HomeMy WebLinkAboutO-2008-3067 Service and Assessment Plan for Lakes at Fairmont Greens
7/8/9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3/1012008
Budeet
Requested By: Gretchen T ,arson
Source of Funds:
NIA
Department: City M~II~ger!EDC
Account Number:
Report:
Resolution:
Ordinance(s): X
Amount Budgeted:
Exhibits: Lakes of Fairmont Greens PID and
Assessment Roll Documents
Amount Requested:
SUMMARY & RECOMMENDATION
The City held a public hearing, and created the PID in accordance with the applicable provisions. The City passed and
adopted Resolution No. 2007-02 on January 22, 2007 establishing the Lakes at Fairmont Green Public Improvement
District.
The required ordinances and paperwork necessary to approve the PID Service and Assessment Plan and the
Assessment Roll for the Lakes of Fairmont Greens Subdivision, Section One are attached. The ordinances and
paperwork have been reviewed and approved by the Assistant City Attorney.
The PID Assessments are divided into two areas; public improvements and supplemental services. The Public
Improvements include the following:
'" Site Work
'" Water Lines
'" Sanitary Sewer
4. Storm Sewer
4. NPDESIErosion Control
4. Contingency
4. Engineering
4. PID Creation Costs
4. Financing Costs
4. Administration & Legal Expenses
The supplemental services include and consist of operations and maintenance of common areas, green spaces, public
landscaping, recreational facilities, certain drainage structures, and other common facilities as described in Article V of
the Developer's Agreement attached as Exhibit B.
Also attached is the Bi-Lateral Agreement between the City and the La Porte Redevelopment Authority for the
management of the PID which was approved in June of 2007. At the time there were necessary items left intentionally
blank which have now been filled in as a result of the final paperwork being completed for the PID Service Plan and
Assessment Plan and Assessment Roll.
D~lr;h~
ORDINANCE NO. 2008 -?()& 1
AN ORDINANCE OF THE CITY COUNCIL OF LA PORTE, TEXAS,
APPROVING THE SERVICE AND ASSESSMENT PLAN FOR THE CITY OF
LA PORTE LAKES AT F AIRMONT GREENS PUBLIC IMPROVEMENT
DISTRICT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of La Porte (the "City") is authorized pursuant to TEX. LOCAL
GOV'T CODE, ch. 372, as amended ("Chapter 372") to create public improvement districts for
the purposes described therein; and
WHEREAS, the City has received a petition (the "Petition") requesting the creation
of the City of La Porte Lakes at Fairmont Greens Public Improvement District (the "PID"),
held a public hearing, and created the Pill in accordance with the applicable provisions of
Chapter 372; and
WHEREAS, the City passed and adopted Resolution No. 2007-02 on January 22,
2007 establishing the Lakes at Fairmont Green Public Improvement District; and
WHEREAS, the City Council wishes to adopt the Service and Assessment Plan with
respect to the PID; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that:
Section 1. The facts recited in the preamble hereto are found to be true and
correct.
Section 2. The Service and Assessment Plan attached to this Ordinance as Exhibit
A is hereby approved and adopted on behalf of the Pill, and the Mayor, City Secretary and
any other appropriate officials of the City are hereby authorized to take all necessary
actions on behalf of the City to implement the terms thereof in accordance therewith.
Section 3. It is hereby found, determined and declared that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at
a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code, and that this meeting has been open to the public as required by law at
all times during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
1
Section 4. This Ordinance shall be effective upon its passage and approval.
PASSED AND APPROVED this the } tf-day of.
Approved as to form:
Attest:
tidr ~ ,~^ vfftittf&~
~x Askins / Martha Gillett
City Attorney
Ci ty Secretary
2
EXHIBIT A
Service and Assessment Plan
Lakes at Fairmont Greens Public Improvement District
City of La Porte, Harris County, Texas
1. Introduction
This Service and Assessment Plan (the "Plan") is prepared and adopted in conformance
with the Public Improvement District Assessment Act, codified as Chapter 372, Texas Local
Government Code (the" Act"), and pursuant to Resolution No. 2007-02 creating the Lakes at
Fairmont Greens Public Improvement District (the "PID" or the "District"), La Porte (the
"City"), Harris County, Texas. The creation of the PID was initiated by a petition (the
"Creation Petition") submitted by property owners within the PID boundaries in compliance
with the requirements of Section 372.005 of the Act.
2. Boundaries
The boundaries of the PID are as indicated in the map attached as Exhibit A.
3. Administration of the District
Administration of the District is the responsibility of the City Council of the City of La
Porte, Texas but to the extent allowed by law, the City may contract with a private sector
company to carry out all or part of the City responsibilities as well as day-to-day operations
and administration of the District.
4. Public Improvements and Supplemental Services
a. The Public Improvements to be financed and constructed hereby (the "Public
Improvements") serve to promote the construction of single-family units ("SFU"). The Public
Improvements included in the Plan will confer a special benefit to properties within the Public
Improvement District and will consist of the construction of site work, water lines, sanitary
sewer lines, storm sewers, erosion control, contingency provisions, engineering services,
financing costs, and administrative and legal services for the PID. The Public Improvements
will be pre-funded by the developer of the residential subdivision within the PID. Under the
Development Agreement executed between the Developer and the City, the Developer will be
entitled to receive reimbursement of up to 35% of the Public Improvement costs subject to the
limitations contained in the Agreement.
b. The Supplemental Services included in this plan will confer a special benefit to
properties within the Public Improvement District and will consist of operation and
maintenance of common areas, green spaces, public landscaping, recreational facilities, certain
drainage structures, and other common facilities as described Article V of the Developer's
Agreement attached as Exhibit B.
City of La Porte, Lakes at Fairmont Greens Public Improvement District
I
1. Lakes at Fairmont Greens
Lakes at Fairmont Greens Subdivision is being developed by 65 La Porte, Ltd. and will
contain an estimated 462 single-family units within the Public Improvement District. The
Public Improvements authorized under this Plan for Lakes at Fairmont Greens, and the
estimated costs thereof, are described below:
LAKES AT FAIRMONT GREENS
Public Improvement Costs
PUBLIC IMPROVEMENT ESTIMATED COST PID COSTS (35%)
Site Work $479,886 $167,960
Water Lines $452,352 $158,323
Sanitary Sewer $963,157 $337,105
Storm Sewer $1,557,746 $545,211
NPDESjErosion Control $274,771 $96,170
Contingency $559,187 $195,715
Engineering $643,065 $225,073
PID Creation Costs (100%) $30,000 $30,000
Subtotal $4,960,164 $1,755,557
Financing Cost $1,320,831
Administration & Legal Expenses $213,841
TOTAL $3,290,229
5. Construction of Public Improvements
Design and construction of all Public Improvements will be performed to City
specifications, and all construction shall be bid as required by the City. The Plan will be
reviewed annually in accordance with the provisions of Chapter 372 of the Local Government
Code and will include a review of the budgets, expenditures and revenues of the District.
Additionally, the Plan will be reviewed for the purpose of establishing the installments for
assessments based upon the costs for Public Improvements and the financial needs of the
District.
6. Conveyance of Improvements to the City
Upon completion of the improvements, and final inspection and acceptance of the
Public Improvements by the City, the Developers will convey all rights to the improvements to
the City or homeowner's association as applicable, subject to the Developer's rights of
reimbursement described in the Development Agreement executed between the Developer and
the City.
City of La Porte, Lakes at Fairmont Greens Public Improvement District
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7. Authorized Improvements
The area within the PID that is covered by this Service and Assessment Plan will be
developed as single family residential. This Plan designates the Public Improvements required
for the growth and development of the land within the PID. The goal of this Plan is to provide
sufficient certainty for the owners of land within the PID to proceed with the financing and
construction of the necessary Public Improvements, while allowing for sufficient flexibility to
meet the needs of the PID over the life of the development of residential properties within the
PID.
The construction of the Public Improvements authorized herein will begin in calendar
year 2007. The proposed phasing is estimated and may vary. The cost estimates provided
above are expressed in calendar year 2007 dollars. The actual costs of the Public Improvements
will be determined by an audit of the developer's costs.
9. Advance Financing by Developer
The Developer will advance the funds for construction of the Public Improvements and
will be entitled to repayment pursuant to the Development Agreement executed between the
City and the Developer. Although the Public Improvements are required for the growth and
development of the PID, it is not necessary for them to be built simultaneously.
10. Apportionment of Costs
Payment of assessments, if any, on property owned by exempt jurisdictions other than
the City shall be established by contract.
11. Levy of Assessments
a. Public Improvement Costs (Capital Assessment)
The plan of assessment contemplates that the public improvement cost assessment will
be levied in phases. The assessment year shall be concurrent with the City's tax year. The
assessments against property may be paid in annual installments based on an amortization of
not more than fifteen (15) years plus the period between the effective date of the assessment
ordinance and the date of the first installment. The interest rate on financed capital
assessments is eight percent (8.00%) per annum.
The assessments shall be based upon the actual cost of the Public Improvements plus
those related costs as deemed reimbursable by the City. The cost of the Public Improvements
will consist of the costs to construct site work, storm sewers, water lines, sanitary sewers,
erosion control, related professional design and engineering fees, administrative and legal
services and interest payable to the Developer pursuant to the Development Agreement.
City of La Porte, Lakes at Fairmont Greens Public Improvement District
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b. Supplemental Services
The total assessment for supplemental services can be paid upfront at the time the
property containing a habitable structure is purchased or at any time thereafter. The
assessment can also be paid in equal annual installments over fifteen (15) years as prescribed
below.
1. Lakes at Fainnont Greens
The Plan estimates the following assessments for residential properties in Lakes at
Fairmont Greens according to the cost of the Public Improvements and Supplemental Services.
The total assessment can be paid upfront at the time the property containing a habitable
structure is purchased or at any time thereafter. The assessment can also be financed and paid
in equal annual installments over fifteen (15) years as prescribed below.
The following assessment will apply to all lots and is payable in the manner described
herein.
Assessment - Public Improvement Costs (Capital Assessment)
Total Assessment
Financed Assessment
$0.5273 er s uare foot of residential ro er
$0.0616 per square foot of residential property per year
Assessment - Supplemental Services
Total Assessment
Annual Assessment Payment
$4,500.00 per lot
$300.00 per lot per year
B. Levy and collection.
Notice of the levy of each assessment will be given as provided in Chapt~r 372 of the
Local Government Code. The assessment levy statement will be sent to each property owner in
the District, and the installment of the assessment levy will be due and payable at the same
time property taxes are due and payable to the City. Financed Public Improvement Cost
assessments (capital assessments) shall bear interest at eight percent (8.00%) per annum. No
interest will accrue on supplemental service assessments.
The first installment of an assessment against a particular property shall be due with
respect to the calendar year following the date such property has been improved with a
habitable structure as evidenced by the issuance of a certificate of occupancy. The City will
invoice each owner of property for the installment payment in conjunction with the City's
annual property tax bill, and the installments shall be due and payable, and incur penalty and
interest for unpaid installments in the same manner as provided for the City's property taxes.
Thereafter, subsequent installments shall be due in the same manner in each succeeding
calendar year until the assessment together with interest as provided herein has been paid in
full. The owner of assessed property may pay at any time the entire assessment then due on
City of La Porte, Lakes at Fairmont Greens Public Improvement District 4
each property, with interest accrued on the assessment through the date of payment. Failure of
an owner to receive an invoice shall not relieve the owner of the responsibility of for the
assessment.
A lien will be established against the property assessed effective as of the date of the
ordinance levying the assessment, privileged above all other liens, including prior mortgage
liens, to the extent allowed by Section 372.018(b) of the Local Government Code. Assessment
installments shall be considered delinquent on the same date as the City's property taxes.
Delinquent assessments or installments shall incur the costs of collection. If practicable, the
assessment shall be included on the City property tax statement. Notwithstanding the above,
the assessment lien shall be perfected immediately as to the entire assessment, but may be
executed only with respect to the amounts then due or past due for current or prior installments
or final payment. Assessments are personal obligations of the person owning the property
assessed in the year an installment payment becomes due, and only to the extent of such
installment(s).
The owner of assessed property may pay at any time the entire assessment then due on
each property, with interest accrued on the assessment through the date of payment.
City of La Porte, Lakes at Fairmont Greens Public Improvement District
5
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EXHIBIT A
STATE HIGHWAY 146
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City of La Porte, Lakes at Fairmont Greens Public Improvement District
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EXAMPLE AMORTIZATION SCHEDULE
Lot Square Footage 7,707
PID Rate per Square Foot $0.0616
Duration (in years) 15
Interest Rate 8.00%
Annual Payment Amount $474.75
Total Lifetime Payments $7,121.27
Total Principal $4,063.62
Total Interest $3,057.65
Principal
Year Payment Principal Interest Payment Balance
$4,063.62
2008 1 $149.66 $325.09 $474.75 $3,913.96
2009 2 $161.63 $313.12 $474.75 $3,752.33
2010 3 $174.57 $300.19 $474.75 $3,577.76
2011 4 $188.53 $286.22 $474.75 $3,389.23
2012 5 $203.61 $271.14 $474.75 $3,185.62
2013 6 $219.90 $254.85 $474.75 $2,965.72
2014 7 $237.49 $237.26 $474.75 $2,728.22
2015 8 $256.49 $218.26 $474.75 $2,471.73
2016 9 $277.01 $197.74 $474.75 $2,194.72
2017 10 $299.17 $175.58 $474.75 $1,895.54
2018 11 $323.11 $151.64 $474.75 $1,572.44
2019 12 $348.96 $125.79 $474.75 $1,223.48
2020 13 $376.87 $97.88 $474.75 $846.61
2021 14 $407.02 $67.73 $474.75 $439.58
2022 15 $439.58 $35.17 $474.75 $0.00
2023 16
2024 17
2025 18
2026 19
2027 20
2028 21
2029 22
2030 23
2031 24
2032 25
TOTAL $4,063.62 $3,057.65 $7,121.27
Exhibit B
Developer's Agreement
City of La Porte, Lakes at Fairmont Greens Public Improvement District
7
DEVELOPER'S AGREEMENT
This DEVELOPER'S AGREEMENT ("Agreement") is entered into between 65 La Porte,
Ltd., their Successors and Assigns (Devel~L1f~ and CITY OF LA PORTE, TItXAS, a
Texas Municipal Corporation ("City") on the;)~,r- day of TMvu;try ,20/ <{
Recitals
The Developer has proposed development of an approximate 138.41-acre tract in the
City of La Porte, as the Lakes at Fairmont Greens, which is referred to as the Tract and
defined hereinafter in Article I. Developer plans to develop the Tract, presently zoned
PUD, for single family residential use. City approval of this Developer's Agreement
shall constitute land use entitlement, subject to the additional requirements outlined
herein. Developer shall construct municipal utilities, including streets, a water
distribution system, wastewater collection system, and the storm drainage/detention
system that will connect with the existing City of La Porte and other regional systems in
accordance with development regulations and policies of the applicable regulatory
agencies. In addition to municipal utilities, the Developer will construct the following
public amenities that will be owned by the City and maintained by the Public
Improvement District (PID): 1) 8' wide concrete hike and bike trails along the
detention/amenity ponds that will extend from Little Cedar Bayou Park to McCabe Road
2) 6' high masonry sound wall along S.H.146 3) 4' high ornamental iron fence adjacent
to the golf course 4) 6' upgrade wood fence with rot board and cap along Wharton
Weems Blvd. and McCabe Road 5) school bus stops (approximately 4) 6) landscaping
7) entry monumentation 8) reserves/open space (including Taylor Bayou and
detention/amenity ponds) 9) 8' wide pedestrian bridge over Taylor Bayou and 10) a 1-2
acre park north of Wharton Weems Blvd. with play equipment, tables, benches, BBQ
pits, trash cans, etc. (As defined in Exhibits F and G attached hereto.)
The City has required, and Developer has agreed, that the tract will be developed in
general accordance with the Overall Lakes at Fairmont Greens development (in
accordance with the General Plan) approved by the City (as defined below and attached
hereto as Exhibit C). Such General Plan shall be subject to periodic amendment as
each phase of the development is implemented.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Developer agree as follows:
Developer's Agreement (Final) 011708
Page 1 of 9
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical de,<~Jppment aod use of the Tract as
defined herein and approved by the City on theolLday of JIJU-I"{i'l/, 205 or as
amended as allowed herein. I
SCUP means Special Conditional Use Permit approved by the City.
Developer means 65 La Porte, Ltd. or their assigns or succeeding developers.
Tract means the approximate 138.41 acres of land to be developed by Developer as
described in Exhibit B attached hereto.
HOA shall mean and refer to Lakes at Fairmont Greens Homeowners Association, Inc.,
a non-profit corporation incorporated under the laws of the State of Texas its
successors and assigns.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A - Special Conditional Use Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - Overall Lakes at Fairmont Greens development (in accordance with the
General Plan)
Exhibit D - (Reserved)
Exhibit E - Declaration of Restrictive Covenants for Lakes at Fairmont Greens
applicable to all construction and uses.
Exhibit F - Schematic Landscape Design
Exhibit G - Amenity Plan (Open Space I Trail System I Sound Wall I Upgrade Fence I
Ornamental Iron Fence I Park) - Plan views and Cross-Sections
Exhibit H - Metes & Bounds Description of that Portion of Taylor Bayou Accepted by the
City to be Maintained by the PID.
Exhibit I - Public Improvement District Agreement
Developer's Agreement (Final) 011708
Page 2 073
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Developer shall develop the entire Tract in
general accordance with the General Plan, SCUP and this Agreement, and any
amendments thereto, as approved by the City, allowing for periodic updates and
amendments to such Plan as various sections of the Overall Development are
implemented. The overall Lakes at Fairmont Greens development (in accordance with
the General Plan) is attached herewith and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that the
Developer's intent is to develop the Tracts as a residential PUD development consistent
with the City's Land Use Plan subject to certain exceptions listed below. Developer or
Developer's successors shall provide amenities and support facilities as set forth on the
General Plan and SCUP, both of which are attached to this Agreement. City
acknowledges that Developer intends to develop the Tracts in phases, and that all
development shall be in accordance with the Special Conditional Use Permit #SCU 04-
012 (SCUP), the General Plan and this Agreement. Should Developer determine that
the General Plan needs to be amended, Developer shall submit said modifications to
the City for review and approval, which said application shall be processed consistent
with this Agreement, the current General Plan and the Zoning Ordinance of the City of
La Porte, as the same may be amended from time to time. Amendments to the General
Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing.
2.3 Additional Land Use Restrictions. Developer agrees to conform to the City's
Code of Ordinances, Land Use Plan and established policies.
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Developer has prepared Draft
Declaration of Restrictive Covenants for Lakes at Fairmont Greens which are attached
to this Agreement as Exhibit "E". The covenants and'deed restrictions will apply to and
be binding upon the entire Tract. Declaration of Restrictive Covenants shall be
approved by the City and shall be recorded concurrently with the recordation of each
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 plats completed or installed and financed by the Developer).
