HomeMy WebLinkAboutIPT BAYPORT DC, LP - WSA1 i
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STATE OF TEXAS
COUNTY OF HARRIS
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CITY OF LA FORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and IPT BAYPORT
DC,LP,(4330 UNDERWOOD RD.)hereinafter called"COMPANY". 1
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COMPANY is the owner of certain real property which is situated within the 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.
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COMPANY is desirous of purchasing potable water fiom CITY for usual human domestic
uses. Previous planning considerations for the long-range potable water supply of CITY did not
include the needs of properties located outside the corporate 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:
III.
COMPANY has made certain representations to CITY as to the number of employees that
will be located at the COMPANY'S property as of the date of this agreement, upon which F
representations CITY has relied in entering into this Agreement.
Upon review ofthese representations,the City has determined the following:
Number ofFull-Time Employees on site 160
Number of Full-Time Contract Employees on site 40 U
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Total On-Site Full-Time Employees 200
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Potable Water Approved for Domestic Use
Total on-site Employees times 50 gpd per employee) 10,000
Potable Water Approved for additional purposes(gpd) 300
Total Amount ofPotable Water Approved for 1
COMPANY(Average Daily Volume,gpd)10,300 t
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CITY has determined that adequate resources are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions,to-wit:
A)COMPANY shall pay to CTTY a one-time administrative fee of$N/A(previously paid). s
B)The total amount ofpotable water approved to COMPANY is established at TEN THOUSAND
THREE HUNDRED (10,300)gallons per day. This number is based on an average offifty(50)u
gallons per employee per day as established by CITY and THREE HUNDRED (300) gallons
per day for building fire sprinkler system and landscape irrigation.
C)The average monthly volume of THREE HUNDRED FOURTEEN THOUSAND ONE r
HUNDRED FIFTY(314,150)gallons is established by multiplying the average daily volume by j
a factor of 30.5,which shall be used to facilitate CITY'S utility service billings.
D)Nothing contained in this Agreement shall obligate CITY to fiunish more than the average
monthly volume of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY
314,150) gallons. Repeated consumption greater than the established average monthly volume
may result in termination of service.
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E)COMPANY shall pay the CITY'S standard water deposit fee through CITY'S Utility Billing
Division prior to receiving water service from CITY. j
F) The cost of water up to the average monthly volume of THREE HUNDRED FOURTEEN K
THOUSAND ONE HUNDRED FIFTY (314,15 gallons shall be billed at one hundred fifty
percent (150%) of the CITY'S rate as established from time to time for commercial customers
inside its corporate limits.
G)The cost of water for amounts used in excess of the established average monthly volume shall
be billed at two hundred percent(200%) ofthe CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
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I)COMPANY'S development may be subject to certain additional requirements as described in
Exhibit A. These requirements shall be shown on the final site plan and approved by City.
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I) COMPANY'S site design and site development will, in certain cases, be subject to specific
Rules and Regulations" as defined in Exhibit "C" of COMPANY'S Industrial District
Agreement with CITY.
J) 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.
K)A reduced pressure zone backflow preventer shall be maintained by COMPANY to protect
CITY from any possible cross-connections.
L) COMPANY'S potable water supply system will be segregated fiom any existing and future fire
protection system.
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M) The total cost for the engineering design and construction of any potable water main,
service line, back flow preventer, meter or other required appurtenances will be the
responsibility ofCOMPANY.F.
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N)COMPANY agrees to be bound by all applicable ordinances of CITY,relative to the furnishing
ofpotable water to customers within the corporate limits of CITY.
0)There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties. i
P) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and
specifications for the plumbingsystem(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to COMPANY.
Q)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 i
citizens of LaPorte,
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R)CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
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S) CITY does not guarantee its water system to provide specific water pressure and/or water
volume requirements of COMPANY.
V.
All expenses of the 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.
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 willnot be responsible for the expense of
such relocation,adjustment,or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities,reading its water meter(s)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 policies in 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
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within ten (10) calendar days from date of written notice by CITY 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.
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1 IX.
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.
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In the event of any conflict between the terms and provisions of this Water Service
I Agreement and the terms and provisions of the Industrial District Agreement between the parties,
I the terms and provisions of the Water Service Agreement shall control, to the extent of such
j conflict. The term of this Agreement shall expire on DECEMBER 31, 2019, plus any renewals and
I extensions thereof. 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
j termination.
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ENTERED INTO effective the day of
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I IPT BAYPORT DC LP,a Delaware limited Partnership
j By: IPT Bayport DC GP LLC,a Delaware limited
liability company,its general partner
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By: IPT Real Estate Holdco LLC,a Delaware limited
liability company,its sole member
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By; Industrial Property Operating Partnership LP,a
Delaware limited partnership,its sole member
By: Industrial Property Trust Inc.,a Maryland
corporation,its general partner
Signature ofCompany's Authorized Representative
Printed Name: <riL1Y{ -` Gt Lp
Company Representative's Title:
Company's Address:
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ATTEST:CITY OFE
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Patrice Fogarty Loui gby t
City Secretary Mayor
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APPROVED:a
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By: f.
Knox W.Askin Corby D.Alexander t
City Attorney City Manager
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EXHIBIT "A" r
to Water Service Agreement
hereby amended and supplemented to include the followingTheWaterServiceAgreementishypp
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive water service from CITY per the teams of the
Water Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
N/A I
Initial for Am oval:
CITY APPROVAL: N/A
COMPANY APPROVAL: N/A
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