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Home My WebLink About45-04 RESOLUTIONRESOLUTION NO. 45-04 A RESOLUTION TO APPROVE AN AGREEMENT WITH LEGACY PROJECT, LLC FOR INTERCEPTOR SEWER REALIGNMENT FOR SPRINGWOODS SUBDIVISION WHEREAS, a new interceptor sewer needs to be constructed within the Springwoods Subdivision at a different location than originally planned because of Legacy Project, LLC's request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Interceptor Sewer Realignment for Springwood Subdivision agreement as attached as Exhibit A in which the City agrees to relocate the original site of the interceptor sewer in consideration of Legacy Project LLC's agreement to pay the City's relocation expenses up to the maximum projected cost of $150,000.00. PASSED and APPROVED this the 6th day of April, 2004. By: SONDRA SMITH, City Clerk By APPROVED: DA COODY, Mayor t INTERCEPTOR SEWER RE-ALIGNMENT-SPR1NGWOODS SUBDIVISION Fayetteville, Arkansas THIS AGREEMENT, made and entered into the (p1-14 day of 2004, by and between the on OF FAYETTEVILLE, County of Washington, State of Arkansas (hereafter called FAYETTEVILLE), and LEGACY PROJECT, LLC, an Arkansas limited liability company, and/or its assigns (hereafter called LEGACY) WITNESSETH THAT: WHEREAS, Fayetteville by an agreement executed on May 6, 2003 agreed to convey and deed property as described in Exhibit "A" hereof and generally located on the north side of Interstate 540, situated in the City of Fayetteville, Washington County, Arkansas, containing approximately 289 acres of land, more or less, being subject to specific stated terms and conditions; and WHEREAS, pursuant to the stated terms and conditions of said agreement; Item 16, the following provisions are made: "Reservation of Public Streets. Right -of -Ways. Utility Easements and Temporary Construction Easements A new waste water treatment facility project is currently in the preliminary stages of design and construction for the City of Fayetteville. As part of that project many new wastewater collection systems will be installed around the city and a large gravity main is planned for the north side of Clabber Creek across this property from East to West. It is therefore understood that, as part of this conveyance, Legacy Project will convey to the City of Fayetteville, at no cost to the city and on forms to be provided by the City of Fayetteville or their designee, a permanent Water/Sewer Easement of 40 foot width parallel to and south of the planned extension of Truckers Drive and any alignment adjustments as mutually agreed and a Temporary Construction Easement of 150 foot width south of the permanent easement, along with the right of ingress and egress across the property to facilitate construction. The Temporary Construction Easement shall terminate upon completion of the initial construction of the sewer main The City of Fayetteville agrees to maintain a periodic consultation with Legacy Project as to the desirable and necessary design location of this proposed sewer main sewer line. Existing public streets, rights-of-way and easements shall remain public and be available for public use"; and WHEREAS, Legacy has completed a development plan for the land that proposes an alternative reservation of public streets, right-of-ways, utility easements and temporary construction easements from that set forth in the aforementioned Section 16 of the May 6, 2003 agreement; and WHEREAS, Fayetteville finds the modification of the original alignment of the proposed interceptor sewer line to be in the best public interest; NOW THEREFORE, Fayetteville and Legacy agree to the following modified terms and conditions for Section 16 of the May 6, 2003 agreement: 1. Legacy shall grant to Fayetteville a 50 -foot wide permanent utility easement along the north and west property lines of the previously described 289 acre tract, the extent of said easement to be generally described as follows: Beginning at the northeast corner of the tract, 2,885 and running thence westerly along the north property line a distance of approximately 2,885 feet to a property corner, thence • continue southerly along the west property line to a distance of approximately 1816.06 feet to a property comer, said property comer representing the end of said 50 foot wide permanent utility strip along the perimeter of said 289 acre tract of land. In addition to a 50 -foot wide permanent utility easement, Legacy shall grant to Fayetteville a 100 -foot wide temporary construction easement, said 100 - foot to be in addition to and parallel with the previously described 50 -foot permanent eagement inside said property. 