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HomeMy WebLinkAbout065524 - Construction-Related - Contract - Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P.Date and Time Received: 07/14/2026 City Secretary No.: SEWER LINE ABANDONMENT AGREEMENT 65524 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 Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., a Texas limited partnership ("Developer"), 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 918 8tb 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 a public sewer facility known as X-14169, (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 a Community Facilities Agreement, CFA26-0022 and IPRC26-0008 which details the work to be performed by Developer to abandon, drain, cut and cap at the existing manholes and remove the Sewer Lines and to construct new sewer lines which will be undertaken to isolate the Sewer Lines from the City's sanitary 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 CFA26-0022, 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 cannot 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 manholes and remove the Sewer Lines per IPRC26-0008 plans to prevent infiltration into the City's adjacent active sewer system; and OFFICIAL RECORD CITY SECRETARY HCA Medical City Fort Worth Garage FT. WORTH, TX Page 1 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 WHEREAS, the total depreciated value of the Sewer Lines is the amount of $ 7,504.59 (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 CFA26-0022 and IPRC26-0008 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 Sewer 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. 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 CFA26-0022 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 Sewer Lines are abandoned, the Developer shall have exclusive control over the Sewer Lines and shall abandon, drain, cut and cap at the existing manhole and remove the Sewer Lines per the IPRC26-0008 construction plans to prevent infiltration into the City's adjacent active sewer system. 5. Except as otherwise herein provided, all construction and abandonment of the Sewer Lines shall be performed in strict compliance with this Agreement and the City's Charter, policies, ordinances, and Code. HCA Medical City Fort Worth Garage Page 2 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 6. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE ABANDONMENT, CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE SEWER LINE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OF DEVELOPER, OR OF THE CITY; AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. DEVELOPER SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH DEVELOPER'S USE OF THE SEWER LINE. NOTHING IN THIS PROVISION CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. 7. 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 and cap at the existing manhole and remove the Sewer Lines to prevent infiltration into the City's adjacent active sewer system. 8. 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. 9. 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. 10. 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. HCA Medical City Fort Worth Garage Page 3 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 11. This Agreement shall be binding upon the parties hereto, their successors, and assigns. 12. Contemporaneous with Developer execution and delivery of this Agreement to the City, pursuant to the CFA26-0022, Developer will construct a new sewer line in an alternative location to replace the 8" Sewer Line that is being abandoned and reconnect any remaining customers. [Signatures Follow:] HCA Medical City Fort Worth Garage Page 4 of 9 Sewer Line Abandonment 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 Developer: Columbia Plaza Medical Center of Fort Worth Subsidiary,. L.P., a Texas limited: partnership M J'esica McEachern Assistant City Manager Date: 07/13/2026 Recommended CG�r;tto�ke� �ta�det By: Christophe Harder (Jul 13, 202511:50:35 CDT Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black IJW 10, 2026 1526 25 CDT) Douglas `]V Black Sir. Assistant City Attorney p400anu q4` FORt Ila ATTEST: p�> ``°° °°°0 pvo °=d By: V °PA* ° °o°�° Jannette S. Goodall aaa� nEXA?a4a City Secretary Contract Compliance Manager: By: Columbia North Texas Subsidiary GP, LLC, a Texas.limited liability company,;its general partner By: Nr.01- hn Hoover ttlice President: Date: 4 r-t&z;a4 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: Suhy Varughese, P.E.. Engineering Manager HCA Medical City Fort Worth Garage Sewer Line AbandonnIent Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 5.of 9 Rev, 91201.4 STATE OF TEXAS § COUNTY OF TARRA NT § This instrument was Acknowledged before .me on, July 13 , 2026, by Jesica McEachern, Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. e JENNIFER LOUISE EZERNACK ELECTRONIC NOTARY PUBLIC STATE TEXAS COMMISSIONN # 130561630 MY COMMISSION EXPIRES MARCH 4, 2028 STATE OF TEXAS. § COUNTY OF TARR.ANT § Jennifer Louise Digitally signed by Jennifer Louise Ezernack Ezernack Date: 2026.07.14 14:50:58-05'00' Notary Public in and for the State of. TEXAS 'My commission expires: March 4, 2028 This instiument was acknowledged before.rne on lrie� q , 2026, by John Hoover, a. V'ice.President of C.vlumbiallorth Texas Subsidiary GP, LLC, a exas.limited liability company, the general partner of Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., a Texas limited partnership on behalf of said limited liability. company and limited partnership.. Sadie haven , g My Co m181ZQ27Expires (�•►�'�—I . Notary !Q �150731s Notary Public: in and for the t to f TEXAS N1y commission expires: After Recording Return to: City of Fort Worth — Development Services Water Section AT TN; David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 HCA Medical City Fort Worth Garage Page 6 of 9 Sewer Line Abandonment Agreement Rev, 912024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 13-R1, DISSEL TRACT, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-25-265, recorded as Document Number D226126998, Plat Records of Tarrant County, Texas. 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"I: Io - HCA Medical City Fort Worth Garage Page 7 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Sewer Line HCA Medical City Fort Worth Garage Sewer Line Abandonment Agreement Page 8 of 9 Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines 310 LF - 8" PVC Sewer Line Main Number S-19107 Plans File Number: X-26120 GIS ID # 1205882 (158 LF), # 1205883 (300 LF), Install Date: 11/24/2020 Net Book Value as of 2/23/2026: $ 7,504.59 Total Net Book Value as of 2/23/2026: $ 7,504.59 (see Note below) Note: The total depreciated value of the Sewer Lines is the amount of $ 7,504.59 (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 CFA26-0022 and IPRC26-0008 plans. HCA Medical City Fort Worth Garage Page 9 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. Subject of the Agreement: Sewer Line Abandonment Agreement M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 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 ED *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. CFA26-0022 / IPRC26-0008 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 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.