HomeMy WebLinkAboutContract 38662-TA1CITY SECRETARY
CONTRACT NO r �21
NATURAL GAS PIPELINE TERMINATION AGREEMENT
(CITY SECRETARY CONTRACT NO.38662)
This NATURAL GAS PIPELINE TERMINATION AGREEMENT ("Agreement")
is hereby made and entered into by and between the CITY OF FORT WORTH (the "City"), a
home rule municipal corporation organized under the laws of the State of Texas and acting by
and through Dale Fisseler, its duly authorized Assistant City Manager, and TEXAS
MIDSTREAM GAS SERVICES, L.L.C. ("TMGS"), an Oklahoma limited liability company
and acting by and through J. Michael Stice, its duly authorized President and Chief Operating
Officer.
WHEREAS, on or about October 23, 2008 the City and TMGS entered into a Natural
:;as Pipeline Agreement, on file as a public document with the City Secretary as City Secretary
Contract No. 38662, M&C No. L44595 (the "Pipeline Agreement") and in the real property
records of Tarrant County under Instrument No. D208405506, under which the City agreed to
permit the construction of a natural gas pipeline over certain City property; and
WHEREAS, pursuant to the letter attached hereto as Exhibit "A", which is hereby made
a part of this Agreement for all purposes, TMGS has requested that the Pipeline Agreement be
terminated by mutual agreement; and
WHEREAS, the City is not opposed to a termination of the Pipeline Agreement;
NOW, THEREFORE, the City and TMGS agree as follows:
1. The City and TMGS hereby mutually agree that City shall retain the License Fee paid by
TMGS for the Pipeline Agreement under City Secretary Contract No. 38662.
2. TMGS hereby affirms that, at the date of termination, the City property that is the subject
of the Pipeline Agreement has not been disturbed by any activities related to the
construction of the natural gas pipeline.
3. The City and TMGS hereby mutually agree to terminate the Pipeline License Agreement,
to be effective as of the day of June, 2009.
IN WITNESS WHEREOF, the City and TMGS have executed original duplicates of
this Agreement to be effective as of the day of June, 2009:
Natural Gas Pipeline License Termination Agreement
Texas Midstream Gas Services, L.L.C.
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
By: wiryd
Melinda Ramos
Assistant City Attorney
M & C: none required
Natural Gas Pipeline License Termination Agreement 2
Texas Midstream Gas Services, L.L.C.
TEXAS MIDSTREAM GAS SERVICES, L.L.C.:
By: ( )nL
J. Michael Stice M'(
President and Chief Operating Officer
ATTEST: GASCO
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By: ju
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STATE OF OKLAHOMA §
COUNTY OF OKLAHOMA §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared J. Michael Stice, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of Texas Midstream Gas Services, L.L.C., and that he executed the same
as the act of Texas Midstream Gas Services, L.L.C. for the purposes and consideration
therein expressed and in the capacity therein stated.
2009.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
•o1ray,y
K O7Ga1G5� .� ~
` EXp• Ot120111ji
Notary
OF Off'„ •``�
STATE OF TEXAS §
COUNTY OF TARRANT §
State of Oklahoma
day of June,
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Fernando Costa, known to me to be the 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 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 �— day of June,
009.
2
Notary Public in and for the State of Texas
"`'�''•`°��- HETTIE LANE
s.
COMivIISSION EXPIRES
July 26, 2011
Natural Gas Pipeline License Termination Agreement
Texas Midstream Gas Services, L.L.C.
��N - =-AW 40
10
Michael F. McCann
Staff Attorney
VIA HAND DELIVERY AND ELECTRONIC MAIL jean.petr@fortworthgov.org
June 4, 2009
City of Fort Worth
Jean Petr, Land Agent
900 Monroe, Suite 404
Fort Worth, TX 76102
Subject: City Contract No:38662, Request for Termination of Texas Midstream Gas
Services, L.L.C. License Agreement, M&C L-14595
Dear Ms. Petr:
Please accept this letter and attached Natural Gas Pipeline Termination Agreement (4
originals) as the formal request of Texas Midstream Gas Services, L.L.C. (TMGS) to
terminate the above referenced agreement. If acceptable, please have the City execute
the attached agreements and return a fully executed copy back to me at the below listed
address. Should you have any questions or concerns I may be contacted at 817-502-
5697.
Respectfully,
M
chael F. cCann
Enclosures (4)
Chesapeake )Energy Corporation
100 Energy Way > Fort Worth, TX 76102
817.502.5697 •fax 817.810.0224 • michael.mccann@chk.com
i iA ReclUesi Page 2
cc: City of Fort Worth
Department of Law
Attn: Attorney for Real Property
1000 Throckmorton
Fort Worth, Texas 76102
melinda.ramos@fortworthgov.org
Texas Midstream Gas Services, L.L.C.
Attn: Ms. Coleen Magness
Director — Right of Way Coordination
P.O. Box 18162
Oklahoma City, OK 73154-0162