Stella Hills Water and Wastewater OPA DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER& WASTEWATER UTILITIES OVERSIZE COST PARTICIPATION
AGREEMENT
BETWEEN THE CITY OF DENTON AND DEVELOPER
FOR THE DESIGN AND INSTALLATION OF 30"WASTEWATER MAIN, 1.9 MGD
LIFT STATION,WASTEWATER FORCE MAIN, GRAVITY WASTEWATER MAIN,
AND 12" POTABLE WATER MAIN
This Water and Wastewater Utilities Oversize Cost Participation Agreement (this
"Agreement"), is made and entered into this 5th day of March, 2024 (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
Allied Development, LLC (hereinafter referred to as "Developer"), whose business address is
5005 LBJ Freeway, Suite 325, Dallas, Texas 75244.
RECITALS:
WHEREAS,Developer is under contract to purchase for development 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 and wastewater
facilities to service the Property (the "Required Facilities"); and
WHEREAS, the City, in accordance with its ordinances, wishes for Developer to oversize
the Required Facilities, and City wishes to participate in the cost of designing, constructing and
installing said Required Facilities to provide for oversized water and wastewater facilities to
expand its utility system and insure adequate utility service to other customers, which oversized
facilities consists of approximately 1,900 linear feet of thirty-inch (30") wastewater main, lift
station and associated force main with capacity of 1.9 million gallons per day (MGD),
approximately 750 linear feet of Twelve-inch (12") gravity wastewater main and approximately
1,140 linear feet of Twelve-inch(12")potable water main,and all necessary appurtenances thereto,
as shown on Exhibit B, attached hereto and incorporated herein by reference (the "Oversized
Facilities"); and
WHEREAS,the exact size and capacity of the Required Facilities and Oversized Facilities
are estimates only and are subject to updating based on agreement of the City and Developer,
which updates, if any, shall not require an amendment to this Agreement; 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
4870-6325-0321v.3 67389-8
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
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 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. If construction of the Oversized Facilities does not commence
within one year of the date of the Agreement, the Agreement shall terminate, unless a written
extension thereof is approved by both parties as required in Section 7.6.14 Denton Development
Code. This Agreement may be extended one(1)additional 12 Month period if approved in writing
by both parties. Developer shall provide written notice to City requesting extension 60 days prior
to termination for Developer's failure to commence construction of Oversized Facilities.
This agreement and the obligations herein may be terminated upon written notice from the
Developer within 180 days of execution of this Agreement, provided, however, if Developer has
submitted civil engineering_plans to the City, Developer waives any and all rights to termination
under this Agreement.
2. Scope of Work
Developer shall design, install, and construct the Oversized Facilities.
3. City and Developer Rights and Responsibilities.
A. Developer agrees that City will cost participate only for City's proportionate
share of the Oversized Facilities, and in accordance with Section 212.072
of the Texas Local Government Code,the City will reimburse Developer in
an overall total amount not to exceed$7,553,327.43,or one hundred percent
(100%) of the total cost for any oversizing of the Required Facilities,
whichever is less.
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 not-to-exceed amount of $7,553,327.43 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 of the Required Facilities and Oversized Facilities. Upon
completion and acceptance of the Required Facilities and Oversized
Facilities, Developer shall cause General Contractor to provide a two-year
maintenance bond in the amount of the cost of the Required Facilities.Upon
2
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
providing such maintenance bond to the City, the Developer shall have no
further obligation with respect to the Required Facilities or Oversized
Facilities. Upon the expiration of said two-year period, the maintenance
bond shall be terminated and released.
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 and licenses to construct and install the Required Facilities and
Oversized Facilities. Any easements obtained by the Developer for the
Required Facilities and 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 Required Facilities and 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. The City has obtained, or will obtain, and will make
available to the Developer any easements for the Oversized Facilities lying
outside the Developer's Property.
