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Home My WebLink AboutVIGAVI REALTY, LLC - SSSASTATE OF TEXAS COUNTY OF RABBIS CITY OF LA FORTE SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA FORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and VIGAVI REALTY, LLC f 11804 FAIRMONT PARKWAY), hereinafter called "COMPANY". I. COMPANY is the COMPANY of certain real properly, which is situated in CITY'S Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY aze parties to a cun•ent Industrial District Agreement. 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 famishing sanitary sewer service by CITY, the parties hereto agree as follows, to -wit: u COMPANY has made certain representations to CTTY as to the number of employees, as of the date ofthis agreement, upon which representations CITY has relied in entering into this Agreement. Upon review ofthese repmsentations, the City has determined the following: Number ofEmployees on -site 50 Number of Contract Employees 0 Total on -site Employees 56 Sanitary Sewer Desired for Domestic Use (Total on -site times 50 gpd per employee) 23600 Total Amount of Sanitary Sewer Approved For COMPANY {Average Daily Volume, gpd) 2y500 N. 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 jaM. (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 C1TY'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 TWO THOUSAND FIVE HUNDRED (2,500) 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%) of the 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 TWO THOUSAND ONE HUNDRED TWENTY FIVE (2,125) 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 TWO THOUSAND ONE HUNDRED TWENTY FIVE (2,125). 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 of the 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 of La 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 II 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. (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. (IvTJ. 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. CrffS 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. Tn 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. 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. 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 shalt have the right to summarily correct, at COMPANY S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. Upon receipt of written notice of termination, COMPANY shall have up to six {6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. Itt 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 such conflict. The term of this Agreement shall terminate 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 a` I day of t�6 IA L T L� � � a `�t-� Signature of mpany's Authorized Representative PrintedNeme: l-td1S a��`NE EAYL�A Ull.1/k 2(LC'�(, Company Representative's Title: AAN A 6 E R. Company's Address: �70 CErs�rtpL t"{.t}NA6El�te-NT �vG, 8�40 GesLnlerc, 5�� iS25 %#OtA%TDtJ, TC)LAs '410al ATTEST: CITY OF LA PORTS Patrice Fogarty Louis R. Rigby City Secretary Mayor APP D: (�/• By: Knox W. Askins Corby D. Alexander City Attorney City Manager EXI-IIEIT "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. Addifional Requirements of COMPANY: N/A Initial for Apttroval: CITY APPROVAL: COMPANY APPROVAL: