HomeMy WebLinkAbout23-2336
ORDINANCE NO. 23-
AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER,
OR DESIGNEE, TO EXECUTE 1) A GAS LINE REARRANGEMENT AND
ABANDONMENT AGREEMENT AND 2) A RIGHT OF WAY LICENSE AGREEMENT
WITH ENLINK NORTH TEXAS GATHERING, LP (“ENLINK”), FOR THE
RELOCATION AND LOWERING OF THREE (3), 4-INCH GAS PIPELINES (DC-400, DC-
404, AND DC-406) COLLECTIVELY, (“ENLINK FACILITIES”), FOR THE CITY’S
BONNIE BRAE PHASE 3 WIDENING AND REALIGNMENT PROJECT; PROVIDING
FOR THE EXPENDITURE OF FUNDS IN THE NOT-TO-EXCEED AMOUNT OF NINE
HUNDRED AND SIXTY-FIVE THOUSAND, THREE HUNDRED EIGHTY-FOUR
DOLLARS ($965,384.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the existing rural South Bonnie Brae Road between FM 1515 and Roselawn
Drive is being reconstructed to accommodate the ultimate four lane divided urban street section
called Phase 3 of the Bonnie Brae Widening and Realignment Project; and
WHEREAS, Enlink has presented the City with an Agreement for the rearrangement and
abandonment of certain gas lines in the Del S Brewster, A-56, William Sharis, A-1174, ANB
Tompkins, A-1246 and James Edmonson, A-400 surveys, a copy of which is attached hereto and
made a part hereof as Exhibit "A" (the "Agreement") including the estimated costs associated with
the work; and
WHEREAS, the City has presented to Enlink a Right of Way License Agreement for the
placement of certain gas lines in City Right of Way, a copy of which is attached hereto and made a
part hereof as Exhibit "B" (the "Right of Way License Agreement"); and
WHEREAS, on September 29, 2020 , the City Manager approved the Preliminary
Engineering Agreement with Enlink for the review of preliminary engineering and design plans,
specifications, and drawings prepared by the City, required by Enlink, a copy of which is attached
hereto and made a part hereof as Exhibit "C" (the "Preliminary Engineering Agreement"); and
WHEREAS, the City Council having considered the importance of the Project to the citizens
of Denton and finding that it is in the public's health and safety interest, is of the opinion that it
should approve the Agreement;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or their designee, is hereby authorized to execute on
behalf of the City; 1)the Rearrangement and Abandonment Agreement and 2) the Right of Way
License Agreement with Enlink, a copy of which is attached hereto as Exhibits "A" and “B” and
made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an
amount not to exceed NINE HUNDRED AND SIXTY-FIVE THOUSAND, THREE HUNDRED
EIGHTY-FOUR DOLLARS ($965,384.00).
SECTION 4. The City Manager is further authorized to carry out all duties and agreements
to be performed by the City under the Agreement(s).
SECTION 5. The City Manager, or designee, is the City’s designated, authorized official,
with the power to authorize, accept, reject, alter or terminate the Agreement(s) on behalf of the City
and act on behalf of the City of Denton in all matters related to the Agreement(s) and any subsequent
agreements that may result.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
S e C 0 n d e: hEy 1r1fI o#: =y= T r 0 X 1: isI!= rd i Nn: a :: S n: #: eTr dilfi : TIp a :he Epp\ 0 veda I
the following vote [X - E :
Aye
,,/
Z
L/
a
L/
a
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:JL
PASSED AND APPROVED this the IIt- day of t)ecz.-b/, 2023.
ATTEST:
JESUS SALAZAR. CITY SECRETARY
a;
8+„tHatZauvdAde
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
ORDiNANCE: ENLINK – REARRANGEMENT & ABANDONMENT AGREEMENT AND
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PiPELINES
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
REARRANGEMENT AND ABANDONMENT AGREEMENT
Between
THE CITY OF DENTON
And
ENLINK NORTH TEXAS GATHERING, LP
This Agreement (this “Agreement”) is entered into as of the ____ day of ________,
2023, by and between the CITY OF DENTON, a Texas Home Rule Municipal Corporation
of Denton County, Texas (the "City"), and ENLINK NORTH TEXAS GATHERING, LP, a
Texas limited partnership, whose address is 1722 Routh Street, Suite 1300, Dallas, Texas
75201 ("EnLink"), acting herein by and through their duly authorized officers (sometimes
hereinafter collectively referred to as the "Parties").
WHEREAS, the City is in the process of constructing the Bonnie Brae Street
Widening & Realignment Project Phase 3 (the "Bonnie Brae Phase 3 Project") in the City of
Denton, Texas; and
WHEREAS, construction of the Bonnie Brae Phase 3 Project makes necessary the
relocation, adjustment and lowering of three (3), 4-inch EnLink gas pipelines (DC-400, DC-
404 and DC-406) collectively, (“EnLink Facilities”), as shown on the “Bonnie Brae
Relocation” plans prepared by Enlink, attached hereto as Attachment No. 1 and the Cost
Estimate prepared by EnLink, attached hereto as Attachment No. 2 (the “Pipeline Relocation
Work”); and
WHEREAS, EnLink is the holder of the easements (“EnLink Easements”), located
within the city owned property, parcel ID number 632436 that are in direct conflict with the
Bonnie Brae Relocation Project; and
WHEREAS, the Bonnie Brae Project requires the City acquire the EnLink Easements
which are located within the new roadway alignment of Bonnie Brae Street between Parvin
Road and Roselawn Drive; and
WHEREAS, this Easement acquisition for the Bonnie Brae Phase 3 Project will
require EnLink to relocate, rearrange and lower the Enlink Facilities; and
WHEREAS, due to safety concerns, Enlink is unable to relocate Enlink Facilities
into the yards of residents on either side of Bonnie Brae Street; and
WHEREAS, Enlink has offered to release certain portions of the EnLink Easements
to the City in exchange for the City 1) paying the costs for the relocation of EnLink Facilities
as proposed in the Cost Estimate attached and provided for in this Agreement and 2) the
City’s grant of a license, at no cost for twenty (20) years, for the use of street right-of-way
for placement of the below referenced natural gas pipe line, as described in Exhibit B, to
accommodate the EnLink Facilities; and
WHEREAS, the cost of all such rearrangement of the EnLink Facilities shall be paid
by the City; and
REARRANGEMENT AND ABANDONMENT AGREEMENT Page 2 of 7
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City and EnLink hereby agree as follows: 1. The declarations contained in the preamble to this Agreement are material and are hereby repeated and incorporated herein as a part of this Agreement as though they were
fully set forth in this paragraph 1.
2. Definitions. As used in this Agreement, the following terms shall have the meaning as defined:
2.01 "Written Notice" shall mean a document, acceptable in form and
substance to EnLink and the City, which the City will issue to EnLink to authorize the performance of the Pipeline Relocation Work under the terms of this Agreement. 3. General.
3.01 Prior to the initiation of the Pipeline Relocation Work, and as a condition to EnLink’s obligations hereunder, the City shall grant to EnLink, at no cost or expense to EnLink for the term of twenty (20) years, a Right of Way License to Use Street Right of Way for EnLink Facilities as described in Exhibit B.
