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Contract No.
FIRST AMENDMENT AGREEMENT
TO
STORM DRAIN LICENSE
THIS FIRST AMENDMENT AGREEMENT (hereinafter "Amendment") is made
and entered into as of the 151 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 5.70,
Fort Worth Subdivision, Fort Worth, Tarrant County, Texas; and
WHEREAS, Licensor and Licensee now desire to amend the Agreement, as
provided herein (CSC 61097).
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 three (3) seventy-two (72") nominal diameter
storm drain pipelines (steel with reinforced concrete) encased in a one hundred
ten inch (110") steel tunnel liner plate (which casing pipe will extend an additional
First Amendment To Storm Drain License
N Main Street, Fort Worth, TX
FWWR MP 5.7 Fort Worth Sub
Document No. 20240206-01
Page 1 of 4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
eighteen feet (18') beyond 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
N. Main Street, City of Fort Worth, Tarrant 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"). 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.
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
BY:
Kevin Erasmus
President and CEO
DATE: &3 0/44.
r
First Amendment To Storm Drain License
N Main Street, Fort Worth, TX
FWWR MP 5.7 Fort Worth Sub
Document No. 20240206-01
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
DATE: Mar 19, 2024
Page 2 of 4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPROVAL RECOMMENDED:
Lauren Prieur (Mar 13, 202414:515T)
Lauren Prieur, P.E.
Director, TPW
APPROVED AS TO FORM AND
LEGALITY:
DHIack (Mar 18, �02423:39 CDT)
Douglas W. Black
Assistant City Attorney
ATTEST:
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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.
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Max Aranses) (Mar 13, 202414:32 CDT)
Max Aransen
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment To Storm Drain License Page 3 of 4
N Main Street, Fort Worth, TX
FWWR MP 5.7 Fort Worth Sub
Document No. 20240206-01
Exhibit C
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First Amendment To Storm Drain License Page 4 of 4
N Main Street, Fort Worth, TX
FWWR MP 5.7 Fort Worth Sub
Document No. 20240206-01