HomeMy WebLinkAboutContract 53995 CSC No. 53995
CITY OF FORT WORTH WATER DEPARTMENT
c G� RECLAIMED WATER RETAIL SERVICE AGREEMENT
This Reclaimed Water Retail Service Agreement ("Agreement") is entered into by and
between the City of Fort Worth, Texas, a home-rule municipal corporation situated in
Tarrant,Denton, Parker and Wise Counties, Texas,hereinafter called"City," acting herein
by and through Dana Burghdoff, its duly authorized Assistant City Manager,and Links at
Waterchase, L.L.C.,a Texas limited liability company, hereinafter called "User", acting
herein by and through its President, D. Craig Valassis.
For the consideration provided herein, City agrees to supply and User agrees to accept,
store and use Reclaimed Water in accordance with the terms and conditions of this
Agreement.Th's Agreement incorporates and is subject to all of the terms and conditions
set out herein as well as of the following:
• All applicable Attachments and Appendices attached hereto.
• City of Fort Worth Water and Wastewater Installation Policy.
• City of Fort Worth Policies and Procedures for Processing Water and
Wastewater Projects for Design and Construction Manual.
• City of Fort Worth Cross Connection and Backflow Prevention Program as
described in Chapter 12.5, Article V,Division 3 of the City Code.
• Chapter 35, Article VIII,"Reclaimed Water"of the City Code.
• All applicable local, state,and federal statutes,ordinances, and regulations, as
they may be amended, now or hereafter in effect,including without limitation,
Chapter 210 of Title 30 of the Texas Administrative Code and Article VII of
Chapter 35 of the City Code,
(the"Applicable Laws").
In the event of any inconsistency between the terms of this Agreement and any non-
mandatory provision of the Applicable Laws, the terms hereof shall control. If any
Applicable Law is amended or applied in such a manner that will materially increase User's
obligations or diminish its rights hereunder, User may terminate this Agreement on thirty
(30) days notice to City.
1.Use
a. General
User may use Reclaimed Water supplied by the City under this Agreement("Reclaimed
Water")only as authorized by all Applicable Laws,including, without limitation, Sections
210.22 (General Requirements), 210.24 (Irrigation Using Reclaimed Water),and 210.32
(Specific Uses of Reclaimed Water) of Title 30 of the Texas Administrative Code, and
Article VII of Chapter 35 of the City Code.City in no way represents that the Reclaimed
Water provided under this Agreement is suitable for User's purposes, but acknowledges
and agrees that User's current and intended use for golf course irrigation is acceptable.
OFFICIAL RECORD
CITY SKRETA1RY
" ,� Y
b. Specific
User agrees to use the Reclaimed Water only for the purpose(s) and in the location(s)
described in Attachment A hereto. User agrees to obtain City's written consent prior to
using the Reclaimed Water for a purpose or at a location not described in Attachment A.
Any changes to the purpose and location of use of the Reclaimed Water must be reflected
in an amendment to Attachment A. Useragrees to take steps to minimize the risk of human
exposure to the Reclaimed Water. After ten(10) days notice to User and opportunity to
cure, City may terminate this Agreement immediately, in its sole discretion, if City
determines that User has failed to use the Reclaimed Water in accordance with Applicable
Laws,this Agreement, and/or Attachment A.
c. Prohibited Uses:
User hereby covenants and agrees to the following:
i. The Reclaimed Water shall not be used for drinking, food preparation, domestic
purposes or any type of human consumption. Reclaimed Water may be used for
toilet or urinal flush water in commercial applications, if described as a purpose in
Attachment A.
R The Reclaimed Water shall not be sold or supplied to any other person for any
purposes whatsoever.
iii. Except as User may otherwise be expressly authorized by the Texas Commission
on Environmental Quality (`TCEQ'),Reclaimed Water may not be discharged into
or adjacent to State waters.If TCEQ has granted User permission to discharge into
or adjacent to State waters,User shall provide a copy of such authorization to the
City prior to the discharge. As used herein, "discharge'' means a direct point
discharge and excludes seepage,percolation, or surface runoff of water.
iv. User shall not cause nor allow to be caused a nuisance, as defned in TAC
§210.3(18), to result from the distribution, use and/or storage of the Reclaimed
Water.
2. Owntity
a. Annual.Arnount
City agrees to convey and transfer to User,and User agrees to take from City, Reclaimed
Water in the amounts consistent with prior usage, identified as the annual quantity (the
"Annual Amount") set forth in Attachment B. Any use above the Annual Amount over a
twelve (12) month calendar year period (January through December) will require prior
written approval from the City. Attachment B also outlines the estimated monthly
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Reclaimed Water usage. The User shall be limited to the maximum monthly amount
presented in Attachment B, Section 3 — Monthly Volumes. Any usage beyond the
maximum monthly amount requires prior written approval from the City. Usage beyond
the allocated amounts shown in Attachment B without prior written approval by the City
will result in the City installing a remotely operated flow regulation valve and actuator at
the User's expense, provided City has given notice to User of excess usage and the
opportunity to reduce such use and User fails to do so.