To the extent any Required Facilities or Oversized Facilities need to be
constructed in lands not owned by the City or Developer, the Developer
shall use commercially reasonable efforts to obtain the easements. If the
Developer is unable to obtain the easements required for the Oversized
Facilities, after making an offer in writing,based on fair market value of the
property interest to the property owner from whom the property interest is
being acquired within 120 days, the City agrees to consider acquiring
easements required for the Oversized Facilities. The Developer must
provide the City with a survey and metes and bounds description of the
property to be acquired and pay the City for all costs of obtaining the
easements. The Developer must reimburse the City in full for any costs
incurred to acquire the easements, including but not limited to, City staff
time, appraisals, title surveys, acquisition costs, relocation costs, and City
resources.
E. The City agrees and acknowledges that the facilities contemplated in this
Agreement will be completed in phases. Subject to Section 3.F.iv below,
the Developer shall complete the various facilities contemplated herein
based upon the timeframes in Exhibit D, attached hereto and made a part
hereof.
3
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
F. A preliminary opinion of cost for the project is set forth in Exhibit C,
attached hereto. Developer agrees to design, construct and install the
Required Facilities and to fund the full cost(the "Developer Share")of the
design, construction, and installation 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 $
$7,553,327.43, or one hundred percent (100%) of the total cost for any
oversizing of the Required Facilities,whichever is less (the "City Share").
G. The Director of Water Utilities or their designee shall determine the
appropriate level of cost participation for the City Share 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.
H. 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.
I. 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 on a phase-by-phase basis as various facilities are
accepted by the City.
J. To confirm the actual cost of the Required Facilities and Oversized
Facilities, City shall have the right to inspect any and all records of the
Developer, (and, to the extent available to the Developer, its agents,
employees, contractors, or subcontractors) directly related to this
Agreement 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 and Oversized Facilities. If
the actual costs are lower than those noted on Exhibit C, the City Share
4
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
shall be reduced pro rata; however, any cost underrun in the first phase of
improvements shall not serve, by itself, to reduce the City's pro rata share,
rather, such overruns shall be made available for application to any cost
overruns in the second phase of construction, such that the City Share will
apply to the complete construction of the Required Facilities and Oversized
Facilities as a whole.
K. 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
business address given above and to the City Manager for City at the address
given above. Requests for payment may also be made by the Developer to
the City Manager via electronic mail.
L. 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
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.
M. Prior to the final payment by the City:
i. The Required Facilities and Oversized Facilities must be (i)
completed by the Developer; (ii) reviewed and inspected by the
City; and (iii) approved and accepted by the City, such acceptance
5
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
not to be unreasonably withheld, conditioned, delayed, or denied.
During the work on the Required Facilities and Oversized 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 Oversized Facilities and any deficiencies noted by the City
during such inspection shall have been addressed by the Developer.
N. At the time of execution of this Agreement,the City represents and warrants
that it has, and will continue to have, full water and wastewater capacity,
available and unencumbered, to provide continuous, adequate water and
wastewater services to the Property at full buildout. The City shall not
withhold water or wastewater service to the Property on the premise that the
City has insufficient water or wastewater capacity to provide same.
4. 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.
5. 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.
6. Assignment. Developer shall maintain the right to sell, assign, or transfer 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. In the event such assignment contains an
assumption of obligations by the assignee, Developer shall no longer be liable for completion of
the Required Facilities or Oversized Facilities in the event of default by the successor contractor
or assignee.
7. 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.
8. 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.
6
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
9. 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.
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.
10. 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]
7
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
EXECUTED in duplicate original counterparts by the undersigned duly-authorized
officials and officers of the City and the Developer, on this the 5th day of March ,
2024.
CITY OF DENTON
A Texas Home-Rule Municipality
DocuSigned W.
Ski
By: 52 66DB296270423...
SARA HENSLEY, CITY MANAGER
ATTEST:
JESUS SALAZAR, CITY SECRETARY
Do cuSigned�by�:/���
I
SuSBy' 2437C77B897541D...
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
IDocuSigned by(�/j�p�(�(
9EBFF585�8 E58492...
