HomeMy WebLinkAboutContract 42415 (2)c -e SE
.IRK
,.
NATURAL GAS PIPELINE LICENSE AGREEMENT
Rosen Park
This NATURAL GAS PIPELINE 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
Susan Alanis, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C. ("Company" ), an Oklahoma limited liability company, acting by and
through Dave Johns, Manager, Midstream Property Rights.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. Company wishes to construct a subsurface Pipeline for an approximate total
distance of 500.19 feet within a variable width right of way corridor for the transportation of Gas
through a public park known as Rosen Park. Because Company is not a public utility, as that
term is used in the City Charter and City Code, and because Company will not be providing
services to end user Customers in the City, Company is not required to obtain a franchise from
the City, but is required to obtain the City's consent pursuant to a license agreement that sets
forth the terms and conditions under which Company may use the public park.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the subsurface of Rosen Park as set out in Exhibit "A" in order to construct,
operate and maintain a pipeline, on the terms and conditions set forth herein, solely for the
transportation of Gas and solely in accordance with the terms and conditions of this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
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 Company hereunder to use a portion of
a public park known as Rosen Park in the location as set out in Exhibit "A" for (i)
the construction, installation, maintenance and repair of Company's Pipeline; (ii)
the use of such Pipeline for the transportation of Gas; and (iii) any other directly
related uses of the Park, pursuant to and in accordance with this Agreement.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00 OFFCi�IAL RECORD
Page 1 of 25
C11 T SECR���R
10-07-11 PO :3FV I Oft �X
Company shall mean Texas Midstream Gas Services, L.L.C., an Oklahoma limited
liability company, only and shall not include any Affiliate or third party.
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 Texas or other authority succeeding
to the regulatory powers of the Commission.
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the City of Fort Worth's Parks and Community
Services Department ("PACSD") or authorized representative.
Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
Park shall mean only that portion of the dedicated Rosen public park as identified in
Exhibit "A" of this Agreement, attached hereto and hereby made a part of this
Agreement for all purposes.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain ten (10") nominal diameter pipeline for an approximate
Mal distance of 500.19 feet and other facilities approved by the Director that are
installed by Company in the Park in accordance with this Agreement and pursuant
to the rules and regulations of the Railroad Commission of Texas.
2. GRANT OF RIGHTS.
2.1. General Use of Park for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline under, along and across the subsurface of the Park and
(ii) transport Gas through the portions of its Pipeline under, along, and across the
subsurface of the Park as depicted in Exhibit "A". Company hereby acknowledges and
agrees that this Agreement allows only the transportation of Gas through the Park and
does not allow Company to distribute, sell or otherwise provide Gas to any Customer.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 2 of 25
2.2. Nonexclusive.
This Agreement and all rights granted to Company 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 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 for use of the Park that is solely within the discretion of the
City, if a dispute arises as to priority of the use of the Park, the City will resolve such
dispute in a manner that does not result in unreasonable interference with Company's
operation of the Pipeline for the purposes provided for herein. This Agreement does not
establish any priority for the use of the Park by Company 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, 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.
2.3. Other Permits.
This Agreement does not relieve Company 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 Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the Park, that requires 'a
cut, opening or other excavation, Company 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 the Park. The bonds shall guarantee (i)
satisfactory compliance by Company with all requirements, terms and conditions of this
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom Company 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 Company, Company shall also require such contractor to deliver to
Company 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
the Park. The bonds shall guarantee (1) the faithful performance and completion of all
construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 3 of 25
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11959 P.M. CT twenty (20) years from the last
date of notarial acknowledgement on this Agreement unless terminated earlier as provided
herein.
4. FEES AND PAYMENTS TO CITY.
WENEW
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the Park for the Term of this Agreement the sum of $23,633.98 ("License
Fee"). Company hereby acknowledges and agrees that the amount of this License Fee is
non-refundable and constitutes just and reasonable compensation to the City for
Company's use of the subsurface of the Park.
4.2. Other Payments.
In addition to the License Fee, Company 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 or
other taxing jurisdiction may from time to time impose on all other similarly situated
entities within the City or taxing jurisdiction. Company shall reimburse the City for
publication of this Agreement as required by the City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate often percent (10%) 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, Company'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.
Company'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.
Company is obligated to construct, operate and maintain the Pipeline pursuant to the rules and
regulations as adopted and modified by the Texas Railroad Commission and in this connection
Company shall be subject to, be governed by, and comply with all applicable federal, state, and
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 4 of 25
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 THE PARK.
6.1 Construction Schedule
6.1.1. Pre -Construction Notice and Meeting Requirements. Company shall
notify the PACSD not less than ten (10) business days in advance of the proposed
construction start date and shall meet with appropriate City staff for the purposes of a
Pipeline pre -construction meeting not less than five (5) business days prior to initiating
construction. The pre -construction meeting shall include, but not be limited to,
information regarding the restoration of areas disturbed.
6.1.2. Completion of Construction. Construction of the Pipeline shall be
completed within two hundred and seventy (270) days from the date this Agreement is
signed by the City. Construction will be complete within ninety (90) days from the start
of work. Construction shall include restoration of the Park in accordance with Section 6.7
of this Agreement. The completion deadline will be extended day for day, for each day
Company's construction is delayed under Sections 6.1.3, 6.1.4, and 20 of this Agreement.
