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Water Box 380 Industrial OPA DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 THE STATE OF TEXAS § COUNTY OF DENTON § WATER UTILITIES OVERSIZE COST PARTICIPATION AGREEMENTBETWEEN THE CITY OF DENTON AND DEVELOPER FOR THE INSTALLATION OF A TWELVE (12) INCH WATER LINE This Water Utilities140� rsize Cost Participation Agreement (this "Agreement'), is made and entered into this_ ay of August_, 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 Box 380 Industrial, LLC (hereinafter referred to as "Developer"), whose business address is 921 East Waggoman, Fort Worth,TX 76110. 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 water 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" water main to expand its utility system and insure adequate utility service to other customers, which "oversized water main consists of approximately 1,520 linear feet of Twelve-inch (12") water line 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 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 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 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 $386,158.01 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. Developer shall cause its general contractor, Bratjen Construction Company ("General Contractor") to maintain a performance bond (with Developer being named as a co-obligee) 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, Developer shall cause General Contractor to provide a two-year maintenance bond (with Developer being named as a co-obligee) 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:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 E. Developer agrees to design, construct and install the Required Facilities and to fund Three Hundred Twenty-One Thousand Three Hundred Fifty- Nine and 60/100 Dollars ($321,359.60) (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 Sixty-Four Thousand, Seven hundred Ninety-Eight and 41/100 Dollars ($64,798.41) subject to appropriation, or approximately Sixteen and 80/100 percent(16.8%)of the $386,158.01 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. I. 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 3 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 this Agreement by the parties hereto, shall be sent to the Developer at the 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 KIND WHATSOEVER (INCLUDING DEATH), BY REASON OF INJURY TO PROPERTY OR PERSON 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 KIND 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. Cite 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:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 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:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 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:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 EXECUTED in duplicate original counterparts by the undersigned Vyjauthorized officials and officers of the City and the Developer, on this the day of August , 2023. CITY OF DENTON A Texas Municipal Corporation DocuSigned by: By: 5236DB296270423 SARA HENSLEY, CITY MANAGER ATTEST: JESUS SALAZAR,INTERIM CITY SECRETARY DocuSigned by: -�By. 'Svs SdAl,ar THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational gpd business terms. Signature D''-ttrector,, Tln/"��er Utilities Department 8/9/2023 Date Signed: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: By: SU.SaA& 6.1A.(.Y DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 DEVELOPER: BOX 380 INDUSTRIAL,LLC, a Delaware limited liability company By: Box 380 Partners,LLC, a Texas limited liability company, its managing member By: Box IG Partners,LLC, a Texas limited liability company, Its manager By: ,� - Name: Todd Marchesani Title: President STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 2023, by Todd Marchesani, the President of Box IG Partners, LLC, a Texas limited liability company, the manager of Box 380 Partners, LLC, a Texas limited liability company, the managing member of Box 380 Industrial, LLC, a Delaware limited liability company, on behalf of said entities. `��,��.