HomeMy WebLinkAboutContract 62434Date Received: 12/13/2024
City Secretary Number: 62434
Time Received: 4:00 p.m.
AGREEMENT FOR PRIVATE LIFT STATIONS
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
This AGREEMENT FOR PRIVATE LIFT STATIONS ("Agreement") is made and entered
into by and between the City of Fort Worth, a home -rule municipal corporation of the State of
Texas ("City"), and Crooked Creek Run, LLC, a Texas limited liability company ("Owner"), each acting
by and through its duly authorized representative. City and Owner are referred to herein individually
as a "party" and collectively as the "parties."
WHEREAS, Owner is the current owner of Lot 1 R2a and Lot 1 112c, Block 1, Mayfield Kiser
Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recording in
Instrument Number D224172285 in the official public records of Tarrant County, Texas (with each such
lot being referred to individually herein as a "Lot" or, collectively, as the "Lots" or "Property"); and
WHEREAS, in connection with the future development of each of the Lots, the then -existing
Owner of either of the Lots, if it is not able to provide gravity flow sanitary sewer service for the
development of the facilities on its respective Lot, must have the right to construct a private lift station to
provide sanitary sewer service for such applicable Lot; and
WHEREAS, City and Owner desire to enter into this Agreement to memorialize City's approval
of the construction of private lift stations to provide sanitary sewer service to each Lot, respectively; and
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, City and Owner hereby agree as follows:
SECTION 1
INCORPORATION OF RECITALS
The foregoing recitals are true and correct, form the basis of this Agreement, and are incorporated
into this Agreement by reference.
SECTION 2
APPROVAL OF PRIVATE LIFT STATIONS
2.1 City approves of the construction of a private lift station to serve the future development
of improvements on both Lots by the then -current Owner of each such Lot, respectively, if such Lot cannot
receive sanitary sewer service for the proposed development of such Lot through a gravity fed system. The
City hereby confirms that if the improvements to be developed on a respective Lot can receive sanitary
sewer service for such proposed development of such Lot through a gravity fed system, the Owner of such
Lot is not required to construct, and City will not allow the construction of, a private lift station for sanitary
sewer service for such Lot. The then -current Owner of each Lot shall be responsible for all costs associated
with the design, construction, and maintenance of the private lift station providing service to such Lot. Any
required private lift stations shall be designed in accordance with state law and all rules, regulations, and
policies of the City. Upon request of the City, the then -current Owner of either Lot that is constructing a
private lift station for such Lot shall provide City with a copy of the engineering plans for the private lift
station. Prior to constructing any private lift station, the City and the then -current Owner of the applicable
Lot shall execute a maintenance agreement in substantially the form set forth in Exhibit A. which is attached
AGREEMENT FOR PRIVATE LIFT STATIONS Page 1 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RIJN, LLC OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
hereto and incorporated herein by reference, obligating the then -current Owner of such Lot to maintain the
private lift station constructed to serve such Lot.
SECTION 3
LIABILITY AND INDEMNIFICATION
3.1 OWNER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITYHARMLESS FOR THE DESIGN, CONSTRUCTION, AND MAINTENANCE OF
THE PRIVATE LIFT STATIONS.
3.2 OWNER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER,
WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR
DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH, OR DAMAGE TO ANY
PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE DESIGN, CONSTRUCTION,
PERFORMANCE OR MAINTENANCE OF THE PRIVATE LIFT STATION, ITS CONTRACTORS,
SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, ON ACCOUNT OF ANY ACT,
INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID OWNER, ITS
CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR
NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE
ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR
EMPLOYEES.
SECTION 4
RIGHT TO AUDIT
The then -current Owner ofeach Lot agrees that the City shall have access to and the right to examine
and copy any directly pertinent books, digital files, documents, papers, and records involving transactions
relating to this Agreement. The files requested by the City shall be delivered in a format reasonably agreed
upon by the City, and to a reasonable location of the City's choosing, during normal working hours, in order
for the City to conduct compliance audits. The City shall not be responsible for associated costs of its
desired or required audits. The City shall give the then -current Owner of each Lot reasonable advance
written notice of intended audits, but no less than ten (10) business days.
