HomeMy WebLinkAboutContract 31939 (DI I T'Y SEC R1 ETA R tC
T
CONTRAG
AGREEMENT BETWEEN THE CITY OF FORT WORTH, AQUA UTILITIES, INC.
AND THE RESORT AT EAGLE MOUNTAIN LAKE, L. P.
TO PROVIDE SUPPLEMENTAL TREATED WATER SERVICE
ON A TEMPORARY BASIS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT (the "Agreement") made and entered into as of the day of
-AILIK-1 2005 by and between the City of Fort Worth, a municipal corporation located in
Tarrant, Wise and Denton Counties, Texas, acting by and through its duly authorized city
manager, Charles Boswell, hereinafter referred to as "Fort Worth"; Aqua Utilities, Inc., acting
herein by and through its duly authorized vice president, Robert Laughman, hereinafter referred
to as "Customer"; and The Resort at Eagle Mountain Lake, L. P., acting herein by and through
its duly authorized general partner, Pars Investments, Inc., acting herein by and through Mehrdad
Moayedi, its duly authorized president, hereinafter referred to as "Developer".
WITNESSETH:
WHEREAS, Fort Worth has obtained at its own expense, and now owns, operates and
maintains facilities for processing and distributing a supply of surface water, and at the present
time is authorized to furnish and deliver treated water both inside and outside the corporate
boundaries of Fort Worth;
WHEREAS, Developer is the developer of a 528-acre subdivision located within the
extraterritorial jurisdiction of Fort Worth in Tarrant County, Texas as shown on Exhibit "A" and
described in Exhibit "B" attached hereto and incorporated herein by reference, including
approximately 70 existing residential dwellings, said subdivision being hereinafter referred to as
"The Resort" and being located within Fort Worth's Northside Pressure Plane 111;
WHEREAS, Customer is the holder of Certificate of Convenience and Necessity No.
11908 pursuant to which it is obligated to provide a continuous and adequate supply of retail
water to The Resort and currently serves The Resort with groundwater from two wells;
WHEREAS, as one of the alternatives for obtaining a source of water to serve its retail
customers within The Resort, Customer is in the process of drilling two additional wells, which
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are expected to be completed during summer 2005; ...
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WHEREAS, Developer has asked Fort Worth, and Fort Worth has agreed, to provide a
temporary supplemental water supply for The Resort while Customer drills and develops such
wells to provide a continuous and adequate supply of water to The Resort;
WHEREAS, Fort Worth, Customer and Developer have reached a mutually satisfactory
agreement by which Customer may purchase treated water from Fort Worth at a reasonable rate
on a temporary basis to supplement Customer's supply as needed during the drilling and
development of its two water supply wells;
WHEREAS, Tarrant County, at Developer's request, has created The Resort on Eagle
Mountain Lake Local Government Corporation and a Public Improvement District ("PID") for
the purpose of issuing bonds for the construction of water transmission mains, sanitary sewer
collection facilities, streets and storm drains, as well as levying assessments against the property
within The Resort in order to redeem such bonds;
NOW THEREFORE, KNOW ALL BY THESE PRESENTS:
That, for and in consideration of the mutual covenants, promises and agreements
contained herein, Fort Worth, Customer, and Developer do hereby covenant and agree as
follows:
1.
DEFINITIONS
1.1 "Customer System" is all necessary Customer mains and distribution facilities on
Customer's side of the meter, from and beyond the point of delivery of treated water by Fort
Worth.
1.2 "Customer Storage Tank" is the storage tank for The Resort owned by Customer,
as shown on Exhibit "C" attached hereto and incorporated herein by reference.
1.3 "Director" is the Director of the Fort Worth Water Department or the Director's
designee.
1.4 "Fort Worth System" is Fort Worth's water treatment and distribution system.
1.5 "Point of Delivery" is the meter vault connection to Customer's side of the meter
installed by Customer in accordance with Article 3, as reflected in Exhibit "C" attached hereto
and incorporated herein by reference.
1.6 "Policy" is the "Policy for the Installation of Community Facilities" adopted in
March 2001 by the Fort Worth City Council, as such may change from time to time
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2.
TERMS AND CONDITIONS
2.1 Fort Worth agrees to furnish and sell to Customer supplemental treated water on a
temporary basis that is of potable quality meeting all applicable governmental standards,
delivered under the normal operating pressure prevailing in the Fort Worth System at the Point
of Delivery on the terms set out below. Customer agrees to accept delivery under the conditions
of this Agreement and to pay for the same in accordance with the terms herein.
2.2 In accordance with the terms of Fort Worth City Secretary Contract No. 12721,
between Fort Worth, City of Arlington, City of Mansfield, Trinity River Authority and the
Tarrant County Water Control and Improvement District No. 1, now known as the Tarrant
Regional Water District, this Agreement shall be deemed subordinate in all respects to the water
requirements of the above contracting parties as specified in section 3 of that Contract No.
12721.
2.3 If Fort Worth shall ration the use of water throughout its corporate limits or issue
water conservation measures or restrict the use of water in any way, Fort Worth shall notify
Customer, who shall immediately institute and apply the same rationing, conservation measures,
or restrictions to the use of water by its customers within The Resort. After notice, failure of
Customer to institute such rationing, conservation measures, or restrictions shall entitle Fort
Worth to cease delivering water under this Agreement without further notice,
2.4 Fort Worth has twenty-eight (28) uniform wholesale contracts whereby treated
water is delivered to wholesale customers, This Agreement shall be subordinate to such uniform
wholesale contracts. If Fort Worth experiences water supply or delivery issues to the Northside
Pressure Plane III, Fort Worth may interrupt delivery of treated water under this Agreement until
such water supply and/or delivery issues are resolved. Developer and Customer waive any claim
that either may have that might arise out of any such interruption in service.
3.
LOCATION, INSTALLATION AND MAINTENANCE
OF MEASURING DEVICE
3.1 All water furnished under this Agreement by Fort Worth shall be measured by a
standard three-inch (3") meter purchased from Fort Worth. The meter shall be installed at the
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location shown on Exhibit "C" and shall not be moved or relocated except by the written
agreement of Fort Worth and Customer. Customer shall pay all costs for acquisition and
installation of the meter vault and all metering equipment, Fort Worth will pay all costs
associated with operation, maintenance and repair of the meter. Installation and maintenance of
the Customer System shall be Customer's responsibility.
3.2 Fort Worth shall test the meter for accuracy at least once during each calendar
year during the term of the Agreement and shall calibrate if necessary. Copies of the results of
such calibration and all related information shall be provided to Customer. Customer shall have
access to the metering facilities at all reasonable times; provided, however, that any reading,
calibration or adjustment to such metering equipment shall be done by employees or agents of
Fort Worth or other mutually approved third party calibration agent, in the presence of
representatives of Customer and Fort Worth, if so requested by Customer. Notification of any
proposed test shall be provided to Customer at least seventy-two (72) hours prior to such test
being conducted and Customer may observe such test, if so desired.
3.3 If the meter used to determine the flow of treated water to Customer is out of service
or out of repair so that the amount of water metered cannot be ascertained or computed from the
reading thereof, the water delivered during the period the meter is out of service or out of repair
shall be estimated upon the extrapolation of past patterns of flow for said metering station under
similar conditions.
4.
METER READING, BILLING AND PAYMENT
4.1 Fort Worth will read the meter provided for herein at monthly intervals, and Fort
Worth and Customer shall have free access to read the meter daily, if either so desires. It shall
be the duty of Fort Worth and Customer to give immediate notice, each to the other, should the
meter be found not functioning properly, and, upon such notice, Fort Worth shall promptly repair
the meter.
4.2 All data obtained from meter readings will be maintained by Fort Worth in its
usual and customary manner. Customer shall have access to such records during reasonable
business hours and shall be furnished with monthly readings for the Point of Delivery,
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4.3 Bills for water service shall be rendered to Customer monthly by Fort Worth,
stating the amount of water purchased, the rate per thousand gallons, and the total charges due.
