Sagebrook Roadway Development Agreement Denton County
Juli Luke
County Clerk
Instrument Number: 211991
ERecordings-RP
AGREEMENT
Recorded On: November 18, 2021 02:29 PM Number of Pages: 40
" Examined and Charged as Follows: "
Total Recording: $182.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 211991 Simplifile
Receipt Number:
Recorded Date/Time: November 18, 2021 02:29 PM
User: Lisa V
Station: Station 38
STATE OF TEXAS
G�UNTJ COUNTY OF DENTON
E j I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
G Juli Luke
846 County Clerk
Denton County, TX
STATE OF TEXAS §
COUNTY OF DENTON §
ROADWAY DEVELOPMENT AGREEMENT
This Roadway Development Agreement(this "Agreement") is entered into by Sagebrook
Dentom LP, acting by and through its duly authorized officers, with a principle place of business
located at 218 West Wall Street, Grapevine, Texas 76051 ("Developer"), and Ci1y of Denton a
home-rule city and a political subdivision of the State of Texas, acting by and through its duly
authorized officers (the"City;"Developer and City herein referred to individually as "Party" and
collectively as the"Parties"); is effective July 21, 2021 (the,"Effective Date").
WITN ESSETH:
WHEREAS, Developer owns approximately 143.133 acres of land in the Sagebrook
development as more particularly described on Exhibit A attached hereto("the Subject Property");
and;
WHEREAS, the Developer plans to develop the Subject Property for the purpose of
constructing single family residences; and
WHEREAS, the City approved the preliminary plat PP20-0019 ("Preliminary Plat") for
the Subject Property, a portion of which is shown in Exhibit B,which contains approximately 490
lots to be developed in 4 phases (the"Development"); and
WHEREAS, the City approved the final plat FP20-0028a for the first phase of the
Development ("Final Plat"); and
WHEREAS,the Denton Development Code("DDC")provides that building pen-nits may
not be issued or approved as completed until all requirements of the DDC have been satisfied; and
WHEREAS,it is the desire of the Parties to enter into this Agreement to provide the terms
and conditions associated with the dedication, construction, and payment of certain roadway
infrastructure generally described as the Brush Creek Road right-of-way dedication, Alfred Road
right-of-way dedication and improvements, and Ronnie Brae Street improvements (collectively,
the "Public Dedication and Improvements"), as further described in this Agreement, which,
among other things, are necessitated by and will serve the Development; and
WHEREAS, this Agreement is entered into pursuant to Subchapter C of Chapter 212 of
the Texas Local Government Code as a condition of development of the Subject Property, with
the exception that Section 212.073 is hereby amended to read "the developer must [provide] in
lieu of"the developer must execute" a performance bond; and
WHEREAS, the Parties desire to formulate this Agreement as a recorded covenant
running with the land, to ensure that Developer and its successors and assigns of the Subject
Property carry out Developer's obligations in accordance with this Agreement,however at no time
shall a homebuilder, or an end-buyer of a lot in the Final Plat be subject to this Agreement;
NOW THEREFORE, in consideration of the premises and the mutual covenants and
obligations herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
SECTION L DEVELOPMENT PLAN
Development of the Subject Property shall be in substantial conformance with the Preliminary
Plat, the Final Plat, and other final plat(s) for the remaining phases of the Development except as
may be revised as required to comply with the terms of this Agreement. To the extent of a conflict
between the preliminary plat, the Final Plat, the requirements of the Denton Development Code,
and this Agreement, this Agreement shall control.
SECTION 2® ROADWAY DEDICATION AND IMPROVEMENTS
The Subject Property has adjacent frontage on Brush Creek Road, Allred Road, and Bonnie Brae
Street, as depicted on Exhibit B. Developer shall provide the following roadway dedications and
improvements:
A. Allred Road
1. Developer shall dedicate to the City a 20-80 foot-wide right-of-way for Allred road as
depicted on Exhibit B and the Preliminary Plat. The portion of Allred Road right-of-way
from Bonnie Brae to the entry point for the first phase of the Development ("Oak Leaf
Trail" as shown on the Final Plat) shall be dedicated by special warranty deed in the form
attached hereto as Exhibit C and incorporated herein by reference, concurrent with the
recordation of the phase one Final Plat. Other than the portion of the right-of-way
dedicated for the first phase of the Development, the remaining dedication of the Allred
Road right-of-way shall occur upon the earlier to occur of(a)a final plat is filed for a phase
of Development adjacent to the right-of-way on a phase-by-phase basis,(b)within 90 days
of the City's request for the dedication if the City shows proof of funding for the
construction of the City of Denton Southwest Park, capital projects, or other projects to be
located within the right-of-way, or (c) prior to Developer's conveyance of ownership of
any portion of the Allred Road right-of-way as depicted on Exhibit B.
2. Developer shall construct 2 lanes of Allred Road along its frontage from Bonnie Brae to
its western boundary at its sole expense on a phase-by-phase basis.
i. The construction from Bonnie Brae to the entry point for the first phase of
the Development ("Oak Leaf Trail" as shown on the Final Plat) shall be
completed prior to the occupancy of the first home by an end-buyer of a lot
in the Final PIat. The roadway improvements shall be installed at a location
within the right-of-way dedicated in accordance with Section 2.A.1 of this
Agreement and as approved by the City.
3. The Developer's construction of Allred Road shall comply with the City standard
specifications for a commercial collector street section as depicted in Exhibit D except as
provided in this Agreement. The Developer shall construct a 25' wide portion of the
roadway section, including a Icft turn lane from Allred Road into the entry point for the
first phase of the Development ("Oak Leaf Trail" as shown on the Final Plat), and
including curb and gutter on both sides of the roadway and other drainage improvements
within the right-of-way. The Developer shall install an 8' wide sidewalk along the south
side of Allred Road, but is not required to construct or contribute to the cost of a sidewalk
on the north side of Allred Road. Upon completion and acceptance by the City, the
improvements shall belong to the City as public property.
4. Developer shall provide a traffic impact analysis related to primary access to the
Development being from AIlred Road and no access to Brush Creek Road being available
to the Development, and, if warranted by the analysis, construct deceleration and
acceleration lanes to the Allred Road access point to the Development.
5. Developer shall construct an access drive to the City of Denton Southwest Park from
AIlred Road in a location as shown on the master plan to be provided by the City of Denton
Parks and Recreation Department. The City agrees to provide the Developer a location for
the installation no later than September 1, 2021, and further agrees that the access drive
being installed by the Developer shall not extend beyond the limits of the existing ROW
and shall be built in accordance with the parameters as depicted in Exhibit E attached
hereto and incorporated herein by reference. Construction of the access drive shall occur
prior to the occupancy of the first home by an end-buyer of a lot in the Final Plat.