Developer's Ag~eement (rinal) 011708
Page 3 of 9
Failure of Developer to begin construction in accordance with the approved plat/plans
and Special Conditional Use Permit within one year after issuance of said permit or as
scheduled under the terms of the SCUP shall terminate this Agreement. 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 SCUP.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Developer shall provide common
open space and pedestrian trails within the Restricted Reserves as shown in Exhibit C.
Details and cross-sections are further illustrated on the Schematic Landscape Design
(Exhibit F).
It is recognized that, until the final design of the detention pond/drainage system within
each section is approved, the exact location and dimensions of these facilities are
schematic. However, when the final design is approved, the City agrees to accept these
areas as public recreation amenities to be maintained by the PID, further explained in
the Public Improvement District Agreement (Exhibit I).
5.2 Beautification. The Developer shall implement a landscape plan for all phases
of the entire project that will address landscaping provisions in the detention ponds,
areas adjacent to the Bayforest Golf Course, at all subdivision entrances and along S.H.
146. Such public landscape and amenity areas, including rear lot line fences adjacent to
the pedestrian trails or amenities serving a public purpose, are to be owned by the City
and maintained by the PID. .
5.3 Taylor Bayou. The portion of Taylor Bayou described by metes and
bounds in Exhibit H, as well as the subdivision's drainage outfall structures within
drainage reserves, will be owned by the City and maintained by the PID. Enhanced
amenity plan of Taylor Bayou shall be approved by the City.
5.4 Ownership and Maintenance. The City will own all of the public landscape,
drainage, detention, open space and recreation reserves throughout the Development.
The maintenance of the reserves and easements will be the responsibility of the PID
pursuant to provisions of the deed restrictions, enforced by the HOA.
Grass within the dry areas of the detention ponds and Taylor Bayou will be maintained
at 12 inches in height or less. Erosion or other maintenance items within detention
ponds and Taylor Bayou will be corrected immediately as it is discovered by filling,
compacting and seeding.
Grass within parks, open space and landscape reserves will be maintained within 6
inches and grass within drainage reserves will be maintained at 9 inches in height or
less.
Developer's Agreement (Final) 011708
Page 4 of 9
Damage to the public fences, sound walls and.entry monumentation will be repaired as
damage occurs.
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 outlined
below.
· Initiation of 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.
6.2 Plat Recordation. The final plat for a section, as approved by City Planning and
Zoning, may be recorded once the City has inspected and accepted the Water, Sewer,
Drainage and Paving for that section.
It is the intent of the Developer to record the Section 1 plat as soon as the water, sewer,
. drainage and paving have been accepted by the City. The following list, plans and
specifications subject to City approval, will be considered "Developer Items": 1) sound
wall along S.H. 146 2) upgrade wood fence along Wharton Weems Blvd. 3) 4' high
ornamental iron style fence along the golf course 4) entry monumentation 5)
landscaping and 6) school bus stop 7) Determine and agree to the level of participation
and schedule for payment for the signalization of Wharton Weems Blvd. at SH 146. 8)
Rear lot line fences adjacent to any pedestrian pathway or similar amenity are to be of
like standard with the fence along the golf course and may be passed on to the builder
subject to the approval by the City. Completion of "Developer Items" for Section 1 shall
continue following recordation of Final Plat, with an anticipated completion date of May,
2008. Failure to accomplish the "Developer Items" may give cause for the TIRZ board to
withhold further increments. All fence designs, once approved by the City, will be
forwarded to the TIRZ Board for further approval. Developer will furnish to the City
approved and executed agreements with subsequent builders assigning any
Developer's Agreement (Final) 011708
Page 5 of 9
construction or installation responsibilities along with a schedule of construction prior to
the issuance of any building permits.
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". Final plats on successive phases will not be approved until
"Developer Items" on current sections under construction are completed.
ARTICLE VII.
UTILITIES, DRAINAGE
8.1 Utilities, Drainage. The Developer shall design and construct adequate water,
wastewater, and drainage facilities to serve each section of this project in accordance
with the City requirements and as further defined by this Agreement. As to water and
sanitary sewer, this would include a water system necessary for both fire suppression
and potable water supply with a loop connection to the main on the east side of S.H.
146 and a wastewater collection system.
The Developer will provide a drainage study for the subject property, which will include
the effect of the development on the surrounding properties as well as other properties
in the watershed. The study and design of drainage improvements shall meet the
requirements and approval of the appropriate governing agencies. Developer's
representative agrees to meet with City, prior to design of public utilities, to discuss
design criteria standards and policies. City shall approve all construction plans and
specifications for public improvements.
ARTICLE VIII. BUILDING LINES
9.1 Building Lines. The Developer shall establish building lines appropriate to the
use, but not less than those prescribed in the City's Code of Ordinances/SCUP.
Developer agrees that building lines will be either equal to or greater than that required
by ordinance for the zoning use shown and shall be based on site use or as shown on
the General Plan.
ARTICLE IX. MISCELLANEOUS
10.1 Sale of Tract; Assignability. Any contract by Developer to sell the entirety or
any portion of the Tract to a person or entity intending to develop the tract or such
portion thereof (a "Successor Developer," whether one or more) and any instrument of
conveyance for the entirety or any portion of the Tract to such Successor Developer
shall recite and incorporate this recorded Contract and exhibits hereto and provide that
this Contract be binding on such Successor Developer.
10.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such force majeure in writing to the party
Developer's Agreement (Final) 011708
Page 6 of 9
within a reasonable time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period;
and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Developer under any set of
circumstances prior to commencement of construction on the Tract.
10.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
10.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
10.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be. given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States Postal Service and addressed to
the party to be notified. Notice deposited in the mail in the manner hereinabove
described shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is deposited. Notice
given in any such other method shall be effective when received by the party to be
notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the City, to:
Ron Bottoms
City of La Porte
City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
If to Developer, to:
Norman Reed
65 La Porte, Ltd.
Project Manager
340 N. Sam Houston Pkwy., #100
Houston, Texas 77060
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
Developer's Agreement (i"inal) 011708
Page 7 of 9
10.6 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shall be subject to change or modification only with the mutual written consent of the
parties.
10.7 Benefits of Contract. This Contract is for the benefit of the City and Developer
and shaII not be construed to confer any benefit on any other person except as
expressly provided for herein.
10.8 Attorney's Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
10.9 Government Immunity Preserved. The Developer and the City agree that the
City does not, by entering in to this Contract or performing any act hereunder or by
failing to take any action hereunder, waive any governmental immunity that the City, its
officers, employees, or representatives, have under any law.
10.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Developer shall not be or constitute a breach of this agreement by
the other party of Developer.
10.11 Covenant Running With the Land. The obligations imposed on Developers
herein shall not impose personal liability on them, but shall constitute a covenant
running with the land, and as such shall be binding on the resent owners of the Tract
as well as subsequent owners thereof.
DEVELOPER:
65 La Porte, Ltd.
By:
Ron B oms, City Manager
Date: 1- \ lot l \)<0
Date: / /-2 / / D 3
, ,
ATTEST:
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lJJtII/j,O I ./
Martha Gillett, City Secretary
Developer's Agreement (Final) 011708
Page 8 of 9
APPROVED:
?f~7'~
Clark T. Askins, Assistant City Attorney
Developer's Agreement (Final) 011708
Page 9 of 9
~
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City of La Porte
Special Conditional Use Permit # SCU 04-012
This permit is issued to:
Arete Real Estate & Development Co.
Owners
340 N Sam Houston Parkway East, Suite#140 Houston, TX 77060
Address
For Development of:
Proposed Lakes at Fairmont Greens
Development Name
Located at SH 146 south of Bavpoint townhomes
Address
Legal Description:
135.4+/- acres of land beinq located in the W.P. Harris Survey, A-3D
City of La Porte, Harris County, Texas
Zoning:
Planned Unit Development (PUD)
Use:
Sinqle-family residential and commercial
Permit Conditions:
Land Use:
1. Allow single-family lots with 70' width along the Golf Course and 60'to 65' width lots in
other areas.
2. Maintain the redesign of the single-family lot layout to avoid front on 8th Street.
3. Allow commercial development at parcel 10 near McCabr Road & State Highway 146
(approximately 5 acres thereby qualifying for a PUD). A further refinement of the
commercial activity will be determined when the Development Agreement is created. Future
land use shall be approved by the City.
4. A 20 acres tract in center of development remains PUD without land use designation. But,
underlying land use from the Comprehensive Plan indicates single-family residential.
~~: .
1. Remove existing chain link fencing on border of golf course property. .
2. Avoid using 8th Street during construction phases of the development.
3. Provide emergency access to the golf course from McCabe Road area (alley and gate) to allow
. ambulance into this area of the course.
4. Center turn lanes on Wharton Weems should be considered.
5. Traffic signal on Wharton Weems and S.H. 146 is needed at the time the subdivision is developed.
The Developer should coordinate with TXDOT. Traffic impact study shall be initiated to look at
the need for widening and additional lanes at Wharton Weems with crossover consideration in
conjunction with improvements on S.H. 146
6. 8th Street not to go through. Design a dead-end with a temporary cul-de-sac added until it is
determined that an additional ROW is needed for park access.
7. A possible redesign of Section 5 may be needed to allow secondary access to S.H. 146 and roads may
have temporary cul-de-sacs to plan for future tie-ins between Section 5 and Section 3.
",
j
Detention:
1. Ensure that lake/detention areas are continuous. Provide wrought iron fencing to prevent
free movement of pedestrian traffic between the golf course and the subdivision. Install
wrought iron fencing along the rear of each lot overlooking the golf course/detention lake
area or between detention lakes and golf course, or other fencing alignment/material
approved by City Staff.
2. Size outflow piping so that water is retained sufficiently to prevent flooding on the golf
course or the subdivision. Detention designs shall be approved by the City.
3. Discuss rounding right angle comers of detention areas, (possibly utilizing City-owned land
to do so); this will increase detention capacity for the lake system).
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4. Maintenance of detention, down to the water level, will be determined in the Development
Agreement subject to final approval by the City.
5. Total volume of detention ponds shall meet or exceed the total volume recommended by
the Taylor Bayou study.
6. Coordinate with the City Staff on mechanism for maintaining static water level in wet
bottom detention ponds.
Parks. trails, and landscaping:
1. Add at least one 1-2 acre park site, not within Parcel 10, in additon to the passive park/detention areas
shown in the 1 st round.
2. Install play/service equipment to the current City of La Porte park standards (e.g. playground, picnic
areas, trash cans, barbeque pits, etc.)
3. Incorporate pedestrianlbicycIe trails along the linear detention/park areas, with entry and exit to the
subdivision, in at least 4-5 locations along its length.
4. Pedestrianlbicycle trails will be used by the subdivision and general public. Maintenance shall be the
responsibility of the Homeowner's Association (BOA), Public Improvement District (PID) or other entity
approved by the City.
5. Create winding pedestrianlbicyc1e trails with trees situated to add shade and landscaping to trails, both
along the linear park.
6. Provide a pedestrianlbicycle path from SH 146 to Little Cedar Park along the north perimeter of the
subdivision, with a connection to the east side pedestrianlbicyc1e trail.
7. Sidewalks are required along both sides of Wharton Weems Boluevard and McCabe Road.
8. As advised by TxDOT, create a landscaped sound wall along SH146 outside the 10' utility easeDlent to
have to reduce noise levels for the subdivision; ifberms utilized, then shrubbery planted along the top
(i.e. oleanders) to provide additional sound deadening. The design of the sound wall must be approved
by City Staff.
9. Irrigation shall be provided to allow establishment of all plant material.
10. Clearly state in covenents or deed restrictions that it is the responsibility of the homeowners to pay for
all costs for repairs that are incurred when property adjacent to the existing golf course and driving
range is damaged. Or if feasible, provide a protective mechanism that prevents damage to property that
is adjacent to the golf course or driving range.
11. Install a pedestrian bridge over Taylor Bayou to provide continuity for internal subdivision alternative
transportation, if necessary.
12. Submit the Developer's Agreement with the preliminary plat, covenants and deed restrictions, etc.
reaffirming and resolving the above conditions.
13. Plans shown, once accepted, cannot change unless in the case of minor road or lot configuration as
determined and approved by the Director of Planning.
Mandatory items:
1. Design and construction for the new 24" trunk sewer main, location of new lift station # 12,
off-site improvements to LS#6, and other infrastructure are the responsibility of the
develeoper and shall be approved by the City Staff.
2. Water meters accommodating automated meter reader devices shall be installed by the
developer. Coordinate appropriate City staff to obtain specifications.
3. All deeds, covenants & restrictions shall be reviewed and approved by the City of La Porte.
4. Comply with all other applicable laws and ordinances of the City of La Porte and the State
of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon recommendation of the Planning and Zoning Commission of the City of
La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
ValiionDate: . D \~\ I~S
cA) ~J)J
Directdr ofjlanning
~!a{{;ld>~f,dZ//
( CIty Secretary
EXHIBIT B
METES AND BOUNDS
TRACT 1:
A 19.169 ACRE CALLED (835,020 SQUARE FEET) CALCULATED 835,002 SQUARE FEET
TRACT OF LAND, COMPRISING PART OF THE TOWN OF LA PORTE (VOL. 60, PG. 112,
HARRIS COUNTY DEED RECORDS), JOHNSON HUNTER SURVEY, ABSTRACT 35, LA
PORTE, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS.
TRACT 2:
A 14.707 ACRE (640,616 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA PORTE
(Va. 60, PG 112, ET SEQ. HARRIS COUNTY DEED RECORDS), W.P. HARRIS SURVEY,
ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS.
TRACT 3:
A 9.075 ACRE (395,310 SQUARE FEET) CALLED 876,385 SQUARE FEET TRACT OF LAND,
IN THE TOWN OF LA PORTE (VOL. 60, PG. 112, HARRIS COUNTY DEED RECORDS) W.P.
HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
TRACT 4:
A 20.119 ACRE CALLED (876,392 SQUARE FEET) CALCULATED 876,385 SQUARE FEET
TRACT OF LAND, IN THE W.P. HARRIS SURVEY, ABSTRACT 30,LA PORTE, HARRIS
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
TRACT 5:
A 4.973 ACRE (216,625 SQUARE FEET) TRACT OF LAND, IN THE W.P. HARRIS SURVEY,
ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF.
TRACT 6:
BEING A 2.8755 ACRE (125,258 SQUARE FEET) TRACT OF LAND, MORE OR LESS, IN THE
TOWN OF LA PORTE, (VOL. 60, PG 112, ET SEG, HARRIS COUNTY DEED RECORDS), W.P.
HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
TRACT 7:
BEING A 16.586 ACRE (722,474 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG 112, H.C.D.R.), W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE,
HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
TRACT 8:
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
BEING A 5.754 ACRE (250,652 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112, H.C.D.R.), W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE,
HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS ON EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF.
TRACT 9:
A TRACT OF LAND CONTAINING 41.992 ACRES (1,829,187 SQUARE FEET) OF LAND IN
THE TOWN OF LA PORTE (VOL. 60, PG. 112, ET SEG, H.C.D.R.), JOHNSON HUNTER
SURVEY, A-35, AND THE W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS
COUNTY, TEXAS; SAID 41.992 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
C:V\RETE\PROJECTS (Active}\LAKES AT FAlRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
lEGAL DESCRIPTION
TRACT 1
BEING A 19.169 ACRE (835,002 SQUARE FEET) CALLED 835,020 SQUARE FEET OF LAND
COMPRISING PART OF THE TOWN OF LA PORTE (VOL. 60, PG. 112, H.C.D.R.) JOHNSON
HUNTER SURVEY, A-35, LA PORTE, HARRIS COUNTY, TEXAS AND IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET 518 INCH IRON ROD AT THE NORTHWEST CORNER OF THIS 19.169
ACRE TRACT; SAID POINT BEING COINCIDENT WITH THE SOUTHWEST CORNER OF BAY
POINT (GARDENWALK) TOWNHOMES (VOL. 195, PG. 18, H.C.M.R.) AND THE EAST RIGHT-
OF-WAY LINE OF STATE HIGHWAY 146;
THENCE SOUTH 89 DEGREES 59 MINUTES 41 SECONDS EAST (CAll EAST);
COINCIDENT WITH THE SOUTH BOUNDARY LINE OF SAID BAY POINT TOWNHOMES; A
DISTANCE OF 937.99 FEET TO A 5/8 INCH IRON ROD SET AT THE NORTHEAST CORNER
OF THIS 19.169 ACRE TRACT;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF LITTLE CEDAR
BAYOU PARK A DISTANCE OF 461.88 FEET TO A 5/8 INCH IRON ROD FOUND FOR
CORNER;
THENCE WEST COINCIDENT WITH THE NORTH BOUNDARY LINE OF THAT CERTAIN 3.399
ACRE (TRACT IV), (HCCF NO. K784741) COMPRISING PART OF CITY OF LA PORTE BAY
FOREST GOLF COURSE; A DISTANCE OF 100.00 FEET TO A 5/8 INCH IRON ROD FOUND
FOR CORNER;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF SAID CITY OF
LA PORTE 3.399 ACRE TRACT A DISTANCE OF 467.73 FEET TO A 5/8 INCH IRON ROD
FOUND FOR THE SOUTHEAST CORNER OF THIS 19.169 ACRE TRACT;
THENCE WEST COINCIDENT WITH THE NORTH BOUNDARY LINE OF TRACT 2 (20.000
ACRE TRACT) A DISTANCE OF 859.72 FEET TO A 5/8 INCH IRON ROD SET FOR
SOUTHWEST CORNER OF THIS 19.169 ACRE TRACT; .
