07-16-15 Regular Meeting of the Planning and Zoning Commission

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ATTACHMENTA maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. The Open Space/Pedestrian Trail System shall be constructed within the drainage easements, the detention pond/drainage system, landscape reserves, or public right-of-ways as dictated by the final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System and drainage/detention pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner-Developer or Other Owners, as applicable, shall establish a specific schedule for the development of and construction improvements on the Tract with the end user(s). However, in lieu of and as the basis of that detailed schedule, the following work program is anticipated: Initiation of a complete engineering study, including drainage and preliminary infrastructure design. Detailed engineering design for Phase One, being all or a substantial part of the area identified herein as Section One. This would include a rail connection to the main line and a minimum spur connection to the first building anticipated, water and sanitary sewer service, initial drainage, and detention to accommodate Phase One; Construction of Wharton Weems Blvd., Powell Road, and Export Drive shall be completed in accordance with the Traffic Study recommendations or as needed for development purposes; Initiation of procedure to abandon and relocate a portion of Powell Road, south of the projection of Wharton Weems Blvd. within one (1) year of SCUP approval; Platting, site plan, and detailed engineering plan review by the City of La Porte and others; Initiation of construction pursuant to item 6.1 above, identified as Phase One; and Continuation of remainder of development as rapidly as market demands. ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1Fire Protection.The Owner-Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.27.1 Hazardous Materials. The Owner-Developer agrees no hazardous materials as identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 7.3Safety.The Owner-Developer shall formulate a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a building permit. ).docx- 5 - H-02-Draft Development Agreement (showing changes