HomeMy WebLinkAbout1988 DEFERRED STREET IMPROVEMENT AGREMEEMSNTS
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PROJECT NO.
f CONTRACT NO.
THE STATE OF TEXAS g
ESCROW AGREEMENT IN LIEU
COUNTY OF DENTON § OF PERFORMANCE BOND
(Development Contract-Improvements
of $50,000 or Less)
WHLREAS, Larry, D Hemvhili Elizabeth A Hemphill b Virginia Ai6&jjjer
referred to as "Owner", has undertaken to develop property
within the City of Denton, Texas, or its extraterritorial
jurisdiction; and
WHEREAS; Owner has, pursuant to the ordinances of the City
of Denton, Texas, hereafter referred to as "City", executed a
development contract Co insure that any and all streets, water
and sewer lines, drainage facilities or other improvements which
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are to be dedicated to the public, hereafter referred to as
"Improvements", are constructed and completed in accordance with
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tue specifications, standards and ordinances of the City; and
WHEREAS, Owner wishes to receive building permits for said r
property prior to the completion and approval or acceptance of
the Improvements by the City; and
WHEREAS, in order to receive such building permits Owner
may, where the cost to complete the Improvements is $50,000 or
less, in lieu of posting a performance bond, escrow cash money
with a bank as escrow agent in an amount not less than the
amount necessary to insure completion of said Improvements;
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NOW, -rNEREFORE, OWNER, City and usBank
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nPntnn_ lexa4 , hereafter called "Escrow Agent",
agree as follows:
1. Amount. Owner, as a condition to receiving building per-
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mits for property located at Route 1, Box 402-2, Hausch Branch Road,
I Anton. Texas 76201 shall deposit the
sum of Ten Thousand, Three Hundred Forty Five and 75/100. . . •
10,345.75 in cash money, with Escrow Agent,.sa£d sum being
in an amount, as determined by the City, necessary to insure
completion of all Improvements which are to be dedicated to the
public; said Improvements being more particularly described in
that certain development contract dated the 29th day of
July , 19 87 , between the City, Owner and Owner's
Contractor, to which reference is made herein.
2. Notice of Deposit. No building permits shall be issued
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by City for the property herein described until ascrow Agent f {
notifies City, in writing, that cash money, in the amount
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specified herein, has been deposited in an escrow account with
Escrow Agent.
3. Release of Funds. Escrow Agent shall not release any or
all of the escrowed funds until the City Engineer authorizes the
Escrow Agent, in writing, to release such funds as provided for
herein as follows:
(a) the City Engineer shall authorize the release
all the escrowed funds when all Improvements are
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completed and approved in accordance with
i provisions of the development contract; the
determination of which shall be made by the City
Engineer whose judgment shall be binding on all
` parties hereto.
I (b) The City Engineer, may, but is not required to,
! authorize, periodically, the release of
4 specified sums of the escrowed funds to the
Owner if, and as, the Improvements are completed
and approved or accepted by the City in stages,
so long as the remaining funds not released are
i sufficient to complete the construction of the
remaining Improvements which have not been, but.
are required, to be completed and accepted or
approved by the City.
3. Notices. Any notice to be sent, or required to be sent
or given under this agreement shall be sent to the address of
the parties hereto, as follows:
CITY: City Engineer
215 East McKinney
Denton, Texas 76201
OWNER: Larry D. Hemphill, et al
Rt. 1, Box 402-21 Hausch Branch Rd.
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lexas 16201
Denton,
ESCROW AGENT: USBank
P.O. Box 2226
Dpnrnn. Texas 76201
4. Fees. Owner agrees to pay any and all fees or costs i
charged by the Escrow Agent in connection with this Agreement.
