HomeMy WebLinkAboutContract 45729 co L
TEMPORARY LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
CHESAPEAKE OPERATING,INC. FOR PRAIRIE DOG PARK
This Temporary License Agreement (this "Agreement") is by and between the City of Fort
Worth, Texas, a home-rule municipal corporation of the State of Texas, ("City") and Chesapeake
Operating Inc. ("Company").
WHEREAS, the City owns a certain piece of property known as Prairie Dog Park ("Park"),
located at 5060 Parker Henderson Road, Fort Worth, Texas 76119. "Company" will lay their temporary
water transfer lines inside the northeast boundary line of said property off of Parker Henderson Road,
heading due west into the culvert underneath Eastover Ave., which is depicted in Exhibit A, attached
hereto and incorporated herein for all purposes;
WHEREAS, Company desires to use a portion of the Park to place temporary waterlines to
supply water for its offsite natural gas drilling activities; and
WHEREAS, the City has reviewed the Company's request and agrees to grant the Company use
of a portion of the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties
agree as follows:
1. License and Purpose. City hereby grants to the Company a non-exclusive license to use a portion
of the Park for the placement of temporary waterlines to serve the Company's offsite natural gas
drilling activities and for no other purpose. The specific location of the licensed premises is
depicted in more detail in Exhibit A, which is attached hereto and incorporated herein for all
purposes("Licensed Premises").
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C-) 2. License Fee. Contemporaneously with executing this Agreement, the Company shall deliver to
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ZE the offices of the City's Parks and Community Services Department, 4200 South Freeway, Suite
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0 2200, Fort Worth, Texas 76115, payment of a license fee of$1,000.00 as compensation for the
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r' rights and privileges granted under this Agreement.
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co 3. Term. The term of this Agreement shall be for thirty (30) consecutive days, beginning on the date
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that both the City and the Company have executed this Agreement.
4. Termination. The City may terminate this Agreement, without cause, upon five (5) days written
notice to the Company or immediately upon a breach of this Agreement by the Company.
5. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and
OFFICIAL RECORD
Temporary License Agreement with Chesapeake Operating,Inc.
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other authorizations for use of the Park to other persons and entities as the City deems appropriate
in accordance with applicable law; provided, however, that in granting subsequent authorization
for use, the City will not allow a use that will unreasonably interfere with the Company's use of
the Park as provided herein. This Agreement does not establish any priority for the use of the
Park by Company or by any [)resent or future licensees or other permit holders. In the event of
any dispute as to the priority of use of the Park, the first priority shall be to the public generally,
the second priority to the City in the pertbrniance of its various functions, and thereafter, as
between licensees and other pen-nit 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.
6. f.jability. Company covenants and agrees to release City, its officers, agents, representatives,
servants, and employees, from and against any and all claims or suits for property, damage,
personal injury, or any other type of loss or adverse consequence related in any way to the
existence of this Agreement or the use and occupancy of the Park, unless such act or omission
con.iplained of is the result of the gross negligence or willful misconduct of City. 1,'urtliermore,
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.
7. Restoration of the Park, Company further agrees that, if during the course of the exercise of its
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rights under this Agreement, darnages result t o t he Park or City's park facilities, as determined by
the City's Director of the Parks and Comniunity Services Department or that person's designee,
(.,onipany shall repair or restore same to a condition satisfactory tote Director within thirty (30)
days,unless otherwise agreed to by the parties in wrifing.
8. INDEMNIFICATION. COMPANY COVENANTS AND AGREES TO, AND BY THESE
PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY, ITS OFFICERS, AGENTS REPRESENTATIVES, 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, BUT NOT LIMITED TO, DEATH, RESULTING FROM, OR IN ANY
WAY CONNECTED WITH, THIS AGREEMENT OR THE COMPANY USE AND
OCCUPANCY OF THE PARK, WtIETHER OR NOT CAtJSED, IN PART, BY THE
Temporary License Agreement with Chesapeake Operafir�g,Inc. 2 of 6
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 GROSS NEGLIGENCE OF OFFICERS, AGENTS OR EMPLOYEES OF THE
CITY.
9. Limitation on Use. There shall be no equipment on the Park within 48 hours of a rain event. The
Company shall not bring any heavy equipment onto the Park, including, but not limited to,
vehicles (except for areas designated for vehicles such as parking lots).
10. Compliance with Laws. 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 upon or connected with said premises because of
Company's use thereof.
11. Notice. All notices required or permitted under this Agreement shall be conclusively determined
to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or
representative, or (ii) received by the other party by reliable overnight courier or United States
Mail, postage prepaid, return receipt requested, at the address stated below or to such other
address as one party may from time to time notify the other in writing.
To THE CITY: To Chesapeake Operating, Inc.:
Director Operations Manager
Parks and Community Services 100 Energy Way
City of Fort Worth Fort Worth, TX 76102
4200 South Freeway, Ste 2200
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City,attorney
1000 Throckmorton
Fort Worth, Texas 76102
Temporary License Agreement with Chesapeake Operating,Inc. 3 of 6
12. Public Safety. Company shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the Company's use of the Park.
13. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the
Park any hazardous or toxic substances or materials, or intentionally or knowingly store or
dispose of any such substances or materials on the Park.
14. Force Majeure. If either party is unable, either in whole or part,to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal,
state, county, or City government in accordance with applicable law; issuance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
any equivalent alert system that may be instituted by any agency of the United States; any arrests
and restraints; civil disturbances; or explosions; or some other reason beyond the party's
reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event. If a Force
Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit.
15. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises
on the basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas - Fort Worth Division.
16. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of and be
binding upon City and Company and their respective successors and assigns and shall be
covenants running with the land.
17. Entire Agreement. This Agreement contains all of the agreements between the parties respecting
the subject matter hereof, and no prior representations or statements, verbal or written, have been
made modifying, adding to, or changing the terns of this instrument.
18. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City.
Temporary License Agreement with Chesapeake Operating,Inc. 4 of 6
19. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of the other party. Any attempt to assign this Agreement without the
required consent is void and without force and effect.
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF FORT WORTH: Chesapeake Operating,Inc.
By:<A-,9
Su an Alanis David McKenna
istant City Manager Operations Manager
TDate: I�D I Date: Az> i '
APPROVED AS TO FORNL
AND LEGALITY:
Tyler F. allach
Assistant City Attorney O
Ar SY
a a ser �� b
Cit S retary
Contract Authorization: `
No M&C Required
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CITY
Temporary License Agreement with Chesapeake Operating,Inc. Ft', RT H�"19 '"o 1
STATE OFTExAs
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me on this day of
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...... 2014, by 6V cL _�� q
The City of Fort Worth, a home rule rnunicipality, on behalf'of said municipality.
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N ic, State of Tex-
LINDA M.HIRRLINGER
Printed Name:_jLj)d& r vy,
MMISSION EXPIRES
My Commission Expires:
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2018
FebruarY 2
STATE OF TEXAS
COLJNTY' OF TARRANT
T ibregoing instniment was acknowledged before me on this �ay of
2014, by David McKenna., Operations Manager of Barnett, on
behalf aid Company
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NDICE KAMEM WRIGHT
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Notary P ic, State of Texas
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My Conuniission Expires:,,___...-.—
Temporary License Agreement with Chesapeake Operating,Inc. 6 of 6
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