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CONTRACT
STATE OFTEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF TARRANT §
This Temporary Ingress and Egress/Construction Easement Agreement (this
"Agreement") is entered into between the City of Fort Worth, Texas, a municipal
corporation of Tarrant County Texas ("GRANTOR") and Chesapeake Operating Inc.,
("GRANTEE").
For and in consideration of other goods and valuable consideration,the sufficiency of
which is hereby acknowledged, and in consideration of the covenants contained herein,
GRANTOR and GRANTEE agree as follows:
I. Subject to the terms oft is Agreement, GRANTOR hereby grants and conveys to
the GRANTEE a Temporary Ingress and Egress/Construction Easement (the
"Easement") onto Prairie Dog (Park) described in the attached Exhibit "A",
hereinafter referred to as the "'Property".. This grant and conveyance is made
subject to all matters of record affecting the Property.
2. The Company shall have access to Premises on the following dates for thirty
consecutive days following the date set forth below to be agreed upon by the
parties and inserted herein on the agreed upon date:
(date)On Ground Pre-Construction
(date) Start,Date
3. The Easement shall only be used for the purpose of installing 3 (three)temporary
waterline and pump for the transportation of fresh water to a proposed gas
drilling site to be located through a portion of Quanah Parker(Park),
4. Company agrees to pay the City $-1 , 0 0 0, representing $0.20 per linear foot,
per pipe for the purpose of stringing temporary pipelines across the
premises.
5. GRANTEE shall have free and uninhibited access across, through and over the
Property for the purpose as described in Section 3 above. GRANTOR
acknowledges and agrees that GRANTEE's access shall be with vehicles,
equipment and employees or contractors. The Easement shall include the right
of Grantee and its employees, agents, representatives or contractors to access
the aforementioned Property for the purposes stated herein.
OFFICIAL RECORD
C C y
ITY 96CRITARY R E C E I V E D MAY 8 2014
, WORTH,TX,
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6. GRANTEE shall minimize disturbance to the surface or subsurface of the
Property and surrounding property. Any disturbance done to the park shall be
reported to the Parks and Community Services Department (PACSD) for
assessment. Restoration of disturbed area(s) shall be restored to the condition
existing prior to the change or damage and the area shall be maintained and
watered until such areas are inspected and accepted by the PACSD.
7. There shall be no equipment on park property within 48 hours of a rain event.
The Grantor should be contacted to ensure the grounds of park are suitable for
performing work outlined within the agreement.
8. The Easement is not assignable by the GRANTEE without the prior written
consent of GRANTOR, which shall not be unreasonably withheld.
9. GRANTEE shall, at its own cost and expense comply with all applicable
laws, including but not limited to existing zoning ordinances, governmental
rules and regulations enacted or promulgated by any governmental
authority and shall promptly execute and fulfill all orders and requirements
imposed by such governmental entities for the correction, prevention and
abatement of nuisances in or upon or connected with said premises
because of GRANTEE's use thereof.
10. GRANTOR shall not be liable to GRANTEE for any damage or theft of
GRANTEE'S equipment, facilities or other contents, except, when caused
by the willful misconduct of GRANTOR, its agents, servants or employees.
It is understood that it is not the intention of the parties hereto to create
liability for the benefit of third parties but that this Agreement shall be
solely for the benefit of the parties thereto.
11. It is agreed that this grant covers all the agreements between the parties
and that no representation or statements, verbal or written, have been
made modifying, adding to, or changing the terms of this Agreement.
12. In this regard, GRANTEE covenants and agrees to, and by these presents
does hereby fully indemnify, hold harmless and defend the GRANTOR, its
officers, agents and employees, from and against any and all claims, suits
or causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or
property, including death, resulting from, or in any way connected with, the
grant of the easement or operation and maintenance of the temporary
facilities, whether or not caused, in part, by the negligence of officers,
agents, or employees, of the GRANTOR; provided however, that the
Grantee shall have no liability or obligation to indemnify, hold harmless or
defend with respect to any injury or damage to persons or property
resulting from the sole negligence of officers, agents or employees of the
GRANTOR.
TO HAVE AND TO HOLD the above-described temporary easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and
GRANTEE's successors and assigns for so long as the right and easement herein
granted; and GRANTOR does hereby bind itself and its successor and assigns to warrant
and forever defend all and singular the Easement unto GRANTEE, its successor and
assigns, against every person whomsoever lawfully claiming or to claim the same, or any
part thereof.
When the context requires, singular nouns and pronouns include the plural.
GRANTEE: GRANTOR: City of Fort Worth en David McKenna, Operations Manager Sus n anis. Assistant City Manager
Date ...........
Date
APPROVED AS TO FORM AND LEGALITY
.................................... ................
-I......--——-------------
Assistant City Attorney
OF F0
by
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a XrryJ. K Ci Sec"r"'Rary
000 0
S
...............
OFFICIALm RE-CORD
I
CI 51 SECRETARY
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FE WORTH,TX
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared David McKenna, known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of Operations Manager of the Barnett, and that he/she
executed the same as the act of said Chesapeake Operating, Inc., for the purposes and
consideration therein expressed and in the capacity therein stated.
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GIV UNDER MY HAND AND SEAL OF OFFICE this day of
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ACKNOWLEDGEMENT
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
MCILA ' 21®
Notary Public in and for the State of Texas
r� LINDA M.HIRRLINGER
MY COMMISSION EXPIRES
,yg„ February 2,2010
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