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Home My WebLink About064928 - Construction-Related - Contract - FW I-35 Logistics 2, LLCDate and Time Received: 03/25/2026 City Secretary No.: 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; M-35W Global Logistics Phase 2 Sewer Line Abandonment Agreement OFFICIAL RECORD page 1 of 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." 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 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. 6. 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: L� n Jesica McEachern Assistant City Manager Date: 03/18/2026 Recommended ClheY ttadeg By. ChbW-H .(PA. fl. 20261549:11 COT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Mar 11. 2026 13:34:40 CDT) Douglas W Black Sr. Assistant City Attorney ooauu � C� FORt�ad pro o-id ATTEST:° 000 0 0* A o� A .�» d44 nEXP`oop By: 4 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. sub d ,Oc By: � Suby Varughese, P.E. Engineering Manager IH-35W Global Logistics Phase 2 Sewer Line Abandonment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 9 Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on _March 18 , 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. Jennifer Louise Digitally signed by Jennifer o1EFYOUAI 7ENNIFERLOUISEEZERNACK Louise Ezernack ao ELECTRONIC NOTARY PUBLIC Ezernack Date: 2026.03.24 14:41:07 -05'00' * t STATE OF TEXAS COMMISSION F 130561630Notary Public in and for the State of TEXAS MY COMMISSION EXPIRESRES t�MARCH 4, 2028 My commission expires: March 4, 2028 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: Sold Name.- § men D. Bradford Title: Manager r STATE OF TEXAS § # � �� SUSM PUERSON My Notary 1D # 148028690 COUNTY OF TARRANT §,�k,�r. E*s Maw 6, 2027 This instrument was acknowledged before me on '7 , 2025, by Steven D. Bradford, a Manager of the FW I-35 LOGISTICS 2, LLC. a hXX % Notary Public in and for th State of TEXAS My commission expires: 4, , g o a-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, IH35 W GLOBAL LOGISTICS, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded as Document Number D225064815, Plat Records of Tarrant County, Texas. Signature: (2,L o" CrEha, Chavez (Mar 25. 2026 0747.08 CDT) 11 Email: cristian.chavez@fortworthtexas.gov IH-35W Global Logistics Phase 2 Sewer Line Abandonment Agreement Signature: Sm� Email: allison.tidwell@fortworthtexas.gov Page 7 of 9 Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: FW 1-35 Logistics 2, LLC Subject of the Agreement: Sewer Line Abandonment Agreement M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑✓ No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: date filed by CSO If different from the approval date. Expiration Date: none If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. CFA24-0146/IPRC24-0093 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ 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.