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'MU CKWOOD PARK DRIVE
AND ACCESS ROAD LICENSE AGREEMENT
This ROCKWOOD PARK DRIVE AND ACCESS ROAD LICENSE
AGREEMENT ("Agreement") is hereby made and entered into by and between the CITY OF
FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the
State of Texas and acting by and through Charles Daniels, its duly authorized Assistant City
Manager, and CHESAPEAKE OPERATING, INC., ("Chesapeake"), an Oklahoma
corporation and a producer of natural gas and a wholly -owned subsidiary of Chesapeake Energy
Corporation an Oklahoma limited liability company,.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed this Agreement.
A. In response to citizens and neighbors concerns about criminal activity, Rockwood
Park Drive was barricaded preventing vehicular traffic access along Rockwood Park Drive from
White Settlement Road and it remains closed today.
B. On March 3, 2009, the Fort Worth City Council approved a waiver for the
Greenwood Pad Site Permit on Greenwood Cemetery property located within 600 feet of
Rockwood Park, provided the pad site boundary was 75 feet from the property line of the park,
and the use of Rockwood Park Drive to access the pad site.
C. After City Council approval of the Greenwood Pad Site Permit, afollow-up
survey by Chesapeake indicated that the Cemetery property did not abut Rockwood Park Drive
as previously thought and that the use of Rockwood Park property was needed to construct a
portion of the access road to the Cemetery's property line in order to reach the pad site.
D. Chesapeake wishes to construct an access road twenty-five (25) foot wide for a
distance of approximately 54.07 feet long across Rockwood Park from Rockwood Parlc Drive to
the edge of the Greenwood Cemetery Property for the purpose of constructing and maintaining a
gas drilling pad site and associated gas and saltwater pipelines on the cemetery property.
E. The City and Chesapeake will enter into a separate agreement for the installation
and placement of the gas and salt water pipelines.
F. The use of Rockwood Park Drive and the proposed access road is necessary to
allow access for construction and maintenance of the approved gas drilling pad site and
associated gas and saltwater pipelines
G. The City agrees to grant Chesapeake a license to use a portion of Rockwood Park
as set out in Exhibits "A" and "B" in order to use a portion of Rockwood Park Drive and to
construct, operate and maintain an access road, on the terms and conditions set forth herein,
solely for access to and the construction and maintenance of the pad site and associated gas and
saltwater: D
OFFICIA9e RECORD
Texas Midsre@ITVs.QM%bXVi�eline License Agreement -Rockwood Park
Page 1 of 2 FT WORTH TX
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Access Road shall mean the approximately 13457 square foot area of road being twenty-
five (25) foot wide and a distance of approximately 54.07 feet long across Rockwood
Park from Rockwood Park Drive to the edge of the Greenwood Cemetery Property as
depicted and set out in Exhibit "A".
Affiliate shall mean any individual, partnership, association, joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or controls, or is
owned or controlled by, or is under common ownership or control with, the entity in
question.
Agreement shall mean the authorization issued to Chesapeake hereunder to use a portion
of a public park known as Rockwood Park in the location as set out in Exhibits "A" and
"B" attached to and incorporated into to this Agreement for use of a portion of Rockwood
Park Drive and the construction of an access road twenty-five (25) foot wide for a
distance of approximately 54.07 feet long across Rockwood Park from Rockwood Park
Drive to the edge of the Greenwood Cemetery Property the purpose of constructing and
maintaining a gas drilling pad site and associated gas and saltwater pipelines on the
cemetery property.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
Commission shall mean the Railroad Commission of the State of Texas or other
authority succeeding to the regulatory powers of the Commission.
Director shall mean the Director of the City of Fort Worth's Parlcs and Community
Services Department or authorized representative.
Gas shall mean gaseous fuels such as natural gas including artificial gas, synthetic gas,
liquefied natural gas, manufactured gas, or any mixture thereof.
PACSD shall mean the City of Fort Worth Parks and Community Services Department.
Park shall mean only that portion of the dedicated public park called Rockwood Park
located at 701 North University Drive in Council District 7 as identified in Exhibit "B" of
this Agreement, attached hereto and hereby made a part of this Agreement for all
purposes.
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Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a join venture, a
business trust or any other form or business entity or association.
Rockwood Park Drive shall mean that portion of Rockwood Parlc Drive located in
Rockwood Park running from the north barricade at the entrance of Rockwood Park from
White Settlement Road to the southern edge of the Access Road as defined herein
2. GRANT OF RIGHTS.
2.1. Construction and Use of Access Road.
Subject to the terms and conditions set forth in this Agreement and the City Charter and
ordinances, the City hereby grants to Chesapeake a license to construct an Access Road,
as herein defined, across the Park from Rockwood Park Drive to the edge of the
Greenwood Cemetery Property the purpose of constructing and maintaining a gas drilling
pad site and associated gas and saltwater pipelines on the Greenwood Cemetery property
as depicted in Exhibits "A" and `B". Chesapeake hereby acknowledges and agrees that
this Agreement allows only the construction and use of the Access Road by Chesapeake
and its affiliated companies for the above purpose and does not allow Chesapeake and its
affiliated companies to use or allow any other Person to use the Access Road for any
other purpose.
2.2. Use of Rockwood Park Drive.
Subject to the terms and conditions set forth in this Agreement and the City Charter and
ordinances; the City hereby grants to Chesapeake a license to use a portion of the existing
Rockwood Park Drive located in Rockwood Park running from the north barricade at the
entrance of Rockwood Park from White Settlement Road to the southern edge of the
Access Road described in Exhibit "A" for the purpose of providing Chesapeake and its
affiliated companies ingress and egress to the proposed Access Road and the Greenwood
Cemetery gas drilling pad site. Chesapeake hereby acknowledges and agrees that this
Agreement allows only the use of Rockwood Park Drive by Chesapeake and its affiliated
companies for the above purpose and does not allow Chesapeake and its affiliated
companies to use or allow any other Person to use Rockwood Park Drive for any other
purpose.
2.3 Nonexclusive.
This Agreement and all rights granted to Chesapeake herein are strictly nonexclusive.
The City reserves the right to enter into and grant other and future licenses and other
authorizations for use of the Park and Rockwood Park Drive to other Persons and entities
in accordance with applicable law and as the City deems appropriate; provided, however,
that as to the grant of subsequent licenses that is solely within the discretion of the City, if
a dispute arises as to priority of the use of Rockwood Park Drive, the City will resolve
Chesapeake Rockwood Park Access Agreement
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such dispute in a manner that does not result in unreasonable interference with
Chesapeake's use of the Greenwood Cemetery gas well pad site or use of the Access
Road for the purposes provided for herein. This Agreement does not establish any
priority for the use of the Park or Rockwood Park Drive by Chesapeake or by any present
or future licensees or other permit holders. In the event of any dispute as to the priority
of use of the Park or Rockwood Park Drive, the first priority shall be to the public
generally, the second priority to the City in the performance of its various functions, and
thereafter, as between licensees and other permit holders, as determined by the City in the
exercise of its powers, including the police power and other powers reserved to and
conferred on it by the State of Texas.
2.4. Other Permits.
This Agreement does not relieve Chesapeake of any obligation to obtain permits, licenses
and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of the Access Road, Rockwood Park
Drive or any necessary gas drilling or pipeline permits.
3. TERM.
The "Initial Term" of this Agreement shall commence on the date of its execution
("Effective Date") and expire at 11:59 P.M. on September 30, 2030 or until all gas wells
on the Greenwood Cemetery pad site are plugged and abandoned, whichever comes first
unless terminated earlier as provided herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Chesapeake shall pay the City as compensation for its
use of Rockwood Park for the Term of this Agreement the sum of Forty - One Thousand
Nine Hundred Sixty One Dollars and Sixty Cents ($41,961.60) ("License Fee").
