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HomeMy WebLinkAboutContract 39894-A1 (2)AMENDMENT TO CITY SECRETARY CONTRACT NO.39894 TEMPORARY EASEMENT AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 39894, TEMPORARY INGRESS AND EGRESS/ CONSTRUCTION EASEMENT AGREEMENT is entered into by and between the CI Y OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the "City"), and ENTERPRISE TEXAS PIPELINE LLC, the company (hereinafter referred to as the "The Company"). RECITALS WHEREAS, the City of Fort Worth ("City") and Enterprise Texas Pipeline LLC ("The Company") made and entered into City Secretary Contract No. 39894 (the "Agreement") authorized by the City on March 5, 2010 for temporary workspace for stringing for a natural gas pipeline; and WHEREAS, the Agreement permits the Company to use the surface of Mallard Cove Park for stringing of natural gas pipeline, as depicted Exhibit and WHEREAS, it advisable to execute this Amendment to the Agreement to revise the requirements contained in section 4 of the agreement and shall be incorporated into the Agreement. NOW THEREFORE, City and The Company, acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: 1. Section4 is hereby amended to revise the section in its entirety to read as follows: Stringing Regulations o No work shall be done under wet conditions; provided however, the City will allow Company to work under wet conditions provided that Company pay to the City a mitigation fee of $50,000 for working under wet conditions and that such fee shall be paid to the City upon execution of this amendment agreernerA--- OFFICIAL RECORD -1- CITY SECRETARY FT. 'WORTH.; TX o The Company shall provide mats where travel will be adjacent or near any trees for a distance of 50 feet beyond the drip line of any tree as directed by the PACSD inspector. Matting shall remain in place until such time that all work has ceased. The Company shall restore all areas to pre-existing conditions or better. All protection measures shall remain until such time areas are restored and accepted by the City. Protection measures shall include watering of grass as many times necessary until such time as grass is considered established by the PACSD inspector. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the J day of , Zulu. CITY OF FORT WORTH: Assistant City Approved as to Form and Legality: Assistant City Attorney �10 11I&C REQUI��:D ENTERPRISE TEXAS L.L.C. Name, Title FlvfteZc� ( Ayes.- j ,4g�... ,l^J Ar-;� -FA�r Date ATTEST: By: OFFICIAL RECORD CITY SECRETARY F. WORTH, TX I ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared /Yi a r e % Q U S e lvid , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of f fer&%sr. TeXus 1'0;fe1%n& L.Ceand tha he she executed the same as the act of said :OPis� /eXa consideration therein expressed and in the capacity therein stated. for the purposes and GIVEN TINDER MY HAND AND SEAL OF OFFICE this �� day of %�iCtr^cI ,20io MYRr 6 441 STATE OF TEXAS RICHARD L. HELTON iVotary Public STATE OF TEXAS My omm. ExP. Feb. 25, 2012 COUNTY OF TAi2i��iNT � Notary Public in and for the State of Texas ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appeared Charles W. Daniels, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this MARIAS.SANCHEZ . MY COMIMISSION EXPIRES Hoc�mber 14, 2013 -3- Ndtary Public in and for the State off` Texas