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HomeMy WebLinkAbout064648 - Construction-Related - Contract - Tarrant County Hospital District (TCHD) dba JPS Health NetworkO1/29/2026 64648 Date and Time Received: City Secretary No.: SEWER LINE PRIVATIZATION AGREEMENT This SEWER LINE PR.IVATIZATION 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 Tarrant County Hospital District d/b/a JPS Health Nehvork, 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 1401 S Main ST, 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-17417 (the "Sewer Lines"); The Sewer Lines are located within and adjacent to the Properties as shown in Exhibit "B" which is attached hereto and incorporated herein for all purposes; and WHEEREAS, Developer is required to Privatize the Public Sewer Lines for future development; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City privatize the Sewer 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 Sewer Lines and shall use all reasonable care to maintain and operate the lines to provide service to the Customer per the limits shown in Exhibit "B" and to prevent infiltration into the City's adjacent active sewer system; and WHEREAS, to avoid a gift of public funds through the privatization of the Sewer Lines, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Sewer Lines in the amount of $ 2,464.10 ("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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX JPS Hospital Addition Page 1 of 8 Sewer Line Privatization Agreement Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby privatize the Sewer 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 Sewer Lines per the limits shown in Exhibit "B". 2. 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. 3. Developer agrees that once the Lines are privatized, the Developer shall have exclusive control over the Sewer Lines. 4. Except as otherwise herein provided, all construction and privatization of the Sewer 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 any construction required to the privatized Sewer Lines and to prevent infiltration into the Ciry's adjacent active sewer 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 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 privatization limits nor is it meant to convey any right to use or occupy property in which a third party may have an interest. JPS Hospital Addition Page 2 of 8 Sewer Line Privatization Agreement Rev. 9/2024 �. 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. 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. � This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] JPS Hospital Addition Page 3 of 8 Sewer 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 By: �Q��� Jesica McEachern Assistant City Manager Date: O1/23/2026 Recommended ,�f7i3���f7DA, VY� By• n,�o�he���,�deru,� �:azsia:zo:3i ��, Chris Harder, P.E. Water Department Director Approved As To Form and Legality By Douelas Black (� 26 09:36:53 CST) Douglas W Black Sr. Assistant City Attorney ,�oFFORr°nB 00000000 �t°o o° �� �9.�do f.� ATT'EST: � ooa o * � � � ..�a��= �a�4� nEXA5q4 By: Jannette S. Goodall City Secretary Contract Compliance Manager: Licensee: Tarrant County Hospital District d/b/a JPS Health Network a Texas non-profit corporation By: /l,� ��' l�iJ�/��i ' � � � Name: ill Farrell Title: )COO v I , � �� Date: 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: s�� d�� P�' Suby Varughese, P.E. Engineering Manager JPS Hospital Addition Page 4 of 8 Sewer Line Privatization Agreement C�1��Cy1,1�.�xK�1:��� CITY SECRETARY FT. WORTH, TX Rev. 9/2024 STAT� OF TEXAS COUNTY OF TARRANT � � This inslrument was acknowledged before me on January 23 , 2026, by Jesica McEachern, the Assistant City Manager of the City of Port Worth, a Texas home rLtle municipal corporation, on behalf of said home rule municipal corporation. O,�pP� PUB� JENNIPER LOUISE EZERNACK 2 / 'A ElEC7RONIC NOTARY PUBLIC * ��C * STATE OP TEXAS ' \ y COMh1ISSION = 130561630 h1Y COh1htI55iON EXPIRES ��� MARfH4,2028 Jennifer Louise DigitallysignedbyJennifer Louise Ezernack Eze r n a c k Date: 2026.01.2613:42:03 -06'00' Notary Public in and for the State of TEXAS My commission expires: March 4, 202R STATE OF TEXAS COUNTY OF TARRANT � � � This instrument was acknowledged bef'ore