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HomeMy WebLinkAbout2000-IDA-85 H REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: October 22. 2007 Requested By: WaIDe J~ Department: Plan nine: Source of Funds: N/A Account Number: N/A Amount Budgeted: NI A Report: _Resolution: _Ordinance: ..L Amount Requested: N/A Exhibits: A. Ordinance for Industrial District Agreement B. Industrial District Agreement C. Ordinance for Water Service Agreement D. Water Service Agreement E. Ordinance for San. Sewer Service Agreement F. Sanitary Sewer Service Agreement G. Area Map Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION GSL Investments, Inc. has approached the City for water and sanitary sewer service to its site at 9409 New Century Drive in Bayport Northlndustrial Park located in the Bayport Industrial District The facility will be leased by the T.D. Williamson Company. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain an Industrial District Agreement with the City. GSL Investments, Inc. (T.D. Williamson Company) desires to obtain water and sanitary sewer service under the terms of this policy. Based on the company's estimated demand, the average daily demand for water is 750 gpd, which is within the policy's limit of 30,000 gallons per day. The applicant will pay one and one-half (1-%) times the City's current utility rate. Additionally, GSL Investments, Inc. is subject to one-time connection fees associated with its WSA and SSSA in the amount of $5,000 for each agreement. The company has subsequently made payment to the City in the amount of $10,000. The term of the company's agreements expire on December 31, 2007, plus any renewals and extensions thereof. However, the agreement shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Staff recommends approval of an Industrial District Agreement, a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Investments, Inc. (T.D. Williamson Company, Lessee) as submitted herein. Action Required bv Council: Approve three ordinances. One ordinance for each of the following agreements with GSL Investments, Inc. . Williamson, Lessee): An Industrial District Agreement, a Water Service Agreement, and a Sanitary er Service Agreement Ron Bottoms, City Manager /0 frvlol Date EXHffiIT "A" (to Agenda Packet) Ordinance for Industrial District Agreement 1ft;? /Y'tW ~h ~. ORDINANCE NO. 2007- ~D~(P AN ORDINANCE APPROVING AND AUTHORIZING AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T. D . WILLIAMSON COMPANY, LESSEE); 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. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City manager is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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, 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 subj ect 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. ORDINANCE NO. 2007- 303l.o PASSED AND APPROVED, this Jr}/lJ/') ATTEST: Lf()tt1li~ t1 /idl1 Martha A. Gillett City Secretary APPROVED: ~uJ. ~ Knox W. Askins City Attorney By: day of OL-I-tJ/x / PAGE 2 , 2007. CITY OF LA PORTE O rv Ut-~~~!\ ~. Alton E. Porter Mayor EXHffiIT "B" (to Agenda Packet) Industrial District Agreement MAY-10-2007 THU 11:48 AM FAX NO. P. 02 NO. 2000-IDA-~ STATE OF TEXAS s s s s ~ tIP? bthwP,.ey p~ COUNTY OF HARRIS ZNDVSTRIAL DISTRIC~ ASREEMEHT This AGREEMENT made aDd entered into by and between the CITY OF LA J?ORTE, TEXAS, a municipal co poration of Barris oUn~1 Texas, hereinafter called .CITY", and . '- ~-hnen ~ , a -Iex..ctS corporation, here:1. after called · COMPANY l' , WIT N E SSE T E: 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 oitizens; 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 nDistrict-, 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 IIAn (hereinafter "Land") I and said Land being more particularly shown on a plat attaohed as Exhibit "S", which plat describes the ownership boundary lines; a si te layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La ~orteJ 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 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: FINAL DRAFT I February 24, 2000 MAY-lO-2DD? THU 11:49 AM FAX NO. P, Uj I. city covenants, agrees and guarantees that during the te~m of this Agreement, provided below, and subject to the terms and provisions of this Agreement ( said District shall continue to retain its extraterritorial stacus 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. 