Signature
Director,
Title
water Utlilities
Department
Date Signed: 3/21/2024
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DocuSigned by:
By F862F9E18C01458_
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
DEVELOPER:
Allied Development, LLC
DocuSigned by:
By: r^
l�
Name: 6 �
Title: President
9
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
Exhibit A
Property Description
10
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
EXHIBIT "A"
BEING an 81.5532 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330,
Denton County, Texas, said 81.5532 being a portion of a called 0.565 acre tract of land conveyed
to Michael G. Laney by deed recorded in Denton County Clerk's Instrument Number (D.C.C.I.
No.) 1986-77231,Official Public Records,Denton County, Texas(D.R.D.C.T.), said 81.5532 acre
tract being all of a called 7.83 acre tract of land identified as "Tract-I", all of a called 51.53 acre
tract of land identified as "Tract-2", all of a called 1.21 acre tract of land identified as "Tract-
11"and all of a called 4.11 acre tract of land identified as "Tract-12"conveyed to David H Laney,
Trustee of the David H. Laney Trust, and as beneficiary of the Estate of Betty Curry Laney, Cause
No. IE-99-290, as filed in the Denton County Probate Court, Denton County, Texas, by Special
Warranty Deed recorded in D.C.C.I.No.2002-141489,O.P.R.D.C.T.,said 81.5532 being a portion
of a called 0.6074 acre tract identified as "Tract-1", all of a called 6.65 acre tract of land identified
as"Tract-3", a portion of a called 1.91 acre tract of land identified as"Tract-4", all of a called 1.34
acre tract of land identified as "Tract-5", all of a called 3.40 acre tract identified as "Tract-7", all
of a called 2.50 acre tract of land identified as "Tract-8", all of a called 1.23 acre tract of land
identified as "Tract-9", all of a called 1.29 acre tract of land identified as "Tract-10"conveyed to
David Hart Laney, Trustee of the David Hart Laney Trust by Special Warranty Deed recorded in
D.C.C.I. No. 2010-65312, O.P.R.D.C.T., said 81.5532 acre tract being a portion of a called 0.746
acre tract of land conveyed to David Hart Laney, Trustee of the David Hart Laney Trust by
Warranty Deed recorded in D.C.C.I. No. 2015-108591, O.P.R.D.C.T., said 81.5532 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING, at a "X" scribed in concrete set at the northwest property corner of the said 7.83
acre tract, same being the northeast property corner of a called 80.695 acre tract of land conveyed
to Pulte Homes of Texas, L.P., said beginning point being on the southwest right-of-way line of
McKinney Street,being a variable width public right-of-way;
THENCE along the northeast property lines of the said 7.83 acre tract and along the said southwest
right-of-way line of McKinney Street the following courses and distances; South 62°13'30" East,
137.55 feet to a 1/2"iron rod found; South 67°26'15" East, 128.27 feet to a 1/2"iron rod with a red
illegible cap found; South 70'01'55" East,232.42 feet to a 1/2"iron rod with a yellow illegible cap
found at the northeast property corner of the said 7.83 acre tract, same being the most northerly
northwest property corner of the said 51.53 acre tract;
THENCE along the northeast property lines of the said 51.53 acre tract and along the said
southwest right-of-way line of McKinney Street the following courses and distances; South
70°06'50" East, 83.66 feet to a 5/8"iron rod with cap stamped"SPOONER 5922" set, hereinafter
referred to as an iron rod set; South 70°54'41" East, 405.54 feet to a 1/2"iron rod found at the most
northerly northeast property corner of the said 51.53 acre tract, same being the northwest property
corner of a called 3.054 acre tract of land conveyed to Self Pet Kennel, Inc. by deed recorded in
D.C.C.I. No. 2011-56758, O.P.R.D.C.T.;
THENCE, South 03°33'59"West,along the east property line of the said 51.53 acre tract and along
the west property line of the said 3.054 acre tract, 704.43 feet to a 1/2" iron rod found at the
southwest property corner of the said 3.054 acre tract, same being the northwest property corner
of the said 6.65 acre tract;
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
THENCE, South 86°39'55" East, along the north property line of the said 6.65 acre tract and along
