HomeMy WebLinkAboutContract 50667 CITY SECRETARY
CONTRACT NO. brl
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NATURAL GAS PIPELINE LICENSE AGREEMENT
''This PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and
ejAefed into by and between the CITY OF FORT WORTH ("City"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Jesus J.
Chapa its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C., ("Company"), an Oklahoma limited liability company, acting by and
through Dustin Weaver as Manager-Land and Attorney-in-Fact,West Land Central.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
WHEREAS,City and Company made and entered into City Secretary Contract No. 43549,
Public Right-of-way Use Agreement, as authorized by City Council by M&C C-25797 on August
21, 2012, to allow for the construction and operation of an eight-inch (8") in nominal diameter
natural gas gathering pipeline along and within Helmick Avenue;and
WHEREAS, Helmick Avenue, as depicted on the attached Exhibits"A"and `B", attached
hereto for all intents and purposes, is being abandoned as a public right-of-way and City as
underlying fee owner intends to develop the property;and
WHEREAS,City and Company have agreed to allow for the continued use by Company of
the area identified in Exhibits"A"and`B".
NOW THEREFORE, City and Company, acting herein by and through their duly
authorized representatives,do mutually covenant and agree to the following terms and conditions of
this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual,partnership, association,joint stock company, limited
liability company, trust,corporation, or other person or entity who owns or controls, or is
owned or controlled by, or is under common ownership or control with, the entity in
_ question.
Agreement shall mean the authorization issued to Company hereunder to use a portion of
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*A the City Property in the location as set out in Exhibit(s) "A" and "B" for (i) the
#'-,construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of
t 2Such Pipeline for the transportation of Natural Gas; and (iii) any other directly related
n loses of the City Property,pursuant to and in accordance with this I ree .
OFFICIAL,P&CORD
, ,` ' CITY SEC"URY
t
Natural Gas Pipeline License Agreement—Helmick 3.1.18 e f 2
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth,Texas.
City Facility shall mean all incidental underground and aboveground attachments,
equipment and appurtenances, including, but not limited to manholes, manhole vents,
lateral line connections, valves, pipelines,junction boxes, fire hydrants, meter vaults, lift
stations in,upon,under and across a portion of the City Property.
City Property shall mean that property as limited to and described in Exhibits "A" and
«B„
Commission shall mean the Railroad Commission of the State of Texas or other
authority succeeding to the regulatory powers of the Commission.
Company shall mean Texas Midstream Gas Services, LLC an Oklahoma Limited
Liability Company, only and shall not include any Affiliate or third party.
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the City's Department of Property Management or
authorized representative.
Gas shall mean gaseous fuels, such as natural gas, artificial gas, synthetic gas, liquefied
natural gas,manufactured gas, or any mixture thereof.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain pipeline and other facilities approved by the Director that
was installed by Company on Exhibits"A"and`B"in accordance with this Agreement.
2. GRANT OF RIGHTS.
2.1. General Use of The City Prouerty for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) maintain and
operate a Class 4, 8"Pipeline consisting of approximately 560 total feet in, under, across
the City Property at a depth of no less than 9 feet unless otherwise agreed upon by City
and Company, and (ii)transport Gas through the portions of its Pipeline in, under, along
and across the City Property. Company hereby acknowledges and agrees that this
Agreement allows only the transportation of Gas through the City and does not allow
Company to distribute,sell or otherwise provide Gas to any Customer.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 2 of 24
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2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the City Property to other Persons and entities in
accordance with applicable law and as the City deems appropriate; provided, however,
that as to the grant of subsequent licenses for use of the City Property that is solely within
the discretion of the City, if a dispute arises as to priority of the use of the City Property,
the City will resolve such dispute in a manner that does not result in unreasonable
interference with Company's operation of the Pipeline for the purposes provided for
herein. This Agreement does not establish any priority for the use of the City Property by
Company or by any present or future licensees or other permit holders. In the event of
any dispute as to the priority of use of the City Property, the first priority shall be to the
public generally, the second priority to the City in the performance of its various
functions, and thereafter,as between licensees and other permit holders,as determined by
the City in the exercise of its powers, including the police power and other powers
reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Natural Gas through such Pipeline.
