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HomeMy WebLinkAboutC2019-506 - 9/12/2019 - NA Page 1 of 7 AGREEMENT GRANTING A PIPELINE LICENSE TO EPIC CRUDE PIPELINE, LP, UNDER ARTICLE VII, CHAPTER 49, CITY OF CORPUS CHRISTI CODE OF ORDINANCES, GRANTING THE RIGHT TO OCCUPY CERTAIN CITY RIGHTS-OF-WAY AND CITY-OWNED PROPERTY FOR PIPELINES THROUGH DECEMBER 31, 2019 WHEREAS, Epic Crude Pipeline, LP ("Licensee") has made application to the City of Corpus Christi, Texas ("City") for a pipeline license in order to occupy property subject to certain City rights-of-way for pipeline purposes, under Article VII, Chapter 49, City's Code of Ordinances ("Article VII"); and WHEREAS, the City has determined that Licensee's application meets the requirements of Article VII; NOW, THEREFORE, LICENSEE AND CITY HEREBY AGREE AS FOLLOWS: SECTION 1. Grant of license. City grants to Licensee a license to operate, alter, inspect, repair, replace with like property, remove, construct, maintain, or abandon pipeline within the City rights-of-way as specified and described in Exhibit A, attached to this license and incorporated into it for all purposes. This license is granted under and subject to Article VII, the provisions of which are incorporated in this license and made part of this license for all purposes. The license granted commences on execution of this license by City and Licensee and expires at midnight on December 31, 2019, unless earlier terminated or extended under the provisions of Article VII. SECTION 2. Definitions. Definitions contained in Article VII apply to those terms as they are used in this license. SECTION 3. Application fee. City acknowledges receipt of Licensee's application fee of $3,000.00 for an initial application or for an application for extension, relocation, or enlargement of pipeline. SECTION 4. License fee. Licensee has tendered with its application the first annual license fee as set forth in Section 49-95, City's Code of Ordinances, in the amount of $1,500 plus CPI adjustments and late fees, if any, and agrees to make additional annual payments in accordance with such Section during the term of this Agreement, as extended. SECTION 5. Indemnification. By its acceptance of this license, Licensee covenants and agrees fully to indemnify and hold harmless the City and the elected officials and officers and employees of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and SCANNED Page 2 of 7 nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sublicensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. The City shall cooperate with Licensee in the defense of all claims, proceedings, actions, and suits subject to this indemnification. This indemnification shall not extend to any costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, or suit to the extent they directly or indirectly arise out of, result from or relate to the negligent or wrongful acts or omissions of City or its officers, agents, employees, representatives, consultants, or contractors. This indemnification survives the termination or expiration of this license. SECTION 6. Notices. All notices required or permitted by the terms of this license and Article VII, are deemed sufficient if given by personal delivery, or facsimile, or by prepaid, certified mail and addressed to each party as follows: Notice to City: City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361 880-3220 Facsimile: 361 880-3839 Director of Engineering Services Page 3 of 7 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361 880-3500 Facsimile: 361 880-3501 For overnight delivery: 1201 Leopard Street Corpus Christi, Texas 78401 or to any other addresses as may be designated in writing by City. Notice to Licensee: Epic Crude Pipeline, LP 18615 Tuscany Stone, Suite 300 San Antonio, Texas 78258 or to any other addresses as may be designated in writing by Licensee. SECTION 7. Applicable law. This license must be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created under this license are performable within the incorporated limits of the City of Corpus Christi, Texas. SECTION 8. Venue. Venue for any cause of action brought under this license shall be the State courts of competent jurisdiction in Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 9. Condemnation. In the event City-owned property or City rights-of-way are taken, in whole or in part, by a governmental authority other than City, all rights created by this license may, at the option of City, as to the condemned real property, cease on the date title to the land so taken or transferred vests in the condemning authority. Licensee will not have right to any proceeds of the condemnation. Licensee has the right to seek a separate condemnation award. Nothing in this license may be construed to limit City's condemnation authority. SECTION 10. Attorneys Fees. In the event either party brings any action under this license alleging that the other party to this license has defaulted on or breached obligations created by this license, the party who prevails is entitled to recover its reasonable attorneys' fees from the losing party. SECTION 11. Waiver. Failure of either party to require the performance of any term in this license or the waiver by either party of any breach of this license does not prevent subsequent enforcement of the particular term and is not deemed a waiver of any subsequent breach. Page 4 of 7 SECTION 12. Claims reserved. City does not, by the granting of this license, waive any claims it may have against Licensee for payments related to past occupancy of City rights- of-way or City-owned property by Licensee's pipe, and nothing contained in this license operates as a bar to City's actions, undertaken at City's sole discretion, to seek to recover payment of such claims. SECTION 13. Compliance with other ordinances. Nothing in this license relieves Licensee from full compliance with Article VII, Chapter 35, City's Code of Ordinances. Nothing in this license may be construed to grant Licensee permission, as required by Section 55-3, City's Code of Ordinances, to serve natural gas consumers within the City, as opposed to sales and deliveries for resale or generation of electric energy. SECTION 14. Relationship of parties. This license may not be construed to create between City and Licensee the relationship of partnership, joint venture, principal and agent, or any relationship other than that of City and Licensee as established by the provisions of this license and Article VII, nor may it be construed to be for the benefit of any third party other than City and Licensee. SECTION 15. General Conditions of Construction. a. Licensee is advised that the top of the 12" pipeline to be constructed must have a minimum 10-foot clearance from the top of their proposed pipeline to the bottom of all existing City water lines, and a minimum centerline to centerline horizontal distance of 10-feet from all other existing City utilities. b. The pipeline to be constructed must meet the required conditions below, as per approval of the City Water Department: Line pipe was speced at .312WT Grade X-52 rated to 2160psi Standard bore for project is .375WT Grade X-52 rated to 2600psi If needed we can use .500Wt Grade X-52 rated to 3000psi c. The pipeline to be constructed must have Cathodic Protection when crossing any existing City water lines. If improvements are needed to any of the existing City water lines, due to the possible stray current of the 12"pipeline making our City water lines the sacrificial anode, or if Cathodic Protection is needed on the City water lines, Licensee must provide that service to the existing City water lines. In witness whereof, this license agreement has been duly authorized, executed, and delivered by the parties as of the respective dates appearing below. Page 5 of 7 CITY OF CORPUS CHRISTI, TEXAS / AP, Dated: By l ,� w ,, �j Direc i r, Development Services g1 ATTEST: 2..t4 (Afiv( ` AL ZZ J. Co(lmCZ J 411, ALA,Cc REBECCA HUERTA CITY SECRETARY Epic Crude Pipeline, LP ' t- 1/4-/q Dated: 07112117 By 12(9- Title tforoci in �G'�' Page 6 of 7 EXHIBIT A The Hobson will consist 12" steel pipe and another deliver product to EPIC's Fractionator refinery. The steel pipe will be catholically protected to avoid pipe rot and the degradation of the pipe. While moving through fields and open areas the pipe will be constructed by trenching. When entering urban areas where trenching is not practical, boring will