HomeMy WebLinkAboutContract 30265 CITY SECRET
ROAD REPAIR AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
FOUR SEVENS OPERATING CO.,LTD.
This Road Repair Agreement, (Agreement), is made and entered into on this the day
of , 204 by and between the City of Fort Worth, Texas ("City"), a home rule
municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas
.(Hereinafter referred to as the "City") and FOUR SEVENS OPERATING CO., LTD. ("Operator")
for the repair of certain streets and/or roadways within the City of Fort Worth, Texas as more fully
described herein.
WHEREAS, Operator is in the business of drilluig gas wells and, in connection ti erelvala,
shall be engaged in drilling and production activities on property known generally as
BRENTWOOD LEASE , which abuts, is adjacent to, and/or is
accessed by roadways within the City of Fort Worth; and
WHEREAS, use of the roadways by the Operator for the purpose of performing the
activities described hereinabove may cause damage to the roadways; and
WHEREAS, the City and Operator, for the mutual consideration hereinafter stated, desire to
enter into an Agreement for Operator to repair said roadways for the duration of the term of this
Agreement in consideration of Operator's use of said roadways for the purpose of the activities
described hereinabove;
IT IS NOW THEREFORE AGREED THAT: -
ARTICLE 1.
REPAIR OBLIGATION
1. Operator shall repair roadways which abut, are adjacent to, or is accessed by the
Operator for the drilling and production of a gas well or well on
BRENTWOOD LEASE during the term of.this Agreement and shall, prior to the
termination of this Agreement, as provided herein, restore and repair all roadways to the condition
in which the roadways existed prior to the execution of this Agreement. For purposes of this
Agreement, "repair" shall mean that all the roadways will be repaired in accordance to the latest
edition of"Standard Specifications for Street and Storm Drain Construction, City of Fort Worth,
Texas Transportation and Public Works Department." Prior to any activity by the Operator related
in any way to Operator's drilling and operation of its gas wells, Operator shall make a
representative videotape or take representative pictures of the roadway and shall provide a copy of
the videotape and/or pictures to the Gas Inspector and the Director of Transportation and Public
Works Department for the City.
2. In - connection with its obligation to repair said roadways, Operator shall use .
materials of the same or better quality than those utilized to surface and/or repair the roadways:
prior to execution of this Agreement and in accordance with the standards specifications of the City
as described in paragraph one of this Article. Deviation from the materials described herein shall
not be permitted without the prior written consent of the Director of Transportation and Public
Works. Repairs shall be completed in accordance with standard engineering practices acceptable to
the City.
3. Operator shall repair the damage to the roadways at its sole cost and expense.
4. During the term of this Agreement, Operator shall periodically inspect the roadways
during drilling, fracture stimulation or reworking of the gas well to determine whether or not any
damage has occurred as a result of Operator's activities. Immediately upon discovering the
existence of any such damage to the roadways, Operator shall undertake to repair and/or remedy
same. Upon discovery of damage by the Operator, the Operator will have 48 hours to contact the
Director of Tra isportatiou and Public ` o'l&-s to work out a schedule of repairs. Repairs shall take
place within 30 days or immediately if the damage affects the immediate health and safety of
individuals.
ARTICLE 2.
TERM OF AGREEMENT
This Agreement shall commence upon the date indicated above and shall continue in full
force and effect until Operator has completed and/or permanently discontinued the activities upon
the roadways, as described hereinabove.
ARTICLE 3.
INSURANCE AND INDEMNITY
The operator shall provide or cause to be provided the insurance described below for
each well unless a Gas Well Permit has been issued wherein such insurance has been provided for
the issuance of the Gas Well Permit under the terms and conditions described in the Fort Worth
"Gas Drilling and Production" Ordinance and such insurance to continue until the well is
abandoned and the site restored.
