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RES 1995-01RESOLUTION 95-01 P E A by RESOLUTION 96-30 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 095-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING AN AGREEMENT BY AND BETWEEN THE TOWN AND BECK PROPERTIES, INC. FOR THE USE OF A WATER LINE ALONG TROPHY CLUB DRIVE BY BECK PROPERTIES, INC. FOR IRRIGATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does hereby approve, adopt and agree to enter into a Water Line Agreement by and between the Town and Beck Properties, Inc. for the use by Beck Properties, Inc. for irrigation purposes of a water line running along Trophy Club Drive from the entrance to The Club at Trophy Club to State Highway 114. A true and correct copy of the said Agreement is attached hereto and incorporated herein Section 2. The Mayor of the Town is hereby authorized, empowered and directed to execute the said Agreement on behalf of the Town of Trophy Club. Section 3. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the � 7 t. i, day of ,-rap „ a r y , 1995 . , Town of Trophy Club, Texas ATTEST: J!z741 Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: 4e oAttorney, Town of Trophy Club, Texas STATE OF TEXAS § § WATER LINE AGREEMENT COUNTY OF DENTON § This Agreement is entered into this the 17 t h day of January , 199 5 by and between the Town of Trophy Club, Texas (the "Town") and Beck Properties, Inc. ('Beck"). WHEREAS, the Town of Trophy Club, Texas owns a three (3) inch water line (the "water line") running along Trophy Club Drive from the entrance to The Club at Trophy Club to State Highway 114 and as shown on the diagram attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, Beck has a need to tie into the said water line for the purpose of irrigating property (the "Property") owned by Beck and located along the Trophy Club Drive between the entrance to The Club at Trophy Club and State Highway 114 and as shown on Exhibit "A"; and WHEREAS, Beck intends to develop the Property and desires, as plans are approved by the Town for such development, to add additional points of tie-in to the water line for the purposes of using the water therefrom for purposes of irrigation only; and Now, therefore, for and in consideration of the mutual promises, covenants and conditions contained herein and other good and valuable consideration, the Town of Trophy Club, Texas and Beck Properties, Inc. do contract and agree as follows: Section 1. The above and foregoing premises are true and correct and are incorporated herein in their entirety. Section 2. The Town agrees that Beck shall be allowed to use the 3 inch water line shown on Exhibit "A" attached hereto in accordance with the following terms and conditions: A. The Town shall provide a tap or tie-in to the water line shown for Beck at a point to be determined by the Town. At the point of the tap or tie-in, a water tap and water meter shall be installed. Beck shall pay the Town for all charges relating to the tap and setting of the water meter (together with all impact fees), which charges are estimated, as of the date of this Agreement, to be $5,472.79. B. Beck shall use the water provided through the water line for irrigation purposes only (e.g., watering of grass, plants, shrubs, trees, etc.) of land located contiguous and adjacent to Trophy Club Drive. C. From time to time, Beck may desire to add additional points of tie-in to the water line. At such time, the Town and Beck shall agree on the location of such points, and the use of any water from those additional points of tie-in shall be subject to all of the terms and conditions of this Agreement. D. The Town shall maintain the water line, together with all pipes that provide water for irrigation purposes to the medians located within Trophy Club Drive. -1- E. Beck shall pay to the Town, or to the appropriate person or entity as the Town may direct, all charges for water service. Such payments shall be made promptly and in accordance with the rules and regulations of the water district providing the water, and for that purpose such rules and regulations are incorporated herein by reference. In the event of non- payment by Beck or the violation of any of the said rules and regulations, the Town shall have the right to remove the tap and water meter immediately and without notice to Beck. Section 2. This Agreement may not be conveyed, assigned or otherwise transferred by Beck without the prior written approval of the Town. Section 3. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. Section 4. This Agreement represents the entire and integrated agreement between Town and Beck and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Town and Beck. Section 5. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. This Agreement shall be performable and all compensation payable in Dallas County, Texas. Venue under this Agreement lies in Denton County, Texas. Section 6. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. EXECUTED as of the day and year first written above. TOWN OF TROPHY CLUB, TEXAS ATTEST: BECK PROPERTIES, INC. James P. By:- ,� . �_ 1L Town Secretary, Town of Trophy Club, Texas -2- __ Jeff rev L. Beck (printed name) Its:_ Pr P.4 i('Pn J". Z a 1. I Q 1.0 Kj;- O.;W0 0 0. w L 0 #A Me - a /I