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HomeMy WebLinkAboutContract 48652-A1 tk R 9 CITY SECRETARY' RECENED CBNTRACTNO. ` CPSZ APR 2 5 2018 March 28,2018 CITY OF FORT VVORTH CITYSECRETARY ;FIRST AMENDMENT TO WATER AND WASTEWATER UTILITY a SERVICES TRANSFER AGREEMENT This First Amendment to Water and Wastewater Utility Services Transfer Agreement ("First Amendment") is entered into by and between Aqua Texas, Inc., a Texas corporation ("Aqua Texas"), the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Johnson, Parker and Wise Counties, Texas (the "City"), Alpha Ranch Fresh Water Supply District of Denton and Wise Counties ("Aha Ranch District"), South Denton County Water Control and Improvement District No. 1 ("Brookfield District") and North Fort Worth Water Control and Improvement District No. 1 of Denton and Wise Counties ("Shale Creek District") (collectively, the "Parties"). RECITALS WHEREAS, Aqua Texas, the City, Alpha Ranch District, Brookfield District and Shale Creek District entered into that certain Water and Wastewater Utility Services Transfer Agreement effective March 1,2017 (City Secretary Contract No. 48652) (the"Agreement"); and WHEREAS, the Agreement provides for Aqua Texas to transfer all of its rights and obligations under water Certificate of Convenience and Necessity ("CCN") No. 11157 for certain property defined therein as the Water CCN Transfer Areas to the City; and WHEREAS, the CCN number for the Water CCN Transfer Areas is CCN No. 13201,not CCN No. 11157; and WHEREAS, the Parties wish to amend the Agreement to correct all references to water CCN number from CCN No. 11157 to CCN No. 13201; NOW, THEREFORE, in consideration of the premises, mutual promises, covenants, obligations, and benefits herein contained,the Parties agree as follows; 1. The Agreement is amended to change all references to CCN No. 11.157 to CCN No. 13201. 2. Except as specifically amended in this First Amendment,the Agreement shall remain in full force and effect in accordance with its original terms and conditions. 3. This Agreement may be executed in multiple counterparts,each of which shall be deemed to be an original. 4. This Agreement shall be effective upon execution by all Parties. OFFICIAL RECORD CITY SECR".4.RY FT.NYORTF' TX First Amendment to Water and Wastewater Utility Services Transfer Agier-ment—Page 1- March 28,2018 ATTEST: AQUA TEXAS,INC. By: Corporate Secretary Robert L. Laughman,President First Amendment to Water and Wastewater Utility Services Transfer Agreement—Page 2 March 28, 2018 AQUA TEXAS,INC. By: �P6� R h rt L. I.,augh n, President First Amendment to Water and Wastewater Utility Services Transfer Agreement—Page 2 March 28, 2018 ATTEST: CITY OF FORT WORTH By: (�Y Mary J. Kaye ity ecre ry F FQ ' Assistant City Manager te: < �r APPROVED AS TO FO A _ C/ M . Assistant City Attorn y OFFICIAL RECORD CITY SECRETARY FT.WORTH,Irx First Amendment to Water and Wastewater Utility Services Transfer Agreement—Page 3 March 28, 2018 BROOKFIELD FRESH WATER SUPPLY DISTRICT NO. 1 OF DENTON COUNTY f/k/a South Dent-n County Water Control and Improve Di c No. 1 By:_ Name: Sa dra Tabacinic Title: President Date: First Amendment to Water and Wastewater Utility Services Transfer Agreement—Page 4 March 28, 2018 ALPHA RANCH FRESH WATER SUPPLY DISTRICT OF DENTON AND WISE COUNTIES By: Name:__/ !"� Title: Date: D First Amendment to Water and Wastewater Utility Services Transfer Agreement—Page 5 March 28, 2018 NORTH FORT WORTH WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON AND WISE COUNTIES By: Name: e Title: President Date: 31357.21 First Amendment to Water and Wastewater Utility Services Transfer Agreement—Page 6 Contract Compliance Manager for the Water and Wastewater Utility Services Transfer Agreement. By signing I aclmowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Name of Emplo —Wendy Chi-Babulal,EMBAA,P.27 — Water Planning/Develapment En itig eerin .Manayper Title 1