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Home My WebLink AboutContract 30372 A CITY SECRETARY a CONTRACT NO. J AGREEMENT TO CONDUCT SEISMOGRAPH OPERATIONS CITY OF FORT WORTH,TEXAS THIS AGREEMENT is made and entered into this I- A day of A u s l 2004, by and between the City of Fort Worth, a home rule municipal corporation situate in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as 1"City") acting by and through its Assistant City Manager and Land Ventures, L.L.C., by and through its it/1c.,r�w ti s N G ^�..r` �•-� Pursuant to the request of Land Ventures, L.L.C.,to conduct seismograph operations for the purpose of oil and gas exploration under Seismograph Permit No. 004, dated July 5, 2004, described in Exhibit "A", on the following described 44.1469 acres of land owned by the City and located in Tract 8 of the The Vineyards At Heritage Subdivision in Tarrant County. Texas hereinafter called "Premises") described in Exhibit"B," both being attached hereto and made a part hereof for all intents and purposes, the City agrees to permit Land Ventures, L.L.C. to conduct seismographic operations on the Premises pursuant to the following terms and conditions: I. Land Ventures, L.L.C. shall have access to the Premises on the following dates for the following purposes: September 15 - Surveyor marking project with pin flags September 18th-Recording crew arrives on project(cables and geophones) October 18th-Recording, policing area and completion City, in its discretion, may grant Land Ventures, L.L.C. access to the Premises to continue the seismographic studies if Land Ventures, L.L.C. is unable to complete its operations due to weather conditions, but in no event shall access to the Premises exceed thirty (30) days. City reserves the right to terminate this Agreement upon five days notice to Land Ventures, L.L.C. 2. Land Ventures, L.L.C. agrees to pay the City $1320.00, representing 0.88 linear miles @ $1500 per linear mile for the purpose of conducting seismic survey across the Premises. 3. Land Ventures, L.L.C. agrees that it is taking the Premises in their current "AS IS" condition, with no representations or warranties of any nature whatsoever by the City. 4. Land Ventures, L.L.C.agrees to conduct its operations in accordance with good standard practices and shall comply with all federal, state and local laws, rules and regulations as, well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. Land Ventures, L.L.C. shall obtain and keep in effect at its own cost and expense all licenses, permits, and taxes incurred or required in connection with this Agreement and its operations hereunder. 5. LAND VENTURES, L.L.C. AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) LAND VENTURES, L.L.C:'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF LAND VENTURES, L.L.C., ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO SEISMIC SURVEY ON THE PROPERTY OR THE PERFORMANCE OF THIS AGREEMENT; 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, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH LAND VENTURES, L.L.0 AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LA WS OF THE STATE OF TEXAS. Land Ventures, L.L.0 and agrees to pay the City of Fort Worth for all damages suffered or incurred by it, either directly or indirectly, as a result of any operations conducted for or by Land Ventures, L.L.C, its agents,employees or representatives on the Premises, including all damage or injury to standing or fallen timber, buildings, fences, equipment and all other property, whether real or personal. Land Ventures, L.L.0 covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to Land Ventures, L.L.C., its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, or in any way damaged, and Land Ventures, L.L.C. hereby indemnifies and holds harmless City from and against any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Land Ventures, L.L.C., its members, employees, agents, contractors,subcontractors, invitees, licensees, or trespassers on any of the premises. 6. No work will be conducted under wet conditions. 7. This permit is not exclusive and the City reserves the right to go on or across,and to permit others to go on and across, the Premises for any purpose whatsoever and to conduct any operations or activities that the Fort Worth may desire. 8. Upon the conclusion of the seismograph operations, Land Ventures, L.L.C. agrees to fill all shot holes, repair all vibrator points or other seismic source generating points and to return the Premises as nearly as possible to the same condition upon entry by Land Ventures, L.L.C. Land Ventures, L.L.C. specifically agrees to remove all hazardous conditions on the Premises created and caused by its operations. 9. If the Premises or any parts thereof, are subject to any outstanding oil and gas leases, timber contracts, pipeline right of way agreements, or any other similar agreements, Land Ventures, L.L.C. agrees not to enter upon the Premises for any purpose whatsoever until permission of the lessee,grantee, or buyer hereunder has been obtained. No seismic source generating points will be located on pipeline rights-of-way unless written consent of the owner of the pipeline is first obtained. 10. Land Ventures, L.L.C. agrees to report to the City's Fire Department and the City's office in Real Property Services located at 927 Taylor Street, Fort Worth, Texas 761024605 (Mike Roach, Senior Land Agent, 817-392-8595) all fires observed on the Premises in which you are conducting your operations and you agree to use your best efforts to suppress any fires on the premises. 11. This permit is granted and made by the City without any warranty of title, either express or implied concerning the Premises. 12. Within 30 days after completion of operations, Land Ventures, L.L.C. agrees to provide the City with a map showing all shot points on the Premises. 13. Prior to the-time Land Ventures, L.L.C. is entitled to anv riuht of ZIecess 10 or use of the Premises for any seismic activity, Land Ventures, L.L.C. shall deliver two signed copies of this agreement to the attention of Mike Roach, Senior Land Agent, Real Property Services, Department of Engineering, City of Fort Worth,927 Taylor Street,Fort Worth,Texas 761024605. 2 14. Land Ventures, L.L.C. may not assign or transfer any rights or interest in this Agreement without the written consent of the City and any such attempted transfer without prior written consent shall be void. 15. This written instrument constitutes the entire Agreement by the parties hereto concerning this Agreement and the obligations of the parties and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 16. This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce,or arising out of or incident to,the terms of this License Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. By executing this agreement, Land Ventures, L.L.C. agrees and accepts to the terms, conditions and provisions. EXECUTED on this the +�' day of 2004. CIT F FORT WORTH LAND VENTURES, L.L.C. t Assistant�Manager Scott Weathington Land Ventures Principal Approved as to form and legality: 6a'c"�k)-4 -- Assistant City Attorney ATTESTED BY :ontract Authorization Date ate; 3 --