SECTION S
NOTICES
All notices required or permitted under this Agreement may be given to a party personally or by
mail, addressed to such party at the address stated below or to such other address as a party may from time
to time notify the other parties in writing. Any notice so given shall be deemed to have been received when
deposited in the United States mail so addressed with postage prepaid:
CITY:
City of Fort Worth
Development Services Department
100 Fort Worth Trail
Fort Worth, Texas 76102
AGREEMENT FOR PRIVATE LIFT STATIONS
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
OWNER:
Crooked Creek Run, LLC
PO BOX 427
Addison, TX 75001 USA
Page 2 of 14
With conies to:
City Attorney's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Or to such other address as a party, or a then -current Owner, may hereafter designate by notice in
writing addressed and mailed or delivered to the other parties hereto.
SECTION 6
VENUE AND CHOICE OF LAW
The parties agree that this Agreement 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, arises on the basis of any provision
of this Agreement, 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.
SECTION 7
THIRD -PARTY RIGHTS AND ASSIGNMENTS
City understands that Owner intends to immediately convey the Lots to a third party for
development of the Lots. Owner and any future Owner shall provide written notice to the City of any
assignment of any rights, privileges, or duties under this Agreement within 30 days of the assignment.
SECTION 8
INDEPENDENT CONTRACTOR
It is expressly understood and agreed each then -current Owner of a Lot, and its employees,
representatives, agents, servants, officers, contractors, and subcontractors, shall operate as independent
contractors as to all rights and privileges and duties performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, the then -current Owner of either of the Lots covered hereby shall have the exclusive
right to control the details of its operations and activities on its applicable Lot and shall be solely responsible
for the acts and omissions of its employees, representative, agents, servants, officers, contractors, and
subcontractors with regard to such applicable Lot. The doctrine of respondeat superior shall not apply as
between the City and its officers, representatives, agents, servants and employees, and any then -current
Owner and its employees, representative, agents, servants, officers, contractors, and subcontractors.
Nothing herein shall be construed as the creation of a partnership or joint enterprise between the parties. It
is further understood that the City shall in no way be considered a co -employer or a joint employer of any
AGREEMENT FOR PRIVATE LIFT STATIONS Page 3 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
Owner or any employees, representative, agents, servants, officers, contractors, subcontractors, and
volunteers of any Owner. No Owner nor any of its officers, agents, servants, employees, contactors or
subcontractors shall be entitled to any employment benefits from the City. The then -current Owner of
either Lot shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its employees, representatives, agents, servants, officers, contractors, subcontractors, and
volunteers.
SECTION 9
AMENDMENTS, CAPTIONS, AND INTERPRETATION
9.1 Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon execution of a written amendment to this
Agreement executed by the parties, and filed with the City Secretary's Office.
9.2 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
9.3 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or
against any party, regardless of the actual drafter of this Agreement.
SECTION 10
GOVERNMENTAL POWERS AND IMMUNITIES
It is understood that by execution of this Agreement, the City does not waive or surrender any of
its governmental powers or immunities, except as provided by law, including, but not limited to, Texas
Local Government Code § 271.152.
SECTION 11
AUTHORIZATION, COUNTERPARTS, AND ELECTRONIC SIGNATURES
11.1 By executing this Agreement, Owner and its agents affirm that they are authorized to
execute this Agreement and that all representations made herein with regard to their identity, address, and
legal status are true and correct.
11.2 This Agreement may be executed in several counterparts, each of which will be deemed
an original, but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 12
SEVERABILITY AND NO WAIVER
12.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice any party in
connection with the right and obligations contained in the valid covenants, conditions or provisions of this
Agreement.
12.2 The failure of any party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's right to
AGREEMENT FOR PRIVATE LIFT STATIONS Page 4 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 13
SOLE AGREEMENT
This Agreement, including any exhibits attached hereto and any documents incorporated herein,
contains the entire understanding and agreement between the parties, and any lawful assign and successor
of a party, as to the matters contained herein. Any prior or contemporaneous oral or written agreement
is hereby declared null and void to the extent in conflict with any provision of this Agreement.
SECTION 14
REVIEW OF COUNSEL
Each party, and if they so choose, their attorneys, have had the opportunity to review and
comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall
be construed solely on the basis of the language contained therein, regardless of who authored such
language.
