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Home My WebLink AboutContract 39894 CITY SECRETARY CONTRACT NG _ STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § This Temporary Ingress and Egress/Construction Agreement (this "Agreement") is entered into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("GRANTOR") and Enterprise Texas Pipeline LLC ("GRANTEE"). For and in consideration of other 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: 1. Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to the GRANTEE a Temporary Ingress and Egress/Construction Easement (the "Easement") onto Mallard Cove Park described in the attached Exhibit "A", hereinafter referred to as the "Property". This grant and conveyance is made subject to all matters of record affecting the Property. 2. The term of this Easement shall be for thirty (30) days. (If for any reason you can not complete the work within the time allotted, an extension may be applied for 7 days prior to the established expiration date). 3. The Easement shall only be used for the purpose of ingress/egress for stringing gas pipeline through a portion of Mallard Cove Park (see attached exhibit). 4. Stringing Regulations • A preconstruction meeting is schedule 3 days prior to scheduled mobilization date. • The company shall provide to the Parks and Community Services Department (PACSD) inspector during a preconstruction meeting a copy of all appropriate permits necessary for accessing the adjacent City owned property to the west, to ensure compliance and approvals have been satisfied. • Prior to mobilization of equipment on property, all tree protection measures and temporary easement limits must be installed with orange mesh fencing. • Once the PACSD inspector approves tree protection measures then any equipment necessary for the project can be mobilized on site. .t . Ingress and Egress Easement • No work shall be done under wet conditions. • The equipment or vehicles shall leave the work area as indicated on the attached exhibit. • The surface of the park shall not be disturbed. Any and all ruts created by vehicular traffic shall be repaired immediately. • All pipes shall be welded above ground using horses or rollers or other approved method. • There shall be no cutting down of trees, clearing and/or grubbing of areas to allow for accessibility to vegetated areas of the park. • Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, City ordinances, rules and policies related to cons'truc'tion permits, construction bonds. • Company may not assign or transfer any rights or interest in the Agreement without the written consent of the City and any such attempted transfer without prior written consent shall be voided. 6. GRANTEE shall have restricted 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 be with vehicles, equipment and employees or contractors. The Easement shall include the right of Grantee and its employees, agents, representatives or contractors to access the aforementioned Property for the purposes stated herein. a. The Company shall have access to Premises on the following dates for the following purposes: (date) On Ground Pre-Construction (date) Start Date (date) Completion Date Ingress and Egress Easement Company agrees to pay the City , representing $0.20 per linear foot, for the purpose of stringing temporary pipelines across the premises. 7. GRANTEE shall diligently repair any damage to improvements on the property or surrounding property and shall restore the surface of the property and surrounding property from damage resulting from GRANTEE's use of the property. 8. The Easement is not assignable by the GRANTEE without the prior written consent of GRANTOR, which shall not be unreasonably withheld. 9. GRANTEE 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 GRANTEE's use thereof. 10. 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 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. 11. 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. 12. GRANTEE 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 GRANTEE's use thereof. 13. 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. 14. In this regard, GRANTEE covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the GRANTOR, 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 ]ngTess and Egress Easement connected with, the grant of the easement or operation and maintenance of the natural gas pipeline, whether or not caused, in part, bV the_negligence of officers, agents, or ens to ees 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. 15. The GRANTEE shall abide by all requirements outlined in the attached SEISMIC PERMIT. As the City of Forth Worth is the "Lessee," from the Department of Interior, "the Lesser," is hereby granting permission for-the seismic testing, as a part of the Corps of Engineers application process for the GRANTEE, to do the above prescribed work. If for any reason the Corps of Engineers does not qrant permission to do the work outlined in this agreement;this agreement becomes null and void. TO HAVE AND TO HOLD the above-described temporary easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE, and GRANTEE's successors and assigns for so long as -the right and easement herein granted; and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the Easement unto GRANTEE, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. GRANTEE: Enterprise Texas Pipeline LLC GRANTOR: City of Fort Worth r f� i r Marc Tausend, Agent and Attorney in Fact I harles W. Daniels, ssistant City Ma �� • For Enterprise Texas Pipeline LLC ' ' A //C0 X7 a� '. 040 JJL 0 0 o Date Date ° 0 00 0(jo Aftested byce, ' fit:.•.:_ i i` •. F,,.•f.. r '`n1 Marty + 1 't �t y Sect'et S NO C I(EI RED Ingress and Egress Easement ,, ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Marc Tausend, 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 Agent and Attorney in Fact, and that he executed the same as the act of said Enterprise Texas Pipeline LLC, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of � ° - C� � C zoo, r ! „rr Notary Public in and for the State of Texas ,��1i'S'ghr tc.:vr4.";E�1f'f`.""?'^'�• '.JL1/CY Y:"'Y.�}-+ �/��y)aw`�!+ R'C ,TI1...LT'IJiP IT ^`4KK :}_.ffi:aT7!a.. .1:.._'k'+w{,c::1' f•41Y_' '•+iP47Kiu".ex:i.'S',^9 ; Y►« RIO r. Ingress and Egress Easement ACKNOWLEDGEMENT STATE of TEXAS § 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. 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