HomeMy WebLinkAbout47-04 RESOLUTION•
RESOLUTION NO. 47-04
A RESOLUTION TO APPROVE AMENDMENT NO. 1
TO THE ENVIRONMENTAL CONSULTING CONTRACT
WITH ECO, INC. IN THE AMOUNT OF $5,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby
approves Amendment No. 1 to the Agreement For Environmental Consulting with ECO,
Inc. in the amount of $5,000.00 as attached as Exhibit A.
PASSED and APPROVED this the 6th day of April, 2004.
BY: 4441mad
SONDFtA SMI4 City Clerk
By:
APPROVED:
AMENDMENT No. 1
TO
AGREEMENT FOR ENVIRONMENTAL CONSULTING
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS AND
ENVIRONMENTAL CONSULTING OPERATIONS,
BENTON, ARKANSAS
WHEREAS, On September 16, 2003 the City of Fayetteville, Arkansas (Fayetteville)
and Environmental Consulting Operations of Benton, Arkansas (ECO) entered into an
agreement for environmental consulting services in connection with the Wastewater
System Improvement Project, including as a part of the scope the West Side Collection
System Improvements (Project). Scope of services being provided includes
environmental consultant services related to various environmental permits, best
management practices for construction and wetlands mitigation activities; and
WHEREAS, ECO has proceeded with these services in accordance with the scope set
forth in the agreement, and
WHEREAS, Fayetteville requests that the scope of ECO'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, ECO agrees to provide amended scope of services on an hourly rate basis
with a not -to -exceed additional cost of $5,000.00.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Fayetteville and ECO, the parties hereto, stipulate and agree that the
Agreement for Environmental Consulting Services dated September 16, 2003, is hereby
amended in the following particulars:
SECTION 3 -ADDITIONAL SERVICES OF ECO
SECTION 31.2.1 -Revisions to drawings, specifications or other documents made
necessary by adjustments in the City of Fayetteville's program, more specifically:
The revised environmental evaluations and permitting modifications necessary to address
revisions to the West Side Collection System linprovements, particularly that segment of
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
1
•
SEWER RE-ALIGNMENT-SEPRINGWOODS SUBDIVISION", attached to and
made a part of this amendment.
SECTION 6 -PAYMENTS TO ECO is amended to read as follows:
For the scope of services set forth in the Final Design Phase Services of the original
agreement, plus the additional services set forth in Amendment No. 1 for $5,000.00;
Section 6.1.1.3 is changed as follows:
The total payment for the Basic Scope of Services described in Appendix A and
Amendment No. 1 are estimated to be, THREE HUNDRED EIGHTY ONE
THOUSAND FOUR HUNDRED NINE DOLLARS ($381,409.00). 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 4-,t-th day of fir , 2004.
CITY OF FAYETTEVILLE, ARKANSAS
By
Dan Coody, Mayor
ATTEST
Sondra Smith, City lerk
•-•-•-"JAYETre
lot to\)
2
ENVIRONMENTAL CONSULTING
OPERATIONS
By
Bruce Shackleford Presid
ATTEST
•
INTERCEPTOR SEWER RE-ALIGNMENT-SPRINGWOODS SUBDIVISION
Fayetteville, Arkansas
THIS AGREEMENT, made and entered into the day of
2004, by and between the CITY, OF FAYETTEVELLE, 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 ofFayetteville, 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, MEM -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 thp 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 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 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 a100 -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 eacement and a minimum 50 -foot wide temporary construction
easement between the northeast corner 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 easement corridor, the original agreement terms, set
forth in Section 16 will remain valid.
4. Legacy agrees and covenants to fiilly 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 historicaUcultured 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 penod, 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 Ibil 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 finnish 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 94- DAY OF a6. 2004 BY LEGACY PROJECT,
LLC LEGACY PROJECT, LLC, an ARRIANSAS limited liability company.
Attest:
mber
EXECUTED DAY OF , 2004 BY Ci'W, F
FAYETTEVILLE, 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
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BE IT KNOWN BY THESE I -RESENTS:
THAT the CITY OF FAYETTEVILLE. ARKANSAS, • rattelael con
potation. sr author cS4d GRAN1OR, for anct In coreldendlon of do sum
of One-hundrod Dag (3100 00) and othar goM1 and valuable consaratIon.
Me risen of which is heathy acknowledged, does May giant banal. eel
ancl caws unto Legacy Pratt 1.1.C. an Adams Paid MSS
corporation. herainatbsr called GRANTEE. and unto Orwtas succasors
and says1t tollang dadeflOad land edulitiltd 1 fl 1ha County of
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WITNE65 the =motion hereof on We At etc cby of •-.Thetiarride••••- 2003
CITY OF FAYETTINILLE. ARKANSAS.