(SIGNATURES ON FOLLOWING PAGES)
AGREEMENT FOR PRIVATE LIFT STATIONS Page 5 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
IN WITNESS WHEREOF, the parties have executed this to be effective on the date signed
by the City's Assistant City Manager.
CITY OF FORT WORTH
Dam h(DecDana Burghdof, 20240$:53 CST)
Dana Burghdoff
Assistant C1 Ma13, nager
Date:
Recommended:
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Dalton Harrelljoec 10, 202419:24 CST)
D.J. Harrell
Director Development Services Department
APPROVED AS TO FORM AND LEGALITY:
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Richard McCracken (Dec 10, 202409:46 CST)
Richard A. McCracken
Sr. Assistant City Attorney
ATTEST:
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Jannette Goodall
City Secretary
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Date: NA
Form 1295: NA
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OWNER
Crooked Creek Run, LLC,
a Texas limited liability company
By: HIP, LLC,
a Texas limited liability company
it's member
S. Kent Hope
Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT FOR PRIVATE LIFT STATIONS Page 6 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including all performance and
reporting requirements.
Cannon R. Henry, P.E.
Assistant Director, Development Services
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on 13th, December, 2024 by Dana Burghdoff,
Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth.
.—dd, 11 I-I:11,�0141CSII
Notary Public, State of Texas
STATE OF TEXAS § o�PRV PGe/ WENDY L BEARDSLEE
\w►J+L-j�P6] z o Notary Public
LTilly' + * STATE OF TEXAS
COUNTY OF-C.8 ' N9P Notary I.D. 13323719-3
My Comm. Exp. July 28, 2025
. . . . . . . . . . . . . .
This instrument was acknowledged before me on Cf t`(1�(� N0�`1 by S. Kent Hope as a
Manager of HIP, LLC, a Texas limited liability company, as the sole Managing Member of Crooked
Creek Run, LLC, a Texas limited liability company, be al of such limited liability company.
Notary Public, State of Texas
B. COLEMAN
1•'4 My Notary ID # 132222405
`;Z e ; f i'` Expires October 23, 2027
,--5
AGREEMENT FOR PRIVATE LIFT STATIONS Page 7 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
Date Received:
City Secretary Number:
Time Received:
EXHIBIT A
SANITARY SEWER MAINTENANCE AGREEMENT
This SANITARY SEWER MAINTENANCE AGREEMENT ("Agreement"), is made and
entered into by and between, _, a , hereinafter referred to as "Landowner", and the City of
Fort Worth, a home -rule municipal corporation of the state of Texas, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property being a tract of land located
, being all of Lot . an addition to the City of Fort Worth, _ County, Texas,
according to the plat recorded in instrument number __, Official Public Records, __ County, Texas
(O.P.R.T.C.T.)., as more particularly described in Exhibit "A" which is attached hereto and incorporated
herein by reference (the "Property");
WHEREAS, the Landowner intends to develop the Property as depicted on the site plan attached
hereto as Exhibit "B" and incorporated herein by reference (the "Site Plan") and as part of such
development, the Landowner shall construct, manage, and maintain a private sanitary sewer lift station (the
"Facility") located on the property; and
WHEREAS, the City requires that the Facility, as shown on the Site Plan, be constructed and
maintained by the Landowner, its successors and assigns, the location and dimensions of which shown on
the Site Plan (the "Facility Property")
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained
herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and maintain the Facility
at no expense to the City of Fort Worth, in accordance with the current standards then in force
and effect in the City of Fort Worth. Landowner shall ensure that the Facility is constructed in
accordance with all requirements of the Texas Commission on Environmental Quality,
including, Title 30 Texas Administrative Code Chapter 217. The Facility shall include all
pipes, pumps, wiring, structures, and improvements related to the operation of a sanitary sewer
Memorandum of Understanding Page 8 of 14
Private Lift Stations
(Owner)
lift station. Adequate maintenance shall mean good working condition so that the Facility is
performing its intended functions.
2. Landowner shall provide the City will as -built drawings of the lift station. Landowner shall
provide a shut-off valve on the private force main at the property line. Landowner shall install
odor control facilities on the Facility. Landowner and its successor and assigns shall install
and maintain signage on the intruder -resistant fence installed around the lift station Facility that
contains the contact information, including telephone number, for the party responsible for
responding to emergencies. Landowner and its successors and assigns shall provide the City
with and notify the City of all changes to the name and contact number for who the City should
contact regarding the operation, maintenance, and emergencies regarding the Facility.
