HomeMy WebLinkAbout1988 WATER MAIN PRORATA REIMBURSEMENT
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THE STATE OF TEXAS S WATER MAIN PRORATA REIBMURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON
COUNTY OF DENTON S AND KEELE-ALVAREZ, !NC.
WHEREAS, Keele-Alvarez, Inc., d/b/a Jane Marshall School and
Evaluation Center, hereafter referred to as 'Developer,' whether
one or more, whose business address is P. 0. Box 2861, Denton,
Texas 76202, wishes to develop and improve certain real property
located within the City of Denton, Texas or its extraterritorial
3uLisdiction, and is described in Exhibit A attached hereto and
incorporated herein by reference, and is required to provide such
property with adequate water service by designing, constructing
and installing a water main] and
WHEREAS, the City of Denton, a municipal corporation located
{ at 215 East McKinney, Denton, Texas 76201, hereafter referred to
t as 'City,' in accordance with its ordinances, may reimburse
Developer for the costs of the water main designed, constructed
and installed by Developer based upon prorata charges paid to the
City by persons connecting to such water main;
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, at no cost
to the City, an eight inch (80) water main and all necessary
appurtenances thereto, hereafter referred to as 'facilities,'
extending a total distance of approximately one thousand three
hundred and thirty feet (1,3301), located as shown on Exhibit A, E
attached hereto and incorporated herein by reference.
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2. Prior to beginning construction Developer shall enter into i
a Development Contract, as required by Appendix A of the Code of
Ordinances of City. This agreement shall be subject to and
governed by such Development Contract, which is incorporated
j herein by reference, and any other applicable ordinances of City.
{ 3. Prior to beginning construction of the facilities.. Deve-
loper shall obtain, at Developer's sole cost and expense, 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
the beginning of construction. If Developer is unable to acquire j
needed easements, Developer shall provide City with any requested #
documentation of efforts to obtain such easements, including
evidence of negotiations and reasonable offers made to the
effected property owners. Any easements for the facilities
obtained by the Developer shall be assigned to City, if not taken
in City's name, prior to acceptance of the facilities, and
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Developer warrants clear title to such easements and will defend
City against any adverse claim made against such title.
4. The estimated cost of the design, construction and instal-
lation of facilities, as determined by public bids on the same or
similar projects, on a per linear foot basis, is Twenty-one
Dollars and Fifty Cents (21.50) per linear foot or Twenty-eight
Thousand Five Hundred and Ninety-Five Dollars ($28,595.00) for
the estimated one thousand three hundred and thirty feet (1,330)
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 Executive
Directot of Utilities the actual cost of the facilities. To
determine the 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, docu-
ments, invoices, receipts or other records to verify the actual
cost of the facilities. The Executive 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.
6. After title to the facilities have vested in the City, the
City shall collect a prorate 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 prorata charges the City shall transfer such 3
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 herein, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities.
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8. The parties hereto recognize that the facilities subject i
to this Agreement are necessary to provide water service to the I
Developer's property. Should the City decide that it wishes to
participate in the cost of funding a water main that would
provide greater water capacity then the facilities Developer is
required to install, the Developer and City may enter into a 1
separate Water Main Participation Agreement to provide for the
sharing of cost of such oversized main. If such agreement is
entered into, the actual ovet;,ized water main to be constructed 1
f i shall be governed by such agreement, but the prorata charges to F
f ! be collected and transferred to Developer shall be based on the
terms of this agreement, as though the facilities subject to this
agreement were installed. 1
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WATER MAIN PRORATA REIMBURSEMENT/KEELE-ALVAREZ, INC. PAGE 2
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9. The prorata charges to be collected by the City and trans-
ferred to Developer in accordance with the ordinances of the City
and this agreement is intended to reimburse the Developer for the
Developer'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 general revenues, bond funds or any
other revenues it may receive, except for those prorata funds
received from persons connecting to such facilities.
10. Should any court of competent jurisdiction determine that
all or part of the City's ordinances on which the prorata charges
to be paid to developer under this agreement are based are found
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the facilities and
will have no further obligation hereunder.
11. 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 above and to the
Executive Director of Utilities for the City at the address given
above.
12. The Developer shall indemnify and hold the 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 wrongdoing of Developer, its
officers, agents, employees, invitees, contractors or other
persons with regard to the performance of this agreement, and
Developer will, at its own cost and expense, defend and protect
the City against any and all such claims and demands.
13. This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or f
obligations other than those contained herein. This agreement
j shall supersede all previous communications, representations or
j agreements, either verbal or written, between the parties hereto.
