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HomeMy WebLinkAbout93-IDA-5193-IDA-51 5/24/99 BAYSHORE INDUSTRIAL, INC (ORD # 98-2259) ORDINANCE NO. 98-2259 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC., WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1999, AND ENDING DECEMBER 31, 2009. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby finds, determines and declares that BAYSHORE INDUSTRIAL, INC. has executed an industrial district agreement with the City of La Porte for the term commencing January 1, 1999, and ending December 31, 2009, a copy of proposed industrial district agreement being attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, and the City Secretary of the City of La Porte, Texas, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof, a copy of which is attached hereto. Section 3. The City Council officially finds, determines, recites, and declares 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. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 9 0 ORDINANCE NO. 98-2259 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of May, 1999. CITY OF LA PORTE N man L. Malone Mayor ATTEST: Ma4tha A. Gillett City Secretary APPRO % r Knox W. Askins City Attorney 0 NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS. STATE OF TEXAS { { COPY COUNTY OF HARRIS { { CITY OF LA PORTE { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and BAYSHORE INDUSTRIAL, INC., a Texas corporation, hereinafter called "COMPANY", W I T N E S S E T H• WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS! Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to -wit: Six tracts of land, as described on Exhibit "A" attached hereto. This agreement shall be subject to the additional restrictions contained in Exhibit "B" attached hereto. upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinances No. 1789 and No. 98-2258, designating a portion of the area located in its extraterritorial jurisdiction as the "South La Porte Industrial District", hereinafter called "District", such Ordinances being in compliance with Section 42.044, Texas Local Government Code; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with e.� b other as follows: I. A. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be disannexed from the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that said land shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City and not subject to the Agreement. B. Company agrees that it will not, during the term of this Agreement, use or seek legislative or regulatory approval to use, nor allow any other person to use or seek legislative or regulatory approval to use, any portion of the tract(s) of land described above as any part of a commercial hazardous waste management facility, as defined in Chapter 296, Acts of the 72nd Legislature (1991). Company further agrees that it will, within thirty days after execution of this Agreement, place a deed restriction on the tract(s) of land described above prohibiting the use of any portion of such tract(s) as any part of a commercial hazardous waste management facility. Company hereby agrees that in any suit by City for breach of any provision of this paragraph, City may seek and, should it prevail it shall be entitled to, specific performance of this provision of this paragraph. II. A. On or before April 15, 1999, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2009, Company shall provide City with a written description of its land and all improvements and tangible personal property located on the land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1 and 2 of subsection D, of this Paragraph II (sometimes collectively called the "Property"). A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 1999, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2009, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. (a) One Hundred percent (100%) of the amount of ad valorem taxes which would be payable to City if all of the Company's land and improvements which existed on January 1, 1999, had been within the corporate limits of City and appraised each year by City's independent appraiser; and (b) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the Company's land and improvements which are added after January 1, 1999, had been within the