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Home My WebLink About047479-AD1 - Construction-Related - Contract - Tradition Municipal Utility District No. 1City Secretary Contract No. �-il � 1 q- A� � ADDENDUM TO AMENDED CREATION AND OPERATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT N0.1 OF DENTON COUNTY (City Secretary Contract No. 47479) This Addendum to Amended Creation and Operation Agreement for Tradition Municipal Utility District No. 1 of Denton County (the "Addendum") is entered into by the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Johnson, Parker, and Wise Counties (the "C�"), acting by and through its duly authorized Assistant City Manager, and Tradition Municipal Utility District No. 1 of Denton County (the "District"), a municipal utility district created pursuant to Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code, and Chapter 8189, Texas Special District Local Laws Code, effective upon execution of this Addendum by all Parties (the "Effective Date"). RECITALS WHEREAS, the City and the District are parties to that certain Amended Creation and Operation Agreement for Tradition Municipal Utility District No. 1 of Denton County, effective January 12, 2016 (the "Operatin� A�reement"), City Secretary Contract No. 47479, as amended, which sets forth certain terms regarding the operation of the District; and WHEREAS, Traditions Investors, LLC ("Traditions Investors") is the owner of a certain tract of land located within the District; and WHEREAS, Traditions Investors is currently developing the land and has entered into a community facilities agreement with the City for the construction of an off-site sanitary sewer necessary to provide sanitary sewer service to the land, City Secretary Contract Number 63943, as generally depicted in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, Northwest Village (Fort Worth) Owner, LLC ("Northwest Villa�e") is the owner of a certain tract of land located with the District; and WHEREAS, Northwest Village's private improvements will ultimately connect to and be dependent upon the off-site sanitary sewer being constructed by Traditions Investors; and �' ► d��i�`�l'. i+��v�o.:+'I�til�� isr-•—n �= —4. t.�,��X�RX � �� . - : - - ADDENDUM TO AMENDED CREATION AND �; '-�� Pa e 1-of 7 OPERATION AGREEMENT FOR TRADITION MUNICIPAL I��' �� '� g UTILITY DISTRICT N0.1 OF DENTON COUNTY -1 -� WHEREAS, Traditions Investors is currently negotiating with River's Edge Homeowner Association ("HOA") to obtain an easement necessary for the off-site sewer ("Sewer Easement"), the location of which is generally depicted in Exhibit B, which is attached hereto and incorporated herein by reference; and WHEREAS, the District's Board of Directors has determined that the Sewer Easement serves a valid public use and necessity and is in the best interests of the District and its constituents; and WHEREAS, to avoid delaying development, Traditions Investors and Northwest Village have requested that they be allowed to begin construction of their private improvements while the Sewer Easement is being negotiated; and WHEREAS, if Traditions Investors is unable to obtain the Sewer Easement within 60 days of execution of this Addendum, the District will initiate condemnation proceedings to obtain the easement; NOW THEREFORE, in consideration of the mutual promises contained herein along with other good and valuable consideration, the receipt and sufficiency of which are hereby acicnowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and form the basis upon which tlus Addendum is entered into. 2. If Traditions Investors is unable to obtain an off-site sewer easernent from the HOA within 60 days of the Effective Date of this Addendum, the District shall imrnediately begin condemnation proceedings to obtain the easement, and shall diligently pursue the condem�lation proceedings without delay until the easement is obtained. Failure by the District to initiate and diligently pursue condemnation proceedings as stated herein shall be a breach of the Operating Agreement. 