2.4. Bonds.
It being understood that this pipeline has already been constructed and that no
further construction is anticipated or authorized, if such construction by Company is
approved by the City through the Director of Property Management or his/her designee at
some time in the future,prior to the commencement of any construction work in the City
Property with written approval by the Director of Property Management, that requires a
cut, opening or other excavation, Company shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in the City Property. The bonds shall
guarantee (i) satisfactory compliance by Company with all requirements, terms and
conditions of this Agreement and (ii) full payments to all persons, firms, corporations or
other entities with whom Company has a direct relationship for the performance of such
construction,maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 3 of 24
construction contract or construction project that will be performed by the contractor in
the City Property. The bonds shall guarantee (i)the faithful performance and completion
of all construction, maintenance or repair work in accordance with the contract between
Company and the contractor and(ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it("Effective Date")and shall expire at 11:59 P.M. CST on December 31,
2037 unless terminated earlier as provided herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the City Property for the Term of this Agreement the sum of One Hundred
Fifty Thousand Dollars and no Cents ($150,000.00) (`License Fee"). Company hereby
acknowledges and agrees that, except as provided for in the following paragraph, the
amount of this License Fee is non-refundable and constitutes just and reasonable
compensation to the City for Company's use of the City Property.
If engineering plans for the construction of the City Property requires relocation
of the Pipeline prior to December 31, 2020, City shall credit Company an amount as
follows:
• If the required relocation of the Pipeline is on City property, City will
credit a maximum amount of$135,000.00, using the 2017 per linear foot
calculation of $52.25/LF (equal to 2,584 LF) to determine the credited
amount. If the relocated pipeline exceeds 2,584 LF, the cost to Company
of the additional pipeline length shall'be calculated using the City's then
current annual linear foot rate.
• If any part of the required relocation of the Pipeline is on private property,
City will pay Company a maximum amount of $135,000.00 using the
2017 per linear foot calculation of $52.25/LF (equal to 2,584 LF) to
determine the payment amount. The amount paid to Company shall be
only for the portion of the relocated Pipeline that is on private property.
• If the required relocation of the Pipeline is on both private property and
City property, the maximum combined credited amount and payment to
Company shall be$135,000.00.
Natural Gas Pipeline license Agreement—Helmick 3.1.18 Page 4 of 24
• There shall be no credit or payment to Company if the Pipeline must be
relocated due to circumstances unrelated to construction of the Como
Community Center project.
• There shall be no credit or payment if a determination of the necessity for
relocation is made by the City after the City issues a certificate of
occupancy for the Como Community Center.
4.2. Other Payments.
In addition to the License Fee,Company shall pay the City all sums which may be
due the City for property taxes, license fees, permit fees, or other taxes, charges or fees
that the City may from time to time impose on all other similarly situated entities within
the City. Company shall reimburse the City for publication of this Agreement as required
by the City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent(10%)per
annum or the maximum amount allowed by law, whichever is less,computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation
by the City as may be reasonably necessary for the protection or benefit of the general
public. In this connection, Company shall be subject to, governed by and shall comply
with all applicable federal, state and local laws, including all ordinances, rules and
regulations of the City, as same may be adopted and amended from time to time.
6. USE OF THE CITY PROPERTY.
6.1. Compliance with Laws,Ordinances,Rules and Regulations.
The City has the right to control and regulate the use of the City Property, Public
Rights of Way, public places and other City-owned property and the spaces above and
beneath them. Company shall comply with all applicable laws, ordinances, rules and
regulations, including, but not limited to, City ordinances, rules and policies related to
construction permits, construction bonds, permissible hours of construction, operations
during peak traffic hours, barricading requirements and any other construction rules or
regulations that may be promulgated from time to time.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 5 of 24
6.2. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
City Property by the City and the public. If the City reasonably determines that the
Pipeline does place an undue burden on any portion of the City Property, Company, at
Company's sole cost and expense and within a reasonable time period specified by the
City, shall modify the Pipeline or take other actions determined by the City to be in the
public interest to remove or alleviate the burden.
6.3. Notice
It being understood that this pipeline has already been constructed and that no
further construction is anticipated or authorized by Company, if such construction by
Company is approved by the City through the Director of Property Management or
his/her designee at some time in the future, Company, prior to the undertaking of any
kind of construction, installation, maintenance, repairs or other work that requires the
excavation, lane closure or other physical use of the City Property, Company shall,
except for work required to address an emergency,provide at least ten(10) business days
advance written notice to the City and the City shall provide written agreement to the
Company prior to any physical use of the City Property. In the case of emergencies
Company shall immediately provide notice to the City of such an emergency and shall
begin work within twenty-four (24) hours of becoming aware of such emergency. In
addition, during any such work, Company shall provide construction and maintenance
signs and sufficient barricades at work sites to protect the public.