corporate limits of City and appraised each year by City's independent appraiser; and 2. (a) One Hundred percent (100%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the land, which existed on January 1, 1999, had been within the corporate limits of City and appraised each year by the City's independent appraiser; (b) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, 3 0 • inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the land, which are added after January 1, 1999, had been within the corporate limits of City and appraised each year by the City's independent appraiser. III. This Agreement shall extend for a period beginning on the 1st day of January, 1999, and continue thereafter until December 31, 2009, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by Section 42.044, Texas Local Government Code; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before June 30, 2009, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement, and in such event Company agrees that if the Texas Municipal Act, as amended after January 1, 1980, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to the Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed on January 1, 1980. IV. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Councils to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District Agreement upon request of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. V. Company agrees to pay all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by the City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to determination 4 • 0 of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition, assessments, Harris County Appraisal District review and appeal procedures, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Article VI hereof. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding any such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due by Company to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company on or before March 31 of each year during the term of this Agreement, with both the City and Harris County Appraisal District for that year. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City .(which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on 5 or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding, in accordance with the rules and regulations of the American Arbitration Association. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject to judicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and, with prior written consent of City, which consent shall not be unreasonably withheld, shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. A IX. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. X. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. A� - m ENTERED INTO effective the J4ifi day of B , JaAyf. ATTEST: 'A a 44& () - WJ-W At tha A. Gillett City Secretary AP P V BY COUNS K ox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (713) 471-1886 Fax: (713) 471-2047 By: BAYSHORE INDUSTRIAL, INC. S.E: Barkmann General Manager 1300 McCabe Road La Porte, Texas 77571 OF LA PORTE By: -^- orman L. alone Mayor By: GAS T. �ke� Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 7 0 • A tract at peter] of Lind containing 4A69 cots, mom of ks% oat of the W. P. I ln"is Survey, Abstract Noe 30, in Danis CbMV, Tcurrs, whd 4,069 , bring more particularly dc9ch'lxdd by ntdes and bmmc% as Mows; A tract of IRM out of the W. P. tbZtis Sm-ey, Absomi. 30, Moil D�%My, Tes, :grid tract being out of two pwmb of kmd cmveH to vh ReBf y Wes Company, one of such Lq b4vrg a 62512-eete V*d described to the DOA recorded In Volume 4499. rage 2M, of the Deed Redords of Hanna County, Texas, to which teft"Ce i.4 bete me& im aD ptrrpo®a9, and the mcgo i 0" tying a 52.4-ecm Mb-, t demn'bed in that Deed temrtW In VQhMtd 4499, FAgn 156, of the Bred Recotdg of Harris (�detnty, Texas, to which tbfrmce is hem made for all ParpOSes, eyed the trod conveyed herein being mare Pavkulwly described aq follows: Nginning at a tmrs-inch lrm pipe marking the satrthwest cotnrr of the see 62,512-acre off, said cu"mt being in the coat tight-af-way of the OTf & SA R.ailrvad; T> li?NCB N. 7° 1 e' 32" W. with said ease right -of way, at 502,83 feet Mss a three-inch Iran pipe feu t}x- northwest comer of the -mid 62.512 