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R2004-022 02-09-04 RESOLUTION NO. R2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH SHELL PIPELINE COMPANY FOR THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE CORRIGAN BY-PASS DRAINAGE DITCH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Contract by and between the City of Pearland and Shell Pipeline Company, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached Contract for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the 9th day of February , A.D., 2004. -__ )0- ..1,1,/ao TOM REID MAYOR ATTEST: J . 1cNG ,'_ , 4 , T-,.% Y SE' 'ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY • EXHIBIT < AGREEMENT FOR RIGHT-OF-WAY ADJUSTMENTS • THE STATE OF TEXAS § CITY OF PEARLAND COUNTY OF HARRIS § PROJECT I.D. # This Agreement entered into on by and between the City of Pearland, a body corporate and politic of the State of Texas, hereinafter referred to as the "City," and SHELL PIPELINE COMPANY LP, a Delaware limited partnership, acting by and through its duly authorized representative, Shell Pipeline GP LLC, a Delaware limited liability company,hereinafter referred to as the"Owner,"witnesseth: WHEREAS, the Owner, in an affidavit attached hereto as Exhibit "A," and incorporated herein for all purposes, has asserted an interest in certain lands upon which lands a proposed public drainage improvement will necessitate the adjustment, relocation, and/or removal of certain facilities of the Owner as indicated in the following statement of work at two (2) locations as shown on the map marked as Exhibit"B." Adjust, relocate, and/or remove Owner's 16" crude pipeline as referenced in Owner's estimate dated February 10, 2003, to accommodate the construction of the City of Pearland Corrigan ByPass Drainage Ditch. WHEREAS, the City desires to accomplish the adjustment, relocation, and/or removal of the Owner's pipeline facilities by entering into an agreement with the Owner. NOW THEREFORE, upon execution of this Agreement by the parties hereto, and upon approval by the City of the plans, the City will, by written notice to which shall be attached a copy of the City Council Resolution authorizing execution of this Agreement, authorize the Owner to proceed with the necessary adjustment, relocation, and/or removal; and the Owner agrees to prosecute such work diligently to completion in such manner as will not result in avoidable interference or delay in either the City's construction of said work. The Owner will carry out said adjustment, relocation, and/or removal in accordance with the plans attached hereto and the amount paid by the City pursuant to the Agreement shall be full compensation to the Owner for making such adjustment, relocation, and/or removal. Bills for work hereunder shall be submitted to the City not later than ninety (90) days after completion of the work. The City agrees to pay the Owner and the Owner agrees to accept 100% of the total, actual, and related costs of the project reduced by salvage and betterment, if any, which 1 • may result from adjustment, relocation, and/or removal, said payment representing that portion of the project for which the City is legally required to pay and for which the Owner is legally entitled to be reimbursed, under Article I, Section 17, of the Texas Constitution, provided however, that the City shall in no event be liable under this Agreement- for more than Four Hundred'Ninety Two Thousand Four Hundred Fifty Dollars ($492,450.00), as full payment for that portion of the project in question for which the Owner is legally entitled to be reimbursed, said reimbursement to be forthcoming only after receipt of a final billing properly itemized and certified and accompanied by a certificate of the City of Pearland to the effect that such work has been fully accomplished. The Owner's interests in the land within the right-of-way shall be subject to the Joint Use Permit attached hereto as Exhibit "C," and made a part hereof for all purposes. The Owner has been advised by the City and the Owner clearly understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the City shall have available the total maximum sum of Four Hundred Ninety Two Thousand Four Hundred and Fifty Dollars ($492,450.00) specifically allocated to fully discharge any and all liabilities that may be incurred by the City pursuant to the terms of this Agreement, and that the total maximum compensation the Owner may become entitled to hereunder and the total maximum sum the City shall become liable to pay to the Owner, hereunder shall not under any conditions, circumstances, or interpretations hereof exceed the said total maximum sum,provided for in this Article and certified as available therefore by the City Finance Director. The instruments attached to and made a part of this Agreement are: Exhibit A Affidavit Exhibit B Map marking the 2 locations where the pipeline is being moved It is expressly understood that this Agreement is subject to cancellation by the City at any time up to the date that any adjustment, relocation, and/or removal work authorized under this Agreement has been performed, and that such cancellation will not create any liability on the part of the City and neither the City nor the Owner will have any further • obligation hereunder; except that the City agrees to pay the Owner 100% of the total, actual, and related indirect costs of the project, reduced by salvage and betterment, if any, for authorized work performed prior to such cancellation. APPROVED AS TO FORM: CITY OF PEARLAND Darrin M. Coker By City Attorney Bill Eisen City Manager • ATTEST: SHELL PIPELINE COMPANY LP by SHELL PIPELINE GP LLC IT GENERAL PARTNER By Signature W.J. KLEIN Attorney in Fact Title Date 3 AFFIDAVIT Exhibit A STATE OF TEXAS § CITY OF PEARLAND COUNTY OF BRAZORIA § PROJECT I.D. # WHEREAS, the City of Pearland, hereinafter referred to as the "City," has deemed it necessary to construct a drainage ditch known as the Corrigan Bypass Ditch, and WHEREAS, it is anticipated that the above referred to improvements will affect the facilities of Shell Pipeline Company LP, hereinafter referred to as the "OWNER," at the following described two (2) locations: Approximately 225 ft. south of FM 518 and 375 ft. east of Hatfield Road and approximately 1025 ft. south of FM 518 and 320 ft. west of Hatfield Road. Key map page 614Q and 614R WHEREAS, the City has requested that the OWNER furnish the City information relative to interests that OWNER holds in lands at the above indicated location. NOW, THEREFORE, before me, the undersigned authority, this day personally appeared W.J. Klein,who, after being by me dully sworn, did depose and say: That deponent is W.J. Klein, Attorney in Fact, of Shell Pipeline GP LLC, and as such, has knowledge of the facts contained herein, and that to the best of deponent's knowledge, said OWNER is the owner of the following described interests in the above indicated lands, copies of the instruments under which said OWNER claims said interest being attached hereto and made a part hereof: Signed: W.J. KLEIN, Attorney in Fact Company: SHELL PIPELINE COMPANY LP by SHELL PIPELINE GP LLC • �N/ �0 o s�t e i ,�y'�r0y} - N p" 09 • 4 s s F �y g�' so y6y Z. al d.� %� N /00 F y 3• /4 ' • /?/./892f9B - - ° ��♦ - - N,3.r'o 9 E .�f 1 ', . s ,g N zas`'9,9 ,5-.-s.f 1..9,, • 61 3 • /B 99 745T•' O 0xw / r1 "tt ,• M'9.OYd0 — _—' v ''Ld \O r 9- } k :\\ ' , , N4 30 R cs ` ♦ G` " c- , -'4,... * .. ...6. C766. . 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