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THE STATE O TEXAS ~ SEWW MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN FKEl) EVANS AND JIM
COUNTY OF DENTON LEVMU',,TT AND THE CITY OF DENTON, TEXAS
Er
WHWEAS, Nrud Evanrs and Jim Leverett, hereafter reforred to
Lit] "Developer," who0ini: one or more, wishos Lo dovolop and
improve certain real property located within the City of Denton,
Texas or its extrntorritorial Jurisdiction and is required to
provide such property with adequato sower service by designing,
conatructiag and installing a sanitary sower main; and
WHEREAS the City of Denton, hereafter referred to as
"City", in accor.danrc with its ordinances, mny reimburse
Developer for the coat of tho sever main designed, constructed
and installed by Developer based upon pror;•ta charges paid to ,
the City by persons connecting to such sewer wain;
NOW, THLRN OREp in consideration of. the mutual promises and
covenants contained horain, Devoloper and City agree as follows:
1. Developer will design, install and coust:ruct, at no coat
to the City, an eight inch (6") sanitary newer main and all
necessary appurtenances thereto, hereafter referred to as
1 "Facilities extending across and from Pile DeveLoper~s
property, for approximat"ly 532 linear feet, as shown on Exhibit
"A," attached hereto and incorporated by reference
2. Prior to beginning conatructlon Developer shall tinter
into a Development Contract, ns required by Appendix A of the
Code of Ordinances of City. 'Phis agreement shall, be subject to
and governed by ouch Development Contract, which is incorporated
herein by reference, and any other applicable ordinances of City.
3. Prior to beginning construction of the Caci.litie'd,
Developer shall obtain, at his sole cost and expense, all
r' necessary permits, licenses and easements. If easements are
needed, the deeds therefore obtained by Developer shall be
reviewed and approved as to forte and oubeu veo by City prior to
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the beginning of construction. If Developer in unable to
aoquire needed 0at+oins(Its , Ile alialIL provide City with any
requ0r1tod documenttltion of nfiOrts to obtain such easenenty,
including evidence of negotiations and reasonable offers mado to
the effected property owncr.84 Any easoments for the Facilities
obtained by the Developer shall be sasibnecl to City, if not
taken in City's name, prior to Acceptance of the Facilities, and
Developer warrants clear title to such caemonts and will defend
City againat any adverse claim mode against such title.
4 The estimated cost of the design, construction and
installation of facilities, as determined by public bids on the
same or similar projects, on a per linear foot basis, is $17-75
per linear foot or Nine Thousand Four Hundred Forty-three And No
100ths Dollars ($9,443.00) for the oatimated 532 linear feet for
the facilities.
50 Within thirty (30) days of the acceptance of the
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Facilities by the City, Developer shall submit to the City's ~
Director of Utilities the actual cost of the Facilities. To
determine the actual Cost of the Facilities, City shall have the
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right to inspect any anti all records of Developer, his agents,
eiaployees, cattractOra or subcontractors rand shall have the
r161it to require Developer to submit any necessary information,
W docume:ts, invoices, receipts or other records to verify the
actual cost of the Facilities, The Di.roctor of Utilities shall
review and verify tho actual cost of the Facilities and certify I
the allowable reimbursable cost and the date Facilities were
accepted, which certificate shall be attached hereto and bu
f incorporated herein by reference.
6. After title to the Facilities have vested in the City,
the City shall collect a prorata charge Troia any person
connecting to the Facilities in accordance with the provisions
of Appendix A. of the Code of ordinances of the City. Within
PAGE 2/SgWPR PRORATA AGREEMENT/LVANS AND LEVERETT
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thirty (30) days of the receipt of s"ch prorata charges the City
I~ shall transfer such nmcunt collected to Developer.
7. Tho City shall tronefer to Developer prorata charges col-
lected for a period of time of twenty (20) yoars from the date /
Facilities are accepted by City, as specified herein, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the actual certified and verified cost of the
i Facilities
n. The parties hereto recognize that the Facilities subject
to this agreement are necessary to provide sower service to
serve thu Developer's property, Should the City decide that it
wishes to participate in the cost of funding an on= and off-site
I sewer main that would provide greater sewage capacity then the
Facilities Developer is required to install, the faveloper and
City may enter into e separate sewer. Main Oversized
J Participation Agreement, If such agrecmont is entered into, the
actual off-site or on-site sewer mains to be constructed shall
be governed by such agreement, but the prorata charges to be
collected and transferred to Developer shall. be based on the
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terms of this agreament, as though the Facilities subject to
4 this agreement were installed.
9. The prorata charges to be collected by the City and
transferred to Developer in accordance with the ordinances of
the City and this agreement is intended to reimburse the
I4 Developer for the Developer's cost of the Facilities by
requiring persons connecting to such lacilitios, and benefiting
thereby, to participate in the cost of such Facilities, This
agreement shall not be considered to impose any obligation or
liability upon the r4ty to pay for such Facilities from its
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general revenues, bond funds or any other revenues it may
receive, excepL for these prorai:a funds received from persons
connecting{ to such Pacilitiey.
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PAGE 3/SEWER PROKATA AG[tF,EMENT/EVANS AND LEVERVTT
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10, Should tiny court of compotent jurisdiction determine that
all or part of the City's or'di.nnncas on which tho prorata
charges to be paid to Developer under this aF;reoment ara based
are found to be unlawful art) invalid, the City may cease to /
charge or collect such prorata charges for eonnoction to the 1
Facilities and will have no further obligation hereunder.
11, The Developer ahall indemnify and hold tho City harmless
from any and all claims, damages, loss or liability of any kind
whatsoever, by reason of injury to property or persons
occasioned by any act or omission, neglect or wrong dosing of
Developer, its officers, agents, rimployees, invitees,
contractors or other persons with regard to the performance of
this ccntract, and Developer will, at its Own cost and expense,
defend and protect the City against any and all such claims and
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demands.
j 1.2. This instrument embodies the whole agreement of the
parties hereto and there are no promisee, terms, conditions or
obligations other than those contained herein. This contract
shall supersede all previous communications, representations or
agrsen,ents, either verbal or written, between the parties hereto.
13. This agreement shall not be assigned by Developer without
the express written consent of City.
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14. Any and all suits for any breach of this contract, or any
other suit pertaining to or aristog out of this contract, shall
be brought and maintained in a court of competent ;jurisdiction
in Denton County, Texas.
15. This agreement shall be effective for a period of twenty
(20) years of the date facilities are accepted by City or until
Developer has been paid all allowable reimbursable prorata
charges for the facilities, whichever occurs 'first; provided,
however, should Developer fail to begin, or after beginning,
fail to continue substantial construction of the Facilities
within one year from the date of this agreement, this agreement
shall terminate.
PAGE 4/SEWER YRORATA AGREEMENT/RVANS AND LEVERETT
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Exocuted Hli$ the y defy of
DEVELOPER
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CITY CE' N, TEXAS
-rc 4S~.IRLAT CITY OF DENTON, TEXAS A
A:TTE,ST r
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ARLOTALUNt CITY SECRETARY
CITY OF DENTON, TEXAS
1 APPROVED AS TO LEGAL FORM
DEBRA ADAM1 DRAYOVITCHo CITY ATTORNEY
CITY OF DENTON, TEXAS
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PAGE 5/8EWLR PRORATA AGREEMENT/EVANS AND LEVERETT y
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