OPA23-0001ORD[NANCE NO. OPA23-000 1
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
OVERSIZE COST PARTICIPATION AGREEMENT WITH DENTON ICC 35, LLC, FOR THE
CONSTRUCTION OF AN 18” WASTEWATER MAIN FOR THE WATER
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (DENTON ICC 35, LLC, IN THE NOT-TO-EXCEED
AMOUNT OF $324,720.00).
ur[LmES
WHEREAS, DENTON ICC 35, LLC, a Delaware limited liability company (the
“Developer”) is the owner of a 72.97 acre industrial park located on the west side of the 1-35
freeway just north of the 288 Loop and south of FM 1173 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, as part of these Required Facilities, Developer is proposing to construct a
wastewater main within the Property, and Developer is proposing to increase the capacity of the
wastewater main for the Water Utilities Department; and
WHEREAS, the Required Facilities, specifically the wastewater main, show additional
developable land that will also be served by this wastewater main, the City is therefore motivated
to provide proportionate and reasonable capacity costs to expand its utility system and ensure
adequate utility service to other customers; and
WHEREAS, Subchapter C, Section 212 of the Texas Local Government Code authorizes
the City to cost participate with a developer of a subdivision or land to construct public
improvements related to the development; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:f
SECTION 1. The recitals contained in the preamble of this ordinance are hereby
incorporated into the body of this ordinance are true and correct.
SECTION 2. The City Manager, or their designated representative, is hereby authorized to
execute the written contract which is attached hereto and incorporated herein as Exhibit B .
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the written contract attached hereto and incorporated herein as
Exhibit B.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by . and
tSr , no t 4l4
seconded by b.'.„ i> ., bk,t h c Gf c . This ordiy thefollowing vote n- A:
Aye
J1Z
IZr/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, 26l-d,„ ,f - +?„-\her 2023
A{#Z=;oR
ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\\\\11111111
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
Hilary Negron
2023.09.2 1
10:10:52 -05'OO'
DUAL OBLIGEE RIDER
Rider adding additional Obligee after execution of Bond.
TO BE ATTACHED TO AND FORM PART OF Performance Bond
Bond No. 54-246030 issued by United Fire & Casualty Company, a corporation, as Surety, on the 8th day of
August, 2022 on behalf of Rumsey Construction, Inc. as Principal in favor of City of Denton, TX as
Obligee
WHEREAS. upon the written request of the Principal and Obligee the attached bond(s) is (are) hereby
amended to add Denton ICC 35, LLC m an
additional Obligee.
It is hereby understood and agreed that the above-described bond(s) is (are) hereby amended to include
the following:
Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the
Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them,
shali make payments to the Principal, or to the Surety in case it arranges for completion of the Contract upon
default of the Principal, strictly in accordance with the terms of said Contract as to payments. and shall perform
all the other obligations required to be performed under said Contract at the time and in the manner herein set
forth
In no event shall the liability of the Principal and the Surety to the Obligees, or either of them, in the
aggregate. exceed the penal sum stated in the attached bond.
IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to
change. alter or vary the terms of the above-described bond(s) except as hereinbefore set forth.
Signed, sealed and dated this 17th day of May, 2023
ACCEPTED
Princip
Page 1 of 2
DEVELOPER:
DENTON ICC 35, LLC, a Delaware limited liability company
By: DENTON COMMERCE CENTER MANAGER, LLC,
a Delaware limited liability company
ES, LLC,By: CLX
a Delaware lim@ liability comp3ry
',h/A J /Jra
&]agYD
Title:
STATE OF TEXAS §
COUNTY OF DENTON §
Thi, i„h„m,„tw„ „k.,wI,dg,d b,f„e m, ,„ th, dOd d,y ,f &p+,mb&r , 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.
