HomeMy WebLinkAboutContract 33656 CITY SECETARY
CONTRACT NO.
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO, 31939 BY AND
BETWEEN THE CITY OF FT. WORTH,AQUA UTILITIES, INC. AND THE
RESORT AT EAGLE MOUNTAIN LAKE, L.P.
WHEREAS, on June 14, 2005, the City of Fort Worth, Aqua Utilities, Inc., and
The Resort at Eagle Mountain Lake, L. P. made and entered into City of Fort Worth City
Secretary Contract No. 31939 regarding a temporary supplemental supply of treated
water to be provided by the City of Fort Worth; and
WHEREAS, it has become necessary to amend City of Fort Worth City Secretary
Contract No. 31939,
NOW THEREFORE, the City of Fort Worth, hereinafter referred to as "Fort
Worth", acting herein by and through Marc A. Ott, its duly authorized assistant city
manager; Aqua Utilities, Inc., hereinafter referred to as "Customer", acting herein by and
through Robert Laughman, its duly authorized vice president; and The Resort at Eagle
Mountain Lake, L. P., hereinafter referred to as "Developer", acting herein by and
through Pars Investment, Inc., its duly authorized general partner, acting herein by and
through Mehrdad Moayedi, its duly authorized president, do hereby agree as follows:
1.
Section 17.1 of City Secretary Contract No. 31939 is hereby amended, and after
being so amended, shall be and read as follows:
17.1 As partial consideration for the execution of this
Agreement, Developer hereby agrees that as a condition precedent
to a long-term supplemental water supply contract between Fort
Worth and Customer, Developer shall contribute the necessary
capital to reduce the annual assessment levied by the PID on any
lot for the construction of any water transmission lines, sewer
collection lines, streets, storm drains, sidewalks, streetlights, traffic
signals and other authorized improvements to an amount not to
exceed $1,500. o
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ORIGINAL
2.
All other terms and conditions of City Secretary Contract No. 31939 not amended
herein shall remain in full force and effect.
Signed in quadruplicate, each of which is considered to be an original on this
day of February, 2006.
ATTEST:
CITY OF FORT WORTH
B
y•
Marty Hendr' Marc A. Ott
City Secretary Assistant City Manager
Approved as to Form and Legality: �—� �7�70-
Contract Authorization
Assistant City Attorney Date
ATTEST: AQUA UTILITIES, INC.
By: ��441L_
Corporate Secretary Robert Laughma
Vice President, perations
ATTEST: THE RESORT AT EAGLE
MOUNTAIN LAKE, L. P.
By: Pars Investments, Inc.
Corporate Secretary Its General Partner
By:
Mehrdad Moayedi
President
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FIRST AMENDMENT i`v9 ( 1 � �
CITY SECRETARY CONTRACT 31939 U
Page 2 of 2 R q ..rJ,' ' p K.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/31/2005
DATE: Tuesday, May 31, 2005
LOG NAME: 60RESORT REFERENCE NO.: **C-20772
SUBJECT:
Authorize Execution of Agreement with Aqua Utilities, Inc. and The Resort at Eagle Mountain Lake,
L. P. for the City to Sell Treated Water on a Temporary Basis for The Resort on Eagle Mountain
Lake
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Aqua
Utilities, Inc. and The Resort at Eagle Mountain Lake, L.P. for the City to sell treated water to Aqua Utilities,
Inc. to supplement the water supply for The Resort on Eagle Mountain Lake.
DISCUSSION:
The Resort on Eagle Mountain Lake is a 528-acre master-planned community located in the City's
extraterritorial jurisdiction, which is being developed by The Resort at Eagle Mountain Lake, L.P. The
Resort currently consists of 70 homes, a golf course and a clubhouse. Plans for The Resort provide for 650
homes upon full build-out.
Aqua Utilities, Inc. is the authorized retail provider of treated water for The Resort pursuant to a Certificate
of Convenience and Necessity issued by the Texas Commission on Environmental Quality or its
predecessor agency. Currently, Aqua Utilities provides water for The Resort from two wells on the
premises. Aqua Utilities, Inc. is drilling two additional wells, which are expected to be completed in
summer, 2005.
The Resort has, on occasion, experienced water shortages. Approval of this Mayor and Council
Communication will authorize the City Manager to enter into a temporary agreement for the sale of water to
supplement the water supplied by Aqua Utilities until December 31, 2006.
The Resort at Eagle Mountain Lake, L.P. will construct a six-inch pipeline at its expense to connect the
development to the City's water system. The maximum amount of treated water to be delivered to The
Resort will not exceed 300 gallons per minute. Such rate of delivery will not create an adverse effect on the
City's water supply or delivery system. The initial contract rate will be $2.13 per thousand gallons.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Water Department will be responsible for the collection, deposit and
recording of revenues under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/12/2006
Page 2 of 2
PE45 493012 0601000 $0.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/12/2006