HomeMy WebLinkAboutContract 49558-A1 CITY SECRETS v i
FIRST AMENDMENT TO CONTRACTNO.
FORT WORTH CITY SECRETARY CONTRACT NO. 49558
This Amendment is made between the City of Fort Worth ("Licensee"), a municipal corporation,
acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager and
American Airlines, Inc. ("Licensor"), acting herein through Timothy Skipworth, its duly
authorized Vice President Airport Affairs and Facilities.
WHEREAS, Licensee and Licensor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 49558 effective July 19, 2017 ("Agreement");
WHEREAS, Licensor identified some changes that needed to be made to the exhibits
attached to the Agreement, and
WHEREAS, it is the collective desire of both Licensee and Licensor to amend the
Agreement to replace the exhibits to document the correct encroachments.
NOW THEREFORE, KNOWN ALL BY THESE PRESENT:
Fort Worth City Secretary Contract No. 49558 is hereby amended to be effective on April 5,
2018 by:
1. Modifying"Exhibit"B" (Encroachments) of the Agreement as follows:
a. Delete Exhibit B 0.0 attached to the Agreement in its entirety and replace it with
Exhibit B 0.0 (same letters) attached to this Amendment.
b. Delete Exhibit B 2.0 attached to the Agreement in its entirety and replace it with
Exhibit B 2.0 (same letters) attached to this Amendment.
c. Delete Exhibit B 2.1 attached to the Agreement in its entirety and replace it with
Exhibit B 2.1 (same letters) attached to this Amendment.
d. Delete Exhibit B 2.2 attached to the Agreement in its entirety and replace it with
Exhibit B 2.2 (same letters) attached to this Amendment.
e. Delete Exhibit B 4.0 attached to the Agreement in its entirety and replace it with
Exhibit B 4.0 (same letters) attached to this Amendment.
f. Delete Exhibit B 4.1 attached to the Agreement in its entirety and replace it with
Exhibit B 4.1 (same letters) attached to this Amendment.
2. Modifying Exhibit "B" (Map of Encroachments) attached to "Exhibit "C" (Easement
Encroachment License Agreement) of the Agreement as follows:
g q 10 11 r2 a. Delete Exhibit B 0.0 attached to Exhibit C in its entirety and replace it with
'q2,• Exhibit B 0.0 (same letters) attached to this Amendment.
Delete Exhibit B 2.0 attached to Exhibit C in its entirety and replace it with
Exhibit B 2.0 (same letters) attached to this Amendment.
Delete Exhibit B 2.1 attached to Exhibit C in its entirety and replace it with
Exhibit B 2.1 (same letters) attached to this Amendment.
Delete Exhibit B 2.2 attached to Exhibit C in its entirety and replace it with
dy-, � Exhibit B 2.2 (same letters) attached to this Amen iment
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O"WU RICORD
First Amendment to Fort Worth City Secretary Contract No. 495581
��WOM9 TX 1 of 2
e. Delete Exhibit B 4.0 attached to Exhibit C in its entirety and replace it with
Exhibit B 4.0 (same letters) attached to this Amendment.
f. Delete Exhibit B 4.1 attached to Exhibit C in its entirety and replace it with
Exhibit B 4.1 (same letters) attached to this Amendment.
3. All other terms, provisions, conditions, covenants and recitals of said Agreement not
expressly amended herein shall remain in full force and effect.
APPROVED FOR APPROVED FOR
CITY OF FORT WORTH: AMERICAN AIRLINES, INC.:
By: By:
Jesus J. Chapa Timothy S ipworth
Assistant City Manager Vice President A' port Affairs and Facilities
Date:
Date:
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all perfonnance and reporting requirements.
ame of Employee
Title Ow— /��
APPROVED S TO FORM AND L ALITY:
By:
o N
Jessica San ang
Assistant Ci Attorney II
FORM 129 /A of FoRr�
ATTE T:
By: ' 2
Mar . K yser `*
City ecretary ..•
Contract Authorization: �XAS
M&C: N/A
OFFICIAL RECORD
CITY 8ECRUARY
IcT.WORTH,TX
First Amendment to Fort Worth City Secretary Contract No. 49558 Execution Copy 4/5/18
2 of 2
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Timothy Skipworth, Vice President Airport Affairs and Facilities,
known to me to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of American Airlines, Inc. and that he/she
executed the same as the act of said American Airlines, Inc. for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
SPS�1 1201.
r,.*�•� Brittany Carter
f$ Notary Public in a for the State of Texas
i '/) Alec or'Ievi•
Of Expires. 10-17-2018
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager of the City of
Fort Worth, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth and
that he/she executed the same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated. II
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 44tk- day of
201&.
I
`•' A``°�¢; MARIA S.SAN...(� CHD
Not ry Public in and for the St to of Texas
�/7�{�\ My Notary ID#225�F aF.£+'' Expires December 19
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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ENCROACHMENT ITEMS
ITEM DESCRIPTION
I DUCT BANK CROSSING PUBLIC 10"SEWER
2 DUCT BANK CROSSING PUBLIC 10"SEWER
2 3 3 STORM CROSSING PUBLIC 10"SEWER
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4 WATER UTILITY&DUCT BANK CROSSING PUBLIC
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DUNAWAYAMERICAN AIRLINES CAMPUS I soo i000
E SEWER EASEMENT
550 Bailey Avenue • Suite 400• Fort Waith,Texas 76107
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Tel:B17,1s.1121 ENCROACHMENTS
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CITY SECRETARY
CONTRACT N0.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
SEWER LINE FACILITY EXCLUSIVE LICENSE AGREEMENT
This License Agreement ("Agreement") is dated August 9, 2017, by and between
American Airlines, Inc. ("Licensor") and the City of Fort Worth ("Licensee"), each
individually referred to as a "Party" and together referred to as the "Parties."