Chesapeake hereby acknowledges and agrees that the amount of this License Fee
constitutes just and reasonable compensation to the City for Chesapeake's and its
affiliated companies use of Rockwood Park.
4.2. Other Payments.
In addition to the License Fee, Chesapeake shall pay the City all sums which may be due
for property taxes, license fees, permit fees, or other taxes, charges or fees that the City
may from time to time impose on all other similarly situated entities within the City.
Chesapeake shall reimburse the City for publication of this Agreement as required by the
City's Charter.
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4.3. Interest.
All sums not paid when due shall bear interest at the rate often percent kN ) per annum
or the maximum amount allowed by law, whichever is less, computed monthly. If such
outstanding sums are paid with interest within thirty (30) days following their respective
due dates, Chesapeake's failure to pay such sums by their respective due dates shall not,
in and of itself, constitute an Event of Default under Section 9 of this Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Chesapeake's property and operations hereunder shall be subject to such regulation by
the City as may be reasonably necessary for the protection or benefit of the general
public. Chesapeake is obligated to construct, operate and maintain the Access Road
pursuant to the rules and regulations promulgated by the City's Transportation and Public
Works Department and in this connection Chesapeake shall be subject to, governed by
and shall comply with all applicable federal, state„ and local laws, including all
ordinances, rules and regulations of the City, as same may be adopted and amended from
time to time.
6. USE OF ROCKWOOD PARK.
6.1 Construction.
6.1.1. Prior to and during the construction of the Access Road and during all aspects of
drilling phases, Chesapeake will provide communication to the Crestwood neighborhood
in order to keep the residents informed of the activities on Rockwood Park Drive and
Rockwood Park.
Once the pad site is constructed, Chesapeake shall contact the Crestwood Neighborhood
Association and the City seven (7) days prior to the mobilization of any equipment for
the construction of any well for the Greenwood Pad Site.
6.1.2. Chesapeake will construct an Access Road twenty-five (25) foot wide for a
distance of approximately fifty four and seven one -hundredths (54.07) feet long across
Rockwood Park from Rockwood Park Drive to the edge of the Greenwood Cemetery
Property in the location and as depicted in Exhibit "A". The Access Road will consist of
concrete (see attached Exhibit "G"). Two twenty (20) by six (6) cattle guards, mud
shakers or other acceptable form of tire cleaning apparatus (see attached Exhibit "B"),
shall be installed on the Greenwood gas drilling pad site to prevent mud and debris onto
the Access Road and Rockwood Park Drive.
6.1.3. Chesapeake shall construct a two (2") inch asphalt overlay to a maximum width
of 25 feet over the existing Rockwood Park Drive road within Rockwood Parlc from the
west barricade of Rockwood Park Drive at the entrance of Rockwood Park at Bailey
Avenue from White Settlement Road to the eastern edge of the Access Road. Any
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portion of Rockwood Park Drive that is not widened to twenty-five (25) feet in width
shall not exceed the limits of the rock boulders installed per this Agreement.
6.1.4. All access to the Greenwood Cemetery gas drilling pad site shall be limited to the
entrance to Rockwood Park Drive from While Settlement Road. No vehicular traffic shall
be permitted to enter Rockwood Park Drive off University Drive or from any other point
of access to Rockwood Park. No equipment, including but not limited to trailers or
vehicles, shall be place on or within the boundaries of Rockwood Park, including areas
surrounding the gate/barricade on Rockwood Park Drive, with the exception of signage
for directing traffic. Use of any other means of ingress or egress shall be considered a
default of the terms of this Agreement.
6.1.5 Chesapeake shall meet with appropriate City staff for apre-construction meeting
at least seven (7) days prior to initiating construction of the Access Road for the purposes
of reviewing the construction schedule and construction requirements for the Access
Road, the installation of rock boulders and tree protection to be used and the overlay
materials to be used for the existing Rockwood Park Drive.
6.1.6. Access to the Park for non vehicular recreational use shall remain open at all
times except during the overlay for Rockwood Park Drive and the construction of the
Access Road. Once the construction for the Access Road is completed, Rockwood Park
Drive must be open for recreational use.
6.1.7. Chesapeake shall notify the PACSD and give the City at least forty-eight (48)
hours verbal notice for inspection and approval of the installed rock boulders and tree
protection measures. Approval of the rock boulders and tree protection measures is
required before the installation of the Rockwood Park road overlay and construction of
the Access Road,
6.1.8. Chesapeake shall be required to provide protection of all surrounding trees prior
to and during construction of the Access Road and the overlay of Rockwood Parlc Drive.
Prior to beginning construction of the Access Road or the overlay on Rockwood Park
Drive, Chesapeake shall specify work areas and survey and stake said areas, notating the
centerline and boundaries of the work areas as agreed upon at the pre -construction
meeting. Orange mesh fencing shall be used along the perimeter of construction area and
travel access areas to prevent equipment and people from damaging plant materials.
Protection of tree areas shall be provided for all surrounding trees prior to and during the
construction. Orange safety fencing shall be placed on the outside drip line of any trees
affected to protect such trees from any damages occurring during renovation.
6.1.9. Rock boulders installed to a minimum three (3) feet in height shall be required.
Some rock boulders are to be set in concrete at designated protection zones as shown on
the attached Exhibit "D". The location of the protection zones for the rock boulders
along Rockwood Park Drive are shown on the attached Exhibit "C". All rock boulders
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will be installed along the edge of Rockwood Park Drive prior to construction to ensure
that no vehicular traffic impacts the trees within the protection zones.
6.1.10. The City shall have the right, but not Lite obligation, to have an inspector on site
during construction of the Access Road and installation of the overlay on Rockwood Park
Drive. Chesapeake shall be responsible for meeting the City's construction requirements
and shall notify the City within forty-eight (48) hours of completion of the Access Road
and Rockwood Park Drive overlay for inspection and approved by the PACSD and the
City Engineer,
6.1.11. Construction of the Access Road and the overlay of Rockwood Park Drive shall
be completed within thirty (30) days of beginning construction, weather permitting.
Chesapeake shall notify the City seven (7) days before the date the construction begins.
Upon completion, any ground disturbance shall be replace is as good or better condition
than existed before construction.
6.2. Surface Restoration.
6.2.1 Restoration of any surface areas disturbed shall be as determined by PACSD.
Chesapeake will replant, reseed (Common Bermuda Grass) and water each disturbed area
as many times as necessary until such time the grass is established and accepted by the
PACSD. General consideration for acceptance shall include establishment of a stand of
grass that is compatible to the existing condition that has been through two mowing
cycles. Company shall remove all contaminated soil from the property. All soil needed
for restoration shall be inspected and approved by the PACSD. Such soil and grass shall
have all supporting documentation certifying the quality meets or exceeds specifications
required. Chesapeake shall stocicpile the excavated soil from the Access Road
construction and shall place said soil in the areas to be reseeded. No importing of outside
soil shall be allowed nor shall fertilizers be permitted
6.2.2. Chesapeake, at Chesapeake's sole cost and expense, and in a manner approved by
the City, shall promptly restore any portion of Rockwood Park, public rights -of --way, or
other City -owned property that are in any way disturbed or damaged by the construction,
operation, maintenance of the Access Road or overlay on Rockwood Park Drive in as
good or better a condition as such property was in immediately prior to the disturbance or
damage. Unless otherwise specified in this Agreement, Chesapeake shall diligently
commence such restoration within thirty (30) calendar days following the date that
Chesapeake first became aware of the disturbance or damage.
