12-65 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-65
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, RATIFYING THE INTERIM TOWN MANAGER'S
EXECUTION OF THE LETTER TERMINATING THE WATER IMPACT
FEE AGREEMENT, DATED FEBRUARY 9, 1999, BY AND BETWEEN
PIONEER CONCRETE .OF TEXAS, INC., A TEXAS CORPORATION,
AND THE TOWN OF PROSPER, TEXAS, FILED FOR RECORD ON
MARCH 10, 1999, UNDER CLERK'S FILE NO. 99-0029065, COLLIN
COUNTY LAND RECORDS, ATTACHING THE WATER WELL LEASE
AND MEMORANDUM OF LEASE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town") and Pioneer Concrete of
Texas, Inc., a Texas corporation, ("Pioneer") entered into that certain Water Impact Fee
Agreement, dated February 9, 1999, filed for record on March 10, 1999, under Clerk's
File No. 99-0029065, Collin County Land Records, attaching the Water Well Lease and
Memorandum of Lease ("Agreement"); and
WHEREAS, the Agreement was not assignable; and
WHEREAS, Pioneer sold the property made the subject of the Agreement
("Property"), without retaining its rights, duties and obligations under the Agreement,
thereby expressly or impliedly assigning the Agreement to subsequent purchasers of
the Property; and
WHEREAS, Southern Star Concrete, Inc. ("Southern Star") now owns the
Property, purchasing the same with actual knowledge of the Agreement and the fact
that the same was not assignable; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")
has investigated and determined that the Agreement should be, and is hereby,
terminated as set forth in the Interim Town Manager's letter to Southern Star, dated
August 30, 2012, attached hereto as Exhibit "A"and incorporated herein for all purposes
("Termination Letter"); and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in
the best interest of the citizens of the Town to ratify the Interim Town Manager's
execution and delivery of the Termination Letter to Southern Star, and subsequent filing
of the same in the Collin County Land Records.
RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 1 OF 18
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Resolution as if fully set forth herein.
SECTION 2: Ratification of the Interim Town Manager's Execution and Delivery
of the Termination Letter to Southern Star, and Subsequent Filing of the Same in the
Collin County Land Records. The Town Council hereby ratifies the Interim Town
Manager's execution and delivery of the Termination Letter, attached hereto as Exhibit
"A", to Southern Star, and subsequent filing of the same in the Collin County Land
Records.
SECTION 3: Savings/Repealing Clause. All provisions of any resolution in
conflict with this Resolution are hereby repealed; but such repeal shall not abate any
pending matters of the repealed resolution. Any remaining portions of conflicting
resolutions shall remain in full force an effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or
phrase of this Resolution be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Resolution
shall remain in full force and effect. The Town hereby declares that it would have
passed this Resolution, and each section, subsection, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Resolution shall take effect immediately from
and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this //-1} day of September, 2012.
RAY SMI H, Mayor
o®1111011��/�i
PROs-
NN,ATTEST TO: NN, C? PRO
•ee•ee•eee••r �•
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Amy Piuk , own Secretary .�
oo•essoeoo•ro" ;j:
RESOLUTION RATIFYING TERMINATION OF " � a ���
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WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIOIN� 7 OUTHERN STAR) PAGE 2 OF 18
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EXHIBIT "A
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!Piled and Recorded - __
;Official Public Records
i Stacey Kemp, County Clerk
1 Collin County, TEXAS
;08/31/2012 10:20:16 RM
i$76.00 CLUNA
!20120831001089460
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 3 OF 18
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"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER."
AFTER RECORDING RETURN TO:
Town of Prosper,Texas
ATTN: Mr.Lyle H.Dresher,Interim Town Manager
P.O.Box 307
Prosper,Texas 75078
TOWN OF
Prosper is a place where everyone mailers.
August 30,2012
Mr.Tommy Abbott
President,Southern Star Concrete,Inc.
c/o Mr.Mark C.Prybylslci
Argos USA Corp.
