HomeMy WebLinkAboutContract 36195-A1 CITY SECRETARY
CONTRACT NO. 1R &
FIRST AMENDMENT TO THE
UTILITY AGREEMENT FOR MORNINGSTAR RANCH
This "FIRST AMENDMENT TO THE UTILITY AGREEMENT FOR
MORNINGSTAR RANCH" (this "Amendment'") is entered into as of the 10 day
of , 2011, by the City of Fort Worth, Texas, a home-rule municipal
corporatioA situated in Tarrant, Denton and Wise Counties, Texas (the "Cijy''); WYA
The Ranch at Mary's Creek, Ltd., a Texas limited partnership ("Owner''); MorningStar
Ranch Municipal Utility District No. 1 of Parker County ("District One"); and
MorningStar Ranch Municipal Utility District No. 2 of Parker County ("District Two").
municipal utility districts to be created by the Texas Commission on Environmental
Quality (the "TCEQ"), pursuant to Article XVI, Section 59, of the Texas Constitution and
Chapters 49 and 54 of the Texas Water Code (individually, a "District" and, collectively.
the "Districts"), which Districts will become parties to this Agreement in accordance with
the Consent Agreements, as defined below. The City, Owner, and the Districts are
hereinafter sometimes referred to. individually, as a "Party" and. collectively, as the
"Parties"".
WITNESSETH:
WHEREAS, the Utility Agreement for Morningstar Ranch ("Agreement")
known as City Secretary Contract No. 36195 (M&C- 22562) entered into by the City of
Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton and
Wise Counties. Texas (the "City'); WYA The Ranch at Mary's Creek, Ltd.. a Texas
limited partnership ("Owner"); MorningStar Ranch Municipal Utility District No. 1 of
Parker County ("District One"),- and MorningStar Ranch Municipal Utility District No. 2
of Parker County ("District Two"), municipal utility districts to be created by the Texas
Commission on Environmental Quality (the "TCE "), pursuant to Article XVI, Section
59, of the Texas Constitution and Chapters 49 and 54 of the Texas Water Code
(individually, a "District" and, collectively, the "Districts")on or about January 28, 2008;
WHEREAS, Section 2.03 of the Agreement requires the District to complete the
design and construction of the Phase One Water Line (as defined in Section 2.04) by
December 31, 2010 or if not completed then to have commenced construction of four or
more water wells;
WHEREAS, the Owner commenced the construction of more than four water
wells on the Property on or before December 31, 2010;
WHEREAS, on or about February 8, 2010, the Owner made a written request to
the City for the elimination of the December 31, 2010 deadline to construct the Phase
One Water Line and the requirement to build four or more water wells because there has
been no development in the Districts; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
WHEREAS, the City is amenable to eliminating the deadline to design and
construct the Phase One Water Line, provided that no other term, condition or obligation
is altered unless specifically amended herein.
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged and confessed, the parties agree as follows:
I. Section 2.03.
Section 2.03 of the Agreement is amended to read as follows:
2.03 Construction of Phase One Water Line and Commencement of Retail
Potable Water Service by City.
(a) The City's obligation to provide retail potable water service to the
Property shall not commence until after December 31, 2012. if the Owner and/or
Districts need water to serve the Property prior to December 31, 2012, then the Owner
and/or District shall construct sufficient water wells to serve the Property.
(b) The City shall provide retail potable water service to the Property upon
completion of construction of the Phase One Water Line by Owner and acceptance by the
City of the Phase One Water Line, which acceptance shall not be unreasonably delayed
or withheld (provided the Phase One Water Line is constructed in accordance with
Section 3.01), provided, however the City's obligation to provide retail potable water
service to the Property shall not commence until after December 31, 2012.
(c) The City shall have no obligation to provide retail potable water to the
Property until completion of construction of the Phase One Water Line by Owner in
compliance with this Agreement and acceptance by the City of the Phase One Water
Line.
(d) The Owner and Districts shall not commence development (to include
platting) of the Property until the Owner has constructed four or more water wells on the
Property or has completed construction of the Phase One Water Line.
(e) The City may in the future construct or participate in the construction of a
Regional Westside 1V water system along IH-20 from Point C shown on Exhibit C
heading west of the Property to Parker County ("Regional Westside IV System"). if the
City constructs the Regional Westside 1V System, Owner and/or the Districts,
collectively, shall pay or cause to be paid their pro rata share to the City for such system.
Owner and/or the Districts shall only be responsible for the portion of the Regional
Westside IV System that is comprised of the segment of the Phase One Water Line that
extends from Point C to FM 3325, as shown on Exhibit C. The pro rata share of the
Owner/Districts consists of the percentage of the costs and expenses associated with the
design and construction of such segment based on the 16-inch water main capacity
needed by the Owner or the Districts. if the density for the development changes from
what is assumed in the MorningStar Ranch's Water Comprehensive Study dated
September 25, 2007, then the calculation of the pro rata share of the Owner/Districts
detailed above shall be adjusted accordingly.
II. Miscellaneous.
Nothing contained herein shall be deemed to amend or modify the agreement, except as
expressly set forth herein. Any defined term used herein, but not defined herein, shall
have that meaning set forth in the agreement. In the event of a conflict between the terms
of this amendment and the agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, this First Amendment has been executed as of the
date both parties have fully executed and is effective on such date.
ATTEST CITY OF FORT WORTH
cy�\ By: C.�►�
Marty Hendrix, ,00 ;n�, Fernando Costa,
City Secretary Iry *La
000000Q� Assistant City Manager
0�.1 ate:_
RECCOMENDED BY: 0
ENC
Frank Crumb, REQUIRED
Water Director ��� �------a.
APPROVED AS TO FORM AND
LEGALITY:
rl�A A'Y'�
Sr. ssistant ity Attorney
ATTEST: WYA THE RANCH AT MARY'S
CREEK,
a Texas limited partnership
By: WYA The Ranch Holdings,
LLC,
Its: General Partner
By:
Secretary Narne: J Otiw C_67Lbee 1
(print name)
Title: /K/tA1'tr6e2
Date: �4-12-Lclj
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Pursuant to Article IV of the Consent Agreement and following the District
Confirmation Date, the Districts have executed this Agreement.
MORNINGSTAR RANCH
MUNICIPAL UTILITY DISTRICT
NO. I OF PARKER COUNTY
By:
Pr ident, oar d of Directors
Date: -
MORNINGSTAR RANCH
MUNICIPAL UTILITY DISTRICT
NO. 2 OF PARKER COUNTY
By: IL tjL'
President, Board of Directors
Date:
Exhibit C
Water System
5�2 F.M.M25 (FARMER OAJD
8
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