6.4 Minimal Interference.
Company will take all reasonable planning to minimize harm to the City Property,
it being understood that this pipeline has already been constructed and that no further
construction is anticipated, however, if construction is approved by the City through the
Director of Property Management or his/her designee at some time in the future,
Company shall comply with conditions as set forth below:
6.4.1. Company agrees to provide the following to the attention of Director of
Property Management:
a. "Before Pictures" of the City Property REj2K to access and use of
the City Property;
b. "After Pictures" of the City Property within 30 days after
conclusion of operations outlined herein.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 6 of 24
6.4.2. Company shall coordinate and participate in a Preconstruction Meeting
with City of Fort Worth staff to evaluate and address any issues or concerns at least ten
(10)business days prior to the start of construction.
6.4.3 Company shall not have the right to place permanent above ground
facilities on City Property.
6.4.4. Appropriate erosion control measures must be implemented during
construction.
6.4.5. The pipeline shall be placed at a sufficient depth to avoid interference
with tree roots. Trees located in the easement shall not be removed or pruned for any
purpose except for (i) an event of public danger which is a condition that creates an
unreasonable risk of harm; (ii) as governed by State and Federal guidelines or
regulations; or(iii)this license agreement is amended by the City Council.
6.4.6. The use of traffic control devices shall be consistent with the standards
and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices.
Company shall utilize appropriate warning lights at all construction and maintenance
sites where one or more traffic lanes are closed or obstructed during nighttime conditions.
6.4.7 No use of the Property is permitted for storage or any other purpose.
6.5. "As-Built"Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as-
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as-built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is, accurately
reflected in the City's mapping system.
6.6. Specifications of the Pipeline
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline pursuant to this Agreement, Chapter 15 of the City Code and all other state and
federal laws. The Pipeline shall not exceed the size and specifications stated herein and
finther set out in Exhibits "A" and`B" and be placed at a depth of no less than 9 feet or
as agreed upon by City and Company throughout the entire length of the City Property,
however, if the Pipeline within City Property will be crossing any existing City Facility,
the Pipeline must cross the City Facility at a not less than a 70 degree angle and be buried
at a minimum of 60 inches below the bottom of the lowest City Facility.Notwithstanding
the foregoing statements, should Company require varying from the above requirements,
Natural Gas Pipeline License Agreement—Helmick 3.I.1 8 Page 7 of 24
such variance shall require City evaluation of the respective variance to depth or
proposed angle of crossing to determine the practicability of such request. Furthermore,
if the Pipeline within the City Property crosses a 16-inch or greater water or sanitary
sewer facility, an emergency response plan must be included. The emergency response
plan shall be submitted to the City of Fort Worth Water Department prior to the
commencement of the installation of the Pipeline and shall establish written procedures
subject to the approval of the City of Fort Worth Water Department to minimize any
hazard resulting to any City Facility.
The Company shall erect, install, construct, repair, replace, maintain and operate
the Pipeline as a Class 4 pipeline as defined by the U.S. Department of Transportation,
Office of Pipeline Safety, as set out in the Code of Federal Regulations, Section 192 and
as directed by the Texas Railroad Commission. The Pipeline shall be at least a 8 inch
steel pipe, be placed at a depth of no less than 9 feet or as agreed upon by City and
Company throughout the entire length of the City Property and shall be construction with
a horizontal directional drill from private property outside the boundaries of the City
Property. The finished pipeline shall have a city approved physical barrier that the
Pipeline shall pass through at both ends where the Pipeline enters or exits the boundary of
the City Property.
6.7. Markine of Pipeline.
The Pipeline shall be marked, in a manner that is acceptable to the Director and in
compliance with Federal Regulations, to show conspicuously Company's name and a
toll-free telephone number of Company that a Person may call for assistance.
6.8. Surface Excavation.
The City shall have the right to coordinate all excavation work in the City
Property in a manner that is consistent with and convenient for the implementation of the
City's program for construction of a community center with an athletic field as shown as
Concept Plan Exhibit C.In order to preserve the integrity of the City Property, Company
shall not cut, excavate or otherwise breach or damage the surface of the City Property
unless the (i) Company obtains written consent from the City Council and (ii) pays the
City, for each fifty (50) linear feet of a cut, excavation or breach of any portion of the
City Property as designated by the City Council. Such fee shall (i) be in addition to, and
not in lieu of,Company's obligations to restore any disturbed portion of the surface of the
City Property in accordance with this Agreement and (ii) not be allocated or otherwise
counted as part of the License Fee to the City.
Company shall allow City to construct retaining walls and other facilities
associated with an athletic field and parking lot over the pipeline. Company shall have
the opportunity to review construction plans for the retaining walls and other facilities
associated with an athletic field and parking lot and attend construction planning
meetings.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 8 of 24
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6.9. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the City Property all or any portion of its Pipeline due to
street or other public excavation, construction, repair, grading, regrading or traffic
conditions; the installation of sewers, drains, water pipes or municipally-owned facilities
of any kind; the vacation, construction or relocation of streets or any other type of
structure or improvement of a public agency; any public work; or any other type of
improvement necessary, in the City's sole discretion, for the public health, safety or
welfare. If Company reasonably requires more than forty-five (45) days to comply with
the City's written request, it shall notify the director of the City's Property Management
Department in writing and the City will work in good faith with Company to negotiate a
workable time frame.
6.10. Restoration of the City Property, Public Rights-of-Way and Public/Private
Prover .
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the City Property, Public Rights of Way, other
City-owned property or other privately-owned property that are in any way disturbed or
damaged by the construction, operation,maintenance or removal of any of the Pipeline to
as good or better a condition as such property was in immediately prior to the disturbance
or damage. Company shall diligently commence such restoration within thirty (30)
calendar days following the date that Company first became aware of the disturbance or
damage or, if the Pipeline is being removed, within thirty (30) calendar days following
such removal.
6.11. Emergency Procedures
6.11.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the officials specified herein, poses an immediate threat to life,
health or property and is caused by any natural or man-made disaster, including, but not
limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous
materials spills. In the event of a public emergency, the City shall have the right to take
whatever action is deemed appropriate by the City Manager,Mayor,Police Chief or Fire
Chief, or their authorized representatives, including, but not limited to, action that may
result in damage to the Pipeline, and Company hereby (i) releases the City, its officers,
agents, servants, employees and subcontractors from liability or responsibility for any
Damages, as defined in this Agreement, that may occur to the Pipeline or that Company
may otherwise incur as a result of such a response, and (ii) agrees that Company, at
Company's sole cost and expense, shall be responsible for the repair, relocation or
reconstruction of all or any of its Pipeline that is affected by such action of the City.
Natural Gas Pipeline License Agreement—Helmick 3.L I S Page 9 of 24
In responding to a public emergency, the City agrees to comply with all local,
state and federal laws, including any requirements to notify the Texas One Call System,
to the extent that they apply at the time and under the circumstances. In addition, if the
City takes any action that it believes will affect the Pipeline, the City will notify
Company as soon as practicable so that Company may advise and work with the City
with respect to such action.
6.11.2. The Company shall maintain written procedures to minimize the hazards
resulting from an emergency. These procedures shall at a minimum provide for the
prompt and effective response to emergencies, including, but not limited to, leaks or
releases that can impact public health safety or welfare; fire or explosions at or in the
vicinity of the Pipeline, natural disaster; effective means to notify and communicate
required and pertinent information to local fire, police and public officials during an
emergency; the availability of personnel, equipment, tools and materials as necessary at
the scene of an emergency; measures to be taken to reduce public exposure to injury and
probability of accidental death or dismemberment; emergency shut down and pressure
reduction of a Pipeline; the safe restoration of service following an emergency or
incident; and follow-up incident investigation to determine the cause of the incident and
require the implementation of corrective measures.
