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HomeMy WebLinkAboutContract 45729CITY SECRETARY CONTRACTNO.1i5I1�1... TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CHESAPEAKE OPERATING, INC. FOR PRAIRIE DOG PARK This Temporary License Agreement (this "Agreement") is by and between the City of Fort Worth, Texas, a home -rule municipal corporation of the State of Texas, ("City") and Chesapeake Operating Inc. ("Company"). WHEREAS, the City owns a certain piece of property known as Prairie Dog Park ("Park"), located at 5060 Parker Henderson Road, Fort Worth, Texas 76119. "Company" will lay their temporary water transfer lines inside the northeast boundary line of said property off of Parker Henderson Road, heading due west into the culvert underneath Eastover Ave., which is depicted in Exhibit A, attached hereto and incorporated herein for all purposes; WHEREAS, Company desires to use a portion of the Park to place temporary waterlines to supply water for its offsite natural gas drilling activities; and WHEREAS, the City has reviewed the Company's request and agrees to grant the Company use of a portion of the Park in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. License and Purpose. City hereby grants to the Company a non-exclusive license to use a portion of the Park for the placement of temporary waterlines to serve the Company's offsite natural gas drilling activities and for no other purpose. The specific location of the licensed premises is depicted in more detail in Exhibit A, which is attached hereto and incorporated herein for all purposes ("Licensed Premises"). 2. License Fee. Contemporaneously with executing this Agreement, the Company shall deliver to the offices of the City's Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a license fee of $1,000.00 as compensation for the rights and privileges granted under this Agreement. 3. Term. The term of this Agreement shall be for thirty (30) consecutive days, beginning on the date that both the City and the Company have executed this Agreement. 4. Termination. The City may terminate this Agreement, without cause, upon five (5) days written notice to the Company or immediately upon a breach of this Agreement by the Company. 5. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non- exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and Temporary License Agreement with Chesapeake Operating, Inc. 4 OFFICIAL RECORD CITY SECRETARX'fb FtWORTH,TX 1 other authorizations for use of the Park to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Park as provided herein. This Agreement does not establish any priority for the use of the Park by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 6. Liability. Company covenants and agrees to release City, its officers, agents, representatives, servants, and employees, from and against any and all claims or suits for property damage, personal injury, or any other type of loss or adverse consequence related in any way to the existence of this Agreement or the use and occupancy of the Park, unless such act or omission complained of is the result of the gross negligence or willful misconduct of City. Furthermore, 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. 7. Restoration of the Park. Company further agrees that, if during the course of the exercise of its rights under this Agreement, damages result to the Park or City's park facilities, as determined by the City's Director of the Parks and Community Services Department or that person's designee, Company shall repair or restore same to a condition satisfactory to the Director within thirty (30) days unless otherwise agreed to by the parties in writing. 8 INDEMNIFICATION. COMPANY COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS REPRESENTATIVES, 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, BUT NOT LIMITED TO, DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR THE COMPANY USE AND OCCUPANCY OF THE PARK, WHETHER OR NOT CAUSED, IN PART, BY THE Temporary License Agreement with Chesapeake Operating, Inc. 2 of 6 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 GROSS NEGLIGENCE OF OFFICERS, AGENTS OR EMPLOYEES OF THE CITY. 9. Limitation on Use. There shall be no equipment on the Park within 48 hours of a rain event. The Company shall not bring any heavy equipment onto the Park, including, but not limited to, vehicles (except for areas designated for vehicles such as parking lots). 10. Comoliance with Laws. 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. 11. Notice. All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn City Attorney 1000 Thi ocktnorton Fort Worth, Texas 76102 To Chesapeake Operating, Inc.: Opel ations Manager 100 Energy Way Fort Worth, TX 76102 Temporary License Agreement with Chesapeake Operating, Inc. 3 of 6 12. Public Safety. Company shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Company's use of the Park. 13. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the Park any hazardous or toxic substances or materials, or intentionally or knowingly store or dispose of any such substances or materials on the Park. 14. Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades insurrections; riots• epidemics; public health crises; earthquakes; fires; floods restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. 15. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. 16. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of and be binding upon City and Company and their respective successors and assigns and shall be covenants running with the land. 17. Entire Agreement. This Agreement contains all of the agreements between the parties respecting the subject matter hereof and no prior representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this instrument. 18. No Waiver of Immunity. Nothing herem shall be deemed to limit or waive the sovereign or governmental immunity of City. Temporary License Agreement with Chesapeake Operating, Inc. 4 of 6 19. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the express written consent of the other party. Any attempt to assign this Agreement without the required consent is void and without force and effect. By executing this Agreement, Company agrees to and accepts the terms, conditions and provision contained herein. CITY OF FORT WORTH: By: 2 Su .an Alanis istant City Manager Date: I3bI20�-/' APPROVED AS TO FO AND LEGALITY: Tyler F. allach Assistant City Attorney ar Ci S cretary III (\I�� Contract Authorization: No M&C Required Temporary License Agreement with Chesapeake Operating, Inc. Chesapeake Operating, Inc. Date: David McKenna Operations Manager ‘I dip b. OFFICIAL RECORD CITY SECRETARY Ft WORTH, 114ofS STATE OF TEXAS COUNTY OF TARRANT x The foregoing instrument was acknow ledged before me on this 3k3 �.� 2014 by, _c�_r_ar� A�.tt ! i s The City of Font Worth - � --ft-ss4 C� a home rule municipality, on behalf of said ' municlpal2ty. LI .4� `��1Y NfI►I� i • •. •. • • A • • ilk► : as • �'l7il�iln' - I I \Y • 1 •F se_.. •I LINDA M. HIRRLINGER MY COMMISSION EXPIRES Febmery2,2018 . f 4 STATE OF TEXAS COUNTY OF TARRANT behalf t (Mk 44 °AIM' Notary Public, State of Texas Printed Name: Lunct& M {-krv( � Giiy My Commission Expires: a".c A .�, S i • day of of foregoing instrument was acknowledged g d before me on this 1/1 �'ay2014, bavid of . by McKenna, Operations Manager of Barre aid Company. g Barnett, on KANDICE KATHIEEN WRIGHT Notary Public, State of Texas My Commission Expires January 03, 2017 Temporary License Agreement with Chesapeake Operating, Inc. Notary P 1�1ic, State of Texas Printeame: ,tie,"a'cee c7-fc.(ecl ,u My Commission Expires: 6 of •v t. . Vt i., •.olb• t i•.of, b•... 4I 1,1 .i let i. �. CI 2 ..IreCo . �-. •.rr .�w—.�—.YW 1 4.