HomeMy WebLinkAboutContract 42761CITY SECRUARY
CONTRACT NO. 4-2 + t� 1
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
This Temporary Waterline License Agreement (the "License ") is made and entered into between the
City of Fort Worth, a municipal corporation of the State of Texas ( "GRANTOR "), acting by and
through its duly authorized Assistant City Manager, and Vargas Energy, Ltd., a Texas Limited
Partnership ( "GRANTEE "), acting by and through the duly authorized President of Plover Production
Company, L.L.C., a Texas Limited Liability Company and GRANTEE's General Partner.
For certain good and valuable consideration, the sufficiency of which is hereby acknowledged, and in
consideration of the covenants contained herein, GRANTOR and GRANTEE agree as follows:
Subject to the terms and conditions of this License, GRANTOR hereby grants and
conveys to the GRANTEE a license to use a thirty -two hundred foot (3200') long by
twenty foot (20') wide strip of land at the Fort Worth Nature Center and Refuge, 9601
Fossil Ridge Road, Fort Worth, Texas 76135, with the centerline of such land being
identified as the "Water line route" on the attached Exhibit "A." The land being licensed
is hereinafter referred to as the "Property." This License is granted and made subject to
all matters of record affecting the Property.
2. The term of this License shall be for thirty (30) days from the date of execution.
3. The License shall only be used for the purpose of installing and operating temporary
waterlines and associated pumping equipment for the transportation of fresh water
through a portion of the Fort Worth Nature Center and Refuge ( "Park") to a proposed
gas drilling site located on nearby privately owned property.
4. GRANTEE shall, subject to the terms and conditions expressed herein, have free and
uninhibited access across, through, and over the Property for the purpose as described in
Section 3 above. GRANTOR acknowledges and agrees that GRANTEE's access shall,
subject to the terms and conditions expressed herein, be with vehicles weighing no more
than two tons fully loaded, equipment, and employees or contractors. The License shall
include the right of GRANTEE and its employees, agents, representatives or contractors
to access the aforementioned Property for the purposes stated herein.
5. GRANTEE shall install and maintain throughout the term of this License temporary
orange mesh construction fencing along the "Water line route," with such fencing to be
placed at the perimeter of the Property.
6. All water transfer pipelines (including pipe joint couplings) must be installed, maintained, and
operated so as to be kept free from leaks and must be inspected at least once every four hours
when in use.
7. To avoid contamination in the event of a pump malfunction, all water pumps must be kept and
operated within a non - permeable fluid containment structure that is capable of containing one and
a half times the rated volume of the pump.
Temporary Waterline License- Fort Worth Nature Center and Refuge Page I of 4
8. A continuous containment boom must be installed and maintained in the Trinity River/Lake
Worth at a fifty foot (50') radius from the point of extraction.
9. Three (3) days prior to the completion of the drilling or fracing operation and prior to removing
the pumping equipment, GRANTEE shall notify GRANTOR of its intent to demobilize and shall
coordinate with GRANTOR to schedule an inspection of the Property and Park. All pump
equipment must be disassembled and removed from the Property immediately following
completion of the drilling or fracing operation.
10. GRANTEE shall minimize disturbance to the surface or subsurface of the Property and
surrounding property. Any disturbance done to the Park shall be reported to the Parks
and Community Services Department (PACSD) for assessment. Disturbed area(s) shall
be restored to a condition that is at least as good as the one in which such property existed
prior to the disturbance. Prior to beginning any restoration work, GRANTEE shall
consult with the Suzanne Tuttle, Director of the Fort Worth Nature Center and Refuge, to
determine specific requirements for seeding and plant materials and any grading or soil
work to be performed. All restored areas shall be maintained and watered until such
areas are inspected and accepted by the PACSD.
