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Ordinance No. 2,67806I4. ":2a' : L Y `r a , _ �- - , � ( ° a _ { a • - - Ali , -.. .. -- -' ." .'� a .'.... r �_•. n r .. E X H I -B -.Lr loa THE STATE OF TEXAS 0 COUNTY OF HARRIS 0 CONTRACT FOR CONSTRUCTION, DEDICATION, AND ACCEPTANCE - .OF WATER AND WASTEWATER- -COLLECTION SYSTEMS This is a four party agreement, made and entered into this 5th day of September , 1979, by and between the City of Baytown, a homerule municipal corporation of the State of Texas (hereinafter, called CITY), Lake Municipal Utility District, a body politic and corporate, organized under the provisions of Article XVI, Section 59, of the Texas Constitution (hereinafter called DISTRICT), South Gulf Management, Inc. of Baytown, a Texas corporation, (herein- after called SOUTH GULF), and San Jacinto Mall Company, a Mississippi general partnership (hereinafter called COMPANY). Whereas, the City presently operates a water and wastewater system, desires. to provide orderly growth and expansion of these systems within its corporate and extrater- ritorial jurisdiction, and has by Ordinance No. 2678 passed June 14, 1979, authorized its Mayor to execute this agreement; an d Whereas, the District is located within the City'.s extraterritorial jurisdiction and does not now own a water production or wastewater disposal system; and Whereas, South Gulf proposes to develop property within the District; and Whereas, the Company proposes to develop a shopping center within the City's extraterritorial jurisdiction that will need water and wastewater service; NOW THEREFORE, in order to attain these joint objec- tives, the parties hereto agree as follows: Article I. Water Line The District and Company will design a basic water system capable of servicing the areas described in Exhibit "A," attached hereto. This system shall consist of a 12" water trunk line across the Interstate 10 right of way, a 16" water trunk line from south of the right-of-way of Interstate 10 at Garth Road to; the south right-of-way line of Cedar Bayou -Lynchburg Road at Garth Road, and an 8" water trunk line from Cedar Bayou -Lynchburg Road to an existing City 16" water line in the Baker Road right-of-way at Garth Road. The ficient to developed. parties hereto stipulate that said lines will be suf- serve the areas All plans must described in Exhibit "A," when be prepared by the District and. Company's engineer and submitted to the City engineer in duplicate for approval prior to advertising for construction bids. The plans for the system must be in compliance with the standards established by the Code of Ordinances of the City of Baytown and all other ment of Health Resources s standards for the Texas Depart- hould they exceed the City standards. The District and Company' s engineer shall additionally prepare such plans and specifications for an alternate water distribution system. This alternate system shall consist of a 12" water line, above, from Cedar 16" water line in in place of he 8" water line described Bayou -Lynchburg Road to an existing City the Baker Road right-of-way at Garth Road. Article II. Wastewater Line The District and Company will design a basic wastewater - collection system capable of servicing the areas described in Exhibit "A," attached hereto. This system shall consist of a force main from the north right-of-way line of Interstate 10 to and including a pump -lift station, and a 12" force main from that pump -lift station to an existing manhole on the City 21" gravity sewer main in the Garth Road right-of- way near the Gulf Coast Hospital. The parties hereto stipulate that said lines will be sufficient to serve the areas described in Exhibit "A" when fully developed. All plans must be prepared by the District and Company's engineer and submitted to the City's engineer in duplicate for approval prior to advertising for construction bids. The plans for the system must be in compliance with; the standards established by the Code of Ordinances of the ity of Baytown and all other standards for the Texas Department of Health Resources should they exceed the City standards. The District and Company's engineer shall additionally prepare such plans and specifications for an alternate wastewater -collection system. This alternate system shall consist of a 16" force main from the pump -lift station to the City's 21" gravity sewer main. The City may prepare plans for a second alternate system utilizing a