2. Legacy shall secure easement grants to the City of Fayetteville a 50 -foot wide permanent utility easement and a minimum 50 -foot wide temporary construction easement between the northeast comer of the 289 acre tract of land and the east right-of-way line of Arkansas State Highway 112, said easement being generally described as follows: Beginning at the northeast corner of the 289 tract of land, and running thence easterly parallel with the north property line as distance of approximately 1,117 feet to the west right-of-way of Arkansas State Highway 112, said intersection of the property line with the right-of-way line marking the end of said easement. This easement will provide a continuous and linear alignment for the proposed interceptor sewer line from the west right-of-way line of Arkansas State Highway 112 to the northwest comer of the 289 acre tract. 3. Fayetteville, upon receipt of all necessary easement documents from Legacy for the above-described continuous utility corridor, shall release Legacy from the right-of-way street, utility easement and temporary construction easement requirements set forth in Section 16 of the May 6, 2003 agreement. It is to be clearly recognized, acknowledged and agreed that the easement acquisition required of Legacy involves voluntary negotiations with other private interests whose participation is not assured Should Legacy, through no fault of its own, be unable to secure a continuous easement corridor, the original agreement terms, set forth in Section 16 will remain valid. 4. Legacy agrees and covenants to fidly compensate Fayetteville for any and all increased project costs associated with the re -alignment of the proposed interceptor sewer line from the onginally proposed routing. Increased costs may include, but not be limited to; increased excavation costs, added rock removal costs, engineering costs, abandoned design costs, increased manhole depths, additional environmental analysis, expanded historical/cultured resource survey work and other costs directly attributed to changing the alignment of the interceptor sewer line from its originally approved routing. Legacy's financial obligations under this provision will be based upon actual increased costs; however, in no case shall the total financial obligation to Fayetteville exceed one - hundred fifty thousand dollars ($150,000.00). The costs of right-of-way acquisitions by Legacy will be the sole cost of Legacy and are not a component of the $150,000.00 financial obligation. 5. Legacy agrees to complete the off-site right-of-way acquisition in a prompt and expedient manner, with the necessary right-of-way documents to be delivered to Fayetteville within sixty (60) calendar days from the date of this agreement. If at the end of the 60 -day period, Legacy has not produced the continuous right-of- way corridor, and Fayetteville has not granted a formal, written extension of time for such task, the approval of the re -alignment by Fayetteville shall become null and void, with the provisions of Section 16 in the May 6, 2003 agreement 2 . • • remaining in full force and effect. Furthermore, said default by Legacy shall obligate Legacy to fully reimburse Fayetteville for any and all costs incurred for the implementation of the new interceptor sewer line alignment, said stranded costs to have a ceiling of $150,000.00 as noted in the previous section. 6. Upon execution of this agreement by Legacy and Fayetteville, it is mutually understood and agreed that Fayetteville shall proceed immediately with the planning and design of the proposed interceptor sewer based upon the re- alignment. Actions that Fayetteville shall take, and for which Legacy may become accountable under default may include; engineering, surveys, test borings, plan development, drawing revisions, historical/cultural assessments and other project actions that are specific to the new alignment requested by Legacy. 