HomeMy WebLinkAboutContract 39266CITY SECRETARY "2q
CONTRACT Np, .�L
TEMPORARY WATER LINE
PERMIT AGREEMENT
This permit agreement ("Permit") is hereby made and entered into by and
between the City of Fort Worth (hereinafter referred to as "City"), a home -rule municipal
corporation organized under the laws of the State of Texas and Quicksilver Resources;
Inc. (hereinafter referred to as "Company"), a Delaware corporation.
The following statements are true and correct and constitute the basis upon which
the City of Fort Worth has executed the agreement:
A. Quicksilver Resources, Inc., ("Company") a Delaware corporation, wishes
to install one (1) temporary ten (10) inch water line on the surface of
property described in Exhibit "A", hereinafter referred to as "Premises".
B. The City has reviewed Company's request and agrees to grant Company a
permit ("Permit") to use a portion of the Premises as described in Exhibit
"A" in order to install a temporary water line on the terms and conditions
set forth herein.
Agreement
1. Subject to the terms and conditions set forth in this Permit and the City
Charter and ordinances, the City hereby grants Company a permit to install
one (1) ten (10) inch temporary water line across City property as depicted on
Exhibit "A". Company hereby acknowledges and agrees that this Permit
allows only for the installation and use of a temporary water line and is not to
be construed for any other activity or use.
2. This Permit and all rights granted herein to Company are strictly
nonexclusive. The City reserves the right to go on or across and permit others
to go on or across, the Premises for any purpose whatsoever and to conduct
any operations or activities that the City may desire, provided that the City
agrees not to use or permit the use of the Premises in a manner that would
unreasonably interfere with the rights granted to Company hereunder.
3. Company shall have access to the Premises on May 6, 2009 through
November 6, 2010 upon which time this Permit shall automatically terminate.
Prior to the time Company is entitled to any right of access to or use of the
Premises for the installation of the temporary water line, Company shall
deliver two (2) signed copies of this Permit to the attention of Jean Petr, Gas
Lease Program Manager, Planning and Development Department, Fort Worth,
Texas 76102-6302,
4. Company agrees to conduct its operations in accordance with good standard
practices and shall comply with all Federal, State, and local laws, rules and
regulations, as well as with all Federal Aviation Administration ("FAA")
regulations.
hVUAL RECORD
CITY SECRETARY
FTr WORTH, TX
1
5. Company agrees to not enter the Property at any time without 24-hour prior
notice given to Alliance Airport personnel. Coordination for entrance to the
Property shall be Chris Ash, Airport Operations Manager, 817.890.1000.
6. Company agrees that at no time will the Property be used for storage of
equipment or materials other than the pipeline used for the permitted
temporary water line.
7. Company agrees to pay City for all damages suffered or incurred by it, either
directly or indirectly, as a result of any operations conducted for or by
Company, its agents, employees or representatives on the Premises, including
all damage or injury to standing or fallen timber, buildings, fences, equipment
and all other property, whether real or personal.
8. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
HARMLESS AGAINST ANYAND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOST TO COMPANY'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO,
ARISE OUT OF OR BE OCCASIONED BY (i) COMPANY'S BREACH
OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT
OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF COMPANY, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS
AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES AND IN THE EVENT OF JOINT
AND CONCURRENT NEGLIGENCE OF BOTH COMPANY AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS.
9. Company covenants and agrees that City shall no way or under any
circumstances be responsible for any property belonging to Company, its
members, employees, agents, contractors, subcontractors, invitees, licensees
or trespassers which may be stolen, destroyed, or in any way damaged, and
Company hereby indemnifies and holds harmless City from any and all such
claims. City does not guarantee police protection and will not be liable for
any loss or damage sustained by Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers on any of the
Premises.
10. Company agrees that City shall not be liable for any loss, injury or damage
whatsoever suffered or incurred by you or your agents, employees or
representatives while on the Premises
2
11. Company agrees that it is taking the Premises in their current AS IS"
condition, with no representations or warranties of any nature whatsoever by
City.
