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Home My WebLink AboutContract 39817-A1 CITY SECRETARY, AMENDMENT CONTRACT NO. s°W-N TO CITY SECRETARY CONTRACT NO. 39817 PIPELINE LICENSE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 39817, NATURAL GAS PIPELINE LICENSE AGREEMENT is entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the "City"), and TEXAS MIDSTREAM GAS SERVICES, L.L.C., an Oklahoma limited liability company (hereinafter referred to as "Company"). RECITALS WHEREAS, the City of Fort Worth ("City") and Texas Midstream Gas Services, L.L.C. ("Company")made and entered into City Secretary Contract ("CSC")No. 39817 authorized by City Council by M&C L-14732 on April 7, 2009 to allow the installation and construction of a natural gas pipeline in Hallmark Park; and This is the date that the Council approved the M&C to enter into the agreement and should not be changed, it is not meant to reflect the final execution date of the agreement itself. WHEREAS, CSC No. 39817, Section 6 "Construction Schedule", required the Company to complete construction within one (1) year of the execution of the Agreement and was anticipated to be completed within ninety(90) calendar days of commencement of the work; and WHEREAS, due to unforeseen circumstances Company cannot not begin construction within the prescribed date and requests an extension of the construction schedule from the City wherein Company would commence construction sixty days from the approval by the City Council of this amendment agreement and complete within one hundred fifty (150) days from the execution of this amendment agreement; and WHEREAS, City staff and Company desire to amend CSC No. 39817 to provide for amendments to the following sections of the original agreement: fees and payments to the City and OFFICIAL RECORD _ 1 _ CITY SECRETARY FT WORTH, TX the construction schedule in order to facilitate the construction of the natural gas pipeline; NOW THEREFORE, City and Company, acting herein by and through their duly authorized representatives, enters into the following that amends CSC No. 39817: 1. Section 4, "Fees and Payments to City" is amended to revise section 4.1 "License Use Fee" to add subsection 4.1.2. to read as follows: 4.1. License Use Fee. 4.1.2. In addition to the License Fee, Company shall pay the City $ $1,000.00 as compensation for the extension of the construction schedule. 2. Section 6, "Use of the Park" is amended to revise the language in section 6.1 "Construction Schedule"to read as follows: 6.1. Construction Schedule Construction of the Pipeline shall commence no later than sixty (60) days from the approval of the execution of this amendment agreement by the City Council and all work must be completed within one hundred fifty (150) days from the execution of the amendment. Company shall meet with appropriate City staff, prior to construction for a pre-construction meeting to co-ordinate activities. All other requirements of CSC No. 39817 Section 6 shall be applicable. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the day of 52011. OFFICIAL RECORD -2- CITY SECRETARY i g FT.WORTH, TX C CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES, L.L.C: By- Susan`Alanis,Assistant City Manager ave o , Manager Property Rights Q7 Date: 9) I Date: APPROVED AS TO FORM AND LEGALITY: By: U� Assistant City Attorney M&C: L-(J ATTEST: oc"\ OVG C0 0�Y �„° o'� Marty Hendrix v c o City Secretary moo o�� 0 0 0 00 000000 nX i t'� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this day of &> -'01 , 2011, by Dave Johns, Manager Property Rights of Texas Midstream Gas Services, L.L. ., an Oklahoma limited liability company, on behalf of said company. �'"'" Notary Public, State of Texas PAMELA S MASSEY My Commission Expires / August 7,2014 My commission expires: �4,�rt My commission number: ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis, Assistant City Manager of the City of Fort Worth, 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 �J day of R-00)a-14.4 2011 HIRRUWl;ER Notary Public in and for the Stat of Texas ._.,<, + NY UN M.COMMISSION EXPIRES +.� ., �ebnlery2,2x14 OFFICIAL RECORD CITY SECRETARY -4- FT. WORTHS TX i.____— Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/15/2011 DATE: Tuesday, February 15, 2011 REFERENCE NO.: L-15146 LOG NAME: 80HALLMARKGASAMEND SUBJECT: Authorize Amendment to City Secretary Contract No. 39817, a License Agreement with Texas Midstream Gas Services, LLC, to Extend the Construction Schedule for an Additional Six Months (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize City Manager to execute an amendment to City Secretary Contract No. 39817, a license agreement with Texas Midstream Gas Services, LLC, to extend the construction schedule for an additional six months. DISCUSSION: On April 7, 2009, (M&C L-14732) City Council authorized the conversion of approximately .557 acres of parkland at Hallmark Park for the installation of a natural gas pipeline and the execution of City Secretary Contract (CSC) No. 39817, a license agreement with Texas Midstream Gas Services, LLC, (TMGS) in the amount of$54,607.50. On February 16, 2010, the license agreement was fully executed by both the City and TMGS. In accordance with section 6.1.2 of the license agreement, construction of the natural gas pipeline was to be completed within 365 days of the execution of the agreement. TMGS is requesting an amendment to the license agreement to extend the term of the construction schedule as described in the agreement. This extension would give TMGS an additional six months to complete the construction and installation of the proposed natural gas pipeline in Hallmark Park. This extension will not result in any additional disruption in the park. As a condition of the amendment of the license agreement, TMGS will be assessed a fee of$1,000.00 to cover administrative costs incurred to process the amendment. Should Council approve the amendment, the City will execute an amendment agreement to CSC No. 39817 with TMGS. Hallmark Park is located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Finance Management Services Director certifies the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C282 446300 801929990100 $1,000.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=14707&print=true&DocType=Print 2/21/2011 Page 2 of 2 CERTIFICATIONS: Submitted for City Manager's Office by Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. Accounting records M&C80HALLMARKGASAMEND.pdf (CFW Internal) 2. cg_2007 hallmark MC.pdf (Public) 3. HALLMARK PARK SURVEY_doc (Public) http://apps.cfwnet.org/ecouncil/pn'ntmc.asp?id=14707&print=true&DocType=Print 2/21/2011