11. There shall be no equipment on Park property within 48 hours of a rain event
unless specifically approved by the Director of GRANTOR's Parks and Community
Services Department. GRANTEE shall contact GRANTOR to ensure the grounds of
the Park are suitable for performing work outlined within the License. If use following a
rain event should disturb the Park or Property, GRANTEE shall restore such disturbed
areas in accordance with the requirements of Section 10.
12. The License is not assignable by the GRANTEE without the prior written consent of
GRANTOR, which shall not be unreasonably withheld.
13. The Company shall have access to Premises on the following dates for the
following purposes:
1/11/2012 (date) On Ground Pre - Construction
1/11/2012 (date) Start Date
2/10/2012 (date) Completion Date
14. GRANTEE agrees to pay the City One Thousand Two Hundred and Eighty
Dollars 1280.00, representing $0.20 per liner foot, per pipe for the purpose of
installing temporary waterlines across the Property. In addition, GRANTEE
hereby grants unto GRANTOR a license to use and access the property identified
as "Lease Road" and the "Edwards SW Unit Pad Site" for purposes of accessing
the Property and determining GRANTEE's compliance with the terms and
conditions of this License.
15. GRANTEE shall, at its own cost and expense, comply with all applicable laws,
ordinances, rules, and regulations, 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
Temporary Waterline License- Fort Worth Nature Center and Refuge Page 2 of 4
nuisances in, on, or connected to GRANTEE's use of the Property and Park. In
particular, and without limiting the generality of the requirement in the foregoing
sentence, GRANTEE shall be responsible for obtaining all required permits and
permissions from the Tarrant Regional Water District with respect to use of the waters of
Lake Worth and the Trinity River and placement of any pumping equipment to be used.
16. GRANTOR shall not be liable to GRANTEE for any damage or theft of GRANTEE'S
equipment, facilities, or other contents, except, when caused by the willful misconduct of
GRANTOR, its agents, servants, or employees. It is the express understanding and
agreement of the parties that this License is not intended to create liability for the benefit
of third parties but that this License shall be solely for the benefit of the parties thereto.
17. GRANTEE covenants and agrees to, and by these presents does hereby, fully indemnify,
hold harmless, and defend the GRANTOR, its officers, agents, servants, 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 License or operation and maintenance of the temporary facilities, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, OR EMPLOYEES, OF THE GRANTOR; provided however, that the Grantee
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 of
officers, agents or employees of the GRANTOR.
18. This License (together with all exhibits, schedules, and attachments) constitutes the entire
understanding of the parties with respect to GRANTEE's use of the Park and Property.
No representation or statements, verbal or written, have been made modifying, adding to,
or changing the terms of this License.
When the context requires, singular nouns and pronouns include the plural.
GRANTEE:
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Crawford Edwards, President
Plover Production Company, L.L.C.,
general partner of Vargas Energy, Ltd.
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Date
Attested by
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Temporary Waterline
GRANTOR: City of Fort Worth
usan lapis, Assistant City Manager
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APPROV ND BY:
Richard Zavala, Dir. Parks & Cmty Servs.
APPROVED AS TO FORM AND
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Page 3 of 4
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT §
W(V"NKZaCi O'g—
BEFORE ME, th4 undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Crawford Edwards, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Plover
Production Company L.L.C. as General Partner of Vargas Energy, Ltd. and that he /she executed the
same as the act of said Vargas Energy, Ltd. for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of January, 2012
�1oaYw CATHERINE L. NEVANS
* * Notary Public �� f
STATE OF TEXAS��
4��py My Comm. Exp.10/29/2012 Notary Public in and for the State of Texas
-------------------------------- - - - - -- §§§§§ ------------------------------------ - - - - --
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, 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 the State of Texas, for the purpose and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this y January, day of J , 2012.
r'Y
�1►Rr CATHERINE L. NEVANS
STATE OF TEXAS
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Notary Public Notary Public in and for the State of Texas
4��ph My Comm. Exp.10/29/2012
Temporary Waterline License- Fort Worth Nature Center and Refuge Page 4 of 4
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