HomeMy WebLinkAbout1985 Flt
1 267E-
THE STATE OF TEXAS tj WATER MAIN PRORATA RE'IMBURSWENT
ACRLKMhNT BETWEEN FRED EVAN.i AND JIM
COUNTY OF DENTON ff LLVERETT AND 'r).% CITY OF 6ENwroN, TEXAS
W!IEREAS Fred 'dvalls and Jim Levi+rett, hnron£tor voferrcd to rf
as "Developer," w° iuthur one or more, wirilios to develop arid
inprovo certain real property located within Hle City of Denton,
Toxas or its extratorritorial jurisdiction and is requi.rod to
provide such property with adequate water sorvicu by designing,
constructing and inntallinl a water moiriy and
WIf1sIt1A.S, the City of Denton, hereafter referred to na
"City", in accordcuiue with its ordinancea, ir,ny reimburse
Developer for the cost of the water main designed, constructed
and installed t )y Doveloner based upon )rorata r:har8os >ni.d to
J
the City by porn ,n connecting to such water main,
NOW, THERr.PORE, in considuration of the mutual promises and
covenants coll~aLnvd herein, Developer and City agree as followsf
1. Developer will design, Install and conuitruct, at no cost a
to the City, a six inch (6") water main and 411 nel-~gsary 1
appurtunances thertsto, hereafter referred to as "Facilif.,tes",
extendinA across and from the Developer Ia property, for
approximately 522 linear foot, as shown oil Exhibit "A," attached
J hereto and incorporated by reference.`
2. Prior to beginning conotruct•ion Developer shall enter
into a Do%,elopment Contract, as required by Appendix A of the
Code of Ordinances of City. This agreement shell be subject to
z and governed by such Development Contract, which is in,.orporated
herein by reference, and e,ny other applicable ordinances of City.
3. Prior to beginning consLructi.on of the Facilities,
Developer shall obtain, at his sole cost and expense, all
necessary perioit;z, liceinses and easements. If easements aro
fs noeded, the deeds therefore obtained by Developer shall bd,
ruuiewud and approvod its to form and subRtonce by City prior to
i
the beginning of construction. Lf Dovalapor ii unable to
acquire needed easements, he shall provide (,,I ty with any
requested d001116entati.On of (-3-';forts to obtain Bich oattetWLSt
including evidonco of neilotiations and roacsonable offers taade to
t
the affected property owners. Any easements Lox the Facilities
obtained by the Developer Hhall be assigned to Gity, if not
tal,•:n in City's name, prior to acceptance of, th;a Varilittes, and
Developer warrants clear, title to such easemanta and will daiond
City against. any adverae clnim tna.do against such titlo,
4. The estimated cost of the design, construction and
r1 installation of facilities, as determined by public bids on the
same or similar projects, on a per linear foot basia, is $11.25
per linear foot or dive Thousand Eight Hundred Sevanty-two and
j
50/100ths Dollars ($51872.50) for the estimated 522 linear feet
for the facilities.
5. Within thirty (30) days of the acceptance of the
Facilities by the City, Developer shall submit to the City's
Director of Utilities the actual cost of the Facilities. To
determine the actual coat of the Facilities, City shall have the
right to inspect any and all records of Developer, his agents,
i emp'loyees$ contractors or subcontractors and shall have the
right to require Developer to submit any necessary information,
documents, invoices, rsoeipt9 or ether records to verify the
actual cost of the Facilities, The Director of Utilities shall
review and verify the actual, coat of the Facilities and"dertify
the allowable reimbursable coat and the dare Facilities were
accepted, which certificate shall be attached hereto and be
incorporated herein by roV rence.
6. After title to the Facilities have vested in the City,
the City shall collect a prorata charge from any person
rrntiecting to the Facilities in accordance with the hrovisiota
i
of Appnndix A of the Code of Ordinances of the City. Within
r i
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PAGE 2/PRORATA REIMBURSEMENT AGREEMENT/E,VANIS AND LEVERET'x
i
thirty (30) days of the reeoipt of such pror.ata charges the City
oliall transfer such amount collected to Developer.
7. The City shall transfer to Developer prorate; charges col-
locted for a period of time of twenty (21)) years from the date
i
Fncili.tii,s are accopted by CLty, as apecifted herein, but shall
not transfer ov reimburse to the Developer an amount of funds in
excess of the actual corti.fied and verified coat of the
FAc11iti.es.
