HomeMy WebLinkAboutContract 26226 CITY SECRETARY
CONTRACT NO. A)-;0
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 24162
LINKS AT WATERCHASE, L.L.C.
WHEREAS, on the 24t'day of August, 1998,the City of Fort Worth and the Links
at Waterchase,L.L.C.,made and entered into City of Fort Worth City Secretary Contract
No. 24162, whereby the City of Fort Worth agreed to sell to the Links at Waterchase,
L.L.C. and the Links at Waterchase, L.L.C. agreed to purchase from the City of Fort
Worth treated wastewater effluent; and
WHEREAS, the City of Fort Worth and the Links at Waterchase, L.L.C. desire to
amend said City of Fort Worth City Secretary Contract No. 24162 to permit the Links
at Waterchase, L.L.C. to resale the treated wastewater effluent.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, acting herein by and through Mike Groomer, its duly
authorized assistant city manager, and the Links at Waterchase, L.L.C., acting herein
by and through Nick Martin, its duly authorized director, do hereby agree as follows:
1.
Paragraph 3.3 of City of Fort Worth City Secretary Contract 24162 is amended
to be and read as follows:
3.3 For such period of time as this contract is in effect, Customer is
hereby authorized to resell treated wastewater effluent for the sole use in
the irrigation of a golf course to The Academy at Waterchase, Ltd.
("Academy") pursuant to the terms of a written agreement between
Customer and the Academy, subject to the City's right to approve the
contract. Customer shall be solely responsible for the payment for all
treated wastewater,whether the wastewater is used by Customer or by the
Academy.
2.
City of Fort Worth City Secretary Contract 24162 is amended by adding
paragraph 8.5, which shall be and read as follows:
Customer shall develop an operation and maintenance plan in accordance with
TNRCC Rules for Use of Reclaimed Water, Chapter 210, and maintain a copy of such
plan on site.
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3.
City of Fort Worth City Secretary Contract 24162 is amended by adding
paragraphs 3.3.1 and 3.3.2, which shall be and read as follows:
3.3.1 The written agreement between Customer and the Academy shall
include the following paragraphs:
The wastewater to be delivered by Customer to the Academy shall be
treated wastewater effluent. Academy has satisfied itself that such treated
wastewater effluent will be suitable for its use. Wastewater effluent
delivered by Customer to the Academy shall be deemed to be sufficient and
acceptable under the terms of this Contract if the quality, as measured and
determined at the Point-of-Discharge by the City of Fort Worth to
Customer meets the standards and criteria for a discharge at that point as
required by the City of Fort Worth's discharge permit. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION
HEREIN. SPECIFICALLY, WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY
DISCLAIMED.
Academy shall use the wastewater effluent only within that area as shown
in Exhibit "B" attached to City of Fort Worth City Secretary Contract
24162.
Academy acknowledges that the City of Fort Worth may temporarily
suspend the delivery of treated wastewater effluent to Customer at any
time the quality of the effluent does not meet the minimum requirements
established by the TNRCC for reused water. In such event, the City of
Fort Worth will notify Customer of such suspension and the estimated
duration of the suspension. At such time as the cause for the suspension
is cured, City will notify Customer that it is ready to resume delivery.
Customer shall be responsible to notify Academy of any suspension and
resumption of delivery.
Academy shall develop an operation and maintenance plan in accordance
with TNRCC Rules for Use of Reclaimed Water, Chapter 210, and
maintain a copy of such plan on site.
This contract is subject to that existing contract between the City of Fort
Worth and Customer, same being City of Fort Worth City Secretary
Contract No. 24162. Further, this contract is subject to all applicable
Federal and State laws and any applicable permits, ordinances, rules,
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orders and regulations of any local,state or federal governmental authority
having or asserting jurisdiction; but nothing contained herein shall be
construed as a waiver of any right to question or contest any such law,
ordinance, rule, or regulation in any forum having jurisdiction.
3.3.2 Customer shall not deliver treated wastewater effluent to the
Academy until the written contract between Customer and the Academy
described in paragraph 3.3 has been approved by the City.