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BY:
Dan Coady, Mayor
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STATE Of ARKANSAS
COUNTY Of WASHINGTON •
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NAME OF FILE:
CROSS REFERENCE:
Resolution No. 47-04
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:
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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
4/
Subject: Resolution approving contract Amendment No. 1 with Environmental
Consulting Operations for environmental analysis of alternative interceptor
sewer line route for Springwoods Subdivision
RECOMMENDATION
*tins cum AS
Fayetteville City Administration recommends approval of contract Amendment No. 1 in
the amount of $5,000.00 to the September 16, 2003 agreement with Environmental
Consulting Operations of Benton, Arkansas.
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 utiltty 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 Attomey 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
concems 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 Environmental Consulting Operation agreement is necessary
for the environmental conditions to be delineated and the project permitting to be revised
to reflect the alternative routing for the interceptor sewer line. A copy of Environmental
Consulting Operations Amendment No. 1 is attached for reference.
BUDGET IMPACT
The $5,000.00 in increased environmental consulting services 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 ENVIRONMENTAL CONSULTING CONTRACT
WITH ECO, INC. IN THE AMOUNT OF $5,000.00
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 Environmental Consulting with ECO,
Inc. in the amount of $5,000.00 as attached as Exhibit A.
PASSED and APPROVED this the 6th day of April, 2004.
ATTEST:
By
SONDRA SMITH, City Clerk
By:
APPROVED-
AMENDMENT No. 1
TO
AGREEMENT FOR ENVIRONMENTAL CONSULTING
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS AND
ENVIRONMENTAL CONSULTING OPERATIONS,
BENTON, ARKANSAS
WHEREAS, On September 16, 2003 the City of Fayetteville, Arkansas (Fayetteville)
and Environmental Consulting Operations of Benton, Arkansas (ECO) entered into an
agreement for environmental consulting services in connection with the Wastewater
System Improvement Project, including as a part of the scope the West Side Collection
System Improvements (Project). Scope of services being provided includes
environmental consultant services related to various environmental permits, best
management practices for construction and wetlands mitigation activities; and
WHEREAS, ECO has proceeded with these services in accordance with the scope set
forth in the agreement, and
WHEREAS, Fayetteville requests that the scope of ECO'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, ECO agrees to provide amended scope of services on an hourly rate basis
with a not -to -exceed additional cost of $5,000.00.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Fayetteville and ECO, the parties hereto, stipulate and agree that the
Agreement for Environmental Consulting Services dated September 16, 2003, is hereby
amended in the following particulars:
SECTION 3 -ADDITIONAL SERVICES OF ECO
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 revised environmental evaluations and permitting modifications necessary to address
revisions to the West Side Collection System Improvements, particularly that segment of
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
1
SEWER RE-ALIGNMENT-SEPRINGWOODS SUBDIVISION", attached to and
made a part of this amendment.
SECTION 6 -PAYMENTS TO ECO is amended to read as follows:
For the scope of services set forth in the Final Design Phase Services of the original
agreement, plus the additional services set forth in Amendment No. 1 for $5,000.00;
Section 6.1.1.3 is changed as follows:
The total payment for the Basic Scope of Services described in Appendix A and
Amendment No. 1 are estimated to be, THREE HUNDRED EIGHTY ONE
THOUSAND FOUR HUNDRED NINE DOLLARS ($381,409.00). 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 ENVIRONMENTAL CONSULTING
OPERATIONS
By: By:
Dan Coody, Mayor Bruce Shackleford, President
ATTEST ATTEST
Sondra Smith, City Clerk
2
INTERCEPTOR SEWER RE-ALIGNMENT-SPRINGWOODS SUBDIVISION
Fayetteville, Arkansas
THIS AGREEMENT, made and entered into the day of
2004, by and between the CITY, OF FAYETTEVILLF, County of Wasiungton, 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 thp 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 Fasement 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
ai 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:
I. 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 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 e.acement 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 corner 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 Ilighway
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 penod, 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 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, histoncallcultural assessments and other project
actions that are specific to the new alignment requested by Legacy.
7. Fayetteville shall maintain accurate records of authonzations, 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 reimbursemcnt 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 94- DAY OF Fee.. , 2004 BY LEGACY PROJECT,
LLC LEGACY PROJECT, LLC , an ARKANSAS limited liability company.
By: 4,
H. CO
•
Attest:
11:11--onz mber
EXECUTED DAY OF , 2004 BY C� F
FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, a
municipal corporation.
By:
DAN COODY, Mayor
Attest:
3
SONDRA SMITH, City Clerk
•
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en la•••••••••••
Nam. Ma OS Hee.