6.11.3. Upon the discovery of an emergency, the Company shall immediately
communicate to the City's 911 system and the Director of the Property Management
Department's designee the following information:
a. A general description of the emergency;
b. The location of the emergency or incident;
C. The name and telephone number of the person reporting the
emergency;
d. Whether or not any hazardous material is involved and
identification of the hazardous material so involved; and
e. Any other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident
6.12. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the City Property under this Agreement shall
cease and Company shall immediately discontinue the transportation of Gas in or through
the City. Within six(6) months following such revocation,termination or expiration and
if the City requests, Company, at Company's sole cost and expense, shall remove the
Pipeline from the City Property (or cap the Pipeline, if consented to by the City), in
accordance with applicable laws and regulations. If Company has not removed all of the
Pipeline from the City Property, (or capped the Pipeline, if consented to by the City)
within six (6) months following revocation, termination or expiration of this Agreement,
the City may deem any portion of the Pipeline remaining in the City Property abandoned
and, at the City's sole option, (i)take possession of and title to such property or (ii) take
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 10 of 24
any and all legal action necessary to compel Company to remove such property;
provided, however, that Company may not abandon its facilities or discontinue its
services within the City without the approval of the Commission or successor agency or
any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 6.10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping) of the Pipeline. If Company has not restored all such
property within this time, the City, at the City's sole option, may perform or have
performed any necessary restoration work, in which case Company shall immediately
reimburse the City for any and all costs incurred in performing or having performed such
restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii)the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s)or omission(s)or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY.BIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE CITY PROPERTY UNDER THIS
AGREEMENT OR WITH THE USE,MAINTENANCE, OCCUPANCY, EXISTENCE
OR LOCATION OF THE CITY PROPERTY, EXCEPT TO THE EXTENT CAUSED
SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE
CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
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COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
(`INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR
CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR
APPURTENANCES; (H) THE TRANSPORTATION OF GAS THROUGH THE
PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR,
MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS
CONTRACTORS OR SUBCONTRACTORS, OR (I19 COMPANY'S FAILURE TO
COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE
OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF
THE CITY.
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY
HAS FULLY INSPECTED THE CITY PROPERTY, (ii) COMPANY HAS
REVIEWED THE ATTACHED EXHIBITS A AND B AND IS SATISFIED WITH
THE CONDITION OF THE CITY PROPERTY AND FUTURE PLANS FOR THE
CITY PROPERTY, AND (iii) COMPANY HAS BEEN FULLY ADVISED OF ITS
OWN RIGHTS WITHOUT RELIANCE UPONANYREPRESENTATIONMADE BY
THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS,IFANY, ON OR ABOUT THE CITYPROPERTY.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE CITY
PROPERTY COIVIPLH'S WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
`ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCH.
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY,AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY,ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CAUSED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
Natural Gas Pipeline License Agreement--Helmick 3.1.18 Page 12 of 24
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect,a policy or
policies of insurance to provide coverages as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the City Property and the construction, installation,
operation, maintenance or condition of the Pipeline, including the transportation of Gas
through the Pipeline. The insurance required hereunder may be met by a combination of
self-insurance,primary and excess policies.
8.1. Primary Liability Insurance Coveraze.
• Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damaee Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident,including, but not limited to,all owned,leased,hired or
non-owned motor vehicles used in conjunction with the rights granted under this
Agreement
• Worker's Compensation:
As required by law; and,Employer's Liability as follows:
$1,000,000 per accident.
8.2. Revisions to Required Coverage.
At the reasonable recommendation of the City's Risk Manager,the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
Natural teas Pipeline License Agreement—Helmick 3.1.l 8 Page 13 of 24
insurance shall be endorsed to provide that no material changes in coverage, including, but
not limited to, cancellation,termination,non-renewal or amendment, shall be made without
thirty(30)days'prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty(30)days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence, or per
line of coverage,or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or effected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of
the following events shall constitute an "Event of Default" under this Agreement:
9.1. Failure to Pay License Fee
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 14 of 24
9.3. Bankruptcy,Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state or local laws or any existing or future ordinances,rules and regulations of the City.
9.5 Failure to Complete Construction
An Event of Default shall occur if Company fails to complete construction of the
Pipeline within one(1)calendar year from the execution of this Agreement.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company's failure to pay the License
Fee in accordance with Section 9.1 or failure to complete construction of the Pipeline in
accordance with Section 9.5, such Event of Default shall be deemed an Uncured Default
and the City shall have the right to terminate this Agreement immediately upon provision
of written notice to Company. If an Event of Default occurs for a reason other than for
failure to pay the License Fee, the City shall provide Company with written notice and
shall give Company the opportunity to cure such Event of Default. For an Event of
Default which can be cured by the immediate payment of money to the City, Company
shall have thirty (30) days from the date it receives written notice from the City to cure
the Event of Default. For any other Event of Default, Company shall have sixty (60)
days from the date it receives written notice from the City to cure the Event of Default. If
any Event of Default is not cured within the time period specified herein, such Event of
Default shall, without further notice from the City, become an "Uncured Default" and
the City immediately may exercise the remedies provided in Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times,any of the following remedies,all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
Natural Gas Pipeline License Agreement—Helmick 3.1,18 Page 15 of 24
10.2.1.Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement, and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the City Property as and
when requested by the City. The City's right to terminate this Agreement under
this Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Legal Action Against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which,as a matter of equity,are specifically enforceable.
