HomeMy WebLinkAboutResolution 2020-036 Approving TWS Agreement El Paso Natural Gas CompanyEI Paso
Natural Gas Company
r a Kinder Morgan company
Tucson Division Office
Land Department
5151 E. Broadway Blvd, Suite 1680
Tucson, Arizona 85711
TEMPORARY WORK SPACE AGREEMENT
RE: El Paso Natural Gas Company L1007 Hydrotest MP 123 to MP 140 (AFE: 415157)
Water Tank Storage & Staging Area on Parcel No. 217-54-3350 in NW'/4 Sec 35, T11 S, RI I E
I, Ed Honea, Mayor of the Town of Marana (hereinafter called "Town") owner of the real property
commonly known as Pima County Tax Parcel No. 217-54-3350 in the NW'/4 of Section 35, within
Township 11 S and Range (the "Property"); for good and valuable consideration, the sufficiency and
receipt of which is hereby acknowledged, do hereby grant unto El Paso Natural Gas Company, LLC, its
contractors, subcontractors, agents, and employees ("EPNG") the right to use a 100' x 50' x 50' x 75'
area (3,750 sq.ft. or 0.09 acres) on the Property, in the location depicted on Exhibit "A," which area shall
constitute the "Temporary Work Space." The Temporary Work Space shall be utilized for the sole
purposes of parking vehicles, trailers and equipment, including water tanks, and for staging and storing
materials during the hydro -testing of EPNG's Line 1007 (the "Pipeline").
EPNG use of the Temporary Work Space shall begin with the first day that water tanks are set up
and stored on the property, and shall expire and terminate 60 days later, unless the Town agrees in writing
to extend the term of this Agreement.
EPNG shall indemnify and hold the Town harmless from any claim, damage, or expense to person
or property validly claimed under state or federal law which is directly caused by the negligence of EPNG,
its representatives, employees, contractors, or subcontractors in its use of the Temporary Work Space.
EPNG shall obtain and maintain during the entire term of this Agreement, Commercial General
Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate. The Commercial
General Liability policy shall be endorsed to name the Town as an additional insured. As an additional
insured, the Town shall be provided coverage for any liability arising out of operations performed in whole
or in part by or on behalf of EPNG. EPNG shall deliver one or more certificates of insurance and
endorsements evidencing the described coverage to the Town upon execution of this Agreement, prior to
using the Temporary Work Space.
Upon completion of construction, EPNG shall (a) restore the Temporary Work Space, to its pre -
construction condition or better; (b) have no further rights in and to the Temporary Work Space; and (c)
settle or correct damages to fences and/or other improvements, if any.
[Signature page follows]
00069621.DOCX /1 TRACT No: L 1007, TR 387
ACCEPTED AND AGREED TO:
By: Ed Honea, Ma or
For the Town of Marana (Property Owner)
Date:
00069621.DOCX /1
Kelley Sims, S for Land Agent
El Paso Natural Gas Company, LLC (EPNG)
Date: q/g-7 /g 6g.0
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