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HomeMy WebLinkAbout064925 - Construction-Related - Contract - Airport South Hotels II, LPDate and Time Received: 03/25/2026 City Secretary No.: 64925 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 AIRPORT SOUTH HOTELS II, LP, a Texas limited partnership ("Company"), 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 4600 Hwy 360, 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-26144 (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 CFA24-0151 and IPRC24-0085 which details the work to be performed by Developer to drain, cut, cap, plug and grout fill or remove the Water Lines and to construct new 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, pursuant to the CFA24-0151, Developer will construct a new water line in an alternative location to replace the Water Lines and serve the existing customers; and WHEREAS, the City has reviewed Developer's request and has determined that the Water Lines serve customers within or beyond the boundaries of the Property, and the abandonment of the Water Lines contemplated by this Agreement can NOT take place until the new water- lines Developer will construct pursuant to the CFA24-0151 have been constructed, inspected and accepted by the City are placed in service and adequately serve any remaining customers who are served by the Water Lines; and WHEREAS, once completed, the Water Lines will be deerned abandoned and the Developer shall have exclusive control over the Water Lines. Developer shall drain, cut, cap, plug and grout fill or remove the Water Lines per CFA24-0151 and IPRC24-0085 plans to prevent infiltration into the City's adjacent active water system; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX HOTELS ON FAA BLVD Page I of 8 Water Line Abandonment Agreement Rev. 9/2024 WHEREAS, the depreciated value of the Water Lines is the amount of $ 33,628.89 ("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 $ 0.00 owed to the City, by the Developer's construction of the alternative water lines contemplated by CFA24-0151 and IPRC24-0085 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 water line as contemplated herein. 0A Abandonment of the Water lines and work by Developer to abandon the Water Lines shall not occur until the new water lines that are the subject of the CFA24-0151 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 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. 4. Developer agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Water Lines and shall abandon, drain, cut, cap, plug and grout fill or remove the Water Lines per the IPRC24-0085 construction plans to prevent infiltration into the City's adjacent active water system. S. 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. HOTELS ON FAA BLVD Page 2 of 8 Water Line Abandonment Agreement Rev. 9/2024 11 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, cap, plug and grout fill or remove the Water Lines to prevent infiltration into the City's adjacent active water 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 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. 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 Water 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 CFA24-0151, Developer will construct a new water line in an alternative location to replace the Water Line that is being abandoned and reconnect any remaining customers. [Signatures Follow:] HOTELS ON FAA BLVD Page 3 of 8 Water Line Abandonment Agreement Rev. 9/2024 THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager, Cite of Dort Worth By: C>v Jesica McEachern Assistant City Manager 1111c: 03/19/2026 Recommended Christopher Rardor By: Chdstouh., Ha,de,(Mr 11. 