11. PROVISION OF INFORMATION
11.1. Filings with the Commission.
Company shall provide upon request copies to the City of all documents which
Company files with or sends to the Commission concerning or related to its
transportation of Gas through or other operations in the City, including, but not limited
to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under
consideration or approved by the Commission; and (iii) applications and any supporting
pre-filed testimony and exhibits filed by Company or third parties on behalf of Company,
on the same date as such filings are made with the Commission. In addition, Company
shall provide the City upon request with copies of records, documents and other filings
that Company is required to maintain or supply to the Commission under any applicable
state or federal law, rule or regulation concerning or related to its transportation of Gas
through or other operations in the City.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 16 of 24
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control
the details of its business and other operations necessary or appurtenant to the transportation
of Gas in accordance with the terms and conditions of this Agreement, and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees,
contractors and subcontractors. Company acknowledges that the doctrine of respondeat
superior shall not apply as between the City and Company, its officers, agents, employees,
contractors and subcontractors. Company further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Company may.not assign or otherwise transfer any of its rights or obligations under
this Agreement unless specifically authorized in writing by the City, which authorization
shall not be unreasonably withheld; provided, however, that Company may make such an
assignment of its rights to an affiliated company without the consent of City,provided, that
upon such assignment, Company shall notify City within sixty (60) days of said
assignment. An`affiliated company' shall mean any parent,subsidiary or sister company or
other legal entity that controls, is controlled by, or is under common control with Company.
For purposes of this clause, `control' means direct or indirect ownership of fifty percent
(50%) or more of the voting rights of the subject entity. Notwithstanding such an
assignment to an affiliated company, Company shall remain liable to City for any failure to
perform hereunder by the affiliated assignee,and this provision shall thereafter be applicable
to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agents,
employees, servants or representatives, or (ii) received by the other party by United States
Mail,postage prepaid,return receipt requested,addressed as follows:
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 17 of 24
To THE CITY: To THE COMPANY:
City of Fort Worth Texas Midstream Gas Services L.L.C.
Assistant Director,Property Management 2338 N. Loop 1604 W.
200 Texas Street Suite 300
Fort Worth,TX 76102 San Antonio,Texas 78248
with a copy to: with a copy to:
City of Fort Worth Texas Midstream Gas Services L.L.C.
Department of Law c/o CT Corporation
Attn:Attorney for Utilities 350 North St.Paul Street
200 Texas Street Dallas,TX. 75201
Fort Worth,TX 76102
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color,
national origin,religion, handicap, sex, sexual orientation or familial status in the receipt of
benefits from Company's business operations, in any opportunities for employment with
Company or in the construction or installation of the Pipeline.
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of
this Agreement or to exercise any rights that the City may have,either under this Agreement
or the law, shall not constitute a waiver of the City's right to insist upon appropriate
performance or to assert any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of
the United States of America and the State of Texas. If any action,whether real or asserted,
at law or in equity, arise out of the terms of this Agreement, Company's transportation of
Natural Gas or Company's use of the City Property, venue for such action shall lie
exclusively in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas,Fort Worth Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement,
Company's Pipeline, Company's operations in the City, Company's transportation of
Natural Gas or Company's use of the City Property.
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 18 of 24
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid,illegal or unenforceable by a
final order entered by a court of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired. For
purposes of this Agreement, a court order shall be final only to the extent that all available
legal rights and remedies pertaining to such order, including,without limitation all available
appeals,have been exhausted. In such an event,the City and Company agree that they shall
amend or have amended this Agreement to comply with such final order entered by a court
of competent jurisdiction.
20. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations
required by this Agreement is prevented by a cause or event that is not within Company's
reasonable control, Company's non-performance shall be deemed excused for the period of
such inability. Causes or events that are not within the Company's control shall include,but
not be limited to, acts of God, strikes,sabotage,riots or civil disturbances,failure or loss of
utilities,explosions and natural disasters.
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section I, that are used in this
Agreement are for reference purposes only and shall not be deemed a part of this
Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Company as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with the terms and conditions of this Agreement. This Agreement shall not be
amended unless agreed to in writing by both parties and approved by the City Council of the
City.