6.3. Trees.
6.3.1 Tree Removal and Preservation.
To mitigate for the removal of the twelve (12) to fifteen (15) trees for the construction of
the Access Road from Rockwood Park Drive to the Cemetery property line, a ratio of 1"
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to 1" or payment into the City's tree fund as determined by the City Forester shall be
required. Prior to the application of the overlay on Rockwood Park Drive or the
construction of the Access Road, Chesapeake shall coordinate with the City Forester for
an on site inspection during the removal and trimming of all trees and for amount to be
paid into the City's tree fund.
Within two (2) days upon completion of the construction of the Access Road,
Chesapeake shall contact the City Forester to access any damage to the trees as identified
by the City to be preserved. Chesapeake shall have thirty (30) days from the date of the
City's written determination to provide to the City a planting schedule of the trees to be
planted as recommended by the City Forrester. All trees will be maintained by the
Company until established and accepted by the City Forester. The planning location of
each tree on Park property shall be flagged and each tree inspected prior to installation.
All trees will be maintained by Chesapeake until established and accepted by the City
Forester
6.3.2. Damage to Trees During Operations.
The City Forester shall have the right to inspect any trees located on Parlc property for
damage by Chesapeake and will assess trees for slight, moderate or severe damage as
described below.
Slight Damage:
Slight damage shall be defined as damage, in the opinion of the City Forester, that may
heal, examples include but are not limited to scaring of the trunk into the cambial layer
%2" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2"
in diameter or limbs less than 1/3 trunk caliper whichever is les. Slight damages shall be
assessed at a rate of: $100.00 for each instance of slight damage to tree(s).
Moderate Damage:
Moderate damage shall be defined as that damage, in the opinion of the City Forester,
contributes to the poor health and reduced longevity of the tree examples would include
but are not limited to scaring of the trunk into the cambial layer greater than 2" but less
than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less
than 1/3 trunk caliper.
Moderate damages shall be assessed at a rate of %2 the assessed value of the tree for trees
over 20 inches in caliper per each instance of damage (see attached tree survey) or $300
per caliper inch per instance of damage which ever is greater; for trees less than 20 inches
the fee shall be $300 per caliper inch for each instance of moderate damage to tree(s).
Severe Damage:
Severe damage shall be defined as that damage, in the opinion of the City Forester,
includes caring of the trunk to the cambial layer greater than 1/3 the trunk circumference,
uprooting or causing a tree to lean, damage to a scaffolding branch or branch greater than
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1/3 of trunk caliper and shall also include the removal of any tree. Severe damage or
removal of trees is subject to penalties as follows:
Any tree measuring less than 25 inches or less in caliper shall pay the appraised value
trees removed or damaged (see attached Tree Survey Exhibit "F").
Any tree measuring greater than 25 inches in caliper shall pay double the appraised value
for trees removed or damaged (see Tree Survey Exhibit "F").
Severe damage or removal shall include but is not limited to scaring of the trunk to the
cambial layer greater than 1/3 the trunk, circumference, uprooting or causing a tree to
lean, damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Branches shall be measured at the point of attachment or at the lateral to which the
branch would be pruned back to according to ANSI standards. Trees caliper shall be
measured according to accepted industry standards. Trees greater than 6" in caliper shall
be measured using diameter at breast height (DBH).
Chesapeake shall make payment for such damages and must install replacement trees for
severely damaged trees at a location to be designated by PACSD. Replacement shall be
made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2"
in caliper. Chesapeake shall be responsible for the planting watering, mulching and
maintenance of replacement trees for a period of not less than 2 years. Any tree that does
not survive the 2 year establishment period shall be compensated for by the contractor to
PACS at a rate of $200 per caliper inch.
In addition to any penalties or damages assessed by PACS, trees severely damaged or
removed shall also be subject to fines and penalties of the Tree Conservation Ordinance
of the Fort Worth Zoning Code.
6.4. Marking and Security of Access Drive and Rockwood Parlc Drive.
6.4.1. Chesapeake shall install two fifteen (15) mile per hour speed limit signs for that
portion of Rockwood Parl, Drive where it enters Rockwood Parl, on the west and where
the Access Drive intersects with Rockwood Park from the Greenwood Cemetery gas
drilling pad site. Chesapeake shall be responsible for assuring that all vehicular traffic
maintains a fifteen (15) mile per hour speed limit along Rockwood Park Drive. Trucks
shall use a low gear while operating within the park boundaries.
6.4.2. Chesapeake will provide flagmen to will be positioned during the rig move in and
out and during the fracturing process. Chesapeake and the City shall agree on the
location of the flagmen. Flagmen shall be instructed to allow for pedestrian traffic and
maintain safe passage for all users. Additional traffic controls may be required by the
City to assure that park users are aware of vehicular traffic on Rockwood Park Drive,
6.4.3. No security stations shall be located on Rockwood Park Drive, the Access Road
or park property. If requested by the City and in the City's sole discretion, Chesapeake
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will set up a checkpoint and provide manned security at the north barricade of Rockwood
Park Drive and Bailey in order to assure only authorized Chesapeake vehicles are on the
Rockwood Park Drive,
6.4.4. The barricade/gate at the northern end of Rockwood Parlc Drive shall remain
locked at all times unless manned security is present at the gate.
6.4.5. Chesapeake shall place signs, (see attached Exhibit "H") approved by the City
on adjacent sections of Trinity Trails and Rockwood Park Drive informing recreational
users of the Trinity Trail and Rockwood Park Drive of trucks on Rockwood Park Drive.
6.4.6. Chesapeake shall place "temporary detour" or "equipment on roadway" signs,
approved by the City (see attached Exhibit "H") at the gate of Bailey Avenue and
Rockwood Park Drive and at the southern closed portion of Rockwood Park Drive where
it intersects with Trinity Trails. The temporary detour sign shall be in place only during
the overlay of Rockwood Park Drive.
6.4.7. Yearly inspections of Rockwood Park Drive shall be required beginning on the
anniversary date of the acceptance of the Rockwood Park Drive improvements by the
City. It is the responsibility of Chesapeake to timely request that the Transportation and
Public Works Department (TPW) conduct the inspection. A written inspection report by
TPW shall be delivered to Chesapeake within ten (10) business days of the
inspection outlining any necessary repairs required to the right-of-way. Upon receipt of
inspection report, Chesapeake shall have fourteen (14) days from the date of the report to
complete the repairs identified in the inspection report, unless such time is extended by
the City.
If the City determines that the repairs to Rockwood Park Drive are not being constructed
within the time frame described above or have not been constructed in accordance with
City standards, the City shall notify Chesapeake in writing. Written notification by the
City shall serve as a "stop work order" and Chesapeake shall immediately cease the
repair work on the right -of --way. Chesapeake shall have fourteen (14) calendar days to
provide the City with a written response to this notice, which response shall include a
proposal to cure the deviation and a time frame to cure the deviation. The time frame to
cure the deviation shall not exceed thirty (30) days without the consent of the City, which
shall not be unreasonably withheld. Rockwood Park Drive may be closed by the City for
vehicular traffic and access by Chesapeake for failure to respond to the City within the
time frame allowed or to cure the deviation until the road is repaired and accepted by the
City. Penalties and fines may be assessed as deemed necessary by TPW and the PACSD
for failure to cure the deviation in a manner acceptable to the City.
6.5. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of Rockwood Park and other
dedicated parks, public places and other City -owned property and the spaces above and
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beneath them. Chesapeake shall comply with all applicable laws, ordinances, rules and
regulations, including, but not limited to City ordinances, rules and policies related to
construction permits, construction bonds, permissible hours of construction, operations
during peak traffic hours, barricading requirements and any other construction rules or
regulations that may be promulgated from time to time.