7. Fayetteville shall maintain accurate records of authorizations, transactions and costs relating to the new alignment of the interceptor sewer line. As these costs are incurred, Fayetteville shall from time to time, but more frequently than once per month, submit requests for reimbursement to Legacy for costs incurred Legacy agrees and covenants to review, process and remit payments to Fayetteville within 30 calendar days after receipt of statement. Failure to pay amounts to Fayetteville in said 30 -day window shall grant Fayetteville the right to claim a late payment penalty of 6% of the principal amount of the statement for all time the statement remains unpaid. 8. A sketch of the original interceptor server line route and the proposed interceptor re -alignment is attached hereto and made a part of this agreement. Fayetteville and Legacy agree that this exhibit generally depicts the character and scope of this matter. 9. Any party of any other agreement in conflict with this agreement are repealed and amended as noted herein. All other provisions, not affected by this agreement remain in full force and effect The failure of Legacy to furnish the required right- of-way corridor within the specified time frame shall render Legacy in default, and void the terms of this agreement excepting these rights of cost recovery from Legacy granted to Fayetteville END OF AGREEMENT EXECUTED ON THIS etc DAY OF eib. 2004 BY LEGACY PROJECT, LLC LEGACY PROJECT, LLC, an ARkANSAS limited liability company. By: 4/ H. COL Attest: mber EXECUTED DAY OF , 2004 BY 0 F r ' FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, a , bc.`a-4•1E T TE municipal • • •••ration 4 By: DAN COODY, Mayor \ Attest: SONDRA SMITH, City Clerk " 3 k. /,.k• rf “\\\• • • • 1. our* nr• nu. al, nut See •••••• me Pa -- .w ••• 11•61•1111.14•13 PIPMP.Pe• In INIKC WARRANTY DEED TIUNICIPAT CORPORATION BE IT KNOWN BY THESE HRESE NT it THAT the CITY OF FAYETTEVILLE, ARICANSAS, a municipal car - Forams. natetnafter caned GRANTOR, for and In considandion 04 the sum of Onehundrod Dollar ($100.O0) snd other good ma valuable consideration, tne roCapt of which is twnstiy acknowledged. dose harebY betIMIK fl and convoy unto Logan Prefrael, LLC. an Arkansas MINH' WNW comedown. hereinafter called GRANTEE. and unto Granteee succempora and aseigne. Ma 'Wowing dissalbed lend &WNW In County of WeeNngton. 311*01 Arkansas, tomt 11211M1111111111111.11M Cr* ID: O5. fl 7n rt %Mira att. ow Iot? Vikeilia••••• Cleoinfl. bolt* has ninon Clan. 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NoW fl of said Sadlon 33 Norol err iff 24 Wen 2637.d0 Moo the Fond eleclralne cOntalning 230.27 soros more or Ma. sing subteal to ors �n and eonesnants 04mord., TO HAVE AND TO HOLD re said lands end Sri Sunsslos Worn rib re Mil Game mid Graraail wormeors end assigns forams. And mid Gesnor, snip coven MR It le Weft* Wiwi of said tem* and premises; that the snit Is umnournbered, and OW OM Grantor WS lbws warrant and dant ths ette to the sad WW1 NNW/SI Noel Malmo Whalarlw. • Numbs• 20030001E061 2 ot 2 f Warranty Dew, Gay oI Ftryentrynt, Lipsey Project. LLC Noe 2 ol 2 WITNESS the atecudon Woof on Mk At 44. dey ol ••29/Kaatrei•on- 2003 ...teL•4„ CITY Of YAKUT/MILLE., ARKA/MIAS, • BY: Den Coody, Mayor Sondra Small. Clay Clerk HMO ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEIABERED. OW on this Nilo before the undersigned, a duly cornaloned and scam Mowry Ravin Mean end tor aid County end Ma pereonelly emend Des Coody and Sondra Sala b m wee wows as lho pan rem execuma the lonycem document end who elablel end adtnowledged that day ase the Mare int City Clark a/ the CIty at feyetIrelle, •Sass, • owsoltIpal ceeporMloa. end we day wAhortzed Melt reap/tote tapecitwe to •IXOCUMI the foregoing Instrument tor and &t the nun* end Mahal cd ald ii ¼-' corporetIon, end lures Meted end gclunstledged thel they MO ao apnea execute/ end dialvsiod seal Inammant tor Ihe conaderanon. Wel and purposes then*, meraloned and eel lorlh. WITNESS my hand and seal on MN 70 dry cat ene'neade •••••CIAL Ma. W4lli•••41014 feu •••t• S 07-1742 ,.. d 1,, 4.4 • 1 :491s% -ev,1,4, is6:17, ":: 3an' • •.—. C• -maki,•••• JO 4.,Ptrali 1777 W . , At•e Writ" .. 410 'a I 'V .••• . • F L - , •ar—Tht. "Mr:73.