HomeMy WebLinkAboutIPT BAYPORT DC, LP - SSSA1
i
l u
i
rSTATEOFTEXAS
COUNTY OF HARRIS
R
I:
CITY OF LA PORTE G
SANITARY SEWER SERVICE AGREEMENT is
e
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a s
municipal corporation of Harris County, Texas, hereinafter called "CITY", and IPT BAYPORT
DC,LP,(4330 UNDERWOOD Pb.)hereinafter called"COMPANY".
I.
COMPANY is the owner of certain real property,which is situated in CITY'S Battleground
or Bayport Industrial District and not within the corporate limits of the CITY. CITY and
COMPANY are parties to a current;Industrial District Agreement.
i
II.
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:
III.
COMPANY has made certain representations to CITY as to the number of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations,the City has determined the following:
Number ofEmployees on-site 160
Number of Contract Employees 40
Total on-site Employees 200
Sanitary Sewer Desired for Domestic Use
Total on-site times 50 gpd per employee) 10,000
Total Amount of Sanitary Sewer Approved
For COMPANY(Average Daily Volume,gpd) 10,000
I
E
2
IV.
l
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 a one-time administrative fee of$N/A(previously paid).
B). COMPANY shall pay the CITY'S standard sewer deposit fee through CITY'S Utility Billing
Division prior to receiving sewer service fiom CITY. i
C). The average daily volume is established at TEN THOUSAND (10,000) gallons per day. This
number is based on an average of fifty (50) gallons per employee per day established by
CITY. i
D). The average monthly volume is calculated to be eighty-five percent(85%)of the average daily
volume multiplied by a factor of 30.5,which shall be used to facilitate service billings.
34 's
E). The cost of sanitary sewer service up to the average monthly volume of TWO HUNDRED
FIFTY NINE THOUSAND TWO HUNDRED FIFTY(259,250)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.
F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume 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 volume ofTWO HUNDRED FIFTY NINE THOUSAND TWO HUNDRED FIFTY
259,250) gallons. Repeated sanitary sewer delivery greater than the established average
monthly volume 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.
1). 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 ofthe citizens of LaPorte.i
J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees
to be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article H of the Code of
Ordinances)and any subsequent amendments or revisions.
K). Owner shall maintain a sanitary sewer sampling well in accordance with CITY'S standards to
e other than domestic waste enters its sanitaryensurenosewerwaste, sewersystem.
L). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
a
3 i
M). COMPANY agrees that it shall be bound by all applicable ordinances ofCITY,relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
j
N). All plumbing installed by COMPANY connected to the sanitary sewer line from.CITY, shall NRmeetallapplicableStateofTexasandCITYplumbingcoderequirements. CITY'S personnel
shall have the right of prior review and approval of COMPANY'S plans and specifications for r
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.
4
0). 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.
P). COMPANY'S development project may be subject to certain additional requirements as
described in Exhibit"A", attached.i
V.
All expenses ofthe 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. h
VII.
CITY reserves the right of entry at all reasonable tunes 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 policiesin 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 (10) days may result in termination of Agreement. CITY shall have the tight to
summarily correct, at COMPANYS 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 (G) 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.
I
4
i
i
X.
In the event of any conflictl between the terms and provisions ofthis 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.
i ENTERED INTO effective the day of
IPT BAYPORT DC LP,a Delaware limited Partnership
By: IPT Bayport DC GP LLC,a Delaware limited
liability company,its general partner
By: IPT Real Estate Holdco LLC,a Delaware limited
liability company,its sole member
By; Industrial Property Operating Partnership LP,a
Delaware limited partnership,its sole member
By: Industrial Property Trust Inc.,a Maryland
corporation,its general partner
Signalire of Company's Authorized Representative
Printed Name: Aa4re C.— lrl
Company Representative's Title;. 9 Y P
Company's Address:
5. .8
i
u
5
sa
I
5
f
I
b
f
ATTEST:CITY OF L O,
u
Patrice Fogarty Louis 'gby
City Secretary Mayor 41
U
8
C
I
APPR D:
By:4—
Knox W. Askin Cor y D. Alexander
City Attorney City Manager
I
I
i
E
6 i
i
1
I
a
EXHIBIT "A"
to Sanitary Sewer Service Agreement
4
The Sanitary Service Agreement is hereby amended and supplemented to include the following 1
9
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following 1,
additional requirements as set forth below.7
sa
Y
Additional Requirements of COMPANY:3
N/A
u
l
ff'El
8
E
3
i
Initial for Approval:
CITY APPROVAL: N/A
COMPANY APPROVAL: N/A
i
J,1. 1 ! I a - r
c..4 f fix,•p ki .''u.--.
p .
p J w a,ualr, K
mel • +z, ;.
J1
3i
Al"h i i..°` I i Z•,..19_I_ r
d
tl •
J-tet- ''t.
Z,
i. yp^- ;,:
h l :
zzi _.....---`_.Y M .Gc•..•-4w7a_" .o«-!
r` •"R UUUsssddd
11 a1'4Y
e
9770 NEW CENTURY DR' s w
e
OTr-.
4330 UNDERWOOD RD.
rya.
h`
n:"" '+,
k
o-y r+
y• ,F `1f
J
7 4
r
k
h4.
77
4 1 IJ J
flFMi3-
IW at-W4J 77 L Q aOO
tut g*
t1A U,
j ~d .•
Y,
I ® - _i It ti ,` },Y[,
R`s .may,r+ M1J
IS
i yr rr'
ONEDARMrE""
I(
AA E jOG`
tI r
II F, si{ ` x -_FAIR4DR/
1
x . Ef''r"` X ,
f - _ 11"n`T i'—t: ,rl alit„ ^ r' R•.
y.I
77 i Y'. ti:• w` r a v:moi ir'?