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5. Nonliability of Escrow Agent. The Escrow Agent shall
have no responsibility except for the safekeeping and delivery
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of the amounts deposited in the Escrow Account in accordance
with this agreement. The Escrow Agent shall not be liable for
any act done or omitted to be done undeY this agreement or in i
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connection with the amounts deposited in the Escrow Account
except as a result of the Escrow Agent's gross negligence or _
willful misconduct. If any question, dispute or disagreement
arises among any one or more of the parties hereto and/or any
other party with respect to the funds deposited in the Escrow
Account, the proper interpretation of this agreement, the duties
l of the Escrow Agent hereunder or the rights of the parties to
this agreement, the Escrow Agent shall not be required to act
and shall not be held liable for refusal to act until the
question or dispute is settled, and the Escrow Agent has the
absolute right at its discretion to do either or both of the
I following:
j (a) withhold and/or stop all further performance under
this agreement until the Escrow Agent is satisfied,
by receipt of a written document in form and
1 substance satisfactory to the Escrow Agent and
executed and binding upon all interested parties
hereto (who may include the subscribers), that the
question, dispute, or disagreement has' been I
resolved; or j
(b) file a suit in interpleader and obtain by final
Judgment rendered by a court of competent juris-
diction, an order binding all parties interested in
the matter.
b. Successors and Assigns. This agreement shall be binding i
upon the successors and assigns of the parties hereto.
7. Venue. The parties hereto agree that if any legal action
is necessary in connection with this agreement, exclusive venue
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shall lie in Denton County, Texas.
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IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent
have signed this instrument this day of Juiv
19 87
4 CITY OF DENTON OWNER
BY: E
BY:
ESCROW AGENT
j BY:_
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1SD3L
THE STATE OF TEXAS I
AGREEMENT PROVIDING FOR
COUNTY OF DENTON S DEFERRED s,rRCET IMPROVEMENTS
WHEREAS, Larry D. Hem hill PE be' A. Hemphill and V ,rgip~,~wneCT'~ "has
sought approval to su ivi a or eve op property within the City
of Denton, Texas, ("City"), or its extraterritorial jurisdiction,
said property being described or shown in Exhibit "A", attached
hereto and incorporated herein by reference; and
WHEREAS. Owner, pursuant to the ordinances of the City of
Denton, Texas, is required to make improvements to unimproved
perimeter streets adjacent to said property; and
WHEREAS, the Planning and Zoning Commission of City has, upon
the request of Owner and pursuant to City's development ordinance,
based upon a finding that said street improvements are not feasible
or desirable at the time of approval of development, postponed the
required street improvements; and
WHEREAS, pursuant to City's ordinance, Owner has elected to
enter into this agreement to insure completion of the deferred
street improvements if later required by City in accordance with
City's ordinance;
NOW, THEREFORE. Owner and City, in consideration of the City's
deferral of said street improvements and approval of said subdivi-
sion or development, agree as follows:
1. Owner shall be obligated to make street improvements to the
unimproved existing perimeter streets adjoining the property j
described herein and as shown on the plat approved therefore, if
required by City within ten (10) years of the date of this agree-
ment, said streets, or portions thereof, required to be improved
being described in Exhibit "B", attached hereto and incorporated
by reference. The determination of whether said street improve-
ments shall be made within the required time shall be made by the
Planning and Zoning Commission, after public hearing, upon the
recommendation of the City Engineer, said determination to be made
within nine (9) years of the date of this agreement. If no deter-
minstion is made by the Planning and Zoning Commission of City
within the required time. Owner shall have no obligation to make
said street improvements and this agreement shall terminate.
2. In order to insure the completion of the street improvements
in accordance with this agreement, Owner shall, prior to any deve-
lopment of the property, post a performance bond with City in an
amount not less than one and one-half times the amount necessary
to complete the required street improvements, as determined by the
City Engineer, guaranteeing the full and faithful completion of the
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required street improvements meeting City's specifications; said
bonds shall be in favor of City and shall be executed by an
approved surety company authorized to da business in the State of
Texas. Said bond shall be renewed successively, as required, prior
to its expiration' date, so that there will be a valid, unexpired
i performance bone: providing for the constriction of said street
improvements during the time for which the street improvements may
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be required under this agreement.
