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HomeMy WebLinkAbout98-IDA-52 e City of La Porte Established 1892 April 4, 2001 Dana Tank Container, Inc. Attn: Ron Dana, President 210 Essex Avenue Avenel, NJ 07001 Re: Industrial District Agreement (IDA) Series 2001-2007 Dear Mr. Dana: On February 16, the City forwarded a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte. These documents were returned along with the cover letter warranting Exhibit "A" as correct. The duplicate original Industrial District Agreement was intended for your files. I am returning the duplicate original of the Industrial District Agreement between your firm and the City of La Porte. I have also enclosed a certified copy of the City's approval ordinance. ohn Joem Assistant ity Manager P,O, !3ox 1115 '" La Porte, Texas 77572-1115 ", (281) 471-5020 e e City of La Porte Established 1892 April 4, 2001 Baker Petro lite Corporation Attn: Gerald E. Martin 13200 Bay Park Road Pasadena, Texas 77507 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Martin: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1,2001, for the term expiring December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your firm, please do not hesitate to call. . Respectfully, CK~ \1 \-\~ Robert T. Herrera City Manager Enclosures P.O, Box 1115 .. La Porte, Texas 77572-1115 " (281) 471-5020 e e City of La Porte Established 1892 April 4, 2001 Turbo Storage Service Company Attn: Russell Coleman P.O. Box 1645 La Porte, Texas 77572-1645 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Coleman: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1,2001, for the term expiring December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your firm, please do not hesitate to call. Respectfully, G~ T ~~ Robert T. Herrera City Manager Enclosures 1'.0, Box 1115 " La Porte, Texas 77572-1115 .. (281) 471-5020 e e City of La Porte Established 1892 April 4, 2001 Kaver LP Attn: Russell Coleman P.O. Box 1645 La Porte, Texas 77572-1645 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Coleman: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1, 2001, for the term expiring December 31, 2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank: you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your firm, please do not hesitate to call. Respectfully, G~ ~ ~~ Robert T. Herrera City Manager Enclosures p.o. Box 1115 0 La Porte! Texas 77572-1115 " (281) 471-5020 ~ e e City of La Porte Established 1892 April 4, 2001 Air Liquide America Attn: Malcolm J. Taylor P.O. Box 460149 Houston, Texas 77056-8149 Re: Industrial D~trict Agreement (IDA) (Series 2001-2007) Dear Mr. Taylor: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1;2001, for the term expiring December 31, 2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your firm, please do not hesitate to call. , Respectfully, G?~ T:" ~~ Robert T. Herrera City Manager Enclosures P.O. Box 1115 .. La Porte, Texas 77572-1115 .. (281) 471-5020 e e City of La Porte Established 1892 April 4, 2001 Southern lonics Attn: Milton o. Sunbeck, President 12901 Bay Park Road Pasadena, Texas 77507 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Sunbeck: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1, 2001, for the term expiring December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your firm, please do not hesitate to call. . Respectfully, G~-c~ Robert T. Herrera City Manager Enclosures P,O, Box 1115 " La Porte, Texas 77572-1115 <) (281) 471-5020 e e City of La Porte Established 1892 April 4, 2001, Bayport North Industrial Park Attn: Mr. Bob Klasen 11633-D Jones Road Houston, Texas 77070 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Klasen: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1, 2001, for the term expiring December 31, 2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your firm, please do not hesitate to call. . Respectfully, 4Jj Q~~~ Robert T. Herrera City Manager Enclosures P.O. Box 1115 " La Porte, Texas 77572-1115 " (281) 471-5020 e - ORIGINAL ORDINANCE NO. 98-IDA-~ AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DANA TANK CONTAINER, INC., FOR THE TERM COMMENCING JANUARY 1, 1998, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. DANA TANK CONTAINER, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1998, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the city Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. 