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Home My WebLink AboutContract 63085Date and Time Received: 04/15/2025 63085 City Secretary No.: ____ _ 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 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 water facility known as X-21813 (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, Developer has entered into a Community Facilities Agreement CF A24-0176 and IP RC24-0164 which details the work to abandon, drain, cut and cap at the existing gate valve and grout fill the Water Line. Which will be undertaken to isolate the Line from the City's water systems; 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 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 shall abandon, drain, cut and cap at the existing gate valve and grout fill the Water Line per IPRC24-0164 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$ 4,962.46 ("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: Endeavor TCU Mixed-Use Tract E Water Line Abandonment Agreement Page I of 8 Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby abandan the Lines fram the points designated for each on Exhibit "B" but only to the limits shown thereon. Developer desires to abandon and grout �ll the Water Line within the limits indicated to prevent infritration into the City's public water systems, as shown on Exhibit "B". 2. Developer hereby accepts the Water Line "as-islwhere-is" and warrants that Developer has perfarmed its due diligence to understand the condition oFthe Water Line without relying an any representation by the City. Developer shall not expand or otherwise cause any infringement on the City's public infrastructure. 3. Devetoper shall noE expand the Water Line 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 Line. Except as herein provided, All construction of the Water Line shall be performed in strict campliance with this Agreement and the City's Charter, Palicies, Ordinances and Codes. !� DEVELOPER C4VENANTS AND AGREES TO INDEMNIFY, AND D4ES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVAIYTS, EMPLOYEES, AND ELECTED OFFICIALS FROM A1�1D AGAINST ANY AND ALL CLAIMS 4R SUITS FOR PROPERTY DAMAGE OR LOSS ANDIOR PERSONAL IIYJURY, 1NCLUDING DEATH, TQ ANY AND ALL PERSONS, OF WHATSOEVER KIND �R CHARACTER, ARISING OUT OF QR IN CONNECTION WITH, THE ABANDONMENT, CONSTRUCTI4N, 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 DEVEL�PER, OR OF THE CITY; AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBiLjTY F4R SUCH CLAIMS OR SUITS. DEVELOPER SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILiTY AIVD SHALL INDEMNIFY CITY FOR ANY AIVD ALL INJURY OR DAMAGE TO CITY PRQPERTY ARISING OUT OF OR IN CONNECTION WITH DE�ELOPER'S USE OF THE WATER LINE. NOTHjNG IN THIS PROVISION CONSTITUTES Al�1Y WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. Endeavor TCU Mixed-Use Tract E Page 2 of 8 Water 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 connectian wit� the construction and abandanment as described above of the Water Line. 6. Developer agrees and acknowEedges that this Agreement is solely for the purpose of granting to the Developer ownership and full responsibility 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. 7. In the event Developer conveys the Property, Developer shall provide a copy of this Agreement, which shali run with the iand, to the new owner of the Property along with a report on the status of Developer's actians with respect to the Water Line. The Developer shall promptly notify the City of any transfer in ownership of Ehe 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 reasonabie attorney's fees. 9. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] Endeavor TCU Mixed-Use Tract � Page 3 of 8 Water Line Abandonment Agreement Rev. 9�2024 THIS AGREEMENT shall be effective on the date signed by the City's DesignatedAssistant City Manager.City of Fort WorthBy: Dan�=f��ra?s17t CDT) Dana Burghdoff Assistant City ManagerDate: 03/21/2025RecommendedChtistotJhet Hanf.et By: Christopher Hardtr (Mar 21, 2025 09:58 CDT) Chris Harder, P .E. Water Department DirectorApproved As To Fonn and LegalityBy: Douglas Black (Mar 18, 2025 20:26 CDT) Douglas W Black Sr. Assistant City AttorneyATTEST:ri� By: _________ _Jannette S. GoodallCity SecretaryContract Compliance Manager:IAN UNIVERSITY uneVice 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: Sue/-//�JJCSuby Varughese, P.E.Engineering ManagerEndeavor TCU Mixed-Use Tract E Water Line Abandonment Agreement Page 4 of8Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT § I This instrument was acknowledged before me on '!�,- �.��(�h ' �-�'�' , 2025, by Dana Burghdoff, the Assistant City Manager of the City of Fart Worth, a Texas home rule municipal corparation, on behalf of said home rule municipal corporation. � ��P''� JENNIFER LOUISE EZERNACK ,o�rt`v • �e's � _i:•� �: Notary Public, State of Texas =� �� "= Comm. E�ires 03-042028 ;,�.°f.`�+�� Notary ID 130561630 '��,� �„�� STATE OF TEXA5 COUNTY OF TARRANT 0 � / Notary Public in and for the State of TEXAS My commission expires: � = �--� ,.f' �.. This instrument was acknowledged before me on �� , 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. •�*• �y N PuW�c.6laho(Taus � Z �tt3y 7tT0104 ,,,�,�,,,,,,�.�� Notary Public i and for the S e of TEXAS '�o �f ►+o.b�,s. aozT y p � 1- l�--' Z� Z7 M commission ex ires: After Recording Return to: City oF Fort Worth Development Services Water Section ATTN: David Pefletier ] 00 Fort Worth Trail Fort Worth TX, 76102 Endeavor TCU Mixed-Use Tract E Page 5 of 8 Water Line Abandonment Agreement Rev. 9.�2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lat ZR & 3, Block 10 TCU Addition to the City af Fort Worth, Tarrant County, Texas, according to plat recorded as F5-24-169, Plat Recards of Tarrant County, Texas. Endeavor TCU Mixed-Use Tract E Page 6 of 8 Water Line Abandonment Agreement Rev. 9;'2024 EXHIBIT °�B" Map of Water Line z ��- T F CC � � � o � �a H 3� oe � w o N O W ... t� � H a� N � � d � � U H � 0 � t0 � �O C W N � � rr d � � �..� � � L � m N � � 0 0 a� N � : �, .'y `�� S �. �l :� � � c J N 3 f} otf � r.�+ � U � � a � c � � �X W � �� r( ��s � � � a � Endeavor TCU Mixed-Use Tract E Page 7 of 8 Water Line Abandonment Agreement Rev. 4?2024 EXHIBIT "C" Depreciated Value of the Water Line 8" PVC Water Lines and 1 Fire Hydrant: 155 LF - 8" PVC Water Main Number 1 EA. fiire Hydrant Plans File Number: X-21813 G1S # 274220 [nstall Date: 4:� 16�ZO l2 Net Baak Value as of 3.?O5.`2025: $ 4,962.46 Total Net Book vaiue for the Water Line Number: X-21813 owed to the City -� 4,962.46 EncieavorTCU Mixed-Use Tract E Page 8 of 8 Water Line Abandonment Agreement Rev. 4,`2024