All such bills shall be due and payable by Customer not more than thirty (30) days from the
billing date. The bills will show current charges, as well as past-due charges, if any. Past-due
charges shall be the total amount unpaid from all prior billings as of the current billing date.
Payments received by Fort Worth shall first be applied to the past-due charges, if any, and
thereafter to the current charges.
4.4 In the event there is a dispute regarding a bill, Fort Worth and Customer will use
their best good-faith efforts to resolve the dispute. In the event the dispute can-not be resolved,
either Party may institute proceedings in a court of competent jurisdiction located in Tarrant
County, Texas. Dispute of a bill shall not be grounds for non-payment. In the event a payment
is not paid as specified in this Agreement, a finance charge of ten percent (10%) per annum will
be calculated from the date that the payment was required to be made. In the event that a billing
adjustment is agreed upon or established by final decision of a court, including appeals, if any,
the amount found to be incorrect will be credited to Customer's account together with an interest
charge of ten percent (10%) per annum calculated from the date payment of the disputed bill was
received.
5.
VOLUME AND CHARGES
5.1 The maximum amount of treated water to be delivered hereunder shall not exceed
300 gallons per minute and shall be limited by system design based on a three-inch (Y) meter.
5.2 The agreed rate to be charged for water service during the term of and pursuant to
this Agreement is $2.13 per thousand gallons and is set forth, along with the agreed formula that
the parties used to calculate the rate, on Exhibit "D" which is attached hereto and incorporated
herein to this Agreement.
5.3 Customer agrees, throughout the term of this Agreement, to fix and collect such
rates and charges for water service to be supplied as will produce revenues in an amount equal, at
least, to all of its operation and maintenance expenses and capital costs of the Customer System,
including specifically its payments under this Agreement.
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6.
USE OF WATER
Customer acknowledges that the treated water to be provided hereunder shall only be
used as a supplemental water supply for Customer's use within The Resort and shall not be
used, transported or distributed to any other areas where Customer may have authorization to
provide treated water service. Customer agrees that it will not share facilities for water system
use outside of The Resort with any other person or entity. The sharing of water by Customer to
areas or entities outside The Resort shall entitle Fort Worth to terminate this Agreement upon 24-
hours notice.
7.
EFFECTIVE DATE OF CONTRACT
The effective date of this Agreement shall be the date that Customer is first capable of
withdrawing water from the Fort Worth System.
8.
CROSS CONNECTIONS
Prior to the delivery of any water by Fort Worth pursuant to this Agreement, Customer, at
its sole cost and expense, shall install a backf.low prevention device approved by the Texas
Commission on Environmental Quality immediately after the meter on Customer's side, as
reflected in Exhibit "C".
9.
IMPACT FEES
Because this Agreement is for the temporary provision of treated water on a supplemental
basis, payment of impact fees for connections within The Resort is not required as a condition to
execution of this Agreement.
10.
WATER QUALITY
10.1 Fort Worth shall deliver water that meets all state and federal water quality
requirements to the Point of Delivery. Fort Worth makes no representation that the tf6iWd wader .............
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to be delivered to Customer will properly mix with water that Customer obtains from other
sources. Customer assumes all responsibility and liability for any combining or mixing of water
delivered by Fort Worth that is combined or mixed with water from Customer's other sources.
Fort Worth's sole responsibility is to provide to Customer water of a quality that meets state and
federal drinking water standards at the Point of Delivery. From the Point of Delivery on,
Customer is solely responsible for meeting state and federal drinking water quality standards.
10.2 Customer assumes all liability and responsibility for water after passing through
the meter, including but not limited to liability for mixing, transportation and quality of water.
11.
OWNERSHIP, LIABILITY and INDEMNIFICATION
11.1 No provision of this Agreement shall be construed to create any type of Joint or
equity ownership of any property or any partnership or joint venture, and Customer payments
(whether past, present, or future) shall not be construed as granting Customer partial ownership
of,pre-paid capacity in, or equity in the Fort Worth System.
11.2 Fort Worth takes the responsibility as between the parties hereto for the proper
treatment, transportation, and delivery of all water provided hereunder to the Point of Delivery
and, upon passing through the Point of Delivery, liability for the mixing, transportation and
delivery of water to its retail customers shall pass to Customer.
11.3 Contracts made and entered into by Customer, Developer or Fort Worth for the
construction, reconstruction or repair of any of Customer's water lines or other facilities on
Customer's side of the Point of Delivery shall include the requirement that the independent
contractor(s) must provide adequate insurance protecting Customer, Developer and Fort Worth
as co-insureds. Such contract must also provide that the independent contractor(s)shall covenant
to indemnify, hold harmless and defend Customer, Developer and Fort Worth against any and all
suits or claims for damages of any nature arising out of the performance of such contract in a
form similar to section 11.4 below.
11.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER. AND
DEVELOPER AGREE TO INDEMNIFY AND DEFEND FORT WORTH, ITS OFFICERS, ELECTED
OFFICIALS, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CONTRACTORS, SUCCESSORS
AND ASSIGNS (COLLECTIVELY, "INDEMNITEES") WITH REGARD TO ANY AND A MTff7,$...........
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LOSSES, DAMAGES, LIABILITIES, LIENS, FINES, SUITS, JUDGMENTS, ADMINISTRATIVE
PROCEEDINGS, REMEDIATION OR CORRECTIVE ACTION REQUIREMENTS, ENFORCEMENT
ACTIONS, AND ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH (INCLUDING,
BUT NOT LIMITED TO, ATTORNEYS' FEES AND EXPENSES, INCLUDING THOSE INCURRED BY
FORT WORTH IN ENFORCING THIS INDEMNITY), DIRECTLY OR INDIRECTLY ARISING OUT OF,
CAUSED BY OR RESULTING FROM (IN WHOLE OR IN PART) ANY BREACH OF THIS AGREEMENT
OR ANY CONNECTION OF THE CUSTOMER SYSTEM TO THE FORT WORTH SYSTEM,
(COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED
TO STRICT LIABILITY OR TO THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE.
11.5 Fort Worth, Customer and Developer acknowledge that the above provisions of
this Agreement that are set out in bold, CAPITALS (or any combination thereof) satisfy the
requirements for the express negligence rule and/or are conspicuous.
12.
EXPIRATION, TERMINATION AND SURVIVAL
12.1 This Agreement to provide supplemental treated water service on a temporary
basis shall expire at midnight on December 31, 2006. Fort Worth will terminate service at that
time by closing the valve on Customer's side of the meter. All rights, powers and privileges of
Customer and Developer hereunder shall cease and terminate upon the expiration date, and
neither Customer nor Developer shall assert any claim of any kind whatsoever against Fort
Worth, its agents or representatives, by reason of such termination or any act incident thereto. By
execution of this Agreement Customer acknowledges that Customer is required to develop
alternative or replacement supplies prior to the expiration of this agreement, and Fort Worth may
enforce this provision by court order.
12.2 Fort Worth may terminate this Agreement if Customer or Developer commits a
material breach of this Agreement, including without limitation a breach of section 2.3, article 5,
article 6 or article 8, and fails to cure such breach after reasonable notice. In event of such
termination, neither Customer nor Developer shall assert any claim of any kind whatsoever
against Fort Worth, its agents, or representatives, by reason of such termination or any act
incident thereto, provided Fort Worth acted reasonably and such termination was not
unreasonable, arbitrary and capricious.
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12.3 Termination or expiration of this Agreement for any reason whatsoever shall not
affect the following provisions, which shall be deemed to survive the termination of this
Agreement: (a) any payment obligation of any party pursuant to the terms of this Agreement that
.has accrued prior to such termination; (b) article 11; and (c) article 17.
13.