3015 Winward Plaza,Suite 300
Alpharetta,Georgia 30005
Re: Termination of Water Impact Fee Agreement, dated February 9, 1999, by and
between Pioneer Concrete of Texas,Inc. ("Pioneer"),a Texas corporation and the
Town of Prosper, Texas ("Town"), filed for record on March 10, 1999, under
Clerk's File No. 99-0029065, Collin County Land Records, attaching the Water
Well Lease and Memorandum of Lease(collectively,"Agreement")
Dear Tommy:
You, as the duly authorized representative of Southern Star Concrete, Inc. ("Southern
Star"), have requested that the Town provide you with this letter, terminating the above-
reference Agreement. THE TOWN HEREBY TERMINATES THE AGREEMENT,SAVE AND EXCEPT
¶4 (IMPACT FEES) AND ¶5C (MISCELLANEOUS) AND WITHOUT WAIVING AND/OR
RELINQUISHING AND OF THE TOWN'S RIGHTS TO ENFORCE SAID PROVISIONS,AND ANY OTHER
PROVISIONS OF THE AGREEMENT,WHICH WERE BREACHED BY SOUTHERN STAR AND/OR ITS
PREDECESSOR IN INTEREST PRIOR TO THE TERMINATION OF THE AGREEMENT IN ACCORDANCE
RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 4 OF 18
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Mr.Tommy Abbott
do Mr.Mark Prybylski •
August 30,2012
Page 2 of 15
WITH THIS LETTER, Southern Star has represented it is the current and sole owner of the
property made the subject of the Agreement.
As you know the Town and Pioneer entered into the above-referenced Agreement for the
purpose of, among other things, providing a means for Pioneer to fulfill its obligation to pay
water impact fees as described in the Town's Impact Fee Ordinance No. 95-01, as amended by
Ordinance No 96-17 (individually and collectively, "Then Existing Impact Fee Ordinance").
The Agreement is attached hereto and Exhibit "A"and incorporated herein for all purposes. •
In exchange for Pioneer leasing the "Well" (as defined in the Agreement and which
includes,but is not limited to,a deep well,a ground storage tank,booster pumps and distribution
lines which pump non-potable water into Southern Star's office and batch plant), the Town
agreed that Pioneer could satisfy its requirement to pay water impact fees under the Then
Existing Impact Fee Ordinance,as long as,among other requirements,Pioneer complied with¶4
(Impact Fees)of the Agreement which provides,in pertinent part:
4. Impact Fees. Provided Pioneer owns the Property at the time of final
platting of the Pioneer Property and the current zoning of the Pioneer Property
is not amended or otherwise changed, the water, impact fees due under the
Impact Fee Ordinance for the Pioneer Property will be the sum of$50,000.00..
Otherwise,the water impact fees for the Pioneer Property will pay according
to the Impact Fee Ordinance as it exists or may be amended(emphasis added).
Additionally,¶5c(Miscellaneous)provides:
c. This Agreement is not assignable.
As you know, Pioneer no longer owns the Property described in in the Agreement and
specifically referred to in¶5 above and no final plat of the Pioneer Property has been submitted
and/or acted upon by the Town,therefore,the condition precedent for Pioneer to benefit from the
intended$50,000.00"cap"on the water impact fees on the Pioneer.Property has not and cannot
be satisfied. Additionally,the Agreement was not assignable, and Southern Star purchased the
Pioneer Property with actual knowledge of this Agreement and the terms set forth therein.
While Southern Star has tendered fees for the services provided by the Town in
maintaining the Well, this amount cannot be considered an offset, under any circumstance, for
water impact fees now owed on the Southern Star Property. The Town was simply tendered
payment for services rendered to Southern Star for the maintenance of the Well.
PLEASE BE ADVISED THAT THE SOUTHERN STAR PROPERTY IS AND SHALL BE SUBJECT
TO THE TOWN'S IMPACT FEE ORDINANCE No.95-01,AS AMENDED BY ORDINANCE No.96-17
AND/OR ANY OTHER AMENDMENTS IN EFFECT (COLLECTIVELY, "IMPACT FEE ORDINANCE")
REGARDING THE ASSESSMENT AND PAYMENT OF ALL IMPACT FEES IN ACCORDANCE WITH THE
IMPACT FEE ORDINANCE AND CUAPTER 395 TEx.Loc.GOVT CODE,AS AMENDED.
RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 5 OF 18
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Mr.Tommy Abbott
do Mr.Mark Prybylski
August 30,2012
Page 3 of 15
I will forward you a file-marked copy of this letter after the Town files the same in the
Collin County Land Records.