3. The Landowner, its successors and assigns, shall require a third party to inspect the Facility on
an annual basis and submit an inspection report to the Landowner to keep on file for a minimum
period of three years. The purpose of the inspections are to assure safe and proper functioning
of the Facility. Components of the Facility which need maintenance or replacement to perform
their design function shall be noted in the inspection report along with the corrective actions to
be taken, if any.
4. The Landowner, its successors and assigns, hereby grant permission to the City, and the City's
authorized agents and employees, to enter upon the Property and the Facility Property and to
inspect the Facility whenever the City deems necessary, and in any event upon 24 hours' prior
written notice to the Landowner. The purpose of inspection is to follow-up on reported
deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its
successors and assigns, with copies of the inspection findings and a directive to commence
with the repairs if necessary, whether mutually agreed upon by the City and the Landowner or
not.
5. In the event the Landowner, its successors and assigns, fail to maintain the Facility in good
working condition reasonably acceptable to the City and such failure continues for a period of
thirty (30) days after receipt of written notice from the City, the City's authorized agents and
employees may enter upon the Facility Property and take reasonable steps to correct
deficiencies identified in the inspection report and to charge the costs of such repairs to the
Landowner, its successors and assigns. It is expressly understood and agreed that the City
AGREEMENT FOR PRIVATE LIFT STATIONS Page 9 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
is under no obligation to routinely maintain or repair said Facility, and in no event shall
this Agreement be construed to impose any such obligation on the City, such obligation
is an obligation of Landowner and its successors and assigns.
6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility
in good working order as appropriate. In the event the City pursuant to this Agreement,
performs work of any nature, or expends any funds in performance of said work for labor, use
of equipment, supplies, or materials, the Landowner and its successors and assigns, shall
reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder and the City shall provide reasonable supporting documentation
of such costs with such invoice. In the event that Landowner or its successors or assigns fail to
pay the City for the costs incurred within such thirty (30) day period, the City may file a lien
upon the Property in the amount of the cost of such work. Such lien shall be perfected by filing
in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property
to be charged with such lien, stating the amount thereof, and making reference to this
Agreement.
7. This Agreement imposes no liability of any kind whatsoever on the City. LANDOWNER
AND IT SUCCESSORS AND ASSIGNS AGREE TO HOLD THE CITY HARMLESS
FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE
PROPERLY. LANDOWNER AND ITS SUCCESSORS AND ASSIGNS COVENANT
AND AGREE AND DO HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES
FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR
CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE,
FROM THE FAILURE OF LANDOWNER OR ITS SUCCESSOR AND ASSIGNS TO
ADEQUATELY MAINTAIN THE FACILITY IN ACCORDANCE WITH THE
TERMS OF THIS AGREEMENT.
8. This Agreement shall be recorded among the land records of County, Texas, shall constitute a
covenant running with the land, and shall be binding on the Landowner, its administrators,
executors, assigns, heirs and any other successors in interest.
AGREEMENT FOR PRIVATE LIFT STATIONS Page 10 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
Executed this day of 20
CITY OF FORT WORTH LANDOWNER
Dana Burghdoff
Assistant City Manager
Date:
Recommended By:
Approved as to Form and Legality:
Richard A. McCracken
Sr. Assistant City Attorney
ATTEST:
Jannette S. Goodall
City Secretary
Contract Compliance Manager:
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.
Rebecca Owen
Date:
AGREEMENT FOR PRIVATE LIFT STATIONS Page 11 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
CITY OF FORT WORTH
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by Dana Burghdoff,
Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth.
Notary Public, State of Texas
LANDOWNER
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared (name),
(title), known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, as the act and deed
of (entity), a
(entity type) and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 20
Notary Public, State of
AGREEMENT FOR PRIVATE LIFT STATIONS Page 12 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
I
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
AGREEMENT FOR PRIVATE LIFT STATIONS Page 13 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
AGREEMENT FOR PRIVATE LIFT STATIONS Page 14 of 14
BETWEEN THE CITY OF FORT WORTH
AND CROOKED CREEK RUN, LLC