In addition to the bond or letter of credit required pursuant to this Agreement and the Fort
Worth "Gas Drilling and Production" ordinance, the Operator shall carry a policy or policies of
insurance issued by an insurance company or companies authorized to do business in Texas. In the
event such insurance policy or policies are cancelled, the Gas Well Permit shall be suspended on
such date of cancellation and the Operator's right to operate under such Gas Well Permit shall
immediately cease until the Operator files additional insurance as provided herein.
1) General Requirements applicable to all policies.
a. The City, its officials, employees, agents and officers shall be endorsed as an
"Additional Insured" to all policies except Employers Liability coverage under the
Operator's Workers Compensation policy.
Page 2
b. All policies shall be written on an occurrence basis except for Environmental
Pollution Liability (Seepage and Pollution coverage) and Excess or Umbrella
Liability, which may be on a claims-made basis.
C. All policies shall be written by an insurer with an A-: VIII or better rating by the most
current version of the A. M.. Best Key Rating Guide or with such other financially
sound insurance carriers acceptable to the City.
d. Deductibles shall be listed on the Certificate of Insurance and shall be on a "per
occurrence"basis unless otherwise stipulated herein.
e. Certificates of Insurance shall be delivered to the City of Fort Worth, Development
Department, 1000 Throckmorton Street, Fort worth, Texas 76102, evidencing all the
required coverages, including endorsements, prior to the issuance of a Gas Well
Permit.
f. All policies shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City:
g. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thirty-day notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten
days notice shall be acceptable in the event of non-payment of premium.
i. During the term of the Gas Well Permit, the Operator shall report, in a timely manner,
to the Gas Inspector any known loss occurrence which could give rise to a liability
claim or lawsuit or which could result in a property loss.
j. Upon request, certified copies of all insurance policies shall be furnished to the City.
2) Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage, independent contractors
protective liability and personal injury. This coverage shall be a minimum Combined Single
Limit of$1,000,000 per occurrence for Bodily Injury and Property Damage.
3) Excess or Umbrella Liability
$ 5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution
Liability(EPL)policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental
pollution. If Seepage and Pollution coverage is written on a "claims
made" basis, the Operator must maintain continuous coverage and
purchase Extended Coverage Period Insurance when necessary.
4) Workers Compensation and Employers Liability Insurance
a. Workers Compensation benefits shall be Texas Statutory Limits.
b. Employers Liability shall be a minimum of$500,000 per accident.
C. Such coverage shall include a waiver of subrogation in favor of the City and provide
coverage in accordance with applicable State and Federal laws.
Page 3
S) Automobile Liability Insurance
a. Combined Single Limit of$1,000,000 per occurrence for Bodily Injury and Property
Damage.
b. Coverage must include all owned, hired and not-owned automobiles.
6) Certificates of Insurance
a. The company must be admitted or approved to do business in the State of Texas,
unless the coverage is written by a Surplus Lines insurer.
b. The insurance set forth by the insurance company must be underwritten on forms
that have been approved by the Texas State Board of Insurance or ISO, or an
equivalent policy form acceptable to the City.
C. Sets forth all endorsements and insurance coverage according to requirements and
instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read "THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30
DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY
EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT
OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS
REQUIRED".
e. Original endorsements affecting coverage required by this section shall be furnished
with the certificates of insurance.
7) The cancellation of any insurance for the sole purpose of the repair of roadways will not
release the obligation of the Operator to meet all requirements of insurance and bonding
under the Fort Worth"Gas Drilling and Production" Ordinance.
8) Operator shall and hereby does indemnify, defend and save harmless the City, its officers,
agents and employees from all suits, actions or claims of any character, name and
description brought for or on account of any injuries or damages received as sustained by
any person, persons or property on account of the operations of the Operator, his agents,
employees, contractors or subcontractors; or on account of any negligent act of fault of the
Operator, his agents, employees, contractors or subcontractors in connection with the
obligations under this Road Repair Agreement; and shall pay any judgment, with costs,
which may be obtained against the City growing out of such injury or damage.
ARTICLE 4.
