HomeMy WebLinkAboutContract 38757 (2)CITY
NO 21S
CONSENT TO ASSIGNMENT OF
(PUBLIC RIGHT-OF-WAY USE AGREEMENTS)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS.
30085, 33346, AND 33445 ("Consent") is made and entered into by and between the CITY OF
FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under the
laws of the State of Texas; CHIEF OIL AND GAS, LLC ("Assignor" or "Company") a
Texas limited liability company, and QUICKSILVER RESOURCES, INC. ("Assignee"), a
Delaware corporation.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. The City and Assignor previously entered into City Secretary Contract Nos. 30085, 33346,
and 33445, licenses to erect, construct, install, maintain and transport Gas through Pipelines in
certain Public Rights -of --Way in the City (the "License Agreements"). The License Agreements
are public documents on file in the City Secretary's Office.
B. The City, Assignor, and Crosstex North Texas Gathering, L.P. ("Crosstex"), a Texas
limited partnership, previously entered into that certain Consent to Assignment agreement (City
Secretary Contract No. 34006) pursuant to which the City consented to the assignment by Assignor
to Crosstex of all of Assignor's right, title, and interest in the License Agreements. However, as
outlined in that certain letter dated on or about August 5, 2008 and signed by both Assignor and
Crosstex, a copy of which has been provided to the City, such assignment was never actually
consummated. As a result, Assignor retained its original full right, title, and interest in the License
Agreements.
C. Assignor now wishes to assign to Assignee alI of Assignor's right, title and interest of
Company under the License Agreements; Assignee wishes to accept such assignment; and the
City, is willing to consent to such assignment subject to the terms and conditions set forth in this
Consent.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor, and Assignee and agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Company pursuant to the License Agreements (the "Assignment"), effective
as of the last date that the City, Assignor, and Assignee have executed this Consent ("Effective
Date"). The License Agreements are incorporated herein by reference for all purposes.
2. The City does not adopt, ratify or approve the particular provisions of any written or oral
agreement or understanding that may have made or reached by and between Assignor and
Assignee as part of or in regard to the Assignment. The City does not grant any right, privilege
Consent to Assignment of CSC Nos. 30085, 33346, and 33445 T
by Chief Oil and Gas, LLC to Quicksilver Resources, Inc.
Page 1 i C"SECMARY
or use to Assignee that is different from or more extensive than any right, privilege or use
granted to Company pursuant to the License Agreements. In the event of any conflict between
the License Agreements and the Assignment, the License Agreements shall control.
3. The City consents to the Assignment expressly upon the promise and covenant by
Assignee, and Assignee hereby promises and covenants to the City, that as of the Effective Date
Assignee will faithfully perform, as an independent contractor, all duties and obligations of
Company set forth in the License Agreements.
4. Assignor understands and agrees that Assignor and Assignee will be jointly and severally
liable to the City for (i) any duty or obligation of Company that Assignor was required by the
License Agreements to undertake or perform prior to the Effective Date and (ii) for any damages,
including, but not limited to, property loss, property damage and/or personal injury off any kind,
including death, to the extent caused by Assignor, its officers, agents, servants, employees or
subcontractors.
5. Notices required pursuant to the provisions of the License Agreement shall be
conclusively determined to have been delivered when hand -delivered or mailed by United States
Mail, postage prepaid, return receipt requested, addressed as follows:
To Assignee:
Quicksilver Resources, Inc.
Attu:
777 Rosedale St.
Ft. Worth, Texas 76104
To Assignor:
Chief OiI &Gas LLC
Attn0 Joel Ward
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
6. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the License Agreements.
EXECUTED as of the latest date below:
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date:
ATTEST:
By:
Consent to &ssient of CSC Nos. 30085, 33346, and 33445
by Chef Oi! and Gad, LLC to Quicksilver Resources, Inc.
Page 2
Marty Hendrix
City Secretary
APPROVED AS TO FM ORAND LEGALITY:
By:
Peter Vaky
Assistant City
M&C: none required
CHIEF OIL &GAS LLC,
a Texas limited liability company.
Name: David M. Hundley
Title: Senior Vice President
Date:
QUICKSILVER RESOURCES, INC.
a Delaware corporation.
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Consent to Assignment of CSC Nos. 30085, 33346, and 33445
by Chief Oil and Gas, LLC to Quicksilver Resources, Inc.
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