HomeMy WebLinkAboutContract 35045�i�r�r ��c�E���`�
�C�fV�'�AGT �� . ._ :j�..Y.�
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NOS. 34406, 34895 and 34898,
(PUBLIC RIGHT-OF-WAY USE AGREEMENTS)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS.
34406, 34895 and 34898 ("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; WEST FORK PIPELINE COMPANNY, LLC ("Assignor" or
"Company"), a Texas limited partnership, 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. 34406, 34895
and 34898, each a license to erect, construct, install, maintain and transport Gas through a Pipeline
in certain Public Rights-of-Way in the City (collectively 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;
and 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 AssiglllTlent, the License Agreements shall control.
3. The City consents to the Assigrunent 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 Agreements.
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Consent to Assignment of CSC NOS. 34406, 34895 and 34898 � ��? ,V.:',?;�i ;,; � U ��,;.�
by West Fork Pipeline Company, L.L.C. to Crosstex North Texas Gathering, L.P. ��
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Page 1 : _ -- — _-_
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 Agreements 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 Agreements shall be
conclusively deternuned to have been delivered when hand-delivered or mailed by United States
Mail, postage prepaid, return receipt requested, addressed as follows:
To Assignee:
Crosstex North Texas Gathering, LP.
Attn: Diana Reed
2501 Cedar Springs Road — Suite 100
Dallas, Texas 75201
To Assignor:
West Fork Pipeline Company, LLC
Attn: Lawrence B. Dale, President
2100 Ross Avenue, Suite 1870, LB-9
Dallas, Texas 75201
6. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the License Agreements.
EXECUTED as of the latest date below:
CITY OF FORT WORTH:
ATTEST:
B G� '�(�F �.�/L'�,�,c �� By: I .
y.Karen L. Montgomery (i �-(%� Marty Hendiix
Assistant City Manager / CFO City Secretary
Date: � /� �� %
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: none required
Consent to Assignment of CSC NOS. 34406, 34895 and 34898
by West Fork Pipeline Company, L.L.C. to Crosstex North Texas Gathering, L.P.
Page 2
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F0�2K PIPELINE COMPANY, L.L.C.,
lirr�ited liability company
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B. Dale
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CROSTEX NORTH TEXAS GATHERING, LP
a Texas limited partnership
By: Crosstex Energy Services, GP, LLC,
Lt��neral pa ner
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By: ''���� �'%;�=- _-- _=
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Ron W. Kerr
Attorney-in-Fact
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Date: �f ��Z E' �`"�� (y'
Consent to Assignment of CSC NOS. 34406, 34895 and 34898
by West Fork Pipeline Company, L.L.C. to Crosstex North Texas Gathering, L.P
Page 3
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