Regards,
THE TOWN OF PROSPER,TEXAS
. - ler,'uteri own Manager
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STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned authority, on this day personally appeared Lyle H. Dresher,
known to me to be the person whose name is subscribed to the foregoing instrument; he
acknowledged to me that he is the duly authorized representative and Interim Town Manager.for
the TOWN OF PROSPER,TEXAS,a Texas Home-Rule corporation,and he executed the said
instrument for the purposes and consideration therein expressed and in the capacity therein
stated.
Given under my hand and seal of office this day of August,2012.
;i Notary Public in a5,d or the State of Texas
My Commission Expires: /-.g--/3
xc: Rebecca Brewer,Town Attorney `,`M, ,,,
Mr.Frank Jaromin,P.E.,Director of Public Works ?� AMY MEUNDA PIUKANA
(I ;,Kt.? MY COMMISSION EXPIPIES
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AO' January ti,2013
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 6 OF 18
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Mr.Tommy Abbott•
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1 EXHIBIT"A"
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04370 0149.0
• 99- ooa9065
T1118TER IMPACT FEE AGREEMENT(wa"Agreement')le.made anti entered •
' into as of this 1..day of Fek rUat 199 by and between Pioneer Concrete.if
Texas,Ind.,a Texas Corporation(•Pio er"),end t c Town of lkaxper,'Texis("Prosper"),
and fon the terms and cooditloru hereinafter set forth.
WHER-T3A9,:Noncer owns appiuxhnale(y.(1.6 aures in rho Town of Prosper,Collin
County,Toms.Collin County S.nhnol Lno1 Survey,Aastract No.149,consisting of o water
well;and
I I WHEREAS,Pioneer desiree t fultIllite opll noon ropeywater
1 o EImpact fees a¢
presoribcd in Prosper Ordinance No,95-01 and no amended.by Prosper Otdluance No..96-17
(todlvlddoltynod collectively the`Impact Pee Ordlonn'o')t and'
WHEREAS,Pioneer and Prosper agree tbdt Ploneei iso"y"fulfill its obligation to pay
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} water impact fees hi the Manner sot faith below.
NOW,•
THEREFORE,In mstvIdernNan;of the covenants and condldonncoamhted In •
' I lids Agtearrient,Prosper and Ploic er ogres on follows: ,
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I1. Lnndsstbjut to igalunent.The.land that is subicel to this Apeement.ls
appronitriutuly-_�-acres,more particularly descritiad inExhibit"A`atwohed hereto and •
,i I , incorporatedherein for nil purposes(the'Maroc Property").Pioneer represents that It la the
.tela owner of the Pioneer Property.
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( s 2. isnsasinafater31SRPtepeety. Upon execution of this Agreement,Pioneer will
it 4 ' •lease to Prosper by written agreement In.eobsiqudally.tho finial of Exhibit'11"(rhe"Lease),
1 I which Is attached hereto and incorporated herein foo a0 purposes, acres of property
. i Nut iueiudee a water well,together with,oolong other things,equipment,pumps and storage
l 1 I tanks gsoo total therewith(the'Wont%
is 5. eimermn1n gpo.Ueihillbl,Ilse conveyance and/or lease made pursuant to
y thud Agrrauwnt fe not Intended to ccastitute and shall alt ho deemed to effect a:cleave of
transfer of,any liability the 000voying Party mop knee to any other Party,person or
'governmental entity as of the effective dale of the conveyancer with respect to environmental
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4 ' condition of the properties.
.. 4. ImpeaEnes.Provided Pioneer owns the Pioneer Property Erns Erma Iliad
platting of the Pioneer Ppeperly'end.the current zoning of the Pioneer Property is not amended
• or otherwise changed,ihn water Impaot fees due under the Impost Pee Ordinance foe the
Pioneer Property will be the sum 01950,00E00,Sock Import fees obeli be equal to and are
:i 1 poyable.tn the ancon emotions on tion raut under the Lease.It being the intention of the parties
WAT0A1I0ACTietl Acus:wirr r-Fuger
I alaobnrnyo.O,,,..me'.'N+niare
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Mr.Tommy Abbott
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hereto that the impact fedi and the rent under the Lease shall be equal and shall offset each
' edict,
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Otherwise,thewater impact fees for the Ploncer Properly will pay according to the
Impact Pee Ordinance as it exists or may he antenna£.
Thin will satisfy Ptnneer's,oratorini vel fees on the truer of lend more pairlcalnrly
dascrl6edha F.7thThue•A". .