the south property line of the said 3.054 acre tract, 199.81 feet to a bolt found at the southeast
property corner of the said 3.054 acre tract, same being the southwest property corner of a called
4.7362 acre tract of land conveyed to Joy Longville by deed recorded in D.C.C.I. No. 2006-6946,
O.P.R.D.C.T.;
THENCE, South 86°32'00" East, continuing along the said north property line of the 6.65 acre
tract and along the south property line of the said 4.7362 acre tract, 433.36 feet to a 1/2" iron rod
found at the northeast property corner of the said 6.65 acre tract of land, same being the southeast
property corner of the said 4.7362 acre tract, said 1/2"iron rod found being on the west property
line of a called 47.267 tract of land identified as "Tract 6"conveyed to FSA & S Collin County,
LLC by deed recorded in D.C.C.I. No. 2015-129157,D.R.D.C.T.;
THENCE, South 03°26'21" West, along the east property line of the said 6.65 acre tract and along
the said west property line of the 47.267 acre tract, 345.44 feet to an iron rod set from which a 1/2"
iron rod found at the most easterly southeast property corner of the said 6.65 acre tract, same being
the northeast property corner of the said 1.91 acre tract,bears South 03°26'21" West 13.14 feet;
THENCE over and across the said 6.65 acre tract, 1.91 acre tract, the said 1.34 acre tract, the said
0.746 acre tract, the said 0.565 acre and the said 0.6074 acre tract the following courses and
distances; North 85°40'37" West, a distance of 262.32 feet to an iron rod set; South 04°19'23"
West, a distance of 243.74 feet to an iron rod set at the beginning of a curve to the left having a
radius of 172.50 feet; Along said curve to the left, an arc length of 20.20 feet, and across a chord
which bears South 00°58'04"West, a chord length of 20.19 feet to an iron rod set; South 02°23'16"
East, a distance of 291.04 feet to an iron rod set at the beginning of a curve to the left having a
radius of 272.50 feet; Along said curve to the left, an arc length of 48.88 feet, and across a chord
which bears South 07°31'35" East, a chord length of 48.81 feet to an iron rod set;North 77°20'06"
East, a distance of 235.59 feet to an iron rod set on the east property line of the said 0.6074 acre
tract, same being the said west property line of the 47.267 acre tract;
THENCE South 03°26'21" West, along the east property lines of the said 0.6074 acre tract, the
said 0.565 acre tract, the said 3.40 acre tract, the said 1.23 acre tract, the said 1.29 acre tract, the
said 1.21 acre tract, and along the said west property line of the 47.567 acre tract, 799.58 feet to a
1/2"iron rod with yellow cap stamped "4158"found at the southeast property corner of the called
1.21 acre tract, same being the most easterly northeast property corner of the said 4.11 acre tract;
THENCE, South 04°48'50" West, along the east property line of the said 4.11 acre tract and along
the said west property line of the 47.267 acre tract, 156.87 feet to USA Army Corps of Engineers
Concrete Monument with Brass Disc (COE MON) stamped "P250W" found at the southwest
property corner of the said 47.267 acre tract, same being a north property corner of a called
14,709.96 acre tract of land conveyed to the United States of America by deed recorded in Volume
411, Page 194, D.R.D.C.T.;
THENCE, along the southerly property lines of the said 4.11 acre tract and the said 51.53 acre
tract, same being the northerly property lines of the said 14,709.96 acre tract the following courses
and distances: South 01°14'01" East, 45.85 feet to a COE MON stamped "P249W"found at the
southeast property corner of the said 4.11 acre tract; South 89°08'34" West, 1,483.41 feet to a COE
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
MON stamped "P248W"found at the southwest property corner of the said 51.53 acre tract, same
being on the east property line of the said 80.695 acre;
THENCE, North 01°40'14" East, along the west property line of the said 51.53 acre tract, along
the west property line of the said 7.83 acre tract, and along the said east property line of the 80.695
acre tract,2,994.22 feet to the Point of Beginning containing 81.5532 acres (3,552,459 square feet)
of land more or less.