8, '.ihe parties hereto recognize that the facilities vubject
to this agreement are necessary to provide water to serve Cho
Developer's property, Should the City doclde that it wiahes to
participate in the cost of funding an on° and off~slte water
main Chat would provide greater water capacity than tho
Facilities Developer is roquirod to install, the Developer and
City may ontejr into a separate Water Main bversizod
Participation agreement. If such agreement is entered into, the
actual off-site or on-site water mains to be constructed shall
be governed by such agreement, buL the prorate charges to be
collected and transferred to Developer shall be based on tho
terms of this agreement, as though the Nacilities subject, to
,
1 this agreement were installed.
9, The prorat:a charges to be collected by the City and
transferred to Developer in accordance, with the ordi.nancea of
the City and this agreement is intende,al to reimburse the
Developer for the DoveIoper's cost of the Facilities by
requiring persons connecting to such Facilities, 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 City to pay for such facilities from its
gonera'i revenues, bond funds or any other revenues it may
I receive, except for thong prorata funds received from persons
nonnorting to ;jliclt Facilities.
PAGE 3/YlZURATA lt1:YMBUkSpMENt At;lll,EM~:NVE;VANS AND LaritUT
WIP
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U. Shoulu iIlly coiirL of competent jurisdiction dOtOrir1111e that
nil or part of L h o City s ordinances on which tile prorata
chargos to be paid "o developer under this at;t:oetgant are basod
are found to be unlawful are invalid, the City may +.ease to
charge or collect .such prorata churges for Connection to the r
I'
Facilities and will have no further obligation heteuude•r.
11. Tho Developer shall indemnify and hold Lhe City harial.eas
from auy and all, claims, damages, loan or liability of airy kind
whatsoever, by reason of injury to property or portionfl
occasioned by any act or omission, neglect or wrong doing, o.r
Developer, its officors, agents, employella i.nvitnos,
contractors or other persons with regard to the performance of
~I
this contract, and Developer will, at its own coat and exponse,
defend and protect the City against any and all such claims and
demands.
12. This instrument embodies the whole agreement ).C" the
parties hereto And there are no promises, terms, conditions or
This contract
obligations other than those contaisied herein.
t shall, supersede all I)revious communications, representations or
agreements, either verbal or written, between the parties hereto.
13. This agreement shall not be assigned by Developer without
the express written consent of City.
14. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, skull
be bi-ought and maintained in a court of. competent juri-diction
in Donton County, Texas.
15. This agreement shall be effective for a period of twenty
(20) years of ttia date Facilities are accoptod by City or until
Developer has been paid all allowable reiulburnable prorata
charger, i°.or the Facilities, whichever occurs iirst; provided,
however, should Developet fail to begin substantial construction
of the Farilitle;t within one year from the date of this
s
Y;s_M r~;cf. ~ment shall terminate.
it' '(WyvioilLj PAGE, 4/11RORATA K IMBURSEMENT AGREEMENT'/k VANS AND L1VERETT
i
Executed tilts th.a -r~ ;lay of 1985, 1
DEVELOPER
PTO)- LVANri'
~i
A'1" CEST
ell
r cn-Y OF Dr TUN, TEXAS
CITY
CITY OF' DENTON, TEXAS
E t ATTEST:
g i , ,
fi CITY OF DENTON, TEXAS
i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CI'T'Y ATTORNEY
CITY OF DENTON, TEXAS
BY : ` 3 1S ifkWl - -
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i• PAGE 5/PRORATA 'EIMBURSEtdt;NT AGREEMENT/EVANS AND LEVERETT
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4
THE STNEE OF TEXAS S WATER MAIN PRORATA REIMBURSEMENT
AC►tF,EMLNT I;E;TWFF,N DAVID (;ROTENHUIS
COUi4TY OF DENTON 9 AND THE CITY OF DENTON, TEXAS
WHEREAS, David Crotenhuis, hereafter referred to as
"Developer," wiathee to develop and improve certain real property
located within tite City oL Denton, Texas or its extraterritorial
jurisdiction and is required Lo provide such property with
adequate water service by designing, constructing and installing a
water main; and
WHEREAS, the City of Donto", hereafter referred to as !'City",
in accordance with its ordinances, may reimburse Developer for the
coat of the water wain Oesigned, constructed and installed by
Developer based upon pror.ata charges paid to the City by persons
connecting to such water main;
NOW, TflERUOREs in consideration of the mutual promises and
covenants contained her.eiu, Developer and City agree as followsi
1. Developer. will design, install and construct, at no cost to
f the City, an eight inch (8") water wain and all necessary appurte-
nances thereto, hereafter referred to as "Facilities", extending
across and from the Developer's property, for approxiwately 946
linear feet, as (shown on Exhibit "Aattached hereto and
incorporated by refv.rnnr.e,
2, Prior to beginning construction Developer shall enter into
a Development Contract, as required by Appendix A of ttie Code of
` J Ordinances of City. This Agreement shall be subject to and
governed by such Development Contracts which is incorporated
herein by reference, and any other applicable ordinances of City.