3.02 EnLink’s receipt of all property rights necessary for completion of the Pipeline Relocation Work is a condition to EnLink’s obligations hereunder, and all costs associated with obtaining such property rights shall be reimbursed by the City. EnLink’s estimate of such costs is
shown on Attachment No 2. EnLink will use good faith efforts to acquire property rights necessary from third persons for the Pipeline Relocation Work, such costs thereto shall be reimbursed by the City. If EnLink is unable to obtain easements, rights-of-way and other interests in land required for the Pipeline Relocation Work, after
making an offer in writing, based on the fair market value of the property interest to the property owner from whom the property interest is being acquired, the City agrees to consider acquiring such easements, rights-of-way, and other interests in land, in form and substance reasonably approved by EnLink, at the City’s sole cost and
expense, required for the Pipeline Relocation Work. EnLink must provide the City with a survey and metes and bounds description of the property to be acquired. 3.03 Subject to the terms and conditions of this Agreement, EnLink agrees
and consents to carry out, or cause to carry out, the Pipeline Relocation Work. The Pipeline Relocation Work will be performed in accordance with applicable laws and regulations. 3.04 The City shall reasonably cooperate with EnLink in completing the
Pipeline Relocation Work.
REARRANGEMENT AND ABANDONMENT AGREEMENT Page 3 of 7
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
3.05 EnLink estimates that the Pipeline Relocation Work will be
completed within one hundred eighty (180) days following EnLink’s
commencement of the Pipeline Relocation Work, subject to delays
caused by Force Majeure Events (as defined herein) or acts or
omissions of any third party. EnLink agrees to exercise reasonable
efforts to commence the Pipeline Relocation Work within thirty (30)
days after the later of (i) EnLink’s receipt of payment in the amount
of the Cost Estimate attached herein and Written Notice from the City
or (ii) satisfaction of all conditions to EnLink’s obligations hereunder,
subject to delays caused by Force Majeure Events or acts or omissions
of any third party. As used herein, “Force Majeure Events” means:
(a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest; (d) government order or law; (e)
actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority; (g) national or
regional emergency; and (h) other events beyond the control of
EnLink, including, without limitation, inability to access necessary
work areas for any reason, or the unavailability of labor or materials.
3.06 Within 90 days following completion of the Pipeline Relocation
Work, EnLink will execute and deliver to the City a Partial
Abandonment and Release of Easements in the form attached hereto
as Example No.1.
4. Costs, Billing, and Payment
4.01 The full execution of this Agreement by the parties hereto shall
obligate the City to pay a lump sum not to exceed Nine Hundred and
Sixty-Five Thousand, Three Hundred Eighty-Four Dollars
($965,384.00), subject to appropriation. Such costs and expenses
include EnLink’s costs associated with the relocation, construction,
and installation of the EnLink Facilities, material, labor, testing,
inspection, contracts, rights-of-way and contingency costs, plus
fifteen percent (15%) of the foregoing costs to cover administrative,
general, supervision and engineering overhead costs (the
“Construction Management Fee”). The estimated cost of the Pipeline
Relocation Work is Nine Hundred and Sixty-Five Thousand, Three
Hundred Eighty-Four Dollars ($965,384.00). The parties
acknowledge this is an estimate and that final settlement will be based
off invoices, as more fully described below.
4.02 Prior to EnLink performing any Pipeline Relocation Work hereunder,
and as a condition precedent to EnLink’s obligations hereunder, the
City will pay EnLink the estimated project cost of NINE HUNDRED
AND SIXTY-FIVE THOUSAND, THREE HUNDRED EIGHTY-
FOUR DOLLARS ($965,384.00) via wire transfer as instructed.
4.03 During the performance of the Pipeline Relocation Work, EnLink will
maintain and provide to the City up to date monthly project costs.
REARRANGEMENT AND ABANDONMENT AGREEMENT Page 4 of 7
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
4.04 Enlink will advise the City of any cost over-runs and/or unforeseen
expenses above and beyond the estimated cost attached herein with
as much notice as is reasonably possible for each occurrence.
4.05 The City will process authorized costs above and beyond the
estimated cost attached herein as a change order to this agreement
following the City’s Procurement Policy and may require city council
authorization and in compliance with 6.05 of this Agreement.
4.06 After completion of the Pipeline Relocation Work, or earlier
termination of this Agreement for any reason, and after any and all
pertinent third party invoices are received and accounted for by
EnLink, EnLink will furnish to the City a final statement
(“Statement”) setting forth (a) the total actual costs incurred by
EnLink for the Pipeline Relocation Work, including, but not limited
to, the design, material procurement and/or restocking fees, overhead
charges, and/or relocation, construction, and installation of the
EnLink Facilities, and/or the Construction Management Fee (the
“EnLink Total Cost”), less (b) prior amounts paid by the City to
EnLink for the Pipeline Relocation Work. Any amount outstanding
beyond the authorized not to exceed amount for this Agreement
including any authorized change orders will be processed according
to the City’s Procurement Policy and may require city council
authorization. Upon approval of any outstanding change order(s)
following the City’s Procurement Policy, the City shall pay EnLink
the final authorized outstanding amount remaining per the agreement
terms, via wire transfer pursuant to the previous wiring transfer
instructions. Notwithstanding the above, City shall retain the right to
require EnLink to provide full documentation of all expenses incurred
as well as any non-privileged correspondence and/or documentation
related to items which may cause delays in the completion of the
pipeline work beyond the terms stated herein. Furthermore, should
the EnLink Total Cost be less than the prepayment made in
accordance with Section 4.01 above, EnLink will return said excess
funds to the City within ninety (90) days of the City’s receipt and
agreement of the Final Statement.
5. Term and Termination
5.01 This Agreement shall become effective as of the Effective Date and
shall not expire prior to the satisfaction of each Party’s obligations
hereunder, including the City’s full and complete payment to EnLink
in accordance with Article 4. Notwithstanding any provision of this
Agreement to the contrary, this Agreement may be terminated in a
writing executed by authorized representatives of the City and
EnLink.
5.02 This Section 5.02, and Article 6 (Miscellaneous) shall survive the
termination or expiration of this Agreement.
REARRANGEMENT AND ABANDONMENT AGREEMENT Page 5 of 7
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
6. Miscellaneous.
6.01 Notice. Any notice provided for in this Agreement to be given by
either party to the other, shall be in writing and shall be deemed given
when personally delivered, or three (3) business days after being
deposited in the United States Mail, postage prepaid, certified, return
receipt requested, or registered and addressed as follows:
To the City:
Sara Hensley
City Manager
215 East McKinney Street
Denton, Texas 76201
Phone: 940-349-7100
With a Copy to:
City of Denton
Attn: Trevor Crain, Director
Capital Improvement Projects
215 East McKinney Street
Denton, Texas 76205
To EnLink:
EnLink North Texas Gathering, LP
ATTN: Land Department
1722 Routh Street, Ste: 1300
Dallas, Texas 75201
Telephone No.: 214-953-9500
Either party may change its address or facsimile number for notice by
giving the other party written notice of same.
6.02 Ownership. All EnLink Facilities are the property of EnLink, and
EnLink will continue to own all EnLink Facilities upon completion
of the Pipeline Relocation Work.
6.03 Assignment. EnLink shall not sell, assign, or transfer its interest or
rights in this Agreement, or any claim or cause of action related
thereto in whole or in part, without the prior written consent of the
City. As an express condition of consent to any assignment, EnLink
shall remain liable for completion of the Pipeline Relocation Work in
the event of default by the assignee.
6.04 Waiver of Consequential Damages. Neither Party shall be liable to
the other in any action or claim for consequential, indirect, punitive
or special damages (including lost profits) whether the action or claim
in which recovery is sought is based on contract, tort (including sole
or concurrent negligence), gross negligence, intentional or wrongful
acts, or strict liability of the Party. To the extent permitted by law, any
statutory remedies inconsistent with these terms are waived by the
Parties.
REARRANGEMENT AND ABANDONMENT AGREEMENT Page 6 of 7
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
6.05 Amendment. This Agreement may not be amended except in a written
instrument specifically referring to this Agreement and signed by the
Parties hereto and dated after the date of this Agreement is signed.
