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Home My WebLink AboutContract 42460 r' C TY SECRETARY CONTRACT NO, TEMPORARY INGRESS AND EGRESS AGREEMENT STATE of TEXAS Co § KNOW ALL MEN BY THESE COUNTY of TARRANT § PRESENTS This Temporary Ingress and Egress Agreement greement "Agreement's) is entered into between the City of Fort Vllorth, Texas, a municipal corporation poratlon of Tarrant County Texas "CITY" ("CITY") and Texas Midstream Gas Services L.L.C, an Oklahoma ahoma limited liability company(«COM PANY ). For and in consideration of other goods and valuable consideration, the sufficienc • y of which is hereby acknowledged, and in consideration of the covenants contained herein, CITY and COMPANY agree as follows: I. Subject to the terms of this Agreement, ingress and egress g #, CITY hereby grants the COMPANY a to g ess (the "Survey License") onto Wvildwood N mporary attached Exhibit "A", hereinafter referred North Park described in the to as the "Property`, 2. The term of this Agreement shall be for thirty (3Q� days upon the execution Agreement. of this 3. The Agreement shall only be used for _ the purpose of pert orming engineering neerin design and surve +n for a proposed gas pipeline to be located thr ough a portion rt+on of V +Idwoad North Park. 4. COMPANY shall have free and uninhibited access across, through and o Y e purpose as described in Section 3 ab g over the agrees that COMPANY's access shall above. CITY acknowledges and contractors as be with veh+ties, equipment and b em outlined on the attached exhibit. The A Y employees or COMPANY and its employees, agents, Agreement shall include the right of aforementioned Pro g � representative or contractors to access Property for the purposes stated herein. the 5. COMPANY shall minimize disturbance to the surface or subsurface of the Pro e surrounding property. Any disturbance to the p rty and Community Services De park shall be reported to the Parks and Department (PACSD) for assessment. Restor area to the condition existing prior to the change at+on °f disturbed inspected by the PACSD. nge or damage are to be approved and 6. This Agreement is not assignable b . g Y the COMPANY without the prior written hall not be unreasonably withheld. consent of CITY, which s 7. COMPANY shall, at its own cyst and expense comply with all applicable laws, includin vrd' g but not limited to existing zonin enacted or promulgated g +nances, governmental rules and re ulati by any governmental authority and s g ons u + a ° nd requirements imposed Y hall promptly execute and OFFICIAL RECORD by such governmental entities for t CORD he CITY SECRETA� • Der k eral= ct 004.00 Pad i` -i u}ii „° ly= 4 i-k•. i i i•-.t k a,_y s s 5 ,ri .r 4.' '+`rAk.. �.ri'. .E r-.''''rF:.•.-., •;•s 1"'. }3t'frh:4 r, 7rC, �ifi.:. �-+ -k. .y;'.•.rwK•;�r,.O!_nr.v.• mC'l,li-'rCK`..�}.y '••:?,..fie,+. E;'*:til.-.T�,G.- - w. •e•:~• ;.J-.4 Lea.➢,-'.L'ryiG - ., 1` j` . correction, prevention and premises because abatement of nuisances in or upon or connect ed with said thereof. 8. The Company shall event II not enter the city or if property is conside grounds of the Property event for an asses red Wet. Contact the P within 48 hours of a rain assessment. ACS Superintendent after a storm g- CITY shall not be fable to COMPANY equipment, facilities or of for any dams CITY, i#s a her contents, exce t 9e or theft of CpMp gents, servants or employ p , when caused by the w. ANY S the parties hereto to create ees. It is understood willful misconduct of shall parties es eate liability for the ben °d that �t t not the intention solely for the benefit of the ft of third parties but ent�on of e parties thereto. that this Agreement 10. It is agreed that this his grant covers all t representation or statements he agreements betvv changing the to nts, verbal or written, have een the parties and that terms of this Agreement. ve been made Modifying, t no y n9� adding to or 71. In this regard} COMPANY covenants an Y ndemn�fy, hold harmless d agrees to and b th from and against ss and defend the CITY officers,Y eSe presents does here 9 # any and all claims s - : its a ents by whether real or asSe u�ts or causes of ac • g and employeeS rted, brought for or o tion o f any nature persons or Property, including n account of an grant of the tem or ng death, resulting from Y injuries or damages to p ary ingreSs and are , or 1n any way connected 9 art b the ne li enCe of g ss on the pro ert ted with, the that the Com Offcers a Lents, or em p Y, whether or not cans pant shall have no liability. Io ees of the CITY• caused �n defend with respect t bll�ty or obligation Provided however, ° any injury or damage to indemnify, hold harmless sole negligence or willful e to persons mless or I misconduct of offcer or Property resultin s, agents or employ e g from the The abDVe-described es of the CITY. tempos ingress and appurtenances thereto i � egress together . granted- a n any belonging g her with all and singular and Cl�'does hereby unto COMPANY, and f g ar the rights and Y bind itself and its successor or so long as the rights essor and assigns to t his 9 is are herein When the context re his quires, singular nouns and pronouns include the plural. COMPANY: Texas Midstream as Services L.L.G. CITY: City of Fort worth Day► o s nage'r- Property Rights us Ai 9 anrs, Cant City Manager APPP9yFD S To FORM AND LEGALITY on 11 n� 00 ety Attorney o Q OFFICIAL RECORD o 0 Atte h , a CITYDUp 4 d RUAR T y. a� o° Lateral- FT. WORTH Tract 004.()o �h 84000o°00 � 140 M&C REQUIXED a-r'y HcnddX, C SOcretary NA ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dave Johns, 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 of Texas Midstream Gas Services, L.L.G., an Oklahoma limited liability company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �,SV 7 z'IM 2E�ezoC, 2011. LILLIAN ANN BALLINGER Notary Public,State of Texas _ My commission Expires . f May 20,2012 •,,71i..E',, Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis, 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 day of Q-r-Q 2011. LINDA M.HIRRUNGER • - MY COMMISSION EXPIRES Notary Public in and for the State of Texas OFFICIAL RECORD c�1D Y SECRETARY Derek Weaver Pad Lateral—Tra FT. WORTH, TX EXHIBIT A De La Garza, Marceline survey, Abstract 616, Tract 1; Tarrant County, Fort Worth, TX Derek Weaver Pad Lateral—Tract 004.00 t �Y ��4 §� I�.�r�f'�'S�. r�- .:�[!: !'_�° ��. �� '.�:: � ��. .� - �'Y_c;y'w•f i^.�„' ;�. rzc�r 1� i:y„ji.,.f4r!-�,��:, 7+5e�pir„,.- .f, r`�.f.' i �.•'f .1 r. d.a Z•}'.� i1-..� 'f ,a: �.. y'�.} .� �P �`.� �' v. - - i i `4 ,'c�.��i��:,�ifY.;9' ��f.,airy�..i?s�. r�`��:'�+ "�" F.�" �;�'�•` L �'Isd'f�cF.�'i�::`� C#�a�,�:r,,.= wFk:i!„ir"$�i�IArs7,��.•�r`''..�k�;ft�svn?�i�.r��r5,4�'a�r`-. �Sy