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Home My WebLink AboutContract 42461 CITY SECRETARY CONMACT No. t4 a LA LQ TEMPORARY INGRESS AND EGRESS AGREEMENT STATE of TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § This Temporary Ingress and Egress Agreement("Agreement") is entered ' •into between the City of Fort Worth, Texas, a municipal corporation of Tarrant County exas ("CITY")ty and Texas Midstream Gas Services L.L.C., an Oklahoma limited liability C tY com an p y ("COMPANY").). For and in consideration of other goods and valuable consideration the sufficiency ncy of which is 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 grants the COMPANY a temporary ingress and egress (the "Survey License") onto Trinity Park described in th Exhibit "A", hereinafter referred to as the "Property". a attached 2. The term of this Agreement shall be for thirty (3p) days upon the execution Agreement. Y p cution of this 3. The Agreement shall only be used for the purpose of performing engineering surveying fora proposed as i g g 9 design and p p g pipeline to be located through a portion of Trinity Park. 4. COMPANY shall have free and uninhibited access across through as de � g and over the Property for the purpose scribed in Section 3 above. CITY acknowledges and agrees that COMPANY's access shall be with vehicles, equipment and by employees or The Agreement shall include contractors as outlined on the attached exhibit. ude 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 the Parks Department PACSD and Community Services De p ( ) for assessment. Restoration of disturbed area to the condition existing prior to the change or damage are to be approved inspected by the PACSD. pp and 6. This Agreement is not assignable by the COMPANY without the rior written tten consent of CITY, which shall not be unreasonably withheld. 7. COMPANY shall, at its own cost and expense comply with all applicable zoning pp laws, including but not limited to existing g ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall rom tl execute requirements imposed p p Y and fulfill all orders and re q posed by such governmental entities for the cor and abatement of nuisances in or upon or connected with said pr 6FAff CQ PANY's use thereof. oR�3� XTQ Forest aQ p TX FT. WORTH MMM11 MORMON ¢-t T',k r`.'k e i8.�r 3y�{ a } I�,, hsti :2. v' r'• fir,°.�" •fcy 1:^` .` '' .�' •�, 'Ix- fi 't '7- 3::F' .' s ;;'• = ?Ly y .E: •F E. E.. '' �gl{![r'r�lj -;'F,,- -rF- ficr•„ '. 'r,i.,r ._y! ,Rl.y- '� ;F: .f • T11.y..,�'-. .3d�.[• `a`. ✓' y'a' `�' -' . ', .s;`,r t+7'{ri.i5..'F� ,.f Ii:1 Si .0 W. ,$ - 5 .'^ S. 31 y •rr S1'.�F- 'Y l `+ { f •'rT ? `1' ft i°I""�` .ry Spy&. .r. "'C.}' J:: '}__ - '•f.;TF,=aani _ft3 .li,Lf:,: jk, rt.'`k.;: 7;t'r:s•:..:c, u•.sa 2.,'y..::: - . u3r,r�s^,R,y' >L 1 4 Fig)1` 4 i41L-YPK^! qi 7 3 `[ • 8. The Company shall not enter the City grounds of the property property is considered wet. Con p p y within 48 hours of a rain event for an assessment. tact the PALS Superintendent after a storm 9. CITY shall not be liable to COMPANY for any dams ge or theft of C�IVIPANY'S equipment, facilities or other contents CITY its agents, servants , except, when caused by the willful misconduct or employees. It is understood that ` sconduct of the parties hereto to create liability it is not the intention shall parties solely for the benefit of third Parties t y for the benefit of the parties thereto. but that this Agreement 10. It is agreed that this rant representatiagreed g covers all the agreements betwe on or statements, Verbal or written en the parties and that no changing the terms of this A , have been made modif in a ' greement. y g� riding to, or I I. In this regard, COMPANY covenants and agrees to and b these fully indemnify, hold harmless y presents doe from and against and defend the CITY, its officers s hereby g nst any and all claims, suits or causes agents and employees, Whether real Or aSSerted, brow ses of action of any nature whatsoever brought for or on account of an never, persons Or property, including death r Y injuries or damages to grant of the temporary � resulting from, Or in any way on g p rY ingress and egress on the property, y netted with, the art b the ne li ence of officers a p perty, whether or not cause that the Com an eats or em Io ees of the CITY, din p y shall have no liability r obligation TY provided however, defend with respect to an in` y ligation to indemnify, hold ha y jury or damage to persons or r harmless or sole negligence or willful misconduct opertY resulting from duct Of officers, agents or employees g Om the p gees of the CITY. The above-described temporary ' a p ry ingress and egress together with appurtenances thereto in anyway belonging all and singular the rights granted; and CITY d y nging unto COMPANY, and for ghts and does hereby bind itself and its successor o long as the rights are herein cessor 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 Werth a Ve,,! h n ! Vey S san Tanis, ger� roperty Rights . Ass' ant City Manager 0 * y ger .� '� �000000 a 0° APPROVED a ED A FORM AND LEGALITY o o0 1 LiTY a � G a 0 or 00 0�. d C orney 000000000 � Attested by: �� `� ',� .� XT �. A FO��i'��,T,�s��L T act 003.00 ��.��. f _ • NO M&C REQUIRED -� � f .. .. ...�;_ Marty Hen*i illillillillilllllllliiiiiiiiillllllllllllllliiillllllllllllllIIIIIIIIIIIIIIIIllilljlllllllllllllllI x, 4Secretary 1: 11401; ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the thorn undersigned au • 9 y, on this day persanall person a y appeared Dave Johns, known to me to be the p and officer whose name is subscribed to the foregoing instrument, and acknowledged 9 to me that he executed the same as the act of Texas Midstream Gas Services, L.L.C., an Oklahoma limited liability company ar the y purposes and consideration therein expressed and • �n the capacity therein stated. GIVEN UNDER MY HAND AND SEAL EAL GF OFFICE this da 20 11. y of ,,+irrr CRETAN ANN BALLINGER Notary Public,ublic,State of Texas �,.� MY Commission Expires F° `•'� May 20,2012 No ry Public in and for the St e of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the authority,undersigned • 9 on this day personall and ppeared Susan Alanis, known to me to be the persona nd 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 tY • p anon of Tarrant County, Texas for consideration therein ex the purpose and pressed and in the capacity therein stated. GIVEN UNDER MY HAND AND 0 SEAL OF OFFICE this �� 2011, day of ,, r Y~r F*U"2,;014 h� 1 Y l Notary Public in and for the State of Texas FOFF'r( IAL RECORD SECRETARY ' est Pork to siej—Tract 003.M FT. WORTH { a R EXHIBIT A Lynch, Josiah M C Survey, Abstract 955, Tr 'IJ; Tarrant County, Fort Worth, TX XTO Forest Park to Aussie—Tract 003.00 ��.."+`';r• ��'X �. - � f;"r+f�•�_�y�T��"•��de. q y��'.r� � �?3i'd$�-��3r��'�°. -��:. '}� "� � �f. .A:r3?�.4 .i'213 u' S I.;dG�ivr.-st,.:;4�' re�'da�i`�f.iiS�� Y r� �..+. s" liid�4 �il.,:, �'•. ��.., `r:�.f'. 4}u `si,.