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Denton ICC 35 Wastewater OPA DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 THE STATE OF TEXAS § COUNTY OF DENTON § WASTEWATER UTILITIES OVERSIZE COST PARTICIPATION AGREEMENTBETWEEN THE CITY OF DENTON AND DENTON ICC 35,LLC FOR THE INSTALLATION OF AN EIGHTEEN (18) INCH WASTEWATER LINE This Wastewater Ut 411saversize Cost Participation Agreement(this"Agreement"), is made and entered into this day of October , 2023 (the "Effective Date"), by and between the City of Denton, a Texas Home-Rule Municipal Corporation (hereinafter referred to as the "City"), with its offices located at 215 East McKinney Street, Denton, Texas 76201, and DENTON ICC 35, LLC, a Delaware limited liability company(hereinafter referred to as"Developer"),whose business address is 801 Grand Avenue,Des Moines, IA 50392. RECITALS: WHEREAS, Developer is the owner of certain real property located in the City of Denton, Texas and being described on Exhibit A, attached hereto and made a part hereof for all purposes(the"Property"); and WHEREAS, Developer is in the process of developing and improving the Property and in connection with the same, must design, construct and install adequate wastewater facilities to service the Property(the "Required Facilities"); and WHEREAS, the City, in accordance with its ordinances, wishes to participate in the cost of designing, constructing and installing said Required Facilities to provide for an "oversized" wastewater main to expand its utility system and insure adequate utility service to other customers, which "oversized wastewater main consists of approximately 3,608 linear feet of eighteen-inch (18") wastewater main and all necessary appurtenances thereto, as shown on Exhibit B, attached hereto and incorporated herein by reference (the "Oversized Facilities"); and WHEREAS, the City and Developer desire to enter in this Agreement under Subchapter C, Section 212 of the Texas Local Government Code, to provide for oversizing of improvements required to increase the capacity of improvements in anticipation of future development in the area; and WHEREAS, the City and Developer desire to set forth, in writing, their understandings and agreement regarding the design, construction and installation of the Required Facilities as more fully set forth herein; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein Developer and the City do hereby AGREE as follows: 1. Term This Agreement becomes effective upon the Effective Date and shall remain in effect until the Required Facilities are completed, have been accepted by the City, and the City has reimbursed the Developer for the portion of the construction costs for the Required Facilities DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 attributable to oversizing in accordance with the terms hereof, unless earlier terminated in a writing that is signed by both the City and Developer. Scope of Work Developer shall design, install, and construct the Oversized Facilities. 2. City and Developer Rights and Responsibilities A. Developer agrees that all City costs related to participation, in accordance with Section 212.072 of the Texas Local Government Code, shall not exceed thirty (30%) of the improvements benefitting the Property, excluding the oversizing of improvements. The amount of the City's Participation shall be limited to an amount not to exceed one hundred percent(100%) of the total cost for any oversizing of improvements. B. Prior to the commencement of construction of the Required Facilities, the Developer shall execute a performance bond for the construction of the improvements in the amount of$2,220,091.00 to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. The performance bond shall be maintained by the Developer until the completion and acceptance of the Required Facilities. Developer shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Required Facilities by City. Upon completion and acceptance of the Required Facilities, the Developer shall provide a two-year maintenance bond in the amount of the cost of the Required Facilities. C. This Agreement is subject to and governed by the Denton Development Code and any other applicable ordinances of the City of Denton, Texas. D. Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses, and easements to construct and install the Required Facilities. The easements, deeds, and plats therefor obtained by the Developer in connection with the construction and installation of the Required Facilities shall be reviewed and approved as to form and substance by the City, which approval shall not be unreasonably withheld. If the Developer is unable to acquire needed easements, the Developer shall provide the City with any reasonably requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to the City, if not taken in the City's name, prior to acceptance of the Oversized Facilities, and the Developer warrants clear title to such easements from and against all lawful claims and demands of all persons claiming by, through, or under the Developer, subject however to all easements, covenants, conditions, reservations, restrictions and matters of record and any conditions that would be uncovered by an inspection of the easement area or an accurate survey of the same (collectively, the "Permitted Exceptions"), and will defend the City against any adverse claim made against such title, other than the Permitted Exceptions. 2 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 E. Developer agrees to design, construct and install the Required Facilities and to fund Two Hundred Eighty-Eight Thousand Six Hundred Forty and 00/100 Dollars ($288,640.00) (the "Developer Share") of the construction cost for the Required Facilities. All costs to design, construct and install the Required Facilities in excess of the Developer Share are "Oversizing Costs." The City agrees to make payments to Developer for Oversizing Costs in an amount not to exceed Three Hundred and Twenty-Four Thousand, Seven hundred Twenty and 00/100 Dollars ($324,720.00) subject to appropriation, or approximately fourteen and 60/100 percent (14.6%) of the $2,220,091.00 shown as the total estimated costs to design, construct and install the Required Facilities as set forth on Exhibit C, attached hereto(the"City Share"). F. The Director of Water Utilities or their designee shall determine the appropriate level of cost participation by the City based upon the incremental cost between the Developer's Required Facilities and the City's requested Oversized Facilities. This cost determination shall be based upon recent bids for similar facilities and/or cost estimates prepared by the City's engineering staff. If the City cannot justify the costs involved in any such contract where City funds or pro-rata repayment is involved,the City shall have the option and right to submit the proposal for sealed bids, and the Developer shall pay its proportionate share of the acceptable low bid. Final approval of all oversize participation agreements between the City and the Developer shall come from the City Council after recommendation from the Public Utilities Board unless the participation amount is less than the expenditure level authorized by the City Manager. G. The City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing, or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facilities; the Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities. H. The City shall reimburse Developer for the City Share of Oversizing Costs within sixty(60) days of the completion and acceptance of the construction of the Required Facilities. 1. To confirm the actual cost of the Required Facilities, City shall have the right to inspect any and all records of the Developer, its agents, employees, contractors, or subcontractors, and shall have the right to require the Developer to submit any necessary information, documents, invoices, receipts, or other records to verify the actual cost of the Required Facilities. If the actual costs are lower than those noted on Exhibit C, the City's share in cost shall be reduced pro rata. J. All notices, payments, or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to the Developer at the 3 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 business address given above and to the City Manager for City at the address given above. K. THE DEVELOPER SHALL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSS, OR LIABILITY OF ANY HIND WHATSOEVER (INCLUDING DEATH),BY REASON OF INJURY TO PROPERTY OR PERSON (INCLUDING ANY CLAIM OF OR RELATED TO TRESPASS OR INTERFERENCE WITH PROPERTY) OCCASIONED BY ANY ACT OR OMISSION, NEGLECT, OR WRONGDOING OF THE DEVELOPER,ITS OFFICERS,AGENTS, EMPLOYEES, INVITEES, OR CONTRACTORS, OR OTHER PERSONS WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT; AND THE DEVELOPER SHALL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT THE CITY AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, THE DEVELOPER'S INDEMNIFICATION OBLIGATIONS HEREUNDER SHALL NOT INCLUDE ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES OF ANY HIND WHATSOEVER THAT ARE CAUSED BY THE CITY'S SOLE NEGLIGENCE. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF BOTH DEVELOPER AND THE CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY OF THE DEFENSES OF THE PARTIES UNDER TEXAS LAW. FURTHER, IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF BOTH DEVELOPER AND THE CITY, RESPONSIBILITY FOR ALL COSTS OF DEFENSE SHALL BE APPORTIONED BETWEEN THE CITY AND DEVELOPER BASED UPON THE COMPARATIVE FAULT OF EACH. L. City may withhold funds, and, if necessary, may demand the return of some or all amounts previously paid to Developer for defective work, to protect City from loss or damage. M. Prior to the final payment by the City: i. The Required Facilities must be (i) completed by the Developer; (ii) reviewed and inspected by the City; and(iii) approved and accepted by the City. During the work on the Required Facilities, the City has the right to review all documents, maps, plats, records, photographs, reports and drawings affecting the construction and to inspect the work in progress; and ii. The City shall conduct a final inspection of the Required Facilities and any deficiencies noted by the City during such inspection shall have been addressed by the Developer to the City's satisfaction. 4 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 3. Legal Construction 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 of this Agreement, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 4. Counterparts This Agreement may be executed, including electronically, in one or more counterparts, each of which when so executed shall be deemed to be an original and constitute one and the same instrument. If this Agreement is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Agreement to be executed. 5. Assignment Developer shall not sell, assign, transfer or its interest or rights in the Agreement, or any claim or cause of action related thereto in whole or in part, without the prior written consent of the City, which consent shall not be unreasonably withheld. As an express condition of consent to any assignment, Developer shall remain liable for completion of the Required Facilities in the event of default by the successor contractor or assignee. 6. Venue Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 7. Entire Agreement This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions, or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications,representations, or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 8. Miscellaneous A. Pursuant to Section 2270.002, Texas Government Code, the Developer hereby (i) represents that it does not boycott Israel, and (ii) subject to or as otherwise required by applicable federal law, including without limitation 50 U.S.C. Section 4607, agrees it will not boycott Israel during the term of the Agreement. As used in the immediately preceding sentence, "boycott Israel" shall have the meaning given such term in Section 2270.001, Texas Government Code. 5 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 B. The Developer hereby represents that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 9. Certification of Execution The person or persons signing and executing this Agreement on behalf of Developer, or representing themselves as signing and executing this Agreement on behalf of Developer, do hereby warrant and certify that he, she or they have been duly authorized by Developer to execute this Agreement on behalf of Developer and to validly and legally bind Developer to all terms,performances and provisions herein set forth. [Signature pages follow] 6 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 EXECUTED in duplicate original counterparts by the undersigned gyy6buthorized offi&c lob and officers of the City and the Developer, on this the day of 2023. CITY OF DENTON A Texas Municipal Corporation DocuSigned by: " N By: SARA HENSLEY, CITY MANAGER ATTEST: JESUS SALAZAR, CITY SECRETARY DocuSigned by: E9A.A7r.77RAQ7qA1n 'SltiS SA�,G1/'�AY' By: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational DocuSigned by: lslness terms. �9EBF�F56�58E58492... Signature Director, Title water utlilities Department 9/21/2023 Date Signed: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: lbw By: 847DC 78EA8043D... DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 DEVELOPER: DENTON ICC 35, LLC, a Delaware limited liability company By: DENTON COMMERCE CENTER MANAGER, LLC, a Delaware limited liability company By: CLX VENTURES, LLC, a Delaware limited liliability compapy By: G'� �//<j ZJ6 Z'� Name: Bradlety 6. C ela Title: Ma Bing Me ber STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the a0� day of 5eoe m ber- ,2023,by Bradley D. Copeland the Managing Member of DENTON COMMERCE CENTER MANAGER, LLC, a Delaware limited liability company,which is a member of DENTON ICC 35, LLC, a Delaware limited liability company,on behalf of said company. SANDRA CARROLL =Notary Public,State of Texas 47 Comm.Expires o9.22-9 Notary Public in and for the State of Texas Notary ID 5712909 8 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 Exhibit A Property Description DESCRIPTION OF PROPERTY SURVEYED LIrSMP J;a%, of a 72.969 acre tract of land situated fen the &8.8 dt C. RR CO. Sunray, Abstract No. 141 and dna Robert MfiiNock Sunny, Abstract No 1401 Denton Caunfye Texas, sold Bract bcMq alf of that cartel tract of land described in Special Warranty Deed to Denton/CC 35, UCF recorded in Document No. 202f-16f323 of the OfNcfof Records of Denton County; Texas; said 72.969 acre lroet belnq more pertkv1drfy descried as lolbws. COMMENCING, at a wood right-of-way marker past found at the intersection of the east right-of-way fine of the Culf, Coorodo and Santa Fe Railroad Company Rofkoad (0 126-root wide right-of-way) and the south right-of-way line Form-to-Morket Highway 1173 (a variable width right-of-way); said point being the northwest corner of that tract of lard described os Tract I in Special Warranty Dead with Vandal Lien to M alview Commercial. LP recorded in Document Na 2 000-11 98 45 of sold Official Records; THENCE. South 88 degrees, 06 minutes. 32 seconds East, deporting the solid cost line of Oulf, Colorado and Santo Fe Railroad Company Railroad, along the said south line of Farm-to-Market Highway 1173 and the north line of saki Tract I. a distance of 1,097.33 foal to a 5/8-Inch iron rod with "PACHECO KOCH' cap set for the POINT OF BEGINNING; sold pant being the northwest comer of said Denton IOC 35. LLC tract; THENCE. continuing abng the sold south line of Form-to-Markel highway 1173 and the north line of sold Denton ICC 35. LLC tract. the fallowing sou(6) rolls South 88 degrees, 06 minutes, 32 seconds East, c elstonce of 537.16 feet to a 5/8-Inch from rod with "PACHECO KOCH" cop sot for comer, South 85 cegreee, 14 -ninutea, 47 seconds East, a distance of 10D.12 feet to a 5/8-inch Iran rod with 'PACHECO KOCH'clap set far corner; South 88 ccgreea, 06 minutes, 32 zeconds East, a distance of 184.24 `cot to a 5/8-inch iron rod with *PACHECO KOCH' cap set for comer, South 89 degrees, 48 minutes, 32 seconds East, a distance of 217.24 feet to a 5/8-inch iron rod with 'PACHECO KOCH' cap set for corns. from said Pont c wood right-of-way marker post found boors North 72 degrees, 60 minutes EaeL a distance of 2.6 feet; North 87 degrees, 19 minutes, 44 seconds Ecet. a distance of 100.12 feet to 0 5/8-inch iron rod with "PACHECO HOCH' cop act for corner; South 89 degrees, 48 minutes, 32 seconds East, a distoncs of 1.94a.97 feet to a 5/6—ril Iron rod with *PACHECO KOCH' cap set for comer at the Intersection of the sold south Irne If Form-to-Market Highway 1173 and the west right-of-way line of Interstate Highway 35 (a variable width right-of-way); solid pant being of the bognning of a non-tongent curve to the left; sod point being the northeast corner of said Denton ICC 35, LLC tract; THENCE, In a southerly direction, along the sac west the at Interstate Hfghway 35 and the mast the at Sala Denton ICC 3% LLC tract, the following two(2) eats: Along said curve to the left, raving a central angle of 02 degrees, 25 minutes, 02 seconds, a radius of 14,390.00 foot. a chord spring and cistonos of South 01 degrees, 40 minutes, 25 seconds East, 607.04 het, on are distance of 607.08 feet to a 5/8-inch iron rod with 'PACHECO KOCH' cap set for corner at the beginning of a reverse curve to the right; Along said curve to the right, having a central angle of 23 degrees, 15 minutes. 