3. All terms in this Addendum that are capitalized, but not defined, shall have the meanings ascribed to those terms in the Operating Agreement. ADDENDUM TO AMENDED CREATION AND Page 2 of 7 OPERATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT N0.1 OF DENTON COUNTY � It is understood and agreed that by execution of this Addendum, City does not waive or surrender any of its governmental powers or immunities. 5. This Addendum shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Addendum, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. � The parties acknowledge that each party and its counsel have reviewed and revised this Addendum and that the normal rules of construction to the effect that any arnbiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Addendum. 7. This Addendum contains the entire understanding and agreement between City and the District, their assigns and successors in interest, as to the matters contained herein. Any prior or conternporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Addendum. [SIGNATURE PAGES FOLLOW] ADDENDUM TO AMENDED CREATION AND Page 3 of 7 OPERATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY CITY OF FORT WORT B• � �� Name: Jesica McEachern Title: Assistant City Manager ATTEST B' Na : Jannette Goodall Tit e: ity Secretary 444�nA�� aG � y� � p � o°� �� °o�� o� oo��% d �o a�� 0 � ��°o o � � d 0 0 � �000000� a a�� n�•ab 4��10 APPROVED AS TO FORM AND LEGALITY: By: ' Name: Richard A. McCracken Title: Sr. Assistant City Attorney M&C: N/A Form 1295: N/A ,., _ � - �_- ; � ��'Y��, �� +�;�� .��r � �� a��.�� -- — ADDENDUM TO AMENDED CREATION AND Page 4 of 7 OPERATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 By: � l� i'L.�f�l Name: Walker Bright Title: President ATTEST By: Q,� ��-� Name: Alex Pfeffer�<orn Title: Secretary ADDENDUM TO AMENDED CREATION AND Page 6 of 8 OPERATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY EXHIBIT A � iZIY�R'a �DG� t'fiAB� SB CPN 10325i (a�dating) PROJECT LOCATION TRADfRONS INV�TUtZS, LLC pOC. N0. 202.(1-37553 di'lZDGT P� QQ`�J Q��Q- G��` ,`O oQ,O ��P�� P,`C'��, ��P �P 4 � ��; +----- 1 , � z ` �� Q � � ,� =� = � w � � � � � U J �� m� -___ —� � HWY-114 � o_c� c�c�r� � NORTHVIl�ST YI44AG� {�OfZTWOi�fH) OVIM�R,11C ROC. H0. ?J02.3-1687 �,� OPRi?G7 ��,� ��P�O �U \ 't1L4D19'fON� INI/�STOftS, LLC C�'N t09�86A� (t'uturo) (water) Cf'N 105�4G� (fuCura) (�awar) 7tZADI110H� tNV�ST01tS. LLC Ci'N 105293 (firture) (traPPlc el�naf, etreatllgl7t, pav►ngj 1RADITIONS INV�STOitS, LLC 170C. N0. 202A-4i755� OPf�DG7 / ADDENDUM TO AMENDED CREATION AND OPEIZATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT N0.1 OF DENTON COUNTY Page 6 of 7 EXHIBIT B ADDENDUM TO AMENDED CREATION AND Page 7 of 7 OPERATION AGREEMENT FOR TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY BEING a tract of land situated in the Guadalupe Cardinas Survey, Abstract No. 214, City of Fort Worth, Denton County, Texas, being part of a tract conveyed to River's Edge Homeowners Association, by deed recorded in Document Number 2024-99 of the the Official Public Records of Denton County, Texas (O.P.R.D.C.T.), with the subject tract being more particularly described as follows: BEGINNING at a point in the common line between said River's Edge Homeowners Association Lot 26X, Block 6, and State Highway 114, a variable width right—of—way, from which an "X" found in concrete, for the southwest corner of said River's Edge Homeowners Association tract, and the southeast corner a tract of land conveyed to Traditions Investors, LLC, by deed recorded in Document Number 2020-37553, of the Official Public Records, Denton County, Texas (O.P.R.D.C.T.), bears S 00'06'47" E, 603,82 feet; THENCE N 