FORCE MAJEURE
13.1 If by any reason of force majeure any party hereto shall be rendered unable,
wholly or in part, to carry out its obligations under this Agreement, other than the obligation of
Customer to make payments required under the terms hereof, then if such party gives notice and
full particulars of such force majeure in writing to the other party within a reasonable time after
the occurrence of the event or cause relied on, the obligation of the party giving such notice, so
far as it is affected by such force majeure, shall be suspended during the continuance of the
inability then claimed, but for no longer period. Such party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
13.2 The term "force majeure", as employed herein, shall mean acts of God, strikes,
lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the
government of the United States or the State of Texas, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply,
and inability on the part of Fort Worth to deliver water hereunder or the Customer to receive
water hereunder on account of any other cause not reasonably in the control of the party claiming
such inability.
14.
NOTICES
Any notice, communication, request, reply or advice herein provided or permitted to be
given, made or accepted by either party to the other party must be in writing to:
1................................
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City of Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Customer: Aqua Utilities, Inc.
1421 Wells Branch Parkway
Suite 105
Pflugerville, Tx. 78660
Developer: Pars Investments, Inc.
3901 W. Airport Freeway
Suite 200
Bedford, Tx. 76021
The parties hereto shall notify the other parties in writing of any changes in such respective
addresses.
15.
INSPECTION AND AUDIT
Fort Worth and Customer shall maintain all records and accounts related to this
Agreement for a period of five (5) years. Each party shall at all times, upon notice, have the right
at reasonable times to examine and inspect said records and accounts during normal business
hours; and further, if required by any law, rule or regulation, make said records and accounts
available to federal and/or state auditors.
16.
CONNECTION TO FORT WORTH SYSTEM
16.1 The Customer's connection to the Fort Worth System shall be substantially that as
shown on Exhibit "C". Developer, at its sole cost and expense, shall be responsible for the
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design, acquisition of rights-of-way, and cost of construction for a six inch (6") diameter water
transmission main (the "Transmission Main") at the location shown on Exhibit "C".
16.2 Developer shall enter into a community facilities agreement ("CFA") with Fort
Worth for the construction of the Transmission Main in accordance with the requirements of the
Policy. The plans and specifications for the Transmission Main shall be subject to the prior
written approval of Fort Worth. The construction standards shall meet the standards of the Fort
Worth Water Department. The construction thereof shall be subject to inspection by Fort Worth.
Customer and/or Developer, at their sole cost and expense, shall also have the night to inspect
such work during its progress
16.3 Developer and/or Customer, at its sole cost and expense, shall provide all
easements, all necessary construction engineering, staking and preparation of as-built drawings
for the work to be accomplished under this article 16.
16.4 Upon completion of the work and the acceptance of the Transmission Main by
Fort Worth, Customer and Developer agree to convey to Fort Worth all of their respective right,
title and interest in and to such main, together with the transfer of easements in a form acceptable
to Fort Worth. Upon such transfer and conveyance, Fort Worth shall be responsible for the
operation and maintenance of said transmission main. In the event relocation or adjustment of
the Transmission Main is required for any reason during the term of this Agreement, Developer
shall pay 100% of the cost of such relocation or adjustment.
16.5 The parties acknowledge that Fort Worth reserves the fight to require Developer
and/or Customer to construct a 16-inch water transmission main at Developer and/or Customer's
expense as a condition of entering in into any future water supply agreement for The Resort.
17,
PUBLIC IMPROVEMENT DISTRICT ("PID") AND THE CONSTRUCTION
OF INFRASTRUCTURE
17.1 As partial consideration for the execution of this Agreement, Developer shall
contribute the necessary capital toward the construction of any water transmission lines, sanitary
sewer collection lines, streets, storm drains, sidewalks, streetlights and traffic signals in order
that the annual assessment levied by the PED on any lot shall not exceed $1,500.
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17.2 Developer shall include the following provision in every deed transferring
ownership of a lot within The Resort:
The property being purchased is located within the extraterritorial jurisdiction of
the City of Fort Worth, as is the entirety of the Subdivision known as The Resort.
This property and the entire subdivision are subject to annexation at any time by
the City of Fort Worth by complying with the annexation statutes of the State of
Texas. In the event of annexation by the City of Fort Worth, assessments against
the property by the public improvement district ("PID") will be in addition to City
of Fort Worth taxes to be levied and collected after such annexation.
18.
MISCELLANEOUS
18.1 This Agreement is subject to all applicable federal and state laws and any
applicable pen-nits, amendments, orders, or regulations of any state or federal governmental
authority having or asserting jurisdiction, but nothing contained herein shall be construed as a
waiver of any right to question or contest any such law, order, rule or regulation in any forum
having jurisdiction.
18.2 Upon prior notice by Fort Worth, any duly authorized employee of Fort Worth
bearing proper credentials and identification shall notify Customer of need for access to any
premises located within the area of The Resort as may be necessary for the purpose of
inspections and observation, measurements, sampling and testing and/or auditing, in accordance
with the provisions of this Agreement. Customer may elect to accompany Fort Worth
representative.
18.3 No party may assign this Agreement without the prior written consent of the
other parties, which shall not be unreasonably withheld.
18.4 This Agreement may not be amended or modified other than by a written
agreement executed by the parties, nor may any provision be waived except by a writing signed
by the party waiving such provision. Any waiver shall be limited to the specific purposes for
which it is given. No waiver by any party hereto of any term or condition of this Agreement
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shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition,
18.5 In addition to any other remedy as may be provided by law, this Agreement shall
be specifically enforceable by the parties hereto; however, neither Customer nor Developer shall
have standing to enforce the rights of the other, but only as to the obligations owed to itself for
which it seeks enforcement.
18.6 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS, AS IT APPLIES TO CONTRACTS PERFORMED WITHIN
THE STATE OF TEXAS AND WITHOUT REGARD TO ANY CHOICE OF LAW RULES OR PRINCIPLES
TO THE CONTRARY. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS PERFORMABLE
IN TARRANT COUNTY, TEXAS AND HEREBY SUBMIT TO THE JURISDICTION OF THE COURTS OF
THAT COUNTY, AND HEREBY AGREE THAT ANY SUCH COURT SHALL BE A PROPER FORUM FOR
THE DETERMINATION OF ANY DISPUTE ARISING HEREUNDER.
18.7 Whenever possible, each provision of this Agreement shall be interpreted in such
a manner as to be effective and valid under applicable law. If any provision of this Agreement,
or the application thereof to any person or entity or under any circumstances, is invalid or
unenforceable to any extent under applicable law, and the extent of such invalidity or
un enforceability does not cause substantial deviation from the underlying intent of the parties as
expressed in this Agreement, then such provision shall be deemed severed from this Agreement
with respect to such person, entity or circumstance, without invalidating the remainder of this
Agreement or the application of such provision to other persons, entities or circumstances, and a
new provision shall be deemed substituted in lieu of the severed provision. The new provision
shall, to the extent possible, accomplish the intent of the parties as evidenced by the severed
provision,
18.8 The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of constriction to the effect that
any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
18.9 If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and
necessary disbursements in addition to any other relief to which it may be entitled.
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18.10 Nothing contained herein shall ever be considered to obligate Fort Worth, after
the expiration of this Agreement, to continue to provide water service to the Customer or to enter
into a long-term agreement for the provision of treated water with either Customer or Developer
for The Resort.
Signed in quadruplicate, each of which is considered to be an original, on this day
of ..w, . '. , 2005.
ATTEST: CITY OF FORT WORTH
N)sry By
Marty Hendrix,City Secretary C es Boswell, City Manager
Approve to Form and Legality AQUA UTILITIES, INC. /1
By:
Assistant ty ttorney Robert Laughman, Vice P esident,
Operations
THE RESORT AT EAGLE
MOUNTAIN LAKE, L.P.