12. Company agrees to install the temporary water lines using human foot traffic
only while working on the Premises.
13. Company shall not cause any disturbance to the surface of the Premises nor
shall it engage in any construction activity on the Premises.
14. SPECIAL PROVISIONS FOR USE OF CULVERTS AND DRAINAGE
WAYS.
a. Company must provide a pre -installation video of the property and
channeUcreekbed condition and a post -installation video of the
property and channeUcreekbed condition to the City of Fort Worth
Gas Lease Program staff to assure that no damage has been done to
the channel.
b. No pipeline may be installed within the channeUcreekbed.
c. Company must monitor the placement of the temporary water line
during the term of the permit. Should the pipeline fall in the
channeUcreekbed, Company shall immediately restore the pipeline to
the bank of the channeUcreekbed within the area described in Exhibit
A.
15. Within 30 days of completion of the term of this Permit for the temporary
water line operations, Company agrees to remove all equipment and return the
Premises as nearly as practicable to the same condition as Premises were in
upon Company's entry. Company specifically agrees to remove all hazardous
conditions on the Premises created by Company's operations. If Company
fails to remove the equipment within the timeframe stated herein, City shall
remove and take possession of the equipment.
16. Company agrees to pay for the mowing of the property immediately
surrounding the temporary water line by the Alliance Airport contractor and
will arrange for the billing through a separate contract with the mowing
company.
17. Company may not assign or otherwise transfer any of its rights or obligations
under this Permit.
By executing this Permit, Company agrees to and accepts the terms, conditions and
provisions contained herein.
Quicksilver Resources, Inc.
By:
Title: o L*,1 N,C rJ + A rry -/ �=�ir
0
Address: 7 7"7 J. 2r Sc �! �► I E
Fi cJc 2 Tl. 7�X 7& 1 og
Phone: 81 '7 3 `i S C2 1(40 1
)ate:
IT SECRETARY
FT, WORTH, TX
CITY
By,
APPROVED AS TO FORM AND LEGALITY:
By:��Q�- �! )
Assistant City Attorney
Date: b�1�J`I
THE STATE OF TEKAS
COUNTY OF TARRANT
0
Ltt
ATTEST:
Ic
City Secretary
Corxtract Authorization
t7ate
ACKNOWLEDGEMENT
BEFORE ME, the undersigned, a Notary Public, on this day personally appeazed ��.;, L% ,known to
me to be the person whose name is subscribed to the foregoing instrument and, that (s)he has execueeki the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o t�"U�2009.
My Commission Expires:
Public in and for the
State of Texas
Name of Not Public Here
LESLIE M. GRUNDEN
NOTARY PUILIC STATE OF TEXA3
corr�uiow cxriRE8:
03-7 3_207 2
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
6 r- I' L,tn (E me ►''
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared for rern xtd o i 2s+Q known to
me to be the person whose name is subscribed to the foregoing instrument and, that (s)he has executed the same for the purposes and
consideration therein expressed. 1, (�
GIVEN UNDER MY HAND AND SEAL OF OFFICE this n(l day of C(fr 2009.