5. 2:timlIzcm.
a. Except as provided far in this Agreement,the parties agree that Pioneer
shall be subject to,all other ordinances Of Prosper,including Monter provisions Of thorns/rut
Pep Ordinance,whether now existing or in the Nture arising.
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b. All construction shall be In accordance with applicable Ordinaacce of
Prosper.
I c. This Agreement Is not assigueble.
d. This Agreement contains the ended agteament fnf the ptirttes with respect
tee the masers contafned herein acid may not be modliied or terminated excupr open the
provisions hereof or by the mutual written agreement of the partied hereto.
o. This Agreement shall be construed in accordance with the laws of the
IState of ten!'and shall be pcifoonahle In Collin County,Texas.
{ f: This Agreement is executed by the parties hereto without coercion or
duress and for:suhstarthi consideration,the sufficiency of which is forever confessed.
4.e i
tints Agreeincat niay be executed in a number of identical counterparts, .
i eechgfwhich shall he doomed an original for all purposes.
£ h. The hrNv£duads:executing this Agreement au behalf of the reepectivo
ipatties below represent to each ether and to others that all appropriate and necessary action has
been taken to authorize the individual who is executing this Agreement to do so fur sad on i
1 behalf of the party for which his or her'algnatme appears,that trate are no other males or
entitles required to execute this Agreement In order for the sante to be en authorized and
j binding agreement on the party for whom the individual Is slgnring this Agreement and ems t
each individual affixing his or her signaruro hereto is authorized to do so,and such
t authorization is valid and eff.ctive on the date hereof
It. in case any one ornern oftito provisions contained be this Agreement
'1 shall for any reason be held to be invalid,Illegal or unenforceable In any respect,ouch I
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iiwgbeaa DIVACTroo AanPRVsrrr.a.,r 1
•66N tea.oaovamop.rrplmar.gytaease
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Mr.Tommy Abbott
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04370 01492 •
Invalidity,Illegality or unenforcesh0ity shall not ntfeciany other provision thereof,and this
• Agreement stroll be construed as li snah Invalid,Riegel or unenforceable provision had never
been contained h011in.
3, This Agreement shall be deemed drafted equally by all parka hereto,
! The Language of al parts of this Agreement shit be construed as a whole according to tan fair
. • meaning,end any presumption or principle thee the languego herein Is to be construed against
any party shall not apply,Headings In this Agreement are for the convenience of the parties
and aro not intended to be used in construing lists document,
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It. Each signatory represecta this Agrecmcat has been reed by the party for
whichthisAgreement is executed and that such party bas had an opportunity:to Confer with its
counsel.
ti IN WITNPS$wEEnisOP,the parties have executed the Agreement and paused this
iAgreeoeentto be effective on the latest date us reflected by the signatures below,.
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i I PIONEER CONCRETE or OP TOWN OP PROSPER,TEXAS .
f TEXAS,ZINC.,
I a Texas corpomdo. �/ p
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I Dy: Date: •
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COLLIN. Doe:.00002906503110/1999 VIP:.0004370_01490 Page 3 of 12
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 9 OF 18
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Mr.Tommy Abbott
do Mr.Mark Prybylski
1 August 30,2012
Page 7 of 15 .
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04370 01493
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STATE OF TEXAS e • -
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DRFO E ME, undersigned euttlority,on dila day personally appeared .
subbsVit' Pi known to n>e to be one of for persona whose towhes are
seribe w a foregoing instrument:beldhe acknowledged to me llefebe is the duly
authorizod representative for Pioneer Concrete of Team,Ton„a'1'exas coryorotlaa,,and he/she
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executed said instrumcut for the purposes and consideration therein expressed.
I �� p UN "MY RA ND AND SEAL OP QB['I E thiy pal day of
' I .4 1Qr_.�•,911(/a'
__. _,m,,,,,�„�._.._:...: P lie in and for the �-
�.1`�l''q JQNMnx0*RV
1State of Touaa
i.,( r ,{mnvua sen crew i W uiO lvpowtcwm x tion i My Coinrni6siou Bxpiresr
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STATE OP TEXAS 7 - I
'' COUNTY OF!ROLLIN "
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• BEFORIIw3rice Undersigned anthailly,on this duy personally appeared
, } f`>1,Y1 (leis nYlrl,known tome to be ooe of the persoon whoso names aro subscribed
to the foregalin lnstroment;belsho acknowledged to are holube la the duly authorized
represoptadsa;forYhe TOWN OP PROSPER,TEXAS,and he/she executed sold Instrument for
the Purpose*endaonslderatioceserrlu expressed, /p�
CIVIR'7 UNDER MY RAND AND SEAL OP QPF[CA this."t day of
I _,_,_199/1 ,y
v
j ,w NNnrly Public in and for Ile
r....._:,...............