3. Prior to beginning conatruettor, of the Facilities,
Developer shall obtain, at his sole crat and expeuae, all
necessary permits, licenses and easements. If easements are
needed, the deeds therefore obtained by Developer shall be
reviewed and approved as to form and substance by City prior to
thn beginning of construction, if Developer is unable to acquire
nrieded easements, ho shall provide City with any requested
documentation of efforts to obtain such easements, including
evidence of negotiations and reasonable offers made to the
t
oEfectild propo:.ty owners;. Any oasernen•cs for the Pacilil:iee y 4
obtained by ti'ja Davel:opor shall. be assi.gr,od to City, if not taken '.1
in ,jay's .1Atnc0 prior Lo nccei,tancu of the eAcili.tica, and
l~rsvolopF~r i.arraots clear title to such easements and will defend
ir.y srajon t Any adverse claim made a&ainst such titla.
4, ?ho ostimated cost of the construction and installation of
Caci:li.ti:es, as del'.ermiaed by public bidh on the same or similar
projects) on a per Linear .Coot baeAs, is $21,50 per linear foot,
or Twenty 'T'housand Throe Hundred Thirty-nine And No 100ths Dollars
($20)339.00) for the estimated 946 linear feet for the Facilities.
5, within thirty (30) clays of the acceptance of the Facilities
by the City, Developer shall submit to the City's Director of
I
Utilities the actual cost of the facilities, To determine the
r- actual cost of the Facilities, City shall have the right to
inspect any and all records of Developer, his agents, employees,
contractors or subcontractors and shall have the right to require
Developer to submit Any necessary information, documents,
I
invoices, receipts or other records to verify the actual cost of
the Facilities. Tile Director of utilities shall review and verify
the actual cost of the Facilities and certify the allowable '
reimbursable cost and the date Facilities were accepted, which
certificate shall be attached hereto and be incorporated herein by
' reference.
w 6. :After title to the Facilities have vested in the city, the
City shall collect a prorata charge from any person connecting to
the Facilities in accordance with ttie provisions of Appendix A of
the Code of Ordinances of the City. Within thirty (30) dayn of
the tioceipt of such prurata charges the City shall transfer such
amount collected to Developer,
7. The City shall transfer to Developer prorata charges col-
lected for a period of time of twenty (20) years from the date
Facilities are accepted by City, as specified hereite, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the actual certified and verified cc;cts of the
Facilities.
at
g, `rtjo parties ncroto recognize that the lacili.ties subject to
this agreement are nace!3sa. y to provide water to serve the Devo- I
leper's property. Should the City docide that it wishes to i
participate in the cost of funding an on and off-site water, main
that would provide greater water capacity their tale Facilities
Developer LO required to inatall, the Developer and City may enter
i
into a separate Water Main Oeorsized Participation Agreement. If
such agreement is entered into, the actual off-site or on-site
water mains to be conbtructed shall be governed by such agreemont~
but the prorate. charges to be collected and transferred to
Developer shall be based on the terms of this agreement, as though
the Facilities sub,joct to this agreement were installed,
9. The prorata charges to be collected by the City and trans-
ferrod to Developer in accordance with the ordinances of the City
kind this agreement is intended to reimburse the Developer for the
Devuloper's cost of the Facilities by requiring persons connecting
to such racilities, and benefiting thereby, to participate in the
cost of such Cacillticas, This agreement shall not be considered
to impose any obli.gatiou or liability upon the City to pay for
such facilities from its general, revenues, bond funds or any other
revenues it may receive, except for those prorata funds received
I,
from persons connecting to such Facilities.