WHEREAS, Licensor entered into a lease agreement (the "Lease") with Dallas/Fort
Worth International Airport Board (the "Airport Board"), the owner of the Licensed
Property (hereinafter defined), and Licensor must relocate Licensee's sewer line in
order to construct improvements;
WHEREAS, the easement for the existing sewer line was dedicated by separate
easement instrument (Volume 7283, Page 1803) and the new easement for the
relocated sewer line (the "New Easement") will be created by a separate easement
instrument to be executed by the Airport Board;
WHEREAS, the conveyance of the New Easement must be approved by the Airport
Board and both the Cities of Dallas and Fort Worth, which is very time consuming;
WHEREAS, the Parties have agreed to enter into this Agreement to allow Licensor to
begin construction of its improvements and anticipate the Airport Board's conveyance of
the New Easement at a later time;
WHEREAS, Licensor needs to cross the Licensee's Licensed Property (later to be
called the New Easement) in order to construct private storm drains, a private fire
service line, a private water service line, a private irrigation line, and concrete encased
electrical duct banks (collectively, the "Encroachments"); and
WHEREAS, Licensor asserts that it has authority under the Lease to grant this license
over the Licensed Property pursuant to this Agreement;
NOW THEREFORE, the Parties agree to the following terms and conditions to form the
basis of this Agreement:
1. CONSIDERATION: Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged.
Licensee shall not be obligated to pay any additional consideration for the
duration of this Agreement or for the New Easement ("Consideration").
6.1 s 9 rp LICENSED PROPERTY: Being 1.673 acres (72,881 square feet) of land
bt d ated in the William G. Matthews Survey, Abstract Number 1052, Tarrant
nty, Texas in the City of Fort Worth, being a portion of Lot 1, Block 3,
RECEIVED
AUG 2 d 2017
CI CITY SO RETATt ti
American Airlines Addition, an Addition to the City of Fort Worth according to the
plat recorded in Volume 388-133, Page 60, plat records of Tarrant County,
Texas, also being a portion of the tract of land described in the deed to Dallas-
Fort Worth Regional Airport Board recorded in Volume 6710, Page 520, deed
records of Tarrant County, Texas, said 1.673 acres more fully described by
metes and bounds in Exhibit "A" attached hereto and incorporated herein for all
pertinent purposes ("Licensed Property").
3. GRANT OF LICENSE: Licensor, for the Consideration paid to Licensor and other
good and valuable consideration, hereby grants, sells, and conveys to Licensee,
its successors and assigns, an exclusive license (the "License") for the
construction, operation, maintenance, replacement, upgrade, and repair of a
permanent sewer line facility ("Facility") within the Licensed Property. The
Facility includes all incidental underground and above ground attachments,
equipment and appurtenances, including, but not limited to manholes, manhole
vents, lateral line connections, valves, pipelines, junction boxes in, upon, under
and across the Licensed Property, together with the right and privilege at any and
all times to enter the Licensed Property, or any part thereof, for the purpose of
constructing, operating, maintaining, replacing, upgrading, and repairing said
Facility.
4. RESTRICTIONS ON LICENSOR'S USE: In no event shall Licensor (1) use the
Licensed Property in any manner which interferes in any material way or is
inconsistent with the rights granted hereunder, (II) place additional soils, fill or
cover over or across the Licensed Property which interferes in any material way
with Licensee's access to the Facility or otherwise endangers the Facility as
designed, or (III) erect or permit to be erected within the Licensed Property a
permanent structure or building, including, but not limited to, monument sign,
pole sign, billboard, brick or masonry fences or walls or other structures that
require a building permit. However, Licensor shall be permitted to install and
maintain concrete, asphalt or gravel driveways, roads, parking lots and/or
sidewalks across the Licensed Property. Licensor agrees that any landscape
within the Licensed Property will only have simple grass and will avoid swales
and trees. Licensee shall be obligated to restore the surface of the Licensed
Property at Licensee's sole cost and expense, including the restoration of any
sidewalks, driveways, or similar surface improvements located upon or adjacent
to the Licensed Property which may have been removed, relocated, altered,
damaged, or destroyed as a result of the Licensee's use of the Licensed Property
granted hereunder; provided, however, that Licensee shall not be obligated to
restore or replace irrigation systems or other improvements installed in violation
of the provisions and intended use of the Licensed Property. The Parties agree
that Licensor may encroach upon the Licensed Property (later to be called the
New Easement) upon the construction of the Encroachments as depicted in the
attached Exhibit "B" attached hereto and incorporated herein for all pertinent
purposes. Licensor shall construct the Encroachments in accordance with the
building specifications approved by Licensee. The Parties will execute an
Easement Encroachment License Agreement outlining legal obligations for the
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Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
Encroachments. A copy of the Easement Encroachment License Agreement is
attached as Exhibit "C" and is incorporated herein for all pertinent purposes.
5. WARRANTY: TO HAVE AND TO HOLD the License, subject however, to the
Lease, together with all and singular the rights and appurtenances thereto in
anyway belonging unto Licensee, and Licensee's successors and assigns for the
duration of this Agreement; and Licensor does hereby bind itself and its
successors and assigns to warrant and forever defend all and singular the
License unto Licensee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
6. TERM: This Agreement shall be effective July 19, 2017, and shall remain in full
force and effect until the sooner of 1) when the New Easement is approved and
is executed and delivered by the Airport Board; or 2) one (1) day prior to the
expiration of the Lease. The EASEMENT Encroachment License Agreement
referenced under Section 4 shall survive the conveyance of the New Easement
by the Airport Board.
7. FUTURE DEDICATION: Licensor agrees that it will coordinate with the Airport
Board as may be reasonably necessary to facilitate the approval, execution and
delivery of the New Easement.
