Loading...
HomeMy WebLinkAbout25-109ORDINANCE NO. 25-109 AN ORDINANCE OF THE CITY OF DENTON, TEXAS (“CITY”) AUTHORIZ[NG THE EXECUTION OF A UTILITY SERVICE AGREEMENT WITH TCCI SANCTUARY, LLC (“OWNER”) AND SANCTUARY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY (“DISTRICT”) CONCERNING RETAIL WATER SERVICE BY THE CITY TO FUTURE CUSTOMERS WITHIN APPROXIMATELY 273.03 ACRES OF LAND GENERALLY LOCATED SOUTH OF US 380, EAST OF GEORGE OWENS ROAD, AND NORTH OF OLD STONEY ROAD (“PROPERTY”); WASTEWATER OWNERSHIP; SALE OF GROUNDWATER RIGHTS; OTHER RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the Property encompasses approximately 273.03 acres of land and is more particularly described and shown in Exhibit “A“ of the Utility Service Agreement; and WHEREAS, the Owner proposes to develop the Property with 1,037 residential lots; and WHEREAS, Owner expects that full development of the Property will require service to a maximum of 1 ,086 equivalent single-family connections; and WHEREAS, Denton is a retail public utility that possesses certificated service areas for Water and Wastewater services under CCN Nos. 10195 and 20072, respectively; and WHEREAS, the City, Owner, and District wish to enter into the Utility Service Agreement, attached hereto as Exhibit “A“ for utility service to customers located within the Property; and WHEREAS, Owner and District desire the City to provide retail water service to customers within the Property pursuant to the terms of the Utility Service Agreement; and WHEREAS, the water infrastructure necessary to serve customers within the Property will be dedicated to the City by the District or Owner pursuant to the terms of the Utility Service Agreement; and WHEREAS, portions of the water infrastructure may be oversized to serve future growth pursuant to a separate Oversize Participation Agreement; and WHEREAS, pursuant to the Utility Service Agreement, all title and ownership to wastewater flow from the Property will belong to Denton upon discharge to a natural watercourse; and WHEREAS, the Owner wishes to convey the groundwater rights associated with the Property to the City pursuant to the terms of the Utility Service Agreement and a separate Groundwater Rights Sale Agreement; and WHEREAS, the City has determined that full development of the Property as provided herein will promote local economic development within the City and will stimulate business and commercial activity within the City, which will drive infrastructure investment and job creation and have a multiplier effect that increases both the City’s tax base and utility revenues. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager or their designee is hereby authorized to execute the Utility Service Agreement attached hereto as Exhibit 'T’ and incorporated herein for all purposes, with TCCI Sanctuary, LLC and Sanctuary Municipal Utility District No. 1 of Denton County concerning retail water service, ownership of effluent, the sale of groundwater rights, and other related matters. SECTION 3. Minor adjustments to the attached Utility Service Agreement by the City Manager or their designee are authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this Ordinance. SECTION 4. The City Manager, or their designee, is authorized to carry out all duties and obligations to be performed by the City under the Utility Service Agreement, unless otherwise reserved in the Utility Service Agreement for City Council approval. SECTION 5. This Ordinance shall take effect immediately on its passage and approval. The motion to approve this ordinance was made by Jill Jester and seconded by Joe Holland, the ordinance was passed and approved by the following vote [ 7 - 0 ]: Aye X Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 :X X X X X X Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland, District 4: Brandon McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 4th day of February, 2025 . Page 2 ATTEST: LAUREN THODEN, CITY SECRETARY ?$i:;ex'\:’% d„„A APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 trrZLJFY SERVICE AGREEM©Vr BY AND BETWEEN THE crrY OF DENTON AND SANCTUARY MUNICIPAL VHwrY DBIRICT NO. 1 OF DENTON COUNW AND TCCI SANCrUARY, ILC This Utility Service Agreement (“Agreement”) is made and entered into by and between the City of Denton, Texas, a hmre rule municipality (“Denton” or the 'City’), Sanctuary Municipal Utility District No. 1 of Dental County, a conservation and reclamation district operating under the authority of Chapters 49 and 54 of the Texas Water Cale (“Dis&ict”), and TCCI Sancawy, LLC, a Texas limited liability company (“Owner“), each collectively nfened to as the “Parties”. This Agreement is effective as of February 4, 2025, being the date by which this Agreement is executed by the Parties (the “Effective Date”). RECITALS WHEREAS, Denton is a municipality, a duly incorporated political subdivision of the State of Texas operating urdu the Constitution and laws of the State of Texas, that provides retail and wholesale Water and Wastewater service to customers; and WHEREAS, Denton is a retail public utility that possnses a certificated service area for Water and Wastewater services under ceN No. 10195 and 20072, respectively; and WHEREAS District is a conservation and rwlamation district operating under the authoHty of Chapters 49 and 54 of the Texas Water Code, as amended; and WHEREAS Owner is the sole owner of the Property, possesses record title, and intards to develop the Properly for single family residential purposes; and WHEREAS, Owner up%ts that full development of the Pn)petty will require sewiae to a maximum of 1,086 ESFCs; and WHEREAS, the Property is not located within an area subject to a CCN issued by the Public Utility Commission of Texas; and WHEREAS, Owner and District dnire the City to provide retail Water wwice to Water Customers within the Property; and WHEREAS, the City is willing and able to make retail Water service available pursuant to the terms of this Agreement; and WHEREAS, the Partia agree that it is beneficial to the Parties, the Water Customers, and the region to prevent ovnpr(xluction of Groundwater and the degradation ofswfaoe water quality; and WHEREAS, Owner owns and wishes to convw all Groundwatn Rights associated with the Property to the CitB and WHEREAS, City win ensure Groundwater is available forDisbict’s use for irrigation purposes, subject to the terms of this Agreement, and WHEREAS, the Parties ncognin the importance and benefits of water conservation and drought contingency planning; and WHEREAS, Denton wishes to reuse Wastewater originating from the Property; and WHEREAS, District and the City agree that reclaimed Water provided by the City, when available, should be used for irrigBtion in, at a minimum, commercial and public property within the DistHa; and City oflknk>a Utility SaHa Agrearrait Page 1 of3001 w3.(XI(ml\4863.9339-5199.vI 1 WHEREAS, Owner and District want the City to possess tide aId ownership of all Wastewater flows originating &om the Property, to the extent allowable by law, aau &eatm€nt and discharge to a natural wahnolan pursuant to a permit issued undB state and federal law and WHEREAS, The Pwti© acknowledge and agree e®h is required to cmply with applicable federal, statB and kx}al laws, ngtdadons, and permits; and WHEREAS, the lbrties desire, and have independently cktermirnd, that it is in ttnh tnst int©est to eater into this Agnwrent; and WHEREAS, Denton, by Council Ordinance No, authodnd its City Manqn to execute this Agreemeat, and J on February 4, 2025, approved and WHEREAS, the Disbid, at a meeting of its Board ofDirutus on February 3, 2025, has approved and authorized the President or Vice President of the Board of Dirwtors to execute md the Secretary or Assistant Snntary of the Board ofDirntors to attest this Agreement; and WHEREAS, Dental and the Djgaid are authorized to enter into this Agre€mart pwsIwrt to Twas Governmart Code Chapter 791, and other applicable laws; and WHEREAS, Denton and Dishict individually have the authority to perform as set forth in this Agreement in auonlance with Texas Government Code g 791.011(c); and NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and undertaking of the Partiw ha€to and the mutual consideration hnein stated, the sufficiency of which is hereby acknowlabed and agreed upon, the Parties hneby agree as follows: AGREEMENT OF THE PARTIES ARTICIE I DEFnWIIONS Some terms used herein are defined by the Texas Water Ccxle or under the City ordinance. To the extent a defined term or phrase is und and not defined huein, %ch shall mean and nf© to the definition prncrilnd by the Texas Water Code or under the City ordinance. If no such definitions are established by those laws, then common usage shall control. Accordingly, the following Mms and expressions in this Agreement, unless the context cl%rly shows otherwise, shall have the following meanings: “CCP shall refer to and mun a Certificate of Convenience and Nnessity issued by the Public Utility Commission of Texas (“PUP) or its pndecessor or succwsor agency, as pnscritnd by the Twas Watu Code “Denton” or “City” shall refer to and mean