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HomeMy WebLinkAboutSBS FAIRMONT PARKWAY, LTD - SSSA1 STATE OF TEXAS § COUNTY OF HARRIS § SANITARY SEy�'ER SERVICE AGREEMENT This AGREEMENT made and entered into Uy and Uetween the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and SBS FAIRMONT PARKWAY, LTD., a Texas L n-Med Partnership, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S 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 Rimishing sanitary sewer service by CITY, the parties hereto agree as follows, to -wit: COMPANY has made certain representations to CITY as to its numUer 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 85 Number of Contract Employees 0 Total on -site Employees 85 Sanitary Sewer Desired for Domestic Use (Total on -site times 50 gpd per employee) 4,250 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 41250 IV. CITY has determined that adequate facilities are available to allow CITY to fiunish sanitary sewer to COMPAATY based on the following ternts and conditions, to -wit: (A). Company shall pay to CITY none -time administrative cormection charge of $8,500.00 (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at Four Thousand Two Hundred Fifty (4,250) 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 demand is calculated to be eighty-five percent (85%) ofthe average daily demand 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 demand of One Hundred Ten Thousand One Hundred Eighty One (110,181) 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. 3 (F). The cost of sanitary server service for amounts in excess of the established average monthly demand 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 ht this Agteerttent shall obligate CITY to fiunish more than the average monthly demand of One Hundred Ten Thousand One Hundred Eighty One (110,181) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in temilnation 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. (I). CITY shall have the right to interrupt or temporarily suspend said salutary 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 agt•ees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and coustntction of auy sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the fiuttishing of sanitary sewer service to customers within the corporate lhnits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary server 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 a inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CI I nor any extension of service lines Uy COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location Wrap 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 reasonaUle 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 summarily corect, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity ofthe public sanitary sewer system is threatened. IX. 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 discretionI 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 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 Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the day of 2009. SBS FAIRMONT PARKWAY, LTD., a Texas limited partnership Company Signature: President of Robert E. Bryant, Jr., Inc., Title: General Partner ooffSBS Fairmont Parkway, Ltd. Address: AV4C Ih, 7709 CITY OF LA PORTE ATTEST: !s( , Mat ha A. Gillett City Secretary APPROVED: Knox ) Knox W. Askins City Attorney CITY OF LA PORTE City Manager 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated lat. CITY ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terns of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service front CITY. I) STORM WATER PLAN: For new development COMPANY shall provide a Storrs Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Lattdseaping Plan subject to approval by CITY. COMPANY shall itvstall and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) SAMPLING WELL: COMPANY shall install a sartitaiy sewer sampling well in accordance with CITY's standards. 4) INDUSTRIAL WASTE PERMIT: COMPANY shall submit application to CITY for industrial waste permit.