ST9905-CN040922When Recorded Return a
Certified file stamped copy to:
Patrick Nwakoby
EXPLORER Pipeline Company
P.O. Box 2650
Tulsa, OK 74101-2650
BETHEL ROAD
CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS }
} ss
COUNTY OF TARRANT }
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, by instruments of record dated July 14, 1971 DALLAS-FORT WORTH REGIONAL
A1RPORT BOARD (herein called "GRANTOR") did License to EXPLORER PIPELINE COMPANY, a
Delaware Corporation (herein called "EXPLORER"), a license across the land described therein, (herein
called "THE PROPERTY");
WHEREAS, GRANTOR did also license to the City of Coppell, (herein called "CITY"), a
municipality formed under the laws of Texas, a license across the land described therein, "THE
PROPERTY".
WHEREAS, GRANTOR'S licenses to both EXPLORER and CITY are "nonexclusive" and
require both EXPLORER and CITY to occupy the same land area and/or land area in close proximity to
each other, on THE PROPERTY.
WHEREAS, EXPLORER already operates within THE PROPERTY, a high pressure, hazardous
liquid pipeline carrying refined petroleum products.
WHEREAS both CITY and EXPLORER wish to work with and cooperate with each other in
order that pipeline and road construction, maintenance and use are compatible to the extent possible;
likewise, that both CITY and EXPLORER wish that public safety be optimized on THE PROPERTY.
NOW, THEREFORE, in consideration of the premises and the supplemental agreements
hereinafter made, EXPLORER does hereby agree to the construction and maintenance of said facilities
near EXPLORER'S 12-inch high pressure petroleum products pipeline and EXPLORER'S licensed ama
subject to the following terms and conditions:
EXPLORER'S Area office shall receive notice at least 48 hours in advance of any construction
contemplated near THE PROPERTY in order that a field representative of EXPLORER can be
present. Please contact EXPLORER'S representative at the office indicated below:
Mr. Mike Tucker
Greenville Area Manager
2856 County Road 2168
Caddo Mills, Texas 75135
(903) 527-1262
2. CITY hereby agrees to assume the risk of, and shall protect, indemnify, and save harmless
EXPLORER from and against all liability for or on account of injury to or death of persons or
damage to property resulting from CITY'S construction, operation, and maintenance of said ROAD,
to the extent provided by Texas law except to the degree such injury, death, or damage was caused by
the negligence of EXPLORER, its agents, servants, or employees.
CITY hereby agrees to provide, to the extent provided by state law, insurance coverage to
EXPLORER as additional insured under it's general liability insurance policy which covers liability
for or on account of injury to or death of persons or damage to property resulting from CITY'S
operations and maintenance of said ROAD. CITY shall ensure that certificates to that effect are
delivered to EXPLORER prior to commencing work.
In order to verify the integrity of the pipeline and reduce the probability of excavating and inspecting
the pipeline in the future and reduce the risk of undermining the roadway at considerable expense
after the road is improved, CITY shall reimburse EXPLORER for half the cost of excavating and
inspecting the pipeline before the road project begins. The estimated cost of the pipeline excavation
and inspection is $90,000.00 and CITY'S portion is $45,000.00.
In order to heighten damage prevention and improve the protection of EXPLORER'S 12-inch
pipeline during construction activities EXPLORER will provide a Chief Inspector to be present
during all construction activity near EXPLORER'S pipeline. The Chief Inspector will have full
authority to shut down any construction activity being performed where EXPLORER'S pipeline or
appurtenances are in eminent danger of being damaged. CITY will reimburse EXPLORER for said
inspection service ($325/day).
CITY shall not permit any machine excavation nor allow heavy equipment to work within 10 feet
either side of EXPLORER'S 12-inch pipeline without EXPLORER'S field representative being
present.
7. CITY shall include the following warning on all construction prints involving EXPLORER'S
Pipeline.
