HomeMy WebLinkAboutBUFFALO HORN INVESTMENTS - UEAI
City of La Porte
UTILITY EXTENSION AGREEMENT
(Owner -Funded Extension)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, executed the day of 66LI&00000t 2014, by and
between the City of La Porte, hereinafter referred to fis "City", acting through its City Manager,
and BUFFALO HORN INVESTMENTS, LLC, 5568 Coyote Lakes Ct., Las Vegas, NV 89122-
4763, hereinafter referred to as "Owner".
WITNESSETH
1. Ali references to "Utility Main" hereunder shall, for the purposes of this agreement, refer to
the extension of an 8" SANITARY SEWER EXTENSION to serve 1926 SOUTH 16TH
STREET (Re: City of La Porte Project No. 14-75000002) in accordance with plans and
specificatio s prepared by WELDON BROWN ENGINEERING, LC, (Job No.
N� Dated 2-18-2014). Owner is the owner of certain property in the
City of La Porte, Harris County, Texas, identified by HCAD Account # 040=244=003=0043,
TR 1Bowl , W.P. Harris Survey, A40.
2. City's utility mains) presently do not extend to Owner's said property. Owner has requested
the extension of City's utility mains) to serve Owner's 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 mains) 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 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 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 c r o
overruns in the project that result from circumstances beyond the control of the
t
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6. It is agreed and understood that the Owner shall be responsible for maintenance of said
utility main(s) until final acceptance of the construction and installation of said utility main(s)
by City, at which time maintenance responsibilities of said utility main(s) shall be transferred
to City.
7. City agrees to accept the value of the extensions) as a pro Ita 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 amount of City participation, and less Owner's own water and/or
sanitary sewer connection fee(s).
*FINAL COST OF UTILITY
*to
MAIN CONSTRUCTION
Provided b Owne['s
En neer
/ iNSTALLATI4N
$
LESS - OWNER'S SAN. SEWER CONNECTION FEE
$
Provided b Ci
"EQUALS
$
Max. Amount Reimbursable to Owner
be provided (by Owner's Engineer) upon acceptance by City of Utility Main Construction
**to be calculated (by City) upon acceptance by City of Utility Main Construction
!n the event that other Owners) have participated in the cost of the extension of this ilne(s), al!
participating owners} shall be reimbursed rp o rata to their respective participation in the cost of
the line(s).
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.
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(Seal}
n
CfTY:
Signature,
(Seal)
ATTEST:
La Porte
OWNER:
APPROVED AS TO FORM:
City Attorney of La Porte
®ter,
Legend
4
EXHIBIT "A" TO U.E.A.
EXIST. 8" SAN. SWR.
PROP. 8" SAN. S WR.
EXTENSION
PORT CROSSING LAND LP
BUFFALO HORNINVESTME
■
N
A SCNULMAN fNC
NOT TO SCALE
DEL PISO fNVESTMENTS LLLP
CABERD
POINT "A" TO POINT "B"
ELIGIBLE FOR REIMBURSEMENT