8. INDEMNIFICATION:
a. LICENSOR SHALL AND DOES AGREE TO INDEMNIFY, PROTECT,
DEFEND AND HOLD HARMLESS LICENSEE, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY,
"INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, JUDGMENTS AND EXPENSES (INCLUDING COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY
NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE
BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR
DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE
OR OCCUPANCY OF THE LICENSED PROPERTY BY LICENSOR, ITS
EMPLOYEES, PATRONS, AGENTS, INVITEES, LESSEES AND ANY
OTHER PARTY OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF LICENSOR OR ANY INVITEE,
PATRON, LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR
CONTRACTOR OF LICENSOR, OR ANYONE LICENSOR CONTROLS
OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH,
VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF
LICENSOR UNDER THIS AGREEMENT (COLLECTIVELY,
"LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE
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Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
ATTRIBUTED TO THE CONCURRENT OR PARTIAL NEGLIGENCE OF
ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO
WHICH LICENSOR'S OBLIGATION TO INDEMNIFY THE
INDEMNITEES DOES NOT APPLY IS WITH RESPECT TO LIABILITIES
ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY
INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR
CLAIM, LICENSOR, ON NOTICE FROM LICENSEE, SHALL DEFEND
SUCH ACTION OR PROCEEDING, AT LICENSOR'S EXPENSE, BY OR
THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
LICENSEE. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY
TO ALL ACTIVITIES OF LICENSOR WITH RESPECT TO THE USE
AND OCCUPANCY OF THE LICENSED PROPERTY, WHETHER
OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF
THIS AGREEMENT AND BEFORE OR AFTER THE TERMINATION OF
THIS AGREEMENT. THIS INDEMNIFICATION SHALL NOT BE
LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE
UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS,
DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT
ACTS.
b. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW
OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR
ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER
THIS PARAGRAPH 8, SUCH LEGAL LIMITATIONS ARE MADE A
PART OF THE INDEMNIFICATION OBLIGATION AND SHALL
OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE
MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO
CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS,
AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL
CONTINUE IN FULL FORCE AND EFFECT.
9. WAIVER OF LIABILITY: NO INDEMNITEE SHALL BE LIABLE IN ANY
MANNER TO LICENSOR, ITS AGENTS, EMPLOYEES, PATRONS,
CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE
OF THE LICENSED PROPERTY BY ANY OF THEM, FOR ANY INJURY TO
OR DEATH OF PERSONS EXCEPT TO THE EXTENT THE SAME ARE
ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR NEGLIGENCE OF AN
INDEMNITEE. IN NO EVENT SHALL ANY INDEMNITEE BE LIABLE IN ANY
MANNER TO LICENSOR OR ANY OTHER PARTY TO THE EXTENT THE
SAME IS ATTRIBUTABLE TO THE ACTS OR OMISSIONS OF LICENSOR,
ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN
CONNECTION WITH THE USE OF THE LICENSED PROPERTY BY ANY OF
THEM.
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Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
0
10. MISCELLANEOUS PROVISIONS:
a. Number and Gender: Words of any gender used in this Agreement shall
be held and construed to include any other gender; and words in the
singular shall include the plural and vice versa, unless the text clearly
requires otherwise.
b. Mechanic's Liens Not Permitted: Licensor will promptly remove or bond-off
any mechanic's or materialmen's liens of any nature affixed against the
Licensed Property.
c. Termination: This Agreement may be terminated by written agreement of
both Parties. This Agreement shall terminate automatically upon the
approval, execution and delivery of the New Easement, and although not
necessary, if requested by Licensor, Licensee will execute a termination
and release of this Agreement in recordable form. Termination of this
Agreement does not terminate the EASEMENT Encroachment License
Agreement.
d. Successors and Assigns: This Agreement shall run with the Leased
Premises and shall be binding on the respective Parties successors and
assigns.
e. Notice: Notices required pursuant to the provisions of this Agreement shall
be conclusively determined to have been delivered when (1) hand-
delivered to the other Party, its agents, employees, servants or
representatives, or (2) received by the other Party by United States Mail,
registered, return receipt requested, addressed as follows:
i. To Licensor:
American Airlines, Inc.
4333 Amon Carter Boulevard
MD 5317
Fort Worth, Texas 76155
Attention: Vice President Airport Affairs and Facilities
With a copy to:
American Airlines, Inc.
4333 Amon Carter Boulevard
MD 5675
Fort Worth, Texas 76155
Attention: General Counsel
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Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
H. To Licensee:
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Assistant City Manager (Property Management)
With a copy to the City Attorney at the same address.
f. No Partnership Formed: Neither Licensor nor Licensee has become a
partner of the other in the conduct of their business or otherwise, or a joint
venture or a member of a joint enterprise with the other, by virtue of this
Agreement.
g. Severability: If any clause or provision of this Agreement is or becomes
illegal, invalid or unenforceable because of present or future laws or any
rule or regulation of any governmental body or entity, effective during the
term of the Agreement, the intention of the Parties hereto is that the
remaining parts of this Agreement shall not be affected thereby unless
such invalidity is, in the sole determination of the Licensee, essential to
the rights of both Parties, in which event Licensee has the right, but not
the obligation, to terminate the Agreement upon written notice to Licensor.
h. Audit: Pursuant to Chapter 2, Article IV, Division 3, Section 2-134,
Administration, Powers and Duties of the Department of Internal Audit, of
the Code of Ordinances of the City of Fort Worth, Licensor agrees that
Licensee shall, until the expiration of three (3) years after termination or
expiration of this Agreement, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and
records of Licensor involving transactions relating to this Agreement at no
additional cost to the Licensee. Licensor agrees that the Licensee shall
have access during normal working hours to all necessary Licensor
facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section.
The Licensee shall give Licensor not less than ten (10) days' written notice
of any intended audits.
i. Entire Agreement: This Agreement constitutes the entire agreement
between Licensor and Licensee relating to the use of the Licensed
Property and no prior written or oral covenants or representations relating
thereto not set forth herein shall be binding on either Party hereto.
j. Amendment: This Agreement may not be amended, modified, extended,
or supplemented except by written instrument executed by both Licensor
and Licensee.
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Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
k. Counterparts: This Agreement may be executed in several counterparts,
each of which shall be deemed an original, but all of which shall constitute
but one and the same document.