gravity flow. line from Interstate 10 t.o Cedar Bayou -Lynchburg Road. Article III. General Provisions A. Easements. The. District and Company shall obtain all necessary easements and permits for construction and maintenance of the water and wastewater -collection systems. The District and Company shall execute and deliver to the City proper deeds or dedications transferring to the City adequate easements for maintenance and repair of the water and waste- water -collection systems. The City understands and agrees that sucheasements may be subject to limitations regarding access; provided, however, that before District and Company obtain an easement subject to limitations regarding access, said limitations must be approved. by City. The City further understands and agrees that such easements may be conveyed to it prior to completion of the systems. The terms and provisions of any of the easements described shall be incorporated into and made a part of this contract. B. Plans and Specifications. The plans for the water and wastewater -collection systems and the first alternate systems described above shall be prepared by the District and Company's engineer free of cost to the City; provided, however, that the City shall provide engineering wastewater -collection syst related to the second alternate em. C Advertising for Bids. The City shall advertise for bids on the water and wastewater -collection system together, requesting separate bids on each basic system and each alternate system. D. Construction. The City shall award a contract to construct the water and wastewater-collectionsystems in accordance with the plans" andspecifications for the basic systems or the plans and specifications for the alternate systems prepared by the District and Company's engineer. Prior to the City entering into a contract for the construction of either system, the District and Companywill pay to City -'a -sum -equal to —the aggregate amount bidby the lowest qualified bidder for the construction of each basic system. If the City elects to construct either or both alternate systems, the City will pay all additional construction costs in excess of the amount that the District aad Company are so obligated to pay. The City reserves the right to reject any'and all bids. It is understood that advertising for bids and con- struction of the facilities may be accomplished in two steps, the first covering the work within the Garth Road right-of-way work. E. Change Orders. The District and Company and the second covering the balance of the shall pay to City, and be responsible .to the City for, all additional costs associated r with the contract for the basic water or wastewater -collection systems due to changes in the contract, by change order or otherwise. Any additional costs associated with change orders initiated by the City and not necessary for the service of the areas described; in Exhibit "A" shall be paid by the City. F. Annexation. The Company agrees to allow the City to property described in Exhibit "B," Company will secure an agreement chasers of property described in ation.by the City. The Ci attached annex hereto. or assurance of all Exhibit "B"to such all The pur- annex- ty agrees upon annexation to provide all City services to the said property. G. Operation. 1 Upon completion of each slystem and the delivery of the deed or dedication as described herein, City shall have the sole responsibility for operating, maintaining, and improving said systems subject to the provisions herein. H. Water Supply. The City agrees to provide District and Company, prior toannexation, treated water under and subject to the pro- visions and in consideration of the price or prices set forth in Chapter 31, Article IV, of the Code of Ordinances of the City of Baytown, as it may be amended, the provisions of which are incorporated herein by reference. Additionally, District and Company understand and agree that City may at any time, by ordinance duly enacted, increase or change the prices for treated water as set forth, provided, however, that the price or prices for such water shall not be increased percentagewise as to District or Company in excess of the proportionate percentage rate increase in rates within the city limits. The City's obligation to provide water supply to District is subject to approval of both the City of Houston and San Jacinto River 'Authority. I. Wastewater Treatment., The City agrees to acceptfrom Company, prior