My Commission Expires:
Public in and for the
Mate of Texas
Name ofNotary Public Here
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
5
LEGAL DESCRIPTION OF A 10'
TEMPORARY WATER LINE EASEMENT
BEING a portion of those tracts of land in the A. C. Warren Survey, Abstract No. 1687, and the
C. Harmon Survey Abstract No. 737, and being described by deed to the City of Fort Worth, as
recorded in Volume 9279, Page 388, and Volume 16429, Page 239, and County Clerks Number
D205098716, and Cabinet A, Slide 8543, and Cabinet A, Slide 622, County Records, Tarrant
County, Texas, and Volume 5282, Page 820, and Volume 2382, Page 209, Official Public
Records, Denton County, Texas, being more particularly described in metes and bounds as
follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Carter &Burgess" at the
southeast corner of said City of Fort Worth tract and being the northeast corner of Lot 1, Block 2,
Northport Addition, an addition to the City of Fort Worth recorded in Cabinet A, Slide 379, Plat
Records, Tarrant County, Texas, and being in the west right-of-way of Interstate Highway 35
West (a variable width right -of --way);
THENCE N 10°44'26"E, 166.72 feet with said common line;
THENCE S 53°35'34"W, 19.74 feet departing said line;
THENCE S 31°56'19"W, 119.02 feet;
THENCE S OS°25'48"W, 24.13 feet;
THENCE S 63°37'43"W, 111.88 feet;
THENCE N 67°2011811W, 31.02 feet;
THENCE S 6605013995W, 89.30 feet to the beginning of anon -tangent curve the left;
THENCE with said non -tangent curve to the left, an arc distance of 151.1_ $feet, through a
central angle of 16°25 15, having a radius of 527.50 feet, the long chord of which bears
S 64054'0121W, 150.66 feet;
THENCE S 63036'305'W, 120.70 feet to the beginning of anon -tangent curve the left;
THENCE with said non -tangent curve to the left, an arc distance of 162.49 feet, through a
central angle of 10°27'22", having a radius of 890.40 feet, the long chord of which bears
S 58025'3231W, 162.27 feet;
THENCE S 44013133"W, 24.67 feet;
THENCE S 68008115"W2 143.32 feet;
THENCE N 82039'30"W, 81.64 feet;
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THENCE N 60°04 15W, 23.71 feet;
THENCE N 09°25 18E, 40.36 feet;
THENCE N 79°zoo '07W, 30.42 feet to the east right -of --way line of Heritage Parkway as
recorded in Cabinet A, Slide 379, Plat Records, Tarrant County, Texas and the west line of said
Fort Worth tract;
THENCE S 68°33'S2"W1 114.98 feet departing common line to the west right -of --way line of
Heritage Parkway and the east line of said City of Fort Worth Lot 1, Block 1 tract to the POINT
OF BEGINNIG;
THENCE S 61°Ol'47"W, 42.44 feet departing said line;
THENCE S 67°49' 18"W, 317.94 feet to beginning of anon -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 69.74 feet, through a
central angle of 15°51'27", having a radius of 252.00 feet, the long chord of which bears
S 79019'55"W, 69.52 feet to beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 327.84 feet, through a
central angle of 33°50'42", having a radius of 555.00 feet, the long chord of which bears
S 70014'21"W, 323.10 feet;
THENCE S 80°08'08"W, 93.46 feet;
THENCE S 86°50'29"W, 91.09 feet;
THENCE S 89006'Ol1W, 151.62 feet to beginning of anon -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 639.28 feet, through a
central angle of 33°50'Ol ", having a radius of 1082.60 feet, the long chord of which bears
N 73043M"W, 630.04 feet to beginning of a non -tangent curve to the right;
THENCE with said non -tangent curve to the right, an are distance of 283.29 feet, through a
central angle of 11 °43' 16", having a radius of 1384.80 feet, the long chord of which bears
N 48031' 13"W, 282.80 feet;
THENCE N 44007'37"W, 37.21 feet;
THENCE N 58049955"W, 43.54 feet;
THENCE N Ol 021'45"W5 11.44 feet;
THENCE N 46021'45"W, 91.81 feet;
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THENCE N 36022'09"W9 130.29 feet to beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 146.60 feet, through a
central angle of 09°57'07", having a radius of 844.00 feet, the long chord of which bears
N 37057'33"W, 146.41 feet;
THENCE N 43°38' 14"E, 10.02 feet to beginning of anon -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 148.64 feet, through a
central angle of 09°58'20", having a radius of 854.00 feet, the long chord of which bears
S 37059121"E, 148.45 feet;
THENCE S 36°22'09"E, 129.12 feet;
THENCE S 46°21'45"E, 95.07 feet;
THENCE S O1°21'44"E, 10.10 feet;
THENCE S 58°49'S5"E, 39.48 feet;