THENCE NORTH 00 DEGREES 02 MINUTES 01 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146. A DISTANCE OF 391.78 FEET TO A
SET 5/13 INCH IRON ROD FOR CORNER;
THENCE SOUTH 87 DEGREES 58 MINUTES 30 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, A DISTANCE OF 16.60 FEET TO A
1/2/NCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 00 DEGREES 31 MINUTES 19 SECONDS EAST, COfNCIDENTWITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, A DISTANCE OF 538.53 FEET TO
THE POINT OF BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
lEGAL DESCRIPTION
TRACT 2
BEING A 14.707 ACRE TRACT (640,616 SQUARE FEET) TRACT OF LAND IN THE TOWN OF
LA PORTE (VOL. 60, PG.112, ET SEQ. H.C.D.R.) W. P. HARRIS SURVEY, A-3D, LA PORTE,
HARRIS COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOllOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THAT
CERTAIN C1TY OF LA PORTE BAY FOREST GOLF COURSE TRACT II (20.35 ACRES) AS
DESCRIBED IN HCCF NO. K784741, AND THE SOUTHEAST CORNER OF THIS 14.707 ACRE
TRACT;
THENCE SOUTH 87 DEGREES 50 MINUTES 08 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD (HCCF # E563165); A
DISTANCE OF 712.51 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST
CORNER OF THIS 14.707 ACRE TRACT AND FROM WHICH A 1/2 INCH IRON ROD WAS
FOUND BEARS SOUTH 03 DEGREES 55 MINUTES WEST, 0.74 FEET;
THENCE NORTH COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT 9, (41.992
ACRES) AND THE WEST RIGHT-OF-WAY LINE OF 6TH STREET (CLOSED BY HARRIS
COUNTY COMMISSIONERS COURT VOL. 5307, PG. 419, HCDR) A DISTANCE OF 913.20
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 14.707
ACRE TRACT;
THENCE EAST COINCIDENT WITH THE SOUTH BOUNDARY LINE OF CITY OF LA PORTE
BAY FOREST GOLF COURSE A DISTANCE OF 712.00 FEET TO A 5/8 INCH IRON ROD SET
FOR THE NORTHEAST CORNER OF THIS 14.707 ACRE TRACT;
THENCE SOUTH COINCIDENT WITH THE WEST BOUNDARY LINE OF CITY OF lA PORTE
BAY FOREST GOLF COURSE TRACT II, A DISTANCE OF 886.29 FEET TO THE POINT OF
BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
lEGAL DESCRIPTION
TRACT 3
BEING A 9.075 ACRE (395,310 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112 ET SEQ. HCDR) W. P HARRIS SURVEY, A-3D, lA PORTE, HARRIS
COUNTY, TEXAS. THE 9.075 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOllOWS;
BEGINNING AT A 5/8 INCH IRON ROD SET ON THE EAST RIGHT-OF-WAY LINE OF STATE
HIGHWAY 146 AT THE SOUTHWEST CORNER OF THIS 9.075 ACRE TRACT AND THE
NORTHWEST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL. 6642, PG. 439, HCDR);
THENCE IN A NORTHERLY DIRECTION COINCIDENT WITH THE EAST RIGHT-OF-WAY
LINE OF STATE HIGHWAY 146, FOllOWING A CURVE TO THE lEFT, SAID CURVE
HAVING A CENTRAL ANGLE OF 4 DEGREES 47 MINUTES 24 SECONDS A RADIUS OF
5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 16 DEGREES 26 MINUTES 45
SECONDS EAST, A DISTANCE OF 493.62 FEET FOR A TOTAL ARC DISTANCE OF 493.78
FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THIS 9.075 ACRE
TRACT;
THENCE SOUTH 89 DEGREES 44 MINUTES 02 SECONDS EAST COINCIDENT WITH THE
SOUTH BOUNDARY LINE OF TRACT 8 (5.754 ACRE TRACT) A DISTANCE OF 655.09 FEET
TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THIS 9.075 ACRE
TRACT;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT 111 (69.35 ACRES) (HCCF NO. K784741) A DISTANCE OF 773.78 FEET TO A
5/8 INCH IRON ROD SETFOR THE SOUTHEAST CORNER OF THIS 9.075 ACRE TRACT;
THENCE NORTH 35 DEGREES 34 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT EASEMENT A DISTANCE OF 101.50 FEET TOA5/B INCH IRON ROD FOUND FOR
CORNER;
THENCE NORTH 70 DEGREES 19 MINUTES 18 SECONDS WEST COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID 110 FEET HARRIS COUNTY FLOOD CONTROL
DISTRICT DRAINAGE EASEMENT A DISTANCE OF 597.61 FEET TO THE POINT OF
BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 4
BEING A 20.1190 ACRE (876,385 SQUARE FEET) CALLED (876,392 SQUARE FEET) TRACT
OF LAND IN THE W. P. HARRIS SURVEY, A-30, LA PORTE HARRIS COUNTY, TEXAS. SAID
20.1190 ACRE TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOllOWS:
BEGiNNING AT A SET 5/8 INCH IRON ROD MARKING THE NORTH RIGHT-OF-WAY LINE OF
McCABE ROAD AND THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, SAID
POINT BEING THE SOUTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE NORTH 23 DEGREES 27 MINUTES 22 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, A DISTANCE OF 706.52 FEET (CALL
708.06 FEET) TO A CONCRETE HIGHWAY MONUMENT FOUND FOR A POINT OF
CURVATURE;
THENCE IN A NORTHERLY DIRECTION, COINCIDENT WITH THE EAST RIGHT-OF-WAY
LINE OF STATE HIGHWAY 146, FOLLOWING A NON-TANGENT CURVE TO THE LEFT, SAID
CURVE HAVING A CENTRAL ANGLE OF 3 DEGREES 31 MINUTES 23 SECONDS, A RADIUS
OF 5906.03 FEET, CHORD BEARING AND DISTANCE OF NORTH 21 DEGREES 40 MINUTES
08 SECONDS EAST, 363.10 FEET, FOR AN ARC DISTANCE OF 363.15 FEET TO A 5/8 INCH
IRON ROD FOUND FOR THE NORTHWEST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE SOUTH 70 DEGREES 19 MINUTES 18 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE EASEMENT (VOL. 6642, PAGE 439, H.C.D.R.); A DISTANCE
OF 562.61 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE SOUTH 35 DEGREES 34 MINUTES 35 SECONDS EAST; COINCIDENT WITH THE
WEST RIGHT-OF-WAY LINE OF SAID HARRIS COUNTY FLOOD CONTROL DISTRICT
DRAINAGE EASEMENT, A DISTANCE OF 651.96 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE SOUTH 00 DEGREES 41 MINUTES 16 SECONDS EAST, COINCIDENT WITH THE
WEST RIGHI-OF-WAY LINE OF SAID HARRIS COUNTY FLOOD CONTROL DISTRICT
DRAINAGE EASEMENT, A DISTANCE OF 269.87 FEET TO A 1/2 INCH IRON ROD FOUND
FOR THE SOUTHEAST CORNER OF THIS 20.1190 ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 39 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF McCABE ROAD, A DISTANCE OF 1327.60 FEET TO THE
POINT OF BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 5
BEING A 4.973 ACRE (216,624 SQUARE FEET) TRACT OF LAND IN THE W.P. HARRIS
SURVEY, A-3D, LA PORTE, HARRIS COUNTY, TEXAS. THE 4.973 ACRE TRACT IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTH RIGHT-OF-WAY LINE OF
MCCABE ROAD AT THE SOUTHWEST CORNER OF THIS 4.973 ACRE TRACT AND THE
SOUTHEAST CORNER OF THAT CERTAIN 110 FEET WIDE HARRIS COUNTY FLOOD
CONTROL DISTRICT DRAINAGE DITCH EASEMENT (VOL. 6642, PG. 439 HCDR);
THENCE NORTH 0 DEGREES 41 MINUTES 16 SECONDS WEST COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF SAID HCFCD DRAINAGE DITCH EASEMENT A DISTANCE
OF 300.02 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF
THIS 4.973 ACRE TRACT;
THENCE SOUTH 89 DEGREES 49 MINUTES 39 SECONDS EAST, COINCIDENT WITH THE
SOUTH BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (HCCF NO. K784741) PASSING AT 4.56 FEET A 5/8 INCH
IRON ROD FOUND ON LINE, FOR A TOTAL DISTANCE OF 724.56 FEET TO A 5/8 INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF THIS 4.973 ACRE TRACT;
THENCE SOUTH 0 DEGREES 15 MINUTES 09 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY LINE OF FOREST VIEW MOBILE HOME PARK (ABANDONED
TIDEWOOD SUBDIVISION SECTION ONE) (VOL. 66, PG 61, HCMR) A DISTANCE OF 300.00
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF THIS 4.973
ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 35 SECONDS WEST, COINCIDENT WITH THE
NORTH RIGHT-OF-WAY LINE OF MCCABE ROAD, A DISTANCE OF 719.64 FEET TO THE
POINT OF BEGINNING.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
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EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 6
BEING A 2.8755 ACRE (125,258 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112 ET. SEQ. H.C.D.R.), W. P. HARRIS SURVEY, A-3D, LA PORTE,
HARRIS COUNTY, TEXAS. SAID 2.8755 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOllOWS:
BEGINNING AT A 5/8 INCH IRON ROD SET MARKING THE INTERSECTION OF SOUTH
RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146;
THENCE NORTH 89 DEGREES 01 MINUTES 35 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
190.05 FEET TO HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
83.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE SOUTH, FOR A DISTANCE OF 358.40 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE WEST, FOR A DISTANCE OF 402.51 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
THENCE NORTH 14 DEGREES 54 MINUTES 28 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 181.06 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 10 DEGREES 32 MINUTES 41 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 127.65 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH 49 DEGREES 47 MINUTES 08 SECONDS EAST, FOR A DISTANCE OF
77.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.8755 ACRES OF LAND.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
TRACT 7
BEING A 16.586 ACRE (722,474 SQUARE FEET) TRACT OF lAND IN THE TOWN OF LA
PORTE (VOL. 80, PG. 112. H.C.D.R.), W. P. HARRIS SURVEY, A-3D, LA PORTE, HARRIS
COUNTY, TEXAS. THE 16.586 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOllOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF
THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF COURSE TRACT III (69.35 ACRES)
(H.C.C.F. NO. K784741) AND THE NORTHEAST CORNER OF THIS 16.586 ACRE TRACT;
SAID CORNER BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WHARTON
WEEMS BOULEVARD (H.C.C.F. NO. E563165);
THENCE SOUTH, COINCIDENT WITH THE WEST BOUNDARY LINE OF SAID CITY OF LA
PORTE BAY FOREST GOLF COURSE, A DISTANCE OF 545.03 FEET TO THE SOUTHEAST
CORNER OF THIS 16.586 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH
13 DEGREES 24 MINUTES WEST, 0.47 FEET;
THENCE, NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COINCIDENT WITH THE
NORTH BOUNDARY LINE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE, A
DISTANCE OF 1402.12 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST
CORNER OF THIS 16.586 ACRE TRACT;
THENCE NORTH, COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT 8 (5.754
ACRES); A DISTANCE OF 485.53 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
NORTHWEST CORNER OF THIS 16.586 ACRE TRACT;
THENCE NORTH 87 DEGREES 50 MINUTES 08 'SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF
1403.11 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16.586 ACRES OF LAND.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT 8
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 9
BEING A 41.992 ACRE (1,829,187 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60, PG. 112 H.C.D.R.), JOHNSON HUNTER SURVEY, A-35, AND W. P. HARRIS
SURVEY, A-3D, LA PORTE, HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD SET AT THE INTERSECTION OF THE EAST RIGHT-
OF-WAY LINE OF STATE HIGHWAY 146 WITH THE NORTH RIGHT-OF-WAY LINE OF
WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165).
THENCE IN A NORTHERLY DIRECTION, WITH THE EAST LINE OF STATE HIGHWAY 146,
FOLLOWING A NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 06
DEGREES 44 MINUTES 36 SECONDS, A RADIUS OF 5906.03 FEET, CHORD BEARING AND
DISTANCE OF NORTH 03 DEGREES 18 MINUTES 00 SECONDS EAST, 694.70 FEET, AN
ARC DISTANCE OF 695.10 FEET TO A 5/8 INCH IRON ROD SET AT THE POINT OF
TANGENCY;
THENCE NORTH 00 DEGREES 02 MINUTES 01 SECONDS EAST, CONTINUING WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 667.45 FEET
TO THE NORTHWEST CORNER OF THIS 41.992 ACRE TRACT, BEING THE SOUTHWEST
CORNER OF TRACT 2 (20.00 ACRE TRACT), FROM WHICH A FENCE CORNER BEARS
SOUTH 38 DEGREES 26 MINUTES EAST, 1.36 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, WITH THE SOUTH LINE
OF "S" STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT, VOLUME 5307,
PAGE 419 HARRIS COUNTY DEED RECORDS), PASSING AT 860.31 FEET THE
SOUTHEAST CORNER OF TRACT 2 AND THE SOUTHWEST CORNER OF THAT CERTAIN
3.399 ACRE TRACT IV (HARRIS COUNTY CLERKS FILE NO. K784741), PASSING AT 960.31
FEET THE SOUTHWEST CORNER OF THE 3.399 ACRE TRACT, AND THE SOUTHWEST
CORNER OF THE CITY OF LA PORTE BAY FORREST GOLF COURSE, FOR A TOTAL
DISTANCE OF 1286.40 FEET CALLED 1236.31 FEET TO THE NORTHEAST CORNER OF
THIS 41.992 ACRE TRACT, FROM WHICH A FENCE CORNER BEARS SOUTH 03 DEGREES
48 MINUTES WEST, 1.80 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, WITH THE WEST LINE OF
6TH STREET (CLOSED BY HARRIS COUNTY COMMISSIONER COURT, VOLUME 5307,
PAGE 419, HARRIS COUNTY DEED RECORDS), PASSING AT 480.00 FEET CALLED 450.00
FEET THE SOUTHWEST CORNER OF CITY OF LA PORTE BAY FOREST GOLF COURSE
AND THE NORTHWEST CORNER OF TRACT 2 (14.707 ACRE TRACT), FOR A TOTAL
DISTANCE OF 1393.20 FEET CALLED 1383.20 TO THE SOUTHEAST CORNER OF THIS
41.992 ACRE TRACT AND THE SOUTHWEST CORNER OF TRACT 2, FROM WHICH A 5/8
INCH IRON ROD FOUND BEARS SOUTH 03 DEGREES 55 MINUTES WEST, 0.74 FEET;
THENCE SOUTH 87 DEGREES 50 MINUTES 08 SECONDS WEST, WITH THE NORTH LINE
OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 782.69 FEET, FROM WHICH A
TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS SOUTH 16
DEGREES 39 MINUTES EAST, 0.46 FEET;
THENCE NORTH 89 DEGREES 28 MINUTES 42 SECONDS WEST; CONTINUING WITH THE
NORTH LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 317.48 FEET,
FROM WHICH A TX. DOT. CONCRETE MONUMENT WITH BRASS DISK FOUND BEARS
SOUTH 06 DEGREES 35 MINUTES EAST, 0.86 FEET;
C:\ARETE\PROJECTS (Actrve)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
THENCE, SOUTH 89 DEGREES 10 MINUTES 37 SECONDS WEST, CONTINUING WITH THE
NORTH LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF 173.73 FEET, TO
THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, FROM WHICH A TX. DOT
CONCRETE MONUMENT WITH BRASS DISKFOUND BEARS SOUTH 12 DEGREES 48
MINUTES EAST, 1.07 FEET;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE NORTH LINE OF WHARTON
WEEMS BOULEVARD, FOLLOWING A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 95 DEGREES 21 MINUTES 19 SECONDS, A RADIUS OF 55.00 FEET, CHORD BEARING
AND DISTANCE OF NORTH 41 DEGREES 01 MINUTES 19 SECONDS WEST, 81.33 FEET;
FOR AN ARC DISTANCE OF 91.53 FEET TO THE POINT OF BEGINNING, AND CONTAINING
41.992 ACRES OF LAND.
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
LEGAL DESCRIPTION
TRACT 8
BEING A 5.754 ACRE (250,652 SQUARE FEET) TRACT OF LAND IN THE TOWN OF LA
PORTE (VOL. 60. PG. 112 ET SEQ. H.C.D.R.), W.P. HARRIS SURVEY. A-3D, LA PORTE.
HARRIS COUNTY, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD SET MARKING THE INTERSECTION OF SOUTH
RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD (H.C.C.F. NO. E563165) WITH
THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146;
THENCE IN A NORTHEASTERLY DIRECTION COINCIDENT WITH THE SOUTH RIGHT-OF-
WAY LINE OF WHARTON WEEMS BOULEVARD FOllOWING A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 79 DEGREES 09 MINUTES 19 SECONDS. A RADIUS OF
55.00 FEET AND A CHORD BEARING OF NORTH 50 DEGREES 02 MINUTES 20 SECONDS
EAST FOR A DISTANCE OF 70.08 FEET, FOR AN ARC DISTANCE OF 75.98 FEET TO A
HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 01 MINUTES 35 SECONDS EAST COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
212.00 FEET TO HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
83.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER AND POINT OF BEGINNING FOR
THE HEREIN DESCRIBED TRACT;
THENCE NORTH 86 DEGREES 46 MINUTES 31 SECONDS EAST, COINCIDENT WJTH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, FOR A DISTANCE OF
235.96 FEET TO A HIGHWAY MONUMENT (BRASS CAP IN CONCRETE) FOUND FOR
CORNER;
THENCE NORTH 87 DEGREES 50 MINUTES 08 SECONDS EAST COINCIDENT WITH THE
SOUTH RIGHT-OF-WAY LINE OF WHARTON WEEMS BOULEVARD, A DISTANCE OF 87.56
FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF THIS 5.754
ACRE TRACT.
THENCE SOUTH, COINCIDENT WITH THE WEST BOUNDARY LINE OF TRACT 7 (16.586
ACRES), FOR A DISTANCE OF 485.53 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST COINCIDENT WITH THE
NORTH BOUNDARY LINE OF THAT CERTAIN CITY OF LA PORTE BAY FOREST GOLF
COURSE TRACT III (69.35 ACRES) (H.C.C.F. NO. K784741). FOR A DISTANCE OF 100.00
FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER;
THENCE SOUTH 12 DEGREES 55 MINUTES 28 SECONDS WEST, COINCIDENT WITH THE
WEST BOUNDARY LINE OF SAID CITY OF LA PORTE BAY FOREST GOLF COURSE FOR A
DISTANCE OF 80.00 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST, COINCiDENT WITH THE
NORTH BOUNDARY LINE OF TRACT 3 (9.075 ACRES), FOR A DISTANCE OF 655.09 FEET
TO THE SOUTHWEST CORNER OF THIS 5.754 ACRE TRACT, FROM WHICH A FENCE
CORNER BEARS SOUTH 34 DEGREES 31 MINUTES EAST 1.09 FEET,
THENCE NORTH 11 DEGREES 37 MINUTES 20 SECONDS EAST, COINCIDENT WITH THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146, FOR A DISTANCE OF 188.89 FEET
C:\ARETE\PROJECTS (Active)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Full Project.doc
11/27/2007
EXHIBIT B
METES AND BOUNDS
TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE EAST, COINCIDENT WITH THE SOUTH BOUNDARY LINE OF TRACT 6 (2.8755
ACRES) FOR A DISTANCE OF 406.21 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER;
THENCE NORTH, COINCIDENT WITH THE EAST BOUNDARY LINE OF TRACT 6 (2.8755
ACRES), FOR A DISTANCE OF 358.40 FEET TO THE POINT OF BEGINNING AND
CONTAINING SAID 5.754 ACRES (250,652 SQ, FT.) OF LAND.
SCHEDULE B
A. A GROUND EASEMENT 8 FEET WIDE AND AN AERIAL EASEMENT 10 FEET WIDE
ALONG THE NORTH PROPERTY LINE OF TRACT I, RECORDED IN VOLUME 195, PAGE 18
OF'THE MAP RECORDS OF HARRIS COUNTY, TEXAS.
B. AN EASEMENT FOR WATER LINE PURPOSES 10 FEET IN WIDTH, PARALLEL AND
ADJACENT TO S.H. 146 RECORDED UNDER HCCF # G505868. (AS TO TRACTS 1,3,4,6,8
AND 9)
C. SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT LOCATED AT THE
SOUTHWEST CORNER OF TRACT 2, RECORDED UNDER HCCF # U369439.
D. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINES OF TRACT 4, RECORDED UNDER HCCF #V947479.
E. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINES OF TRACT 3, RECORDED UNDER HCCF # V947480.
F. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINE OF TRACT 1, RECORDED UNDER HCCF# V947481.
H. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINE OF TRACT 8, RECORDED UNDER HCCF # V928384.
I. A WATER AND WASTEWATER EASEMENT 20 FEET WIDE ALONG THE EASTERLY
PROPERTY LINE OF TRACT 9, RECORDED UNDER HCGF # V947482.
C:\ARETE\PROJECTS (Actrve)\LAKES AT FAIRMONT GREENS\Agreements and
Contracts\Developer's Agreement\Exhibit B Metes and Bounds Fufl Project.doc
11/27/2007
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EXHIBIT D
RESERVED
EXHIBIT liEu
DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS
. FOR LAKES AT FAIRMONT GREENS SUBDIVISION
A SUBDIVISION IN LA PORTE, HARRIS COUNTY, TEXAS
THE STATE OF TEXAS
s
s
s
COUNTY OF HARRIS
This Declaration is made by 65 La Porte, Ltd., a Texas Limited Partnership, whose
mailing address is 340 N. Sam Houston Parkway E, #100, Houston, Texas 77060 (hereinafter
called "Declarant").
WIT N E SSE T H:
WHEREAS, Declarant is the owner of that certain real property known as Lakes at
Fairmont Greens subdivision in La Porte, Harris County, Texas, according to the map or plat
thereof recorded under Harris County Clerk's File No. of the Map Records
of Harris County, Texas; and
WHEREAS, it is the desire of Declarant to place certain restrictions, covenants,
conditions, stipulations and reservations upon and against all of Lakes at Fairmont Greens
Subdivisio~ in order to establish a uniform plan for the development, improvement and sale of
such property, and to insure the preservation of such uniform plan for the benefit of both the
present and future owners of lots in said subdivision;
NOW, THEREFORE, Declarant hereby adopts, establishes, imposes and declares the
following reservations, easements, restrictions, covenants and conditions applicable thereto, all
of which are for the purpose of enhancing and protecting the value, desirability and
attractiveness of the land, which reservations, easements, covenants, restrictions and conditions
shall run with the land and shall be binding upon all parties having or acquiring any right, title or
interest therein, or any part thereof, and shall inure to the benefit of each owner thereof, their
heirs, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1.1. "Annual Assessment" shall mean and refer to those charges assessed the
Owners by the Association, which charges shall be used for the purposes outlined in Section 8.2
of Article VIII.
Section 1.2. "Architectural Control Committee" shall mean and refer to the
Architectural Control Committee provided for ill Article V hereof.
Section 1.3. "Assessment" shall mean and refer to the Annual Assessments, Special
Assessments, and or any other amounts or sums due by any Owner to the Association pursuant to
the provisions of this Declaration, or any combination thereof.
Section 1.4. "Association" shall mean and refer to Lakes at Fairmont Greens
Homeowners Association, Inc., a non-profit corporation incorporated under the laws of the State
of Texas its successors and assigns, as provided for in Article V1 hereof.
Section 1.5. "Board of Trustees" or "Board" shall mean and refer to the governing
body of the Association.
Section 1.6. "Common Area" shall mean and refer to any property conveyed to the
Association or expressly designated as Common Area by Declarant, and any and all
improvements including, but not limited to green belt areas and other recreational facilities that
may be constructed thereon.
Section 1.7. "Declarant" shall mean and refer to 65 La Porte, Ltd., its successors and
assigns", provided such successors and assigns (i) acquire for the purpose of development or sale
all or any portion of the remaining undeveloped or unsold portions of the Subdivision subject to
this Declaration, and (ii) are designated as the Declarant by an instrument in writing executed by
65 La Porte, Ltd. and filed of record in the Real Property Records of Harris County, Texas.
Upon such designation of such successor Declarant, all rights of the former Declarant in and to
such status as Declarant hereunder shall cease, it being understood that there shall be' only one
entity entitled to exercise the rights and powers of the Declarant hereunder at anyone point in
time.
Section 1.8. "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Lakes at Fairmont Greens Subdivision, as may be amended from
time to time.
Section 1.9. "Lot" shall mean and refer to each of the numbered Lots shown on the
Subdivision Plats.
Section 1.10. "Member" shall mean and refer to every person entitled to membership in
the Association, as provided in Section 6.3 of Article VI.
Section 1.11. "Notice" shall mean and refer to (i) written notice delivered personally or
mailed to the last known address of the intended recipient, or (ii) notice published at least once
each week for two consecutive weeks in a newspaper having general circulation in Harris
County, Texas.
Section 1.12. "Owner" shall mean and refer to the record aYlmer, whether one or more
persons or entities, of fee simple title to any Lot which is part of the Subdivision, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation and those owning only an easement right, a mineral interest, or a royalty interest.
2
Section 1.13. "P.LD." shall mean and refer to Public Improvement District #1, or any
successor entity.
Section 1.14. "Special Assessment" shall mean and refer to those charges periodically
assessed the Owners by the Association, which charges shall be used for the purposes outlined in
Section 7.4 of Article VIT.
Section 1.15. "Subdivision" shall mean and refer to the real property contained within
Lakes at Fairmont Greens Subdivision, as more fully described on the plat thereof recorded
under Volume _, Page _ of the Map Records of Harris County, Texas, and under Clerk's
File No. of the Real Property Records of Harris County, Texas, and any
amendments thereto or replats thereof, and also to all property in the future which is annexed
into and which is subjected to the jurisdiction of the Association.
Section 1.16. "Subdivision Plat" shall mean and refer to the recorded map or plat of the
Subdivision recorded for Lakes at Fairmont Greens Subdivision under Volume _, Page
_ of the Map Records of Harris County, Texas, and any amendments thereto or replats
thereof, and including plats and any replats of additional property as may be brought within the
jurisdiction ofllie Association in accordance with this Declaration.
ARTICLE II
RESERVATIONS. EXCEPTIONS AND DEDICATIONS
Section 2.1. Dedications and Restrictions in Subdivision Plat. All dedications,
limitations, restrictions and reservations shown on the Subdivision Plat are incorporated herein
and made a part hereof, as if fully set forth herein, and are enforceable by the Declarant, the
Association, and the Owners, and their successors and assigns.
Section 2.2. Reservation of Easements. Declarant hereby reserves, and shall have
the right to grant, convey and dedicate easements over, on or under any part of the land in the
Subdivision reasonably required for streets and/or for electric light and power, telephone, natural
gas, water; sanitary sewer, storm sewer, cable television, installation of security equipment and
other utility or technology infrastructure, so long as such easements do not materially impair the
use of the Lots for single family residential use as set forth herein, regardless of whether at such
time Declarant has title to the land within the easement(s). Thereafter, the Declarant shall have
the power and authority to grant such easements only upon the approval and at the direction of
the Board of Trustees of the Association. In addition, an easement is hereby granted to the
Association, its officers, agents, employees, and to any management company duly selected by
the Association, to enter in or cross over the Common Area and or any Lot to perform the duties
of maintenance and repair as provided for herein. The easements provided for in this Article
shall in no way affect any other recorded easements covering any portion of the Subdivision.
Section 2.3. Waiver. Neither Declarant nor any utility company using the
easements herein referred to shall be liable for any damages done by them or their agents,
,..,
:J
employees, servants, or assigns, to fences, shrubbery, trees or flowers or other property of the
Owner situated on the land covered by said easements.
Section 2.4. Communications, Security and Other Technology. Telephone service
shall be available to each Lot by way of underground cable or fiber optic connection, which shall
be installed and maintained by the telephone company or service provider. The Association shall
be authorized and empowered to grant such specific easements in, under, on or above the
. Common Area as the telephone company or service provider may require in order to provide
such service.
Declarant and/or Association reserve the right to hereafter enter into a franchise or similar type
agreement with one or more cable television companies on behalf of the Association and
Declarant shall have the right and power in such agreement or agreements to grant such cable
television company or companies the uninterrupted right to install and maintain communications
cable and related ancillary equipment and appurtenances within the utility easements or rights-
of":way reserved and dedicated herein and in the Subdivision Plat. Declarant does hereby reserve
unto the Association, its successors and assigns, the sole and exclusive right to obtain and retain
all income, revenue and other things of value paid or to be paid by such cable television
compames.
Declarant and/or Association reserve the right to enter into an agreement with one or more
companies to provide security services, including, but not limited to, security cameras to the
Subdivision. However, Declarant and/or Association are under no obligation to provide such
services or guarantee their operating condition, and Owners hereby indemnify and hold
Declarant and/or Association harmless for any breach of security or malfunction of equipment
which may occur. Additionally, Declarant and/or Association will not be held liable in trespass
or otherwise for installation and/or maintenance of said security equipment.
Section 2.5. Easements for Surface Drainage. No wall, fence, hedge, or other
obstacle shall be constructed so as to prevent natural surface drainage across adjoining Lots.
Section 2.6. Changes and Additions. Declarant reserves the right to make changes
in and additions to the above easements for the purpose of most efficiently and economically
installing the improvements.
Section 2.7. Title to Easements Not Conveyed. It is expressly agreed and understood
that the title conveyed by Declarant to any Lot within the Subdivision by contract, deed or other
conveyance shall not in any event be held or constructed to convey title to any roadways or any
drainage, water, gas, sanitary sewer, storm sewer, electric lights, electric power, telegraph or
telephone lines, poles or conduits or any utility or appurtenance thereto constructed by or under
Declarant or any easement owner (or their agents), or by any public utility companies, through,
along, or upon said easements or any part thereof to serve said Lot or any other portions of the
Subdivision, and the right to maintain, repair, sell or lease such lines, utilities and appurtenances
to any municipality or other governmental agency or to any public service corporation or to any
other party is hereby expressly reserved by Declarant.
4
Section 2.8. Non-dedication to Public Uses. Nothing contained m this
Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any
part of the Common Area to or for any public use or purpose whatsoever, except that the City
will own and the P.LD. will maintain all or a portion of the Common Area (mcludIDg, but not
limited to, Taylor Bayou, detention ponds, trails and/or pedestrian bridge).
Section 2.9. Easements for Entrance Signs and Perimeter Fence. Declarant hereby
reserves easements for the benefit of itself and the Association over portions of Lots for the
purpose of erecting, maintaining and replacmg entrance signs and perimeter fence/walls for the
Subdivision. The entrance signs and perimeter fence/wall shall be a part of the Common Area
and, notwithstanding anything to the contrary contained herem, shall be maintained, repaired,
replaced or altered by the owner of said Common Area, whether the P.I.D. or the Association, at
said owner's discretion..
Section 2.10. Maintenance of Areas Within Masonry Sound Wall. Portions of Restricted
Reserve "B" in Lakes at Fairmont Greens, Section 1, according the Subdivision Plat, will be
located within a masonry sound wall along State Highway 146 and parallel to Lots 14, 15, 16,
22,23,30,31,38 and 39 of Lakes at Fairmont Greens, Section One (1). O''i~ers of said Lots are
hereby required to maintain any portion of Restricted Reserve "B" which is located within the
masonry sound wall and adjacent to the rear or side yards of their respective Lots.
ARTICLE III
RIGHTS IN THE COM:M:ON AREA
Section 3.1. Title to Common Area or Reserves. Title to the Common Areas
or Reserves are to either be vested in the P.LD. or the Association pursuant to the Subdivision
Plat. For Common Area or Reserves owned by Declarant, Declarant will convey title to the
Association prior to the completion of the first residence. Until such time as title to the Common
Area is conveyed to the Association by Declarant, Declarant shall be entitled to exercise all
rights and privileges relating to such Common Area or Reserves.
ARTICLE IV
PROTECTIVE COVENANTS
Section 4.1. Single Family Residential Use Only. No Lot shall be used for any purpose
except for single family residential purposes. This paragraph shall not be construed to prohibit
the use oflots for sales of homes in the subdivision during the construction phase.
Section 4.2. Tvpes of Structures. No structure shall be erected, altered, placed or
permitted to remain on any Lot other than one (1) detached single family dwelling not to exceed
two and one-half (2 and 1/2) stories in height, together with a private garage for not less that two
(2) nor more than four (4) standard sized automobiles, unless one bay of the garage is
constructed for the purpose of accommodating a motor home or other utility vehicle of the like.
Said structure may include: (i) a two-story design with servant's type quarter, occupied by an
5
integral part of the family occupying the main residence or by servants employed on the
premises, and (ii) permitted accessory buildings (as described in Section 4.5 herein). Garages
may be either attached or detached from the main residential structure, as may be approved by
the Architectural Control Committee. Nothing herein shall be construed to permit or allow the
use of any garage for other than, primarily, the housing of vehicles, and any enclosure of the
garage which prevents its use for such purpose is specifically prohibited. Except as provided in
Section 4.5, all buildings shall be of new construction, and no buildings shall be moved from
another location onto any Lot.
Section 4.3. Dwelling Size and Construction. No main one-story residential
structure shall be constructed on any Lot unless its living area has a minimum of one thousand,
five hundred :fifty (1,550) square feet of floor area, exclusive of porches and garages. The total
living area, exclusive of porches and garages, of the one and one-half (1-112), two (2) and two
and one-half (2-112) story residences shall not be less than two-thousand (2,000) square feet and
the ground floor areas of such one and one-half (1-112), two (2) and two and one-half (2-1/2)
story residences, including porches and garages shall not be less than one thousand, two hundred
(1,200) square feet.
All residential structures shall be constructed on a concrete slab. The surface area of the
exterior walls of all residential structures (excluding in the computation of such area, windows,
doors, and garage doors) shall consist of at least fIfty-one percent (51 %) brick, stucco, rock or a
combination of these materials, except that the Architectural Control Committee has the
. authority to approve residential construction utilizing other building materials.
All roofs of any permitted structures of whatever type shall be constructed of asphalt
composition shingles, fiberglass composition shingles, slate, tile or other type approved by the
Architectural Control Committee, Virith a life of twenty-five (25) years or better, or comparable to
minimum specifications as defined by the Federal Housing Authority and all applicable building
codes and ordinances. All types of roofing material must be approved in writing by the
Architectural Control Committee prior to installation. Minimum side to side roof pitch shall be
7:12.
Section 4.4. Temporarv Structures. No structure of a temporary character, whether
trailer, basement, tent, shack, barn or other accessory building shall be occupied, maintained or
used on any Lot at any time as a residence, or for any other purpose, ,vith. the exception of
children's playhouses and storage buildings, which may be used for the purposes commonly
attendant thereto. Provided, however, that Declarant reserves the exclusive right to erect, place
or maintain such facilities in or upon any portion of the Property as in its sole discretion it
determines may be necessary or convenient while selling Lots, selling or constructing residences
and constructing other improvements upon the Property. Such facilities may include, but are not
necessarily limited to, sales and construction offices, storage areas, model units, signs and
portable toilet facilities typically utilized by home builders.
Section 4.5. Garages. Garages must be provided for all residences and in no case
shall a carport act as or be substituted for a garage. No garage shall be built or placed on any Lot
6
unless it is approved by the Architectural Control Committee to include the placement of such
structure on the Lot. No garage shall be placed or maintained on any side or rear easement. No
garage shall be erected on a Lot prior to the construction of the main residential structure (except
as used by a Builder in the initial construction of homes); however, a garage may be erected
simultaneously along 'with the main residential structure. Provided that prior approval of the
ACC is obtaine~ two-story garages are permissible; however, the height of the garage may not
exceed the height of the main residential dwelling.
Section 4.6. Pools. The design and location of outdoor swimming pools, hot tubs, and
spas must be approved by the Architectural Control Committee and must also comply with all
applicable building codes. No a,.bove ground pools are permitted on any Lot either permanently
or temporarily. An above ground pool shall be defined as a pool which is capable of holding a
water surface twelve inches (1211) or more above the finished ground elevation of a Lot.
Section 4.7. Driveways. Sidewalks. Pathways. Patios and Decks. No sidewalk,
walkway, improved pathway, deck, patio, or driveway or other improvement shall be constructed
on any Lot unless and until the Plans and Specifications (as hereafter defined) are submitted to
and approved by the Architectural Control Committee as provided in Article V below. A
cohcrete sidewalk forty-eight (48) inches ,vide shall be constructed by the home builder parallel
to the curb, two (2) feet from the back of the curb, along entire fronts of all Lots in accordance
with the Plans and Specifications. In addition thereto, forty-eight (48) inch wide sidewalks shall
be constructed parallel to the curb along the entire side of all corner Lots.
No driveway shall be of a design and/or constructed in such a way where installation
requires the saw-through, or cut-out of the curb at driveway's intersection with curb. All
driveways and sidewalks shall be repaired and maintained at the sole cost and expense of the
Owner of the Lot to which such driveway and any such sidewalks are appurtenant, including the
portion of the driveway in the street easement. Sidewalks at any corner shall be designed to
service the handicapped. At a minimum, all the driveways shall be constructed of pavers,
concrete or patterned concrete, commencing from where the driveway intersects the front
building line for all Lots other than corner Lots, and for corner Lots from the side building line to
the point where the driveway attaches to the street. All walkways shall be constructed of pavers,
concrete, patterned concrete or such other material as may be approved by the Architectural
Control Committee.
The sidewalks and driveways shall be constructed and completed by the builder of the
residence thereon before such residence may be occupied.
Section 4.8. Location of Improvements Upon the Lot. The mlmmum setback lines
shown on the Subdivision Plat or stated in applicable ordinances are incorporated herein by
reference and are enforceable by the Declarant, the Association, and the Owners. In addition to
those minimum setback lines set forth in the Subdivision Plat or stated in the applicable
ordinance, the distances set forth in this Section 4.9 shall apply. No building shall be located on
any Lot nearer to the front line or nearer to the side street line than the miDimum building
setback line for such Lot shown on the Subdivision Plat. Notwithstanding the foregoing,
however, no building shall be located on any Lot nearer than ten feet (10') to any side street line
7
or twenty-five feet (25') to the front Lot line. No part of any residence shall be located nearer
than five feet (5') to the interior Lot line of the Lot. Detached garages will be permitted no
closer than three feet (3') to the side Lot line. For the purposes of this covenant, eaves, steps and
unroofed terraces shall not be considered as part of any building, provided, however, that this
shall not be construed to permit any portion of any building on a Lot to encroach upon another
Lot. Exceptions may be permitted under the sole discretion of the Architectural Control
Committee.
Section 4.9. Fences. Walls and Hedges. No wall, fence, planter or hedge in excess of
six feet (6') in height shall be erected or maintained on any Lot nearer to the front property line
of said Lot than the front line of the residence. No side or rear fence, wall or hedge shall be
more than six feet (6') in height. Fences abutting the golf course shall be constructed of black
ornamental iron style and shall be no more than five feet (5') in height. Side yard fences on
comer Lots shall be constructed of wood and shall be six feet (6') in height. Fences of'wire or
chain link construction are strictly prohibited. Fencing of any type must be approved by the
Architectural Control Committee prior to installation.