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 oorporate 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 all Land, inclUding that which has been he~etofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (bJ presoribing any building, electrical, plumbing or inspection code or codes, or (0) attempting to exeroise in any manne~ whatever control over the conduct of business thereon; provided, however, any poxtion of Land constituting a strip of land 100' wide and contiguous to either pairmont Parkway, State Highway 225, or State Highway 146 t shall be subject to the rules and regulati.ons attached hereto as Exhibit 'elf and made a part hereof; and provided, howe~er, 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 1exas Clean Air Act, the Texas Health & Safety Code, or otheT federal or state environmental lawa, rules or Tegulations, to the same e~tent 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 City ad valorem taxes on ~uch annexed Land and improvements, and tangible personal property. Under the terms of the ~exas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislat.ure, Regular session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements I 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 th~t the a.ppraisal 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 pa:r:ties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of neoessity appraise the entiX'e (annexed and unannexed) Land, improvements, and tangible personal property. 2 MAY-tO-20D? THU 11:49 AM FAX NO, P. U4 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal Distriot to establish the appraised value of LandI improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the 'l'exas Property Tax Code, through and including April 15, 2007, Company shall provide City with a w~itten 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 heing SWorn to by an authorized officer of the Company authorized to do so, or Company' 5 duly authori2ed agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form I The properties whicb the Company must render and upon which the "in lieu ofll ta.xes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property.) i provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas ~roperty Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. 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 pretest 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 p~operty 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 Com~any 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, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and inCluding December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property a.s 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. Fifty-three percent (53%) 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, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (exoluding amounts payable pursuant to subparagraph 2, below), bad been within the corporate limits of City and appraised 3 MAY-lO-20D? THU 11:49 AM FAX NO, p, 05 each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial lncrease in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30lt) of the amount of ad valol:'em taxes which would be payable to city if all of said new construction had been within the corporate limits of City and appraised by city's independent appraiser, in accordance with the applicable provisions of the Texap Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (S%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative Value of at least $3;500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January I, 2000, an amount equal to the amount of the depreciation will be removed trom the calculation under this subparagraph 2 to restore the value to the January 1, 2000, valuej and 3. Fifty-three percent (53%) of the amount of ad valore~ taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equip~ent, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property Which existed on January 1, 2001, and each January 1 thereafter of the applicable Value ~ear during the term of this Agreement, had been within the corporate limits of city and appraised each year by the City'S independent apprai~er, 4 MAY-10-2007 THU 11:48 AM FAX NO. p, 06 in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxeS on the annexed po:r;tion thereof as determined by appraisal by the Harris County Appraisal Pi5trict. IV. This Agreement shall extend for a period beginning on the 1st day of JanuarYk 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City a.s provided by the Municipal Annexation Act; providedJ however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the nistrict shall terminate. Xu 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 thia 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 Texae which imposes greater re5trictions 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 ~eriod or periods by agreement between City and Company and/or Jots 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. VI. A. In the event Company elects to protest the valuation fer 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 preolude 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 5 MAY-IO-2007 THU 11:48 AM FAX NO, P. 07 