4.
All other terms and conditions of City of Fort Worth City Secretary Contract No.
24162 not amended herein remain in full force and effect.
ATT CITY O FOR O H:
By: By:
loria Pearso Mike Groomer
City Secretary Assistant City Manager
Approved as to Form and Legality Links at Waterchase, L.L.C.
By:�/ By:
Assistan ity Attorney Nick Martin, Director
c - xl 90 5'
contract Au�thorization
3 -g- 00
Date
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WATER AGREEMENT
This Water Agreement(this"Agreement)is made by and between Links At Waterchase,LLC,a Texas
limited liability company("Links"),and The Academy At Waterchase,Ltd.,a Texas limited partnership(the
"Academy").
WHEREAS, Links entered into that certain Contract For The Sale of Treated Waste Water(said
contract being City of Fort Worth City Secretary Contract 24162)with the City of Fort Worth(hereinafter the
"Contract") for the purchase of treated wastewater effluent for use in the irrigation of a golf course; and
WHEREAS,the Contract has been amended to permit Links to resell treated wastewater effluent to
the Academy for the sole use in the irrigation of a golf course.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, it is agreed as follows:
1.
Subject to all of the terms of the Contract and the agreements contained herein,at the sole expense of
Academy,Links agrees to sell and deliver treated wastewater effluent to Academy at such points of delivery
as may be agreed by Links. Academy shall have the responsibility, at its sole cost and expense,for providing
any pipelines, connections and other facilities required for transporting and using the treated wastewater
effluent. Academy agrees to employ a contractor acceptable to the City of Fort Worth(the"City")and Links
for the construction of such facilities.
2.
The charges for the treated wastewater effluent to be sold hereunder shall be equal to the charge Links
pays the City,as such charges may change from time to time. The Academy also agrees to pay Links all other
costs and expense incurred by Links in connection with the sale and delivery of such wastewater to the
Academy. Academy shall be responsible for the payment of all charges for all treated wastewater,whether or
not the wastewater is used by the Academy,within five(5)days of receipt of any invoice. If payment is not
received within said five(5)day period,Links shall be entitled to terminate supplying wastewater to Academy
and shall have no further obligations to Academy hereunder. All past due payments shall bear interest at the
rate of eighteen percent (18%)per annum from the due date until paid.
3.
Academy has satisfied itself that the treated wastewater effluent to be purchased hereunder will be
suitable for its use. Wastewater effluent delivered by Links to the Academy shall be deemed to be sufficient
and acceptable under the terms of this Agreement if the quality,as measured and determined at the Point-of-
Discharge(as defined in the Contract)by the City to Links meets the standards and criteria for a discharge at
that point as required by the City's discharge permit. THERE ARE NO WARRANTIES, EXPRESS OR
IMPLIED,THAT EXTEND BEYOND THE DESCRIPTION HEREIN.SPECIFICALLY,WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY
DISCLAIMED. NOTWITHSTANDING THE FOREGOING, LINKS SHALL NOT BE RESPONSIBLE
FOR OR LIABLE TO ACADEMY FOR THE QUALITY OR FITNESS OF THE WATER EFFLUENT
DELIVERED TO LINKS OR ACADEMY BY THE CITY OF FORT WORTH.
4.
Academy shall use the wastewater effluent only within that area as shown on Exhibit"B"attached to
the Contract.
5.
Academy acknowledges that the City may temporarily suspend the delivery of treated wastewater
effluent to Links at any time the quality of the effluent does not meet the minimum requirements established
by the Texas National Resource Conservation Commission("TNRCC")for reused water. In such event,the
City will notify Links of such suspension and the estimated duration of the suspension. At such time as the
cause for the suspension is cured,the City will notify Links that is it ready to resume delivery. Links shall be
responsible to notify Academy of any suspension and resumption of delivery. Links shall not be responsible
for or liable to Academy for the failure of the City to deliver wastewater to Links under the Contract or for the
failure of Links to deliver wastewater to Academy.
6.