b.Rate of Delivery
City will be able to deliver Reclaimed Water on a continuous basis, and User will be able
to receive Reclaimed Water,in a manner consistent with the Annual Amount and monthly
volumes shown in Attachment B. Furthermore, peak usage by the User(defined as the
maximum flowrate in gallons per minute) will be limited to four (4) times the Annual
Amount, and is shown in Attachment B,Section 2—Peak Usage. Peak Usage that exceeds
four(4)times the Annual Amount will result in the City installing a remotely operated flow
regulation valve and actuator at the User's expense.
c.Adiustment of Annual Amount
City may reduce the Annual Amount to an amount that reflects the Users actual historical
usage over the previous '' ' adar Year or as mutually agreed upon by the parties. City may
in its discretion .increase the Annual Amount, if requested in writing by the User,based on
availability and other factors related to the provision of Reclaimed Water.All adjustments
to the Annual Amount must be reflected in an amendment to Attachment B.
d. Measurement of Reclaimed Water Deliveries
City shall at its expense install, operate, maintain, repair and replace all meters,telemetry
and associated equipment necessary to accurately measure the quantities of Reclaimed
Water delivered to User,unless those ¢nprovements are required due to the User exceeding
the Annual Amount, Maximum Month, or Peak Use without prior written approval by the
City. City shall read or otherwise record the deliveries of water to User and shall submit
User invoices therefor reflecting such volumes and the applicable rates described in Section
7 hereof. User shall have the right, at its expense, to have the meter(s)calibrated and/or
tested for accuracy, and the parties shall in good faith cooperate to facilitate any such
testing and the parties will adjust any billings and previous underpayments or
overpayments by User in accordance therewith.
3. Delivery
a. Point of Delivery
City shall deliver Recla.ir.-,�;d Water from a meter or meters owned and maintained by the
City. The locations of the Reclaimed Water meter(s) and sample port(s) are shown on
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Attachment C.Title to the Reclaimed Water shall pass from the City to User at the User's
side of the meter on the User's premises ("Point(s) of Delivery"). As provided above, the
amount of Reclaimed Water received by User shall be determined by and based upon
monthly meter readings performed by the City.
b. Service Pressure
City anticipates delivering Reclaimed Water at a consistent service pressure of 50 PSI,
subject to fluctuation, but City does not guarantee to deliver Reclaimed Water to User at
any specific operating pressure. User shall supply, install and maintain at User's sole
expense all equipment on User's property necessaryto obtain User's desired pressure if the
pressure provided by City is not adequate for User's purposes. Such equipment must
comply with City standards.
c. Delivery Procedure
User and City will develop, as part of the Operation and Maintenance Plan described in
Section S.C.,a protocol for deliveries of water,which may require a User request to City
for delivery of water and coordinated opening and closing of the necessary valves, which
protocol may be revised from time to time. City and Useragree to cooperate and coordinate
in good faith to effectuate Reclaimed Water deliveries.
4. uali
a. State Standards
City agrees to transfer to User,at the designated Points of Delivery, Reclaimed Water of
at least the minimum quality required by State standards for Type I usage as set forth in
Section 210.33 of Title 30 of the Texas Administrative Code, as such may be amended or
superseded from time to time. Pursuant to Section 210.33(1), the nninimum Reclaimed
Water quality for Type I water initially will be equal to or less than:
BODS or CBODS 5 mg/L
Turbidity 3 NTU
Fecal Coliform 20 CFU/100 ml*
Fecal Coliform 75 CFU/100 ml**
*geometric mean
**single grab sample (not to exceed)
City shall use its best efforts,consistent with prevailing generally accepted water treatment
practices, to ensure that the water delivered is free from herbicides or other chemicals
which could adversely impact User's golf course and to immediately notify User,and cease
deliveries of water,if such substances are found to exist so that appropriate remedial action
may be taken.
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b. Warranties
User understands and agrees that the quality of the Reclaimed Water is different from that
of User's normal potable water supply. User understands and agrees that the City makes
no warranties as to the quality of the Reclaimed Water beyond those contained in Section
4a.All otherwarranties whetherexpress or implied,including,without limitation,the
implied warranty for fitness for a particular purpose or the implied warranty of
merchantability, are hereby excluded.
5. Reclaimed Water>':,Tse Requirements
a. General
Useracknowledges that use of Reclaimed Water is regulated by the TCEQ and Article VIII
of Chapter 35 of the City Code. User shall fully inform itself of applicable requirements
for the use of Reclaimed Water and abide by all Applicable Laws.Delivery of Reclaimed
Water may, at City's sole discretion, be immediately terminated for violation of the
provisions of any Applicable Laws after provision to User of thirty (30) days notice and
opportunity to cure except for any risk to human health as determined by the City and
provided for in Section l.b.
b. Reclaimed Water Supervisor
i. User shall designate an individual as User's-Reclaimed Water Supervisor. The
Reclaimed Water Supervisor shall be User's coordinator and the direct contact
person between City and User. User agrees that the Reclaimed Water Supervisor
shall be responsible for the proper operation of User's Reclaimed Water system,
implementing &- -Aquirements of this Agreement relative to the onsite use of
reclaimed water,monitoring of User's Reclaimed Water system for prevention of
potential hazards, and coordination with the City and other regulatory agencies.
