HomeMy WebLinkAboutContract 41495 CITY SECRETARY .
CONTRACT NO.
TEMPORARY WATER LINE
PERMIT AGREEMENT
This permit agreement ("Permit") is hereby made and entered into by and
between the City of Fort Worth (hereinafter referred to as "City"), a home-rule municipal
corporation organized under the laws of the State of Texas and Quicksilver Resources
Inc. (hereinafter referred to as "Company"), a Delaware Corporation.
The following statements are true and correct and constitute the basis upon which
the City of Fort Worth has executed the agreement:
A. Quicksilver Resources Inc., ("Company") a Delaware Corporation, wishes
to install one (1) temporary eight (8) inch water line on the surface of
property described in Exhibit "A", hereinafter referred to as "Premises".
B. The City has reviewed Company's request and agrees to grant Company a
permit ("Permit") to use a portion of the Premises as described in Exhibit
"A" in order to install a temporary water line on the terms and conditions
set forth herein.
Agreement
1. Subject to the terms and conditions set forth in this Permit and the City
Charter and ordinances, the City hereby grants Company a permit to install
one (1) eight (8) inch temporary water line across City property as depicted on
Exhibit "A". Company hereby acknowledges and agrees that this Permit
allows only for the installation of a temporary water line and is not to be
construed for any other activity or use.
2. This Permit and all rights granted herein to Company are strictly
nonexclusive. The City reserves the right to go on or across and permit others
to go on or across, the Premises for any purpose whatsoever and to conduct
any operations or activities that the City may desire.
3. Company shall have access to the Premises from January 25, 2011 through
May 25, 2011 upon which time this Permit shall automatically terminate.
Prior to the time Company is entitled to any right of access to or use of the
Premises for the installation of the temporary water line, Company shall
deliver two (2) signed copies of this Permit to the attention of Gas Lease
Program Land Agent, Planning and Development Department, Fort Worth,
Texas 76102-6302.
4. Company agrees to conduct its operations in accordance with good standard
practices and shall comply with all Federal, State, and local laws, rules and
regulations, as well as with all Federal Aviation Administration ("FAA")
=Hajf;t� R .
ksihcr Pennit Agreement Page I of-6
5. Company agrees that at no time will the Property be used for storage of
equipment or materials other than the pipeline used for the permitted
temporary water line.
6. Company agrees to pay City for all damages suffered or incurred by it, either
directly or indirectly, as a result of any operations conducted for or by
Company, its agents, employees or representatives on the Premises, including
all damage or injury to standing or fallen timber, buildings, fences, equipment
and all other property, whether real or personal.
7. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOST TO COMPANY'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO,
ARISE OUT OF OR BE OCCASIONED BY (i) COMPANY'S BREACH
OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT
OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF COMPANY, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS
AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES AND IN THE EVENT OF JOINT
AND CONCURRENT NEGLIGENCE OF BOTH COMPANY AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS.
8. Company covenants and agrees that City shall no way or under any
circumstances be responsible for any property belonging to Company, its
members, employees, agents, contractors, subcontractors, invitees, licensees
or trespassers which may be stolen, destroyed, or in any way damaged, and
Company hereby indemnifies and holds harmless City from any and all such
claims. City does not guarantee police protection and will not be liable for
any loss or damage sustained by Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers on any of the
Premises.
Han-ict Creek Ranch TW L-Quicksilver Permit Agreement Page 2 of 6
9. Company agrees that City shall not be liable for any loss, injury or damage
whatsoever suffered or incurred by you or your agents, employees or
representatives while on the Premises
10. Company agrees that it is taking the Premises in their current "AS IS"
condition, with no representations or warranties of any nature whatsoever by
City.
11. Company agrees to install the temporary water lines using human foot traffic
only while working on the Premises.
12. Company shall not cause any disturbance to the surface of the Premises nor
shall it engage in any construction activity on the Premises.
13. SPECIAL PROVISIONS FOR USE OF CULVERTS AND DRAINAGE
WAYS:
a. Company must provide a pre-installation video of the property and
channeUcreekbed condition and a post-installation video of the
property and channeUcreekbed condition to the City of Fort Worth
Gas Lease Program staff to assure that no damage has been done to
the channel.
b. No pipeline may be installed within the channeUcreekbed.
c. Company must monitor the placement of the temporary water line
during the term of the permit. Should the pipeline fall in the
channeUcreekbed, Company shall immediately restore the pipeline to
the bank of the channeUcreekbed within the area described in Exhibit
A.
14. Within 30 days of completion of the term of this Permit for the temporary
water line operations, Company agrees to remove all equipment and return the
Premises as nearly as possible to the same condition as Premises were in upon
Company's entry. Company specifically agrees to remove all hazardous
conditions on the Premises created by Company's operations. If Company
fails to remove the equipment within the timeframe stated herein, City shall
remove and take possession of the equipment.
15. Company may not assign or otherwise transfer any of its rights or obligations
under this Permit.
Harriet Creek Ranch TW L-Quicksilver Permit Agreement Page 3 46
By executing this Permit, Company agrees to and accepts the terms, conditions and
provisions contained herein.
Quicksilviri,rces, Inc.
By:
Title: - �.lei Address: �(i?t� <-4.f- 5( 7G to�-
Phone: 6tr S74c
Date: DL o7 LyI
CITY OF FORT WORTH
By: �rww.� ATTEST:
Assistant City Manager
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City Secretar a boo 0 ao
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APPROVED AS TO FORM AND LEGALITY: 010 x P.
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By: �•�'� _ as rX. S '
Assistant City Attorney eJ ��Atlu���
Contract Authorization
Date: l/�5 I
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Han-ict Crcek Ranch TW'L-Quicksikei Permit Agreement Page 4 of'6
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Fernando Costa, Assistant City Manager of the City of Fort Worth, a home-rule municipal
corporation of the State of Texas, known to me to be the person whose name is subscribed to the
foregoing instrument and, that he has executed the same for the purposes and consideration
therein expressed.
GIVE UNDER MY HAND AND SEAL OF OFFICE this ff_day
of 2011.
[SEAL]
Notary Public in and for the
State of Texas ',OF ;;* MV CO
MMlSSlO CS
Job ip X13 pjR"S
My Commission Expires:
Print Name of Notary Public Here
THE STATE OF 6 GXj' S §
-W R A,& §
COUNTY OF §
R%M E, the undersigned, a Notary Public, on this day personally appeared
ehalf of Quicksilver Resources Inc., a Delaware Corporation, known to me
to be the person whose name is subscribed to the foregoing instrument and, that (s)he has
executed the same for the purposes and consideration therein expressed.
GIVEN U A A EAL OF OFFICE this day 2011.
tary Public in and for the
State of
My C emission Expires: oy
Print Name of Notary GONNA M GR"$
My Commission Expires
March 16, 2011
Hanict Creek Ranch Tw'L-Quicksilver Permit Agreement Page 5 ot'6
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWoRTH
COUNCIL ACTION: Approved on 1/25/2011
DATE: 1/25/2011 REFERENCE NO.: **L-15125 LOG NAME: 062050 1900 HARRIET
CREEK DR
CODE: L TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Execution of a Long Term Above-Ground Temporary Water Line Permit
Agreement with Quicksilver Resources Inc., in the Amount of$5,000.00 for One Eight-Inch
Pipe Across City-Owned Property Located at 1900 Harriet Creek Drive for a Period of Five
Months (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a long term above-ground temporary
water line permit agreement with Quicksilver Resources Inc., in the amount of$5,000.00 for one
eight-inch pipe across city-owned property located at 1900 Harriet Creek Drive for a period of five
months.
DISCUSSION:
The City has been approached by representatives of Quicksilver Resources Inc., requesting a Long
Term Above-ground Temporary Water Line Permit Agreement across a portion of city-owned
property known as Block 17, Lot 67 of Harriet Creek Ranch Addition for the installation of an above-
ground temporary water line to serve the West Speedway Wells. The temporary water line will be
located on the north end of the property. The proposed alignment will allow for a total of 1,603.5
linear feet of 8-inch diameter Polyvinyl Chloride (PVC) pipe within a ten foot wide strip of land across
the property (0.184 acres more or less)for a term of five months.
Quicksilver Resources Inc. has agreed to pay the City $1,000.00 per month for the use of the
property for a term of five months at a total cost of$5,000.00. Quicksilver Resources Inc., previously
remitted $1,000.00 to the City for an initial 30-day temporary water line permit leaving a balance due
of$4,000.00.
Quicksilver Resources Inc., will be responsible for repairing and restoring any damage to the strip of
land or surrounding property resulting from the installation and removal of the waterline.
The Property is located in COUNCIL DISTRICT 2, MAPSCO 642K
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 446310 006060001000 $2,000.00
T127 446310 006127099901 $2,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14642&councildate=1/2 5/2 011 2/11/2011
M&C Review Page 2 of 2
Randle Harwood (6101)
Additional Information Contact: D.J. Harrell (8032)Jean Petr(8367)
ATTACHMENTS
1900 Harriet Creek Dr.ipa
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 4642&councildate=1/25/2011 2/11/2011