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WARRANTY DEED
muNCIPAI. CDRPORATIM
BE IT KNOWN BY THESE I -RESENTS:
THAT th• CITY OF FAY. p1 ARKANSAS, • itninIcIpall cat.
boredom ronsinsiwit called GRANTOR. tor and In considers:Ion 04 the sum
ol Onohundrod EININ (3100.00) and other good and valuable conadsallon,
the receipt of which is Nwsby oda nonaKINKI, don hereby grant bargain. NM
onO =Ivey unto Loewy Prefect, LLD. an Arkansas NNW Itstally
corporation, hortanaltat called OFtAf4TEE, and unto Grantaif• summon
and •••/gint Po Wowing Oissalbed land •thistad In Bo Gowely ol
Washington. Stid• 05 Arlconsaa lora
21:4330***34 I
ra.m.=Tpirttinti$72
Oa len: di .
Wal•hin4lf OINISS•,
Sinn atm.& t train Clark
"2003-00063089
PROPERTY DESCRIPTION,'
A Nil of Salton 33. Toom•Np 17 North. Range 30 West end hang mom pa/fantods aiscriball iss ttaes. to -.t
BinannIng in dui Noonan comet 04 saw Sscnon 33; Mem MIN Ihs Wad Ono of said Socnon 13 14441h DT 21 1T WoN 16 lea Mt
thanes South On it 24- Ent 330.001•41; thence SOIJOI Or 24 10'Wsort 2460.60 los6 Comm south sr IV Ir Easta00.231a4C Rases
Soulh OT 26 45- WON 320.90 Mrl. Minos South 87' 21ifF Ens 000.00 SR thence Rath 02•73 sr Ear RS NI; Ramos Scat gle
71. sr EAR 331.03 3114 10 1/61.41•1141, ditt o4 nay a of U. S. Higrnsof 71: Ponce Northerly Sone saw somsans not a/ wavy *.esho
lolosloo beings and rilmancon:
North W 22- 111 E.
-
North 30° 2r 5Cc East
North 22' Eau
North 27 Ur or ENT
North OT 15 Or Eaal
North D5 IgIrw..I
North 126 a 2T Wool
North IT 3er 513* WOM
North 01' 17/ 444 Eat
North 10 24' ST Ent
Norm 314 3f mr East
Neal 50- 3' Mr Em
Neat 0/T 53 20- Eat
Nonn 75 15 02- ENS
North 74 Sfr It Era
North 26° Of Or East
922.60 set
15010 Int •
SO 12 RN
171.37 hal
170.41 lea
230 77 MO
100.11 WI
37.67 taal
'etas fool
126.6615—
190.30 MI
191.34 loot
127.02 No1
117.54 lool
100.11 /sal
74.14 Mt
Shwa lanIng said won right GINN MD mod riming Myth 67- 17 ITWool 1100.1510a 11W100 Nonniar 2d IT Ease ROOM Nil
to on Norm In. 1:9 5oC0n 33; Moos alms OW Mal Ono of 5oction 33 WS or 147 Mr Wart 20.%11.1. to to Norio ipaselli opus
of &Rion 33; thence conenuing Song Rio North anti N said Brian 33 Noah STIP 24- W5- 7A0 kdlo tab Polni at Staralag,
containing 7/927 wet mots or Ma Nag *NON to rights wary and sawnents 04 mond.
TO HAVE AND TO HOLD the sae Rada and Naptartinince• lhaftwite balangIng unto Ma MN 04•411••
and Grant•es wornan and •••Igni. Tomer. And Rs said Elaintat. Soft cosaronlli VIII 1 b Stmy.Sad
of said Wide and prannen; that Ms woo es isericumband. and Oat On Manias RN Toismes inasega Stn.
the OS to Ow said land• pang ea lapel Oman* vOleilever.
F Number: 2003000E53061 201 2
I .1
Warranty Dori
Coy en Fairintirri Unrcy Pronto. LLC
Pori 2 FA 2
WITNESS Ito inrculton hereof co We kts day ot 0.2eadciwidrm- 2003
. •Ett CITY Of FAYIETTINILLE. ARKANSAS,
' • mattlolpst
BY: 44°
Din Carly, MOyOr
•••
Scorn SmIth. Clly Clerk
Acfc•Ak,
tErr)
STATE Of ARKANSAS
ACKNOWLEDGMENT
)
COUNTY OF WASHINGTON
BE IT REMEMBERED. 115•1 on this. brow th• undomilgist. • dry commindowd and ate Weary
/AWN satin and tor aid County end Stow wrooncily roped Oro Coady and Sondra Onellitt os. weoan
as r• wows tiro racurid 01.10 torworg down* err vita Mar cl and admoirreed OW they se.. Ilryow
and Calif Clerk of Ihtt Clay of firwtrofita, Ateastaws, • ininclottal corponWon, Err me duly alhorlairt In U.J.
ftleplOrit Capilleitt la aide• the torwoln• in•Mancnt tor and In the nine end MAW ot mid rounkiwt
cotporstion, and further aid itirms*Mtlimd OW dry had mia *WNW mrsouted rxt dellysted mkt Inetrument
100 00°HEMIMMIL Ull" Mud Wham Erwin ma -Nonni and int WM.
WITNESS my hand and wet on WI /0 day ot erinenneZ was
Notary Publlo