the City of Denton, Texas, a Twas home-rule municipality. “Cost of Coagtraction” shall refer to and mun the anal costs of dnign, enginmin& construction, acquisition, inspection, testing, nweyhIB staking, aId other assuiated aists relating to the cons&uctiar oftln WaIn Facilities, as applicable. The estimated Cost ofConstnrctioa of the Water FacilitiesaaMwbble to the Property is included in Erbibit “C” attached hereto and incorporated huein. qDay” muas a 2+how period &urn 12:00 &m. to 11:59 p.m. of each calendar do. “Denton’s System” or “Ihnton System” means all existing and future &cilidn utilized to provide Water suvic® to Den&n’sntail and wholesale custmrers including, but not limited to, Denton’s Wan treatment and transmission systems, WaIn storage facilities, publicly owned treatment worn, and administrative and personnel buildings. City oflbrr&xI Utility Sewia Agrearrau Page 2 of30 018443_000tX)1\4863-9339-5199.vI I 'fDistricP shall refer to and mean Sanctuary Municipal Utility District No. 1 of lknton County, a cons€rvaion and reclaaradon district operating under the authority of Chapters 49 and 54 of the Texas Water Cock, as amended. “ESFP shall refer to and mean m equivalent singlefamily cowtntion. “Groaadwater“ means all of the wrdngoundwztu, penoladng water, aResianwatu, and any odIn water Ban any and all depths and rwuvoirs, formations, depths and horizons beneath the surface of the Property, excluding underflow or flow in a defined subtenannn channel. “GroandwaterRigbB” means (1) the legal title to Groundwater and the right to test, explue for, daII for, develop, withdraw, capture, or otherwise beneficially use the Groundwater; (2) the right to use the surface of the real popaty for access to and to explore for, develop, but, pnHuce, and transport the GrotudwateG and (3) all parnits, lic€ns®, u other govemmenta i authodzadons relating to any of the foregoing. If a separate %sement agreement is nquhed by this Agreement, the Groundwater Rights include the easement rights “M(ii)” means million gAllons per day measured as a twenty.fow-hour period and is not intended as an annual average unles expressly provided to the contrary. “Month” m%as a calendar month. “Oflsite” means not located within the Property. “06site Water FaciEties” means Water Facilities to be constructed by Owner outside the boundadn of the l+operty for the pwflose of providing tImted water service to Water Customers located within the Property, particularly including those facilities described in that certain water study prepared by Kimley- Horn & Associates, Inc. attached hereto in Exhibit “B” (the “Water Study”). “Outside Customers” shall refer to and mean retail Water customers who are conn@led to 1>eaton’s System and are billed as customers located outside the City’s corporate limits. 'Taints of Delivery” m%as the locations where, and the Water Facilities through which, Water will enter the Water Facilities whtHa the Property, pursuant to this Agreement. As of the Effective Date of this Agreement, the Points of Delivery are located as identified in Erbibit 'W’ attached hereto and incorporated herein. “Property” shall refer to and mean the panel of approximately 273.03 acres, more particularly described and shown in Erbibit “A”. are Property shall be developed into a single-family residential development. “Wastewater or “Ealuent” means all liquid or water4anied waste products from whatever source derived, whether tnated or untreated, which are discharged into the Wastewater Facilities, or permitted to enter hlto the Wastewater Facilities. “Transmission System” mans all of Denton’s water lines twelve (12) inches in diameter or larger used to transport Treated Water to its customers. “Wastewater F8ciEtin” shall refer to md m%a all Wastewater facilities to be cons&ucRed by C>wan and/or District inside or outside the boundaries of the Property for the purpose of providing reaD Wastewater service to customers located within the Property. This definition shall cover Wastewater facilities utilized to provide wail Wastewater service to custaners located within the Pnpedy without regard to whettru they are wholly or partially constructed or owned by the Owner and/or District and without regard to whether retail service is provided by the District. City of Chain Utility Service Agreanen£ Page 3 of 30 01BH3,CXXXX}lW863-9339-5199.vl 1 “Wahrn nuns raw water treated by Den&xI so that it is potable wan meeting the minhnum quality nquinmm,ts for human consumption as prunibed by the Tmas Commission on Envboamental Quality or other appropriate ngulatory agarw. “Water Cagtanen” shall man and nfu to Water custmrers that are lwaled within the Prolnay. “WaterFacIHtiu” shall inan all Watuconwyanw hcilili% to be cms&uct€dbyown€r inside or outside the bowrdaH%ofthePmpeny for the pupo$eofprovHing Ueatedwatnsewice toWatnCustaners kxlated within the Property, particularly including those facilities described in that certain water study pnpned by Kimley-Horn & AssociatB$ 1nc., atta:hed hereto as Erhibit “B”. ARTICIE a ADOPTIONS AND nVrERPRErATiONS Sutioa 2.1. Adoption of Recitals. All of the mattas stated in the recitals of this Agreement are true and oonwt and are hereby imorpomted into the body of this Agreement as though fUlly set forth in their entirety herein Sntioa 22. Adoption of Erhibits. The following Exhibits and their attachments nfnaIud in this Agnement an henbyimapomted into the body of this Agr%meat as though fully set forth in their entirety herein • • • • Exhibit “A” Property ExhRiit “B” Water Study Exhniit 'T’ Estimated Cost of Construction Exhn>it “D” Form of Easement Sectioa A. Intergntatiow. The following principles control the interpretation of this Agreement. 2.3.1.Unl®s otherwise stated,nfennce to any document means the docwnent as amended or supplemented from time to time. 2.32. Reference to any party to this Agreement or to a govnnmental regulaR)ry agency means that entity and its succnsors and assigns, uaw expressly provided to the contrary in this Agreement 2.33. Misspelling of one or more words in this Agreement shall not void the Agreement Mispelled words shall be read to have the meaning apparently intended tv the Parti®. 23.4. Wolds in the singular numtnr include the plural, unless the context otherwise nquirn. 2.3.5. References to “Article”, “Section”, Subsection”, and “Exhibit? are to the articles, sections, subsntions and exhibits of this Agreement unless expressly stated to the contrary. 2.3.6. Article and section Inadings are for convenience and nfuence and are not intended to define, limit, or expand the scope of any provision of this ABI%maE ARTICIE m WATER AND FAC]EITIES Section 3.1. Con9tnrction Own% on behalf of the DistHd, shall construct the Water Facilities rnce$sary to connect to Denton’s System at %reed upon Imation& Section 32, lkslga. The Water Facilities shall tn enginnnd and designed by a Texas Licensed Professional En8ineu chosen by Owner, who dull design such f8cilitin in anordance with de applicable standards and sp%ifimtions of the City and all govenrmartal agencies having jwisdiction, consulting with the City as needed to ensure conformanw with the City specifications. C)wnu shall dnign and constIUct the Wain Facilities in agoodandworkmaaIike maumsothw are fit for the intended pwposes. Said dnign City oflbrrtDn tXility SeNa ABreartaa Page 4of30 01 &143.0CX1001V863.9339.5199.vl 1 and constnrcdoa shall te at C)WIm’s sole cost, exala as set &xtf! to the contrary in section 33 “Sizing” below Unless othuwise mutually agreed to in writing, Owner, on behalf of the District, shall be responsible for the design, consU'uction, and finaming of Water Facilitin, and compliance with any apptioable state or federal nqu&ements, iwhrding, but not limited to, for water lines to metering pohrts, meters, meter vaults and asswiated valves, and for acquisition of any dghts©f-way for additional or hRwe Points oflhHvery to which Denton may consul Section 33. Siziag. The Water Facilities shall be sized to provide continuous and adequate retail watn service to a maximum of 1,086 ESFCs on the Property. In the event the City requires any of the Water Facilities to te oversized to serve customers located outside the bowrdaHes of the Property, terms and conditions related to ovusizing shan be governed by an oversize participation agreement executed by the City and Owner based on the City’s standard oversize participation agreement form. Section 3.4. Construction of Water Facilities. The Wan Facilities shall tn constructed in accordanoe with the masauction plans and spwificadons approved by the City pursuant to Section 3.5 and in compliance with: a. City’s applicable ordinances, rules, and regulations; and b. The rules and regulations of any governmental agencies having jurisdiction. Section 35 A9Drov81 by the City’s D®ienated Engineer. The Water Facilities are subjwt to approval by the City’s designated argineer in accordance with the City’s standard review schedule. Construction shall not commence unlas and until said plans and specifications have been approved tv the City’s designated engineer. To the extent there is a conflict between