PERFORMANCE BONDS
1. Operator shall provide a performance bond, unless a performance bond has been
provided for the issuance of a Gas Well Permit under the terms and conditions described in Fort
Worth "Gas Drilling and Production" ordinance, in an amount not less than the amount necessary
to repair the roadways, as determined by the City Engineer.
Page 4 n 1► � � � :,
2. Prior.to the beginning any activity pursuant to the issuance of a Gas Well Permit,
unless a performance bond has been provided for the issuance of a Gas Well Permit under the
terms and conditions described in Fort Worth "Gas Drilling and Production" Ordinance, the
Operator shall provide the Gas Inspector with a security instrument in the form of a bond or an
irrevocable letter of credit as follows:
a. Bond. A bond shall be executed by a reliable bonding or insurance institution
authorized to do business in Texas, acceptable to the City. The bond shall become effective
on or before the date the Gas Well Permit is issued and shall remain in force and effect for
at least a period of six (6) months after the expiration of the Gas Well Permit term or until
the well is plugged and abandoned and the site is restored, whichever occurs first. The
Operator shall be listed as principal and the instrument shall run to the City, as obligee, and
shall be conditioned that the Operator will comply with the terms and regulations of this
Ordinance and the City. The original bund shall be submitted to the Diiectur o
Transportation and Public Works with a copy of the same provided to the City Secretary
and the Gas Inspector.
b. Letter of Credit. A letter of credit shall be issued by a reliable bank authorized to do
business in Texas and shall become effective on or before the date the Gas Well Permit is
issued. The letter of credit shall remain in force and effect for at least a period of six (6)
months after the expiration of the Gas Well Permit term. The City shall be authorized to
draw upon such letter of credit to recover any fines or penalties assessed under this
ordinance. Evidence of the execution of a letter of credit shall be submitted to the Director
of Transportation and Public Works submitting an original signed letter of credit from the
banking institution, with a copy of the same provided to the City Secretary and the Gas
Inspector.
C. Whenever the Gas Inspector or the Director of Transportation and Public works
Department finds that a default has occurred in the performance of any requirement or
condition imposed by this Agreement, a written notice shall be given to the Operator. Such
notice shall specify the work to be done, the estimated cost and the period of time deemed
by the Gas Inspector or the Director of Transportation and Public works Department to be
reasonably necessary for the completion of such work. After receipt of such notice, the
Operator shall, within the time therein specified, either cause or require the work to be
performed, or failing to do so, shall pay over to the City one hundred twenty-five (125)
percent of the estimated cost of doing the work as set forth in the notice.
d. The City shall be authorized to draw against any irrevocable letter of credit or bond
to recover such amount due from the Operator. Upon receipt of such monies, the City shall
proceed by such mode as deemed convenient to cause the required work to be performed
and completed, but no liability shall be incurred other than for the expenditure of said sum
in hand..
e. In the event the Operator does not cause the work to be performed and fails or
refuses to pay over to the City the estimated cost of the work to be done as set forth in the
notice, or the issuer of the security instrument refuses to honor any draft by the City against
Page 5
the applicable irrevocable letter of credit or bond the City may proceed to obtain
compliance and abate the default by way of civil action against the Operator, or by criminal
action against the Operator, or by both such methods.
f. When the roadways covered by said irrevocable letters of credit or bond have been
received by the City, or upon receipt of a satisfactory substitute, the irrevocable letter of
credit or bond issued in compliance with this Agreement shall be terminated and cancelled.
Any bond required by the Fort Worth "Gas Drilling and Production" Ordinance shall stay in
full force and effect until the terms and conditions set out in the Ordinance are met. The
cancellation of any bond or letter of credit for the sole purpose of the repair of roadways
will not release the obligation of the Operator to meet all requirements of insurance and
bonding under the Fort Worth"Gas Drilling and Production" Ordinance.
IkRTICLE J
MISCELLANEOUS PROVISIONS
1. Operator understands and agrees that Operator, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of the City. The City shall not have any control over the means or methods by
which Operator shall perform its obligations hereunder. Operator shall furnish all equipment and
materials necessary to perform hereunder and shall at all times be acting as an independent
Operator.
