HomeMy WebLinkAboutHYDRO-FAIRMONT REAL ESTATE, LLC - SSSA1
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
SANITARY SEWER 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 HYDRO-
FAIRMONT REAL ESTATE, LLC located at 11802 FAIRMONT PARKWAY, hereinafter
called "COMPANY".
I.
COMPANY is the COMPANY of certain real property, which is situated in 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.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however,to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY,the parties
hereto agree as follows,to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations,the City has determined the following:
Number of Employees on-site 25
Number of Contract Employees 5
Total on-site Employees 30
Sanitary Sewer Desired for Domestic Use
Total on-site x 50 gpd per employee) 1,500
Total Amount of Sanitary Sewer Approved
For COMPANY(Average Daily Volume,gpd)1,500
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IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions,to-wit:
A). COMPANY shall pay to CITY a one-time administrative connection charge of $5,000.
B). COMPANY shall pay the standard sewer tap fee based on CITY'S current sewer tap fee
schedule. Upon final approval of COMPANY'S on-site and/or off-site utility construction by
CITY, COMPANY shall pay the CITY'S standard sewer deposit fee through CITY'S Utility
Billing Division prior to receiving sewer service from CITY.
C). The average daily volume is established at ONE THOUSAND FIVE HUNDRED (1,500)
gallons per day. This number is based on an average of fifty (50) gallons per employee per
day established by CITY.
D). The average monthly volume is calculated to be eighty-five percent(85%)ofthe average daily
volume multiplied by a factor of 30.5,which shall be used to facilitate service billings.
E). The cost of sanitary sewer service up to the average monthly volume of THIRTY EIGHT
THOUSAND EIGHT HUNDRED EIGHTY EIGHT(38,888)gallons shall be one hundred
fifty percent (150%) of the CITY'S rate as established from time to time for commercial
customers inside its corporate limits.
F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume shall be two hundred percent (200%) of the CITY'S rate as established from time to
time for commercial customers inside its corporate limits.
G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of THIRTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY
EIGHT (38,888). Repeated sanitary sewer delivery greater than the established average
monthly volume may result in termination of service.
H). COMPANY agrees that during periods when the CITY'S collection system is surcharged,the
CITY may require the suspension of use ofthe sanitary sewer system for periods not to exceed
thirty-six hours.
1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens ofLa Porte.
J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees
to be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article 11 of the Code of
Ordinances)and any subsequent amendments or revisions.
K). Owner shall install a sanitary sewer sampling well in accordance with CITY'S standards to
ensure no sewer waste, other than domestic waste enters its sanitary sewer system.
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L). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
M). COMPANY agrees that it shall be bound by all applicable ordinances of CITY,relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards.
0). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
Q). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development project may be subject to certain additional requirements as described in Exhibit
A",attached. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines
and plumbing facilities.
VI.
In the event a State or Harris County license, permit, or permission to install the sanitary
sewer main is revoked,or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment,or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
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) days may result in termination of Agreement. CITY shall have the right to
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summarily correct, at COMPANY'&expense, any defect or deficiency, when in its opinion the
integrity of the public sanitary sewer system is threatened. a
IX.
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Upon receipt of written notice of termination, COMPANY shall have up to six (6) months stopreparefortransitiontoanothersanitarysewerserviceprovider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its r
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sole discretion.
pp
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of u
such conflict. The term of this Agreement shall terminate on December 31,2019. However,this
Agreement shall automatically expire at such time as there is no effective Industrial District l
Agreement between the parties or ifCITY exercises its right oftermination. fl
ENTERED INTO effective the day of
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Signature ofCompany's Authorized Representative
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Printed Name: N l(`f &94401W
Company RepresentatlWs Title: Old 6 r
Company's Address:
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ATTEST:CITY OF '
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Patrice Fogarty LoisJR. igby
City Secretary Mayo
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Corby D.Alexander
City Manager
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EXHIBIT "A"
to Sanitary Sewer Service Agreement
The Sanitary Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
N/A
Initial for Approval:
CITY APPROVAL: N/A
COMPANY APPROVAL: N/A
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