04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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. . 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established policies, and further agrees that land uses shall be further restricted according to "Exhibit Oil. ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of 'Restrictive Covenants. Owner-Developer has developed- Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are attached to this Agreement as Exhibit liE", These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit liE", , The covenants and deed restrictions shall be approved by the City and shall be 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 sooner to occur of (i) the date in which all portions,oMb.e Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the plats completed or installed and financed by the Owner- Developer). I Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Pel111it within one year after issuance of said permit, or 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 SPACElTRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner-Develop~r shall provide common open space as shown in Comprehensive Plan and the General Plan, including any required portion of planned . City trail system within the project. This will be incorporated within the shown drainage easement and detention pond/drainage system, the cross-section details of which are further illustrated on the attached Exhibit F. 'It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and dimensions of these facilities is unknown. When the final design is approve~ the City will evaluate the potent~al for use of these areas as public recreation amenities. ' At that time and with mutual consent, the City may elect to accept these facilities either in easement or fee. The initial development, of the detention pond/drainage system TIEP 2002 Development Agreement-Final.doc Page 30f9