acre-bld and the a011thwea comer of the 52.4-acre tract, in 0,604.92 feet to an hm wd fet the northwest carrier of the hnct being described; 'I RENCB S. 890 59' 45" 1? M86 feet to sn iron rod fdr the northeast corner of the ' -rct being do mTibed; TitENCR S. 10" 44' S8' W. 610.69 fctt to an Iran trA for the suutheaat comer of the I1t3Ct br-Ing described, said eomet being in the south line of the said 62.512-nem tract; THENCE N. 89" 59' 45" W. with said line a d vance of 2M.0 feet to the place of beguining and containing 4.069 acres of land. EXHIBIT "A" Ordinance No. 98-2259 EXHIBIT "A" INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC. All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P. Barris Survey, A-30, Barris County, Texas: BEGINNING AT THE intersection of the south right-of-way line of McCabe Road and the west right-of-way line of State Highway 146; THENCE in a southerly direction coincident with the west right-of-way line State Highway 146 to its intersection with the north boundary of the former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre tract; THENCE northerly and westerly coincident with the eastern and northern boundaries of the former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre tract to its intersection with the east right- of-way of the GAL & S.A. Railroad; THENCE northerly coincident with the east right-of-way line of G.H. & S.A. Railroad to its intersection with the westerly projection of the south right-of-way of McCabe Road; THENCE easterly along the south right-of-way line of McCabe Road to the POINT OF BEGINNING, said tract being 32.9112 acres. Said 32.9112 acres being more particularly described in Exhibit "A", Tract 1, Tract 2, and Tract 3 Bayshore Industrial, Inc. • 0 EXHIBIT "A" TRACT 1 DAYS11ORE INI)Ils'l'nim., INc. Being 14.6253 acres of land out of the C.F. McCabe 20 acre tract In the W.P. Ilarrls Survey, Abstract No. 30, Ilarrls County, Texas, said tract being described as follower Bearings are based on t4orL•h 074 35' 20" West- as per record description. BEGIN11I11G at• a point on Lhe Westerly right• -of -way line of re-.locaL•ed State 111gllway No. 146, where same Intersects Lire Soulli riglit7Of-way line of McCabe Road (00 feet• wide) said point being marked by a 4 x 4 concrete right-of-way marker (Lop now broken off) for Lite Northeast- corner of the herein described Lracll 'PIIENCE South 23" 40' 36" West, wlLh the Westerly line of said State Illghway 146, a dlst•ance of 507.27 feet• t•o a 4 x 4 concrete right-of- way marker for corner, said point• being Lite NorLbeast corner of a called 18.4205 acre tract now or formerly owned by Lllo Carla Company, et• all 'I'IILNCE South 00' 23' 39" West•, along the North 1lr►e of said 10.4205 acre tract and generally along a fence (as shown on survey map) at 250.40 feet• passing Lite center line of Ilarrie County Flood Control Casement No. A104-09-00, at 710.25 feet• and 0.32 feet South passing a 2 Inch pipe, at .1009.00 feet- passing a .1/2 Inch Iron pipe on lint: and continuing in all 1040.61 feet t•o an lron "'I"' rail fence post• set• In concrete (found broken off level with the ground and leaning - reset) for corner, said point being in L•he East• right• -of -way line of Lite Southern Pacific Railroad 100 foot• right-of-way (based on the center .line location of tracts)l '111LNCE North 07° 35' 20" West, along the East .line of said railroad, 530.60 feet to a 5/0 Inch Iron rod eel for corner from whlch'a 3/4 Inch Iron pipe Is found 1.60 feet South and 1.30 feet• Last-, said point• being in Lhe SouLh line of said McCabe Roadl 'i'IIENCL llorLh 00' 35' 30" East, along Lire South Line of McCabe Road and generally parallel t•o and 1.00 feet• NorLh of a fence at 31.07 Feel• and 2.50 feet• SouLh passing a 3/4 Inch Iron pipe at 703.10 feel• passing the center .line of said drain easement- and continuing In all 1347.57 feel t•o L-lie PI.AC0 OF BEGINNING and containing wiL•1►ln L•liese calls 14.6253 acres of laird. EXHIBIT "A" TRACT 2 nhysimm Ildl)l19'TRTAL, 111C. Uelnll it 0.1300 acre trnct of 11111J .lucnCud lu I:Itu 11. I'. Ilnrrla Survey, A-30. llnrrl.a County, '1'axaal unJd 0.13011 ecru Cr11CL of land bu111B out of Lhnt curtnlu IR.42115 ecru tract of Lund conveyed by Ilnutu 011111:ra 'Iavaucmaa[ Cuuyurlly to It. 1'. Curter; 'I'rusluo and bulnll I:ha uocend trncL nu man1:11n1ad In this duud of record flled undur Ilarrla County Clcrlcla I.