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Home My WebLink AboutContract 62753Date and Time Received: 02/ 1 3/2 Q 2 5 City Secretary No.: _6_2_7_5_3_ WATER LINE ABANDONMENT AGREEMENT This WATER LINE ABANDONMENT 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 HINES WATERSIDE LLC ("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 3964 -4001 Watercourse Drive, 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-23590 (the "Water Lines"); The Water Lines are located within and adjacent to the Property as shown in Exhibit "B" which is attached hereto and incorporated herein for all purposes; and WHEREAS, Developer has entered into a Community Facilities Agreement, CF A21- 0074, IPRC20-0122 ("CFA") which details the work to be performed by Developer to abandon, drain, cut, cap and remove the Water Lines and to construct new water lines which will be undertaken to isolate the Water Lines from the City's water system; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City abandon the Water Lines; and WHEREAS, pursuant to the CF A, Developer will construct a new water line in an alternative location to replace the Water Lines and serve the existing customers; and WHEREAS, the City has reviewed Developer's request and has determined that the Water Lines serve customers within or beyond the boundaries of the Property, and the abandonment of the Water Lines contemplated by this Agreement can not take place until the new water lines Developer will construct pursuant to the CF A have been constructed, inspected and accepted by the City are placed in service and adequately serve any remaining customers who are served by the Water Lines; and WHEREAS, once completed, the Water Lines will be deemed abandoned and the Developer shall have exclusive control over the Water Lines. Developer shall drain, cut, cap and remove the Water Lines per IPRC20-0122 plans to prevent infiltration into the City's adjacent active water system; and WHEREAS, the depreciated value of the Water Lines is the amount of$ 31,063.26 ("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes, collection of which is offset by Developer's construction of the alternative water line contemplated by the CF A; Waterside Townhomes -Water Line Abandonment Agreement Page 1 of9 Rev. 9/2024 NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: 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 in accordance with this Agreement and only after Developer constructs the replacement water line as contemplated herein. 2. Abandonment of the Water lines and work by Developer to abandon the Water Lines shall not occur until the new water lines that are the subject of the CFA have been constructed by Developer, have passed all testing and inspection, and have been accepted by the City as indicated by the execution by the City of the notice of project completion, commonly referred to as the "greensheet." 3. Developer hereby accepts the Water Lines "as-is/where-is" and warrants that Developer has performed its due diligence to understand the condition of the Water Lines without relying on any representation by the City. Developer shall not expand or otherwise cause any infringement on the City's remaining public infrastructure. 4. Developer agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Water Lines and shall abandon, drain, cut, cap and remove the Water Lines per the IPRC20-0122 construction plans to prevent infiltration into the City's adjacent active water system. 5. Except as otherwise 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 Code. 6. Developer agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction and shall abandon, drain, cut, cap and remove the Water Lines to prevent infiltration into the City's adjacent active water system. Page 2 of 9 Waterside Townhomes - Water Line Abandonment Agreement Rev. 9/2024 �. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to Developer ownership and full responsibility for the decommissioning of the Water 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 Water Lines nor is it meant to convey any right to use or occupy property in which a third party may have an interest. 8. 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 Lines. The Developer shall promptly notify City of any transfer in ownership of the Property. 9. 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. 10. This Agreement shall be binding upon the parties hereto, their successors, and assigns. 11. Contemporaneous with Developer execution and delivery of this Agreement to the City, pursuant to the CFA, Developer will construct a new water line in an alternative location to replace the Water Line that is being abandoned and reconnect any remaining customers. [Signatures Follow:] Page 3 of 9 Waterside Townhomes - 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 By: Da�=:;:�T) Dana Burghdoff Assistant City Manager Date: Recommended Chrisfooh8r Harder By: Christopher HardJr (Feb 5, 202512:31 CST) Chris Harder, P.E. Water Department Director Approved As To Form and Legality -� By: Douglas Black (Feb 51 202512:15 CST) Douglas W Black Sr. Assistant City Attorney ATTEST: � A � By:_U�--------Jannette S. Goodall City Secretary 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. By: Su6/-t/�f!c Suby Varughese, P .E. Engineering Manager Waterside Townhomes -Water Line Abandonment Agreement Page 4 of9 Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT § § This instrument was acknowledged before me on f--e,� Lo , 2025, by Dana Burghdoff,Assistant City Manager of the City of Fort Worth, a Toxashe rule municipal corporation, on behalf of said home rule municipal corporation. ,,,,,,v•�i,,, JENNIFER LOUISE EZERNACK {/�� Notary Public, State of Texas ��:._ �.:iI Comm. Expires 03--04-2028 .,,�f0<·<-r" Notary ID 130561630 11111\\ After Recording Return to: City of Fort Worth-Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 7 6102 Waterside Townhomes -Water Line Abandonment Agreement Page 5 of9Rev. 9/2024 HINES WATERSIDE LLC, a Delaware limited liability company By: Hines Waterside Associates LP, a Texas limited partnership, its sole member By: Hines Interests Limited Partnership, a Delaware limited partnership, its general partner �� sy: .- �'"''�� Name: Robert W. Witte Title: Senior Mana in Director STATE OF TEXAS COUNTY OF DALLAS 0 0 The foregoing instrument was acknowledged before me on 3rd da,y of February, 2025, by Robert W. Witte, the Senior Managing Director of Hines Interests Limited Partnership, a Delaware limited partnership, General Partner of Hines Waterside Associates LP, a Texas limited partnership, sole member of Hines Waterside LLC, a Delaware limited liability company on behalf of said entities. ,�1'aY pV�q LORRIE KURRUS � � � Notary PubliC * * STATE 0F 7EXqg ��' '� IDk 12894975-7 ''""' �Y �arxn. �xp. July 3, 2025 � �l (�.�.1;i 1_• L Z-Z i.��, Notary Public in and for the State of TEXAS My commission expires: 7/3/25 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Page 6 of 9 Waterside Townhomes - Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 1-9, Block A; Lots 1-8, Block B; Lots 1-17 and 1C, Block C; Lots 1-5, Block D; Lot lE, Block E, and Lot 1F, Block F, Waterside Townhomes, an addition to the City of Fort Worth, Tarrant County, TeXas, according to plat recorded, Plat Records of Tarrant County, Texas. Page 7 of 9 Waterside Townhomes - Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Water Line � �� ,� � � �, �, -� o 0 0 M c� - � , � �.. c,� �m - - � — �� rn ,. ,� ��: ; � adoa i�ina� lravn = � z—.�-$, .� �.'�ra.,z� ra„z� � � - G � � ��- avoa rnnai lniv,�aa �� Q � � ` � � _ � � � � � � � r a � L ..2 6 a &' � $' $' � �. 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N �� Page 8 of 9 Waterside Townhomes - Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "C" Depreciated Value of Water Lines 12" PVC Water Lines: 791 LF - 12" PVC Water Main Number Plans File Number: X-23590 CPMS # 102794 GIS # 1118624 Install Date: January 10, 2019 Total Net Book Value as of February 3, 2025: $ 31,063.26 Note: The Water Lines indicated above, have a net book value of $ 31,063.26, The Developer will be installing a new Public 12" Water Lines that will be constructed under IPRC20-0122 and replacing the Existing Water Lines that are planned to be removed. Since the Water Lines will be replaced by New Public 12" Water Lines, the remaining net book value of $ 31,063.26 is waived. Once the New Public 12" Water Lines are installed, they will become the City's Capital Asset. Page 9 of 9 Waterside Townhomes - Water Line Abandonment Agreement Rev. 9/2024