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Home My WebLink About064266 - Construction-Related - Contract - Cook Children's Heathcare SystemsCook Children’s Medical Center – West 8th Development Page 1 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 Date and Time Received: ________________ City Secretary No.: ____________ SEWER LINE ABANDONMENT AGREEMENT This SEWER 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 sewer facilities known as X-22457, X-20863, X-16625, X-14168, X-00448 and X-00442 (the “Sewer Lines”); The Sewer 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 drain, cut and cap at the existing manhole and grout fill or remove or privatize the Sewer Lines and to construct new sewer lines which will be undertaken to isolate the Sewer Lines from the City’s sewer system; and WHEREAS, to facilitate Developer’s use of the Property, Developer has requested that City abandon the Sewer Lines; and WHEREAS, pursuant to the CFA25-0076, Developer will construct a new sewer line in an alternative location to replace the Sewer Lines and serve the existing customers; and WHEREAS, the City has reviewed Developer’s request and has determined that the Sewer Lines serve customers within or beyond the boundaries of the Property, and the abandonment of the Sewer Lines contemplated by this Agreement can NOT take place until the new sewer lines Developer will construct pursuant to the CFA have been constructed, inspected and accepted by the City are placed in service and adequately serve any remaining customers who are served by the Sewer Lines; and WHEREAS, once completed, the Sewer Lines will be deemed abandoned and the Developer shall have exclusive control over the Sewer Lines. Developer shall drain, cut and cap at the existing manhole and grout fill or remove or privatize the Sewer Lines per IPRC24-0238 plans to prevent infiltration into the City’s adjacent active sewer system; and Cook Children’s Medical Center – West 8th Development Page 2 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 WHEREAS, the depreciated value of the Sewer Lines is the amount of $ 123,020.37 (“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 construction of the alternative sewer lines contemplated by CFA25-0076 and IPRC24-0238 plans; and NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: 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 and only after Developer constructs the replacement sewer line as contemplated herein. 2. Abandonment of the Sewer lines and work by Developer to abandon the Sewer Lines shall not occur until the new sewer lines that are the subject of the CFA25-0076 have been constructed by Developer, have passed all testing and inspection, and have been accepted by the City as indicated by the execution by the City of the notice of project completion, commonly referred to as the “greensheet.” 3. Developer hereby accepts the Sewer Lines “as-is/where-is” and warrants that Developer has performed its due diligence to understand the condition of the Sewer 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. 4. Developer agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Sewer Lines and shall abandon, drain, cut, plug at the existing manhole and grout fill or remove or privatize the Sewer Lines per the IPRC24-0238 construction plans to prevent infiltration into the City’s adjacent active sewer system. 5. Except as otherwise herein provided, all construction, abandonment and removal of the Sewer Lines shall be performed in strict compliance with this Agreement and the City’s Charter, policies, ordinances, and Code. Cook Children’s Medical Center – West 8th Development Page 3 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 6. 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 manhole and grout fill or remove or privatize the Sewer Lines to prevent infiltration into the City’s adjacent active sewer system. 7. 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 Sewer 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 Sewer Lines nor is it meant to convey any right to use or occupy property in which a third party may have an interest. 8. 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 Sewer Lines. The Developer shall promptly notify City of any transfer in ownership of the Property. 9. 