2. By entering into this Agreement, the City does not waive, nor shall it be deemed to
waive, any immunity or defense that would otherwise be available to it against claims arising by
third parties.
3. This Agreement represents the entire agreement between Operator and City for
repair of roadways and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by the
governing body of the City or those authorized to sign on behalf of the City's governing body.
ARTICLE 6.
FORCE MAJEURE
Events of Force Majeure shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto government action (unless caused by acts or
omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns
or work stoppages.
ARTICLE 7.
ASSIGNABILITY/CONSENT
Except as otherwise provided herein, or except as may be hereafter determined by the
parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement,-or-any _
of its right, duties, or obligations hereunder, without the prior written consent of the_other party.
Page 6
Whenever the consent or the approval of a party is required herein, such party shall not
unreasonably withhold, delay, or deny such consent or approval.
ARTICLE 8.
NOTICE
Any notice given by one party to the other in connection with this Agreement shall be in
writing and shall be by personal delivery; sent by registered mail or certified mail; or by United
States Mail, return receipt requested, postage prepaid; to:
CITY: Office of the City Manager
City of Fort Worth, Texas
1000 Throckmorton Street
ort Worth, Texas 76102 -
OPERATOR FOUR SEVENS OPERATING CO., LTD
777 TAYLOR ST., STE. 1090
Notice shall be deeme oTha�e�e�nT eceive on the date of receipt as shown on the return receipt
or other written evidence of receipt.
ARTICLE 9.
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto out of or affecting this Agreement, or.the rights
or obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be waived unless as
herein set forth.
ARTICLE 10.
SAVINGS/SEVERABILITY
In the event that any one or more of the provisions hereof contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
ARTICLE 11.
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the laws of the
State of Texas, and venue for any action arising under the terms and conditions of this Agreement-
shall lie in the state courts located in Tarrant County,Texas or the United States Dis 'ct Court for..
the Northern District of Texas, Fort Worth Division.
Page 7
ARTICLE 12.
ENTIRE AGREEMENT
This Agreement and the exhibits attached thereto, constitute the entire agreement among the
parties hereto with respect to the subject matter hereof, and supersede any prior understandings or
written or oral agreements between the parties with respect to the subject matter of this Agreement.
No amendment, modification, cancellation or alteration of the terms of this Agreement shall be
binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and
is duly authorized and executed by the parties hereto.
ARTICLE 13.
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance°with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any such
terms or conditions,but the same shall be and remain at all times in full force and effect.
ARTICLE 14.
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall not
in any way affect the substantive terms or conditions of this Agreement.
ARTICLE 15.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, and constitute one and the same instrument.
IN WITNESS WH FOF, the parties do hereby affix their signatures and enter into this
Agreement as of the�1n1 day of fs , 20�
ATTEST: CITY OF FORT WORTH
/_4 A��Q�) 7 _'�; By
City Secretary �Wjop
GlaryrJacks City Manager
Contract AuthorizatioA
APPROVED AS TO FORM FOUR SEVENS OPERATING CO., LTD.
AND LEGALITY:
David Yett, City Attorney
By: By: a __
Operator
STATE OF T S § HUNTER Erns PARTNER
Page 8
STATE OF TEXAS §
COUNTY OF TARR.AdNT §
Before me, the undersigned notary public, on this day personally appeared Gary Jackson, the
City )Manager of the City of Fort Worth, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the instrument
for the purposes and consideration therein expressed.
Given under my hand and seal of office this 62 ay 20_�Y.
.. ... PATSY COX
o NOTARY PUBLIC
State of Texas
G;a nr 12-18-2004 Notary Pu lc
`,O4
STATE OF TEAS §
COUNTY OF TARRANI §
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared HUNTER EQIS , Down 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 FOUR SEVENS OPER.AT_TNG Co , T.'1`I) (the corporation) and that he executed the same as
the act of said FOUR SEVENS OPERATING CO., LTD. (corporation) for the purposes and
consideration therein expressed and in the capacity therei. stated.
