City Council

PERMIT TO ENCROACH

STATE OF LOUISIANA

PARISH OF CADDO

BE IT KNOWN, on the dates herinbelow written before the undersigned authority, a Notary Public, dully commissioned and qualified in and for the said Parish, personally came and appeared

THE CITY OF SHREVEPORT, a municipality of the State of Louisiana, who’s mailing address is 505 Travis Street, Shreveport Louisiana, 71101, herein represented by Cedric B. Glover, Mayor, hereinafter referred to as Grantor.

which declares that it does hereby grant unto:

PETROHAWK ENERGY CORPORATION, with an address of 1000 Louisiana, Suite 5600, Houston, TX 77002, hereinafter referred to as Grantee.

A right of temporary encroachment in and to a portion of the public right of way (Clyde Fant Memorial Parkway, Southern Extension) located in the East ½ of Section 15, Township 17N, Range 13W, which is owned by the City of Shreveport, more particularly described as follows:

(See letter and plat attached hereto)

It is expressly understood and agreed that the rights herein granted include the right to lay a water line on the surface of the aforementioned portion of land owned by the City of Shreveport in accordance with terms of the letter referenced above. Further, it is expressly understood and agreed that the rights herein granted include the right to use and occupy the area of the public property to the extent specified herein and that no additional improvements shall be constructed on said property. At the overhead crossing of the main entrance to Hamel Memorial Park, said overhead crossing shall have a minimum clearance of fourteen (14’) feet. Use of the right of way herein described is contemplated to be for a period of 12 days. Should the use exceed 30 days from installation date, a renewal of this permit shall be required under identical compensation and use conditions as the original term.

It is further understood and agreed that Grantee will terminate the encroachment and remove the improvements placed by them upon the request of the City of Shreveport, if and when the City of Shreveport shall determine that a need exists for the public use of the area of the encroachment or a portion thereof. The removal of the improvements shall be at Grantee’s (or the successor owner’s) expense and in an expeditious manner.

It is further understood and agreed that the City of Shreveport shall not be liable for any injury or damage to any person or property occasioned or caused in any manner as a result of the use and occupation of the portion of public property over which this right of encroachment has been granted. Grantee further agrees to defend, indemnify and hold the City of Shreveport harmless from any and all action, demands, claims, damages or causes of actions from personal injury, property damage or both which may be asserted by any person, firm or corporation arising out of the use or conditions of the portion of the public property upon which this encroachment as been granted.

This permit of encroachment is granted in consideration of the payment by Grantee to the City of Shreveport the sum of $14,604.00, the receipt of which is hereby acknowledged.

Grantee shall not, without the express written consent of the City of Shreveport, assign this permit or any interest hereunder. Any such consent by the City of Shreveport shall not be unreasonably withheld. Any consent which the City of Shreveport may give for an assignment shall not destroy this provision, and later assignments shall be made likewise only with the prior consent of the City of Shreveport expressed in writing. In the case of such permitted assignment, the assignee shall become directly liable to the City of Shreveport for any obligations of Grantee hereunder.

THUS DONE AND PASSED before me, Notary Public, and the undersigned competent witnesses, this _______day of _______________, 2009.

WITNESS: CITY OF SHREVEPORT:

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By: Cedric B. Glover

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NOTARY PUBIC