any portion(s) of an applicable ordinance, rule, regulation, or law related to the construction of the Water Facilities, the more ns&ictive and/or stringent of the aon8icting portion(s) shall apply. Section 3.6. Coaformitv. Owner agrees that Denton’s engineers or other representatives may inspect and test the construction of the Water Facilities at any time to determine compliance with the approved designs, plans, and specifications. Owner must notify the City in writing of the date upon which construction is scheduled to commence on each phase so the City may assign an inspector. The City will charge reasonable fees related to inspecting the construction of the Water Facilities in aaordan@ with qplicable law. Section 3.7. Stoppage for Non-Conformance. The City may stop work on any portion of the Water Facilities which are not being constructed in conformance with the City’s regulations and standards and the approved plans and spnifications until such time as Owner and Owner’s conUactor© agree to construct that portion of the Water Facilities in conformance and to demonstrate future conformance as requested by the City Upon pnpucompletbn of construction of a phase of the Water Faciliti%, final inspection by the City, and the City’s written approval of the Water Facilitiu, such portion of the Water Facilities shall be dedicated to the City without comparsation by an appmpdae legal instwmeat approved by the City Attorney. Tbaeafter, the Water FaciIitin shall be owned and solely operated, maintained, and npa&d by the City. The City shall maintain the Water Facilities in good repair and working condition at all times. Section 38. AcceDtance,Dedicatioa, Maintenance, and ReDair Section 3,9. Acquisition and Dediation ofEasenents for Water Facilitiw. 3.9.1.OwrIU sMI be responsible for acquidng and dedicating to the I)istHct, at Owan’s sole expense, any %sement encompassing areas across pH%tely or publicly owned land or sites which the City determines are nwessary for the construction, operation, and maintenance of the Water Facilities. After such %sement5 are dedicated to the District, the District hereby agrees to assign such easements to the City. City oflhtaon Utility Sewia Agreement Page 5 of30 01 W3.000001\4863.9339•5199.vII 3.92. Owrnr shall un its 8<xI faith efforts to aaFrire aon<xclusive usements which allow for the City to install fUture water lines and other municipal utilities; provided, lx>wey% that such future facilities shall not interfae with the operation, maintenance, or use of the Water Facilities. If, however, Owner is unable to obtain such %smrents ty private negaiation, District shall snue the non©cclusive %ments after a finding of public nne©ity, thn>adr the un of the Dis&ict’s powu ofanhrent danain, 3.93. The Parties agree that any easernents aI,guild shall be on the form attached hereto as Erhlblt eD” and incorporated hnein for all purposes. Unless ot:huwise set forth in this Agrwmart to the carbwy, the District shall be rnpoasible for funding all nawable and anessay bBa] pnx:eedirWIiti@tion cost8 attornw’s fen, and related expenses; property acquisition costs; and appraiser and expertwitnas fees paid or incurred in the wercise of its aninart domain powus. The District will use all r%sonable efForts to expedite sub condmrnation prwedurw so that the Wan Fa£iHties caa tn constrwted as soon © r%sonably practicable. 3.9.4. Owner shall obtain all governmental approvals necessary to construct the Water Facilitin in public land or right90f.way. Section 3.10. Easement Form. All %sanents acquired by Owner or District for the Water Facilitiu shall: & Be the widths shown in Exhibit “B” attached hneto; b. Be adequate to allow the City to install water lines and other municipal utilities; and c. Be siarated in the public right-of-way or in wisting %sements specifi%Ily dedicated for the Water Facilities as set forth heretarder. Section 3,II, Development Contracts for Pablic Improvements and Bonds. For all Water Facilities, Owner and any contractor performing constrwtion shall execute a Development Contract for Public Improvemarts with the City using a contract form approved by the City Attorney. Additionalbr, for all Water Facilities, OwnerorConaactor shall obtain and tender payment bonds and performance bonds in the fUll amount of the construction cost The perfomranw bands shall be fu a term of two years horn the date of fiIIal aweptanoe of the Water Facilitiu by the City and shall name the City as an obligoe with a surety acceptable to the City guarantwing the work and rnateHals of the Watn Facilitia to be free from defects or need for repair. The bond forms and the sunties are subject to the City Attorney’s approval Section 3.12. COBb of Plans. Owner shall funish the City with one reproduction and two copies of the as.built or record drawings in an appropriate AutoCAD format for dn Water Facilities promptly upon aompletion of construction and aweptance by the City. The drawings must be GIS compatRile. Section 3,13, No Grant ofEqqjty or Ownership. No provision of this Agreement may be interpreted or construed to create any type of joint or equity ownership of any property or to create any partnership or joint venture. Neithw this Agreement, nor any acts of the Partia hereunder, nor any payments, may in interpreted or construed as granting or ott@wise vesting hI District or Owner any right, title, interest, or equity in the lknton System, or any elmIart thueo£ WELELV RETAEL WATnR SERVICE Section 4.1. e . lbnton busby agrees, subject to the terms of this Agreement, to pluvide retail Watn wvic8 to the Water Customns‘ Section 42. SolePrwider. Denton shall tn the sole pn)vidu of retail Water sewice to all Water Custaners. Section 43. Billing and Rata. 43.1. The City shall bill the Water Customers for the City’s provisiar of retail Water service when such service is available. Civ oflhrr8m Utilily SwinABmnea Page 6 of30 018H3.Ot)OtXitV+863.933 BS 199.vI I 43.2. Wan Customers shall pay the City’s rate fa retail Water service to Outside Customers, as the rate may be amended from time to time in the City’s sole discretion. 4.33. All of the standard rates, fees, and charges adopted by the City shall apply to retail Watu service provided pursuant to this Agnmrent. Sectioa 4.4. Coaditions Precedent, it is uaderHmd and agreed by the Partia that the obligation of the City to provide retail Water service in the manner contemplated by this Agreement is subject to (i) the issuance of all perruits, oertifica££s, or approvals required to lawfully provide retail Water service tv the PUC, Texas Cornrnissiolr on Environmental Quality, and an other govemmental agencies having jurisdiction, which Owner, Districb and City shall use good faith efforts to timely acquire, if necessary, and (ii) completed conveyance of Groundwater Rights from the Owner to the City pwsuant to Article V. Section 45, Service Limita6oas. Notwithstanding any other provisions of this Agreement, Denton’s obligation under this Agreenlent to supply retail Water service is subject to and limited by Denton’s available raw water supply and the capabilitiw of Denton’s System, as detemaned by Denton in its sole discretion. Denton will use r%soaable efforts consistent with paIdmt operation of the Denton’s Systan and with the hans of this Agreement, to furnish and remain in position to provide service to Water Custoarers. Retail Water wwMpwsuant b this AgnemartisMnr limited pwsuant to Section 4.6 of this Agnanent. Section 4.6. Water Conservation and Drought Contingency. 4.6.1. City shall develop and implement Water conservation and drought contingency plans using applicable elements of Chapter 288 of Title 30 ofthe Texas Adminis&ative Code, as may be ameRded korn time to time. District agrees to pwsue and encourage consu%tion for the benefit of all customers of the DistHct and the Denton System. 4.6.2. District agrees that Denton may limit or curtail Water supplies or services pursuant to this Agreement consistent with Denton’s duly adopted water conservation and drought contingency plans or for other reasons in the public interest Denton agrees to impose such restrictions equitably and in a non- discriminatory fashion. District a8€es to coordinate and cooperate with Ihnton corneming the implaneatation of any action to conserve or otherwise limit or curtail Water supplies in edu to minimize adverse impact on Denton’s System operation, on adequacy ofserviw, and to promote public understanding of the need for and terms of such limitation or curtailment. 