HomeMy WebLinkAboutContract 58192 Date and Time Received: 10/06/2022 11:38 am City Secretary No.: 58192
SEWER LINE PRIVATIZATION 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, and Dashrose, LLC, a Texas limited liability company
("Developer".
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 11, 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 seiner facility knomn as L-460 (the
"Sewer Line")within 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 allow Developer to privatize the Sewer Line; and
WHEREAS, the Sewer Line provides sewer service to at least one customer("Customer");
and
WHEREAS,the City,by Ordinance No. 25581-06-2022,has vacated and extinguished the
surface rights to the alley within which the Sewer Line is found; and
WHEREAS, Developer desires to convert the length of the public line from designated
locations shown on Exhibit "A" to a privately owned and maintained line, which remains a part
of City's active sewer system; and
WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this
privatization of a city facility, Developer agrees to pay City the depreciated value of the Sewer
Line in the amount of$31,846.45 ("Depreciated Value"); and
WHEREAS, once privatized,Developer shall have exclusive control over the Sewer Line
and shall use all reasonable care to maintain and operate the line and maintain service to the
Customer; and
WHEREAS,Developer has met the requirements for the privatization of the Sewer Line
as adopted in the City's policies and procedures; and
OFFICIAL RECORD
Sewer Line Privatization Agreement CITY SECRETARY
FT. WORTH, TX
WHEREAS, the City agrees to allow the privatization as set forth in this Agreement to
accommodate the needs of the Developer.
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
AGREEMENT
1.
Upon receipt of the payment in the amount designated as the Depreciated Value, City shall
and by these presents, does hereby surrender 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 privatization point from the public sewer system and to continue to
provide service to the customer at a point 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.
Nothing recited herein shall prevent Developer or Transferee from performing construction
activities affecting the Sewer Line (installation of the manhole) as described in the Community
Facilities Agreement(CFA22-0074) between Texas Christian University and City..
2.
Developer hereby accepts the Line "as-is" and warrants that Developer has performed its
due diligence to understand the condition of the Line without relying on any representation by the
City. Developer agrees to be wholly responsible for maintaining the Line. Developer shall not
expand or otherwise cause any infringement on the City's public infrastructure.
3.
All construction, maintenance and operation of the Line shall be performed in strict compliance
with this Agreement and the City's Charter, Policies, Ordinances and Codes.
4.
Developer shall maintain service to the Customer until such time as Customer's need for service
ceases.
5.
In the case of an emergency,Developer agrees that City may enter and utilize the referenced areas
during said emergency for the purpose of installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety and welfare of the
public or for any other public purpose.
6.
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
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Sewer Line Privatization Agreement Rev. 7/2022
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 CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE
OR LOCATION OF THE SEWER LINE AND USES GRANTED HEREUNDER,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, GRANTEES OR OFFICIALS, OR INVITEES 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 SEWER LINE. NOTHING IN THIS PROVISION
CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR
UNDER THIS AGREEMENT.
7.
Developer agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance
of the Line.
8.
Developer covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or
employee of City, and Developer shall have exclusive control of and the exclusive right to control
the details of its operations, and all persons performing same, and shall be solely responsible for
the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors,
grantees and invitees. The doctrine of respondeat superior shall not apply as between City and
Developer, its officers, agents, servants, employees, contractors and subcontractors, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and Developer.
9.
Developer agrees and acknowledges that this Agreement is solely for the purpose of
granting to Developer ownership and full responsibility of the maintenance of the Line and is not
a conveyance of any right, title or interest in or to 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. Developer agrees that it will obtain all necessary
permissions before occupying such property.
10.
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.
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Sewer Line Privatization Agreement Rev. 7/2022
11.
Developer covenants and agrees that it will not assign all or any of its rights,privileges or
duties under this Agreement without the written approval of City, and any attempted assignment
without such written approval shall be void. In the event Developer conveys the Property,
Developer may assign all of its rights and obligations under this Agreement to the new owner of
the Property, and Developer shall be deemed released from its duties and obligations hereunder
upon City's approval in writing of such assignment, which approval shall not be unreasonably
conditioned or withheld. Developer shall promptly notify City of any transfer in ownership of the
Property. Foreclosure by a secured lender of Developer or assignment to a secured lender by
Developer in the event of default or otherwise shall not require City approval provided that said
lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all
of Developers' rights and obligations hereunder. However, no change of ownership due to
foreclosure or assignment to any secured lender of Developer shall be effective as to City unless
and until written notice of such foreclosure or assignment is provided to City.
12.
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.
13.
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:
Dapa L�l���,,41Z; "
By: Dana Burghdoff(Oc 4,2022 fOr37CDT) Dashrose, LLC
Dana Burghdoff a Texas Limited Liability Company
Assistant City Manager By: Ploutos Property Management, LLC
a Texas 'mited Liability Comnnny, its Manager
Date: Oct 4, 2022 B '
Y
William M. Kerr, Jr., aging Member
Date: alz
Recomi nd d By:
�,L OFFICIAL RECORD
Cluis Harder, P.E. CITY SECRETARY
Water Department Director FT. WORTH, TX
Page 4 of&
Sewer Line Privatization Agreement Rev. 7/2022
Approved As To Form and Legality
�l
D$l-k(Oct 3,202212:04 CDT)
Douglas W Black �4��n�
Sr. Assistant City Attorney a� Fonr 11
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ATTEST: ��►oG��d
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Jannettedall(Oct4,2022 S. Goodall DT) ° ° d
�� �° dd
City Secretary 4 °°°°°°°°° a
nEXASaA"
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.
//Namme: J. Taylor Gunderman, P.E.
Title: Engineering Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Sewer Line Privatization Agreement Rev. 7/2022
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 signed by Jennifer
Jennifer Ezernack Ezernack
Date:2022.10.04 14:06:09-05'00'
oY/'(ie/ JENNIFER L. EZERNACK Notary Public in and for the State of TEXAS
z n Notary Public
* + STATE OF TEXAS
Notary I.D.
N9rF OF���+Q 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 6 of 8
Sewer-Line Privatization Agreement Rev. 7/2022
THE STATE OF Ci�ll�lr✓liC( §
�ie §
COUNTY OF 5CtA ,g� §
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 (:;45 day of A\A,q�zA
,
20 as .
tary Public in and for the
State of �/�y�'
ti Dylan Vincent Tuell
a comm.#2378894
NOTARY PUBLIC •CALIFORNIA' 1
ti SAN DIEGO COUNTY
%%%-.% %"..::::::Commission bpims:OCT 18,2025::•.Y.:W.W..t.S,yJLL:V 57YL'Sh1Y
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Sewer Line Privatization Agreement Rev. 7/2022
EXHIBIT "A"
Map of Sewer Line
- Sewer Line to 1 L_ WUASMWUOD ST
t al be Privatized ` -a
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Page 8 of 8
Sewer Line Privatization Agreement Rev. 7/2022