EXECUTED and effective as of 2018.
Natural Gas Pipeline License Agreement—Helmick 3.1.19 Page 19 of 24
i
i
ACCEPTED AND AGREED:
CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES,L.L.C.
By: �Com_-_- By:
Name: Jesus J. Chapa Name: Dustin Weaver
Title: Assistant City Manager Title: Manager-Land and
11-1?-16? Attor cy ni-Fact, West Land Central
Date:
Date: c `�
APPROVAL RECOMMENDED:
By:
Name:
Title:
ATTEST: � �®��•� '
:Z
By•
Cvy Secretary
CONTRACT COMPLIANCE MANAGER: XAS
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all erformance
and rep req a ts.
By:
Na
Title: 2,
Approved as to Form and Legality:
By:
N ne: J 57r: OFFICIAL RECORD
Assistant City Attorne CITY SECRETARY
FT. WORTH,TX
Contract Authorization:
M&C: L-16095
4
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 20 of 24
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Jesus J. Chapa,
Assistant City Manager of the City of Fort Worth, a home-rule municipal corporation of the State of
Texas,known to me to be the person whose name is subscribed to the foregoing instrument and,that(s)he
has executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this. /I7'day of -2018.
[SEAL] (--Ma14ti
11 —Nota4 Public in and for the
State of Texas
*; *` My Notary ID#2256490 i
"y;• ;}' Expires December 19,2021
' •q ,• My Commission Expires:
Print Name of Notary Public Here 1Y)AIU A'SS s,eFt*A
THE STATE OF49I4�AfI91vt�4 §
'�11 §
COUNTY 0A.-WM §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Dustin Weaver, Manager-Land and Attorney-in-Fact, West Land Central on behalf of Texas
Midstream Gas Services L.L.C., an Oklahoma Limited Liability Company, known to me to be the
person whose name is subscribed to the foregoing instrument and,that(s)he has executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER L OF OFFICE this /y day of 2018
CIARA FIDAIGO
Notary Public,state of Texas
•'y Comm.Expires 01.19-2020 Notary Public in and for the
Notary ID 130501321
State of � 1
My Commission Expires:
>/d-Za Print Name of Notary Public Here
CORD
ECRETARY
WORTH,TX
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 21 of 24
EXHIBIT "A"
LEGAL DESCRIPTION
A 20' PIPELINE LICENSE AREA
BEING a 0.2571 acre tract of land eituoted in the Hays Covington Surrey, Abstract Number 256, Tarrant
County In the City of Fort Worth, being a portion of Helmick Avenue (80' wide) as shown on Chamberlain
Arlington Heights Addition, an addition to the City of Fort Worth according to the plot recorded in Volume 63,
Page 40, Plot Records of Tarrant County, Texas; sold 0.9183 acre tract of land being more particularly
described as follows:
BEGINNING at a 1/2 Inch Iron rod with plastic cop (Illegible) found at the Intersection of the northerly
right—of—wny line of sold Helmick Avenue and the westerly right—af—way line of Home Street (60' wide);
THENCE South 00 degrees 06 minutes 53 seconds West, with the westerly right—of—way line of said Home
Street, a distance of 80.00 feet to a 1/2 Inch iron rod with plastic cap (Illegible) found in the southerly
right—of—way line of sold Helmick Avenue;
$ THENCE South 89 degrees 59 minutes 55 seconds West, deporting the westerly right—of—way line of said Home
Street and with the southerly right—of—way line of said Helmick Avenue, a distance of 20.00 feet to a point
for corner,
THENCE North 00 degrees 06 minutes 53 seconds East, departing the southerly right—of—way line of said
Helmick Avenue, a distance of 60.00 feet to a point for comer,
THENCE South 89 degrees 59 minutes 55 seconds West, a distance of 480.00 feet to a point In the easterly
right—of—way line of Holloron Street (60' wide);
THENCE North 00 degrees 06 minutes 53 seconds East, with the easterly right—of—way line of sold Halloran
Street, a distance of 20.00 feet to a 1/2 Inch Iron rod found in the northerly right--of—woy line of said
Helmick Avenue;
b THENCE North 89 degrees 59 minutes 55 seconds East, departing the easterly right—of—way line of said
Halloran Street and with the northerly right—of—way line of said Helmick Avenue, a distance of 500.00 feet to
the POINT OF BEGINNING;
CONTAINING a computed area of 0.2571 acres (11,200 square feet) of land.