*llu lit). I.1117660. Thu 0.13011 ecru {:rnct of land la more pnrLlculurly doscrlbed by mutuu and 1-111kdu au fulluttul Bclllnnlnll ac a ulatal, goat la concrotti, found for Lien Ilorththtat corner of tlla huroln daucrlbad trnctl 011111 110111L be1nB colnc)dunt ullh the Litstgrly boundury line of of the 0.11. 6 O.A.H.lt. Cnitlylony 100 fet:t ulllu rIBltt-of -t,Iry and bulnB the SnnLIMUHL cnrnar of 1:1111t cuitoln 14.45 ecru trace t)f lend l'uroturly ounud by C. F. IlcCube. col '1'honcu, 11 011' 231 3911 I?l nclJun[ WithLltu tioucll buundnry Jilin of rho rlfureunl4 111.45 acre trace. o[.;lnudi it dlatunco Of 50.00 fact to a 1/2 Inch Iron red ant: fur the Ilurthuuuc corner of Chu huruln dudcrlltad Lrnet of 11k1ld. t'h�:ucu, 9 9' "1 211" Nl it dlutanco of 2U(I.(II) f.uut to it 1/2 Jnr.lt Iron rod auL fur the 9nrtLhut)ut rumor af_tlllu 0.13011 ecru tract of land. i'honct:, 11 7' 35.1 20" Ili cnlncldant %ALl% the I:naterly r1.BhL-of-tluy 11110 of Lhu nfuraunld 0.11. 6 li.A.11.11. and the Ueutorly boundury Lino of t1w oforaanld 111.4_tll'i ur.ru Lt.ucti n .11ul:urtco of 197.55 f.,uL Let Lltu I'0111'i' Oil III") [I'll' 0 2t121 Pe-, (41t1�•'lt S 11110 > TEXAS REGISTERED1'lllll.l(: SUItV1:Y01t Ilo. 2I121 0A'I'f t N0V1:11111:11 1 2, 1 9111 .1011 1111. 1436-01 0 0 EXHIBIT "A" 'r 1l A C'r 3 BAY9110RB I11DU13'1'RIAf,, I11C. cla 114ti I it. 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Lilt, Itimco: nr liuttlrnllr,It ar.11 I:,:•t.Lair,lr,t{ la -a w :,I- l Id1+Ef. -1Wool+ t. 17.11. •uUu1114. 11 s, 141. rl Mly,,.r 1,11"11�1 e.l MU IXt.t+r,l7Ill l.t.l1 II•Ip Ou..411 W.y,,lI fM11, 111 Ut11t 1111 tY 11." 111E SIY All �[' 7EknSl f.UlJlll UI JAIIIIIS 1 hellUr fill, 11.11 thisInlllun•tnl r11 111in'n lilt IIulowl S'IIII-WO 0" Ih6,�,lt +n•1 1 IlN hn10 1111111„n htrt nl br nit; Y„1 �.' lluIl 11(1'11111111I. nl 1nt 616ud 11.66t Iittu+nr of At of ►,oMrt,,,� Ilrnq (oun11. Itt/t un MAY ;11JJU EXHIBIT "B" INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAYSHORE INDUSTRIAL, INC. Company agrees that it will not, during the term of this Agreement, use the tract(s) of land described in Exhibit "A" to this Agreement, for any purpose other than the purpose for which said tract(s) of land are being used on the date of execution hereof, which is a blending, mixing and plastics processing operation. Company's raw materials are plastic pellets from major American producers and mostly food grade additives that are mixed into the plastic. The final products by downstream producers are films, wire coatings, insulation, and moldings for many applications including household appliances and automotive uses. The waste generated by Company shall consist principally of paper bags, corrugated craft and wooden palettes, plus some scrap plastic. All plant waste that is not recycled shall be disposed of in an approved sanitary landfill. City shall not be obligated to dispose of Company's waste. Company shall not dispose of any matter on the tracts of land described on Exhibit "A", by any method, including, but not limited to, incineration, toxic emissions, disposal wells, burying, or any other form of disposal. Company further agrees that it will, during the term of this Agreement, keep and maintain a "greenbelt" of trees and other vegetation, in a minimum fifty foot strip of land, described as follows: 1) A minimum fifty foot "greenbelt" alone Company's property line abutting the State Highway 146 right-of-way; 2) A minimum fifty foot "greenbelt" alone Company's pro erty line abutting McCabe Road, and extending from the State Highway 146 right-of-way, approximately 650 feet east; and 3) A minimum fifty foot "greenbelt" along Company's south property line, except for that portion of Company's south property line required for rail track ingress and egress. Company shall retain the right to create reasonable openings in such "greenbelts", for ingress and egress to its property. i ORDINANCE NO. 1790 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC., WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1992, AND ENDING DECEMBER 31, 1998. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby finds, determines and declares that BAYSHORE INDUSTRIAL, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1992, and ending December 31, 1998, a copy of proposed industrial district agreement being attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, and the City Secretary of the City of La Porte, Texas, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof, a copy of which is attached hereto. Section 2. The City Council officially finds, determines, recites and declares 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of October, 1991. ATTEST: Cherie Black, City Secretary ROVED: Knox W. Askins, City Attorney CITY OF LA PORTE BY rman L. Mal ne, Mayor NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS STATE OF TEXAS § § COUNTY OF HARRIS § § CITY OF LA PORTE § INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and BAYSHORE INDUSTRIAL, INC., a corporation, hereinafter called "COMPANY", WI T N E S S E T H: That WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries, therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to -wit: TRACT 1, 2, and 3, as described on Exhibit "A" attached hereto. This agreement shall be subject to the additional restrictions contained in Exhibit "B" attached hereto. -2- upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. , designating a portion of the area located in its extraterritorial jurisdiction as the "South La Porte Industrial District," hereinafter called "District," such Ordinance being in compliance with Section 42.044 of the Texas Local Government Code; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. A. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be disannexed from the corporate limits of City, shall be immune from annexation by City during the term hereof -3- (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that said land shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any proceeding authorized by the Texas Water Code, the Texas Clean Air Act, or the Texas Health & Safety Code to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City and not subject to the Agreement. B. Company agrees that it will not, during the term of this Agreement, use or seek legislative or regulatory approval to use, nor allow any other person to use or seek legislative or regulatory approval to use, any portion of the tract(s) of land described above as any part of a commercial hazardous waste management facility, as defined in Chapter 296, Acts of the 72nd Texas Legislature (1991). Company further agrees that it will, within thirty days after execution of this Agreement, place a deed restriction on the tract(s) of land described above prohibiting the use of any portion of such tract(s) as any part of a commercial hazardous waste management facility. Company hereby agrees that in any suit by City for breach of any provision of this paragraph, City may seek and, should it prevail it shall be entitled to, specific performance of this provision of this paragraph. II. Company agrees to render to City and pay full City ad valorem taxes in the form of "in lieu of taxes" payments, on its land and improvements, and tangible personal property, as fully as if said land, improvements, and tangible personal property were annexed to City. -4- This Agreement shall extend for a period beginning on the lst day of January, 1992, and continue thereafter until December 31, 1998, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by Section 42.044, Texas Local Government Code; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before June 30, 1998, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement, and in such event Company agrees that if the Texas Municipal Act, as amended after January 1, 1980, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to the Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1980. IV. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Councils to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District Agreement upon request of Company or its assigns; provided, however, -5- that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. V. Company agrees to pay all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to determination of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition, assessments, Harris County Appraisal District review and appeal procedures, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Article VI hereof. VI. (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due by Company to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company on or before March 31 of each year during the term of this Agreement, with both the City and the Harris County Appraisal District for that year. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of -6- competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. (B) Should Company disagree with any appraisal made by the independent appraiser selected by City (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph (1) of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. (1) A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 • -7- days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who (as the "Impartial Arbitrator") shall preside over the arbitration proceeding, in accordance with the rules and regulations of the American Arbitration Association. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject to judicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the City, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and, with the prior written consent of City, which consent shall not be unreasonably withheld, shall remain in force in the event Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. WE IX. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. X. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. ENTERED INTO this �day of January 1, 1992. ATTEST: yla 4// ec r eT ary APPROVED BY COUNSEL: DRI LL &A,�LACEY By: /�'/ Arlen M. Driscoll Attorney for Company 1100 Louisiana Street Suite 5000 Houston, TX 77002 Telephone: (713) 951-9000 ATTEST: Cherie Black, City Secretary OC70, 1991, effective , Presiaen 1300 McCabe Road P.O. Box 785 La Porte, Texas 77572-0785 CITY 0. LA PORTE BY rman Malone, Mayor BY: Q�C9 �` T Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 • It -9- APP,RPVED BY COUNSEL: KNOX W. ASKINS City Attorney 702 W. Fairmont Parkway P.O. Box 1218 La Porte, TX 77572-1218 Telephone: (713) 471-1886 sLVC • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW \ 702 W. FAIRMONT PARKWAY P.O. BOX 12I8 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER, JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION March 19, 1998 Mr. Ed Bou onais, President Bayshor ndustrial, Inc. 1300 Cabe Road La rte, TX 77571 Dear Mr. Bourbonais: T sf.��1�1' I TE ECOPIEM[Mrr471-2047 I represent the City of La Porte. I have had discussions in recent months with your former President, Mr. Roy Cabler, Jr., concerning the renewal of the Industrial District Agreement between your firm and the City of La Porte, which expires on December 31, 1998. The City of La Porte proposes to renew this Agreement for an additional seven year term, commencing January 1, 1999. In order to prepare the extension documents, I would appreciate your advising me of any changes in real estate ownership by the corporation, either purchases or sales. If there have been additional real estate acquisitions, please furnish me with a photocopy of the recorded deed. Thank you for your cooperation in this matter. Y turs7ery ru y Knox W. Askins City Attorney City of La Porte KWA:sw cc: Robert T. Herrera Xty Manager City of La Porte Mr. Jeff Litchfield Assistant City Manager /Director of Finance City of La Porte aBRYSHBRE ir y-ft ct tA --Eg t 8— 1.1 1 November 28, 1997 Knox W. Askins City Attorney City of LaPorte Dear Knox, 0 �� c-e-- 44 1300 McCabe Road LaPorte,Texas 77571 Fax:281-471-8712 Phone: 281-471-8397 Thanks for the reminder letter regarding the renewal of the Industrial District Agreement. I am no longer the "action" man for this particular item but will pass your letter along to the current Bayshore President. As we are now an operating division of ICO, Inc. I'm sure that ICO's legal department as well as our local management will be working with you to get all the details together for a renewal of agreement. KVice ;ideni , ICO cc: Ed Bourbonais, President Bayshore Steve Hickman, Engineering Vice President David Gerst, Vice President Admin. & General Counsel 0 E EXHIBIT "A" INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC. All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P. Harris Survey, A-30, Harris County, Texas: BEGINNING AT THE intersection of the south right-of-way line of McCabe Road and the west right-of-way line of State Highway 146; THENCE in a southerly direction coincident with the west right-of-way line State Highway 146 to its intersection with the north boundary of the former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre tract; THENCE northerly and westerly coincident with the eastern and northern boundaries of the former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre tract to its intersection with the east right- of-way of the G.H.