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Home My WebLink AboutContract 62682Date and Time Received. 1/24/25 9:15 a.m. City Secretary No.: 62682 WATER 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 Westbend South, LP ("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 1701 S. University Dr, Fort Worth, TX ("Property") more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the City owns and maintains a public water facility known as X-10458 (the "Water Line"); The Water 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, to facilitate Developer's use of the Property, Developer has requested that City abandon the Water Line; and WHEREAS, the City has reviewed the Developer's request and has determined that the Water Line serves no customers within or beyond the boundaries of the Property; and WHEREAS, Developer desires to abandon, drain, cut and cap at the existing water tap and remove the length of the public water line within the designated limits shown on Exhibit "B"; and WHEREAS, once abandoned, the Developer shall have exclusive control over the Water Lines and shall abandon, drain, cut and cap at the existing water tap and remove the Water Lines per CPN No. 105473 and IPRC24-0196 plans to prevent infiltration into the City's adjacent active Water system; and WHEREAS, to avoid a gift of public funds through the abandonment of the Water Lines, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Water Lines in the amount of $ 5,648.26 ("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 CITY SECRETARY FT. WORTH, TX 1701 S. University Drive - WESTBEND RESIDENCES Pagel of 8 Water Line Abandonment Agreement Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby abandon the Lines from the points designated in Exhibit "B" but only to the extent shown thereon. The Developer desires to abandon and remove the Water Line to prevent infiltration into the City's public water systems, as shown on Exhibit "B". 2. Developer hereby accepts the Water Line "as-is/where-is" and warrants that Developer has performed its due diligence to understand the condition of the Water 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 agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Water Lines and shall abandon, drain, cut and cap at the existing water tap and remove the Water Lines per IPRC24-0196 plans to prevent infiltration into the City's adjacent active water system. 4. Developer shall not expand the Water Lines or otherwise cause any infringement on the City's remaining public water infrastructure; provided, however, nothing herein shall prevent Developer from performing construction activities affecting the Water Lines. Except as herein provided, All construction, abandonment and removal of the Water Lines shall be performed in strict compliance with this Agreement and the City's Charter, Policies, Ordinances, and Codes. 5. 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 Water Line. 6. Developer agrees to pay to City concurrent with its execution and delivery of this Agreement to City, the depreciated value of the Public Line as established in Exhibit "C". 1701 S. University Drive - WESTBEND RESIDENCES Page 2 of 8 Water Line Abandonment Agreement Rev. 9/2024 7. 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 ABANDONMENT, CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE WATER 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 WATER LINE. NOTHING IN THIS PROVISION CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. 8. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to Developer ownership and full responsibility of the removal of the Water 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 Water Line nor is it meant to convey any right to use or occupy property in which a third party may have an interest. 9. 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 Water Line. The Developer shall promptly notify City of any transfer in ownership of the Property. 10. 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. 11. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] 1701 S. University Drive - WESTBEND RESIDENCES Page 3 of 8 Water 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 b� 8cc��rLcr7� By: Dana Burghdoff(Jan�22,2025`L :31 CST) Dana Burghdoff Assistant City Manager Date: Jan 22, 2025 Recommended U tl- ftovhel- fladeY By: Christopher H a rAr(Jan 22, 202510:25 CST) Chris Harder, P.E. Water Department Director Approved As To Form and Legality fj� By: Douglas Black (Jan 17, 202517:28 CST) Douglas W Black U��nnuod'd Sr. Assistant City Attorney p qua vnn o � CF FORl�pO �a e09 ATTEST: �Am'^�"xzc /� o aid �'EXA5o4� By: Jannette S. Goodall City Secretary Contract Compliance Manager: WESTBEND: Westbend South, L.P., a Texas limited partnership By: TRP G , .L.L.C., its general partner By: , Name: d Title: %k�v FW RIVER PLAZA: FW RIVER PLAZA, L.P., a Texas limited partnership By- F� enoaio, L-44its general partner By: Name: ✓' U Title: %l7 / O✓t7�i S,� 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. By: Suby Varughese, P.E. OFFICIAL RECORD Engineering Manager CITY SECRETARY FT. WORTH, TX 1701 S. University Drive - WESTBEND RESIDENCES Page 4 of 8 Water Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on January 22, 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. Notary Public in and for the State of TEXAS My commission expires: April 12, 2027 STATE OF TEXAS COUNTY OF TARRANT § � This instruVient was acknowledged before me on , 202.5by -TerN r VVk',,j a 0140W P411141 tr of Westbend South, L.P., on behalf of said limited liability company and limited partnerships. MICHELLE HOUSTON ;$ �= Notary Public, State of Texas Comm. Expires 08-31-2626 "'Z"0.` Notary ID 10772096 J STATE OF TEXAS § llw�t�WA� Notary Public in and for the State of TEXAS My commission expires: '9 • 7jI. 2.� COUNTY OF TARRANT § This instru ent was acknowledged before me on A{ , , 2010, by � � �vw i�'1�" a 6"M 14#4W of FW RIVER PLAZA, L.P., on behalf of said limited liability company and limited partnerships. Y MICHELLE HOUSTON OAP' • GBH,. Notary Public, State of Texas Notary Public in and for the State of TEXAS Comm. Expires 08-31-2026 My commission expires: •!� Notary ID 10772096 After Recording Return to: City of Fort Worth - Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 1701 S. University Drive - WESTBEND RESIDENCES Page 5 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 3-A-3, Block 1, in River Plaza Complex Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat as recorded under Document 216093037, Volume 388-131, Page 5, Plat Records of Tarrant County, Texas. 1701 S. University Drive - WESTBEND RESIDENCES Page 6 of 8 Water Line Abandonment Agreement Rev. 9/2024 -1-665 IF 01751 1621 !! P Limits of Abandonment for the 6" & 8" Water Line CD Water Line Abandonment a m. Point is at the Existing 8" ,c'` S r -•Service Tap .� zs '' MIMI- ap rN i 2041 }. ry►D Y \ 1° .��S'Z COLLINSWORTIjSTREfT ss- CON El to _... >__>—.> P.V.Ci 1875 Ar. tp cif �, to _ •. , 989 ALL U ) R Water Line Abandonment ,r , ' m Y �� 1895 .� [=i Point is at the Existing 8" W :. c 2727 Service Tap A Cr1 1 T m ci 3! , • ,p SS-8" V.C� ' �SS-6'.V:C. PVC G?• n r� ^ Limits of Abandonment for the 6" Water Line ,r , M � 799 a OQ N� ss 48 _ �- G'• ON _ *1712�F; _> •vo _ask., `y� Emements GFl/ v O W w.w s di FRb AAAp'` 1� D aCry to. IJO ' B • - TPN STREETS ON Q 1 22025 FORTWORTH PV WESTBEND RESIDENCES --�-- " CD D 1701 S. University Drive NVATER fr Existing Public Water & Sewer Lines o ° z° 40 80 120 16Feet °, N 00 EXHIBIT "C" Depreciated Value of Water Line Water Lines and Fire Hydrants to Abandon: 73 LF of 6" Ductile Iron (D.I.) Water line 1 Each — Fire Hydrant Water Main Number: X-10458 GIS ID Number: 416248 Plans File Number: X-10458 Install Date: October 1, 1990 Net Book Value as of January 2, 2025: $ 2,094.87 151 LF of 8" Ductile Iron (D.I.) Water line 1 Each — Fire Hydrant Water Main Number: X-10458 GIS ID Number: 262717 Plans File Number: X-10458 Install Date: October 1, 1990 Net Book Value as of January 2, 2025: $ 3,553.39 Total Net Book Value as of January 2, 2025: $ 5,648.26 1701 S. University Drive - WESTBEND RESIDENCES Page 8 of 8 Water Line Abandonment Agreement Rev. 9/2024