HomeMy WebLinkAboutContract 61908Date Received: 8/26/2024
Time Received:4:2 7 p.m.
Contract No. 61908
SEWER LINE PRIVATIZATION AGREEMENT
THIS AGREEMENT is made and entered into bf and between THE CITY OF FORT WORTH, a Texas
home rule municipal corporation ("City"), acting bf and through its duly authorized Assistant City
Manager, and Colonial Country Club ("Developer"), acting bf and through its duly authorized
representative.
RECITALS
WHEREAS, Developer is the owner o f certain real property situated in the City o f Fort
Worth, Tarrant County, Texas, located at 3735 Country Club Circle, Fort Worth, Texas
("Property") more particularly described in the attached Legal Description o f the Property,
attached to this Agreement as Exhibit "A!'; and
WHEREAS, the City owns and maintains a 15-inch concrete public sewer facility known
as M-64 and an 8-inch concrete public sewer facility known as M-72 (collectively the "Sewer
Lines") 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 o fthe Property, Developer has requested that
City allow Developer to privatize the Sewer Lines; and
WHEREAS, Developer desires to convert the length of the public lines from the
designated location shown on Exhibit 'B" to a privately owned and maintained lines; and
WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this
privatization o f a city facility, Developer agrees to pay City the depreciated value o fthe Sewer
Lines in the amount of $0.00 ("Depreciated Value") along with the assumption of any and all
expenses related to future maintenance o fthese Sewer Lines; and
WHEREAS, once privatized, Developer shall have exclusive control over the Sewer Lines
including the termination o f any and all existing easements contemporaneously with this
Agreement; and
WHEREAS, Developer has met the requirements for the privatization o fthe Sewer Lines
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 ofthe Developer.
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT
1.
Concurrent with Developer's payment of the Depreciated Value, City hereby surrenders
the Sewer Lines from the point designated on Exhibit "B" but only to the extent shown thereon.
Developer agrees to install a manhole, at its expense, to demarcate and facilitate the privatization
point, if required by the City.
2.
Developer hereby accepts the Lines "as -is" and warrants that Developer has performed its
due diligence to understand the condition of the Lines without relying on any representation by
the City. Developer agrees to be wholly responsible for maintaining the Lines. Developer shall not
expand or otherwise cause any infringement on the City's public infrastructure.
3.
All construction, maintenance and operation of the Lines 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; however, the existing easements related to the Sewer Lines are hereby
terminated. The City of Fort Worth agrees to execute a Release of Easement Agreement with Developer
for recording in the Tarrant County Official Public Records.
5.
Developer agrees to pay to City concurrent with its execution and delivery of this Agreement to
City, the depreciated value of the Lines as established above.
6.
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 LINES 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 LINES. NOTHING IN THIS PROVISION
CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR
UNDER THIS AGREEMENT.
7.
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 Lines.
8.
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.
9.
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 Lines 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 Lines 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.
10.
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.
11.
Developer covenants and agrees that it will 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.
12.
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.
13.
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 Colonial Country Club
Dana Ewahk# -P�
By: Dana Burghdoff (Aug26`,-102411:09CbT) By:
Name: Dana Burghdoff Nam6: Rich McIntosh
Title: Assistant City Manager Title: Director of Agronomy
Date: Aug 26, 2024 Date: -%/� I l2 b-L4
Recommended:
By: Christopher Hafder (Aug 26, 2024 07:20 CDT)
Name: Chris Harder
Title: Water Department Director Contract Compliance Manager
Date: Aug 26, 2024 By singing I acknowledge that I am the
9eon°>°°aa
ATTEST: A �Q
°�_°°A person responsible for the monitoring and
V OdOn nE4p544 administration of this contract, including
Jannette S. Goodall ensuring all performance and reporting
City Secretary requirements.
Approved as to Form and Legality By:
By: Douglas Black (Aug 8, 202415:11 CDT) Name: Sub Y Varu ghese P.E.
Name: Douglas W. Black Title: Engineering Manager
Title: Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF §
COUNTY OF (�� §
BEFORE ME, the undersigned. authority, a Notary Public in nd for the State of
on this day personally appeared� &I �1�- ��j�• , 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 CO O C1 *cal and that he/she executed the
same for the purposes and consideration therein expressed and, in the capacity, therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this , day of U \A�-
4 e ".13
I
TAMBRA L. WILSON 1
=• *= My Notary ID # 132836742
Expires December 22, 2024—
Notary Public in and for the State of Texas
After Recording Return to:
City of Fort Worth - Development Services Water Section
200 Texas Street
Fort Worth, Texas 76102
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 Dana Burghdoff, 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 HAND AND SEAL OF OFFICE this 26 `h day of August
2024.
o�PRva�e/ KATHLEEN BRADFORD
2 Notary Public
NT STATE OF TEXAS _Z
y c Notary I.D. 12197197r.,/IC�Cj G'Q.�JZ t���^
� . My Comm. Exp. Apr. 12, 2027 '
Notary Public in and for the State of Texas
After Recording Return to:
City of Fort Worth — Development Services Water Section
200 Texas Street
Fort Worth, Texas 76102
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1R, Block 1, Colonial Country Club Addition to the City of Fort Worth, Tarrant County, Texas,
according to plat recorded as Instrument D194131217, Plat Records of Tarrant County, Texas.
�T Tom' Lines proposed
for privatization
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Privatization point is `
{ . connection of M-64 to
/ existing public manhole
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;Ile AVONDALE AVENUE
'-'mot' ��' S ♦'D %- .a
STADIUM DRIVE ♦ e* Z W A
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A `� Y�"\ r s, ►' i PARK HILL• DRIVE—'
A f o� '' `. rtti ► z - Legend
~v� _ �l :k7 �'�+ —a, —) ->• Gravity Sewer Main
1 Sewer Manholes
'Subject Property
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ILT
sti MOCKINGBIRD LANE.��4.�rr� � - �� m ♦ —
5-1V2n24 FORT WORTH "
Colonial Country Club
Existing Public Se`a�-er Lines D �� WA�GR Soo a�
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EXHIBIT "C"
Depreciated Value of Sewer Lines
Sewer Lines:
Sewer Main Number: M-64
Plans File Number: X-12850
Install Date: August 14, 1926
Net Book Value as of May 15, 2024: $0.00
Sewer Main Number: M-72
Plans File Number: X-12472
Install Date: March 9, 1926
Net Book Value as of May 15, 2024: $0.00