Academy shall develop an operation and maintenance plan in accordance with TNRCC Rules for Use
of Reclaimed Water,Chapter 210,and maintain a copy of such plan on site and shall furnish Links with a copy
of such plan. Academy shall strictly comply with such rules and from time to time,at the request of Links,
shall furnish evidence satisfactory to Links of strict compliance by Academy with TNRCC Rules For Use of
Reclaimed Water, Chapter 210.
7.
This Agreement is subject to that existing Contract between the City and Links(same being City of
Fort Worth City Secretary Contract No. 24162). In addition, this Agreement is subject to all applicable
Federal and State laws and any applicable permits,ordinances,rules,orders and regulations of any local,state
or federal governmental authority having or asserting jurisdiction; but nothing contained herein shall be
construed as a waiver of any right to question or contest any such law, ordinance,rule,or regulation in any
forum having jurisdiction.
8.
Academy unconditionally agrees to defend,indemnify and hold harmless Links of and from any and
all demands,claims,liabilities,causes of actions,costs and expenses in any manner relating to or arising out
of the failure of Academy to comply with any of the terms of this Agreement or of any Federal,state or local
law, ordinance, rule or regulation in any manner relating to this Agreement or the Contract. THIS
INDEMNITY SHALL EXPRESSLY APPLY EVEN IN CASES IN WHICH LINKS IS NEGLIGENT OR
HAS FAILED TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE
OR REGULATION IN ANY MANNER RELATING TO THIS AGREEMENT OR THE CONTRACT.
9.
Academy acknowledges and agrees that Links has not granted to Academy any express or implied
easement or license over, across or with respect to any property owned by Lin
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10.
This Agreement shall not be assignable by the Academy.
11.
This Agreement may be terminated for any reason by Links upon the earlier of(a)thirty(30)days
prior written notice to Academy or its successors or assigns, or(b)the termination of the Contract.
12.
This Agreement shall be construed in accordance with the laws of the State of Texas.
13.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. This Agreement shall not be modified except by a written agreement dated
subsequent to the date of this Agreement and signed by both parties. None of the provisions of this
Agreement shall be deemed to have been waived by any act or acquiescence on the part of Links,
its officers, agents or employees, but only by an instrument in writing which is signed by an
authorized officer of Links. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision(s) or of the same provisions on another occasion.
14.
Subject to Section 10 above, this Agreement shall be binding upon and inure to the benefit of the
parties and their successors and assigns.
Executed to be effective as of the S day of April, 2000.
THE ACADEMY AT WATERCHASE, LTD., a
Texas limited partnership
By: JBT SQUARED, INC., General Partner
B
illiam L. Keith, President
LINKS AT WATERCHASE, LLC, a Texas limited
liability company
By:
Nicholas Martin, Jr., resident.
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City of Fort Worth, Texas
"avow and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/7/00 **C-17905 60LINKS 1 of 1
SUBJECT FIRST AMENDMENT TO CONTRACT WITH THE LINKS AT WATERCHASE L.L.C. TO
PERMIT THE RESALE OF TREATED WASTEWATER EFFLUENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a first amendment to
City Secretary Contract (No. 24162) with the Links at Waterchase, L.L.C. to permit the resale of treated
wastewater effluent.
DISCUSSION:
On August 11, 1998 (M&C C-16928), the City Council authorized the execution of a contract with the
Links at Waterchase, L.L.C. for the sale of wastewater effluent to irrigate a golf course and golf training
center.
The proposed amendment will permit the Links at Waterchase, L.L.C. to resell treated wastewater
effluent for the irrigation of a golf course to the Academy at Waterchase, L.L.P. The Links at
Waterchase, L.L.0 will be responsible for payment for all treated wastewater.
As per requirement of the Texas Natural Resource Conservation Commission, the Water Department
will have the ability to suspend delivery if the quality of the water does not meet regulatory
requirements.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROM
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
MAR Z 20
Dale Fisseler 8207 (from) �� ))
Additional Information Contact:
am
Citi 0o*of•Tax=
Fisseler 8207 1 Fort