HomeMy WebLinkAboutContract 61560CSC No. 61560
REVOCABLE RIGHT OF ENTRY PERMIT
THE CITY OF FORT WORTH, TEXAS
Right of Entry No. 690EG4-24-H-00003
Description: Future City of Fort Worth, TX, Fort Worth Air Traffic Control Tower
(FTW ATCT)
This revocable Right -of -Entry Permit, hereinafter "ROE," made and entered into this date by City of
Fort Worth, TX (hereinafter referred to as the Grantor or "City") and the United States of America,
and the Federal Aviation Administration, (hereinafter referred to as the FAA or Grantee).
WITNESSETH:
WHEREAS, The City is the owner of the above- referenced land, hereinafter referred to as the
Premises, and
WHEREAS. the use of the demised premises are for airport purposes; and
WHEREAS; the Grantee has requested the use of the Premises for the purpose(s) of construction of
the Air Traffic Control Tower; and
WHEREAS, it has been determined by the City that the Grantee's use of the Premises will not
interfere with, or adversely impact the City of Fort Worth's mission, and has also determined that the
use by the Grantee for the purpose(s) described herein is in the best interest of the City and FAA.
THEREFORE, this ROE is granted subject to the following terms and conditions:
1. TERM: This ROE is effective from the date of execution by both parties for a period of 24
months unless extended via an amendment and ends with either the expiration of the ROE or
transfer of the demised premises via an accepted conveyance document or a new lease is
executed and is mutually revocable by either City of Fort Worth. or FAA by giving at least a one -
hundred eighty -day (180) day notice in writing.
2. DESCRIPTION OF PROPERTY: The Premises granted under this ROE are described and
depicted in Exhibits A attached hereto and made a part hereof.
Federal Aviation Administration OFFICIAL RECORD
Revocable ROE Permit Between City of Fort Worth and Grantee CITY SECRETARY
Rev. 04/2019 FT. WORTH, TX
Right Of Entry No. 690EG4-24-H-00003
City of Fort Worth, Fort Worth TX
ATCT
3. SUPERVISION: The use and occupation of the Premises shall be subject to the general
supervision and approval of the City, and to such direction, rules, requirements, and regulations
as may be prescribed by the FAA. CONDITIONAL USE BY GRANTEE: The exercise of the
privileges herein granted shall be:
a. without cost or expense to the FAA;
b. subject to the right of the FAA to access, improve, use, or maintain the Premises at its sole
and absolute discretion;
c. non-exclusive: and
d. Personal to the Grantee-- this ROE and the interest therein granted may not be transferred or
assigned, nor shall it transfer or otherwise convey to Grantee's heirs or successors. This ROE
shall be extinguished upon the occurrence of any of the following: (i) the fulfillment or
completion of the purpose(s) for which this ROE is granted; (iii) the revocation of this ROE
by either the City or FAA; (iv) the expiration of the term hereof; or (v) the abandonment of
this ROE by the Grantee.
4. CONDITION OF PREMISES: The Grantee acknowledges that it has inspected the Premises,
knows its condition, and understands that permission to use the same is granted without any
representations or warranties whatsoever and without any obligation oil the part of the City of
Fort Worth.
5. LAWS AND ORDINANCES: In the exercise of the privileges granted by this ROE, Grantee
shall comply with all applicable state, municipal and local laws, and the laws, rules, orders,
regulations, and requirements of the United States.
6. PERMITS DISPUTES:
a. Should disagreements arise on the interpretation of the provisions of this
agreement or amendments and/or revisions thereto, that cannot be resolved at the
operating level, the area(s) of disagreement shall be stated in writing by each
Party and presented to the other Party for consideration. If agreement or
interpretation is not reached within 30 days, the Parties shall forward the written
presentation of the disagreement to respective higher officials for appropriate
resolution.
b. If a dispute related to funding remains unresolved for more than 30 calendar
days after the Parties have engaged in an escalation of the dispute, disputes will
be resolved in accordance with instructions provided in the Treasury Financial
Manual (TFM) Volume I, Part 2, Chapter 4700, Appendix 10.
Federal Aviation Administration
Revocable ROE Pen -nit Between City of Fort Worth and Grantee
Rev. 04/2019
Page 2
Right Of Entry No, 690EG4-24-11-00003
City of Fort Worth, Fort Worth TX
ATCT
7, SPECIAL, USE CONDITIONS:
a. This permit shall not be assigned or transferred, except by written consent of City of
Fort Worth, which shall not be unreasonably withheld.
b. Grantee shall be solely responsible for securing the Premises and any equipment and
personal property brought upon the Premises for Grantee's purposes. Grantor shall
not be liable for any theft or damage to such equipment or personal property.
In accordance with and subject to the conditions, limitations and exceptions set forth in
the Federal Tort Claims Act, 28 U.S.C. Ch. 17, the Government will be liable to persons
damaged by any personal injury, death or injury to or loss of property, which is caused by
a negligent or wrongful act or omission of an employee of the Government while acting
within the scope of his office or employment under circumstances where a private person
would be liable in accordance with the law of the place where the act or omission
occurred. The foregoing shall not be deemed to extend the Government's liability beyond
that existing under the Act at the time of such act or omission or to preclude the
Government from using any defense available in law or equity.
a. In the event an accepted conveyance document or a new lease for the Premises is not
executed by the Parties within TWENTY-FOUR (24) MONTHS from the date of
execution of this ROE by Grantor, Grantee shall, at its sole cost, remove equipment
and other personal property and debris from the Premises and restore and repair the
Premises to the condition existing as of execution of this ROE or to another condition
deemed acceptable by the both parties.
