HomeMy WebLinkAboutALMONDWATER, LLC - WSA1
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS,
a municipal corporation of Harris County, Texas, hereinafter called "CITY", and
ALMONDWATER, LLC located at 4330 NEW WEST DRIVE hereinafter called
COMPANY".
I.
COMPANY is the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
H.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
uses. Previous planning considerations for the long-range potable water supply of CITY did not
include the needs of properties located outside the corporate limits of CITY. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY
agrees,however,to provide limited potable water service to COMPANY. For and in consideration
of furnishing domestic potable water by CITY,the parties hereto agree as follows,to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees that
will be located at the COMPANY'S property as of the date of this agreement, upon which
representations CITY has relied in entering into this Agreement.
Upon review ofthese representations,the City has determined the following:
Number of Full-Time Employees on site 15
Number of Full-Time Contract Employees on site 0
Total On-Site Full-Time Employees 15
Potable Water Approved for Domestic Use
Total on-site Employees times 50 gpd per employee) 750
Total Amount of Potable Water Approved for
COMPANY(Average Daily Volume, gpd) 750
2,
TV.
CITY has,deterihined that,.ad"equate resources are.available-to CITY:to filrnish potable water
to COMPANY based:on the following terms and conditions,to-Wit,
A)COMPANY shall pay to CITY a.one-time administrative fee,of$5,000.
B)The total amount. of potable: Water approved to COMPANY- is established at SEVEN
HUNDRED'F111TY (750) gallons,per day. This number is:based on an average of fifty(5,Q)
gallons Per-employee per day as established by CITY.
C)The:-average monthly VolLinle of TWENTY TWO THOUSAND EIGHT HUNDRED.
SEVENTY FIVE(22,8751gallons is establi'Shbd.by hi(iltiplyin''g the_average daily volunie'.by:a.
factor of-30.5,which shall be used.to facilitate CITY'S utility,service billings.
P)Nothing-contained in this Agreement shall obligate CITY to furnish more than the averagege
monthly voltin'16 of TWENTY TWO THOUSAND EIGHT HUNDRE0 SEVENTY FIVt
12j875)-gallons. Repeated c.o istimption greater than the established.average,monthly volumeI - , e v
may,restiff in termination ofservice,
E)COMPANY shall pay thee standard water tap/meter fee based. on.CITY'S current tab/meter
fee; schedule. ' Upon final- approval of COMPANY'S on-site -and/or, off.-site utility
construction by CITY, COMPANY shall pay the CITY'S staitclAed water depositfee throiigh
rCITY'S Utility Billing Di'visio6pkior to receiving water service:fom CITY.
F) The cost of water tip. to the average monthly volume of TWENTY TWO THOUSAND
EIGHT HUNDRED SEVENTY AVE (22,875) gallons shall be billed atone hundred fifty
percen't(150%) of the CITY'S rate.as established from time to time for commercialial customers
inside its corporate limits.
G)TIle.cost of water for amounts used in excess of theestablished average nionthlytvolui.ne shall
be billed at:two hundred percent(200%o). the CITY'S rate as-established from tuneto tune for-
comnlercial customers inside its corporate limits.
H)COMPANY shalt submit preliminary site plan showing:the total acreap-e ofthe tract preluding
present and proposed impi-cftmeilts-and. a suitable location map of the site. COMPANY'S
development.may be subject- to certain additiOna
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I requifeilltrits as described
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in Exhibit A.
These requirements shall be"shown on the final site plan and approved by City.
1) COMPANY'S:site design and site-development will, in certain cases,,-be subject to specific
Riles and Regulations" as defined in Exhibit "C" of COMPANY'S Industrial, District
Agreement with CITY.
J) All plumbing installed by COMPANY.connected to the domestic water line from CITY, shal-I
meet all applicable.State ofTexas and CITY plumbing code requirements.
K)A,reduced pressure zone backflow.preventer shall'be installed and maintained by COMPANY
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to.-protect CITY from any possible cross-connections.