6.06 Applicable Law Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas. This
Agreement is to be performed in whole or in part in Denton County,
Texas. Sole venue for any proceeding to construe or enforce any of
the terms or conditions of this Agreement, or seeking damages for its
breach shall be Denton County, Texas.
6.07 Number and Gender. Words of any gender used in this Agreement
shall be held and construed to include any other gender and words in
the singular shall include the plural and vice versa, unless the context
clearly requires otherwise.
6.08 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same instrument.
6.09 Sole Agreement. This Agreement constitutes the sole agreement
between the Parties respecting the subject matter and supersedes any
prior understandings or written or oral agreements.
6.10 Legal Construction. In case one or more of the provisions contained
in this Agreement shall for any reason be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions in this document
and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
[signatures on following page]
EXECUTED by the Parties on the dates indicated with their signatures, but effective
as of the date specified at the beginning of this Agreement (the ·•Effective Date''):
EN LINK:
Printed Na e £1 ( -t c.\.,r crf Lnd
Title
d:)ctbi
Date
ATTEST:
JESUS SALAZAR,
CITY~
BY: -~
APPROVED AS TO LEGAL FORM:
MACK REfNW AND, CITY ATTORNEY
BY: lie! Z<ct~W'n..~
The CITY:
CITY OF DENTON
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED AS TO
financial and operational obligations and
business term~ ~---~,.._e~
Department
Date
ATTACHMENT NO. 1
Bonnie Brae Relocation Plans
"Enlink Facilities"
Map Key
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DEL S. BREWSTER, A-56
DENTON COUNTY, TEXAS
APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY BONNIE BRAE STREETLINE NAME: DC-406LINE NO.: 2397 SPRINGSIDE B
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DEL S. BREWSTER, A-56
DENTON COUNTY, TEXAS
APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
CORBIN ROAD
LINE NO.: 3421 LINE NAME: DC-400
DATE:SCALE:DRAWING NO.:AFE:1"=300'APEX Land Surveying214 Wapiti DriveAzle, TX. 76020(817) 565-6681TBPLS Firm RegistrationNo. 101941-30A P E XDEL S. BREWSTER, A-56WILLIAM SHARIS, A-1174DENTON COUNTY, TEXASPRELIMINARYANSIOESR PFORTEI
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DEL S. BREWSTER, A-56
DENTON COUNTY, TEXAS
APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARYBONNIE BRAE STREETCORBIN ROAD
LINE NAME: DC-400LINE NO.: 3421
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ANB TOMPKINS, A-1246
DENTON COUNTY, TEXAS
APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NAME: DC-400LINE NO.: 3421
ANB TOMPKINS, A-1246
JAMES EDMONSON, A-400
DENTON COUNTY, TEXAS
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(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NAME: DC-400LINE NO.: 3421
JAMES EDMONSON, A-400
DENTON COUNTY, TEXAS
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(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NAME: DC-404LINE NO.: 2502
JAMES EDMONSON, A-400
DENTON COUNTY, TEXAS
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LINE NAME: DC-404
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APEX Land Surveying
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(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NO.: 2502
Tax Rate of:10.00%Freight Cost % of Material:5.00%
Exp
Type
Exspense
Description Qty Unit $ Per Unit Taxable Base Cost Adjust
ments Freight Tax TOTAL
Cost Comments
261 Land Appraisals
263 ROW Easments 72,000$ 72,000$
Pipeline Permnt Easement - 30ft 135 rod 500$ No 67,500$ 67,500$
Valve Sites 3 ea 1,500$ No 4,500$ 4,500$
Pigging Site 1 ea -$ No -$
Temporary Laydown Yard 1 ea -$ No -$
Road Crossing Permits 1 ea -$ No -$
264 ROW - Contract Land Work 53,810$ 53,810$
Title Work 4481 ft 10$ No 44,810 44,810
Acquisition 0 lot No 0 0
Construction Support 5 lot 1,800$ No 9,000 9,000
265 Land Survey Costs 8,962 8,962
Pre-construction Support 4481 ft 2$ No 8,962 8,962 Survey ROW
Construction Support 0 lot No 0 0
As-builts 0 lot No 0 0
266 Legal Fees
269 Land in Fee
248 Contractors - Inspection 32,400 32,400
X-Ray - Crew 1 18 day 1,800$ No 32,400 32,400
X-Ray - Crew 2 0 day No 0 0
253 Contractors - Electrical
254 Contractors - Instrumentation & Control
256 Contractors - Civil
257 Supervision - 3rd Party 92,000 92,000
Chief Inspector 40 day 1,100$ No 44,000 44,000
Assistant Chief 40 day 1,000$ No 40,000 40,000
Clerk 0 day No 0 0
Material Coordinator 1 day No 0 0
Welding Inspector 0 day No 0 0
NDE Inspector 1 day No 0 0
Utility Inspector #1 1 day No 0 0
Utility Inspector #2 1 day No 0 0
Coating Inspector 1 day No 0 0
HDD inspector 8 day 1,000$ No 8,000 8,000
Tie-In Inspector 1 day No 0 0
Drying and Commission Inspector 1 day No 0 0
Environmntal Inspector 1 ea No 0 0
Safety Inspector 1 day No 0 0
262 Sand Blast & Paint
272 CTR Services-New Construction 331,736 331,736
Installation 4519 lot 20$ No 90,380 90,380
Bore 1948 ea 52$ No 101,296 101,296
272 CONSTRUCTION PREP 54,000
Hydro Excavtion 9 lot 3,000$ No 27,000 27,000
Goal Post Overhead Utility Lines 6 ea 500$ No 3,000 3,000
Temporary Fence Gaps 7 ea 1,500$ No 10,500 10,500
Timber Mats 25 ea 500$ No 12,500 12,500
Sand Bags 200 ea 5$ No 1,000 1,000
272 ROW & Clearing 12,000
Addtnl Clearing Timber & Brush 12 acre 1,000$ No 12,000 12,000
Grub, Chip, Grind, haul off stumps 1 ea No 0 0
Stabilization of ROW 1 ea No 0 0
272 Environmental Extras 4,600
Pipeline - AFE Budget Worksheet - Gate 3 - Exhibit A
South Bonnie Brae Street -30012129 - August 2023
965,384$ TOTAL Budget:
Silt Fence 300 ft 12$ No 3,600 3,600
Super Silt Fenced 1 ea No 0 0
12" Silt Sock 1 ea No 0 0
24" Silt Sock 1 ea No 0 0
Silt Filtration Bag 1 ea No 0 0
Curlex or Equivalent 1 ea No 0 0
Geo-Textile Fabric 1 ea No 0 0
Hay Bales 100 ea 10$ No 1,000 1,000
Flume Pipe (min. 16" diameter)1 ea No 0 0
Sack Brakers/Foam Brakers 1 ea No 0 0
272 Ditching 13,560
Double Ditch (topsoil segregation)3000 ft 2$ No 6,000 6,000
Extra Depth Ditch 580 ea 2$ No 1,160 1,160
Rock Excavation 800 ea 8$ No 6,400 6,400
272 Crossing & Backfill 14,800
Undefined Foreign Pipeline Xings 5 ea 2,000$ No 10,000 10,000
Single Wrap Rock Shield 800 ea 6$ No 4,800 4,800
Double Wrap Rock Shield 1 ea No 0 0
Mechanical padding 1 ea No 0 0
Top Soil - Haul in & Install 1 ea No 0 0
Padding Mat./Select fill - Haul in &
Install 0 ea No 0
272 Other Extras 31,100
Test Leads 3 ea 500$ No 1,500 1,500
Pipeline Markers 1 ea No 0 0
Safety Signs 1 ea No 0 0
Stone Rip Rap 1 ea No 0 0
Crushed Limestone 1 ea No 0 0
Flowable Fill Mix 1 ea No 0
Burn Ban 8 ea 700$ No 5,600 5,600
Hot Tie Ins 1 ea 6,500$ No 6,500 6,500
T&M for lowering 150' of pipeline 5 ea 3,500$ No 17,500 17,500
Water Truck 1 ea No 0
272 Construction-Fabrication 10,000
Fabricate & Install Pig Trap 1 ea No 0 0
Fabricate & install mainline Block
Valve 1 ea 10,000$ No 10,000 10,000
Fab & Install Ladders, Platforms,
Barricades 1 ea No 0 0
273 CTR Services-Maint/Repair
131 Buildings
134 Chemical - Clycol
137 Compressor oil
138 Compressors & generators
141 Electrical Equipment
145 Foundations
