HomeMy WebLinkAboutGSL PARTNERS SUB 51, LLC - WSASTATE 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 GSL PARTNERS
SUB 51, LLC located at 4130 NEW WEST DR. 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.
II.
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:
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 of these representations, the City has determined the following:
Number of Full -Time Employees on site 50
+Number of Full -Time Contract Employees on site
=Total On -Site Full -Time Employees 50
Potable
Water Approved
for Domestic
Use
(Total on -site Employees
tones 50 gpd
per employee) 2,500
Total Amount of Potable Water Approved for
COMPANY (Average Daily Volume, gpd) 2,500
ORIGIPIAL
2
IV.
CITY has determined that adequate resources are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to -wit:
(A) COMPANY shall pay to CITY aone-time administrative fee of $51000.
(B) The total amount of potable water approved to COMPANY is established at TWO
THOUSAND FIVE HUNDRED (2,500) gallons per day. This number is based on an average
of fifty (50) gallons per employee per day as established by CITY.
(C) The average monthly volume of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY
(76,250) gallons is established by multiplying the average daily volume by a factor of 30.5,
which shall be used to facilitate CITY'S utility service billings.
(D)Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76,2501
gallons. Repeated consumption greater than the established average monthly volume may
result in termination of service.
(E) COMPANY shall pay the standard water tap/meter fee based on CITY'S current tap/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 standard water deposit fee through
CITY'S Utility Billing Division prior to receiving water service from CITY.
(F) The cost of water up to the average monthly volume of SEVENTY SIX THOUSAND TWO
HUNDRED FIFTY (76,250) gallons shall be billed at one hundred fifty percent (150%) of the
CITY'S rate as established from time to time for commercial customers inside its corporate
limits.
(G) The cost of water for amounts used in excess of the established average monthly volume shall
be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(IT) COMPANY shall submit a preliminary 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 may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the final site plan and approved by City.
m COMPANY'S site design and site development will, in certain cases, be subject to specific
"Rules and Regulations" as defined in Exhibit "C" of COMPANY'S Industrial District
Agreement with CITY.
(.T) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements.
(K) A reduced pressure zone backlow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross -connections.
ORIGINAL
3
(L) COMPANYS potable water supply system will be segregated from any existing and future fire
protection system.
(IvT) 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 of COMPANY.
(1*n COMPANY agrees to be bound by all applicable ordinances of CTI'Y, relative to the furnishing
of potable water to customers within the corporate limits of CITY.
(0) There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(P) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and
specifications for the plumbing system(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to COMPANY.
(Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of LaPorte.
(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 of COMPANY.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
hi the event a State or Harris County license, permit, or permission to install the water 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 water facilities, reading its water meters) 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.
ORIGINAL
0
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) 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.
DC.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) 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 terminate water service at its sole discretion.
X.
in the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall expire on DECEMBER 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
Signature of Company's Authorized Representative
Printed Name:--%✓'a7��hh__� qq
Company Representative's Title: �'Y: P.^z^� � /i SSvc�a.i7'
Company's Address:
ORIGINAL
ATTEST:
Patrice Fogarty
City Secretary
rviayor
APPROVED:
By:
Knox W. Askins Corby D. Alexander
City Attorney City Manager
ORIGINAL
G�
EXHIBIT "A"
to Water Service Agreement
The Water 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 water service from CITY per the terms of the
Water 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
ORIGINAL
AREA MAP wE
(4130 NEW WEST DR.) s