HomeMy WebLinkAboutContract 31939-A3 CtY 59=5AW a�G -
CONTPACT No.;�1
THIRD 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 Fernando Costa, its duly authorized assistant city manager;
Aqua Utilities, Inc., hereinafter referred to as "Customer", acting herein by and through
Robert Laughman, its duly authorized 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 12.1 and 18.3 of City Secretary Contract No. 31939 is hereby amended, and
after being so amended, shall be and read as follows:
12.1 The portion of this section on expiration date shall be changed from "shall
expire at midnight on December 31, 2010" to "shall expire at midnight on
December 31, 2013."
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
18.3 The following sentence shall be added after the existing first sentence of this
section: "customer may, however, assign this agreement to Aqua Texas, Inc., a
related entity, without obtaining approval from the other parties."
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 1
day of (\A&-((ems , 2012.
ATTEST: CITY OF FORT WORTH
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° Fernando Costa
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City Secretary A J60 g,rl d Assistant City Manager
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Contract Authorization
Christa R Re olds
Assistant City Attorney Hate
ATTEST: AQUA UTILITIES, INC.
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By :Y
Corporate Secretary ;� R ert Laug n
President, Op ations
ATTEST: THE RESORT A AGLE
MOUNTAIN LAKE, L.P.
By: Pars Investments, Inc.
Its General Partner
By:
Corporat\e Secretary Mchrdad Maovedi OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX—J
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M&C Review Page 1 of 1
Official site of the City of Fort Worth,Texas
FORT
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 10/18/2011
DATE: 10/18/2011 REFERENCE NO.: **C-25224 LOG NAME: 60AQUA UTILITIES
THIRD AMEND
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 3 to the Agreement with Aqua Utilities, Inc., and
the Resort at Eagle Mountain Lake, L.P., to Sell Supplemental Treated Water on a
Temporary Basis for The Resort at Eagle Mountain Lake (NO COUNICL DISTRICT)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve the treated water
service extension from January 1, 2010 to December 31, 2013 for the Resort at Eagle Mountain
Lake, L.P., pursuant to the terms and conditions in the Third Amendment.
DISCUSSION:
On May 31, 2005, (M&C C-20772, City Secretary No. 31939)the City Council authorized water
service to be provided to the Resort at Eagle Mountain Lake, L.P., through Aqua Utilities, Inc., who
holds a Certificate and Convenience and Necessity issued by Texas Commission on Environmental
Quality. On May 8, 2008, (M&C C-22740)the Council authorized extension of water service to the
Resort at Eagle Mountain Lake, L.P., until December 31, 2010. Aqua Utilities, Inc., requested to
extend the water service three more years to December 31, 2013. The Resort at Eagle Mountain
Lake, L.P., and Aqua Utilities, Inc., shall be charged 1.25 times the rate charged for Commercial
customers outside of the City limits pursuant to Sections 35-56 and 35-60 of the City Code.
Existing Aqua Utilities, Inc., wells will be used for primary water source, while Fort Worth water will
continue to be used to supplement their ground water supply.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Water Department is responsible for
the collection and deposit of revenues due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Doo Kim (2752)
ATTACHMENTS
60AQUA UTILITIES THIRD AMEND map_pdf
http://apps.cfwnet.org/council packet/mc review.asp?ID=15564&councildate=10/18/2011 10/19/2011