Loading...
HomeMy WebLinkAbout065768 - Construction-Related - Contract - PB&J Crowley, LLCDate and Time Received: 9/1/2026 City Secretary No.: SEWER LINE PRIVATIZATION AGREEMENT 65768 This SEWER LINE PRIVATIZATION 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 PB&J CROWLEY, LLC ("Owner"), a Texas limited liability company acting by and through its duly authorized representative. RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Crowley, Tarrant County, Texas, located at 1601 Highway 1187, Crowley, TX ("Property") more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the City owns and maintains public Sewer facilities known as X-25940 (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 Plumbing Permits PP26-14422 which details the work to be performed by Developer to privatize the Sewer Lines which will be undertaken to isolate the Sewer Lines from the City's Sewer system; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City privatize the Sewer Lines; and WHEREAS, the City has reviewed the Developer's request and has determined that the Lines will serve at least one customer and will not serve any customers beyond the boundaries of the Property; and WHEREAS, once privatized, Developer shall have exclusive control over the Sewer Line and shall use all reasonable care to maintain and operate the line to provide service to the Customer per the limits shown in Exhibit "B" and to prevent infiltration into the City's adjacent active Sewer system; and WHEREAS, to avoid a gift of public funds through the privatization of the Sewer Line, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Sewer Line in the amount of $12,744.31 ("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes; and NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows OFFICIAL RECORD CITY SECRETARY 1601 Highway 1187 Page 1 of 8 FT. WORTH, TX Sewer Line Privatization Agreement Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby privatize the Sewer Lines from the points designated for each on Exhibit "B" but only to the limits shown thereon in accordance with this Agreement. The Developer shall have exclusive control over the Sewer Line per the limits shown in Exhibit "B". 2. 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. 3. Developer agrees that once the Lines are privatized, the Developer shall have exclusive control over the Sewer Lines and is installing a manhole with stub -out that will delineate the public line end point and the private line starting point as designed per the Plumbing Permits PP26-14422 to prevent infiltration into the City's adjacent active Sewer system. 4. Except as otherwise herein provided, all construction and privatization of the Sewer Lines shall be performed in strict compliance with this Agreement and the City's Charter, policies, ordinances, and Code. 5. Developer agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction to privatize the Sewer Lines and to prevent infiltration into the City's adjacent active Sewer system. 6. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to Developer ownership and full responsibility for the privatization 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 Line privatization limits nor is it meant to convey any right to use or occupy property in which a third party may have an interest. 1601 Highway 1187 Page 2 of 8 Sewer Line Privatization Agreement Rev. 9/2024 7. 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. 8. 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. 9. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] 1601 Highway 1187 Page 3 of 8 Sewer Line Privatization 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 Owner: PB&J CRDWLEY, LLC a Texas limited liability company By: 0� By: Jesica McEachern Name: Bill Makens Assistant City Manager Title: Managing Partner Date: 08/31/2026 Recommended ChI-1Jto,9h2fr- 1fG el - By: Christopher Hader (Aug 27, 2026 0814:26 CDT) Chris Harder, P,E. Water Department Director Approved As To Form and Legality By: Douglas Black (Aug 26, 2026 12:20:18 CDT) Douglas W Black Sr, Assistant City Attorney ''� F�RToo9d0 0 Fo ° •+10 ATTEST: °ono �sd Qa*,wu is .. .u5> PQdQ pnnn--00 o By: Jannette S. Goodall City Secretary Contract Compliance Manager: Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 1601 Highway 1187 Page 4 of 8 Sewer Line Privatization Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on August 31 , 2026, by Jesica McEachern, the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. . pRY P JENNIFER LOUISE EZERNACK ? 