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THE STATE OF TEXAS i WAfER MAIN COST PARTICIPATION AGREE-
MENT BETWEEN THE CITY OF rENTON AND
COUNTY OF DENTON I IMMACULATE CONCEPTION CATHOLIC CHURCH i
! WHEREAS Immaculate Conception Catholic Church (Denton
# Pilgrim Addition), hereafter referred to as "Developer," whether
one or more, whose business address is 1215 North Elm Street, E
Denton, Texas 76201, wishes to develop and improve certain real
property located in the City of Denton, Texas or its extra.
territorial jurisdiction, and is required to provide such
roper.y with adequate water by designing, constructing and
installing a water main of a minimum inside diameter of twelve
inches (12"), hereafter referred to as "required facilitie:."; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E. McKinney, Denton, Texas 76201, hereafter
referred to as "City," In accordance with its ordinances, uishe.,
to participate in the cost of the construction and installation
of said water main to provide for an "oversized" water main to
expand its utility system and insure adequate utility service to
{ other customers;
NOW, THEREFORE, in consideration of the mutual promises and {
covenants contained herein, Developer and City agree as follows:
1 Developer shall design, install and construct a sixteen
inch .(1611) water main and all necessary appur'.enances thereto,
hereafter referred to as "oversized facilities,", located as
shown on Attachuents I and II0 attached hereto and Incorporated
'ieroin by reference,
2. Prior to beginning construction of the oversized facil-
itles, Developer shall ente• into a Development Contract, is
required by Appendix A of thi Code of Ordinances of City. T;t,s
f agreement Shall be subject to and governed by such Developm^ilt
Contract, which is incorporated herein by reference, and any
other applicable ordinances of City.
3. Prior to beginning construction of the oversized facil-
i Ities, Developer shall obtain, at Doveloper's sole cost and
expense, all necessary permits, licenses and easements. If
easements are needed, thu deeds thevefore obtained by Developer
[ shall be reviewed end approved as t-i form and substance by City
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prior to the beginning of construction. If Developer i% unable
to acquire needed easements, Developer shall provide City with
avy rnquested documentation of efforts to obtain such easements,
including evidence of negotiations and reasonable offers made to
the effected property owners. Any easements for the oversized
facilities obtained by the Developer shall be assigned to City,
if not taken in City's name, prior to acceptance of the over-
sized facilities, and Developer warrants clear title to such f
easements and uill defend City against any adverse claim made
against such title. E
4. The City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing reouired
facilities, as determined by City by public bids on the s6 or
j similar projects on a per linear foot basis, and the cost of the
I oversized facilities, as determined by the City, based upon the
( amount of a bid from the lowest responsible bidder on the same
i or similar oversized facilities, shall be in an %mount not to
exceed Three Thousand Dollars ($3,000.00), and G,,y shall not,
in any case, be liable for any additional cost because of delays
i in beginning, continuing or completing construction; changes in
I the price or cost of materials, supplies, or labor; unforeseen
i or unanticipated cost because of topography, Soil, subsurface,
or other site conditions; differences in the calculated and
r; actual per linear feet of pipe or materials needed for the
oversized facilities; Developer's decision as to the contractors
or subcontractors used to perform the work; or any other reason
or cause, specified or unspecified, relating to the construction
of the oversized facilities.
S. 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 oversized
facilities. Should the actual test of the oversized facilities
be less than the cost on which the City's share was determined,
the City's share of the cost shall be reduced proportionally, on
a per linear foot basis, based upon the difference of the actual
j cost of the oversized facilities and the determined cost for
required facilities. To determine the actual cost of the
oversized facilities, Cit,t shall have the right to inspect any
s and all records of Developer, his agents, employees, contractors
or subcontractors and shell have the right to require Ceveloper
to submit any necessary information, documents, in,oices,
recoipts or other records to verify the actual cost of the
oversized facilities.