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 , ci ty 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. - e Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of October, 1998. By: CITY OF LA PORTE ~U>~ Norman L. Malone Mayor ATTEST: ~(), A)jJuf Martha . Gillett City Secretary Knox W. Askins City Attorney , 2 ~ - e NO. 98-IDA--5} STATE OF TEXAS COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT (With Limited Utility Services) 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 DANA TANK CONTAINER, INC., a New Jersey corporation, hereinafter called "COMPANY", WIT N E SSE 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, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibi t "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement wi th Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City; and WHEREAS, City and Company have entered into a Water and Sewer Service Agreement and a Utility Extension Agreement, both of even date herewith, reference to which is here made for all purposes; and e e WHEREAS, it is the intention of City and Company that should there be any conflict between the provisions of said Water and Sewer Service Agreement, and said Utility Extension Agreement, and the terms and provisions of this Industrial District Agreement, the terms and provisions of the Water and Sewer Service Agreement and the Utility Extension Agreement, as the case may be, shall control, to the extent of such conflict only: 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. 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 to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land 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. Subj ect 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, 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, except as provided in the Water and Sewer Service Agreement and the Utility Extension Agreement of even date herewith between City and Company, reference to which is here made for all purposes, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building or electrical codes, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon, except as provided for in Exhibit "C" and except as provided in the Utility Extension Agreement and Water and Sewer Service Agreement of even date herewith; provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full Ci ty ad valorem taxes on such annexed Land and improvements, and tangible tit e personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 1998, 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, 2000, 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, 2, and 3 of subsection D, of this Paragraph II I ( 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 enti ties 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, 1998, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2000, Company e e shall pay to City an amount "in Property as of January 1st of the Year") . lieu of current taxes" calendar on Company's year ( "Val ue D. 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. E. Company agrees to pay all "in lieu of taxes" payments hereunder, to City on or before December 31st of each year during the term hereof. 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. IV. This Agreement shall extend for a period beginning on the 1st day of January, 1998, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, 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. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, 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 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, 1994. V. 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. e e 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, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. 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 pursuant to Article II above (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 e e 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 arbi tra tor who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. 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 only 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 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. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. The parties agree that this Agreement complies with existing laws e e pertaining to the subj ect and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement, neither party hereto would enter into this Agreement. In the event anyone 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 unconsti tutional 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 effective the '2~ 1998. By: ~Ohy\d8. \)o()G\ Title: C~\\eJs~('~~n.~ Address: ~ 10 cSSe'f. 4~ ( AveneJ (l)s 0100/ . Name: - Kn x W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 e c~ty~ Norman L. Malone Mayor G?~ -r ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 e e "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND .o/9/V~ 77'?V/\ cQA//-t9"OVE.e",INC (Metes and Bounds Description of Land) .