3. If the street improvements provided for herein are requested
to be made in accordance with this agreement within the required
time, Owner shall enter into a development contract, as required
I by City's development ordinance, and complete the required street
improvements with reasonable diligence. Owner agrees that upon the
Owner's failure to complete the required street improvements upon
j request as provided for herein, Owner shall pay City as liquidated
damages the amount of Ten Thousand, Three Hundred Forty Five and 75/00
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10,345,75 ) beio
°,ti t e amount o the fhtcSlf,~Rk gp required ere n. g
Escrow Agreement
4. The parties herein agree that this contract shall be
enforceable in Denton County, Texas, and if legal action is
necessary in connection therewith, exclusive venue shall lie in
Denton County, Texas
Executed this 31st day of July 19 87 ,
OWNER CITY OF DENTON, TEXAS
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- BY: B ZGE
A i
ATTEST: €
{
NIZITY SECRETARY
CI Y OF DE TON, TEXAS
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, C'.TY ATTORNEY
CITY OF DENTON, TEXAS
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BY:
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STEPHENSON CONSULTING ENGINEERS INC.
ENGINEERS AND 5lX2YEYORS
2220 Highland Road . Dallas, Texas 75228 . (214)324-2461
January 21, 1987
Mr. Jerry Clark, P.E.
i City Engtneer
f City of Denton, Texas _
s 215 E. McKinney
Denton, Texas 76201
s
Ref: Hemphill Addition Number 1
aka. Consoltdatrd Properties Addition No. 1
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Dear Hr. Clark,
The purpose of this letter is to answer in advance some of the comments
that will undoubtedly arise in your review of the proposed Hemphill
Addition Number 1. Additionally, I am including an Engineer's Estimate for
the Developer's obligation for proposed street Improvements of Masch Branch i
Road. Before beginning, I refer you to a letter to Mr. David Ellison in
which I have described a general over view of the proposed development.
I also remind you that the Owner / Developer, Mr. Larry D. Hemphill, is a
new owrer of the property. A new development plan and plat are being
proposed. Any old agreements concerning water, sanitary sewer, or streets
rand drainage may not be applicable. I have only included the name
"Consolidated Properties Addition No. I" to aid in your research of the
property.
HATER and SANITARY SEWERAGE
The City of Denton does not currently provide either water or sanitary
sewer service to the subject property. Therefore, the property receives '
potable water from o 500 deep well that is located in the Northeast corner
of the existing I story eetal building. As was stated in the letter to Mr.
Ellison, the well operates under City of Denton Permit Number 005-W. A copy
of this permit has been included with this letter. Sanitary sewer service I
is provided by an existing septic system that operates under City of Denton
Permit Number 027-S, A copy of this permit has also been included with this
j letter.
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f It is my understanding that both water and sanitary service will be
available at some future date. The Developer has agreed that when these
services become available, lie will tie onto these systems.
DRAINAGE
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The subject property is, after street dedications, approximately 969 feet i
long by 218 feet wide. As this property is at, or nearly at, the top of a
drainage basin, very little storm water actually flows onto the site. In
analyzing the historic topography of the property, it becomes apparent that
the front 200 (more or less) of the site drains to Mosch Branch Road and
the remaining 769 feet drains almost directly to•the rear of the property.
At the back of the property is a natural low spot from which there does not
j appear to be an overground escape (See the Preliminary Plat).
F
AY ericon Scoety oT CA Ergr*ors C r& Aing &igiieers Cano7 • tJOI'cnoi Som4y of Rote crag Ergrcers
Tevm & e ors Atsocoficn
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Hemphill Addition Number 1
Engineering Letter Page 2
Currently, the property is served by two entrances to Masch Branch Road,
Both of these entrances are at grade. To allow store water to flow along
the barrow ditches of Masch Branch Road there are two 12 inch Corrugated
j Metal Pipes (one under each entrance), CAs these 12" CMP pipes have served
I Cie property for many years and it is likely that within only a few years
Masch Branch Road will be improved via bond money and developer
contributions, we are not proposing to change these drainage facilities.