4.6.3. To the extent Denton imposes restrictions of general availability nquiHng curtailment or rationing of Water delivery and a%ilability other than as provided under Denton’s duly adopted watw conser%tion and drcjudd curtailment plans, Denton agrees to hnpow such res&lotions equitably and in a non- discrimilutory fashion. Such cwtaHments or rationing shall be limited to the extent that such supplies and service are curtailed due to a lack of raw water supply or because of Denton System failure or malfunction, contaminatiar, acts of God, civil disturbances, war, regulatory delay, or other muses beyond Denton’s control Section 4,7. No Conveyance of Water Rjghts. The Parties acknowledge that nothing in this Agreement is intended to sell, eacumtnr, transfer, or convey any water rights &om Denton to District, Owner, or any othu entity and no such dgrts are sold, encumbered, &ansf€ned, or conveyed. No entitlement to Water supply is cruted other than as expressly provided in this Agrmmmt. If this Agreement is ever construed to effect an mtitlemaR b1, or sale, encumbrance, transfer, or conveyance of, Water rights from Denton to District or Own% then the entirdy of the Agreement shall be null and void. Section 4,8. No Continuation of Sewicn. District and Owner acknowledge there is no right to oontinuafjon of retail water service by Denton in the event this Agreement is terminated and that no such right(s) may be implied. Section 4,9, Temporary Discontiauance. Denton expressly reserves the right to temporarily discontinue the retail Water service provided for in this Agreement, in the same manner as the City would temporarily City of£krRon Utility SwieAgrwncnt Pw 7 of30 01&B3.0(}(X)01\4863-9339-5199.vI 1 discontinue retail WaIn servbpwvided to any ofitsothnreail Watm custonter's, whenever it is neassary to do so to arsun proper operation oflknton’s System or to pRMct dre health aId safety of the public. SeI:tba 4.10. Water IrnDact Fen 4.10.1. Imlwt fees for connection to any Water Facilities shall be charged for each ESFC Ima ed within the Properly (the 'qmpacX Fes”), subject to the conditions in Sections 4.10 and 4.11 and in accordance with Chapter 395 of the Texas Local Government Code. 4.102. The Impact Fm shall refer to the fees due under this ABumeat per ESFC Mxn any builder within the Properly who connects to the Wain Facilities, in an amount equal to the City’s wistilrg Water impaa fee stated on the City’s impact fee schedule in effect at the time of mid connection to the Water Facilities. nIe Impact Fee shall be charged once per ESFC subj ut b Swtbas 4.10 and 4.11. 4.103. The Impact Fees shall be due for each connection made for each ESFC located within the Properv at the time such connecdar is made. No connection to the Water Facilities may occur until the Impact Fees have been paid to the City for such connection. 4.10.4. The Parties hereby agree that the amount of the Impact Fee shall be based on an impact fee study cornpleted by the City, as mread9d. Any change to the amount of the Impact Fee shall tn efFective upon passage of the new Impact Fee amount by the Denton City Council md shall apply to any connections made after the new Impact Foe amormt becom® effective. Sectioa 4.11. Impact Foe Credits for Ofbite Water Facilitiw. 4.11.1. This section graII be limited to Offsite Water Facilities included in the City’s impact fee study in efBct at the time the City accepts the Offsite Water FaciBtja. 4.11.2. Upon the City’s acceptance of any Offsite Water Fmilities, Owner shall provide the City with evidence of the Cost of Construction for the Offsite Water Facilities. 4.11.3. (>wan will be eligible to rweive an impact fee credit amount equal to the Cost ofConsuucdon for the Offsite Water Facilities in accordance with the City’s Impact Fee ordinancu and reguladons, However, the amount credited shall not be greater than the amotnt included in the City bnpmt fee shldy in effect at the time ofthe City’s acceptance of the Offsite Water Facilities. The estimated Cost ofConsuuadon of the Water Facilities attributable to the Property that are included in the City’s most twent impact fee study in effect as of the Effntive Date of this Agrwnent is attached hereto as Exhibit “C”. Owan and City a©ee that the most rwart impact fee study is subject to change and may be amended by the Denton City Council in its sole discretion. 4.11.4. Owner and the City agree that once C)wnu is credited in acaordance with Sectiar 4.113, the City shaH collect the Impact Fees per ESFC pursuant to Section 4.10. 4.11.5. Nothing in this Agreement shall limit the ability of the Denton City Council to amend the City’s impact fee study or schedule. 4.1 1.6. Nothing in this Agnanent binds the Dm&)a City Council to imlude any Offsite Water Facilities in its Mpaa fee study or capital impnvemmt plan. Section 4126 Wutew8ter Flows. District and Ownu shall ensure, to the exteat allowable by law ard through agreements exnutd with aw Wastewzt@suvicepnvickr, that title and ownership to Wastewater flows originating from the Proputy belong to Dalton aftertna©nmt and discharge to a natural watercourse via a wastewatu beatmart facility pumiaed by the Texas Commission on Enviromnental Quality, or ib sucensor agency, under state and federal law. District and Owner agrw they are solely responsible for the collection, delivery and aeatmentofWastewa©r while they have title to such Wastewater and that liability City oflbrrtcm Utility Swia A8wmerrt Page 8of30 018143.OtX)001\4863-933S5 199.vl 1 for damagw arising fran the baasportaHon, nception, tr%tment or disposal of all Wastewater while title to such Wastewatn is held by Owner and/or District shall remain with the Owner and/or District District and Owner will support and coordinate with Denton in all its efforts to obtain permits and/or ngula&xy authorizations related to this Section &om State and Federal agarcies having jurisdiction inchldhg, without limitatian, efforts by lkaton involving reuse and bod and banks pennitting. (>wan and District agree to provide Denton with documents and information requested by Denton as may be nquind by Denton for such purposes. District and Ownn hereby waive any objection or right of protest to Denton’s permitting and/or authorization applications for such purposes. Section 4.13, Wastewater geNRe Changa. TIle District and Denton County MwHcipal Utility District No. 16 WJD No. 16’) head to enter into an agreement pursuant to which MUD No. 16 will prwide retail wastewater service to the District. Owner and District shall notify the City within thirty (30) days of becoming aware that the Property, or any customers associated with it, will not receive wastewater servioe pursuant to the agr%ment and/oranangement(s) with VS Development, LLC and/or MUD No. 16. ARTICLE V GROUNDWATER Section 5.1. Groundwater Rights. Owner warrants and represents that it owns the Groundwater Rights attrR>utable to the Property in fee simple and that the Growtdwatu Rights have not been severed from the surface estate. Section 52. Groandwater Rights Sale Agreement Required. Owner shall enter into a Groundwater Rights Sale Agreement with the City, the form of which shall be mutually agreed upon by Owner and the City, wherein the Owner agrees to sell the Groundwater Rights attributable to the Properly to the City in fee simple. The Groundwater Rights Sale Agnment shall be accompanied by a deed, the form of which shaH also tn mutually agreed upon by Owner and the City, and both instruments shall be filed and recorded in the rmI property records of Denton County. The City will not use the surface of any finished lots within the Property to access, explore for, develop, treat, produce, or transport the Groundwater. Section 53. Irrigatioa Liens& After closing on the Groundwater Rights in ancrdalice with Section 5.2 benin, the City shall gIant the District a license, the form of which shall be muttuliy agreed upon by the City and District, to produce Groundwater for irrigation purposes in amounts sufficient to ensure the maximum amount of Groundwater is conserved, based on documentation provided to the City. Conditions relating to the siting and operation of any Groundwater wells will be addressed in the license contemplated by this Sntion 5.3, which shall be mutually agreed upon by the City and District. Section 5.4. GeD Approvals aBd Filings. Owner and/or District shall obtain all the regulatory approvals from the North Texas Groundwater Conservation District ('MGCD”) necessary to effectuate the sale and license contemplated by this Agreement. Owner and/or District are also responsible for the filing of all documents required by NFGCD to efTeatuate the sale and license contemplated by this Agreement Section SS 1 MMMr . Owner and/or DistHcX shall be nqnnsaHe for obtaining all ngulatory approvals nn®sary to ptoduoe the Growrdwater allowed under the license nfaen ad in Section 5.3 ARTICIE VI OPERATION AND REGULATORY APPROVALS S8ction GI. Operation and Maintenance of Denton’s System, Denton reaognizes its right and duty to operate Denton’s System larder this Agreement in a prudent and economical manner for the benefit of its retail customers. Denton will use due diligence to comply with appropriate water quality standards and will City of ChaRm Utility Service A8rnrnau Pee 9 of 30 018&13.000€X)I\486 b9339-5199.vl 1 guard @nfully against all forms of conamirution to Ibnkin’s Sygan employed in perfomrann of this Agl€ement Sectioa 620 State or Federal Laws, RuIn, Orders or Reguladou& This Agmment is subject to all applicable Federal aId State laws and any applicable permits, ordinances, rules, orders, and nguIations of any kx:aI, state, or fegkral gavanmaItal authority having or assatingjwisdiction; but nothing contained herein shall be construed as a waivw of any right to question or contest any such law, ordinance, order, rule or regulation in any faum havingjwisdiation. Section 63. City Permits and Regulatory AuthQHationg. District and Owner will support and coordinate with the City in all its efforts to otXain pnmits and/or regulatory authorizations nlated to this Agreement nom State and Federal agencies having jwisdiction including, without limitation, efforts by the City involvhrg watu reuse and bed and banks permitting. Section 64+ Certi6catn of Convenience and Nnessity and Extr8tenitorial Jurisdictioa, 6.4.1. District agrees that it will not provide any Water or Wastewater services to any customer within an area included within Denton’s single, dual, or multiple certificated areas, unless expressly approved in writing tv Denton. 