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. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns. 11. Contemporaneous with Developer execution and delivery of this Agreement to the City, pursuant to the CFA, Developer will construct a new sewer line in an alternative location to replace the Sewer Line that is being abandoned and reconnect any remaining customers. [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 McEachem Assistant City Manager Date: 11/05/2025 Recommended Christopher H-cirderBy: CM�ophtr H.-1dt1 (Octll, 201S IS:S2:2JCOTJ Chris Harder, P.E. Water Department Director Approved As To Form and Legality By:Douglas Black (Oct 31, 2025 1S:12:16CDT) Douglas W Black Sr. Assistant City Attorney ATTEST: �>.� By: _________ _Jannette S. Goodall City Secretary Contract Compliance Manager: Licensee: Cook Children's Healthcare Systems, a Texas non-rofit corporation By: _ _...,...,=_;_-'c-::r----F-...----Name: Title:an 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. S,,J� VdALLDA� Pc By:_(/_-_-(/·_----______ _Suby Varughese, P.E. Engineering Manager Cook Children's Medical Center-West 8th Development Sewer 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 Mc Each em, the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. JENNIFER LOUISE EZERNACK ELECTRONIC NOTARY PUBLIC STATE OF TEXAS COMMISSION# 130561630 MY COMMISSION EXPIRES MARCH 4, 2028 STATE OF TEXAS COUNTY OF TARRANT § § Notary Public in and for the State of TEXAS My commission expires: 03/04/2028 This instrument was acknowledged before me on t\ Cl� '.l � .., 2025, by Spencer Seals,a VP Construction and Real Estate of Cook Children's Healthcare Systems, a Texas non-profit corporation (entity type), and in the capacity therein stated. $t*-��z,,'-;. NICOLE GALLEGOS [f{jli.�"gNotary Public, State of Texas \��····� Comm. Expires 02·11·2027 Notary Public in and f?rtbe State of TEXAS My commission expires: 'l. -\ \ -�O� 'J�,,,,ft�,,,,,� Notary ID 131889438 After Recording Return to: City of Fort Worth-Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Cook Children's Medical Center-West 8 th Development Sewer Line Abandonment Agreement Page 5 of9 Rev. 9/2024 Cook Children’s Medical Center – West 8th Development Page 6 of 9 Sewer 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 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT “B” Map of Sewer Line Cook Children’s Medical Center – West 8th Development Page 8 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT “C” Depreciated Value of Sewer Lines 12” PVC Sewer Lines: 403 LF - 12” PVC Sewer Main Number: M-30BR* Plans File Number: X-22457 GIS # 655741 (169 LF), 655751 (101 LF), 655750 (59 LF), 655749 (74 LF) Install Date: 10/18/2016 Net Book Value as of May 1, 2025: $ 90,481.33 10” PVC Sewer Lines: 204 LF - 10” PVC Sewer Main Number: L-217* Plans File Number: X-20863 GIS # 76745 Install Date: 8/01/2010 Net Book Value as of May 1, 2025: $ 10,573.97 8” PVC Sewer Lines: 153 LF - 8” PVC Sewer Main Number: M-30A* Plans File Number: X-16625 GIS # 83747 Install Date: 4/19/2005 Net Book Value as of May 1, 2025: $ 10,836.41 8” PVC Sewer Lines: 343 LF - 8” PVC Sewer Main Number: L-218R* Plans File Number: X-14168 GIS # 85215 (153 LF), 103281 (190 LF) Install Date: 8/08/2000 Net Book Value as of May 1, 2025: $ 8,547.69 8” PVC Sewer Lines: 78 LF - 8” PVC Sewer Main Number: L-442 Plans File Number: X-14168 GIS # 655759 Install Date: 8/08/2000 Net Book Value as of May 1, 2025: $ 1,943.79 Cook Children’s Medical Center – West 8th Development Page 9 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT “C” Depreciated Value of Sewer Lines (CONT.) 6” Concrete Sewer Lines: 343 LF - 6” Concrete Sewer Main Number: L-448 Plans File Number: X-00448 GIS # 93506 (289 LF), GIS # 88871 (54 LF) Install Date: 4/01/1976 Net Book Value as of May 1, 2025: $ 637.18 6” VC Sewer Lines: 202 LF - 6” VC Sewer Main Number: L-442 Plans File Number: X-00442 GIS # 109730 Install Date: 1/29/1914 Net Book Value as of May 1, 2025: $ 0.00 Total Depreciated Value of the Sewer Lines as of 5/01/2025: $ 123,020.37 (see note below) Note: The depreciated value of the Sewer Lines is the amount of $ 123,020.37 (“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 construction of the alternative sewer lines contemplated by CFA25-0076 and IPRC24-0238 plans.