-- Z NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No. 45-04 w/Agreement Document • 1 03/15/04 memo to mayor & city council 2 draft resolution 3 copy of proposed agreement 4 03/17/04 Staff Review Form 5 04/09/04 memo to Greg Boettcher NOTES: c5- • City Counciliteting of April 6,2004 / 4TP9 LaiAcy lcoitet seattr CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Hugh Earnest, Chief Administrative Officer From: Greg Boettcher, Water/Wastewater Director Date: March 15, 2004 Subject: Resolution authorizing execution of an agreement with Legacy Project LLC (Mr. H. Colins Haynes) relating to an altemative interceptor sewer line route for Springwoods Subdivision RECOMMENDATION Fayetteville City Administration recommends approval of the agreement with Legacy Project LLC for realignment of the inteceptor sewer line route.. BACKGROUND The City of Fayetteville and Legacy Project LLC entered into a real estate purchase and sale contract on May 6, 2003 relating to the 1-540 Business Park (now Springwoods Subdivision). Under the terms and conditions of this contract the City of Fayetteville reserved a specific utility corridor across this property for the future construction of an interceptor sewer line. As the developer finalized the development plan for this tract, the new layout and original interceptor sewer line route were found to be incompatible. This prompted the developer's request for a change in the interceptor sewer alilgnment across said tract, with the City of Fayetteville evaluating the feasibility of such change. DISCUSSION Analysis of an altemative interceptor sewer alignment across Springwoods Subdivision found the change to be a benefit in terms of environmental, operational and future accessibility factors M terms of project costs, the revised alignment was found to create the following impacts upon the sewer line project's budget: CONSTRUCTION COST INCREASE $115,000.00 ENGINEERING RE -DESIGN 4,000.00 ENVIRONMENTAL DELINEATION 5,000.00 MISCELLANEOUS ADMINISTRATIVE 3,000.00 SUB -TOTAL $127,000.00 CONTINGENCY 23 000 00 MAXIMUM PREDICTED COST $150,000.00 • • City Council Meeting of April 6, 2004 The predicted increased costs of $150,000.00 were communicated to the developer with the understanding the developer will be responsible for actual costs, up to this amount, if the alignment is revised. In addition, the developer was informed that responsibility for replacement easements will also be his sole responsibility, including negotiations, procurements and payments. Verbal agreement with such arrangements was provided by the developer. A formal agreement setting forth the explicit terms and conditions was developed, reviewed by the City Attorney and executed by the developer. This proposal was presented to the Fayetteville Water and Sewer Committee for consideration. Following review of the arrangements and a site visit, the committee recommended approval of the interceptor line change by the City Council. Initial concerns over environmental impacts have been resolved. All concerned parties have indicated the sewer alignment change to have positive benefits and support the planned realignment. A formal agreement between the City of Fayetteville and Legacy Project LLC has been developed to set forth terms, conditions and each party's respective responsibilities. The agreement has been reviewed by the City Attorney and executed by Legacy Project LLC. A copy of the agreement titled "Interceptor Sewer Re -Alignment -Springwood Subdivision" and a location map are attached for reference. BUDGET IMPACT The $150,000.00 of predicted additional costs will be initially paid from funds in the Program's Budget. Actual expenses, up to said amount, will be subsequently reimbursed to the City of Fayetteville by the developer (Legacy Project LLC) under the terms of the agreement. RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT WITH LEGACY PROJECT, LLC FOR INTERCEPTOR SEWER REALIGNMENT FOR SPRINGWOODS SUBDIVISION WHEREAS, a new interceptor sewer needs to be constructed within the Springwoods Subdivision at a different location than originally planned because of Legacy Project, LLC's request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Interceptor Sewer Realignment for Springwood Subdivision agreement as attached as Exhibit A in which the City agrees to relocate the original site of the interceptor sewer in consideration of Legacy Project LLC's agreement to pay the City's relocation expenses up to the maximum projected cost of S150,000.00. PASSED and APPROVED this the 6th day of April, 2004. ATTEST: By: SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor INTERCEPTOR SEWER RE-ALIGN1VIENT-SPRINGWOODS SUBDIVISION Fayetteville, Arkansas THIS AGREEMENT, made and entered into the day of 2004, by and between