HomeMy WebLinkAboutContract 43366 (2)CITY SECRET/LeCoMACT
AGREEMENT REGARDING PIPELINE RELOCATION
This Agreement Regarding Pipeline Relocation (this "Agreement") is made effective as
of the iq-e` day of 2� fy and between A-S 104 TI M i s ERLAND TOWN
CENTER, L.P. ("Developer") and the CITY OF FO T WORTH, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "City").
WITNESSETH:
WHEREAS, Developer and the City intend to enter into a Community Facilities
Agreement (the "CFA") relating to the construction and completion of, among other items,
various roadway sections and related infrastructure along North Beach Street and Timberland
Boulevard (the "Project").
WHEREAS, in order to complete the Project, it is necessary to relocate a portion of
pipeline and related facilities (collectively, the "Pipeline") constructed pursuant to that certain
Pipeline Easement and Right of Way (the "Pipeline Easement") dated on or about August 20,
2004, executed by and between North Tarrant 226 Joint Venture, as grantor, and Antero
Resources Pipeline, L.P. ("XTO"), as grantee, and recorded in the Official Public Records of
Tarrant County, Texas, under Clerk's File No. D204284150.
WHEREAS, XTO, the current owner of the Pipeline, has provided to the Developer and
the City an estimated cost to relocate the Pipeline and has agreed to relocate the Pipeline in order
to allow the completion of the Project, provided that the Developer and the City reimburse to
XTO all costs and expenses incurred by XTO in relocating such Pipeline.
WHEREAS, the Developer and the City have agreed to share, on the basis hereinafter
provided, the cost of relocating the pipeline in order to complete the Project.
NOW THEREFORE, for and in consideration of the covenants, restrictions and
agreements contained herein, TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged and
confessed, Developer and the City do hereby agree as follows:
1. The Developer and the City agree to share, on the basis hereinafter provided, the
cost of relocating the Pipeline in order to complete the Project. At such time as the Developer
receives an invoice from XTO for the costs and expenses incurred by XTO in relocating the
Pipeline, the Developer shall promptly pay such invoice and provide the City a copy thereof.
Within thirty (30) days after the later to occur of (x) the City's receipt of such invoice, or (y) the
execution and delivery of the CFA by the City and the Developer, the City shall reimburse to the
Developer an amount equal to seventy-one percent (71 %) of the total amount reflected by such
invoice.
2. Neither this Agreement nor any term or provision hereof may be changed,
waived, discharged, amended or modified orally, or in any manner other t1,an_byiaainstrument in
12
PO 4
56 IN
1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
writing signed by all of the parties hereto. This Agreement may be executed in separate
counterparts each of which shall be deemed an original but all of which together shall constitute
but one agreement. If any party hereto shall bring any suit or other action against another for
relief, declaratory or otherwise, arising out of this Agreement, the losing party shall pay the
prevailing party's reasonable costs and expenses, including such sum as the Court may determine
to be a reasonable attorney's fee. This Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Texas.
[ THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURES AND ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES.
2
DEVELOPER:
AnS 104 TIMBERLAND TOWN CENTER, L.P.,
a Texas limited partnership
By: AaS 104, L.C.,
a Texas limited liability company
its general partner
By:
Name: Jay .Sears
Title: Manager
THE CITY:
THE CITY OF FORT WORTH
By.
Name: Fernando Costa
Title: Assistant City Manager
Approved as to Form & Legality:
,t.
v455ri5
Attest:
City Attorney
J. Kayser, City Secreta
3
— Jay
- it(
,,e4cr
,00000
47 0 6
ov
idAw
PI Ira tv,
Q
o
0000Go° .4'
M&C Review
CITY COUNCIL AGENDA
DATE:
CODE:
SUBJECT:
anIrIZOMMI-Di.en. .
Page 1 of 2
Official site of the City of Fort Worth Texas
FORT WORT II
COUNCIL ACTION: Approved on 6/14/2011 -19738-06-2011
6/14/2011 NO.:
C
REFERENCE
TYPE:
lye
C-24979
NON -
CONSENT
LOG NAME:
PUBLIC
HEARING:
20SHOPS AT TIMBERLAND
RELOCATION AGREEMENT
NO
Authorize the Execution of an Agreement Regarding Pipeline Relocation with A-S 104
Timberland Town Center, L.P., with City Participation in an Amount Not to Exceed
$85 000.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the
Transportation impact Fee Fund by the amount of $85,000.00, from available funds, and
2. Authorize the City Manager to execute an Agreement Regarding Pipeline Relocation with A-S 104
Timberland Town Center, L P., with City participation in an amount not to exceed $85,000.00.
DISCUSSION:
A-S 104 Timberland Town Center, L.P., (Developer) and the City intend to enter into a Community Facilities
Agreement relating to the construction of a portion of Timberland Boulevard east of North Beach Street.
Timberland Boulevard is identified as a future four -lane major arterial in the City of Fort Worth Master
Thoroughfare Plan.
To complete the project, it is necessary to relocate a portion of gas pipeline and related facilities. XTO, the
current owner of the pipeline has provided the Developer and the City an estimated cost not to exceed
$120,000.00 to relocate the pipeline, provided that all costs and expenses are reimbursed. The Developer
will pay the costs for relocation and the City will reimburse the Developer according to the terms of the
Pipeline Agreement up to $85,000.00. Funds are available from Transportation Impact Fund Revenues
from Service Area D, as authorized under Section 1-7 of the Transportation Impact Fund Ordinance (No.
18083-05-2008).
The Transportation and Public Works Department has reviewed the proposed pipeline route and has no
objections The pipeline is not running through residentially zoned and used property.
This pipeline relocation is located in COUNCIL DISTRICT 2, Mapsco 22B.
FISCAL 1NFORMATIONICERTIFiCATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Transportation Impact Fund.
TO Fund/Account/Centers
1) C206 488139 061249991400 $85,000.00
1) C206 541200 061249991400 $85.000.00
•
FROM Fund/Account/Centers
2) C206 541200 062230154772 $85.000.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
http://apps.efwnet.org/council_paeket/mc_review.asp?ID=15267&councildate=6/14/2011 8/18/2011
M&C Review
Oriainatina Deaartment Head:
Additional Information Contact:
Douglas W. VViersig (7801)
Debbie Wilhelm (2481)
ATTACHMENTS
20SHOPS AT TIMBERLAND MAP odf
20SHOPS AT TIMBERLAND RELO AGRMNT AO11.doc
Page 2 of 2i
http://apes.efwnet.org/council packet/mc_review.asp?ID=15267&councildate=6/14/2011 8/18/2011