$
SAI
Not8ry PubIIc. St8te of Tens
Comm. Expires 0S22-2026
Notary ID 5712909
Notary Public, in and for the State of Texas
Page 2 of 2
!!Ha UNITED FIRE & CASUALIY COMPANY. CEDAR RAPIDS. IA
[rNITIID FIRE & rNI)rMN frY COMPANY, WEBSTIX, TX
FINANCIAL PACIFIC INSURANCE COMPANY. LOS ANGELES. CA
CER'l'lfIFr) COPY OF POWER OF ATrORN liT
(original on file at llama Office of Company - See Canification)
Inquiries: Surety Deparanent
118 Second Are SE
Cedar Rapids, IA 52401
KNO\\' ALL PERSONS BY THESE PRESENTS. That United Fire & Casualty Company. a c04nnhon duly organized ard existing under the hu-s
of the State of lo\va; United Fire & Indemnity Company. a corjDration duly organized and existing rmdu the la\vs of the State of Texas; and Financial
Pacific Insur,Ince Company, a corporation duly organized and existing urdu the laws of the State of Califomta (herein colluuvely called the
Comp&nis), and having thUr corporate headluaLus in CHar Rapids, State of Iowa, dna make, constitute and aplx)ill
JOHN WILLIAM NEWBY. TROY RUSSELL KEY. DEBRA LEE MOON. SANDRA LEE RONEY. ANDREA ROSE CRAWFORD. MARLA
HILL. HOWARD COWAN. COLIN E. CONt_Y. JOHN R. WARD, THOMAS DOUGLAS MOORE. ALLYSON W. DEAN. NDNICA RUBY
VEAZEY. EMILY ALLISON MIKESKA, ANDREW GARETH ADDISON. PATRICK THOMAS COYLE, MICHAEL DONALD
HENDRICKSON. BRYAN KELLY MOORE. ELIZABETH ORTIZ. ANA OWENS. BETTY J. REEH. EACH INDIVIDUALLY
their true and la\\luI Aaonhv(sFm-Fact with power and authority llueby wnfened to sign, saIl and execute in its behalf all lawful bonch.
unduQkrugs arId odra obligatory bbuuureuts of simil;Ir nature provided that no single obligatiou dull exceed $20,(m,cxx) . CD
and to bind the ComFurucb tbueby as fully and to the mine extent as if such hrsUrxuans \\'we signed by tIle duly authorized officers of the Corulxude,
alld all of the ach of said Attonley, pursuarH to the authority llereby given arId Ircnby ratified and connrnred.
Tbc Audnnry hacby granted Iq contInuous and shall remaIn in full force and effect until revoked by United Fire & Cmuak}- Company, llnitcd Fire &
Indcmnit} Company, und Financial Pacific Insurance C’ornpan)
IIb Po\\’er of Attomey is made and executed pusuant lo and by authorny of the fOllOWIng byla tv duly adopted by the Boards ofDLrwtors of United
Fire & C'asualty Company. United Fin & Indcnrnity Company, and Financial Pacific Insurance Comp,ray,
''Arddc \’1 - Surety Bonds and tTadertakbrgs”
SectIon 2, Appllmlmcnt of Atbmc}.ul.I'xt ullre Prt-bidart oran) \’Ice President or my othaofncer of the C’unpanics may, from time to Ime. q)poInt by walters certIficates
auorney$-m.£lct to act in behalf of the Cumpnries in the executIon of policIes of insurance, tunds, uxleruUngs ard other obIIgatory lnsU\ments of IIke wrture. llle \igIuture
oFany nfncer luaturi7cd hereby, md the Corporate \cal, n tay tx: aiR lai by facsimile to any Fun cr of artomcy or special pnn-er of albrucy orcenifica lion uf clrher duthon /eJ
heIdi): such SIgnature lind waI, uhcn \u used. beIng adopted b) the C'ompdnies ds the orignul ,i&nature of such alncer und the onglndl bull of ale Comlnnies, to be \dIni
and bindIng alun the Compauu WIth the same force and effect b though manually affixed_ Such anorne}s.h-fxr. subject to the lknluron, set of forth in their respccn\-e
cent at'IIes of authorIty \hall hd\ c full fun n to bInd the Camp&lies b) theIr SIgnature and execution of any such In\trumenb arxJ to ot13ch the seal Ihc Ct)mpunlc\ thereto
