HomeMy WebLinkAboutContract 29562 'ITY SECRETARY
NO. 5
�Jt�TRACT
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 29187,
(PUBLIC RIGHT-OF-WAY USE AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
29187 ("Consent") is made and entered into by and between the CITY OF FORT WORTH,
TEXAS (the "City"), a home rule municipal corporation organized under the laws of the State
of Texas; DAN MEEKER MANAGEMENT, INC. d/b/a CACTUS ENERGY ("Assignor"
or "Company"), a Texas corporation; CACTUS PIPELINE, LLC ("Assignee"), a Texas
limited liability company; and DANIEL H. MEEKER, an individual.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. The City and Assignor previously entered into City Secretary Contract No. 29187, a license
to erect, construct, install,maintain and transport Gas through a Pipeline in certain Public Rights-of-
Way in the City (the "License Agreement"). The License is a public document on file in the City
Secretary's Office.
R Assignor now wishes to assign to Assignee all of Assignor's right, title and interest
granted to Company under the License Agreement; Assignee wishes to accept such assignment;
the City is willing to consent to such assignment subject to the terms and conditions set forth in
this Consent; and Daniel H. Meeker is willing to guarantee Assignee's compliance with and
performance under the License Agreement.
NOW,THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor, Assignee and Daniel H. Meeker agree as
follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Company pursuant to the License Agreement (the "Assignment"), effective
as of the last date that the City, Assignor, Assignee and Daniel H. Meeker have executed this
Consent ("Effective Date"). The License Agreement is incorporated herein by reference for all
purposes.
2. The City does not adopt, ratify or approve the particular provisions of any written or oral
agreement or understanding that may have made or reached by and between Assignor, Assignee
and/or Dan Meeker as part of or in regard to the Assignment. The City does not grant any right,
privilege or use to Assignee that is different from or more extensive than any right, privilege or
use granted to Company pursuant to the License Agreement. In the event of any conflict
between the License Agreement and the Assignment, the License Agreement shall control.
3. The City consents to the Assignment expressly upon the promise and covenant by
Assignee, and Assignee hereby promises and covenants to the City, that as of the Effective Date
Consent to Assignment of CSC No.29187
by Dan Meeker Management,Inc.to Cactus Pipeline,LLC
Page 1
A
Assignee will faithfully perform, as an independent contractor, all duties and obligations of
Company set forth in the License Agreement.
4. Assignor understands and agrees that Assignor and Assignee will be jointly and severally
liable to the City for (i) any duty or obligation of Company that Assignor was required by the
License Agreement to undertake or perform prior to the Effective Date and (ii) for any damages,
including, but not limited to, property loss, property damage and/or personal injury off any kind,
including death, to the extent caused by Assignor, its officers, agents, servants, employees or
subcontractors.
5. Daniel H. Meeker, in his individual capacity, hereby guarantees compliance with and
performance of all duties and obligations of Company pursuant to the License Agreement. In the
event that an Uncured Default occurs under the License Agreement by act or omission of
Assignee, the City will have the right to require Daniel H. Meeker to cure the Uncured Default in
accordance with the notice procedures provided in the License Agreement or to exercise any
and/or all of its remedies available pursuant to the License Agreement and applicable law.
6. Notices required pursuant to the provisions of the License Agreement shall be
conclusively determined to have been delivered when hand-delivered or mailed by United States
Mail, postage prepaid, return receipt requested,addressed as follows:
To Assignee: To Daniel H. Meeker:
Cactus Pipeline, LLC. Mr. Daniel H. Meeker
108 West 8`h Street, Suite 410 108 West 8th Street, Suite 410
Fort Worth,Texas 76102 Fort Worth, Texas 76102
Fax(817) 377-0200 Fax (817) 377-0200
7. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the License Agreement.
