Freeport NIP(7.0)-CS021009Ken Griffin The Container Store
From: Andrea Roy
To: Ken Griffin
Date: 10/9/02 8:05PM
Subject: The Container Store
Ken:
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As we have begun discussions on the manner in which the City will assist Duke Realty in maintaining the
water level in the proposed pond at the southeast corner of the Freeport Pkwy and Ruby Road
intersection, it has been recommended that a pipe be installed under Ruby Road while under construction.
This would allow direct connection from the Wagon Wheel well to The Container Store /Duke's property.
(It is my understanding that the agreement for Ruby Road is complete and it has been put out to bid -we
may have already received bids.)
While running a line sounds simple, I'm aware that it may not be, particularly since plans have been
completed. Can you provide some feedback regarding the possibility of placing a line under Ruby Road?
I have requested a copy of the draft plans that Duke has prepared for the southwest portion of the site, so
that we may look into further.
Additionally, we are planning to get together internally, in the very near future, to discuss this agreement.
While I know the detention pond issues can not be addressed without the input from Duke's engineer, who
will provide specifics on the liner, etc. I have begun to include some specifics that must be tied down on
our side. Please take a glance at Section 5.10 of the Agreement (as attached), which discusses the
Detention Pond.
Please let me know if you have any questions relating to this. Otherwise, I will be contacting you soon to
schedule a meeting.
Andrea
CC: Gary Sieb
Page 1
ARTICLE VI
Maintenance of water level
Should we cap our monthly water?
If they have a problem with the pond holding water we could divert all our water to the pond.
Do we know if the wells in wagon wheel have capacity?
What size line? Who is going to design line? Do we need another pump on the well?
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time as the property is developed or is no longer under the ownership of the City.
5.10 Detention Pond. The City, in coordination with Duke Realty Corporation, will assist
(what is the expectation of maintaining the level? Is it our responsibility to put all water in the pond if it is
low or is there a split where Duke puts in some and we put in some? ie 50 /50 ?)in the- maintaining
maintenanee-of the water level in the detention pond to be constructed on the Land. To assist the City in its
agreed upon efforts, Duke Realty shall construct a lined (should lined be defined pond so as to prevent
water seepage into the ground, install a meter on the line (will they have a separate line from the Citys
water system in addition to the line from the city well and install a float valve so as to provide an
automatic shut -off (who is designing this and assist the City is preserving water. The City shall be
relieved of maintaining the water level (word maintenance conjures up ideas that we will
in some way provide "maintenance" of the pond) at such time that the City moves to Stage 3 (and higher)
of the Water Use Plan.
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