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Home My WebLink AboutContract 58191 Date and Time Received: 10/06/2022 11:34 am City Secretary No.: 58191 SEWER LINE ABANDONMENT AGREEMENT THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a Texas home rule municipal corporation ("City"), acting by and through its duly authorized Assistant City Manager,Dana Burghdoff and Dashrose, LLC, a Texas limited liability company ("Developer"I RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Fort Worth,Tarrant County,Texas,located at Lot 7-R,Block 11-R,of the Fields-Welch Addition,Fort Worth,TX ("Property"); and WHEREAS, Developer intends to transfer ownership of the Property to a third party, Texas Christian University,a Texas non-profit corporation("Transferee"),including its privileges, rights and responsibilities under this Agreement, and pursuant to Section 7, below, and Developer's and/or Transferee's compliance with same,this Agreement shall automatically confer to Transferee; and WHEREAS, the City owns and maintains a public sewer facility known as L-462 and connected laterals L-12436 and L-12437(collectively,the"Sewer Line")in the Property as shown on the diagram attached to this Agreement as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City abandon the Sewer Line; and WHEREAS,the City has reviewed Developer's request and has determined that the Sewer Line serves no customers within or beyond the boundaries of the Property; and WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this abandonment of a city facility, Developer agrees to pay City the depreciated value of the Sewer Line in the amount of$86,602.25 ("Depreciated Value"); and WHEREAS,once abandoned,Developer shall have exclusive control over the Sewer Line and shall use all reasonable care to prevent infiltration into the City's active sewer system. NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: AGREEMENT 1. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Sewer Line Abandonment Agreement mev. Upon receipt of the payment in the amount designated as the Depreciated Value, City shall and by these presents, does hereby abandon the Sewer Line from the point designated on Exhibit "A"but only to the extent shown thereon.Developer agrees to install a manhole,at its expense,to demarcate and facilitate the abandonment and to prevent infiltration into the City's public sewer system, as shown on Exhibit"A".Developer agrees to pay to City, concurrent with its execution and delivery of this Agreement to City, the Depreciated Value. Developer shall not perform any work on the Sewer Line until said payment has been made and acknowledged by City. 2. Developer agrees that City is not required to fill the Sewer Line with grout as Developer intends to completely remove the Sewer Line as part of its development activities. 3. Developer shall not make use of or expand the Sewer Line or otherwise cause any infringement on the City's remaining public sewer infrastructure; provided, however, nothing herein shall prevent Developer or Transferee from performing construction activities affecting the Sewer Line (installation of a manhole) as described in the Community Facilities Agreement (CFA22-0074)between Texas Christian University and City. 4. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,ARISING OUT OF OR IN CONNECTION WITH, THE ABANDONMENT, CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE SEWER LINE, WHETHER OR NOT CAUSED,IN WHOLE OR IN PART,BY THE NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OF DEVELOPER, OR OF THE CITY; AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. DEVELOPER SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS. NOTHING IN THIS PROVISION CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. 5. Developer agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances,codes or regulations in connection with the construction or removal of the Sewer Line. 6. Page 2 of 7 Sewer Line Abandonment Agreement Rev. 8/2022 Developer agrees and acknowledges that this Agreement is solely for the purpose of the City abandoning the Sewer Line and Developer thereafter having ownership and full responsibility of the decommissioning or removal of the Sewer Line and is not a conveyance of any right, title or interest in or to any other of the City's public infrastructure not herein identified as part of the Sewer Line, nor is it meant to convey any right to use or occupy property in which a third party may have an interest. 