6.4.2. With the exception of Denton’s Water or Wastewatu CC:N, the Property shall not be located within an area subject to a CCN issued by the Public Utility Commission of Texas or successor agency. 6.4.3. To the extent the Properly, a any portion theno£ is not subject to any Water CC:N, Denton has the option to extend its Water CCN to cover the property at the City’s sole cost and expense. 6.4.4. The Owner agrees that it will not take any steps to include the Pmpaty in the extraterritoHa1 jurisdiction of any politiml subdivision other than Denton. Section 65. Comwliance with Applicable Laws. 6.5.1. This Agr@meat is entered wbj nt to and contnlIBd by the Charter and Ordinanc® of the City of Ihnton, Texas and all applicable laws, nan, and regulations of the State of Texas and the United States of America (collectively, “Applicable laws’), as amended. Ure Parties sha]1, during the performance of this Agrwment, comply with all applicable City codes, ordinances, and regulations, as amarded, and all applicable State and Federal laws, ales, and regulations, as amended. 6.5.2. Notwithstanding any provision of this Agreement, to the extent there is a conflict between any portion(s) of an appHmble City ordinance, rule, or regulation related to service to Outside Customers and this Agreement, the provisions of this Agreement shall apply. 6.53. The Owner or District shall file this Agreement with the appropriate State or Federal agency, if requM under State or Federal law. ARTiaEVH MUSCEILANEOtJS PROV]BIONS Section 7.1. INDE&tWIFICATION. 7013. TO THE EXTENT AILOWED BY LAW, DISTRICT AGREES TO DEFEND, nvDEBaviw, AND HOID DENTON, Frs OFTICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY lIABlurY UV CLAms, ADMnViSTRATTVE PROCEEDDVGS OR LAWSUITS FOR JUDGMENTS, PENALTnES, FDVES, COSTS, EXPENSES AND ATTORNEY'S FEES FOR PERSONAL DVJURY (INCLUDUIG DEATH), PROPERTY DAMAGE, OTHER HARM FOR WHa RECOVERY OF DAMAGES ]S SOUGHT, SUFTERHD BY ANY PERSON OR PERSONS, OR FOR VIOLATIONS OF STATE OR FEDERAL LAWS OR REGULATIONS, THAT MAY ARISE OUt OF OR BE OCCASIONED BY: (A)ABREACHOFTBUS AGREENmNr City of Iba&xI Utility Sade Aglwtr£rrt FaB$ 10 of30 018443.000tX)IU8630339-5199.vI 1 BY DwIRlcr; (B) Tm NEGiJGENr ACT OR OWSSION OF DISTRICT at THE PERFORMANCE OF TEES AGREEBmNr OR W DISIRICPS OPERATIONS; OR (C) THE CONDUCT OF D]STRICT THAT coNsrrrtyrES A VIOLATION OF STATE OR FEDERAL LAWS OR REGULATIONS OR OF PHRB4ar PROVISIONS. HOWEVER, THE WDEBawry STATED ABOVE SHALL NOT APPLY TO ANY nAB]buy RESULTWG EXCLUSIVELY FROM THE SOLE NEGLIGENCE OF DENTON, ns OFBICERS, AGENTS, EMPLOYEES OR SEPARATE CONIRACTORS. 7.12. HITREE EVENT OFJOPW AND CONCURRWG RESPONSEBnrWOFTEE DISTRICT AND DENTON, RESPONSHBnrw, W AIW, SHAIL BE APPORTIONED COMPARATWELY UV ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, wrIHOur WAND(G GOVERNMENtAL nnlUNrrv OR ANY OTxnR DEFENSES OF THE PARTIES UNDER APPIICABLE TEXAS LAW. 7.13. NOTmvGnvTH6 SEcrioN 7.1 REQUIRES DENTON OR DISTRICT TO ASSESS OR COLLECT FUNDS OR TO CREATE A SEvnuvG FUND. 7+1.4. OWNER AGREES TO DEFEND, HVDEBaVWY, AND HOLD DENtON, ns OFFICERS, AGENFS, AND E&@LOYEES, HARMIESS FROM ANY LIABILITY nv CLAIMS, ADMVWrRATrVE PROCEEDUVGS OR LAWSurFS FOR JUDGMENTS, PENALTBES, 3WES, COSTS, EXPENSES AND ATTORNEY'S FEES FOR PERSONAL nVJURY (iNCLUDniG DEATH), PROPERTY DAMAGE, OTHER HARM FORWHCH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANy PERSON OR PERSONS, OR gDR VIOLATIONS OF STATE OR FEDERAL LAWS ORREGULATIONS,TUAT MAY ARISE OUT OF OR BE OCCASIONED BY: (A) A BREACH OF TEns AGREEMENT BY OWNER; (B) THE NEGLIGENT ACT OR o)assioN OF OWNER, ITS DIRECTORS, AGENTS, EMPLOYEFS) OR SEPARATE CONTRACTORS UV THE PERFORMANCE OF THS AGREEMENT OR Dq OWNER'S OPERATIONS; OR (C) THE CONDUCT OF OWNER, ITS OFfiCERS, AGENTS, EMPLOYEESOR SEPARATE CONIRACTORS THAT coNSTrrtyrES A VIOLATION OF STAIE OR FEDERAL LAWS OR REGULATIONS OR OF PER&M PROVISIONS. HOWEVER, THE HVDEMvrrY STATED ABOVE SHAIL NOT APPLY TO ANY LIABIIITY RESULTRqG EXCLUSIVELY FROM HER SOIE NEGLIGENCE OF DENTON, rTS OBTICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS. Section 72. Force Maieure. In the event any Party is rendered unable by force majeure to carry out any of its obligations under this Agreement, in whole or in part, then the obligations of that Party, to the extent affected by the force majeure shall be suspended during the continuance of the inability, provided however, that due diligence is exercised to resume performance at the earliest practical time. As soon as nasarably possible afM the occurrence of the force majeure relied upon to suspend performance, the Party whose con&actual obligAtions are affected thereW shall give written notice and full particulars of the forcemajeue to the other Party, shall provide w@kly written updates describing its efforts to mitigate or cure the force majeure condition(s), and graII provide written notice at the time that the force majeure conditions have oeasecI. The cause, as far as possible, shall be remedied with all reasonable diligence. The term “force majeure” includes acts of God, strikes, lockouts or odIn industrial disturbances, acts of the public enany, orders of the govunmeat of the United States or the State of Texas u any civil or military authority, insurnctions, riots, epidwrics, landslides, lightening, earthquakw, fires, hwrianes, storms, floods, washouts, drougtts, nsbaints of government and civil disturbances, explosions, breakage or accidents to egripment, pipelines or canals, partial or complete failure of water supply, epidemic, pandemic., and any other inabilities of either Parry tote able to perform, whether similar to those enumerated or otherwise, that are not within the cmUol of the Party cIa&ning the inability and that could not have ben avoided by the exercise of due diligence and care City ofEkntar Utility Sewin Agrwmeat Page 11 ofa 018443.000801H863.9339-5 199.v 1 1 Section 7& e e This Agreement shall eommarce on the Effective Date and shall end, unless erminaled, when the actions newssary to effectuate the purposes and intent of this Agrwmaa are completed. Sectioa 7.4. Termination 7.4.1 The City, at the City’s option and without pnjudice to any other remedy City may be entitled to at law, in equity, or ejgewhen urdu this Agnemeat, may terminate this Agreement br whole or in part for brwh that is not cured in complia3ce with Section 7.6 or for non-appnpHation under Section 724. 7.42 Notwithstanding any other provision of this AgrwaIent, this Agreement shall terminate if after eight (8) years from the Effwtive Date (“Deadline”) (i) construction of the Water Facilities is irnomplete; (ii) dedication of the Water Facilides to the City has not onurred; or (iii) convwance of Groundwater Rights &om the Owner to the City has not occurred pwwaat to Article V. 7.4.3 if this Agreement is terminated pursuant to Seatiar 7.4, all Offsite Water Facilities constructed, including any portions partially cars&ucted, shall nevertheless be dedicated to the City by (>wnu and/or District without cornpensation by an appropriate legal instrument approved by the City Attornw along with any associated %san mts md rights of way. 7.4.4 The Ihadline under Section 7.42 may be extended no later than one (1) year prior to the Deadline, without &iggning the termination of this Agreement, by writtar consent ofIhnton’s City Manager. Section 75.Addruse3 and Notice. Unlns otherwiseprwided benin, any notice, cornmunication, request, reply or advice (herein sevnally and collectively, for convenience, called “Notice’) herein provided or permitted to be given, made or accepted by any pnly to any other party must be in writing and may be given or be served by depositing the same in the United States mail postiiaid and registered or certified and addressed to the party to be notified, with realm receipt nquestecl Notice deposited in the mail in the manner described above shall be conclusively dmned to te effective upon nceipb unless otherwise stated herein. For the purposes of notice, the addressed of the parties shall, until changed as hereinafter provided, be as follows: If to Denton, to:City Managu City of Denton 215 E McKimW St Denton, Texas 76201 If to the Dis&ict, to:Sanctuary Mrmicipal Utility District No. 1 oflhnton County c/O Coats Rose, P.C. 16000 North Dallas Parkway, Suite 350 Dallas, Texas 75248 AHn: Mindy L. Koehne