146 Measurements, Instruments & Controls
149 Other Equipment
150 Other parts & Supplies
151 Pipe, Valves & Fittings 5,325 266 533 6,124
Pipe, Valves & Fittings 1 ea 4,500$ Yes 4,500 225 450 5,175
TDW Hot tap/Stopple Fittings 1 ea Yes 0 0
Pipe Bends 11 ea 75$ Yes 825 41 83 949
Misc. PV&F - Fabrication Pipes 1 ea Yes 0 0
155 Line Pipe 78,577 3,929 7,858 90,364
Pipe - FBE 2571 ft 15.50$ Yes 39,851 1,993 3,985 45,829 FBE Line Pipe
Pipe - ARO 1948 ft 19.88$ Yes 38,726 1,936 3,873 44,535 ARO Coated
Pipe - Concrete Coated 1 ea Yes 0 0
157 Valves
159 Meter Tubes
160 Control Valves
156 Seperators, Vessels & Towers
161 Measurements, EFM, & Analysis
207 Professional Fees - Legal
209 Professional Fees - Other
217 Detailed Design
219 Environmental permitting - New & Mods
162 LinePack
299 Other Fees 103,291 103,291
Enlink 15% Mark-up 1 ea 103,291$ No 103,291 103,291 EnLink 15% mark-up to
complete/per contract
113 Allocated Capital Labor 13,800 13,800
Engineering/Project Management 6 day 1,000$ No 6,000 6,000
Existing Operations Personnel 3 day 700$ No 2,100 2,100
New Operations Personnel 1 day No 0 0
Land 6 day 950$ No 5,700 5,700
Security 0 day No 0 0
Purchasing 1 day No 0
201 Computer Hardware
202 Computer Software
218 Mapping & Drafting
258 Transportation Charges
279 Equipment Ren w/o Operator
311 Communications - SCADA
355 Office Supplies
357 Copier Service
551 Travel & Lodging
553 Meals & Entertainment
557 Auto Fuel
654 Safety Supplies
791,901 4,195 8,390 804,486
139 Contingencies 160,897$ 160,897$
0 -$ -$
20.00%160,897$ 160,897$
$952,798 $4,195 $8,390 $965,384
SUBTOTAL
Based on Fixed Amount ($)
Based on percent of "Subtotal before Contingencies" (%)
PROJECT TOTAL
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 1 of 8
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR
PLACEMENT OF GAS PIPELINES
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT the City of Denton, a Texas home rule municipal corporation (“Licensor” or “City”), acting
by and through its duly authorized City Manager, or their designee, for the consideration set out
below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto
EnLink North Texas Gathering, LP, a Texas limited partnership (“Licensee”), its successors
and assigns, the right to enter upon, construct, operate, maintain, repair, replace and expand gas
pipelines in certain parcels of land or easements owned by the City of Denton in Denton County,
Texas, Licensee to cross roads, streets and easements under the jurisdiction of Licensor as
described in “Attachment 1”, “Attachment 2 ”, “Attachment 3”, and “Attachment 4 ”, all
attached hereto and incorporated herein by reference (“Licensed Premises”), all pursuant to the
terms and conditions of this agreement (“License”).
Section 1- Right-of-Way Permit Application.
Nonexclusive use for relocation work required for the city’s Bonnie Brae Street Widening and
Realignment Project – Phase 3, Licensee shall have no obligation to submit a Right-of-Way
Permit application (“Permit”) or associated fee, as generally required under Code of Ordinances
Chapter 25, Article II, Division 3 – Right-of-Way Construction Management, Licensee will
provide to: ROW Inspection Department, Public Works Division, 401 North Elm Street, Denton,
Texas, 76201-4137, 940-268-7285; a minimum of two weeks prior to work beginning; plans
accurately showing the proposed location, course, and alignment of the proposed pipeline(s) and
schedule of anticipated work; In addition, Licensee will provide;
a. The business address and telephone number of the person responsible for the
operation of each existing pipeline;
b. The business address and telephone number of the owner of each existing
pipeline;
c. The telephone number of at least one emergency contact available on a 24-hour basis;
d. Certificates of insurance for the coverages set forth in this License; and
e. The name, address and telephone number of Licensee.
In the event that the governing body of the City authorizes someone other than the Licensee to
occupy space within the Public Rights-of Way, such grant shall be subject to the rights herein
granted or heretofore obtained by the Licensee. In the event that the governing body of the City
shall close or abandon any Public Rights-of Way which contains existing facilities of the Licensee,
any conveyance of land within such closed or abandoned Public Rights-of Way shall be subject to
the rights herein granted or heretofore obtained by Licensee. Provided, that the Company may be
ordered to vacate any land so conveyed if an alternate route is practicable and if the Licensee is
reimbursed by the person to whom the property is conveyed for the reasonable costs of removal
and relocation of facilities.
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 2 of 8
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
Section 2. Terms and conditions.
For and in consideration of the execution of this License and the mutual promises and covenants
of the parties hereto, it is mutually promised, understood, and agreed as follows, to wit:
1. Term. This License shall be for a term of ten (20) years unless terminated earlier as provided
hereafter.
2. Material transported. Licensee may operate pipelines authorized under this License for the
purpose of transporting gas and associated byproducts as described in “Attachment 1 – Licensee
Summary” or in accordance with any update notice filed with the City Engineer pursuant to
subsection 3 below. If Licensee changes the material transported in a pipeline, the Licensee shall
notify the City Engineer in accordance with subsection 3 below.
3. Updating information. Licensee shall update its plans within 30 days after changes occur.
Licensee shall not transport in a pipeline any material other gas and associated byproducts, or
operate pipelines in excess of their maximum operating pressure or disable any shutoff valve,
without notifying the City Engineer of such change ten days or more prior to such change. Upon
request by the City Engineer, made no more frequently than annually, Licensee shall certify in
writing to the City Engineer that Licensee's information provided to the City is true, correct and
complete. For the purpose updating information or notice by Licensee to City Engineer, the
mailing address is as follows: Attn: City Engineer, 401 North Elm Street, Denton, Texas, 76201-
4137.
4. Option to Terminate. Licensee shall have the option to terminate this License at any time
upon giving the Licensor written notice sixty (60) days in advance of such termination.
5. Option to Terminate. Licensor shall have the option to cancel and terminate this License
for failure of Licensee to comply with any provisions or requirement contained in this License
after sixty (60) days written notice to do so.
6. Condition Upon Termination. Upon termination of this License, Licensee shall abandon
the Licensed Premises, either physically retiring the gas pipelines, as per applicable standards,
or outright removal thereof. In the event of outright removal, Licensee shall obtain a separate
Right-of-Way Permit for such pipeline removal work and effect such removal within 120 days
of the Right-of-Way Permit approval by the City.
