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Home My WebLink AboutContract 63016Date and Time Received. 03/25/2025 City Secretary No.: 63017 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 Site `A' — 2950 Sandage Avenue, 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 L-2393* (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 number 27342-12-2024, but retained the utility easement within which the Sewer Line is located; and WHEREAS, Developer has entered into a Community Facilities Agreement (CFA) and IPRC25-0030 which details the work to abandon, drain, cut and cap at the existing manhole and remove 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; 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 remove the Sewer Line per IPRC 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 $ 17,006.18 ("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 TCU — SITE "A" Page 1 of 8 Sewer Line Abandonment Agreement 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 shall have exclusive control over the Sewer Line and agrees to install a manhole at the property line as shown in Exhibit "B". The Developer then shall abandon, drain, cut and cap at the proposed manhole and remove the Sewer Line per IPRC25-0030 plans to prevent infiltration into the City's adjacent active sewer system. 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 KIND 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. TCU — SITE "A" Page 2 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 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 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. 7. 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. 9. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] TCU — SITE "A" 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 By: op�� Jesica McEachern Assistant City Manager Date: 03/20/2025 Recommended chn"ftoyher ftwY (er By: Christopher Har r(Mar 18. 202510:22 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality ig By: Douglas Black (Mar 18, 2025 08:38 CDT) Douglas W Black Sr. Assistant City Attorney n oO1 FORT*1 C° G9pd ATTEST: Pvo °oSo paaIlnnEoag44 By: Jannette S. Goodall City Secretary Contract Compliance Manager: Developer: AS CHR IAN UNIVERSITY By: WilliamS-Nunez,7 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. By: s� Suby Varughese, P.E. OFFICIAL RECORD Engineering Manager CITY SECRETARY FT. WORTH, TX TCU — SITE "A" Page 4 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on :?L�2025, by Jesica McEachern , the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. """", JENNIFER LOUISE EZERNACK Q rjtY PVe/� 4th3i ?Notary Public, State of TexasNo Public in end for AS Comm. Expires 03-04-2028 My 6einmission expt s: — 1 Notary ID 130561630 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 1 VC V ` I �` ; 2025, 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. 1�Q Notary PubNc, State of Texas „ for 747004 Notary P bl' "andfor State of T�S �t Alyeo""b"eri12Expires l \ . I G.-ZV(�-7 a� Noverenar,z, 2027 My commission expires: After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 TCU — SITE "A" Page 5 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1R, Block 13-R, TCU Addition to the City of Fort Worth, Tarrant County, Texas, according to Final Plat FS-24-269, Plat Records of Tarrant County, Texas. TCU — SITE "A" Page 6 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 12 � j�m PV.Cr �O.a 12' P.V:C..4 - ? P.V.C. ruw,Z fm V.' ru 1 ,� -, �k - SSA" N' >.A 0-4 - - 2697 2901 CD 2905 f a- w d Ow r. _ __ 29( ID V' Uzi CD a_ U (D f!`- 2919 1917 2929CD i i 2960 *!C c w 2921 d =I — Limits of 8" Sewer Line ¢ N 2`350 In 'to be Abandoned a 2925 2601 SS 6" P.V.C. 8 8 d6Q". VV I_C)'A'L)f I 8�� P-VC. P-V G--'A. V.0 STREEI i U U � a PVC, U -�' t, a a..: -t N - N - 2501 A � 2451 2951 _. ¢ •� O w 0-4 C.7 .. 0-4 ii 1• a 1 `� 2933 oil �I. I, U. Legend I10 Sewer Line Abandonment beginning c As�'re°e' \2937 point is at the Existing Manhole within W. Bowie Street As�=9 edahe�o me {{ - U 7 Ease�sments TEE 2945 - � a �7R P.V.C. . W BOWIE 55-8" P.V.C. SS-18" P.VC- .. 6 ; f' 8"P,V:C:--—8'..P.V:C—., . -- �. d. SS 18 P.V.G ." '-C N -,-. ..} `� o—, w---53t8 P.V C - W =stRee*s -� }�ST�EE 2132025 G°pyrighi [i'e'..-iiy -i f ; Yr.,ah Unauthorized lsa FORT WORTH ^� reproduetlon violation or applicable i— TEXAS CHRISTIAN UNIVERSITY � (D This data is to be aced for graphical representation only. for ingp°,t°be`rbyar=eaasdawprd°`ed for engineering purposes or by a registered professional Site 'A' - 2950 Sandage Avenue � en 1—yar WATER �1 TheClry°fFndWc,,—y°,nesn°f data resp°nihf3hyf°r a 0 20 40 60 120 Existing Public Water & Sewer Lines 160 N � accuracy osaid Feet 00 EXHIBIT "C" Depreciated Value of the Sewer Line 8" PVC Sewer line: Sewer Line Number: X-22482 and L-2393* Sewer Line GIS ID: 516051 575 LF of 8" PVC Sewer Line and 2 Each — 4 FT manhole to Abandon Installed: October 30, 2013 Total Net Book Value as of 1/16/2025: $ 17,006.18 TCU — SITE "A" Page 8 of 8 Sewer Line Abandonment Agreement Rev. 9/2024