(''ontraGt Aut.horiz tiox
By Pars Investments, Inc., its
Date General partner
By:
Mehrdad Moayedi, President
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Exhibit 111311
PART I
BEING a tract of land out of the D.M. Davis Survey, Abstract No. 446, the D.T.
Flores Survey, Abstract No. 508, the M.E.P. & R.R. Co. Survey, Abstract No.
1120, the J. Wilcox Survey, Abstract No. 1722, and the Thomas Robinson Survey,
Abstract No. 1309, and comprising all of The Resort on Eagle Mountain Lake
Phase One Addition, as recorded in Cabinet A, Slides 5557, 5588, and 5589 of the
Plat Records of Tarrant County, Texas (P.R.T.C.T.), and all of The Resort on Eagle
Mountain Lake Addition; as recorded in Cabinet A, Slides 7992, 8612, and 8613 of
the P.R.T.C.T., and being a part of that tract of land as described in deed to The
Resort at Eagle Mountain Lake, L.P., as recorded in Volume 13521, Page 368 of
the Deed Records of Tarrant County, Texas(D.R.T.C.T.), and being all of the nine
tracts of land known as Tracts 1, 2, 3, 4, 5, 6, 7, 8, and 9 as described in deed to
The Resort Golf Club, L.P., as recorded in Tarrant County Clerk Document No.
204154779, D.R.T.C.T., and being a part of that tract of land as described in deed
to Lawrence Hovelsrud and wife Goldle Hovelsrud, as recorded in Volume 14503,
Page 489 of the D.R.T.C.T., and being a part of that tract of land as described in
deed to Kruse Farms, a Texas General Partnership, as recorded in Volume 14503,
Page 492 of the D.R.T.C.T., and being a part of that tract of land as described in
deed to Charles and E.A. Oliver, as recorded in Volume 8488, Page 1731 of the
D.R.T.C.T., and being more particularly described by metes and bounds as follows:
BEGINNING at the northeast comer of said The Resort on Eagle Mountain Lake
Phase One Addition and being on the west right-of-way line of Morris-Dido-
Newark Road (a variable width right-of-way);
THENCE South 00 degrees 11 minutes 44 seconds West, along said west right-of-
way line, a distance of 2,673.01 feet to a point for comer on the north line of a tract
of land described in deed to Dido Cemetery Association, as recorded in Volume
5009, Page 745 and Volume 6265, Page 621 of the D.R.T.C.T.;
THENCE South 89 degrees 19 minutes 27 seconds West, along the north line of
Dido Cemetery tract, a distance of 585.88 feet to a point for comer;
THENCE North 00 degrees 08 minutes 33 seconds East, along the west line of said
Dido Cemetery, a distance of 333.17 feet to a point for comer on the on the
common line between said Oliver tract and the south line of said Dido Cemetery
tract;
THENCE South 89 degrees 44 minutes 46 seconds East, along said common line, a
distance of 641.00 feet to a point for comer-,
Exhibit "B"
Page 1 of 11
THENCE South 00 degrees 21 minutes 39 seconds West, departing said corm-non
line, a distance of 37.76 feet to a point for comer-,
THENCE North 89 degrees 15 minutes 54 seconds East, a distance of 20.88 feet to
a point for comer in the centerline of Mom's-Dido-Newark Road;
THENCE South 16 degrees 34 minutes 26 seconds East, along said centerline, a
distance of 738.04 feet to the point of curvature of a non-tangent circular curve to
the right having a radius of 1,808.36 feet, whose chord bears South 11 degrees 49
minutes 54 seconds East, a distance of 298.99 feet;
THENCE Southerly, continuing along said centerline and along said curve,
through a central angle of 09 degrees 29 minutes 03 seconds, an arc length of
299.34 feet to a point for comer;
THENCE South 07 degrees 04 minutes 35 seconds East, continuing along said
centerline, a distance of 1,321.00 feet to a point for corner;
THENCE departing the centerline of Morris-Dido-Newark Road and along the
centerline of Gilmore Branch Creek the following courses and distances:
South 08 degrees 42 minutes 43 seconds West, a distance of 21.13 feet;
South 54 degrees 36 minutes 56 seconds West, a distance of 120.82 feet;
South 84 degrees 37 minutes 37 seconds West, a distance of 45.54 feet;
North 49 degrees 25 minutes 36 seconds West, a distance of 53.59 feet;
South 89 degrees 18 minutes 16 seconds West, a distance of 155.46 feet;
North 85 degrees 45 minutes 36 seconds West, a distance of 88.96 feet;
South 82 degrees 35 minutes 09 seconds West, a distance of 62.44 feet;
South 60 degrees 49 minutes 38 seconds West, a distance of 119.84 feet;
South 20 degrees 48 minutes 15 seconds West, a distance of 38.78 feet;
South 66 degrees 24 minutes 48 seconds East, a distance of 10.34 feet;
South 44 degrees 19 minutes 12 seconds East, a distance of 15.60 feet;
South 44 degrees 33 minutes 49 seconds East, a distance of 47.54 feet;
South 18 degrees 01 minute 23 seconds East, a distance of 45.19 feet;
South 52 degrees 15 minutes 07 seconds West, a distance of 67.98 feet;
South 25 degrees 34 minutes 41 seconds West, a distance of 151.99 feet;
South 46 degrees 48 minutes 03 seconds West, a distance of 21.47 feet;
South 71 degrees 05 minutes 34 seconds West, a distance of 27.60 feet;
South 74 degrees 08 minutes 40 seconds West, a distance of 55.81 feet;
South 43 degrees 29 minutes 29 seconds West, a distance of 32,10 feet;
South 12 degrees 08 minutes 59 seconds West, a distance of 54.73 feet;
South 27 degrees 59 minutes 41 seconds West, a distance of 40.35 feet;
South 43 degrees 09 minutes 42 seconds West, a distance of 21.62 feet;
South 64 degrees 46 minutes 44 seconds West, a distance of 33.45 feet;
South 73 degrees 15 minutes 39 seconds West, a distance of 83.23 feet;
South 50 degrees 18 minutes 58 seconds West, a distance of 143.48 feet;
Exhibit"B"
Page 2 of 11
South 66 degrees 18 minutes 02 seconds West, a distance of 66.26 feet;
North 75 degrees 09 minutes 31 seconds West, a distance of 35.30 feet;
North 66 degrees 07 minutes 58 seconds West, a distance of 98.69 feet;
North 88 degrees 37 minutes 57 seconds West, a distance of 31.56 feet;
South 60 degrees 56 minutes 00 seconds West, a distance of 44.21 feet;
South 80 degrees 42 minutes 55 seconds West, a distance of 41.50 feet;
North 80 degrees 27 minutes 35 seconds West, a distance of 16.56 feet;
North 56 degrees 48 minutes 29 seconds West, a distance of 177.98 feet;
North 29 degrees 02 minutes 18 seconds West, a distance of 38.61 feet;
North 31 degrees 18 minutes 23 seconds East, a distance of 60.11 feet;
North 01 degree 14 minutes 15 seconds East, a distance of 28.68 feet;
North 69 degrees 16 minutes 44 seconds West, a distance of 20.21 feet;
North 60 degrees 31 minutes 12 seconds West, a distance of 71.36 feet;
North 58 degrees 47 minutes 06 seconds West, a distance of 58.24 feet;
North 01 degree 21 minutes 56 seconds East, a distance of 282.27 feet;
North 12 degrees 00 minutes 45 seconds West, a distance of 31.54 feet;
North 61 degrees 59 minutes 22 seconds West, a distance of 44.84 feet;
South 81 degrees 35 minutes 47 seconds West, a distance of 67.79 feet;
South 40 degrees 42 minutes 50 seconds West, a distance of 41.97 feet;
South 13 degrees 16 minutes 27 seconds East, a distance of 56.37 feet;
South 14 degrees 31 minutes 52 seconds West, a distance of 40.24 feet;
South 80 degrees 40 minutes 36 seconds West, a distance of 29.73 feet;
South 84 degrees 49 minutes 18 seconds West, a distance of 100.54 feet;
South 77 degrees 59 minutes 25 seconds West, a distance of 30.86 feet;
South 02 degrees 08 minutes 55 seconds West, a distance of 19.56 feet;
South 40 degrees 56 minutes 14 seconds West, a distance of 327.25 feet;
South 85 degrees 06 minutes 19 seconds West, a distance of 24.07 feet;
South 82 degrees 33 minutes 31 seconds West, a distance of 36.80 feet;
North 70 degrees 26 minutes 20 seconds West, a distance of 47.75 feet;
North 89 degrees 49 minutes 20 seconds West, a distance of 254.06 feet;
THENCE North 00 degrees 47 minutes 24 seconds West, departing the centerline
of Gilmore Branch, a distance of 1,709.59 feet to a point for comer;
THENCE South 89 degrees 50 minutes 36 seconds West, a distance of 717.60 feet
to a point for comer;
THENCE along the contour elevation line of 649.00 feet, the following courses and
distances:
North 69 degrees 03 minutes 50 seconds West, a distance of 76.10 feet;
North 80 degrees 33 minutes 52 seconds West, a distance of 62.14 feet;
South 88 degrees 06 minutes 36 seconds West, a distance of 50.69 feet;
South 81 degrees 06 minutes 48 seconds West, a distance of 46.69 feet;
South 56 degrees 26 minutes 15 seconds West, a distance of 56.10 feet;
Exhibit "B"
Page 3 of 11
... ........