6. Prior to commencement of construction of Allred Road, Developer shall execute a three-
party contract("Development Contract") in substantial conformance with the terms of the
Development Contract attached as Exhibit F with the City and Developer's contractor that
constructs Allred Road pursuant to the terms of this Agreement. The City acknowledges
that time is of the essence and agrees to work diligently with Developer execute the three-
party contract for construction of Allred Road concurrently with the three-party contract
for Civil Engineering Plans CEP 20-0074.
B. Brush Creek Road
1. Developer shall dedicate to the City 120' of right-of-way width for Brush Creek Road as
depicted on Exhibit B as shown on the Preliminary Plat. Other than the portion of the
right-of-way dedicated with the Final Plat, the remaining dedication of the right-of-way
shall occur upon the earlier to occur of(a) a final plat is filed for a phase of Development
adjacent to the right-of-way on a phase-by-phase basis, (b) within 90 days of the City's
request for the dedication if the City shows proof of funding for the construction of the
Brush Creek Road or other capital projects to be located within the right-of-way, or (e)
prior to Developer's conveyance of ownership of any portion of the Brush Creek Road
right-of-way as depicted on Exhibit B .Developer acknowledges and agrees that the City's
construction of the improvements on Brush Creek Road is dependent upon the availability
of funding and prioritization of capital improvement projects, and that City provides no
assurances on the timing of installation of improvements within the Brush Creek Road
right-of way.
C. Bonnie Brae Street
I. Developer shall construct an interim secondary access drive to the first phase of the
Development from Bonnie Brae Street at its sole expense. Developer's construction of
the interim secondary access drive shall comply with the residential street specifications—
Detail T105C — (28' b-b residential street section) as approved by the City in Civil
Engineering Plans CEP21-0030. The construction shall be completed prior to the
occupancy of the thirtieth(30`h)home by an end-buyer of a lot in the Final Plat.
The interim secondary access drive shall be maintained by Developer until access to the
Development is available from Brush Creek Road. Developer acknowledges and agrees
that the City provides no assurances on the timing of access to Brush Creek Road from the
Development. The interim secondary access drive shall be closed and removed by
Developer when access to the Development is available from Brush Creek Road. The City
may close and remove the portion of Bonnie Brae Street south of Allred Road after access
to the Development is available from Brush Creek Road, The Developer shall have the
ability to relocate and install the interim secondary access drive to the very west end of the
Development in compliance with the residential street specifications — Detail T105C to
provide a secondary point of access to Allred in lieu of the interim secondary access on
Bonnie Brae. Developer shall also require the homeowner's association to include the
obligation to close and remove the interim secondary access drive in its covenants,
conditions, and restrictions, and require that the homeowner's association make adequate
assessments for the removal of the interim secondary access drive if the Developer fails to
close and remove the access drive in accordance with this Agreement.
SECTION 3. SUBJECT PROPERTY A AY IMPACT FEE ASSESSMENT AND
CREDITS
A. Roadway Impact Fees
1. The Roadway Impact Fee assessment for the Subject Property is $980,000, which is an
assessment of Four Hundred and Ninety (490) development units,with a collection rate of
$2,000,00 per development unit for the single-family detached land use.
2. The City shall grant a Roadway Impact Fee Credit for dedication of Brush Creek Road
right-of-way in an amount equal to $417,600.00 ("Total Roadway Impact Fee Credits")
after the roadway dedications required by this Agreement are provided to the City. Such
credits are assignable, at the Developer's discretion, in whole or in part,to all future home
builders on the Subject Property, so long as the total credits do not exceed the Total
Roadway Impact Fee Credits for the Subject Property.
SECTION 4. CITY PARTICIPATION
City shall not require Developer to participate in the cost of the other roadway improvements that
may serve the Subject Property that are not specifically provided in this Agreement,
The Parties agree that the Developer's portion of the dedications, improvements, the payment of
fees,and the payment of construction costs required by this Agreement do not exceed the amount
required for infrastructure improvements that are roughly proportionate to the Development.
SECTION 5. TERM
The term of this Agreement shall begin on the Effective Date, and end upon the complete
performance by Developer of all its obligations required by this Agreement, Upon execution, this
Agreement shall be recorded in the Denton County Real Property Records as covenants running
with the land, burdening certain purchasers of the Subject Property or any part thereof, , until all
obligations of the Developer are satisfied in full, however at no time shall a homebuilder, or an
end-buyer of a lot in the Final Plat be subject to this Agreement.
SECTION 6. INDEMNITY; RELEASE; WAIVERS OF ACTION
THE DEVELOPER, ITS, SUCCESSORS, ASSIGNS OR OTHER PARTY UNDER ITS
CONTROL (COLLECTIVELY9 THE "DEVELOPER PARTIES"), SHALL INDEMNIFY AND
HOLD HARMLESS THE CITY9 MEMBERS OF THE CITY COUNCIL, AND ITS OFFICERS,
EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONSULTANTS (EACH PERSON
DESCRIBED HEREIN CALLED AN "INDEMNIFIED PARTY" AND COLLECTIVELY, THE
"INDENINMED PARTIES") AGAINST ANY AND ALL INDEMNIFIED LIABILITIES AS
DEFINED HEREIN. IF AN INDEMNIFIED PARTY INCURS ANY INDEMNIFIED
LIABILITIES, THE DEVELOPER SHALL FULLY REIMBURSE SUCH INDEMNIFIED
PARTY FOR ALL SUCH INDEMNIFIED LIABILITIES INCURRED. TO THE EXTENT
APPLICABLE9 THE DEVELOPER SHALL BE SUBROGATED TO ANY CLAIMS OR RIGHTS
OF THE INDEMNIFIED PARTIES AGAINST ANY OTHER PERSON (BUT NOT AN
INDEMNIFFIED PARTY) WITH RESPECT TO INDEMNIFIED LIABILITIES PAID BY Tim
DEVELOPER.