20261119:21 CDT) Chris Ilarder. P,E. Water Department Director Approved As To Form and Legality Woe — By: Douglas Black (Mar 11, 2026 13:32:36 CDT) Douglas w Black Sr. Assistant City Attorney 4 aa>i a O tS... r vo ► ° ?9pp ATTEST: GQ o 0 �atn,n�*�. A .,�g_4ced d4p nEXA5o4o Janette S. Goodall City Secretary Contwt Compliance Manager: Owner: AIRPORT SOUTH HOTELS II, LP a Texas limited partnership By: Metropolitan Hospitality Management, LLC its General Partner - Name: . Patel Title: Manager By signing 1 acknowledge that 1 am the person Responsible for the monitoring and Administration Of this contract, including ensuring all performance and reporting requirements, By Su6�Y��G..P� OFFICIAL RECORD Suby Varughese, P,E. CITY SECRETARY Engineering Manager HOTELS ON FAA BLVD Page 4 of 8 FT. WORTH, TX Water Line Abandonment Agreement Rev, 9 ,Q0?4 STATE OF TEXAS C OUNTY OF TARRANT This instnament was aeknowle-Jged before me on March 19 2026, by lesiea McEachem, the :assistant City Man' of the City of Fort Worth, a Texas home rule municipal corporation. on behalf of said home rule municipal corporation. �,.RY Pye 3EIINIM LOUISE EZERNACK ELECTRONIC NOTARY PUBLIC 4 r STATE OF TEXAS COMh11SSION s 130561630 %a apg MY COMMISSION EXPIRES MARCH 4, 2028 STATE OF TEXAS COUNTY OF TARRANT Jennifer Louise Digitally signed by Jennifer Louise Ezernack Eze r n a e k Date: 2026.03.24 14:38:26-05'00' Notary Public in and for the State of TEXAS My commission expires: March 4. 2028 This instrument was acknowledged before me on 44o*' 2ra , 2025, by Dhaval M. Patel, a Manager of Metropolitan Hospitality Management, LLC, a General Partner of Airport South Hotels II, LP, a Texas limited partnership (entity type), and in the capacity therein stated. ID,11112027 IACY Patel _ f liy CommiNtoo Exputt 17]t� Hour/ ID191�t6445 After Rcwrding Return to: 6CIVAN Niel __ Notary Public and for the State of TF XAS My commission expires: ; 1111302- City of Dort Worh - Development Scrvice;s Witter Sectitxt A'FIN: David Pelletier 100 fort Wo1Zh 7*rail Dort Worth 1 X,'G102 HOTELS ON PAA BLVD Page 5 01'8 Water Line Abandonment Agreement Rey. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 6RI- I and 6R2- 1, Block 113, in Centreport Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-24-098, recorded as Instrument Number D225051693, Plat Records of Tarrant County, Texas. PJ 'i jY 17 4g 41 :w N JI Z' E ' It H leg HOTELS ON FAA BLVD Page 6 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Water Line HOTELS ON FAA BLVD Page 7 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "C" Depreciated Value of Water Lines 8" PVC Water Lines: 535 LF - 8" PVC Water Line Plans File Number: X-26144 GIS # 1366286 (23 LF), GIS # 1366283 (24 LF), GIS # 1366282 (38 LF), GIS # GIS # 1366275 (81 LF), GIS # 1366274 (26 LF), GIS # 1366273 (21 LF), GIS # GIS # 1366268 (152 LF), GIS # 1366246 (111 LF) Install Date: 4/15/2020 Net Book Value as of 6/16/2025: $ 12,931.96 1366279 (42 LF), 1366272 (17 LF), 8" DI Water Lines: 250 LF - 8" Ductile Iron (DI) Water Line Plans File Number: X-26144 GIS # 1366227 (43 LF), GIS # 1366228 (27 LF), GIS # 1366229 (15 LF), GIS # 1366244 (21 LF), GIS # 1366247 (27 LF), GIS # 1366248 (21 LF), GIS # 1366263 (26 LF), GIS # 1366270 (40 LF), GIS # 1366277 (30 LF) Install Date: 4/15/2020 Net Book Value as of 6/16/2025: $12,948.59 2 (Total) - Fire Hydrants: Plans File Number: X-26144 GIS # 1366188 (1 EA), GIS # 1364081 (1 EA) Install Date: 4/15/2020 Net Book Value as of 6/16/2025: $ 7,748.34 Total Net Book Value as of 6/16/2025: $ 33,628.89 (see note below) Note: The depreciated value of the Water Lines is the amount of $ 33,628.89 ("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 $ 0.00 owed to the City, by the Developer's construction of the alternative water lines contemplated by CFA24-0151 and IPRC24-0085 plans. HOTELS ON FAA BLVD Page 8 of 8 Water Line Abandonment Agreement Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: AIRPORT SOUTH HOTELS II, LP Subject of the Agreement: Water Line Abandonment Agreement M&C Approved by the Council? * Yes ❑ No 0 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 "Permanent"? *Yes ❑✓ 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. Effective 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. Project Number: If applicable. CFA24-0151/IPRC24-0085 *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 processing in the followingorder: rder: 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.