HomeMy WebLinkAboutContract 31939-A4 CITY SECRffARY
COWMCT 140 a i5( I 40
FOURT H AMENDMENT-TO CITY SECRETARY CONTRACTNO. 31939 BY AND
BETWEEN THE CITY F FORT WORTH,AQUA UTILITIES, INC., AND THE
RESORT AT EAGLE TAI LAKE,, L. P.
WHEREAS, on may 31, 2005, the City of Fort Worth, Aqua Utilities, Inc., and
the Resort at Eagle Mountain Lake, L. P. made and entered Into City of Fort Worth
Secretary Contract No. 3 939 regarding a temporary supplemental supply of treated
water to be provided by the City of Fort Worth.
WHEREAS,WHEREAS,1 the City Council authorized the First, Second and Third
Amendments to City Secretary Contract No. 311 3 which has been executed by both
parties; and
WHEREAS it has become necessary to amend City of Fort 'worth City Secretary
Contract No. 31939,
NOW THEREFORE, the City of Fort Worth, hereinafter referred to as "Fort Wort.",
acting herein by and through Fernando Costa, its duly authorized Assistant City Manager
Aqua Utilities, Inc.,, hereinafter referred to as "Customer", acting herein by and through
Robert L ughman, Its duly authorized President and The Resort at Eagle Mountain Lae,
L. P., hereinafter referred to, as "Developer", acting herein y and through Pars
Investment, Inc., its duly authorized General partner, acting herein by and through
Mehrdad oayedi, its duly authorized President, do hereby agrees as follows-
Section 12.1 of City Secretary Contract No. 31 939 is hereby amended, and after being so
amended, shall be and read as follows:
12.1 The portion of this section on expiration date shall he changed fro shall
expire at midnight on December 31, 2013" to, "shall expire at midnight on
December r 31, 2016. l
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OFFICIAL R,E��u
CITY SECRETARY
WORTH, TX
...............
18.3 The following sentences shall be added after the existing first sentence of
this section: "Customer may, however, assign this agreement to Aqua
Texas, Inc., a related entity, without obtaining approval from other parties.
The Customer shall notify all other parties, of such assigi-mient."
All other terms and conditions of City Secretary Contract No. 31939 not amended herein
shall remam in full force and effect.,
in
Si ned Quadruplicate, each o�f'which is considered to be an original on this
a
Day of 2014.
ATTEST: CITY OF FORT WORTH JN
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pry Kay Ver,,, Fernando Costa
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City re
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OFFICIAL RECORD
Approved as to Form and L,eg
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IT'1' SECRETARY
F`Tfiv.W1,311,77H,
Christ Ak Reynolds
Assistant City Attorney
A A TEST: AQUA UTILITIESI INC.
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Corporate Secretary ert Lhfig an
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President resident
ATTE's", THE RESORT A EAGLE
MOUNTAIN LAKE L. P.
By-, Par Investments, Inc.
It's General Partner
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N to ecretar Melu-dad Maoyedi
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COPYR414T 201f CfTV Of FORT WORTH UNAUYHO,RIUO NAD�_IOSA_S,tmt*Planik_Texas_North_Centtal_FIPS_�4202_Feet 1 inch equals 1 50:0 feel
REPRODUCTION I A YMATION OFAPPLOCASLO""
0 750 1,500 2,,250 3,000 TWO DATA*TO ON U"ID FOR A ORAPHKAL R6PREAVENIAPON ONLY
THE ACCURACY 1$NOT 70 SIE TAXEN)US110 AS DATA PROOUCVV FOR
Feet ENGINEERING PURIM SIS 09 BY A RSONITERGO PROFESSIONAL LAND
SURVEYOR.THSCITY OF FORT WORTH AMMMES no RESPONMISOLITY
01.VUCAOeINO ArVAF QA."iM*T*
City of Fort Worth, Texas
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III
DATE: Tuesday, November 12, 2013 REFEREN'CE NO...
LOG NAME:, 60RESORT EAGLE, MOUNTAIN
SUBJECT:
Authorize Execution of Amendment No. 4 to the Agreement with Aqua Utilities, Inc., and the, Resort at
Eagle Mountain Lake, L.P., to Sell Supplemental Treated Water on a Temporary Basis for The Resort at
Eagle Mountain Lake NO COUNCIL DISTRICT)
RECOMMENDATION:
It is recommended that the City Council execute a contract with Aqua Utilities, Inc. for the treated water
service extension from January 1, 2014 to December 31, 20,16 for the Resort at Eagle Mountain Lake,
L.P.,� urs,ulant to,the terms,anid co:ndli'tioins, in the Fourth Amendment.
DISCUSSION:
On May 31, 2005, (M:&C C-20772, City Secretary No. 31939!)the City Council authorized water se ice to
be provided to the Resort at Eagle Mountain Lake, L.P. through Aqua Utilities, Inc., who holds a Certificate
of Convenience and Necessity issued by Texas Commission on Environmental Quality. On October 18,
2011, the Council authorized M&C C-25224 allowing the extension of water service to the Resort at Eagle,
Mountain Lake, L.P. until December 31, 20�13. Aqua Utilities, Inc. requested to extend the water service
three! more years until December 3,1, 201�61. The Resort at Eagle Mountain Lake, L.P. and Aqua Utilities,
Inc., shall be charged 1.25 times the rate charged for Commercial customers outside of the City limits
pursuant to Sections 35-56 and 35-60 of the City Code.
Existing Aqua Utilities, Inc. wells will be used for primary water source,, while Fort Worth water will
continua to be used to supplement their ground water supply.
V
FiSCAL INFORMATION I CEIRTIFICATIQN,
The Financial Management Services Director certifies that the Water Department is responsible for the
col�llecti�on andi deposit of revenues under this agreement.
FUND CEN
TO FundLAcg2untlCenters FROM Fund/AccountMentem
CERTIFICATIONS:
SubmkUd for C11tv Mlinpgoes Offic Fernando Costa (6122)
Orlainagna De rtmenj Head:, S. Frank Crumb (8207)
Addig—onall IaWmation Contact: Doo Kim (2752)
ATTACHMENTS
1. 4th,,.AMgndment to Resort at 'E,agle Mt La (Public)
2. resod4jhaM ndmentmap.Ddf (Public)
Lo e: 601RESORT EAGLE MOUNTAIN Page I of I