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TEMPORARY INGRESS AND EGRESS AGREEMENT
STATE OF TEXAS §
COUNTY OF i AaRANi §
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, CITY hereby grants the COMPANY a temporary
ingress and egress (the "Survey License") onto Wildwood Park North 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 Wildwood Park
North.
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
Derek Weaver Pad Lateral — Tract 006.00
05-21-12 A09:51 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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correction, prevention and abatement of nuisances in or upon or connected with said
premises because of COMPANY's use thereof.
8. The Company shall not enter the City grounds of the property within 48 hours 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 Sevirices L.L.C.
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Ron- rar'ski,
Manager- Property Rights
APPROVE'? AS TO FORM AND LEGALITY
Assistant City Aney
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CITY:
City of Fort Worth
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Sus Alanis,
__ istant City Manager
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Derek Weaver Pad Lateral — Tract 006.00
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF TARRANT
BEFORF f/JE, the undersigned authority, on this day personally appeared Ron 3aranski,
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 fllidstream
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
, 2012.
MARGARET L. MOORE
Notary public
STATE OF TEXAS
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sastatassensissinsaissassaiwinsinntate
STATE OF TEXAS
COUNTY OF TARRANT
Notary Publi
day of
and for the Sate of Texas
BEFORE 1111E, the undersigned authority, on this day personally appeared Susan Alanis,
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 day of
in 0 , 2012.
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Notary Public in and for the State of Texas
Derek Weaver Pad Lateral — Tract 006.00
EXHIBIT A
De La Garza, Marceline Survey, Abstract 616, Tract 1; Tarrant County, Fort Worth, TX
Derek Weaver Pad Lateral — Tract 006.00
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