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
Exhibit B
Oversized Facilities
11
t
n
1
w 9 - •T �• -
�„ �� �������,'';1����� -err,-.��� � ✓;, 1 �Lr�
kf
1, 1
O
`:,,
\t�� �
ISM
a � y
I c rip'-^
� /� z�• old �l /�. � `. a •� ti °• �, r �° ty� c �,�1ti
Yy✓r �I -.~` a'� ry��� �. w.��n,s,y�a ���t � r� � C Fa$ t' �
K,� r) t °�
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7 N 8 9
SSA--
_
As
40
� �� �i i5�( �• ' h it ° - �\_
L
0 of
s do
owe
0< W
\ \U�2 zz
� O
IL
OP
O
I I
N
r
m
m _
v
W
WQ�=t
N o
I11 Sfl e$C�
L 1.H
O
5�� Zvi r w ��� i�rriiriisfr���r �vT-'
r 5 k= �
,Go t�s'g L3�. C"�..\t 4�t ti�� `�"4 i,^���✓o���.e�.�5 ii
\ o , ago fjM1 Flo\`
SSA. �� �' z.i i Z $ "•'4�\ �°,
I
z� �riL�lt��icf(� a�i�,�yt>��� t%• .
ti*\ �ti �o�
4a _
h �>
1
77 J01,
s_
� 4
�))�1� a\�1�Z\� �->�..•r�oiY � { t� as
1ti ti14`o�
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7 = ; -
- o
# 1016
II
Intill
l' 1
N �
ss— ss
■■■ i I I I�
I�
eF
r'
y
I
S ----
T.
EI -
1�t V ---�, —I
IIIca _
W N
40
>
x iF
m a
�I
� ss
v
' /
1 \l1
� / g
Lu
oIL
``.. C
N
0
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
Exhibit C
Estimated Cost of Required Facilities
12
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7 EXHIBIT C
Stella Hills Offsite Improvements
PRELIMINARY OPINION OF COST
February 7,2024
SUMMARY
City Cost Developer Cost Total Cost
Townsend Green LS Improvements $ 253,997.28 (100.0%) $ (0.0%) $ 253,997.28
Townsend Green Bypass $ 190,999.94 (100.0%) $ (0.0%) $ 190,999.94
Lift Station&Force Main $ 3,342,024.45 (79.1%) $ 883,038.06 (20.9%) $ 4,225,062.51
Onsite Upsizing $ 257,839.20 (100.0%) $ - (0.0%) $ 257,839.20
Offsite Water $ 319,743.59 (100.0%) $ - (0.0%) $ 319,743.59
Lake Ranch Interceptor $ 1,826,647.55 (95.6%) $ 84,071.64 (4.4%) $ 1,910,719.19
Sub-Total $ 6,191,251.99 (86.5%) $ 967,109.71 (13.5%) $ 7,158,361.70
Engineering&Surveying(12%) $ 742,950.24 (86.5%) $ 116,053.17 (13.5%) $ 859,003.40
Contingencies(10%) $ 619,125.20 (86.5%) $ 96,710.97 (13.5%) $ 715,836.17
Total Construction Cost $ 7,553,327.43 (86.5%) $ 1,179,873.85 (13.5%) $ 8,733,201.28
NOTES
This estimate is based on attached plans prepared by Foresite Group.
The tract is located within the City of Denton.
This estimate used the current water and sewer design criteria specified by the City of Denton.
This estimate is based on FGI's standard unit prices. Prices should be verified by a contractor.
Unit prices do not reflect rock excavation.
Unit prices for PVC water and sewer pipe do not reflect price volatility caused by material shortages or the
increased cost of petroleum products. Users of this estimate should contact suppliers or contractors for
unit price inquiries that match their construction timing.
Estimate does not include land cost, land maintenance, interest,HOA support,legal,financing, marketing,etc.
Impact fee credits are not included in the estimate.
This estimate does not include geotechnical testing or reports.
This estimate was prepared without the benefit of geotechnical data.
This estimate does not include tree survey or tree mitigations.
This estimate does not include environmental reports or wetlands determinations.
This estimate is based on LIDAR topographic data from TNRIS.
Off-site easement and Right-of-Way acquisition is the responsibility of the City.
The fees listed were provided by The City of Denton.
Water line includes all fittings,tees,crosses,etc.
Fire hydrant assembly includes all fittings,tees and valves.
