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HomeMy WebLinkAboutTWO ZERO ONE M TEXAS, LLC - SSSASTATE OF TEXAS § COUNTY OF HARRIS § 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 TWO ZERO ONE M TEXAS, L.L.C., hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battleeround Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. lI. 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: COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. z Upon review of these representations, the City has determined the following. Number of Employees on -site 23 Number of Contract Employees 27 Total on -site Employees 50 Sanitary Sewer Desired for Domestic Use (Total on -site times 50 gpd per employee) 2500 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 2500 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 none -time administrative connection charge of $5.000. (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 TWO THOUSAND FIVE HUNDRED (2,5001 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%) of the 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 SIXTY FOUR THOUSAND EIGHT HUNDRED THIRTEEN Lu4,8131 gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established fiom time to time for commercial customers inside its corporate limits. 3 (F). The cost of sanitary sewer 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 in this Agreement shall obligate CITY to furnish more than the average monthly demand of SIXTY FOUR THOUSAND EIGHT HUNDRED THIRTEEN 6( 4,813). Repeated sanitary sewer delivery greater than the established average monthly demand 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. (I). 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. (1). COMPANY agrees that it shall be bound by CITY'S Indush•ial 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 constmction of any 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 furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer ]ine from CITY, shall meet all applicable State of Texas and CITY plumbhng 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. (N). 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. (0). 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 (IO) days may result in termination of Agreement. CITY shall have the right to 5 summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the 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 discretion. 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 I day of , 2009. )NOA 0 CITY OF LA PORTE ATTEST: I - . •reR it io Clark T. Askins City Attorney CITY OF LA PORTE Ron Bottoms City Manager State of Texas . County of Harri# Gtry of La Porto I hereby certify that the wached a4 Is a full ftm ad sorreet cop), as the same appears of record. In %simess %%hereof 1 have hereunt t hand and a ed t off =of said i is day of Signatcu� This is EXHIBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CI�T�YY and COMPANY Dated mtial: CIT e COMPANY ADDITIONAL REOUTREMENTS The Agreement is amended and supplemented to include the following agreement of the parkies. COMPANY shall provide additional actions as specifically set forth below. These actions represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms 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 CITY for obtaining water and/or sanitary sewer service from CITY. All actions listed below shall be completed by COMPANY prior to obtaining a utility service account from CITY. I) SAMPLING WELL: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 2) INDUSTRIAL WASTE PERMIT: COMPANY shall submit application to CITY for industrial waste permit. . - 4 f 1..� � r1H3 4 _ j i _ H P §' N �5 v a -zr _ ii: z ,.r.-��, �q, - . .. . . .... .-sz.. _ .- . ... . . .. .. . _ • , l 1 . - - :...- - -- - - ___ -� --df - + z "a ' . z fstt* l- '� i �C i # t - � .-h`k .� . > _ - £ - k ¢ 9 r - rr ₹ 3 . ; v _tom 'y k C' i 1 L taste x � x s - s rte' s r . 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