to annex- ation, wastes under and subject to the provisions and in consideration of the price or prices set forth in Chapter 31, Article V, of the Code of Ordinances of the City of Baytown, as it may be amended, the provisions of which are incorporated herein by reference. Additionally, Company understands and agrees that the City may at any time,: by ordinance duly enacted, increase or change the prices for sewer service as set forth, provided, however, that the price or prices for such service shall not be increased percentagewise as to Company in excess of the proportionate percentage increase in rates within the city limits. The City further agrees to accept waste from the District upon the following terms and conditions: Upon or before completion of the wastewater -collection system, the City agrees to sell to the District on a lump sum basis up to 500,000 gallons per day capacity in the City's waste treatment system at a price per gallon determined by the study being conducted by Langford Engineering, Inc., for the City, but not to exceed $1.25 per gallon per day plant capacity. In addition to this lump sum payment, the District shall also pay to the Citya monthly sewer charge based upon water consumption and equal to the total payment that would be due by all the District's swer users if they were billed as if they were within the City. limits. It is understood and ;agreed thatthe City may at any time, -by ordinance duly enacted, increase or change the .prices for. sewer service as set forth, provided, however, that the. price or prices for such service shall not be. increased percentagewise as to; District in excess of the proportionate percentage increase in rates within the City limits. It is understood and agreed that any commitments of the District hereunder shall ble modified if and to the extent necessary to satisfy th'e applicable rules and regula- tions or orders of the Texas Department of Water Resources., District and Company will regulate the discharge of industrial waste from within their boundaries to the City, and will provide any pretrleatmntnecessary to meet the. quality standards as stated in the City's industrial waste ordinance. Discharges of waste to the City shall comply with all applicable City ordinances and standards, including the City's industrial waste ordinance, if appropriate. J. Indemnity. The City shall indemnify District, and South Gulf, and and hold harmless the Company, their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, and judgments arising. out of or resulting from the performance of the .work by the City or its contractor necessary for the execution and completion of the water and wastewater systems described herein; provided however, that such damage, loss, demand suit or judgment is attributable to personal injury or the destruction of tangible property and is caused in whole or in part by any negligent act oromissionof the City or its contractor. K. Assignment The parties recognize that the Districthas just been created, and will not have any funds until it issues and sells bonds. To induce City and Company to execute and deliver this. agreement, South Gulf, the owner of substan- tially all -the land within the District, joins in the exe- cution hereof and agrees to make all payments required by the District hereunder until the District has bond funds available therefor, with the understanding that South Gulf shall thereby acquire allof the rights of the District hereunder until such time as the District reimburses. South { Gulf for such payments. District hereby agrees to effect such reimbursement out of Gulf agrees thereupon to its first issue of bonds and South ssign to the District all of the -9- rights, title, and interes of South Gulf hereunder. •In witness whereof, the parties hereto have caused this contract to be executed on this 5th day of September, 1979. ATTEST: ATTEST: CITY OF BAYTOWN -LAKE MUNICIPAL UTILITY DISTRICT ISAN JACINTO MALL COMPANY BY -10- San Jac nto Mal , Inc., a Mississippi gen- al partner ship ATTEST: SOUTH GULF MANAGEMENT, INC OF • BAYTOWN °4414 Roeckirs 45,541. Secee :v7 1 • EXHIBIT "A" `BUSCH, HUTCHISOI` ASSOCIATES, iNC.41 I CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE • BAYTOWN. TEXAS 77520 • PHONE (713) 422.8213 50t1 SAN JACINTO. SUITE 105 • HOUSTON. TEXAS 77004 • (713) 523.2367 April 11, 1979 FIELD NOTES:. SAN JACINTO MALL COMPANY BEING a 110.500 acre_ tract or parcel of land out of the George C. Davis