`f 14. This agreement shall not be assigned by Developer without 4
the express written consent of City.
k 15. Any and all suits for any breach of this agreement, or any j
other suit pertaining to or arising out of this agreement, shall
be brought and maintained in a court of competent jurisdiction in
Denton County, Texas. i
16. This agreement shall be effective for a period of twenty
f i (20) years from the date facilities are accepted by City or until
li Developer has been paid all allowable reimbursable prorata charges
for the facilities, whichever occurs first; provided, however,
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WATER MAIN PRORATA REIMBURSEMENT/KEELE-ALVAREZ, INC. PACE 3
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should Developer fail to begin substantial construction of the
facilities within one year from the date of this agreement, this
agreement shall terminate
Executed this the da of
y 1988.
KEELE-ALVAREZ, INC., d/b/a
JANE MARSHALL SCHOOL AND
EVALUATION CENTER '
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BY:
ATTEST:
. Jr. s, ~J
CITY OF DENTON, TEXAS
BY:
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~ATTEST:
I TER , RET
I A PROVED AS TO LEGAL FORM: r
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: / mil( f
WATER MAIN PRORATA REIMBURSEMENT/KEELE-ALVAREZ, INC. PAGE 4
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DEDICATION
STATE OF TEXAS
COUNTY OF DENTON
WHEREAS, Keele-Alvarez, Inc., d/b/a Jane Marshall School is the owner of a tract
of land sliualed In the E. Puchalski Survey Abstract Number 996 Denton County,
Texas; said tract being part of a tract shown by deed to said Keele-Al►araz. Inc.,
d/b/a Jane Marshall School recorded In Volume 2352 Page 50 of the Real Property
Records of Denton Count), Texas and being pore fully described as follows:
Beginning for the southeast corner of the tract being described herein at a half Inch
rebar pin found In Bonnl"rae Street, said pin being the southeast corner of said
Jane Marshall School tract, also being the northeast corner of a tract shown by deed
as Tract 2 to Liberty Fall Gospel Church, recorded in Volume 1764 Page 81 of the
Real Property Records of Denton County, Texas; sold pin being on the south line of
said E. Pachalskl Survey and being the norllieas[ corner of [he O. S. Brewster
Surrey Abstract Number 56 Donlon County, Texas; !I
Thence North 89 degrees 37 minutes 51 seconds West with the south line of said E.
Puchalski Survey and north line of said Brewster Survey a distance of 233.03 feel to
a half Inch rebar pin set on the south line of said Jane Marshall School tract; same
being the north line of said Liberty Full Gospel Church tract;
Thence North 00 degrees 35 minutes' 31 seconds Wesi a distance of 250.04 feel to a
half Inch rebar pia set on the north line of said Jane Marshall School Iraq;
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'T'hence South 39 degrees 37 mloules 51 seconds East a distance of 233.03 feet to a
half Inch rebar pin set In Bonnie Brae Street and being the northeast corner of said
Jane Marshall School tract;
Thence Sough 00 degrees 3S minules 31 seconds East a distance of 250.04 feet to the
Point of Beginning and containing 1.337 acres of land.
NOW, THEREFORE, KNOW ALL hIEN 01' THESE PRESENTS:
That Keele-Alvarez, Inc., d/b/a Jane Marshall School does I!ercb) adopt this plat
designating the herein described property as Lot 1 Block I, Phase One Jane
E Marshall School Addition to the City of Denton, Denton County, Texas and do
1 hereby dedicate to the public use forever the streets and easements shown hereon for
the purpose and consideration expressed hereon.
- i- N-o T A-- l -v a--rez
V '
STATE OF TEXAS ; E
Before me, the undersigned Notary Public for the Stale of Texas• on this day
personally appeared Victor Alvarez, known to me to be the person whose name is
subscribed to the foregoing Instrument and acktluvvledged to me that he executed the
same for the purpose and conslderallons [herein expressed and In lice capacity
slated.
Given under my hand and seal of office this [he day of 1989. i
Notary Public • State of Texas
Commission expires:
S !1 R
_ 1' E 1' O R S R 1' 1 t s( A T
£ KNOW AL1, MEN B1' rilESE PHESF,NTS:
•
That f, Stanford Ilaup[mann, Registered Public Surie%or, do hereb) ccrlif~ that
Ihis plat and description Here prepared from an actual and accurate curse) made on
the ground and that the Iron plus shown ,.,ereon nere placed under my supenislon
In accordance srllh tile law.