THENCE South 89 degrees 28 minutes 36 seconds West, departing said 649.00
contour elevation line, a distance of 157.74 feet to a point for comer;
THENCE North 00 degrees 36 minutes 11 seconds West, a distance of 141.16 feet
to a point for comer-,
THENCE along the contour elevation line of 649.00 feet, the following courses and
distances:
North 82 degrees 20 minutes 13 seconds East, a distance of 13.76 feet;
North 49 degrees 21 minutes 55 seconds East, a distance of 194.50 feet;
North 31 degrees 26 minutes 39 seconds East, a distance of 95.38 feet;
North 60 degrees 26 minutes 36 seconds East, a distance of 30.00 feet;
South 85 degrees 33 minutes 20 seconds East, a distance of 142.00 feet;
North 74 degrees 33 minutes 21 seconds West, a distance of 114.00 feet;
North 47 degrees 33 minutes 20 seconds West, a distance of 50.00 feet;
North 06 degrees 15 minutes 55 seconds West, a distance of 151.92 feet;
North 52 degrees 08 minutes 26 seconds West, a distance of 359.40 feet;
South 74 degrees 26 minutes 40 seconds West, a distance of 354.00 feet;
South 36 degrees 26 minutes 35 seconds West, a distance of 40.00 feet;
North 75 degrees 33 minutes 18 seconds West, a distance of 118.00 feet;
North 25 degrees 33 minutes 20 seconds West, a distance of 142.00 feet;
North 38 degrees 26 minutes 42 seconds East, a distance of 70.00 feet;
North 03 degrees 33 minutes 21 seconds West, a distance of 102.00 feet;
North 29 degrees 07 minutes 53 seconds West, a distance of 118.07 feet;
North 14 degrees 18 minutes 20 seconds West, a distance of 150.00 feet,
North 29 degrees 33 minutes 20 seconds West, a distance of 40.00 feet;
North 66 degrees 53 minutes 20 seconds West, a distance of 90.00 feet;
North 32 degrees 18 minutes 20 seconds West, a distance of 50,00 feet;
North 05 degrees 56 minutes 40 seconds East, a distance of 60.00 feet;
North 65 degrees 56 minutes 40 seconds East, a distance of 30.00 feet;
North 00 degrees 18 minutes 20 seconds West, a distance of 60.00 feet;
North 47 degrees 34 minutes 08 seconds East, a distance of 39.56 feet;
North 77 degrees 31 minutes 14 seconds East, a distance of 81.61 feet;
South 29 degrees 48 minutes 37 seconds East, a distance of 16.40 feet;
South 85 degrees 06 minutes 53 seconds East, a distance of 14.00 feet;
North 35 degrees 29 minutes 20 seconds East, a distance of 41.59 feet;
North 09 degrees 16 minutes 43 seconds West, a distance of 8.31 feet;
North 57 degrees 02 minutes 40 seconds East, a distance of 58.00 feet;
North 81 degrees 18 minutes 30 seconds East, a distance of 92.20 feet;
North 56 degrees 31 minutes 41 seconds East, a distance of 29.79 feet;
North 35 degrees 28 minutes 11 seconds East, a distance of 68.88 feet;
South 80 degrees 35 minutes 18 seconds West, a distance of 36.23 feet;
South 30 degrees 33 minutes 23 seconds West, a distance of 43.92 feet;
South 66 degrees 42 minutes 52 seconds West, a distance of 32.70 feet;
South 81 degrees 39 minutes 41 seconds West, a distance of 104.22 feet;
Exhibit"B"
Page 4 of 11
South 76 degrees 50 minutes 02 seconds West, a distance of 105.85 feet;
North 63 degrees 58 minutes 06 seconds West, a distance of 32.90 feet;
South 77 degrees 38 minutes 11 seconds West, a distance of 61.25 feet;
North 69 degrees 49 minutes 14 seconds West, a distance of 178.90 feet;
North 47 degrees 08 minutes 33 seconds West, a distance of 226.23 feet;
North 56 degrees 10 minutes 05 seconds West, a distance of 9.02 feet;
North 00 degrees 24 minutes 20 seconds West, a distance of 93.34 feet;
North 67 degrees 01 minute 44 seconds West, a distance of 30.95 feet;
North 43 degrees 01 minute 58 seconds East, a distance of 41.24 feet;
North 82 degrees 11 minutes 53 seconds East, a distance of 85.23 feet;
South 59 degrees 58 minutes 20 seconds East, a distance of 80.20 feet;
North 31 degrees 05 minutes 39 seconds West, a distance of 22.91 feet;
North 67 degrees 10 minutes 41 seconds East, a distance of 21.27 feet;
North 72 degrees 31 minutes 31 seconds West, a distance of 55.80 feet;
North 43 degrees 49 minutes 50 seconds West, a distance of 24.84 feet;
North 05 degrees 27 minutes 22 seconds West, a distance of 41.02 feet;
South 32 degrees 58 minutes 40 seconds West, a distance of 44.95 feet;
North 81 degrees 44 minutes 07 seconds West, a distance of 19.19 feet;
North 15 degrees 57 minutes 20 seconds West, a distance of 35.86 feet;
South 69 degrees 39 minutes 05 seconds West, a distance of 36.97 feet;
North 72 degrees 24 minutes 23 seconds West, a distance of 24.05 feet;
South 72 degrees 26 minutes 40 seconds West, a distance of 50.00 feet;
North 63 degrees 33 minutes 20 seconds West, a distance of 78.27 feet;
South 46 degrees 47 minutes 59 seconds West, a distance of 63.67 feet;
North 60 degrees 33 minutes 20 seconds West, a distance of 218.00 feet;
North 42 degrees 33 minutes 20 seconds West, a distance of 193.00 feet;
North 72 degrees 33 minutes 20 seconds West, a distance of 80.00 feet;
North 57 degrees 33 minutes 20 seconds West, a distance of 100.00 feet;
North 82 degrees 33 minutes 20 seconds West, a distance of 40.00 feet;
North 11 degrees 26 minutes 40 seconds East, a distance of 45.00 feet;
North 79 degrees 26 minutes 40 seconds East, a distance of 65.00 feet;
South 46 degrees 33 minutes 20 seconds East, a distance of 70.00 feet;
North 76 degrees 26 minutes 40 seconds East, a distance of 60.00 feet;
North 29 degrees 26 minutes 40 seconds East, a distance of 140.00 feet;
North 34 degrees 07 minutes 40 seconds East, a distance of 87.60 feet;
North 14 degrees 26 minutes 40 seconds East, a distance of 110.00 feet;
North 08 degrees 33 minutes 20 seconds West, a distance of 100.00 feet;
North 27 degrees 33 minutes 20 seconds West, a distance of 130.00 feet;
North 17 degrees 32 minutes 55 seconds West, a distance of 130.18 feet;
North 12 degrees 33 minutes 20 seconds West, a distance of 159.82 feet;
North 38 degrees 33 minutes 20 seconds West, a distance of 30.00 feet;
North 66 degrees 50 minutes 20 seconds West, a distance of 138.80 feet;
North 46 degrees 33 minutes 20 seconds West, a distance of 70.00 feet;
South 22 degrees 26 minutes 40 seconds West, a distance of 40.00 feet;
South 63 degrees 26 minutes 40 seconds West, a distance of 30.00 feet;
North 52 degrees 33 minutes 20 seconds West, a distance of 110.00 felt, -11.m
Exhibit "B"
Page 5 of 11
.......... ........
