HomeMy WebLinkAboutContract 35532 Y
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NO.
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 34131
(PUBLIC RIGHT-OF-WAY HT-of-WAY US AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT N .
34131 "Consent's) is made and entered into by and between the CITY of FORT WORTH,
TEXAS (the "City"), a home rule municipal corporation organized under the laves of the State
of Texas; TEXPORT CATHERING, LLC "'Assignor" or "Company"), a Texas limited
liability company, and ETC TEXAS PIPELINE, LTD. "'Assignee's), a Texas limited
partnership.
The following introductory provisions are true and correct and form the basis of this
Consent:
A, The City and Assignor previously entered into City Secretary Contract Igo. 34131, a license
to erect, construct, install, maintain and transport Gas through a Pipeline in a certain Public Riot-
of-ray in the City (the "License ense Agre ment"). The License Agreement is a public document on
file in the City Secretary's Office.
B. Assignor now wishes to assign to Assignee all of Assignor's right, title and interest
granted to Company under the License Agreement; Assignee wishes to accept such assignment;
and the City is willing to consent to such assignment subject to the terms and conditions set forth
in this Consent.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor, and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Company pursuant to the license Agreement (the "Assignment"), effective
as of the last date that the City, Assignor and Assignee have executed this Consent ("Effective
Date"). The License Agreement is incorporated herein by reference for all purposes.
2. The City does not adopt, ratify or approve the particular provisions of any written or oral
agreement or understanding that may have made or reached by and between Assignor and
Assignee as part of or in regard to the Assignment. The City does not grant any right, privilege
or use to Assignee that is different from or more extensive than any right, privilege or use
granted to Company pursuant to the License Agreement. In the evert of any conflict between
the License Agreement and the Assignment, the License Agreement shall control.
The City consents to the Assignrnent expressly upon the promise and covenant by
Assign-ce. and Assignee hereby promises and covenants to the City, that as of the Effective Date
Assignee will faithfully perform, as an independent contractor, all duties and obligations of
Company set forth in the License Agreement.
Consent to Assignment of CSC No. 34131
by Txport Gathering, L.L.0 to ETC Texas Pipeline, Ltd.
Page l Fla `,f+,+ �
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Assignor understands and agrees that Assignor and Assignee will be jointly and severally
liable to the City for i any duty or obligation of Company that Assignor was required by the
License Agreement to undertake or perform prior to the Effective tive Date and (ii) for any damages,
including, but not limited to, property loss, property damage and/or personal injury of` any kind,
including death, to the extent caused by Assignor, its officers, agents, servants, employees or
subcontractors.
5. Notices required pursuant to the provisions of the License Agreement shall be
conclusively determined to have been delivered when hand-delivered or mailed by United States
Mail,postage prepaid, return receipt requested, addressed as follows:
To Assignee: To Assignor:
ETC TEXAS f IPEUNE, LTD. Te p rt Gathering, LLC
Bike Spears, Paul Sander,
Vice President, Operations Vice President
800 Sontcrra Blvd, 14001 loath Dallas Parkway
Suite 400 suite 1 000
San Antonio, Texas 78258 Dallas,Texas 75240
6. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the License Agreement.
EXECUTED as of the latest date below:
CI'T'Y OF FORT WORTH: ATTEST:
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y• By-
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Karen L. Montgomery I rty Hendrix
Assistant City Manager/C.FO City Secretary
Date:
No M&C ItEQUIRED
APPROVED AS TO FORM AND LEGALITY:
By.
Peter Yay
Assistant City Attorney
M&C:
4 a
Consent to Assignment f CSC No.34131
by Texport Gathering, LLC to ETC Texas Pipeline, Ltd. � ��i�"���F Z
Page
TEXPORT GATHERING, LLC,
ATexas Limited Liability any;
By:
Paul S;iffe—r
Vice President
Date: ' QL'4-) t.,
ETC TEXAS PIPELINE,LTD,
By: LG PL, LLC
its General Partner:
By:_
Mike Spears
Vice President, Operations
Date:
v-
Consent to Assignment of CSC No. 34131
by Texport athering,
LL C to ETC Texas Pipeline, Ltd.
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