This paragraph shall not be construed to prohibit Declarant or the Association from
erecting or maintaining special perimeter fencing which may differ in style and height than as
described in this paragraph.
Section 4.10. Visual Obstruction at the Intersection of Public Streets. Except for
such objects or things that may be placed or planted by Declarant, no object or thing that
obstructs sight lines of the intersecting roadways shall be placed or planted on any comer lot.
Section 4.11. Antennae. No electronic antennae or device of any type other than one
antenna for receiving television signals, FM signals and or citizen's band signals shall be erected,
constructed, placed or permitted to remain on any Lots, residences thereon or other permitted
buildings constructed in the Subdivision. The foregoing restriction also applies to "dish-type"
antennae and specifically limits the diameter of such antennae to not more than one meter. The
permitted antennae may be attached to the residential structure; however, the antennae's location
shall be restricted to the rear of the roof ridge line, gable or center line of the residential structure
so as to be hidden from sight, to the extent practicable, when viewed from the front and side of
the Lot.
Section 4.12. SiQll, Advertisements, Billboards and Flagpoles. No signs, billboards,
posters or advertising devices of any kind shall be erected on any Lot without prior approval of
the Architectural Control Committee, except one sign of not more than five (5) square feet,
which sign may be used by the Declarant or the Lot Owner to advertise a Lot for sale or lease, or
to identify the entity responsible for any construction or remodeling of a structure on a Lot
during the period of actUal construction thereon. Declarant or the Association shall have the
right to remove any non-conforming sign, advertisement, billboard or structure which is placed
on a Lot, and in so doing shall not be subject to any liability or damages for trespass or other tort
in connection with or arising out of such removal. The Board of Trustees of the Association may
make rules and regulations concerning the erection of political and other types of signs as it
deems reasonable.
8
Flagpoles shall not be more than twenty feet (20') in height and are limited to one United States
Flag and/or one Texas flag per Lot. Flags and/or flagpoles must be properly maintained and in
good condition. This paragraph shall not be construed to prohibit advertisement flags at model
homes andJor sales offices during the construction phase.
Section 4.13. Mineral Operations. No oil drilling, oil development operations or
refinID.g, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor
shall any wells, tanks, tunnels, nrineral excavations or shafts be permitted upon or in any Lot.
No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon or in any Lot.
Section 4.14. Animals and Livestock. No animals, livestock, poultry, reptiles or
insects of any kind shall be raised, bred or kept on any Lot. Consistent with its use as a
residence, no more than three (3) dogs, cats and other household pets may be kept on a Lot,
provided that they are not kept, bred or maintained for any commercial purposes, but only for the
use and pleasure of the Owner of such Lot For purposes of this Section, the term "household
pets" shall mean domestic animals commonly and traditionally kept in homes as pets, and shall
not include any wild, semi-wild, or semi-domesticated animal. The Association may establish
other rules and regulations concerning animals and livestock, which rules may specifically
exclude certain animals for the Subdivision.
The Association may also establish rules and regulations which limit the number of household
pets that may be kept on a Lot, and which regulate the walking of pets and disposal of pet waste.
Section 4.15. Storage and Disposal of Garbage and Refuse: No Lot shall be used
or maintained as a dumping ground for rubbish, trash, garbage, or other waste materials and such
refuse shall not be kept except in sanitary containers constructed of metal, plastic or masonry
materials with sanitary covers or lids. Equipment for the storage or disposal of such waste
materials shall be kept in a clean and sanitary condition. Garbage, trash, rubbish, debris and
other waste matter may not be burned on any Lot or on the Common Area The Association
shall determine whether the public authority or a private garbage disposal service will be used to
dispose of garbage within the Subdivision.
No Lot shall be used for the open storage of any materials whatsoever if visible from the
street, except that new building materials used in the construction of improvements erected upon
any Lot may be placed upon such Lot at the time construction is commenced. Builders or
Owners may place or store building materials outside the property lines dlli-ing the initial
construction or remodeling phase; however, in no event shall building materials be placed or
stored on the street paving. Building materials (and the waste materials resulting from the
construction) may be maintained on a Lot for a reasonable time, so long as the construction
progresses without undue delay, until the completion of the improvements, after which time
these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.
All waste materials shall be kept in a neat manner inside the property lines and all paper trash
shall be placed in a screened container.
9
Section 4.16. Automobiles. Boats, Trailers and Other Vehicles. Except as permitted in
the next sentence of this Section 4.17., no automobile, truck, recreational vehicle, motorcycle,
trailer, golf cart, boat, marine craft, hovercraft, aircraft, machinery, or equipment of any kind,
whether with or without a motor (hereinafter referred to as nvehicles"), may be parked or stored
on any part of any Lot, easement, right-of-way, or on the Common Area, and such vehicles shall
at all times be concealed from public view inside a garage. Passenger automobiles, passenger
vans and pick-up trucks in operating condition, evidenced by current, unexpired license plates
and inspection stickers, which are in regular use as motor vehicles on the streets and highways of
the State of Texas, may be parked in the driveway on such Lot; however, all Owners and their
families shall, to the greatest extent practicable, use such garages for the garaging of vehicles
belonging to them.
No Owner or any visitor or guest of any Owner shall be permitted to park any vehicles on
Lots, or on streets of the Subdivision in excess of forty-eight (48) hours.
No Owner or any visitor or guest of any Owner shall be permitted to perform repair
work, or to assemble or disassemble automobiles or any other vehicles on Lots, in driveways, or
on streets'in the Subdivision other than work on the Owner's or resident's vehicles of a temporary
nature. For the purposes of this Section, "temporary" shall mean that the vehicle shall not remain
on Lots, in driveways, 0r on streets in excess of forty-eight (48) hours and that no compensation
is received for such work. No dirt bikes, motor scooters, ATV's "go-carts" or other similar
vehicles (with the exception of electric golf carts) shall be permitted to be operated in the
Subdivision, if, in the sole judgment of the Board of Trustees of the Association, such operation,
by reason of noise, fumes emitted, or manner of use shall constitute a nuisance or jeopardize the
safety of any Own~r, tenant or resident of any Lot, or their families. Nothing in this Section
shall be construed to prohibit the temporary parking or placement of any vehicle, machinery, or
maintenance equipment which is being used for or in connection with the construction, repair, or
maintenance of the Common Area, Lots or improvements on Lots within the Subdivision. If a
complaint is received about a violation of any part of this Section, the Board of Trustees of the
Association will be the final authority on the matter.
Section 4.17. Removal of Dirt and Trees. The digging of dirt or the removal of dirt
from any Lot is expressly prohibited, except when necessary in conjunction with construction
being done on such Lot. No tree shall be cut on any Lot that is equal to or over six inches (6") in
diameter at base of tree trunk, except to provide room for construction of buildings, or to remove
diseased, damaged, dead or unsightly trees, and except with prior written approval of the
Architectural Control Committee. Prior written approval is not necessary if the tree or dirt is
being removed for safety or emergency reasons.
Owners may not change the grade height of any Lot without the approval of the
Architectural Control Committee. Owners may change the height of the grade if, in the opinion
of the Architectural Control Committee, it will not be detrimental to the neighbors and/or the
neighborhood.
10
Section 4.18. Water and Sewage Disposal Systems. No water well or septic tank
shall be used or maintained on any Lot in the Subdivision. No water system or drainpipe for
pools, hot tubs, spas or other such improvement shall drain directly into the street.
Section 4.19. Nuisances. No noxious or offensive activity shall be carried on or
permitted in the Subdivision, nor shall anything be done therein which may be or become any
annoyance or nuisance to the Owners. Nothing shall be done or kept on any Lot or in the
Common Area or on any part thereof which would increase the rate of insurance on the Common
Area or any part thereof over what the Association, but for such activity, would pay, without the
prior written consent of the Association. Nothing shall be done or kept on any Lot or in the
Common Area or on any part thereof, which would be in violation of any statute, rule, ordinance,
regulation, permit, or other validly imposed requirement of any governmental body. No damage
to, or waste of, the Common Area or any part thereof or of the exterior of any structure located
thereon shall be committed by any Owner, tenant of any Owner, or any invitee of any Owner,
and each Owner shall indemnify and hold the Declarant, the Association, and the other Owners
harmless against all loss resulting from any such damage or waste caused by him, his tenants, or
his invitees.
Section 4.20. Lot Maintenance. The Owners or occupants of all Lots shall at all
times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner. In no
event shall an Owner use any Lot for storage of materials and equipment (except for normal
residential requirements or incidental to construction of improvements thereon as herein
permitted) or permit the accumulation of garbage, trash or rubbish of any kind thereon. The
drying of clothes in full public view is prohibited. The Owners or occupants of any Lots at the
intersection of streets or adjacent to the detention pond area where the rear yard or portion of the
Lot is visible to full public view shall construct and maintain a suitable enclosure to screen the
following from public view: yard equipment, wood piles and storage piles that are incidental to
the normal residential requirements of a typical family. All Lots owned by Declarant shall be
maintained by Declarant in accordance with the terms and provisions set forth herein.
Section 4.21. Exterior Paint Colors selected to paint the wood, trim, shutters and gutter
areas of homes and garages will be limited by the Architectural Control Committee. If the
O,vner wishes to change the color, approval by the Architectural Control Committee will be
required. Owners may change the paint used on their home if, in the opinion of the
Architectural Control Committee, the new color is compatible with both the individual home and
the neighborhood.
Section 4.22. Duty to Restore. In the event that a building is damaged or destroyed
by fire or other natural causes, the Owner shall completely restore the building to its original
condition as it existed before the damage or destruction occurred, or else the Owner must
completely remove the building and its foundation and plumbing from the Lot and return the Lot
to an attractive and safe condition. Construction activity to repair or remove said building must
be initiated within three (3) months and be completed within one (1) year of the date of such
damage or destruction. Plans and Specifications for any such construction activity shall be
submitted to the Architectural Control Committee in accordance ViTith Article V herein.
11
Section 4.23. Building Foundations. Due to the amount of fill dirt that may be placed on
any or all Lots to raise Lots to the required elevation, or in the event of unstable ground
conditions existing within the boundary of any Lot, and since Declarant will not be responsible
for soil or sub soil conditions, it is required of each Lot Owner to have their building foundations
engineered to determine what requirements, if any, that are necessary to support such building
foundations.
Section 4.24. Permitted Hours for Construction Activity. Except in an emergency or
when unusual circumstances exist (as determined by the Board of Trustees), outside construction
work or noisy interior construction work shall be permitted only during daylight hours.
Section 4.25. Remedies in the Event of Default. In the event any Owner or occupant
of any Lot fails to observe any covenant, condition or restriction contained in the Declaration, or
fails to maintain or repair the Lot and the improvements situated thereon (i) in accordance with
. the provisions of this Article IV, or (ii) in a manner satisfactory to the Board of Trustees of the
Association, and such default continues unresolved for ten (10 days after written notice thereof is
mailed to the last known address of the Owner involved (without the requirement of
certification), the Association shall have the right (but not obligation), through its agents or
employees, to repair, maintain and restore the Lot and the exterior of the residence, which
restoration may include the repair of gutter, siding, broken windows, fencing, as well as any
other needed repairs to existing improvements located on the Lot. To the extent necessary to
prevent rat infestation, ciiminish fire hazards, protect property values and accomplish any of the
above needed repairs, maintenance and restoration, the Association shall have the right, through
its agents and employees, to enter any residence or improvements located upon such Lot. The
Declarant or any employee, agent or contractor of the Association may also enter upon said Lot
and cause to be cut any such weeds and grass, or remove or cause to be removed such garbage,
trash and rubbish, or may do any other reasonable thing necessary to maintain compliance with
these restrictions so as to place said Lot in a neat, attractive, healthful and sanitary condition.
The Association may render a statement of charge to the Owner or occupant of such Lot for the
cost of such work. The Owner and occupant agree by the purchase and occupation of the Lot to
pay such statement immediately upon receipt. The cost of such work, plus interest thereon at the
maximum rate permitted under the laws of the State of Texas, shall become a part of the
Assessment payable by said Owners and payment thereof shall be secured by the lien created
pursuant to this Declaration. The Association, it agents and employees shall not be liable, and
are hereby expressly relieved from any liability, for trespass or other tort in connection with the
performance of the exterior maintenance and other work authorized herein.
Section 4.26. Mailboxes. One mailbox for each residence will initially be constructed
by the builder. Such mailboxes shall be constructed according to a design approved by the
Architectural Control Committee, shall be constructed of the same brick as the main residence,
and are to be kept in good repair by the Owner. All mailboxes shall comply with any applicable
federal, state and local laws.
Section 4.27. Lot Landscaping and Lawn Irrigation. Each Lot (or composite
building site) in the Subdivision shall have installed grass, sod, plants, shrubs in accordance \vith
a detailed Landscape Plan for the Lot. The Lfu'"ldscape Plan shall be a part of and provided with
12
the Plans and Specifications for the structure to be constructed on the Lot. Approval by the
Architectural Control Committee of and adherence to the Lot Landscape Plan is a fundamental
part offue Process described in Section 5.7., following.
13
ARTICLE V
ARCIDTECTURAL CONTROL
Section 5.1. Architectural Control Committee. The Architectural Control
Committee shall consist of tbree (3) members who shall be appointed by the Declarant, each of
whom shall serve until his successor is appointed. After such time as Declarant sells its last Lot
in the Subdivision, the Architectural Control Committee members shall be appointed by the
Board of Trustees of the Association. Any member of the Architectural Control Committee may
be removed., with or without cause, by the Declarant for so long a~Declarant owns property in
the Subdivision. When Declarant ceases to own property in the Subdivision, any member of the
Architectural Control Committee may be removed, with or without cause, by the Board of
Trustees of the Association. In the event of the death, resignation or removal of any member of
the Architectural Control Committee, the Declarant (or the Board of Trustees of the Association)
shall have the authority to designate successor member(s) to the Architectural Control
Committee. A majority of the Architectural Control Committee may designate one or more
representatives to act for it and such representative(s) shall have the full right, authority, and
power to carry out the functions of the Architectural Control Committee.
No person serving on the Architectural Control Committee shall be entitled to
compensation for services performed; however, the Architectural Control Committee may
employ one or more architects, engineers, attorneys or other consultants to assist the
Architectural Control Committee in carrying out its duties hereunder, and the Association shall
pay such consultants for services rendered to the Architectural Control Committee.
Section 5.2. Purpose. The purposes of the Architectural Control Committee are to
protect the environmental and architectural integrity of the Subdivision, to establish and preserve
a harmonious and aesthetically pleasing design, and to protect and promote the value of the Lots,
the residences thereon, and the Common Area. In order to accomplish these objectives, the
design, execution and construction of any and all improvements located or proposed to be
located on the land in the Subdivision must be subject to the control and review of the
Architectural Control Committee as provided in this Article V herein.
Section 5.3. Design Guidelines. The Architectural Control Committee shall have the
authority to promulgate design guidelines ("Design Guidelines") which shall generally consist of
requirements and standards for design, architecture, and materials. The Design Guidelines may
include requirements for technology infrastructure to be incorporated at the time of construction.
Said infrastructure requirements may include security system wiring, computer networking,
system automation and other items as the Architectural Control Committee shall see fit. The
Architectural Control Committee may from time to time publish and promulgate additional,
supplemental or revised Design Guidelines, which may be of a general or specific nature. The
Design Guidelines may establish and prescribe architectural design and construction restrictions,
limitations, standards, and guidelines pertaining to any and all aspects of design, style,
architecture, construction specifications, and construction execution. The Design Guidelines
may also, among other things, prescribe the size of homes and home interiors, exterior lighting,
14
exterior materials and the location and placement of homes and improvements thereon. The
Design Guidelines promulgated by the Architectural Control Committee, if any, will serve only
as minimum guidelines and the Architectural Control Committee shall not be bound thereby nor
prohibited from imposing additional and even more stringent requirements or guidelines from
time to time.
Section 5.4. Architectural Control Committee Approval Required. No improvement
shall be erected, placed, or constructed on any Lot, nor shall any exterior addition to or change or
alternation thereon be made, until the Plans and Specifications (as hereinafter defined) for the
same shall have been submitted to and approved in writing by the Architectural Control
Committee (i) as to harmony of exterior design and color with existing structures, (ii) as to
location with respect to topography and finished ground elevation, (iii) as to location of the
improvements upon the Lot, and (iv) as to compliance with any Design Guidelines promulgated
by the Architectural Control Committee. The Owner shall submit detailed architectural drawings
of the elevations and shall further specify, in such form and detail as the Architectural Control
Committee may reasonably require, the location upon the Lot where the improvements are to be
placed and the dimensions thereof (a plot plan), as well as appropriate information concerning
the structural, mechanical, electrical, and plumbing details, and the nature, kind, shape, height,
-' color scheme, and materials of the proposed improvements or alterations (the "Plans and
Specifications"). Builders using an exact replica of a previously approved plan need not
resubmit a full application for approval, unless differences exist between the current plan and the
previously approved plan, such as lot size or shape, etc.
Section 5.5. Remodeling, Renovation and Redecorating of Exterior Walls. No
remodeling, renovation or redecoration of any exterior wall of any building on a Lot which in
any manner changes the visual appearance of such exterior wall, including, but not limited to,
changing the color, appearance, texture or reflective character of any exterior surface, the
addition or alteration of shutters, awnings or other window coverings; or the addition of wall
applications, shall be allowed until the Remodeling Plans and Specifications describing the work
to be performed have been approved in writing by the Architectural Control Committee. No fee
will be charged by the Architectural Review Committee for review of Remodeling Plans and
Specifications; however, any fees incurred by the Architectural ControlCommittee for consulting
or other professional services used in the review of applications may be charged to the Lot
owner. Such remodeling, renovation or redecoration shall, for the purposes hereof, be deemed to
constitute an alteration of the building.
Notwithstanding the foregoing, no permission or approval shall be required to rebuild in
accordance with originally or subsequently approved Plans and Specifications. In addition,
nothing contained herein shall be construed to limit the right of an Owner to remodel the interior
of his dwelling or to paint the interior of his dwelling any color desired.
Section 5.6. Approval Required in Other Circumstances. Architectural Control
Committee approval may also be required in other circumstances as outlined in this Declaration.
Any such approvals must be obtained in accordance with the provisions of this Article V.
15
Section 5.7. Process. The Owner shall submit two (2) copies of the Plans and
Specifications and related data to the Architectural Control Committee for the review and
approval process. In addition to submitting the Plans and Specifications, a plot plan, a landscape
plan, and other information to the Architectural Control Committee for approval, specifications
for the actual building materials to be used must be submitted as part of the approval process (if
requested by the Architectural control Committee). One copy of such Plans and Specifications
so submitted shall be retained in the records of the Architectural Control Committee. The
remaining copy shall be returned to the Owner with a letter of approval or disapproval.
The Architectural Control Committee shall have the sole discretion to determine whether
the Plans and Specifications submitted for approval are acceptable to the Association.
