HomeMy WebLinkAboutContract 63620Date and Time Received. 07/08/2025 City Secretary No.: 63620
WATER LINE PRIVATIZATION AGREEMENT
This WATER LINE PRIVATIZATION 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
Michael F. Olson, S.T.D., Bishop of the Catholic Diocese of Fort Worth ("Developer"), acting
by and through its duly authorized representative Stephen M. Becht, an Attorney -in -Fact.
RECITALS
WHEREAS, Developer is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, located at 13517 Alta Vista Rd, 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-28384
(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 Building Permit PB24-15677 which details the
work to be performed by Developer to privatize the Water Lines which will install a Double Check
Detector Backflow Preventer Assembly 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 privatize the Water Lines; and
WHEREAS, the City has reviewed the Developer's request and has determined that the
Lines will serve at least one customer and will not serve any customers beyond the boundaries of
the Property; and
WHEREAS, once privatized, Developer shall have exclusive control over the Water Line
and shall use all reasonable care to maintain and operate the line to provide service to the Customer
per the limits shown in Exhibit "B" and to prevent infiltration into the City's adjacent active water
system; and
WHEREAS, the depreciated value of the Water Lines is the amount of $ 26,801.00
("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all
purposes, collection of which is offset to the amount of $ 0.00 owed to the City, by the Developer's
payment and construction of the original Water Lines completed by Water Miscellaneous Project
WMP-24-00061; 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
St Teresa of Calcutta Church - 13517 Alta Vista Rd Pagel of 8
Water Line Privatization Agreement Rev. 9/2024
AGREEMENT
1.
City shall and by these presents, does hereby privatize the Water 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 per the limits shown
in Exhibit `B".
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.
3.
Developer agrees that once the Lines are privatized, the Developer shall have exclusive
control over the Water Lines and shall install a Double Check Detector Backflow Preventer
Assembly as designed per the Building Permit PB24-15677 plans to prevent infiltration into the
City's adjacent active water system.
4.
Except as otherwise herein provided, all construction and privatization of the Water Lines
shall be performed in strict compliance with this Agreement and the City's Charter, policies,
ordinances, and Code.
5.
Developer agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction to privatize the Water Lines
and 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 privatization 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 Line privatization limits nor is it meant to convey any right
to use or occupy property in which a third party may have an interest.
St Teresa of Calcutta Church -13517 Alta Vista Rd Page 2 of 8
Water Line Privatization Agreement Rev. 9/2024
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 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:]
St Teresa of Calcutta Church -13517 Alta Vista Rd Page 3 of 8
Water Line Privatization 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 Owner: Michael F. Olson, S.T.D.,
Bishop of the Catholic Diocese of Fort Worth
By: 0�� By:
Jesiea McEachem Name: ephen M. Becht
Assistant City Manager Title: Attorney -in -Fact for Michael F. Olson, S.T.D., Bishop
Date: 07/03/2025 Date: & -.2(o`.2621—
Recommended
Chrisfoohor ffarder
By. Christopher H a rde'r(Ju12, 202511:46 CDT)
Chris Harder, P.E.
Water Department Director
Approved As To Form and Legality
By. DouglasBlack"-,(Jul 10:52CDT)
Douglas W Black
Sr. Assistant City Attorney
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ATTEST: o° 000So
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a A a adan�l o.....
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: S47 OFFICIAL RECORD
Suby Varughese, P.E. CITY SECRETARY
Engineering Manager FT. WORTH, Tx
St Teresa of Calcutta Church - 13517 Alta Vista Rd Page 4 of S
Water Line Privatization Agreement Rev. 9/2024
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on july 3rd , 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.
PU6
JENNIFER LOUISE EZERNACK
O,,pPY
ELECTRONIC NOTARY PUBLIC
*
*
STATE OF TEXAS
COMMISSION # 130561630
MY COMMISSION EXPIRES
MARCH 4, 2028
f
STATE OF TEXAS
COUNTY OF TARRANT
Notary Public in and for the State of TEXAS
My commission expires: March 4, 2025
This instrument was acknowledged before me on fn e�, 2025, by Stephen M. Becht,
an Attorney -in -Fact, as the act and decd of Michael F. Olson, S.T.D., Bishop of the Catholic
Diocese of Fort Worth (entity type), and in the capacity therein stated.
III i It
r,Y1 0 CL M (Afl� krit e,
�Q..,o�.........
P2 �- Notary Public in and for the State of TE AS
_ �� �` _ My commission expires: 01 - wa—
1% •,!Q F p F 6e•
After Recording Return to:
City of Fort Worth - Development Services Water Section
ATTN: David Pelletier
100 Fort Worth Trail
Fort Worth TX, 76102
St Teresa of Calcutta Church - 13517 Alta Vista Rd Page 5 of 8
Water Line Privatization Agreement Rev. 9/2024
EXHIBIT ((A99
LEGAL DESCRIPTION OF THE PROPERTY
Lot I R, Block 1, Our Lady of Grace Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the Final Plat FS-24-08 1, recorded as Instrument Number
D225013396, Plat Records of Tarrant County, Texas.
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16
St Teresa of Calcutta Church - 13517 Alta Vista Rd Page 6 of 8
Water Line Privatization Agreement Rev. 9/2024
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This da v-y tensed fot A.,p rat d.p dentatlonon�y 13517 Alta Vista Rd Fort Worth TX
The nrc.racf Is not a 6e taken! used as data 1- rl d
for engineering purposes or by a registered professlnnal ! !
tand survey°r WATER
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City otFoRw�hassumesn°responslh°,Yfor t Existing Public Water & Sewer Lines °'�_5Z5 5° 75 �0
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ccuracy of said dated.
5
EXHIBIT "C"
Depreciated Value of Water Lines
6" PVC Water Lines:
90 LF - 6" PVC Water Main Number
1 - Total Fire Hydrants
Plans File Number: X-28384
Install Date: 5/15/25
Net Book Value as of 6/25/2025: $ 26,801.00
Total Net Book Value as of 6/25/2025: $ 26,801.00 (see note below)
Note: The total depreciated value of the Water Lines is the amount of $ 26,801.00 ("Depreciated
Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes,
collection of which is offset to the amount of $ 0.00 owed to the City, by the Developer's payment
and construction of the original Water Lines completed by Water Miscellaneous Project WMP-
24-00061.
St Teresa of Calcutta Church - 13517 Alta Vista Rd Page 8 of 8
Water Line Privatization Agreement Rev. 9/2024