HomeMy WebLinkAboutLA PORTE COMMERCIAL PROPERTIES - UEA1
UTILITY EXTENSION AGREEMENT
(CLP PROJECT NO. 14-65000001)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this day of 2014, between the CITY OF LA PORTE, herein
called "CITY", acting herein through its City Manager, and LA PORTE COMMERCIAL PROPERTIES, of Harris County,
State of Texas, hereinafter called "OWNER".
WITNESSETH
1. All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to the extension
of an 8" WATERLINE per plans and specifications prepared by FOLLIS CONSTRUCTION, INC. (Job No. 3117N).
2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as LOTS 1 thru
32, BLOCK 795 & ABANDONED ALLEY (HCAD ACCT #024404-095-0001) & LOTS 1-32 & TRS A & B, BLOCK 796
(HCAD #024405-096-0006). City's utility main(s) presently do not extend to Owner's said property. Owner
has requested to extend City's utility main(s) to serve Owners said property.
3. City hereby agrees to the construction and installation of an extension of its utility mains) to said property
commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/through public
rights -of -way and/or easements to and through said Owner's property. Provided, however, that should City
not possess all necessary rights -of -way and/or easements to complete said extension(s), Owner shall be solely
responsible for obtaining said additional rights -of -way and/or easements at no cost to City on City approved
forms.
4. Owner agrees to pay all costs related to the construction and installation of said utility mains) including
necessary appurtenances in conformance with City's standards and specifications for said utility main(s).
Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction
staking, construction inspection, and for preparation and submittal of final As -Built construction drawings
upon completion of construction.
5. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said
utility mains) according to the plans and specifications to be prepared by the Owner's engineer and approved
2
by the City. Upon final approval of plans and specifications, Owner will solicit no less than three (3)
competitive quotes for construction of the project each from a contractor with demonstrated experience in
construction of public utility mains. When received, the Owner's engineer shall tabulate quotes and a copy of
said tabulation shall be provided to City. City shall approve Owner's selection of a contractor based on the
competitive quotes and City shall authorize construction of said utility main(s). It is agreed and understood
that the Owner shall pay for any unforeseen costs or cost overruns in the project that result from
circumstances beyond the control of the City.
6. Owner shall be responsible for maintenance of utility mains) until City issues Owner a letter of final
acceptance of the utility main construction. At which time, maintenance of said 8" waterline shall become the
responsibility of City.
7. City agrees to accept the value of the extensions) as a pro rats portion of the prevailing square footage
and/or front footage connection charge for water and/or sanitary sewer service against said property
belonging to Owner. Owner shall be responsible for all other customary charges.
8. Upon execution of this agreement and compliance with terms herein, Owner agrees to begin construction
thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under
such contract to diligently pursue the construction of the project to completion.
9. In the event that other owners of property abutting the lines) extended by Owner under this contract, as
shown on the plat attached hereto as Exhibit "A" and incorporated by reference herein, shall utilize the
extended line(s) constructed under this agreement, by making connection thereto under a permit from City
within a period of ten (10) years from and after the date City has accepted the construction of said facilities by
the contractor, City agrees to collect from said property owners, its prevailing square footage and/or front
footage connection fees from said property owners and to reimburse Owner the amount collected from such
property owners, until Owner has be reimbursed a maximum total of the costs related to the construction and
installation of said lines paid by Owner under the terms of this agreement, less Owner's own water square
footage connection charges.
COST OF UTILITY MAINS)
(Final Construction & Installation Costs Submitted by Engineer)
LESS OWNER'S CONNECTION FEE(S)
$
EQUALS
$
(Maximum Amount Reimbursable to Owner)
Note: Blanks to be filled in upon completion of utility Main construction
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fn the event thatfother Owner(s) have participated In the cost of the extension of this ilne(s), all Participating
mner(s) shall be reimbursed gro rats to their -respective participation in the cost of the line(s).
��q �- tr sip ,�� r�,ry�,;fin �c�xKrct= h4«aA+Aroctod.thic anrPomRnt lA several counterparts, each BS/CLP
IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts,
each of which shall be deemed an original, in the year and day first mentioned above.
(mil) CITY OF LA PORTE
A'ii'EST:
BY.
S) (City Secretary of 1a Porte)
(seal)
BY:
C•7�
City Attorney
of Corporation)
Manager)
QWNER
(Owner or Authorized Representative)
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EXH I BIT "A"
UEA # 14-65000001
NOT TO SCALE