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HomeMy WebLinkAboutContract 43838 cily Pion ,,i SIECR ETARY COWRACT N100 ullllll TEMPORARY ACCESS PERMIT AGREEMENT This Temporary Access Permit Agreement "P"ermit"' is hereby made and entered into by and between the City of Fort worth (hereinafter referred to as "City"), a hone-rule municipal corporation organized under the laws of the State of `texas and Texas Midstream. Gas Services, L.L. ., I hereinafter referred to as "Company"), an Oklahoma limited liability colmpany. 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 Volu me 3167 Page 568 of the ``arrant County real Property Records and as further depicted in Exhibit "A", hereinafter referred to as "P"remises" 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 terns 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 " .". Company hereby acknowledges and agrees that this Permit allege 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 l., 20l 2 (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 signed copies of this Permit to the attention of D.J. Harrell, Gas .pease P"ro rarn Nand Agent, :planning and Development Department,,, 1,000 hrockmorton, Fort`worth, Texas 76 10 -6302. 4. Company agrees to conduct its operations in accordance with good standard practices and shall comply with all Federal, St4zite,and local laws, rules and regulations. : .. Company agrees to pay City for all damages suffered or incurred by it, either directly or -1--buy &I ,indirectly, as a result of any operations conducted for ' , , ts, OFFICIAL,RECORD 1 Dui III` I �, °i; u , r, FT. WORTHI,TX " oumiwiuyiuiwwmwimuuiiwuiwumwimWWWUmv,... uu!ww avwuuuuuuww�ou m. iwow.' employees or representatives on the Premises, including all damage or injury to standing or fallen timber, buildings, fences, equipment and all ether property, whether real or personal. 6. COMPANY A GREES TO DEFEND, INDEMNIFY AND HOLD HA ES THE CITY,, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS', COSTS AND EXPENSES OF ANY KINA INCLUDING, BUT NOT LIMITED TO, THOSE FOR PR OPE R T DA MA GE OR L OSS(INCL UDING A LL EGEDDAMA GE OR L OS T TO COMPANY'S BUSINESS A" ANY RESULTING LOST PROFITS) AND"OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY(i) COMPANYW BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS PERMIT OR (Y) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCTOF COMPANY, ITS OFFICERS, A GENTS, ASSO 'IA TES, EMPLOYEES, CONTRACTORS OR S"CONTRACTORS, RELATED TO THE PERFORMANCE OF THIS PERMIT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT' APPLY TO ANY LIABILITY 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 COMPA RA T1 VEL Y IN A CCORDA NCE WI TH THE LA WS OF THE S TA TE 0 F TEXAS. 7. Cornpany covenants and agrees that City shall in no way or under any circurnstances, be responsible for any property belonging to Coi:npany, its members, ernployees, agents,,, contractors., subcontractors, invitees, licensees or trespassers, which may be stolen, destroyed, or in any way darnaged, and Company hereby indemnifies and holds, harmless City any and all such clairns. City does not guarantee police protection and will not be liable for any loss or darnacre sustained by Company, its rnernbers, employees, agents, contractors, subcontractors, i,nvitees, licensees, or trespassers on arty 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 oil the Pren,iises. 9. Company agrees, that it is taking the Premises in their current"AS IS" condition, with no representations or warranties of any natUl7e whatsoever by City. l. Company agrees, that the Prenilses, shall not be used for storage or for any other C� purpose except as outlined in this Per,mit. IL Company shall not CLIt or remove any trees oil the Premises, and no surfice use of the Preniises shall OCCUr except the Use as outlined ii'l,this Permit. 12. Company agrees that access for all vehicles and other equipment is fiai iced 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. 2 -- "° °-°°• .�Y»��mutw uwu»ummmimmwuwuwuwwium�WWUWW!w,odVmitliiMVNipplllIIIIIIVOIIIIVIVIfU!(VNIOIIOOOOIOIIU!!VIIIIII�W 13. Company agrees to provide the following to the attention of D. J. Hart-ell, Gas Lease Program f,and Agent, Planning and Development Department, 1000 Throck-morton Fort Worth, Texas 76102-6302; a. Two signed originals of the permit 12Lior to access and use of the Premises; b. '--Before Pictures" of the Pren-tises vdor to access and use of the Premises, C. "After Pictures" of the Premises Nvithin 30 dM, after conclusion of operations outlined herein. 1.4. 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 I-etUrn the Premises to a same condition that is as good as or better than the one in which the Premises existed immediatel I I y prior. to Cornpany's use. Company specifically agrees to rernove 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 zn Permit. By executing this Permit, Company agrees to and accepts the terms, conditions and provision t_1 contained herein. Texas Midstream Gas Services, City of Fort Wortli ,Address.- 301 Commerce St,, (rite 120Q 100 0 Th roc k i'Ti orton, Fo orb h, TX 761 2 Fort Worth,Texas 76102 Phone. 7- 2-4 7 o a ro Byw By Title: Ron a'anski, Property Rights Da te Octobeir 30, 2012 Date: ........ APPROVED AS T, FORM AND LEGALITY: A ST- fillo By: lGistant Ci t-torney J"j", City Secretar,y N, Date 0 .0 000 Ay (30 ICY ............. 3 OFFICIAL RECO CITY SECRETARY' F WORTH Tv TX !"'.v", mmw i"�"-J, 04"�;"" kl,��. "I'l al",% A,�-0","',0 u.W,2"—f� f" ............. .......... ri v A"E",CJ 4 i S,3 "Ch L M ;)W 4 ...........�'- ry', t Al",J, ...............�dlllpl' ',............. 1% ty) tJ uj 777 �lk CL ,ki; AM ;'a,mt," C)C) LU w (3 T LJI Al" ce IL cl 0 'r, 0 UT CL cr CO U, L�.J Li �5 0 0 0 (ion) Ill f Nor/ 'qf City off"Fort Worth, Texas r and Coun,c'il Com n n COUNCIL ACTION: Approved on 10/23/2012 ......... ........ DATE.- Tuesday, October 23, 2012 REFERENCE NO.. **L�-1 5448 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 M'idstream 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 desc,rip�tion'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 req�uested 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-,constructio,n 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 CodeF an initial 30-day temporary access permit was executed administratively and paid for by TMG�S 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 $4,10,00.00. Revenues received from this project will be, administered in accordance with the current Financial, Management Policy. TIVIGS will be responsible for repairing and restoring any damage to the strip of land or surrounding property resulting from the temporary construction access. Thee property is located in COUNCIL DIS,TRICT'8, Mapscol 78A. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is ble for the collection and deposilt of funds due the City., responsi Logname: 062050 SYCAMORF,HEIGHTS PERMIT 2 Page I of 2 ............