HomeMy WebLinkAboutContract 42501 C l 1 1 SECRETARY
CONTRACT NO.
TEMPORARY ACCESS PERMIT AGREEMENT
This Temporary Access Permit Agreement ("Pen-nit") is hereby made and entered into by
and between the City of Fort Worth (hereinafter referred to as "City"), a home-rule municipal
corporation organized under the laws of the State of Texas and Texas Midstream Gas Services,
L.L.C., (hereinafter referred to as "Company"), 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 the permit:
A. Texas Midstream Gas Services, L.L.C. ("Company"'), an Oklahoma limited liability
company, wishes to enter onto the surface of property described as Sycamore Heights
Block 14 Lot A4, as shown on the deed recorded in Volume 3167 Page 568 of the
Tarrant County Real Property Records and as further depicted in Exhibit "A",
hereinafter referred to as "Premises" for the purpose of ingress and egress to
construct a gas pipeline in accordance with City of Fort Worth M&C L-15255.
B. The City has reviewed Company's request and agrees to grant Company a permit
("Permit") to use a portion of the Premises as described in Exhibit"A" for purpose of
ingress and egress over the Premises to construct a natural gas pipeline on nearby
lands and based on the terms and conditions set forth herein.
Agreement
1. Subject to the terms and conditions set forth in this Permit and the City Charter and
ordinances, the City hereby grants Company a permit to allow temporary ingress and
egress access across City property as depicted on Exhibit "A". Company hereby
acknowledges and agrees that this Permit allows only for temporary ingress and egress
over the Premises and is not to be construed for any other activity or use.
2. This Permit and all rights granted herein to Company are strictly nonexclusive. The City
reserves the right to go on or across and permit others to go on or across, the Premises for
any purpose whatsoever and to conduct any operations or activities that the City may
desire.
3. Company shall have access to the Premises on October 31, 2011 through April 30, 2012
(Six Months) upon which time this Permit shall automatically terminate. Prior to the
time Company is entitled to any right of access to or use of the Premises for ingress or
egress, Company shall deliver two (2) signed copies of this Permit to the attention of D.J.
Harrell, Gas Lease Program Land Agent, Planning and Development Department, 1000
Throckmorton, Fort Worth, Texas 76102-6302.
4. Company agrees to conduct its operations in accordance with good standard practices and
shall comply with all Federal, State, and local laws, rules and regulations.
5. Company agrees to pay City for all damages suffered or incurred b it, either directly or
indirectly, as a result of any operations conducted for or by tWh;1AL `r` IRD
employ ees tit- representat iN es on the Pretn i ties. including all damage oC* •fit- .
FT, WORTH, TX
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or fallen timber, buildings, fences, equipment and all other property, whether real or
personal.
6. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMESS THE
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS A111,D
EXPENSES OF ANY RIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOST TO
COMPANY'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR
PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE
OUT OF OR BE OCCASIONED BY(j) COMPANY'S BREACH OF ANY OF THE
TERMS OR PRO VISIONS OF THIS PERMIT OR (i) ANY NEGLIGENT A CT OR
OMISSION OR INTENTIONAL MISCONDUCT OF COMPANY, ITS OFFICERS,
AGENTS, ASSOCIATES, EIVlPLOYEES, CONTRACTORS OR
SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS PERMIT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE
NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, OR EMPLOYEES.
IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
COMPANY AND CITY, RESPO11jSIBILITY, IF ANY SHALL BE APPORTIONED
COMPARA TI T EL Y IN r A CCORDAII rCE WITH THE LA TES OF THE STA TE OF
TEXAS.
7. Company covenants and agrees that City shall in no way or under any circumstances be
responsible for any property belonging to Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees or trespassers which may be stolen,
destroyed, or in any way damaged, and Company hereby indemnifies and holds harmless
City from any and all such claims. City does not guarantee police protection and will not
be liable for any loss or damage sustained by Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises.
8. Company agrees that City shall not be liable for any loss, injury or damage whatsoever
suffered or incurred by Company or Company's agents, employees or representatives
while on the Premises.
