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HomeMy WebLinkAboutC2008-474 - 11/18/2008 - ApprovedREIMBURSEMENT AGREEMENT State of Texas § County of Nueces § This agreement is entered into this ~~day of fin{ , 2008 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Tierra Pipeline Group, LLC, a Texas Corporation hereinafter called TIERRA; both acting through their duly authorized representatives. WHEREAS, CITY desires to replace an existing bridge on Kingsbury Drive over an unnamed tributazy of Turkey Creek as shown on Exhibit A; and WHEREAS, TIERRA is the owner of a petroleum products pipeline that is in conflict with the proposed bridge construction; and WHEREAS, the easement encompassing TIERRA's pipeline predates the dedication of the Kingsbury Drive Street Right of Way; the City will pay an amount not to exceed $150,000 for TIERRA to relocate its pipeline. NOW THEREFORE; CITY and TIERRA agree as follows: 1. TIERRA shall, at its own cost, adjust or relocate its pipeline to clear CITY's proposed bridge construction. The relocated pipelines shall be outside the project area lines as shown in Exhibit A. 2. TIERRA shall be responsible for surface restoration to its original condition all areas disturbed by their operations (i.e, lawns, trees, driveways, tree removal and replacement, other utility relocations and adjustment etc.).. 3. TIERRA shall submit to the CITY, for review, plans for the pipeline relocation and a schedule for completion. 4. CITY shall reimburse TIERRA for the costs of relocating the pipeline an amount not to exceed $150,000.00. Reimbursement shall be made upon submission of invoices detailing the costs incurred in the relocation. 5. TIERRA shall relocate its pipeline within 90 days of approval of this agreement __. by CITY Council. 6. CITY shall have no liability for any damages incurred due to TIERRA's operation.. Executed in duplicate this ~~ay of Cam, 2008. 2008-474 11/18/08 M2008-304 Page ~ oIz Tierra Pipeline Group CITY OF CORPUS CHRISTI,TX By ~/7~~~ l/~~:~-off Oscar Martinez Date Assistant City Manager RECOMMENDED Kevin Stowers ate Interim Director, Engineering Services ATTEST By ~ }----z,~Q^^ Armando Chapa, Date City Secretary APPROVED AS TO FORM ~~ ~~ City Attorney Date TIERRA PIPELINE GROUP, LLC Title ~`R'ECS-o(L ~~ ~/(V~-~"r~®NS 7811 S. Presa San Antonio, TX 78223 QT Gf~iRAll ~~. Kingsbury Bddge Replacement Page 2 0/ 2 Tiena Pipeline Company