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HomeMy WebLinkAbout025038 - Construction-Related - Contract - Dallas Fort Worth International Airport BoardLICENSE CITY SECRETARY 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 "Airport"), and the City of Ft. Worth, Texas, an incorporated Home Rule City, (hereinafter called "Ft. Worth"), and is effective as of the /5day of , 1999. WHEREAS Fort Worth desires to install a sanitary sewer line and all reasonable and necessary appurtenances (hereinafter referred to as "Line"), on 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, Airport and Fort Worth agree as follows: 1. Airport 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 hereinbelow provided, a sanitary sewer line. The construction shall be done on the Licensed Premises. Said construction shall be in accordance with the Plans approved in writing by Airport'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 and usable condition consistent with other sanitary 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 the 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 Airport shall be the termination of this Agreement and all rights to the Licensed Premises. The standard for maintenance as recited above shall not be deemed as the Airport's adoption of such ordinance and regulations of Fort Worth. 3. Airport 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. Airport shall pay its construction costs related to accomplishing tie-in to the line and sanitary GCO L E11 C©RD CNN ��. W05 EITb M . sewage usage fees, reasonable and customary, following any tie-in. 4. Airport shall have the right at any time to revoke this Agreement upon a finding based upon substantiated facts that the Line causes a safety hazard to operations at the Airport, or for any breach of the terms of this Agreement not corrected by Fort Worth within (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 Airport'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 Airport, promptly, and in the manner directed by Airport'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, Airport may remove the Line and restore the Licensed Premises and Fort Worth shall pay Airport the cost of such work. Notwithstanding the above, if prior to abandonment of the Line the Airport has tied into the Line, then Fort Worth shall not abandon without first notifying the Airport twelve (12) months in advance and working with the Airport 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 License 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 Airport should require the Licensed Premises during the term of this Agreement, upon twelve (12) months' prior notice to Fort Worth, Airport 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 Airport shall terminate this License. In the event of such termination by the Airport, Airport shall pay to Fort Worth the Pj 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 Airport. 10. Within sixty (60) days immediately following completion of the Line, Fort Worth agrees to provide the Airport 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. 11. This License is not intended as the grant of an exclusive right or interest. Airport 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 Airport: Dallas -Fort Worth International Airport Board Attn: Executive Director Post Officer Drawer 619428 Dallas -Fort Worth 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 sewer line 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 Airport 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 adjoinging landowner. EXECUTED IN TRIPLICATE THIS /AY OF &I2ALLJ , 1999, the City of Fort Worth signing through its City Manager, , and the Dallas -Fort Worth International Airport Board signing through its Executive Director as authorized by resolution passed on , 1999, each attesting through its Secretary and thereafter notarized accordingly. DALLAS FORT WORT TNTER TIONAL AIRIPOIT BOARD I� APPROVED AS TO FORM: 'teg4tC unse for the Board ATTEST: -taff Secretary for the Board CITY FOR O By "City Manager, City of Fort Worth A TEST: ecretary, Cit of Fort Worth APPROVED AS TO FORMS j'r.City Attorney, City of Fort Worth s:\docs\other\licenseagrmntftworth r Contract Authorization Date EXHIBIT "A" PARCEL No. 1 PE 0 30 60 120 SCALE IN FEET N 00' 15'46"W 3.44' P.0.B.J DFW CONC. MONUMENT CURVE TABLE NUMBER DELTA RADIUS ARC CHORD BEARING C-1 01'00'41 " 11609.16 204.91 204.90 S 83'14'33"W J. BURNETT SURVEY ABSTRACT No. 178 34.803 ACRES DALLAS -FORT WORTH REGIONAL AIRPORT BOARD VOL. 6653, PG. 856 D.R.T.C.T. Licensed Area — 2.641 SO. FT. OR 0.061 AC. 203.23'. G'1 �.G ,-- S 12' 18'00 "E 23.15' 4 T42'0' 1073.40' CHORD=N 5523'16"E (DEED=1073.89') (REFERENCE BEARING) CITY OF DALLAS & FORT WORTH VOL. 7726, PG. 1848 D.R.T.C.T. TRACKS -' �-- CLCL 0 ROAD f 7/8'IRON .