00'06'47" W, 479.37 feet; THENCE N 89'53'32" E, 30.00 feet from which an "X" found in concrete being the intersection of Fonny Way, a 50 foot right—of—way, as recorded in Document Number 2008-68164 (O.P.R.D.C.T.), and Severn Lane, a 50 foot right—of—way, as recorded in Document Number 2008-68164 (O.P.R.D.C.T.), bears N 80'43'05" W, 157.58 feet; THENCE S 00'06'47" E, 479.36 feet; THENCE S 89'53'15" W, 30.00 feet to the POINT OF BEGINNING with the subject tract containing 14,381 square feet or 0.330 acres of land. `�SPIARS I SANITARY SEWER EASEMENT ENGINEERING & SURVEYIUG GUADALUPE CARDINAS SURVEY A-214 )45[ictEtFc�E.��:,?I[O . Hm.1X)S']i5 . 9RE12�/Ill I 1cE1.aFl13f P.l�S1�a.F�Nll1�� • xr.�e��r�m-� � Drawn: Checked: Date Job No. � CITY OF FORT WORTH e�r I JDH I 3/5/25 I 2a—ooa � DENTON COUNTY, TEXAS PAGE 1 OF 2 Drawing: C:\2024 JOB5�24-009 �'orlhn�est Vllage INfste Spner\GD\Easements\I.'&B Easement F.dng Swed By. Btalenlino Svie ime: 3�5�2025 1:18:02 RA Pblletl by: bloien�ino Pbt Datr. 3�5�2025 1:32 PM N W � E S ,� ' 3 � -- � � 2 � I 1 , I �, FONNY WAY 'X" Fnd. '' L2 (�' R.o.w.) � in conc. 75 0 75 150 � j �' E N 15�.58 � 1" = 150� j N 80'43'05' I Basis of bearing: State Plane j 2R � o� Coordinate System, Texas North j ��; Central Zone 4202, North j 3R N`� American Datum of 1983, j Adjustment Realization 2�11. � 4R RIVER�S EDGE, PHASE 2 / Doc. No. 2009-32 PRDCT / j � 5R �a�n��ry �eaY�� ]ES�n�. �' �� i �.3�� res � � gR ' � I Traditions Investors, LLC, Doc. No. 231?986 AC3 OPRDCT � 8R % 9R � l L4 i �` .� POINT OF /' ( BEGINNING 10R %l ; � 114,��1 �.]F.� �____ REPLAT OF BLOCK 6, LOTS 1-10, � �R RI CA N'ET Y, D AGE� 465 RDCT 2 RIVER'S EDGE, PHASE Lot 26X, Block 6 Private Open Space Doc. No. 2009-32 PRDCT Line Tablc Line � Beoring Distonce L1 N00'06'47'14 479.37' L2 N89'S3'32'E 30.00' L3 S00'06'47°E 479.36' L4 589'53'15"W 30.60' PAGE 2 OF 2 ��]SPIARS HIGHWAY 114 (v� w�au� Raw.) ; %. 2 Maw River's Edge LP. `V � Dac. No. 2005-11599 � , Y� � Remainder Of Tract 2 Z', wi i�' � o IN [CALLED 10.8897 AC] SPECIAL WARRANTY DEED GATEWAY CHURCH DOC. N0. 2019-148781 O.R.D.C.1X. �� X" Fnd. m conc. SANITARY SEWER EASEMENT ENGINEERING & SURVEYI�;G I GUADALUPE CARDINAS SURVEY, A-214 )65Lc'e�0.,s1.�•tixi[J . 1_m.1XI5�i.i . 9RSl�tllTl lc.[NOFII.t T.LPst1uF16�.11.] xnv��j_r._ ;m� � CITY OF FORT WORTH Drawn: Checked: Date Job No. � BDT JDH 3/5/25 za-ooa � DENTON COUNTY, TEXAS orow;�q: c:\�oza ,ro��za-ooa iw�r,v;es� un� arsce se.p��cno�ease��s�vae Eo��c F.a.y sa.�d ay e�oie�u�o sw� r�: a/s/zozs i:ie:oz �n �� 0 F T ��. �G \�e�� .._... .. � � DARREN K. BROWN ...<... � .........._..__P_...�.. 5252 � 9�� S U FZ�1 E�o PRELIMINARY DARREN K. BROWN, R.P.L.S. 5252 PloUetl by: btalenlino Plot Date: 3�5�2�25 1:32 PM F�0 RT WO RT H,� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tradition Municipal Utility District No. 1 of Denton County Subject of the Agreement: Addendum to Amended CReation and Operation Agreement M&C Approved by the Council? � Yes ❑ No 8 If so, the M&C mzrst be attachec� to the conh•act. Is this an Amendment to an Existing contract? Yes 8 No ❑ 47479 (Addendum) If'so, pro>>ide N�e oi�igii�al co�tract mm�ber and the amendmei�t� rrim�be�•. Is the Contract "Permanent"? *Yes 8 No ❑ If z�hsure, see back pnge, fo�� ermanent conti�act lisfing. Is this entire contract Confidential? ''�Yes ❑ No 8 Ifonly specific t��fo��n�ntio�� is Coi�frdential, p/ease list i��hat info�°irratio» is Confidential and the page it is located. N/A Effective Date: Upon Execution of All Parties Expiration Date: N/A If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No � 'kIf so, please enszrre it is attached to the aj�proving M&C or attached to the co»tract. Project Number: Ifapplicable. 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) *I�dicates the information is requi�•ecl and if the informatiorr is not pr•ovide�l, the contract N�ill be returned to the depart�nent.