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HomeMy WebLinkAboutContract 40254CITY SECRETARY CONTRACT NO, 4"54, TEMPORARY INGRESS AND EGRESS AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS 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 onto Rockwood Park and 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 Park and Golf Course. The purpose of this Agreement shall include the right for COMPANY to collect bore samples for geo-tech analysis. 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 C apajohn to Shady Oaks, TX-TARR-PASO-006.00 correction, prevention and abatement of nuisances in or upon or connected with said premises because of COMPANY' use thereof. 8. The Company shall not enter the City grounds of the property within 48hrs of a rain event or if property is considered wet. Contact the PACS Superintendent after a storm event for an assessment.. 9. 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. 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. COMPANY: Texas Midstream Gas Services L.L.C. Dave John Manager-�operty Rights CITY: City of Fort Worth arles W. Daniels, Assistant City Manager APPROVED AS TO FORM AND LEGALITY Attested by: Assistant: City Papajohn to Shady Oaks; TX-TARR-PASO-006.00 Marty k�er�di<ix, ity Secretary 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 officer 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 l'1 n a , 2010. ERIN NICOLE PRATT Notary Public, State of Texas My Commission Expires July 20, 2011 STATE OF TEXAS § COUNTY OF TARRANT § day of Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Charles W. Daniels, 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 o2- I day of 2010. MARIA S. SANCHEZ MY COMMISSION EXPIRES December 14, 2013 Papajohn to Shady Oaks, TX-TARR-PASO-006.00 EXHIBIT A Peter Schoonover Survey, A 1405 Tr 7A, Tarrant County, Fort Worth, Texas Papajohn to Shady Oaks, TX-TARR-PASO-006.00