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 jurisdiotion or as the ~esult 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 Cotnpany disagree with any appraisal ma.de by the inc'lependent 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 disa~reement within such time period, the appraisal made by said 1ndependent 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 believe~ 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 Inarket 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 Cit.y, 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 fa) 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' oS valuations rendered and/or submitted to City by Company he:teunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. ~ 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 ~o days, the parties will joih 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. The sole issue to be determined in the arbitration ahall be resolution of the difference between the parties as to the fair market value of Company's property for C!aJ.culation of the "in lieuw 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 6 MAY-10-20D? THU 11:50 AM FAX NO. P. 08 expert op1n1on, and shall rende~ 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 (Chapter 111, "General Arbitration", Texas Civil practice and Remedies Code). Costs of the arbitration ahal1 be shared equallY by the Company and the city, provided that each party shall bear its own attorneys fees. VII. city shall he entitled to a tax lien on Company's above described p:t:operty, 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 he collectible by City in the same manner as provided by law fo~ delinquent taxes. VIII. This Ag~eement shall inure to the benefit of and be binding upon city and Company, and upon Company' B successors and assigns, affiliate~ and subsidiaries, and sball 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 a.ny 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. xx. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while thia Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreementl Company and its assigns shall have the right to amend this ~greement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. ~he parties agree that this Agreement complies with e~isting laws pertaining to the BUbject and that all terms, considerations and conditions set forth herein are la~ful, 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 any on~ or more wo~ds, phrases, clauses, sentences, paragraphs, sections I articles or other parts of this Agreement or the application thereof to any person, firm, 7 li::-.x \; I i>\ T - A EXHIBIT li~' LEGAL DESCRIPTION OF tHE LAND FIELD NOTE DESCRIPTION OF 1JM31 ACRES (84.M2 SQUARE FEaT) OF LAND OUT OF RESTRiCTED RESERVE ''1\", OF BAYPORT NORTHINOUSTRIALPARK. AS RECORDED IN FilM COol:' NO~ 437010 OF THe HARRISCOUNIY MAP RECORDS AND ALSO BEING OUT OF iHA r CERTAIN CALl.E06.9S96 ACRE TRACT OF LAND DESCRlBED BY INSTRUMENT RECORDED UNOER Ht-\RR1S COUNTY CLERK'S FilE NO. 20060245720 ANO lOCATEOINTHE"'JILLlAM M.JONES SURVEY, A.482, HARR.IS COUNTY, TEXAS. SAIO. 1.9431 ACRE TRACT BEING MORE PARTICULAR!. Y OESCRIBED SV METES AND SOUNDS ,'\$ FOllOWS; COMMENCING Qt a 5!3 inch iron rod found in lhe NorL'l right.of''1tay line of Net^' CenlUl"j Otivc (60 fOO1'It.do), sa~ N-OO rcd m\uk~ the Soothwesl ~o.rnef' of that cef.lain caMed 7.1526. acre. tta~t fecorded under Harris County Clerk's File No. YG802GO, said ir~ rodaiso mari<sthe Sautheast comer of said ~a1;ed 6.9598 acre !ract; THENCE, South 85' 52'50"W (Jst. a:Otlg \he tho Nott,h right-of.'t.'nyUlle Of New Centuf'lDn'/e. a distance or 215.11 feet. to a. 518 inchilonrC<f found for the Southea.st comer and POINT OF SEGINNtNGof the herein descrloe.d tract. THENCS,s..--uth aa'5Z'SO". W~st. ~ontinuin9 along me the North rlght-of;.J/r:ly Iin$of New Centur", Drive, a distance of 1.~O.Q' feet to a 5ia Inch irQll red fouI',U for Uw Poi1It of Cut'/ature ofa eurvelo. the laft; tHENCE. We.5terly. conlinmng along the the Ncrt/1 right-of-way r\f:i! of. Ne-.v Cantin", Drive, '1"~lh saidc\,INe to the Left. h~l'/ing Ql'adlus of 530.00 feet a ccnlial angle of04'07'e.a". an arc lengLh of38.22 feet Md a chord. b~r1ng and distance of $ 64'48'52" W. 38,22 feat to a point for t,e Soutltweste1ly cc-rherof ~hE! here\.' ~eSl:riCi:!d tract; THENCE, NOr'L1)03'01'jO" West a distilClce of 416.26 feet 10 a point in the Se-uu~ right,of.'//aY flne of F3trmOnt Pa(l(\<Jay (2SO r~et \'\Iide} ior the Northwe~t comer of the herein c:escrjc~d 1lCl'~t; THENce, No(i.h 86'52'37" East, along UloSouth tigl\t-of..l',ray tine af Fairmont PDrkw~y, a dislalice of 178.20 fl.~t to a SolS inch f:on rcd ....nh cap found for the Nor.hea&come: of tho herein described tract; THENCE. SC'.lth03'07'H)" East. a dislacnce of '~7:t.90 feel to t."e POINT OF' BEGINNING ana ccntaining 1.9431 acros (34,6+12 square feel) or land. more or tess. Cel'l!