FOR PURPOSES OF THIS SECTION 4, "INDEMNIFIED LIABILITIES" IS DEFINED TO
INCLUDE ALL LOSSES INCURRED BY ANY OFT E INDEMNIFIED PARTIES THAT ARE
RELATED TO, ARISE OUT OF, OR ARE ASSOCIATED WITH: (1) ANY BREACH OF OR
INACCURACY IN ANY REPRESENTATIONWARRANTY MADE BY THE DEVELOPER"
(2) ANY BREACH OR NONPERFORMANCE9 PARTIAL OR TOTAL, BY DEVELOPER
DEVELOPER TIES, OF ANY COVENANT OR AGREEMENT OFT E DEVELOPER
CONTAINED HE (3) ANY CONDITION CREATED ABOUT THE U CT
PROPERTY OR THE PROPERTY N WHICH WORK CONTEMPLATED Y THIS
AGREEMENT IS PERFORMED; AND ( )ANY ACCIDENT,INJURY(INCLUDING DEATH),
OR PROPERTY DAMAGE WHATSOEVER OCCURRING IN,AT, OR UPON THE SUBJECT
PROPERTY OR THE PROPERTY UPON WHICH WORKCONTEMPLATED BY THIS
AGREEMENT IS PERFORMED. HOWEVER, THAT DEVELOPER SHALL HAVE NO
OBLIGATION UNDER THIS PARAGRAPH TO THE CITY WITHRESPECT TO ANY
OF THE FOREGOING ARISING U E THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE CITY OR THE BREACH BY THE CITY OF THIS
AGREEMENT
THE DEVELOPER PARTIES RELEASE AND DISCHARGE THE INDEMNIFIED PARTIES FROM
ANY AND ALL CLAIMS, DEMANDS, CONTROVERSIES, AND CAUSES OF ACTION FOR
BREACH OF CONTRACT, TAILINGS, EXACTIONS, CIVIL RIGHTS (INCLUDING UNDER THE
UNITED STATES AND TEXAS CONSTITUTIONS AND 42 U.S.C. § 1983)NEGLIGENCE,
CLAIMS UNDER TEXAS LOCAL GOVERNMENT CODE CHAPTER 395, CLAIMS UNDER
THE PRIVATE REAL PROPERTY MGHTS PRESERVATION ACT, TEXAS GOVERNMENT
CODE CHAPTER 2007, AND CLAIMS UNDER TEXAS LOCAL GOVERNMENT CODE
CHAPTER 212 THAT RELATE TO THIS AGREEMENT AND THAT OCCURRED PRIOR TO
THE DATE OF EXECUTION OF THIS AGREEMENT, ANY PRIOR OR PRESENT CLAIMS
AGAINST THE INDEMNIFIED PARTIES WHICH ARE NOT SPECIFICALLY RELEASED ABOVE
ARE HEREBY ASSIGNED BY THE DEVELOPER IN FULL TO THE CITY.
SECTION 7. TERMINATION AND REMEDIES
This Agreement may be terminated upon the written agreement of the Parties.
If a default by the Developer shall occur and continue, after thirty (30) days written notice to cure
default, City may, at its sole option, terminate this Agreement in accordance with Texas law,
without the necessity of further notice to or demand upon the Developer.
If a default by the City shall occur and continue,after thirty(30)days written notice to cure default
Developer may,at its sole option,terminate this Agreement in accordance with Texas law,without
the necessity of further notice to or demand upon the City. Upon termination of this Agreement
resulting from a City default,the Development may continue consistent with the Preliminary Plat
as if no such default had occurred.
All warranty and indemnification obligations herein shall survive any termination or assignment
unless the Party warranting,or indemnifying,is released by the other Party.Nothing in this Section
shall be construed to waive any sovereign, governmental immunity available to City, or its
council, employees, and/or agents, under Texas law. Nothing in this Section, nor the election of
the City to not exercise a right or seek a remedy at a particular time, shall be construed as a waiver
or release of any right,remedy, or cause of action that is available to the City under or as a result
of this Agreement, in equity or at law.
SECTIONS. GOVERNMENTAL POWERS; WAIVERS OF IMMUNITY
By its execution of this Agreement,the City does not waive or surrender any of its governmental
powers, immunities, or rights except as follows;
(a) Denton waives its governmental immunity from suit and immunity from liability
as to any action brought by Developer to pursue the remedies available under this
Agreement, but only to the extent necessary to pursue such remedies. Nothing in this
section shall waive any claims, defenses or immunities that the City has with respect to
suits against the City by persons or entities other than the Developer.
(b) Nothing in this Agreement is intended to delegate or impair the performance by
the City of its governmental functions.
SECTION 9. VENUE AND GOVERNING LA
This Agreement and all transactions contemplated herein shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas. This Agreement is
performable in Denton County,Texas,and venue of any action arising out of this Agreement shall
be exclusively in Denton County, Texas.
SECTION 10. RELEASE OF IMPROVED LOTS
Notwithstanding anything to the contrary contained herein, the obligations herein which burden
the Subject Property shall be released automatically as to each lot therein which is conveyed to
an end-user subsequent to the construction of a house upon such lot. Any third party, including
without limitation any title company, grantee or lienholder, shall be entitled to rely on this
provision to establish whether such termination has Occurred with respect to any lot.
SECTION 1 . NOTICES
Any notice to the other Party required by this Agreement shall be deemed to be properly served if
deposited in the U.S. flail by certified letter, return receipt requested, addressed to the recipient
at the recipient's address shown below, subject to the right of either Party to designate a different
address by notice given in the mariner just described.
If intended for City, to:
City of Denton
Attn- City Manager
215 East McKinney
Denton, Texas 76201
With a copy to:
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Attention: City Attorney
If intended for Developer, to:
Sagebrook Denton, LP
Attn: Rob Betancur
218 West Wall Street
Grapevine, Texas 76051
With a copy to:
Shupe Ventura, PLLC
Attn: Misty Ventura
9406 Biscayne Blvd
Dallas, TX 75218
SECTION 12. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
SECTION 13. COUNTERPARTS
This Agreement may be executed in any number of identical counterparts, each of which when
executed shall be deemed an original and constitute one and the same instrument.
SECTION 14. CAPTIONS; CONSTRUCTION
The captions to the various clauses of this Agreement are for convenience only and shall not alter,
enlarge, or limit the scope, meaning, or substance of the terms and conditions of this Agreement.
Both Parties have participated in the negotiation and preparation of this Agreement and this
Agreement shall not be construed either more or less strongly against or for either Party.
SECTION 15. SUCCESSORS AND ASSIGNS
This Agreement may be assigned by the Developer without the City's written consent. The terms
and conditions of this Agreement are binding upon the successors and assigns of the Parties to this
Agreement and stand as obligations running with the land until satisfied in full, as long as the
Subject Property is developed as the Development, and consistent with the Preliminary Plat.
SECTION 16. RELATIONSHIP OF THE PARTIES; NO THIRD-PARTY
BENEFICIARIES
Nothing contained in this Agreement shall be deemed or construed by the Parties or by any
third party to create the relationship of principal and agent or of partnership or of joint
venture or of any association whatsoever between the Parties, it being expressly understood
and agreed that no provision contained in this Agreement nor any act or acts of the Parties shall
be deemed to create any relationship between the P artier other than the relationship of
independent parties contracting with each other solely for the purpose of effecting the provisions
of this Agreement. There are no third-party beneficiaries to this Agreement and no third-party
beneficiaries are intended by implication or otherwise.