Disapproval of Plans and Specifications may be based upon any ground which is consistent with
the objective and purposes of this Declaration, including purely aesthetic considerations. The
Architectural Control Committee also has the right to disapprove any such Plans and
Specifications submitted based upon the failure of the Plans and Specifications to comply with
any Design Guidelines set forth by the Architectural Control Committee.
Section 5.8. Review of Plans and Specifications. The Architectural Control
Committee shall, within thirty (30) days after receipt of the Plans and Specifications, advise the
submitting party of its approval or disapproval of same. In the event the Architectural Control
Committee does not advise the party submitting the Plans and Specifications by written notice
within such thirty (30) day period, then such Plans and Specifications shall be deemed to have
been denied. The aforesaid thirty (30) day period for the Architectural Control Committee's
review of the Plans and Specifications shall not commence to run until all of the described
drawings, plans, and specifications comprising the Plans and Specifications have been received
by the Architectural Control Committee in [mal form. In the event the Architectural Control
Committee shall object to or disapprove all or any portion of the Plans and Specifications, the
party submitting the same shall cause the Plans and Specifications to be modified to the extent
required by the Architectural Control Committee and shall resubmit the revised Plans and
Specifications as set forth above.
Section 5.9. Commencement of Construction. All exterior work (including all
landscaping !is shown in the Landscape Plan submitted to the Architectural Control Committee)
and interior work (including, but not limited to, all electrical outlets in place and functional, all
plumbing fixtures installed and operational, all cabinet work completed, all interior walls,
ceilings, and doors completed and covered by paint, wallpaper, paneling or the like, and all
floors covered by wood, carpet, tile or other similar floor covering) shall be completed within
twelve (12) months of the commencement thereof, unless the Architectural Control Committee
extends the time for completion for good cause shown. The Architectural Control Committee
may consider, among other things, the existence of the following circumstances in determining
whether or not good cause exists for extending the completion date: strikes, fires, national
emergencies, critical materials shortages, or other intervening forces beyond the control of the
Owner or his agent. For the purposes of this Section, construction shall be deemed to have
"commenced" when the foundation forms have been set.
16
Section 5.10. Appeal to the Board or Trustees. In the event that Plans and
Specifications concerning the remodeling, renovating, or redecorating or exterior walIs,
submitted ror approval in accordance with Section 5.5 hereor, are disapproved by the
Architectural Control Committee, the Owner shall have the right to appeal the decision to the
Board or Trustees by delivering a w-ntten notice or appeal to the manager or the i\..8sociation or
the Secretary or the Board within thirty (30) days after the date or disapproval. Procedures ror
such appeal shill be determined by the Board or Trustees.
Section 5.11. Compliance with Plans and Specifications. All buildings or other
structures built on a Lot shill be constructed in strict accordance with the approved Plans and
Specifications and ,vith al1 applicable building codes. No construction or use that is inconsistent
with, in addition to, or different from the approved Plans and Specifications shill be commenced
or permitted until Plans and Specifications reflecting such changes or additions have been
submitted to and approved by the Architectural Control Committee in accordance with this
Article. The decision of the Architectural Control Committee with respect to whether the
conStruction is in compliance with the Plans and Specifications shal1 be conclusive.
Section 5.12. Ri€ili-t to Inspect. Any member of the Board of Trustees, the
Architectural Control Committee, or their representatives shall have the right but not the
obligation during reasonable hours to enter upon and inspect any Lot with respect to which
construction is under way to determine whether or not the Plans and Specifications therefore
have been approved and are being complied with, the Architectural Control Committee shill be
entitled to enjoin further construction and to require the removal or correction or any work in
progress w~ch does not comply with the approved Plans and Specifications.
Section 5.13. No Implied Waiver or Estoppel. No action or failure to act by the
Architectural Control Committee or the Board shall constitute a waiver or estoppel with respect
to future action by the Architectural Control Committee or Board with respect to the construction
of any improvements within the Subdivision. The approval by the Architectural Control
Committee of any Plans and Specifications for any work done or proposed, or in connection with
any other matter requiring the approval and consent or the Architectural Control Committee,
shall not be deemed to constitute a waiver or any right or an estoppel to withhold approval or
consent as to any similar residential construction or any similar plans, specifications, drawings,
or other materials subsequently or additionally submitted for approval or consent.
Section 5.14. Variances. The Architectural Control Committee shall have the right,
exercisable at its discretion, to grant variances to the architectural restrictions in specific
instances where the Architectural Control Committee in good faith deems that such variance
does not adversely affect the architectural and environmental integrity of the Subdivision or the
common scheme or the development. The Architectural Control Committee may require the
submission to it of such documents and items as it shall deem appropriate in connection with its
consideration of a variance. If the Architectural Control Committee shill approve such request
for a variance, the Architectural Control Committee may evidence such approval and grant its
permission ror such variance, only by 'written instrument, addressed to the O-wner of the Lot
relative to which such variance has been requested, describing the applicable restrictive
covenants(s) and the particular variance requested, expressing the decision of the Architectural
17
Control Committee to permit the variance, describing (when applicable) the conditions on which
the variance has been approved (including, as examples but without limitation, the type of
alternative materials to be used or the alternate fence height approved), and signed by a maj ority
of the then members of the Architectural Control Committee (or by the Architectural Control
Committee's designated representative if one has been designated under the authority contained
in Section 5.1 above).
If any such variances are granted, no violation of the provisions of this Declaration shall
be deemed to have occurred with respect to the matter for which the variance is granted;
provided, however, that the granting of a variance shall not operate to waive any of the
provisions of this Declaration for any purpose except as to the particular property and particular
provisions hereof covered by the variance, nor shall the granting of any variance affect in any
way the Owner's obligation to comply with all governmental laws and regulations affecting the
Lots. Any request for a variance shall be deemed to have been disapproved for the purposes
hereof in the event of either (i) written notice of disapproval from the Architectural Control
Committee; or (ii) failure by the Architectural Control Committee to respond to the request for a
variance within thirty (30) days of such request.
In the event the Architectural Control Committee or any successor to the authority
thereof shall not then be functioning, and/or the term of the Architectural Control Committee
shall have expired and the Board of Trustees of the Association shall not have succeeded to the
authority thereof as herein provided, no variances from the covenants of this Declaration shall be
permitted, it being the intention of Declarant that no variances be available except in the
discretion of the Architectural Control Committee or the Board of Trustees of the Association in
the manner provided herein. The Architectural Control Committee shall have no authority to
approve any variance except as express.1y provided in this Declaration.
For purposes of this Section, the inability to obtain approval of any governmental agency,
the issuance of any permit, or the terms of any financing shall not be considered a hardship
warranting a variance. Likewise, the Architectural Control Committee does not have the
authority to grant variances which conflict with any applicable governmental building codes.
Section 5.15. Failure to Use Approval Process. Should any Owner or occupant
proceed with any construction, alterations or exterior changes without fIrst applying for the
written approval of the Architectural Control Committee as provided in this Article, such Owner
or occupant will be in violation of the Declaration and will be required to submit Plans and
Specifications, together with such other documents or materials as the Architectural Control
Committee deems appropriate, even after construction has commenced. The Architectural
Control Committee will have one hundred and twenty (120) days from receipt of the last of any
required documentation (submitted after commencement of construction, alteration, or exterior
changes without prior written approval) to respond by approval, disapproval, or with
modification requirements. The Association shall have the right to obtain restraining orders and
or temporary or permanent injunctions to terminate or halt construction which has not been
reviewed and approved by the Architectural Control Committee in accordance herewith. All
reasonable enforcement costs and attorney's fees incurred by the Association in connection with
the Association's exercise of the right to obtain restraining orders and or temporary or permanent
18
injunctions under this Section 5.15 shall be recoverable against the Owner in violation of this
Declaration and the provisions hereof. The Owner agrees by the purchase of a residence on a
Lot to pay all such reasonable costs of enforcement and attorney's fees immediately upon receipt
of a statement therefor. In the event of the failure to pay such statement, the amount thereof may
be added to the Assessment against such Lot and shall become a charge thereon which shall be
collectible and secured in the same manner as the Assessments provided for herein.
Section 5.16. No Liability. The approval by the Architectural Control Committee (or
Declarant, prior to appointment of the Architectural Control Committee) of any Plans and
Specifications, and any requirement by the Architectural Control Committee (or Declarant, prior
to appointment of the Architectural Control Committee) that the Plans and Specifications be
modified, shall not constitute a warranty or representation by the Architectural Control
Committee (or Declarant) of habitability, or of compliance with any other applicable building
codes or ordinances.
ARTICLE VI
LAKES AT FAIRMONT GREENS HOMEOWNERS ASSOCIATION, INC.
Section 6.1 Organization. Declarant has caused or will cause the Association to be
organized and formed as a non-profit corporation under the laws of the State of Texas. The
principal purposes of the Association are the collections, expenditure and management of the
plaintenance charge funds, enforcement of the Declaration, providing for the maintenance,
preservations and architectural control (when the powers of the Committee terminate and the
Committee's powers vest in the Association) within the Subdivision, the general overall
supervision of all of the affairs and well-being of the Subdivision and any further property
hereafter brought within its jurisdiction, and the promotion of the health, safety and welfare of
the residents within the Subdivision.
Section 6.2 Board of Trustees. The Association acts through a Board of Trustees which
manages the affairs of the Association as specified by the by-laws of the Association.
Section 6.3 Membership. Every Owner of a Lot shall be a member of the Association.
Lot ownership is the sole requirement for membership and no Owner shall have more than one
membership even though the Owner's building site may consist of more than one Lot.
Membership shall be appurtenant to and may not be separated from ownership of the land which
is subject to assessment by the Association and shall automatically pass with the title to the Lot.
Section 6.4 V otllg. The Association shall have two (2) classes of voting membership
with respect to the Subdivision covered by this Declaration:
Class A members shall be all Owners "with the exception of the Declarant and shall be
entitled to one vote for each Lot owned. If a Building Site consists of more than one Lot, the
Owner of that Building Site shall be entitled to only one vote for that Building Site. When more
than one individual or entity holds an ownership interest in a Lot, all such persons shall be
19
Members, but in no event shall they be entitled to more than one vote V\>ith respect to that
particular Lot. Holders of future interests shall not be considered as Owners for the purposes of
voting hereunder.
Class B members shall be the Declarant. Class B members shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and be converted to Class A
membership on the happening of either of the folloV\>ing events, whichever occurs earlier: (i)
when seventy five percent (75%) of the Lots are deeded to homeowners, or (ii) on January 1,
2027.
ARTICLE vn
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 7.1 Creation of the Lien and Personal Obligation for Assessments. The
Declarant, for each Lot within the subdivision which shall be or thereafter become subj ect to the
assessments hereinafter provided for, hereby covenants, and each Owner of any Lot which shall
be or thereafter become assessable, by acceptance of a Deed therefor, whether or not it shall be
expressed in the Deed or other evidence of the conveyance, is deemed to covenant and agree to
pay to the Association the following: annual assessments or charges and special assessments for
capital improvements.
Such assessments or charges are to be fixed, established and collected as hereinafter
provided. These charges and assessment, together with interest, late fees, costs of collection, and
reasonable attorney's fees shall be a charge on the land and shall be secured by a continuing
Vendor's Lien upon the Lot against which such assessments or charges are made. Each such
assessment or charge, together with such interest, late fees, costs and reasonable attorney's fees
shall also be and remain the personal obligation of the individual or individuals who owned the
particular Lot at the time the assessment or charge fell due notwithstanding any subsequent
transfer of title to such Lot. Upon a transfer of a Lot, the assessments accrued to the date of
transfer must be paid in full.
Section 7.2 Purpose of Assessments. The assessments levied by the Association shall be
used exclusively for the purpose of promoting the recreation, health, safety and welfare of the
residents of the Subdi-vision. Without limiting the foregoing, the total assessments accumulated
by the Association, insofar as the same may be sufficient, shall be applied toward the payment of
all taxes, insurance premiums and repair, maintenance and acquisition expenses incurred by the
Association, and, at the option of the Board of Trustees of the Association, for any or all of the
following purposes: lighting, improving and maintaining any Common Area; collecting and
disposing of garbage, ashes, rubbish and materials of a similar nature; employment of a
professional management service; purchase, installation, repair and maintenance of any security
equipment and entrance gates; payment of legal and all other expenses incurred in connection
with the collection, enforcement and administration of all assessments and charges and in
connection with the enforcement of this Declaration; payment for accounting services;
employing policemen or watchmen and/or a security service; fogging and furnishing other
general insecticide services; acquiring and maintaining any private amenities or recreational
facilities that are or will be operated in whole or in part for the benefit of the Owners; and doing
any other thing necessary or desirable in the opinion of the Board of Trustees of the Association
to keep and maintain the property in the Subdivision in neat and good order, or which they
20
consider of general benefit to the Owners or occupants of the Subdivision, including the
establishment and maintenance of a reserve for repair, maintenance, taxes, insurance and other
charges as specified herein. The judgment of the Board of Trustees of the Association in
establishing annual assessments, special assessments and other charges and in the expenditure of
said funds shall be final and conclusive so long as said judgment is exercised in good faith.
Section 7.3 Basis and Maximum Level of Annual BOA Assessments. Until January 1 of
the year immediately following the conveyance of the first Lot to an Owner, the initial annual
assessment shall be $150 per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to
an Owner, the annual assessment referenced above may be increased each year by an amount equal to
not more that ten percent (10%) above the previous years' assessment, without a vote of the
membership.
(b) From and after January 1 of the year immediately folloViIDg the conveyance of the first Lot to
an Owner, the annual assessment may be increased to an amount in excess often percent (10%) of the
assessment for the previous year by a vote of two-thirds (2/3) of each class of Members who are
voting in person or by proxy, at a meeting duly called for such purpose.
Section 7.4 Special Assessments for Capital Improvements. In addition to the annual
assessment authorized above, the Association may from time to time lev-y a special assessment for the
purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area, including fixtures and personal
property related thereto provided that any such assessment shall have the assent of two-thirds (2/3) of
the votes in each class of-Members who are voting in person or by proxy at a meeting duly called for
this purpose. If a Building Site consists of more than one Lot, that Building Site shall be subject to the
same amount of assessment as one single Lot.
Section 7.5 Quorum for Any Action Under Section 7.3 and 7.4 Herein. "\Vritten notice of
any meeting called for the purpose of taking any action authorized under Sections 7.3 and 7.4
shall be mailed (by U. S. first class mail) to all members no less than thirty (30) days or more
than sixty (60) days in advance of the meeting. Notice shall be deemed given on the date it is
deposited in the U.S. mail. At the first such meeting called, the presence of members or of
proxies entitled to cast a minimum of ten percent (10%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not present at any such
meeting, the meeting shall be adjourned but another meeting may be called subject to the same
notice requirements, but the required quorum at such subsequent meeting shall be one-half (1/2)
of the required quorum applicable in the case of the preceding meeting to each class of
membership. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 7.6 Rates of Assessment. All Lots shall commence to bear their applicable
maintenance fund assessment simultaneously and Lots owned by Declarant are exempt from
assessment. Lots which are occupied by residents shall be subj ect to the annual assessment
determined by the Board of Trustees in accordance ivith provisions of Sections 7.3 and 7.7
hereof. Lots which are not occupied by a resident and which are owned by a builder, or a
21
building company, shall be assessed at the rate of one-half (1/2) of the full annual assessment.
The rate of assessment for an individual Lot, within a calendar year, shall change as the character
of ownership and occupancy changes and the applicable assessment for such Lot shall be
prorated according to the applicable r-ate fbreach type of ownership and occupancy.
Section 7.7 Date of Commencement and Determination of Annual Assessment. The
annual assessments provided for herein shall commence as to all Lots on a date fixed by the
Board of Trustees of the Association. The first annual assessment shall be adjusted according to
the number of months remaining in the then current calendar year. The Board of Trustees shall
:fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of
each annual assessment period. Written notice of the annual assessment shall be mailed (by U.S.
first class mail) to every Owner subject thereto. The payment dates shall be established by the
Board of Trustees. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessments on a
specified Lot have been paid and the amount of any delinquencies. The Association shall not be
required to obtain a request for such certificate signed by the Owner, but may deliver such
. certificate to any party who, in the Association's judgment, has a legitimate reason for requesting
same.
Section 7.8 Effect of Nonpayment of Assessments. Any assessment not paid within
thirty (30) days after the due date shall bear interest from the due date at the rate often percent
(10%) per annum. If any assessment is not paid within thirty (30) days after the due date, the
Association may bring an action at law against the Owner personally obligated to pay the same,
and/or foreclose the Vendor's Lien herein retained against the Lot. Interest, late fees, costs of
collection, costs of court, and reasonable attorney's fees (when placed with an attorney for
collection, whether with or without suit) incurred in any such action shall be added to the amount
of such assessment or charge. Each such Owner, by his acceptance of a deed to a Lot, hereby
expressly vests in the Association or its representative the right and power to institute and
maintain an action against such Owner personally for the collection of such assessments and
charges as a debt and to enforce the Vendor's Lien by any methods available for the enforcement
of such liens at law and in equity. No Owner may waive or otherwise escape said Vendor's Lien
and liability for the assessments provided for herein by non-use of any Common Areas. If an
Owner abandons .or divests himself or herself of o\vuership of a Lot, he or she is still responsible
for any annual or special assessment which become due and payable during the time when such
Owner owned the Lot.
Section 7.9 Subordination of the Lien to Mortf:ages. As hereinabove provided, the title to
each Lot shall be subject to the Vendor's Lien securing the payment of all assessments and
charges due the Association, but the Vendor's Lien shall be subordinate to any valid purchase
money lien or valid lien securing the cost of construction of home improvements. Sale or
transfer of any Lot shall not affect the Vendor's Lien provided, however, the sale or transfer of
any Lot pursuant to a judicial or non-judicial foreclosure under the aforesaid superior liens shall
extinguish the Vendor's Lien securing such assessment or charge as to payments which became
due prior to such sale or transfer. No sale or transfer shall relieve such Lot or the Owner thereof
from liability for any charges or assessments thereafter becoming due or from the lien thereof.
In addition to the automatic subordination provided for hereinabove, the Association, in the
22
discretion of its Board of Trustees, may subordinate the Vendor's Lien herein retained to any
oilier mortgage; lien or encumbrance, subject to such limitations, if any, as the Board of Trustees
may determine.
Section 7.10 Exempt Property. All properties dedicated to, and accepted by, a local
public authority and all properties owned by a charitable or non-profit organization exempt from
taxation by the laws of the State of Texas shall be exempt from the assessments and charges
created herein. Notwithstanding ilie foregoing, no Lot which is used as a residence shall be
exempt from said assessments and charges.