the CITY OF FAYETTEVILLE, County of Washington, State of Arkansas (hereafter called FAYETTEVILLE), and LEGACY PROJECT, LLC, an Arkansas limited liability company, and/or its assigns (hereafter called LEGACY) WITNESSETH THAT: WHEREAS, Fayetteville by an agreement executed on May 6, 2003 agreed to convey and deed property as described in Exhibit "A" hereof and generally located on the north side of Interstate 540, situated in the City of Fayetteville, Washington County, Arkansas, containing approximately 289 acres of land, more or less, being subject to specific stated terms and conditions; and WHEREAS, pursuant to the stated terms and conditions of said agreement; Item 16, the following provisions are made: "Reservation of Public Streets, Right -of -Ways, Utility Easements and Temporary Construction Easements A new waste water treatment facility project is currently in the preliminary stages of design and construction for the City of Fayetteville. As part of that project many new wastewater collection systems will be installed around the city and a large gravity main is planned for the north side of Clabber Creek across this property from East to West. It is therefore understood that, as part of this conveyance, Legacy Project will convey to the City of Fayetteville, at no cost to the city and on forms to be provided by the City of Fayetteville or their designee, a permanent Water/Sewer Easement of 40 foot width parallel to and south of the planned extension of Truckers Drive and any alignment adjustments as mutually agreed and a Temporary Construction Easement of 150 foot width south of the permanent enement, along with the right of ingress and egress across the property to facilitate construction. The Temporary Construction Easement shall terminate upon completion of the initial construction of the sewer main The City of Fayetteville agrees to maintain a periodic consultation with Legacy Project as to the desirable and necessary design location of this proposed sewer main sewer line. Existing public street; rights-of-way and easements shall remain public and be available for public use"; and WHEREAS, Legacy has completed a development plan for the land that proposes an alternative reservation of public streets, right-of-ways, utility easements and temporary construction easements from that set forth in the aforementioned Section 16 of the May 6, 2003 agreement; and WHEREAS, Fayetteville finds the modification of the original alignment of the proposed interceptor sewer line to be in the best public interest; NOW THEREFORE, Fayetteville and Legacy agree to the following modified terms and conditions for Section 16 of the May 6, 2003 agreement: 1. Legacy shall grant to Fayetteville a 50 -foot wide permanent utility easement along the north and west property lines of the previously described 289 acre tract, the extent of said easement to be generally described as follows: Beginning at the northeast corner of the tract, 2,885 and running thence westerly along the north property line a distance of approximately 2,885 feet to a property corner, thence 1 • continue southerly along the west property line to a distance of approximately 1816.06 feet to a property corner, said property corner representing the end of said 50 foot wide permanent utility strip along the perimeter of said 289 acre tract of land In addition to a 50 -foot wide permanent utility easement, Legacy shall grant to Fayetteville a 100 -foot wide temporary construction easement, said 100 - foot to be in addition to and parallel with the previously described 50 -foot permanent easement inside said property. 2. Legacy shall secure easement grants to the City of Fayetteville a 50 -foot wide permanent utility easement and a minimum 50 -foot wide temporary construction easement between the northeast comer of the 289 acre tract of land and the east right-of-way line of Arkansas State Highway 112, said easement being generally described as follows: Beginning at the northeast corner of the 289 tract of land, and running thence easterly parallel with the north property line as distance of approximately 1,117 feet to the west right-of-way of Arkansas State Highway 112, said intersection of the property line with the right-of-way line marking the end of said easement. This easement will provide a continuous and linear alignment for the proposed interceptor sewer line from the west right-of-way line of Arkansas State Highway 112 to the northwest corner of the 289 acre tract. 