Failure to complete construction in accordance with the schedule described above
shall be deemed an Event of Default and be subject to the terms in Section 10.1 of
this Agreement.
6.1.3. City Construction in Park. After the notice of commencement of
construction as indicated in Section 6.1.1, the City shall notify Company not less than
five (5) business days after its receipt of Company's notification of City plans to
construct on the surface of Park that may conflict with Company's construction schedule.
In order to avoid any conflict with proposed construction by the City, its agents, licensee
or invitees, Company agrees to delay its construction for a period not to exceed ten (10)
business days, and City agrees to coordinate the inclusion of Company's construction
requirements in overlapping areas of need.
6.1.4. Park Events. After the notice of commencement of construction as
indicated in Section 6.1.1, the City shall notify Company, not less than five.(5) business
days after its receipt of the Company's notification, of planned events in the Park that
may conflict with Company's construction schedule. In order to .avoid any conflict with
the planned event, Company agrees to schedule its construction to accommodate such
event, and City agrees to coordinate the inclusion of Company's construction
requirements in overlapping areas of need.
6.2. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of the Park, public places
and other City -owned property and the spaces above and beneath them. Company shall
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 5 of 25
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.
6.3. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
Park by the City and the public. If the City reasonably determines that the Pipeline does
place an undue burden on any portion of the Park, Company, at Company's sole cost and
expense and within a reasonable time period specified by the City, shall modify the
Pipeline or take other actions determined by the City to be in the public interest to
remove or alleviate the burden.
6.4. Minimal Interference.
Company will make all reasonable planning to minimize harm to the Park and
shall comply with conditions as set forth below:
6.4.1. The Pipeline will be constructed in accordance with the specifications
and in the areas of the Park indicated on Exhibit "B". No surface excavation or tree
disturbance shall be allowed in the Park. Company will provide still photography or
video media of trees to be protected during the construction of the Pipeline as identified
at the pre -construction meeting. Tree protection fencing where required shall be orange
vinyl temporary fencing or as otherwise indicated in Exhibit "B" and shall be set at the
critical root zone of the trees identified for protection during the pre -construction meeting
by the City Forester. Once the tree protection fencing has been installed, Company shall
schedule a field inspection with PACSD to verify the location and installation of the
fencing. Damage to trees shall be assessed as described in Section 6.5.
6.4.2. All boring shall be at a minimum of eight (8) feet beneath the Park
surface unless otherwise specified in Exhibit . The City shall have the right, but not
the obligation, to have an inspector present to verify the buried depth of the Pipeline.
6.4.3. Tracer Wire. The Company shall have the right to lay tracer (tracking)
wire on the surface of the Park to track the location of the pipe during installation. The
parties acknowledge and agree that placement of the tracer wire involves minimal surface
use, is not invasive in nature, and is not inconsistent with the recreational nature and use
of the Park.
6.4.4. Vegetation Requirements. Company acknowledges and agrees that no
invasive surface use of the Park is allowed under the terms of this Agreement. However,
if Company's surface use of any abutting or adjoining property or Company's subsurface
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 6 of 25
use of the Park property should result in any damage to the Park surface, Company will
replant, reseed and water any area disturbed by the construction of the Pipeline as many
times as necessary until a stand of grass is in place which is comparable to that which
was originally in place, before the disturbance. If ground cover material such as straw,
seeding, sod, or similar material is required to prevent further damage or erosion to the
Park surface prior to its restoration, such materials must be approved by PACSD.
Replacement grass must have an established root system which has been approved and
accepted by the Director. Any disturbed surface areas shall be restored, seeded, and
maintained according to the specifications in Exhibit "C"; Company shall stockpile any
and all excavated soil from the Pipeline construction and shall place said soil in the areas
to be reseeded. Importing of outside soil shall not be allowed.
6.4.5. Surface Monitoring for Release of Fluids. During periods of active
boring, Company shall ensure that drilling mud pressures are continuously monitored and
that the entire length of the drill bore is visually inspected at least once daily to check for
any signs of drilling mud or other fluid flowing up to the ground surface. If drilling mud
or other fluid is detected on the Park surface, Company shall ensure that the Director is
notified immediately of the release. Company shall coordinate with the Director on a
pIan of action to address the fluid release and may, with the Director's approval, be
allowed access to the Park for purposes of containment. At all times during boring
operations, Company will have hard copies of the Material Safety Data Sheets and the
appropriate storm drain grid maps and storm drain sheets on site at each drill location.
Company shall ensure that sufficient City -approved materials are delivered to the site
within twelve (12) hours of fluid detection to protect against drill mud or other fluids
from entering the City's sanitary or stormwater drainage systems. To determine the
extent of any contamination, Company will ensure that testing is performed in and around
the area of the spill as required by the Director.
6.5. Damage to Trees During Construction, Maintenance or Repair.
In the event of any damage to trees during the conshuction, maintenance or repair of the
Pipeline Company shall comply with the following2
6.5.1 The City Forester shall have the right to inspect any trees located on the
Park for damage by Company and if applicable may inspect trees for slight, moderate or
severe damage as described below.
