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Home My WebLink AboutContract 63084Date and Time Received: 04/15/2025 City Secretary No.: 63084 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 Cook Children's Healthcare Systems, a Texas non-profit corporation ("Licensee"), acting by and through its duly authorized Director. RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, located at 716 9th Avenue, 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 public water facilities known as X-16940 and X-11292 (the �'Water Lines"); The Water Lines are located within and adjacent to the Property asshown in Exhibit "B" which is attached hereto and incorporated herein for all purposes; and WHEREAS, Developer has entered Into a City Project No. 105684 and IPRC24-0l48 which details the work to be performed by Developer to abandon, drain, cut, plug at the existing gate valves and grout fill the 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, 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 Water Line and agrees to drain, cut, plug at the existing gate valves and .grout fill the Water Line per the limits shown in Exhibit "B'' and in the IPRC24-0148 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 Line, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Water Line in the amount of$ 3,650.33 ("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.: Cook Children's Medical Center -West 8th Development Water Line Abandonment Agreement Page 1 of8 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 in accordance with this Agreement. The Developer shall have exclusive control over the Water Line and agrees to drain, cut, plug at the existing gate valves and grout fill the Water Line per the limits shown in Exhibit "B" to prevent infiltration into the City's adjacent active water system. 2. 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. � Developer agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Water Lines and shall abandon, drain, cut, plug at the existing gate valves and grout fill the Water Lines per the IPRC24-0148 construction plans to prevent infiltration into the City's adjacent active water system. 4. 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. �� 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, plug at the existing gate valves and grout fill the Water Lines to prevent infiltration into the City's adjacent active water system. 6. 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. Cook Children's Medical Center — West 8th Development Page 2 of 8 Water Line Abandonment Agreement Rev. 9/2024 �. 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. 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. 9. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] Cook Children's Medical Center — West 8t" Development 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 By:� Jesica McEachern Assistant City Manager Date: 04/10/2025 Recommended c/4.r� tw:eerBy: Christophe� 2025 08:12 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black {Apr 4, 202516:21 COT) Douglas W Black Sr. Assistant City Attorney ATTEST: rA� By: _________ _ Jannette S. Goodall City Secretary Contract Compliance Manager: Licensee: Cook Children's Healthcare Systems,By: �orporation Name: w 7asTitle: VP Construction and Real Estate 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: Suejf v � ;:y--- Suby Varughese, P.E. Engineering Manager Cook Children's Medical Center-West 8th Development Water Line Abandonment Agreement Page 4 of 8 Rev. 9/2024 STATC OF T�XAS COUNTY OI+ TARRANT This instrumeut was acicnowledged before me on , 2025, by Jesica McEachern, the Assistant City Manager of the City of Fort Wocth, a Texas home rule municipal corporation, on behalf of said home rule municipal corpo��. �•�"""�� JENNIFER LOUISE EZERNACK ,� �`r..`:�e� ; ;Z::' �: Notary Public, State of Texas ;�; ;�.•`� = Comm. E�ires 03-042�28 _ �',��oF��',�' Notary ID 130561630 NOt My STATE OF TEXAS COUNTY OF TARRANT � and for�the�$'tate of T�XAS expires: �- � - F,%� This instrument was acknowledged before me on i/ItZ�(1 � , 2025, by Spencer Seals, a VP Construction and Real Estate of Coolc Children's Healthcare Systems, a Texas non-profit co�•poration (entity type), and in the capacity therein stated. ,,,,,,,,,, o vn � NICOLE GALLEGO � 1�... �a'; __;�; �_Notary Public, State of Texas ;�`•. 'Q: Comm. Expires 02-11-2027 y •....• }� '��;; °„��` Notary ID 131889438 ' d� C�� Notary Public in a►id for the State of TEXAS My commission expires: �.— \1 -�.�a7 After Recording Return to: City of Foi�t Worth — Development Services Water Section ATTN: David Pelletiec 100 Fort Worth Trail Fort Wo►•th TX, 76102 Cook Cl�ildren's Medical Center — West 8'�' llevelopment Page 5 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1R, Block 8R and Lot 1R, Block 7 in Edwards Heirs Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page 2, Plat Records of Tarrant County, Texas, all of Lot 2R, Block 8, Edwards Heirs Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 3081, Plat Records of Tarrant County, Texas, Cook Children's Medical Center — West 8th Development Page 6 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Water Line � � '{ sos��: ' , ; :,� _ -�� ,. � ,�,� I�, d l l ' ; .� _.:q ' ' N j �: �;j�� Z�_�_� . ya g �, i l�, �=.. - �i=` .1'� :`' � � � j; �" . 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N.,� .. � an � � �� 1-' <' CL!� � t7U � �'A= � Cook Children's Medical Center — West 8th Development Page 7 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "C" Depreciated Value of Water Lines 6" CI Water Lines: 698 LF - 6" CI Water Main Number Plans File Number: X-16940 GIS ID # 308366 (220 LF), 340521 (158 LF), 359968 (320 LF) Install Date: January 1, 1965 Net Book Value as of March 13, 2025: $ 0.00 8" PVC Water Lines: 248 LF - 8" PVC Water Main Number 1 Each — Fire Hydrant ($ 940.95) Plans File Number: X-11292 GIS ID # 372870 Install Date: August 8, 2002 Net Book Value as of March 13, 2025: $ 3,650.33 Total Net Book Value as of March 13, 2025: $ 3,650.33 Cook Children's Medical Center — West 8th Development Page 8 of 8 Water Line Abandonment Agreement Rev. 9/2024