{ 10. Should any court of competent ;jurisdiction determine that
all or part of the City's ordinarces on which the prorata charges
to be paid to developer undc•: this agreement are based are found
to be unlawful are invalid, the City may cease to charge or
collect g,.ah pry+rata charges for connection to the Facilities and
will have no further obligation horeunder,
11. The Developer shall indemnify and hold the City harmless
from any and all claims, damages, lose or liability of any kind
whatsoever, by reason of injury to property or persons occasioned
by any act or omission, neglect or wrong doing of Developer, its
officers, agents, employees, invitees, contractors or other
persons with regard to the performance of this contract, and
Developer will, at its own cost and expense, defend and protect
the t,ity against any and all such claims and demands.
Y
12, ThiB instrumornt embodies the whole agreement of the parties
hereto and thorn are no promises, Corms, conditions or obligations
othor than Chose contained herein, this contract shall suporcede
all previous communications, repro rent:ation ii or agreements, either
verbal. cr written, between the parties hereto,
13. This agreement shall not be assigned by Developer without
the express Written consent of City,
14. Any and all suits for any breach of this contract, or any
other suit pertaining to or art,sing 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 tho date Facilities are accepted by City or until
r- ueveloper has been paid all allowable reimbursable prorate charges
for the Facilities, whichever occurs first; provided, however,
should Developer fail to begin substantial construction of the
i
Facilities within one year from the date of this agreement, this
agreement shall terminate.
Executed this the ~ day of 19850
DEVELOPER
DA MUTE RHUr,
CITY O No TEXAS
~J I
CITY OF.' M NTON, TEXAS
ATTEST:
C ' TAT AUE $ C-ITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM!
DEBRA ADMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
U
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I 101L
THE STATE OF TEXAS 5 WATER MAIN AORATA REIMBURSEMENT
AGRk ,EsMENT BF°1'WFXN I101AGAN DFIVELOPMNNT
COUNTY 0V DENTON ~ Al"J THE GI'i'Y OF DENTONO TEXAS
I
WIIk:It1,A5, Ilol.if nu Development, It, r; , , hereafter reiorred to as
"Dove opcr", wishes to develop And improve, cortain rail property
located wiLnin the City of Denton, 'T'exas or Lta extraterritorial
i
jurisdiction and is required to provide such property with adequAte
water servico by designing, constructing ar-d installing an off-site
w,•tter mein;
WHIIIHMS the City of. Donton, hereafter roforr.ed to as "City",
iu rccordance with its ordinances, may roUburse Dovelopev for the
costa of the oft-site wator main designed, constructed and installed
by Developer bawd upon prorate charevs paid to the City by persons
connecting to such off-sito water anain;
NOW, TUEREFORKF in consideration of the mutual promiseq and
covenants contained herein, Developer and City Agree as follows,
1. Developer will design, install a•.ld construct, at no 008t to
the City, all eight inch (8") off-site water main and all necessary
appurtenances thereto, tior(;cafter referred to as "TaciLities") from
Developer's property, ;:sown as A.ilen Estates Mobile Houiu park, and
extending Approximately 650 linear fear, to the City's existing
twelve (1211) inch water tuain, as shown on ExUbit "A", attached
f hereto oeid incorporated by referatace.
1
` prior. to beginning construction Developer shall antar into a
`--~1 Development Contract, an required by Appendix A of the Code of
Ordinances of City, This Agreement shall be subject to and gow,rneo
by such Development Contract, which is incorporated herein by refer-
ance, and any other.` applicable ordinances of City,
3, prior to beginning construction of the Facilities, Developer
shall obtain, at his sale cost and expense, All nocessaL, permi.ta,
liceoses and off-site easnmonLa. If off-sire easements are needed,
thr-, deeds therefore obtained by Developer shall be reviewed and
approved as to form slid substance by City prior to the beginning of
construction, If Developer is unable to acquive needed ofP-site
easomants, he shall provide Ut,y with any requestod documentation of
PAGF'. 1
efforts to ubtoin sctc'ti cn8ements, I.ncludiug evidence oC ur=.t;ot.i.ations
and reasonable of ff:!rs made to the ,el l;actec! property owu i-a, Any
bl't_sita easomonte, `.or the f' r.ilir.lns obtaitiUd by tile I)ovo
;:!hall be eixeigHed to City, it not talon lu City's name, prior uo
acceptance o" the Facilities, and Developer warram clear' title Lo
t;uch t'tisements and will defend City against any adverse claim made
against such title.
