HomeMy WebLinkAboutContract 37456-A2AMENDMENT N0. 2 T®
PUBLIC RIGHT-OF-WAY USE AGREEMENT
(City Secretary Contract No. .37456)
This AMENDMENT NO. 2 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, as amended by that certain Amendment No. 1 to Public Right -of -
Way Use Agreement (collectively, 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. 37456 and 37456-A1.
B. In accordance with Section 13 of City Secretary Contract No. 37456,
Company has requested the Citys consent to an assignment to lip Midstream Services,
,LC of the Agreement to the extent it applies to the following Public Right -of --Way
Pipeline crossings, (i) that crossing approximately 122 linear feet crossing Precinct Line
Road, approximately 170 feet north of Randol Mill Road; and (ii) that crossing
approximately 102 linear feet crossing Cooks Lane, approximately 100 feet north of
Colbi Lane (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 crossi frngs 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. 41279.
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
hereby acknowledged, do hereby contract, covenant, and agree as follows:
Page 1 of 2
Amendment No. 2 to CSC No.
37456
Public Right -of --Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services, LLC
OFFICIAL
C
RECORD
ITY SE4RETARY
1. The definition of "Public Rights -of --Way" in Section 1 of the Agreement
(Definitions) is hereby amended to read as follows:
Public Rights -of --Way shall mean only those dedicated public streets,
highways, alleys and rights -of --way in the City identified in
Exhibit "A-2" of this Agreement, attached hereto and hereby
made a part of this Agreement for all purposes.
Exhibit "A-2" 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:
By:
Fernando Costa
Assistant City Manager
Date: l.2�.23Z0
TEXAS MIDSTREAM GAS
SERVICES, L.L.C.:
re
By:
Robert S. Purgason
Chief Operating Officer
Date: /2 - z2 -/U
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: none required
Attest by>
Hendrix, City
Page 2 of 2
Amendment No. 2 to CSC No. 37456
Public Right -of --Way Use Agreement between City of Fort Worth and Texas Midstream Gas Services,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A-2"
Company may only use the following portions of the Public Rights -of -Way in the City:
• Approximately 122 linear feet crossing Precinct Line Road approximately 155
feet north of Randol Mill Road.
• Approximately 102 linear feet crossing Cooks Lane approximately 85 feet north
of Colbi Lane.
• Approximately 94 linear feet crossing Precinct Line Road approximately 2313
feet north of Randol Mill Road
AmendmentNo. 2 to CSCNo. 37456
Public Right -of --Way Use Agreement between City of Fort Worth and Texas Midstream Gas
OFFICI�iL RECORD
CITY SECRETARY
�T H,'IRTH, TX
ces: