HomeMy WebLinkAboutContract 41463 CITY SECRETARY
CONTRACT N0._L414
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 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 consideration, the
sufficiency 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 and to all matters subject to record, CITY hereby
grants the COMPANY a temporary ingress and egress (the "Survey License") onto
Harmon Park described in the attached Exhibit "A", hereinafter referred to as the
"Property".
2. The term of this Agreement shall be for thirty (30) days upon the execution of this
Agreement.
3. The Agreement shall only be used for the purpose of surveying through a portion of
Harmon Park.
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 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 the Parks and
Community Services Department (PACSD) for assessment. Restoration of disturbed
area to the condition existing prior to the change or damage are to be approved and
inspected by the PACSD.
6. This Agreement is not assignable by the COMPANY without the prior written consent of
CITY, which shall not be unreasonably withheld.
7. COMPANY 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 upo °rn--con id
premises because of COMPA 'Y's use hereof. OFFICIAL RECORD
CITY SECRETARY
Harmon; Park—MEnP FT. WORTH, TX
8. The Company shall not enter the City grounds of the property within 48hrs of a rain
event or if property is considered wet. Contact the PACS Superintendent after a storm
event for an assessment.
9. CITY shall not be liable to COMPANY for any damage or theft of COMPANY'S
equipment, facilities or other contents, except, when caused by the willful misconduct of
CITY, its agents, servants or employees. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties but that this Agreement
shall be solely for the 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, COMPANY covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the CITY, 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 temporary ingress and egress on the
property, whether or not caused, in part, by the negligence of officers, agents, or
employees, of the CITY; provided however, that the Company shall have no
liability or obligation to indemnify, hold harmless or defend with respect to any
injury or damage to persons or property resulting from the sole negligence or
willful misconduct of officers, agents or employees of the CITY.
The above-described temporary ingress and egress together 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 bind itself and its successor 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
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ave ohns u n Alanis,
Ma ager- roperty Rights Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
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Assistant City Attorney
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Attested by: �► o ��0 t
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Marty Hendrix, Ci ecretary 0 0 0
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Harmon Park- MEAP �a'� � c FT WORTH, TX
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 UNDER MY HAND AND SEAL OF OFFICE this day of
2011.
Notary Public in and for the State of Texas
INLILLIAN ANN BALLINGER Notary Public,State of Texas Ivly Commission' pires STATE OF TEXAS § '°R�`;` May 20, 20t2
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
P b CL" , 2011.
=s LINDA M.HIRRLINGER j
:`t MY COMMISSION EXPIRES
February 2.2014
Notary Public in and for t
OFFICIAL RECORD
CITY SECRETARY
Harmon Park—MEAD FT. WORTH, TX