HomeMy WebLinkAboutContract 40961 CITY SECRETARY
LICENSE CONTRACT NO.
This Agreement (hereinafter called the "Agreement") is made by and between the
Dallas/Fort Worth International Airport Board, a joint airport board of the Cities of Dallas,
Texas and Fort Worth, Texas (hereinafter called "Board"), and the City of Fort Worth, Texas,
an incorporated Home Rule City, (hereinafter called "Fort Worth"), and is effective as of the
' day ofOetobe,,r , 200.
WHEREAS Fort Worth desires to install a water main and all reasonable and necessary
appurtenances (hereinafter referred to as "Line"), on Dallas/Fort Worth International Airport
(hereinafter called "Airport") property, more particularly described on the attached Exhibit
"A", (hereinafter referred to as "Licensed Premises") and in accordance with the approved
engineering plans (hereinafter referred to as "Plans").
NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein,
Board and Fort Worth agree as follows:
1. In consideration for receiving the benefits of consistent high pressure water
service and a redundant, back-up water source, Board grants a license to Fort
Worth for a period of forty (40) years, commencing on the date of execution of
this Agreement, to enter upon Airport property to construct, install and
maintain at Fort Worth's sole expense, except as herein below provided, a
water main. The construction shall be done on the Licensed Premises. Said
construction shall be in accordance with the Plans approved in writing by
Board's Building Official prior to construction of the Line.
2. Actual construction, relocation of fences, maintenance and repair of the Line
shown on the Plans shall be the responsibility of Fort Worth. It is understood
and agreed that reasonable and necessary maintenance and repair of the Line is
necessary to maintain it in a safe usable condition consistent with other water
lines maintained by Fort Worth, in accordance with the standards set forth in
the ordinances and regulations of Fort Worth. Fort Worth, its officers,
employees and agents shall have authority to enter onto the Licensed Premises
for the purpose of constructing, monitoring, maintaining and repairing the Line.
Subject to Paragraph 3 hereof, it is understood and agreed that in the event
said Line is not constructed by Fort Worth, the only remedy of Board shall be
termination of this Agreement and all rights to the Licensed Premises. The
standard for maintenance as recited above shall not be deemed as the Board's
adoption of such ordinance and regulations of Fort Worth.
3. Board shall be entitled to tie into the Line, without a tie-in-fee, at a future date
and upon prior written notice to Fort Worth. Board shall pay its construction
costs related to accomplishing tie-in to the line and water usage fees as
reasonable and customary following any tie-in.
4. Board shall have the right at any time to revoke this Agreement upon a finding
based upon substantiated facts that the Line causef—a say-TiazarTfp
f OFFICIAL RECORD
I CITY SECRETARY
�,� FT. WORTH, TX
operations at the Airport, or for any breach of the terms of this Agreement not
corrected by Fort Worth within sixty (60) days of receipt of written notice to
correct such breach or, in the case of a breach not reasonably capable of
correction within said time period, if Fort Worth, within said sixty (60) days or at
any time thereafter fails to diligently undertake and pursue the correction of
such breach. Fort Worth shall be notified by written notice sent to its City
Manager at least fifteen (15) days prior to the Board's consideration of the
termination of this Agreement.
5. If Fort Worth abandons construction or use of the Line before the expiration or
earlier revocation of the Agreement, Fort Worth shall, if requested in writing by
Board, promptly, and in the manner directed by Board's Building Official,
remove part or all of Line from Airport property and restore said property to
the condition existing prior to the construction of the Line. In the event Fort
Worth fails or refuses to remove said Line and restore the Licensed Premises to
the condition existing prior to construction, Board may remove the Line and
restore the Licensed Premises and Fort Worth shall pay Board the cost of such
work. Notwithstanding the above, if prior to abandonment of the Line the
Board has tied into the Line, then Fort Worth shall not abandon without first
notifying the Board twelve (12) months in advance and working with the Board
to arrange the most reasonable and economic alternative to the tie-in to be
effected.
