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Home My WebLink AboutContract 61095-A1City Secretary Contract No. 61095-A1 FIRST AMENDMENT AGREEMENT TO STORM DRAIN LICENSE THIS FIRST AMENDMENT AGREEMENT (hereinafter "Amendment") is made and entered into as of the 1 sc day of February, 2024, by and between FORT WORTH & WESTERN RAILROAD COMPANY (hereinafter "Licensor" or "FWWR") and CITY OF FORT WORTH (hereinafter "Licensee") and collectively called "Parties RECITALS: WHEREAS, on June 27, 2013, Licensor and Licensee entered into a Storm Drain License agreement (the "Agreement"), whereby Licensor granted to Licensee a license for the operation, maintenance, replacement, upgrading and repairing of a storm drain line under a portion of the property of Licensor located at or near FWWR mile_ post 5.80, Fort Worth Subdivision„ Fort Worth, Tarrant County, Texas; and WHEREAS, Licensor and Licensee now desire to amend the Agreement, as provided herein (CSC 61095). NOW, THEREFORE, in consideration of the terms and conditions of this Amendment, the sufficiency of which being hereby acknowledged, it is agreed by and between the Parties hereto as follows: AGREEMENT: In consideration of the consent of Licensor herein contained, Licensee hereby adopts the Agreement and assumes and agrees to observe and discharge all of the conditions and obligations contained in the Agreement. It is mutually agreed as follows: 1. Section 1 is deleted in its entirety and replaced with the following: 1. That, Fort Worth & Western Railroad Company, a Texas corporation ("Licensor"), of the County of Tarrant, State of Texas, for and in consideration of ten dollars ($10.00) and other good and valuable consideration, and subject to and conditioned upon, the covenants and agreements herein contained to be by Licensee kept, observed and performed, the receipt and sufficiency of which are hereby acknowledged, by these presents grants unto The City of Fort Worth, Texas ("Licensee"), without express or implied warranties and all warranties that might arise by common law, and the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded, a license (the "License") to use the Property (hereinafter defined) for a sixty inch (60") nominal diameter storm drain pipeline (steel with reinforced concrete) encased in a ninety inch (90") steel tunnel liner plate (which casing pipe will extend the width of the Property on each side) under, along and across the portion of Licensor's right-of-way and railroad facilities located in and adjacent to N, Commerce Street, City of Fort Worth, Tarrant First Amendment To Storm Drain License N Commerce Street, Fort Worth, TX FWWR MP 5.8 Fort Worth Sub Document No. 20240202-02 Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX County, Texas, described by metes and bounds on Exhibit "A".and as depicted on the survey in Exhibit "B" attached hereto and incorporated herein for any and all purposes (the "Property"). In the event Licensee determines the existing twenty- four inch (24") storm drain pipeline (the "Existing SD") depicted on Exhibit C is an active pipeline, the use of the Property as herein defined shall be broadened to include a twenty-four inch (24") nominal diameter storm drain pipeline (steel with reinforced concrete), including a six foot (6') junction box (steel with reinforced concrete), to be connected to the Storm Drain Facility (hereinafter defined). In the event Licensee determines the Existing SD is inactive, Licensee shall, at Licensee's sole cost and expense, abandon in place, pursuant to applicable federal, state and local laws, grout fill, and plug the Existing SD located on the right of way of Licensor (hereinafter "Abandoned Pipeline"), and shall restore, to the satisfaction of Licensor, such railroad right of way to as good a condition as it was just prior to abandonment of the Abandoned Pipeline. The parties agree to terminate any associated agreements (hereinafter "Associated Agreements") establishing the use of Licensor's railroad right of way for the Abandoned Pipeline and the rights and privileges granted thereby shall expire and terminate at the time the Abandoned Pipeline shall be so abandoned; whereupon Licensor shall have the same complete title to the railroad right of way and property so abandoned as though the Associated Agreements had never been executed and the right to enter thereon and exclude therefrom the Licensee, its successors, and assigns. Termination of the Associated Agreements shall not release either party thereto from any liability or obligation thereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events which occurred prior to such termination, or thereafter in case by the terms of the Associated Agreements it is provided that anything shall or may have to be done after such termination. The License granted herein shall be solely for the operation, maintenance, replacement, upgrading and repairing of the storm drain line under a portion of the Property in accordance with, and as shown on, attached Exhibit "A" and Exhibit "B" (the "Storm Drain Facility"). 2. The first sentence of Section 2 is amended by striking "Kimley-Horn and Associates dated 05-15-13 City of Fort Worth Project 00969" and replacing it with "TranSystems Corporation dated 02-09-23 City of Fort Worth projects 00969, 103664, & 103665". 3. The third sentence of Section 2 is amended by striking " either directional drilling or by dry boring and jacking methods" and replacing it with "hand tunneling with tunnel liner plate". 4. The Agreement is amended by striking "Chief Engineer" in each instance it is stated within the Agreement and replacing it with "Director of Planning and Special Projects". 5. Delete Exhibit C of the Agreement and replace it with Exhibit C attached hereto. Except as herein specifically provided in this Amendment all terms and conditions of the Agreement remain in full force and effect. Page 2 of 4 First Amendment To Storm Drain License N Commerce Street, Fort Worth, TX FWWR MP 5.8 Fort Worth Sub Document No. 20240202-02 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment Agreement in duplicate as of the day and year first above written. APPROVED: FORT WORTH & WESTERN RAILROAD COMPANY Kevin Erasmus President and CEO DATE: First Amendment To Storm Drain License N Commerce Street, Fort Worth, TX FWWR MP 5.8 Fort Worth Sub Document No. 20240202-02 CITY OF FORT WORTH BY: Jesica McEachern Assistant City Manager DATE: M a r 19, 2024 APPROVAL RECOMMENDED: - it "Aar 13. 2C24 14:52 CDT) Lauren Prieur, P.E. Director, TPW APPROVED AS TO FORM AND LEGALITY: Douglas W. Black Assistant City Attorney p pFFao r�Ydd Fo ATTEST: Sao o=d a�p4 oEXAa?op Jannette S. Goodall City Secretary Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Mak Am;i,sen Max Aransen (Nar 13. 2024 14:43 CDT) Max Aransen Project Manager Page 3 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit C r H iTt t-- 4+44- 4- 4. +-4- 1- +4 1- -.1-1 1-] + j- 41 - . - - : 4-- + U J 4.- 4- -4-4 -A-4- _L_.i 4--L 1 4 J. J. , . _L 1. .1 1 . 1-4, L-L _1 L ELA ....... . . I I L i !_-I. _L.Z_..LJ_: j- t _t: 4- # 1+ t 4 t4t: j 4- '4_j '7 1, 1 L+ L- -Lj-jM L. -.1F L.L. A— 41. H 11 44... jjA-4- 444-1 jq:'; —r-r _7- J T, t 4-- _T _'r 1--t r-t- -3-: 7- T--r- I-L -'I- j . . . . . . . . . . H-+4- j-4- L4_4_ J_ J_ 4- +.-.f 1-4-, ..-..) t -t- 1;: ... -T r + T .... .. 1 4-4 1 1 - -4 -L t 1 - I I.A_ -4- - 1-�- A.- _'� - - - -, i.4-.4_ -4. '4L' 4 'IT-4-4-4- 4 4 4. -1-4-4-4 4- -444_-I t -P i_3_ --L--1.1-1 ! -- 4.44 1..-.. H, 1:_1 :J:-4. 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