I. Filing in Deed Records: Licensor shall file this Agreement in the deed
records of Tarrant County within fifteen (15) days of its execution.
m. Governing Law and Venue: 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, is brought on the basis 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.
n. Review of Counsel: The Parties acknowledge that each Party and its
counsel have reviewed this Agreement and that the normal rules of
construction to the effect that any ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this
Agreement or exhibits hereto.
o. No Waiver: The failure of the Licensor or Licensee to insist upon the
performance of any term or provision of this Agreement or to exercise any
right granted herein shall not constitute a waiver of the Licensor's or
Licensee's respective right to insist upon appropriate performance or to
assert any such right on any future occasion.
p. Governmental Powers: It is understood and agreed that by execution of
this Agreement, Licensee does not waive or surrender any of its
governmental powers.
q. Headings Not Controlling: Headings and titles used in this Agreement are
for reference purposes only and shall not be deemed a part of this
Agreement.
r. Signature Authority: The person signing this Agreement hereby warrants
that he/she has the legal authority to execute this Agreement on behalf of
the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
7of9
Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
AGREED:
LICENSOR: AMERICAN AIRLINES, INC. LICENSEE: CITY OF FORT WORTH
_ J J
Timothy kipworth Jesus J. Chapa
Vice President Airport Affairs and Facilities Assistant City Manager
APPRQVED AS FORM AND LEGALITY
Jessica angsvan , A ist nt 'ty Attorney
F FORT ATTES .
0
0
By:
V' Z Ma ays r
* * City Secreta
No M&C Required
Form 1295 Certification No. N/A
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.
J
Name:
Title: r6y' O Y4-k Gt r rae--1
8 of 9
Permanent Sewer Line Facility License Agreement(CFW &American Airlines, Inc.)
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Timothy Skipworth, Vice President Airport Affairs and Facilities,
known to me to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of American Airlines, Inc. and that he/she
executed the same as the act of said American Airlines, Inc. for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20n.
V OF
- --
Brittany Carter Notary Public in anifor the State of Texas
\ular1 Public.
\ ♦Wtv 11(1�1a
` F Expires: 1017-20113
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager of the City of
Fort Worth, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth and
that he/she executed the same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z.ALL day of
20i
c
-- �-
N6tqy Public in and for the State of Te as
b , MARIA S SANCHEZ
" My Commission Expires
s.
December 19,2017
„F OF
9of9
Permanent Sewer Line Facility License Agreement(CFW&American Airlines, Inc.)
Exhibit "A"
Licensed Property
[Attached]
METES AND BOUNDS DESCRIPTION
BEING A 1.673 ACRE TRACT OF LAND SITUATED IN THE WILLIAM G. MATTHEWS SURVEY, ABSTRACT NUMBER 1052,
TARRANT COUNTY, TEXAS IN THE CITY OF FORT WORTH, BEING A PORTION OF LOT 1, BLOCK 3, AMERICAN
AIRLINES ADDITION, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT RECORDED IN VOLUME
388-133, PAGE 60, PLAT RECORDS OF TARRANT COUNTY, TEXAS, ALSO BEING A PORTION OF THE TRACT OF
LAND DESCRIBED IN THE DEED TO DALLAS—FORT WORTH REGIONAL AIRPORT BOARD RECORDED IN VOLUME 6710,
PAGE 520, DEED RECORDS OF TARRANT COUNTY, TEXAS, SAID 1.673 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH A CAP STAMPED "DUNAWAY ASSOC LP" SET IN THE EAST
RIGHT—OF—WAY LINE OF AMERICAN BOULEVARD (A VARIABLE WIDTH RIGHT—OF—WAY) FROM WHICH A FOUND
ALUMINUM DISK STAMPED "DFW INT AIRPORT" BEARS SOUTH 00' 02' 06" WEST A DISTANCE OF 197.95 FEET;
THENCE WITH THE EAST RIGHT—OF—WAY LINE OF AMERICAN BOULEVARD NORTH 00' 02' 06" EAST A DISTANCE
OF 47.72 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED "DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE DEPARTING THE EAST RIGHT—OF—WAY UNE OF AMERICAN BOULEVARD NORTH 88' 34' 53" EAST A
DISTANCE OF 458.94 FEET TO A POINT;
THENCE SOUTH 01' 02' 12" EAST A DISTANCE OF 231.43 FEET TO A POINT;
THENCE SOUTH 81' 15' 00" EAST A DISTANCE OF 176.82 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
"DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE SOUTH 04' 09' 47' EAST A DISTANCE OF 134.84 FEET TO A POINT;
THENCE SOUTH 26' 14' 38" EAST A DISTANCE OF 263.97 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
"DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE NORTH 77' 13' 26" EAST A DISTANCE OF 155.43 FEET TO A POINT;
THENCE SOUTH 89' 27' 29" EAST A DISTANCE OF 323.13 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
"DUNAWAY ASSOC LP" SET IN THE EAST LINE OF SAID LOT 1, BLOCK 3 FROM WHICH A FOUND 2—INCH IRON
PIPE FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 3 BEARS NORTH DO' OO' 25" WEST A DISTANCE OF
647.54 FEET;
THENCE WITH THE EAST LINE OF SAID LOT 1, BLOCK 3 SOUTH 00. 00' 25 EAST A DISTANCE OF 211.25 FEET TO
A PONT;
`< THENCE DEPARTING THE EAST LINE OF SAID LOT 1, BLOCK 3 SOUTH 89' 59' 35" WEST A DISTANCE OF 20.00
FEET TO A POINT;
THENCE NORTH 00' 00' 25" WEST A DISTANCE OF 181.44 FEET TO A POINT;
s THENCE NORTH 89' 27' 29" WEST A DISTANCE OF 299.92 FEET TO A POINT;
8 THENCE SOUTH 77' 13' 26" WEST A DISTANCE OF 196.16 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
8 "DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE NORTH 26' 14' 38" WEST A DISTANCE OF 292.60 FEET TO A POINT;
THENCE NORTH 04' 09' 47" WEST A DISTANCE OF 125.28 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
c�
"DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE NORTH 81' 15' 00" WEST A DISTANCE OF 162.75 FEET TO A POINT;
W
THENCE NORTH 01' 02' 12" WEST A DISTANCE OF 207.63 FEET TO A POINT;
a
n THENCE SOUTH 88' 37' 03" WEST A DISTANCE OF 424.83 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 1.673 ACRES (72,881 SQUARE FEET) OF LAND.