6. The waiver of a breach of any of the terms or conditions hereof shall be limited
to the act or acts constituting such breach and shall never be construed as
being a continuing or permanent waiver of any such items or conditions, all of
which shall remain in full force and effect as to future acts or happenings,
notwithstanding any such waiver.
7. This Agreement is personal to Fort Worth and is not assignable or transferable.
8. Fort Worth shall have twenty-four (24) months from the date this Agreement is
executed to begin construction of the Line. Once construction has begun, Fort
Worth will diligently pursue completion of the Line.
9. In the event that the Board should require the Licensed Premises during the
term of this Agreement, upon twelve (12) months prior notice to Fort Worth,
Board agrees to use its best efforts to relocate the Line to mutually satisfactory
site. Costs of the relocation shall be paid by Fort Worth. If no site can be
agreed upon, the Board shall terminate this Agreement. In the event of such
termination by the Board, Board shall pay Fort Worth the unamortized costs of
constructing the Line as located on Airport property. Removal of the Line and
restoration of the Licensed Premises shall be by Fort Worth and at Fort Worth's
expense, and as directed by the Board.
10. Within sixty (60) days immediately following completion of the Line, Fort Worth
agrees to provide the Board with verification of the "cost of constructing the
Line." Amortization for the purpose of repayment of unamortized costs shall be
on a straight line basis, over a twenty (20) year term.
(2)
11. This Agreement is not intended as the grant of an exclusive right or interest.
Board shall be allowed and reserves the right to grant additional licenses,
easements, or rights in the property herein described without being in conflict
herewith so long as said grant of right, license, or easement does not interfere
with the use of the license herein granted.
12. All notices required pursuant to this Agreement shall be sent by first-class
United States mail, postage prepaid, registered or certified with return receipt
requested:
If to Board:
Dallas/Fort Worth International Airport Board
Attn: Chief Executive Officer
Post Office Box 619428
DFW Airport, Texas 75261
If to Fort Worth:
City of Fort Worth
Attn: City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
13. Fort Worth shall not operate said water main in violation of any state, federal, or
local ordinance, regulation or law.
14. The Licensed Premises shall not be used for any purpose not specified herein.
15. Neither this Agreement nor the granting of the license shall be deemed as any
warranty or representation by the Board of fee title ownership of the Licensed
Premises; Board shall assume no liability whatsoever, and Fort Worth shall hold
the Board harmless, concerning any boundary or encroachment claim that may
arise from any adjoining landowner.
(3)
EXECUTED IN TRIPLICATE THIO}-� DAY OFQc,j ,', 20io , the City of Fort Worth
signing through its City Manager, ' and Dallas/Fort Worth
International Airport Board signing through its Chief Executive Officer as authorized by
resolution passed on VtcCrc6-) 5 2009 each attesting through its Secretary and
thereafter notarized accordingly.
DALLAS/ FORT WORTH
INT TION IRPORT RD
B
APPROVED_,�S T RM:
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Leg Counsel for the Boa
ATTEST:
0210AAN, `vr Manna Schnell
Secretary for the Boar
CITY OF FORT WORTH
By
City Manager, City of Fort Worth
A TEST:
Y\� 00
Secretary, City o ort Worth o 0��¢
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APPROVED AS TO FORM & LEGALITY: � A1a X
n—
1 st—city Attorney, City of Fort Worth
'ontr_ar t. Authori zatioA OFFICIAL RECORD
1 23 l�9 CITY SECRETARY
1 FT WORTA, TX
(4)
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on thi�/� day of o , 20 /0 personally appeared Fernando
Costa, 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 off/ laf�- day of
20L.
�'"Yel
EVONIA DA NIELS
'* MY COMMISSION EXPIRES Notary Public in and for the State of Texas
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°�;�� :- July 10,2013
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 of Q.0 6e-v- , 20 1'C) personally appeared
;)ID n C. i -e ire 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 [�Il�s r+�,U�fN� 7� ti ,� ►fir "aA that he/she executed the
same as the act of said A- (P,(4 f- a r j for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ;`` day of
C C fObCe- , 20 I' .