North 33 degrees 33 minutes 20 seconds West, a distance of 90.00 feet;
North 00 degrees 33 minutes 20 seconds West, a distance of 1.35.00 feet;
North 03 degrees 26 minutes 40 seconds East, a distance of 190.00 feet;
North 49 degrees 26 minutes 40 seconds East, a distance of 55.00 feet;
North 03 degrees 26 minutes 40 seconds East, a distance of 90.00 feet;
North 42 degrees 26 minutes 40 seconds East, a distance of 81.00 feet;
North 11 degrees 33 minutes 20 seconds West, a distance of 131.00 feet;
North 25 degrees 26 minutes 40 seconds East, a distance of 67.00 feet;
South 63 degrees 33 minutes 20 seconds East, a distance of 153.00 feet;
South 42 degrees 26 minutes 40 seconds West, a distance of 70.00 feet;
South 26 degrees 33 minutes 20 seconds East, a distance of 39.00 feet;
South 61 degrees 33 minutes 20 seconds East, a distance of 73.00 feet;
South 26 degrees 33 minutes 20 seconds East, a distance of 412.00 feet;
South 43 degrees 33 minutes 20 seconds East, a distance of 98.00 feet;
South 71 degrees 33 minutes 20 seconds East, a distance of 136.00 feet;
South 00 degrees 33 minutes 20 seconds East, a distance of 70.00 feet;
South 48 degrees 33 minutes 20 seconds East, a distance of 38.00 feet;
North 63 degrees 26 minutes 40 seconds East, a distance of 36.00 feet;
South 81 degrees 33 minutes 20 seconds East, a distance of 55.00 feet;
South 48 degrees 33 minutes 20 seconds East, a distance of 110.00 feet;
South 32 degrees 26 minutes 56 seconds East, a distance of 61.43 feet;
North 36 degrees 35 minutes 19 seconds East, a distance of 90.52 feet;
North 56 degrees 30 minutes 23 seconds East, a distance of 66.11 feet;
North 62 degrees 31 minutes 55 seconds East, a distance of 65.36 feet;
South 38 degrees 48 minutes 24 seconds East, a distance of 96.75 feet;
South 22 degrees 03 minutes 59 seconds East, a distance of 38.00 feet;
South 86 degrees 46 minutes 56 seconds East, a distance of 25.30 feet;
South 42 degrees 22 minutes 45 seconds East, a distance of 27.26 feet;
North 87 degrees 45 minutes 04 seconds East, a distance of 84.66 feet;
North 23 degrees 23 minutes 08 seconds West, a distance of 18.18 feet;
North 82 degrees 15 minutes 03 seconds West, a distance of 51.08 feet;
North 67 degrees 01. minute 22 seconds West, a distance of 50.92 feet;
North 30 degrees 44 minutes 01. second West, a distance of 94.35 feet;
North 27 degrees 17 minutes 13 seconds West, a distance of 73.10 feet;
North 20 degrees 02 minutes 43 seconds West, a distance of 40.62 feet;
South 54 degrees 10 minutes 45 seconds West, a distance of 36.49 feet;
North 87 degrees 23 minutes 49 seconds West, a distance of 88.91 feet;
North 10 degrees 25 minutes 05 seconds East, a distance of 58.17 feet;
North 54 degrees 07 minutes 21. seconds West, a distance of 79.32 feet;
North 54 degrees 08 minutes 56 seconds West, a distance of 7.22 feet;
North 38 degrees 02 minutes 27 seconds East, a distance of 8,82 feet;
North 30 degrees 42 minutes 22 seconds East, a distance of 66.00 feet;
North 38 degrees 13 minutes 45 seconds West, a distance of 55.30 feet;
North 25 degrees 21 minutes 05 seconds West, a distance of 99.73 feet;
North 03 degrees 26 minutes 40 seconds East, a distance of 60.00 feet;
North 52 degrees 33 minutes 20 seconds West, a distance of 42.00 feet;
Exhibit "B"
Page 6 of 11.
North 18 degrees 33 minutes 20 seconds West, a distance of 27.00 feet;
North 40 degrees 26 minutes 40 seconds East, a distance of 39.00 feet;
North 05 degrees 26 minutes 40 seconds East, a distance of 57.00 feet;
North 61 degrees 33 minutes 20 seconds West, a distance of 68.29 feet;
North 30 degrees 33 minutes 20 seconds West, a distance of 51.00 feet;
North 18 degrees 26 minutes 40 seconds East, a distance of 90.00 feet;
North 10 degrees 33 minutes 20 seconds West, a distance of 262.00 feet;
North 34 degrees 26 minutes 40 seconds East, a distance of 164.00 feet;
North 17 degrees 26 minutes 40 seconds East, a distance of 73.00 feet;
North 03 degrees 26 minutes 40 seconds East, a distance of 85.00 feet;
North 44 degrees 26 minutes 40 seconds East, a distance of 50.00 feet;
North 18 degrees 26 minutes 40 seconds East, a distance of 89.00 feet;
North 80 degrees 26 minutes 40 seconds East, a distance of 33.00 feet;
South 68 degrees 33 minutes 20 seconds East, a distance of 45.00 feet;
North 43 degrees 26 minutes 40 seconds East, a distance of 57.00 feet;
North 65 degrees 26 minutes 40 seconds East, a distance of 59.00 feet;
North 82 degrees 26 minutes 40 seconds East, a distance of 88.00 feet;
North 62 degrees 26 minutes 40 seconds East, a distance of 70.00 feet;
South 88 degrees 33 minutes 20 seconds East, a distance of 67.00 feet;
South 63 degrees 33 minutes 20 seconds East, a distance of 80.00 feet;
South 81 degrees 33 minutes 20 seconds East, a distance of 33.00 feet;
South 12 degrees 33 minutes 20 seconds East, a distance of 35.00 feet;
South 10 degrees 22 minutes 52 seconds West, a distance of 142.99 feet;
South 02 degrees 45 minutes 09 seconds East, a distance of 57.91 feet;
South 06 degrees 56 minutes 08 seconds East, a distance of 79.73 feet;
South 17 degrees 37 minutes 28 seconds East, a distance of 93.11 feet;
South 41 degrees 49 minutes 08 seconds East, a distance of 107.08 feet;
South 61 degrees 35 minutes 31 seconds East, a distance of 88.26 feet;
South 75 degrees 00 minutes 43 seconds East, a distance of 120.31 feet;
South 58 degrees 32 minutes 05 seconds East, a distance of 107.81 feet;
South 85 degrees 33 minutes 20 seconds East, a distance of 165.00 feet-,
North 84 degrees 11 minutes 38 seconds East, a distance of 81.32 feet;
North 87 degrees 36 minutes 59 seconds East, a distance of 82.47 feet;
South 82 degrees 18 minutes 40 seconds East, a distance of 87.97 feet;
South 59 degrees 21 minutes 59 seconds East, a distance of 62.21 feet;
South 46 degrees 18 minutes 04 seconds East, a distance of 64,77 feet;
South 41 degrees 18 minutes 27 seconds East, a distance of 65.55 feet;
South 27 degrees 06 minutes 43 seconds East, a distance of 52.00 feet;
South 55 degrees 44 minutes 59 seconds East, a distance of 103.53 feet;
South 79 degrees 18 minutes 52 seconds East, a distance of 57.76 feet;
North 08 degrees 35 minutes 55 seconds East, a distance of 63.14 feet;
North 10 degrees 53 minutes 31 seconds West, a distance of 88.70 feet;
North 00 degrees 37 minutes 10 seconds East, a distance of 70.28 feet;
North 04 degrees 32 minutes 44 seconds East, a distance of 77.85 feet;
North 13 degrees 02 minutes 20 seconds East, a distance of 70.92 feet;
North 19 degrees 23 minutes 44 seconds East, a distance of 77.90 feet; ...........