6.6. No Undue Burden.
Other than the uses allowed under this Agreement, Rockwood Park Drive and the Access
Road shall not be used or maintained in any manner that places an undue burden on the
present or future use of Rockwood Park by the City and the public. If the City reasonably
determines that the use or maintenance of the Access Road does place an undue burden
on any portion of Rockwood Park, Chesapeake, at Chesapeake's sole cost and expense
and within a reasonable time period specified by the City, shall take actions determined
by the City to be in the public interest to remove or alleviate the burden.
6.7. Minimal Interference.
6.7.1. After the initial construction, prior to the undertaking of any kind of additional
construction, installation, maintenance, repairs or other work on Rockwood ParkDrive or
the Access Road, Chesapeake shall, except for work required to address an emergency,
provide at least twenty-four (24) hours' advance written notice to the City and the owners
of property adjacent to Rockwood Park that will be affected. In the case of emergencies,
Chesapeake shall provide notice to the affected landowners within twenty-four (24) hours
after commencement of work. In addition, during any such work, Chesapeake shall
provide construction and maintenance signs and sufficient barricades at work sites to
protect the pedestrian public. The use of traffic control devices shall be consistent with
the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control
Devices such that pedestrian traffic is safely regulated while the work is being done.
Chesapeake shall utilize appropriate warning lights or signage at all construction and
maintenance sites areas on Rockwood Park Drive where one or more traffic lanes are
closed or obstructed and pedestrian traffic is subject to interruption during operational
conditions.
6.7.2. Chesapeake will take all reasonable planning to minimize harm to Rockwood
Parlc and Rockwood Park Drive: No surface excavation or use of Rockwood Park shall
be allowed other than outlined in this Agreement.
6.8. Emergencies.
6.8.1. Work by the City.
For purposes of this Section, a public emergency shall be any condition which, in the
opinion of the officials specified herein, poses an immediate threat to life, health or
property and is caused by any natural or man-made disaster, including, but not limited to,
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storms, floods, fires, accidents, explosion, water main breaks and hazardous materials
spills. In the event of a public emergency, the City shall have the right to take whatever
action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or
their authorized representatives, including, but not limited to, action that may result in
damage to the Access Road, and Chesapeake hereby (1) releases the City, its officers,
agents, servants, employees and subcontractors from liability or responsibility for any
Damages, as defined in this Agreement, that may occur to the Access Road or that
Chesapeake may otherwise incur as a result of such a response, and (ii) agrees that
Chesapeake, at Chesapeake's sole cost and expense, shall be responsible for the repair,
relocation or reconstruction of all or any of its property that is affected by such action of
the City. In responding to a public emergency, the City agrees to comply with all local,
state and federal laws, including any requirements to notify the Texas One Call System,
to the extent that they apply at the time and under the circumstances. In addition, if the
City takes any action that it believes will affect the property of Chesapeake, the City will
notify Chesapeake as soon as practicable so that Chesapeake may advise and work with
the City with respect to such action.
6.8.2. Worlc by or on Behalf of Chesapeake.
In the event of an emergency directly that involves the Access Road in Rockwood Parlc
and necessitates immediate emergency response work on or repairs, Chesapeake may
initiate the emergency response work or repairs or take any action required under the
circumstances provided that Chesapeake notifies the City as promptly as possible.
6.9. Removal of Access Road.
6.9.1. Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Chesapeake's right to use Rockwood Park under this Agreement shall
cease and Chesapeake shall immediately discontinue the use of Rockwood Park Drive
and the Access Road through Rockwood Park. Within six (6) months following such
revocation, termination or expiration and if the City requests, Chesapeake, at
Chesapeake's sole cost and expense, shall remove the Access Road from Rockwood Park
in accordance with applicable laws and regulations. If Chesapeake has not removed all
of the Access Road in Rockwood Park, within six (6) months following revocation,
termination or expiration of this Agreement, the City may deem any portion of the
Access Road in Rockwood Park abandoned and, at the City's sole option take any and all
legal action necessary to compel Chesapeake to remove such property; provided,
however, that Chesapeake may not abandon its facilities on the Greenwood Cemetery
property without the approval of the Commission or successor agency or any other
regulatory authority with such jurisdiction.
6.9.2. Within sixty (60) days following revocation, termination or expiration of this
Agreement and in accordance with this Agreement, Chesapeake shall also restore any
property, public or private, that is disturbed or damaged by removal of the Access Road.
If Chesapeake has not restored all such property within this time, the City, at the City's
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Page 12 of 22
sole option, may perform or have performed any necessary restoration work, in which
case Chesapeake shall immediately reimburse the City for any and all costs incurred in
performing or having performed such restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Chesapeake.
Chesapeake shall be liable and responsible for any and all damages, losses, liabilities
(joint or several), payments, obligations, penalties, claims, litigation, demands, defenses,
judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without
limitation, fees, disbursements and reasonable expenses of attorneys, accountants and
other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance, condition or use of the Access Road or Rockwood Park Drive or any
related facilities or appurtenances; (ii) any claim or lien arising out of work, labor,
materials or supplies provided or supplied to Chesapeake, its contractors or
subcontractors; or (ill) Chesapeake's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
CHESAPEAKE HEREBY ASSUMES ALL LLABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF ROCKWOOD PARK UNDER THIS
AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY,
EXISTENCE, LOCATION OR USE OF THE ACCESS ROAD AND ROCKWOOD
PARK DRIVE IN ROCKWOOD PARK, EXCEPT TO THE EXTENT CAUSED
SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE
CITY.
7.2. Indemnification.
CHESAPEAKE, AT CHESAPEAKE'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
("INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, CONDITION
OR USE OF THE ACCESS ROAD OR ROCKWOOD PARK DRIVE OR ANY
RELATED FACILITIES OR APPURTENANCES, (II) ANY CLAIM OR LIEN
ARISING OUT OF WORK, LABOR, MATER)ALS OR SUPPLIES PROVIDED OR
SUPPLIED TO CHESAPEAKE, ITS CONTRACTORS OR SUBCONTRACTORS,
Chesapeake Rockwood Park Access Agreement
Page 13 of 22
OR (IVV) CHESAPEAICE'S FAIL URE TO COMPLY WITH ANY FEDERAL, STATE
OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE
EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S)
OR INTENTIONAL MISCONDUCT OF THE CITY.