L)COMPANY'S potable water supply system will be segregated,from any existing and fixture fire
protection System.
M) The,total cost for the engineering design and construction of any potable.water main,
service line,, back flow preventer, meter or other required appurtenances will be the
responsibility ofCOMPANY._
l)COMPANY agrees.to be bound by all applicable ordinances,of CITY,relative to the furnishing,
ofpotable water to custoiiiers.within the.corporate limits of CITY.
0)There shall be no resale of water`provided by CITY, noir any extension of service'lines byCOMPANYtoserve:other parties.
P)_C1TY'S_.personnel shall have the.right ofprior review and approval of plans'and
specifications for tile.plumbing system(s) . CITY shall have the right to inspect any and all work
related to the furnishiiig;ofpotable water to COMPANY.
Q)CITY shall have the tight to niterrinkor temporarily suspendsaid water service.to COMPANY
if an. emergency anises and there-. isi not an adequate water supply to meet the needs of the
citizens ofLa Porte.
R)CITY reserves the: right to enforce its drought.contingency plan on all water customers-at
CITY'S sole discretion.
S) CITY does not guarantee its water system to provide specific water .pressure and/or water.
volume requirements ofCOMPANY.
V.
Alli expenses of tile,installation of the meter;service lines f•oin the maim,to the mdeter; an
from tire, meter to COMPANY'S :facilities, shall be solely at 'the expense of COMPANY.
COMPANY shall own and triainiain all'service lines and plumbing facilities beyond the meter..
CITY shall,own the meter.
VI.
In the event a State or Haffis County,license; permit;or permission to install the water ina'in
is reVoked,,,or'felOcatiOfi or adjustment 8,required,.CITY will not be responsible;foe the expense of.
stich relocation,.adjustinent,or replacement.
VII.
CITY reserves the right of entry at ail reasonable times for the purpose of inspection of
COMPANY'S water facilities, reading its water meter(s)and to observe compliance with the terms
and. conditions of this. Agreetnent. When exercising its right of entry, CITY.shall notify
COMPANY in advance. CITY also agrees to follow established-health and safetypolicies in effect
At COMPANY'S facility. .
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VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terns
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct.defects
within ten (10) calendar days from date of written notice by CITY may result in termination of
Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense,any defect
or deficiency,when in its opinion the integrity of the public water supply is threatened.
IX.
Upon receipt of written notice oftermination, COMPANY shall have up to six(G)months
to prepare for transition to another water supply. if the transition is not complete within said six-
month period,CITY shall have the right to terinitiate water service at its sole discretion.
X.
In the event of any conflict between the tetras and provisions of this Water Service
Agreement and the terms and provisions of(lie Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall con(rol, to the extent of such
conflict. The term of this Agreement shall expire on DBUMBER 31,2019 plus any renewals and
extensions thereof. However,this Agreement shall automatically expire at such time as there is no
effective industrial District Agreement between the parties or if CITY• exercises its right of
termination.
ENTERED INTO effective the day of.
S'ignatur'e ofCompmi ' Authorized Representative
Printed Neme:__ lfc L 111 A
n/
Company Representative's'fille:_
Company's Address:
S 1 IVF
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ATTEST: CITY OF TE
Patrice Fogarty Lou' .R.Rigby
City Secretary Mayor
APPROVED:
By:
Knox W.Askins. Corby Rlexander
City Attorney City Manager
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EXHIBIT "A"
to Water Service Agreement
ThbWater -Service Agreement is hereby ame,00d and. supplemented to include the. 'following
additional -requ-irements agreed to by CITY and' COMPANY. These requirements represent
contractual obligations of COMPANY to receive.Water service ftoin CITY per the terms'60 the:
Water.Service.Agreemerlt and this addendum. COMPANY shall fliffill each of the following
additional requirements,as set'forth below.
Adiliticiiial.Rggiiir.ein-6iitg ofCOMPANY:
N/A
Initial for Approval:
CITY APPROVAL, NIA
COMPANY APPROVAL: N/A