If to the Owner, to:TCCI Sanctuary, LLC 14675 Dallas Parkway, Suite 575 Dallas, Texas 75254 Atta: Tommy Cansler The parties hereto shall have the right &om time to time and at any time to change their rup@tive addresses and each shall have the right to specify as its address any other address tv at least fifteen (15) days’ prior written notice to the other parties hereto. Section 7.C Breach. If a Party breadhn any term or condition of this Agreement, the Iron-bnaching Party shall provide the breaching Party with notice of the breach. Upon its r%eipt ofa notice of breach, the breaching ParT shall have sixty (60) days to cure the bInch. If the breaching Party does not cure the bluch City of Untar Utility SwiaA&rurtred Page 12 of 30 018443.000001\4863033$5199.vI I within the sixty (60) days, the non-brenbing Party shall have all rights and nmedin at law and in equity including, without limitation, the ddt to enforce specific performance of this Agreement by the breaching Parly and the right to perform the obligation in question and to seek rutitution for all damages incurred in connection thenwidt However, this Agreement may only be terminated due to breach as stated in Section 7.4.1 Section I.I. Survival of Certain Rights and Oblieation£ Notwithsbnding any provision of this Agreement to the contrary and without limitation of any other provisions of this Agnement that specify survival of rights arId obligations, all ridrts and obligations of the Partia urdu this Agr%mat which by their natwe are intended to survive including, but not limited to, those listed below shall survive: a. Section 3.11 Development Contracts for Public Improvements and Bonds; b. Section 3.13. No Grant of Equity or Ownership; c. Section 4.7. No Conveyance of Wan Rights; d. Section 4.8. No Continuation of Services; e. Section 6.3. City Permits and Regulatory Authorizations; f Swtial 6.4. Certificates of Convenience and Necessity and Exaaterritoria! Jurisdiction; g. Section 7.1. Indemnification; h. Section 7.9. No ThircbPady BeneficiaHes; i. Section 7.12. Nonwaiver and Remedies; and j. Section 7.16. Venue; and k. Section 7.20. Necessary Dcnuments and Actions. T:he provisions ofthisAgnement an severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any mason, the nmaindu of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other Party of this Agreement to other persons or circumstances shall not be affected thereby and this Agnement shall be cons&IIed as if such invalid or unconstitutional portion had never bear caItained therein. The Partia agree that they have equally participated in the drafting of this Agreement with the assistance of leeI counsel, and that neither Party shall receive any benefit of interpretation of its terms on the basis of relative contribution to the drafting process. Section 7.8. Severability:laterDretation. Section IDe o We This Agreement is solely for the benefit of the Parties hereto, and no oth© person or entity has any right, intnest or claim under this Agreement nor shan be considered to be a tM-party beneficiary. Section 7.10. Caption The captions of the various swtioru and paragraphs herein are intended for convenience or reference only and shall not define or limit any of the terms or provisions herwf. Section 7.11. Goverameatal Immunity Not Waived, Neither Denton or the District waives, nor shall be deemed hueby to waive, any immunity or defense that would otherwise be available against claims made or arising fran any act or omission resulting from the Agreement. City of Ibn&)a IXility Serviae Agnem€rR PBS 13 of30al 8t43.0(Xi001V+863-9339.5199.vI I Section 7,12, Nonw8iver and Renedin, 7.12.1. A Party’s riga in the fUture to demand s&ict compliane and perfamanw under this Agreement is not diminished because, whethn through decision or oversight, that Party has not enforced a provision of this Agnemart or has not mfon:ed breach or nonpaformance in the past, whethu periodically u for long duradotl Also, a Party’s riga in the fuRrn to dmand strict complimce and performanm with this Agreement is not diminished because, wheth© through decision or oversight, the other Party has not enforced the same or asimil© provision of this Agreanmt or does not enfone the same orashnilar breach or nonpaforman% whethu peHodialb or fu long duration. To the extent a right or benefit in this Agrnment is expressly waived by a Party such waiver will not be applied other than strictly in @cordana with the conditions exprwnd in such exprws waiver and win not be implied to be cartinuing in nature 7.12.2. Except to the extent expressly provided othuwise, all remedies wisting at law or in equity may be a%ned of by the City and shall be cumulative including, without limitation, specific perfaman% and the City shall tn entitled to any reasonable attorney’s few, costs, or other ocpenses incurred in bringing or defending any action, as may be awarded by atnl)ural of competent judsdiction. Section 7,13. Eatlre Agreement. Tbis Agreement, including any exhibits and/or addenduns attached hereto and made a part berM and the l>velopment Agreement effective on February 4, 2025 arid its exhibits and/oraddendwns, constitute the entinagrwment between the Paltiesnlative tothesubjwtmattu of this Agreement All prior agr%nrents, covenants, r€pnsanta£ion s, or warranties, whether oral or in writing, between the Parties are merged herein. Section 7,14, Amendneat No amendment of this Agreement shall be eaective unlus and until it is duly approved by each Party and reduced to a writing signed by the authorized npnwntativa of the City, DistHc& and Owner resp%tively, which amendment shall incorporate this Agreement in every particular not otherwise changed by the amendment. Section 7.15. !zgXJe BLU Lay. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the Parties are expressly dmred performable in Dalton County, Toras Section 7,IC Venue. Any acdon at law or in equity brought to enforce or interpret any provision of this Agreement shall be brought in a state court ofeanpetart jurisdiction with venue in Denton County, Texas. Section I.II. Suocusors and Assjgw. aris Agrwmart shan be binding on and shall iaIn to the benefit of the Partin and their successors and assigns. Section 7,18. Assjgnment. The ridrts and obligations of the Owner and/or District Innundn may not be assigned without the prior written consent of Denton’s City Managu. Any assignment of, or attempt to assign, rights, or delegation of duties under this Agreement without the consent of Denton’s City Manager is void. No assignment by C)wan or Dis&ict shall reI%se Ownu or District &om any obligadorrs, rights, title, or interests undn this Agreement or flaIr any Habilitythatnsuhed Som any act orornissiontvownn or District, unless the City Manager approves sub a release in the written consent provided tv the City MaMW Section 7,19. Coantertnrts. This Agwment may be executed in multipkcounteqw& which, when taken togetha, shall be deemed one orighral. Section 720. EnwzUo n . Baeh Party 8grws to ornute and deltvu all other and furthn instruments and undertake actions as are or may tncome necessary or convenient to efBctuate the purposes and intent of this Agrwment. Section 7,21. Authority. By execution of this Agreement on its tnhalf, each Party npnwRs that it has full capacity and authority to grant all rights and assume all obligations that it has granted and asauned und© this Agreement, and that this Agreement has been authodad by its governing body. The Parties npnsent CiV of thInn Utility SaHa A8retnad Pw 14 of 30 018443.000001\4863-933 S5199.vI 1 and warrant that their nspnttve signaK)des to this Agreement have corporate or organizational autIrodly to execute this Agreement Section 722. Form 1295. Submitted huewith, if required by applicable law, is a completed Form 1295 galened by the Texas Ethics Commission’s (“TEC”) e lwtIonic filing application in accordance with tIn provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the “Form 1295’). nIe City hereby confirms rweipt of the Form 1295 from Owner, and the City agrees to acknowledge such form with the TEC through its eIn&t)nic filing application not latu than the 30th day after the rweipt of such form. The Parties understand and agree that, with the acception of information identj8ring the City and the contract identification number, neither the City im its consultants ne nsponsRile for the infwmation contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by Own% and, neither the City not its consultants have verified such infonlration. Section 723. Certifications. 7.23.1. Pursuant to Texas Government Code Chapter 2271, as amended, Owner verifies that at the time of execution and delivery of this Agreement and for the term of this Agreement, neither Owner, its parent companies, nor its common-control afIHiat£s cwnntly boycott or will boycott Israel. The term “tDyCOa Israel” as used in this paragraph has the meaning assigned to the term “boycott Israel” in Section 808.001 of the Texas Government Code, as amended. 