R 8001666.008 PAGE 1 OF 2
An exhibit of even date accompanies OF
this metes and bounds description. �4� ,c`% SANITARY SEWER
`8 �O•'.' EASEMENT
MARCH 29,2017 •••i•"o"u""•••""••o e"•
3 GREGORY S. IFFLAND 1.673 ACRES 72,881 SQUARE FEET
of4Z .."t.."...."."•"."!.". LOCATED IN
DUNAWAY/ r 4S51�P�:� LOT 1, BLOCK 3
,%-- ••�ss:�•• � AMERICAN AIRLINES ADDITION,
sso 6oAey Avenue• l.,81 I33•Fort Worth,Texas 76107 V S TARRANT COUNTY,TEXAS
Tel:817335.1121
o FIRM REG 7RA110N 10098100
O
a
DFW REGIONAL U.S.A. U.S.A.
VOLUME
AIRPORT BOARD VOLUME 5531
SOUTH TRACT PAGE 86 PAGE 341
VOLUME 6653 FOUND 2'
598
PAGE 870 IRON PIPE
FOUND 2"
L2
IRON PIPE
=� LOT 1, BLOCK 3 (CONTROL
POINT OF L18 M AMERICAN AIRLINES ADDITION MONUMENT)
BEGINNING 01 VOLUME 388-133, PAGE 60
SET 5/8-INCH J J L4 DALLAS-FORT WORTH
CAPPED IRON REGIONAL AIRPORT BOARD 0 300'
DISK STAMPED L16 �
ROD STAMPED FOUND ALUMINUM VOLUME 6710, PAGE 520
•
DUNAWAY DFW INT AIRPORT" � SCME FM
ASSOC LP (CONTROL MONUMENT) J t 300'
L8 DALLAS-FORT WORTH
m r► U REGIONAL AIRPORT BOARD
Z 1.673 ACRES L12 PLOT B
72.881 SQUARE FEET L13 o, VOLUME 6653, PAGE 853
JFOUND
J
DSK STAMPED ALUMINUM �NQ.1�5Z L10
Q DFW INT AIRPORT' 1
(CONTROL MONUMENT) i'" LOT 1, BLOCK 2
AMERICAN AIRLINES ADDITION
Line Table Line Table VOLUME 388-133. PAGE 60
DALLAS-FORT WORTH
Line Bearing Distance Line Bearing Distance REGIONAL AIRPORT BOARD
Number Number NORTH TRACT
�
L1 N00'02'06"E 47.72' L11 N00'00'25"W 181.44'
VOLUME 6653, PAGE 856
_ L2 N88'34'53"E 458.94' L12 N89'27'29"W 299.92'
L3 SO 1"02'12"E 231.43' L13 S77'13'26"W 196.16'
8
L4 S81'15'00"E 176.82' L14 N26'14'38"W 292.60'
L5 SO4'09'47"E 134.84' L15 N04'09'47'W 125.28'
$ L6 S26'14'38"E 263.97' L16 N81'15'00"W 162.75'
L7 N7T13'26•E 155.43' L17 N01'02'12"W 207.63'
L8 S89'27'29"E 323.13' L18 S8837'03"W 424.83' •= SET 5/8-INCH CAPPED
L9 S00'00'25"E 211.25' L19 S00'02'06"W 197.95' IRON ROD STAMPED
DUNAWAY ASSOC LP'
L10 S89'59'35"W 20.00' L20 N00'00'25"W 647.54' UNLESS OTHERWISE NOTED.
R 8001666.008 PAGE 2 OF 2
U
An metes and bounds description of
even date accompanies this exhibit. SANITARY SEWER
MARCH 29,2017
EASEMENT
3 1.673 ACRES 72,881 SQUARE FEET
LOT , BLOCK 3
014
DUNAWAY/ AMERICAN AIRLINES ADDITION,
550 Bailey Avenue•Suite 100•Fort Worth,Texas 76107 TARRANT COUNTY,TEXAS
Tet 817.335.1121
o FIRM REGISTRATION 10098100
W
0
d
Exhibit "B"
Encroachments
[Attached]
7
1�
F
ILVD-
m' mmHmmI
OHNNHHi}IfWuNt140
ENCROACHMENT ITEMS
�' UNNHHHIiNNND'
UHHHIHHHNIIfffNtfN ITEM DESCRIPTION
1
� I / DUCT BANK CROSSING PUBLIC 1(Y'SEWER
2 2-DUCT BANK CROSSING PUBLIC 1D'SEWER
2 3
m r ( STORM CROSSING PUBLIC 10"SEWER
3 �`e I;
4 WATER UTILITY CROSSING PUBLIC IY'SEWER
a i
5 5 STORM CROSSING PUBLIC IOf*SEWER
c 4 h..
tI, 6 STORM CROSSING PUBLIC IWSEWER
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EXHIBIT B 0.0
OVERALL EXHIBIT
DUNAWAY
AMERICAN AIRLINES CAMPUS 0 500 1000
$ 550 Bailey Avenue •Suite 400 •Fort Worth,Texas 76107 SEWER EASEMENT
Tel:817.335.1121 ENCROACHMENTS
(TxREG F-1714)
PAGE 1 OF 14 FORT WORTH,TX SCALE: 1"=500 ft.
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Exhibit "C"
Easement Encroachment License Agreement
[Attached]
EASEMENT ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT is made and entered into effective as of August 9, 2017,by
and between THE CITY OF FORT WORTH, ("City") and American Airlines, Inc.
("Licensee"), lessee of the real property located at 13801 FAA Blvd., Fort Worth, Texas
76155 ("Property").