Survey, Abstract No. 1472 and the WCRR Survey, Abstract No. 889, Harris County, Texas and being a part of that certain 140.6357 acre tract conveyed by Randal B. McDonald to George. Gilman,. Trustee, recorded on Film Code 153-35-2174 of the Deed Records of Harris County, Texas and being more particularly described by metes and bounds' asfollows: BEGINNING at a concrete monument marking the intersection of the South right-of-way line of Interstate Highway 10 with the West right-of-way line of Garth Road (based on a 110 Width); THENCE S 06° 32' 38" E wi'th the`West;right-of-way line of Garth Road and the Eastline of this tract a distance of 2,389.85 feet to a 1/2" iron rod --(painted orange), said point being in the North line of a 5 acre tract deeded to Tommy Mercer Summers by deed recorded in Volume 7542, Page 42, Harris County Deed Records; THENCE S 79° 53' 11" W with the North line of said Summers Tract and the. South line of said Gilman Tract 880.52 feet to a 3/4" galvanized iron pin at the Northwest corner of said Summers Tract; THENCE N 08° 00' 23" W 16.17 feet to a 1/2" iron rod (painted orange); THENCE S 79° 37' 14" W along. the South line of said Gilman Tract 1,292.1 feet to a 1/2" iron rod (painted orange); THENCE.N 10° 43' 38" W 1,211.03 feet!to a 1/2" iron rod (painted orange) set in a North line of the abovementioned 140.6357 acre Gilman Tract and in the South line of a 41.541 acre tract conveyed by Allen E. Russell to R. George Molina, Trustee; THENCE N 79° 40' 53" E along a North line of said Gilman Tract and the South line of said. Molina Tract 548.23 feet to a.1/2" iron rod (painted. orange), said pin being in the Southeast corner of a 3.261 acre tract deeded to Houston Lighting & Power Co. by deed recorded in Volume 3042, Page 9 Harris. County Deed Records; THENCE N 10° 43' 38" W with the East line of said Houston Lighting & Power Co. Tract and also a West line of said Gilman Tract 1,211.5 feet to a 1/2" iron rod (painted orange) in the South right-of-way line of Interstate Highway 10; THENCE N 79° 46' 10" E with said highway right-of-way 1,111.52 feet to a concrete monument; Page Two 7 Field Note• San Jacinto Mall Company THENCE S 85° 16' 40" E continuing with said highway right-of-way 67.83 feet to a concrete monument; THENCE N 79° 50' 36" E along sai a concrete monument; 4/11/79- d highway right-of-way 588.67 feet to THENCE S 53° 31' 29" E along a cut-off line of said, highway right-of-way 47:.69 feet to the POINT OF BEGINNING and containing 110.500 acres of land, e r. 'LEE. E. HORACEFI LEH/ps /14/' 1 JRZ, •SUR. REG. 1921 23.8.2644 acres of land, more or less, in the. Talcott Patching Survey, Harris ularly described in two tra County, Texas, more partic- ts as follows: Tract No. 1 227.5155.acres., more or less, and being a portion of two tracts of land conveyed to Buck H. Turner and Ed Vaught by deed recorded in Volume 2109, at Page 507 of the Harris County Deed Records and being a part of that certain tract of land conveyed to Buck H. Turner and Ed Vaught, by deed recorded in Volume 2246, at Page 543, of the Deed Records of Harris County, Texas, and also being that portion of Jones Roadright-of-way canceled February 17, 1969 as evidenced in Volume 69, at Pages 236 through 239, minutes of the Commissioners Court, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the South right- of-wayline of Battlebell Road and the East right - of way line of John Martin Road; THENCE, South 00.° 14'.21" West with the East right- of-way line of John Martin Road a distance'of 1571.79 feet to an angle'. point in the John Martin Road THENCE, continuing with the East right-of-way line of John Martin Road:South 12° 34' 34" East a distance of 1576.12 feet; to a point; THENCE, North 80° 42' 31" East with the South line of this tract a distance' of '1669.17 feet to a point for an intra corner of this tract; THENCE, South 05° 43' 12" East with the West line of this tract a distance: of 558.23 feet to a point situated in the. North right-of-way line of Inter- state Highway 10; THENCE, North 80°. 42' 55" East with the North right-of-way line of Interstate Highway 10 and the South line of this tract?a distance of 1482.63 feet to a point situated,in the West line of a Houston L?