Given under my hand and seal of office this day o
=NotarP
RD J p
0 Texas on res Notary Public
Page 9
l tli •r:`�. Yti:
TexasBank®
BILL ADAMS
President July 6, 2004
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Dear Sir or Madam:
Texas Bank ("Bank") hereby establishes an Irrevocable Letter of Credit ("Credit") in
favor of the City of Fort Worth ("Beneficiary") for a sum not exceeding the aggregate amount of
Ten Thousand Dollars ($50,000.00). These funds shall be made available by Beneficiary's drafts
drawn on Bank at 300 West 7th Street, Fort Worth, TX 76102 (or such other address that Bank
may provide Beneficiary with written notice of in the future) and accompanied by the signed
written statements or documents indicated below. Drafts and said signed written statements and
documents must be presented to Bank during regular business hours, on any Business Day, only
in person, by mail, or by express delivery service. "Business Day" means any day on which
banks located in Fort Worth, Texas, are not authorized or required to close.
1. Draft Terms and Conditions. Bank shall honor the drafts submitted by Beneficiary
under the following terms and conditions: (a) presentation of the original Credit(as modified
below) to Bank; (b) a signed statement of Beneficiary(with signature notarized ) stating that Four
Sevens Operating Co., LTD ("Four Sevens") has failed to honor their contracural agreement with
the City of Fort Worth, Texas with regard to # 1 Brentwood Well as required by Ordinance
Number 14880 or the City of Fort Worth Road Maintenance Agreement to which Four Sevens is
a Party. Since this Credit may be in effect for a period that is less than the period that the# 1
Brentwood Well may be in existence, for the purpose of subpart (b) of the foregoing terms and
conditions, Beneficiary may draw upon the frill amount of credit available under this Credit if
Four Sevens does not obtain a renewal or extension of this Credit or a replacement to this Credit,
in each case in an amount not less that $50,000.00, on or before 45 days prior to Expiration Date
of this Credit (as same may be extended from time to time). Provided that Beneficiary strictly
complies with all terms and conditions as set forth above and as otherwise prescribed in this
Credit, Bank shall not dishonor any drafts submitted by Beneficiary unless (i) the draft is
submitted after the Expiration Date or(ii) the full amount of Credit available under this line has
been drawn.
Upon Bank's honor of such drafts and payment to Beneficiary, Bank, once th , :^2
,.�
(Revised 5/28/98) EXHIBIT "B" f.
FOUR SEVENS OPERATING CO.LTD.,
BRENTWOOD # 1 � ',
300 West Seventh St. Fort Worth,Texas 76102 (817)850-0063 Fax (817)850-0059 E-Mail: bill.adams@texasbank.com
amount of credit available under this Credit has been drawn, shall be frilly discharged of its
obligations under this Credit and shall not thereafter be obligated to make any further payments
under this Credit to Beneficiary or any other person or entity. Beneficiary shall have no recourse
against Bank for any amount paid under this Credit after Bank honors any draft or other
document which complies strictly with this Credit, and which on its face appears otherwise in
order but which is signed, issued, or presented by any party or under the name of any party
purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as
Beneficiary. Beneficiary shall return to Bank any funds received by Beneficiary in excess of the
Credit's maximum drawing amount.
2. Use Restrictions. All drafts must be marked "DRAWN UNDER IRREVOCABLE
LETTER OF CREDIT NO. 727 DATED July 6, 2004." Only Beneficiary may complete a draft
and accompanying statements or documents required by this Credit and make a draw under this
Credit. Partial draws are permitted under this Credit. If partial draws are permitted under this
Credit, a copy of this Credit must accompany each draft with the original Credit accompanying
the final draft. Bank's honor of draft shall automatically reduce the amount of credit available
under this Credit by the amount of the draft.
3. Expiration Date. This Credit shall expire ("Expiration Date") upon the earlier of
the date the well is plugged and abandoned by Four Sevens Operating Co. Ltd. and approved by
the herein named beneficiary; or(b) the day that Bank honors a draw under which the fill
amount of this Credit is drawn.
