HomeMy WebLinkAboutContract 35519-A1 CITY SECRETARY
CONTRACT NO. -11
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AMENDMENT NO. 1 TO
PUBLIC RIGHT-OF-WAY USE AGREEMENT
(City Secretary Contract No. 35519)
This AMENDMENT NO. 1 TO PUBLIC RIGHT-OF-WAY USE
AGREEMENT ("Amendment") is made and entered into by and between the CITY
OF FORT WORTH (the "City"), a home rule municipal corporation organized under
the laws of the State of Texas, and TEXAS MIDSTREAM GAS SERVICES, LLC
("Company"), an Oklahoma limited liability company.
The following statements are true and correct and constitute the basis on which
the City and Company have executed this Amendment:
A. The City and Company previously entered into that certain Public Right of
Way Use Agreement (the "Agreement") pursuant to which the City granted Company a
license to cross certain Public Rights-of-Way in the City for the construction, installation,
and maintenance of certain pipelines for the transportation of natural gas, as more
specifically set forth in the Agreement. The Agreement is a public document on file in
the City Secretary's Office as City Secretary Contract Nos. 35519.
B. In accordance with Section 13 of City Secretary Contract No. 35519,
Company has requested the City's consent to an assignment to DFW Midstream Services,
LLC of the Agreement to the extent it applies to the Public Right-of-Way Pipeline
crossings identified in the Agreement as "Line A" (collectively, the "Assigned
Crossings").
C. Because Company will retain ownership and all rights under the
Agreement to the extent it applies to all other Public Right-of-Way Pipeline crossings
authorized by the Agreement, Company and the City have agreed, as part of the City's
consent to such assignment, to amend the Agreement to delete the Assigned Crossings
from those crossings authorized by the Agreement and for the City to enter into a new
Public Right-of-Way Use Agreement granting DFW Midstream Service, L.L.C. the right
to maintain and operate those Pipelines in the Assigned Crossings, as more specifically
set forth in City Secretary Contract No. 41280.
NOW, THEREFORE, the City and Company, for and in consideration of the
terms and conditions set forth herein and in the Agreement, the sufficiency of which is
hereby acknowledged, do hereby contract, covenant, and agree as follows:
1. The definition of "Public Rights-of-Way" in Section 1 of the Agreement
(Definitions) is hereby amended to read as follows:
OFFICIAL RECORD
Page 1 of 2 CITY SECRETARY
Amendment No. 1 to CSC No.35519
Public Right-of-Way Use Agreement between City of Fort Worth and Texas Midstream Gas Se r
e&'�,1ORTH, TX
Public Rights-of-Way shall mean only those dedicated public streets,
highways, alleys and rights-of-way in the City identified in
Exhibit "A-1" of this Agreement, attached hereto and hereby
made a part of this Agreement for all purposes.
Exhibit "A-1" is attached hereto and shall replace and supersede Exhibit "A" and
Exhibit A-1 of the Agreement for all purposes.
2. All terms in this Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
3. All terms and conditions of the Agreement that are not expressly amended
pursuant to this Amendment shall remain in full force and effect.
EXECUTED as of the later date below:
CITY OF FORT WORTH: TEXAS MIDSTREAM GAS
SERVICES,L.L.C.:
By:
Fernando Costa Robert S. Purgason
Assistant City Manager Chief Operating Officer
Date: /. "/311,0 Date:_ 12. 2Z-I0
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APPROVED AS TO FORM AND LEGALITY: a po�Daoo°° °oop�j►O��
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Page 2 of 2
Amendment No. 1 to CSC No.35519
Public Right-of-Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services,LLC
EXHIBIT "A-1"
Company may only use the following portions of the Public Rights-of-Way in the City:
Line B:
• Approximately 50 linear feet crossing Randol Mill Road approximately 757 feet
north of its intersection with Lowery Road;
• Approximately 122.5 linear feet crossing Sartain Road approximately 100 feet
southeast of its intersection with Brook Ridge Drive;
• Approximately 100 linear feet crossing John T. White Road approximately 1,601
feet east of its intersection with Cooks Lane;
• Approximately 68 linear feet crossing Ederville Road approximately 739 feet east
of its intersection with Cooks Lane;
• Approximately 82 linear feet crossing Brentwood Stair Road approximately 116
feet east of its intersection with Cooks Lane; and
• Approximately 54 linear feet crossing Cooks Lane approximately 152 feet
northwest of its intersection with Drews Lane.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment No. 1 to CSC No.35519
Public Right-of-Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services,LLC