7. Abandoned pipeline. In the event a pipeline that is permitted by this License becomes an
abandoned pipeline; Licensee shall notify the City Engineer as soon as practicable. The City
may request the Licensee to remove such abandoned pipeline from the street (and if objected
to by Licensee, only if City Council so directs), and in such instance, Licensee shall obtain a
separate Right-of-Way Permit for such pipeline removal work and effect such removal within
120 days of Right-of-Way Permit approval by the City. Licensee shall not be required to pay
any fees under this License for an abandoned pipeline following the date of its abandonment;
however, Licensee shall not be allowed any credit or rebate for any fees previously paid for an
abandoned pipeline.
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 3 of 8
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
8. City Inspection. The City retains the right to make visual, non-invasive inspections of the
pipeline and on request of the City from time to time, to require Licensee to provide available
records or data to demonstrate its current compliance with the terms of this License.
9. Consideration. In consideration for the License granted herein, upon completion of the
lowering and relocation work; Licensee shall release easements to the City needed for the City’s
Bonnie Brae Street Widening and Realignment Project as more particularly described in Exhibit
“A” attached hereto and made a part hereof. Notwithstanding any requisite fees associated with
the Right-of-Way Permit referenced herein, the usual and customary street right-of-way use fees
shall be waived for this License as this License is being issued so the Licensee can relocate
its pipelines to an available location to accommodate conflicts brought about by the City’s Bonnie
Brae Street Widening and Improvements Project – Phase 3. This waiver is only applicable to
the relocation efforts associated with the City’s Bonnie Brae Street Widening and Improvements
Project – Phase 3.
10. Option to Renew. Licensee shall have the option of renewing and extending the term of
this License for additional terms in ten (10) year increments, by giving notice of Intent to Renew
in writing to the Licensor not less than ninety (90) days in advance of the date of termination of
the initial (20) year term. Upon receipt of such Notice of Intent to Renew, the Licensor will
process the Notice following the procedures set forth by the City.
11. Construction Upon Execution. Licensee shall have the right to begin construction of gas
pipelines upon the execution of this License by all parties hereto. The placement of the gas
pipelines shall interfere as little as practicable with the use of the streets, sidewalks, alleys,
easements, or private property and shall be in accordance with the directives of the City Engineer
of the City of Denton. Licensee shall bore under the Licensed Premises and shall not open cut
any of the Licensed Premises, unless approved by the City Engineer. Licensee shall provide “as
built drawings” to the office of the City Engineer upon construction of the gas pipelines depicted
in “Attachment 1”, “Attachment 2”, “Attachment 3”, and “Attachment 4”, all attached hereto. If
Licensee is found to be using the Licensed Premises for other purposes than those granted herein,
this License shall be null and void and Licensee shall have no further rights for Licensed Premises
usage.
12. Insurance and Indemnity. Licensee shall provide or cause to be provided the
insurance described below upon execution of this License.
a. Commercial General Liability Insurance.
This coverage must include premises, operations, blowout or explosion, products, complete
operations, blanket contractual liability, underground property damage, broad form property
damage, independent contractors and personal injury. This coverage should be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage and
$2,000,000 aggregate.. The insurance shall also include Pollution liability insurance coverage for
sudden and accidental environmental contamination with minimum limits of liability of five
million dollars ($5,000,000).
b. Automobile Liability Insurance.
(1) Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage; and
(2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability
section in Item 2 of the declarations page which includes coverage for hired, leased and non-owned
vehicles.
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 4 of 8
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
c. Worker’s Compensation Insurance. In addition to the minimum statutory requirements:
(1) Employer’s Liability limits of at least $500,000 for each accident, $100,000 for each employee,
and a $500,000 policy limit for occupational disease; and
(2) The insurer agrees to waive rights of subrogation against the city, its officials, agents,
employees, and volunteers for any work performed for the city by the Licensee.
(3) The Licensee shall comply with the provisions of with Section 406.096 of the Texas Labor
Code and rule 28TAC 110.110 of the Texas Worker’s Compensation Commission.
d. Excess Liability Insurance. Excess Liability Insurance shall be provided with limits of not
less than Five Million, ($5,000,000.00) annual aggregate.
e. INDEMNIFICATION. LICENSEE SHALL AND HEREBY DOES INDEMNIFY,
DEFEND AND SAVE HARMLESS THE LICENSOR, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER,
NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES
OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON, PERSONS OR
PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE LICENSEE, ITS
AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS; OR ON
ACCOUNT OF ANY NEGLIGENT ACT OF FAULT OF LICENSEE, ITS AGENTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS IN CONNECTION WITH
THE OBLIGATIONS OF THE LICENSEE UNDER THIS LICENSE; AND SHALL PAY
ANY JUDGMENT, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE
LICENSOR GROWING OUT OF SUCH INJURY OR DAMAGE INCLUDING BUT NOT
LIMITED TO, LIABILITY, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN
PART FROM THE NEGLIGENCE OF THE CITY OF DENTON IN THE COURSE AND
SCOPE OF PERFORMING ITS DUTES UNDER THIS LICENSE. IT IS UNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENTED BY THE LICENSEE TO INDEMNIFY AND PROTECT THE
CITY OF DENTON, TEXAS AND/OR ITS OFFICERS, EMPLOYEES, DEPARTMENTS,
AGENTS OR SERVANTS WHETHER THAT NEGLIGENCE IS THE SOLE OR THE
CONTRIBUTING OR CONCURENT CAUSE OF THE RESULTANT INJURY, DEATH
AND/OR DAMAGE.
f. General provisions
(1) All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR
NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER
AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE
IS REQUIRED”.
(2) Commercial General Liability and Automobile Liability insurance shall be written by
companies with A: VIII or better rating in accordance with the current Best Key Rating Guide
(3) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies
shall name as “Additional Insured” the Licensor and its officials, agents, employees, and
volunteers.
(4) Certificates of insurance must reflect all coverages and endorsements required by this section.
Coverage shall be placed with insurance carriers licensed to do business in the State of Texas or
with non-admitted carriers that have a financial rating comparable to carriers licensed to do
business in Texas approved by the City.
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 5 of 8
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
13. Performance Bond. Licensee shall provide a performance bond, in the amount of two
thousand dollars per location, ($2,000.00). Licensee may add additional gas pipelines and the
Director of Engineering shall determine the amount of the performance bond for additional gas
pipelines as approved by the Licensor in accordance with this License. In any event the amount of
the performance bond shall not exceed fifty thousand dollars $50,000. The performance bond
shall be executed by a surety company authorized to do business in the State of Texas in
accordance with Chapter 2253 of the Texas Government Code.
14. Subordination. This License is subordinate to the Licensor’s interests in the Licensed
Premises. Licensor reserves the right to use the Licensed Premises and the airspace above the
Licensed Premises for any public purpose allowed by law and to do and permit to be done, any
work in connection therewith which may be deemed necessary or proper by the Licensor on,
across, along, under or over said Licensed Premises. In this instance of License grant, so as to
accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and
Improvements Project – Phase 3, the reasonable and customary costs for any physical relocation
required of Licensee’s gas pipeline facilities within the Licensed Premises, that are deemed by
the City Engineer to be in conflict with any future City public works improvement initiative,
then such gas pipeline relocation costs shall be reimbursable to Licensee by Licensor, subject to
Licensor’s review and approval of a cost estimate provided by Licensee, prior to commencement
of that gas pipeline relocation work activity.