SECTION 17. ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or
written previous and contemporary agreements between the Parties relating to matters contained
in this Agreement and, except as otherwise provided in this Agreement, cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement. This
Agreement cannot be changed or terminated orally and no written modification of this Agreement
shall be effective unless executed by both Parties. The scope of this Agreement is limited to the
specific obligations of the Developer and the City set forth in this Agreement,
The Parties stipulate that this Agreement does not constitute a permit for development under
Chapter 245 of the Texas Local Government Code.
SECTION 18. EXHIBITS
All exhibits attached to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
SECTION 19. AUTHORITY AND REPRESENTATIONS
The City represents and warrants that this Agreement has been approved by ordinance duly
adopted by the City of Denton City Council in accordance with all applicable public meeting
and public notice requirements (including, but not limited to, notices required by the Texas
Open Meetings Act) and that the individual executing this Agreement on behalf of the City has
been authorized to do so. The Developer represents and warrants that this Agreement has been
approved by appropriate action of the Developer and that the individual executing this Agreement
on behalf of the Developer has been authorized to do so. The Developer represents and warrants
that there are no lenders or entities with a security interest,real property interest or a recorded lien
on the portion of the Subject Property to be dedicated to the City.
EXECUTED this ' day of July 2021, by the City, signing by and through its City
Manager, and by the Developer, acting through its duly authorized officers.
{Signatures provided on following page)
CITY OF DENTON
Sara Hensley
Interim City Manager
BY:
ATTEST:
Rosa Rios, City Secretary
®® O F DENT ®®®
,� ® ,®•2 tee® By:
®G® 4 r
$ w THIS AGREEMENT HAS BEEN
s BOTH REVIEWED AND APPROVED
r'., ®®'•••..•,„..•®®••�.�``® as to financial and operational
®®®®!r+'�„®®to°®® obligations and-12.usiness terms.
1�).7fi�
Si a re
Tale
� aCnDepartment
Date Signed:C�7 A —a\—
APPROV D AS TO LEGAL FORM:
Cather' e Cli e im ity Attorney
By:
DEVELOPER:
Sagebrook Denton, LP
By: SBD General LLC, its General Partner
By. ,z
R etancur
Title: V' President
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ®rya- day of 4 2021 by Sara Hensley,
being Interim City Manager of the City of Denton, a Texas home-rule municipal corporation, on
behalf of said municipality.
TRACY R.HOLT
•= My Notary ID#133164724 Name
Fxplres dune 21,2025 Notary Public, State bf Texas
dF..
My Commissjon expires:
STATE OF TEXAS §
COUNTY OF D ON §
was executed before me on the da r of
T e foregoin Development Agreement 5
2021 by Robert J. Betancur, the Vice President of SBD General LLC,
Gener Partner of Sagebrook Denton,LP, a Texas limited partnership, in his capacity therein.
a HoPPER Name: a.
Notary IDt23922031 Not u lic,pState of T x smy carnmission Expires
February 28, 2025My Commn expires:
EXHIBIT A
Legal Description of the Subject Property
Legal Descrfpflon
143137 Acres
MNG d that cariain tat,tract or parcel of land situ®ted h lha 8.8.8.&C.R.R Conpory Saway,Abstract No.160,Dorton County,Texcs,and faelpg part of 0 called 147,58 aced track of land
descriloo Mt dais to Shoran MCCOWlin,sole Trustee of the Tomato McCutdlin Saxt Exempt Trust and the McCutWn Non fxem®1 Trust,as rmcrde l In Document Nos.2009—Vj5U ong 2013,-9779
of the OffcV Records.Denton County,Taros and Wrig meta porticuiariy descry as Moms;
IBEURNING at a 1/2'r4bor found with cap stamped IN&P"of the nor meal corner at said t47,58 aeros,some being in Ira ovt Inns of a rallied 34,937 cero tract of;and closerbod ln 4eW la
>roc gate guar and tMM°had John Barb«fecmded in Document No.1999-5d95d,0fflcld Retards,Denton Coonly,Texas from which c 1/2 Imb rebI found at the northoost cornice'thereof pcom
N 0011'20'W,a distance of 19.91 feet;
THENCE N 6919'20'E.a distance 0f 3556.53 feel to 0 1/2"rebar with cap stomp td'M kP'found:i the east Ina of a called 0.317 acre tract of land desmbed in dead to the City of Denton.
recorded VI Document No.M-149034,01fic€o1 Records,Denton County, Texas
;HENCE 5 DIV'&E,with the cost fine of ao'd 0,317 acre bowl a dbt>mae of 34.99 feet to a 1/2°rxda found vfth cop stwnged Wlorce;
THENCE S 0574'10'E,canti°c;'e?:r with the wf t Has of sold 0.317 aae tract a distance of I73.20 feel to a 1/2"rebor sat with tap starncad'McAdams;
THENCE 5 01U5'50'W.cmi'ew'eng with the weft relo of sold 9,317 acre tract o distance of 369.54 feet to a 1/2'recar frond;
THENCE sautheaelorly with a curve to the tell having a radius of 179.30 feel.a cenlrai angle of f3'34'95',on arc length of 42.46 fret and whose cintrd boars 5 0541'04'E a distance of 42.36
legit to a PK nod found V:the cost tine of the Texas&Pacific ro)rud.
THENCE S 2730'30'W.with the west flop of said loxes&Pacific rodroad a dlsiwr of 1415.80 feet to a sass tie fence coma post beng in the northeast cww of a wolfed 93.95 acre tract of
Turd desmbed 5s deed to Angela Dmn'arguez and Michael John BvW recorded a Ce.cimenl No,2004-138$,1lfficicl Records,Denton County,Texas;
THENCE 5 86'46'25'W.with the ncfth 1�re of sold 93.95 ove tract passing a 1/2`rebor found at a dfstence of 2WJJ5 Earl,being the northwest caner of said 93.95 acre trcet sores being the
ncalhwest Cornea of a coded 13.64 acre tract of scrd dascfd�rd deed to AnOO Domingutz and Michael Jahn Barba retarded in Document No.2003-2 0851 9,Offxiol Records,C--olon County,
Taxes and continuing a total list&.nce of 2910.96 took to o 1/2'rebor sat with tap slamPrd 9JcAdom c
THENCE N C011'20°W.a',vm.co of 59766 ftet;
THENCE N 89'38'30'E.a dstirce of 390.63 feet.