The right of entry granted hereunder shall be subject to all easements, encroachments,
covenants, restrictions of record and not shown of record and any other title
encumbrances or defects affecting the Premises.
All notices sent to the Parties under the Permit shall be addressed as follows:
City of Fort Worth, TX
Attn: Valerie Washington, Assistant City Manager
1000 Throckmorton Street
Fort Worth, TX 76102
aaron.barth,c fortworthtexas.�_ ov
817 392-5406work
Federal Aviation Administration
Revocable ROE Permit Between City of Fort Worth and Grantee
Rev. 04/2019
Page 3
Right Of Entry No. 690EG4-24-H-00003
City of Fort Worth, Fort Worth TX
ATCT
Federal Aviation Administration
777 Aviation Blvd., Suite 150
El Segundo, CA 90245
Attn: Wayne Darrington. Real Estate Contracting Officer
This Right of Entry Permit with its terms and conditions is hereby executed by the City of Fort Worth,
TX, and the FAA this day of 2024.
The City of Fort Worth
By: Vater:eWas hington L un 4, 2021 18:11 CDT;
WashingtonPrint Name: Valerie
Title: Assistant City Manager
Date:. Jun 4, 2024
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: a�7
Print Name: Wayne Darrington
Title: Real Estate Contracting Officer
Date: )�/�'o ;-�y
Federal Aviation Administration
Revocable ROE Permit Between City of Fort Worth and Grantee
Rev.04/2019
Legal Approval
By.
PrintName: Jeremy AnatO-Mensa. it
Title: Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 4
U.S. Department
of Transportation
Federal Aviation
Administration
THIS understanding ("MOU") is made between The City of Fort Worth Texas ("City") and the
Federal Aviation Administration (the Parties''). This understanding shall become effective when it is fully
executed by all parties.
FAA AUTHORITY: The authority of the FAA to enter into this MOU is provided by 49 U.S.C.
106(1)(6) and 106(m), where Congress provided the FAA with specific authority to "enter into and
perform such contracts, leases, cooperative agreements or other transactions as may be necessary to carry
out the functions of the Administrator and the Administration" with any Federal or non -Federal entity
"Oil such terms and conditions as the Administrator may consider appropriate."
WITNESSETH: The parties hereto, for the consideration hereinafter mentioned covenant and agree
as follows:
WHEREAS, the FAA and City have entered into Memorandum of Agreement (MOA) No. DTFACN-
15-L-00122 for the construction, operation, relocation, and maintenance of FAA owned navigational and
communication aid systems for the support of Air Traffic Operations on the City land.
WHEREAS, the ATCT is identified on the Airport Layout Plan;
WHEREAS, the FAA is exploring a future replacement of the ATCT at the Airport;
NOW, THEREFORE, the parties mutually agree as follows:
The FAA completed Airport Facilities Terminal Integration Laboratory (AFTIL) 1 & 2 process
on November 3, 2022. AFTIL 3 was completed on April 18, 2023, as shown on the attached EXHIBIT
A. Final siting report will be re -validated in May 2024,
1. Site 5: This site provides full view of the runway and airport.
Latitude: 32°49'3.96" N Longitude: 9721'46.08 W"
The estimated ground elevation at this lat/long is 675'
Cab Floor Height 794' AMSL (119' AGL)
Maximum Overall ATCT Height 834' AMSL (159 AGL)
The City recognizes that the FAA requires time to conduct reviews to include obstruction evaluation.
security assessment and environmental review to determine the final location.
The City agrees to reserve Site 5 for a period of TWENTY-FOUR (24) months from the date of signature.
After twenty-four, it is agreed that The City may release subject sites for other consideration, unless
extended by supplemental amendment or a new lease is executed.
This MOU represents the entire agreement of the Parties and may be modified only by written
agreement of the Parties.
M
In entering into this MOU. The City and FAA recognize that it is impracticable to make provisions
for every contingency that may arise during the term of this MOU. The City and the FAA concur in
principle that their relationship �,vithin the framework of the MOU shall be characterized by fairness
and shall be mai I aged without detriment to the interest of any party. If. during the term of this
MOU. any party has reason to believe this principle has been or will be compromised, the parties
shall consult each other in a good faith endeavor to agree upon such action(s) as may be necessary
to eliminate the cause(s) for the compromise.
IN WITNESS WHEREOF, the parties subscribed their names as of the above date
THE CITY OF FORT WORTH_ TEXAS
BY .o Assistant City Manager Jun 6 2024
IW h g 2# 1 CDT 7
Signature Title Date
IN THE PRESENCE OF (witnessed by)
Signature
UNITED STATES OF AMERICA:
BY � ?�-
Sign n-e
Assistant City Attorney Jun 6, 2024
Title Date
Contracting Officer
Title
Date