n ,�v,,,,,a P�mot State of Texas
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o.mr fj "i''''''''''''oB'ia My Onmmiselan Expires:
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I.a..mmeest she/abo wN 50I u:wtsly $:;,;t=:f;"stn:d?. :^e "'&? '%€ C;',413; g-i13'*.
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTIIERN STAR) PAGE 1 0 OF 18
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Mr.Tommy Abbott
c/o Mr.Mark Prybylski
j August 30,2012
Page 8 of 15
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04370 01494
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Alfyrnevs'_raitia.cgs1@
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$,7 lf,•ns aresult nfn bresub of this Lanae by either party,the other paity oftiploys an
attorney or uttorneys to.enlbrco to iigbta,ieider this4aso,then the broaching party agitate,pay
• • the other party the maquoabin attorneys' costhlnoutred to enforce title Locos,
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AuthdritV to Eliseo%
j ES Tho individuals mooting this tease an behalf often respective porcine below
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iepieserit to ddchot(or and to others that all spptopriato and nectrearity potion hes boon takehold .
authorizd the individual who Is executing this Loses to do to for old on behalf of the party far .
which lois or her signature appears,that there are no other parties or entities required to execute
1 this Lona In order for the sacra to Ito an authorized and binding agreement on the party for
whom the individual is signing this Leosoand tlsat anti individual afilsing bin or her signature
• hovel()Is authorized to do to,and such authorization is valid and efective on the date hereof
IN WITNESS WHEREOF,Thu parties have e.eccutal this Lenao and caused Otis LAN to
be affective on the lineal date as reflected by the signatures below,
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PIONIhIRCONCRL'•f9 OF
TEXAS,INC-
TOWN.OF.PROSPP.R,TEXAS
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i a Texas corpomton
EY! '. o ill
1 I 1m: •bi the V/V
By' ,G• natal 241:i•
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Mr.Tommy Abbott
do Mr.Mark Prybylski
August 30,2012
Page 9 of 15
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04370 (11495
•VAT1dn WIST,7,1,EME
This Water Well loam(the"Lease")is made and entered tato ea of this,day of ,
1999,by and between Pioneer Concrete of'foxes,Ina,a
Tease Corppuratied("Loma')'end the Town of Prosper,Texas("Lessee"). •
In couaiderotion of the moonset covenonts and agreements set forth in this Leese,grid other
good and Valuable consideration,tartar duos hereby demise and lows to Lessee,and Lessen '
does hereby lease from Lessor,the existing well,including,bort not limited to,the equipment,
pumps and storage tank(the"Weil")located en the property which to more particularly described
In lixtddbll"A"attached hereto and ineorposetod herein for all purposes(Ula'Tropedy").
/Wilde f,
Txanf
II 1.1 Th ccci of rhO Ic on thoulbefitly(50)years,comnmertrp2n
/ b 1(l(JQ(4/ and.endin$onFa0ei1Q13
unless
terminated sooner as provided herein
Article 1
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2.1 Leant,agrees toprovide acredit tirLessor iitUrnnr Um=Mat 0f$1,000.00
permonth on Lessor's water bill far Lessor's property l000ted sok
Collin Comity,Texas,being the routepropony where Lessor's concrete mixing p ant to o'nronity
located(the"Plenum Property').In the event Lessor's Pioneer Property water ball for any given
I. I month=mats 31,000.00 per month,Lessor shall owe the difference to Lessee in cash.In the
i event the Pioneer Property water bill for any given month is than$1,000.00 per month,the
I '• difference between the bill and$1,000,00 shall ho credited to the fallowing month's water hill,
i l which shall ha In addition to the 11,000.00 monthly credit extended to Lessor or accordance whit
this paragaph.