15. Notice. Any notice or communication required in the administration of this License shall be
sent to the Licensor as follows:
City Manager of the City of Denton
215 E. McKinney
Denton, Texas 76201
Any notice or communication required in the administration of this License shall be sent to the
Licensee as follows:
EnLink North Texas Gathering, LP
ATTN: Land Department
1722 Routh Street, Ste: 1300
Dallas, Texas 75201
Telephone No.: 940-577-3396
16. Police Powers. Licensee is subject to all police powers of the City of Denton in the
placement and maintenance of its gas pipelines, as well as all other ordinances as currently exists
and as may be amended in the future of the City of Denton. The City of Denton retains regulatory
authority over all health, welfare and safety issues that may arise in regard to the transport of gas
in the pipelines, except to the extent preempted by State or Federal law. Licensor shall have the
right to inspect Licensee’s safety reports and to require the inspection or review of the gas
pipelines by the City Engineer, or their designee, of the City of Denton. In this instance of
License grant, so as to accommodate conflicts brought about by the City’s Bonnie Brae Street
Widening and Improvements Project – Phase 3, the reasonable and customary costs for any
physical inspection or review of the gas pipelines required by the City Engineer will be
reimbursable by Licensor, subject to Licensor’s review and approval of an estimate provided
by Licensee, prior to that work activity.
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 6 of 8
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
17.Non-Transferrable Without Consent. The rights granted by this License inure to the
benefit of the Licensor. The rights shall not be assigned or transferred without the express written
consent of the governing body of the City of Denton. Any required consent is to be evidenced
by ordinance or resolution of the City Council of the City of Denton.
18.Transfer or Partial Assignment. Except as otherwise provided herein, or except as may
be hereafter determined by the parties, no party to this License may sell, assign, partially assign
or transfer its interest in this License, or any of its right, duties, or
obligations hereunder, without the prior written consent of the other party. Whenever the
consent or the approval of a party is required herein, such party shall not unreasonably withhold,
delay, or deny such consent or approval.
19.Waiver. No waiver or modification of this License or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this License, or the rights
or obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be waived unless
as herein set forth
20.Unenforceable Provisions. In the event that any one or more of the provisions hereof
contained in this License shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions,
and the License shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in this License.
21.Entire Agreement. This License and the exhibits attached thereto, constitute the entire
agreement among the parties hereto with respect to the subject matter hereof, and supersede any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this License. No amendment, modification, cancellation, or alteration of the terms of
this License shall be binding on any party hereto unless the same is in writing, dated subsequent to
the date hereof, and is duly authorized and executed by the parties hereto.
22.No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon
compliance with any of the terms or conditions of this License shall not constitute a general waiver
or relinquishment of any such terms or conditions, but the same shall be and remain at all times in
full force and effect.
23.Captions. The captions contained in this License are for informational purposes only and
shall not in any way affect the substantive terms or conditions of this License.
24.Laws of Texas. This License shall be governed by and construed in accordance with the
laws of the State of Texas. Venue for any disputes arising from the performance of this License
shall be in Denton County, Texas.
[SIGNATURES ON FOLLOWING PAGE(S)]
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES Page 7 of 8
as needed for the Bonnie Brae Phase 3 Widening & Improvements Project
IN WITNESS WHEREOF, the parties hereto have executed this License on this
day of , 2024.
LICENSOR:
CITY OF DENTON
LICENSEE:
ENLINK NORTH TEXAS GATHERING, LP
By: EnLink Energy GP, LLC
its general partner
By:_______________________________
Signature
__________________________________
Printed Name
__________________________________
Title
__________________________________
(J ,,s\op't-,, - , Gre.11-t'<t v)<
�� f�c\or u+-�� J_
d/crb7
ST A TE OF TEXAS
COUNTY OF DENTON
ACKNOWLEDGMENT
§
§ §
On this day personally appeared Sara Hensley, City Manager of the City of Denton, Texas,
known to me; to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that they executed that instrument for the purposes and consideration
therein expressed.
Given under my hand and seal of office this the __ day of _______ _, 2023.
Notary Public Signature
Commission Expiration Date ACKNOWLEDGMENTSTATE OF Lt>t>��\l,4-
COUNTY/PARISH OF LAfRYETfE
§ § §
On this day personally appeared Ch rislc1ivr S. G-f-t1t1U<y;<. Name ofEnlink thorized person signing \:):1:fc\o. o+ LAY\()..___ for EnLink Energy GP, LLC, the general partner of Title
EnLink North Texas Gathering, LP, known to me to be the person and official whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
said entities.
Given under my hand and seal of office this the 0/if¾.ay of &br,k"-''?J , 202!f._ .
•
JAMES REYNOLDS NOTARY PUBLIC 10 #186392 STATE OF LOUISIANA My Commission is for Life Commission Expiration Date
�,_,f:T ()>-VVAY ICt'IJ,C Tv U ,, l fR i,,_1�1 Cll Y Pf{'"lP�F< ry �R r:1 Al fM NT OF CAS Pl>'ELI \J"S
s nePdtd fo, tr, E,, r 'IP E,r,ie F '"l se 3 W Jer n,, & lir p 0vt.ments F', ec.t
PaEe 3
J;.-M,TA-IVV,'fll..Y
DATE:SCALE:DRAWING NO.:AFE:1"=300'APEX Land Surveying214 Wapiti DriveAzle, TX. 76020(817) 565-6681TBPLS Firm RegistrationNo. 101941-30A P E XDEL S. BREWSTER, A-56WILLIAM SHARIS, A-1174DENTON COUNTY, TEXASPRELIMINARYANSIOESR PFORTEI
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ANB TOMPKINS, A-1246
DENTON COUNTY, TEXAS
APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NAME: DC-400LINE NO.: 3421
ANB TOMPKINS, A-1246
JAMES EDMONSON, A-400
DENTON COUNTY, TEXAS
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APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NAME: DC-400LINE NO.: 3421
JAMES EDMONSON, A-400
DENTON COUNTY, TEXAS
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APEX Land Surveying
214 Wapiti Drive
Azle, TX. 76020
(817) 565-6681
TBPLS Firm Registration
No. 101941-30A P E X
LEGEND
PRELIMINARY
LINE NO.: 2502
A copy of both the RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES
and LICENSEE SUMMARY are to be provided with the completed ROW PERMIT APPLICATION
LICENSEE SUMMARY to
RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT
OF GAS PIPELINES
as needed for the Bonnie Brae Phase 3 Widening & Improvements Project
1. The location of the pipe to be installed/lowered in the public right-of-way is:
provided in the attached map and described in $WWDFKPHQWV
2. The maximum number of pipelines that may be installed in the public right-of-way
through this License is: One (1).
3. The types of pipeline appurtenances that are authorized to be installed under this License
for pipeline-related appurtenances, such as pipes, valves, compressors, pumps, meters,
pigging stations, dehydration facilities, electric facilities, communication facilities, and
any other appurtenances that may be necessary or desirable in connection with a pipeline,
are described as follows: Below ground equipment and facilities including valves,
fittings, measurement equipment, corrosion control devices, wires, cables, electronic
telemetry equipment, communications equipment, and pipeline operating control devices.
4. The maximum diameter, excluding any protective coating or wrapping, of each pipeline
to be initially installed under this License for a pipeline right-of-way is: Four (4)-inch.
5. For each pipeline to be installed under this License, the type or category of substances
permitted to be transported through each pipeline is: oil, natural gas, petroleum products,
carbon dioxide, and substances entrained therein, fresh water, saltwater or any other
liquids, gases (including inert gases) or substances that can be transported by pipeline.
6. Any aboveground equipment or facility that Licensee intends to install, maintain, or
operate under this license on the surface of the pipeline easement is described as follows:
No above ground appurtenances.
7. The maximum distance required (from center of pipe) for any other underground co-
habitation in the public right of way under this license is: Ten (10) feet.
