HomeMy WebLinkAboutContract 41905 r
CITY SECRETARY
CONTRACT NO. U J
NATURAL GAS PIPELINE LICENSE AGREEMENT
This PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and
entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Fernando
Costa its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C., ("Company"), an Oklahoma limited liability company, acting by and
through Dave Johns, Manager—Property Rights.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement:
A. City and Company previously executed an Underground Pipeline Easement
Agreement (the "Easement") attached hereto as Exhibit `B", filed on December 21, 2007,
Instrument No.: D207453206, in the real property records of Tarrant County. Company and City
desire to release the Easement for a linear footage of 602.35 feet and replace the Company rights
with this Agreement . Upon execution and recording of this Agreement in the real property
records of Tarrant County, Company will release the Easement.
B. Company, wishes to construct a twenty inch (20") nominal diameter pipeline for
an approximate total distance of 923.26 linear feet within a twenty (20') foot wide right of way
corridor for the transportation of Natural Gas through the portion of property described in
Exhibit "A", hereinafter referred to as "City Property". Because Company is not a public
utility, as that term is used in the City Charter and City Code, and because Company will not be
providing services to end user customers in the City, Company is not required to obtain a
franchise from the City, but is required to obtain the City's consent pursuant to a license
agreement that sets forth the terms and conditions under which Company may use the City
Property.
C. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the surface and subsurface of the City Property as described in Section 6.4 and
as further set out in Exhibit "A" in order to construct, operate and maintain a pipeline, on the
terms and conditions set forth herein, solely for the transportation of Natural Gas and solely in
accordance with the terms and conditions of this Agreement. For initial construction, a
temporary construction workspace as described in Exhibit "A" is also granted as part of this
agreement.
OFFICIAL RECORD
Agreement CITY SECRETARY
1. DEFINITIONS. FT. WORTH, TX
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
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Y e
Affiliate shall mean any individual, partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or controls, or is
owned or controlled by, or is under common ownership or control with, the entity in
question.
Agreement shall mean the authorization issued to Company hereunder to use a portion of
the City Property in the location as set out in Exhibit "A" for (i) the construction,
installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline
for the transportation of Natural Gas; and (iii) any other directly related uses of the City
Property, pursuant to and in accordance with this Agreement.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
City Facility shall mean all incidental underground and aboveground attachments,
equipment and appurtenances, including, but not limited to manholes, manhole vents,
lateral line connections, valves,pipelines,junction boxes, fire hydrants, meter vaults, lift
stations in,upon, under and across a portion of the City Property.
City Property shall mean that property as limited to and described in Exhibit"A".
Commission shall mean the Railroad Commission of the State of Texas or other
authority succeeding to the regulatory powers of the Commission.
Company shall mean Texas Midstream Gas Services, an Oklahoma Limited Liability
Company, only and shall not include any Affiliate or third party.
Customer shall mean any Person located, in whole or in part,within the City.
Director shall mean the Director of the City's Planning and Development Department or
authorized representative.
Gas shall mean gaseous fuels, such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain twenty (20) inch nominal diameter steel pipeline for an
approximate total distance of 923.06 total linear feet and other facility locations as
approved by the Director that are installed by Company in the City Property in
accordance with this Agreement and pursuant to the rules and regulations as promulgated
by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the
Code of Federal Regulations, Section 192 as adopted and modified by the Texas Railroad
Commission.
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2. GRANT OF RIGHTS.
2.1. General Use of The City Pronerty for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline consisting in, over, under, along and across the City
Property at a depth of no less than 36" and (ii) transport Gas through the portions of its
Pipeline in, over, under, along and across City Property as depicted in Exhibit "A".
Company hereby acknowledges and agrees that this Agreement allows only the
transportation of Gas through the City and does not allow Company to distribute, sell or
otherwise provide Gas to any Customer.
2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the City Property to other Persons and entities in
accordance with applicable law and as the City deems appropriate; provided, however,
that as to the grant of subsequent licenses for use of the City Property that is solely within
the discretion of the City, if a dispute arises as to priority of the use of the City Property,
the City will resolve such dispute in a manner that does not result in unreasonable
interference with Company's operation of the Pipeline for the purposes provided for
herein. This Agreement does not establish any priority for the use of the City Property by
Company or by any present or future licensees or other permit holders. In the event of
any dispute as to the priority of use of the City Property, the first priority shall be to the
public generally, the second priority to the City in the performance of its various
functions, and thereafter, as between licensees and other permit holders, as determined by
the City in the exercise of its powers, including the police power and other powers
reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Natural Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the City Property, that
requires a cut, opening or other excavation, Company shall deliver to the City bonds
executed by a corporate surety authorized to do business in the State of Texas and
acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed in the City Property.
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The bonds shall guarantee (i) satisfactory compliance by Company with all requirements,
terms and conditions of this Agreement and (ii) full payments to all persons, firms,
corporations or other entities with whom Company has a direct relationship for the
performance of such construction, maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the City Property. The bonds shall guarantee (i) the faithful performance and completion
of all construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it("Effective Date") and shall expire at 11:59 P.M. CST December 31, 2027.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the additional City Property for the Term of this Agreement the sum of
Nineteen Thousand One Hundred Sixty Three Dollars ($19,163.00) ("License Fee").
Company hereby acknowledges and agrees that the amount of this License Fee is non-
refundable and constitutes just and reasonable compensation to the City for Company's
use of the City Property.
