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Home My WebLink About064265 - Construction-Related - Contract - Cook Children's Heathcare SystemsCook Children’s Medical Center – West 8th Development Page 1 of 9 Water Line Abandonment Agreement Rev. 9/2024 Date and Time Received: ________________ City Secretary No.: ____________ 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 801 7th 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-22937, X-16940, X-15189, X-11611, X-10907 and X-10592 (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 CFA25-0076, CPN 106002 and IPRC24-0238 which details the work to be performed by Developer to abandon, drain, cut, plug at the existing gate valves and grout fill or remove 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 or remove the Water Line per the limits shown in Exhibit “B” and in the IPRC24-0238 plans to prevent infiltration into the City’s adjacent active water system; and WHEREAS, the depreciated value of the Water Lines is the amount of $ 28,575.89 (“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 $ 7,935.07 owed to the City, by the Developer’s construction of the original Water Lines X-22937 and X-11611; 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 Page 2 of 9 Water 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 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 or remove 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. 3. 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 or remove the Water Lines per the IPRC24-0238 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. 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 shall abandon, drain, cut, plug at the existing gate valves and grout fill or remove 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 3 of 9 Water Line Abandonment 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:] 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 11/05/2025 Date: ______ _ Recommended By: ,�!};jj!J(:f/:J;!,,,/:r) e-rChris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Oct 31, 2025 15:09:55 CDT) Douglas W Black Sr. Assistant City Attorney ATTEST: �;,�By: _________ _ Jannette S. Goodall City Secretary Contract Compliance Manager: Licensee: Cook Children's Healthcare Systems,-ation By: _ _,,,__� _ ____,,,,""'""_.....,,,==-,._ __ Name: Title: Vl"..L.Utr.> Real Estate Date:___._..q l-=--=--w -'--'--l1.5_ 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. Sub/-//� Pc By: ________ _ Suby Varughese, P.E. Engineering Manager Cook Children's Medical Center -West 8 1h Development Water Line Abandonment Agreement Page 4 of9 Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on November 5 , 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. STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of TEXAS My commission expires: 03/04/2028This instrument was acknowledged before me on Se�Y\'\\:x. ( W, 2025, by Spencer Seals, a VP Construction and Real Estate of Cook Childre 7s Healthcare Systems, a Texas non-profit corporation (entity type), and in the capacity therein stated. Donna Munoz Notary Public STATE OF TEXAS Notary ID #135231285 My Comm. Exp. 04/11/2029 No�� My commission expires: __ ]-+---]�-� After Recording Return to: City of Fort Worth-Development Services Water Section A TIN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Cook Children's Medical Center-West 8 th Development Water Line Abandonment Agreement Page 5 of9 Rev. 9/2024 Cook Children’s Medical Center – West 8th Development Page 6 of 9 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY Lot 1, Block A in Cook Children’s Medical Center Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Instrument Number D225194043, Official Public Records of Tarrant County, Texas. Cook Children’s Medical Center – West 8th Development Page 7 of 9 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT “B” Map of Water Line Cook Children’s Medical Center – West 8th Development Page 8 of 9 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT “C” Depreciated Value of Water Lines 12” PVC Water Lines: 257 LF - 12” PVC Water Main Plans File Number: X-22937 GIS ID # 919364 (12 LF), 919368 (10 LF), 919370 (21 LF), 919376 (11 LF), 919386 (15 LF), 919392 (55 LF), 654156 (101 LF), 653965 (13 LF), 653964 (19 LF) Install Date: 1/11/2017 Net Book Value as of May 1, 2025: $ 13,585.59 (Originally installed by Owner, Depreciated value shall be waived). 12” PVC Water Lines: 292 LF - 12” PVC Water Main Plans File Number: X-15189 GIS ID # 259373 (123 LF), 259663 (57 LF), 259770 (40 LF), 259782 (37 LF), 285925 (35 LF) Install Date: 9/28/2004 Net Book Value as of May 1, 2025: $ 803.30 + $ 5,536.25 (additional 12” Line added 9/28/25) = $ 6,339.55 8” PVC Water Lines: 238 LF - 8” PVC Water Main Plans File Number: X-11611 GIS ID # 285926 (45 LF), 285534 (38 LF), 285561 (92 LF), 2077607 (43 LF), 279993 (20 LF) Install Date: 4/09/2001 Net Book Value as of May 1, 2025: $ 7,055.23 (Originally installed by Owner, Depreciated value shall be waived). 8” PVC Water Lines: 167 LF - 8” PVC Water Main Plans File Number: X-10907 GIS ID # 285533 Install Date: 3/29/1991 Net Book Value as of May 1, 2025: $ 1,358.23 6” CI Water Lines: 146 LF - 6” CI Water Main Plans File Number: X-10592 GIS ID # 654104 (47 LF), 377204 (45 LF), 377203 (36 LF), 244170 (18 LF) Install Date: 10/09/1987 Net Book Value as of May 1, 2025: $ 237.29 Cook Children’s Medical Center – West 8th Development Page 9 of 9 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT “C” Depreciated Value of Water Lines (CONT.) 6” CI Water Lines: 550 LF - 6” CI Water Main Plans File Number: X-16940 GIS ID # 308443 (172 LF), 372514 (378 LF) Install Date: 1/01/1965 Net Book Value as of May 1, 2025: $ 0.00 Total Depreciated Value of the Water Lines as of 5/01/2025: $ 28,575.89 (see note below) Note: The depreciated value of the Water Lines is the amount of $ 28,575.89 (“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 $ 7,935.07 owed to the City, by the Developer’s construction of the original Water Lines X-22937 and X-11611.