22 Not withatandlag anyddog to the contrary herein wailed,floe total amoomt of
rent to bepaid by Leasco to Lessor,as provided In Us lease,Is the awn of$50,000,00,When
the$50,000.00 credit expires,Lessor shall thereafter be responsible for the total amount elite
{ water hills,
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Article 3
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Excd,sielvtl l3SE/ i t1T,To GNTRR
3.1 Laaac,511011 hnvo:the exclusive right to um and control the Well with the
additional right to enter upon the Pioneer Property described in Exhibit"A"to,among any other
w,1TC)rw61L LiUSE•rorot
Conborl`pn r",Iw,Imro0.a W i a09t
. e ;` ryN is 9nk iaotia 6, ,*"e4YfiArrin 1: S s o hili
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 12 OF 18
#614978
Mr.Tommy Abbott
do Mr.Mark Prybylski
August 30,2012
Page 10 of 15
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04370 01496
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lawibi purpose whdrgoo+0er,repair,realntoinend/er operate the Well,including;but net limited
to,the pipes lcadiwtf hots tits Pioneer Property.
Amid@ 4
ALIERATLO &Atatit4IVS AIdDmhiPliettiF,Mn52'S .
4,1 Leasee shall hove Ilio tight,without alto print Consent of the Leshor,to make any
alterhtions,additions and)orinipruvomonta to the Well,Including,but not limited to,the pipes
tending from the Plainer Property.All alterations,additions and/or improvemouls made by the
• Leases shall become the property of the Leedor at the termination of Ada Lease.
•
Aedtcic 5
DRFAIII•T
lIe! liliy.,e so4
5;1 If Lessor defaults In the porfonuanco ofany term,covenant,or condition resiuircd
to ho performed by it under this Leone,Leasee may elect to do either ono of the following!
a. Atter not hies Ono,thirty(30)bays'hotico to Lessor,Leasco may weedy each
default by anynecessory action and,In cooncation with each remedy,may pay expanses and
ernpfoy aouustl;all subs expended or obligations Incurred by Lessee id eorrneettonwith
• remedying Loaaor's default shall be paid by Lessor to Lessee on demand and,on failure of ouch
reimbursement,Lassen may,itl addition to any other right or remedy tint Lessee may hew,
deduct these coats and espartos Crum rent aubsequonrly boomed*duo under title Lease,
b. Lessee may tarminetothis Leaseou giving at least thirty(30)days'written notice
to Lester of anon intention,To the eVeniLessee elects dila option,the Lease will be terminated
on the dote dcsilmeted in L'essee's notice,orders Lessor has sural the dotbuit prior to expiration
ofthe 30-day period.
Default byooesep
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92 If Lessee shall allow Intent to by in seem:mora than thirty(0.0),days§4er any
installment thereof is duo,or°hall remain in default under any other condition o f ahla Learn Tore
period of thirty(30)days atterwritten notice brat/1100f,Loasor may,without notion to Leasear
terminale thin Leena,or in tha alternative,Lessor may neater and hobo possession of the premilea
end rcmovo all persons and property without being deemed guilty of any manner of trespass and
s mint the premiere,or enypart ofthe promisee,flu all or any part of the remainder of the Lease
term to a party satisfactory to Lessor,and et such monthly molal us Lessor may with reasonable
• diligence bo chin to seems.Should Lasser bo unable to total ager reasonable efforts to do so or,
:'t should ouch monthly model bo loss titan the rental IAboee woe obligated to pay under this Lease,
IVATGRCWL a1 LaAa t.N o 7
tVnsarapioy,Stea,,aWNr9199
t t
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r. .....
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 13 OF 18
#614978
Mr.Tommy Abbott
c/o Mr.Mark Prybylski
August 30,2012
Page 11 of 15
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043:10 Q1497 .
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Lemma sball pay tbo expense of roletting plus the aaount of any de selpoey In the root to Loesor.
•
p.unwl.e1lxp,1 cdlas
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• 5,3 Ati:cleats and roiffix(les ofLeesor and Lessee under this Artiste Ant be .
•
cunmlative,and none shall oxelude any other tight or remedy provided by law,or by any other
provlalon(s)of this Lome.All such rights and romedleamay bo exaroteed and eafetsed
eosiourrently and whenever,and os silo,as ocenalon for their exercise odors.
'Waiver orDteaal
1 i.4 Awelvorbyeither Leaser orLento ofabroach ofthis Lease bytheether party
• does not oonatitutoa continuing watvor or a woivea of any subsequent bieaob of the leas.