City will assist in the training of User's Reclaimed Water Supervisor as time and
resources permit; however, it shall be the non-delegable responsibility of User to
assure its Reclaimed Water Supervisor is trained in the use and handling of
Reclaimed Water in accordance with all Applicable Laws.
E User shall inform the City in writing of the name, position and daytime and
nighttime telephone numbers of User's Reclaimed Water Supervisor and shall
promptly inform the City in writing of any changes of designee and/or phone
ntunbers during the term of this Agreement.
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c. Operation &Maintenance Plan
i The User shall maintain onsite a current operation and maintenance plan for the
reclaimed water system,a copy of which shall be provided to the City upon request.
At a minimum the plan shall contain the following:
a. A reclaimed water map with the following detailed information:
i. Areas where Reclaimed Water is being utilized for irrigation or
other authorized uses,as well as any storage structures such astanks
or ponds;
ii. Location of the Reclaimed Water pipeline(s), controllers and valves;
and
HL Location of Reclaimed Water meter vauk(s) and sample port(s);
b. A copy of the signed contract between User and the City;
c. A labeling and separation plan for the prevention of cross-connections
between Reclaimed Water distribution lines and potable water lines, if
applicable;
d. The measures that will be implemented to prevent unauthorized access to
Reclaimed Water facilities;
e. Procedures for monitoring Reclaimed Water;
f. A plan for how Reclaimed Water use will be scheduled to minimize the risk
of inadvertent human exposure;
g. Schedules for routine maintenance;
h. A plan for worker training and safety;
L Contingency plan for system failure or upsets;and
j. Protocol for requesting deliveries of Reclaimed Water (and cessation
thereof)from City.
d_ Onsite Facilities
L Ifmodifications are necessary to User's Existing Facilities to conform to Reclaimed
Water use requirements, User shall submit its plans and specifications for such
modifications to the City which shall approve same before construction commences
and which approval shall not unreasonably be withheld, conditioned or delayed.
All modifications required in User's Existing Facilities shall be the sole cost and
responsibility of the User. Upon request or at the City's discretion, the City shall
assist the User in identifying the modifications and/or changes required in User's
Existing Facilities. It shall be the User's responsibility to construct the
modifications in accordance with the approved plans and specifications, and in
compliance with all Applicable Laws.
iL All hose bibs and faucets shall be painted purple and designated to prevent
connection to a standard water hose. Hose bibs shall be located in locked, below
grade vaults which shall be clearly labeled as being of non-potable quality. As an
alternative to the use of locked below grade vaults with standard hose bib services,
the hose bibs may be placed in a non-lockable service box which can only be
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operated by a special tool so long as the hose bib is clearly labeled as non-potable
water.
iii. One of the following requirements must be met by the User for any area where
reclaimed water is stored or where there exist reclaimed water hose bias or faucets:
a. Signs having a minimum size of eight (8) inches by eight (8) inches shall
be posted at all storage areas and on all hose bibs and faucets reading, in
both English and Spanish, "Reclaimed Water, Do Not Drink" or similar
warning, or agraphic representation as provided by 30 TAC§210.25(b)(1);
or
b. The area shall be secured to prevent access by the public.
iv. City shall at its expense install and maintain Reclaimed Water meter(s)and sample
port(s) on the User's site, as required and as the City deems necessary,within the
area described on Attachment C hereto to monitor the Reclaimed Water deliveries
made to User.User shall provide City with any easements necessary for delivery of
Reclaimed Water to User's premises at a mutually agreeable location in a form
reasonably acceptable to the City.
e.Not Ecations
L User shall provide proper notification as required by Section 210.25 of Chapter 210
of Title 30 of the Texas Administrative Code to User's employees and to the public
that Reclaimed Water is being used on the Site in accordance with all Applicable
Laws.
iL Prior to User's commencement of the use of Reclaimed Water under this
Agreement, the City will notify the Executive Director of the TCEQ and obtain
approval for such use in accordance with Section 210.4 of Chapter 210 of Title 30
of the Texas Administrative Code,and City shall provide all other notifications to
state or federal authorities as may be required for User to operate its system
hereunder.
HL Upon completion of all onsite modifications and changes to User's Existing
Facilities, User shall provide the City with as-built drawings of User's completed
Reclaim.--d Water system and potable water system on User's site. The drawings
shall show at a . .mimum, the locations of all pipelines, controllers, valves,
buildings, structures, property boundaries, and any other features important to the
onsite use of Reclaimed Water.
iv. Useragrees to immediately notify City by telephone or fax of any Reclaimed Water
use not authorized by this Agreement, including, but not limited to, spills, leaks,
discharges (as defined in Section Lc.iii), or releases of a material volume of
Reclaimed Water into or adjacent to State waters.The only exception is when the
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discharge or spill is caused by rainfall events or in accordance with a permit issued
by the TCEQ.