THENCE northwestorly with o curve to the eft haying a radius of 1062.00 ftbl,a c nlf,s angle of 41'03'47,on arc length of 761,12 feet,and those chord baste N 25°44'15°W.a C tonce of
744.93 feet;
THENCE Mflr%.ester.y with a curve to the r ghi r0a n4 a rocks of 688.00 ic�l,a central angle of 21'25'35°°ea art length of 257,28 fee!,and whaso chord bears N 15'55'03'W.a distance of
255,79 lent;
THENCE N MIT'&W a distonce of 424.24 feet is The POINT OF BEGINNING and canto:n,ng approxenotefy 143.137 acres of rn,d
EXHIBIT B
Preliminary Plat of the Subject Property
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EXHIBIT C
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IN T N
FROM.ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REALP E TY
BEFORE IT IS FIELD FOR RECORDIN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER YOUR VER' LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
§ KNOWN.ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
Sagbrook Denton LP
That By SBD Genera] LLC (herein called "Grantor"), for an in consideration of the sure of
TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in
hand paid by the CITY OF DENTON, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 W. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are
hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these
presents does GRANT, SELL, AND CONVEY, unto Grantee all the real property in Denton
County, Texas being particularly described in Exhibit"A" and depicted on Exhibit "B", attached
hereto and made a part hereof for all purposes, and being located in Denton County, Texas,
together with any and all rights or interests of Grantor in and to adjacent streets, alleys, and rights
of way and together with all and singular the improvements and fixtures thereon and all other
rights and appurtenances thereto (collectively,the "Property").
Grantor,subject to the limitation of such reservation made herein,reserves,for themselves,
their heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and
that may be produced from the Property. Grantor, their heirs, devisees, successors, and assigns
shall not have the right to use or access the surface of the Property, in any way, manner, or form,
in connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil,gas,and other minerals reserved herein,including without
limitation, use or access of the surface to the Property for the location of any well or drill sites,
well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic
activities,tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or
for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure
or improvement of any kind or type in connection with or related to the reserved oil, gas,and other
minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas, and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other
exploration and/or production method, operation, process, or procedure would consume, deplete,
or destroy the surface of the Property; and(ii) all substances which are at or near the surface of the
Property. The intent of the parties hereto is that the meaning of the term "other minerals" as
utilized herein shall be in accordance with that set forth in Reed v. Wylie, 597 S. .2d 743 (Tex.
1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet(500')below the surface of the earth and all areas above
the surface of the earth.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees, successors, and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and
Grantee's successors and assigns,against every person whomsoever lawfully claiming or to claim
the same or any part thereof, by through or under Grantor, but not otherwise.
EXECUTED this the Mpday of A202
GRANTOR:
SagebFenoBy: SBD General LLC, Its General Partner
[NABy:Rice PresEdent ENT
THE STATE OF TEXAS §
COUNTY OF5aN §
BEFORE ME, the undersigned,a Notary Public in and for the said County and State, on this day
personally appeared Robert Betancur,Vice President , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same in the
capacity and for the purpose and consideration therein expressed.
G EN UND MY HAND AND SEAL OF OFFICE, this the M!t'�day of
202
�"*v B HOPPER Notary Public, State of Texas
% :. B. Hopper
Notary IDt2397203t p�
My Commission Expires Printed Name of Notary
ar February 28, 2025
My commission expires:
2/28/2025
Upon Filing Return To: Property Tax Bills To:
The City of Denton-Real Estate City of Denton Finance Department
401 North Elm Street 215 E. McKinney Street
Denton,Texas 76201 Denton,Texas 76201
LEGAL DESCRIPTION—Sheet 1 of 2
EXHIBIT `A' —Brush Creek Road R.O.W.
BEING, a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 160, being part of a
143.133 acre tract, as described in Doc. No. 2020-155418 in the Deed Records of Denton
County, Texas, being more particularly described as follows:
BEGINNING, at a fence corner post found at the southeast corner of said 143.133 acre tract and
being in the west line of Texas & Pacific Railroad (100' R.O.W.);
THENCE, South 88°46'24" West, along the south line of said 143.133 acre tract, for a distance
of 502.10 feet, to a calculated point at the point of curvature of a curve to the right, having a
radius of 860.00 feet, a central angle of 27°05'14";
THENCE, departing said south line and with said curve to the right for an are distance of 406.57
feet(Chord Bearing North 76°57'47" West—402.80 feet), to a point of curvature of a curve to
the left, having a radius of 740.00 feet, a central angle of 26°34'50";
THENCE, along said curve to the left for an arc distance of 343.30 feet (Chord Bearing North
76°42'35" West 340.23 feet), to a point of tangency;
THENCE,North 90000100" West, for a distance of 50.91 feet, to a calculated point for corner;
THENCE, North 00°00'00" East, for a distance of 120.00 feet, to a calculated point for corner;
THENCE, South 90°00'00"East, for a distance of 287.97 feet, to a calculated point on a non-
tangent curve to the right, having a radius of 871.00 feet, a central angle of 10°15'00";
THENCE, along said curve to the right for an arc distance of 155.82 feet (Chord Bearing South
75°45'34" East— 155.61 feet), to a calculated point;
THENCE, South 63052'30" East, for a distance of 201.08 feet, to a calculated point on a curve to
the left, having a radius of 740.00 feet, a central angle of 20°41'24";
THENCE, along said curve to the left for an arc distance of 267.22 feet (Chord Bearing South
80°52'54" East 265.77 feet), to a calculate point at the point of tangency;
THENCE,North 88°46'25" East, for a distance of 556.99 feet, to a calculate point for corner in
the east line of said 143,133 acre tract and the west line of said Texas & Pacific Railroad:
THENCE, South 27°30'12" West, along said east and west lines, for a distance of 136.77 feet, to
the POINT OF BEGINNING and containing 3.750 acres of land.
0
SCALE: 1" 200'
143.133 ACRE TRACT
DQ.C. NO. 2020-155418
SAGEBROOK DENTON, L.P.
PROPOSED
SAGE BROOK
PHASE 1
p- '10°\151 OV
BLUESTEM BOULEVARD R= 8,71 00
L 1 .5. 2�
S90-00'0`0"E C 15 :61 '
B='S75°45'34"E
2
S63°52'30"E .00
R= 740 '
201A8' R=
N00°00'00"E L= 267.22'
120.00' C= 265.77'
B= S80°52'54"E °$
N90°00'00"W N86°46'25"E 556.99' 3
50.91' ^
p= 26°34'50"
R= 740.00'
p= 27°05' 14" S88°46'24"W 502.10' tip}
C= 340.23' R= 860.00'
B= N76°42'35"W L= 406.57'
C= 402.80' POIN7 OF BEGINNING
B= N76°57'47"W
NOTE:
Bearings are referenced to 143.133 acre tract,as described in
Doc.No.2020-155418,in the Deed Records of Denton County,
Texas. EXHIBIT 'A' — SHEET 2 OF 2
BRUSH CREEK ROAD R.O.W. — 3.750 AC.
IMTHFILSOI0031700
OR IN ENGINEERING,INC. SAGE BROOK PHASE 1
00 W.Belmont,Suite E Men,Texas 75013 (972) 396-1 000 CITY OF DENTON
DENTON COUNTY, TEXAS
LEGAL DESCRIPTION— Sheet I of 2
EXHIBIT `B' --Allred Road R.O.W.