ARTICLE VIII
ENFORCEMENT
The Association or any Owner shall have the right to enforce, by any proceeding at law
or in equity, the covenants and res1rictions contained herein. Failure of the Association or any
Owner to enforce any of the provisions herein contained shall in no event be deemed a waiver of
the right to do so thereafter. Costs and reasonable attorney's fees incurred by the Association in
any such enforcement action shall be reimbursed to it from any Owner found to be in violation of
the covenants and res1rictions, and such charge when unpaid for thirty days after being billed to
the Owner shall become a part of the lien on the property and collectable as allowed by Article
VII, Section 7.8 hereinabove. Each Owner, by his acceptance of a Deed to a Lot, hereby
expressly vests in the Association or its agent, the right and power to bring all actions against
such Owner personally for the collection of such charges. No Owner may waive or otherwise
escape liability for the charges provided for herein by non-use of the Community Properties or
abandonment of his Lot.
ARTICLE IX
GENERAL PROVISIONS
Section 9.1 Term. These covenants and res1rictions shall run with the land and shall be
binding upon all parties and all persons claiming under them for a period of forty (40) years from
the date this Declaration is recorded, after which time said covenants and restriction~ shall be
automatically extended for successive periods of ten (10) years each, unless an instrument signed
by the Owners of seventy-five percent (75%) of the Lots has been recorded agreeing to terminate
the covenants and res1rictions in whole or in part.
Section 9.2 Severability. Invalidation of anyone of these covenants and res1rictions by
judgment or other court order shall in no way affect any other provisions, wbich shall remain in
full force and effect except as to any terms and provisions which are invalidated.
Section 9.3 Gender and Grammar. The singular ,.vherever used herein shall be construed
to mean or include the plural when applicable, and the necessary grammatical changes required
23
to make the provisions hereof apply either to corporation (or other entities) or individuals, male
or female, shall in all cases be assumed as though in each case fully expressed.
Section 9.4 Titles. The titles of this Declaration contained herein are for convenience
only and shall not be used to construe, interpret, or limit the meaning of any term or provision
contained in this Declaration. .
Section 9.5 Interpretation. If this Declaration or any work, clause, sentence, paragraph or
other part thereof shall be susceptible of more than one or conflicting interpretations, then the
interpretation which is most nearly in accordance with the general purposes and objectives ofthis
Declaration shall govern.
Section 9.6 Omissions. If any punctuation, word, clause, sentence or provision necessary
to give meaning, validity or effect to any other word, clause, sentence or provision appearing in
this Declaration is omitted, then it is hereby declared that s~ch omission was unintentional and
that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
Section 9.7 Notices. Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid,
to the last known address of the person who appears as Member or Owner on the records of the
Association at the time of such mailing. -
Section 9.8 Replatting. Declarant shall have the right, but shall never be obligated, to
resubdivide into Lots, by recorded Plat or in any other lawful manner, all or any part of the
property contained within the outer boundaries of the Subdivision Plat and such Lots as replatted
shall be subject to these restrictions as if such Lots were originally included herein. Any such
replat must comply with all local and state replatting ordinances, statutes, regulations and
requirements.
Section 9.9 Amendment. This Declaration may be amended at any time by an instrument
executed by the Owners of two thirds (2/3) of"the Lots in the Subdivision.
The Declarant shall have and reserve the right at any time and from time to time, without
the joinder or consent of any other party to amend this Declaration by any instrument in writing
dilly signed, acknowledged and filed for record for the purpose of correcting any typographical
or grammatical error, ambiguity or inconsistency appearing herein, provided that such
amendment shall be consistent with and in furtherance of the general plan and scheme of
development as evidenced by the Declaration and any Supplemental Declarations taken
collectively, and shall not impair or affect the vested property rights of any Owner or his
mortgagee.
Section 9.10 Hold Harmless Agreement for Golf Course Lots. It is acknowledcred and
o
agreed that, from time to time, golf balls may be hit which leave the boundaries of the golf
course and stray onto the Lots, streets or Common Areas immediately adjacent to the golf
course, and which cause a potential danger and hazard to the Owners, residents" their families,
tenants, guests and employees, and to the real or personal property situated on the Golf Course
24
Lots, streets or Common Areas. Each Owner shall and does hereby, on behalf of such Owner,
his heirs, legal representatives, successors and assigns, release and hold harmless the City of
LaPorte, Texas, Declarant and the Association, their respective successors and assigns, from any
claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and/or damages
arising out of or related. to damages to persons or property caused by golf balls straying onto
such areas. This release shall be a condition of the purchase or sale of each of the Lots, and shall
constitute a covenant running with the land, which shall be binding upon the Owners of the Lots,
their heirs, successors and assigns, and shall inure the benefit of the City of La Porte, Texas,
Declarant and Association, their respective successors and assigns.
Section 9.11 Rules and Regulations/Architectural Guidelines. The Declarant and/or the
Board of Directors may, from time to time, in its sole discretion, promulgate, modify or delete
rules and regulations and/or Architectural Guidelines governing the use and appearance of the
subdivision, applicable to the Lots and the Common Property, so long as such rules and
regulations are not in conflict with any of the restrictions contained herein. Such rules and
regulations and/or Architectural Guidelines shall be binding upon all Owners and occupants.
Any rules and regulations and/or Architectural Guidelines promulgated by the Board of Directors
shall not be binding on Declarant or to any property owned by it, and shall not be applied in any
manner which would prohibit or restrict the development of the Subdivision, or the sale of
residences by Declarant.
65 La Porte, Ltd., a Texas Limited Partnership
THE STATE OF TEXAS
9
COUNTY OF HARRIS
9
j<
. This instrument was acknowledged before me on this the 7-.[)Th day of NO\A?n"-nef.,
20..Ql, by Joe Fogarty, President ofNEHC Properties, Inc., General Partner of 65 La Porte, Ltd., a
Texas Limi1ed Partnership, on behalf of said par1nersbip~ ; i . I .. ': .
- 1IJt:t~ /1 /ztfClllU
NOTARY ijfufjtC 4ft' AiID FOR
THE ST~1E O! TEXA.s
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(Stamp lor Print Nake of Notary)
TBACY J.l.APERRIEFlE
MY COMMISSION EXPIR;;~
September 2.7, 2008
25
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( C I TY CONSTRUCT PEDESTRIAN
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II LA PORTE
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REMOVE [XISlING CHAIN r[NCE
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ERECT NEW 4,' ORNAMENTAL mON nrNCC:
THIS E)lfIlDIT IS ron IllUSlAATlON
ponPIJSES ONLY HIE ACTUAL SPI.IT
or PHEBE LINES, I.OT 917.1 AND
LAYOUT rOR EIIOIl pHA~E Is SUPJKOT
Tel AO,lusTMENT AT TUE TIME EAOH
PItASE 18 'CIlEOl/LltO FOn DEVELOPMENT,
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DEVELOPMENT
EXHIBIT G
uorUBen I, U01
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CITY OF
LA PORTE
BAY FOREST
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~ STATE I-IWY 146
" I il:C' I I I I I I ' I I -0 I
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LAKES AT FAIRMONT GREENS
DEVELOPMENT
EXHIBIT G
(
FUTURE
POND
PO:]
CITY OF
LA PORTE
BAY FOREST
GOLF COURSE
CONSTRUCT
PIIItTIA!. flOND
'I
I CONNECTOR
.1:"'-
I' "'-REMOVE [)"STINO CHAIN f"~NCE:
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LAKES AT FAIRMONT GREENS
DEVELOPMENT
EXHIBIT G
CONSTRUCT
TURN LANE
IMPROVEMENT
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POAPUSES ON.V THE ACTUAl. SPLIT
OF PI , LOT SlilE me
lAYOUT 011 PHAIE 19 SUDJF.O'f
TO AOJ AT TlfE TI~E EAOH
PHASF. 10 SOHEDULlD FOR DEVELOPMENT.
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LAKES AT FAIRMONT GREENS
DEVELOPMENT
EXHIBIT G
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CONSTRUCT
PEDESTRIAN
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TO SH 146
NOTE:
REMOVE ffXISTING
CHAIN fENCE
ALONG GOLF COURSE
ERECT 4' NEW ORNAMENTAL
IRON FENCE
CONSTRUCT
PEDESTRIAN
CONNECTOR
TO LITTLE CEDAR
BAYOU PARI<
EVALUATE
ALTERNATE
TO Bth STREET
ACCESS
'THIS EXHIBIT IS rOR ILLUSTRIITION
ponpus~s OMLY TH~ ^CTU^~ OPI.IT
Of PHESE WN;;S, LO", mZE liMO
LAYOY\' YOR tADI'l PtIA9~ IS slmJf.01
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McCABE
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LAKES AT FAIRMONT GREENS
DEVELOPMENT
EXHIBIT G
CITY OF
PORTE
FOREST
COURSE
LA
BAY
GOLF
REMOVE EXISTING CHAIN FENCE
ALONG GOLF COURSE ERECT
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OF PHESE UNES, LOT SflE AND
LAYOUT FOR EACf.' PHASE IS sua,mCT
TO ADJUSTMENT AT THE TIME EACH
PHASE IS SCHEDULED FOR DEVELOPMENT.
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LAYOUT FOR EACH PHASE IS SUBJECT
TO ADJUSTMENT M THE TIME EACH
I'l PHASE IS SCHEDULED FOR DEVELOPMENT.
OaTURI!" t, roor
LAI<ES AT FAIRMONT GREENS
r t__-----SRIDGE DEVELOPMENT
~ E)(HIBITG
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I. JULlEN~ I~AMSEY, REGISTERED PROFESSiONAL LAND SURVEYOR NO. 4379,
DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THE RESULTS OF AN OFFICE
SURVEY MADE UNDER MY SUPRVISJON ON MARCH 13, 2007. AND THAT
ALL L1NE~, BOUI~DARIES AND LA.NDMARI<S ARE ACCURATELY DESCRIBED
HI:REON. I
WITNESS MY HAND AND SEAL AT BAYTOWN, TEXAS, TI-IIS THE 13TH DAY OF
MARCI'I, Af D., 2007. .'
l,/J ~/""6rtinL) "R 62-;1'1'10~1/
f.$~E ~AMSEY c.J
BtGISTER[D PROFESSIONAL LAND SURVEYOR NO. 4379
I
AL=110.07'
DA=Ql"lJ'!'04.-
9.075 ACRES
TRACT THREE
f. CARRiIlGTON W\':EUS
m
65 LA PORTE. llO
APhll. 3. 20U)
t;:CF ,W5860aO
~
N
QUIT -CLAIU DEEO
60...35 ACRES
TRACT UI
J. E. COOK, El Al
TO
CITY Of lA PORTE
OcT06fR 10, 19B5
OFflCI^iC~u~trg t~E~OROS
or REAL PROPERlY
IlAR~IS CQUHT'f. "lUCA5
W1LLIAM P. HARRIS
ABSTRACT .NO.
20.11 so ACRES
TRACT fOLIA
f. CARRING lOll W\':EUS
TO.
65 LA POftTE. UD
APhll 3, 1M3
eef IWS660BO
OFfiCIAL PUBtlC RECORQS
OF' A(Al PROPERTY
B"hAIS CQll/'H't. T[)(J,5
S'
~
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m
~
b
ld
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o '1-
no
Ul
NOTE 1: BEARINGS ARE BASED ON DEED BEARINGS AND fOUND
MONUMENTS IN mE NORIH liNE Of THAT CERTAllj TRACT Of lNID,
~EII-IG 3.00 ACRES CONVEYED BY SHAWN IBRAHIN, INC. TO 65 LA
PORTE. L.TD BY DEED DATED OCTOBER 22. 2004 AND RECORDED
UNDER HARRIS COUNTY ClERI('S m.E NO. '1'022502 OF THE
OfFICIAL PUEjtlC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS; AND 'n lOSE CERTAiN 16.B56 ACRES AND 5.754 ACRES
(TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS,. ET AL, TO 65 lA PORTE, LTD, BY DEED DATED NOVEMBER
12. 2002 AND RECORDED UNDER HARR!S COUNTY CLERK'S filE
NO. W225685 OF THE OFfiCIAL PUBI.IC RECORDS Of REAL PROPERTY
OF HARRIS COUNTY, TEXAS.
NOTE 2: REFERENCE is MADE TO THE METES AND BOUI~OS
DESCRIPTION Of EVEN DATE ACCOMPANYING THIS PLAT.
McCABE .ROAD
(80 FEET WIDE ROW)
BHA-HUTCHISON &: ASSOCIATES
Et~GI~IEERS SURVEYORS
1209 DECI<ER DRIVE, BA YTOWN, TEXAS
281/422-8213
SCALE:
SURVEY
30
",91.! ACRES
1ft ACT F'1\IE:
F. CARAII"OYON \.IJfE'US
TO
6S LA PORTE. L10
APRIL 1. 2003
CGF i'~~660BO
OfflCI^L PlJBUC: REC~DS
of Re".L PhOPER T'i
Il...RRIS couurv, TEXAS
SO .90 0 ,90 SO
~___r~4
SCAL.!?: fiNCH 60
1"
20 '
JOB I~O.: 0629548
DRWN-NAME; HCFCD.DWG
CHECI<ED BY:
AJR
DRAWN BY:
AR
~~-=------.,,------ - .
STATE OF TEXAS)
COUNTY OF HARRIS)
DESCRIPTION of a3.9252 acre tract ofland situated in the William P. Harris Smvey, Abstract 30l
Hanis County, Texas and being all of that same land (110.00 reet wide drainage easement)
conveyed to Harris County Flood Control District by deed reoorded in Volume 6642 at
Page 439 of the Deed Records of Harris County, Texas. Tills 3.9252 acre tract ofland is more
particularly described by the foUowing metes and bounds, to-wit:
NOTE: BEARINGS ARE BASED ON DEED BEARWGS MlD FOUND MONlJl\1ENTS :IN
THE NORTH LJNE OF THAT CERTA.IN TRACT OF LAND, BEING 3.00 ACRES
CONVEYED BY SHAWN IBRAIDN, INC. TO 65 LAPORTE, LTD BY DEED DATED
OCTOBER 22, 2004 iillD RECORDED UNDER HARRlS COUNTY CLEKR'S FILE NO.
6022502 OF THE OFFICIAL PUBLIC RECORDS OF RKAL PROPERTY OF HARRIS
COUNTY, TEXAS; AN"}) THOSE CERTAJN 16.856 ACRES AND 5.754 ACRES (TRACTS
ONE Al\iD TWO, RESPECTIVELY) AS CONVEYED BYBENF. 'WEEMS, ET AL, TO 65 LA
PORTE, LTD, BY DEED DATED NOVEMBER 12,2002 AND RECORDED ~1)ER HARRIS
COUNTY CLERK'S FILE NO. V1225686 OF THE OFFICiAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRlS COUNTY, TEXAS. REFERENCE IS MADE TO THE PLAT OF
EVEN DATE ACCOMJliiNYJNG TIllS METES AND BOUNDS DESCRIPTION.
BEGJNNmG at a point for the Southeast comer of a 20.1190 ac:retract (Tract Four), conveyed by
F. Carrington Weems to 65 La Porte, L TD, by deed dated April 3, 2003 and recorded in County
Clerk's FileNo. W566080 of the Official Public Records or Real Property of Harris County, Texas,
and in the North right-of-way line of McCabe Road (80 feet Viride right-of-way) for the
Soifiliernmost Southwest comer and POJNT OF BEGINNING of this tract
THENCE: North 00041 '22" West along a West line oftbis tract and an East line of said 20.1190
acre tract for a distance of269.87 feet to a point for an angle comer of this tract.
THENCE: North 35035'44" West along a West line of this tract and an East line ofsaid.20.1190 .
acre tract for a distance of 651.97 feet to a point for an angle comer of this tract.
THENCE: North 70017'17" West along a West line of this tract and an East line of said 20.1190
acre tract for a d~stance of562.61 feet to a point for the NortheIIirnost Southwest comer of this
tract, ill the East right of way line of State HWY 146 (right of way varies). Said point being the
BEGINNING POThIT ora curve to the left, concave Westerly.
THENCE: l~Jong and around said curve to the ieft, in a Northerly direction, along the West line of
tbis tract and the East right-af-way line of said State Highway 146, said curve haVing a central
angle orOl 004'04", a radius of5906.03 feet and a chord bearing and distance of Nor-ill 19021 '35"
East 110.07 feet, for an arc length of 110.07 feet to a point forme Northwest corneroftbis tract
and the Southwest comer of a 9.075 acre tract (Tract Three), conveyed by F. Carrington Weems to
65 La Porte, LID, by deed dated April 3,2003 and recorded in County Clerk's File No. W566080
of the Official Public Records of Real Property of Harris County, Texas.
PAGE NO. 2-3.9252 ACRES
TIIENCE~ South 70017'17" East along an East line oftbis tract and the Westernmost South line of
said 9.075 acre tract for ,a distance of 597.64 feet to a point fonm.-angle comer. of this tract.
THENCE: South 35035'44" East along an East line oftbis tract .andthe Westernmost South line of
said 9.075 acretr.act and the West line ofa 60.35 acre tract (quit-claim deed- Tract III), conveyed
by J. E. Cook, et.a1, to City of La Port by deed dated October 10, 1986 and recorded in County
Clerk's File No. K784741 ofthe Official Public Records of Real Property of Harris County, Texas,
for a distance of720.91 feet to a point for an angle comer oftbis tract, the Southwest comer of said
60.35 acre tract, and the Northwest comer ofa 4.973 acre tract (Tract Five), conveyed by F.
. Carrington Weems to 65 LaPorte, LTD, by deed datedApri13, 2003 and recorded in County
Clerk's File No. W566080 of the Official Public Records of Real Property of Harris County, Texas.
THENCE: South 00041 '22" East along an East line of this tract and the West line of said 4.973
acre tract for a distance of306.10 feet to a point in the North right-of-way line of said McCabe
Road for the Southeast comer of this tract, and the Southwest comer of said 4.973 acre tract.
'11IENCE: North 89049'45" West along the South line of this tract and the North right-of-way line
of said McCabe Road for a distance of 110.01 feet to the PLACE OF BEGINNING and containing
within these boundaries 3.9252 acres oflancL
S1JRVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify that the
foregoing field notes were prepared from an office survey made, under my supervision, in March of
" . 2007 and.thata1:11ines, boundaries and-landmarks are-accurately described ther-eia .-.- - -.. -.- n -
W1TNESS my hand and seal at BayLOwn, Texas, this the 13th day of March, A. D., 2007.