Telephone or faxed notice must be given to City within twenty-four (24) hours of
obtaining knowledge of any such spilL leak, discharge, or release.City personnel
will then assist in (1) assessing the extent of the unauthorized discharge and (2)
aiding in determining what reports, if any, need to be made as well as assist in
making the reports. City will then provide written notice to TCEQ within five (5)
working days of obtaining knowledge of any such spill, leak; discharge or release.
User shall contact the City at:
Village Creek Water Reclamation Facility
Control Room
4500 Wilma Ln.,
Arlington, TX 76012
(817) 392-4900
v. Notices to be given by either party to the other relative to this Agreement shall be
in writing. Both parties agree that any such notice shall be effective when
personally delivered or two(2)days after being deposited, postage paid, in the U.S.
Mail addressed by certified mail, return receipt request,as follows:
To City:
Christopher P.Harder,P.E.,Fort Worth Water Director
Water Department
200 Texas
Fort Worth, Texas 76102
To User:
Links at Waterchase,L.L.C.
6100 Southwest Blvd., Suite 501
Fort Worth, Texas 76109
or at such other address(es)as the parties may designate from time to time.
7. Price and Pavment for Use of Reclaimed Water
a. Rates and Fees
User shall pay the City for Reclaimed Water at the rates stated in Section 35-188 `Rates
and Charges"of the City Code and all applicable fees as adopted by City Council, as may
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be amended, provided notice thereof is provided to User. User shall have the right to
terminate this Agreement upon thirty (30)days notice to City after receipt of notice of any
such increase which is unacceptable to User.
b. Pa ent
Each month Ilsershallmake a payment to the City as provided in Article III,Chapter
35 of the City Code.
8.Permission to Enter
With advance notice to User of at least twenty-four (24) hours, except in case of
emergency, User hereby grants to the City and regulatory agencies with jurisdiction, acting
through their duly authorized employees, agents, or contractors, access at an reasonable
times to enter User's premises for the purpose of observing construction or modification
of Reclaimed Water facilities, for maintaining and repairing City-installed facilities, for
meter reading, and for observing and verifying that User is properly operating its
Reclaimed Water facilities in accordance with the terms and conditions of this Agreement,
and Applicable Laws. When entering User's premises, the City or the regulatory agencies
shall not unreasonably interfere with User's operations and its use of the premises.
9.Interruption of Service
City may interrupt Reclaimed Water service at any time if City determines that User is in
breach of any provision in this Agreement or in violation of Applicable Law,provided City
delivers written notice of the alleged breach and allows User ten(10) days to cure same,
except in case of emergency. If City interrupts service pursuant to this subsection, User
shall have thirty (30) days to cure the breach to the satisfaction of City. If User fails to cure
the breach to the reasonable satisfaction of City in the period provided, City shall have the
right to immediately terminate the Agreement. The provisions of this Section are not
intended to limit the rights of City contained in Section 10 of this Agreement.
Equipment failures, plant upsets, pipeline breaks and other similar events may cause
disruptions to City's Reclaimed Water service. In such events City will use all reasonable
efforts to restore service as soon as possible and limit the duration of any such disruptions.
However, City shall have no liability arising out of or related to interruptions in User's
Reclaimed Water service that are caused by such events.
10.Termination
a. With Notice for Convenience
Except as otherwise provided herein, either party may terminate this Agreement for any
reason by giving the otl.. ;,arty 180 days advance written notice of the party's intent to
terminate.
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b. Unauthorized Use
City may terminate this Agreement immediately if City determines that the use of the
Reclaimed Water is not in material compliance with this Agreement or in strict compliance
with Applicable Laws, as each may be amended and such noncompliance has not been
remedied as provided in this Agreement.
c. Onsite System
City may terminate this Agreement immediately if City determines that the Onsite System
is not in material compliance with this Agreement or Applicable Laws, and such
noncompliance has not been remedied within thirty (30) days as provided in Section 9.
d.Nonpayment
In the event User fails to timely pay for Reclaimed Water in accordance with this
Agreement, City may interrupt service and terminate this Agreement after thirty (30) days
notice and opportunity to cure.Service will not be interrupted for failure to pay an amount
contested in good faith by User and in accordance with City's established procedures, so
long as User timely pays all other charges due and not in dispute. All billing inquiries,
disputes and decisions to terminate Reclaimed Water service for nonpayment shall be
resolved in accordance with City's established policies as such policies may be amended
from time to time.
e.Conveyance of Premises
City may terminate this Agreement immediately if User leases,sells, or conveys to another
entity ownership, control or possession of all or parts of the land on which all or part of the
Onsite System is located; provided, however, that City may, in its reasonable discretion
and on conditions it may require, permit this Agreement to be assigned to such other entity,
provided the entity to which the assignment is made shall use the Annual Amount of
Reclaimed Water for the same purposes and in the same locations as established in the
applicable Attachments hereto,all in accordance with this Agreement.