•� � KANDACE SPEARS Notary Public,State of Texas Notary Public,in'and for the State of Texas � .•, ` z Comm.Expires 10-13-2026 Notary ID 134014724 8 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 Exhibit A Property Description TRACT 1 DESCRIPTION, of a 6.140 acre tract of land situated in the Seferino Huizar Survey, Abstract No. 514, Denton County, Texas; said tract being part of that certain tract of land described in Warranty Deed to A&A Denton Properties Limited Partnership,recorded in Document No. 2004-24153 of the Official Records of Denton County, Texas; said 0.140 acre tract being more particularly described as follows: BEGINNING, at a 5/8-inch iron rod with"EAGLE SURVEYING" cap found(controlling monument) for corner in the west right-of-way line of Masch Branch Road(a variable width public right-of-way) and in the east line of said A& A Denton Properties tract, said point being the easternmost northeast corner of Lot 2, Block A, Fisher 59 Addition, an addition to the City of Denton, Texas according to the plat recorded in Document No. 2021-283 of said Official Records (as originally platted) and an angle point in the said west line of Masch Branch Road; THENCE,departing the said east line of the A&A Denton Properties tract and into,over and through said A&A Denton Properties tract,the following five(5)calls; North 89 degrees,43 minutes, 57 seconds West,along an offset in the said west line of Masch Branch Road,at a distance of 35.89 feet passing the southernmost northeast corner of said Lot 2, Block A (post right-of-way dedication) and an angle point in said west line of Masch Branch Road,then continuing along the southernmost north line of said Lot 2,Block A, in all a total distance of 349.21 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found (controlling monument) for corner; said point being the beginning of a tangent curve to the left; In a southwesterly direction, along a northwest line of said Lot 2,Block A and said curve to the left,having a central angle of 29 degrees,42 minutes,03 seconds, a radius of 150.00 feet, a chord bearing and distance of South 75 degrees,25 minutes, 02 seconds West,76.89 feet,an arc distance of 77.76 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found (controlling monument)for corner at the end of said curve; South 60 degrees, 34 minutes, 00 seconds West, along a northwest line of said Lot 2, Block A, a distance of 197.38 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found (controlling monument) for corner; said point being the beginning of a tangent curve to the right; In a southwesterly direction, along a northwest line of said Lot 2, Block A and said curve to the right,having a central angle of 08 degrees, 13 minutes, 37 seconds, a radius of 50.00 feet, a chord bearing and distance of South 64 degrees, 40 minutes, 49 seconds West, 7.17 feet, an arc distance of 7.18 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found (controlling monument)at the end of said curve; North 07 degrees, 19 minutes, 57 seconds West, along the northernmost east line of Lot 2, Block A, a distance of 520.84 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found(controlling monument)for corner in the south line of Lot 2,Block 1,Marriott Gardens Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet N, Block 1 in the Plat Records of Denton County, Texas and the north line of said A & A Denton Properties tract; THENCE, South 89 degrees,27 minutes, 56 seconds East, along said south line of Lot 2,Block 1 and 9 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 the said north line of the A & A Denton Properties tract, at a distance of 651.95 feet passing the southeast corner of said I A 2,Block 1 and an angle point in the said west line of Masch Branch Road, continuing along an offset in said west line of Masch Branch Road, in all a total distance of 668.95 feet to a 5/8-inch iron rod with "5199" cap found(controlling monument)for corner; said point being the northeast corner of said A&A Denton Properties tract; THENCE, South 00 degrees, 03 minutes, 48 seconds West, along the said east line of the A & A Denton Properties tract and said west line of Masch Branch Road, a distance