6.5.1.1. 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
less. Slight damage to tree(s) shall be assessed at a rate of: $100.00 for each
instance of slight damage to tree(s).
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 7 of 25
6.5.1.2. Moderate Damage:
Moderate damage shall be defined as damage, in the opinion of the City Forester,
that contributes to the poor health and reduced longevity of the tree, examples
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
calculated at a rate of 1/2 the assessed value of the tree per each instance of
damage.
6.5.1.3. Severe Damage:
Severe damage shall be defined as damage, in the opinion of the City Forester,
that 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 or
removal of a tree. 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). Severe damage or removal of trees is subject to a penalty of $200.00 per
diameter inch of trees removed or damaged for trees less than 30" in caliper,
$400.00 per diameter inch of trees 30" caliper or greater.
6.5.2. Company shall make payment for any such damages and must plant
replacement trees for severely damaged trees at a location to be determined by PACSD.
Replacement shall be made on caliper- inch per caliper inch basis with a minimum size of
replacement tree of 2" in caliper for trees damaged or removed less than 30" DBH and 2"
per inch on trees 30" DBH or greater. Company shall be responsible f6r the planting
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Replacement trees will be planted during the optimal planting season as directed
by the City Forester. Any tree that does not survive the 2-year establishment period shall
be compensated for by the contractor to PACSD at a rate of $200 per caliper inch.
6.5.3. In addition to damages assessed by PACSD, trees removed shall also be
subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
6.6. Emergency Procedures.
6.6.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the City officials specified below, poses an immediate threat to
life, health or property and is caused by any natural or man-made disaster, including, but
not limited to, 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 Pipeline, and Company hereby (i) releases the
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 8 of 25
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
Pipeline or that Company may otherwise incur as a result of such a response, and (ii)
agrees that Company, at Company's sole cost and expense, shall be responsible for the
repair, relocation or reconstruction of all or any of its Pipeline 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 Pipeline, the City will notify Company as
soon as practicable so that Company may advise and work with the City with respect to
such action.
6.6.2. The Company shall maintain written emergency response plans pursuant
to 49 C.F.R. § 192.6150
6.6.3. In the event of an emergency that directly involves that portion of the
Pipeline located in the Park and necessitates immediate emergency response work or
repairs, Company may initiate the emergency response work or repairs or take any action
required under the circumstances provided that Company notifies the City as promptly as
possible. After the emergency has passed, Company shall apply for and obtain any
applicable federal, state and local permits, as may be adopted and amended from time to
time for the emergency work and otherwise fully comply with the requirements of this
Agreement.
6.7. Surface Repairs Due to Installation or Other Company Activity.
Company acknowledges and agrees that no invasive surface use of the Park is allowed
under the terms of this Agreement. However, if any construction activity by or on behalf
of the Company on the surface of any abutting or adjoining property or in the subsurface
of the Park property affects the surface of the Park (including construction activity related
to initial installation, operation, maintenance, or removal of the Pipeline), Company, at its
sole cost and expense, and in a manner approved by the City, shall promptly restore any
portion of the Park, Public Rights of Way, or other City -owned property that are in any
way disturbed or damaged by the construction activity to a condition that is at least as
good as the one in which such property was found immediately prior to the construction
activity. Unless otherwise specified in this Agreement or by the City, Company shall
diligently commence such restoration within thirty (30) calendar days following the final
date of construction activity by or on behalf of the Company. All materials for
restoration of the Park shall be inspected and approved by the Director prior to
placement. Any soil and grass used in connection with the restoration shall be
accompanied by supporting documentation certifying that the quality meets or exceeds
specifications required pursuant to the specifications attached in Exhibit "C". All
planting material shall be inspected by the Director prior to installation. Company will
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 9 of 25
water each affected area as many times as necessary until a stand of grass is established
comparable to that which was originally in place before the construction activity. Surface
areas to be restored shall be determined by the Director. In the event of a gas, drill mud,
or other spill, Company shall immediately notify the City and coordinate with the
Director the removal of any and all contaminated soil from the property in accordance
with all applicable state and federal laws.
6.8. "As -Built" Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as -
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as -built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.9. Specifications of the Pipeline.
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations
Title 49 Part 192 and as adopted and modified by the Texas Railroad Commission. The
Pipeline shall not exceed a nominal diameter of ten(10) inches and a right of way width of
no more than twenty 20) feet throughout the entire length of the Park as depicted on
Exhibit "A".
6.10. Marking of Pipeline.
The Pipeline shall be marked pursuant to the rules and regulations promulgated by
the U.S. Department of Transportation, Office %J Pipeline Safety, as set out in the Code
of Federal Regulations Title 49 Part 192 and as adopted and modified by the Texas
Railroad Commission, with signage that shall show conspicuously Company's name and
a toll -flee telephone number of Company that a person may call for assistance.
6.11. Surface Excavation and Additional Fees.
The City shall have the right to coordinate all excavation work in the Park in a
manner that is consistent with and convenient for the implementation of the City's
program for public dedicated open space. In order to preserve the integrity of the Park,
Company shall not cut, excavate or otherwise breach or damage the surface of the Park
except as specifically permitted under the terms of this Agreement.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 10 of 25
6.12. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City.
