMENT -
THE STATE OF TEXAS ) 1
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DEN70N )
l 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 referred to as "City' aria
STORER HOMES, INC., hereinafter referred to as "Owner".
WITNESSETH:
S
WHEREAS, Owner will install an offsite water line from the
City of Denton's Hobson Lane existing line 20,000 feet to Owner's
' development on the south side of Brush Creek Road and the east side
` of State Highway 377 (near City of Argyle); and
WHEREAS. in order to serve this development with water
services, owner will be required to pay the cost of 20,000 feet of
water line and will extend such water line as described above
pursuant to the provisions in effect on the date of this Agreement
of the Denton Development Codri, 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 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 408,500 (19,000'
offsite x $21.50 per foot for 8" siza 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 d•asignee 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 will be completed about November 1984, no
} further reimbursement shall be made to Owner.
C. The reimbursement shall not apply to main extensions
constructed by the City of Denton or under its
I directions from any main construction under the terms
1 of this Agreement.
D. Reimbursement payments shall be made to the Owner or
their assigns if written, and to no other person(s).
~,'OAEi. HOMES, INC., WATERLINE PRO RATA AGREEMENT - PAGE ONE
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E• The reimbursement aforesaid shall be payable only from A
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 l/
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. ,
II.
•_t
That for and in consideration of the Agreements to he
performed by the City as aforesaid, Owner hereby transfers to the
City all of its rights, title and interest in and to the main f
extension described abuva, and any and all easements and right of
way agreements secured by them for the purpose of locating said main
extensions.
•z;
WITNESSETH the hands of the Parties hereto on the day and
yeir first above written. 1
STOKER HOMES, INC.
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eY
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CITY OF DENTON, TEXAS
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RIC ARD O. STEWA T, MAYOR
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d TTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXA.-"
APPROVED AS TO LEGAL FORM:
ROBERT B. HUNTER
i ASSISTANT CITY ATTORNEY
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r..: STORER HOMES, INC., WATERLINE PRO RATE AGREEMENT - PAGE TWO
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