& S.A. Railroad; THENCE northerly coincident with the east right-of-way line of G.H. & S.A. Railroad to its intersection with the westerly projection of the south right-of-way of McCabe Road; THENCE easterly along the south right-of-way line of McCabe Road to the POINT OF BEGINNING, said tract being 32.9112 acres. Said 32.9112 acres being more particularly described in Exhibit "A", Tract 1, Tract 2, and Tract 3 Bayshore Industrial, Inc. 0 EXHIBIT "A" TRACT 1 BAYSHORE INDUSTRIAL, INC. Being 14.6253 acres of land out of the C.F. McCabe 20 acre tract in the W.P. liarris Survey, Abstract No. 30, Harris County, Texas, said tract being described as follows: Bearings are based on North 071 35' 20" West- as per record description. BEGINNING at a point on the Westerly righL-of-way line of re-locaL-ed State Highway No. 146, where same intersects the South right-of-way line of McCabe Road (00 feet wide) said point being marked by a 4 x 9 concrete right-of-way marker (top now broken off) for the Northeast- corner of the herein described Lractj THENCE South 230 40' 36" West-, with the Westerly line of said State Highway 146, a distance of 507.27 feet to a 4 x 4 concrete right-of- way marker for corner, said point being Lite Northeast corner of a called 18.4285 acre tract now or formerly owned by Lite Carla Company, et all 'i'iIENCE South 000 23' 39" West, along the North line of said 18.4285 acre tract and generally along a fence (as shown on survey map) at 250.40 feet- passing the center line of Harris County Flood Control Easement No. A.109-09-00, at 710.25 feet- and 0.32 feet South passing a 2 inch pipe, at 1009.00 feet passing a 1/2 inch iron pipe on lint: and continuing in all 1040.61 feel: to an iron "'I" rail fence post set in concrete (found broken off level with the ground and leaning - reset) for corner, said point being In the Bast right-of-way line of the Southern Pacific Railroad 100 foot right-of-way (based on the center line location of. tracts)I 1111ENCE North 07' 35' 20" West, along Lite East line of said railroad, 530.60 feet- to a 5/0 inch Iron rod set for corner from which a 3/4 Inch iron pipe is found 1.60 feet South and 1.30 feet- East-, said point being in the South line of said McCabe Roadi THENCE North 000 35' 30" East-, along Lhe South line of McCabe Road and generally parallel to and 1.00 feet North of a fence at 31.07 feel- and 2.50 feet- South passing a 3/4 inch Iron pipe at 703.10 feet - passing the center .line of said drain easement- and continuing in all 1347.57 feet to the PLACE OF BEGINNING and containing within these calls 14.6253 acres of land. EXHIBIT "A" '1'llACT 2 BAYSIIORL INDUSTRIAL, INC. 1leing a 0.1300 ucre LrncC of 11111d locuCed JI► Chu U, 11. 11urria Survey, A-30, Harris CounCy, 'faxes) uuld 0.1300 ucre Lrc►CL of lend hull►i; out of LI,uL CerL',IIII 10.4205 ucre Crud of l.eu►d conveyed by Iluuli: t)I/,IerS 1lrvcsl:Illenr Company Lo W. 1'. '1'ruSCCe uud l,ci1g, Lht, seCuud CrucL ire mc:nCluur d 1n L'llu dee CnrLer.d of record f1.lall under Ilnrris CaLift Cy CIerI('8 1'11L. llu. 1:017660. The 0.1300 I►cra LrncL of land is more I)ureiculnrly described by uruLe8 and Uutuudlr au folluNui pa(sinninll lit: a ut/:l:ul. I)ouL In cunt:rc:Li:, found for OWIlorLIrwuaL corner of Ole IIL-rl:in described CrucL; uu.ld I►ol.nC be11I(, r.ollrc 1dunL ►JIL the LusCi rly I,oundury line of of C11L. C,11. & S.A.R.R. L'uul(Irltry 1()0 fueL Ulde 1710IL-of.-vjuy and bul.nh L'he SuuCh►�uuC r ul' ChuC LurLuln 111.115 ucro L1 ICL of Lund [ol:11'rly u►tnud earne by C. F. NLCtlbe' lit)" of ':"a 'l'h�ncc, 11 0t1° 231 39" 1';,i col.ncldunL r�1cl► Lhu tiouCh buundnry aforesaid 111.115 here Lraaf` af.'lundi a d1sC,urCu of SO.UU feel Co a l/2 inch iron ru,l Itut: for Lila Ilurl:llsuuL corrlsr of thu hur21111.duac00 eib".cluL LUI,1/2u1ncI1111ro,1 rod'l'huuce, S 9° 1(1' 2ll" lei a dl,tc,ulce of lil tit:L for Lilll JOIIt (1NLUl c:Urner (If _ Clllu 0. 