4. The estimated cost of the design, .onstruction Bind
Instal- lation of Facilities, an doLerminod by public lids on tl,c same or
similar projects, on is per linear foot basis, is $21,50 per linear
foot or Thirteen Thousand Nino Widred Seveny-live anti No/100thu
Dollars ($13,975.00) for the estimaLcad 650 linear feet for the
Facilities.
5, Within thirty (30) days of the acceptance of the project by
the City, Developer shall submit f.•.o the City's Director of Utilities
this actual coat of the ?roject. To determine the aerial cost of
the Facilities, City shall havF+ the right to inspect any and all
j records of 7evolopur, his alens, employees, contractors or
subcontractors anti shall hav+ the right to requi.r(I Developer to
submit any necessary information, documents, invoices, receipts or
other records to verify the +ict:uO Projuat costs, The Director of
Utilities shall review and serfly the Certified the cost of the
Facilities and the allowable reimbursable costs and date Facilities
ware accepted shall be attached hereto And he incorporated horuin
by reference.
6, After title to the Facilities have vestud in the City, the
City shall collect a pror.ata charge from any person connecting to
the Facilities in accordance with the provisions of Appendix A of
the Code of Ordinances of the City. Within thirty (30) days of the
receipt of such prorato charges thu City shall transfer such amount
collected to Developer.
7. Tho City shall transfer to Developer prorata ehnrgns
collactod for A period of time of twenty (70) years from this elate
Facilities are accepted by City, as specified horcine but shall not
tva"Hec or reimburse to the %voloper an remount of funds in excess
PACE 2
.
a
Of tha ztct.uel curt If iud rind vurified cos La pi" the FatciIit ies.
8, 'l'ife I,,i t`.Icts iIvrut.o I:ecogni.ze Lhnt the f0ciiit:108 OUbjLCt to
this Agrournotnt urc ndcess(Ul'y to provide water to scr'Ve the. Dove-
IU1)01''s prupcl'Ly. uitou;d the City decide tho.L It Wishes to
pa t- t.i.cipate in L•It m coat: of funding an off-site watur main than
would provide groater wator capacity thou the Facilities Developer
is required to install, the Developer find City May ontor into a
neparrate Water Main Oversized Participation Agreement. If such
agreerouut is entornd into, the actual o#:f••si.:e or. on-trite water
mains to be coostruat:ed ahall be governed by such agreement, but
the proroAa ceturges to be collected and transferred to Developer
MialL be based on the terms of this agreement, res Lhough the
'Y I~acilitivu, subject to this Agreement: were installed.
9. The pvoraata charger to be collected by the City and trans-
found to Developer in accordance with the ordinances of the City
i
and Lhis Agreement is intended to reimburse tite Developer. For the
i
Developor's cost of Lila Facilities by requiring person,, connecting
to such F"ncilit:ies, and benef•itting thereby, to povLicipate in the
cosh of such Facilities. TI.:.s Agreement shall no': be considered to
impose any obligation or Uability upon the City to pay for such
factlitios from its general rovenugs, bond funds or tiny other
revenues it may receivo, except for Chose prorata funds received
E trout pe>:sons conziecting to such Facilities
t'
10. Should any court of competent Jurisdiction detoraAne that all
- or part of the City's ordinances on whirh the prorata ch,xrLwa to be
paid to developer under this Agrteemont are besed are found to be
unlawful are invalid, tho City may copse to charge or collect such
Facilities z d will have no
n co ilia dl
c.onuectio
prorata cltargen for
further obligation hereunder.
11, The Developer shall indemnify and hold the City harmless from
any and all claims, datuagesy loos or liability of any kind whatso-
ever, by reason of injury to property or parsons occasioned by any
act or omission, neglect or wrong doing of Doveloper, its officers,
agents, employees, invitees, contractors or other porsonn with re-
gnrd to the performance of this contract., and Devoloper will, at its
PAGE 3
OWn CUNL ai7d e>:pense, dLafend and protect the City agai.ri,t any and
all auch claims anal demands.
