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HomeMy WebLinkAboutContract 41554 (2)SIATE' OF XAS c UN UYO'= uARRAN Tr2is G =Y SECRETARY rY O V6Crsjp�5,51_�-� J 9 �. � - 7,61fiF O 'tiA'vY INGRESS „ N D (+; G R i 'S S " LM FERII I KNOW AILI1 , Guy H N BY T H IE S E P' R I:T S Temporary ln©ress and ,=gress Agreement ("Agreement") is ehitered Unto between the City of F ; Wort 1, Texas, a rinunicipa0 corporation og Tarrant Ctunty Texas ("CITY") and Texas kllHdstrearnr Gas Services L.Co, an Okliahorna limited [liability company ("COLUIPANY99). row and in consideration other goods and valluiable consideration, the sufficiency of which is hereby acCmowiedged, artd 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 Greenway Park described in the attached Exhibit "A", hereinafter referred to as the "Property". ?. 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 surveying through a portion of Greenway Park. 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 i-on, prevention and abatement of nuisances in or upon or connected with said es because of COMPANY's use thereof. i 036.04.02; 040.00.02; 040.00.03 correc OFFICIAL k premi CITY SECRETARY "7: MEAP-036.04:01; 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. CITY shad 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 huIIy indemnify, hc-ld harmless and defend the LIMY, its officers, agents and ernpQoyees, from and against any and all dDainis3 suits or causes of actaon of any nature whatsoever, whether real ow asserted, broupfint ..or or on account of any injui& ies or damages to perrsscns or property, irncUudin g death, roauUth g from, orr in any way connected with, the grant of the temporary ingress and egress on the property, whether or rot caused, on pad:, by the negUQgence of lacers, agents, or employees, of the CITY; provided however, that the Company shall have no liability or obligation to indemnify, hold harmless or defenil with respect to any injury or damage to persons or properrgy resulting fr m the sole negligence or rill uill misconduct of officers, agents or employees of the MY. The above -described temporary ingress and egress together with ail 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. C O WI PA N if n Texas Midstream Gas Services Lol,UCD kDave fohnsg- Marager-a,Property Rights APPROVED) AS TO FORM AN \kn , f 4 \ 717 i \ Lik ViM0 Assistant City At orney Att1ested Marty tiondrix, Secretary LEGALITY CITY: City if Fprrt @Rf ,r h CO"14) - ,61/44-; Susan Alanis, Assistant City Manager „ma-us-111,i -„tic. cos? �CyQQop o0po �e Un 046 o,. ilo, ea° MEAP-036.04.01; 036.04.02; 040.00.02; 040.00.03 kbCxASa°`r NO M&C EQUIR.tj' D "7s-l:. i?it sty=r_`ate_r a_.r='.:ij _ OFFICIAL RECORD CITY SECRETARY rT. WORTH TY • • • • • • STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENTS iTh FORE she undersigned authority, on this day perrsonallly appea ed lave J.hns9 krg M sr me be the person and officer whose name is subscrilbe©9 to the foregoing instrument, and acknowledged ` ® me that he executed the same as the act of Texas Midstream Gas Services, i,of ,00O3 an *11 lahonna [limited liability company for the purposes and consideration therein expressed and hi the capacity therein stated. GIVEN UNDER MY HANI AND SEAL- OF OhFICE this r /Aide d , 2011. _ Alime .,, sec c —s LILLIAN ANN BALLINGER Notary Public, State of Texas My Commission Expires May 20, 2012 STATE OF TEXAS COUNTY OF TARRANT ,__-� a-hez )7U/'(-.t day of 174 Notary Public in and for ;ha Late of Texas BEFORE RIF, the undersigned authority, on this day personally appeared Susan AIanSS, known to ire to be the person and officer wh.se name is subscribed to the forr,, g i>hig instrument, and acknowledged tcs me that he executed the same as the act and deed of she City of ; on't f.rth, a municipal corporation of arrant Courraty9 Texas, goy die purpose and consideration therein expressed and in the capacity therein stated. GIVEN LAIDER MY HAND AK I SEAL C G OFFICE thSS day of fY'\oNtk, 2011. eta il 4-01 IV ' P ' s I 0>��. 'PIA % r A .`° v to = ; . 4 s (11 dot blil y I / rltiflee VAt..t, \\w * I.. , LINDA M. HIRRLINGER MY COMMISSION EXPIRES February 2, 2014 I (Anr, M AUALLI10.01 Notary Pudic in acid for the State of Texas MEAD-036.04.01; 036.04.02; 040.00.02; 040.00.03 EXHIBIT A A958, Tr. 54A03, John Little Survey, City of Fort Worth, Tarrant County, Texas MEAP-036.04.01; 036.04.02; 040.00.02; 040.00.03