11.Liability,Indemnification and Force Maieure
a.User's Liability
User shall be solely responsible for any and all claims, damages, deaths, losses, injury,
fines, penalties, suits and liability of every[rind, including environmental liability, arising
from the use, distribution or discharge of the Reclaimed Water on User's side of the
Point(s) of Delivery by City, whether such us is intended or accidental, or authorized by
this Agreement and Applicable Laws or otherwise. User shall be solely responsible for any
and all claims, damages, deaths, losses, injury, fines, penalties, suits and liability of every
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kind arising from or relating to the design, installation, construction, connection,
maintenance, operation and modification of the Existing Facilities or future facilities on
User's side of the Point(s) of Delivery, regardless as to whether the onsite system was
released for service by City.
B. INDEMNIFICATION
USER AGREES TO INDEMNIFYAND HOLD HARMLESS THE CITY OF FORT
WORTH, AND ITS EMPLOYEES, OFFICERS, AGENTS AND
REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS,LOSSES,
DAMAGES, FINES, PENALTIES, CAUSES OF ACTION, SUITS, AND
LIABILITY OF EVERY KIND, INCLUDING ENVIRONMENTAL LIABILITY,
ALL EXPENSES OF LITIGATION,COURT COSTS,AND ATTORNEYS' FEES,
FOR INJURY TO OR DEATH OF ANY PERSON,OR FOR DAMAGE TO ANY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH USER'S
DISTRIBUTION, USE AND/OR STORAGE OF THE RECLAIMED WATER
PROVIDED HEREUNDER ON USER'S SIDE OF THE POINTS)OF DELIVERY,
AND/OR THE DESIGN, INSTALLATION, CONSTRUCTION, CONNECTION,
MAINTENANCE, MODIFICATION OR OPERATION OF USER'S ONSITE
SYSTEM ON USER'S SIDE OF THE POINT(S) OF DELIVERY, INCLUDING
WHEN CAUSED, IN WHOLE OR PART, BY USER, THIRD PARTIES, OR BY
THE CONTRIBUTORY NEGLIGENCE OF CITY REPRESENTATIVES. IT IS
THE EXPRESSED INTENT OF THE PARTIES HERETO THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY
USER TO INDEMNIFYAND PROTECT CITY REPRESENTATIVES FROM THE
NEGLIGENT ACTS OF THE USER, THIRD PARTIES, AND CITY
REPRESENTATIVES,EXCEPT WHEN CAUSED BY THE SOLE NEGLIGENCE
OF CITY REPRESENTATIVES.
c.Force Maieure
If by reason of Force Majeure,the City shall be rendered unable wholly or in part to carry
out its obligations under this Agreementto deliver Reclaimed Water,it shall not be required
to deliver Reclaimed Water,and its failure to deliver Reclaimed Water in accordance with
the terms and conditions of this Agreement shall not be considered a breach of this
Agreement. The term"Force Majeure"as used in this Agreement shall mean acts of God,
strikes, lock-outs, or other industrial disturbances, acts of the public enemy,orders of any
kind of the federal or state government or any civil or military authority, insurrection, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, stones, floods, washouts,
droughts, power failures, arrests,restraint of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines or canals, the partial or entire
failure of the Fort Worth Water System, unsuitable Reclaimed Water quality, or other
causes.Nothing herein shall be construed to enlarge the duty or liability of the City beyond
that imposed by law.
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12. General Conditions
a.This Agreement shall be construed and interpreted in accordance with the laws of the
State of Texas, and venue of any litigation hereunder shall be in a court competent
jurisdiction sitting in Tarrant County, Texas.
b. This Agreement and the attachments thereto contain all the agreements of the parties
with regard to this Agreement and cannot be enlarged, modified or changed in any respect
except by written amendment to this agreement between the parties.
c.The unenforceability, invalidity or illegality of any provisions of this Agreement shall
not render the other provisions unenforceable, invalid or illegal, but the parties shall
negotiate as to the effect of said unenforceability, invalidity or illegality on the rights and
obligations of the parties.
d.City and User will each use their best efforts to fully cooperate with one another as may
be necessary to diligently obtain and maintain in effect any required permits and all other
approvals and records required by regulatory requirements that may be necessary for the
City and User to perform under, or take advantage of, the terms and conditions of this
Agreement
c,The captions, titles and headings in this Agreement are merely for the convenience of
the parties and shall neither limit nor amplify the provisions of the Agreement itself.
f.This Agreement is for the sole and exclusive benefit of the parties hereto and shall not
be construed to confer any rights upon any third party. Nothing herein shall be construed
to confer standing upon any third party who did not otherwise have such standing.
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UN %VITNENR MUEREOF',the CI(% and Userhave fulh-executed this A-reermm on
7 - t5
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cx4s I n kabi'l kv compam
Purphclofff n9,202014:58CDT)
Oana Buz�iuklff M,
ASSISTANT Cln* D.Cmr_ VjjassL,
President
RECONEMEX13ED I)"
kk tTNESS as to User
Cl-T6-tcpkr P.Harder.P.E. -Fo
WATER DFP--\R*I-\!,TE\- T DIRECTOR r
Br
AP P RON FD AS_11-1 FOR XI AND
LEGALM'
c4,__1j44/f
Christa R.LOP(, iolde(Jun 9.20203 COT)
Christa R. LcWz-RemokLs
SR..kSSIST.X\r cI[)- .s.rrop\. I-,I
0 1 ATTEST
x .