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the Park all or any portion of its Pipeline due to street or
other public excavation, construction, repair, grading, re -grading or traffic conditions; the
installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the
vacation, construction or relocation of streets or any other type of structure or
improvement of a public agency; any public work; or any other type of improvement
necessary, in the City's sole discretion, for the public health, safety or welfare. If
Company reasonably requires more than forty-five (45) days to comply with the City's
written request, it shall notify the PACSD in writing and the City will work in good faith
with Company to negotiate a workable time frame.
6.13. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the Park under this Agreement shall cease and
Company shall immediately discontinue the transportation of Gas in or through the Park.
Within six (6) months following such revocation, termination or expiration and if the City
requests, Company, at Company's sole cost and expense, shall cap and leave the Pipeline
in place in accordance with applicable laws and regulations. If Company has not capped
the Pipeline within six (6) months following revocation, termination or expiration of this
Agreement, the City may deem any portion of the Pipeline remaining in the Park
abandoned and, at the City's sole option, (i) take possession of and title to such property
or (ii) take any and all legal action necessary to compel Company to remove such
Pipeline; provided, however, that Company may not abandon its facilities or discontinue
its services within the City without the approval of the Commission or successor agency
or any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping and leaving in place) of the Pipeline. If Company has
not restored all such property within this time, the City, at the City's sole option, may
perform or have performed any necessary restoration work, in which case Company shall
immediately reimburse the City for any and all costs incurred in performing or having
performed such restoration work.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 11 of 25
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company 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 or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline; (ill) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company'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.
COMPANY 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 THE PARK UNDER THIS AGREEMENT OR
WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION
OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'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,
INCLUDING LOST REVENUES, WHICH MAY ARISE OUT OF OR BE IN ANY
WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION,
OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY
RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION
OF GAS THROUGH THE PIPELINE, (III) ANY CLAIM OR LIEN ARISING OUT
OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO
COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IT) COMPANY'S
FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF THE CITY.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 12 of 25
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS
FULLY INSPECTED THE PARK, (n) COMPANY IS SATISFIED WITH THE
CONDITION OF THE PARK; AND (iii) COMPANY HAS BEEN FULLY ADVISED
)FITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION
MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS, IFANY, ON OR ABOUT THE PARK.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK
COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
'ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCH,
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY, AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE DR IN PART, BY
COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
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 Company prompt written notice of the making of any claim or
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverage 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 Park and the construction, installation, operation,
maintenance or condition of the Pipeline, including the transportation of Gas through the
Pipeline. The required insurance can be met by a combination of self-insurance, primary
and excess policies.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 13 of 25
8.1. 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.
8.2. 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.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company 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.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters author7zed 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, Company 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, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 14 of 25
8.4. 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.
8.5. 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 Company's liability to the City or other
persons as provided by this Agreement or law.
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 Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company 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 Company (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 Company, any
of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 15 of 25
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state, or local laws, ordinances, rules and regulations of the City.
9.5 Failure to Complete Construction.
An Event of Default shall occur if Company fails to complete construction of the
Pipeline in accordance with Section 6.1.2.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company'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 Company. If an Event of Default occurs for a reason other
than for failure to pay the License Fee, the City shall provide Company with written
notice and shall give Company 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 City,
Company 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, Company 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 from the City, become an "Uncured
Default" and the City immediately may exercise the remedies provided in Section 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 tei7ninate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement and, except as to Company'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.
Company 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.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. The City's right to terminate this Agreement under this
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 16 of 25
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
Company may not abandon the Pipeline 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. Leal Action against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company 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.
11.1. Filings with the Commission.
Company shall provide copies to the City of all documents which Company files
with or sends to the Commission concerning or related to its transportation of Gas
through or other operations in the City, including, but not limited to, filings related to (i)
tariffs; (ii) rules, regulations and policies requested, under consideration or approved by
the Commission; and (iii) applications and any supporting pre -filed testimony and
exhibits filed by Company or third parties on behalf of Company, on the same date as
such filings are made with the Commission. In addition, Company shall provide the City
upon request with copies of records, documents and other filings that Company is
required to maintain or supply to the Commission under any applicable state or federal
law, rule or regulation concerning or related to its transportation of Gas through or other
operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company 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. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
accordance with the terms and conditions of this Agreement, and shall be solely responsible for the
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 17 of 25
acts and omissions of its officers, agents, servants, employees, contractors and subcontractors.
Company acknowledges that the doctrine of respondent superior shall not apply as between the
City and Company, its officers, agents, employees, contractors and subcontractors. Company
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Company 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 Company may make such an assignment of its
rights to an affiliated company without the consent of City, provided, that upon such assignment,
Company shall notify City within sixty (60) days of said assignment. An `affiliated company'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company. 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 company, Company shall remain liable to City
for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be
applicable to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, 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
with a copy to:
City of Fort Worth
Department of Law
Attn: Attorney for PACSD
1000 Throckmorton
Fort Worth, TX 76102
To COMPANY:
Texas Midstream Gas Services, L.L.C.
Mr. Dave Johns
Manager, Property Rights
100 Energy Way
Fort Worth, Texas 76102
with a copy to:
Texas Midstream Gas Services, L.L.C.