L1t~ 71. ,
J@I~e Ramsey ~
Registered Professional Land Surveyor No. 4379
hcfcd.fdn. doc
EX-tIIBIT "I"
DEVELOPMENT AGREEMENT
Ihis Development Agreement (this "Agreement") IS made as ofD.eC. 1\ ,2006, by and
between the CITY OF LA PORTE, a municipal corporation and a home-rule city in the State of
Texas (the "City."), and 65 LA PORTE, LTD., a Texas limited company (the "Developer")
RECITALS
WHEREAS, in accordance with the provisions. of Chapter 372, TEX.. LOCAL GOV'T
CODE, and Resolution ~t~ the City Council of the City of La Porte created the Public
Improvement District Number One (the "PID") pursuant to the petition for creation from the
owner thereof; and
WHEREAS, the City Council of the City has determined that it is in the bests interest of
the City and the land within the PID to finance the construction of certain PID Improvements
(defined below) and that an assessment against the benefited property within the PID should be
made; and
WHEREAS, the Develope.r is an owner of certain property within the PID described in
Exhibit A, and wishes to finance and construct certain PID projects; and
WHEREAS, the Developer intends to assist the City in the financing and construction of
the PID Improvements, in exchange fOT" the City's agreement to reimburse the Developer in
accordance ~rith the terms of this Agreement; now, therefore,
AGREEMENI
For and in consideration of the mutual promises, covenants, obligations, and benefits of
this Agreement, the Developer contract and agree as follows:
ARTICLE 1
GENERAL TERMS
1..01 Definitions. The terms "Agreement," '.City," "Developer," "PID," and '.PID
Agl'eemenf" have the meanings set forth in the preamble hereof; and the following capitalized
terms shall have the meanings provided below, unless otherwise defined or the context clear:ly
requn.es othelwise. For purposes of this Agreement the words "shall" and "will" are mandatory,
and the word "may" is pelmissive..
Act shall mean the Public Improvement DisiJ:ict Assessment Act, Chapter 372, TEx.,
LOCAL GOv'I CODE, as amended.
Assessments shall mean assessments levied and collected in connection with the PID
pursuant to the Act and the Plan, and deposited by the City into a Pill Revenue Fund
Developer Advances shall mean any funds advanced by the Developer pursuant to
Section 5.01, and shall include any D."1terest payable thereon.,
Net Assessments shaH mea.n the annual deposits of the Assessments into the PID Revenue
Fund, less amounts reasonably requll'ed or anticipated to be required for the administration and
operation of t.~e PID in carrY1..ng out its responsibilities hereunder, including a reasonable
operating reserve.
Parties or Party shall mean the City, and the Developer as parties to this Agreement.
PID Improvements shall mean the improvements described in Article 3 hereof.
PID Revenue Fund shall mean the special fund established by the City and funded with
payments made to the City pursuant to the PID.
Plan shall mean the final Service and Assessment Plan for the PID as approved by City
Council in accordance with the Act.
Project shall mean the residential development within the PID pr~jected to be carried out
by the Developer described on Exhibit A.
102 Singular and ulura1:: gender.. Words used herein in the singular, where the context
so permits, also include the plural and vice versa.. The definitions of words in the singular' herein
also apply to such words when used in the plural where the context so permits and vice versa.
Likewise, any masculine references shall include the feminine, and vice versa.
ARTICLE 2
REPRESENTATIONS
2.01 Renresentatlons of the Citv. The City hereby represents that:
a. The City is duly authorized and is qualified to do business in the State of
Texas and is duly qualified to do business wherever necessary to carryon the operations
contemplated by this Agreement
b. The City has the power', authority and legal right to enter into and perform
its obligations set forth in this Agreement, and the execution, delivery and performance hereof;
(i) have been dilly authorized, (n) will not, to the best of its knowledge, violate any judgment,
ordeI~ law or regulation applicable to the City, and (iii) does not constitute a default under or
result in the creation of; any lien, charge, encumbrance or security interest upon any assets of the
City under any agreement or instrument to which the City is a party or by which the City or its
assets may be bound or affected.
c. This Agreement has been dcly authorized, executed and delivered and
constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its
terms.
LaPorte _pm _Development Agreement
2
2,02. Representations of the Developer.. The Developer hereby represents that:
a The Developer is duly auth01ized, created and existing under the laws of
the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do
business wherever necessary to carry on the operations contemplated by tbis Agreement
b.. The Developer has the power, authority and legal right to enter into and
perform its obligations set forth in this Agreement, and the execution., delivery and perfOImance
hereof, (i) have been duly authorized, (ii) will not, to the best of its knowledge, violate any
judgment, order, law or regulation applicable to the Developi;~r or any provisions of the
Developer's organizational documents, and (iii) does not constitute a default under or result in
the cr'eation of, any lien, charge, encumbrance OI security interest upon any assets of the
Developer under any agreement or instrument to which the Developer is a party or by which the
Developer or its assets may be bound or affected..
c, The Developer has sufficient capital to perform its obligations under this
Agreement.
d. This Agreement has been duly authorized, executed and delivered and
constitutes a legal, valid an.d binding obligation of the Developer~ enforceable in accordance with
its terms..
ARTICLE 3
THE PLAN AND PID IMPROVEMENTS
3..D1 The PID Improvements. The PID Improvements are intended to enhance the
proposed implementation of a development within the PID constituting the Pmject, as more fully
described in the Plan..
3..02 PID Improvements description. The PID Improvements consist of acquisition,
construction and development of the public improvements within the portion of the PID
comprising the Project, as more fully described in Exhibit B, and as described in the Plan., The
PID Improvements will be developed pursuant to a schedule consistent with the pace of
development of the Project that is mutually agreeable to the Parties. The PID Improvements shall
include all engineering, legal and other' consultant fees and expenses related to such PID
Improvements..
.3 .03 General terms of the Plan. The Plan has not yet been adopted by the City.. The
Parties anticipate that the Plan, at a minimum, will include the PID Improvements described
above to serve the land withi..'"l the PID, and such other' facilities as may be agreed upon by the
Parties, and that the Assessments shall be assessed in phases to affect only the portions of the
PID directly benefited by the PID improvements to be nnanced by each Assessment The
assessments shall be based upon the agreed-upon percentage of estimated costs of the Public
Improvements as reflected in Exhibit B, plus those related costs as deemed reimbUTsable by the
City..
laPorte_pm _Deve1opmerll Agreement
3
3.04. Additional Pwiects. This Agreement' does not apply to any projects not
specifically included in the Plan and defined herein ul"1less this Agreement is amended to provide
for the design and construction of such additional projects..
ARTICLE 4
DUTIES AND RESPONSIBILITIES OF THE DE\i""ELOPER
401 Construction mana~er. The Developer agrees to construct the Pill Improvements
and to provide and furnish, or cause to be pI'Ovided and fuInished, all materials and seIvices as
and when required in connection with the construction of the PID Improvements.. The Developer
will obtain all necessary permits and apprDvals ii-om the City and all ot.\er governmental officials
and agencies having jmisdiction, provide supervision of all phases of construction of the PID
Improvements, provide periodic reports of such construction to the City upon request, and cause
the construction to be perfOImed in accordance with the Plan.
4.02 DesiQIl of the PID Improvements. The Developer shan prepare or cause to be
prepared the plans and specifications for the PID Improvements. Prior to the commencement of
construction or implementation of the PID Improvements, the plans and specifications must be
approved by the City. The PID Improvements shaH be designed in accordance with City
standards applicable to similcn public imprDvements vvitbin the City
4..03 Construction contracts. The Developer shall prepare the PID Improvements
construction contract documents to ensure that the contract documents ar'e in accordance 'with 1he
approved plans and specifications. The Developer shall comply with all laws and regulations
regarding the bidding and construction of public improvements applicable to similar facilities
constructed by the City, including without limitation any applicable requhement relating to
payment, perfmma..11ce and maintenance bonds..
4..04. Construction and implementation ofthe Pill Improvements.. The Developer shall
be responsible for the inspection and supervision of the construction and implementation of the
Pill Improvements
a. The Developer shall commence construction of the PID Impmvernentsin
a timely fashion to coincide 'With the expected development of the Project.
b.. Upon completion of a contract for the construction of the PID
Improvements, the Developer shall provide the City with a final summary of ail costs associated
with such contract, and show that all amounts owing to contractors and subcontractors have been
paid in full evidenced by customary affidavits executed by such contractors.. Following
completion of a construction contract, the Developer will call for inspection of the applicable
PID Improvements by the City, and upon approval thereof as being in compliance with City
standards relating thereto, the PID Improvements will be conveyed to the City, subject only to
the right to leimbursement for Developer Advances with respect thereto.
ARTICLE 5
PROJECT FINANCING AND FUNDING
laPorte]ID _Development Agreement
4
5,01. The Developer Advances"
a, In connection with tbe construction of the PID Improvements the
Developer has determined are requited to by constructed to serve the Project, the Developer
agrees to provide sufficient funds as such hecome due for all costs thereof (the "Developer
Advances"), such as costs of design, engineering, materials, labor, construction, and inspection
fees arising in connection with the PID Improvements, including all payments arising under any
contracts entered into pursuant to this Agreement, all costs incurred in connection with obtaining
govennnental approvals, certificates or permits required as a paIt of any contracts entered into in
accordance with this Agreement, and all related legal fees and out-of.pocket expenses incUIT'ed
on behalf of the City in connection therewith, Developer Advances shall further include any
amounts advanced by the Developer in connection with the administration of the PID and the
design and construction of the PID Improvements.
b., Interest on ~ach Developer Adva.Tlce shall accrue at a seven percent (7%)
annual rate, compounded annually, whether such costs, fees, or expenses are paid or incurred
before or after' the effective date of this Agreement. Interest shall be calculated on the basis ofa
year of 360 days and the actual days elapsed (including the first day but excluding the last day)
oecuning in the period for which such interest is payable, unless such calculation would result in
a usurious rate, in which case inter'est shall be calculated on the per annum basis of a year of 365
or 366 days, as applicable, and the actual days elapsed (including the first day but excluding the
last day).
5.,02. Repayment of Developer' Advances"
a, In consideration of the development and construction of the PID
Improvements, the City shall begin repaying the Developer Advances, and shall conti.'llue sucb
repayment until repaid in full, on the earliest date that funds are available from the following
source, and solely from such source:
(i) the Net Assessments, subject to the limitations set. forth ill
subsection (c).
b, the City shall reimburse the Developer for Developer Advances, plus
interest, from Net Assessments from the Project accumulated in the Pill Revenue Fund available
in accordance with the priorities described in Section 5.0.3, below,
c At such time as funds are available to pay all or any portion of the
Developer Advances made hereunder, the City shall hire a certiiied public accountant at the
Developer's expense to calculate the amount due the Developer and prepare and submit a report
to the City certifying (1) the amonnt due the Developer for the Developer Advances being repaid
with interest calculated there~:m, and (2) that funds are available to make such payment. Such
report shall be approved at the earliest practicable time, but not later than 90 days after
submission by the Developer of the records required therefor, The City shall make payment to
the Developer within 30 days of approval of the auditor's report,
LaPorte]ID _DeveloilJD,ent Agreement
5
5.03. Priorities.. Amounts deposited in the PID Revenue Fund shall be applied in the
following order of priority (i) administrative and operating costs of the PID, (ii) payments to the
Developer pUIsuant to Section 5.02, above.
ARTICLE 6
DEFAULT
601. Default.
a. If the City does not perform its obligations hereunder in substantial
compliance with this Agt'eement, in addition to the other rights given the Developer under this
Agreement, the Developer may enforce specific performance of this Agreement or seek actual
damages incuned by the Developer for any such default.
b. If the Developer fails to commence or complete the PID Impmvements or
the Pr~ject in accordance with the terms of this Agreement, including the failure to fund
Developer Advances, the City may terminate this Agreement with respect to its obligations to the
Developer arid shall be relieved of any obligation to IeimbUIse the Developer for any Developer
Advances made after notice of such default has been proVided to the Developer; in wIiting or
seek actual damages incurred for any such default.
c., The PaIty alleging default shall pmvide written notice to the other paIty of
such default, and the defaulting party shall have 60 days to remedy the derault prior to the
declaration of any default hereunder.
ARTICLE 7
GENERAL
7..01. Inspections, audits.. The Developer agrees to keep such operating records with
respect to the Pill Improvements and other activities contemplated by this Agreement and all
costs associated therewith as may be required by the City, or by State and federal law or
regulation.. The Developer shall allow the City access to, and the City shall have a right at all
reasonable times to audit, all documents and records in the Developer's possession, custody or
control relating to the PID Improvements that the City deems necesSaIY to assist the City in
determining the Developer's compliance with this Agreement
7.02 Developer oDerations and emplovees, All personnel supplied or used by the
Developer in the peIformance of this Agreement shall be deemed contractors or subcontractors
of the Developer and will not be considered employees, agents, contractors or subcontractors of
the City for any purpose whatsoever.. The Developer shall be solely responsible for the
compensation of all such contr'actors and subcontractors.
7.03 Personal liability of public officials, legal relations, To the extent permitted by
State law, no director, officer, employee or agent of the City shall be personally responsible for
LaPorte_ PID _Development Ag,e=ent
6
any liability arising under or growing out of the Agreement THE PARTIES SHALL INDEMNIFY AND
SAVE HARMLESS EA.CH OTHER AND THEIR RESPECTIVE OFFICERS. REPRESFNIAIlVES. AND AGENTS
FROM ALL SUIT'S. ACTIONS, OR CU>JMS OF A."NY CHARACTER BROUGHT FOR OR ON ACCOUNT OF ANY
iNJURIES OR DAMAGES RECEIVED BY ANY PERSON. PERSONS. OR PROPERTY RESULTING FROM THE
NEGLIGENT ACTS OF SUCH PARTY. OR ANY OF ITS AGENTS. OFFICERS. OR REPRESENTATIVES IN
PERFORMiNG .A....'NY OF THE SERVICES AND ACTMlIES UNDER THIS AGREEMENT.
7.04 Notices., Any notice sent under this Agreement (except as otherwise expressly
requiJ:ed) shall be WIitten and mailed, or sent by electronic or facsimile transmission confirmed
by mailing written confirmation at substantially the same time as such electronic or facsimile
transmission, or personally delivered to an officer of the receiving party at the following
addresses:
City of La Porte
c/o City Manager
P..O. Box 1115
La Porte, Texas 77572-1115
Pill Contract Administrator
Hawes Hill Calderon, LLP
P..O. Box 22167
Houston, Texas 77092
Attn: Scott Bean
MI'.. Joe Fogarty
65 La Porte Ltd
340 N. Sam Houston Parkway East, #100
Houston; Texas 77060
Each party may change its address by WIitten notice in accordance with this section.. Any
communication addressed and mailed in accordance 'With this section shall be deemed to be
given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed
to be given when receipt of such tr'ansmission is acknowledged, and any communication so
delivered in person shall be deemed to be given when receipted for by, or actually received by
the Authority, or the Developer, as the case may be.
7.05 Amendments and waivers.. Any provision of this Agreement may be amended 01'
waived if such amendment or waiver is in writing &."1d is signed by the City and the Developer.
No course of dealing on the part of the Parties, nor any failure or delay by one or more of the
Parties, with respect to exercising any right, power or privilege under this Agreement shall
operate as a waiver thereof~ except as otherwise pro-vided in this section..
7.06 Invalidity" In the event that any of the provisions contained in this Agreement
shall be held unenforceable in any respect, such unenforceability shall not affect any otheI'
provision of this Agreement"
LaPorte]ID _Development J\greement
7
7.07 Successors and assigns. All covenants and agreements contained by or on behalf
of a Party in this Agreement shall bind its successors and assigns and shall inUI'e to the benefit of
the other Pmties, their successors and assigns., The Parties may assign their lights and obligations
under this Agreement or any interest herein, only 'Witb. the prior written consent of the other
Parties, and any assignment without such prior mitten consent, including an assignment by
operation oflaw, is void and of no effect; provided that, the Developer may make an assigrnnent
to a successor developer of the Land if such assignee specifically assumes all of tb.e obligations
of the Developer hereunder or may make a collateral assignment in favor of a lender without
consent. This section shall not be construed to prevent the Developer from selling lots, parcels
or other portions of the Land in the no:rmal course of business. If such assignment of the
obligations by 1i1.e Developer hereunder is effective, the Developer shall be deemed released
from such obligations If any assigmnent of the obligations by the Developer hereunder is
deemed ineffective or invalid, the Developer shall remain liable hereunder.
7.08 Exhibits: titles of articles, sections and subsections.. The exhibits attached to this
Agreement are incorporated herein and shall be considered a part of this Agreement for the
purposes stated herein, except that in the event of any conflict between any of the pIOvisions of
such exhibits and the provisions of this Agreement, the provisions of this Agreement shall
prevail.. All titles or headings are only for the convenience of the parties and shall not be
consnued to have any effect or meaning as to the agreement between the parties hereto.. Any
reference herein to a section or subsection shall be considered a reference to such section or
subsection of this Agreement unless otherwise stated. Any reference herein to an exmbit shall be
considered a reference to the applicable exhibit attached he!eto unless othe!wise stated.
}..09 Construction. Tpis Agreement is a contract made under and shall be construed in
accordance with and governed by the laws of the United States of America and the State of
Texas, as such laws al'e now in effect.
7.10 Entire AQreement. lIDS W"RIIIEN AGREEMENI REPRESENIS lHE FINAL
AGREEMENI BETWEEN IRE PARTIES AND M..<\.Y NOr BE CONIR....4DICIED BY EVIDENCE OF PRIOR..
CONTEMPORANEOUS. OR SUBSEQUENT OR-<\L AGREEMENTS OF THE PARTIES.. THERE ARE NO
UNWRIIIEN ORAL AGREEMENI'S BElWEEN lHE PARlIES.
7.11 Term. TIris Agreement shall be in force and effect frnm the date of execution
hereof fot' a term expiIing on the date that the Developer Advances have been repaid in full, or
January 1 of the year following the date the last assessment payment has been made in
accordance with the PID Service and Assessment Plan and Assessment RolI(s).
7..12 Time ofthe essence. Time is of the essence with respect to the obligations oft1),e
Parties to this Agreement..
7.13 Approval by the Parties.. Whenever this Agreement requires or permits approval
or consent to be hereafter given by any of the parties, the parties agr'ee that such approval or
consent shall not be unreasonably conditioned, withheld or delayed.
7.. 14 Countemarts. This Agreement may be executed in multiple counterparts, each of
LaPorte_pm _Development Agreement
8
which when so executed and delivered shall be deemed an original, but such counterparts
together shall constitute but one and the same ii"1strument
7..15 Legal costs. Ifany Party hereto is the prevailing party in any legal proceedings
against another Party brought under or with relation to this Agreement, such prevailing Party
shall additionally be entitled to recover comt costs and reasonable attorneys' fees from the non-
prevailing Party to such proceedings.
7..16 Further assurances.. Each Party hereby agrees that it will take all actions and
execute all documents necessary to fully carry out the pUIposes and intent of this Agreement..
[EXECUTION PAGE FOLLOWS]
LaPorte][D _Development Agreement 9
IN \VITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed as of , 2006.
LaPorte _PID _Development Agreement 10
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l2I'o,-te]ID _ Developmem Agreement
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Exhibit B
The PID Improvements
Project I EStimated Cost PID Reimbursement (35%)
Site Preparation $479,886 $167,960
Water lines $452,352 $158,323
Sanitary Sewer $963,157 $337,105
Storm Sewer $1,557,746 $545,211
NPDESfErosi()n Control ] $274,771 $96,170
Contingencies. (15%) $559,187 . $195,715
Engineering (15%) $643,G65 I $225,073
PID Creation Costs $30,000 $30,000 (100%)
TOTAL $4,960,164 $1,755,557
laPorte_PID _D5velc>pment Agr=t
12
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