- ROD FOUND SANITARY SEWER MAIN M-C1C4B DRAINAGE PARCEL No. 1PE AREA (GROUP 6, CONTRACT 2) PART 4 DOE No. 1829 4000 STATE HIGHWAY 360 TRACT 2A3, J. BURNETT SURVEY, ABSTRACT No. 178 EXHIBIT "A" Being a Permanent Utility Easement out of a 34.803 acre tract of land situated in the J. Burnett Survey, Abstract No. 178, in the City of Fort Worth, Tarrant County, Texas, said 34.803 acre tract of land being deeded to the Dallas -Fort Worth Regional Airport Board as recorded in Volume 6653, Page 856 of the Deed Records of Tarrant County, Texas, said Permanent Utility Easement being more particularly described by metes and bounds as follows: BEGINNING at a DFW concrete monument found for the southwest corner of said 34.803 acre tract of land and being the southeast corner of Lot 1, Block 1 of International Airport Substation Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-213, Page 59 of the Plat Records of Tarrant County, Texas, said DFW monument being in the north line of a tract of land deeded to the City of Dallas and Fort Worth as recorded in Volume 7726, Page 1848 of the Deed Records of Tarrant County, Texas, said DFW concrete monument also being in a curve concave to the southeast and from which a 7/8 inch iron rod found for the southeast corner of said 34.803 acre tract of land bears a chord bearing of North 85 degrees 23 minutes 16 seconds East (Reference Bearing), a distance of 1073.40 feet (Deed=1073.89 feet), said 7/8 inch iron rod being at the intersection of the west right-of-way line of State Highway No. 360 with the north line of the Dallas and Fort Worth tract of land; THENCE North 00 degrees 15 minutes 46 seconds West, with a common line between said 34.803 acre tract of land and said Lot 1, a distance of 3.44 feet to a point for corner; THENCE North 77 degrees 42 minutes 00 seconds East, a distance of 203.23 feet to a point for corner; THENCE South 12 degrees 18 minutes 00 seconds East, a distance of 23.15 feet to a point for corner in the south line of said 34.803 acre tract of land and being in the north line of said Dallas and Fort Worth tract of land, said point being in a non -tangent curve to the left with a radius of 11609.16 feet, a central angle 01 degrees 00 minutes 41 seconds and a chord bearing of South 83 degrees 14 minutes 33 seconds West, a distance of 204.90 feet; THENCE with said non -tangent curve to the left, the south line of said 34.803 acre tract of land and the north line of said City of Dallas and Fort Worth tract of land, an arc length of 204.91 feet to the POINT OF BEGINNING and containing 2,641 square feet or 0.061 acres of land, more or less. Date:_ Jon . Coope Re ' ered Professional Lan Surveyor No. 5254 Page 3 of 4 GORRONDONA & ASSOCIATES. INC. • 6737 BRENTWOOD STAIR ROAD SUITE 224 • FORT TX 76112 • PH. 817-496-1424 FAX 817-496-1768 City of Fort Worth, Texas tflJAyor and Council communication DATE REFERENCE NUMBER LOG NAME PAGE 4/6/99 L-12474 30BURN I of I SUBJECT ACQUISITION OF A LICENSE AGREEMENT FROM THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD FOR A SANITARY SEWER MAIN M -398R OUT' OF THE C1 C4B DRAINAGE AREA (GROUP 6, CONTRACT 2), PART 4 (DOE 1829) It is recommended that the City Council approve the acquisition of one license agreement from the Dallas/Fort Worth International Airport Board for $1.00, in connection with the construction of sanitary sewer main M -398R. U1U11b1fSJ This license agreement is necessary for the construction and •future maintenance of sewer improvements to M -398R. The property is located in east Fort Worth near the intersection of State Highway 360 and Trinity Boulevard and is further described as follows: Grp Type Legal Descri tion Area Square Fe Amount Dallas/Fort Worth License A portion of Tract 2A03 of the 2,641 $1.00 International Agreement J. Burnett Survey, A-178, Airport Board Tarrant County, Texas This property is located in COUNCIL DISTRICT 5, Mapsco 56T. The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper -Sewer Fund. MG:k Submitted for City Manager's Office by: Mike Groomer 6140 A. Douglas Rademaker 6157 A. Douglas Rademaker 6157 FUND I ACCOUNT 11 CENTER I AMOUNT CITY SECRETARY APPROVED CITY COUNCIL A & 1999 1.00 Cftp secretary of am City of Fort Worth, Texas INTEROFFICE MEMO To: GARY E. GRIFFIN - REAL PROPERTY MANAGEMENT From: MARIBEL LUTTRELL, CITY SECRETARY OFFICE Date: April 15, 1999 Subject: AQUISTION OF A LICENSE AGREEMENT FROM THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD FOR THE CONSTRUCTION OF SANIATRY SEWER MAIN M -398R (M&C L-12474) Attached are (4) contracts, with the above referenced contractor for Construction of Sanitary Sewer Main M -398R out of the CIC4B Drainage Area (Group 6, Contract 2), Part 4 (DOE 1829). All signatures, except the above referenced contracting part, have been affixed. Please obtain the necessary signature and then return the copy stamped "Official Record City Secretary Fort Worth, TX" to the Office of the City Secretary for the assignment of a contract number. Thank you in advance for your cooperation. If you have any questions, please feel free to call me at 6153. FoP,TWOP,TH INTER -OFFICE CORRESPOND NCE DATE: JULY 13,1999 TO: GLORIA PEARSON FROM: GARY GRIFFIN Real Property Management RE: Completion of Instrument Processing 13.999 The attached instrument(s) recorded for record at the Tarrant County Courthouse are being forwarded to your department for filing in the official records of the City of Fort Worth. Thank you. encl. cc: File ENGINEERING DEPARTMENT REAL PROPERTY MANAGEMENT THE CITY OF FORT WORTH * 927 TAYLOR STREET * FORT WORTH, TEXAS 76102-4605 (817) 871-8362 * FAX (817) 871-8361 0 Printed on recycled paper