8. For each pipeline to be installed under this license, the minimum depth at which the
pipeline will initially be installed is: Four (4) feet to top of pipe.
A copy of both the RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES
and LICENSEE SUMMARY are to be provided with the completed ROW PERMIT APPLICATION
$WWDFKPHQW1R: COD #3 Relocation into Public ROW
$WWDFKPHQW1R: COD #5 Relocation into Public ROW
$WWDFKPHQW1R: COD #6 Lowering within Public ROW
$WWDFKPHQW1R: COD #8 Lowering within Public ROW
PARTIAL ABANDONMENT AND RELEASE OF EASEMENTS
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This Partial Abandonment and Release of Easements (this “Partial Release”) is made and
entered into on this _____ day of ________________, 2022 (the “Effective Date”), by EnLink
North Texas Gathering, LP, a Texas limited partnership, whose address is 1722 Routh Street, Suite
1300, Dallas, TX 75201 (“EnLink”).
WHEREAS, EnLink (successor in interest to Crosstex CCNG Transmission, Ltd. And
Crosstex DC Gathering Company, J.V.) owns certain easement rights by virtue of its interest in the
following described instruments (collectively, “Easements”):
1.Easement granted to Crosstex CCNG Transmission, Ltd. by Robert W. Jones Jr.,
Trustee of the Jones Family Trust dated March 15, 2002, recorded as Volume 5307,
Page 4496 of the Real Property Records of Denton County, Texas; and
2.Easement granted to Crosstex DC Gathering Company, J.V. by Robert W. Jones
Jr., Trustee of the Jones Family Trust dated May 1, 2008, recorded in Instrument
Number 2008-58200 of the Real Property Records of Denton County, Texas.
3.Right of Way Agreement granted to Crosstex CCNG Transmission Ltd., by M.
Barry Clearman and Anita A. Clearman dated January 14, 2003, recorded as
Volume 5405, Page 1030 of the Real Property Records of Denton County, Texas;
and
4.Easement granted to Crosstex CCNG Transmission, Ltd. by Harlan Properties, Inc.
dated May 6, 2003, recorded as Volume 5340, Page 535 of the Real Property
Records of Denton County, Texas.
WHEREAS, EnLink desires to abandon and release the Easements with respect to, and
only with respect to, those certain tracts more particularly described on Exhibit “A” attached
hereto (“Release Tracts”).
WHEREAS, EnLink desires to reaffirm all of its right, title and interest created and
established by the Easements with respect to all other land subject thereto, with respect to which
the Easements shall remain in full force and effect and shall not be affected by execution of this
Partial Release.
NOW, THEREFORE, EnLink hereby abandons and releases the Easements with respect
to, and only with respect to, the Release Tracts. The foregoing abandon and release does not affect
any other lands subject to the Easements, and all rights of EnLink under and by virtue of the
Easements will remain in full force and effect and are in no manner waived or impaired as to all
lands subject to the Easements not located within the Release Tracts.
It is expressly understood that EnLink’s execution hereof relates and pertains only to
EnLink’s interest in said Easements and in no way affects any other rights owned by third parties.
[signature on following page]
EXECUTED by EnLink to be effective as of the Effective Date.
ENLINK: ENLINK NORTH TEXAS GATHERING, LP,
By: EnLink Energy GP, LLC
its general partner
By: __________________________
Christopher J. Greneaux
Director and Legal Counsel of Land
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on _____________________, 2022, by
Christopher J. Greneaux, Director and Legal Counsel of Land of EnLink Energy GP, LLC, the
general partner of EnLink North Texas Gathering, LP, a Texas Limited Partnership.
Notary Public, in and for the State of Texas
My Commission Expires:
AFTER RECORDING RETURN TO:
City of Denton – Real Estate Division
401 N. Elm Street
Denton, Texas 76201
Attn: Deanna Cody
Capital Planning
901 A Texas St., Denton, TX 76209 • (940) 349-8921DENTON
MEMORANDUM
DATE :September 25, 2020
11 () V Todd Hileman
FROM:
SUBJECT:
Paul Williamson £"la
Preliminary Engineering Work for Rearrangement of Gas Pipelines Agreement
Bonnie Brae Widening & Improvements – Phase 3 – Highland Park Road area
Staff has been coordinating with EnLink North Texas Gathering, LP, in anticipation of entering
into a Gas Pipeline Rearrangement Agreement for relocation of their gas pipelines that conflict
with the planned road improvements.
The subject Preliminary Engineering Agreement provides EnLink $25,000, up-front, to cover the
initial costs for their field surveying and design work necessary to develop a “plans &
specifications package”, to be put out for gas pipeline contractor bid purposes. Once the final
determination has been made as to the actual cost of the necessary gas pipeline rearrangement
work, a second agreement (Reimbursement Agreement) will be forthcoming between Enlink and
the City and will be placed on a City Council agenda for consideration. That Reimbursement
Agreement will provide a mechanism for the City to fund EnLink’s costs to move their gas lines
to accommodate this segment of the Bonnie Brae project.
The subject Preliminary Engineering Agreement, attached, has been approved to legal form by the
City Attorney’s Office and EnLink and the request is that you sign the Agreement, and thereby
also approval of the initial expenditure of an upfront $25,000, as payment to EnLink. EnLink was
very resolute in their policy of requiring an advance payment to cover their preliminary
engineering costs and related that no work would be performed on their part until payment to that
end has been received.
As an aside, in 2018/2019 the City entered into a Preliminary Engineering Agreement, and
subsequently a Gas Pipeline Rearrangement Agreement, with EnLink for Bonnie Brae - Phase 1
and their resultant work and billing measures proceeded as expected and without event.
Please contact me with any questions or concerns.
Paul Williamson, cell 940-390-9992
Cc: Seth Garcia, Project Manager (7 121), Paul Williamson, (892 1 )
OUR CORE VALUES
Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service
AGREEMENT REGARDING PRELIMINARY RIGHT-OF-WAY & SURVEY WORK
FOR REARRANGEMENT OF GAS PIPELINES
This Agreement Regarding Preliminary Right-of-Way and Survey Work for Rearrangement of
Gas Pipelines (this “Agreement“) is entered into by and between ENLINK NORTH TEXAS
GATHERING, LP (“EnLink”), with principal offices at 1722 Routh St., Ste. 1300, Dallas, TX
75201, and the CITY OF DENTON, a Texas home-rule municipality (“City”), whose mailing
address is 215 E. McKinney Street, Denton, Texas 76201 (individually referred to as “Party“ and
jointly as “Parties“).
WHEREAS, by virtue of the following described instruments, EnLink, as successor in interest
to Crosstex CCNG Transmission, Ltd. and Crosstex DC Gathering Company J. V., is the owner of
certain easement rights in, along, over, upon, and across certain property more particularly
described therein:
1.Right-of-Way Agreement dated December 24, 2002, by and between Alan Ray
Chamberlain and Linda Adele D Chamberlain, as Co-Trustees of The Chamberlain Trust,
as grantor, and Crosstex CCNG, Transmission, Ltd., as grantee, recorded under Instrument
Number 2003-175333;
Right-of-way Agreement dated December 24, 2002, by and between Curtis Jim Elder and
Kathleen Denise Elder, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee,
recorded under Instrument Number 2003-95698;
Easement Agreement dated May 6, 2003, by and between Harlan Properties, Inc., as
grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument
Number 2003-8 1049;
Right-of-Way Agreement dated January 14, 2003, by and between M. Barry Clearman and
Anita A. Clearman, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee,
recorded under Instrument Number 2003-14229 1 ;
Right-of-Way Agreement dated March 15, 2002, by and between Robert W. Jones Jr,
individually and as Trustee of the Jones Family Trust, as grantor, and Crosstex CCNG
Transmission, Ltd., as grantee, recorded under Instrument Number 2003-5 1981 ;
Right-of-Way Agreement dated September 26, 2003, by and between Robert W. Jones Jr.
