HomeMy WebLinkAboutContract 36825 CITY SECRETARY
CONTRACT NO.
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NOS. 31330, 31765,32031,32212,33143, 33229, 33297,
33342, and 33515
(PUBLIC RIGHT-OF-WAY USE AGREEMENTS)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS.
31330, 31765, 32031,32212, 33143, 33229, 33297, 33342, and 33515 ("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; BSG PIPELINE, LTD.
("Assignor" or "Company"), a Texas limited partnership, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C. ("Assignee"), an Oklahoma limited liability company.
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. 31330, 31765,
32031, 32212, 33143, 33229, 33297, 33342, and 33515 , 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. 31330,31765,32031,32212,33143,33229,33297,33342,a 3 j by BSG Pipeline,Ltd. to Texas Midstream Gas Services L.L.C. , � ��
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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:
Chesapeake Energy Marketing, Inc. BSG Pipeline, LTD
Kerry Clapp, Area Operations Manager Hunter Enis
6100 N. Western Avenue 777 Taylor Street. Suite 1090
Oklahoma City, OK 73118 Fort Worth,TX 76102
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 latest date below:
CITY OF FORT WORTH: ATTEST:
4 /
By By:
Karen L. Montgomery Marty Hendrix
Assistant City Manager City Secretary
Date: 311 O /o S
NO M&C REQUIRED
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky 1I"'
Assistant City Attorney
Consent to Assignment of CSC NOS.31330,31765,32031,32212,33143, 33229,33297,33342,and 33515
by BSG Pipeline,Ltd. to Texas Midstream Gas Services L.L.C.
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s
BSG PIPELINE,LTD
a Texas limited partnership:
By: Hunter Production Company
its General Partner:
By:
Hunter Enis
President
Date: 3 /I `� LO
Texas Midstream Gas ices, L.L.C.
By:
J4 es C. ohnso 1
resident
Date: "Z�/Z�c,
Consent to Assignment of CSC NOS. 31330,31765,32031,32212,33143,33229,33297,33342,and 33515
by BSG Pipeline,Ltd. to Texas Midstream Gas Services L.L.C.
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