HomeMy WebLinkAbout46-04 RESOLUTIONRESOLUTION NO. 46-04
A RESOLUTION TO APPROVE AMENDMENT NO. 1
TO THE ENGINEERING SERVICES CONTRACT WITH
FUN GROUP, INC. IN THE AMOUNT OF $4,000.00
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 Amendment No. 1 to the Agreement For Engineering Services with RJN Group,
Inc. in the amount of $4,000.00 as attached as Exhibit A.
PASSED and APPROVED this the 6th day of April, 2004.
By:
744014-40
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
*
AMENDMENT NO. 1
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
RJN GROUP, INC 5 DALLAS, TEXAS
WHEREAS, On July 15, 2003 the City of Fayetteville, Arkansas (Fayetteville) and RJN
Group, Inc , of Dallas, Texas (RJN ) entered into an agreement for engineering services
in connection with the Wastewater System Improvement Project, and in particular the
Westside Collection System Improvements (Project). The scope of these services
included the final design and bidding phases, and
WHEREAS, RJN has proceeded with these services in accordance with the scope set
forth in the agreement, and
WHEREAS, Fayetteville requests that the scope of RJN's services be amended to
accommodate a new interceptor sewer line alignment from the west right-of-way line of
Highway 112 to the west limits of Springwoods Subdivision, said changes to conform
with the arrangements set forth in "INTERCEPTOR SEWER RE-ALIGNMENT-
SPRINGWOODS SUBDIVISION"; and
WHEREAS, RJN agrees to provide the amended scope of services for a lump sum fee
increase of $4,000.00;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Fayetteville and RJN, the parties hereto, stipulate and agree that the
Agreement for Engineering Services dated July 15, 2003, is hereby amended in the
following particulars:
SECTION 3 -ADDITIONAL SERVICES OF ENGINEER
SECTION 3, 2.2.1 -Revisions to drawings, specifications or other documents made
necessary by adjustments in the City of Fayetteville's program, more specifically:.
The redesign of the proposed interceptor sewer line, beginning at the west right-of-way
line of Highway 112 and continuing across the north and west boundary of Springwoods
Subdivision in the City of Fayetteville in accordance with the communications and
agreements relating to said interceptor sewer alignment change, including the agreement
titled "INTERCEPTOR SEWER RE-ALIGNMENT-SPRINGWOODS
SUBDIVISION", attached to and made a part of this amendment.
SECTION 6 -PAYMENTS TO ENGINEER is amended to read as follows:
For the scope of services set forth in the final design phase described herein, plus the
additional services set forth in Amendment No. 1 for $4,000.00, Fayetteville shall pay
RJN the amended lump sum amount of TWO MILLION, THREE HUNDRED
EIGHTY-SEVEN THOUSAND, FOUR HUNDRED SIXTY-THREE UNITED
STATES DOLLARS (US $2,387,463.00).
All other provisions of the original agreement remain in full force and effect.
IN WITNESS WHEREOF, the patties hereto have caused this Amendment to be duly
executed this (DOA day of , 2004.
CITY OF FAYETTEVILLE ARKANSAS RJN GROUP, INC.
By: By: m
Dan oody Hugh M. Kelso
Mayor
ATTEST:
9104,44)
Sondra ,mith
City Clerk
cAmAtt,
Regional Vice President
ATTEST:
Jele—a2V--
•
INTERCEPTOR SEWER RE-ALIGNMENT-SPRINGWOODS SUBDIVISION
Fayetteville, Arkansas
THIS AGREEMENT, made and entered into the (Ocktt day of --14—±"
2004, by and between the CITY, OF FAYETTEVILLE, County of Waslungton, 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 Basement 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 comer, thence
•
continue southerly along the west property line to a distance of approximately
1816.06 fed to a property corner, 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 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 comer 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 easement 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, 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 acsessments 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 nght 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 554- DAY OF reez, 2004 BY LEGACY PROJECT,
LLC LEGACY PROJECT, LLC , an ARKANSAS limited liability company.
By: Chi • Attest:
H. CO
mber
EXECUTED DAY OF , 2004 BY Ci F
FAYE'TTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, a
municipal corporation.