7.23.2. Pursuant to Texas Government Code, Chapter 2252, as amended, Owner nprwents and verifies that at the time of executiar and delivery of this Agreement and for the term of this Agreement, neither Owner, its parent companies, nor its commolnon&d affiliates (i) engage in business with Iran, Sudan, or any foreign tenodst organization as descrnnd in Chapters 806 or 807 of the Texas Govenlment Code, or Sut>chapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas CompRoller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code 7.23.3. Pursuant to Chapter 2276 of the Texas Government Code (as added by Senate Bill 13, 87l’ Texas Legislature, Regular Session and redesignated by House Bill 4595, 88th Texas Legislature, Regular Session), Owner certifies that it is not a Company that boycotts energy companies and agnes it will not boycott energy companies during the term of this Agreement. The terms “boycotts energy companies” and “boycott energy companies” have the meaning assigned to the Mm “boycott energy company” in Section 809.001, Texas Government Code. For pwposes of this paragraph, “Company” means a for-profit sole pmprietorship, orgmizatior\ association, corporation, paRn©ship, joint ventwe, limited pannenhip, limited liability paHnenhip, or limited liability company, including a wholly owned subsidiary, majority- owned subsidiary, parent company, or affiliate ofthose entities or business associations, that exists to make a profit, but does not include a sole pmpdetonhip. 7.23.4. Pursuant to Chapter 2274 of the Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session, “SB 19”), Ownucertifies that it is not a Company that has a practice, policy, guidance, or directive that discdmiIWes against a 6narm altity or firearm trade association and agrees it will not disaiminate against a firearm entityor6narm tIM association during the term of this Agremrent The terms “discriminates against a firearm entity or firearm trade association” and “discHmimte aBinst a firearm entity or firearm trade association” have the meaning assigned to the term “disniminate against a firearm entity or firearm trade association” in Section 2274.001(3), Texas Govemment Code (as added by SB 19). For purposes of this paragraph “Company” means a for-profit organization, asswiation, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability . company, including a wholly owned subsidiary, majorityowned subsidiary, pannt company, or affiliate of those entities or business associations, that exists to make a profit, but does not mmn a sole proprietorship. City of ChIlton UtHiV Scrvia Agr€anent P&ge IS of30Ql&U3.€XX>001V1863-9339.5199.vI I 723.5. Owrnr ftrrthn artifies that, ncXwithstarxlhrg anything contained hI this Agreement, the nprwentations ard covenants contained in this Section 722 shall survive tamillatkin of the Agnmrent until the statute of limitations has run. The liability for breach of the npnsentations and covarants contained in this Section 722 duing the term of the Agreement shall suave until tw7Bd by the statute of Hmitadons, and shall not be liquidated or otherwise Rmited ty any provision of the ABInmeat, notwithstanding anything in the Agreement to the contrary. Sectioa 724Noa.APPnPriatioa. Notwithstanding any pnvisiars contained herein, the obligations of the City utdn this Agreement are expressly aontingent upon tIn availability of funding for nch itn and obligation contained haein. Neither the Owner or the District shall have a right of action against the City in the event the City is wiable to fulfill its obli8,ations under this Agnanent as a result of lack of sufficient funding for any itan or obligation from any sown udlized to fund this Agreement or faihrn to budget or authaize fbnding for this Agreement during the cwrentorfutwe fiscal yurs. If the City is unable to fUlfill its obligations render this Agreement as ansult of lack of sufficient funding, or if funds bnomeuna%ibble, the City, at its sole discntiorb may provide funds from a separate solace or may taminate this Agreement by written notice at the uaint possible time prior to the end of its fiscal year. Section 7:25 Rnewations of Capacity. Any nsewation ofWatu capacity by the City stated or implied by this Agrwrnent shaH not be cons&wd to extend beyond the Deadline, unless the lkadHne mId@ Section 7.4.2 of this Agreement is extended pursuant to Section 7.4.4 of this Agnement in which case any stated or implied rwerv8tion shall only extend for the period consented to by Denton’s City Manag©. IN WITNESS WHEREOF, the Parties hereto acting under authority of their nspective govuning bodies have caused this Agreement to be duty executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which is the Effective Date. pIGNATURE PAGES FOLLOW City oftknDcxr Utility SeIMa AgreernerR Page 16of3001&U3.000CX)IW863.933 S5199.vl 1 crrY OF DENTON ATiESr d.„--M , Lauren Tlxxktb City Swetary APPROVED AS TO FORM AND LXGAlrry Mack Reinwand, CityABonny Cily oflh8Rirl Utility Savin A8mawaPw 17of30 018#3.CXXXXilW86>933bS 199.vI 1 DISTRICT ATtEST: /, a'. Board of Directors Gia;y, Boilin)ire aors APPROVED AS TO FORM AND LEGALITY: ,k/My„, Attorney for th; City oflXnton Utility Service ABrwnnnt Page 18 of300 l&+43.tJ00€DI WB63.9339.5199.vII OWNER TCCI SANCIUARY, LLC. a Texas limited liability company By:TCCI Development Group, Inc., a Texas corporation its Manager T)By: Name: Timmy Can Title: President City of [Mon Utility Service Agnernent Page 19 of30 0 1 8+43.0(XXX) I \4863.9339-5 199.vI I EXHIBIT “A” THE PROPERTY :.tH 61+ 'A' D:'JT3P4 C:_",TY TEas it?3 33 ACRE B ) . ':3 AF .' DESCRIP- : t Jay :0 :C:+3 : '+++ : c+ 3 be 'E :-3 D3 ac'88 ent e#t'e S V+ -Are, 5„net Aura a b+ 13:9 be 'Baez ed :n= 6+ ac-8 •qc 3 +4 B-C de:c' bee ' end &: T'aa fao to Da'ry Jn Coen ana C$we-ep SHea:rIa- 'tcolgec q '31"•ene,t '. 3 :Oib3193 Wc 3 Pecoqi Ch-n- Co.q:, teea: IO 8 OCT 1 :a c ='3 OI x't Park not Tre pan<bla't ! dex B:He : , NIne: a 'd aeo'dg as + +IB: Bts -- '6 at a +48 Pa :et 4+' t'e heqB+e:t eou'er d 88 e a': 6- ac•e tract 8'e : I . I' ae:t co•-e• c' a ! :1 2903c'e net of aqd 'eco':ed q 1'3r'nee :49 202S•!1=43 tO IOCI a-d se 'I t-e 1438- Aeacone? d :H': :nI 03 8c•e t.H --Fi' i :: '.b:an :6'48'38' Ex. pau 's at a B n36c• ++2361 feet a : :..-e- qa -ae to.'c co'! '_ 's .q & a B.nance of : + :: 63 dee\ ta a t :'•e€b 'o- •GC bo ' C +l't'e S+bnea8B coHe' ez :a B i0£ iSR) 4:'e tqa and Pe Sed!'+e:3 ee"e• oi a ea ee :0 SSI =•• t'3a o' a.e e+8e' aed q end as ?.aa : te Cue-T Popes, Hoe ':3 ttC 'eco'eed - l+n'b--eFt \o 61313 pHD ( T -q::e :: 18:rT :;'4:' :3' EaSt 3 : 3:10Ce O' ::C 03 4e+• :0 ) e =arte e+ ssa 33 dee: :aa 1 : „c'• 'en •ec fa-'e de' :-e 3: .•'ea:: cang' a4 834 :0 SSt Hee :-Ht 8-e the So„BaBa BO'ne' 61 a ea ee 1; at:: ac'e t'an e+ 8'e den' bee n deed a: T'8a ! !0 = =:''. P'one, H$'e SF llC neo'eeg ' I- :!', Ten? he6131: :a PaD CTI 'P=?i :: ' i; a' ;;'48 53' Eu 8 e 8'8 - ce of 3:: II leet to + t 2..a .on 'QC ev,,o •e. t-e : },:.88:? co-ee of a 88 d 19 as ac•+ t'an 3'c t-e h. t- Ae:: co"e'• ++ 8 :a e I1 :6 3aetqa 64 8.e -+ E:+ :: tIen !S'f7S3 East = = s•ince O' :: 93 ++' •O 3 : ':. -c- '8' .oc b.-e :/ the 'ceT3r : Crt+r O+ + S :73 63 3=+ t•=b:: +qEte:E :avI 3,i'-:gt : 3st ac su-z =' it a :3 '++t ': 3 t :. .e- .o. •aa :n-aec TOP :'; i =sP ( Bet --'='B :: :ourl 3.: ': ' a =JS:. 3 a SOn :e 'J f II ;! ++t: B 3 Qa :+ C:na aDS 40 Rl +a-=P£E ::'.In C-='3' :' ' East. BC SOn:e d +Tt '3 IHt b 3 t :. ' ;' -o, no :u--xc ' IOl :<;B :aRt :e: -’:\ :: CUB+3 C:'::>35 ==g. 3 cs&uae d =e: 47 feet b 3 +ROb Corner mR 'auftO +dEtqCE ShS D8' '! :5 :3R BaSHIR :' •. 3:: S: feetto 3 ts 3 pont '= =+ fIS :+3 == 3:re trait :bth+iSt can+' Cd 'odEh€E SoD BagS : : \T+58 3 :'S;H+ C1 : $83 e ' fe+t b :I •O :I B': e: +=r =+ : Oh•+ eg n= ' CPV Cd + 8 :73 03 s:re :+>:+ +HENCE ?i:e ':£'?!'+;1' :ist 9 ; }:3':+ o' 4 :8: t: +HI !o:'e >a ': 94 : eg ' - ': a'd :a '•i - 'g : +3 Oi Xae8 era and A C+J'+ p a 3?J' :+ i ate CCXXC BaTes C:PD nea tW+ n 3fe ? C S3S4C UFCn tna T+las : eXIIES nat+ Sys:+n 84 tg:3 IC<n#only ++Ras State = 3'+ Coed ORe : /3+H . fhm CenT:Y :C '+ nl ; Su?Ney Fat T:c :Fri:P c Land : , n.,fm 491 bY - 1:c= F3= SR :CC :$n \\ ann TX :{ •: i HtF=qB+ \aB • Tq 4 :q:e:lw t F e be p\\ n b: w H RS : : 6: 8 : BSI 4,\•+ aBe 3 : : : +0 _saC+ B 4: ' i; T' ?: : a B.tel aB 63 + F : elK>\ C + + V\ gaS Tv :• : : we +F•J City oflknton Utility Sewiw Agetwrnnt Page 20 of 30 01 W+3.00(XXII\4863.9339-5 1 99.vI I EXHIBIT “B” WATER STUDY Exhibit B - Water StudyFanr laurA Sanctuary Development Water Analysis - Revised Denton, Texas NaVE ?a BEF; 202 1 Prepared By: Kimley '»Horn 801 (’Nrr\ Street Lnil eI I. Ste. 1300 Fort \\'onh. Texas 7610: I'BPF \a. F.q:8 RfI'\ So, 068301101 For: Cib of[knion Utility Serbia Agrwment ngc 21 of 30 0 18443.000001 \4863.9339-5 199.vI I iNTRODUCTION The proposed Sanctuary dnekpmed B kwted southwest of the US 380 and F.M 156 Intenedion altstde the wwae IImBs of the City cf Denton (-CRy-). but wtt$n City of Denton extrderritonal junsddlon (ETJ CXvblwt 2) K+mley+lun {KH) performed a hydraulic anatysb to determIne nIMs to DIe CIty ol Denlon's water system and infn structure required to serve IIe prqxn8d Sawtuaty Development TIle development is oomp rised of aHroxlmately 3 300 SIngle family unIts and 3CX3 mull.bmiy unIts. as well as 5 4 acres of