12. This instrumonl olubodies the whole ..l recmetlL of the parties ~
hereto and Lhore t.re uo promises, turms, conditions or obligations
other than those contaitacd herein. This contract: shall supercedA j
all previous communisations, represeritrations or ribreements, either !
verbal or written, between the parties hereto,
13. This agreement shall not be assigned by Developer without
the eXpt'ess 'VI ittMI consent of City.
14. Any and all cults for any breach of this contract, or any
other suit perLeining to or arising out of this contract, shall be
brought and maintained in a court of competent ,jurisdiction in
Denton County, Texan
15. TIJ.s agroement shall be effective for a period of twenty
(20) years of the date Facilltieg are accepted by City or until
Developer harp been paid all allowable reimbursable prorata charges
for the Facil..itios, whichever occurs first.
Executed thl.s the day of , 1905,
liOLl SAN DFl ELOYMENT,' INC
BY: ATTEST,
1.2
CITY OF DENTON, TEXAS
1 . ) WAYOK
CIT OF DF TON, TEXAS
ATTEST:
CHAR OTT %
,
CITY OF DENTONO TEXAS
APPROVED AS TO LECIAL FORMt
DEBRA ADMI DRAYOVT.TCN, CITY ATTORNEY
CITY OF DENTONj TEXAS
BY
PACE; 4
VX1ITBIT A„
606
SPENCER ROAD
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T11h 8TATU' O TE4XA5 3 wtIr R MAIN PRURA1.1% RUMBUROEMENT
AGRI:1;M ,NT i3hTWL11 N R. W. YARBROUGH
CoUwu oil DENTON ~ AND TIIl' CITY OV D1:NTON, TEXAS
w11ERLASt R. W, Yarbuurgn, hQreAJ:ter referrf d to as "Uevc lo~~er",
wirhos to develop and improve certain real property located within ~J
thr. City of Denton, Texas o'. its extraterritorial )urisdiction and
is required to provide such property with adequate water service by
designing, constructing and installing an otf-silo water mains
WHEREAS, the City of Denton, hereafter referred to as "City",
in accordance with its ordinances, may reimburse Developer for the
costs of the off-site water main designod, constricted and installed
by Developer based upon prorata charges paid to the City by persons
connecting to such off-site water maim
NOW, T110 MORE, in consideration of the muU al promises and
covenants contained herein, Developer and City agree as followsl
1_. Developer will design, install and construot, at no Host to
the City, a six inch (611) off-site water main and all necessary
apr,urtenances thereto, hereafter referred to as "Facilities", from
Developer's property, "known as 5auls Addition, anki extending
approximately 420 linear feet along 5aula Lana to tho City's
existing six (6") inch water line on Roberts Street, as shown on
Exhibit "A", attached hereto and incorporated by reference,
j 2, Prior to beginning construction Developer shall enter into a
~J Development Cnnteact, as required by Appendix A of the Code of
ordinances of City. 'Phis Agreement shall be subject to and governed
by such Development Contract, which it; incorporated herein by refer-
erne, and any other applicable ordinances of City,
3, Prior to beginniny construction of the Pacilitias, Developer
shall obtain, at his sole coet and expense, all necessary permits,
licenses and off-situ easements, it nff:-site easements are needed,
the deeds therefora obtained by Developer shall be reviewed and
approvers as to form and substance by City prior to the beginning of
coutruction, if Developer iv,, unable to acquire needed off-situ
easements, lie shall provide City with any requested Godumontation of
otfurt" to obtain Gunn ea"ALVIoontu, includ!.ng evidence of negotiations
aild ro,ksonable oirors mane to the affected i>ropeety owners. Any
off-site e:ascments for the Facilities obtained by tho Developer.
snail be ausigned to Cityr if not taken in City'u nailer prior to
acceptance of the P'acilitiea, and Developer warrants C1e6r ti(lo to f
such oasements and will defend City againut an adverue claim made /
against uuoh tit).e.
4. The estimated cost, ofthe design, construction and imital
:Cation of E.`aci'litiear as determined by public bids on the same or
similar projector on a per linear toot basis, is $21.50 per linear
toot or idi.ght Thouband Nine Hundred Fifty-rive and 43/100ths
Dollaro ($8,955.43) for the estimated 420 linear toot for the
r
Facilities.
