HomeMy WebLinkAboutContract 36986 .' C9TY SECRETARY AV6-
C ONTRACTNO.
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 31939 BY AND
BETWEEN THE CITY OF FORT WORTH, AQUA UTILITIES.INC. AND THE
RESORT AT EAGLE MOUNTAIN LAKE, L. P.
WHEREAS, on May 31, 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
Secretary Contract No. 31939 regarding a temporary supplemental supply of treated
water to be provided by the City of Fort Worth,
WHEREAS, the City Council authorized the First Amendment to City Secretary
Contract No. 31939 which has been executed by both parties; 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 agrees as follows:
1.
Sections 5.1, 9 and 12.1 of City Secretary Contract No. 31939 is hereby amended, and
after being so amended, shall be and read as follows:
5.1 The maximum amount of treated water to be delivered hereunder
shall not exceed 300 gallons per minute and shall be limited by system
design based on a three-inch (3") meter.
I Q llg MPACT FEE. Aqua Utilities Inc. or developer shall pay impact
ba d on existing three-inch 3" meter per the current City of Fort
--II g ( ) p y
a.ter impact fee schedule established by the City.
04-16-08 A09 :21 11d
12.1 The portion of this section on expiration date shall be changed
from "shall expire at midnight on December 31, 2006" to "shall
expire at midnight on December 31, 2010"
12.2 The agreed rate to be charged for water service during the term of
and pursuant to one and one-quarter (1.25) times the rate charged
by the City for commercial customers pursuant to Sections 35-56
and 35-60 of the City of Fort Worth Code of Ordinance. The
parties agreed that the rate of full execution of this second
Amendment, exhibit "D" of the original agreement shall no longer
be applicable.
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 A>-.A 12008.
ATTEST: CITY OF FORT WORTH
Marty Hen Fernando Costa
City Secretary Assistant City Manager
Approved as to Form and Legality 07-DA-1 �
Contract huthorixat-ioz
Christa W Lopez 0 Date
Assistant City Attorney
ATTEST: AQUA UTILITIES
By: CU
4
Corporate Secretary ( 0 ber Laughman
Vice President, erations
r
ATTEST: THE RESORT AT EAGLE
MOUNTAIN LAKE, L.P.
By: Pars Investments, Inc.
Its General Partner
By:
Corpo ate Secretary Mehrdad Maoyedi
'` 1� PLI
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/8/2008
DATE: Tuesday, April 08, 2008
LOG NAME: 60EAGLEMOUNTAIN REFERENCE NO.: C-22740(Revised)
SUBJECT:
Authorize Extension and Amendment of a Water 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 an Amendment among the
City, Aqua Utilities, Inc., and the Resort at Eagle Mountain Lake, L.P., for the City to sell the treated water
on a temporary basis for the Resort on Eagle Mountain Lake.
DISCUSSION:
On May 31, 2005, (M&C C-20772) the Council authorized water service to be provided to the Resort at
Eagle Mountain, L.P., through Aqua Utilities, who holds a Certificate of Convenience and Necessity issued
by the Texas Commission on Environmental Quality. The contract expired on December 31, 2006, and the
Resort has requested to extend it four more years to December 31, 2010. With this amendment, the Resort
and Aqua Utilities agree to pay impact fees based on the existing 3-inch meter and to pay one and one-
quarter times the rate charged by the Water Department for commercial customers outside of the City limits
pursuant to Sections 35-56 and 35-60 of the City of Fort Worth Code.
During the period between December 31, 2006, and the renewal of this contract, Aqua Utilities drilled
additional water wells and used Fort Worth Water to supplement their groundwater supply.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Water Department will be responsible for the collection, deposit of
revenues due to the City under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 493012 0601000 0.00
Submitted for City Manager's Office-W. Fernando Costa (Acting) (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Doo Kim (2752)
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 4/17/2008