7.3. Assumption of Risk and Environmental Remediation0
CHESAPEAICE HEREBY REPRESENTS TO THE CITY THAT (i) CHESAPEAICE
HAS FULLY INSPECTED THE AREA OF ROCKWOOD PARK THAT IT WILL
UTILIZE; (ii) CHESAPEAKE IS SATISFIED WITH THE CONDITION OF THE
AREA OF ROCKWOOD PARK THAT IT WILL UTILIZE; AND (iii) CHESAPEAKE
HAS BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT REL)ANCE
UPONANYREPRESENTATIONMADE BYTHE CITY, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
COMMISSIONS, BOARDS OR VOLUNTEERS. CHESAPEAKE HEREBY
UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF CHESAPEAKE, ITS
OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES,
ALL RISK OF DANGEROUS CONDITIONS, IFANY, ON OR ABOUT THE AREA
OF ROCKWOOD PARK THAT IT WILL UTILIZE.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE AREA OF
ROCKWOOD PARK THAT CHESAPEAKE WILL UTILIZE COMPLIES WITH ALL
APPLICABLE FEDERAL, STATE AND LOCAL ENVIRONMENTAL LAWS AND
REGULATIONS (COLLECTIVELY "ENVIRONMENTAL LAWS'), THE CITY DOES
NOT WARRANT SUCH. CHESAPEAKE HEREBY COVENANTS AND AGREES
THAT CHESAPEAKE, AT ITS SOLE COST AND EXPENSE, SHALL BE FULLY
RESPONSIBLE FOR THE VIOLATION OF ANY ENVIRONMENTAL LAWS
CAUSED, IN WHOLE OR IN PART, BY CHESAPEAKE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES,
AND ANY REMED)ATION THAT MAYBE REQUIRED AS A RESULT OF SUCH
VIOLATION, EXCEPT TO THE EXTENT CAUSED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any Indemnitee by
reason of any matter for which the Indemnitees are indemnified hereunder, the City shall
give Chesapeake prompt written notice of the making of any claim or commencement of
any such action, lawsuit or other proceeding, and Chesapeake, at Chesapeake's sole cost
and expense, shall resist and defend the same with reasonable participation by the City
and with legal counsel selected by Chesapeake and specifically approved by the City. In
such an event, Chesapeake shall not admit liability in any matter on behalf of any
Indemnitee without the advance written consent of the City.
Chesapeake Rockwood Park Access Agreement
Page 14 of 22
8. INSURANCE AND BONDS.
8.1. Chesapeake shall procure and maintain at all times, in full force and effect, a policy
or policies of insurance to provide coverages as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the Access Road in Rockwood Park and the
construction, installation, operation, maintenance, condition or use of the Access Road and
Rockwood Park Drive. The required insurance can be met by a combination of self-
insurance, primary and excess policies.
8.1.1 Primary Liability Insurance Coverage.
• Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damage Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident,
including, but not limited to, all owned, leased, hired or non -owned motor
vehicles used in conjunction with the rights granted under this Agreement
• Worker's Compensation:
As required by law; and, Employer's Liability as follows:
$1,000,000 per accident.
8.1.2. Revisions to Required Coverage.
At the reasonable recommendation of the City's Risk Manager, the City may at any time
revise insurance coverage requirements and limits required by this Agreement. Chesapeake
agrees that within thirty (30) days of receipt of written notice from the City, Chesapeake will
implement all such revisions requested by the City. The policy or policies of insurance shall
be endorsed to provide that no material changes in coverage, including, but not limited to,
cancellation, termination, non -renewal or amendment, shall be made without thirty (30)
days' prior written notice to the City.
Chesapeake Rockwood Park Access Agreement
Page 15 of 22
8.1.3. Underwriters and Certificates.
Chesapeake shall procure and maintain its insurance with underwriters authorized to do
business in the State of Texas and who are acceptable to the City in terms of solvency and
financial strength. Within thirty (30) days following adoption of this Agreement by the City
Council, Chesapeake shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Chesapeake shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.1.4. Deductibles.
Deductible or self -insured retention limits on any line of coverage required herein shall not
exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per line of
coverage, or aggregate is otherwise approved by the City.
8.1.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City of any
sum by reason of any insurance policy required under this Agreement shall in no way be
construed or affected to limit or in any way affect Chesapeake's liability to the City or other
persons as provided by this Agreement or law.
8.2 Bonds.
Prior to the commencement of any construction work in Rockwood Parlc that requires
excavation or construction, Chesapeake shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in Rockwood Park. The bonds shall
guarantee (1) satisfactory compliance by Chesapeake with all requirements, terms and
conditions of this Agreement and (ii) full payments to all persons, firms, corporations or
other entities with whom Chesapeake has a direct relationship for the performance of
such construction, maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a contractor of
Chesapeake, Chesapeake shall also require such contractor to deliver to Chesapeake
bonds executed by a corporate surety authorized to do business in the State of Texas and
acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
Rockwood Park. The bonds shall guarantee (1) the faithful performance and completion
of all construction, maintenance or repair work in accordance with the contract between
Chesapeake and the contractor and (ii) full payment for all wages for labor and services
and of all bills for materials, supplies and equipment used in the performance of that
contract. Such bonds shall name both the City and Chesapeake as dual obligees
Chesapeake Rockwood Park Access Agreement
Page 16 of 22
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement:
9.1. Failure to Pay License Fee.
An Event of Default shall occur if Chesapeake fails to pay any License Fee on or before
the respective due date.
9.2. Breach.
An Event of Default shall occur if Chesapeake materially breaches or violates any of the
terms, covenants, representations or warranties set forth in this Agreement or fails to
perform any obligation required by this Agreement.
9.3. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Chesapeake (i) files a voluntary petition in bankruptcy;
(ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed
against it seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy,
insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the
appointment of any trustee, receiver, master, custodian or liquidator of Chesapeake, any
of Chesapeake's property or any revenues, issues, earnings or profits thereof; (v) makes
an assignment for the benefit of creditors% or (vi) fails to pay Chesapeake's debts
generally as they become due.
9.4. Violations of the Law.
An Event of Default shall occur if Chesapeake violates any existing or future federal,
state, or local laws, ordinances, rules and regulations of the City.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Chesapeake's failure to pay the License Fee
in accordance with Section 9.1, such Event of Default shall be deemed an Uncured
Default and the City shall have the right to terminate this Agreement immediately upon
provision of written notice to Chesapeake. If an Event of Default occurs for a reason
other than for failure to pay the License Fee, the City shall provide Chesapeake with
written notice and shall give Chesapeake the opportunity to cure such Event of Default.
For an Event of Default which can be cured by the immediate payment of money to the
Chesapeake Rockwood Park Access Agreement
Page 17 of 22
City, Chesapeake shall have thirty (30) days from the date it receives written notice from
the City to cure the Event of Default. For any other Event of Default, Chesapeake shall
have sixty (60) days from the date it receives written notice from the City to cure the
Event of Default. If any Event of Default is not cured within the time period specified
herein, such Event of Default shall, without further notice fiom the City, become an
"Uncured Default" and the City immediately may exercise the remedies provided in
Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the
same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this Agreement.
Upon such termination, Chesapeake shall forfeit all rights granted to it under this
Agreement and, except as to Chesapeake's unperformed obligations and existing
liabilities as of the date of termination, this Agreement shall automatically be deemed
null and void and shall have no further force or effect. Chesapeake shall remain
obligated to pay and the City shall retain the right to receive License Fees and any other
payments due up to the date of termination. Chesapeake shall remove the Access Road
from and restore Rockwood Park as and when requested by the City. The City's right to
terminate this Agreement under this Section 10.2.1 does not and shall not be construed to
constitute any kind of limitation on the City's right to terminate this Agreement for other
reasons as provided by and in accordance with this Agreement; provided, however, that
Chesapeake may not abandon the Greenwood Cemetery pad site without the approval of
the Commission or successor agency or other regulatory authority with jurisdiction, if
such action without such approval is prohibited at the time by applicable federal or state
law or regulation.
10.2.2. Legal Action Against Chesapeake.
Upon the occurrence of an Uncured Default, the City may commence against Chesapeake
an action at law for monetary damages or in equity, for injunctive relief or specific
performance of any of the provisions of this Agreement which, as a matter of equity, are
specifically enforceable.
11. PROVISION OF INFORMATION.
Chesapeake shall provide the City with copies of all pleadings in all lawsuits to which
Chesapeake is a party and that pertain to the granting of this Agreement through the City
within thirty (30) days of Chesapeake's receipt of same.
