HomeMy WebLinkAboutLIBERTY PROPERTY LIMITED PARTNERSHIP - UEA1
UTILITY EXTENSION AGREEMENT
(Owner Funded Extension)
THE STATE OF TEXAS:
COUNTY OF HARRIS0
607
This agreement, made this ® day of , 2044 by and between the City of La Porte,
herein called "City", acting herein through its City Manager and Liberty Property Limited Partnership
of 105 ®(/ , State of , hereinafter called "Owner".
WITNESSETH
1. All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to the extension of
water and sanitary sewer
plans and specifications prepared by Terra Associates ,Inc.
No.
City of La Porte File
Exhibit "A" attached her and made part of herein.
per
Job
and generally illustrated on
2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as
K?
4.
Liberty Property Limited Partnership, a Pennsylvania limted Partnership
City's utility main(s) presently do not extend to Owner's said property. Owner has requested to extend City
utility main(s) to serve Owners said property.
City hereby agrees to the construction and installation of an extension of its utility mains) to said property
commencing at the nearest existing utility mains) of sufficient size and capacity. Thence along/through public
rights -of -way and/or easements to and through said Owner's property. Provided, however, that should City not
possess all necessary rights -of --way and/or easements to complete said extension(s), Owner shall be solely
responsible for obtaining said additional rights -of --way and/or easements at no cost to City on City approved
forms.
Owner agrees to pay all costs related to the construction and installation of said utility mains) including
necessary appurtenances in conformance with City's standards and specifications for said utility main(s).
Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction
staking, construction inspection, and preparation and submittal of final As -Built construction drawings upon
completion of construction.
2
5. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility
mains) according to the plans and specifications to be prepared by the Owner's engineer and approved by the
City. Upon final approval of plans and specifications, Owner will solicit no less than three (3) competitive
quotes for construction of the project each from a contractor with demonstrated experience in construction of
public utility mains. When received, the Owner's engineer shall tabulate quotes and a copy of said tabulation
shall be provided to City. City shall approve Owner's selection of a contractor based on the competitive quotes
and City shall authorize construction of said utility main(s). It is agreed and understood that the Owner shall
pay for any unforeseen costs or cost overruns in the project that result from circumstances beyond the control of
the City.
6. It is agreed and understood that the Owner shall be responsible for maintenance of said utility mains) until final
acceptance of the construction and installation of said utility mains) by City, at which time maintenance
responsibilities of said utility mains) shall be transferred to City.
7. City agrees to accept the value of the extensions) as a pro rata portion of the prevailing square footage and/or
fr
ont footage connection charge for water and/or sanitary sewer service against said property belonging to
Owner. Owner shall be responsible for all other customary charges.
8. Upon execution of this agreement and compliance with terms herein, Owner agrees to begin construction
thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under
such contract to diligently pursue the construction of the project to completion.
9. In the event that other owners of property abutting the lines) extended by Owner under this contract, as shown
on the plat attached hereto as Exhibit "A" and incorporated by reference herein, shall utilize the extended lines)
constructed under this agreement, by making connection thereto under a permit from City within a period of ten
(10) years from and after the date City has accepted the construction of said facilities by the contractor, City
agrees to collect from said property owners, its prevailing square footage and/or front footage connection fees
from said property owners and to reimburse Owner the amount collected from such property owners, until
Owner has be reimbursed a maximum total of the costs related to the construction and installation of said lines
paid by Owner under the terms of this agreement, less amount of City participation, and less Owner's own water
square footage connection charges.
COST OF UTILITY MAINS)
$
(Final Construction &Installation Costs Submitted by Engineer)
LESS OWNER'S CONNECTION FEE(S)
$
EQUALS
$
(Maximum Amount Reimbursable to Owner)
Note: Blanks to be filled in upon completion of Utility Main Construction
In the event that other Owner(s) have participated in the cost of the extension of this line(s), all participating
owner(s) shall be reimbursed pro rats to their respective participation in the cost of the line(s).
IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each
of which shall be deemed an original, in the year and day first mentioned above.
(Seal)
ATTEST:
BY:
(Seal)
BY:
(City Secretary of La Porte)
(Witness or Secretary of Corporation)
BY:
CITY OF LA PORTE
OWNER
EXHIBIT "A" TO UEA
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