2008-06-23 Regular Meeting and Workshop Meeting of the La Porte City Council

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5.5 Bi-Lateral Agreement. The Home Owner's Association and the Public Improvement District will enter into a Bi-Lateral Agreement that states that the PID will assess and collect the funds for the maintenance of the items listed above and the HOA will hire the contractors and oversee the actual maintenance activities. ARTICLE VI. SCHEDULE 6.1 Project sequencing. The Developer shall establish a specific sequence for the development and construction of the project. Engineering, platting and construction of the project are to be by section. The components contained in each section are subject to approval by the City and are delineated in Exhibit C. The project schedule is applicable to each section as outlined below: . Complete engineering study, including drainage and preliminary infrastructure design. . Detailed engineering design for Phase, including water and sanitary sewer service and initial drainage and detention to accommodate Phase; . Subdivision preliminary platting, site plan, and detailed engineering plans review by the City of La Porte and others; . Submission of Final Plat. . Installation of on-site and off-site improvements in accordance with Plans. . Recordation of Final Plat . Completion of other "Developer Items" such as fences, landscaping, amenities, etc. . Continuation of remainder of development as rapidly as market demands. The builder(s) selected by the developer is/are hereinafter authorized to make application for permits to construct housing units within "Lakes at Fairmont Greens Subdivision Section 1 ", as per the requirements of this agreement and the builder's agreement also attached to the ordinances authorizing this agreement. The developer acknowledges the City recently authorized him to place a temporary construction/sales trailer and to construct "Developer items" herein described applicable to Section 1 subject to submittal and issuance of permits. Implementation of said items are to be constructed in accordance with Section 6.3 below. 6.2 Plat Recordation. The final plat for each section, as approved by City Planning and Zoning Commission, may be recorded once the City has inspected and accepted the Water, Sewer, Drainage and Paving for that section. The recordation of Final Plats for successive phases implemented under this agreement may also be done after City acceptance of the public infrastructure for said phase, subject to the Developer providing the City with an acceptable date for completion of other "Developer Items" applicable to those sections. Final plats on successive phases will not be approved until "Developer Items" on current sections under construction are completed. 6.3 The Lakes at Fairmont Greens, Section 1 plat has been recorded with Harris County and the water, sewer, drainage and paving have been accepted by the City. The Developer's Agreement (Rev.)doc.doc Page 5 of 9