C T Corporation System
350 North St. Paul Street, Suite 2900
Dallas, TX 75201
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 18 of 25
15. NON-DISCRIMINATION COVENANT.
Company 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
Company's business operations, in any opportunities for employment with Company 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, Company's transportation of Gas or Company's use
of the 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 Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
the 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 Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
20. FORCE MAJEURE.
In the event Company'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 Company's reasonable control,
Company's non-performance shall be deemed excused for the period of such inability. Causes or
events that are not within the Company's control shall include, but not be limited to, acts of God,
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 19 of 25
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 15 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 by reference, contains the entire understanding and agreement between the City
and Company as to the matters contained herein. 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 OF FORT WORTH:
By:
By:
1Vlarty ��>�dr��9
City Manager
S
t `
TEXAS MIDSTREAM GAS SERVICES, L.L.C.
Dave Jo s ��,pl%-
er ropertty Rights .
Date:
FORM AND LEGALITY:
.ttorney
F
� Vo°�0000poo���
0 0
/y0 0
°
p
a
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 20 of 25
OFFICIAL RECORD
CITX �ECRETARX
FT. WORTH, TX �
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this f day of , 2011, by
Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation,
on behalf of the City of Fort Worth, Texas.
1.1-JR Pfl, HIRRLINGER
MY COI+;MISStON FXPIRES o-Ear Public, State of Texas
Fearuary 2, 2014 11
My commission expires:
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 21 of 25
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
THE STATE OF TEXAS
COUNTY OF TARRANT
ACKNOWLEDGMENT
0
This instrument was acknowledged before me on this o'1'� day of
20119 by Dave Johns, Manager, Property Rights, for Texas Midstream Gas Services, L.L.C. an
Oklahoma limited liability company, on behalf of said company.
JEANETTE MICHEIIE Hlll
Notary Public, State of Texas
My Commission Expires
Pebmaty 21, 2016
State of Texas
My commission expires:�jOtr•L�.Yy► 61� � c� +��5
My commission number: 1 �1q �Olp
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 22 of 25
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, Tx
EXHIBIT "A"
PLATTED LEGAL DESCRIPTION
Company may only use approximately 500.19 linear feet crossing the Park as depicted below:
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 23 of 25
EXHIBIT
200' 0 100' 200'
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED.
D.W. CAMPBELL SURVEY
A-358
�osE D. c® g
WIFE, MARIA E. CARRASCO
CALLED 6.002 ACRES
0206106046
O.P.R.T.GT.
TARRANT COUNTY, TEXAS
D.W. CAMPBELL SURVEY, A-358
J. ARMENDARIS SURVEY, A-63
C p
6 �'
�/�
i E �
T. & P. R.R. SURVEY / 6 i ,
A-1774 /j � i \
6 E
�� � w ° ;
%/ � � °
�I
i s
/ J. ARMENDARIS SURVEY i � G -�
// A-63 I z �
/ i U I .
/ � � �
%// � o
�/ � 6
,✓C.M. 1/2° I.R.F. ________� �
�______ \
� ® I __—
CITY OF FORT WORTH
� CALLED &6035 ACRES 6 6
VOL 5176, PC. 327
D.R. T.C.T. ROSARIO HURTADO 6 W1FE,
� I MARIA .D HURTA00
(ROSEN PARK)
CALLED 2.066 ACRES
'� 0203201J70
'� \ \ I O.P.R.LC.T. 0
\ I 6
I
�'� I N43' 42� 09"E � �
� I 300.17'
20' LICENSE AREA ���
� I) 0 i a
___ C.M. 1/2" LR.F.
1. BEARINGS &COORDINATES SHOWN HEREIN ARE REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83
(2006) DATUM (TEXAS NORTH CENTRAL ZONE 4202)
2. THIS IS AN EASEMENT SURVEY AND DOES NOT REPRESENT
A BOUNDARY SURVEY. THIS SURVEY IS BASED ON TITLE
INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES
ONLY. EXISTING UTILITIES ARE SHOWN PER ABOVE GROUND
EVIDENCE ONLY.
PROJECT:
DRAWN BY:
CHECKED BY:
DATE DESCRIPTION CHK SEGMENT ID:
Gateway 2846 SE LOOP 820 DATE:
Fort Worth, TEXAS 76140
7 Services OFF. (817) 551-5108 SHEET:
FAX (817) 551-9408
Group REG. Number 100212-01 SCALE:
23RD STREET
SALV
DS
COB
570061
12/14/10
1 of 3
r�:� �.�
s� •��D
9,:9o,�3889 �� �'�
�� p • Fss:o� �QP
�, - ��
CHARLES 0. BUZZARD DAZE
TEXAS R.P.L.S. Number: 3669 � �� /�
t e X !� S MIDSTREAM
AS SHOWNI DWG. FILE:
LICENSE AREA EXHIB77'
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
TX-TARR-SALV-004.00
SZTDNoO�
or O��p DO
m-<�o=m.4m
Z KCw �=D
O mDZ MX
r*)x�o�o�z
zlzZ�y�
cOA>-4 j0
m
r 50 rr?MX DO
�m<KDm;O
0
m o
m 2 ? Z D
O D
D -< NC�Zm
mrnn�:vmin
=>Mmn
oZOO
>zm6
- Z) OZ
�tn�Or-D=
A mDOOmm
D D m N z In Z
=Ko m-<i
OOOo��>
A
Up) O K M
O N ;0
;a m Z =
Zsmm ��
on m (.4Z
Lf) Z O
O
C7
x
h
=
D
0
m>
o
m
m
m
Z
m
E
i
�
N
V)
N
N
N
O
m
ti x
X O n
Q7
o�� H
<
CD yrn
O
CD m
O �
`m
°D
mK
r
?
W
r
N
r
�
Lk
o
u
o
u
m
r
Cho
-pt
W
N
;
c�
c
-
0
o
0
a
0
_
D
m
+�
w
(0 0J 1N3W35V ON) �O }
Z o m 00
m I 00 ! V) D' VI
m I I �r>m (n
3 l oxp r
m y * 1 � �m �
m o \ + Z]pO D I
Oco NJ O.'0 O
f
D W
1 D D n O
r- �
X --X O) O Z7 0 O
CONCRETE DRIVE rn N O 1�
ROCK ISLAND ST.
(60' R.O.W.)
ASPHALT PAVEMENT
—Moa
F I0
E D
F z
ID
r fV
m
f �
F (n
A
CA
O F rri
m
m
o I
I
_ / I
O
f FI
/ n
A
/ o � F
/ m
/ O
f
m
c
N A
m o
F
E
x
c]
m o
CHAIN
ALV- 4. U
._ (NO EASEMENT FOUND)
— ss ss ss ss
AL - 1 O /
Fg
w LL
ccy4
p
m
'y
m
Zp
z
o
m
o
z f w
oD
N C7
m
N
mzm
N l
m
crn
m
wu
FENCE
WOOD POST
LAYING DOWN
(TYPJ
s5
ss� ss — ss
(N0 EASEMENT FOUND)
O p(AU0 D
au m r
Z rn a o <
O
W n O O
�I m�
U)
z
mz�v
W
(O
0o
u�
C.M. 1 /2" IRF
01/2" CIRS
WIRE X I
FENC
x ETAL
FENCE
WOOD
BUILDING
w
U
m
m
m
X
W
EXHIBIT
TARRANT COUNTY, TEXAS
D. W. CAMPBELL SURVEY, A-358
LICENSE AREA
Description of a 0.23 acre tract of land situated in the State of Texas, County of Tarrant,
in the J. Armendaris Survey, Abstract No. 63 and the D. W. Campbell Survey, Abstract No.
358, being out of and a part of a called 8.8035 acre tract of land as described in a deed
to the City of Fort Worth, recorded in Volume 5176, Page 327 Deed Records, Tarrant
County, Texas, -said 0.23 acre tract of land being more particularly described as follows:
COMMENCING at a half —inch iron rod found at the south corner of a 2.066 acre tract of
land as described in a deed to Rosario Hurtado, and wife, Maria D. Hurtado, recorded in
Instrument Number D203201370, Official Public Records Tarrant County, Texas, and an
interior ell corner of said 8.8035 acre tract of land; THENCE N43°32'09"E, a distance of
280.17 feet along the common line of aforementioned City of Fort Worth and Rosario
Hurtado, and wife, Maria D. Hurtado acre tracts, to the TRUE POINT of BEGINNING;
THENCE N43°42'09"E, continuing along said common line, a distance of 20.00 feet to a
half —inch iron rod found on the southwesterly right—of—way line of 23rd Street (a 60' public
right—of—way), as shown on the Final Plat of Rosen Heights, Second Filing recorded in
Volume 2009, Page 124, Deed Records, Tarrant County, Texas, the east corner of said 2.066
acre tract of land and the most easterly north corner of said City of Fort Worth 8.8035
acre tract of land;
THENCE S46°08'05"E, along said southwesterly right—of—way line, a distance of 500.24 feet
to the east corner of said City of Fort Worth tract, and the north corner of a tract of land
as described in a deed to Jose D. Carrasco 8c wife, Maria E. Carrasco, recorded in
Instrument Number D208106406, Official Public Records, Tarrant County, Texas;
THENCE S43°54'00"W, departing said right—of—way line and with the common line of
aforementioned City of Fort Worth and Jose D. Carrasco & wife, Maria E. Carrasco tracts, a
distance of 20.00 feet;
THENCE N46°08'05"W, departing said common line, a distance of 500.17 feet to the common
line of said City of Fort Worth and aforementioned Hurtado tracts, being also the POINT OF
BEGINNING and containing 10,004.05 square feet or 0.23 acres of land, more or less.;
1. BEARINGS &COORDINATES SHOWN HEREIN ARE REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83
(2006) DATUM (TEXAS NORTH CENTRAL ZONE 4202)
2. THIS IS AN EASEMENT SURVEY AND DOES NOT REPRESENT
A BOUNDARY SURVEY. THIS SURVEY IS BASED ON TITLE
INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES
ONLY. EXISTING U1ILITIES ARE SHOWN PER ABOVE GROUND
EVIDENCE ONLY.
DATE � DESCRIPTION
Gateway
2846 SE LOOP 820
Fort Worth, TEXAS 76140
SefVICBS
OFF. (817) 551-5108
FAX (817) 551-9408
GfODp
REG. Number 100212-01
PROJECT: SALV
DRAWN BY: DS
CHECKED BY: COB
CHK
SEGMENT ID: 570061
DATE: 12/20/10
SHEET: 3 of 3
SCALE: AS SHOWN
�g �f �►ar� �+ 1
., , °,♦� � AAA �'�
CMAgIES Q � �1ZZARD
r�':q9 388� �,:
�,SURVE�
CHARLES 0. BUZZARD �(/ DATE
TEXAS R.P.L.S. Number: 3669 � /b �/�
t e X � S MIDSTREAM
LICENSE AREA A7IBIT
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Dwc. FILE: TX—TARR—SALV-004.00
EXHIBIT "B"
ALIGNMENT SHEETS)
Open trench and boring areas
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 24 of 25
EXHIBIT "C"
PARK RESTORATION SPECIFICATIONS
Natural Gas Pipeline License Agreement Rosen Park Tract SALV-004.00
Page 25 of 25
1
1
SECTION 02830 as SEEDING 1
PART 1- GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
Be Related Work Specified Elsewhere: Section 02300, Earthwork,
1.02 REFERENCE STANDARDS d
A. Standardized' Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural /
Nomenclature-, Second Edition, 1942,
2. For native materials
a Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
C. Flora of North Central Texas by Shinners and Moller /
B. Texas Highway Department: Standard Specifications fox Construction, Item 164,
"Seeding for Erosion Control" and: Item 180, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
seeb. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
Be Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species (see Part 2 - Products). Do not
seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour.
Be Schedule after all other construction is complete.
SECTION 02930 - SEEDING
-1-
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew,
and for the planting the seed and maintaining the seedlings until acceptable viable growth is
achieved and the project accepted by the City.
PART 2 —PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per
acre.
Substitution of individual seed types due to lack of availability shall be determined only by
the City at the time of planting. The Developer/Contractor shall notify the City of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in
the field and approved by the City.
Weed seed shall not exceed 10 percent by weight of the total of pure live seed (PLS) and
othCI material in the mixture: Johnsongrass and nutgrass seed shall not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
Tf planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name P� Germination
25 Bermuda (unhulled) Cynodon dactylon 85% 90%
75 Bermuda (hulled) Cynodon dacrylon 95% 90%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82% 80%
40 Bermuda (unhulled) Cynodon dacrylon 84% 85%
2 Native grass seed - The seed shall be planted between February 1 and October 1
and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
SECTION 02930 - SEEDING
16 Green Sprangletop
40 Sideoats Grama*
64 Little Bluestein*
200 Buffalograss
40 Indian Grass*
16 Big Top Lovegrass*
16 Weeping Lovegrass
80 Canada Wild Rye*
Leptochloa dubia
Bouteloua curtipendula
Schizachyrium scoparium
BucNoe dactyloides
Sorghastrum avenaceum
Eragrostis hirsuta
Eragrostis curvula
Elymus canadensis var.
canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or
within three feet of a walkway.
3 Wildflower seed -All wildflower seeds are to be hand broadcast, (see 3.025A):
The seed shall be planted between March 5 and May 31 or between September 1
and December 1 and shall consist of.
Lbs. PLS/Acre Common Name Botanical Name
10 Foxglove* Penstemon cobaea
20 Lanceleaf Coreopsis Coreopsis lanceolata
50 Bluebonnet Lupinus texensis
10 Pink Evening Primrose Oenothera speciosa
10 Purple Coneflower* Echinacea purpurea
20 Indian Blanket Gaillardia pulchella
10 Mexican Hat Ratibida columnaris
3 Maximillian Sunflower*, Helianthus maximiliana
10 Winecup Callirhoe involucrata
10 Lemon Mint* Monarda citriodora
*These wildflowers are not to be planted within ten feet of a road or parking lot or
within three feet of a walkway.
4. TemAorary erosion control seed
When specified on the plans, temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in_this section.
B. Mulch
A
2.
Mulch should be designed for use with conventional mechanical or hydraulic
pIanting of seed, either alone or with fertilizer.
Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper -by-products (waste products from paper mills or recycled newspaper).
Mulch should contain no growth or germination inhibiting factors.
Mulch should contain no more than ten (10) percent moisture, air dry weight basis.
Additives shall include a binder in powder form.
Material shall form a strong moisture retaining mat.
SECT'IOtJ 02930 • SEEpMG
-3-
0
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 1644, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas — one hundred
(100) pounds of Nitrogen per acre.
c. Where applying fertilizer on established seeding areas — one hundred fifty
(150) pounds of Nitrogen per acre.
D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering /
irrigation, water truck or by any other method necessary to achieve a viable acceptable
stand of turf as noted in 3.04.13.2. The water source shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,
an amount of water that is equal to the average amount of rainfall plus one half inch
(1/2") per week should be applied for approximately two to three weeks or until project is
accepted by the City.
E. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled
paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3 a 1 slope or greater, use the following soil
retention blanket (Follow the manufacturer's directions):
"Curler I" from American Excelsior, 900 Ave. H East, Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter -like ground.cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment.
SECTIGN 02930 - SEEU:�G
-4-
6,
i
3.02
3.03
PART 3 — EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one (1) inch deep.