This license fee includes temporary use of the City Property as set forth in Exhibit
"A" for the purpose of temporary access for the term of 120 consecutive calendar days
during the initial construction period, Company acknowledges that temporary access is
granted only for a term of 120 consecutive calendar days, said time to begin at the time of
the preconstruction meeting prescribed herein and will terminate at the end of 120
consecutive calendar days or upon the completion of the pipeline construction or on
11:59 P.M. CST one (1)year from the Effective Date of this agreement whichever comes
first at which time the above described temporary right of entry becomes void unless
terminated earlier as provided herein.
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be
due the City for property taxes, license fees, permit fees, or other taxes, charges or fees
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that the City may from time to time impose on all other similarly situated entities within
the City.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%) per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation
by the City as may be reasonably necessary for the protection or benefit of the general
public. In this connection, Company shall be subject to, governed by and shall comply
with all applicable federal, state and local laws, including all ordinances, rules and
regulations of the City, as same may be adopted and amended from time to time.
6. USE OF THE CITY PROPERTY.
6.1. Compliance with Laws, Ordinances,Rules and Regulations.
The City has the right to control and regulate the use of the City Property, Public
Rights of Way, public places and other City-owned property and the spaces above and
beneath them. Company shall comply with all applicable laws, ordinances, rules and
regulations, including, but not limited to, City ordinances, rules and policies related to
construction permits, construction bonds, permissible hours of construction, operations
during peak traffic hours, barricading requirements and any other construction rules or
regulations that may be promulgated from time to time.
6.2. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
City Property by the City and the public. If the City reasonably determines that the
Pipeline does place an undue burden on any portion of the City Property, Company, at
Company's sole cost and expense and within a reasonable time period specified by the
City, shall modify the Pipeline or take other actions determined by the City to be in the
public interest to remove or alleviate the burden.
6.3. Notice
Prior to the undertaking of any kind of construction, installation, maintenance,
repairs or other work that requires the excavation, lane closure or other physical use of
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the City Property, Company shall, except for work required to address an emergency,
provide at least twenty-four (24) hours' advance written notice to the City and the owners
of property adjacent to the City Property that will be affected. In the case of emergencies
Company shall provide notice to the affected landowners within twenty-four (24) hours
after commencement of work. In addition, during any such work, Company shall provide
construction and maintenance signs and sufficient barricades at work sites to protect the
public.
6.4 Minimal Interference.
Company will take all reasonable planning to minimize harm to the City Property
and shall comply with conditions as set forth below:
6.4.1. Company shall coordinate and participate in a preconstruction meeting with
the City of Fort Worth Gas Leasing Section Program Manager, or Manager's designee, to
evaluate and address any issues or concerns at least seven calendar days prior to the start
of construction. Company shall provide video media of the Property to document the
condition of the Property prior to installation of the Pipeline at the time of the
preconstruction meeting. Within thirty (30) days of completion of the installation of the
Pipeline, Company shall provide video media of the Property documenting the condition
of the Property.
6.4.2. All construction activities will occur outside of any landfill cap area and
performed in such away that would be protective of the landfill area. Construction within
the City Property shall be performed in such a way that would prevent the migration of
any fugitive landfill emissions along the utility corridor constructed in the City Property.
If during the course of construction landfill material or contaminated material is
encountered Company shall notify the City of Fort Worth, Environmental manager or
Environmental Management Department no later than one (1) business day after
discovery. The Company will be held responsible for disposing all materials as required
Federal, State and Local regulation in an appropriately permitted landfill or waste
disposal system..
6.4.3 Company shall not have the right to place permanent above ground
facilities on City Property.
6.4.4. Company shall have the right to bore and open trench as shown in
Exhibit "A".
6.4.5. Appropriate erosion control measures must be implemented during
construction.
6.4.6. Company shall have right from time to time to cut undergrowth and other
obstruction on City Property. Company shall also have the ability to remove any trees in
the City Property tract with the written approval of the City.
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6.4.7. The use of traffic control devices shall be consistent with the standards
and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices.
Company shall utilize appropriate warning lights at all construction and maintenance
sites where one or more traffic lanes are closed or obstructed during nighttime conditions.
6.4.8. Temporary Access shall be limited to temporary right to use property as
described in Exhibit A for the purpose of ingress and egress to the pipeline license
agreement tract for the purpose of installing a natural gas pipeline. Access for all
vehicles and other equipment is limited to the defined roadway and may be used only for
transport of equipment and supplies for construction of the pipeline and no other purpose.
No use of the Property is permitted for storage or any other purpose outside of the
temporary work space.
6.4.9. Neither Company nor Company's contractors will utilize construction
equipment in excess of 100 feet in height on City Property.
6.4.10. Company shall install orange mesh fencing around temporary construction
work space during initial construction.
6.4.11. Company shall not block drive and will yield access to the City of Fort
Worth Police Department and its assigns.
6.4.12. Company understands that the operations by City staff on this property
are highly sensitive with regard to safety. Therefore, Company agrees to immediately
mitigate any potential safety hazards as deemed necessary by City staff.
6.4.13. Company shall backfill and compact soil in the license tract and all
affected areas to 95%. Company shall also re-seed the affected areas with Common
Bermuda or any other grass seed that it native to the area.