By: Attest:
DAN COODY, Mayor
3
SONDRA SMITH, City Clerk
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WARRANTY DEED
1.914CSAI. C04P01(ATIC4/
BE IT KNOWN BY THESE PRESENTS:
THAT the CITY OF FAYETTEVILLE. ARKANSAS, • isseniciPal cor-
poration. rose awns its called GRANTOR. Ice and In consideration of the gum
of OnettruidnxI Dollar (1100.00) and orbs 900d and Vl1111.01316 considarition,
Ins 1410eipt Of *Nth is horsey acknowledged, dose hereby 9, ani. bargain- NA
Ana convey unto Leroy Protect, LLC. on Arkansas BMW lablay
corporsdon. hereinsfter called GRANTEE. and unto Grantee's afroceseces
antl ssetgow. MO tollowing 0544.01:461 land rated In Ilka County d
Washington. Stale of Arkansas. to -wit
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m•2003-00063089
PROPIER1*Y DESCRIPTION:
A oart of Aston 13. ToveneNp 17 Honk Range 30 Waal. and criong more panialarly osecroid t lokrat. to -et
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theel011South 87° 172C East 130.00lest. thence South 02'23 10`bilert 2400.0elloot Oat. South Or 21' ir Sat los0.2) hat swim
Sown or 25' 45- Wass 32599 Net taloa South 87' 21 Ur Ent 060.00 Net thence North 02 27 51° East 372.110; fleas 80101 sr
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Nonn 34' 27 ir 922.501•41
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North 34' 22 23- East D49.12 Hst
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and Grantee's suorAnects and seism fonwet And the said EIS haat" oraviammla Wel It la Iffetrild. ssland
of rid lands SO prim; Owl the we Is tosnournbend, and Mal the Ocenktr will hose and and dare"
Its Oa* to the said lands egelnort MI Seed Selina whetrimw.
•
Foe Number: 200200063061 2042
Wonanfy Wed
Cow oi Fr/renew - Looney Fronk& LLC
Page 2 of 2
WITNESS Ow rionullon honor on It* At IS Ow of •-.2eatwerfor°16- 2003
CITY OF FAYETTEVILLE, ANKANEAK.
• MISSES
BY:
D CCWIY. MOVOI
dz7ii
Wad)
STATE OF ARKANSAS
COUNTY OF WASalitiGT014
ACKNOWLEDGMENT
GE rt REMEMBERED. Mal on this dela. Wore 11e IMX10,111•1•0. • Si, commissioned and =Wm Noisy
Pubic weirs one for ISO County oncl SSW pemonetly solpssmd Dan Coady sod Sondra Swat to am We MIMS
as Me pawns *no exisouled Ow folopoIng document lend *to Naiad and scanorlsdasd OW they sea We lawn
and Cky 0•4 a the City cd FayedevEM, Ana • wassialpel cietponabis, arid elaW stAhorbid In Wale
nsepscams cepectss to oxscuW Ns brogans Inobunianl for ancl In IS name ant/ Shell ol said unsnicipel
asrporsika and further Naiad and wimosledged the! tiny had so Nowt erecuied end delivand 4841 Ineumers
lot We coo...intim urn and Gotaacan Daman SOS" S MSc
WITNESS my hand and melon Ws /9 day of frecteenneser 2003.
Nakey Pablo
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
a
Resolution No. 46-04
w/Amendment #1
Document
1
03/15/04
memo to mayor & city council
2
draft resolution
3
copy of proposed Amendment #1
4
03/17/04
Staff Review Form
5
04/09/04
memo to Greg Boettcher
NOTES:
•
• 111109
Nei
Srifljderldm#11/
(.4)44
City Council Meeting of April 6, 2004
CITY COUNCIL AGENDA MEMO
To:
Thru:
From:
Date:
Mayor and City Council
Hugh Earnest, Chief Administrative Officer
Greg Boettcher, Water/Wastewater Director
March 15,2004
Subject: Resolution approving contract Amendment No. 1 with RJN Group for
redesign of interceptor sewer line at Springwoods Subdivision
RECOMMENDATION
Fayetteville City Administration recommends approval of contract Amendment No. 1 in
the amount of $4,000.00 to the July 15, 2003 agreement with RIN Group, Inc of Dallas,
Texas.
BACKGROUND
The City of Fayetteville and Legacy Project LLC entered intoga 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 alternative interceptor sewer alignment across Springwoods Subdivision
found the change to be a benefit in terms of environmental, operational and future
accessibility factors In terms of project costs, the revised alignment was found to create
the following impacts upon the sewer line project's budget:
CONSTRUCTION COST INCREASE
ENGINEERING RE -DESIGN
ENVIRONMENTAL DELINEATION
MISCELLANEOUS ADMINISTRATIVE
SUB -TOTAL
CONTINGENCY
MAXIMUM PREDICTED COST
$115,000.00
4,000.00
5,000.00
3,000.00
$127,000.00
23 000.00
$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.
Amendment no.1 for the RJN Group agreement is necessary for the new engineering
design to be completed. A copy of RJN Group Amendment No. 1 is attached for
reference.
BUDGET IMPACT
The $4,000.00 in increased engineering design 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 AMENDMENT NO. 1
TO THE ENGINEERING SERVICES CONTRACT WITH
RJN GROUP, INC. IN THE AMOUNT OF $4,000.00
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 Amendment No. 1 to the Agreement For Engineering Services with RJC Group,
Inc. in the amount of $4,000.00 as attached as Exhibit A.
PASSED and APPROVED this the 6th day of April, 2004.