\Jl"'j Engineering, Inc.. Daled the Hth day ot r...lay, 2007. E:<hA'};l A . P~gc '1 of 1 LANDLORD lNITl.';LS: W TENANT INl"ALS~ .',Rl"l.l':HI)(:Srt):-.'): :(J~}H ,;h!y I(I)5i FOIl~! ~4B) \74 -:;;T--~.~ --r-.-,-----, --~--=;~.:i'-----' --- I.M.W/f;1ff' (01 '-"f;~i;'it:;~(~;~;f~~~ _'~"'r_"~-----"'--r'-.~'-"'1--'-T-'" __ --""""J,- -......-. _.;.;.;..:I.~.~~itt:1f"- YtlLLIAM IA. JONES SURIlEY, 1.-482 ........,'WMl'S,1<<:. "-~Wo..:..':'.nr~ho ~t i.~ , ;f.. r'~ I I \ ~L ~~il, i'~ .j \ ~~ .." , '1K(~111151RU11. C"'U:07.10:ltACIIES tI_e.cr.HO......,.,1Io(l ~ , \ i~l: ~ J;~( \ ~ \_"-. b : ~ \ . BA'fPORT NORIH INl.II.ISTRlA", f'AAK f.e. HO. 1J101Q II.C....M. Rf.S1RlCflO RESER'<'t: ",." 3.0000 ACRES (130.680 SQ. FT.) E' , , L..-L -- - .. ___n_ - -- ---- Io'!lAI 5.... l...!ll",,;t~T . .1. 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"" 0' ,h" .....", Ni;//4_- ".~,.i., .., '" :f:';'~,-';-:,:--:::...",,~ "AL T A \ACSM TOPOGRAPHIC SURVEY' OF 3.0000 ACRES (130,680 SQUARE FEET) OF LAND OUT OF RESTRICTED RESERVE "A., BAYPORT NORm INDUSTRIAL PARK, ACCORDING TO mE MAP OR PLAT mEREOF RECORDED IN FILM CODE NO. 437010 H.C.M.R. AND LOCATED IN THE WILLIAM M. JONES SURVEY, A-482, HARRIS COUNTY, TEXAS. m ~ t. DA TE: MARCil, 2007 SCALE:'" = 50' e :,E~R~ ENGlNEE~G, ~~:; CJ I cn JIll! 'Ill 000.....:;001 !O': llllM ,,,\SVIt"'-"\(I(J04'-G!;l 'IJH"''''\bo",..' ~ '".I...fl,,-, 12'K ~-^ ~~<---,- ~''\ ." > ~ '. , ~ ,......- ..._ _ _$I!!' rAlRt.tOfrI1' PARJ(WAy (.2:(1' ROW) . '-t.s., "" '.;,. ""-:'. '. ~<:" .,.~~ ." <', .. 7 . 1. ...~.,~ ~-!'~ ''"1' I i ",r~AS$-': ..;. - .. '. \ ~ i ~ I -," -.....01 ~- ......- .._~ - "J> c_ - ..{- oI(.lI<<Sf'._ - ~,.. 1IC~...s.s.; -S1lo (:.. o )> rn X :r CP =1 di I N ~ J'.~ ~ :;.1~ '.. ~ ." ". ~, "'Oo!' . -t-?4t /! '" '"....... 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THU 11:50 AM FAX NO, p, Ul1 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, clau~e, 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 re~aining parts of this Agreement shall not be affected thereby. Xl. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land ~hall terminate. ENTERED INTO effective the 1st day of Janua~y, 2001. C~'z~.~. . (COMP~Y) By, ~~<{~ Title: (0(( S, Address: r;. t. ~ I ," t.J. I~ -4-" (iJ... _ t> v fir-IV, . '? 707y A~P~ w.~ Knox W. A.skins city Attorney city of La Porte P.O. BoX 1218 La porte, TX 77512-1218 By: ATTEST: Gf}?0tM~ lfof/rJ~~ City Secreta:ty By: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77511 8 MAY-l0-2007 THU 11:50 AM FAX NO. P, 12 -EXHIBIT elf Page 1 of 2 ROLlS AND REGULATIONS ~y portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, soreening, driveways and median crosso'V"ers. These rules and regulations shall apply after the effective date of this Agreement when Company develops O~ construots improvements on vacant Land described in Exhibit IrA" whioh is adjacent to Fairmont Parkway, State Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of la.nd shall be subject to the following provisions~ . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single Cenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses ia allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 aquare feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont parkway, State Highway 225, or state Highway 146 ahall be screened by one of the following teChniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visua.l screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a cOmbination of trees, shrubs, and ground cover. All berms and landscapin9 will be maintained by the property owners. MAY-lO-200! THU 11:50 AM FAX NO. P. 13 Ill!lXHnI~ C. Page 2 of 2 c) A screening plan, to be approved by the City, that includes a cOmbination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in neight and shall, together with shrubs and ground cover, orea.te a conl;inuous visual screen. Provided. however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is aoceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the a.ctual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved drivewa.y access and identification signs. For cases of new development or improvements where a 50' landsca.pe easement is not available or practical, Company shall meet with city to determine 3. suitable landscaping alternative. 3. Driveways opening from said strip of land onto state Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department ot Transportation and provisions of the City's Code of Ordinances I whichever is more restrictive. Driveways opening from said strip of land onto Fairmont pal:"kway shall be sul:lject to the rules and regulations of Hal:"ris County and provisions of the City's Code of Ordinanoes, whichever is more restrictive. 4 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Yarris County and City.