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Home My WebLink About2021 03 15 Release of Lien_ 5134 Shady Oaks LaneGenesis Pipeline Texas, L.P. West Columbia to Webster 8Inch CONSENT TO USE THE EASEMENT AREA (Encroachment Agreement) STATE OF TEXAS COUNTY OF GALVESTON THIS CONSENT TO USE TI�C, i iT AREA (hereinafter the"Agreement"), made this day of �r b and between City of Friendswood, having an address at 910 S. Friendswood Driv , -riendswood, TX 77546 ("Ownce) and Angel Brothers Enterprises, LTD, having an address at PO Box 570, Baytown, Texas 77522-0570 ("Owner's Contractor") (Owner and Owner's Contractor, hereinafter together referred to as "REQUESTING PARTY"), and Genesis Pipeline Texas, L.P., a Delaware limited partnership, having offices at 919 Milam Street, Suite 2100, Houston, Texas 77002, (hereinafter sometimes referred to as "GENESIS"). WHEREAS, GENESIS is the holder of that certain Grant of Pipeline Right -of -Way Easement that crosses property located at Friendswood Lakes Blvd, and Evan's Gate, Texas (the "Easement") upon which it now maintains and operates a crude oil pipeline within said Easement area and commonly refers to said pipeline(s) as its West Columbia to Webster 8 Inch Pipeline System ("Genesis Pipeline"); and, WHEREAS, REQUESTING PARTY proposes to construct, install, and maintain certain improvements consisting of a two lane divided 8-inch reinforced concrete street with 6-neh concrete curbs and 4-oot sidewalks (hereinafter referred to as "FACILITY"), within, across, upon or over GENESIS'S Easement (the "Encroachment") and has requested GENESIS to provide consent for such Encroachment over, under, through or imposing upon Easement and/or GENESIS' pre-existing rights; and, WHEREAS, GENESIS is willing to grant consent to REQUESTING PARTY for the construction, installation, and maintenance ofthe FACILITY within, across, upon or over GENESIS'S Easement, subject to the following terms and conditions: WITNESSETH (1) Subject to the terms and conditions stated herein, consent is hereby given by GENESIS to REQUESTING PARTY, insofar as it has the right to do so, to construct, install, and maintain the FACILITY within GENESIS' Easement. (2) REQUESTING PARTY accepts this consent with full knowledge of GENESIS'S prior rights and existing facilities. Notwithstanding the foregoing, any improvements made over, under, in, along, across, and upon the Easement, shall not interfere with GENESIS', use and enjoyment of the Easement, GENESIS' pre-existing rights or the Genesis Pipeline. (3) REQUIREMENTS FOR REQUESTING PARTY. A. REQUESTING PARTY acknowledges receipt of GENESIS' "General Requirements for Crossing Genesis Pipelines," attached as EXHIBIT A hereto and incorporated by reference herein describing and setting forth the minimum requirements (the "CROSSING REQUIREMENTS") and warrants that any construction, installation and/or maintenance of the FACILITY performed or which may be performed in the future in the area of GENESIS' Easement, will conform to the conditions and requirements listed in the CROSSING REQUIREMENTS. B. REQUESTING PARTY shall only cross Easement, and specifically the Genesis Pipeline, such that the total cover from the top of the Genesis Pipeline(s) to the top of the FACILITY is at least four feet (4'). Page i Genesis Pipeline Texas, L.P. West Columbia to Webster 8 Inch C. REQUESTING PARTY shall provide a peep hole for GENESIS to confirm_separation prior to crossing. D. REQUESTING PARTY shall notify GENESIS at least seventy-two (72) hours prior to any work in the vicinity of the'Easement. At GENESIS' sole option, a. representative of GENESIS may be on site during any work by REQUESTING PARTY in the vicinity of the Easement. The presence of such representative shall in'no manner relieve REQUESTING PARTY of any responsibilities it may have hereunder or at law-. Any notices or contact with GENESIS pursuant to this -section shall be as follows: Name: Robert Findley, land management (713=860-2757) Name: Nathan VanPuften, operations (281-573-5433) Name: Jermain Conyers, pipelines (409-984-1226). E. REQUESTING -PARTY provided GENESIS project plans with the Encroachment Application submitted to GENESIS: Prior to construction, REQUESTING PARTY sball-provide GENESIS revised written project plans and drawing to indicate compliance with the above requirements. REQUESTING PARTY shall perform all work on .the project in accordance with the revised project plans as approved by GENESIS: F. - Within 60 . days of - completing the FACILITIES, `REQUESTING PARTY shall provide GENESIS with as -built drawings and a survey showing the data, location and depth of any improvements or FACILITIES installed over or in -the vicinity of the Easement. (4) LIMITED LIABILITY. GENESIS shall not .be. liable for any destruction of or damages to the FACILITY arising -out of or. in- connection with the' construction, installation, replacement; changing the size of, -repair, - maintenance; operation - or removal of any facilities; pipeline or pipelines presently or hereafter located within the Easement. REQUESTING PARTY covenants and agrees to protect, indemnify and save GENESIS, its contractors and subcontractors, and its and their respective owners, partners, shareholders, officers, directors, employees; agents, representatives and servants (collectively, the "INDEMNIFIED PARTIES") harmless from and against any and all claims, demands, lawsuits; arbitrations, proceedings, judgments, awards, damages, losses, costs and expenses (including attorneys,' fees and disbursements) for destruction of or damages to the FACILITY howsoever caused, INCLUDING, WITHOUT LIMITATION, THAT CAUSED BY THE SOLE, CONCURRENT OR 'COMPARATIVE NEGLIGENCE OF ANY ONE OR MORE OF THE INDEMNIFIED PARTIES, but not their gross negligence. .(5) In GENESIS' sole opinion, should the FACILITY allowed herein interfere with the construction,. installation, replacement; maintenance or operation of any existing or future facilities or pipeline(s) located on the -Easement, REQUESTING PARTY' shall cause the FACILITY to be relocated or removed, at REQUESTING PARTY's expense, so as to eliminate any such interference. (6) INSURANCE: REQUESTING PARTY warrants that prior to _ it or any contractor or subcontractor(s) .performing any construction over or in the vicinity of GENESIS' Easement, said contractor and/or subcontractor(s) shall furnish to GENESIS verification of comprehensive general liability insurance:in an amount not less than (i) one million dollars ($1,000;000) each occurrence, and (ii) one million dollars ($1,000,000) aggregate combined single limit, and (iii) with excess liability in the amount of four million dollars ($4-,000,000). Said verification of liability is to be submitted on a. GENESIS approved form. (7) INDEMNIFICATION. GRANTED HEREIN. Page'2 Genesis Pipeline Texas, L.P. West Columbia to Webster S Inch NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN THE EVENT OF A DEFAULT BY GENESIS HEREUNDER, OR FOR ANY, OTHER REASON, GENESIS SHALL NOT BE LIABLE TO REQUESTING PARTY FOR -ANY INDIRECT, PUNITIVE, SPECIAL,CONSEQUENTIAL, OR INCIDENTAL. DAMAGES WHATSOEVER, INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS. (8) If two or more individuals, corporations, partnerships or other business associations (or any combination of two or more thereof) shall sign this Agreement as Requesting Party, the liability of each such individual, corporation, partnership or other business association to perform all obligations hereunder shall be deemed to be joint and several, and all notices, payments and agreements given or made by, with or to any one of such individuals, corporations, partnerships or other business associations shall be deemed to have .been- given or made by, with or to. all .of them. in like manner, if Requesting Party shall be a.partnership or other business association, the members of which are, by virtue of statute or federal law, subject to personal liability, then the liability of each such member shall be joint and several. (9) Any notice required or permitted to be given under this Agreement shall be.in.writing, and shall be. deemed to have been given when delivered by hand delivery, or when deposited in the United States. Post Office, by registered or certified mail, postage prepaid, return receipt requested, if mailed. Notices shall be addressed as follows: If to GENESIS: Genesis Pipeline Texas, L.R: 919'Milam, Suite 2100 Houston; TX 77002 Attention: General Counsel If to REQUESTING PARTY: City of Friendswood- - 910 S. Friendswood Drive Page 3 Genesis Pipeline Texas, L.P. West Columbia to Webster 8.Inch Friendswood, TX 77546 Any party may designate a different address by giving.the other party ten- (10) days written notice in the manner provided above. (10) This Agreement is made in Texas and shall be construed, interpreted, and governed by Texas law. The parties shall consent to the jurisdiction and venue of the Courts of Harris County, Texas, for any action under this- Agreement. (11) This Agreement and all