7. In the event Developer conveys the Property, Developer shall provide a copy of this Agreement,which shall run with the land,to the new owner of the Property along with a report on the status of Developer's actions with respect to the Sewer Line (e.g., unaltered, filled and left in place, removed). Developer or Transferee shall promptly notify City of any transfer in ownership of the Property. 8. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. In any action brought under or to enforce any part of this Agreement, the prevailing party shall be entitled to recover interest and reasonable attorney's fees. 9. This Agreement shall be binding upon the parties hereto, their successors and assigns. THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager. City of Fort Worth Developer: By: Dana Burghdoff(Oct 4,202 :36CDT) Dashrose, LLC Dana Burghdoff a Texas Limited Liability Company Assistant City Manager O Ct ^`t� 2022 O22 By: Ploutos Property Management,LLC Date: 1. a Texas Limited Liability Company, its Manager By: W41am M. fferr,Jr., mg Member Date: OFFICIAL RECORD CITY SECRETARY Sewer Line Abandonment Agreement FT. WORTH, TX Recommended: �� / � Chris Harder, P.E. Water Department Director Approved As To Form and Legality WA DQlack(Oct 3,2022 12:05 CDT) Douglas W Black Sr. Assistant City Attorney oa�� oA�G FORT�� /J ` o°0000° ATTEST: 'V a°° °°°O d� .7�`I`IG��G c1 GDOG��GG P"o 0"A Jannette S.Goodall(Oct4,2022 20:03 CDT) Q,`o o x Jannette S. Goodall �d o o �� City Secretary d� °° o � °0000000 ICY ��SEX Asap Contract Compliance Manager By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract,including ensuring all performance and reporting requirements. J.,��"O.C- Name: J. Taylor Gunderman, P.E. Title: Engineering Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Page 4 of 7 Sewer Line Abandonment Agreement Rev. 8/2022 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Dana Burghdoff, Assistant City Manager of the CITY OF FORT WORTH,known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF FORT WORTH and that he executed the same for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of October ,20 22 Digitally sign,dbyJennifer Jennifer Ezernack Ezernack Date:2022.10.04 14:07:44-05'00' RYPG JENNIFER L. EZERNACK Notary Public y Notar Public in and for the State of TEXAS z � + * STATE OF TEXAS oO% GV P Notary I.D. 130561630 �OF� My Comm.Exp.Mar. 1,2024 After Recording Return to: City of Fort Worth Water Department 200 Texas Street Fort Worth TX, 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 5 of 7 Sewer Line Abandonment Agreement Rev. 8/2022 i THE STATE OF COUNTY OF �6IV1 O'o9y § BEFORE ME, the undersigned authority, on this day personally appeared William M. Kerr, Jr., as Managing Member of Ploutos Property Management LLC, a Texas limited liability company, as Manager of Dashrose, LLC, a Texas limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Dashrose LLC, a Texas limited liability company, and that he executed the same as the act of said Dashrose LLC, a Texas limited liability company, for the purpose and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this' J day of ,-4 , 20 tary Public in and for the State of Ca k 66(✓1" q ::•hL•hVhhY.•.Y.'K•.:LYh:•.•.Y.:•h:•h1.1•hY.:L•.:t:} ti Dylan Vincent Tuell K{} COMM.#2378894 a NOTARY PUBLIC •CALIFORNIA SAN DIEGO COUNTY y:: Commission Expires OCT 18,2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 6 of 7 Sewer Line Abandonment Agreement Rev. 8/2022 EXHIBIT "A" Map of Line and Public/Private Boundary � -y1y41 I 4Y: �q v ts�icq�, SewEr l Ine lO r be a(landoned rtA1 t � y ,► ,.�t 1. ` .... k e 1. J, il= 2W. J. a. ,. - i•.. „3 1, - f 1 rrepase_.ub a •�� - i7��7sLt"•._n:��.�.,.•_ S .1, ..c I �,�fi' r ,._..., �i e srrsrnpvr ra y rw 1.1 rcu rsaAT- x AYVO tD ro.re+r?�a �vuls Sewer Line tO 1-vs,.cm _ - � --- •,�, - e Abandoned f� � ,%-%bif-)f.,dl.Mic-lF,>�(t�)<•_%•IG'.T-.-If�, _ �.... ,— .rx,nirK��•1 I��.� ....; eM' F A T- —r--I , IJ I -1 X•A,se 1 Ilxrr ' I mvus •'\' Ym.urn n'k'-�sy..wtd, Ixrnxn:.sav:m I i rw1� I , 2 awe s¢xsn .,I, mmrc� r" V I rxSm'C d I I I �-s I 71. --•.I ae awc.ro I i 1 g� II I I >wol le s T !�� •m 1 � Y I I� f 1 I I .. .`, 1 wwnrz I �ao�l.¢vo- "�11 I ! I I � o :erAnxa efYJIA 1 —f,Y-1 ` y} A I PI.V[A'C Th1 1 rGloil��4"S�.C�Arms , rvsn+>;a�Jo .' ��• [M'1iICrR r0 X nEb!Yy-�� a>rascr AVT XI M I F Proposed Public Manhole 1 Page 7 of 7 Sewer Line Abandonment Agreement Rev. 8/2022