Assumes all waterlines are less than 10'deep.
This estimate was performed without the benefit of a water model.
This estimate does not include cost to remove and relocate existing utilities.
This estimate assumes the sanitary sewer system is servicing approximately 375 acres with a single family
equivalent of 1,420 lots.
Additional erosion control may be required.
This cost estimate does not include engineering review fees.
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
Stella Hills Phase 1 Offsite Improvements
PRELIMINARY OPINION OF COST
February 7, 2024
Item Quantity Unit Unit Price TOTAL
TOWNSEND GREEN LIFT STATION IMPROVEMENTS&FORCE MAIN TO TOWNSEND GREEN
Remove/Replace Pumps 2 EA $ 59,500.00 $ 119,000.00
Upgrade Electrical Panels 1 LS $ 34,500.00 $ 34,500.00
4"Force Main 1260 LF $ 70.00 $ 88,200.00
Connect to Existing Manhole 1 EA $ 3,708.00 $ 3,708.00
Inspection Fee 3.5% % $ 245,408.00 $ 8,589.28
Sub-Total $ 253,997.28
TOWNSEND GREEN BYPASS
12"SDR-26 PVC Pipe 315 LF $ 168.00 $ 52,920.00
4'Diameter Manhole 1 EA $ 9,303.00 $ 9,303.00
Trench Safety 315 LF $ 1.00 $ 315.00
TV,Air, Mandrel Testing(Excluding Geotech Testing) 315 LF $ 4.00 $ 1,260.00
Inspection Fee 3•5% % $ 63,798.00 $ 2,232.93
Sub-Total $ 66,030.93
LIFT STATION&FORCEMAIN
Lift Station 1 EA $ 2,600,000.00 $ 2,600,000.00
12"Force Main 3010 LF $ 210.00 $ 632,100.00
Connect to Existing Manhole 1 EA $ 4,358.00 $ 4,358.00
18"Encasement by Bore 50 LF $ 934.00 $ 46,700.00
Trench Safety 3,010 LF $ 1.00 $ 3,010.00
Hydrostatic Testing 3,010 LF $ 2.00 $ 6,020.00
Inspection Fee 3•5% % $ 3,292,188.00 $ 115,226.58
Sub-Total $ 3,407,414.58
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
ONSITE UPSIZING
8"SDR-26 PVC Pipe 250 LF $ 98.00 $ 24,500.00
10"SDR-26 PVC Pipe in lieu of 8"SDR-26 PVC Pipe 1040 LF $ 37.00 $ 38,480.00
12"SDR-26 PVC Pipe in lieu of 8"SDR-26 PVC Pipe 930 LF $ 56.00 $ 52,080.00
15"SDR-26 PVC Pipe in lieu of 8"SDR-26 PVC Pipe 630 LF $ 80.00 $ 50,400.00
End and Plug 1 LF $ 2,732.00 $ 2,732.00
5'Diameter Manhole in lieu of 4'Diameter Manhole 1 EA $ 6,128.00 $ 6,128.00
Cleanout 1 EA $ 3,882.00 $ 3,882.00
12"Encasement by Bore 50 LF $ 984.00 $ 49,200.00
Inspection Fee 3.5% % $ 227,402.00 $ 7,959.07
Sub-Total $ 235,361.07
OFFSITE WATER
12"AWWA C900 PVC Pipe 1,140 LF $ 149.00 $ 169,860.00
6"Gate Valve 1 EA $ 2,643.00 $ 2,643.00
12"Gate Valve 2 EA $ 5,029.00 $ 10,058.00
Fire Hydrant Assembly 1 EA $ 7,673.00 $ 7,673.00
18"Encasement by Bore 50 LF $ 1,326.00 $ 66,300.00
Connect to Existing Water Line 1 EA $ 2,806.00 $ 2,806.00
12"x12"Tapping Sleeve and Valve 1 EA $ 16,246.00 $ 16,246.00
Remove and Replace Driveway 75 SY $ 399.00 $ 29,925.00
Trench Safety 1,140 LF $ 1.00 $ 1,140.00
Hydrostatic&Chlorination Testing(Excluding Geo.Test) 1,140 LF $ 2.00 $ 2,280.00
Inspection Fee 3.5% % $ 308,931.00 $ 10,812.59
Sub-Total $ 319,743.59
Phase 1 Sub-Total $ 4,282,547.45
