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Home My WebLink AboutContract 43077CITY SECRETARY CA /9 and CA(2nd)/g CONTRACT NO. Meachum Airport "1 .J Fort Worth, Tarrant County 022212 -Ijr ENCROACHMENT ON EASEMENT The City of Fort Worth , a Texas Municipal Corporation, located in Tarrant County, along with FTWFBO, LLC as Lessee and Texas Jet, Inc. as Sub Lessee (collectively and at times individually hereinafter referred to as User) has requested permission to install, construct, reconstruct, operate, repair, replace, relocate, remove and /or maintain a fire lane facility, whether City and /or franchise (the "City Infrastructure "), over the Atmos Energy Corporation, a Texas Corporation ( "Atmos "), successor to ENSERCH CORPORATION, easement recorded in Volume 2958, Page 568, Real Property Records of Tarrant County, Texas (the "Easement "). Atmos is agreeable to the installation, construction, reconstruction, operation, repair, replacement, relocation, removal and /or maintenance of the City Infrastructure, hereinafter referred to as the "Encroaching Facility ", if the Encroaching Facility is located and described as shown on the attached drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions: 1. It is understood and agreed that Atmos holds easement rights on the property involved; therefore, User will be required to obtain whatever rights and permission, other than Atmos', which are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by Atmos under its easement. 2. User, to the extent allowable by law, agrees to defend, indemnify and hold harmless Atmos, its officers, agents and employees, from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons that may arise out of, or be occasioned by, the negligence, misconduct or omission of User, its officers, agents, associates, employees, contractors, subcontractors, subconsultants, or any other person entering onto the Encroaching Facility or may arise out of or be occasioned by the use of the Encroaching Facility, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from any negligence of Atmos, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Atmos and User, responsibility and indemnity, if any, shall be apportioned comparatively. Nothing contained herein shall ever be construed so as to require User to assess, levy and collect any tax to fund its obligations under this paragraph. 3. Except as authorized herein, it is expressly understood and agreed that if the Encroaching Facility has Atmos facilities located thereon, User shall not place upon the Encroaching Facility, any improvements including but not limited to, buildings, light standards, fences, shrubs, trees or signs, unless approved in writing by Atmos, 4. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 5. Atmos will not be responsible for any costs of construction, operation and maintenance of User's Encroaching Facility. It is further agreed that Atmos shall not be liable for any damage to the Encroaching Facility herein agreed to, as a result of Atmos' use pursuant to its Easement, provided such damage could not be reasonably foreseeable. Any Atmos property damaged or destroyed by User or its agents shall be repaired or replaced by Atmos at User's expense, provided such expense is reasonable and necessary, and wl In ni ety OFFICIAL RECORD ENCROACHMENT ON EASEMENT Page , CITY SECRETARY FT. WORTH, TX CA /9 and CA(2 "d) /g Meachum Airport Fort Worth, Tarrant County 022212 -Ijr (90) days of User's receipt of an invoice from Atmos. 6. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ninety (90) days after User receives written notification from Atmos of such default, Atmos may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon User's express, written abandonment of the Encroaching Facility. If the foregoing terms and conditions are acceptable to The City of Fort Worth, please have the original and a copy of this letter agreement signed and returned to me at: 5420 LBJ Freeway, Suite 1700, Dallas, Texas 75240, within 30 days for final approval by Atmos. This letter agreement shall be effective only after final approval by Atmos. OWNER: The City of Fort Worth By: .