The basis of the bearings shown hereon is the Texas State Coordinate System, North Central Zone, based upon
GPS measurements. according to the North Texas Cooperative VRS Network.
u
i=
c
R
R H002926.805 PAGE 1 OF 2
bAdrawingofeven date acconWnles EXHIBIT"A"
this metes and bounds description. OF T
,�Q'�..••T•.•� LEGAL DESCRIPTION
NOVEMBER 29,2017 G'• • 20'PIPELINE LICENSE AREA
a AtMK•.y0•YA1E�••. SITUATED IN THE HAYS COVINGTON
~~DUNAWAy' �9, +:k;r5917 ( SURVEY,ABSTRACT NUMBER 256
550 Bde„Aver we•Sino 4W•Fan Worlh,soak 76107
tahm7low 10 t� TARRANT COUNTY,TEXAS
� f{RM RECiISiRKkION I00r8100 _q e�
Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 22 of 24
F
FARNSWORTH AVENUE U
(eo•HIDE Illpli-OF-MA1� Fes..
LU
20 to 18 17 18 15 14 13 12 11 10 s a 7 IT S 4 ! 2 1 z
cc
HAMI ERLA N Af JNGIH XNI O
RM 1 117 7,
,001 is, IOLUI 1E V 0 P.R..Gr 4
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US£N0.
D2 R T .T! 20G18-004 1-2
6 ALLEY D.C.TC T,
fi F D 1 1'1 R WITH FOUND 1/2
NJ MI Si PED OF ORT eiON ROb
1 'SIX PEC 14018900' tal 48�R PATH CAP w :D
(C""" M DOCUM RTl RUMBA .R.T. T !S ]6 37 38 39 {p 'IX Rip N lop 89 O'
21 22 ?! 2{ 75 76 D9166,T 278 30 3t 32 33 III 34 0131 UVN (CONTROL 0'tU
OF T WOR
0 021 1�e3 UM MeE vl zR 23 CAP RSOTN � B1 UNO LOC VOLU a 1 POIN O
J D. .TC ,
_ Rao R 1 + N , '5 55 00. 0' mai FA NO P n..c.r. POIN N1
FOUND 1/1 IRON ROD
N00'06'53'EMIN CAP
20.00' S89'59'S5"W 480.00' 20 PIPELINE N00'06'53"E SO0 IZ53 w
LICENSE AREA
DE
IG AVENUE 0.2571 ACRES 60.00' eo.00'
K (W WteDE PoCHt >wA� (11,200 So. FT.) S89'59'55'W 20.00' W"H CFOUNDAP OUECMLE)
' 20 19 18 17 CI
wou UE 1 138 PA eel
to 13 0.4..C.T. l_
13 11 ;1 10 9 al 7 F, 5 { ! 2 1
I RLA 118 ��Of FOR .111 GAS TEXAS CES LLC
UN 63.PA 40,
.R.T..T. DOW T N8 EASEMEN
O
D4 612 6 DOCU NU MER
R.T. T. 0212043155
�ry I 2, ACE 525 D.R.TC.T.
H 26 ALLEY
+
Carr OF FORT WORTH CITY OF FORT WORTH
E VOLUME 10147,PACE 1107 DOCUMENTD216NUMBER!83
D.R.T.C.T. OJLT.C.T. FF
c'
S
0 fop' The basis of the bearings shorm hereon Is 1ha
Texas State Plane Coordinate System, North Control
rt WALE FEET Zone, based Leon GPS measurements, according to
1'. foo the North Texas Cooperative VRS Network.
fi 6002926.00S PAGE 2 OF 2
y
6 Ametes and bounds desertion of even
r date aaompanlesthis drawing. �F T EXHIBIT'S"
NOV('Mb1ER 29,2017 � � 20'PIPELINE LICENSE AREA
0M DYA1E. SITUATED IN THE HAYSiT
ON
SURVEY ABSTRACT NUMBERMBER2566
$ 550601eyA—ue.Sade 400•Fal Walh.Team 76107 ' "�"je "{
T.E6val5 7121 �$ '� TARRANT COUNTY,TEXAS
#e
FIRM REC> MAT041OMIOO
K
Natural Gas pipeline License Agreement—Helmick 3.1.18 Page 23 of 24
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Natural Gas Pipeline License Agreement—Helmick 3.1.18 Page 24 of 24