RECITALS
WHEREAS, Licensee entered into a lease agreement (the "Lease") with
Dallas/Fort Worth International Airport Board (the "Airport Board"), the owner of the
Property, and Licensee must relocate City's sewer line in order to construct
improvements;
WHEREAS, the easement for the existing sewer line was dedicated by separate
easement instrument (Volume 7283, Page 1803) and the new easement for the relocated
sewer line (the "New Easement"), described by metes and bounds on Exhibit "A"
attached hereto, will be created by a separate easement instrument to be executed by the
Airport Board;
WHEREAS, the conveyance of the New Easement must be approved by the
Airport Board and both the Cities of Dallas and Fort Worth, which is very time
consuming;
WHEREAS, Licensee and City have entered into an Agreement to allow
Licensee to begin construction of its improvements and anticipate the Airport Board's
conveyance of the New Easement at a later time;
WHEREAS, Licensee needs to cross the City's sewer line in order to construct
private storm drains, a private fire service line, a private water service line, a private
irrigation line, and concrete encased electrical duct banks;
WHEREAS, Licensee has authority under the Lease to enter into this Agreement;
WHEREAS, the City and Licensee enter into this Agreement to allow Licensee to
construct/place and maintain certain improvements which will encroach into the New
Easement area (the "Easement") as shown on the map attached to this Agreement as
Exhibit "B" and incorporated herein for all purposes; and
WHEREAS, City will allow the encroachment under the terms and conditions as
g g h in this Agreement to accommodate the needs of the Licensee.
r�
W, THEREFORE, the City and Licensee agree as follows:
RECENE� .�
a AIG 2 4 2p11
�y CI C of SECRETAM t roachment Agreement—Commercial Page 1 of 11
q, Rev.07/2017
`11 0 6 8 1 Oj�
AGREEMENT
1.
City, in consideration of the payment by the Licensee of the fee set out below and
covenants and agreements hereinafter contained, to be kept and performed by Licensee,
hereby grants permission to Licensee to encroach upon and occupy a portion of the City's
Easement for the purpose of private storm drains, a private fire service line, a private
water service line, a private irrigation line, and concrete encased electrical duct banks(the
"Encroachment") as described in and at the location shown on Exhibit "B" but only to
the extent shown thereon. Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaining the Encroachment within and above the Easement. Licensee
shall not expand or otherwise cause the Encroachment to further infringe in or on City's
Easement beyond what is specifically described in Exhibit"B" attached hereto.
2.
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes and in accordance with the
directions of the Director of the Transportation and Public Works or the Director of the
City's Water Department, or his or her duly authorized representative. Licensee shall
submit all plans and specifications to the applicable Director or his or her duly authorized
representative prior to the construction of the Encroachment. Licensee shall not
commence construction of the Encroachment until receiving written approval by the
Director, but such approval shall not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation of such plans and specifications.
3.
Upon prior written notice to Licensee, except in the case of an emergency,
Licensee agrees that City may enter and utilize the referenced areas at any time for the
purpose of installing, repairing, replacing, or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public or for any
other public purpose. City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Encroachment installed by
Licensee, but City will make reasonable efforts to minimize such damage. In the event
that any installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction, maintenance or existence of the
Encroachment and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or said Director's duly authorized
representative.
Easement Encroachment Agreement—Commercial Page 2 of 11
Rev.07/2017
4.
Licensee agrees to pay to City at the time this Agreement is requested an
application fee of$325.00 in order to defray all costs of inspection and supervision which
City has incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement.
5.
The term of this Agreement shall be for the duration of the Lease, commencing
on the date this Agreement is executed by City. However, this Agreement shall terminate
upon Licensee's non-compliance with any of the terms of this Agreement. City shall
notify Licensee in writing of the non-compliance, and if not cured within 30 days, this
Agreement shall be deemed terminated, unless such non-compliance is not susceptible to
cure within 30 days, in which case this Agreement shall be deemed terminated in the
event that Licensee fails to commence and take such steps as are necessary to remedy the
non-compliance within 30 days after written notice specifying the same, or having so
commenced, thereafter fails to proceed diligently and with continuity to remedy same.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon as described herein, is held by City as trustee for the public;
that City exercises such powers over the Easement as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Easement for the use and
benefit of the public.
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
Easement Encroachment Agreement—Commercial Page 3 of 11
Rev.07/2017
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES WITH RESPECT THERETO. THE FOLLOWING
INDEMNITY SHALL NOT APPLY WITH RESPECT TO MATTERS ARISING
OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE
CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,LICENSEES, ELECTED OFFICIALS OR INVITEES.
8.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder, as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit"A".
The amounts of such insurance shall be not less than
$1,000,000 Commercial General Liability
with the understanding and agreement by Licensee that such insurance amounts may be
reasonably revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least 30 days prior written notice to the
Building Official of the City of Fort Worth. Within in 30 days of execution of this
Agreement, Licensee agrees to submit a copy of such Certificate of Insurance. Licensee
agrees to submit a similar Certificate of Insurance annually to City on the anniversary
date of the execution of this Agreement.
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of the Encroachment and the cleaning and restoration of
the Easement. All insurance coverage required herein shall include coverage of all
Licensees' contractors and subcontractors.
9.
At Licensee's expense, Licensee shall file this agreement in the Real Property
Records of Tarrant County, Texas within fifteen (15) days of its full execution. After
being recorded, the original shall be returned to the City Secretary of the City of Fort
Worth.
Easement Encroachment Agreement—Commercial Page 4 of 11
Rev.07/2017
10.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of the Encroachment and uses.
11.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
by this Agreement or by any federal, state or local statute, law or regulation.
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachment over or within
the Easement and is not a conveyance of any right, title or interest in or to the Easement
nor is it meant to convey any right to use or occupy property in which a third party may
have an interest. Licensee agrees that it will obtain all necessary permissions before
occupying such property.
14.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
15.
The parties agree that the duties and obligation contained Sections 3 and 4 shall
survive the termination of this Agreement.