_c;hting and Power Company right-of- way; THENCE, North 09° 47' 35" West with the West right-of-way line of the Houston Lighting and Power Company tract and the East line of this tract a distance -of 3270.05 feet to a point; THENCE, SoutTi 89° 18'.30" West with the North line of this tract a distance of 1697.10 feet to a point, said point being situated in the center of of the Eastern terminus of Battlebell Road; THENCE, South 00° 41' 30" East with the Eastern terminus of Bettlebell Road a distance of 30.00 feet to .a, point; THENCE, South 89° 18' 30 West with the South right-of-way line of Battlebell. Road and the North line of this tract a distance of 1250.00 feet to the POINT OF BEGINNING. Tract No. 2 10.7489 acres, more or less, and being a portion of that certain 20 acre tract of land conveyed to Buck H. Turner and Ed Vaught by deed recorded in Volume 2143, at Page 566 of the Deed Records of Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the Southwest corner of the abovemen- tioned 20 acre tract, said Southwest corner being located at the point of intersection .of the East right-of-way line of John Martin Road with an Easterly extension of the North right-of-way line of Battlebell Road; THENCE, North 89° 18' 30" East with an Easterly extension of the North line of Battlebell Road, a distance of 668.13 feet ;to the Southeast corner of the abovementioned 20 acre tract; THENCE, North 00° 26' 17" East along the East line of the above mentioned 20 acre tract, a distance of 694.81 feet; THENCE, North 89° 51' 48' West, over and across said 20 acre tract, a distance of 670.46 feet to the West line of the abovementioned 20 acre tract, said point being located in the East right-of-way line of John Martin Road; THENCE, South 00 14' 21' West, a distance of 704.46 feet to the POINT OF BEGINNING. • EXHI B I T "B" BUSCH. HUTCHISON.: ASSOCIATES, INC.. CONSULTING ENGINEERS- 1107 FLEETWOOD DRIVE • BAYTOWN. TEXAS 77520 • PHONE (713). 422.8213 3011 SAN JAC NTO. SUITE 105 • HOUSTON. TEXAS 77004. • (713) 523.2367 April 11, 1979 FIELD NOTES: SAN JACINTO MALL COMPANY BEING a 110.500 acre tract or parcelof land out of the George C. Davis Survey,. Abstract No. 1472 and the WCRR Survey, Abstract No. 889, Harris County, Texas and being a part of that certain 140.6357 acre tract conveyed by Randal B..McDonald to George Gilman, Trustee, recorded on File, Code 153-35-21.74 of the Deed Records of Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a concrete monument:marking the intersection of the South right-of-way.line of .Interstate Highway 10 wi•th the West right-of-way line of Garth Road. (based on a 110' width); THENCE S 06° 32' 38" E with the West right-of-way line of Garth Road and the East line of this tract a distance of 2,389.85 feet to a 1/2" iron rod (painted orange), said point being in the North line of a 5 acre tract deeded to Tommy Mercer Summers by deed recorded in Volume 7542, Page 42,Harris County Deed Records; THENCE S 79 53' 11" W with the North line of said Summers Tract and the South line of said Gilman Tract 880.52 feet to a 3/4U .galvanized iron pin at the Northwest corner of said Summers Tract; THENCE N 08° 00' 23" W 16.17 feet to a 1/2" iron rod (painted orange); THENCE S 79° 37' 14".W along the ;South line of said Gilman Tract 1,292.1 feet to a 1/2" iron rod (painted orange); THENCE N 10° 43' 38".W 1,211.03 feet to a 1/2" iron rod (painted orange) set in a North line of the abovementioned 140.6357 acre Gilman Tract and in the. South line of a 41.541 acre tract conveyed by Allen E. Russell to R. George Molina, Trustee; THENCE N 79° 40' 53" E along a North line of said Gilman Tract and the South line of said Molina Tract 548.23 feet to a 1/2" iron rod (painted orange), said pin being in the Southeast corner of a 3.261 acre tract deeded to Houston Lighting & Power Co. by deed recorded in Volume 3042, Page 9 Harris County Deed Records!; THENCE N 10° 43' 38" W with the East line of said Houston Lighting & Power Co. Tractand also a West line of said Gilman Tract-1,211.5 feet to a 1/2" iron rod (painted orange) in the South right-of-way line of Interstate Highway 10; THENCE N 79° 46' 10" E with said highway right-of-way 1,111.52 feet to a concrete monument; Page Two - Field Notes1411San Jacinto Mal Company 111 4/11/79 THENCE S 85° 16' 40" E continuing wi 67.83 feet to a concrete monument; THENCE N 79° 50' 36" E along said hi a concrete -monument; th said highway right-of-way ghway right-of-way 588.67 feet to . THENCE S 53°. 31' 29" E along a cut-off line of said highway right-of-way' 47.69 feet to the POINT OF BEGINNING and containing. 110.500 acres of land. LEE E. HORACEFI D, JRI, SUR. REG. 1921 LEH/ps L E. HORACEFIELD JR.