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HomeMy WebLinkAboutSAM GHANDI (HOME2SUITES) - UEAUTILITY EXTENSION /4iaREEMENT (CLP PROJECT NO. 15-65000001) THE STATE OF TEXAS: COUNTY OF HARRIS: This agreement, made this n.�• day of%r�re ' 2016, between the CITY OF LA PORTE, herein called "CITY", acting herein through its City Manager, and SAM GHANDI, of Galveston County, State of Texas, hereinafter called "OWNER". W ITNESSETH 1. All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to the extension of an 8" WATERLINE EXTENSION ALONG S. 13TH ST. FROM W. "K" ST. TO W. "L" ST. TO SERVE HOME2SUITES per plans and specifications prepared by BLEYL &ASSOCIATES (Job No. N/A). 2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as HOME PORTE SUBDIVISION, COMMERCIAL RESERVE "A" —BLOCK 1135 &ABANDONED 16' PUBLIC ALLEY PER CITY OF LA PORTE ORDINANCE No. 2004-2800, TOWN OF LA PORTE. City's utility main(s) presently do not extend to Owner's said property. Owner has requested to extend City's utility main(s) to serve Owners said property. 3. City hereby agrees to the construction and installation of an extension of its utility mains) to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/through public right(s)-of-way and/or easement(s) 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. 4. 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 for preparation and submittal of final As -Built construction drawings upon completion of construction. S. 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 onthe 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. Owner shall be responsible for maintenance of utility mains) until City issues Owner a letter of final acceptance of the utility main construction. At which time, maintenance of said 8" waterline shall become the responsibility of Cl 7. City agrees to accept the value of the extensions) as a pro rats portion of the prevailing square footage and/or front 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 maybe 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 line(s) constructed under this agreement, by making connection thereto under a permit from City within a period often (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 Owner's own water square footage connection charges. COST OF UTILITY MAINS) $ (Final Construction &Installation Casts 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) CITY OF LA PORTE ATTEST: BY: Corb D Alexander, Ci y Manager (Seal) Ind1 Patrice Fogarty, CityZ Secretary G BY: OWNER (Witness or Secretary ofCorporation) (Owner or Authorized Representative) EXHIBIT "A" TO U.E.A CLIP NO. 2015"65000001 898 10 $99 900 y 8" W FAtRMONi PKWY S H r 1097 1098 1095 1096 PROP. 8" W.L. EXT. 12" 8" 1137 1136 Pr. a 11 4 1135 1144 1145 1146 1147 NOTE: PT. 'A' TO PT.'B -ELIGIBLE FOR REIMBURSEMENT