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Home My WebLink AboutContract 62586Date and Time Received: 2' 19 p.m. City Secretary No.: 62586 SEWER LINE ABANDONMENT AGREEMENT THIS AGREEMENT ("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 TEXAS CHRISTIAN UNIVERSITY ("Developer"), acting by and through its duly authorized representative. RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, located at 2900 West Berry Street, Fort Worth, TX 76129 ("Property") more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the City owns and maintains a public sewer facility known as X-1298 (the "Sewer Line"); The Sewer Line is wholly within the Property as shown on the diagram attached to this Agreement as Exhibit "B" and incorporated herein for all purposes; and WHEREAS, the City has vacated and extinguished the surface rights to the Alley right- of-way by City Ordinance No. 27257-10-2024, but retained the utility easement within which the Sewer Line is located; and WHEREAS, Developer has entered into a Community Facilities Agreement CFA24-0176 and IPRC24-0164 which details the work to abandon, drain, cut and cap at the existing manhole and grout fill the Sewer Line. Which will be undertaken to isolate the Line from the City's sanitary sewer systems; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City abandon the Sewer Line; and WHEREAS, the City has reviewed the Developer's request and has determined that the Lines will serve no customers within or beyond the boundaries of the Property after December 20, 2024 as indicated by the Client; and WHEREAS, once abandoned, the Developer shall have exclusive control over the Sewer Line and shall abandon, drain, cut and cap at the existing manhole and grout fill the Sewer Line per IPRC24-0164 plans to prevent infiltration into the City's adjacent active sewer system. WHEREAS, to avoid a gift of public funds through the abandonment of the Sewer Line, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Sewer Line in the amount of $ 0.00 ("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes; and NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: OFFICIAL RECORD Endeavor TCU Mixed -Use Tract E Page 1 of 8 CITY SECRETARY g Sewer Line Abandonment Agreement FT. WORTH, Tx Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby abandon the Lines from the points designated for each on Exhibit "B" but only to the limits shown thereon. Developer desires to abandon and grout fill the Sewer Line within the limits indicated to prevent infiltration into the City's public sewer systems, as shown on Exhibit `B". 2. Developer hereby accepts the Sewer Line "as-is/where-is" and warrants that Developer has performed its due diligence to understand the condition of the Sewer Line without relying on any representation by the City. Developer shall not expand or otherwise cause any infringement on the City's public infrastructure. 3. Developer shall not expand the Sewer Line or otherwise cause any infringement on the City's remaining public sewer infrastructure; provided, however, nothing herein shall prevent Developer from performing construction activities affecting the Sewer Line. Except as herein provided, All construction of the Sewer Line shall be performed in strict compliance with this Agreement and the City's Charter, Policies, Ordinances and Codes. 4. 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 HIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE ABANDONMENT, CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE SEWER LINE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OF DEVELOPER, OR 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 DEVELOPER'S USE OF THE SEWER LINE. NOTHING IN THIS PROVISION CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. Endeavor TCU Mixed -Use Tract E Page 2 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 G� Developer agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction and removal of the Sewer Line. 6. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to the Developer ownership and full responsibility of the Sewer 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 parry may have an interest. iA In the event Developer conveys the Property, Developer shall provide a copy of this Agreement, which shall run with the land, to the new owner of the Property along with a report on the status of Developer's actions with respect to the Sewer Line. The Developer shall promptly notify the City of any transfer in ownership of the Property. 8. 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. J This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] Endeavor TCU Mixed -Use Tract E Page 3 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager. City of Fort Worth Dalra E91-ahb# By: Dana Burghdoff (Jan e202513:VCST) Dana Burghdoff Assistant City Manager Date: Jan 8, 2025 Recommended By: Christopher H der (Jan 8, 202507:44 CST) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Dec 20, 202416:40 CST) Douglas W Black Sr. Assistant City Attorney p40v4pp�� a CF fORT�p�� °° �o ATTEST: By:S--men J� .-.L��2aAi a�'dd TExA5o4� (J bnnonoa Jannette S. Goodall City Secretary Contract Compliance Manager: Developer: T XAS CE ISTIAN UNIVERSITY By: William: N� z Vice Chancellor for Finance and Administration 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. Suby Varughese, P.E. OFFICIAL RECORD Engineering Manager CITY SECRETARY FT. WORTH, TX Endeavor TCU Mixed -Use Tract E Page 4 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT This instrument was acknowledged before me on January 8th, 2025 , 2024, by Dana Burghdoff, the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. o�PRva�e/ KATHLEEN BRADFORD _ Notary Public * + STATE OF TEXAS N9�oFP Notary I.D. 12197197 My Comm. Exp. Apr. 12, 2027 . . . . . . . . . . . . . STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of TEXAS My commission expires: April 12, 2027 This instrument was acknowledged before me on ft,6~ ) 3 , 2024, by William J. Nunez, the Vice Chancellor for Finance and Administration of TEXAS CHRISTIAN UNIVERSITY on behalf of said limited liability company and limited partnerships. Notary Public in and for the State of TEXAS �+�r'Prnt-gTRINA pUFiHAM My commission expires: I P e;.`-,'-.Notary public, Stale of Texas Comm. Expires03-11-2028 tJotary ID 132398341 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Endeavor TCU Mixed -Use Tract E Page 5 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 2R & 3, Block 10 TCU Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded as FS-24-169, Plat Records of Tarrant County, Texas. Endeavor TCU Mixed -Use Tract E Page 6 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 CA tTj CID CID CD c o CD y >CD o CID CD O�Q � CC CD CCD �-0 c � CID N � N -'-j _P;, 00 rAbandc L 3053� VNNFV_74 4�v�V18RRY STREET q a� - -. .0_... - _ 111&2024 c •rv�4n 21 a..i .: F" N041 p (]ON Unauthorized vapraducd is a violation of applicable Jaws. FORT Wo RT H Thlsdateis1obe Ed for graRh;dalrepresenl.iononly Endeavor TCU Mixed -Use Tract E Thea ,trayisnettobe kenY.sedasdatap,dd 2900 West Berry Street WATER for engineering purposes or by a registered professional and serve o The clty& FM Worth rise ,n°resp—lbilify l°,the Existing Public Water & Sewer Lines 0 15 30 60 90 120 aoc ga(said data. Feet 30 LU LU ¢�, yC I¢ a. O P.V.C_.I r S-7 M11` U a a N EXHIBIT "C" Depreciated Value of the Sewer Line 6" Concrete Sewer Line: Sewer Line Number: X-1298 and L-1298 Sewer Line GIS ID: 64476 525 LF of 6" Sewer Line and 1 Each - 4 FT Manhole to Abandon Install Date: December 15, 1926 Net Book Value as of 11/05/2024: $ 0.00 Total Net Book value for the Sewer Line Number: X-1298 owed to the City = $ 0.00 Endeavor TCU Mixed -Use Tract E Page 8 of 8 Sewer Line Abandonment Agreement Rev. 9/2024