---„ _ Notary Public in and for the tate of Texas
--
MELISSA } JUAREZ I ,
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1 Vy _ mrr,sson [xp�res
February 12. 2012
City of Fort Worth
36"Water Main Extension
DOE No. 3600
TS Job No. P202012643
10 April, 2008
Sheet 1 of 2
Exhibit A
36"Water Main Extension
Being an alignment situated in a tract of land described by deed to Dallas — Fort Worth Regional
Airport Board, recorded in Volume 6652, Page 856, Deed Records, Tarrant County, Texas
(DRTCT), and being further described by metes and bounds as follows:
Commencing at a 7/8 inch iron rod found for the Southwest corner of Lot 1, Block 1, Trinity / 360
Addition, recorded in Cabinet A, Slide 2590, Plat Records, Tarrant County, Texas (PRTCT), being
in the East line of a tract of land described in deed to HKSKN Managers 3, Ltd., recorded in
Document Number D203276070, DRTCT and an angle point in said Dallas — Fort Worth Regional
Airport Board tract;
Thence South 00 023'44"West, 15.00 feet along the West line of said Dallas — Fort Worth Regional
Airport Board tract and the East line of said HKSKN tract to the Point of Beginning;
Thence South 89 036'45"East, 399.65 feet being 15.00 feet South of and parallel to the South line
of said Lot 1, Block 1;
Thence North 00 023'44"East, 528.19 feet;
Thence East, 41.00 feet;
Thence South 79 025'28"East, 144.89 feet;
Thence South 16 014'00"East, 117.14 feet;
Thence North 80 058'56"East, 132.22 feet to the East line of said Dallas — Fort Worth Regional
Airport Board tract and the West right-of-way line of State Highway 360 (variable width right-of-
way) and the terminus.
NOTES:
A survey sketch accompanies this description
Basis of bearing is NAD83 Texas North Central Zone 4202
This description was compiled from previous on the ground surveys made in 2006.
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VOL.388-213,PG.59
PRTCT GRAPHIC SCALE EOLALS
NOTES 1 INCH TO 200 FEET
BASIS OF BEARING IS NAD83 TE X AS NORTH CENTRAL ZONE 4303
A PROPERTY OESCRIPTIOM ACCOMPIES THIS SKETCH
SHEET TITLE EXHIBIT B
Systems �� DALLAS-FORT WORTH
REGIONAL AIRPORT BOARD
500 WEST 7TH SUITE 1800 �^ O vim' PROJECT
FORT WORTH,TEXAS 76102
817 ,"5895( CITY OF FORT WORTH
36'' WATER MAIN EXTENTION
PROJ NO: P202012643
SCALE: 1 200
DATE: 10 APRIL,2008
DESIGNEO BY: �� , SHEET
DRAWN BY: OAK DOE No. 3600
OF
CHECKED BY: OLD 2 2
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Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/23/2008
DATE: Tuesday, September 23, 2008 REFERENCE NO.: **L-14642
LOG NAME: 30DFW LICENSE
SUBJECT:
Authorize the Execution of a License Agreement with the Dallas-Fort Worth International Airport Board for
a 36 Inch Water Transmission Main and Meter Station Located in East Fort Worth on Trinity Boulevard,
and Authorize Acceptance and Recording of Appropriate Instruments (DOE No. 3600)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a License Agreement with the Dallas-Fort Worth International
Airport Board for a 36 inch Water Transmission Main and Meter Station located in east Fort Worth on
Trinity Boulevard; and
2. Authorize Acceptance and Recording of Appropriate Instruments.
DISCUSSION: � _
The License Agreement with the Dallas-Fort Worth International Airport Board for a 36 inch Water
Transmission Main and Meter Station is needed for the construction of the Trinity Boulevard Water Main
Extension, Contract 1, Unit 1. The transmission main will serve both the cities of Fort Worth and Grand
Prairie.