ATTEST:
By
SONDRA SMITH, City Clerk
By:
APPROVED:
DRAFT
DAN COODY, Mayor
,
AMENDMENT NO. 1
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
RJN GROUP, INC., DALLAS, TEXAS
WHEREAS, On July 15, 2003 the City of Fayetteville, Arkansas (Fayetteville) and KIN
Group, Inc , of Dallas, Texas (RJN) entered into an agreement for engineering services
in connection with the Wastewater System Improvement Project, and in particular the
Westside Collection System Improvements (Project). The scope of these services
included the final design and bidding phases, and
WHEREAS, RJN has proceeded with these services in accordance with the scope set
forth in the agreement, and
WHEREAS, Fayetteville requests that the scope of RJN's services be amended to
accommodate a new interceptor sewer line alignment from the west right-of-way line of
Highway 112 to the west limits of Springwoods Subdivision, said changes to conform
with the arrangements set forth in "INTERCEPTOR SEWER RE-ALIGNMENT-
SPRINGWOODS SUBDIVISION"; and
WHEREAS, RJN agrees to provide the amended scope of services for a lump sum fee
increase of $4,000.00;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Fayetteville and RJN, the parties hereto, stipulate and agree that the
Agreement for Engineering Services dated July 15, 2003, is hereby amended in the
following particulars:
SECTION 3 -ADDITIONAL SERVICES OF ENGINEER
SECTION 3, 2.2.1 -Revisions to drawings, specifications or other documents made
necessary by adjustments in the City of Fayetteville's program, more specifically:
The redesign of the proposed interceptor sewer line, beginning at the west right-of-way
line of Highway 112 and continuing across the north and west boundary of Springwoods
Subdivision in the City of Fayetteville in accordance with the communications and
agreements relating to said interceptor sewer alignment change, including the agreement
titled "INTERCEPTOR SEWER RE-ALIGNMENT-SPRINGWOODS
SUBDIVISION", attached to and made a part of this amendment.
•
SECTION 6 -PAYMENTS TO ENGINEER is amended to read as follows:
For the scope of services set forth in the final design phase described herein, plus the
additional services set forth in Amendment No. 1 for $4,000.00, Fayetteville shall pay
RJN the amended lump sum amount of TWO MILLION, THREE HUNDRED
EIGHTY-SEVEN THOUSAND, FOUR HUNDRED SIXTY-THREE UNITED
STATES DOLLARS (US $2,387,463.00).
All other provisions of the original agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed this day of , 2004.
CITY OF FAYETTEVILLE ARKANSAS RJN GROUP, INC.
By: By:
Dan Coody Hugh M. Kelso
Mayor Regional Vice President
ATTEST: ATTEST:
Sondra Smith
City Clerk
•
INTERCEPTOR SEWER RE-ALIGNMENT-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. ft 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 eacement 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 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 comer 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 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, 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 conidor, 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 inunediately 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 gitt DAY OF Es. 2004 BY LEGACY PROJECT,
LLC LEGACY PROJECT, LLC an ARICANSAS limited liability company.
•
H. CO
Attest:
mber
EXECUTED DAY OF , 2004 BY Ci F
FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, a
municipal corporation.
By: Attest:
DAN COODY, Mayor
3
SONDRA SMITH, City Clerk
Saw na Item
sae... No SISSY
••••••• No pe laSS
ems !MP SISS
.00.
WARRANTY DEED
wan. COP POIRAT ION
BE IT KNOWN BY THESE PRESENT S:
THAT the CITY OF FAYETTEVALE, ARKANSAS, • municipal ar-
poretion, smatter called GRANTOR. for and In consideration of the leall
of One -hundred Dollar (1100.00) and Other good boa valable conekleralka.
Me receipt of *Nth is hereby acknowledged, dote henay Went. allialt all
and convey unto Leroy Palacio LAC an Adana alNd iteally
<Pouters. hereinafter called GRANTEE, and unto Grordas succernora
and Haat Me foltcanft dearlited land Ousted In 11* County or
Washington* Ste* ol Aransas, to-velt
Wenber 202X0207D51 2
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rii,2003-00063089
PROPERTY DESORPTION:
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F pie Number: 200300063061 2 of 2
Moony Dodd
Car ot Fenewnole Loewy Project. LLC
Pace 2 of 2
WITNESS fle execution honor on thIe t Wry of •L-RestetnnicrelP 2003
0.1
COY OFFAYETTEVILLE, notKAMSAS.
• l"...14Per
BY: 4Z2d
Dan Coady. Mayor
Mash
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
OIL
• Be ET REIADASF_RED. MS on this dais before the undersigned, a duty conweerkeed and acting limey
Pteha ler ana for NMI GRIMY lend m.s pentnelly appeered Dere Coady end Ilendre tlea to am nee foam
se Pm peaces who executed the forepoIng deotaneft and We eland end edtnoaledpod thet 61111/ SO the Meyer
and Ply Clerk of Me OW a/ Wayelfsee, Areasess, • awfidelpel oorponGok mid am Rey eMhothed b re
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WITNESS my hand and wet on Ns / /9 dm of frnenneie t man
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