26 sea drift a radius of 971.00 feet, a chord bearing and distance of South 33 degrees, 5a minutes, 24 seconds West. 391.44 feet, on are distance of 394.14 feet to a 5/8-inch iron rod with 'PACHECO KOCH" cop eat for corner cl the end of sold metro; said point being in the east line of Lot 1. Bock 1. Northwest Service Area, an addition to the G'ty of Denton. Texas according to the plat recorded Yen Cabinet T. Pogo 365 of sold OfBcld Records. sod point also being a southeast corner of said Denton ICC 35. LLC trod; THENCE. North 00 degrees, 58 minutes, 22 seconds East, departing the said west line of Interstate Highway 35, doll the sold east line of Lot 1 and a west line of said Denton ICC 35. LLC tract, o distance of 113,30 feet to a 5/5-inch iron rod with *PACHECO KOCH" cap set for corner sold point Doing the mxtheast corner of said Lot I and an oil corner of said Denton ICC 35. LLC tract: THENCE, North 89 degrees, 01 minutes, 38 seconds Wesl dong the north line of sold Lot 1 and a south Iine of sold Denton ICC 35,LLC tract, a distance of 22500 feet to a 1/2-Inch Von rod with Iliegibe cop found for the northwest caner of said Lot 1 area an ell corner of sold Denton ICC 356 LLC tract; THENCE. South 00 degrees, 5a minbtil 22 seconds West. along the west line of sold Lot 1 and on ecet IIne of said Denton ICC 35, LLC tract, a distance of 241.37 feet to a 5/8-Inch Iron rod with 'PACHECO KOCH' asap set for caner in the north rilhl-ot-ray line of said Interstate Highway M sold pant being a southeast comer of sold Denton ICC 356 LLC tract; THENCE, in a westerly direction, deporting the said west line of Lot 1, along the add north line of Inteirstaie Highway 35 end the south line of said Dental ICC 35. LLC tract, the following seven (7) calls North 89 degress, 39 minutes, 28 seconds West, a distance of 59.93 feet to a 5/8-inch Von rod with "PACHECO KOD}i cad set for corner. North 75 degrees, 25 minutes, 29 seconds West, a d4talce of 178.69 het to 0 5/81 ion rod with 'PACHECO KOCH" cop cot for the beginning of c tangent curve to the loft; All sold curve to the left, having a eel Ingle err 14 degrees. 15 minutes, 54 socorl a radius of 1,110.00 rest, a chord Dearing and distance of North 82 degroes, 33 min.,tes, 25 seccres west, 27564 feet, an are detalce of 27636 feet to a 5/8-inch iron rod with "PACHECO KOCH" cop set for the end at said cu,ve; North 89 degreem, 41 irfnutes, 23 seconds Wee:, c cistance of 2'6.71 foot to a 5/8-inch iron rod with 'PACHECO KOCH' cap set for corner; South 79 degrees, 05 l 46 aecondo 'heat. a distance of 204.75 feet to a 5/8-inch iron rod with "PACHECO KOCH" cap set for the beginning of c non-tangent cu-e to the Ic't; Along mold curve to the left, having a central argle or 04 osgrees, 1S l 34 seconds, a radius of 5,032.00 fast, a chard boring and distance of South 86 degrar -% r-iinv!ee, 2d seconds art, 519.85 feet, on arc distance of 379.94 feet to o point for the end of mad cl,rvo; 9 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 South 84 degrees, 26 minutes, 36 seconds West, a distance of 78.28 feet to a 5/8—loch Yon rod with 'TzDOT survey maker right of way monument' cap found for toner. said point being the north caner of a west twmnus of sad Interstate Highway 35. and being the northeast corner of a Proposed T.DOT Right of Way, to be acquired THENCE, continuing along the sold south Il+e Denton ICC 35. LLC tract and the north the of salt Proposed Te00T Right of Way, the fdlceing eight(a)calls. South 83 degrees, 10 minutes, 13 secmds West, a distance of 450.13 feet to a 5/8—Inch Iron rod with 'MOT srvey marker riot of way monument' cap found for an angle paint. South 84 degrees. 26 minutes, 36 seconds West, a distdnee of 122.60 feet to a 5/8--irneh Mon rod with 'TaDOT survey marker riot of ray monument" cap hind for the beginning of o tangent curve to the right: In a southwesterly dFectim, along wild curve to the right, having a central ongle of 02 degrees, 06 minutes, 28 seconds, a radius of 4.978.00 feet, a chord bearing and distance of South 85 degrees, 29 minutes, 50 seconds West, 183.13 het, an arc dotaoce of 163.14 feet to a 5/8—inch ion rod with 'TsDOT survey marker right of way monument'cap found far the end of said curve; North 83 degrees, 07 minutes. 12 secando West, a distance of 70.00 feet to a 5/6—inch Yon rod w* 'TsOOT survey marker right of way monument' cap found for caner, South 77 degrees, 48 minutes, 42 seconds West. a distance of 70.00 feet to a 5/8—Inch Yon rod with 'Tr00T survey rrlaker right of way monument' cap fond for beginning of a non—tangent curve to the right; In a southwesterdy direction, along said curve to the right, hating a control angle o• 02 degrees, 12 minutes, 07 second*. a radius of 497@00 feet, a chard beoing and distance of South 89 degrees, 14 minutes, 29 seconds West. 191.29 feet, an arc distance of 191-30 feet to a 5/8—inch won rod found far the end of said curve: North 89 degrees, 39 minutes. 28 seconds Nest, a distance of 85.61 het to a 5/FI—Ind- iron rod wl* 'Ts00T survey marker right of way monument` cap found for an angle paint. North 82 degrees. 28 minutes. 