This property is located in COUNCIL DISTRICT 5, Mapsco 56T.
FISCAL INFORMATION_/CERTIFICATION:
The Finance Director certifies that this transaction will have no material impact on City funds.
FUND--CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted_for City Manager's.Office_by: Fernando Costa (8467)
Originating Head: A. Douglas Rademaker (6157)
Additional Information Contact Jill D. Griffin (6253)
ATTACHMENTS
1. 30DFW LICENSE.pdf (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=10374&print=true&DocType=Print 8/9/2010
DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD
OFFICIAL BOARD ACTION/RESOLUTION
Date Committee Subject Resolution#
03/05/2009 Finance/Audit License Agreement with the City of Fort Worth for Water 2009-03-047
Main Extension
Action
That the Chief Executive Officer or designee be authorized to execute a License Agreement for a term of 40
years with the City of Fort Worth for the construction of a water main extension through Airport property.
Description
• The City of Fort Worth desires to construct, install and maintain, at City"s sole expense and to City"s
standards, a 36-inch water main extension across Airport property.
•The primary purpose of the water main extension is to provide enhanced potable water service to
new development located east of SH 360.
• This extension will also connect to Airport"s current Fort Worth water supply, creating a much desired
redundant water source.
• Alignment of water main extension is shown on attached Exhibit A.
Justification
•This License will permit the City of Fort Worth to provide improved potable water service to new
developments within the area east of SH 360 and to the Airport land west of SH 360.
• In consideration for granting this License, Airport will receive the following benefits: 1) consistent
high-pressure Fort Worth water service; 2) redundant, back-up water source should current Fort
Worth line serving Airport fail; and 3) abiltiy to tie into water main extension without paying a tie-in
fee, to support nearby future Airport development opportunities.
• Location of water main extension does not currently impede any potential future Airport development
in the vicinity, and could provide a future water source for planned natural gas drilling activities.
•The license right granted is non-exclusive, allowing Airport to use the land and grant rights for others
to use so long as such use does not interfere with City"s use.
D/M/WBE Information
• N/A
Schedule/Term
• Forty (40) year License Agreement
Contract# Agreement# Purchase Order# Action Amount Revised Amount
$0 $0
For Information contact Fund Project# External Funding Source Amount
John Terrell $0
3-4655
Resolution#2009-03-047
Additional Information
• This will be a City of Fort Worth project.
•A similar License for sanitary sewer service was granted to the City of Fort Worth in 1999 (Board
Resolution 99-06-179).
•The Airport will not incur any cost in granting the License.
• Relocation of fences, construction, maintenance and repair of the water main will be the sole
responsibility of the City of Fort Worth.
•Airport must pay construction cost to accomplish tie-in and water usage fees as reasonable and
customary following any tie-in.
• If Airport requires use of License area, upon 12 months notice, City agrees to use its best efforts to
relocate to a mutually satisfactory site at City"s expense. If no alternate site can be agreed upon,
Airport shall terminate License and Airport shall pay City unamortized cost of constructing the water
main extension on Airport property over 20 years on straight line basis.
Funding Source(s)
• N/A. No O&M costs are anticipated for this project.
Additional Attachments: Y
BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
That the Chief Executive Officer or designee be authorized to execute a License Agreement for a term of 40
years with the City of Fort Worth for the construction of a water main extension through Airport property.
Approved as to Form by Approved as to Funding by Approved as to M/WBE by
Gary Keane Max Underwood Don O'Bannon
General Counsel Vice President Vice President
Feb 25, 2009 11:24 am Finance Small & Emerging Business
Feb 25, 2009 1:09 pm Feb 25, 2009 9:26 am
SIGNATURE REQUIRED FOR APPROVAL
Approved by
C�
Department Head
Commercial Development
Mar 5 2009 2:37 pm
Feb 24, 2009 6:04 pm Chief Executive Officer Date
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