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HomeMy WebLinkAboutContract 39101 CITY CONTRACT NNAOR STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § 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 (the "Survey License") onto Gateway Park 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 Gateway 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 correction, prevention and abatement of nuisances in or upon or connected with said premises because of COMPANY's use thereof. OFFICIAL RECORD CITY SECRETARY Mercado to Arc Park FT UIiORTH, T�( 8. 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. 9. COMPANY shall, at its own cost and expense comply with all applicable laws, including but not limited to exiting 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 authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of COMPANY's use thereof. 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. [INTENTIONALLY LEFT BLANK, SIGNATURES ON NEXT PAGE] Mercado to Arc Park COMPANY: CITY: Texas Midstream Gas Services L.L.C. City of Fort Worth D ve has ha les W. Daniels, M nager- Property Rights � � Assistant City Manager APPROVED AS TO FORM AND LEGALITY Atteste 7,. Assistant City AttorneyYlr�endrix, City Sec NO M&C REQUIRED k LOFFICIALECORD Mercado to Arc Park ETARYTH,TX 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�_day of 2009. Notary Publ[i4 in and for to State of Texas ,p TANYA C.CHAPMAN STATE OF TEXAS § MY COMMISSION EXPIRES '";'QF October 24,2010 COUNTY OF TARRANT § 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. G VEN YNDER MY HAND AND SEAL OF OFFICE this day of 2009. MARIA S.SANCHEZ NOTARY PUBLIC s y , STATE OF TEXAS My Comm.Exp.12-14-2009 Notary Public in and for the State of Texas Mercado to Arc Park EXHIBIT A Gateway Park, BIkl Lot Fort Worth, Tarrant County, Texas Mercado to Arc Park