HomeMy WebLinkAboutContract 38761FTAFV
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
This Temporary Ingress and Egress Agreement ("Agreement") is entered into between the City
of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("CITY") and Texas
Midstream Gas Services L.L.C., an Oklahoma limited liability company ("COMPANY"). For and
in consideration of other goods and valuable consideration, the sufficiency of which is hereby
acknowledged, and in consideration of the covenants contained herein, CITY and COMPANY
agree as follows:
1. Subject to the terms of this Agreement and to all matters subject to record, CITY hereby
grants the COMPANY a temporary ingress and egress (the "Survey License") onto
Rockwood Golf Course described in the attached Exhibit "A hereinafter referred to as
the "Property".
2. The term of this Agreement shall be for thirty (30) days upon the execution of this
Agreement.
3. The Agreement shall only be used for the purpose of performing engineering design and
surveying for a proposed gas pipeline to be located through a portion of Rockwood Golf
Course.
4. COMPANY shall have free and uninhibited access across, through and over the
Property for the purpose as described in Section 3 above. CITY acknowledges and
agrees that COMPANY's access shall be with vehicles, equipment and by employees or
contractors as outlined on the attached exhibit. The Agreement shall include the right of
COMPANY and its employees, agents, representatives or contractors to access the
aforementioned Property for the purposes stated herein.
5. COMPANY shall minimize disturbance to the surface or subsurface of the Property and
surrounding property. Any disturbance to the park shall be reported to the Parks and
Community Services Department (PACSD) for assessment. Restoration of disturbed
area to the condition existing prior to the change or damage are to be approved and
inspected by the PACSD.
6. This Agreement is not assignable by the COMPANY without the prior written consent of
CITY, which shall not be unreasonably withheld.
7. COMPANY shall, at its own cost and expense comply with all applicable laws, including
but not limited to existing zoning ordinances, governmental rules and regulations
enacted or promulgated by any governmental authority and shall promptly execute and
fulfill all orders and requirements imposed by such governmental entities for the
correction, prevention and abatement of nuisances in or upon or connected with said
premises because of COMPANY's use thereof.
;ITY SECRETARY
9e WORPP lZTX
TX-TARR-PASO- 006.01
8. CITY shall not be liable to COMPANY for any damage or theft of COMPANY'S
equipment, facilities or other contents, except, when caused by the willful misconduct of
CITY, its agents, servants or employees. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties but that this Agreement
shall be solely for the benefit of the parties thereto.
9. COMPANY shall, at its own cost and expense comply with all applicable laws, including
but not limited to exiting zoning ordinances, governmental rules and regulations enacted
or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises
because of COMPANY's use thereof.
10. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms of this Agreement.
11. In this regard, COMPANY covenants and agrees to, and by these presents does hereby
fully indemnify, hold harmless and defend the CITY, its officers, agents and employees,
from and against any and all claims, suits or causes of action of any nature whatsoever,
whether real or asserted, brought for or on account of any injuries or damages to
persons or property, including death, resulting from, or in any way connected with, the
grant of the temporary ingress and egress on the property, whether or not caused in
part, by the negligence of officers, agents, or employees, of the CITY; provided however,
that the Company shall have no liability or obligation to indemnify, hold harmless or
defend with respect to any injury or damage to persons or property resulting from the
sole negligence or willful misconduct of officers, agents or employees of the CITY.
The above -described temporary ingress and egress together with all and singular the rights and
appurtenances thereto in anyway belonging unto COMPANY, and for so long as the rights are herein
granted; and CITY does hereby bind itself and its successor and assigns to this Agreement.
When the context requires, singular nouns and pronouns include the plural.
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TX-TARR-PASO- 006.01
COMPANY:
Texas Midstream as Services L.L.C.
I�Ne J n
an ger- property Rights
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
�ye
4endr1X, City
CITY:
City of Fort Worth
W. Daniels;
t City Manager
TX-TARR-PASO- 006.01
ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dave Johns,
known to me to be the person and of#icer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act of Texas Midstream
Gas Services, L.L.C., an Oklahoma limited liability company for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2009. '�
Notary Public in and for the Stat
r
PAMELA S MASSEY
STATE OF TEXAS § My Commisslon Expires
UL MWORPMRp"
August 7. 2010
COUNTY OF TARRANT §
Texas
BEFORE PJIE, the undersigned authority, on this day personally appeared Charles W.
®aniels, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and deed of the City
of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �l� day of
2009.
2�lPRY rUF` iV Afo IA S. SANCHEZ
NOTARY PUBLIC
STATE OF TEXAS
,my Comm. Fxp.17 14-2009
of Texas
TX-TARR-PASO- 006.01
EXHIBIT A
Peter Schoonover Survey, A 1405 Tr 7A, Fort Worth, Tarrant County, Texas
TX-TARR-PASO- 006.01