6.5. "As-Built" Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as-
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as-built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.6. Specifications of the Pipeline
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline pursuant to this Agreement, Chapter 15 of the City Code and all other state and
federal laws. The Pipeline shall not exceed the size and specifications stated herein and
further set out in Exhibit "A" and be placed at a depth of no less than 36 inches
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throughout the entire length of the City Property, however, if the Pipeline within City
Property will be crossing any existing City Facility, the Pipeline must cross the City
Facility at a not less than a 70 degree angle and be buried at a minimum of 60 inches
below the bottom of the lowest City Facility. Notwithstanding the foregoing statements,
should Company require varying from the above requirements, such variance shall
require City evaluation of the respective variance to depth or proposed angle of crossing
to determine the practicability of such request. Furthermore, if the Pipeline within the
City Property crosses a 16-inch or greater water or sanitary sewer facility, an emergency
response plan must be included. The emergency response plan shall be submitted to the
City of Fort Worth Water Department prior to the commencement of the installation of
the Pipeline and shall establish written procedures subject to the approval of the City of
Fort Worth Water Department to minimize any hazard resulting to any City Facility.
6.7. Marking of Pipeline.
The Pipeline shall be marked, in a manner that is acceptable to the Director and in
compliance with Federal Regulations, to show conspicuously Company's name and a
toll-free telephone number of Company that a Person may call for assistance.
6.8. Surface Excavation.
The City shall have the right to coordinate all excavation work in the City
Property in a manner that is consistent with and convenient for the implementation of the
City's program for property management in order to preserve the integrity of the City
Property.
6.9. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the City Property all or any portion of its Pipeline due to
street or other public excavation, construction, repair, grading, regrading or traffic
conditions; the installation of sewers, drains, water pipes or municipally-owned facilities
of any kind; the vacation, construction or relocation of streets or any other type of
structure or improvement of a public agency; any public work; or any other type of
improvement necessary, in the City's sole discretion, for the public health, safety or
welfare. If Company reasonably requires more than forty-five (45) days to comply with
the City's written request, it shall notify the director of the City's Planning and
Development Department in writing and the City will work in good faith with Company
to negotiate a workable time frame.
6.10. Restoration of the City Property, Public Rights-of-Way and Public/Private
Property.
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the City Property, Public Rights of Way, other
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City-owned property or other privately-owned property that are in any way disturbed or
damaged by the construction, operation, maintenance or removal of any of the Pipeline
to, at Company's option, as good or better a condition as such property was in
immediately prior to the disturbance or damage. Company shall diligently commence
such restoration within thirty (30) calendar days following the date that Company first
became aware of the disturbance or damage or, if the Pipeline is being removed, within
thirty (30) calendar days following such removal.
6.11. Emergency Procedures
6.11.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the officials specified herein, poses an immediate threat
to life, health or property and is caused by any natural or man-made disaster,
including, but not limited to, storms, floods, fires, accidents, explosion, water
main breaks and hazardous materials spills. In the event of a public emergency,
the City shall have the right to take whatever action is deemed appropriate by the
City Manager, Mayor, Police Chief or Fire Chief, or their authorized
representatives, including, but not limited to, action that may result in damage to
the Pipeline, and Company hereby (i) releases the City, its officers, agents,
servants, employees and subcontractors from liability or responsibility for any
Damages, as defined in this Agreement, that may occur to the Pipeline or that
Company may otherwise incur as a result of such a response, and (ii) agrees that
Company, at Company's sole cost and expense, shall be responsible for the repair,
relocation or reconstruction of all or any of its Pipeline that is affected by such
action of the City.
In responding to a public emergency, the City agrees to comply with all
local, state and federal laws, including any requirements to notify the Texas One
Call System, to the extent that they apply at the time and under the circumstances.
In addition, if the City takes any action that it believes will affect the Pipeline, the
City will notify Company as soon as practicable so that Company may advise and
work with the City with respect to such action.
6.11.2. The Company shall maintain written procedures to minimize the hazards
resulting from an emergency. These procedures shall at a minimum provide for
the prompt and effective response to emergencies, including, but not limited to,
leaks or releases that can impact public health safety or welfare; fire or explosions
at or in the vicinity of the Pipeline, natural disaster; effective means to notify and
communicate required and pertinent information to local fire, police and public
officials during an emergency; the availability of personnel, equipment, tools and
materials as necessary at the scene of an emergency; measures to be taken to
reduce public exposure to injury and probability of accidental death or
dismemberment; emergency shut down and pressure reduction of a Pipeline; the
safe restoration of service following an emergency or incident; and follow-up
incident investigation to determine the cause of the incident and require the
implementation of corrective measures.
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6.11.3. Upon the discovery of an emergency, the Company shall immediately
communicate to the City's 911 system and the Planning and Development
Department designee the following information:
a. A general description of the emergency;
b. The location of the emergency or incident;
C. The name and telephone number of the person reporting the
emergency;
d. Whether or not any hazardous material is involved and
identification of the hazardous material so involved; and
e. Any other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident
6.12. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the City Property under this Agreement shall
cease and Company shall immediately discontinue the transportation of Gas in or through
the City. Within six (6) months following such revocation, termination or expiration and
if the City requests, Company, at Company's sole cost and expense, shall remove the
Pipeline from the City Property (or cap the Pipeline, if consented to by the City), in
accordance with applicable laws and regulations. If Company has not removed all of the
Pipeline from the City Property, (or capped the Pipeline, if consented to by the City)
within six (6) months following revocation, termination or expiration of this Agreement,
the City may deem any portion of the Pipeline remaining in the City Property abandoned
and, at the City's sole option, (i) take possession of and title to such property or (ii) take
any and all legal action necessary to compel Company to remove such property;
provided, however, that Company may not abandon its facilities or discontinue its
services within the City without the approval of the Commission or successor agency or
any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 6.9 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping) of the Pipeline. If Company has not restored all such
property within this time, the City, at the City's sole option, may perform or have
performed any necessary restoration work, in which case Company shall immediately
reimburse the City for any and all costs incurred in performing or having performed such
restoration work.
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7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PREMISES UNDER THIS AGREEMENT
OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED SOLELY
BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
(`INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR
CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR
APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE
PIPELINE, (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR,
MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS
CONTRACTORS OR SUBCONTRACTORS; OR (I19 COMPANY'S FAILURE TO
COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE
OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF
THE CITY.
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7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY
HAS FULLY INSPECTED THE PREMISES, (ii) COMPANY IS SATISFIED WITH
THE CONDITION OF THE PREMISES,AND (iii) COMPANY HAS BEEN FULLY
ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY
REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY
UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS
OFFICERS,AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES,
ALL RISK OF DANGEROUS CONDITIONS, IF ANY ON OR ABOUT THE
PREMISES.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE
PREMISES COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCK
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY,AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY,ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CAUSED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverages as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the City Property and the construction, installation,
operation, maintenance or condition of the Pipeline, including the transportation of Gas
through the Pipeline. The insurance required hereunder may be met by a combination of
self-insurance, primary and excess policies.
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8.1. Primary Liability Insurance Coverage.
• Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damage Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident, including, but not limited to, all owned, leased,hired or
non-owned motor vehicles used in conjunction with the rights granted under this
Agreement
• Worker's Compensation:
As required by law; and,Employer's Liability as follows:
$1,000,000 per accident.
8.2. Revisions to Required Coverage.
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but
not limited to, cancellation, termination, non-renewal or amendment, shall be made without
thirty(30) days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
Natural Gas Pipeline l,iccnse Agreement-Mercado to Arc Park Page 13 of21
TX-TARR-MEAP-005.03,008.02
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence, or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or effected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of
the following events shall constitute an "Event of Default' under this Agreement:
9.1. Failure to Pay License Fee
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
9.3. Bankruptcy,Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state or local laws or any existing or future ordinances, rules and regulations of the City.
Natural Gas Pipeline License Agreement-Mercado to Arc Park Page 14 of 21
TX-TARR-MEAD-005.03,008.02
9.5 Failure to Complete Construction
An Event of Default shall occur if Company fails to complete construction of the
Pipeline within one(1)calendar year from the execution of this Agreement.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company's failure to pay the License
Fee in accordance with Section 9.1 or failure to complete construction of the Pipeline in
accordance with Section 9.5, such Event of Default shall be deemed an Uncured Default
and the City shall have the right to terminate this Agreement immediately upon provision
of written notice to Company. If an Event of Default occurs for a reason other than for
failure to pay the License Fee, the City shall provide Company with written notice and
shall give Company the opportunity to cure such Event of Default. For an Event of
Default which can be cured by the immediate payment of money to the City, Company
shall have thirty (30) days from the date it receives written notice from the City to cure
the Event of Default. For any other Event of Default, Company shall have sixty (60)
days from the date it receives written notice from the City to cure the Event of Default. If
any Event of Default is not cured within the time period specified herein, such Event of
Default shall, without further notice from the City, become an "Uncured Default" and
the City immediately may exercise the remedies provided in Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement, and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the City Property as and
when requested by the City. The City's right to terminate this Agreement under
this Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
Natural Gas Pipeline license Agreement-Mercado to Arc Park Page 15 of 21
TX-"I ARR-MF.AP-005.03.008.02
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Legal Action Against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION
11.1. Filings with the Commission.
Company shall provide upon request copies to the City of all documents which
Company files with or sends to the Commission concerning or related to its
transportation of Gas through or other operations in the City, including, but not limited
to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under
consideration or approved by the Commission; and (iii) applications and any supporting
pre-filed testimony and exhibits filed by Company or third parties on behalf of Company,
on the same date as such filings are made with the Commission. In addition, Company
shall provide the City upon request with copies of records, documents and other filings
that Company is required to maintain or supply to the Commission under any applicable
state or federal law, rule or regulation concerning or related to its transportation of Gas
through or other operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control
the details of its business and other operations necessary or appurtenant to the transportation
of Gas in accordance with the terms and conditions of this Agreement, and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees,
contractors and subcontractors. Company acknowledges that the doctrine of respondeat
superior shall not apply as between the City and Company, its officers, agents, employees,
contractors and subcontractors. Company further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between the City and Company.
Natural Gas Pipeline License Agreement-Mcrcado to Arc Park Pagc 16 of 21
TX-TARR-MEAP-005.03,008.02
,
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under
this Agreement unless specifically authorized in writing by the City, which authorization
shall not be unreasonably withheld; provided, however, that Company may make such an
assignment of its rights to an affiliated company without the consent of City, provided, that
upon such assignment, Company shall notify City within sixty (60) days of said
assignment. An `affiliated company' shall mean any parent, subsidiary or sister company or
other legal entity that controls, is controlled by, or is under common control with Company.
For purposes of this clause, `control' means direct or indirect ownership of fifty percent
(50%) or more of the voting rights of the subject entity. Notwithstanding such an
assignment to an affiliated company, Company shall remain liable to City for any failure to
perform hereunder by the affiliated assignee,and this provision shall thereafter be applicable
to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agents,
employees, servants or representatives, or (ii) received by the other party by United States
Mail,postage prepaid,return receipt requested, addressed as follows:
To THE CITY: To THE COMPANY:
City of Fort Worth Texas Midstream Gas Services L.L.C.
D. J. Harrell Dave Johns, Manager- Property Rights
Gas Lease Program, Land Agent 100 Energy Way
1000 Throckmorton Fort Worth, Texas 76102
Fort Worth, TX 76102
with a copy to: with a copy to:
City of Fort Worth Texas Midstream Gas Services L.L.C.
Department of Law CT Corporation System
Attn: Attorney for Real Property 350 North St. Paul Street, Suite 2900
1000 Throckmorton Dallas, Texas 75201
Fort Worth, TX 76102
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color,
national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of
benefits from Company's business operations, in any opportunities for employment with
Company or in the construction or installation of the Pipeline.
Natural Gas Pipeline License Agreement-Mercado to Arc Park Page 17 of 21
TX-TARR-MFAP-005.03.008.02
a
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of
this Agreement or to exercise any rights that the City may have, either under this Agreement
or the law, shall not constitute a waiver of the City's right to insist upon appropriate
performance or to assert any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of
the United States of America and the State of Texas. If any action, whether real or asserted,
at law or in equity, arise out of the terms of this Agreement, Company's transportation of
Natural Gas or Company's use of the City Property, venue for such action shall lie
exclusively in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement,
Company's Pipeline, Company's operations in the City, Company's transportation of
Natural Gas or Company's use of the City Property.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
final order entered by a court of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired. For
purposes of this Agreement, a court order shall be final only to the extent that all available
legal rights and remedies pertaining to such order, including, without limitation all available
appeals, have been exhausted. In such an event, the City and Company agree that they shall
amend or have amended this Agreement to comply with such final order entered by a court
of competent jurisdiction.
20. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations
required by this Agreement is prevented by a cause or event that is not within Company's
reasonable control, Company's non-performance shall be deemed excused for the period of
such inability. Causes or events that are not within the Company's control shall include, but
not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of
utilities, explosions and natural disasters.
Natural Gas Pipeline Liccnse Agreement- Mercado to Arc Park Page 18 of 21
"I X-TARR-MF,AP-005.03,008.02
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this
Agreement are for reference purposes only and shall not be deemed a part of this
Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Company as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with the terms and conditions of this Agreement. This Agreement shall not be
amended unless agreed to in writing by both parties and approved by the City Council of the
City.
EXECUTED as of the later date below:
CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES L.L.C.
By: By:
ave Jo s, ger-Property Rights
Assistant City Manager ana
Date: 6�,20�/ Date:
APPROVED AS TO FORM AND LEGALITY:
Atteste
d
by:
Assistant City Attorney
M&C: ��� I
2 ( Marty H �00 ► S ec>�t°000p'0�
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ko al a0
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OFFICIAL RECORD �I
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CITY SECRETARY �� ° °
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FT. WORTHS TX
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Natural Gas Pipeline License Agreement-Mercado to Arc Park Page 19 of-21
TX-TARR-MEAP-005.03,008.02
r
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(s)he
has executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 02/S day of 2011.
[SEAL
Notary Public in and for the
State of Texas
EVONIA DANIELS
(}/ . My Commission Expires: MY COMMISSION EXPIRES
1 y/ 4(S Print Name of Notary Public �r �'' duty 10,2013
c Here •••,o,�,.•
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Dave Johns, Manager— Property Rights, on behalf of Texas Midstream Gas Services L.L.C., an
Oklahoma limited liability company, 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 UNDER MY HAND AND SEAL OF OFFICE this day of M 2011
Notary Public in and for the
State of\eX0.S
My Commission Expires: UO.rt� 2.\ ,710�5
Print Name of Notary Public Here
JEANETTE MICHELLE Hlll e
Notary Public,State of Texas
My Commission Expires '
' ,„,p.•' February z>, Ex ir I7 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Natural Gas Pipeline License Agreement- Mercado to Arc Park Page 20 of 21
"1'X-TARR-MF.AP-005.03,008.02
[INSERT EXHIBIT "A"]
Natural Gas Pipeline License Agreement-Mercado to Arc Park Page 21 of 21
TX-"I ARR-MF,AP-005.03,008.02
EXHIBIT "B"
F.� I D '
UNDERGROUND PIPELIIA`EAMEI�T AGREEMENT
J7 +SC"I" 21
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This Underground Pipeline Easement Agreement (this Agreement") is entered into
between the City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas
("GRANTOR") and Texas Midstream Gas Services,L.L.C., (GRANTEE").
For and in consideration of GRANTEE constructing improvements on Grantor's property
and other good and valuable considerations in hand paid, the receipt of which and sufficiency of
which is hereby acknowledged, and in consideration of the covenants contained herein,
GRANTOR and GRANTEE agree as follows:
1. Subject to the terms of this Agreement, GRANTOR hereby grants and conveys to
GRANTEE an easement (the "Easement") over, under and across the property described
in Exhibit "A" attached hereto (the "Easement Tract"). This grant and conveyance is
made subject to all matters of record affecting the Easement Tract.
2. The term of this Easement shall be for twenty(20)years.
3. The Easement shall only be used for the purpose of constructing, maintaining, operating,
repairing, altering, replacing, and removing a twenty inch pipeline and appurtenant
facilities (the "Facility") for the transportation of natural gas across, under and upon the
Easement Tract
4. GRANTOR reserves and retains the right to grant other rights and easements across, over
or under the Easement Tract to such other persons as GRANTOR deems proper,provided
such other grants do not interfere with the use of the Easement by GRANTEE for the
purpose set forth herein.
5. GRANTEE shall have all of the rights and benefits necessary or convenient for the full
enjoyment or use of the right herein granted, including, but without limiting the same to
the free right of ingress to and egress over and across said lands to and from said right-of-
way and easement and the right from time to time to cut, undergrowth and other
obstructions on the Easement Tract, that may injure, endanger or interfere with the use of
said pipeline. Grantee shall also have the ability to remove any trees in the Easement
Tract and surrounding areas with the written approval of Grantor. The GRAN'T'EE shall
have the right to not be unreasonably withheld to assign this grant in whole or in part
with the written consent of GRANTOR.
TX-TARR-MEAP-005.03
EXHIBIT "B"
6. GRANTOR hereby expressly agrees that in the event the route of the pipeline to be
constructed hereunder should cross any roads, railroads, creeks, or other waterways
located on the above-described land or other places requiring extra work space, then
GRANTEE shall have the right and temporary access to additional working space which
may be necessary for construction and GRANTEE agrees to pay GRANTOR for any and
all damages which GRANTOR suffers by reason of GRANTEE'S use of said additional
work space.
7. This easement is granted upon the conditions that GRANTEE's Facility to be constructed
shall be maintained and operated by GRANTEE at no expense to GRANTOR and
GRANTOR shall not be responsible for any costs of construction, reconstruction,
operation, maintenance or removal of GRANTEE's Facility.
8. GRANTEE shall have the use for initial construction of a forty five foot wide (45')
temporary work space being parallel and contiguous to the southeast and east of the
permanent easement as shown in Exhibit "A" and containing 0.60 acres of land more or
less.
9. GRANTOR shall not be liable to GRANTEE for any damage to said easement or
GRANTEE's Facility or other contents thereof, except when caused by the willful
misconduct of GRANTOR, 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 hereto.
10. GRANTEE shall diligently repair any damage to improvements on the Easement Tract or
surrounding property and shall restore the surface of the Easement Tract and surrounding
property from damage resulting from GRANTEE's use of the Easement Tract.
11. GRANTEE shall, at its own cost and expense comply with all applicable laws, including
but not limited to exiting 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 authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises
because of GRANTEE's use thereof.
12. The GRANTEE agrees to bury all pipes at a minimum of 36 inches, however if the
pipeline is underneath a road or a water, sewer, or drainage pipe, the natural gas pipeline
shall be buried at a minimum of 60 inches.
13. 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.
14. The GRANTEE is the owner and operator of the natural gas pipeline that has been
installed within the easement, and as such is responsible for the proper operation and
maintenance of the pipeline. In this regard, GRANTEE covenants and agrees to, and by
TX-TARR-MEAP-005.03
EXHIBIT "B"
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 maintenance of the
natural gas pipeline, 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 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 unto GRANTEE, its successors and assigns, so long as the
right and easement herein granted, or any one of them shall be used by, or useful to, GRANTEE
for the purpose herein granted, with ingress to and egress from the premises for the purpose of
constructing, inspecting, repairing, maintaining, replacing and removing the property of
GRANTEE herein described; and the undersigned hereby bind themselves, their heirs, executors
and administrators (and successors and assigns) to warrant and forever defend all and singular
said premises unto the GRANTEE, its successors and assigns, against every person whomever
lawfully claiming or to claim the same or any part thereof.
Executed to be effective as of the date of the last signature of GRANTOR and
GRANTEE.
GRANTOR
City of Fort Worth
By: / v
arc A. Ott,Assistant City Manager
Accepted on the Terms and Conditions Contained Herein:
Texas Midstream Gas Services, LLC
By:
Mark . Edge, Vice Pr 'dent-Gas Sales ��,�
Approved as to Form and Legality
- 4 A"., '1��
Assistant City Attorney
TX-TARR-HEAP-005.03
EXHIBIT "B"
AFTER RECORDING, PLEASE SEND TO_
Jean Petr, Land Agent
900 Monroe, Suite 302
Fort Worth, TX 76102
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
is instrument was acknowledged before me on this' a
T D day of�',���� , 2007, by
Mare A-Gtt, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation,
on behalf of the City of Fort Worth, Texas.
_ HETi1E fElTotary
MY COMMISSI
July 28 Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF OKLAHOMA §
COUNTY OF OKLAHOMA §
This instrument was acknowledged before me on this 3RD day of OCTOBER, 2007, by
Mark C. Edge, Vice President-Gas Sales of Texas Midstream Gas Services, LLC, on behalf of
Texas Midstream Gas Services, LLC.
No ublic, State of Oklah a
�'0700i556 s@
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TX-TARR-MEAD-008.02
EXHIBIT "B"
EXHIBIT "A"
TARRANT _COUNTY. TEXAS
W.W. WHEAT SURVEY A-1647
' MEAP-005.01 / -'��)RE TARRANT COUNTY WATER CONTROL
1/2'C.I.R.F. MEAP-005.03 AND IMPROVEMENT DISTRICT NO. 1
"BRITTAIN AND CRAWFORD' THIRD TRACT VOL. 2287, PG. 553 RESIDUE OF CALLED 24.86 ACRES E. LITTLE
3-14/100 ACRES
SURVEY A-954
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TRACT NO. 2
CALLED 2.772
WIWAM C. BODEN
REGISTERED PROFESSIONAL LAND SURVEYOR
TOTAL LINEAR FEET. 602.35 N0. 1932
PERMANENT EASEMENT = 0.28 ACRES
TEMPORARY EASEMENT = 0.60 ACRES BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM NAD 83, NORTH CENTRAL ZONE,
TITLE INFORMATION PROVIDED BY: DERIVED FROM GPS OBSERVATIONS.
TEXAS MIDSTREAM GAS SERVICES, LLc. SHEET 1 OF 4
2 9 29 JC REVISED WIDTH OF EASEMENT ]TRB t e X 4 S MIDSTREAM
1 8 28 JC REVISED TRACT NUMBERS PROPOSED MERCADO- ARC PARK PIPELINE CROSSING THE PROPERTY OF
REV. DATE BY DESCRIPTION CITY OF FORT WORTH PROJECT N0. �2960 TARRANT COUNTY, S
MUSTANG ENGINEERING, L P DRAWN BY:JC I oaT- /08/07 DWG. NO. REV.
CHECKED BY:WCB I DATE 05/10/07 r�
MONROE, LOUISIANA SCALE 1"-200' APP.:WJC MEAP-008.02 2
EXHIBIT "B"
EXHIBIT "A"
TARRANT COUNTY, TEXAS
MEAP-005.03
CITY OF FORT WORTH
THIRD TRACT
RESIDUE OF 3-14/100 ACRES
S14'13'24"E
TARRANT COUNTY WATER CONTROL AND 22.47'
IMPROVEMENT DISTRICT NO. 1
VOL.2936.PG.34
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FIRST TRACT
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TARRANT COUNTY WATER CONTROL AND
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VOL 2936.PC.34
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N.T.S.
BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM NAD 83, NORTH CENTRAL ZONE_
DERIVED FROM GPS OBSERVATIONS.
SHEET 2 OF 4
-2-9/29 JC REVISED WIDTH OF EASEMENT TRB t ` X S MIDSTREAM
1
8/28 JC REVISED TRACT NUMBERS TRB. PROPOSED MERCADO TO ARC PARK PIPELINE CROSSING THE PROPERTY T
REV. DATE BY DESCRIPTION CHK.
CITY OF FORT WORTH
PROJECT NO. 12960 TARRANT COUNTY. T
foMUSTANG ENGINEERINC; L.R DRAWN Br:JC DATE 08/08/07 DWG. NO. 121
r CHECKED BY:WCB DATE 08/09/07
MONROF,LOWSIAM SCALE NTS APP.:WJC MEAP-008.02
i
EXHIBIT "B"
EXHIBIT"A"
Sheet 3 of 4
Texas Midstream Gas Services MEAP-005.03-Tract"A"
MEAP-005.03.01 Rev.2
Permanent Easement City of Fort Worth
Being a twenty(20)foot wide tract of land situated in the W.W.Wheat Survey,Abstract
No. 1647 and the W.H. Little Survey, Abstract 945, Tarrant County, Texas and being a
portion of the residue of a 20 acre tract described as First Tract and a portion of the
residue of a 3-14/100 acre tract described as Third Tract in a deed to the City of Fort
Worth as recorded in Volume 1210, Page 121 of the Deed Records of Tarrant County,
Texas. Said twenty(20)foot wide tract being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the northeasterly line of that certain 5.89 acre tract of land
described in deed to France Ellen Ginsburg as recorded in Volume 8558, Page 1063 of
the Deed Records of Tarrant County, Texas, being the southwest line of said residual
Third Tract,said point bears S 14°06'21"E,a distance of 112.48 feet from a 5/8 inch iron
rod found marking a northeasterly comer of said 5.89 acre tract;
THENCE severing, over and across said residual First Tract and said residual Third
Tract, N 48°39'55" E, a distance of 214.97 feet to a point in the northeast line of said
Third Tract, common with the southwest line of a 24.86 acre tract described in a deed to
Tarrant County Water Control and Improvement District No. 1 as recorded in Volume
2287, Page 553 of the Deed Records of Tarrant County,Texas;
THENCE with said common line, S 14°13'24"E, a distance of 22.47 feet to a point, said
point bears N 14°13'24"W,a distance of 89.05 feet from a point for the Southeast corner
of said Third Tract;
THENCE severing, over and across said residual Third tract and said residual First
Tract,S 48°39'55"W, a distance of 215.02 feet to a point in the northeasterly line of said
5.89 acre tract;
THENCE with said northeasterly line, N 14°06'21" W, a distance of 22.49 feet to the
POINT OF BEGINNING and containing 0.10 acres of land, more or less, as shown on
plat attached hereto as Exhibit"A", Sheet 1 of 4 and on plat attached hereto as Exhibit
"A"Sheet 2 of 4.
Temporary Work Space
Also, Grantee shall have the use for initial construction, a strip of land forty-five(45')feet
in width, being parallel, abutting and contiguous to the southeast line of the above
described permanent easement, and containing 0.22 acres, more or less as shown on
plat attached hereto as Detail"A"on Exhibit"A", Sheet 2 of 4
Texas Midstream Gas Services MEAP-008.02-Tract"B"Rev.2
Permanent Easement City of Fort Worth
Being a twenty(20)foot wide tract of land situated in the W.H. Little Survey,Abstract No.
945, Tarrant County, Texas and being a portion of the residue of a 20 acre tract
described as First Tract in a deed to the City of Fort Worth as recorded in Volume 1210,
Page 121 of the Deed Records of Tarrant County, Texas. Said twenty (20) foot wide
tract being more particularly described by metes and bounds as follows:
BEGINNING at a point in the south line of a 5.89 acre tract of land described in deed to
Frances Ellen Ginsburg as recorded in Volume 8558, Page 1063 of the Deed Records of
Tarrant County, Texas, and being a north line of said residual First Tract, said point
bears N 88°44'08" E, a distance of 103.14 feet from a 1/2 inch iron rod capped "Brittain
and Crawford"found marking the southwest corner of said 5.89 acre tract,
THENCE with the south line of said 5.89 acre tract, N 88°44'08" E, a distance of 20.02
feet to a point;
EXHIBIT "B"
EXHIBIT"A"
Sheet 4 of 4
Texas Midstream Gas Services MEAP-008.02-Tract "B" Rev. 2
Permanent Easement City of Fort Worth
THENCE severing, over and across said residual First tract, S 04°02'44"E,a distance of
380.61 .feet to a point in the northwesterly line of a 2.772 acre tract described as Tract
No.2 in deed to Joe Hudson and Scott Hudson as recorded in Volume 8790, Page 1792
of the Deed Records of Tarrant County,Texas;
THENCE S 53°57'07"W,with said northwesterly line, a distance of 23.46 feet to a point,
said point bears N53°57'07"E,a distance of 116.51 feet from a 1"iron rod found marking
the northwest comer of said 2.772 acre tract;
THENCE severing, over and across said residual First Tract, N 04°55'14"W,a distance of
7.12 feet to a point;
THENCE severing, over and across said residual First Tract, N 04°02'44"W,a distance
of 386.90 feet to THE POINT OF BEGINNING and containing 0.18 acres of land,more
or less,as shown on plat attached hereto as Exhibit"A"Sheet 1 of 4.