` Shuford Nauptmann-~
Texas Registered Public
i Surveyor Number 2255
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23891,
THE STATE OF TEXAS 5 WATER MAIN PRORATA REIBMURSEMENT
AGREEMENT BETWEEN THE CITY OF DENTON
COUNTY OF DENTON $ AND KEELE-ALVAREZ, INC.
WHEREAS, Keele-Alvarez, Inc., d/b/a Jane Marshall School and
Evaluation Center, hereafter referred to as 'Developer,' whether
one or more, whose business address is P. 0. Box 2861, Denton,
Texas 76202, wishes to develop and improve certain real property
located within the City of Denton, Texas or it.s extraterritorial
jurisdiction, and is described in Exhibit A attached hereto and
incorporated herein by reference, and is required to provide such
property with adequate water service by designing, constructing
and installing a water main; and
WHEREAS, the City of Denton, a municipal corporation located
at 215 East McKinney, Denton, Texas 76201, hereafter referred to
as 'City,' in accordance with its ordinances, n;_.1 reimburse
Developer for the costs of the water main designed, constructed
and installed by Developer based upon prorata charges paid to the
i City by persons connecting tc such water main;
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, at no cost
to the City, an eight inch (80) water main and all necessary
} appurtenances thereto, hereafter referred to as 'facilities,'
extending a total distance of approximately one thousand three
hundred and thirty feet (1,3301), located as shown on Exhibit A,
I` f attached hereto and incorporated herein by reference.
2. Prior to beginning construction Developer shall enter into
a Development Contract, as required by Appendix A of the Code of
Ordinances of City. This agreement shall be subject to and
governed by such Development Contract, which is incorporated
f herein by reference, and any other applicable ordinances of City.
3. Prior to beginning construction of the facilities, Deve-
loper shall obtain, at Developer's sole cost and expense, all
necessary permits, licenses and easements. If easements are
needed, the deeds therefore obtained by Developer shall oe
reviewed and approved as to form and substance by city prior to
the beginning of construction. If Developer is unable to acquire
needed easements, Developer shall provide City with any requested
documentation of efforts to obtain such easements, including j
evidence of negotiations and reasonable offers made to the
effected property owners. Any easements for the facilities
obtained by the Developer shall be assigned to City, if not taken
in City's name, prior to acceptance of the facilities, and
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Developer warrants clear title to such easements and will defend
City against any adverse claim made against such title.
4. The estimated cost of the design, construction and instal-
lation of facilities, as determined by public bids on the same or _
similar projects, on a er linear foot basis, is Twenty-one
Dollars and Fifty Cents (21.50) per linear foot or Twenty-eight
Thousand Five Hundred and Ninety-Five Dollars ($28,595.00) for
the estimated one thousand three hundred and thirty feet (1,330)
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 Executive
Director of Utilities the actual cost of the facilities. To
determine the 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, docu-
ments, invoices, receipts or other records to verify the actual
cost of the facilities. The Executive 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.
6. After title to the facilities have vested in the City, the
City shall collect a prorate 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 prorata 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 I
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 certified cost of the facilities.
8. The parties hereto recognize that the facilities subject
to this Agreement are necessary to provide water service to the
Developer's property, Should the City decide that it wishes to
participate in the cost of funding a water main that would
provide greater water capacity then the facilities Developer is
required to install, the Developer and City may enter into a
separate Water Main Participation Agreement to provide for the
sharing of cost of such oversized main. If such agreement is
entered into, the actual oversized water main 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
terms of this agreement, as though the facilities subject to this
agreement were installed.
WATER MAIN PRORATA REIMBURSEMENT/KEELS-ALVAREZ, INC. PAGE 2
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9. The prorata charges to be collected by the City and trans-
ferred to Developer in accordance with the ordinances of the City
and this agreement is intended to reimburse the Developer for the
Developer'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 general revenues, bond funds or any
other revenues it may receive, except for those prorata funds
received from persons connecting to such facilities.
10. Should any court of competent jurisdiction determine that
all or part of the City's ordinances on which the prorata charges
to be paid to developer under this agreement are based are found
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the facilities and
will have no further obligation hereunder.
11. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
j sent to Developer at the business address given above and to the
Executive Director of Utilities for the City at the address given
above.
12. The Developer shall indemnify and hold the 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 wrongdoing of Developer, its
} officers, agents, employees, invitees, contractors or other
persons with regard to the performance of this agreement, and
Developer will, at its own cost and expense, defend and protect
the City against any and all such claims and demands.