Artiste 6
I AsstGNhfENT
1 6.1 Tida Lense is not areignable,
'I Article 7
•711.L1l ATiQId
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7.1 Too Luno shall temaluate Pdot,p Ow end of Oa tarns In the o ptcommraelol
o quan itian of water are no longer available from Clan
7.2 Tho Lease may also by terminated by themutwil consent of Om puttee berets.
Article 8
6118CEr.1,2duAu9
I Notirrs and Addryaaes •
8.1 All notieW required on sr this Leaoo 914e11,0 givenbypprtltSedfieli or registe[od
• I mall,addreasad to the proper P� a following addressee;
1
Leeson
Plo for •noreto of Texas,Ins.
i
7
f
3
:1
:I v,=o7o etsV,i,.L'Ijott
;I I:bIG a4.pro,pene+*'•II.Iw9raiDD
Ii
?I a _- --- g4.ait;.V^ar.n[:rtmtc:ws^:+,ran, ,..:.o. .,4.<. A:41.0 ,;11:1;:,>rti0441:A;
! COLLIN. Dot::.000029005 03/10/1999. VIP:.0004370_0.1490 Page 8 of 12
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 14 OF 18
#614978
Mr.Tommy Abbott
do Mr.Mark Prybylski •
August 30,2012
Page 12 of 15
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94310 01490 •
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T.osscot Mayor Stephen 0.Cadmus,
P.0,Box.307
prosper,Texas 75078
Richard Abernathy
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P.O.Box 1210
Mccinney,Tops 75069
9ither purity may change the address to which nodcco aro to be sent it by giving the other party
notice of the new address in the meaner provided in this Section
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Y.pifita llonad
8.2 Thio Lease ha binding upon,end lgarptoths benefit of,the parties to this
1,case and their rospectivabolts,executare,sdoslola rators,.le4alrepreoaeletivea,successors,and
=fps when permitted by t ii Lease,
Tome Low tu.Apitly
83 This Lease shall be conghuedtnrder,and in_nuuivdomeit with;the laws of the State
of Tetras,cad all oblighttorta of the patios created by this lease are performable in Collin
• County,Texas,
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Severablilty
8.4 in gess any ons or mom chits provisionsaonteipetl In this Loess shall Tor soy
reason bo held to beIst olid,illegal or unenforceable in any respect,such invalidity.Illegality or
• uuenfosccability shall nut Idiot any otherprovlsfotithemo&sada is Dime shad be construed as
if snub invalid,Illegal or unenforceable provision bad never bees contained herein,
reline Amami(
8.5 Thiai.00st contains the entire agreement of the patina withreapcet to Annuilters
confirmed herein and may not he modified or tenninaled except upon the provioloaa hereof er by
the mutual written nutmeat of the ponies hereto,
Sigh d.110a dtesCumulatica
{ 8.6 The righffi sna_r41be4l90 presided by this Leese are cumulative,sad the use cloy
ons right as remedy by either petty doll not preelado or waive.Its rights tense any or all other
remedies,Thlserighte audrenu:dios as glove In addition to any titherrights the parties may
have by law,statute,ordinance orothorwlse.
WATeeW5L1asme•PaasI
to aewaywtwtaaureotta/OZetta
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ImmEmemot..
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 15 OF 18
#614978
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Mr.Tommy Abbott
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do Mr.Mark Prybylski
August 30,2012
Page 13 of 15
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04310 01449
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MghlOHANDUM OP WA5Z r
1
TH1S MI:MORanpM OP LEASE(the"Momoewuhrm'T le dated to be cEfeetive lids` dayof_ffo 1992;by end between Pioneer Concrete of Texas,hon
1 a Toxne Corporation(Lees )and tine Town of Prosper,Texas("Lessee"), ' •
RECITALS
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A. Loeser and Lessee have enteral-Methal certain WaterWell[Arra dated
• �0,�..Y f l'f1, Q,�,•_ 1929,ee1lingfor aleale'ofthe piopertyilcsbiibedln
Dldtthit'"A",attached heretoand made a port hereof by this reformer for all purposes(the
'Water Welt Lease");
D. Lessorand Lessee desire to reflect ofreoopttho existence of the Water Well Lease and
•
' therefore have mimed into this Momeranduns.