BEING, a tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 160, being part of a
143.133 acre tract, as described in Doc. No. 2020-155418 in the Deed Records of Denton
County, Texas, being more particularly described as follows:
BEGINNING, at a 5/8 inch iron rod at the northeast corner of said 143.133 acre tract being in the
west line of Bonnie Brae Street(Variable R.O.W.);
THENCE, South 01°02'20" East, along the east line of said 143.133 acre tract and the west line
of said Bonnie Brae Street, for a distance of 20.00 feet, to a calculated point for corner;
THENCE, South 89°59'21" West, departing said east and west lines, for a distance of 2019.98
feet,to a calculated point for corner;
THENCE, North 00°00'39" West, for a distance of 20.00 feet, to a calculated point for corner in
the north line of said 143.133 acre tract;
THENCE,North 89°59'21" East, along the north line of said 143.133 acre tract, for a distance of
2019.62 feet, to the POINT OF BEGINNING containing 0.927 acres of land.
0
SCALE: Y' a 200'
a
m
w
z
z
POINT OF BEGINNING m
N00'00'39"W
20,00'
N89'59'21"E 2019.62' 5/8"IRF
S89'59'21"W 2019.98' S01'02'20'E
20.00'
eIRCH LANE
143.133 ACRE TRACT
143,133 ACRE TRACT DOC. NO. 2020-155418
DOC, NO. 2020-155418 SAGEBROOK DENTON, L.P,
SAGEBROOK DENTON'L.P.
PROPOSED..
SAGE BROOK
PHAS� 1,
NOTE:
Bearings are referenced to 143.133 acre tract as described in , ,
Doc.No.2020-155418,in the Deed Records of Denton County, EXHIBIT t3 SHEET 2 OF 2
Texas,
ALLRED ROAD R.O.W. — 0.92T AC.
® C®RWIN ENGINEERING,INC. SAGE BROOK PHASE i
200 W.Belmont,Suite E Allen,Texas 75013 C972 3396-1200 CITY OF DENTON
DENTON COUNTY. TEXAS
TSPLS910031700
EXHIBIT D
Standard Specification for Allred Road
w
2,° r4®Fa
FUTURE 80'ROW v®i
ULTIMATE 39'B- ' 20.5'
1
1®®9.51
ry�SLO�Pl-
8.01
--`2ry+i p�
2.0'
10" PAVEMENT DEPTH t.0`
12" SUS AVE DEPTH
COMMERCIAL ET COLLECTOR SECTION
Ta ',
PORTLAND OMNI OMMTE(F4W)P0 AiT SECTION
DEM VALU
Pa ENT SEC'RoN ARTERIAL MMLMAL RE EKTI ALL
CTOR MUCTOR RESIDENTIAL
NT mmom*my t9 IQ B 7 PAkETdT i14 Sp£S
STABIL1 OUTH(JN ) 12 12 B 9
MODROM STEEL BOTH®RAYS OrH
A)DEPTHS FRO WH..CITY RIEW'FLUIDIM DOW OF RECM IS RESPONM FOR Eh% C t19S HiN.DE l...TS
DE9C4 RMYREVENIS,FOR X SPECIFIC PMUT AW MAY BE U .RfD TO GE AI;V AL AUA6nS HC ON Lom
SOL AHD $AS KU AS# THAH C01CTED TRAFFIC AUKS k;D10R M,%VDL
PA RF' 1 4s'€C A4D T e'er os,rin,.seri BY IAC HA£L P.SA'TOA P.E.OF
LLC FOR°TaF,FY CIF UNTIM,DAZED#AY B,201a
GENER& N TS:
1)AJL REBAR TO BE WORS ON Rs.
2]APMVED aftO TO YK F1 AS SOON AS MOK MTR PLAMOT OF 0ONMTE.
3�AM ARE TO K SAYO AS=AS THE SETTINC OF U, CWMM vALL pUMy WrAWT SPAUDK OR MAR00 w SLAB.
d REFER 10 TAM E FOR STM MlYMM07.
S)STANDARD LYpED STREET PM S (22 A4 ACE)MAY VARY VKM CtYY RCS APPROvAL
b}Oman SmAa BE d!k'JH*'Ox P9
1)REFER TO THE OTT OF DEHTCNH S DRA94AIX CRITERIA MAinIAL FOR DRAINACE SFA°,DAROS FOR RDADwAy OLGn
D)A HAWNOF 25X FLY ASH MAY BE NED,
D)ALL DINDOX KOYVED ARE IAN
10)ALTERNATE D00A CIF STREET SEM MAY $y 814E CITY LPN SIXIMITTAL V SEAM K%X PLANS AND A BATTEN AT',On FOA TK X
V FOR APPROVAL BY T11€CITY
11)STANDARD PAWING ANG1 IS P PAMO BASS ARE flQWG'thEN PA. C IS NOT PARNIM ANOLE PAW4 SHALL HOT EXCEED W.
12)OEH PAHp`.VC SAS ARE MWM A k WUM UNMRIXTEO TRAVEL LANE WTH BE PR AND.UNUSS OTHER Rom FOR IK SIT Tym SIALL Be
4H ACOOnAMOE VATH THE CFA'A AIRS REUMANT OF TIC PDESIGN SECTION OF THE agMT TRH TA.TM DESM CRI... A MWAL APPRW4ATE AMTOK
T1CTr W REOVRED TO P4?ME 1T4E MINIMUM PAWW&Y BATH NMTED FOR THE SMET
13)TEE 0"IHfR SI D(TA iS FOR APPMVAffAl"RTENANCM
14) F LA.40 CORTOU'RS PEOVAf ALITANATE SLOPE DE ,ENWW OF FICM SHALL S tiT WORWO%IFFWT FOR REytr AW APP0VAL BY CITY
TO FWAL Mood 9) STAL ENCINO PRIM
15)PA T M %SHALL BE IN ACM&4M TATH K CITY OF 7O3N'S St7- A*tS U&S OD4 AND/OR DDS SWS,
16)ALL TE U BE HACYX APP"Vtt)BY CITY DMNM
17)ONE WAY WOUl SECTION VILL BE CONSISTENT NTH REWNTIAL SREET OTOR.'NDrO AND DEPTH Of PAVOOT$FALL BE N ACCORDANCE N sRmr
L1A59FtaiA CI'7 TIt1s�TAtL ].
EXHIBIT E
Southwest Park Access Apron
(location to be determined and provided by the City)
F
26
... 22'
�.
i
EXHIBIT F
Development Contract
PROJECT NO. _
CONTRACT TYPE
DEVELOPMENT CONTRACT
FOR
PUBLIC IMPROVEMENTS
WHEREAS, , (the "Developer"), whose
business address is , is the owner and developer of
real property located in the corporate limits of the City of Denton being described as
, (the"Development"), an addition to the City of Denton,Texas; and
WHEREAS,Developer wishes to enter into this agreement with the City of Denton,Texas(the
"City) to provide for the construction of certain public improvements generally described as the
, (the "Public Improvements"), as further described in
Exhibit A attached hereto and made a part hereof by reference, which, among other things, are
necessitated by and will serve the Development; and
WHEREAS, this agreement is entered into pursuant to Subchapter C of Chapter 212 of the
Texas Local Government Code as a condition of plat approval and the Public Improvements are roughly
proportional to the benefits received and burdens imposed by the Development; and
WHEREAS,this agreement is required to ensure that the Public Improvements are constructed
in accordance with the City's standard specifications for public works projects, applicable ordinances
and design criteria manuals ("Standard Specifications"), and the plans and specifications prepared by
Developer's engineer, ("Developer's Engineer") dated
which were approved by the City and are on file in the office of the City Engineer,
which may be amended with the written approval of the City Engineer or their designee (the "Project
Page 1 of 9
DEVELOPMENT CONTRACT
Specifications'), such Standard Specifications and Project Specifications being incorporated herein by
reference and herein called the"Plans and Specifications";and
WHEREAS,the Developer understands and agrees that it is responsible for and has retained at
its sole expense, the Developer's Engineer to design the Public Improvements in accordance with the
Standard Specifications,taking into consideration the specific site conditions that may impact the Public
Improvements; and
WHEREAS,the Developer shall provide for the construction of the Public Improvements by
and through , (the "Contractor"),
whose address is , a construction
contractor experienced in the construction of improvements similar to the Public Improvements, and
WHEREAS, Developer and Contractor recognize that the City has an interest in ensuring that
the Public Improvements, which will, upon completion and acceptance by the City, become public
property, are properly constructed in accordance with the Plans and Specifications and that payment by
Developer is provided therefor; NOW,THEREFORE,
The Developer, Contractor, and City (the "Parties") in consideration of their mutual promises
and covenants contained herein agree as follows:
1. Covenants of Developer and Contractor.
(a) Construction. Contractor shall construct the Public Improvements in
accordance with the Plans and Specifications and complete the Public
Improvements on or before Developer shall be
responsible for all monies due to the Contractor for construction of the Public
Improvements. In no event shall the City be responsible for payment of any of
the expenses or costs to construct the Public Improvements. The City Engineer
Page 2 of 9
DEVELOPMENT CONTRACT
in their discretion may require the Developer to provide security for payments
to the Contractor, which may be in the form of a cash deposit with the City, a
letter of credit, a dedicated construction account with a lending institution
approved by the City Engineer, or other security that the City Engineer in
their discretion deems adequate to ensure that the Developer does not default
in its payment obligations to the Contractor.
(b) Authority of City Engineer.Inspections.Tests_and Orders.Developer and
Contractor Warranty. All work on the Public Improvements shall be
performed in a good and workmanlike manner and to the satisfaction of the City
Engineer or their representative. The City Engineer shall decide all questions,
which arise as to the quality and acceptability of materials furnished, work
performed, and the interpretation of the Plans and Specifications and may reject
any work not performed in accordance with the Plans and Specifications. The
Contractor, its surety on the performance bond required herein and the
Developer, warrant that the Public Improvements will be free from defects in
materials and workmanship and that they will pay to remedy same for a period
of two years after the completion of the Public Improvements and final
acceptance by the City. This warranty shall not constitute a limitation on the
duty to remedy latent defects in construction that were not known at the time of
final acceptance or within said two year warranty period.
The Contractor shall furnish the City Engineer or their representative with every
reasonable facility for ascertaining whether or not the work performed was in
accordance with the Plans and Specifications applicable thereto.
Page 3 of 9
DEVELOPMENT CONTRACT
Any work done, or materials used without suitable inspection by the City may
be ordered removed and replaced at Contractor's expense.
The City Engineer or their designee shall perform periodic inspections of the
work and shall perform a final inspection prior to final acceptance by the City
and an inspection 30 days prior to the expiration of two years from the date of
final completion and acceptance of the work by the City. Upon failure of the
Contractor to allow for inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthorized or condemned
work or materials, or to follow any other request or order of the City Engineer
or their representative, the City Engineer shall notify the Developer of such
failure and may suspend inspections of such work until such failure is remedied.
If such failure is not remedied to the satisfaction of the City Engineer, the City
shall have no obligation under this agreement to approve or accept the Public
Improvements and the City may withhold, suspend or revoke any permits
or other approvals for the Development until such matter is remedied to the
satisfaction of the City Engineer.
(e) Insurance. Contractor shall provide for insurance in form and in substance
in accordance with the City's standard insurance requirements for public works
projects, which are on file in the Office of the City Engineer and which are
incorporated herein by reference.
(d) Means and Methods of Construction. The means and methods of
construction shall be such as Contractor may choose; subject, however, to the
City's right to reject the Public Improvements for which the means or method
Page 4 of 9
DEVELOPMENT CONTRACT
of construction does not, in the judgment of the City Engineer, assure that the
Public Improvements are constructed in accordance with Plans and
Specifications.
(e) Books and Records. All of the Developer's and the Contractor's books and
other records related to the construction of the Public Improvements shall be
available for inspection by the City.
(f) Performance Bonds. The Contractor shall execute a performance bond in the
full amount of the cost to construct the Public Improvements in favor of the City
ensuring completion of the Public Improvements in accordance with the Plans
and Specifications and warranting against defects in materials and workmanship
for a period of two years from the date of final acceptance by the City as
provided in 1(b)herein. The performance bond shall be executed by a corporate
surety authorized to do business in Texas in accordance with Chapter 2253 of
the Texas Government Code, shall be on the City's standard form, and shall
contain a local resident agent for service of process. The Developer may be a
co-obligee on the performance bond with regard to the Contractor's obligations.
(g) Payment Bonds. The Contractor shall execute a payment bond in the full
amount of the cost to construct the Improvements in favor of the City insuring
against claims from suppliers and subcontractors. The payment bond shall be
executed by a corporate surety authorized to do business in Texas in accordance
with Chapter 2253 of the Texas Government Code, shall be on the City's
standard form, and shall contain a local resident agent for service of process.
Owner and Developer may be co-obligees on the payment bond.
Page 5 of 9
DEVELOPMENT CONTRACT
(h) Retainage: Final Payments. As security for the faithful completion of the
Public Improvements, Contractor and Developer agree that the Developer shall
retain ten (10) percent of the total dollar amount of the contract price until after
final approval or acceptance of the Public Improvements by the City. The
Developer shall thereafter pay the Contractor the retainage, only after
Contractor has furnished to the Developer satisfactory evidence including an
affidavit that all indebtedness has been paid,that all indebtedness connected with
the work and all sums of money due for labor, materials, apparatus, fixtures or
machinery furnished for and used in the perfon-nance of the work have been paid
or otherwise satisfied. In addition, Contractor shall provide Developer with a
consent to final payment from the payment bond surety.