IIlo Pn5rdau or iny \’ice 1lresIdent, the Board ofDlncDn or my other officer of the Compmies Inay at aly time revoke all potvcr and auatoriry prevIOUSly given to aly
attorncy.In't&,'t
IN WITNESS V\TIFRFOF, tIte COMPANIES have each caused thaw presenK to be signed by ib
3rd day of December , 2019vice Dresideut and its corFnrate seal to tv huao affixed aris
[rNITED FIRE & CASt IAl'TY COMPANY
UNI'ITD FIRE & INDEMNI'IIF C'OMIIAN y
1=1NANCIAl' PACIFIC INSt IRANCF CONIPANT
State of Iowa, County ofl.irIrr, ss-
On 3rd day of Decernber , 2019, before me personally came Dennls J. Rlchmann
to Inc known. \rho being by me duly s\rom, did depose and say; that he rcsidw in Cedar Rapids. State of low’a; that he is a Vice Prtbidur[ of United Fire
& Cnualty Company, a Vice Praident of Unitai Fire & Indemnity Company, and a Vice Pruidurt of Financial Pacific Insunince Company the
corTxrrdtions dbcribed in and which e\eculed the dRIve instrument; that he knows the ball of said corlxrrations; that the seal afTixed to the said insuunl,IIt
is such co4umte seal; that it was so afFLxed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto
pursuant to llke 3uthonty. Ini acknowledge, same to be the act and deed of sold corporations.
b
Public
clpir6: 4Q3/20:4
I. MIr) A Bench. Assistant SCCNtary of United Fire & Casualty Company and AssIstant Secret,la of llnitcd Fire & Indunnity Company . and Assistant
Sccnhu} of Fu13nci3i Pacific InstLrancc L'ornpiuly. do hereby calif)’ that I have compared the foregoing copy of the Pa\yu of Auumcy und ufTiduvit. .,Ii,I
the top) of the Scbtioll tIf the bylaws mId resttlutlon!, of saId CorporatIons as set forth in said Ptiwuof Attorney. with the ORIGINAI.S kJ\
FII I’ IN TIll- llONIF OFFICF OF SAiDCORf\)RATioNS, and that the same are correct Uunscripb thermf. and of the whole of are \did
origulals. ald Olin are saId Po\ver of Attonlw has not bear revoked arId is no\v in full force ald effect
In testimony whereof I have IBrcuuto subscnt>ed IIly nunc and afFLxed the corporate seal of the said Corrnnrtious
this 17th ay of Mav , 20 23
-y: VI%% AAaAssistant SLxrcUrry,tIF&C & trF&l & FPIC'
BPOA{}tH') 1217
United Bre & Casualty Company
UnIted Hra & Indunn4y Company
nnanciaJ PacIfIc Insurance Company
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may call United Fire Group’s toll free telephone number for information or to make a complaint at:
800-343-91 30
You may also write to United Fire Group at:
United Fire Group
Ann: Surety Department
P.O. Box 73909
Cedar Rapids, IA 52407-3909
-or street address-
United Fire Group
Ann: Surety Department
118 Second Avenue SE
Cedar Rapids, IA 52401
You may contact the Texas Department of Insurance to obtain information on companies, coverages,
rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
Consumer Protection ( 111-IA)
P.O. Box 149091
Austin. TX 78714-99091
Fax: (512) 490-1007 Web: wmv.tdi.texas.gov
Email: ConsumerProtection@tdi.texas.gov
Premium or Claim Disputes:
Should you have a dispute concerning your premium or about a claim, you should contact United Fire
Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become
a part or a condition of the attached document and is given to comply with Section 2253.02 1,
Governmental Code, and Section 53-202, Property Code.
HOME OFFICE: 118 Second Avenue SE 1 PO Box 73909 1 Cedar Rapids. Iowa 52407-3909 1 P: 800-332-7977 1 F: 319.286-2520 1 wv/w.ufgins.com