The URL can be used to link to this page

Home My WebLink About2005-130 - Agreement with Magellan Pipeline Company.. BILL NO.2005-130 ORDINANCE N0.2005-130 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND MAGELLAN PIPELINE COMPANY, L.P. WHEREAS, the City of Riverside, Missouri (the "City") is in the process of road improvements on NW Gateway and the city desires to enter into an agreement with Magellan Pipeline Company, L.P. to relocate their test station and pipeline markers. WHEREAS, the City and Magellan Pipeline Company, L.P. have reached an agreement concerning the provision of such services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an Agreement to be substantially in the form attached hereto as Exhibit A, with Magellan Pipeline Company, L.P. (the "Agreement"). Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in f 1 force and effect from and after its passage and approval. Passed thi~C,~~~day of 6P/f~ 2005. ~.04~ ~~ Ma r Pro Tem ATT ST• Cit Clerk .~, .... ~ , n n , a yr s rr This instrument was dratted by Magellan Pipeline Company, L.P., Attn: Sherrie Guthrie, Maildrop 27-2, One Williams Center, Tulsa, Oklahoma 74172, 918/574-7350. RELOCATION AND REIMBURSEMENT AGREEMENT This Relocation and eimbursement Agreement ("Agreement") is made and entered into and t;ffective the ~~~ day of 2005 by and between MAGELLAN PIPELINE COMPANY, L.P. (herein "MAGELLAN"), whose mailing address is Attn: Sherrie Guthrie, Maildrop 27-2, One Williams Center, Tulsa, Oklahoma 74172, and the City of Riverside, Missouri, herein referred to as "CITY", whose mailing address is 4200 NW Riverside, Riverside, Missouri 64150. WITNESSETH: WHEREAS, MAGELLAN is the owner of two twelve-inch (12") pipelines known as the #4-12" and the #6-12" Kansas City -Des Moines corridor (herein "the Pipelines"), and certain easements (herein "Easements") located in the West half ofthe Northeast Quarter of Section 4, Township 50 North, Range 33 West, Platte County, Missouri, by virtue of the Right of Way Agreement executed by Carolina and Leslie Renner, filed for record in the office of the Recorder of Deeds of Platte County, Missouri on the 6a' day of December, 1951, in Book 174 at Page 45, and that certain Right of Way Agreement filed for record in the office of said county and state on the 23nd of May, 1932, in Book 112 at Page 128; and WHEREAS, CITY is proceeding with plans to widen NW Gateway Road at the vicinity that MAGELLAN'S Pipelines cross, and the work to be performed by the CITY will necessitate the relocation of MAGELLAN'S test station and pipeline markers, herein referred to as "the Adjustment"; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, MAGELLAN agrees to perform the Adjustment subject to the following terms and provisions: 1. CITY agrees to bear all direct and indirect costs incurred by MAGELLAN and relating to the Adjustment by MAGELLAN hereunder, including, but not limited to, labor, materials, construction damages, administrative overhead, and taxes and legal fees relating to the engineering and modification of the Pipeline to accommodate CITY. 2. The cost of the Adjustment is estimated to be $3,100.00 Dollars as set forth on the attached Cost Estimate marked "Exhibit A". CITY will advance the cost estimate of $3,100.00 Dollars and the check made out to Magellan Pipeline Company, L.P. will be presented with this signed contract. 3. Within 120 days following the completion of the Adjustment, MAGELLAN shall make an accounting of the associated costs and provide CITY an invoice of the same. The final costs may Page 1 Reimbursement Agreement - NVV Gateway Road, Trail #s 1203, 1204, 1205 i ~.i. ...,~~ ~n n r~ a or T rr ~. be greater or less than the estimate, CITY shall be liable to MAGELLAN for Ute full amount of the final costs, regardless of whether that amount exceeds the estimate. CITY shall pay the felt amount of such invoice within thirty (30) days after receipt. If the final costs are less than the estimate, MAGELLAN shall refund the difference to CITY within thirty (30)'~ days after completion of the accounting. 4. CITY shall perform all operations and construction activity above or adjacent to the Pipelines in a workmanlike and safe manner and in conformance with all applicable industry and governmental standards and conditions that may be imposed by MAGELLAN. 5. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to MAGELLAN by CITY, at least 48 hours in advance of commencement of any construction activity on or adjacent to the Pipelines and on the Easements, excepting only cases of emergency. Said notice shall be given to the Coordinator of Operations and Maintenance, Donny Vaughan by calling 816/289-1719. 6. The recent widening of the NW Gateway road right of way places the ends of MAGELLAN's pipeline casings within the road right of way which now overlaps with MAGELLAN'S Easements. MAGELLAN will not extend the end of the casings at this time; however, MAGELLAN reserves the right to extend the pipeline casings in the future should the CITY propose further expansion at this location. Should any future expansion of the pavement at this location extend over MAGELLAN'S pipeline casings, the costs to extend the pipeline casings shall be reimbursable to MAGELLAN by the CITY in the same manner in which this Agreement and estimate have been prepared. 7. In the event either party breaches any of the terms, covenants or provisions of this Agreement, or the Easements of MAGELLAN and either party commences litigation to enforce any provisions of this Agreement or of the aforesaid Easements, the cost of attorneys' fees, interest and the attendant expenses will be payable to the prevailing party. 8. To the fullest extent permitted by law, without waiving sovereign immunity, the CITY shall indemnify, save, hold harmless, and at MAGELLAN'S option, defend MAGELLAN and its affiliated companies and their directors, officers, employees and agents from any and all claims, demands, cost (including reasonable attorney and expert witness fees and court costs), expenses, losses, causes of action (whether at law or in equity), fines, civil penalties, and administrative proceedings for injury or death to persons or damage or loss to property or other business losses, including those made or incurred by MAGELLAN or its directors, officers, employees, or agents and including environmental damage in any way arising from or connected with the existence, construction, operation, maintenance, removal or other operations arising out of the Adjustment, except those arising from MAGELLAN'S sole negligence. 9. It is expressly understood by the parties hereto that MAGELLAN is not abandoning any right, title or interest it may have in the above-described land. Page 2 Reimbursement Agreement - NW Gateway Road, Trail #s 1203, 1204, 1205 .~. .. ~ i 1 n 1R' i' - 0 1 T If r~ 10. The terms of this Agreement shall constitute covenants running with the land and be binding on and inure to the benefit of the parties hereto and their successors and assigns. IN WITNESS WHEREOF, we have hereunto set ow hands on the day and year below; MAGELLAN PIPELINE COMPANY, L.P. A Delaware limited partnership, By: Magellan Pipeline GP, LLC, its general partner By: ~,:,~ ~ ~o,~ Name• /'~ i c.~eirC ./Y• ail U.-~ Title: yi C ~ /~tP i ~ ~~n TIC. OF RIVE ID 1\ S ~ URI ~,,~ c. By. i I Printed Name: l U ~ ~. G /~(~Qq-J Title: ~6_sf ~.~1'? /~~.f ~ s i-.2f1 '7h/L Date: Page 3 Reimbursement Agreement - NW Gateway Road, Trail #s 1203, 1204, 1205 .i. .... Y i n n 1. ~ 1 l s rr !. ", •- IVIA~EI~LAN~ Project #: Location: Pipeline: Tract: 3rd Part' Proj #: Date: Revised: AFE: QUANTITY UNIT UNIT COST AMOUNT SUB TOTAL CODE DESCRIPTION ACA n RI ht Of Wa -Cost Of Easement - LS o. 0.00 ACB RI M Of Wa - ulsMlon Ex nse LOT 0.00 0 00 ACC RI M Of W ulsltlon - L al LOT . 00 0 GAA Malnline PI LOT LOT . 0.00 GBA Mainllne Mechanical Matedals GCA Malnline Labor DAY 700.00 Excavalion contreclor LS 0.00 700.00 Miscellaneous materials flowable fill elC GCB Mainline InspaCtlon iL Testlng DAY 400.00 400.00 GCC Ins r Mainllne Instruments b Elecbiul Material LOT 0.00 GGF Malnline En DretdPermhlSurv LOT 0.00 GCG Mainline CaModle Progctlon 00 50 Test staflon ~' LS . 150.00 200.00 Miscellaneous materials wires I line markers etc 00 0 GCH Construetlon Dam LOT . 00 0 GCJ Clear) and Gredin LOT . 0 00 ZAV Ca Wd Inbreat LOT . ZBV IMamslLahr DAY 350.00 Field empknlees (DPMO Or COM) m install markers Corrosion Tech to relocate statlon DAY 0.00 Company.engineering HRS 220.00 Real Estate Representative HRS HRS 440.00 0.00 t 010.00 Asset In ri Su rvisor % 348.50 346.50 CoMI en 4 .2 4 mn TOTAL ESTIMATED PROJECT COST E 3,100.00 Notes: A site visit has not been performed. Actual site conditions may affect the estimated project cost. Estimate is based on developer drawings only. Only actual costs will be billed to the project. Assumptions: Assumes no construction damages will be paid. No weather delays. ..~. ., Y 7 n n r a j~ r tr