HomeMy WebLinkAboutContract 34006 IT Y SECRETARY
0NTi °,�,CT NO
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NOS. 30085,33346 AND 33445
(PUBLIC RIGHT-OF-WAY USE AGREEMENTS)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS.
30085, 33346 AND 33445 ("Consent") is made and entered into by and between the CITY OF
FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under the
laws of the State of Texas; CHIEF OIL AND GAS, LLC ("Assignor" or "Company"), a
Texas limited liability company, and CROSSTEX NORTH TEXAS GATHERING, LP
("Assignee"), a Texas limited partnership.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. The City and Assignor previously entered into City Secretary Contract Nos. 30085, 33346
and 33445, each a license to erect, construct, install, maintain and transport Gas through a Pipeline
in certain Public Rights-of-Way in the City(the "License Agreements"). The License Agreements
are public documents on file in the City Secretary's Office.
B. Assignor now wishes to assign to Assignee all of Assignor's right, title and interest
granted to Company under the License Agreements; Assignee wishes to accept such assignment;
the City is willing to consent to such assignment subject to the terms and conditions set forth in
this Consent.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor, and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Company pursuant to the License Agreements (the "Assignment"), effective
as of the last date that the City, Assignor and Assignee have executed this Consent ("Effective
Date"). The License Agreements are incorporated herein by reference for all purposes.
2. The City does not adopt, ratify or approve the particular provisions of any written or oral
agreement or understanding that may have made or reached by and between Assignor and
Assignee as part of or in regard to the Assignment. The City does not grant any right, privilege
or use to Assignee that is different from or more extensive than any right, privilege or use
granted to Company pursuant to the License Agreements. In the event of any conflict between
the License Agreements and the Assignment, the License Agreements shall control.
3. The City consents to the Assignment expressly upon the promise and covenant by
Assignee, and Assignee hereby promises and covenants to the City, that as of the Effective Date
Assignee will faithfully perform, as an independent contractor, all duties and obligations of
Company set forth in the License Agreement.
Consent to Assignment of CSC Nos. 30085, 33346 and 33445
by Chief Oil and Gas, LLC to Crosstex North Texas Gathering,LP ; � ;
Page I CIV
Fy, MEU'��, ����.
4. Assignor understands and agrees that Assignor and Assignee will be jointly and severally
liable to the City for (i) any duty or obligation of Company that Assignor was required by the
License Agreement to undertake or perform prior to the Effective Date and (ii) for any damages,
including, but not limited to, property loss, property damage and/or personal injury off any kind,
including death, to the extent caused by Assignor, its officers, agents, servants, employees or
subcontractors.
5. Notices required pursuant to the provisions of the License Agreement shall be
conclusively determined to have been delivered when hand-delivered or mailed by United States
Mail, postage prepaid, return receipt requested, addressed as follows:
To Assignee: To Assignor:
Crosstex North Texas Gathering, LP. Chief Oil and Gas, LLC
Attn: Diana Reed Attn: Joel Ward
2501 Cedar Springs Road— Suite 100 8111 Preston Road— Suite 600
Dallas, Texas 75201 Dallas, Texas 75225
6. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the License Agreement.
EXECUTED as of the later date below:
CITY OF FORT WORTH: ATTEST:
By: at��2(
Karen L. Montgomery Marty Hendrix
Assistant City Manager City Secretary
Date: /�j/6
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: C-21623 s--2_:Z- 06
Consent to Assignment of CSC Nos. 30085,33346 and 33445 0FFIC AU END
by Chief Oil and Gas,LLC to Crosstex North Texas Gathering, LP �,P.E n
Page 2 � USLS ! V
'� I!
CHIEF OIL AND GAS,LLC,
A Texas Limited Liability Company:
By:
Cli—ffbVig. Thomson
Vice President, Operations
Date:
CROSTEX NORJTESATHERING,LP
By: Crosstex E eGP,LLC,
Its gener
By:
James R. a
Executive V c President
Date: I-
r� n
Consent to Assignment of CSC NOS.30085,33346 and 33445 ROD
by Bart-Meet ext;-mss.to Crostex North Texas Gathering,LP ;N '�� SMARMY
Page 3 Ghicf Oil an Gas,Lt-c. V
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/22/2006
DATE: Tuesday, August 22, 2006
LOG NAME: 03CHIEFlA REFERENCE NO.: **C-21623
SUBJECT:
Authorize Execution of a Consent to Assignment of Public Right-of-Way Use Agreements by Chief
Oil and Gas LLC to Crosstex North Texas Gathering L.P.
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize consent to the assignment by Chief Oil and Gas LLC of its rights, duties and obligations
under City Secretary Contract Nos. 30085, 33346 and 33445 (Public Right-of-Way Use Agreements) to
Crosstex North Texas Gathering L.P; and
2. Authorize the City Manager to execute a Consent to Assignment Agreement with Chief Oil and Gas
LLC and Crosstex North Texas Gathering L.P.
DISCUSSION:
The City has entered into several Public Right-of-Way Use Agreements with Chief Oil and Gas LLC (Chief)
under which Chief was granted licenses to install, operate and maintain natural gas pipelines in specified
portions of public rights-of-way. Chief wishes to sell the pipelines in three of these agreements to Crosstex
North Texas Gathering L.P (Crosstex), and requests City consent to assign City Secretary Contract Nos.
30085, 33346 and 33445 to Crosstex.
City Secretary Contract No. 30085, executed June 16, 2004, authorizes two crossings approximately 120
linear feet each across Intermodal Parkway approximately 1500 feet west of Highway 156. City Secretary
Contract No. 33346, executed March 23, 2006, authorizes one crossing approximately 169 linear feet
across Timberland Boulevard approximately 0.3 miles east of IH 35W and a second crossing approximately
120 linear feet across Golden Triangle Boulevard approximately 100 feet west of Old Denton Road. City
Secretary Contract No. 33445, executed April 24, 2006, authorizes one crossing approximately 45 linear
feet across Litsey Road approximately 2.27 miles west of Byron Nelson Boulevard.
The crossings are located in Council District 2.
City staff recommends that the City Council approve these assignments on the condition that Crosstex
enter into an agreement with the City under which it agrees to be bound by the terms and conditions of the
Agreements.
FISCAL INFORMATIONXERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/21/2006
Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Danny Reed (6145)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/21/2006