Easement Encroachment Agreement—Commercial Page 5 of 11
Rev.07/2017
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without the written approval of City, and any
attempted assignment without such written approval shall be void. The foregoing
prohibition shall not prohibit Licensee from collaterally assigning this Agreement in
connection with any financing. In the event Licensee conveys the Property, Licensee may
assign all of its rights and obligations under this Agreement to the new owner of the
Property, and Licensee shall be deemed released from its duties and obligations hereunder
upon City's approval in writing of such assignment, which approval shall not be
unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or
assignment to a secured lender by Licensee in the event of default or otherwise shall not
require City approval provided that said lender notifies City in writing within 60 days of
such foreclosure or assignment and assumes all of Licensees' rights and obligations
hereunder. However, no change of ownership due to foreclosure or assignment to any
secured lender of Licensee shall be effective as to City unless and until written notice of
such foreclosure or assignment is provided to City.
17.
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.
18.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
THIS AGREEMENT may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
AGREED:
LICENSEE: AMERICAN AIRLINES, INC. CITY: CITY OF FORT WORTH
Tirn6.
o Jesus J. Chapa
Vice President Airport Affairs and Facilities Assistant City Manager
Easement Encroachment Agreement—Commercial Page 6 of 11
Rev.07/2017
APPROVED AS TO FORM AND LEGALITY
_ 'P�JrYAJ
Jessica S gsvang, A istant City Attorney
O�FART�L
..0 ATTEST:
U 2
tit * By:
Ma K yser
XAS City Secretary
No MSC Required
Form 1295 Certification No. N/A
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.
O-z' _
&'La
Name: LA `[ U Title: R&
m �
Easement Encroachment Agreement—Commercial Page 7 of 11
Rev.07/2017
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Timothy Skipworth, Vice President Airport
Affairs and Facilities, known to me to be the same person whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was the act of
American Airlines, Inc. and that he/she executed the same as the act of said American
Airlines, Inc. for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20r1--
B
0r1-.
Brittany Ca�tar ' ; ! )MY)
e %OWAIA PfAbfk. Notary Public in aryl for the tate of Texas
�wre..r�"T �
Expires 10-17-2018
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City
Manager of the City of Fort Worth, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of the City of Fort Worth and that he/she executed the same as the act of the City of
Fort Worth for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20/`?.
".Pr PVB/
MARIA S SANCHEZ Not Public in and for the State jo
Texas My Commission Expires
December 19,2017
Easement Encroachment Agreement—Commercial Page 8 of I I
Rev. 07/2017
After Recording Return to:
City of Fort Worth City Attorney's Office
200 Texas Street
Fort Worth TX, 76102
Easement Encroachment Agreement—Commercial Page 9 of 11
Rev.07/2017
EXHIBIT "A"
Metes and Bounds Description of New Easement
Easement Encroachment Agreement—Commercial Page 10 of 11
Rev.07/2017
METES AND BOUNDS DESCRIPTION
BEING A 1.673 ACRE TRACT OF LAND SITUATED IN THE WILLIAM G. MATTHEWS SURVEY, ABSTRACT NUMBER 1052,
TARRANT COUNTY, TEXAS IN THE CITY OF FORT WORTH, BEING A PORTION OF LOT 1, BLOCK 3, AMERICAN
AIRLINES ADDITION, AN ADDITION TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT RECORDED IN VOLUME
388-133, PAGE 60, PLAT RECORDS OF TARRANT COUNTY, TEXAS, ALSO BEING A PORTION OF THE TRACT OF
LAND DESCRIBED IN THE DEED TO DALLAS—FORT WORTH REGIONAL AIRPORT BOARD RECORDED IN VOLUME 6710,
PAGE 520, DEED RECORDS OF TARRANT COUNTY, TEXAS. SAID 1.673 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH A CAP STAMPED "DUNAWAY ASSOC LP" SET IN THE EAST
RIGHT—OF—WAY LINE OF AMERICAN BOULEVARD (A VARIABLE WIDTH RIGHT—OF—WAY) FROM WHICH A FOUND
ALUMINUM DISK STAMPED "DFW INT AIRPORT" BEARS SOUTH 00' 02' 06" WEST A DISTANCE OF 197.95 FEET;
THENCE WITH THE EAST RIGHT—OF—WAY LINE OF AMERICAN BOULEVARD NORTH 00' 02' 06" EAST A DISTANCE
OF 47.72 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED "DUNAWAY ASSOC LP" SET FOR CORNER;
E THENCE DEPARTING THE EAST RIGHT—OF—WAY UNE OF AMERICAN BOULEVARD NORTH 88" 34' 53" EAST A
III DISTANCE OF 458.94 FEET TO A POINT;
THENCE SOUTH 01' 02' 12" EAST A DISTANCE OF 231.43 FEET TO A POINT;
THENCE SOUTH 81' 15' 00" EAST A DISTANCE OF 176.82 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
'DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE SOUTH 04' 09' 47" EAST A DISTANCE OF 134.84 FEET TO A POINT.
THENCE SOUTH 26' 14' 38" EAST A DISTANCE OF 263.97 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
"DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE NORTH 77' 13' 26" EAST A DISTANCE OF 155.43 FEET TO A POINT;
THENCE SOUTH 89' 27' 29" EAST A DISTANCE OF 323.13 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
"DUNAWAY ASSOC LP" SET IN THE EAST LINE OF SAID LOT 1, BLOCK 3 FROM WHICH A FOUND 2—INCH IRON
PIPE FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 3 BEARS NORTH 00' 00' 25" WEST A DISTANCE OF
647.54 FEET;
THENCE WITH THE EAST LINE OF SAID LOT 1, BLOCK 3 SOUTH 00. 00' 25 EAST A DISTANCE OF 211.25 FEET TO
A POINT;
c THENCE DEPARTING THE EAST LINE OF SAID LOT 1, BLOCK 3 SOUTH 89' 59' 35" WEST A DISTANCE OF 20.00
FEET TO A POINT;
THENCE NORTH 00' 00' 25" WEST A DISTANCE OF 181.44 FEET TO A POINT;
THENCE NORTH 89' 27' 29" WEST A DISTANCE OF 299.92 FEET TO A POINT;
THENCE SOUTH 77' 13' 26" WEST A DISTANCE OF 196.16 FEET TO A 5/8 INCH IRON ROD WITH A CAP STAMPED
"DUNAWAY ASSOC LF" SET FOR CORNER;
THENCE NORTH 26' 14' 38" WEST A DISTANCE OF 292.60 FEET TO A POINT;
THENCE NORTH 04' 09' 47" WEST A DISTANCE OF 125.28 FEET TO A 5/8 INCH IRON ROD NTH A CAP STAMPED
"DUNAWAY ASSOC LP" SET FOR CORNER;
THENCE NORTH 81' 15' 00" WEST A DISTANCE OF 162.75 FEET TO A POINT:
w
LL THENCE NORTH 01' 02' 12" WEST A DISTANCE OF 207.63 FEET TO A POINT:
a
A THENCE SOUTH 88' 37' 03" WEST A DISTANCE OF 424.83 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 1.673 ACRES (72,881 SQUARE FEET) OF LAND.