Further, due to the relatively flat slope of the barrow ditches, to Include
a larger diameter pipe would result in an undesirable Bump at the entrances
to the projec o
The proposed development plans indicate that a large rocK Narking Ict will
be placed in front of the proposed 50 foot by 80 oot building. The
intentions of the developer are to grade the natural ground to an
f a
cceptable slope as shown on the grading plan. As this development will
take
deveplace in approximately the first 400 feet of the property, and no
Pment projected towards the rear of the property (at least for
now), any concentration of storm water will be allowed to flow across
unimproved "farm land". By the time the store water reaches the low spot at
the rear of the property, natural flow approximations can be expected. The
developer is aware that future development may alter this plan and that any
major site changes may be subject to further Engineering Department review.
Major site changes may include the addition of a significantly larger
asphalt or concrete parking lot, another building, or the channeling or
concentrating of storm water onto a down stream property owner,
ENGINEER'S ESTIMATE OF MASCH BRANCH ROAD IMPROVEMENTS
In conversations with Mr, David Soloman and Mr. Greg Muirhead of your
office, I was informed that the Developer's obligation for 'street
Improvements is for a strip of 8 inch thick a:pfeet wide,
including 24" Concrete Curb and Cutter and G inches ofllime 17stabilization
for the length of the frontage on the subject property.
The following is an estimate of the required street improvements:
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8" Asphalt - to City Standards 412.00 Sq Yd 4
2411 x 6 Cone, Curb and Cutter $14,00 / Sq yd 8.00
218.00 Ln Ft $6.00 / Lis Ft ;1230308.00 7
Lime Slurry (0.02 Ton / Sq Yd) 412.00 Sq Yd $80.00 / Ton
Apply Lime Slurry 412,00 S q $559.20
q $1.25 / Sq Yd $515,00
14% Engineering
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$1155.03
10% Contingencies
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j $940.52
$10345.75
{ Note that no soils report Is available for the property and that the 0.02
EI tons of lime per square yard is a conservative uunber. Past experience has
shown that about 0.0135 tons of lime per square yard has been acceptable.
Hemphill Addition Number 1 ~
' Engineering Letter
Pagn. 3
To aid you in your review of these plans, I am including the following;
1. 2 sets of improvement plans
2. 1 Copy of City of Denton Water Permit Number 005-W
3. 1 Copy of City of Denton Septic Permit Number 027-S
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i 4• 1 Copy of Texas Department of Health Bureau of Laboratories Water
Bacteriology Report
5. '1 Copy of Denton City - County Health Uepartmenc luyyeu;;,,,, CcpLrt
of Private Sewage Disposal System
6. Letter to David Ellison concerning this property
7. Letter from Uavfd Ellison to Mr. Larry D. Hemphill concerning the
passage of a variance regarding fire flows on this property.
8. Letter from Mr. Larry D. Hemphill to Mr.
the placement of funds for street improvenentserry D. Clark concerning
Should you have any questions or i
please give °e a call. f I may be of any further service,
Sincer'\Y,(
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Ben' Stephenson, P.E.
Vice President
Stephenson Consulting Engineers, Inc. E
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1233L
` PROJECT NO.
If CONTRACT NO.
f
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THE STATE OF TEXAS 4
COUNTY OF UENTON ESCROW AGREEMENT IN LIEU
OF PERFORMANCE BOND
(Development Contract-Improvements
III of $50,000 or Less) t
i Keele-Alvarez, Inc. d/b/a
WHEREAS, Jane Marshall School and Evaluation Center
hereafter
referred to as "Owner", has undertaken to develop property
within the City of Denton, Texas, or its ext.aterritorial `
i,
jurisdiction; ands'
I ~Ir 1~
WHEREAS, Owner has, pursuant to the ordinances of the City
of Denton, Texas, hereafter referred to as "City", executed a
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development contract to insure that any and all streets, water
and sewer lines, drainage facilities or other improvements which
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are to be dedicated to the public, hereafter referred to as
"Improvements"
, are constructed and completed in accordance with
the specifications, standards and ordinances of the City; and
WHEREAS, Owner wishes to receive building permits for said
i property ~
prior to the completion and approval or acceptance of
1 the Improvements by the City; and
WHEREAS, in order to receive such building permits Owner
may, where the cost to complete the Improvements is $50,000 or
less, in lieu of posting a performance bond, escrow cash money
with a bank as escrow agent in an amount not less than the
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amount necessary to insure completion of said improvements;
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IF 011111WM
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NUN, THEREFORE, OWNER, City and First State Bank of Denton, Texas
hereafter called "Escrow Agent",
agree as follows:
1. Amount. Owner, as a condition to receiving building per-
mits for property located at 1414 S. Bonnie Brae Denton, TX 76205
shall deposit the
sum of twenty six thousand, three hundred seventy four dollars and seventy four cents
26,374.74 in cash money, with Escrow Agent, said sum being
in an amount, as determined by the City, necessary to insure
completion of all improvements which are to be dedicated to the
w public; said Improvements being more particularly descrioed in
that certain development contract dated the 20th day of
i { July , 1988 , between the City, Owner and Owner's
Contractor, to wh£cli reference is made herein.