'p-
Mary Kayscr
CITY SECRETARY
L OFFILM LI RECORD
"AL CM? SECRETARY
, r
FT.WORTH,TX
CONTRACT COM PLAINCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
enduring all performance and reporting requirements.
By: Z,(L
Name:Christopher P. Harder, P.E.
Water Department Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
PURPOSE AND LOCATION OF USE
Contract No. Effective Date of this
Attachment:
1. General category of reclaimed water use(s).Mark all that are applicable.
❑ Commercial ® irrigation
❑ Industrial ❑ Other(specify)
2. Describe specific purpose of reclaimed water use(s)
Golf course irrio-ation and related uses
3. Descnbe the boundaries within which the Reclaimed Water will be used. Attach a
map showing the following information:
i. Areas where Reclaimed Water is being utilized for irrigation or other authorized
uses,as well as any storage structures such as tanks or ponds;
ii. Location of the Reclaimed Water pipeline(s), controllers, valves; and
iii. Location of Reclaimed Water meter vauh(s) and sample port(s).
Does this Attachment A supersede a previous Attachment A? Yes❑ Non
If yes,what is the Effective Date of superseded Attachment A?
If yes,execution by authorized City representative is required.
Fort Worth Water Department Representative Date
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ATTACHMENT B
ANNUAL AMOUNT AND MONTHLY VOLUMES
1. User's total maximum annual quantity of Reclaimed Water(°`Annual Amount"):
196 acre feet/year(equivalent to about 64 million gallons per year)
2. Peak usage(maximum flow rate):487 gallons per minute
3. Estimated monthly volumes
MONTH Estimated Usage(1000
QaIlons/month
January 1,000
February 1,000
March 1,000
Apt 8,000
May 8,000
June 10,000
July 12,000 (max month)
August 12,000 (max month)
September 8,000
October 1,000
November 1,000
December 1,000
Does this Attachment supercede a previous Attachment B? Yes❑ No❑
If yes,what is the Effective Date of superseded Attachment B?
If yes,execution by authorized City representative is required by signature below.
Name and Title: Date:
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Attachment C
Village
• o
�Creek�Wate� s°
Reclamatloh'�Plant
No reclaimed Water'seNice
to be provided outside Links a `1
y at Waterchase LLC property -
- Links at
without City of'Fort Worth 1 — Meter
approval: Waterchase
- - — Q Irrigation Pump Station
1
Discharge Point
Actuated Valve
N Valve
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Page 1 of 6
D220128046 6141202010:49AM PGS 6 Fee: $39.00 Submitter: AVENU
Electronically Recorded by Tarrant County Clerk in Official Public Records
Mary Louise Nicholson
RECLAMED WATER RET.AIEL SERVICE
LIPIDS AT WATERCHA.SE,LLC
JOEL HALLUM SURVEY,ABSTRACT N0.273
FORT WORTH, TARRANT COUNTS',TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF FORT WORTH
WATER FACILITY"EASEMENT
DATE: 6/2/2020
GRANTORS: LINKS AT WATERCRASE,LLC,A'TEXAS LDETED LIABILI177"
COMPANY
GRANTOR'S MAILING ADDRESS:
6100 SOUTHWEST BLVD., SUITE 501
FORT WORTH, TARRANT COUNTY,TEXAS 76109
GRANTEE: CITY OF)TORT WORTH
GRANTEE'S MAILING ADDRESS:
200 TEXAS STREET
FORT WORTH,TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars($10.00)and other good and valuable consideration,the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY: Being more particularly described in Exhibits `:A" and "B", attached and
incorporated for all pertinent purposes (`Basement Property").
Grantor,for the consideration paid to Grantor and other good and valuable consideration,
hereby grants,sells,and conveys to Grantee an exclusive,perpetual easement on,over and through
the property for the installation, constriction, reconstruction, operation, maintenance,
replacement, upgrade, and repair of a reclaimed water connection hereafter referred to as
"Facilities." The Facilities include all incidental underground and aboveground attacbrments,
equipment and appurtenances, connections, structures, including, but not limited to manholes,
manhole vents, lateral line connections, pipelines, junction boxes in, over, upon, under, along,
through and across the Easement Property as more fully described in Exhibits "A" and "B"
attached hereto and incorporated herein for all pertinent purposes, together with the right and
privilege at any and all times to enter the Easement Property,or any part thereof, for the purpose
of installing, constructing, reconstructing, operating, maintaining, replacing, upgrading, and
repairing the Facilities.
