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HomeMy WebLinkAboutATMOS Utility Relocation Agreement 5-19-08 Rev. 10/25/04 RELOCATION AGREEMENT Project No 080, Atmos Energy Corporation, a Texas and Virginia corporation ("Company") and the Town of Westlake ("Applicant"), whose address is 3 Village Circle, Suite 202 / Westlake, Texas 76262, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: I. Company will relocate its gas pipeline facilities located at The Westlake Academy, in Westlake, Tarrant County, Texas, approximately 775 feet(the "Project"). The approximate position of the relocation is shown on Exhibit"A," attached and made a part hereof. 2. Upon execution of this Agreement, Applicant will pay to Company$26,297.36 as compensation for the relocation of Company's gas pipeline facilities,without any right to refunds or credits. 3. Company's obligation to undertake the Project is subject to applicable laws, rules and regulations of governmental authorities and to any delay occasioned by force majeure or events or conditions of whatever nature, which are reasonably beyond Company's control. Applicant understands that Company will not be obligated or required to undertake the Project prior to the construction of projects covered by contracts and authorizations that were entered into by Company prior to the date of execution of this Agreement by Company (the "Effective Date"), the construction of projects required to be constructed by the provisions of Company's franchise or construction or repair required to maintain existing service. Applicant will satisfy all of the conditions of this Agreement within 60 days from the Effective Date, or Company may, at its option, cancel this Agreement and return Applicant's payment without interest.. Thereafter, neither party will have any obligation hereunder. 4. Applicant will be responsible for any landscape restoration work required after Company has completed the Project. 5. Company may terminate this Agreement at any time if, in Company's sole discretion, it determines that the Project is no longer economically or technologically feasible. If Company so terminates the Agreement, Company will return Applicant's payment, less any amounts expended by Company for the Project,and thereafter,neither party will have any further obligations hereunder. 6. Title to the Project, including appurtenances, connections thereto and extensions thereof, and including the right to use, operate and maintain the same, will forever be and remain exclusively and unconditionally vested in Company, its successors and assigns. 7. Applicant will be responsible for any additional costs incurred by Company because of Applicant's failure to perform any of the obligations required of Applicant under this Contract. 8. THIS CONTRACT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, IRRESPECTIVE OF ANY CONFLICT OF LAWS PROVISIONS. 9. This Contract constitutes the final expression of agreement between the parties and parol or extrinsic evidence is inadmissible to explain, vary or contradict the express terms of this Contract. 10. In no event will either party be liable to the other or any third party for any incidental, special, indirect, consequential, punitive or exemplary damages that might occur as a resulSorelating to, or arising out of each party's obligations under this agreement. Town of Westlake Atmos Energy Corporat By: By: Printed Name: Thomas E. Brymer Printed Name: T,4 Jeff, Wylie Title: Town Manager Title: Project Manager Date.: May 1.9, 2008 Date: May 19,2008 F ~ B� d, Z ##99apeyj R_. IL (S � a � m a v, m o c d N = a v °ds da 41 a m d E , a 'u5 $ ? 2 0 n m P J3 3 a's�l� � }j P F 9) ® m a y �g fib 7i Z � (7 W w w da: U U§ Q w ° m S O C �meddk� c w w a #1L ti l 'p a ¢ O I J I f 6 U .E 2 � O I OTTINGER RD aL w � 4 I r 5 o w , ilSAH 91-99 r� Z u F- Q -09 u) �— w 34 U U c� W Lu d Z � O ¢ W ui 4 CD J w a- r UJ a © °� w a M Y J ko Fa � ti to ti Z w J o J p a z � a � m z �