Chesapeake Rockwood Park Access Agreement
Page 18 of 22
12. CHESAPEAKE AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Chesapeake shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Chesapeake shall have the exclusive right to control
the details of its business and other operations necessary or appurtenant to the construction
and use of the Access Road and the exploration and transportation of Gas in accordance
with the terms and conditions of this Agreement, and shall be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors and subcontractors.
Chesapeake acknowledges that the doctrine of respondeat superior shall not apply as
between the City and Chesapeake, its officers, agents, employees, contractors and
subcontractors. Chesapeake further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between the City and Chesapeake.
13. ASSIGNMENT PROHIBITED.
Chesapeake may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, which authorization shall
not be unreasonably withheld; provided, however, that Chesapeake may make such an
assignment of its rights to an affiliated Chesapeake without the consent of City, provided,
that upon such assignment, Chesapeake shall notify City within sixty (60) days of said
assignment. An `affiliated Chesapeake' shall mean any parent, subsidiary or sister
Chesapeake or other legal entity that controls, is controlled by, or is under common control
with Chesapeake. For purposes of this clause, `control' means direct or indirect ownership
of fifty percent (50%) or more of the voting rights of the subject entity. Notwithstanding
such an assignment to an affiliated Chesapeake, Chesapeake shall remain liable to City for
any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter
be applicable to Chesapeake and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i) hand -delivered to the other parry, its agents,
employees, servants or representatives, or (ii) received by the other party by United States
Mail, postage prepaid, return receipt requested, addressed as follows:
To the CITY:
City of Fort Worth
Parks and Community Services Director
1000 Throckmorton
Fort Worth, TX 76102
Chesapeake Rockwood Park Access Agreement
Page 19 of 22
W itW9I�E.YJ M D/:]:�
Julie H. Wilson, Vice President
Chesapeake Operating, Inc.
100 Energy Way
Fort Worth, TX 76102
With a copy to.
City of Fort Worth
Department of Law
Attn: Attorney for Parks and Community Services
1000 Throckmorton
Fort Worth, TX 76102
15. NON-DISCRIMINATION COVENANT.
With a copy to.
Ray Oujesky, Senior Attorney
Chesapeake Operating, Inc.
100 Energy Way
Fort Worth, TX 76102
Chesapeake shall not discriminate against any person on the basis of race, color, national
origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits
from Chesapeake's business operations, in any opportunities for employment with
Chesapeake or in the construction or installation of the Pipeline.
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or
the law, shall not constitute a waiver of the City's right to insist upon appropriate
performance or to assert any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at
law or in equity, arise out of the terms of this Agreement, or Chesapeake's use of Rockwood
Park, venue for such action shall lie exclusively in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
18. CONFERENCES.
At the request of either the City or Chesapeake, the City and Chesapeake shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement or
Chesapeake's use of Rockwood Park.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or impaired. For purposes of this
Agreement, a court order shall be final only to the extent that all available legal rights and
remedies pertaining to such order, including, without limitation all available appeals, have
been exhausted. In such an event, the City and Chesapeake agree that they shall amend or
Chesapeake Rockwood Park Access Agreement
Page 20 of 22
have amended this Agreement to comply with such final order entered by a court of
competent jurisdiction.
20. FORCE MAJEURE.
In the event Chesapeake's performance of any of the terms, conditions or obligations
required by this Agreement is prevented by a cause or event that is not within Chesapeake's
reasonable control, Chesapeake's non-performance shall be deemed excused for the period
of such inability. Causes or events that are not within the Chesapeake's control shall
include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances,
failure or loss of utilities, explosions and natural disasters.
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein, except where related actions are further permitted or excluded by any
City ordinances, regulations, rules or policies. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with the terms
and conditions of this Agreement. This Agreement shall not be amended unless agreed to in
writing by both parties and approved by the City Council of the City.
EXECUTED as of the later date below:
CITY OFF RT WORTH:
By:
hales Daniels
Assistant City Manager
Date: � � 't � /v
APPROVED AS TO FORM AND LEGALITY:
r_
Julie H. Wilson
Vice President
�CriG� � tAte ted byo
Assistant City.Attorney
M&C: Low— I�9a9 ai9 I ►o
Chesapeake Rockwood Park Access Agreement p
Page 21 of 22 �:J d
TIN1G INC.
secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this aA day of ��, 2010 by UI • �"4df Assistant City Manager of the City of Fort Worth, xas a municipal
corporation, on behalf of the City of Fort Worth, Texas.
;�:'���: MARIAS.SANCHEZ
MY COMMISSION EXPIRES
December 14, 2013
_-
Not�lry Public, State of Texas
My commission expires,
My commission number:
ACKNOWLEDGMENT
THE STATE OF �, (k,p §
COUNTY OF �c §
This instrument was acknowledged before me on this_ day of ,
20103 by SjAA; o (A)i SSW Chesapeake Operating Inc. an Oklahoma limited liability
Chesapeake, on behalf of said Chesapeake.
LESLIE A CONNOR
My Commission expires
June B, 2014
Chesapeake Rockwood Park Access Agreement
Page 22 of 22
Notary Public, State
My commission expires: I. / �3�/�
My commission number:
EXHIBIT "A"
ACCESS ROAD
J
4
L
u
PROPERTY OF CITY OF FORT WORTH
HEIRS OF JOHN P. THOMAS SURVEY, ABSTRACT NO. 1525 July 13, 2010
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
FIELD NOTE DESCRIPTION
BEING 0.033 acres of land, more or less, situated in the Heirs %J John P. Thomas
Survey, Abstract Number 1525, in the City of Fort Worth, Tarrant County, Texas, being
a portion of those certain tracts of land as described in deed to the City of Fort Worth as
recorded in Volume 968, Page 144 and Volume 1172, Page 1 of the Deed Records of
Tarrant County Texas (D.R.T.C.T.), as depicted in the attached plat (Page 3 of this
document), and being more particularly described by metes and bounds as follows.
COMMENCING (NAD27 grid northing 402,096.89 and easting 2,039,251.19) at a found
aluminum monument (controlling monument), for a westerly corner of said City of Fort
Worth tract (Volume 968, Page 144) and an easterly corner of that certain 195,237 acre
tract as described in deed to Greenwood Cemetery Association as recorded in Volume
2896, Page 583 of said Deed Records from which a found concrete monument
(controlling monument) bears N 500 27' 02" W, a distance of 386.46 feet for a westerly
corner of said City of Fort Worth tract (Volume 968, Page 144) and an easterly corner of
said Greenwood Cemetery Association tract;
THENCE, N 89° 09' 54" E, along a northerly line of said Greenwood Cemetery
Association tract and a southerly line of said City of Fort Worth tract (Volume 968, Page
144), a distance of 481.17 feet to a northwesterly corner of a portion of said City of Fort
Worth tract (Volume 1172, Page 1);
THENCE, S 40° 23' 35" E, along an easterly line of said Greenwood Cemetery
Association tract and a westerly line of said portion of City of Fort Worth tract (Volume
1172, Page 1), a distance of 270.53 feet to the POINT OF BEGINNING (NAD27 grid
northing 401,897.87 and easting 2,039,907,62), the beginning of a non -tangent curve to
the left;
1. THENCE, Northeastwardly, departing the easterly line of said Greenwood
Cemetery Association tract, along said curve to the left, having a central angle of
620 36' 14", a radius of 57.50 feet and an arc length of 62.83 feet, the chord
bears N 070 51' 57" E, a distance of 59.75 feet to a point;
2. THENCE, N 520 09' 49" E, distance of 4.40 feet to a point, the beginning of a
non -tangent curve to the right, said point being in the westerly edge of pavement
of Rockwood Park Drive;
3. THENCE, Southeastwardly, along the westerly edge of pavement of said
Rockwood Park Drive, along said curve to the right, having a central angle of 08°
52' 04", a radius of 293.18 feet and an arc length of 45.38 feet, the chord bears S
340 03' 55" E, a distance of 45.33 feet to the beginning of a non -tangent curve to
the right;
S:\Chesapeake\209008_NAD27-GREENWOOD-A\Desc\COFW_DESC.doc 7/13/10
lEo�ed(Fl iT" "ewoe\"
PROPERTY OF CITY OF FORT WORTH
HEIRS OF JOHN P. THOMAS SURVEY, ABSTRACT NO. 1525
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
FIELD NOTE DESCRIPTION
July 13, 2010
4. THENCE, Southwestwardly) departing the westerly edge of pavement of said
Rockwood Park Drive, along said curve to the right, having a central angle of 340
00, 0111, a radius of 82.50 feet and an arc length of 48.96 feet, the chord bears S
250 21' 06" W, a distance of 48.24 feet to a point;
5. THENCE, N 40° 23' 35" W, a distance of 25.29 feet to the POINT OF
BEGINNING and containing 1,457 square feet or 0.033 acres of land, more or
less.