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2. Notice of Deposit. No building permits shall be issued
by City for the property herein described until Escrow Agent I
notifies City, in writing, that cash money, in the amount
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specified herein, has been deposited in an escrow account with E
Escrow Agent.
3. Release of Funds. Escrow Agent shall not release any or
all of the escrowed funds, until the City Engineer authorizes the
Escrow Agent, in writing, to release such funds as provided for
herein as follows:
(a) the City Engineer shall authorize the release
all the escrowed funds when all Improvements are
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completed and approved in accordance with
provisions of the development contract; the
determination of which shall be made by the City _
Engineer whose judgment shall be binding on all
parties hereto.
(b) The City Engineer, may, but is not required to,
authorize, periodically, the release of
specified sums of the escrowed funds to the
Owner if, and as, the Improvements are completed
and approved or accepted by the City in stages,
so long as the remaining funds not released are
sufficient to complete the construction of the
remaining Improvements which have not been, but
are required, to be completed and accepted or
r: approved by the City.
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i 3. Notices. Any notice to be sent, or required to be sent
or given under this agreement shall be sent to the address of
` the parties hereto, as follows:
CITY: City Engineer
215 East McKinney
Denton, Texas 76201
OWNER: Keele-Alvarez, Inc. d/b/a Jane Marshall School 6 Evaluation Center i
P.O. Box 2861 Denton, TX 76202
ESCROW AGENT: First State Bank of Denton
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101 S. Locust St. Denton, TX 76201
4. Fees. Owner agrees to pay any and all fees or costs
charged by the Escrow Agent in connection with this Agreement.
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5. Nonliability of Escrow Agent. The Escrow Agent shall
have no responsibility except for the safekeeping and delivery
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of the amounts deposited in the Escrow Account in accordance
with this agreement. The Escrow Agent shall not be liable for
any act done or omitted to be done under this agreement or in
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connection 'with the amounts deposited in the Escrow Account
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except as a result of the Escrow Agent's
gross negligence or
willful misconduct. If any question, dispute or disagreement
` arises among any one or more of the parties hereto and/or any
other party with respect to the funds deposited in the Escrow
Account, the proper interpretation of this agreement, the duties
of the Escrow Agent hereunder or the rights of the parties to
this agreement, the Escrow Agent shall not be required to act I
and shall not be held liable for refusal to act until the
question or dispute is settled, and the Escrow Agent has the
absolute right at its discretion to do either or both of the
following;
(a) withhold and/or stop all further performance under
j this agreement until the Escrow Agent is satisfied,
by receipt of a written document in form and
substance satisfactory to the Escrow Agent and
executed and binding upon all interested parties
hereto (who may include the subscribers), that the
question, dispute, or disagreement has been
resolved; or
(b) file a suit in interpleader and obtain by final rr~
judgment rendered by a court of competent juris-
dictions an order binding all parties interested in
the natter.
f b. Successors and Assi ns. This agreement shall be binding
upon the successors'and assigns of the parties hereto.
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1. Venue. Tha parties hereto agree that if any legal action
is necessary in connection with this
agreement, exclusive venue
shall lie in Denton County, Texas.
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IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent
have signed this instrument this 20th day of Jul
19 88
CITY OF DENTON OWNER
BY:BY:
/ f
y
ESCROW AGENT
First State Bank
r BY:
Exe tive Y President {
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