THENCE S 44°04' 14"E, 38.61 feet to beginning of anon -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 281.01 feet, through a
central angle of 11°42'40", having a radius of 1374.80 feet, the long chord of which bears
S 48033143"E, 280.52 feet to beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 633.05 feet, through a
central angle of 33°48'S9, having a radius of 1072.60 feet, the long chord of which bears
S 73042'04"E, 623.91 feet;
THENCE N 89006'O199E, 151.62 feet;
THENCE N 86°50'11"E, 90.11 feet;
THENCE N 80008'08"E, 90.67 feet to beginning of anon -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 331.18 feet, through a
central angle of 33°35'03", having a radius of 565.00 feet, the long chord of which bears
N 70021'20"E, 326.46 feet to beginning of a non -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 66.37 feet, through a central
angle of 15°42'S0", having a radius of 242.00 feet, the long chord of which bears N 79°25'30"E,
66.16 feet;
THENCE N 67049' 187E, 317.94 feet;
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THENCE N 60°56':) I E, 48.83 feet;
THENCE S 08°0815"W, 12.54 feet to the Point of Beginning and containing 24,839 square
feet or 0.570 acres of land more or less.
TODD A. BRIDGES
4940
suR`�
Jacobs Job No. WFXG5800 Tracking No. 2652
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LEGAL DESCRIPTION
'TEMPORARY WATERLINE
EASEMENT
BEING a portion of that tract of land in the A. C. Warren Survey, Abstract No. 1687, being
described by deed to the City of Fort Worth, recorded in Volume 9378, Page 2033, County
Records, Tarrant County, Texas, and being more particularly described in metes and bounds as
follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Carter &Burgess" found at
the southeast corner of said City of Fort Worth tract and being the northeast corner of Lot 1,
Block 2, Northport Addition, an addition to the City of Fort Worth, recorded in Cabinet A, Slide
379, Plat Records, Tarrant County, Texas, and being in the west right-oPway line of Interstate
Highway 35 West (a variable width right -of --way);
THENCE N 10°44'26"E, 166.72 feet with said connmon line to the POINT OF BEGINNING;
THENCE S 53°35'34"W, 19.74 feet departing said line;
THENCE S 31 °56' 19"W, 119.02 feet;
THENCE S OS°25'48"W, 24.13 feet;
THENCE S 63°37'43"W, 111.88 feet;
THENCE N 67020' 18"W, 31.02 feet;
THENCE S 66°50'39"W, 89.30 feet to the beginning of anon -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 151.18 feet, through a
central angle of 16°25 16, having a radius of 527.50 feet, the long chord of which bears
S 64054101"W, 150.66 feet;
THENCE S 63036'30"W, 120.70 feet to the beginning of anon -tangent curve to the left;
THENCE with said non -tangent curve to the left, an arc distance of 162.49 feet, through a
central angle of 10°27'22", having a radius of 890.40 feet, the long chord of which bears
S 58025532"W, 162.27 feet;
THENCE S 44013'33"W, 24.67 feet;
THENCE S 6800815"W, 143.32 feet;
THENCE N 82039930W, 81.64 feet;
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THENCE N 60004' 15"W, 23.71 feet;
THENCE N 09°25 18E, 40.36 feet;
THENCE N 79°25'07"W, 30.42 feet to the east right -of --way line of Heritage Parkway as
recorded in Cabinet A, Slide 379, Plat Records, Tarrant County, Texas and the west line of said
Fort Worth tract;
THENCE N 08°08' 13"E, 10.01 feet with said common line;
THENCE S 79°25'0?"E, 40.65 feet departing common line;
THENCE S 09°25' 18"W, 43.22 feet;
THENCE S 60°04' 15"E, 14.78 feet;
THENCE S 82°39'30"E, 77.04 feet;
THENCE N 68°08' 15"E, 138.60 feet;
THENCE N 44°13'33"E, 23.34 feet to the beginning of anon -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 165.09 feet, through a
central angle of 10°30'20", having a radius of 900.40 feet, the long chord of which bears
N 58024'013'E, 164.86 feet;
THENCE N 63°36'29"E, 120.10 feet to the beginning of anon -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 152.89 feet, through a
central angle of 16°17'51", having a radius of 537.50 feet, the long chord of which bears
N 64054' 12"E, 152.37 feet;
THENCE N 66°50'39"E, 92.98 feet;
THENCE S 67020' 18"E, 30.72 feet;
THENCE N 64002357"E, 101.24 feet;
THENCE N 05025148"E, 21.83 feet;
THENCE N 31 °56' 19"E, 123.28 feet;
THENCE N 53035'34"E, 32.43 feet to east line of said City of Fort Worth tract and said west
right -of --way line of Interstate Highway 35 West;
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THENCE S 10044'27"W, 14.70 feet with common line to the Point of Beginning, containing
11,726 square feet or 0.269 acres of land more or less.