Temporary Work Space
Also, Grantee shall have the use for initial construction,a strip of land forty-five(45')feet
in width, being parallel, abutting and contiguous to the east line of the above described
permanent easement,and containing 0.38 acres,more or less as shown on plat
attached hereto as Detail"B"on Exhibit"A"Sheet 2 of 4.
Bearings are based on the Texas State Plane Coordinate System, NAD 83, North
Central Zone,derived from GPS observations.
William C. Boden
Registered Professional Land Surveyor
No. 1932
EXHIBIT "B"
it
CITY OF FORT WORTH 4. -
900 MONROE ST#302
FT WORTH TX 76102
Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFVI
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL. RECORD.
Filed For Registration: 12121/2007 02:50 PM
Instrument#: D207453206
A 7 PGS $36.00
By:
1 1111111 lilt IIIII IIIII Illfl IIIII IIIII IIIII IIIII IIIII IIII Illl
D207453206
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WoRm
w.
COUNCIL ACTION: Approved on 6/7/2011
DATE: 6/7/2011 REFERENCE NO.: C-24941 LOG NAME: 062050POLICE
HELICOPTER
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Underground Pipeline License Agreement with Texas Midstream
Gas Services, LLC, for a Natural Gas Pipeline Across City-Owned Properties in the W. W.
Wheat Survey, A-1647, Tract 1 D and in the Gilmore Strips Addition, Block A, Lot Al Also
Known as the Police Helicopter Pad Site at a Cost of$19,163.00 (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Underground Pipeline License
Agreement with Texas Midstream Gas Services, LLC., for a Natural Gas Pipeline Across City-owned
Properties in the W. W. Wheat Survey, A-1647, Tract 1 D and in the Gilmore Strips Addition, Block A,
Lot Al, also known as the Police Helicopter Pad Site at a Cost of$19,163.00.
DISCUSSION:
On December 18, 2007, (M&C L-14438), City Council approved an Underground Pipeline Easement
Agreement(Agreement)with Texas Midstream Gas Services, LLC, (TMGS)for 602.35 linear feet of
20-inch diameter natural gas pipeline within a 20-foot wide strip of land across City properties in the
W. W. Wheat Survey, A-1647, Tract 1 D and in the Gilmore Strips Addition, Block A, Lot Al, also
known as the Police Helicopter Pad Site for a term of 20 years.
As of 2011, TMGS has not begun construction of the pipeline as it was proposed under the terms of
the Agreement previously approved by Council. Upon further evaluation of the pipeline route, TMGS
has requested to revise the route and requested to use additional City property at the Heliport tract,
Gilmore Strips Addition, Block A, Lot Al. Staff negotiated the release of the Agreement and the
execution of a new natural gas pipeline license agreement to reflect the revised pipeline route to
include the additional strip of land along the south property line of the Heliport tract as requested by
TMGS. TMGS has already paid a fee of$26,352.81 for the original 602.35 linear feet of pipeline
under the original Agreement for a 20 year term. TMGS has agreed to pay to the City the standard
fee of$47.25 per linear foot of pipeline for the additional 320.91 linear feet of pipeline and use of the
property for the remaining term of 16 years at a cost of$15,163.00 and $4,000.00 for the temporary
access for 120 days for a total cost of$19,163.00.
Total pipeline length for the revised pipeline will be 923.26 linear feet within a 20-foot wide license
tract across the properties (0.424 acres more of less)for the remaining term of 16 years. For initial
construction, a temporary construction workspace parallel, abutting, contiguous and along the license
tract (0.621 acres more or less) shall be granted as part of the license agreement. Additionally,
temporary access for construction vehicles will be granted across the property on an existing
unpaved roadway.
TMGS will be responsible for repairing and restoring any damage to the strip of land or surrounding
property including the temporary access area resulting from the construction of the pipeline.
Revenues received from this project will be administered in accordance with the current Financial
Management Policy.
The property is located in COUNCIL DISTRICT 9, Mapsco 63N, and J.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15253&councildate=6/7/2011 06/09/2011
M&C Review
Page 2 of 2
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 the City under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 446300 006060001000 $9.581.50
T127 446300 006127099901 $9.581.50
Submitted for City Manager's Office by' Fernando Costa (6122)
OrlaInatlna Department Head: Randle Harwood (6101)
Additlonal Information Contact: Jean Petr(8367)
DJ Harrell (8032)
ATTACHMENTS
062050Police Helicopter Helipadrev5 Ddf
062050Police Helicopter Helipadrev6 Ddf
http://apps.cfwnet.org/council_packet/mc—review.asp?ID--1 5253&councildate=6/7/201 1 nAmoi17nI >