2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less
seed/water run-off.
3: In areas near trees: Do not till deeper than one half inch (1/2") inside "drip line"
of trees.
Co Watering: Soil should be watered to a minimum depth of four inches within forty eight
(48) hours of seeding.
SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soillhan twice its diameter.
4. For wildflower plantings, scalp existing grasses to one inch, remove grass
clippings, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties
of seed, as well as fertilizer, may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter (1/4") inch to three eighths (3/8") inch utilizing a pasture or rangeland
type drill. All drilling is to be on the contour. After planting, the area shall be rolled with
a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All
rolling of slope areas shall be on the contour.
:MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be
applied concurrently with fertilizer and seed, if desired.
I3. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces - minimum I,800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
SFuriON 02930 - SF.F.DNG
F
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by
daily water application, if necessary:
1. For approximately twenty-one (21) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04. B.2) and project
has been accepted by the City.
3.04 MA�ITENANCE AND MANAGEMENT
A. Includes protection, replanting, maintaining grades and immediate repair of erosion
damage until the project receives final acceptance.
B. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a reasonable
length of time, as determined by the City.
2. A "stand" shall be defined as:
a. Bermuda/Rye grasses: Full coverage per square foot established within
two to three (2-3) weeks of seeding date on a smooth bed free of foreign
material and rocks or clods larger than one inch diameter.
b. Native grass and wildflowers: eighty percent (80%) coverage of growing
plants within seeded area within twenty-one days of seeding date on a
smooth bed free of foreign material and rocks or clods larger than one inch
diameter.
END OF SECTION
SECT[ON 02930 - SEED[NG
-6-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/20/2011
DATE: Tuesday, September 20, 2011
LOG NAME: 80ROSEN PARK GAS PIPELINE
REFERENCE NO.: L-15250
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Rosen Park for the
Purpose of Installing a Ten Inch Natural Gas Pipeline and Authorize the Execution of a License Agreement
with Texas Midstream Gas Services, LLC, in the Amount of $23,633.98 (COUNCIL DISTRICT 2)
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 no feasible or prudent alternative exists for the use of Rosen Park for the location of the
proposed natural gas pipeline;
3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Rosen Park as specified on the attached
exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the use of approximately 0.23 acres of dedicated parkland of
Rosen Park for the installation of a 10-inch natural gas pipeline; and
5. Authorize the execution of a License Agreement with Texas Midstream Gas Services, LLC, in the
amount of $23,633.98.
. Rosen Park - 2200 McCandless Street, Mapsco 61 B, east of McCandless Street, west of 23rd Street
NW, north of Urbanview Street and north of the terminus of Capri Drive and True Avenue, in Council
District 2.
DISCUSSION:
The purpose of this M&C is to authorize the execution of a license agreement with Texas Midstream Gas
Services, LLC, in the amount of $23,633.98 for use of a approximately 0.23 acres of the subsurface of
Rosen Park for the purpose of installing aten-inch natural gas pipeline.
The Parks and Community Services Department (PACSD) has been approached by Texas Midstream
Gas Services, LLC, (TMGS) to install a natural gas pipeline in Rosen Park. The natural gas line will be
servicing the Salvation Pad Site. The proposed alignment would allow fora 10-inch natural gas pipeline
beneath the park. A 500.19 linear feet by 20-foot wide Pipeline License Agreement area is being
requested, and the requested area equates to approximately 0.23 acres (10,003.8 square feet).
The location of the pipeline was chosen in consideration of the future development plans for Rosen
Logname: 80ROSEN PARK GAS PIPELINE Page 1 of 2
Park. TMGS has agreed to maintain a minimum depth of 30 feet. A License Agreement will be required.
On July 27, 2011, the Parks and Community Services Advisory Board (PACSB) endorsed Staffs
recommendation that the City Council authorize the use of approximately 0.23 acres at Rosen Park for the
installation of a natural gas pipeline. In accordance with State law, the public notice was advertised in the
Fort Worth Star -Telegram on August 23, 2011, August 30, 2011 and September 6, 2011. 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 North Beverly Hills Neighborhood
Association and Far Greater Northside Historical Neighborhood Association on August 26, 2011. Signage
was posted at the site noting the proposed use and providing instructions for directing comments to the
Parks and Community Services Department. Staff will note any received public comment during the public
hearing Report of City Staff.
Staff is recommending as a condition of granting this alignment, that TMGS be assessed the
recommended standard fee of $47.25 per linear foot of pipeline. This amount is consistent with fees
assessed under the City's current Right -of -Way Use Agreements for installation of non -utility equipment,
appliances or appurtenances in public rights -of -way. In this instance, a fee of approximately $23,633.98
will be assessed for approximately 500.19 linear feet of pipeline.
The funds generated from the assessment will be distributed in accordance with the City's Financial
Management Policy Statements for Gas -Related Revenue.
Rosen Park is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
C282 446300 801929990300
T122 446300 080192003371
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. MC location map.pdf (Public)
2. MC location map2.pdf (Public)
$11,816.99
$11,816.99
FROM Fund/Account/Centers
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
Logname: 80ROSEN PARK GAS PIPELINE
Page 2 of 2