Jacobs Job No. WFXG5800
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Tracking No. 2651
July 02, 2009
Page 3 of 5
MATCH SHEET 5
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DATES 30-Jun-09 17�48
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council C
7i"�lii
UI'liCatlOn
COUNCIL ACTION: Approved on 8/�I8/2009
DATE: Tuesday, August 18, 2009
LOG NAME: 06ALLIANCE AIRPORT 0062040
REFERENCE NO.: **L-14820
SUBJECT:
Authorize the Execution of an Above Ground Temporary Water Line Permit Agreement with Quicksilver
Resources, Inc., in the Amount of $12,415.04 for One Ten Inch Pipeline Across City -Owned Property in the
A.C. Warren Survey, A-1687, and the C. Harmon Survey, A-737, on the South End of Alliance Airport for a
Term of Eighteen Months
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Long Term Above Ground Temporary
Water Line Permit Agreement with Quicksilver Resources, Inc., for one ten inch pipeline across City -
owned property in the A.C. Warren Survey, A-1687, and the C. Harmon Survey, A-737, on the south end
of Alliance Airport in the amount of $12,415.04 for a term of 18 months.
DISCUSSION:
The City of Fort Worth (City) has been approached by representatives of Quicksilver Resources, Inc.,
requesting a Long Term Above Ground Temporary Water Line Permit Agreement across a portion of City -
owned property in the A.C. Warren Survey, A-1687, and the C. Harmon Survey, A-737, for the installation
of an above ground temporary water line to serve the Alliance Brewer and Alliance A wells. The temporary
water line will be located on the south end of Alliance Airport on undeveloped property. The proposed
alignment will allow for a total of 3,726.4 linear feet of 10 inch diameter aluminum pipe within a 10 foot
wide strip of land across the properties (0.839 acres, more or less) for a term of 18 months.
Quicksilver Resources, Inc., has agreed to pay the City the standard fee of $0.20 per linear foot of pipeline
per month for the use of the property for a term of 18 months at a total cost of $13,415.04. Quicksilver
Resources, Inc., previously remitted $1,000.00 to the City for an initial 30 day temporary water line permit
leaving a balance due of $12,415.04.
Quicksilver Resources, Inc., will be responsible for repairing and restoring any damage to the strip of land
or surrounding property resulting from the installation and removal of the pipeline.
The Property is located in COUNCIL DISTRICT 2, Mapsco 7P and 7Q.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
PE40 446310 0551000
CERTIFICATIONS:
Submitted for City Manager's Office bv:
$12,415.04
FROM Fund/Account/Centers
Fernando Costa (6122)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12184&print=true&DocType=Print 9/24/2009
Page 2 of 2
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. Accounting Info.pdf (CFW Internal)
2. Exhibit 1.pdf (Public)
Susan Alanis (8180)
Jean Petr (8367)
http://apes.cfwnet.org/ecouncil/printmc.asp?id=12184&print=true&DocType=Print 9/24/2009