The URL can be used to link to this page

Home My WebLink AboutContract 62962Date and Time Received: 03/14/2025 City Secretary No.: 62962 SEWER LINE ABANDONMENT AGREEMENT THIS 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 FW I-35 LOGISTICS 2, LLC ("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 11800 South Freeway, 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-10605 (M-477*) (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, CFA24- 0146, IPRC24-0093 ("CFA") which details the work to be performed by the Developer to abandon, drain, cut, cap and grout fill or remove the Sewer Lines at the proposed manholes as detailed in the IPRC plans 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 the CFA, 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 can not 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 abandon, drain, cut, cap and grout fill or remove the Sewer Lines at the proposed manholes per IPRC24-0093 plans to prevent infiltration into the City's adjacent active sewer system; and WHEREAS, the depreciated value of the Sewer Lines is the amount of $28,492.58 ("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes, collection of which is offset by Developer's construction of the alternative sewer line contemplated by the CFA; OFFICIAL RECORD IH-35W Global Logistics Phase 2 page 1 of 9 Sewer Line Abandonment Agreement CITY SECRETARY Rev. 9/2024 FT. WORTH, TX 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 sewer line as contemplated herein. 2. 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 CFA 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." 791 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 Lines are abandoned, the Developer shall have exclusive control over the Sewer Lines and shall drain, cut, cap and grout fill or remove the Sewer Lines at the proposed manholes per the limits indicated in the IPRC24-0093 construction plans to prevent infiltration into the City's adjacent active sewer system. 5. Except as otherwise herein provided, all construction, abandonment and removal of the Sewer Lines shall be performed in strict compliance with this Agreement and the City's Charter, policies, ordinances, and Code. in Developer agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction to abandon, drain, cut, cap and grout fill or remove the Sewer Lines as detailed in the IPRC plans to prevent infiltration into the City's adjacent active sewer system. IH-35W Global Logistics Phase 2 Page 2 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 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 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. 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 Sewer 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 CFA, Developer will construct a new sewer line in an alternative location to replace the Sewer Line that is being abandoned and reconnect any remaining customers. [Signatures Follow:] IH-35W Global Logistics Phase 2 Page 3 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 By: cv Jesica McEachern Assistant City Manager Date: 03/13/2025 Recommended Christanher larder By: Christopher Harder (Mar 11, 202516:00 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Mar 11, 202514:26 CDT) Douglas W Black Sr. Assistant City Attorney �O� FORl��d �o ATTEST: o � ..��=2nz. �d4u aEXA5o4a By 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. By: Suby Varughese, P.E. Engineering Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX IH-35W Global Logistics Phase 2 Page 4 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on k f-fi . l 13, 2025, 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. r, JENNIFER LOUISE EZERNA K -* = yo blic in d for the State of TEXAS Notary Public, State of TexasComm. Expires 03-04-202s fission e tress -LA Notary ID 130561630 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 IH-35W Global Logistics Phase 2 Page 5 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 FW I-35 LOGISTICS 2, LLC, a Texas limited liability company By: FW I-35 Logistics 2 Investments, LLC, a Delaware limited liability company, its Sole Member By: Ascendant Investor — FW I-35 Logistics 2, LLC, a Texas limited liability company its Administrative Member By: Nam' n D. Bradford Title: Manager STATE OF TEXAS § _ +7''=. SUSAN PETERSON My Notary 1D # 1=28680 w, COUNTY OF TARRANT § ' giB March S. 2027 This instrument was acknowledged before me on-,.. 7 .2025, by Steven D. Bradford, a Manager of the FW I-35 LOGISTICS 2, LLC. Notary Public in and for State of TEXAS My commission expires: Lp , go 02^7 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 IH-35W Global Logistics Phase 2 Page 6 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 2 & 3, Block `A', IH35W GLOBAL LOGISTICS, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded as Document Number D223081147, Plat Records of Tarrant County, Texas. IH-35W Global Logistics Phase 2 Page 7 of 9 Sewer Line Abandonment Agreement Rev. 9/2024 v Sewer Line Abandonment End A ��;� 01:- CD Point at Proposed Manhole d� -t 12001 4140E 400 15" PVC Sewer Line toCD u J y ,n be Abandoned ttrY'c-' .j P' o - d S5.i5-PVC ' 41& 404, °e' 11800 � UCD 30D' x 4 �417� a09 . New 15" PVC Sewer 0 A @ 121 12132 ' I 122" ::: Line Proposed ry ss-fly CD N 2i52 �r1 , Alignment (RED) e'Y� SSA P�:� CD I 2998 1201 25 12" PVC Sewer Line to 112f1LP 1 2 a2sial T as1 '1 be Abandoned '1 m CONCRETE CONCRETE CONCRETE CONCRETE .. U �4Us f OLD M MMY1107 y' C a`a423 t ii • q ej uwnq `+ 449 12300- 12212 12325�301. t - -498 3as r 1 12389 .. • e - +.tl •� 'r4i� 11,230 New 15" PVGSewer �2393.' � 12321 Sewer Line Abandonment Begin >. ° Line Proposed g :�36 Point at Proposed Manhole Y , 123sq ..ems..,. . �E Alignment (RED) c Lesememe 'tio420"325'3 1223E, f,! rn TwE 8 7 16" n�� .y 1 s.- PVC IV Oc- P,:Y.0.. G6 D'~ y '��`� w E RF14 I 1 GH --+ a _ rnN_srngn RRC.%P ELIHES eeel a.- 3l5l2025 IH-35W Global Logistics Phase 2 FORTWORTH" South Freeway CD WATER warrx OC 0 Existing Public Water &Sewer Lines 0 70 140 280 0 421, 56�p�, o N14) EXHIBIT "C" Depreciated Value of Sewer Lines 12" PVC Sewer Lines and 1 EA. 4' Manholes: 1,138 LF - 12" PVC Sewer Main Number: M-477* 2 Each — 4' Manhole, GIS 58820 Plans File Number: X-10605 GIS # 115064 & 115741 Install Date: February 22, 1990 15" PVC Sewer Lines and 1 EA. 4' Manholes: 319 LF - 15" PVC Sewer Main Number: M-477* Plans File Number: X-10605 GIS # 115332 Install Date: February 22, 1990 Total Net Book Value as of March 6, 2024: $28,492.58 Note: The Sewer Lines indicated above, have a net book value of $28,492.58, The Developer will be installing New Public 15" PVC Sewer Lines that will be constructed under IPRC24-0012 and replacing the Existing Sewer Lines that are planned to be Abandoned. Since the Sewer Lines will be replaced by New Public 15" PVC Sewer Lines, the remaining net book value of $28,492.58 is waived. Once the New Public 15" PVC Sewer Lines are installed, they will become the City's Capital Asset. IH-35W Global Logistics Phase 2 Page 9 of 9 Sewer Line Abandonment Agreement Rev. 9/2024