Loading...
HomeMy WebLinkAboutContract 39266-A1AMENDMENT Ov I LMPORARY WATER LINE PERMIT AGREEMENT [CSC. No. 39266] THIS AMENDMENT OF TEMPORARY WATER LINE PERMIT AGREEMENT is entered into as of the date set forth below by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Parker and Wise Counties, Texas (hereinafter referred to as the "City"), and QUICKSILVER RESOURCES INC., (hereinafter referred to as "Company"), a Delaware Corporation. WHEREAS the City and the Company entered in a Temporary Water Line Agreement ("City of Fort Worth Contract No. 39266"), for a term of 18 months from May 6, 2009 through November 6, 20105 N WHEREAS, the City and the Company wish to continue in their relationship and desire to amend the Agreement for the purpose of extending the term; WHEREAS Fort Worth M&C L-15095, November 9, 2010, approved a 12 month extension thereof; NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That the City and the Company do hereby agree to amend and renew the Agreement as follows: 1. That City Secretary Contract No. 39266 is hereby amended to extend the term of the Agreement. Section 3 is hereby amended to add a second paragraph to read as follows: In addition, by agreement of the Parties, this Agreement is extended through November 63 2011, subject to earlier termination as provided herein. 2. That all other terms and conditions of City Secretary Contract No.39266, not expressly amended herein, shall remain in full force and effect throughout the term of this Agreement. OFFICIAL RECORD CITY SECRETARY F r. WORTH, TX IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this ��day of , 2010, in Fort Worth, Tarrant County, Texas CITY OF FORT WORTH I� f Date: Fernando Costa Assistant City Manager %O Quicksilver Resources Inc. By: Right -of --Way Manager &Attorney -In -Fact Approved as to form a�L gality: By: Melinda Ramos Assistant City Attorney ttested: Marty Hendriaf Fort Worth City Secrettp&4&IFOP 0000000 ? M&C L-15095 d� oUo yap 0` (� rl CO, cy+ r o06 �nO0�T.�. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 3 ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, a home -rule municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. !'V4 MY COMMISSION EXPIRES [ March 31, 2013 Notary Public in and for the State of Texas My Commission Expires: � � 3 � / � n /e0.5,r�//,o? A)1R1V9,.S Print Name of Notary Public Here THE STATE OF �� t<S § COUNTY OF T_k f t R § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Don Cotten, on behalf of Quicksilver Resources Inc. a Delaware Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this k_T day of , 2010. [SEAL] Public in and for the State of My Commission Expires: 3 • /� . Z�/ .3 Print Name of Notary Public MIMI ELAINE KEENOM My Commission Expires March 130 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX Page 3 of 3 M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 11/9/2010 Official site of the City of Fort Worth, Texas REFERENCE 062050 EXTENSION DATE: 11/9/2010 NO : L-15095 LOG NAME: OFTEMPORARY WATER LINE CODE: L TYPE. NON- PUBLIC NO CONSENT HEARING: SUBJECT: Approve the Extension of the Temporary Water Line Permit Agreement with Quicksilver Resources, Inc. in the Amount of $8,943.36 for a Twelve Month Period in the A.C. Warren Survey, A-1687, and the C. Harmon Survey, A-737, on the South End of Alliance Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the Temporary Water Line Permit Agreement with Quicksilver Resources, Inc., for an above ground temporary water line across City -owned property known as the Alliance Airport for an additional twelve months at a total cost of $8,943.36. DISCUSSION: On August 18, 2009 (M&C L-14820), the City Council approved a Temporary Water Line Permit Agreement with Quicksilver Resources, Inc. for the installation of an above ground temporary water line across city -owned property in the A.C. Warren Survey, A-1687, and the C. Harmon Survey A- 737, to serve the Alliance Brewer and Alliance A wells. The temporary water line is located on the south end of Alliance Airport on undeveloped property. The original agreement allowed for 3,726.4 linear feet of 10 inch in diameter aluminum pipe within a 10 foot wide strip of land across the properties (0.839 acres more or less) for a term of 18 months ending on November 6, 2010. Representatives of Quicksilver Resources, Inc. have approached the city requesting an extension of the Temporary Water Line Permit Agreement for an additional 12 months ending on November 6, 2011. Quicksilver Resources, Inc. has agreed to pay the standard fee of $0.20 per linear foot of pipeline per month for a total cost of $8,943.36. All other terms of the Temporary Water Line Permit Agreement will remain the same. Quicksilver Resources, Inc. will be responsible for repairing and restoring any damage to the strip of land or surrounding property resulting from the installation and removal of the water line. The Property is located in COUNCIL DISTRICT 2, the CITY OF HASLET, MAPSCO 7P AND 7Q FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers P240 446310 551929990100 4 471.68 T125 446310 055125099901 $4,471.68 Submitted for City Manager's Office bv: FROM Fund/Account/Centers Fernando Costa (6122) http://apps.cfwnet.org/council�acket/mc review.asp?ID=14374&councildate=ll/9/2010 11/15/2010