HomeMy WebLinkAboutContract 38757-CA1 (2)ly
N R CT NO�
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NOS. 300859 33346, AND 33445
(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; QUICKSILVER RESOURCES INC. ("Assignor" or
"Company"), a Delaware corporation; and COWTOWN PIPELINE L.P. ("Assignee"), a
Texas limited partnership acting by and through its sole general partner, Cowtown Pipeline
Management, Inc., a Texas corporation.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. The City and Chief Oil and Gas, LLC previously entered into City Secretary Contract Nos.
30085, 33346, and 33445 (the "License Agreements"), licenses to erect, construct, install, maintain
and transport Gas through Pipelines in certain Public Rights -of --Way in the City. The License
Agreements were subsequently assigned to Assignor. The City consented to such assignment
pursuant to City Secretary Contract No. 38757 (the "Prior Consent"). The Prior Consent and the
License Agreements are public documents on file in the City Secretary's Office.
B. Assignor has assigned to Assignee all of Assignor's right, title and interest of Company
under the License Agreements; Assignee has accepted such assignment, pursuant to that certain
Assignment and Conveyance( the "Assignment"), executed the 11th day of June, 2009, but to be
effective as of August 8, 2008 (the "Effective Date"), by and between Assignor and Assignee;
and the City is willing to consent to the 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 of Company in the License Agreements, effective as of the 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
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
he License Agreements and the Assignment, the License Agreements shall control as between
the City on the one hand and Assignor and Assignee on the other.
4:
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Consent to Assignment of CSC Nos. 30085, 33346, and 33445
by .Quicksilver Resources In . to Cowtown Pipeline L.P.
Page l
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. Notwithstanding the foregoing, neither this Paragraph 4 nor any other provision
of this Consent shall alter, amend, or otherwise affect any separate agreements between Assignor
and Assignee regarding the Assignment or the License Agreements, including but not limited to
allocations of risk, indemnity, or assumption of obligations as between Assignor or Assignee that
may be provided in those separate agreements.
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:
Cowtown Pipeline L.P.
Attn: Law Department
777 W. Rosedale St.
Fort Worth, TX 76104
To Assignor:
Quicksilver Resources Inc..
Attn: Law Department
777 W. Rosedale St.
Fort Worth, TX 76104
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 each signature, but to be effective as of the
Effective Date:
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
Date:IL
7 0
ATTEST:
By:
Consent to Assignment of CSC Nos. 30085, 33346, and 33445
by Quicksilver Resources Inc. to Cowtown Pipeline L.P.
f
City Secretary
NO M&C REQUIRED
1,
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: none required
QUICKSILVER RESOURCES INC.
a Delaware corporation:
By:
Name:
Title, GFAt, t
Date: 711 G1
COWTOWN PIPELINE L.P.,�l
a Texas limited partnership:
By: Cowtown Pipeline Management, Inc.,
a Texas corporation and its sole
general partner: A _
Nan Fr�
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��1=FICYi�IL REC®RD
`*17Y SECRETARY
WORTH, TX
Consent to Assignment of CSC Nos. 30085, 33346, and 33445
by Quicksilver Resources Inc. to Cowtown Pipeline L.P.
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