(i) Encumbrances. Upon completion and final acceptance of the Public
Improvements by the City, the Public Improvements shall become the property
of the City free and clear of all liens, claims, charges or encumbrances of any
kind. If, after acceptance of the Public Improvements, any claim, lien, charge
or encumbrance is made, or found to exist, against the Public Improvements, or
land dedicated to the City, to which they are affixed, the Developer and
Contractor shall upon notice by the City promptly cause such claim lien, charge
or encumbrance to be satisfied and released or promptly post a bond with the
City in the amount of such claim, lien, charge or encumbrance, in favor of the
City,to ensure payment of such claim,lien,charge or encumbrance.
(j} INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR
SHALL AND HEREBY DO INDEMNIFY, DEFEND AND SAVE
Page 6 of 9
DEVELOPMENT CONTRACT
HARMLESS, THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY
CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS
SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON
ACCOUNT OF THE OPERATIONS OF THE CONTRACTOR,
THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS; OR ON
ACCOUNT OF ANY NEGLIGENT ACT OF FAULT OF THE
CONTRACTOR, THEIR AGENTS, EMPLOYEES OR
SUBCONTRACTORS IN CONSTRUCTION OF THE
IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT, WITH
COSTS, WHICH MAY BE OBTAINED AGAINST THE CITY
GROWING OUT OF SUCH INJURY OR DAMAGE.
(k) Agreement Controlling. The provisions of this agreement shall control
over any conflicting provision of any contract between the Developer and
Contractor as to the construction of the Public Improvements.
2. Covenants of CitXof Denton. Upon proper completion of the Public
Improvements in accordance with this agreement, the City agrees to accept the Public
Improvements.
3. Nexus and RouLyh Proportionality. The Developer acknowledges and agrees that
there is a reasonable nexus between the demands created by the Development and the
Public Improvements, and that the costs associated with the construction and dedication
of land for the Public Improvements is roughly proportional to the benefits received and
Page 7 of 9
DEVELOPMENT CONTRACT
the burdens imposed by the Development. The Developer shall indemnify and
hold the City harmless against any claim by it or others claiming through it, that
the required Public Improvements and associated dedication of land are unlawful
exactions.
4. Venue and Governing Law. The Parties herein agree that this agreement
shall be enforceable in Denton County, Texas, and if legal action is necessary in
connection therewith, exclusive venue shall lie in Denton County,Texas. The terms
and provisions of this agreement shall be construed in accordance with the laws and
court decisions of the State of Texas.
5. Successor and Assigns. This contract shall be binding upon and inure to
the benefit of the parties hereto,their respective successors and assigns.
Executed this,._ day of ,20 .
DEVELOPER
Name:
By:
Name:
Title:
Address:
CONTRACTOR
Name:
By:
Name:
Title:
Address:
Page 8 of 9
DEVELOPMENT CONTRACT
DEVELOPMENT CONTRACT
CITY OF DENTON
CITY MANAGER
BY:
ATTEST:
ROSA RIOS,CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED As to
financial and operational obligations and
business terms.
SIGNATURE PRINTED NAME
TITLE
Page 9 of 9
PROJECT NO.
CONTRACT TYPE
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That ,
of County, Texas, hereinafter called Principal and
a Corporation organized under the laws of the State of and authorized to do
business in the State of Texas, hereinafter called"Surety", are held and fm-ly bound unto the City of
Denton,Texas,a Municipal Corporation,in Denton County,Texas,hereinafter called"City"in the
penal sum.of ($ dollars,lawful money
of the United States,for the payment of which sum well and truly to be made we bind ourselves,our
heirs,executors,administrators,and successors,jointly and severally,and firmly by these presents:
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with Owner,dated the
day of ,20 ,in the proper performance of
which the City of Denton has an interest,a copy of which is hereto attached and made a part KHUHRI
for the construction of
Page 1 of 3
PERFORMANCE BOND
NOW, THEREFORE, if the Principal shall well,truly, and faithfully cause to be performed
and fulfilled all of the undertakings, covenants,terms, conditions,and agreements of said Contract in
accordance with the Plans, Specifications, and Contract Documents during the original term thereof,
and any extension thereof which may be granted, with or without notice to the surety, and during the
life of any guaranty required under the Contract, which is incorporated, as if written word for word
herein, and shall also well and truly cause to be performed and fulfilled all the covenants,terms and
conditions and agreements of any and all authorized modifications of said Contract that may hereafter
be made including,without limitation,to remedy and pay for any defects in material and
workmanship or damage to other work or facilities which shall appear within two years from the date
of final completion notice of which modifications to the surety being hereby waived;then this
obligation shall be void;otherwise to remain in full force and effect.
PROVIDED, further,that if any legal action be filed on this bond,venue shall lie in Denton
County.
AND, that said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the work performed
thereunder,or the Plans, Specifications,Drawings, etc., accompanying the same shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any such change,extension of
time,alteration or addition to the terms of the Contract,or to the work to be performed thereunder.
Page 2 of 3
PERFORMANCE BOND
IN WITNESS WHEREOF, this instrument is executed in triplicate,each one of which shall
be deemed an original,this the day of ,20
PRINCIPAL SURETY
BY: BY:
ATTORNEY-IN-FACT
ATTEST:
SECRETARY
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF
BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF
POWER OF ATTORNEY. CERTIFICATION MUST NOT BE PRIOR TO
DATE OF CONTRACTOR BOND.
Page 3 of 3
PROJECT NO.
CONTRACT TYPE
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of , and the State of
as principal, and
authorized under the laves of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto The City of Denton, OWNER, in the penal sum of
dollars ($ ) for the payment whereof,the
said Principal and Surety bind themselves and their heirs, administrators, executors, successors
and assigns,jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of 20
to which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay 01 claimants supplying labor and material to him or a subcontractor
PAYMENT BOND
in the prosecution of the work provided for in said contract, then this obligation shall be void,
otherwise to remain in full farce and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the
Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this
bond shall be determined in accordance with said provisions to the same extent as if they were
copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract,or to the work performed thereunder,or the plans,
specifications,or drawings accompanying the same, shall in any way affect its obligation on this
bond,and it does hereby waive notice of any such change, extension of time,alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
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PAYMENT BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of 20
PRINCIPAL SURETY
BY: BY:
TITLE: TITLE:
ADDRESS: ADDRESS:
(SEAL)
The name and address of the Resident Agent of Surety is:
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