Record research provided by Chesapeake.
Basis of Bearing is the Texas State Plane Coordinate System, Texas North Central
Zone 4202, North American Datum 1927 (NAD27).
A plat of even survey date is attached herewith.
hereby certify that this field note description and attached plat accurately depict the
boundary location of the subject tract as surveyed on the ground under my supervision.
This survey was completed without the benefit of a title report.
Registered
Texas No.
�OSEPH S. F�EIV(iEZowe
5934
goo
E'SS1 ,
yU "URVE�oQ
Professional Land Surveyor
5934
Date
S:\Chesapeake\209008_NAD27-GREENWOOD-A\Desc\COFW_DESC.doc 7/13/10
M
CONC. MON.
FD BEARS
N 50e27'02"W,
386.46' (CM)
LINE
BEARING
DISTANCE
L1
N52.09149"E
4a40'
L2
N40e23'35"W
25.29'
CURVE
CENTRAL ANGLE
RADIUS
LENGTH
CH. BEARING
CH. DIST.
Cl
62a36114"(LT)
57.5O'
62.83'
N07e51'57"E
59a75'
C2
08a52'04"(RT)
293.18'
45.38'
S34003'55"E
45.33'
C3
34000101"(RT)
82a5O'
48.96'
S25e21'06"W
48a24'
P.O.C.
NAD27 (GRID)
N 4029096.89
E 2,039,251a1
GREENWOOD CEMETERY
� ASSOCIATION
VOL@ 2896e PG. 583
DeR.T.C.T.
(195.237 AC.)
LEGEND:
TRACT LINE
— ABSTRACT LINE
0 MONUMENT FOUND
(TYPE NOTED)
CM CONTROLLING MONUMENT
" 09'
ALUM. MON.
FD (CM)
DETAIL "A" �
�\ \PROPOSED 25' WIDE
\ ACCESS ROAD
CITY OF \
FORT WORTH \\ \ Gt�
VOLa 1172 \ g
PG. 1
D.R.T.C.T.
/ (02322 AC.)
I�0
�BSO��o Ago
\ J �
P.O.
0
HEIRS OF
JOHN P. THOMAS
SURVEY A-1525
Ste;
GREENWOOD
PAD SITE
SHADED AREA (FROM END OF PAVEMENT OF
ROCKWOOD PARK DRIVE TO PROPERTY LINE
=1.457 SF (0.033 AC)
JOSEPVI s: Br Igii'Ez
jf
lgy;�Fs B `o\oQ.
•SU(?`Jo
\/ SCALE -IN FEET
NOT TO SCALj �
0 100 200 300 400
SCALE 1"=200'
ARREDONDO. ZEPEDA 3 BRUNZ.
11355 IAcCREE ROAD
DALLAS, TX. 75238
PH.-214-341-9900 FAX-214-341-9925
email- otficeoc:b-engra•com
LY/rat3
A PLAT SHOWING A 0.033 ACRE
TRACT OF LAND IN THE HEIRS OF
LLC JOHN P. THOMAS SURVEY, A-1525
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
BOATES $M(E$
CITY OF FORT WORTH
VOL1 968e PG. 144
DaR,T.C.T,
(122.0 AC.)
CITY DF FORT WORTH
VOLa 1172e PG. 1
D.ReT.C.T.
(0e322 AC.)
SEE
—DETAIL
A
P.O.B.
NAD27 (GRID)
N 4019897.87
E 2,039,907.62
NOTE:
1. PRIMARY COORDINATES AND BASIS OF
BEARING ARE IN NAD27 GRID VALUES,
TEXAS NORTH CENTRAL ZONE 4202.
2. PREPARED FROM A PARTIAL ON THE
GROUND SURVEY.
3.
RECORD RESEARCH PROVIDED BY
CHESAPEAKE.
Chesasoft
peake
ENERGY
Ck..apeake Operating Ira
100 Energy way
F..t We.tk,TX 76102
CITY OF FORT WORTH TRACT
CLOSURE REPORT
Start Coordinates (NAD27): North: 401,897.867
1. Rad.: 57.500
Delta: 620
Arc: 62.827
Degree: 990 38' 41"
Tan: 34.963
Mid Ord: 8.370
Ext: 9.795
Chord Bearing: N 7° 51' 57" E
Chord Distance: 59.748
2. Bearing: N 52° 09' 49" E
3. Rad.: 239.182
Delta: 08° 52' 04" (RT)
Arc: 45.377
Degree: 190 32' 34"
Tan: 22.734
Mid Ord: 0.877
Ext: 0.880
Chord Bearing:
Chord Distance$
S
45.332
East: 2,039,907.620
Distance: 4.402
4. Rad.: 82.500
Delta: 34° 00' Ol" (RT)
Arc: 48.957
Degree: 690 26' 58"
Tan: 25.223
Mid Ord: 3.605
Ext: 3.770
Chord Bearing: S 250 21' 06" W
Chord Distance: 48.242
5. Bearing: N 400 23' 35" W Distance: 25.291
End Coordinates North: 401,897.866 East: 2,039,907.620
Error North: -0.001 Error East: 0.000
Error Direction: N 12° 59' 46" W Total Distance Error:
Error of Closure: 1/174325.320
Perimeter: 186.854
Area: sq. Feet: 1456.998 Acres: 0.033
E
0.
001
EXHIBIT "D"
ROCKWOOD PARK AND
ROCKWOOD PARK DRIVE
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EXHIBIT "G"
C�
DUMMY JOINT IN RAMP OPTIONAL
IN 11' - 0" DRIVEWAY ONLY.
EXISTING CURB B GUTTER,IF
ANY, MUST BE SAWED AS DIRECT-
ED BY THE ENGINEER, A
R.O.W,LINE F
I I I
j II'- O"FOR ISI
18'-0`2FOR 10
STANDARD SIDEWALK 10'-O"MIN. 1 IN
17-0"MIN I
I
EXP.
20'-O" MIN. SINGLE DWY.
SIDEWALK SLOPE I/4"PER
F00T 70 FACE OF CURB OR AS
DIRECTED BY ENGINEER
A t
41 SIDEWALK
I
I 2"SANb CUSHION
OR APPROVED
SUBGRAOEa
R.O.W. L INE
PKWY, WIDTH
A
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10'
I'
9'
ll' TO 148
2 Toy
9'
15'TO19'
3'fo7
12,
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5'1o7g
15
A
PLAN VIEW
PARKWAY WIDTH
B (SEE TABLE)
DRIVEWAY AND CUR
f3 GUTTER PAY LIMI
SECTION A -A
EXNfB(T ur."