• j NOW,TIIIIEJTORE,for and In consideration ofTenDollere and other goad and
I valuable veerWertition,the reseptand eufleleney ofcwhich laheevby eokaowledged by thed parties hereto,the pardon hereby state and nisei as follows:
1, The parties desire to record thin Memorandum to reflect the existence cfthe Water
Well Lease and the rights of dm L'eesorand the Lessee in accordance therewith.
2. 'Tho49.tcvm oflbo`Water Well Laaeoc�mmanoed on.fQ't'I'II(tylj .—!
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D'1 WITNESS W1I1RL'OP,the parties have executed this Memorandum effective as of
the data act forth above.
g
s PIONP.ER CONCRETE on TOWN OP PR•SEER,TEXAS
i TEXAS,INC.,
aTcxns co po7tm D C///u-_y/
t L. Its: ,.ray(r�' f Ii �ri�:'t,'s•
D f Dater &NE :.•ant.+`,
Ito:
I Ito: . r. ,, .. z,.
F s• 1.1
t '\II 1
:�Fr'
1, .SI:: :`
f Man100MiovntOP tcissnwt /,�Ud!0 4'
rm�eexrorv,peua.,<;,na✓ounosti ,S..w�..,....
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COLLIN. Doc:.00002906503/1011999. V/P:.0004370_01.490 Page 10 of 12
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 16 OF 18
#614978
•
Mr.Tommy Abbott
do Mr.Mark Prybylski
August 30,2012
Page 14 of 15
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04370 01500
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STATE OF TEXAS
•
a { • CovNTC OP.0(11lh
E.EFORE ME,U'al undersignedwUtomu to this cloy ihn perso swho ur
��lmo}w to mo to be one oftho persons whose names are
} subacnbe to Orb oro tug.mstnunontt bo/,he acknowledged to ma brlabe.In ton dulyeallimizvd
ropresantadvo fbr Pioneer Concrete of Texan,Inc.,a Taxan corporation,and he/she executed said
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instrument for the purposes and consideration thamin expressed.
t �1G
GIVEN UNDER MYHAND AND SEAL OFOFFICE Udo Irl day of
.._itaitort3, 1999.
ft a:' i a/. 9
"''p1"•�d•. No( Puy o in and for the
• '"- i ivaurmo rn State ofToxas
� lin
' � 3 NYun Pens
r•i1y 1411..WrnE,pinnce.21,1 My Comaueelonnxpires:
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STATE OF TEXAS
COUNTY OF COLLIN *
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BEP E,the undecoigned ea{hority,on Ito day personally appeorcd
lu}owot to me to yo any of the pennons'bate names are subscribed
• to to Lsr E g tnetnwent•he/ehenoknowlcdgcd to nin bo/aho In ttu duly authorized
{ reprerentndva for aho TOWN OP PROSPER,TEXAS,and he/Ahe executed said tdakEunent for
Rt ; the purposes and consideration therein expressed. //}}tt��
F i GIVEN UNDERMYl3AND AND SEAL OP OFFICE this tel"• flay of
F1,{Yil0rL 1999.
s'ts:tya uelarrmo uuEer 4.1aryPu Up in and pus Wo I
3 taan pawccuo ernes
� {Fy State of Tom
{ nr4VAT.aIen EMpaar aa3lrte
ti My.Commiesion Expires:
aQ-tt�o�
{ atnMORANOOMOPLP,/xn.Poav1
I:.mbm9,prpspoNwv.nxi:u01910
2 I '
•r.-. •`:r rh K.141D19%99W WOLV.Vtzr.
COLLIN. Doc:.00002006503110/1999 WP:.000137001490 Page 11 of 12
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 17 OF 18
#614978
Mr.Tommy Abbott
c/o Mr.Mark Prybylski
August 30,2012
Page 15 of 15
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CITY ORPROSPER
P.O.t3ox,M7 109SOU HFlAINSTFiI;�T °437Q 8�$O�
PROSPER,TEXAS 7807O
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9!
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MAR 1 6 1999
iv.ku
S�r7ppRNntC�ufx1n, -
T E lE1.�+H OTRRHFk1
0', 1999/03/10
0t 771991,344
VIVI AR'00s9pe
1 11
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RESOLUTION RATIFYING TERMINATION OF
WATER IMPACT FEE AGREEMENT AND WATER WELL LEASE(PIONEER/SOUTHERN STAR) PAGE 18 OF 18
#614978