HomeMy WebLinkAboutTWO ZERO ONE M TEXAS, LLC - WSASTATE OF TEXAS §
COUNTY OF HARRIS §
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Hams 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,
II.
COMPANY is desirous of purchasing potable water• fiom CITY for usual human domestic
consumption and uses, Previous planning considerations for the long-range potable water supply of
CITY did not include the needs of property located outside the city 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
Agreement,
to its
numUer of employees,
as of
the date of this agreement, upon which representations CITY
has
relied in entering into
this
2
Upon review of these representations, the City has determined the following:
Number of Company Employees on site 23
Number of Contract Employees on site 27
Total on -site Employees
50
Potable
Water Approved
for Domestic
Use
(Total on -site Employees
times 50 gpd
per employee) 2500
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd) 2500
IV.
CITY has determined that adequate facilities are available for CITY to furnish potable water
to ANY based on the following terms and conditions, to -wit:
(A) Company shall pay to CITY aone-time administrative connection charge of $5,000.
(B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing meter at Company's expense. COMPANY shall be responsible for installing
appropriate meter box to be approved by City.
(C) The total amount of potable water approved (average daily demand) 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 demand
of SEVENTY
SIX
THOUSAND
TWO
HUNDRED
FIF"I'Y
7( 6,250) gallons is established
by multiplying
the
average daily demand
by a factor
of 30.5,
which shall be used to facilitate service billings.
(E) The cost of water up to the average monthly demand of SEVENTY SIX THOUSAND TWO
HUNDRED FIFTY (76,250) gallons shall be one hundred fifty percent (1501/o) of the CITY'S
rate as established from time to time for commercial customers inside its corporate limits.
(F) The cost of water for amounts used 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 SEVENTY SIX THOUSAND TWO HUNDRED
FIFTY
(76,250)
gallons per month.
Repeated consumption greater than the established average
monthly
demand
may result in termination of service.
(H) 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.
(I) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(1) The total cost for the engineerhrg design and construction of any potable water main, service
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate 1nnits of CITY.
(L) 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. CITY'S engineering
and code enforcement personnel shall have the right of prior review and approval of
n
COMPANY'S plans and specifications for the plumbing system(s). CITY personnel shall have
the right to inspect any and all work related to the furnishing of potable water to COMPANY.
(IVI) A reduced pressure zone backflow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross -connections.
(N )The potable water supply system will be segregated from any existing and future COMPANY
fire protection system.
(0) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(P) 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 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.
(Q) CITY does not guarantee its water system will provide specific water pressure andlor water
volume requirements of COMPANY.
(R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression
systems to its facilities.
V.
All expenses associated with 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.
5
CITY shall retain ownership and maintenance responsibility for its water meter(s). In 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 ingress and egress at all reasonable times for the purpose of
reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection
of COMPANY'S water facilities in order 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 teams 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 correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public water supply is threatened.
D{.
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 hndustual 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 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 teiTnmation.
i
ENTERED INTO and effective the day of / 2009
TWO ZERO ONE M TEXAS L. .:
Signature:
Name: f LL T
Title: —4�c si j do 7
Address: 6W'�' e'I i t e+
, �vrl
CITY OF LA PORTE
CITY OF LA PORTE
ATTEST:
Martha A. Gillett
City Secretary
APPROV
ell —I
Clark T. Askins
City Attorney
CITY OF LA PORTE
By:
Baeasley
Mayor
Ron Bottoms
City Manager
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 CITY and COMPANY
COMPANY
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
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) CITY METER LOCATION:
The location of the City water meter should be at or near the SH 225 Right -of -
Way. This will be the meter read and billed by the City.
2) PROVIDE SUB -METER FOR WATER SERVICE TO 218 M TEXAS
A formal agreement between 201 M Texas and 218 M Texas to sub -meter the
water service to 218 M Texas shall be provided to City.
3) DEDICATE PRIVATE JOINT -USE UTILITY EASEMENT
Execute and record a "private" joint -use utility easement over the property of 201
M Texas extending to and benefitting the property of 218 M Texas for water and
sanitary sewer service lines. A copy of the subject recorded easement shall be
fumished to the City.
4) NO INSTALLATION OF FIRE HYDRANTS ON PRIVATE SERVICE LINE
No fire hydrants shall be installed on Company's private water service line.