HomeMy WebLinkAboutContract 6413610/20/2025 Date and Time Received: -------64136 City Secretary No.: ____ _
WATER AND SEWER LINE ABANDONMENT AGREEMENT
This WATER AND SEWER LINE ABANDONMENT AGREEMENT
("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a
Texas home role municipal corporation ("City"), acting by and through its duly authorized
Assistant City Manager, and TDC Merrimac Partners, L.L.C. ("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 1561 Old University Dr, Fort Worth, TX 76107
(''Property') more particularly described in Exhibit" A" attached hereto and incorporated herein
for all purposes; and
WHEREAS, the City owns and maintains public sewer and water facilities known as
X-7712 (the "Sewer Line") and X-9976 (the "Water Line"); The Sewer Line and Water Line may
from time to time hereinafter be referred to as the "Linesu. The Lines are each 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 A25-0084
and IPRC25-0059 which details the work to abandon, cut, plug and remove the Lines. Which will
be undertaken to isolate the Lines from the City's water and sewer systems; and
WHEREAS, to facilitate Developer's use of the Property, Developer has requested that
City abandon the Lines; and
WHEREAS, the City has reviewed Developer's request and has determined that the Lines
serve no customers within or beyond the boundaries of the Property; and
WHEREAS, to avoid a gift of public funds through the abandonment ofthe Lines, which
will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the
Water Line and Sewer Line in the amount of$ 1,042.57 (''Depreciated Value") as set forth in
Exhibit �c" attached hereto and incorporated herein for all purposes; and
WHEREAS, once abandoned, Developer shall have exclusive control over the Lines and
shall use all reasonable care to prevent infiltration into the City's adjacent active water and sewer
systems.
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows;
Transwestem WestBend Merrimac
Water and Sewer Line Abandonment Agreement
Page 1 of8
Rev. 9/2024
AGREEMENT
1.
Developer agrees to pay to City, concurrent with its execution and delivery of this
Agreement to City, the Depreciated Value of $ 1,042.57. Developer shall not perform any work
on the Lines until said payment has been made and acknowledged by City. Upon receipt of the
payment in the amount designated as the Depreciated Value, City shall and by these presents, does
hereby abandon the Lines from the points designated for each on Exhibit "B" but only to the
extent shown thereon. Developer agrees to abandon, cut, plug and remove the Lines, at its expense,
to demarcate and facilitate the abandonment and to prevent infiltration into the City's public sewer
and water systems, as shown on Exhibit "B".
2.
Developer hereby accepts the Sewer Line and Water Line "as-is/where-is" and warrants
that Developer has performed its due diligence to understand the condition of the Lines without
relying on any representation by the City. Developer shall not expand or otherwise cause any
infringement on the City's public infrastructure.
3.
Except as herein provided, Developer shall not make use of or expand the Lines or
otherwise cause any infringement on the City's remaining public sewer and water infrastructure;
provided, however, nothing herein shall prevent Developer from performing construction activities
affecting the Lines (abandon, cut, plug and removal of the Lines) as described in the CFA25-0084.
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 DEATI3, TO ANY AND ALL PERSONS,
OF WHATSOEVER HIND 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 ARI5ING 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.
Transwestern WestBend Merrimac Page 2 of 8
Water and Sewer Line Abandonment Agreement Rev. 9/2024
�
Developer agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction or removal of the Lines.
6.
Developer agrees and acknowledges that this Agreement is solely for the purpose of the
City abandoning the Lines and Developer thereafter having ownership and full responsibility of
the decommissioning and removal of the Lines is not a conveyance of any right, title or interest in
or to any other of the City's public infrastructure not herein identified as part of the Lines, 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 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 Lines (e.g., unaltered, iilled and left in place,
removed). 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. 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:]
Transwestern WestBend Merrimac Page 3 of 8
Water and 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:�___) Jesica McEachem Assistant City Manager
Date: 10/13/25
Recommended
Chris Harder, P.E. Water Department Director
Approved As To Form and Legality
By: Douglas Black (Oct 9, 202517:47:50 CDT)
Douglas W Black Sr. Assistant City Attorney
ATTEST:
r1� By: _________ _ 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: Sue/-//� ,.oc-
Suby Varughese, P.E. Engineering Manager
Transwestem WestBend Merrimac Water and Sewer Line Abandonment Agreement Page 4 of 8 Rev. 9/2024
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me on October 13 , 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.
=o pN� ]ENNIFER LOUISE EZERNACK
cLECTRONIC NOTARV PUBLIC
* 1 STATE OF TEXAS
/I COMMISSION � 130561630
'�%��/pe MYCOMMISSIONEXPIRES
'_ MARCH 4, 2028
STATE OF TEXAS
COUNTY OF TARRANT
0
0
Notary Public in and for the State of TEXAS
My commission expires: March 4. 2028
This instrument was acknowledged before me onSQ$�,��j,�V �(� , 2025, by Sean Suffel,
an Authorized Signer of TDC Merrimac Partners L L.C. on behalf of said limited liability
company and limited partnerships.
,��,PY PGB STEPHANIE MARIE TURLEY
i �� Notary ID H129880538
� My Commission Expires
ql�.OF.�4.*P July 9, 2026
Notary Public in and for
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
Transwestern WestBend Merrimac Page 5 of 8
Water and Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lots 1R & 2R, Block l, in Trinity River Plaza Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the Final Plat FS-24-253, recorded Plat Records of Tarrant
County, Texas.
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Transwestern WestBend Menimac
Water and Sewer Line Abandonment Agreement
Page6of8
Rev. 9/2024
EXHIBIT "B"
Map of Water and Sewer Lines
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Transwestern WestBend Merrimac
Water and Sewer Line Abandonment Agreement
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Page 7 of 8
Rev. 9/2024
EXHIBIT "C"
Depreciated Value of the Water Line and Sewer Line
4" D.I. Water Line:
Water Main Number: X-9976
380 LF of DI Water Line to Abandon
Install Date: 6/24/1977
Net Book Value as of 8/O1/2025: $ 448.10
6" V.C. Sewer Line:
Sewer Main Number: X-7712
170 LF of 6" VC Sewer Line to Abandon ($ 318.44)
1 Each - 4 FT Manhole to Abandon ($ 276.03)
Install Date: 12/15/1975
Net Book Value as of 8/O1/2025: $ 594.47
Total Net Book value for the Water Line Number X-9976 and Sewer Main Number: X-7712
owed to the City = $1,042.57
Transwestern WestBend Merrimac Page 8 of 8
Water and Sewer Line Abandonment Agreement Rev. 9/2024