4. Assignment or Transfer. This Credit shall be nontransferable, except for: (a) a
transfer by direct operation of law to the original Beneficiary's administrator, executor,
bankruptcy trustee, receiver, liquidator, successor, or other representatives at law; and (b)the
first immediate transfer by such legal representative to a third party after express approval of the
applicable governmental body(judicial, administrative, or executive).
5. Timing of Dishonor. To the extent not prohibited by law, Bank shall be entitled to
honor or dishonor any draft submitted in connection with this Credit withing five (5) calendar
days not counting the day Bank receives the draft. Although Bank shall be entitled to honor a
draft subsequent to the Expiration Date, Beneficiary shall not be entitled to submit a draft or
provide Bank with any documents in support of a draft after the Expiration Date. If Bank fails to
make payment on the appropriate payment date because of an Act of God or other act beyond the
control of Bank, the amount of the payment will automatically be increased by a daily amount of
interest equal to the per diem rate that is derived from the Prime Rate set forth in The Wall Street
Journal from time to time, as applicable, for each day that the payment is delayed and Bank's
sole obligation and liability shall be to make the payment due together with the additional interest
computed as provided above.
6. Modification. This Credit sets forth in fill the terms of Bank's undertaking. A
modification or waiver of any of Bank's or Beneficiary's obligations or rights under this Credit
r_ rTl
(Revised 5/28/98)
Irrevocable Letter of Credit
Page 3
must be contained in writing signed by Bank. A waiver on one occasion shall not constitute a
waiver on any other occasion.
7. Compliance Burden. Under no circumstances shall Bank be held responsible for
any impossibility or other difficulty in Beneficiary achieving strict compliance with the
requirements of this Credit. Beneficiary understands and acknowledges that (a) unless and until
the present wording of this Credit is amended with Bank's prior written consent, the burden of
complying strictly with such wording remains solely upon Beneficiary, and (b) Bank is relying
upon the lack of such amendment as constituting Beneficiary's initial and continued approval of
such wording.
8. Non-Severability. If any aspect of this Credit is ever declared unenforceable for any
reason by any court or government body having jurisdiction, Bank's entire engagement under this
Credit shall be deemed null and void, and both Bank and Beneficiary shall be restored to the
position each would have occupied with all rights available as though this Credit had never
occurred. This non-severability provision shall override all other provisions in this Credit, no
matter where such provision appears within the Credit's body.
9. Choice of Law/Jurisdiction. This Credit shall be governed by the laws of the State
of Texas to the extent not governed by the Uniform Customs and Practice for Documentary
Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and to the
extent such laws are not inconsistent with the terms of this Credit. VENUE OF ANY
LITIGATION INVOLVING THIS CREDIT MUST BE MAINTAINED IN A COURT OF
COMPETENT JURISDICTION LOCATED IN Tarrant COUNTY, TEXAS, WHERE
THIS CREDIT IS PERFORMABLE.
Sincerely,
T S
W. H. Adams,
President
(Revised 5/28/98)
Awakening, Painting by Griselda, Music by Bjorn Lynne, Stationery by Cloudeight, April 2000 Page 1 of 1
Ramos, Yolanda
From: Tedder, Susan
Sent: Wednesday, July 28, 2004 8:08 AM
To: Ramos, Yolanda
Subject: RE: Contract
Yolanda,
No M&C is required on the Road Repair Agreements.
Thank you,Susan Tedder
Planning Assistant
817-392-8826
-----Original Message-----
From: Ramos, Yolanda
Sent: Wednesday, July 28, 2004 7:43 AM
To: Tedder, Susan
Subject: Contract
Importance: High
On the Road Repair Agreement with Four Sevens
Operating Co, Ltd. (Brentwood Lease) is there is an
M&C with this?
yolanda Ramos
City Secretary's Office
817-392-6ogo
4J
CLQ
CAtt- a
7/28/2004