"WARNING"!!! EXPLORER'S 12-Inch High-Pressure Petroleum
Products Pipeline. Contact Greenville Area Manager, (903) 527-1262,
at least 48 Hours before Any Construction near Pipeline Begins."
8. CITY agrees to do its best effort in construction and maintenance of said ROAD. Should CITY
change or otherxvise modify said plans that cause said ROAD to be placed closer to the pipeline or
require pipeline crossings, CITY will prior to construction, reconstruction, and/or maintenance provide
a written copy of said plans to EXPLORER for review and concurrence; EXPLORER agrees it review
will be timely based upon the situation, and its permission will not unreasonably be withheld.
9. Any improvements, roadway, retaining walls, landscaping, bridges, culverts etc. located in close
proximity to EXPLORER'S pipeline that have to be removed for access to pipeline for emergency or
maintenance purposes, will be removed and replaced at CITY'S expense. Said expenses shall include
cost of disposal of all debris removed and any additional expense that would not have occurred had
the ROAD not been there. CITY shall be responsible for replacement and or repairs to the ROAD
and its associated improvements.
10. CITY will be responsible for any future erosion repairs due to its activities or lack of proper erosion
control measures, which result in EXPLORER having to lower its pipeline or take corrective
measures to prevent its pipeline from becoming exposed.
11. CITY agrees that in accordance with the original license Granted that Explorer has the right to install
and maintain pipeline markers along the pipeline route as it deems necessary to define the pipeline
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location. CITY further agrees that by penalty of Federal law subsequent removal or destruction of
said markers without expressed written approval of EXPLORER is prohibited. CITY also agrees to
reimburse EXPLORER for all cost associated with the removing, relocating, or replacing any
existing EXPLORER Marker Posts or Test Station caused by the installation, operation, or
maintenance of the ROAD.
12. CITY shall not commence any work, associated with the ROAD within EXPLORER'S licensed
area until notified that EXPLORER has received a copy of this document certified by the County
Recorder as having been duly filed for record in the County Records Office. Said copy shall be
clearly marked with the record book and page number, and the date and time it was recorded.
This Agreement will not become valid until it is fully executed by both parties and has been recorded by
the CITY in the respective County records where the encroachment is to occur.
The terms, conditions, and provisions of this Agreement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto.
~j IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals this
day of ~.Jce~.,~ 2004.
EXPLORER PIPELINE COMPANY
By: ca_~-~,~ ~,,q_ <4.,
Patrick Nwakoby ~.
Project Engineer/P,..O.W.
CITY: ~pell, Texasi
By:
Name: p Witt
Title: City lqanager
STATE OF OKLAHOMA }
COUNTY OF TULSA }
BEFOR~ jqae, the undersigned, a Notary Public in and for sai~ounty and State, on this ~z~-~
day of ~~x4~, 2004, personally appeared ~ ,J/_~
known to me to be the identical person who subscribed the name of EXPLORER PIPELINE
COMPANY to the within and foregoing instrument, as its Project Engineer/R.O.W., and
acknowledged to me that she/he executed the same as his/her free and voluntary act and deed of
such corporation for the uses and purposes therein set forth.
GIVEN under my hand arid seal the day and year last above written.
~ /~¢~t~f~X O~FICIAL SEAL
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I !
STATE OF TEXAS
COUNTY OF
BEFORE me, the undersigned, a Notary Public in and for said County and State, on this /02 ~
day of ~gt~t~.~ ,2004 personally appeared ~'-/'trn ~17~
, known to me to be the identical person(s!~who executed
the ~vithin and foregoing instrument, on behalf of'-~{,c ~ c~ tr~Lt~/r,~ff
__ as its (9~ j/b/t7C44~-~ , J' ~/ a~id acknOwledged to
me that 1~_~ t~ executed th~ssame as ,~ free and voluntary act and deed for the
uses and purposes therein set forth.
GIVEN under my hand and seal the day and year last above written.
Notary Public
My Commission £xpires: ¢//6 /6~ ~ / ~
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