of 392.55 feet to the POINT OF BEGINNING; CONTAINING,267,440 square feet or 6.140 acres of land,more or less. TRACT 2 DESCRIPTION, of an 11.891 acre tract of land situated in the Seferino Huizar Survey, Abstract No. 514, Denton County, Texas; said tract being part of that certain tract of land described in Warranty Deed to A&A Denton Properties Limited Partnership, recorded in Document No. 2004-24153 of the Official Records of Denton County,Texas;said 11.891 acre tract being more particularly described as follows: BEGINNING, at a 5/8-inch iron rod with"EAGLE SURVEYING"cap found(controlling monument) for corner in the west right-of-way line of Masch Branch Road(a variable width public right-of-way) and the east line of said A& A Denton Properties tract; said point being the northernmost southeast corner(as originally platted)of Lot 2,Block A,Fisher 59 Addition, an addition to the City of Denton, Texas according to the plat recorded in Document No. 2021-283, in said Official Records, and an angle point in the said west line of Masch Branch Road; THENCE, South 00 degrees, 03 minutes, 48 seconds West, along said west line of Masch Branch Road and the said east line of the A& A Denton Properties tract, a distance of 930.87 feet to a 5/8- inch iron rod found (controlling monument) for corner; said point being the northernmost southeast comer of said A&A Denton Properties tract and at the northeast end of a right-of-way corner clip at the intersection of said west line of Masch Branch Road and the north right-of-way line of E. University Drive(also known as US Highway 380,a variable width right-of-way); THENCE, South 41 degrees, 42 minutes, 55 seconds West, departing the said west line of Masch Branch Road and along the southeast line of said A&A Denton Properties tract and said corner clip, a distance of 70.82 feet to a 5/8-inch iron rod with "EAGLE SURVEYING" cap found (controlling monument) for corner in the said north line of E. University Drive; said point being the southernmost southeast corner of said A&A Denton Properties tract and at the southwest end of said corner clip; THENCE, North 87 degrees, 53 minutes, 47 seconds West, departing the said corner clip and along said north line of E. University Drive and the south line of said A &A Denton Properties tract, a distance of 437.00 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found (controlling monument)for corner; said point being the southernmost southeast corner of said Lot 2,Block A; THENCE, departing the said north line of E. University Drive and the said south line of the A & A Denton Properties tract and into, over and through said A& A Denton Properties tract,the following five(5)calls: North 07 degrees, 19 minutes, 57 seconds West, along the southernmost east line of said Lot 2,Block A, a distance of 856.60 feet to a 5/8-inch iron rod with'EAGLE SURVEYING" cap found (controlling monument) corner; said point being the beginning of a non-tangent curve to the left; In a northeasterly direction, along a southeast line of said Lot 2,Block A and said curve to the left, having a central angle of 15 degrees, 50 minutes, 37 seconds, a radius of 110.00 feet, a 10 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 chord bearing and distance of North 68 degrees, 29 minutes, 19 seconds East, 30.32 feet, an arc distance of 30.42 feet to a 5/8-inch iron rod with 'EAGLE SURVEYING" cap found (controlling monument)for corner at the end of said curve; North 60 degrees, 34 minutes, 00 seconds East, continuing along a southeast line of said Lot 2,Block A, a distance of 197.38 feet to a 5/8-inch iron rod with"EAGLE SURVEYING" cap found(controlling monument)for corner; said point being the beginning of a tangent curve to the right; In a northeasterly direction, continuing along a southeast line of said Lot 2, Block A and along said curve to the right,having a central angle of 29 degrees, 42 minutes, 03 seconds, a radius of 90.00 feet, a chord bearing and distance of North 75 degrees,25 minutes,02 seconds East, 46.13 feet, an arc distance of 46.65 feet to a 5/8-inch iron rod with "EAGLE SURVEYING" cap found(controlling monument)for corner at the end of said curve; South 89 