25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

Home Browse Search

Amement for the Sale and Delivery of Treated Water to Daisv Farms, LLC STATE OF TEXAS § § COUNTY OF LAMAR § THIS AGREEMENT (this ",4greement") entered into by and between the City of Paris ("Paris"), a home rule municipal corporation, atld Daisy Farms, LLC ("Daisy Farms"), a Texas Limited Liability Conipany with business offices located at 2625 Texas 286 Loop, Paris, Texas, hereinafter collectivcly referred to as the "Prn•Cies," evidences a binding agreement between the Parties regarding the sale and delivery of treated water and shall be effective as of June 1, 2011. For good and valuable consideration and in consideration of the agreemcnts contained in this Agreement, the adequacy, receipt, and sufficiency of which are acknowledged, the Parties hereby agree as follows: Recitals WHEREAS, at the present time, Paris has available a supply of Raw Water from which it can provide 'Treated Water, and it owns, operates, and maintains facilities for storing, treating and transmitting Treated Watei; and WHEREAS, it is deemed to bc in the best interest of both Paris and Daisy Farms that the Parties enter into a mutlially satisfactory agreement by means of which Daisy Farms may obtain Treated Water frorn Par.is for its dairy farm operations in Lamar County, Texas; and WHEREAS, the Parties have received appropriate approval from the Lamar County Water Supply llistrict and the Texas Commission on Environmental Quality for Paris to provide Treated Water service to Daisy Farms; and WHEREAS, in consideration of Daisy Farms' commitment to build a daiiy farm in Lamar County, TeYas and create a requisite number of new jobs at the dairy farm in Lamar County, Texas, Daisy Fas•ms has entered into an Econoinic Incentive Agreement with the Paris Economic Development Corporation; aild WHEREAS, Paris and Daisy Farms concur that the terms, conditions and considerations stated herein are fair, just and t•easonable and will inutually benefit the Parties and serve the public interest; and NOW, THEREFORE, in consideratioii of the covenants, conditions and undertakings hereinafter described, and subject to each and every terin and conditiou of this Agreement, the Parties contract, covenant and agree as follows: ARTICLE 1 Findings and Purpose 1.1 Reeitals. The recitals hereinabove set forth are incoiporated herein for all purposes and are found to be true and correct. 1.2 No Grant of Equity or Ownership. Unless otherwise stated, no provision of this Agreement shall be construed to create any type of joint or equity ownership of any property or any partnership or Page 1 of 23 1 1 198