PROVtOE EXPANSION JOINT ONLY
IF CONNECTING TO EXISTING
CONCRETE DRIVE.
REINFORCE 6"DRIVE # 3 BARS
AT 18" O.C.B.W.
REINFORCE 4" WALK tt 3 BARS
AT 18" O.C-B.W, REFERENCE
I
1
I 1
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1 1
STANDARD
CURB 6 GUT7E
�,` � OR MATCH AS
DIRECTED
EXP. JOINT
EXCEPT
_._.__._SLIP' F BRED..
HALF LENGTH PAID AS
ACHEPAVEMENDCURB T ONLY.)(CONC.
SEE STANDARD CURB
&GUTTER SECTION.
I8' 1
STANDARD /J
GUR
�sraaluzeo
DWY. PAY LIMIT SUB GRADE
W/CONCRETE PAVEMENT
POU ED SAME THICKNESS AS DRIVEWAYE
APPROACH a PAID FOR AS DRIVEWAY
TOPBE REMOVED AND RIEP ACED�fANY
REVISED 5/2�/87 J.A.x.nCRlf,-�Qik/PWAY A.PPROACH,
REVISED AUG., 79-D.J.S./`N.R,M. CITY of FORT WORTH, TEXAS - CONSTRUCTION S
REVISEO FEB.,'81-D.J.S./W,R.M,
REVISED MAY 'S3-E.W/WR M DRAWING NO. S-S 5 DATE: MAY, 1983
F
FIGURE I. STANDARD APPROACH
EXHIBIT " i
Flogger
2 Flaggers required whene
opposing traffic required
to; use some lone.
Flaggers shoilbe in constant
tv radio contact.
No congregrcting around
flogger stations.
a Flogger stations must be
lighted at night.
ROADNWOR
EXHIBIT "H"
z
x
W
W
u.
x
Flogger Required On
Collector /R esidenlial
Streets. AdditionolFloggers
May as Required Depending On
Field Conditions.
<9>
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O
This pion is submitted for TCP. I certify this pion will be used for the fallowing location(a
IN
L
w
d and that all chonnelizing devices will conform to "General Notes" as shown on the back.
o
Signature
CITY OF FORT WORTH
TRANSPORTATION Note
AND
PUBLIC WORKS See ri
Date
TYPICAL TWO WAY STREET
LANE CLOSURE
PLAN "221"
i
City of Fort Worth, Texas
• � • • •
COUNCIL. ACT10N: Approved on 2l9/201�p
DATE: Tuesday, February 09, 2010
LOG NAME: 80ROCKWOOD PARK ACCESS
REFERENCE NO.: L-14929
SUBJECT:
Conduct a Public Hearing and Authorize the Use of Approximately 1,457 Square Feet of the Surface of
Rockwood Park for the Purpose of Installing an Access Road and Authorize the Execution of a License
Agreement with Texas Midstream Gas, LLC, and Chesapeake Operating, Inc., in the Amount of
$41,961.60 (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that there is no feasible or prudent alternative for an access road in Rockwood Park to reach an
approved gas well drilling pad site;
3. Find that the proposed use of parkland includes all reasonable planning to minimize harm to the
parkland including that Rockwood Park is to be maintained as a park and the access road will be
constructed in Rockwood Park as specified on the attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.033
acres of dedicated parkland of Rockwood Park for the installation of an access road; and
5. Authorize the execution of a License Agreement with Texas Midstream Gas Services, LLC, and
Chesapeake Operating, Inc., in the amount of $41,961.60.
. Rockwood Park -located at 701 North University Drive, in Mapsco 62S, 62N and 61 R, 61 Q, 61 U
and 61V, located west of University Drive, north and west of Rockwood Park Drive and south of
Rockwood Lane, in COUNCIL DISTRICT 7.
DISCUSSION:
On March 3, 2009, (M&C G-16229) the City Council approved a waiver for the Greenwood Pad Site
Permit on Greenwood Cemetery (Cemetery) property located within 600 feet of Rockwood Park and the
use of Rockwood Park Drive to access the pad site. The City Council required, as a condition of approval,
that a salt water pipeline be constructed prior to construction of the Gas Well Pad Site.
After receiving City Council approval, the property lease survey was finalized by Chesapeake Operating
Inc., (COI). The survey indicated that the Cemetery property does not abut Rockwood Park Drive as
previously understood and this finding was confirmed by the City's surveyor. As a result, the use of park
property is needed for an access road from Rockwood Park Drive to the Cemetery's property line in order
to reach the pad site. The proposed access road is necessary in order to construct and maintain the pad
Logname: 80ROCKWOOD PARK ACCESS Page 1 of 3
site and associated gas activities.
Staff is recommending as a condition for granting the access road that Texas Midstream Gas Services
(TMGS) and COI be required to meet the following conditions and be assessed the recommended fees:
. TMGS and COI be assessed a yearly fee of $1.44 per square foot. The fee for 1,457 square feet
totals $41,961.60, fora 20 year License Agreement;
. The access road must be paved from the edge of Rockwood Park Drive to the Cemetery property
line and to proposed gas pad site if approved by the Cemetery;
. Mudd Shakers will be used to minimize the debris from vehicles and equipment onto the park
access drive and road;
. The immediate removal by COI of all debris that develops on any portion of the access route; and
. TMGS and COI mitigate the removal of 12 to 15 trees on a ratio of one inch to one inch or payment
into the Fort Worth Tree Fund as determined by the City Forester for the construction of the access
road from Rockwood Drive to the Cemetery property line and coordinate with the City Forester for
an on site inspection during the removal and trimming of all trees.
Customarily it is Parks and Community Services Department (PACSD) practice to avoid the removal of
trees, however, after much deliberation it was determined that trees will be impacted by the proposed
access road alignment. The trees range in size from 31 inches in diameter at breast height to 6 inches in
diameter at breast height. TMGS and COI have been made aware of the mitigation and fees associated
with this approval and are agreeable to the assessment. The funds generated from the assessment will be
used to construct improvements in Rockwood Park, in compliance with the Parks and Community
Services Department's Park Facility Development Guidelines.
On January 6, 2010, the Parks and Community Services Advisory Board endorsed a motion to approve
staffs recommendation that the City Council authorize the use of parkland at Rockwood Park for the
installation of an access drive upon finding that no feasible or prudent alternative exists for the location of
the proposed route and that the proposed route include all reasonable planning to minimize harm to the
parkland.
In accordance with State law, the public notice was advertised in the Fort Worth Star -Telegram on
January 12, 2010, January 19, 2010, and January 26, 2010. An exhibit map was available for public
review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200.
A letter announcing the proposed use was sent to the president of the Brookside Neighborhood
Association and Crestwood Neighborhood Association on January 11, 2010. Signage was posted at the
site noting the use and providing instructions for directing comments to the Parks and Community
Services Department. Staff will note any public comment received during the public hearing report of City
staff.
Rockwood Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies the Parks and Community Services Department is
responsible for the collection and deposit of funds due to the City.
Logname: 80ROCKWOOD PARK ACCESS Page 2 of 3
FUND CENTERS:
TO Fund/Account/Centers
C282 446310 801929990100
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
$41,961.60
FROM Fund/Account/Centers
Charles Daniels (6183)
Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. 80ROCKWOOD PARK ACCESS Map.doc (Public)
2. Accounting records M&C 80 ROCKWOOD PARK ACCESS.pdf (CFW Internal)
3. Mayor and Council Communication Rockwood Park survey final.doc (Public)
Logname: 80ROCKWOOD PARK ACCESS
Page 3 of 3