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Home My WebLink AboutContract 42462 CITY SECRETARY CONTRACT NO.-14 c�LA co a TEMPORARY INGRESS AND EGRESS AGREEMENT STATE of TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY of TARRANT § TS This Temporary Ingress and Egress Agreement ("Agreement") is entered into between the City Of Fort Worth, Texas, a municipal corporation p of Tarrant County Texas "CITY"}and Texas Midstream Gas Services L.L.C., an Oklahoma - - limited liability company("COMPANY"). For and in consideration of other goods and valuable - considerat�on, the sufficiency of which is hereby acknowledged, and in consideration of the covenants enants contained herein, CITY and COIUIPANY agree as follows: 1. Subject to the terms of this Agreement CITY hereby grants the COMPANY a tam Ora ingress and egress the "Survey License") on to Trail Drivers Park described in the �e attached Exhi bit "A", hereinafter referred to as the "Property". 2. The term of this Agreement shall be for thirty (30) days upon the execution of this 3. The Agreement shall only be used for the testing fora proposed purpose of performing soil and groundwater p p gas pipeline to be located through a portion of Trail Drivers Park. 4. COMPANY shall have free and uninhibited Property or the access across, through and over the Y purpose as described in Section 3 above. CITY agrees that COMPANY'S access shall be with cknowledges and th vehicles, equipment and by emplo ees or contractors as outlined on the attached exhibit. The Y COMPANY and its ern Agreement shall include the right of employees agents, representatives or contractors aforementioned Property for the purposes state to access the d herein. 5. COMPANY shall minimize disturbance to the surface or subsurface of the Pro pert and surrounding property. Any disturbance to the ark shall Y Community Services Department p all be reported to the Parks and p rtment (PACSD} for assessment. Restoration of area to the condition existing prior to the change disturbed inspected by the PACSD. 9 or damage are to be approved and 6. This Agreement is not assignable b the COMPANY CITY, which shall y without the prior written consent of all not be unreasonably withheld. 7. COMPANY shall, at its own cost and ex en but not limited to exi � P se comply with all applicable laws, includin sting zoning ordinances, governmental rules s enacted or promulgated b an and regulations y y governmental authority and shall prompt! execute a d requirements imposed b such Y and flLn i n and abatement governmental entities for the ement of nuisances in or upon or connected with said Jelcau f COMPANY's use thereof. FTARY Sala r TRpJJV7. Q 17- 1 1 � ,F 4. r I L =1 d i a .i'{]T 5 '-rr•,. § �y �'VAi��6`L�� Y4L'• v, ':,x.. .'}•. i� i. i}•'r yi�. •h ar•SH „. `�jfT.'[ir "�'s � .?s ,{• ��j�: w ! .,.W'.,v ri -..,71`+I�r�ri i,{�i'�.`J Ft.rJ'i�."'.'r�T�l?�YI'�`•� correction, prevention and abateme Premises because of nt of nuisances in or upon or c COMPANY's uSe thereof. connected with said 8. The Company shah not en ro event or if ter the City grounds of the Property is considered wet. Cont P Perty within 48 hours of a rain event for an assessment. act the PALS Superintendent after a storm 9. CITY shall not be liable equipment to COMPANY for an dama P , facilities or other contents ex Y ge or theft of COMPANY'S CITY, its agents, servants except, when caused by the willful or employees. It is understood that � misconduct of the Parties hereto to create lia ' ' t it is not the i shall be solely bility for the benefit of third a intention of ely for the benefit of the parties parties but that this Agreement P thereto. 10. It is agreed that this rant covers all the agreements betty representation on or statements, verbal or written between the parties and that no changing the terms of this Agreement. , have been made modifying Y g, adding to, or 11- In this regard, COMPANY covenants and agrees to and b the fully indemnify, hold harmless Y se presents d from and against and defend the CITY, its officers does hereby g st any and all claims, suits or ca � agents and employees, whether real or asserted brought ses of action of any nature whatsoever ught for or on account of an ages to persons or property, including death y injuries or damages grant of the tem ora , resulting from, or in an way g to P ry ingress and egress on the Y y connected with, the I b the ne li ence of officers property, whether or not taus that the Com an a ents or em to ees of the Cl � caused in P y shall have no liability r ° TY provided however, defend with respect to an in' Y bligation to indemnify, hold h sole negligence Y 1urY or damage to persons or Property armless or g or willful misconduct of officers p pertY resulting from the agents or employees of the CITY. The above-described temporary appurtenances P ry ingress and egress togetherwi thereto in anyway belonging u th all and singular the ri hts a nd granted; and CITY does here unto COMPANY, and for so long by bind itself and its successo gas the rights are herein r and assigns to this Agreement. When the context requires singular nouns and pronouns include the plural. COMPANY; CITY: Texas Midstream Gas Services L.L.C. City of Fort Worth ave ohns alter- operty Rights us Aianis, A ant City Manager i4,v�a 6 a oQ o-a � ' 0 APPRovED AST F RV AND LEGALITY A off a 1 DOFF�CIq L t Gi A orney AttesW o a be VOC)OO ICY te '7T 91 QQ 7.Qo X A WORTH r _. &C REQUIRED MaMY Hance Secreta tary s' �d, 3- - F A W r 'iE Y_ q'- V E t'..X•4 - l Jr `•.l.. 4n r x i�a :7�� r{�s.�" t��'''f-��h' ��E..ii;. d 6ri�i Y.xJ '�_ �� g c i ,i•��[{ }iiS r t k ;,r= s�•s' -';,::=v 2 ,:] •t ``"'''' figg.,, a e ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared eared pp 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 ' p Y p poses and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day f 2011. Y .`tFprr��'• LILLIAN ANN BALLINGER : s Notary Public,State of Texas My Commission Expires I FL�� y'•'�of 0o May 20, 2012 c::L IjI Notary Public in and for the S e of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally tY y p sonally 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 tY purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � ' _ day of 2011. ut"IL • l� � fl+l I�y Notary Public in and for the State of Texas OFFICIAL RECORD Salazar Pad Lateral—Tract 007.00 CITY SECRETARY i � ! FT. WORTH} TX I 01, Pr' M EXHIBIT A Ben T. Crowley Survey, A-- 307, Tr 17 and 26, Fort Worth Tarrant County, Texas Salazar Pad Lateral—Tract 007.00 MEMORM"