degrees, 43 minutes,57 seconds East,along a south line of said Lot 2, Block A,at a distance of 313.54 feet passing the northernmost southeast corner of said Lot 2,Block A(post right-of-way dedication) and an angle point in said west line of Masch Branch Road, then continuing along an offset in said west line of Masch Branch Road in all a total distance of 349.43 feet to the POINT OF BEGINNING; CONTAINING,517,985 square feet or 11.891 acres of land,more or less. 11 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 Exhibit B Oversized Facilities 12 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 pp lVINJ:noHi N]SYW at[roe 5 IC gg 3 y kg � m C V S `: y �€ W z ■■ �. 1.1A U I'll z 3 i3 LL C� i ! • ' W IL O ` Re 8 V93 133HS 339 3HI1 H31VW h ------------ E , I s 38 f�- . , , -- -- - ---------------- Y 'I ° urorc�snw H I I I y o r Q I I �- m I I x �sti — I - I a W; /--------------------- 1 -------_-- >r a zmo, i ..—..."---- —_—..— ---.OWN I N I m :a zeWyu DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 ,rnuma�wN'�sM,o.croe � o JL '• � 7 �W�gi � 8y8y] �A� 1� 4' :.� . 32 ®N g ��� � llt i 9 1 @ 1 1 � a,o 6 •e£ssa�FRapa & * In Bppp ssqq y((aa € Ip o g 7 �4idd o��� �•8 • .7 � �� g IL " Lo �1ace� g T m v 0 cz 7 - N O�.1 u GYM-l0-1NpY RE 3WYW) A) s ;� (OBf AVMlYJIN'SII y 3AINg A-LISH3A/NR M ----------- --- r— - - a a�•�l i I I �`� .� g�id �,� I � I I I _N K I Q� � s �h� i � I I•I �. I I I I I •rya I I I I � — 1 N � I II i I m aaW4« DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 Exhibit C Estimated Cost of Required Facilities 13 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 4C CONSTRUCTION COMPANY Construction Cost for Public Infrastructure Project M380 Business Park City Project No.CEP22-0074 Lots 1-4, Block A,A&A Denton Properties Limited Partnership NWC or US 380 (University Dr.) &Masch Branch Rd. Denton,TX Cost of Work 12" Water Main $ 386,158.01 8" Water Main $ 321.359.60 $ 64,798.41 TOTAL Cost and Quantities for each scope of work included in the following pages of this document. 1701 E.Lamar Blvd.,Suite 290 Arlington,TX 76006 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 Tracked Project Number/Project Number: CEP 22-0074 Review#: Date of Review: Based off Approved Plans Dated: Review Status: Contractor: Brdtjen Construction Company 1701 E.Lamar,Suite 290 Address: Arlington,TX 76006 Phone#: (214)205-7354 Fax#: Email: bentwbra 'ent. Bid Date: 1/20/2023 12" WATER PROJECT: MASCH 380 PROJECT NUMBER CEP 22-0074 OPINION OF PROBABLE CONSTRUCTION COST Description CITY UNIT UNIT PRICE TOTAL 12" DR-14 PVC 1510 LF $ 113.02 $ 170,660.20 12" Gate Valve 13 EA $ 4,720.57 $ 61,367.41 12"45'Horizontal Bend 4 EA $ 1,238.47 $ 4,953.88 12"45'Vertical Bend 4 EA $ 1,619.20 $ 6,476.80 12"x8"Tee 7 EA $ 8,393.28 $ 58,752.96 12"x8" Reducer 1 EA $ 1,295.65 $ 1,295.65 12"x6"Tee 5 EA $ 8,216.18 $ 41,080.90 12"x2" Domestic Water Service 3 EA $ 2,792.49 $ 8,377.47 12"x2" Irrigation Water Service Deadhead 3 EA $ 2,792.49 $ 8,377.47 8"DR-14 PVC 10 LF $ 110.40 $ 1,104.00 8"Gate Valve 1 EA $ 2,688.13 $ 2,688.13 6"DR-14 PVC 30 LF $ 81.30 $ 2,439.00 6"Gate Valve 5 EA $ 1,865.88 $ 9,329.40 Air Release Valve 1 EA $ 9,254.74 $ 9,254.74 Water Subtotal: $ 386,158.01 DocuSign Envelope ID:OFEDC3D3-A93B-492E-AC8F-A9284B8ED3D5 Tracked Project Number/Project Number: CEP 22-0074 Review#: Date of Review: Based off Approved Plans Dated: Review Status: Contractor: Bratjen Construction Company 1701 E. Lamar,Suite 290 Address: Arlington,TX 76006 Phone#: (214)205-7354 Fax#: Email: Bid Date: 1/20/2023 8" WATER PROJECT: MASCH 380 PROJECT NUMBER CEP 22-0074 OPINION OF PROBABLE CONSTRUCTION COST Description CITY UNIT UNIT PRICE TOTAL 8" DR-14 PVC 1520 LF $ 110.40 $ 167,808.00 8"Gate Valve 14 EA $ 2,688.13 $ 37,633.82 8"45° Horizontal Bend 4 EA $ 659.86 $ 2,639.44 8"45°Vertical Bend 4 EA $ 724.98 $ 2,899.92 8"x8"lee 7 EA $ 6,145.27 $ 43,016.89 8"x6"Tee 5 EA $ 5,916.69 $ 29,583.45 8"x2" Domestic Water Service 3 EA $ 2,792.49 $ 8,377.47 8"x2" Irrigation Water Service Deadhead 3 EA $ 2,792.49 $ 8,377.47 6" DR-14 PVC 30 LF $ 81.30 $ 2,439.00 6"Gate Valve 5 EA $ 1,865.88 $ 9,329.40 Air Release Valve 1 EA $ 9,254.74 $ 9,254.74 Water Subtotal: $ 321,359.60