HomeMy WebLinkAboutKURARAY, INC. - WSASTATE OF TEXAS
COUNTY OF HARRIS §
CITY OF LA PORTE
WATER StRVICE AGREEN ENE,
This AGREEMENT made and entered into by and between the CITY OF LA P.ORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
ICUR.ARAY, INC,, 13100 Bay Area Blvd. (HCAD Tax Z.D. # 100-515-000-0486) 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 pdrdes to a current Industrial District Agreement.
If.
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.agcee 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 bas determined the following:
Number of Full -Time Employees on site
50
+Number of Full -Time Contract Employees on site
19
= Total On -Site Ftill-Time Employees
69
Potable Water Approved for Domestic Use
(Total on -site Employees times SO'gpd per employee)
3,450
Total Amount of Potable Water Approved for
COMPANY (Average Daily Volume, gpd)
3,450
2
IV.
CITY has determined that adequate resources are available to CITY to furnish potable water
to COW -ANY based on the following. terms and conditions, to=wit;
(A) COMPANY shall pay to CITY a one-time administrative fee of$6,900.
(B) The total amount of potable water approved to COMPANY is established at THREE
THOUSAND FOUR HUNDRED FATTY (3,450) 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 ONE HUNDRED FIVE THOUSSA IVD TWO HUNDRED
TWENTY 1M, (105,225) 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 bitlings.
(D)Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of ONE HUNDRED F Mi THOUSSAND TWO HUNDRED TWENTY
FIVE (105,225) 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 watenservice from CITY.
(F) The cost of water up to the average monthly volume of ONE HUNDRED FIVE
THOUSSA.ND TWO HUNDRED TWENTY FIVE (105,225) gallons shall be billed at one
hundred fifty percent (150%) of the CITY'S rate as established i"rom 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 htindred percent (200°/b) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) 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 ttie site. COMPANY'S
development may be. subject to certain additional requirements as described in Exhibit A.
These .requirements shall be shown oil the final site planand approved by City.
(1) COMPANY'S site design and site development will, in certain cases, be. subject to specific
"Rules and Regulations" as defined in Ekhibit "C" of COMPANY'S Industrial District
Agreement with CITY.
(d) 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 backflow preventer' shall be installed and maintained by COMPANY
to protect CITY from any possible cross -connections.
(L) COMPANY'S potable water supply system will be segregated from an) existing and future fire
protection system.
(M) The total cost for the engineering design and construction of any potable water main,
service fine, back flow preventer, meter or other required appurtenances will be the
responsibility of COMPANY.
(N) COMPANY agrees to be bound by all .applicable ordinances of CITY, relative to the furnishing
ofpotable 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.La-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 andfor water
volume requirements of COMPANY.
a
All expenses of (lie 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.
M
In the event a State or Harris County license, permit, or permission -co 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 meter(s) and to observe compliance with the terns
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.
4
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) 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 -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 teens 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 con"), to the extent of such
conflict. The term of this Agreement shall expire on D e<-e-m br2 -31_s.7' 2 0 ! :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 patsies or if CITY exercises
its right of termination.
ENTERED INTO effective the & . day of h it o 13
Signature of ompany's Authorized Representative
Printed Name: Uy
Company Representative's Title, 1JOIMIJ� -1 i— t`
Company's Address:
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Knox W. Askins
CityAttorney
E
Mayor
Corby D. Alexander
City Manager
6
EXHIBIT "A"
to Water Service Agreement
The Water Service Agreement is hereby, amended and supplemented W include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive water service from CI j'Y 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 Re uiverrients of COMPANY:
NIA
Initial for Ant rroval:
CITY APPROVAL:
COMPANY A PPROVAL:
N
N D ST o z WN
AREA MAP iN N
_ W TYLERxST z N w y
W Z Z z Z Z Z Z 2
w Nor" n W POLK¢5T z POLK ST
W MAIN ST, ~j. ? w N N z
0
LL WCST `I WCST
I-
0 DOGWOOD DR F W D ST '
MULBERRY'DR ROSEWOOD CT WEST W E 8T
BIRCH DR WcFST CO u x
MESQUITE DR rvi W G ST'
PECAN DR I-_'°
��, W ST
SPRINGWOOD DR ,..
REDBUD DR t.. N WI ST
FAIRMONT PKWY TP.KWY
_ � , - RMON
W FAI
-.-.l ull '—' cpr� Gr
ka:r
W M=ST
GARDEN WALK
{! ' Ti*mom ¢ EXPOR DR
m ,
J F:
gg f
�.
uu
} WHARTON
EEMS BLVD
raq
'
k � as
JUNIPER
MCCABE
RD
^ 7 w z WINDLEAF DR
Legend
e• P ,a
KURARAY, INC. TRACT _ : ,�, cHOATERo
SHOREACRES BLVD
® CITY LIMITS
INDUSTRIAL DISTRICT