HomeMy WebLinkAboutContract 43838 (2)CITY SECRETAR
CONTRACT NO.
TEMPORARY ACCESS PERMIT AGREEMENT
This Temporary Access 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 Texas Midstream Gas Services,
L.L.C., (hereinafter referred to as "Company"), an Oklahoma limited liability company.
The following statements are true and correct and constitute the basis upon which the City of
Fort Worth has executed the permit:
A. Texas Midstream Gas Services, L.L.C. ("Company"), an Oklahoma limited liability
company, wishes to enter onto the surface of property described as Sycamore Heights
Block 14 Lot A4, as shown on the deed recorded in Volume 3167 Page 568 of the
Tarrant County Real Property Records and as further depicted in Exhibit "A",
hereinafter referred to as "Premises" for the purpose of ingress and egress to
complete a natural gas pipeline installation project in accordance with City of Fort
Worth M&C L-15448.
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" for purpose of
ingress and egress over the Premises to complete a natural gas pipeline installation
project on nearby lands and based 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 allow temporary ingress and
egress access across City property as depicted on Exhibit "A". Company hereby
acknowledges and agrees that this Permit allows only for temporary ingress and egress
over the Premises 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.
3. Company shall have access to the Premises on November 1, 2012 through February 1,
2012 (Three Months) 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 ingress or
egress, Company shall deliver three (3) signed copies of this Permit to the attention of
D.J. Harrell, Gas Lease Program Land Agent, Planning and Development Department,.
1000 Throckmorton, 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.
5. 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- yi omp ny, i swge @ ts,
1
OFFICIAL RECORD.
CITY SECRETARY
FT. WORTH, TX
employees of representatives on the Premises, including all damage or injury to standing
or fallen timbei, buildings, fences, equipment and all other property, whether real or
personal.
6. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMESS THE
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND
AGAINST ANY AND 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 (1) COMPANY'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS PERMIT 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 PERMIT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
SHALL NOT APPLY TO ANY LL4BILITY RESULTING FROM THE SOLE
NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, OR EMPLOYEES.
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.
7 Company covenants and agrees that City shall in no way or under any ciicumstances 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.
8. Company agrees that City shall not be liable for any loss, injury or damage whatsoever
suffered or incurred by Company or Company's agents, employees or representatives
while on the Premises.
9. Company agrees that it is taking the Piemises in their current "AS IS" condition, with no
representations of wan anties of any nature whatsoever by City.
10. Company agrees that the Premises shall not be used for storage or for any other purpose
except as outlined in this Permit.
11. Company shall not cut or remove any trees on the Premises, and no surface use of the
Premises shall occur except the use as outlined in this Permit.
12. Company agrees that access for all vehicles and other equipment is limited to the defined
roadway, which may only be used for the transport of equipment and supplies for
restoration of the Gateway park property and for no other purpose.
13. Company agrees to provide the following to the attention of D. J. Harrell, Gas Lease Program
Land Agent, Planning and Development Department, 1000 Throckmorton Fort Worth, Texas
76102-6302;
a. Two signed originals of the permit prior to access and use of the Premises;
b. "Before Pictures" of the Premises prior to access and use of the Premises;
c. "After Pictures" of the Premises within 30 days after conclusion of operations outlined
herein.
14. Company agrees that access for vehicle traffic shall be prohibited on Sunday's or
Holidays.
15. Upon the conclusion of the Permit, Company agrees to return the Premises to a salve
condition that is as good as or better than the one in which the Premises existed
immediately prior to Company's use. Company specifically agrees to remove all
hazardous conditions on the Premises created by Company's operations.
16. 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 provision
contained herein.
Texas Midstream Gas Services, L.L:C. City of Fort Worth
r
By:
Title: Ron Eiaranski, Manager -
Property Rights
Date: October 30, 2012
Address: 301 Commerce St., pridte 1200
Fort -Worth, TX 761/2 j
Phone: 07-5102-475Z /+,f27,/ -;911
APPROVED AS T
By:
Date:
Assistant C
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FORM AND LEGALITY:
ttorney
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Date:
1000 Throcklnorton
Fort Worth, Texas 76102
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By:
Title: 45.51; / �5/ /11.446eje/////
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Mirrcity Secretary
OFFICIAL RECORD'
CITY SECRETARY
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VOL. 2955 PG. 424
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VOLUME 12388, PAGE 623
VOLUME 15655, PAGE 396
LOT A-R, BLOCK 14
SYCAMORE HEIGHTS ADDITION
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GATEWAY PARK ADDITION
CABINET A, SLIDE 3-4
TARRANT COUNTY
WATER CONTROL AND
IMPROVEMENT DISTRICT NO.1
VOL. 7189 PG. 1843
GATEWAY PARK ADDITION
CABINET A, SLIDE 3-1
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J/23/2011 4:55 P1I
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City of Fort Worth, Texas
Mayor and ouncil ommunication
COUNCIL ACTION: Approved on 10/23/2012
DATE: Tuesday, October 23, 2012 REFERENCE NO • **L-15448
LOG NAME: 062050 SYCAMORE HEIGHTS PERMIT 2
SUBJECT:
Authorize Execution of a Three -Month Temporary Access Permit Agreement with Texas Midstream Gas
Services, L.L.C., in the Amount of $3 000.00 for the City Owned Property Described as Block 14, Lot 4A of
the Sycamore Heights Addition, Located Near 1750 Beach Street, West of Gateway Park (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a three-month temporary access permit
Agreement with Texas Midstream Gas Services, L.L.C., in the amount of $3 000.00 for access across City
owned property located near 1750 Beach Street west of Gateway Park with a legal description of Block
14, Lot 4A of the Sycamore Heights Addition.
DISCUSSION:
On September 27, 2011, the City Council approved a temporary access permit Agreement with Texas
Midstream Gas Services, L.L.C. (TMGS) granting a six-month temporary access across a portion of the
City owned property known as Block 14, Lot 4A of the Sycamore Heights Addition (M&C L-15255).
Access across the property was requested for the installation of a natural gas pipeline across Gateway
Park. Due to environmental issues that were discovered during the course of pipeline construction at
Gateway Park, repairs to the surface of park property and the temporary access area were delayed. The
proposed Agreement will allow access for a term of three additional months for construction vehicles
within a defined roadway across the property in order to complete the post -construction restoration of
Gateway Park.
TMGS has agreed to pay the City $1,000.00 per month for the use of the property. In accordance with the
City Code, an initial 30-day temporary access permit was executed administratively and paid for by TMGS
so that work could begin while this Mayor and Council Communication was being processed. Between the
initial 30-day permit and the three-month Agreement that is now proposed TMGS will be given use of the
property for a total of four months and will pay a combined fee in the amount of $4,000 00. Revenues
received from this project will be administered in accordance with the current Financial Management
Policy.
TMGS will be responsible for repairing and restoring any damage to the strip of land or surrounding
property resulting from the temporary construction access
The property is located in COUNCIL DISTRICT 8, Mapsco 78A.
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 the City
Logname: 062050 SYCAMORE HEIGHTS PERMIT 2 Page 1 of 2