In no event shall Grantor(i)use the Easement Property in any manner which interferes in
any material way or is inconsistent with the rights granted hereunder, or(ii) erect or permit to be
erected within the Easement Property a permanent above-ground structure or building,including,
but not limited to,monument sign,pole sign,billboard,brick or masonry fences or walls or other
above-ground structures that require a building permit. However, Grantor shall be permitted to
maintain any existing concrete driveway, road or cart path on the Easement Property. Grantee
shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and
expense, including the restoration of any sidewalks, driveways, or similar surface improvements
located upon or adjacent to the Easement Property Tract which are removed, relocated, altered,
damaged, or destroyed as a result of the Grantee's use of the Easement granted hereunder.
Provided,however,that Grantee shall not be obligated to restore or replace improvements installed
in violation of the provisions and intended use of this Easement.
TO HAVE AND TO HOLD the above-described Easement, together with all and singular the
rights and appurtenances thereto in anyway belonging unto Grantee,and Grantee's successors and
assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and
forever defend all and singular the easement unto Grantee,its successor and assigns,against every
person whomsoever lawfully claiming or to claim the same,or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
WATER FACILITY EASEMENT 1'oRTWORTH
Rev.I/9/I8
GRANTOR:
"➢"➢-dlE LINKS AT WATERCHASE.
A TEXAS LIMITED LIABII,➢T COMPANY
Bv�hLAA
D. Craig Valassis, President
GRANTEE:
CITY OF FORT WORTH
By:
Dana Burglidoff,�ssistan�k/*hC�pty Manager
Approved as to form and legality:
By:Matt Murray(Jun 2,202u 12:14 CDT)
Matt Murray, Assistant City Attorney
Ordinance No.24161-04-2020 no M&C required
*11 aXER FACu.ri'V E.;E�tE':T FORT 1VIORTH
Re'.
ACKNOWLEDGEMENT
STATE OF MICHIGAN §
COUNTY OF OAKLAND §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas-
on this day personally appeared D.Cram Valassis,President of Links at Waterehase,LLC,a Texas
limited liability company, known to me to be the same person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act and deed of
the Links of Wazerchase, a Texas limited liability company for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3p day of
—1 20 20 —
=of
S
Notary of titichiganland Notary public in a u or the State of'�fichig3.y Coms 5�p 21,2025acting in UQ)f 1 _v,
ACKNOWLEDGEMEN'r
STATE OF TEXAS §
COUNTY OF TARRANT§
BEFORE ME, the undersigned authority, on this day personally appeared Dana
Burghdoff._Assistant City Manager of the City of Fort Worth,known to me to be the person and
officer whose name is subscribed to the foregoing instrument,and acknowledged to me that she
executed the same as the act and deed of the City of Fort Worth, a Texas home-rule municipal
corporation, for the purpose and consideration therein expressed and in the capacity therein
stated.
TI EN UNDER MY HAND AND SEAL OF OFFICE this day of
20
E=1
ELENA ALA tiotary Publicin andfor theState of Texas
ubic,state of Texas
Expires 03-31-2024
y ID 132422528
'WATER FAC11.111 EA.NEAIE,r FoRTWoP,TH
Re-1/91M
EXH181T '4 "
25'WIDE REM 41MED W-4TERFACIZ=E4SEMEA7
EASTERLY NORTHEAST
CORNET? OF GOLF
COURSE J
of
N
;;:..
o =t CITY OF FORT WORTH
1 VILLAGE CREEK PL4NT
N 90°00'00" E w BLOCK ;
Io INST,-D188003393
C.
A. 1 .68' P.R.T. T.25'RECLAIMED WATER � '' 40 I �
FACILITY EASEMENT
W 0.023 ACRES
(1019.53 SQUARE FEET)
N pl
V.ATEH v44VF 1 S 00028'35" E
q3 TOP=475.14
3 TOP OF NUT 4727-c y 25.00' �;•
N 00000'00" E " "
t r VCYIRF RECLAIMED SYSTEM
25.00'
V MANHOLE
TO
/ TOP-t77.OB '
\'+ I TOP OF FLANGE=475.0B
FLOOR-477.2E
LINE WATER vgLVE
1'I�RGc TOP=475.1B
\ TOP OF NUT=472.00
NPOINT OF
o v� !; c� N 90°00'00"W I i BEGINNING
40.89'
LINKS AT WATERCHASE, LLC MANHOLE a
,!1
/NSTA 0199273304 TOP=475.33FLOOR=469.33 T
o R.P.R.T.C.T. FULL -14
OF WATER
i
N 1.
z 0
C
i A 1/2- FOUND AT A A 1/2- FOUND IN
N WE-SrERLY CORNER ® THE SOUTH LINE
o a I I rI OF GOLF COURSE OF GOLF COURSE
SHIELD
< ENGINEERING GROUP
0 20 40
TSP'e FIRM'F.11039 • TBPLS FIRM'10793890
1600 W°at 7th Stro°I,Svito 200,F°rt W—kh,TX 76102 817.810.0696 GRAPHIC SCALE !N FE
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NOTES:
rl I. LEGAL DESCRIPTION OF EVEN DATE ( G
o' ACCOMPANIES THIS EASEMENT. L'xm 31'r SIIOU'I\G A
2.