Exhibit "B"
Page 7 of 11
North 32 degrees 19 minutes 37 seconds East, a distance of 71.01 feet;
North 82 degrees 45 minutes 32 seconds East, a distance of 19.60 feet;
South 80 degrees 15 minutes 37 seconds East, a distance of 32.92 feet;
North 61 degrees 07 minutes 00 seconds East, a distance of 32.17 feet;
North 44 degrees 12 minutes 13 seconds East, a distance of 53.41 feet;
North 38 degrees 21 minutes 13 seconds East, a distance of 8 1.15 feet;
North 26 degrees 26 minutes 40 seconds East, a distance of 120.02 feet;
North 41 degrees 26 minutes 40 seconds East, a distance of 182.00 feet;
North 66 degrees 26 minutes 40 seconds East, a distance of 62.00 feet;
South 03 degrees 33 minutes 20 seconds East, a distance of 89.00 feet;
South 64 degrees 33 minutes 20 seconds East, a distance of 67.00 feet;
South 29 degrees 33 minutes 20 seconds East, a distance of 52.00 feet;
South 20 degrees 26 minutes 40 seconds West, a distance of 107.00 feet;
South 16 degrees 33 minutes 20 seconds East, a distance of 317.00 feet;
South 34 degrees 33 minutes 20 seconds East, a distance of 170.00 feet;
South 58 degrees 33 minutes 20 seconds East, a distance of 123.40 feet;
South 70 degrees 33 minutes 20 seconds East, a distance of 130.00 feet;
South 88 degrees 33 minutes 20 seconds East, a distance of 205.00 feet;
North 64 degrees 03 minutes 39 seconds East, a distance of 104.36 feet;
North 40 degrees 42 minutes 00 seconds East, a distance of 58.86 feet;
North 73 degrees 36 minutes 39 seconds East, a distance of 299.80 feet;
North 46 degrees 41 minutes 37 seconds East, a distance of 50.65 feet;
North 81 degrees 07 minutes 14 seconds East, a distance of 112.67 feet;
North 64 degrees 53 minutes 07 seconds East, a distance of 145.53 feet;
South 86 degrees 29 minutes 08 seconds East, a distance of 72.09 feet;
North 87 degrees 25 minutes 19 seconds East, a distance of 127.26 feet;
South 85 degrees 15 minutes I I seconds East, a distance of 90.73 feet;
North 40 degrees 42 minutes 33 seconds East, a distance of 27.46 feet;
South 86 degrees 36 minutes 50 seconds East, a distance of 140.21 feet;
South 73 degrees 09 minutes 58 seconds East, a distance of 168.99 feet;
South 82 degrees 59 minutes 28 seconds East, a distance of 70.60 feet;
South 63 degrees 46 minutes 03 seconds East, a distance of 52.02 feet;
South 82 degrees 57 minutes 35 seconds East, a distance of 74.02 feet;
THENCE North 60 degrees 52 minutes 00 seconds East, continuing along said
contour elevation line of 649.00 feet, a distance of 44.58 feet to the POINT OF
BEGINNING AND CONTAINING 21,828,663 square feet or 501.1 acres of land,
more or less.
PART 2
BEING a tract of land out of the Thomas Robinson Survey, Abstract No. 1309, and
comprising a tract of land known as Tract IV, as described in deed to The Resort at
Eagle Mountain Lake, L.P., as recorded in Volume 13558, Page 499 of the Deed
Exhibit"B"
Page 8 of I I
Records of Tarrant County, Texas, and being more particularly described by metes
C'n
and bounds as follows:
BEGINNING at the most northerly corner of said Tract IV, and being on the
contour elevation line of 649.00 feet;
THENCE along the contour elevation line of 649.00 feet, the following courses and
distances:
South 88 degrees 34 minutes 05 seconds East, a distance of 47.30 feet;
South 42 degrees 13 minutes 00 seconds East, a distance of 34.12 feet;
South 40 degrees 06 minutes 34 seconds East, a distance of 60.79 feet;
South 54 degrees 39 minutes 22 seconds West, a distance of 122.16 feet;
South 48 degrees 35 minutes 58 seconds West, a distance of 111.83 feet-,
South 39 degrees 49 minutes 57 seconds East, a distance of 19,00 feet;
South 65 degrees 19 minutes 36 seconds East, a distance of 52.18 feet;
South 33 degrees 40 minutes 37 seconds East, a distance of 43.01 feet;
South 04 degrees 31 minutes 50 seconds West, a distance of 77.37 feet;
South 43 degrees 00 minutes 59 seconds East, a distance of 14.84 feet;
South 53 degrees 05 minutes 36 seconds East, a distance of 75.63 feet-,
South 42 degrees 54 minutes 28 seconds East, a distance of 75.76 feet;
South 48 degrees 48 minutes 11 seconds East, a distance of 92.25 feet;
South 85 degrees 41 minutes 25 seconds East, a distance of 118.96 feet;
North 67 degrees 14 minutes 35 seconds East, a distance of 109.91 feet;
North 79 degrees 09 minutes 16 seconds East, a distance of 50.89 feet;
South 75 degrees 44 minutes 21 seconds East, a distance of 56.62 feet;
South 70 degrees 36 minutes 23 seconds East, a distance of 66.88 feet;
South 67 degrees 07 minutes 44 seconds East, a distance of 41.50 feet;
South 46 degrees 00 minutes 34 seconds East, a distance of 66.99 feet;
South 50 degrees 04 minutes 15 seconds East, a distance of 65.21 feet;
South 08 degrees 13 minutes 40 seconds East, a distance of 43.52 feet;
South 11 degrees 15 minutes 09 seconds West, a distance of 5253 feet;
South 48 degrees 57 minutes 11 seconds West, a distance of 62.06 feet;
South 38 degrees 21 minutes 52 seconds West, a distance of 86.26 feet;
South 20 degrees 35 minutes 17 seconds West, a distance of 39.01 feet;
South 24 degrees 29 minutes 53 seconds East, a distance of 31.37 feet;
South 17 degrees 34 minutes 56 seconds West, a distance of 18.31 feet;
South 38 degrees 03 minutes 09 seconds West, a distance of 67.65 feet;
South 59 degrees 38 minutes 01 second West, a distance of 76.86 feet;
South 62 degrees 07 minutes 54 seconds West, a distance of 89.14 feet;
South 41 degrees 22 minutes 53 seconds West, a distance of 68.16 feet;
South 30 degrees 08 minutes 51 seconds West, a distance of 98.10 feet;
South 22 degrees 11 minutes 30 seconds West, a distance of 82.55 feet;
South 45 degrees 53 minutes 06 seconds West, a distance of 82.40 feet;
South 73 degrees 42 minutes 18 seconds West, a distance of 51.10 feet;
South 77 degrees 54 minutes 26 seconds West, a distance of 24.75 feet,,F...............
