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HomeMy WebLinkAboutContract 42353 (2). \ c STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 4 ?6S3 § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRAN T § This Temporary Ingress and Egress/Con struction Easement Agreement (this "Ag r eement") is entered into between the Ci t y of Fort Worth, Texas, a municipal corporation of Tarrant County Texas ("GRANTOR") and Chesapeake Operating Inc., ("GRANTEE "). For and in consideration of other go ods and valuable consideration, the sufficiency of whic h is he reby acknowledged, anol in cons ideration of th e co venants contained here in , GRANTOR and GRANTEE agree as fo ll ows: 'I . Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to t he GRANTEE a Temporary Ingress and Egress/Construction Easement (the "E asement") onto Southridge Park (Park) described in the attached Exhibit "A", hereinafter referred to as the "P roperty ". This grant and conveyance is made subject to all matters of record affecting the Property . 2. The term of th is Easement shall be for thirty (30) days upon the execu t ion of this Agreement. 3 . T he Easement sha ll only be used for the purpose of installing three (3) tem porary 1 O" waterlines for the transportation of fresh water to a proposed gas drilling site to be located through a portion of Southridge Park (Park). 4. G RANTEE shall have free and uninhibited ac cess 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 vehi cles, equipment and employees or contractors. The Easement shall include the right of Grantee and its employees, agents, representatives or contractors to access t he aforementioned Property for the purposes stated herein . 5. GRANTEE s hall minimize disturbance to the surface or subsurface of the Property and surrounding property. Any disturbance done to t he park sha ll be reported to the Parks and Community Services Department (PACSD) for assessment. Restoration of disturbed area(s) shall be restored to the condition existing prior to the change or damage and the area shall be maintained and watered until such areas are inspected and accepted by the PACSD. 1 1Page 09 -30 -1 1 All:04 I ll 6. There shall be no equipment on park property within 48 hours of a rain event. The Granter should be contacted to ensure the grounds of park are suitable for performing work outlined within the agreement. 7. The Easement is not assignable by the GRANTEE without the prior written consent of GRANTOR, which shall not be unreasonably withheld. a. The Company shall have access to Premises on the following dates for the following purposes: __ (date) On Ground Pre-Construction (date to be determined by PACSD) __ (date) Start Date __ (date) Completion Date Company agrees to pay the City $ 1,000.00 , representing $0.20 per linear foot, per pipe for the purpose of stringing temporary pipelines across the premises. 8. 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. 9. 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 intent ion of the parties hereto to cre ate liability for the benefit of third parties but that this Agreement shall be solely for t he benefit of the parties thereto. 10. 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. 11 . 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 connected with, the grant of the easement or operation and maintena nce of the temporary facilities, whether or not caused, in part, by the negligence of officers, agents, or employees, of the GRANTOR; provided however, that the Grantee shall have no liability or obligation to 21 Page • ' 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. 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 h e rein granted; and GRANTOR does hereby bind itself and its successor and assigns to warrant and forever defend all and singu lar the Easement unto GRANTEE, its successor and ass igns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, sin gular nouns and pronouns include the plural. GRANTEE: Dave n Alanis, Assistant City Manager o,(3 0/11 8 -2'!>-1) Date Date FORM AND LEGALITY NO M&C REQUIRED ant City Attorney 31 Page OFFICIAL RECORD CITY SECRETARY f-. WORTH, TX .., . 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 persona lly appeared Dave Leopold, known to me to be the same person whose name is subscri bed to the forego i ng instrument, and acknowledged to me that the same was the act of Operations Manager of the Barnett Shale, and that he/she executed t he same as the act of said Chesapeake Operating, Inc. for the purposes and considerai:ion therein expressed and in the capacity therein stated. 4 1P age KANDICE KATHLEEN WRIGlfT MY COMMISSION EXPIRES November30, 2012 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX i • .- ACKNOWLEDGEMENT 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 o fficer 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 Tarrani: County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE !hisc3t1 ~y of ~, 20 I(. Sj Pag e Notary Puhl c in and for the State of Texas EVONIA DANIELS ·-, MY COMMISSION EXPIRES July 10, 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Temporary Workspace for Texas Midstream Gas Services per plans and specs