Individually and as Trustee the Jones Family Trust and L. A. Nelson Individually, as
grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument
Number 2003- 162742;
Pipeline Right-of-Way Grant dated January 1 1, 2005, but effective January 6, 2005, by and
between Curtis J. Elder, Kathleen D. Elder, Alan R. Chamberlain, Linda Chamberlain, and
Alan Ray Chamberlain and Linda Adele Duffy Chamberlain, as Co-Trustees of The
Chamberlain Trust, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee,
recorded under Instrument Number 2005-16178; and
Grant of Easement dated May 1, 2008, by and between Robert W. Jones Jr., Trustee of the
Jones Family Trust, as grantor, and Crosstex DC Gathering Company, J. V., as grantee
recorded under Instrument Number 2008-58200:
2.
3.
4
5.
6.
7.
8
WHEREAS, EnLink operates and maintains existing gas pipelines (“EnLink Facilities“) in and
across premises depicted on Exhibit “A“ attached hereto (the “Premises”); and
WHEREAS, City desires to modify the location of South Bonnie Brae St. and Highland Park
Rd. (the “Road Development“), which proposed Road Development would conflict and interfere
with the EnLink Facilities in locations identified in Exhibit “A“ attached hereto; and
WHEREAS, City has agreed to pay the costs incurred by EnLink, or one or more of its
affiliates, for certain Right-of-Way and Survey work and other preliminary activities relating to
the proposed relocation or lowering of the EnLink Facilities;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is agreed by the Parties as follows:
1. EnLink’s Responsibilities: To determine the potential impact of the proposed Road
Development on the EnLink Facilities, EnLink will perform, or have performed, at City’s expense,
(i) a preliminary ownership and title review of tracts that may be affected by possible relocation
of EnLink Facilities (ii) contacting landowners to determine best possible route for EnLink
Facilities affected by the Road Development, (iii) a preliminary Survey design review of the City’s
proposed civil design plans regarding Road Development for possible rearrangement of the
EnLink Facilities, and (iv) a cost estimate for possible rearrangement of the EnLink Facilities
(collectively, the “Preliminary Right-of-Way and Survey Work“). Within sixty (60) days after the
completion of the Preliminary Right-of-Way and Survey Work, or earlier termination of this
Agreement for any reason, and EnLink’s final determination of its total actual costs and expenses
incurred in connection with the Preliminary Right-of-Way and Survey Work (“EnLink Total
Cost“), EnLink will furnish to City a statement (the “Statement”) setting forth the EnLink Total
Cost. Any adjustment between the EnLink Total Cost of the Preliminary Right-of-Way and Survey
Work and the Cost Estimate amount previously paid to EnLink pursuant to the Section 2 below
shall be made by the responsible party within thirty (30) days after EnLink’s submittal of the
Statement .
2. City’s Responsibilities: Within five (5) business days of the effective date of this
Agreement, and as a condition to EnLink commencing the Preliminary Right-of-Way and Survey
Work, City shall pay to EnLink an amount equal to Twenty-Five Thousand Dollars ($25,000.00)
(“Cost Estimate”) for the estimated cost of the Preliminary Right-of-Way and Survey Work.
3. No Obligation to Relocate or Lower the EnLink Facilities: This Agreement only governs
City’s obligation to pay the costs incurred by EnLink in connection with the Preliminary Right-of-
Way and Survey Work, and this Agreement does not obligate EnLink to relocate or lower the
EnLink Facilities. Further, nothing contained in this Agreement shall be construed to require City
or EnLink to enter into a facility relocation agreement or any other transaction, and nothing herein
shall serve as precedent for terms of a facility relocation agreement or any additional agreement(s)
that may be executed by the Parties.
4. Authority: Each Party represents that the person signing this Agreement on behalf of such
Party has the legal authority to execute this Agreement on behalf of his or her respective Party,
and that such binding authority has been granted by proper order, resolution, ordinance, or other
authorization of the entity. The other Party is fully entitled to rely on this representation in entering
into this Agreement.
5. Termination: This Agreement shall terminate upon completion of the Preliminary Right-
of-Way and Survey Work and satisfaction of all obligations set forth in this Agreement, and this
Agreement may only be terminated earlier by a Party if the other Party breaches a term of this
Agreement and fails to cure such breach within thirty (30) days of written notice from the non-
breaching Party.
6. Notice: Any notice required or permitted to be given under this Agreement by one party
to the other shall be in writing and shall be given and be deemed to have been served and given as
if delivered in person, to the address set forth below, on the party to whom notice is given, if placed
in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed
to the party at the address specified below.
The address for the City for all purposes contained in this Agreement and for notice under this
Agreement shall be:
Todd Hileman, City Manager
215 East McKinney Street
Denton, Texas 76201
Phone: 940-349-7 100
With copies to:
Trey Lansford, Deputy City Attorney
215 E. McKinney Street
Denton, Texas 76201
Phone (940) 349-8333
The address of EnLink for all purposes contained in this Agreement and for all notices hereunder
shall be:
Name: Colin Brammell
1722 Routh St., Ste. 1300
Dallas, TX 75201
Phone: 405-422-89 19
Email: coiin.bramnrell @en link.com
With copies to:
EnLink North Texas Gathering, LP
Attention: Land Department
1722 Routh St., Ste 1300
Dallas, TX 75201
7. Texas Law: This Agreement is being executed and delivered and is intended to be
performed in the State of Texas. The laws of Texas shall govern the validity, construction,
enforcement, and interpretation of this Agreement. THIS AGREEMENT IS PERFORMABLE
IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT
HERETO SHALL LB IN, DENTON COUNTY, TEXAS.
8. Time of Essence: Time is of the essence in this Agreement
9. Prior Agreements Superseded: This Agreement constitutes the sole agreement of the
Parties and supersedes any prior understandings, or written or oral agreements between the Parties,
if any, related to the subject matter of this Agreement, and may be amended or supplemented only
in writing executed by the Party against whom enforcement is sought.
10. Agreement Execution: This Agreement may be executed in any number of counterparts,
all of which taken together shall constitute one and the same agreement, and any of the Parties
hereto may execute this Agreement by signing any such counterpart.
11. Binding on Parties: This Agreement shall inure and be binding upon the successors and
assigns of the Parties.
_ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
WnMa?2020. -
ENLINK:
ENLHVK NORTH TEXAS GATHERHVG, LP
By: EnLink Energy GP, LLC
its general partner
=>
By :
Name: d%r'i+'pAp,- I. Cr'ear„ ,'y,‘
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[City signature on following page]
CITY:
CITY OF DENTON
Date :IItq lz6xo
ATTEST:
By: 322<z=2 .
Rosa Rios, City Secretary
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APPROVED AS TO LEGAL FORM:
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THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED AS TO
Financial and operational obligations and
Businl tHrIlls
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Graham Associates,Inc.
CONSULTING ENGINEERS & PLANNERS
600 SIX FLAGS DRIVE, SUITE 500
ARLINGTON, TEXAS 76011 (817) 640-8535
TBPE FIRM: F-1191frBPLS FIRM: 101538-00
EN-LINK GAS LINE RELOCATION EXHIBIT A
CITY OF DENTON, TEXAS
SOUTH BONNIE BRAE STREET
DRAWN BY: MPB
PROJECT NO.: 960-1001
DATE: 07/10/2020
SHEET 1 OF 1