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Home My WebLink About065190 - Construction-Related - Contract - Spectrum Gulf Coast, LLCCSC# 65190 CONSTRUCTION REIMBURSEMENT AGREEMENT CITY OF FORT WORTH, TEXAS — FW Zoo Drainage Improvements Project THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), by and through its duly authorized assistant city manager, and Spectrum Gulf Coast, LLC., authorized to do business in Texas ("Company"). WITNESSETH: WHEREAS, Company owns and operates a Cable/Fiber Communications line that is currently in an Oncor Electric Deliver Company L.L.C. easement described as Maria Josefa Survey, Abstract No. 2, City of Fort Worth, Torrent County, Texas, being a portion of Blocks 9 and 10, Frisco Railroad Addition, an addition to the City of Fort Worth, according to the plot recorded in Volume 309, Page 2, Plot Records, Tarrant County, Texas (the "Facility") in Tarrant County, Texas; and WHEREAS, City has constructed the FW Zoo Drainage Improvements Project ("Project") and as the final element to the Project, City has requested that Company reroute a portion of the Facility (the "Relocation") within the easement, and as depicted, by Attachment "A" attached hereto and made a part hereof; and WHEREAS, Company has agreed to provide the Relocation subject to City's payment for relocation costs in the amount of $25,437.72 ("Relocation Costs") as detailed herein on Attachment "B" attached hereto and made a part hereof; and WHEREAS, City has agreed to reimburse Company for the Relocation Costs; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Company as follows: RECITALS: The recitals, above, are incorporated into this Agreement insofar as they contain material elements germane to the Parties. REIMBURSEMENT BY CITY: A. City agrees to reimburse Company $25,437.72, for the Relocation, as depicted on Attachment B. B. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of City for which the City is obligated to levy, pledge or collect any form of taxation. INGRESS AND EGRESS: City hereby grants to Company the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable and/or necessary for Company to access the easement and to perform the Relocation. Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast, LLC OFFICIAL RECORD FW Zoo Drainage Improvements CITY SECRETARY Page 1 of 5 CO2447 FT. WORTH, TX AUDIT: Where required for a valid City purpose, City shall have the right, upon reasonable notice and during normal business hours, to audit and obtain copies of the books, records, and accounts of Company directly relating to the Relocation for up to two years after the date Company completes the Relocation. Company shall have the right to place reasonable confidentiality restrictions on any information or documents obtained by City. COMPANY LIABILITY AND INDEMNIFICATION: Company shall be liable for and shall promptly and fully compensate City for liabilities, claims and costs resulting either from the negligent activities of Company employees, agents and/or contractors. Company agrees to indemnify and hold harmless the City, its officers, agents and employees, against and from any and all liability, loss and expense and shall defend all claims resulting from loss of life or damage or injury to persons or property directly or indirectly resulting from the work performed by Company to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents or arises out of or in connection with the Relocation. As a necessary condition for such indemnity to be enforceable against Company: (i) Company shall be notified in writing promptly of any and all claims, liability, loss and expense for which City seeks indemnification from Company, and (ii) Company shall have sole control of the defense of any and all claims, liability, loss and expense and all negotiations for their settlement or compromise. NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company, and neither the City nor Company intends by any provision of this Agreement to create any rights in any third -party beneficiaries or to confer any benefit or enforceable rights, under this Agreement or otherwise, upon anyone other than the City and Company. VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. ENTIRETY OF AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. SIGNATURE PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast, LLC FW Zoo Drainage Improvements Page 2 of 5 CO2447 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH Dana Bt) hdoff Dana Burghdoff (May 12, 26 23:29:47 CDT) Dana Burghdoff Assistant City Manager Date: 05/12/2026 Recommended by: n &':mow Teresa Thomason (May 5, 2026 13:48:54 CDT) Teresa Thomason Deputy Director, Park & Recreation Department Approved as to Form and Legality: jyc� Douglas Black (May 8, 2026 08:40:16 CDT) Douglas Black Senior Assistant City Attorney Attest: nnna FOpT�O9�d0 G ono esd ? ZI bTEXPg4o QIl Jannette Goodall City Secretary Contract Compliance Manager: Thomas Eatinger Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast, LLC FW Zoo Drainage Improvements Page 3 of 5 Spectrum Gulf Coast, LLC, by its Manager, Charter Communications, Inc. Sam Easley (May 52626 10:07:24 ) Sam Easley Construction Coordinator Date: 05/05/2026 M&C: None Date: None OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CO2447 Attachment "A" D ark Hill I D ark Hill D arkHiII D ark HI I D ff 010. ' d r: � 1 Scope of Spectrum work Relocate existing aerial COAX 780 ft (red dashed line) to re routing in new easement provided by city FTW (green hatched area) moving 584 ft ug.'� * per Spectrum cost estimate 03.12.2026 Charter Spectrum, " COST ESTIMATE ,• ra vv c!er' ,'.. F...,Y, JF,/trt F0.111) Put 8J1 DR iII A' I OF^.aCPoPT1GN MWifylY f.O:t Tmel �y FTW MGWNG.5" FT_4G. fi f uea s Mrszs n.,w,r. s z.xs.se � Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast, LLC FW Zoo Drainage hnproven rents Page 4 of 5 t III CO2447 Exhibit B I Invoice spectrump', RN T,7 AoOiess: I Thomas Eatinger 51$9 James Ave FortWorth, TX 76115 Pemil To Adiress Dam Ingolco # M 12, 2026 CMR 5961 Charter Communications Holdings, LLC Sundry) Billing Ply Box 63 186 Chicago, IL 60691-01811 PIE) Due Dale 4h5Sg74 12?110-16 Dx:s& ption Class Arnount rosr.cd IY rCrlkAl-c 4:i(v f-ir HOo Tvid;rm*lnntion I ABOR I woad Rcl aic-LF CAI f Pri e . i,174.20 N' AI I I111M. t ur� Rekx�-Ae-1.FGA1.XIN 21MA2 Please wire funds to US Bank Account information provided. For invixice yuestiom plcax conlwrt St: NDRYBILLIN GCi-ROUP@-CHARTER.COM Customer Total Balance $25. 37.72 Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast, LLC FW Zoo Drainage Improvements Page 5 of 5 CO2447