3. Fayetteville, upon receipt of all necessary easement documents from Legacy for the above-described continuous utility corridor, shall release Legacy from the right-of-way street, utility easement and temporary construction easement requirements set forth in Section 16 of the May 6, 2003 agreement. It is to be clearly recognized, acknowledged and agreed that the easement acquisition required of Legacy involves voluntary negotiations with other private interests whose participation is not assured. Should Legacy, through no fault of its own, be unable to secure a continuous encement corridor, the original agreement terms, set forth in Section 16 will remain valid. 4. Legacy agrees and covenants to fully compensate Fayetteville for any and all increased project costs associated with the re -alignment of the proposed interceptor sewer line from the originally proposed routing. Increased costs may include, but not be limited to; increased excavation costs, added rock removal costs, engineenng costs, abandoned design costs, increased manhole depths, additional environmental analysis, expanded historical/cultured resource survey work and other costs directly attnbuted to changing the alignment of the interceptor sewer line from its onginally approved routing. Legacy's financial obligations under this provision will be based upon actual increased costs; • however, in no case shall the total financial obligation to Fayetteville exceed one - hundred fifty thousand dollars ($150,000.00). The costs of right-of-way acquisitions by Legacy will be the sole cost of Legacy and are not a component of the $150,000.00 financial obligation. 5. Legacy agrees to complete the off' -site right-of-way acquisition in a prompt and expedient manner, with the necessary right-of-way documents to be delivered to Fayetteville within sixty (60) calendar days from the date of this agreement. If at the end of the 60 -day period, Legacy has not produced the continuous right-of- way comdor, and Fayetteville has not granted a formal, written extension of time for such task, the approval of the re -alignment by Fayetteville shall become null and void, with the provisions of Section 16 in the May 6, 2003 agreement 2 remaining in full force and effect. Furthermore, said default by Legacy shall obligate Legacy to fully reimburse Fayetteville for any and all costs incurred for the implementation of the new interceptor sewer line alignment, said stranded costs to have a ceiling of $150,000.00 as noted in the previous section. 6. Upon execution of this agreement by Legacy and Fayetteville, it is mutually understood and agreed that Fayetteville shall proceed immediately with the planning and design of the proposed interceptor sewer based upon the re- aligmnent. Actions that Fayetteville shall take, and for which Legacy may become accountable under default may include; engineering, surveys, test borings, plan development, drawing revisions, historical/cultural assessments and other project actions that are specific to the new alignment requested by Legacy. 7. Fayetteville shall maintain accurate records of authorizations, transactions and costs relating to the new alignment of the interceptor sewer line. As these costs are incurred, Fayetteville shall from time to time, but more frequently than once per month, submit requests for reimbursement to Legacy for costs incurred Legacy agrees and covenants to review, process and remit payments to Fayetteville within 30 calendar days after receipt of statement. Failure to pay amounts to Fayetteville in said 30 -day window shall grant Fayetteville the right to claim a late payment penalty of 6% of the principal amount of the statement for all time the statement remains unpaid. 8. A sketch of the original interceptor server line route and the proposed interceptor re -alignment is attached hereto and made a part of this agreement. Fayetteville and Legacy agree that this exhibit generally depicts the character and scope of this matter. 