be the main method of construction. Before boring or trenching construction crews will call 811 dig to insure no lines are hits and to avoid accidents. Boring will also be used to cross city streets, utility lines and any other obstructions that would have an adverse effect if cut. Safety being a top concern EPIC will notify landowners within 300 ft of any construction activity. Any dwelling that EPIC will cross has already been purchased. The construction crews will have inspectors with them whose main job is to look over the crews working and make sure that everyone is wearing their Personal Protective Equipment (PPE). PPE consist of steel toed boots, hard hats and florescent vests. Once the Pipeline has been constructed main line block valves (MLBV) will be strategically placed along the line to ensure a quick, timely and effective response if an emergency is to occur. Also, there will be a 24-hour emergency hotline for reporting any emergencies with the line. Lastly, the fiber optic cable that catholically protects the line will give EPIC real time data and an availability to shut valves off at any time. After the completion of construction, the pipeline will be marked by markers that satisfy the cities requirements. Also, after completion EPIC will submit the as-builts to the city in the required frame of time. v 1. Q. a �` RIVER LANE • i- 4192+26.5 /. ,tA, -42604'39.7 FIGUEROA STREET -,„, \ j. ..,0 R `219+38.1 19+87.5ti .G � ti � • / \ ' 416- ! 6A1 �4 38+415 r �"-^ . (('� ` Ad SHARPSBURG ROAD r, . o• . !, s(alto,• ,;,� -•a$7-a s\ �a _�' 1,---,------------ • \-�_ • . c ,i 47+?37.1 '..6 r_.. 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NUECES COUNTY I 3 RIVER LANE II i I PROPOSED P. 1 I I r^ PIPEUNE I I 1 I + 1 I.'g 1 " I VICINITY MAP (a m 1 +I 0 1 + +II U100 0 + = OI 'p+ 0 N N 10441 .(11,-,, NI J7 4 ++ 0 A IO Vt T \ 1 + o V _ -i-1 , -i _11 -U !t+ E.' 0+ p rI lmp m 0 V ml . 0 07 :0 m 100 0 p 0 oI 2 FLOW m 5 ; 1,-9 ‘,;,:: m 3In1n1r�N75'04'34"W r p �a r 51 0 Zn0 IVO > m m1 In m — — m m m m mm o T PROPOSED •owl 1 12" PIPELINE \''. 1 P. LAT:=027.876200 LONG:=-097.617055 \ I I 1 I I • I I TX.N\\ U-038 II TX.NU-037 TX.NU-035 I COASTAL BEND BAYS 8 PATRICK DANIEL,MARY KATHERINE, I II ESTUARIES PROGRAM,INC. AND JAMES IRA BYERLY I 1 I I I 1 1 1 I,m 1 II PLAN APPARENT R.O.W.WIDTH=±40' CLOSEST INTERSECTION SCALE: HORIZONTAL 1"=20' ±585 FEET SOUTH TO CYNTHIA ST PROFILE SCALE: HORIZONTAL 1"=20' SCALE: VERTICAL 1"=6' 15 — 1 15 I — 0+45 Q OF RIVER LN 0+36 EDGE OF ROAD 0+55 EDGE OF ROAD 10— 0+25 0+65 —`-10 APPARENT i APPARENT — ROW LINE ,'r^„ ROW LINE — 5 / / / / / �\\�/////�/�\//��-5 4 MIN In TOP OF — - NATURALI 1 PIPE — GROUND 0— —0 BORE INSTALLATION 80' —5 I I I —5 —0-25 0+00 1+00 NOTES: J FS'END 1.ALL BEARINGS,DISTANCES,AND COORDINATES ARE BASED ON UTA ZONE 14 NORTH,NA083.IN U.S.SURVEY FEET. 2.THIS CROSSING IS DESIGNED AND WILL BE CONSTRUCTED IN ACCORDANCE WITH T11LE 49,CODE OF PROPOSED PIPEUNE MARKER FEDERAL REGULATIONS,PART 195,'TRANSPORTATION OF HAZARDOUS UQUIDS BY PIPEUNE'AND API 1102 STEEL PIPEUNES CROSSING RAILROADS AND HIGHWAYS'. 3.THE LOCATION OF EXISTING UTILITIES SHOWN ABOVE ARE APPROXIMATE AND ARE BASED ON PREVIOUS MAPS AND SURVEY.CONTRACTOR SHALL LOCATE ALL THE EXISTING UTILITIES PRIOR TO PIPE DATA- CONSTRUCTION. PRODUCT:CRUDE OIL 4.CONTRACTOR SHALL CONTACT TXDOT AND OTHER UTILITY COMPANIES AT LEAST 2 WORKING DAYS (48 HOURS)PRIOR TO CONSTRUCTION. CARRIER PIPE:CARBON STEEL.12'0.D., 5.CONTRACTOR SHALL CALL TEXAS ONE CALL SYSTEM AT 1-800-344-8377 AT LEAST 2 WORKING 0.375'W.T.,API 51 GR X60,PSL-2 w/ DAYS(48 HOURS)PRIOR TO CONSTRUCTION. 18-18 m9e FEE+20-30 ARO,ERW,TRL 6.CONTRACTOR SHALL NOTIFY THE APPROPRIATE COUNTY AUTHORITY AT LEAST 2 WORKING DAYS (48 HOURS)PRIOR TO CONSTRUCTION. MOP: 1,440 PUG METHOD OF INSTALLATION: BORE PROJECT:SILVERADO PIPEUNE JOB NUMBER:44617 3 EPIC Y GRADE PIPELINE LP DATE: 3/28/2019 ��'� SpM PROPOSED CROSSING DETAIL SCALE:AS SHOWN RIVER LANE TRACT ID:TX.NU-035.200 '"ca<oe""E"""" a11we�a'�U a�:510.3. n 410 Ts1..153wNUECES COUNTY, TEXAS DRAWN BY:A. CARLSON Austin:,.ern.,;75733,0.91.Ir,f1.,115.al1 01/350000 m.A. PATH:\\SAMINC\AUS\PRD,ECTS\1018044617\100\SURVEY\03EXHIBITS\TXNU-035.200\PRMT\00\TX.NU-035.200.DWC AUSIIN.CARLSON 3/29/2019 3:40 PM