retaIl and 7 5 acres of amend)r centers Below IS an exhibIt shOWIng IIte button of the proposed development The 8rnty sls was performed in accordance WIth the -City cf £hnlon DesIgn Cnren3 ManuaF dated July 2024 r! I 9 ! + I rii + :iT ; t U I Jen J:It , P -:R+ a Locatrur Map ExhIbit WATER DEMAND LOAD F"ROJECTIONS As pan of the water analysIS. Kimley.Horn usessed the MaxImum Day + FIre Flow and the Peak HOur $un©io$ as nqutnd by the Texas Commiubn ur Enwonmental Qwllty (TCEQ) Klmtey-Horn assessed the peak flaws in the water system usrlg tIe exIsting water system mcM provided by the CIty as part Of the Legends Ran:h water Strldy m May 2019 Khnby-Ham used the lolamag assumphurs fB water demands per Ihe current rtx>del, IndUstry rtandads. and the City of Denton Wbter and Wastew Her Olena Manual dated July 2024 B • 8 3.2 people Br sin91elamity gnR 3,300 units FI tIe singlefanily development 160ganom per capIta per day in average water demand 2 D anng© day to maximum day water demand peaking factor 1 5 mndmum day to peak tx:ur water demand peakIng factor al S8qctuaty Ha:F &'a IllS . Reuse:I tIna bef 2024 rd ;rD,e= \am: p A:30 t30' City oflkntwl Utility Savil= ABrwmat Page 22 of 30 01 &443.0{H101\+863-9339-5 199.vI I USIng the Move assumptIons, Kimley Han uterIHed the lolbwing Sanctuary Development 3.300 1 ,278 2.556 3.834 Baker Tract (By Others)I 607 216 432 198 Legends Ranch Ph 6 IBy Others) 173 66 132 Total 4,080 1.560 3.120 4.680 Addi!©rulty. Klmley-Horn analyzed the maximum numtnr ol wnnecll wls of the proposed 30 transmIssIon main During thiS 8natyas Klmley+Iom determIned the prqn9ed :3Cy transm6slan main can accomrnodate an additional 660 single famly equIvalent (SFE) connectIons Catcub ted demands are show h Table 2 below Table 2 - Water System Ultimate Demands 4.740 1.722 3.444 5.166 Sa"£?ua'l Jb =.:’ if 3}S’S . RepSU 1 b : + erSer 2021 /H B:cle= lqUn IIV 36E3DlIG' City oflhnton Utility SeNia Agnemeat Page 3 of 30 01 &+43.0€X>001 \4863-9339.5 199.vI I WATER AN Al. YB.16 Based on the ana+ysn the Sanctuary Devek}pment ultimately WIll requIre the folklwlng lmprovemeNs to the existing water sydem e One {1)30qnch water In• fran Northwest EST to the Sanctuary Development • One (1) 1&inch water line through Ihe Sanctuary Ckvebpnent Klrriey.Horn assessed two dlffeerrt scenaros Peak Hour and Maximum Day + Fxe Flaw The mad reCeIved from the CIty lnduded 2018_MAX_DAY_EPS and 2018_MD_FIREFLOW 9cenwos Dlurrrat patterns were appIIed tO HI durand nodes in the ex13trrU nxxbls The exIstIng water model has Ihree bull- in diurnal curves TIle 2018_DIURNAL_CEMTRAL sas ullaed la thIS Fvalns€d devebpmenl This development IS ultimately prapased ta rue#e water frun the NcxthwBsl Presswe Plan DurIng wralygs. It was BSSumed Ihat the Nonltweg Booster PUBP Slabon and Nartlnest 36- waH Transrn6stm mah are adm and n.service. Both pnject5 are curradly unaI constnrdon WIth an anthpated campletnn af SwIng 2024 Additk3rnlty. it was assumed that no fmshed floor elwakin would be above 760 ft if any homes or buildings are oonstwct8d atx>ve the 760 R ebvaton then a 24+ICh wa+ IIne Brough the Sanctuary Development WIll be requIred PEAK HOUR ANALYSIS For Itn Peak Hour sceruno. KknleFHorn ukled Ihe projecled Peak Hour demand to the prupsed nMs as desonbed abclwe Klmley.Horn then ran the Malinim Day Extended Phase SImulation (EPS) The peakIng Induced in the Maxbnum Day EPS mMI run SImulates the Peak Hour event Kmby+lara compared model lesuRs both before and after the development TCEQ requIres that a lnnlmum pressure of 35 psi be rmintained in the water system dunn peak fbw events Cornpanng the tnlue and after ultimate Peak Hour resuRs. there are no new addRtonal nQas that drop bekw 35 pd. In the ullmate dernarxl condItIons lot the proposed development. the low st pressure b 39 psi. which exceeds the regt#ed 35 pSI MAxi'Muta DAY + FIRE FLOW ANAI.'£lig The existing nxxiel incltxles a 2018_MD_FIREFLOW snnxn that cdcuUes 8vdlable fire flow at v&ms males throwhout the CIty'S wal© system. ThIS would roughly SImulate a MaHmtIn Day + FIre Flaw AnaV31s Kirnley-Horn aided the baseline demarxls oI the proposed ckvelolnterrt irl ncxles to IIn nx)del and added these nodes to the fIre flow bst to uk:olde ani18ble fire flow TCEQ requires that a rrwlbnum pressuo of 20 psi bem&ltalned in the water system during fire flaw wents. ABel development cbmands are ackled. no ackttk>rU nodes fall teRm the rMred tre flaw threshold. In the ultimate demand condRion s for the proposed development. the lowest pr%sure will voaeed 23 pg while rneethg fire new dernand$ These pressurn meet the minlrnum TCEQ cdtun Sant'Ja-y' !TaB Ana'pS . RevIsed t\ - . c',.:.:' 2024 b:r P'c,eg '.'"':£" :5a30:4c' Cit) oflknton Utility SerHa Apt€maa PBC 2+ of 3001 w3.(mot)1\4863-9339.5199.\ I I ={) [\j(=LUSIONS Per our anatysl& the proposed infrastructure satISfies the Peak Hour and the Max Day + FIre Flow $ceruno$ for IIte proposed devek#>men! The findhgs cX this water capacity analysis are Bummarued bl Table 3 below Peak Hour 39 23 gl 88MaxImum Day + FIre Flow As dernonstrated in the fIndIngs above. the Dental water system and Northwest Pressure Plane can accommalate the proposed Sanctuary development wah the followIng nfastructure rnpnvernent$ • CIty of Denton Nonhw8st Booster Punp StatIon constwctm complete City of Denton Northwest 36.inch water Itte constructbn cornplete Proposed 3Chnch water main from Northwest EST to Sanctuary Dwebpmen! construaed Proposed 16inch water main thrwghout Sancluary Develqxnent constructed No fInished fk>u elevalbn withIn the Sancluaty Devek>Went is greater than 760 ft Sa,ctual via+' 1-3 ,s : . Revls€3 FJo/€rntef 202•t KH are lee hurnbe 069301401 City oftknton UNity Service Agncnnnt P+e 25 of 3001 &143.0CIXX) 1 \1863-9339-5 1 99. t I I qI nrl6B'.13 : ' + r ! + ++ e i ; City of IX:nim Utility Sewioe A8rwwnt Page 26 of 30 018443.000CX)lb+863.9339-51 99.vI I EMEn31T “C” ESTn£ATED COST OF coNSFRuaioN Exhibit C - Estimated Cost of Constn:elton Klrntey+torn and ASsodae& M apINon d ?rrRutbh CanS&86896 Cost +' 'n/) ; 3rDPWaHQrlbfHB City oflkaton Utility Swvb Agnl Page 27 of 30 01 &U3.CXX100 IV1863-9339-5199.vI 1 EXHIBIT HDD FORM OF EASEMENT NOTICE OF coNITDBNrLALrw RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRHaE ANY OR ALL OF THE FOLLOWDVG nVFORMATioN FROM ANY nvsTRUBnENr THAT TRANSFERS AN UVIEREST DV REAL PROPERTY BEFORE n IS nEED FOR RECORD uv THE PUBLIC RECORDS: rYOUR SOCIAL SECURIW NUMBER OR YOUR DRIVER’S LICENSE NUBmEn] WATER BASEMENT THE STATE OF TEXAS COUNTY OF DENTON § 9 § IWOW ALL MEN BY THESE PRESMvrs: THAT . , (Graator) whose mailing address is , in consideration of the sum of ONE DOLLAR and NO CEIW ($1.00) and other good and valuable consideration in hand paid by SANCrUARY MUNICEPAL UrEITY DISTRICT NO. 1 OF DEvroN COUNTY (Grantee), the receipt of which is hereby acknowledged, does by these pnsmts grant, bargain sell and convey unto Grantee the 6ee and lminterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Gtantor and situated in Dalton County, Texas, in the Abstract No. PROPERTY AREA DESCRFBED nv E}aBHBrr “A” AND ILLUSTRATED nv E)aODBIT “B” ALL ATTACHED HERETO AND MADE A PART HEREOF And it is fiuthn agreed that Grantee, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and oth© obstructions as may now & found upon Mid property. City oflhrRon Utility Seniu Agrwr>eIIt P8ge28of30 018443.(X>CXX)IU863.933$5199.vI 1 For the purpose of constructing, nconstnrcting, installing, repairing, and perpearally maintaining water facilities and related apputenanca in, along, upon and across said premises, with the right and privilege at all times of the Grantee herein, his or its agents, employees, wo amar and npnsentatives having ingress, egnss, and regress in, along, upon and across Mid premises for the purpose of making additions to, improvements oa and repairs to the said water facilities or any part thereof. This instrument shall be binding on, and hun to the benefit of, Grantee and Grantor and their respective successors and assigns. Grantee may assign this easement to any entity maintaining any portion of the said water facilities, including the City of Denton, Texas, without the consent ofGrantor, so long as doing so dow not interfere with Grantor’s rights hereunder. TO HAVE AND TO HOLD unto the said Grantee as aforesaid for the purposes aforesaid the premises above described. Witness its hand, this day of , 20 . By: By:. Print Name: Print Title: City of£haton Utility SwiaA8nearaR Pw 29 of 3001 &t43.0CX3CX}lU863.933$5199.vI I ACnNOWLEDGMWr THE STATE OF COUNIY OF § -$ Before me, the undasigned authority, on this day personally appeared d , a Twas liadted liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein state and as the act and deed of said Given under my hand and seal of once on this day of .20 . Notary Public, in and for the State of My Commission Expires:. Accepted this day of (Resolution No. 91-073). J 20 for the City of Denton, Texas BY: AFTER RECORDING RETURN TO:, lkvelopment Services - Real Estate Division 401 N. Elm SBeet lknton, Tata 76201 Aaantion: Mark Laird City of nana Utility Senin Agrearrea Pw 30 of 30 Ol&+43.00000IU863-9339.5199.v 1 1