'P ELECTRONIC NOTARY PUBLIC * TATE ISSIOOFTEXAS COMMISSION is 130561630 MY COMMISSION EXPIRES MARCH 4, 2028 STATE OF TEXAS COUNTY OF TARRANT Jennifer Louise Ezernack Digitally signed by Jennifer Louise Ezernack Date: 2026.09.01 14:05:31 -0500' Notary Public in and for the State of TEXAS My commission expires: March 4, 2026 This instrument was acknowledged before me on_aUi2ucj- Qt} , 2026, by Bill Makens, Managing Partner of PB&J CROWLEY, LLC, a Texas limited liability company (entity type), and in the capacity therein stated. 1yti14!l1�} TERRf ROBERTSs I? $i Notary Public, State of Texas Notary Public in and for the State of TEXAS Comm. Expires 07-09-2029 My commission expires: (9 '] _ (� G'1 _ UZ_ '? Notary ID 8768354 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 1601 Highway 1187 Page 5 of 8 Sewer Line Privatization Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 19, Block B in Hampton Villas, an addition to the City of Crowley, Tarrant County, Texas, according to the Final Plat FP -1 8-111, recorded as Instrument Number D222131831 and according to the Special Warranty Deed recorded as Instrument Number D226161428 in Tarrant County Clerk Official Public Records of Tarrant County, Texas. • AAA�A AAA ICI III e 1601 Highway 1187 Page 6 of 8 Sewer Line Privatization Agreement Rev. 9/2024 EXHIBIT "B" Map of Sewer Line 1601 Highway 1187 Page 7 of 8 Sewer Line Privatization Agreement i c 0 U E G Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines 8" PVC Sewer Lines: 165 LF - 8" PVC Sewer Line Main Number S-19850 Plans File Number: X-25940 GIS ID # 1664645 Install Date: 11/11/2022 Net Book Value as of 8/01/2026: $ 8,009.00 4' STD Concrete Manhole: 1 EA — 4' Standard Concrete Manhole Main Number S-19850 Plans File Number: X-25940 GIS ID # 1664643 Install Date: 11/11/2022 Net Book Value as of 8/01/2026: $ 4,735.31 Total Net Book Value as of 8/01/2026: $ 12,744.31 II LU 41) II r .- II Cl) [t - El t[ 4 Q Yr Cr L y00 } h•{ I— n X II cc II iI II O L II LL U U7 C) Z +-I C3 — -r 0 Cl V N. N 4-11 r- n II •H} 4& it 11 11 a3 ca S 1� c[S L 1� L V I �.-r LL �✓ S k--- O C p LU I— I— -. O 3 (1) II LL C II .C II Cl N t- L 1I LU U II H I I LL II w CO II C] C'.) CV II CV N -C.. :C COCO 3 L d) ++ a m 3 L '-7 as C7 HID i- d H F-" si 3 CD 0 0 M1 ri ,- O 0© I Cri -.-I@ C3 . . .. .. .. .. .. .. .. a i-'I i1 i-' t- L N C CC 0 4- C U U) C a) 7 a7 •.. U) C G II II • - • • II II IC 1 0 m I N II N - II C@ O II 04- ,--t 1 Q Ca f 7 C6 CI3 I� T C 'I- CC O w II Q N II W -- ,I O (6 CO CL cc a ii LL U) 0 •r-'. J } U) 1-'' C) 0-.- L G II -- II 4-' J 3A =5�r d lJ '--I LL C) LU II -I , > CO(p II LU II I t F' 0. • • a) a) • • It IQ <L a U 4) '4 C! . C U) Y 4) I C5 CC its • • 4-- Z II (6 F-! 11 U> C7 II C Z N _.C (A E N- II 11 O Y Cl ai Cl 7. (D U) C) C +-I 3 I U LL CO CV C CD O II II) C7 II C) cZS T- [I O a) U) .C El C7 0. C U)L U .-CL U f +CC II H 11 1---- U (C) II •'' i�•r II C) mII r+ L) Cl 4-- [n II L0) Cn a Y- II Cl 114- I (J J II 1601 Highway 1187 Page 8 of 8 Sewer Line Privatization Agreement Rev. 9/2024 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: PB&J Crowley, LLC Subject of the Agreement: Sewer Line Privatization Agreement M&C Approved by the Council? * Yes ❑ No II 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 back page 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 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. P P26-14422 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No O Contracts need to be routed for CSO processing in the following order: 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.