9. Company agrees that it is taping the Premises in their current "AS 1S" condition, with no
representations or warranties of any nature whatsoever by City.
10. Company agrees that the Premises shall not be used for storage or for any other purpose
except as outlined in this Permit.
11. Company shall not cut or remove any trees on the Premises, and no surface use of the
Premises shall occur except the use as outlined in this Permit.
12. Company agrees that access for all vehicles and other equipment is limited to the defined
roadway, which may only be used for the transport of equipment and supplies for
construction of the gas pipeline and for no other purpose.
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13. Company must provide a pre-installation video of the Premises and a lost-installation
video of the Premises to the City of Fort Worth Gas Lease Program staff to ensure that no
damage has been done to the Premises.
t4. Company agrees that access for truck traffic shall be prohibited on Sunday's or FIolidays.
15. Upon the conclusion of the Permit, Company agrees to return the Premises to a same
condition that is as good as or better than the one in which the Premises existed
immediately prior to Company's use. Company specifically agrees to remove all
hazardOLIS conditions on the Premises created by Company's operations.
16. Coinpariy may not assign or otherwise transfer any of its rights or obligations Linder this
Permit.
By executing this Permit, Company agrees to and accepts the terns, conditions and provision
contained herein.
Texas Midstream Gas Services,L.L.C. City of Fort'worth
Address: 1000 Throclunorton
Fort Forth, Texas 76102
Phone:
Title:
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By ATTEST: �1�,�,�►�' '
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APPROVED AS TO FORM AND LEGALITY:
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Date: Date
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWoRm
COUNCIL ACTION: Approved on 9/27/2011
DATE: 9/27/2011 REFERENCE L-15255 LOG NAME: 062050 SYCAMORE
NO.: HEIGHTS PERMIT
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Six-Month Temporary Access Permit Agreement with Texas
Midstream Gas Services, L.L.C., in the Amount of$5,000.00 for the City owned Property
Described as Block 14, Lot A4 of the Sycamore Heights Addition, Located Near 1750
Beach Street Just West of Gateway Park (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a six-month temporary access permit
Agreement with Texas Midstream Gas Services, L.L.C., in the amount of$5,000.00 for access across
City owned property located near 1750 Beach Street just west of Gateway Park with a legal
description of Block 14, Lot 4A of the Sycamore Heights Addition.
DISCUSSION:
The City has been approached by representatives of Texas Midstream Gas Services, L.L.G.,
requesting a temporary access permit Agreement across a portion of the City owned property known
as Block 14, Lot 4A of the Sycamore Heights Addition. The property is located near 1750 Beach
Street,just west of Gateway Park, and the access Agreement will be used to provide access for the
installation of a natural gas pipeline across Gateway Park. The proposed Agreement will allow access
for a term of six months for construction vehicles within a defined roadway across the property.
Texas Midstream Gas Services, L.L.C., has agreed to pay the City the standard fee of$1,000.00 per
month for access across the property for a total revenue of$6,000.00 for the six-month term of the
Agreement. Revenues received from this project will be administered in accordance with the current
Financial Management Policy Statements. In addition, Texas Midstream Gas Services, L.L.G., will be
responsible for repairing any damage resulting from the temporary access and for restoring the land
and any affected surrounding property.
The property is located in COUNCIL DISTRICT 8, Mapsco 78A.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due the City.
TO Fund/Accou nVCenters FROM Fund/Accou nVCenters
GC 10 446300 006060001000 $3,000-00
T 12 7 446300 006127099901 $3,000.00
http:Ilapps.cfwnet.orglcouncil_packetlmc_review.asp?ID=15872&councildate=912712011 10/25/2011
M&C Review Page 2 of 2
Submitted fgr Ci Manage office b Fernando Costa (0122)
Originating Departnnent Head= Randle Harwood (6101)
Additional infarmatian an��:
Jean Petr(8367)
.� �._. _,_, . DJ Harrell (8032)
ATTACHMENTS
ProposedAccmExh i bit.pdf
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