25•WIDE RECLAIM L•D U'A'i'8IC
S F:1('ILI'Tl'1 ASIi?IIi\'r C
0 4 TAATEE PLANE
REFERENCED TO THE U �`�•.9
STATE COORDINATE SYSTEI7. OUT OF
NORTH CENTRAL ZONE.NAD *83. ALL LINKS AT WATERCHASE,LLC •.:......................:....
015iANGES ARE SURFACE DISTANCES. Rr:('01CDED IN 1\BYRE'\IE\!'Ko.Iv7I13.04. REGORV J CAVATAIO
Cf1 i 1(')AL I'CI3LIC'ItiiC'01(8.4,rARRA\T(Y)C\I V.TESA.F ....'.......b3�'� .__.y�1TCA1•rD1NT111..IOI I r1AL1.U�1SL'ItvE1'.Af3SIRAC`f\:o 7_'S %�-9 -
N TARRANOT COUNTY,TEXAS ���SUM����
. XHI-8 T ,W",
5'14TDERECLAR E'D W-4 TER F,40MTYEA.SMWENT
BEING A TRACT OF LAND SITUATED IN THE JOEL HALLUM SURVEY,ABSTRACT NUMBER 723,CITY OF FORT WORTH,
TARRANT COUNTY COUNTY,TEXAS,AND BEING A PORTION OF A CERTAIN TRACT OF LAND DESCRIBED TO LINKS
AT WATERCHASE, LLC, BEING RECORDED UNDER INSTRUMENT No. D199213304, REAL PUBLIC RECORDS,
a TARRANT COUNTY,TEXAS, (R.P.R.T.C.T•),AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
N FOLLOWS:
COMMENCING AT A POINT BEING THE MOST EASTERLY NORTHEAST CORNER OF SAID LINKS AT WATERCHASE
a P TRACT 1N THE WEST LINE OF BLOCK 1,VILLAGE CREEK PLANT,AN ADDITION TO THE CITY OF FORT WORTH,
Ik ACCORDING TO THE PLAT THEREOF RECORDED UNDER INSTRUMENT NUMBER D188003893, R.P.R.T.C.T•;
0
a THENCE S 00-28'35" E,ALONG SAID COMMON LINE A DISTANCE OF 476.66 FEET TO THE POINT OF
" BEGINNING FROM WHICH A 1/2 INCH IRON ROD FOUND AT WESTERLY CORNER OF SAID LINKS AT
WATERCHASE TRACT BEARS S 42-53'57"W,A DISTANCE OF 2233.24 FEET AND FROM WHICH A 1/2 INCH IRON
ROD FOUND AT A WESTERLY CORNER OF SAID LINKS AT WATERCHASE TRACT BEARS S 30`41'17"W,A DISTANCE
OF 4117.97 FEET;
O
THENCE OVER AND ACROSS SAID LINKS AT WATERCHASE TRACTTHE FOLLOWING COURSES AND DISTANCES:
N WEST,A DISTANCE OF 40.89 FEET TO A POINT;
X
N
W NORTH,A DISTANCE OF 25.00 FEETTO A POINT;
W EAST,A DISTANCE OF 40.68 FEET TO A POINT 1N THE EAST LINE OF SAID LINKS AT WATERCHASE TRACT AND
THE WEST LINE OF SAID VILLAGE CREEK PLANT;
c;
THENCE S 00'28'35"E,ALONG SAID COMMON LINE A DISTANCE OF 25.00 FEETTO THE POINT OF
BEGINNING,AND CONTAINING 1,019.53 SQUARE FEET OR 0.023ACRES OF LAND.
n
0
0
N
w'
C:
z
c
w
C'
C) c
OM1�
U �MIp(ll � �ppgj;.'.��I� �r�
ha 15f1117�1 `�+ .+ E .fie D
p4A�h ,,�
i �1 h~yria,�r ENGINEERING GROUP
w
4
`i TBPE FIP.M vF-11039 • TBPLS FIP.M 10193S90
1600 Woat 7th St at,Saito 200,Fort Worth,TX 76102 817810.0696
`o
:J
nOTES
1. L-GAL DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS EASEMENT. 1\I llitll'SIIU\t'I\GA
2. 3EARINCS REFERENCED TO THE TEXAS v W IM:KIWI.%IMM)WATER FA('II_ITN'FASI:\lli\1'
C pp
STATE PLANE COORDINATE SYSTEM, (Il`T t)F tqv,�• Q�tj1
NORTH CE NTRAL ZONE,NAD'W. AL.L LINKS AT WATERCHASE,
V k' DISTANCES ARE SURFACE DISTANCES. GREGORY.dGAVATAIQ
1(i':('17Rp1 b I\I\SI'i(U\t!?\T\u.I•n]135W,
d I 01 FICIAL 110M.K k1:01I S T•vth\\'r rot\IV.TI;x\. q"@i3$J
f�
CITY tIOF\FORT WORTH
A("I
TARRANT COUNTY,TEXAS
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