04-10-17 Regular Meeting of the La Porte City Council

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3.1 Development of Restrictive Covenants. Owner-Developer has developed a Draft Declaration of covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner-Developer. Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Permit as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner- Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian System. The Owner-Developer shall provide common open space as shown in the General Plan, including any required public sidewalks within the rights-of-way noted on the Plat on at least one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan approved by the City. In coordination with the Owner-Developer and the Harris County Flood Control District, the City will accept the drainage and detention facilities as public domain with right of entry, Maintenance of said facilities will rest solely with the Owner- 5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform and/or compatible landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or wide) shall be provided along the west side of Powell Road and shall include landscaping materials compatible with the Declaration of Restrictive Covenants. A landscape buffer, a minimum of 5 reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the ultimate use of that adjacent property A row of standard automobile parking stalls is permitted within the Landscape Buffer subject to the following criteria: i. Shrubs are required in the Landscape Buffer adjacent to the right-of-way and shall be spaced at three feet on center. At maturity, shrubs in a required Landscape Buffer should form a continual evergreen hedge or row of 36 inch in height. ii. A planter at the ratio of one for every ten parking spaces is required. iii. Planters (minimum 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree. Trees shall be dispersed throughout the H-1491319901x_at.docx - 3 -