EXECUTED as of the latest date below:
[SIGNATURES IMMEDIATELY FOLLOW ON NEXT FOUR(4) PAGES]
Consent to Assignment of CSC No.29187
by Dan Meeker Management,Inc.to Cactus Pipeline,LLC
Paget
CITY OF FORT WORTH: ATTEST:
By: "_) By: T; L v
Charles Boswell yft Gloro Pearson
Assistant City Manager Ci Secretary
Date: zo!��
APPROVED AS TO FORM AND LEGALITY:
By: zz���
Peter Vaky
Assistant City Attorney
M&C: C-19879 12-09-03
STATE OF TEXAS §
COLINTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Charles Boswell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort'Worth and that s/he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN LINDER MY HAND AND SEAL OF OFFICE this ' day
/— P� 2004.
o;Ry.
°>�: ROSELLA BARNES
NOTARY PUBLIC
*!,a state of Texas Notary Public in and for the State of Texas
+•'�of Comm. Exp. 03-31-2005
Consent to Assignment of CSC No.29187
by Dan Meeker Management,Inc.to Cactus Pipeline,LLC
Page 3
DAN MEEKER MANAGEMENT, INC.
d/b/a Cac Energy:
By:
Daniel Hill Meeker
President
Date: 2/17/04
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Daniel Hill Meeker, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Dan
Meeker Management, Inc. d/b/a Cactus Energy and that he executed the same as the act of Dan
Meeker Management, Inc. d/b/a Cactus Energy for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this seventeenth day of February,
2004.
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Consent to Assignment of CSC No.29187
by Dan Meeker Management,Inc.to Cactus Pipeline,LLC
Page 4
CACTUS PIPELINE, LLC:
B / !
Y•
Daniel H. Meeker
Member
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Daniel H. Meeker, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Cactus Pipeline, LLC and that he executed the same as the act of Cactus Pipeline, LLC for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this seventeenth day of February,
2004.
•0o`�P .. ..wF`SS
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Consent to Assignment of CSC No.29187
by Dan Meeker Management,Inc.to Cactus Pipeline,LLC
Page 5
D7ANIIEW
.MEEKER:
1-11
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Daniel H. Meeker, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was his act of and
that he executed the same as his act for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN CINDER MY HAND AND SEAL OF OFFICE this seventeenth day February,
2004.
-
a�� .ssO /
tary PubLi for the State of Texas
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EXPIRES•
,08 20°
Consent to Assignment of CSC No.29187
by Dan Meeker Management,Inc.to Cactus Pipeline,LLC
Page 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2003
DATE: Tuesday, December 09, 2003
LOG NAME: 02CACTUS REFERENCE NO.: **C-19879
SUBJECT:
Consent to Assignment of Public Right-of-Way Use Agreement by Dan Meeker Management, Inc.
d/b/a Cactus Energy to Cactus Pipeline, L.L.C.
RECOMMENDATION:
It is recommended that the City Council:
1. Consent to the assignment by Dan Meeker Management, Inc. d/b/a Cactus Energy of its rights, duties
and obligations under its Public Right-of-Way Use Agreement (City Secretary Contract No. 29187) to
Cactus Pipeline, L.L.C.; and
2. Authorize the City Manager to execute a Consent to Assignment Agreement with Cactus Pipeline,
L.L.C., Dan Meeker Management, Inc. and Dan Meeker, an individual.
DISCUSSION:
On October 17, 2003, the City entered into a Public Right-of-Way Use Agreement (the Agreement) with Dan
Meeker Management, Inc. d/b/a Cactus Energy (Cactus Energy) under which Cactus Energy was granted a
license to install, operate and maintain a natural gas pipeline along 4,640 linear feet of Bonds Ranch Road.
Cactus Energy now wishes to sell the pipeline to Cactus Pipeline, L.L.C. (Cactus Pipeline). Under the
Agreement, Cactus Energy is prohibited from assigning the Agreement to a third party without City
approval. City staff recommends that the City Council approve this assignment on the condition that
Cactus Pipeline enter into an agreement with the City under which it agrees to be bound by the terms and
conditions of the Agreement and under which Dan Meeker Management, Inc. and Dan Meeker individually
guarantee performance under the Agreement by Cactus Pipeline.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Boswell (8511)
Originating Department Head: Charles Boswell (8511)
Additional Information Contact: Danny Reed (6145)
Peter Vaky (7601)
Logname: 02CACTUS Page 1 of 1