me on ��QRUCt�'�/ a , 2026, by Ji(l Farrell, COO of Tarrant County Hospital I)istrict, a Texas non-profit corporation (entity type), and in the capacity therein stated. , �p�Y;Ge•. Michelle Humphreys -'r%, n,;�'; Notary P�blic ;*;� �*; STATE OF TEXAS :�'i4j� �,�py� Notary ID #G236062 '•.,FOF�� My Comm, Exp. 02l78l2028 �C�l=�LGC_ �, Notary ublic in and for the State of TEXAS My commission expires: �02 —/�"c�20 a� After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pclletier L 00 Fort Worth Trail Fort Worth TX, 76102 JPS Hospital Addition Page 5 of 8 Sewer Line Privatization Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY LOT 1-R-1 and LOT A-1-R, Block T in Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-22-083, recorded as Document Number D222189469, Plat Records of Tarrant County, Texas. JPS Hospital Addition Page 6 of 8 Sewer Line Privatization Agreement Rev. 9/2024 � �� �J ��'�i �� I�,� ro � y —. � � � 6�'P.' ro = ���� � a a 4i E�ds4ng Sewer Manhde to remain :` c Pu61ic and serve as the Pu61ic f � Private Defineating PaM (X-1741n , � . - ' "/ '140'i o;,: a � '�A T' o!�: � . , � ' ! � F;_ .-�. ¢ - . .; < < .- � - - f, .: , _, +�r� . „Na�,� � -' , I �� Limits of 8" PVC Sewe� Lines L, �.. p , r �? �$..;�G. -` to ba Privatized (X-17417) W � '� '�_.� -- .o'o _ - y _ _ ,_ � L � 590 550 1 � n,� � � ��.i _ g �� ' �Y�+i', �;�. � j f '� I� � //,� � .- {.. - ',p�� iO o � � � ,�, � � !t • �! , � ' � � - � � �� ' � - _ . �,�� �o �,M, ., ; _ �. � r �� ' >� �� -'r ... ;;1. � ' � � � � a�, �� �. . � \� � ! r�� �y �4 � � • . i . � :�f !, �! ' • . �� , ��' � � : � �irJsi ♦ � .( , � � � + �� • - � �� - E�tJ%�J7 _ �i � f� _ ` � ' _ f ln+. �� r� l i V 1 . : 3. �� . � , l ro '1625 = �� ' i:J� •r �,1 J J%� ••� � ',•13 O � � 1500 j�a ----- � , . ) - . . /' e" � ►*, ty � �' ,i ,+� � .� . i/] 1652 _ :;�j o Limits of 6" PVC Sewer Lines t was . � , te Gy p 16�0 , � � � Iproviously Abandoned (X-1741� � , �r.j:r2 I , � �� - � � y pp ' — � l 694 :.) .6 = - . "`� , `. f` � ; , . .' I i , Y:.i.��"'C � '"_ '� � �v . , �1. p�l._� . ;,i•L;('^..• ' QJ�, �. , . // .�:.�- r � 1'..��' r-F ' � 'o. @ I• -1'E i-t"�� + �� �� .� r, • � � . : �� �• , _,� '� . � 1M�;■� - f ' �k . /� ,. �J L `.y�v...ia,..,. � / ' Or' fe ` _. . U .. ._._. ' � / , � . » II �j„1 , � � tM /J� �5c ^ �� �� • ' + fl' D �h .1O-'O, w�� 1�r C.L 6�.- �� V:C„ � � . '�� /i �� — r.��.,. �. i ,.� / r�.-- ' _ � ti. 4 --. - / . - �i' — a..ys....�a. j ��; +� _] 1� � �va� _ ,, . :'� ��� • , i�• � s...ti...... � �� � �r� ioL=- %'44 ='./�. ' 0i . �► , y� � :�� � Ea�anrnb � �'�_� � �� ` O x. r >, �h „�'n . � , irpe �l�+ .,� ci , 2pp 20T o: ..,�, S�i _ ,... ' ",I �r �, � � > `C=- : i '�. ',r �... � a d � � � � .. . � ,. ._, � �_w'__ — �cnw� �: .,�. �° G` A � � �` J —+a _vRccrs A �' `� � � qYF11UE ���� _ 1:> - - _ �I �o � _ �AL•L'ENAVE ♦ j���� �, : �, '°�'n°� JPS Hospital Addition FORTWORTH " � . 1401 S. Main Street, Fort Worth, TX WA�� � � 0 �5 56 ,�� ,50 �00 I o � , ,,, � Existing Public Water 8� Sewer Lines F�� N � • EXHIBIT "C" Depreciated Value of Sewer Lines 8" PVC Sewer Lines: 430 LF - 8" PVC Sewer Main Number: S-16273 Plans File Number: X-17417 GIS # 637788 (250 LF), GIS # 637789 (180 LF) Installed Date: 5/10/1978 Net Book Value as of 10/20/2025: $ 1,916.60 6" PVC Sewer Lines: 315 LF - 6" PVC Sewer Main Number: 5-16273 1 EA — 4' Manhole: GIS # 637783 Plans File Number: X-17417 GIS # 637787 (315 LF) Installed Date: 5/10/1978 Net Book Value as of 10/20/2025: $ 000.00 (Previously Abandoned) 2- 4 FT Standard Sewer Manholes: Total of 2 Manholes GIS # 637784 (1 EA), GIS # 637785 (1 EA) Plans File Number: X-17417 Installed Date: 5/10/1978 Net Book Value as of 10/10/2025: $ 547.50 Total Net Book Value as of 10/20/2025: $ 2,464.10 JPS Hospital Addition Page 8 of 8 Sewer Line Privatization Agreement Rev. 9/2024 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Hospital District d/b/a JPS Health Network Subject of the Agreement: Sewer Line Privatization Agreement M&C Approved by the Council? * Yes ❑ No ❑✓ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes 0 No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. EffeCtlVe Date: Once Recorded by City Secretary's Office Expiration Date: none If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. n/a *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.