13llll I,L'r,: l:rlteL Of rl.!,h c-Of-N(lY lllle Y'hunct:, N 7° 3V 20" I.11 L0111cidt:nl w1L1► Lhe t.naCerlY b of cl►u aforesaid 0.11. 6 :i.A.11.11. and OIL' Nese!rly buuutlr,t•y line of Chi uforeauLl III.ct210 ucr'u l:rneCi it dluCuucu (if 197.55 fuu-L t.0 Olu 1Mil'I' 01 III:C[IJIIlIIC. ...:.............. .. o ; 2021 _O ?`��SUI /AHES F . HIM( '1'1.XAS la'(115'1'LRED PUBLIC SUIIVI Y01( 11(). 2021 DATE', IIUVI.PIHI.11 12, 1')01 1(lU 11U. 11,36-U1 EX111BIT "A" ,r 11 A c,r 3 BAYS11ORE INDUSTRIAL, INC- - Ill. I itckleL�l .:. I I I .'.k r I c I . 1, 1.:, 1 1 L. I C. I ' I (:! E-3 �� 1 1:1 e 1 1-111 .;x fit: 4 1411 Of I L 12 act en ixfli Ill.:41,0 F-1 LI k-Ve- Y', It -I f vj ti (A 4t I'- L j C' U I a r_1Y I)y EW EtE-6114141146 4%1; tat 'I I rot:'I) toy 'ri col-Ov.-roUlB I- i lit the I;h" n annd in ChO WPSL"�"-ly LIIL- rt, 1j'-.' I I L 11 -ie o I` U va L ro Lk 1: CH ii, 1'eel; rich by L I C, ri the t I I E' L 1114 , I il"r? . "0 L LI-W! T1 IENCE S. ,toll with L L it i i L C.—, I I u- G 1; jj L I-j I y h L F —%,I 4tY j I'la 11 Y i r,474 I by I A & k' i fill I; I it fWat I I's IILL. li'a%Li L La I, I Y Ill-DI'll.li'll-ril; For V at rl. 0 69 f _-- I THENCE, 14--z-I'Ll) j tL L it I- iC go ou, Ofa 13 n 0 L anCO �1 .75 i's I f.... ti e I; F F Y IJkO H_ Lilt- - L —:0 l'—wety i alrid 14-:Wth 07 Cl i-e (I I't 1 L R C i7i E L u Y i ro I' c., F is Et 11 G. 4:B. rich p i p e rilJl►it i L ziric-11 h h 1; P_ o• I! L Y rill U161 L L I it iA C: k at r, t2 e th L T I If: 1\1 I' 14-DI-M O'i) -ji-L F,:-I- Lilt:! L L ►L I l r 11'-! C, F iA L a% 1 it ti L (12"t 1 od tic! (I rlaut:i r 11. 11: 1:.- il i L 11 L I I La L "'M Win il' C till dL C L Arid L j of salid ICI. j 1; I'ale►rll. . :# -,:.. I' 11; Lk I r Lk 1; 11 ri" f� e L U10 It iik (---(= 0 F 1) it two i -;I ('ad Ill -WO C' I - I eiiEi. AMI J`WMAII Illll I III hit &31 jqj I A k- I I IjIj It, I A' MIN. L41 oil I oil 1111 011 :At I I P Al'y nhll'A" "I'll III(144 A 01IJA-1 QINW4 IQ L�01"M'W' I At I I WAAd i1W. If IE S TA I E ()f* 1EXAS COUN IV 01 . IIAIIIIIS I 111:11uy (41111) 11111 IAn IN111111111till 0(hi Mill) Ill lilt ItuillivI SC(O'ClCcC"u011)1f 1).t1jid Al, lilt 6NlCu1cptu.tj ilisciOtA,l byi lPillto: fyklDuns v ulOU1111. IC441 till MAY "1 1990 EXHIBIT "B" INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAYSHORE INDUSTRIAL, INC. Company agrees that it will not, during the term of this Agreement, use the tract(s) of land described in Exhibit "A" to this Agreement, for any purpose other than the purpose for which said tract(s) of land are being used on the date of execution hereof, which is a blending, mixing and plastics processing operation. Company's raw materials are plastic pellets from major American producers and mostly food grade additives that are mixed into the plastic. The final products by downstream producers are films, wire coatings, insulation, and moldings for many applications including household appliances and automotive uses. The waste generated by Company shall consist principally of paper bags, corrugated craft and wooden palettes, plus some scrap plastic. All plant waste that is not recycled shall be disposed of in an approved sanitary landfill. City shall not be obligated to dispose of Company's waste. Company shall not dispose of any matter on the tracts of land described on Exhibit "A", by any method, including, but not limited to, incineration, toxic emissions, disposal wells, burying, or any other form of disposal. Company further agrees that it will, during the term of this Agreement, keep and maintain a "greenbelt" of trees and other vegetation, in a minimum fifty foot strip of land, described as follows: 1) A minimum fifty foot "greenbelt" along Company's property line abutting the State Highway 146 right-of-way; 2) A minimum fifty foot "greenbelt" along Company's property line abutting McCabe Road, and extending from the State Highway 146 right-of-way, approximately 650 feet east; and 3) A minimum fifty foot "greenbelt" along Company's south property line, except for that portion of Company's south property line required for rail track ingress and egress. Company shall retain the right to create reasonable openings in such "greenbelts", for ingress and egress to its property.