37 aecondIi West,a distance of 119.37 feet to a 5/B--inch Yon rod with 'PACHECO KOCH'cap set for toner, odd paint being the southwest comer of sold Dewtor ICC 35.LLC traM THENCE, North 00 degrees, 20 minutes, 32 seconds East. depgting the said north line ct Proposed Ts00T Right of Way ono along the west Ilse of said Denton ICC 35, LLC tract, a distance of 1,149.47 feat to the POINT OF BEGINNING. CONTAR4NG: 3,178,548 square feet or 72.989 acres o land.more or lose. 10 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 Exhibit B Oversized Facilities I w .0 Q b t0 CPDOCBLj ff -- ANl�_C 'ApYO Y)NIpC.0 'SOW �I I IplY.1 iOLVN_. i / ' R E mm rim rrm m;- ti P 1 I 1 a R I 9- :� I 11 DocuSign Envelope ID:7665B6DD-2615-48BA-88DD-F8AEB2B403F1 Exhibit C Estimated Cost of Required Facilities Storm Sewer: Description QTY LMT UNIT PRICE TOTAL 18'Storm Drain 363 LF S 80.00 S 29,040.00 24'Storm Dram 139 LF 9500 S 13,205.00 36'Storm Dram 122 LF S 140.00 5 17.090.00 42-Storm Drain 126 LF S 170.00 S 21,420.00 Mr Storm Drain 323 LF S 2DS.00 S 67,240.00 xV Storm Drain 126 LF 5 3DS.00 S 38,430.00 5k4'Storm Box 28 LF is 310.00 S 8,690.00 6'x4'Storm Box 426 LF $ 370.00 S 157.620.00 7'x4'Storm Box 428 LF 490.00 S 2D9,720.00 Rip Rap 10104 SF S 10.00 101,040.00 Flume 3150 SF S 48.00 5 151,200.00 Manhole 2 EA S 8,500.00 S 17,000,00 8'x 8')unction Box 1 EA S 13,500.00 S 13,500.00 10'x 10')unction Box 2 EA 5 20.000.00 S 40,000 OD 4'x4'Detention Outfall Structure 1 EA S 8300.00 S S,S0OA0 8'x8'Detention Outf all Structure 1 EA S 16,000.00 S 16,000.00 TxDOT Sloping Headwall with Safety End Treatment for 18" RCP g t- 5 2.500.00 5 20,000.00 TxDOT Sloping Headwall with Safety End Treatment for 5'x3' RCS t 5 11,000.00 S 22,000 00 Tx DOT Slopng Headwall with Safety End Treatment for 36" RCP 2 EA S 4,500.00 S 9.000.00 4 1 Sbped Headwall for 5'x4' RCB 1 EA 5 11,500.00 5 11,500 00 4.1 Sloped Headwa4 for 6'x4' RCS 1 EA $ 11,500.00 S 11,500.00 4 1 Sloped Headway for 24"RCP 1 EA $ 2,500.00 S 2,500A0 TxDOT Type-B Headwall for 48" RCP I EA S 4,200.00 S 4,200.00 Storm Sewer Subtotal.• $ 990,375.00 Sanity Sewer: Description CLTy UNIT L1W PRICE TOTAL 18'PS46 Sewer 36M LF S 170.00 S 613,360.00 S'DIA SSMH 9 EA S 10,000.00 S 90,000.00 S'DIA Drop SSA4H 1 EA $ 15,000.00 S 15,000A0 Connect to existing 5'SSW 1 EA S 2,000.00 S 2,000.00 24'Encasement M LF S 250.0D S 26,250.00 1r Cap and Plug 2 EA IS 1.250.00 5 2,500.00 Sanitary Sewer Subtotal:15 749,110.00 Water: Desviption M tiw UIMT PRICE TOTAL 12'Water 2916 LF $ 90.00 S 262,440 00 Fire Hydrants 8 EA S 3300.00 5 28,000.00 Detector Checks 6 EA 14,718.00 98,308.00 2'Domestic Meter 1 EA 5 1,750.00 S 1,75000 3'Water Meter 2 EA S 10.679.00 5 21.358,00 12-Water by Bore 210 LF S 350.00 1 S 73,500.00 2'IrrWation Meter 1 3 1 EA 1$ 1.750.001 S 5,250.00 Water Subtotal: 480,W.00 TortaIll S 2,220,091.00 Pudic Works Inspection Fee 3.5% Is 77,703.19 12 DocuSign Certificate Of Completion Envelope Id:7665B6DD261548BA88DDF8AEB2B403F1 Status:Completed Subject:Complete with DocuSign:OPA23-0001 -Oversized Participation Agreement-Denton ICC 35.pdf Source Envelope: Document Pages: 12 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Christian Garcia AutoNav: Enabled 901 B Texas Street Envelopeld Stamping: Enabled Denton,TX 76209 Time Zone: (UTC-06:00)Central Time(US&Canada) Christian.Garcia@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status:Original Holder:Christian Garcia Location: DocuSign 10/10/2023 5:03:19 PM Christian.Garcia@cityofdenton.com Signer Events Signature Timestamp Sara Hensley 11. Sent: 10/11/2023 1:28:35 PM sara.hensley@cityofdenton.com EDICUSil"Id ncViewed: 10/11/2023 1:40:59 PM City Manager 5236DB296270423... Signed: 10/11/2023 1:42:25 PM City of Denton Security Level: Email,Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar EDOCUSignedby: Sent: 10/11/2023 1:42:26 PM jesus.salazar@cityofdenton.com C SIBS Sa�a'�ctY Viewed: 10/11/2023 1:46:22 PM Security Level: Email,Account Authentication 2437c77B697641D.. Signed: 10/11/2023 1:46:53 PM (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 10/11/2023 1:46:22 PM ID:5e6dd2e4-d008-4994-b8cd-5483d7d87a82 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/11/2023 1:28:35 PM Certified Delivered Security Checked 10/11/2023 1:46:22 PM Signing Complete Security Checked 10/11/2023 1:46:53 PM Envelope Summary Events Status Timestamps Completed Security Checked 10/11/2023 1:46:53 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:7/21/2017 3:59:03 PM Parties agreed to:Jesus Salazar ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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