6. Within thirty (30) days of the date the Developer• has
submitted satisfactory documentation of the actual cost of the
oversized Facilities, as determined by City, City shall pay to
Developer its share of the cost thereof.
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k PAGE 2/IMMACULATS CONCEPTION CATHOLIC CHURCH
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7. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
sent to Developer at the business address given ahovo and to the
Director of Utilities for the City at the address given above.
8. Developer shall irdemnify and hold City harmless from any i
and all claims, damag-is, loss or liability ok any kind whatso-
ever, by reason of i:ijury to property or persons occasioned by
any act or omissicu, neglect or wrongdoing of Developer, its
officers, agents, employees, invitees, contractors or other
persons with regard to the performance of this agreement, ants
Developer will, a its own cost and expense, defend and protect
City against any and all such claims tnd demands.
9. If Developer does not begin substantial construction of
the oversized facilities within twelve (12) months of the
effective date of this agreement, this agreement shall terminate.
10. This instrument embodies the whole agreement of the
parties hereto and the o are no promises, terms, conditions or
obligations other than those contained herein. This agreement
shall supercede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
11. This agreement shall not be assigned by Developer without
the express written consent of City.
12. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction
in Denton County, Texas.
Executed this the day of , 1997.
! CULATE CONCEPTION CATHOLIC
CHURCH, OWNER 1
1 iI
BY: '
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ATTLST:
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PAGE 3/IMMACULATE CONCEPTION CATHOLIC CHURCH
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{ CITY OF DENTON, TEXAS
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BY:
`S} KAY IEPHEMS, MAYOR
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ATTEST:
E , S R
CI7 F DEN ON, TEXAS
APPRUYED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOYITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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ATTACHMENT II
VDL1077 VACE 60th
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1111 that' certain-tract or parcel of land situated in the Joh.-r t•kCx,wan
Survey, Abstract No. 797, Denton County, Texas being part of a certain
20-acrd tratL described in a deed from Patrick B. Gibbons, IIF, Substitute
Trustee, to Synod of Texas Presbyterian roundation on January 4, 19170'
rreeorued in loltpso 819, Pagge 268, Deed Records and part of a certain
5026-acre tract doscribod in a deed from S}ahod of Texas
Presbyterian
iotbdation to lieritaga Devolopmerit Coil:oration on rebruar; 29, 1M01
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roeor6red in Volrnx 941, PaSo 144, Decd Records of Denton CoLnty, and
being rwo particularly described as follols;
BCGIZ04 at a steel pin q the No th right-of-way of F ~I goad 2151 at
tine Southeast corner of said 8. SOZ -'acre tract;
I1{E~C Mrth'ae4 .1 with, said ,right-of-way and a curve to the loft having
-....14 .t4ntro :plrQlq gf 1 des,--3{ 31 sec,, a chord bearing and distance !
oE~N, 83.'deY:A40 bi 27 sec, ii.-.153.64 feet, a radius of 761.78 feet and
i r, krrgth of T;¢ 1,11
190 feat to i 'right-cf-ray post at the end of said
11MNCd N. 89 deg. 27 grin. 42 sec. 11., with tilc th ri;hi of r;a~' of r'•!
:'.mad 2181 pass the Seritharest cor,hcr of :;aid 8;50:6•acre un .t arl t,u
South-Southeast corner of said 7.0 acre tract a tout distw,ce of 351.1Q
feet to a steel pin on tho South ho;nda;l' lure of 5ai'; 20•;Icre tract;
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ff~ 'IENCG N. 0 dog; 39 min. E. a distturco of 431.08 feet to a steel pin;
I 710CLr S: 89 dog, 21 milt. repassing cho line between said 20-acre tract
and.said 8,S026•acro tract a total distance oC 503.90 fret to a stc,il piri
on the Last boundary of said 8,5024-ocrc tract;
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NCO S. 0 deg, $4 min, 11, a distance of 4IS,S9 fret to t1e place of
BoginMagi. containing in all LOW acres of 1wrJ, more or lee,.
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