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
Stella Hills Phase 2 Offsite Improvements
PRELIMINARY OPINION OF COST
February 7, 2024
Item Quantity Unit Unit Price TOTAL
LAKEVIEW RANCH INTERCEPTOR
Clearing and Grubbing 2.5 ACRE $ 5,597.00 $ 13,992.50
30"FRP Pipe 1900 LF $ 550.00 $ 1,045,000.00
6'Diameter Manhole 7 EA $ 31,986.00 $ 223,902.00
Connect to Existing Manhole 1 EA $ 6,211.00 $ 6,211.00
42"Casing by Bore 150 LF $ 1,978.00 $ 296,700.00
16"Casing by Bore 150 LF $ 981.00 $ 147,150.00
Remove and Replace Concrete Pavement 50 SY $ 483.00 $ 24,150.00
Inverted Siphon 1 EA $ 80,000.00 $ 80,000.00
Silt Fence 3000 LF $ 3.00 $ 9,000.00
Inspection Fee 3•5% % $ 1,846,105.50 $ 64,613.69
Sub-Total $ 1,910,719.19
TOWNSEND GREEN BYPASS
12"SDR-26 PVC Pipe 440 LF $ 168.00 $ 73,920.00
4'Diameter Manhole 3 EA $ 9,843.00 $ 29,529.00
Modify Existing Manhole 1 EA $ 3,398.00 $ 3,398.00
Abandon Lift Station(in-place) 1 EA $ 11,696.00 $ 11,696.00
Trench Safety 440 LF $ 1.00 $ 440.00
TV,Air, Mandrel Testing(Excluding Geotech Testing) 440 LF $ 4.00 $ 1,760.00
Inspection Fee 3•5% % $ 120,743.00 $ 4,226.01
Sub-Total $ 124,969.01
LIFT STATION&FORCEMAIN
Install Pumps 2 EA $ 59,500.00 $ 119,000.00
12"Force Main 2900 LF $ 210.00 $ 609,000.00
Connect to Existing Manhole 1 EA $ 4,898.00 $ 4,898.00
Remove and Replace Concrete Pavement 50 SY $ 968.00 $ 48,400.00
Trench Safety 2,900 LF $ 1.00 $ 2,900.00
Hydrostatic Testing 2,900 LF $ 2.00 $ 5,800.00
Inspection Fee 3.5% % $ 789,998.00 $ 27,649.93
Sub-Total $ 817,647.93
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
ONSITE UPSIZING
8"SDR-26 PVC Pipe 160 LF $ 117.00 $ 18,720.00
End and Plug 1 LF $ 2,998.00 $ 2,998.00
Inspection Fee 3.5% % $ 21,718.00 $ 760.13
Sub-Total $ 22,478.13
Phase 2 Sub-Total $ 2,875,814.26
DocuSign Envelope ID: 1 F8E43A4-04EF-42CC-8575-A7AF7BD71 DC7
Exhibit D
Phasing of Facilities
Items that must be completed prior to issuance of a building permit in Developer's first phase of
development:
• Full Wet Well
• Pumps for Phase 1 to pump to Townsend Green and connect to Townsend Green
sewer system
• Construct headworks for Phase 1 pumps and ultimate condition pumps
• 12" force main through development to north side of McKinney
• Construct Townsend Green Bypass to common property line
Items that must be completed prior to issuance of a certificate of occupancy in Developer's
second phase of development. If items below are incomplete but Developer is otherwise able to
acquire a certificate of occupancy from the City, the City will allow the Developer to provide, at
Developer's expense,pump and haul services in order to receive certificates of occupancy.
• Extend force main to Grissom/McKinney
• Construct Lakeview Ranch Interceptor
• Install ultimate pumps at lift station
• Construct remainder of Townsend Bypass from common property line to Townsend
Green lift station, then decommission Townsend Green lift station
13