Exhibit "B"
Page 9 of 11
North 88 degrees 51 minutes 55 seconds West, a distance of 29.15 feet;
North 52 degrees 20 minutes 43 seconds West, a distance of 36.80 feet;
North 51 degrees 13 minutes 48 seconds West, a distance of 46.32 feet;
North 68 degrees 38 minutes 09 seconds West, a distance of 36.83 feet;
South 68 degrees 27 minutes 08 seconds West, a distance of 61.24 feet;
South 80 degrees 11 minutes 49 seconds West, a distance of 37.65 feet;
North 68 degrees 36 minutes 34 seconds West, a distance of 30.82 feet;
North 32 degrees 17 minutes 54 seconds West, a distance of 42.03 feet;
North 42 degrees 39 minutes 01 second West, a distance of 15.07 feet;
North 89 degrees 38 minutes 55 seconds West, a distance of 29.05 feet;
South 40 degrees 25 minutes 25 seconds West, a distance of 12.81 feet;
South 78 degrees 38 minutes 56 seconds West, a distance of 26.64 feet;
North 60 degrees 54 minutes 24 seconds West, a distance of 25.19 feet;
North 28 degrees 36 minutes 26 seconds West, a distance of 52.42 feet;
South 66 degrees 57 minutes 58 seconds West, a distance of 85.30 feet;
South 10 degrees 55 minutes 10 seconds West, a distance of 79.71 feet;
South 59 degrees 14 minutes 22 seconds West, a distance of 99.96 feet;
South 67 degrees 35 minutes 32 seconds West, a distance of 63.30 feet;
South 79 degrees 25 minutes 56 seconds West, a distance of 52.80 feet;
North 63 degrees 52 minutes 27 seconds West, a distance of 52.80 feet;
North 43 degrees 02 minutes 57 seconds West, a distance of 57.56 feet;
North 13 degrees 18 minutes 12 seconds West, a distance of 36.98 feet;
North 03 degrees 07 minutes 57 seconds East, a distance of 46.64 feet;
North 08 degrees 38 minutes 55 seconds East, a distance of 58.83 feet;
North 05 degrees 39 minutes 46 seconds East, a distance of 73.30 feet;
North 15 degrees 51 minutes 23 seconds West, a distance of 110.28 feet;
North 25 degrees 22 minutes 02 seconds West, a distance of 138.53 feet;
North 17 degrees 59 minutes 54 seconds West, a distance of 94.58 feet;
North 13 degrees 14 minutes 34 seconds West, a distance of 88.51 feet;
North 19 degrees 38 minutes 00 seconds East, a distance of 91.91 feet;
North 08 degrees 35 minutes 45 seconds East, a distance of 100.54 feet;
North 14 degrees 39 minutes 49 seconds East, a distance of 73.97 feet;
North 43 degrees 54 minutes 02 seconds East, a distance of 93.08 feet;
North 27 degrees 50 minutes 47 seconds East, a distance of 133.15 feet;
South 27 degrees 31 minutes 04 seconds East, a distance of 22.20 feet;
North 54 degrees 24 minutes 47 seconds East, a distance of 17.19 feet;
North 68 degrees 19 minutes 54 seconds East, a distance of 54.22 feet;
North 24 degrees 58 minutes 29 seconds East, a distance of 16.36 feet;
South 82 degrees 39 minutes 45 seconds East, a distance of 30.22 feet;
North 18 degrees 04 minutes 50 seconds East, a distance of 27.76 feet;
North 40 degrees 30 minutes 47 seconds East, a distance of 38.36 feet;
North 63 degrees 41 minutes 28 seconds East, a distance of 86.79 feet;
North 61 degrees 33 minutes 14 seconds East, a distance of 116.62 feet;
North 39 degrees 45 minutes 24 seconds East, a distance of 52.00 feet;
North 68 degrees 12 minutes 21 seconds East, a distance of 75.00 feet;
North 33 degrees 44 minutes 46 seconds East, a distance of 3.12 feet;
Exhibit "B"
Page 10 of 11
THENCE North 73 degrees 26 minutes 03 seconds East, continuing along said
contour elevation line of 649.00 feet, a distance of 120.01 feet to the POINT OF
BEGINNING AND CONTAINING 1,198,135 square feet or 27.51 acres of land,
more or less.
Basis of Bearing is Texas State Plane Coordinate System North Central Zone 4202,
NAD 83.
Exhibit `B"
Page 11 of 11
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Exhibit "D"
Calculation of Contract Rate
The initial Contract Rate pursuant to this Agreement is $2.13 per thousand gallons,
calculated as follows:
(1) Wholesale Revenue Requirements] $17,529,879
(2) Wholesale Billing Unit Gallonage] 17,543,000 gallons
(3) Raw Water Charge 2 $0.6337 per thousand gallons
Agreed Contract Rate formula (1) divided by (2) ] x1.5 I + (3) = $2.13 per
thousand gallons
This agreed formula establishes the rate to be charged pursuant to this Agreement, taking
into account the Customer's dissimilar situation, and different contract terms and rate
structure, relative to certain wholesale contracts between Fort Worth and other
municipalities in the region.
The "Wholesale Revenue Requirements" and "Wholesale Billing Units Gallonage"
values were obtained from Exhibit 8 of the Final Report, Wholesale Water Rates, City of
Fort Worth, Texas (September 2004) performed pursuant to certain wholesale contracts
between Fort Worth and other municipalities in the region.
2 The "Raw Water Charge" was calculated from data provided by the Tarrant Regional
Water District for its 2005 fiscal year and reflects that Customer is presently located
inside of the Tarrant Regional Water District's boundaries.
Exhibit I'D"
Page 1 of 1
City of Fort Worth., Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/31/2005
DATE: Tuesday, May 31, 2005
LOG NAME: 60RESORT REFERENCE NO.: **C-20772
SUBJECT:
Authorize Execution of Agreement with Aqua Utilities, Inc. and The Resort at Eagle Mountain Lake,
L. P. for the City to Sell Treated Water on a Temporary Basis for The Resort on Eagle Mountain
Lake
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Aqua
Utilities, Inc. and The Resort at Eagle Mountain Lake, L.P. for the City to sell treated water to Aqua Utilities,
Inc. to supplement the water supply for The Resort on Eagle Mountain Lake.
DISCUSSION:
The Resort on Eagle Mountain Lake is a 528-acre master-planned community located in the City's
extraterritorial jurisdiction, which is being developed by The Resort at Eagle Mountain Lake, L.P. The
Resort currently consists of 70 homes, a golf course and a clubhouse. Plans for The Resort provide for 650
homes upon full build-out.
Aqua Utilities, Inc. is the authorized retail provider of treated water for The Resort pursuant to a Certificate
of Convenience and Necessity issued by the Texas Commission on Environmental Quality or its
predecessor agency. Currently, Aqua Utilities provides water for The Resort from two wells on the
premises. Aqua Utilities, Inc. is drilling two additional wells, which are expected to be completed in
summer, 2005.
The Resort has, on occasion, experienced water shortages. Approval of this Mayor and Council
Communication will authorize the City Manager to enter into a temporary agreement for the sale of water to
supplement the water supplied by Aqua Utilities until December 31, 2006.
The Resort at Eagle Mountain Lake, L.P. will construct a six-inch pipeline at its expense to connect the
development to the City's water system. The maximum amount of treated water to be delivered to The
Resort will not exceed 300 gallons per minute. Such rate of delivery will not create an adverse effect on the
City's water supply or delivery system. The initial contract rate will be $2.13 per thousand gallons,
FISCAL.INFORMATION/CERTIFICATION:
The Finance Director certifies that the Water Department will be responsible for the collection, deposit and
recording of revenues under this agreement.
Logname: 60RESORT Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 493012 0601000
Submitted for City Manager's Office by: Marc Oft (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
Lognarne: 60RESORT Page 2 of 2