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Home My WebLink AboutContract 42463 CITY SECRETARY CONTRACT NO TEMPORARY INGRESS AND EGRESS AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § This Temporary Ingress and Egress Agreement "A reement" � g ) is entered into between the City of Fart Worth, Texas, a municipal corporation of Tarrant County ty Texas and Texas Midstream Gas Services L.L.C., an Oklahoma limited liabili ty c ompany("COMPANY"). Far and in consideration of other goods and valuable consideration the • sufficiency of which �s hereby acknowledged, and in consideration of the covenants contained herein, CITY and COMPANY agree as follows: 1. Subject to the terms of this Agreement, CITY hereby ants the egress (the y g COMPANY a temporary ingress and a g e "Survey License") onto Z Boaz Golf Course described in the attached Exhibit "A", hereinafter referred to as the "Property". 2. The term of this Agreement shall be for thin u o A reeme y �3D� days Y p n the execution of this g nt. 3. The Agreement shall only be used for the purpose of performing p p g eng+neenng design and surveying for a proposed gas pipeline to be located a through portion Course. 9 P of Z Boaz Golf 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 in g 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 Department p the Parks and Community Services De p t (PACSD) for assessment. Restoration of disturbed area to the condition existing prior to the change or damage are to be inspected by the PACSD. 9 approved and 6. This Agreement is not assignable by the COMPANY without th CITY, which shall not be unreasonably withheld a prior written consent of . 7. COMPANY shall, at its own cost and expense comply with all p Y applicable laws, including but not limited to existing zoning ordinances, overnmen enacted or promulgated b a g r ulat+ons p g y any governmental authority nd sh l a ute and fulfill all orders and requirements imposed b such y , a ffjofl- for the CITY EC 4 TIC y Ridgmar Pad Lateral—Tract o1 g D4 $ �• F•- -a 5 y ibyt, 5 F v s- { kk --�iJ', r' d 'atiT.,..✓, , SY. ':. {: -F'e -'.` i_ 5"1 •F Mfr. � 1r- ".R. ,r,,is y 5 yq 5. ..9{ .a,� ¢.`u°I.A'r{.ar!„n .r,n' k isti."'G tl 'If�'N3y •,r S YT!'rgrp,fAJp{'.Y a'i 1 'i - ?r f{'ti -vi xi Y: � - .:4 1 :.4.♦♦ k' G,f. '!{' {/'r }!'.Y Fi..`_i'ik** r• '7.x + .. {'.. .Pr ! 'f'1 h` 9ia. ,,. } --S C.+ {w.f.. �,'y rf.It_, `t:tif lit 9rrF d ,y..1.7• .. � _ ...Fy . �5,xv]y _ Ytir':riYif+.0 •j x } r:71r{bi'=-:�a a« h. ti.:.x��L` .. __ '�3F.1_:'U��P�I+a-'S:+t..a,.a,t}.:.si�1. .:.S.is{d_-:.:+.f..!r.. .i. _.....,- 1 ..,..na::., - ... correction, prevention and abatement of nuisances in or upon or connected w' premises because of COMPANY'S use thereof. with said 8. The Company shall not enter the City grounds of the property within 48 hours of a rain event or if property is considered wet. Contact the PACS Superintendent after event for an assessment. p a storm 9. CITY shall not be liable to COMPANY for an or the } Y damage 9 ft of COMPANY S equipment, facilities or other contents, except, when caused b the willful to Y misconduct of CITY, its agents, servants or employees.yees. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties but that shall be solely or the benefit of p at this Agreement Y the parties thereto. 10. It is agreed that this grant covers all the agreements between the representation or statements parties and that no 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 b these r fully indemnify, harmless a Y presents does hereby Y and defend the CITY, its officers, agents and employees, from and against any and all claims, suits or causes of action Y of any nature whatsoever, whether real or asserted, brought for or on account of an injuries persons Or property, including de Y J Or damages to g ath, resulting from, or in any way connected with, the grant of the temporary ingress and egress on the property, whether or not Part, b the ne li ence of officers a y caused in ants or em to ees of the CITY provided however, that the Company shall have no liability or obligation to indemnify, act to an y, hold harmless Or defend with respect y injury or damage to persons or property resulting from the sole negligence or willful misconduct of officers, agents or em to ees of h p Y the CITY. The above-described temporary ingress and egress together gather 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 itself and its successor and assigns to this Agreement. When the context requires, singular nouns and pronouns include the lur p al. COMPANY: CITY: Texas Midstream Gas Services L.L.C. City of Fort Worth a ve�06 hns;` S Alanis IVran� er��ro Property Rights ' g p y 9 Assistant City Manager APPROVED AS TO FORM AND j L EGALITY �a.�d'f o oa ~ % 1 °tea � OA 0 Attorney by: a 00 `0 o ICY R el�a �U_ OF n Q,, � ¢ 9.09 -� X xl' JUKT ad`ix F79 U RED �' ty Secretary 3 )..; '.s:Y 1[. • - Nr fT- I N''F' a- ky I'1 I "', •..k y.,, s�Hy tir ut-i F- p -+..ti:a 7 '}.,-1s_.f'.a(� }�,; .A•r _E ,. S„ �� }YA.�.id'f s4r �.� 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 U R MY HAND AND SEAL OF OFFICE this 6P day of 7-5/)4 T, 1 12011. LILLIAN ANN BALC.INGER gyp �� Notary Public,State of Texas My Commission Expires W't%'' May 20, 2012 ota Public in and for the State 6f Texas 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 Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 0&h� 9 2011. UtMKHRIMM • MY COMMIS" 1 • .....•. UF%AlxwyA 2114 Notary Public in and for the State of Texas o,��rCjaL � RECORD Ridgmar Pad Lateral-Tract 019.00 C S SECRETARY C WORTH � v rx a x,l,ard is, H:- a+t' r EXHIBIT A Covington, Hays Survey; A-256; Tr 10E; Tarrant County, Fort Worth, TX Ridgmar Pad Lateral—Tract 019.90 F.' u , '.�_. .tba,8t s.w f' ..!'" '�s 4i�'��a �� x .'ry.�`�"�., '��,�„ F•,a -S^.lt _ K'k[.k