13. This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein. This agreement 3
shall supersede all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
t 14. This agreement shall not be assigned by Developer without
the express written consent of City.
k 15. Any and all suits for any breach of this agreement, or any
other suit pertaining to or arising out of this agreement, shall
be brought and maintained in a court of competent jurisdiction in f
Denton County, Texas.
16. This agreement shall be effective for a period of twenty
(20) years from the date facilities are accepted by City or until
Developer has been paid all allowable reimbursable
rovided tahcharges
provided,
for the facilities, whichever occurs first;
WATER MAIN PRORATA REIMBURSEMENT/KEELE-ALVAREZ, INC. PAGE 3
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should Developer fail to begin substantial construction of the
facilities within one year from the date of this agreement, this
agreement: shall terminate.
Executed this the ~i~ay of 1988,
0 a
KEELE-ALVAR%Z, INC., d/b/a
JANE MARSHALL SCHOOL AND
EVALUATION CENTER ;
tit
BY:
ATTEST:
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SECRETARY
CITY OF DENTON, TEXAS f
F i
BY: KAY KrHh;N5/j MAYOR
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ATTEST:
4, 1
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R T , I S CRE7~ J
A ROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f
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BY: h - /~1 tl••~ 1
WATER MAIN PRORATA REIMBURSEMENT/KEELE-AL'JAREZ, INC. PAGE 4
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DEDICATION
STATE OF TEXAS
COUNTY OF DENTON
%MER£AS, Keelt-Alrarea, Inc, d/b/m Jane Marshall School is the orraer of a tract
r of land sltaAied in the E. Puchafski Surrey Abstract Number 996 Denton County,
! Texas; said tract being part of a tract shown by deed to said Keele-Alrarea. Inc..
d/b/a Jame Marshall School recorded in Volume 2352 Page 50 of the Real Property
y Records of Denton County, Texas and being more fully described as follows:
I ~
Beginning for the southeast corner of the tract being described herein of it half Inch
rebar pia found Is Bonnill=Brae Street, said pin being the southeast corner of said
Jame Marshall School tract, also being the northeast corner of a tract shown by deed
as Tract 2 to Liberty Full Gospel Church, recorded In Volume 1764 Page 8l of the
Real Properly Records of Denton County, Texas; said pin being on the south list of
said E. Pschalskl Surrey aad being the northeast corner of the 0. S. Brewster
Survey Abstract Number 56 Denton County, Texas;
I Thence North 89 degrees 37 minutes 51 seconds West itith the south line of said E.
Puchalskl Surrey and north floe of said Brewster Surrey a distance of 233,03 feel to
a half lack tabor pin set on the south line of said Jane Marshall School tract: same
being the north live of sold Liberty Full Gospel Church tract;
Thence North 00 degrees 35 minutes 31 seconds West a distance of 250,04 feet to a
half Inch rebar pin set on the morth line of said Jame Aiarshall School tract;
1
Thence South 89 degrees 37 minuiet 51 seconds East a distance of 233.03 feet to a
half Inch rebar pin its in Bonnie Brat Street and being lilt northeast corner of said
Jane Marshall School tra:4 '
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Thence South 00 degrees 35 minules 31 seconds East a distance of 250.04 feet to the
f Point of Utillaning and containing 1.337 acres of land.
,
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NOW, TIIEREFORE, KNOW ALL MEN BY THESE PRESENTS:
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That Keele-Alrarea, Inc., d/b/m Jane Marshall School does hereby adopt this plat
designating the herein described property as Lot I Block 1, Phase Out Jame
Marshall School Addition to the City of Denton, Denton County, Texas and do
hereby dedicate to the public use forertr the streets and easements shown hereon for
the purpose and consideration expressed hereon, {
Victor Alvarez
STATE OF TEXAS j
Before me, Ilse undersigned Notary Public for the State of Texas, on this day
personally appeared /'Icior Alrarea, kno%n to me to be the person "hose name Is
subscribed to else foregoing instruluenf And acknowledged to me that he eteculed the
f same for the purpose and considerations therein expressed and In the capacity
slued.
Clren under my hsad and seal of office this the day of 1988.
Notary Public - Slate of TexAs
Cominlsslon expires:
SVIt V E I RS CERTIFICATF
hN'0W ALL LIEN BY filF.SE PRESEN fS:
That 1. Stanford Ilauplmann, fteRislered Public Surreyor, do herclry cerNfi That
this plat and r:eseription mere prepared from all actual and accurate surrrr made on
the gro"I'd And that Ille Iron pins shown (hereon "ere placed under my superricion
in accordance with the law.
Stanford Ilauplmann
Fexms Registered Public
Surreyor Number 2155
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