Exhibits and Amendments, hereto shall constitute the complete understanding of GENESIS and REQUESTING PARTY. This Agreement constitutes the sole and only agreement of the parties to it and. supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement. - (12) This Agreement shall not serve to diminish or affect the rights granted to GENESIS by the hereinabove-referenced original Easement. It is the -intent of thepartiesthat the construction, installation or maintenance ' of the FACILITIES shall not in any way, -.interfere with or burden GENESIS' .pre-existing rights. (13) In the event that REQUESTING PARTY (or its contractors) fails to, comply with any of the terms and conditions set forth in this Agreement, including any Exhibits, GENESIS shall have the right to require REQUESTING PARTY to immediately, correct any deficiencies or non -conforming. work, as well as any other remedies available at law or. equity. (14) Nothing in this Agreement is intended -to (or shall be construed to) create a partnership, joint venture, agency,. and fiduciary or similar relationship between- the Parties, or to provide (or constitute the agreement to provide for) the lease, sale, conveyance, transfer, or assignment of all or any portion. of GENESIS' Easement, Genesis Pipeline, or the FACILITIES. (15) This Agreement may be assigned in whole or in part and the provisions hereof shall extend to and be binding upon the heirs, legal representatives, successors and assigns of the Parties hereto, provided that REQUESTING PARTY shall obtain the prior written consent of GENESIS to any assignment of all or any portion of this Agreement. This Agreement shall be binding upon and shall inure to- the benefit of the parties hereto, their heirs, assigns, agents, administrators, -successors or grantees, with the ,same force, and effect as if specifically mentioned in each instance where REQUESTING. PARTY or.GENESIS is named. (16) Any waiver, alteration, or modification ofany of the provisions of this Agreement or cancellation or replacement of this Agreement.shall.not be valid unless in writing and signed by the party against which such waiver, alteration: or modification is sought to be enforced. No waiver by either party of any breach'of any of the covenants or conditions .herein contained shall be construed as a waiver - of any succeeding .breach of the same or of any other covenant or condition. (17) The headings,used: herein are for convenience' only and shall not impact the interpretation- of this Agreement. [Signature Page to Follow] Page-4 Genesis Pipeline Texas, L.P. West Columbia to Webster 8 inch EXECUTF,D this 8th day of February 2021. REQUESTING PARTY: City of Friendsyood STATE OF TEXAS § COUNTY OF GALVESTON § gfh # This instrument was acknowledged before me on the day of $ br QC 202 y ftro, i (xb i r i , on behalf of City of Friendswood. My Commission Expires: Fe HEATHER VAN DINE otary Public in and for the State of Texas Notary ID #125690 0 6 My Commission Expires May 12. 2022 Angel Brothers Enterprises, LTD By: Name: _ Title: _viewo Pmigmt STATE OF TEXAS § COUNTY OF HARRIS § �This instrument was acknowledged before me on the day of ftor 242j! by QZ. on behalf of Angel Brothers Enterprises, LTD My Commission Expires: Notary Public in and for the State of Texas IiEATHERVAN TINE (Votary ID #I25M20-6 i y Cumrnisslon Expires MEly 12. 202 Signature Page Genesis Pipeline Texas, L.P. West Cotumbia to Webster 81nch GENESIS PIPELINE TEXAS, L.P., By: GENESIS ENNI:C, Its General Partner By: Z EII�� Karen Pape Controller and Senior Vice President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the �✓ day of ! l hl( UL14. 202X by Karen Pape, Controller and Senior Vice President of GENESIS ENERGY, LLC, the sole Partner of Genesis Pipeline Texas, L.P., a Delaware limited partnership, on behalf of said partnership. My Commission Expires: Nqjary Public in and for the State of Texas ELIZABETH W. PRINCE s;4; ,Notary Public. State of Texas Z Comm. Expires 02-20-2023 Notary ID 178952 Signature Page Melinda Welsh From: Heather R. Van Dine Sent: Thursday, March 4, 2021 11.21 AM To: Melinda Welsh Cc: Michelle A. Perez Subject: Friendswood Lakes Blvd. Consent Attachments: Friendswood Lakes Blvd Consent to Use Easement Area.pdf Melinda, Please include this agreement with previous agreements for Friendswood Lakes Boulevard. Heather Van Dine, TRMC Office Manager Engineering Department 281-993-3411 City of Friendswood 15355 Blackhawk Blvd. Friendswood, Texas 77546 f %F A in 9 www.friendswood.com