9. Any party of any other agreement in conflict with this agreement are repealed and amended as noted herein. All other provisions, not affected by this agreement remain in full force and effect. The failure of Legacy to furnish the required right- of-way corridor within the specified time frame shall render Legacy in default, and void the terms of this agreement excepting these rights of cost recovery from Legacy granted to Fayetteville. END OF AGREEMENT EXECUTED ON THIS 634- DAY OF re..6. , 2004 BY LEGACY PROJECT, LLC LEGACY PROJECT, LLC , an ARKANSAS limited liability company. • Attest: mber EXECUTED DAY OF , 2004 BY F FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, a municipal corporation. By: Attest: DAN COODY, Mayor 3 SONDRA SMITH, City Clerk Nose BO MI6 11110 Pee Ims •••••• SOSO .101•P ••• 111•4•0 ••••• OW PM MAIM WARRANTY DEED ituffittal. 0041.0111.11014 BE IT KNOWN BY THESE fr RESEW 6: THAT the CITY OF FAYETTEVILLE, AMAANSAB, • asurtactple dod• poralloo. natornelter calhd GRANTOR: fof and In camera:Icahn of Cy wm of Ontanundrod Dollar (*100.00) and other goad and valuable conahRattlen, me receipt of which is harrasy sanoraardped. does hardly Ward. bargain- 00a mac convey unlo Legacy Project, LAC, an Afklandall UMW MAD corporsdon. harsher's called GRANTEE. and unto Grants° socosors and Neaps. the follow4r0 thirerldad land attuned In the County of Washnjaco. 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And Ow NS Grantor. henday cot ems*, MN 1 is Stet seed of sad Janda and pradase; Ina the OM* la tannoumbswd. and dot the Grantor will 7011•1014 al and Oskrall the ne to Me nod lands nand 811149411 Wan vatelevar. " Foie Number: 2C0300063061 2o4 2 r • Warranty Deed Cay tot Fayette...OM • Legacy Protect. LLC Page 2 of 2 WITNESS the execution hens, on this 4, Osy of x..Theroarreirown- 2003 CITY OF FAYETTIWILLE, ARKMMAS, aimoolcipol doOki ;Jo.)Anxi.a.7 1 • , Sondra &oak City Clark BY; Dion Goody. Mayor STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT • BE IT REMEMBERED. OW co OW dole. before the undersigned. s duly commhoiconsd and aces Nary Pubic Wean and lor mid Coonly and MS, panamatly sppserad Dan Moody and Somas left la me wall ban Mr MO paten wen axaCuled the loologoire document nod Wm slated end sclowstedgml 1St Owy We thspre mai City Clark of the Cary of Fornalsveloo, Arfaamers, s mwelelps1 ocopersges, and a duly aulhodasd flDee reapers capecitms lo exacta* the foregoing koolnanara for and In the nano* mod bated of said municipel oorperadon, and further Salad and scknowNdged thM tory had w signet executed end dothrinal aldIMIMMat lot the condderadon us and purpose* Monan mailloned and aal Wet. WITtlette my hand and seer on Oils dry a en•-eleierneZ gam ‘1 • Noloory Roble "p‘V.......ott. kt.,4 . 9 ' • X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW I STA REVIEW FORM - FINANCIAL OBLIGAIIIN For the Fayetteville City Council Meeting of: April 6, 2004 • FROM: Greg Boettcher Name Water and Wastewater Division Water and Wastewater Department ACTION REQUIRED: Approval of Agreement with Legacy Project (H. Colins Haynes) regarding developer's request for a revised interceptor sewer alignment across Springwoods Subdivision. COST TO CITY: Agreement obligates Legacy Project LLC, the developer for Springwood Subdivision, to. reimburse the City of Fayetteville for the costs of interceptor sewer realignment up to predicted cost of $150,000.00 ($150,000.04( Cost of this request 6400. CP0-10 .41/44:10 .00 410 .91081%5715.00 Account Number 02133-0302 121,534,980.00 Category/Project Budget 10 (MRS -MSS 10,461,475.55 Funds Used to Date %It 015 00(4.ci S 111',G434544.45 Sales Tax -Wastewater Remaining Balance Fund Name Water/Wastewater Program Category / Project Name Wastewater System Improvements Program / Project Category Name BUDGET REVIEW. Budget Manager X Budgeted Item k_ 44(4 Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Acp t ng Ma PI City Atto ne jy/Lopt,/ Date 3/146/0 Date Purchasing Manager anjott Date Date STAFF RECOMMENDATION: Division Head 4 a' Depart ent Director 14( Finance & Internal Services Dir. Date ?-16. -04 Date -0 - Date Received in Mayor's Office Cross Reference: Previous Ord/Nes#: Orig. Contract Date: Orig. Contract Number: New Item: 3/i 7 Date ft Yes No • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Greg Boettcher Administration From: Clarice Buffalohead-Pearman City Clerk Division Date: April 9, 2004 Re: Resolution 45-04 Attached is a copy of the above resolution passed by the City Council, April 6, 2004, approving an agreement with Legacy Project, LLC for sewer realignment. I have also attached a copy of the agreement. This resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments Nancy Smith, Internal Auditor