5. Within thirty (30) days of the acceptance of the project by
the City, tioveloper shall submit to the City's Uirectol of Utilities
the actual cosL of the i'roject. To aeterititne the ac tual Cost of
the FaciliLies, City shall have the right to inspect any and all
record,o of Developer, his agents, employeeur contractors nr
I
subcontractors and shall have the right to require Developer to
submit any necessary information, documents, islvoiaea, receipts or
other records to verify the (Actual Project costs. Tile Director of
3 Utilities shall review and verily the certified the cost of the
Facilities and the allowable reimbursgble costs and date Facilities
were accepted shall be attached hereto and be incorporated herein
by roferenco,
5 After title to the Vaoilities have vested in the City, the
City shall collect a prorata charge from any person connecting to
the Facilities in acuordanoe with the provisions of Appendix A of
the Code of Ordinances of the (lity. Within thirty (30) days of the
receipt of such peorata chargeH the City shall transfer such amount
collected to Developer,
. The City shall transfer to Developer' prorate charges '
collected for a perie)d of time of rwrnty (20) years 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'
j
oC the vct(lal certif.'ieci aril verified coati; of trio F'aci:Fities,
1
8. The parties hereto recognize that tile. facilities subject to
t)is; Agreement tire necessary to provide. wal;er to scrv+; the Devo-
;.oper's property, t;hou:ld tite Cit.) decide that it wishes tL) 1
F)artioipato in the coat.' uC funding an oft-site water main that
would ptovide greater water capacity then the Facilities Developer !
i
as required to instai.l, the Develop@r anti City may enter into a
-japarate Water Main Oversized. Participation Agreement, if such
agreement is entered into, the actual off-site or on-site water
mains to be constructed shall, be governed by such agreement, but
trio prorata charges to be collected and transferred to Developer
shall be based on the terms of this agreement, as though the
Facilities subject to tnid Agreement were inutslled.
9. Tile prorata oharyos to be collected by the City and trans-
(erred to Developer in accordance with the ordinances of the City
and this Ayreement is intended to reimburse the Developer for the
beveloperlb cost of the Facilities by requiring persons connecting
I to such Facilittes, and benefitting thereby, to participate in the
coot of such Facilities. This Agreement shall not be consideved to
impose any obligation or liability upon the City to pay tot such
facilities from its general revenues, bond funds or any ether
revenues it may receive, except for those prorata funds received
I Crom pvrtons connecting to such Facilities.
10. Should any court of competent jurisdiction determine that all
or part of the City's ordinances oh whioir the pr0eata charges to be
paid to developer under this Agreement are based are found to be
unlawful are invalid, the City may oriase to charge or collect such
pror.ata charges for connection to the Facilities and will have no
further obligation hereunder.
11 The Developer shall indemnify and hold the City harmleas from
any and all claims, damages, loss or liability of any kind whatso-
ever, by reason of injury to property or persons occasioned by any
not or omission, neglect or wrong doing of Developer, its officers,
agents, employees, invitess," contractors or other persona with Y6-
gard to the performance of this contract, and Developer will, at its
I
own cast and expanse, defend and protect the City against any and }
all such claims and demands.
12. This .instrument embodies the wliol.e agreement of the parties
hereto and those are no promises, terms, conditions or obiigations
other than those contained herein. This contract shall, supersede
III all previous communications, representations or agroemontn, either
verbal or written, between the parties hereto.
13. This agreement shall not be assigned by Developer without
the oxpresa written consent of City.
19. Any and all suits for any breach of this contract, or any
other ,,uit pertaining to or arising 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
I
j Developer has been paid all allowable reimbursable prorata charges
for the Facilities, whichever oocurs first.
Executed this the clay of 1985.
R IjU
ATTEST
kk
SECRETARY
CITY OF DENTON, TEXAS
CITY MANA
BY i 'lz'
OP4 gm ac
ATTEST;
-'//~~//~~Q~
Cf ARLO'TTE ALLLN, CITY 8l CRETARY
CITY 05 DENTONr TEXAS
APPROVED AS TO LEGAL FORMt
DEBRA ADAMI DRAYOVITCBi CITY ATTORNEY
CITY OF DENTON, TEXAS
I
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