R B001666.008 PAGE 1 OF 2
An exhibit of even date accompanies OF
this metes and bounds description. ••••T� SANITARY SEWER
AGISTER oe'?'
`'•' :`� EASEMENT
MARCH 29,2017 _ ...:"•o"..........ae.a
`? GREGORY S.fFFLAfyD 1.673 ACRES 72,881 SQUARE FEET
0 °
L%c .es_ .............f=... LOCATED IN
DUNAWAY/ <••ro 4 Ssl ��.�. LOT 1, BLOCK 3
F5510l:•' AMERICAN AIRLINES ADDITION
550 Baley Avenue •Suite 100 •Fort Worth.Texas 76107 •••tij TARRANT COUNTY,TEXAS
a Tel:817.335.1121
FIRM REGISTRA71ON 10098100
0
a
DFW REGIONAL U.S.A. U.S.A.
AIRPORT BOARD VOLUME 5531 VOLUME
SOUTH TRACT PAGE 86 3416
VOLUME 6653 FOUND 2" PAGE 598
PAGE 870 IRON PIPE
FOUND 2"
L2
IRON PIPE
LOT 1. BLOCK 3 (CONTROL
POINT OF L18 r7 AMERICAN AIRLINES ADDITION MONUMENT)
BEGINNING Q1 �_ -' VOLUME 388-133, PAGE 60
SET 5/8-INCH J J L4 DALLAS-FORT WORTH
CAPPED IRON FOUND ALUMINUM REGIONAL AIRPORT BOARD 0 300
ROD STAMPED DISK STAMPED L16 VOLUME 6710, PAGE 520
DUNAWAY U o SCALE FEET
"DFW INT AIRPORT"
ASSOC LP" (CONTROL MONUMENT)
v � L8 DALLAS–FORT WORTH
ca � L7 REGIONAL AIRPORT BOARD
Z 1.673 ACRES L,2 PLOT B
q 72,881 SQUARE FEET x-13 a, VOLUME 6653, PAGE 853
(� J J
DSN STAM EIDUM -ts tJ��'" 0.
.185 L10
'gr INT AIRPORT"
�. (CONTROL MONUMENT) ''" LOT 1, BLOCK 2
o _ AMERICAN AIRLINES ADDITION
z Line Table Line Table VOLUME 388-133, PAGE 60
a — """— DALLAS–FORT WORTH
Line Bearing Distance Line Bearing Distance REGIONAL AIRPORT BOARD
Number Number NORTH TRACT
L1 N00'02'06"E 47.72' L11 N00'00'25"W 181.44' VOLUME 6653, PAGE 856
L2 N88'34'53"E 458.94' L12 N89'27'29W 299.92'
L3 SO1'02'12"E 231.43' L13 S77'13'26"W 196.16'
8
L4 S81'15'00"E 176.82' L14 N26'14'38"W 292.60'
L5 SO VD9'47"E 134.84' L15 N04'09'47"W 125.28'
L6 S26'14'38"E 263.97' L16 N81'15'00"W 162.75'
L7 N77'13'26"E 155.43' L17 N01'02'12"W 207.63'
L8 589'27'29"E 323.13' L18 S88'37'03"W 424.83' •= SET 5/8-INCH CAPPED
IRON ROD STAMPED
N L9 S00'00'25"E 211.25' L19 SOO702'06"W 197.95' "DUNAWAY ASSOC LP"
1 L10 S89'59'35"W 20.00' L20 N00'00'25"W 647.54' UNLESS OTHERWISE NOTED.
R 6001666.008 PAGE 2 OF 2
L
u
An metes and bounds description of
a even date accompanies this exhibit. SANITARY SEWER
EASEMENT
MARCH 29,2017
3 1.673 ACRES 72,881 SQUARE FEET
LOCATED IN
$ DUNAWA LOT 1, BLOCK 3
AMERICAN AIRLINES ADDITION,
550 Barney Avenue•Suite 400•Fort worth,Texas 76107 TARRANT COUNTY,TEXAS
Tel 817 335.1121
FIRM REGISTRATION 10098100
G
i
EXHIBIT "B"
Map of Encroachment
Easement Encroachment Agreement—Commercial Page 11 of 11
Rev.07/2017
1
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ITEM DESCRIPTION
a 1 DUCT BANK CROSSING PUBLIC 10"SEWER
2 2-DUCT BANK CROSSING PUBLIC 10 SEWER
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'm% DUNAWAY AMERICAN AIRLINES CAMPUS o 500 1000
Is 550 Bailey Avenue •Suite 400•Fort Worth,Texas 76107 SEWER EASEMENT
m Tel:817.335.1121 ENCROACHMENTS
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MARY LOUISE GARCIA ,.••-•...
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COUNTY CLERK z
100 West Weatherford Fort Worth, TX 76196-0401
ZZi . •,
"•••''' PHONE(817) 884-1195
DUNAWAY ASSOCIATES LP
1501 MERRIMAC CIR STE 100
FT WORTH, TX 76107
Submitter: DUNAWAY ASSOCIATES LP
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/31/2017 10:59 AM
Instrument#: D217201920
E 56 PGS $232.00
By: u..l
D217201920
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.