�/1'✓ Title: Assistant City Manager Attested by: Date: C-_ L4 q q APPROVED AS TO FORM AND I...EGALITY: STATE OF Contract Authorization , COUNTY OF TAINT § "� - SS�rCIT A TORNEY BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of The City Of Fort Worth, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER A EVONIA DANIELS *; MY COMMISSION EXPIRES Jury 10, 2013 MY HAND AND SEAL OF OFFICE, on this the � day of D., 2012. ENCROACHMENT ON EASEMENT Notary Public in and for the State of Texas My Commission Expires: Print Name: Name: ,c y,;j .9.rliE�S' Page z ; OFFICIAL REC RD! CITY SECRETARY FT. WORTH, TX CA /9 and CA(2nd)/g Meachum Airport Fort Worth, Tarrant County 022212 -Ijr LESSEE: FTWFBO, LLC -!' Reed Pig ` n Title: Manager Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, Ihe unde signed authority, a Notary Public in and for the State of Texas, on this day personally appeared as of FTWFBO, LLC, known to me to be the person whose name is subscrib06 to the foregoing inst ment and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, �j A.D., 2012. &-- N ary Public in and for the State of Texas My Commission Expires: Print Name: Q Aft.. �P" n l`- LESA MOKE My Commission Expires May 16. 2014 sr1rE or E *�e on this the day of ENCROACHMENT ON EASEMENT Page 3 CA /9 and CA(2 "d) /9 Meachum Airport Fort Worth, Tarrant County 022212 -Ijr SUB LESSEE: Texas Jet, Inc. By: Red Pigm Title: President Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, t e nde igned authorit , a Notary Public in and for the State of Texas, on this day personally appeared as of Texas Jet, Inc., known to me to be the person whose name is subscrib to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation, GI EN UNDER MY HAND AND SEAL OF OFFICE, on this the day of A.D., 2012. D� Notary Public in and for the Stat of Texas LFSA MOKE My Commission Expires: My Commission Expires May 16. 2014 Print Name: ' d .Q� ENCROACHMENT ON EASEMENT Page 4 CA /9 and CA(2nd)/g Meachum Airport Fort Worth, Tarrant County 022212 -Ijr APPROVED: At Ener C rporation By: WRad Cook Title: Vice President, Operations Mid Tex Division Date: .3:4!�ll'-2 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rad Cook, Vice President, Operations, Mid Tex Division, Atmos Energy Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the OR— day of M A.D., 2012. ati� tlth,. CHARLENE DAVIS _ = Not®ty Public, State of Texas My COMMIssion Expires fsbruary 15, 2013 Notary Public in and for the State of Texas My Commission Expires:A -�A 13 Print Name: 0, -Aar -1 _h e env is ENCROACHMENT ON EASEMENT Page 5 Im 11D - i Al 1 Ln 30 DzZ? 5^5 <c z �q W-nD I O Z7 S Y 71 OO°D g�• o tn o F 21 ��n4g ? z S E5 M Co HANGAR 45N PRIVATE DEVELOPMENT FORT WORTH, TX i F.hihit A E U /.-/- R� Cq F.� � � Ilfll�lllfil I r 4g I I Ae / 4 s a f �' lr�jjjj 1:9 k1k ;A$. Jill SITE AND GRADING PLAN City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2012 DATE: Tuesday, March 20, 2012 REFERENCE NO.: * *C -25499 LOG NAME: 55FTW ATMOS FTWFBO SUBJECT: Authorize Execution of an Encroachment on Easement Agreement with Atmos Energy for the Installation of a Fire Lane by FTWFBO, LLC as Lessee and Texas Jet, Inc. as Sub - Lessee on an Existing Atmos Energy Easement in the Vicinity of 4709 North Main Street at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Encroachment on Easement Agreement with Atmos Energy for the installation of a fire lane by FTWFBO, LLC as Lessee and Texas Jet, Inc. as Sub - Lessee on an existing Atmos Energy Easement in the vicinity of 4709 North Main Street at Fort Worth Meacham International Airport. DISCUSSION: In 1950, the City of Fort Worth granted an easement to Lone Star Gas Company and its successors for the construction, maintenance and operation of an underground pipe line at Fort Worth Meacham International Airport. This easement crosses lease site 45N, which is currently leased to FTWFBO, LLC, which has subleased the property to Texas Jet, Inc. FTWFBO, LLC and Texas Jet, Inc, have requested permission to install a fire lane across this easement. Based on the execution of an Encroachment on Easement Agreement (Agreement), Atmos Energy, the successor to Lone Star Gas Company, will agree to the construction and use of the fire lane. The Aviation Department has reviewed the Agreement and recommends City Council approval. The property is in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS No attachments found. Fernando Costa (6122) Bill Welsted (5402) Jonnie Huitt (5409) Logname: 55FTW ATMOS FTWFBO Page 1 of 1