HomeMy WebLinkAboutContract 60562_<11+r Z;.
12/04/2023 CSC No. 60562
SEWER LINE PRIVATIZATION AGREEMENT
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH, a Texas home rule municipal corporation ("City"), acting by and through its duly
authorized Assistant City Manager, and Emilv-Anne Semmelmann, ("Developer").
RECITALS
WHEREAS, Developer is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, located at 1828 Tremont Ave., Fort Worth, TX ("Property")
more particularly described in the attached Legal Description of the Property, attached to this
Agreement as Exhibit "A"; and
WHEREAS, the City owns and maintains a public sewer facility known as LC-8272 (the
"Sewer Line") within the Property as shown on the diagram attached to this Agreement as Exhibit
"B" and incorporated herein for all purposes; and
WHEREAS, to facilitate Developer's use of the Property, Developer has requested that
City allow Developer to privatize the Sewer Line; and
WHEREAS, Developer desires to convert the length of the public line from designated
location shown on Exhibit "B" to a privately owned and maintained sewer service line; and
WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this
privatization of a city facility, Developer agrees to pay City the depreciated value of the Sewer
Line in the amount of $0.00 ("Depreciated Value") as shown in the depreciated value table attached
to this Agreement as Exhibit "C" and incorporated herein for all purposes; and
WHEREAS, once privatized, Developer shall have exclusive control over the Sewer Line;
and
WHEREAS, Developer has met the requirements for the privatization of the Sewer Line
as adopted in the City's policies and procedures; and
WHEREAS, the City agrees to allow the privatization as set forth in this Agreement to
accommodate the needs of the Developer.
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
AGREEMENT
1.
Concurrent with Developer's payment of the Depreciated Value, City hereby surrenders
the Sewer Line from the point designated on Exhibit "B" but only to the extent shown thereon.
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Sewer Line Privatization Agreement Rev. 11/2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
R
Developer hereby accepts the Line "as -is" and warrants that Developer has performed its
due diligence to understand the condition of the Line without relying on any representation by the
City. Developer agrees to be wholly responsible for maintaining the Line. Developer shall not
expand or otherwise cause any infringement on the City's public infrastructure.
3.
All construction, maintenance and operation of the Line shall be performed in strict compliance
with this Agreement and the City's Charter, Policies, Ordinances and Codes.
4.
In the case of an emergency, Developer agrees that City may enter and utilize the referenced areas
during said emergency for the purpose of installing, repairing, replacing, or maintaining
improvements to its public facilities or utilities necessary for the health, safety and welfare of the
public or for any other public purpose.
5.
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION
WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE
OR LOCATION OF THE SEWER LINE AND USES GRANTED HEREUNDER,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF
ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, GRANTEES OR OFFICIALS, OR INVITEES OF THE CITY;
AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. DEVELOPER SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND
ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN
CONNECTION WITH THE SEWER LINE. NOTHING IN THIS PROVISION
CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR
UNDER THIS AGREEMENT.
6.
Developer agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance
of the Line.
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Sewer Line Privatization Agreement Rev. 11/2023
7.
Developer covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or
employee of City, and Developer shall have exclusive control of and the exclusive right to control
the details of its operations, and all persons performing same, and shall be solely responsible for
the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors,
grantees and invitees. The doctrine of respondeat superior shall not apply as between City and
Developer, its officers, agents, servants, employees, contractors and subcontractors, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and Developer.
8.
Developer agrees and acknowledges that this Agreement is solely for the purpose of
granting to Developer ownership and full responsibility of the maintenance of the Line and is not
a conveyance of any right, title or interest in or to the City's public infrastructure not herein
identified as part of the Sewer Line nor is it meant to convey any right to use or occupy property
in which a third party may have an interest. Developer agrees that it will obtain all necessary
permissions before occupying such property.
9.
In any action brought under or to enforce any part of this Agreement, the prevailing party
shall be entitled to recover interest and reasonable attorney's fees.
10.
Developer covenants and agrees that it wi II not assign all or any of its rights, privileges or
duties under this Agreement without the written approval of City, and any attempted assignment
without such written approval shall be void. In the event Developer conveys the Property,
Developer may assign all of its rights and obligations under this Agreement to the new owner of
the Property, and Developer shall be deemed released from its duties and obligations hereunder
upon City's approval in writing of such assignment, which approval shall not be unreasonably
conditioned or withheld. Foreclosure by a secured lender of Developer or assignment to a secured
lender by Developer in the event of default or otherwise shall not require City approval provided
that said lender notifies City in writing within 60 days of such foreclosure or assignment and
assumes all of Developers' rights and obligations hereunder. However, no change of ownership
due to foreclosure or assignment to any secured lender of Developer shall be effective as to City
unless and until written notice of such foreclosure or assignment is provided to City.