~~_~.:,~OUtf.f~f4rT'llnutes'08 seconds W~st, 1074. i5"-io~~518'" iion rod ser--'- -- ,mer.. i _ ' ' t::i~~..:' . ~,;s.uJ.o,.,,- minutes 17 s""onds East. 349,90' 10 a SIB" iron'rod sat ~n:-'".:1..;<., -' ,z:~e-' '",] .,' , ;~"~,: ,. ',. '-.~~'bE, SO~1880 131 minutes 02 seconds We$t, 200.00' to a 5/8" Iron rod found - fGr osmer at tt.le Southeast corner of aforemennbned 8.672 acre tract . - , ltiENCE. with th~eaS~rly~ne of sai.~ ~.672 ac~~ 'tract, North 01 ~ 45 minutes 17 ,,~ndS"West:449;9r,. to th~ point of beginninb and containing 4.835 acres of ,land. I r~ ,.:ii.~ .1~ct:t ;fr.. .'1 1I2lIS/RJ~Ea1 ~ .~ ~, " 10, F' ~ .,_, .1.'.._....... ,. " f 1 .;;3:1'- " J. ::1 /'" ./ r. .. ~. . ',~ ~ ~~ 182lI1lFUJ1ldtRllai-Es1 ~~.i)an r~~; ~. \. j I -'> ~ .".'. ".....,...~ , ..~,...-'.;"'"""'"-- ':iiii&',;"",'~i ',.'.,..,. ,0, < . ~'" 'iY,~;'~~5'J'C,:'r;;;;r.'ir::'~f;~~l1!!:f:1'~'.f~1~'~~~k::E~"'?'.r <'"'4'..., ~.', '1 ,."..1'._....1". "l>,...,).,......,j..-,..""t:.. i~~t~~~r~I~~:l'~1~~~~"'~~.. '..,:' ".,' ''>' ,..; "'r "~" ':f';......t~' ..~..........' ....- ..\',....~, .,,,0'2;. ",. :~?!:.~:'~; "};:~i~'i~~'~:.i~~~i~~lilftitO~~if;~{t~~~~~~,, {~;';}~'it~~~, I"~;:,;: ~)?'6 :~ :;oEr~S;b'-.:.mo'a, 0' la,s; IocaledJn tha Enoc. BrinsonS~N~, ~DStract', ' "" , , , ~.q,I'!1~;,teX(>s.;''''.r.. P"i1'CU,."y;b~"I9 a1lo!~~ose c.f1l!i~","L.* a:"'fJ!~d'~;OO' ,.,.';" '" ,'g 1fi:lCS e~bedas'."Flrst 'Tract':':and;~'Second;*ract~.:respectiVely.~, and~COn\leyedto. ..,.. , : ".- ~:- ':(~,/ ,',' , x , iro~ffi:~tr.;,;~~0de~fjl..n~.'1'iii~'7? ol,jhe01fo.iOi~Be;;Onl", "'/' ;;;;~}1i; 1}ad" !ll'~~S~tlfty':;f:I~~~.~~: ~1?AOi~73 ,_:aCies' beln,~~~dt~Ii"P~~'cularly ~::' , ':<<' 'IIW\.iOuSiBS' ol'OWS.'"'''' ,. ";':"< " . ,. " ' ,'.. . ,...', ,,'" ""'. ,.' "", ,;Mftt~,;;':h;~J."j./ ~> .. ,,:t '. . 1}':'~c:"'~i'1~ i.J~rl,a 'i"'" Jron:,!::p1pij ,:.f6,und. '1'I1C;li1<ingttle ,Nol1bw~$t:ccor'ne~; -dr! :',~;~:.!~'~::.: n'l9;>.,9;'li~~"~':!i~"ITI" ::~~"ast_'"Ofc.e"....fil""'!lfc~~=.:i~:: ;~/r::':< '';.' ,cJ4;. ::: :.. ' ,''''5; I,'" '*':' .,l.,..~~?\,; Jtl;l~th?!tpp~e.t'ly,I1M ~f;sai8 ~..;QOi and 8. 672 acre tracts, iNortll as.. 14.... ~~dP~~taSi;"1.299;ao:: to 3;-518" i~n rod found rrtJYt4lng: t~e~Noitheast:. ..,,il, ..'" . .... ,.,' . . ' \d;,'8iQ.72iaotes; . 1 i'i;:,r~7Z;;';;>"';'-':"'" . ... ,. "'-"'. ",' fJ1i.v,~t~:,m~:f~~~d)fliO~ ipf,s~,.:8.672aCies. South 010 '45mtnu~a$ 17. , tL~~;$:1I't6 -a 518" !ltart trOd, found marKlng the S01i!tl:leastcoi'ri&t1of ""S~1\!;,'" " .'" :" " .. " ',' ". :~.~~ti\le~~puttl:er:\Y',line.()f'Said B;672 aciGS, South sao 13'mtnutes.02 .t~ .. '. ,~St;:8~Q,':78'to~:a'5f8~'lrOr.i':rodfourlCHor corner in the nortner1W right-of- '~;: ''''j)f:;$tau;iHIgf.1)IJay.No. 225; , . I " . I , r ' ' :);1li~CE. ,With''Sa\d nor,therly right-ot:-way line. the.following.four (4) courses: I!: t:'~: ~orth' ,190 .43 minutes 46. seconds West, 18.11' \0 a 112" iron rod-" set for " '_ ' "'},, ,.~ptn'''; In,~e~ih~ing ofa<~Ne; , ' '\ ,'," '{ }~ "', ;1\i.~n9'.lhe ~'" ,01 a "",gent iu",a to lha lalt, said CUNe being sUblended by )k:-:;..,:; ,::. ~ k': ."~!9~ntra,dlI19Ie of ~2000 mlRut~s 00 seconds.,. havIng a radius of 421.97' "',!; , '. . ,., .i1lidan ,arb length 'of'590.2.6' toa 1/2" il'onrpCl sel for comer; , {: .~' SoUth.87l37 m;nutas' 56 seconds West. 48,00' to a 1/2" iron rod set for , ~~ ' , ,~orner; I t' .' North 48" 31.,;nule, 05 ..i:ondS was;.! 56,57' 10 a 112' iron rod S:,lt" , comer In,1be aforemet!ltioned easterly r\g~t-of-way line of Sens Road; , . I THENCE.leaving;,said northertly rtght-of-way Iirite of State Highway 225 and ~ith sai,d easterly right-of-way line of Sens Road, North 010 44 minutes 03 seconds west. 107.41' to the point of beginning and containing 10.673 acres of land. :.; ,"'i 4' ,.to!'-l' .of Il. ",' . ';_~.::,;u_""....~,...."~~'_"'.I_~""" .~,~,_"'_k..-"..,, ....p... .' .-. ..., ! r, 1 ,p.;l' f "f,t,f ". ...... r. ., e e "EXHIBIT B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND LJ/5/t) 17 "P9A.IK C~7i?41E~ .rN~ (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) r e - "EXHIBIT C" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND DANA 'TA~I K COr-JTAIf\}[E,(lJ "ENe", Company agrees to abide by all City's rules, regulations, policies and ordinances regarding utility service unless the provisions of the Water and Sewer Service Agreement prevail or impose specific or more strict standards. For any future expansions or improvements to the site described in Exhibit "A" and "B", Company shall present a site plan to the City of La Porte for review. Company further agrees to abide by the concepts established in the City's adopted F10l Master Watershed Plan by provided onsi te detention of stormwater runoff for any future improvements. Company further agrees to participate in future planning of water and sewer demands undertaken by the City or by the La Porte Area Water Authority.