11.
Any cause of action for breach of this Agreement shall be brought in Tarrant County,
Texas. This Agreement shall be governed by the laws of the State of Texas. In any action brought
under or to enforce any part of this Agreement, the prevailing party shall be entitled to recover
interest and reasonable attorney's fees.
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Sewer Line Privatization Agreement Rev. 11/2023
12.
This Agreement shall be binding upon the parties hereto, their successors and assigns.
THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant
City Manager.
City of Fort Worth DeveloperOana Q rp
✓ o By: /�YWwI 11�Mti�`l\
By: w°1e,,,°h&ff(N°v2e. o�snoscsTName: Emily- neSemmelm n
Name: Dana Burghdoff Title: Owner
Title: Assistant City Manager
Date:
Date: Nov 29, 2023
Recommended:
I wlkhv�
By: Christopher H a rber(Nov 28, 202317:14 CST)
Name: Chris Harder
Title: Water Department Director
Date: Nov 28, 2023
poFFoar�ad
d
ATTEST: ono o��°od
V daIlIl �E4pao4
Jannette S. Goodall
City Secretary
Approved as to Form and Legality
By: DBI-k (Nav 28, 202316:46 CST)
Name: Douglas W. Black
Title: Sr. Assistant City Attorney
Sewer Line Privatization Agreement
Contract Compliance Manager
By signing I acknowledge that I am the
person Responsible for the monitoring and
Administration Of this contract, including
ensuring all performance and reporting
requirements.
u� dter� re
By:
Name: Subv Varuphese,P.E.
Title: Interim Enizmeermiz Manager, DSWS
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 4 of 9
Rev. 1 1 /2023
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS,
on this day personally appeared liana Surghdoff, Assistant City Manager of the CITY OF
FORT WORTH, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the CITY OF FORT WORTH
and that she executed the same for the purposes and consideration therein expressed and, in the
capacity, therein stated.
GIVEN UNDER MY IiAND AND SEAL OF OFFICE this in day of
/
Notary Publio in an tor the State of TEXAS
After Recording Return to:
City of Fort Worth — Development Services Water Section
BROOKE BONNELL
. ``��Y
_Ie' o,, Notary Public, Stets of Texas
Expose 10-11-2028
An-N- Julie Westerman
: .' Comm.
'o;,�,�0,"A Notery ID 134009625
200 Texas Street
Fort Worth TX, 76102
Page S of 9
Sewer Line Privatization Agreement Rev. 11I2023
STATEOF §
COUNTY OF TYZ,�,1 S §
BEFORE ME, the undersigned authority, a Notary Public in and for the State ofT+-I a,
on this day personally appeared Fwu k1-Ay" Strome-1^I,% , known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the nronerty owner and that he/she executed the
same for the purposes and consideration therein expressed and, in the capacity, therein stated.
r GIVEN UNDER MY HAND AND SEAL OF OFFICE this J%4— day of
v U Js v1 ]i,V✓ , 2023.
M BEAUSOLEIL
y0 NOTARY PUBLIC
STATE OF TEXAS
?,aR MY COMM. EXP.01/03/26 Notary Public in and for the State of TEXAS
NOTARY ID 13135271-1
After Recording Return to:
City of Fort Worth — Development Services Water Section
ATTN: Julie Westerman
200 Texas Street
Fort Worth TX, 76102
Sewer Line Privatization Agreement
Page 6 of 9
Rev. 11 /2023
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lot 6, Block 13, HILL CREST ADDITION to the City of Fort Worth, Tarrant County, Texas,
according to plat recorded in Volume 388, Page 17, Deed Records of Tarrant County, Texas.
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Sewer Line Privatization Agreement Rev. 11/2023
11115M23 1,., •r�. war. N
.,.....,..... r...rv.— FORT WORTH
��...._-..-�. 1828 Tremont Ave ��-
""�'""'='-=� Existing Public Water & Sewer Lines WATER
0 5 10 30 40
EXHIBIT "C"
Depreciated Value of Sewer Line
Sewer Line:
Sewer Main Number: LC-8272
Install Date: December 18, 1918
Net Book Value as of 11/15/23: $0.00
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Sewer Line Privatization Agreement Rev. 1 1/2023