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HomeMy WebLinkAbout2000-IDA-86 I - REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: October 22. 2007 Requested By: Wayne J. s~ / Department: Plannme: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance:...x...- 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 9407 New Century Drive in Bayport North Industrial Park located in the Bayport Industrial District. The facility will be leased to 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, Lessee) desires to obtain water and sanitary sewer service under the terms of this policy. Based on the company's stated demand for domestic and industrial process uses. the average daily demand for water is 1,050 gpd which is within the policy's limit of 30,000 gallons per day. This demand includes utilization of 650 gpd of water for the company's industrial processes. 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. Payment from the company in the amount of$10,000 has subsequently been received. The term of the company's agreements expires 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 GS t- Investments, Inc. (T.D. Williamson Company, Lessee) as submitted herein. Action Required by Council: A rove 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 Sew r Service Agreement. ..-. enda Ron Bottoms, City Manager EXHffiIT "A" (to Agenda Packet) Ordinance for Industrial District Agreement ?~ AI.MI~ne ORDINANCE NO. 2007- 3 D ~~ 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- 30 3 ~ PASSED AND APPROVED, this ATTEST: Lj11flttit~ ().~j(tjl Martha A. Gillett City Secretary APPROVED: ;,f &~ u) dj Knox W. Askins City Attorney :A~IvO By: day of O(}o(,.{V CITY OF LA PORTE PAGE 2 , 2007. ~y~ Alton E. Porter Mayor EXHIBIT "B" (to Agenda Packet) Industrial District Agreement MAY-tJ-2007 THU 11:48 AM FAX NO. p, 02 1~#ew'~~. 'Tp.h}~/f~/II~. NO. 2000-1DA-~ STATE OF TEXAS COUNTY OF BARRIS ~ S Ii ~ ~ INDVS~R!AL DISTRIC~ AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA IlOR'l'E, TEXAS, a municipal cor.-poration of Harris Count , Texas, hereinafter called .CITY'I, and 05L e.sfrn81...::j:h , a Je.x.0..5 corporation, here nafter called .COMPANY~, WIT N E SSE T B: WHEREAS I it is the established policy of the city Council of the City of La Portel Texas, to adopt SUch reasonable measures from time to tittle 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 Gitizens; acd 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 Dist~ict of La Porte. Texas", and O~dinance No. B42A, designating portions of the area located in its extraterritorial juriSdiction as the "Bayport Industrial District of La Porte, Texas 11 , 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 descI=ibed on the attached Exhibit "AIt (hereinafter "Land.); and said Land being more particularly shown on a plat attached as Exhibit "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 ftJithin said Districts and for such 'Ourpose 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 Ordi:1ances of City referred to above, City and Company hereby agree with each other as follows: FINAL D~~FTI February 24, 2000 MAY-IO-2007 THU 11:49 AM FAX NO. P. Uj 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 cont inue 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 port ions thereof I as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisioJ:l.s of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said ~and 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, 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, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (0) attempting to exercise in any manner whatever control over the conduct of business thereon; provided I however, any 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 rules and regulations attached hereto as Exhibit 'C" and made a part hereof; and 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 la~s, rules or regulations, 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 such annexed Land and improvements, and tangible 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 Appraisa.l District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unar.nexed 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 ah independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment pu:rposes, Euch appraiser must of necessity appraise the entire (annexed and unannexed} Land. improvements, and tangible pe~sonal property. 2 MAY-tO-200? THU 11:48 AM FAX NO. p, U4 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris Cou.~ty Appraisal Distriot 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, 2001, and on or hefo~e each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, 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 im.-nediately 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's ctuly authori2ed agent, (the Company's "RenditionW). Company may file such Rendition on a Harris County Appraisal District rendition .--t:c.:'-rttrl-or-1rlmfla:r--f-o.rl1h---'l'he-~roperties_..whi.gh the Com~ must render and upon which the "in lieu of" taxes are assessed aremor:e- fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes COllectively called the .Property") i provided, ~owever, 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 Property Tax Code is exempt from ad valorem taxation and I/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 protest and appeal under the terms of this Agreement. B, As part of its rendition, Company shall furnish to Cit.y 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"J, 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 Dece~~er 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 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 n on Company's Landi improvements and ta.ngible personal property in the unannexed a.rea equal to the sum of: 1. Fifty-three pe~cent (53%) of the amo~~t of ad valorem taxes which would be payable t.o 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, {exclUding amounts payahle pursuant to subpa~a9raph 2, below}, had been within the corporate limit.s of City and appraised 3 MAY-IO-2007 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 Suhstantial !ncrease 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 (30%) of the amount of ad valorem 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 TeXas 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 (5%) 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 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (S3%) 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~entl railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January ~, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of city and appraised each year by the CityJs independent appraiser, 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 portion thereof as dete=mined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January; 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 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, 2007, the agreement ot City not to annex property of Co~any within the nistrict shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Co~pany'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, 1~94, or any new legislation is thereafter enacted by the Legislature of the State of Texa~ 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 saine existed January 1, 1994. v. This Agreement may he 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 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 red'.lce 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 C Offij;) any , s hereinabove described property which would be due to city in accordance with the 5 MAY-10-2007 THU 11:49 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 jurisdiction or as the ~esult of other final conclusion of ~he 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 w:dting 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 suoh 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 yea.r 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 nin lieu~ payments which would be due hereunder on the basis of Company's valuations rendered and/oT submitted to City by Company hereunder I or the total assessment and Ilin 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 1.0 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 wlmpa::tial A~bitratorn) 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 m~rket value of Compa.nyl S property for calculation of the "~n lieu. payment and total pa.yment hereunder for the year in question, The Board shall hear and consider all relevant and material evidence on that issue including 6 MAY-10-2007 THU 11:50 AM FAX NO. P. 08 expert op~n10n, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to jUdicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil ~ractice and Remedies Code). Costs of the arbitration ahall be shared equally by the company and the city, provided that each party shall bear its own attorneys tees. VII. city shall be entitled to a tax lien on Company1s above described property, all imp1:ovements the1:eon, and all tangi.ble 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 taxesl and Which shall be collectible by City in the same manner as provided by law fo~ delinquent taxes. VIl:C. This Ag~eement 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 ter1:itory, for so long as this Agreement or a.ny extension thereof remains in force. Company shall give City written notice within ninety (90) da.ys I with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. rx. 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 this Agreement is in effect, which contains terms and provisions more favorable to the landowner than tnose in this Agreementj Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to e~~race the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement compIles with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, apP~opriate, and not unduly restrictive of Companyls business activities. Without such agreement neither party hereto would enter into this Ag1:eement. In the event anyone or more words I phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any personl firm, 7 MAY-IQ-2007 THU 11:50 AM FAX NO. 1'. U~ 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 ra~ainir.g 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 shall terminate. ENTERED INTO effective the 1st day of January, 2001. By; (COMPANY) ATTEST: ~t;~ A//// ay, e ty Secra fty AP~M ~ Knox W. Askins city Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: CITY OF LA PORTE 604 West Fairmont parkway La Porte, TX 77571 8 E:- l(\"': b i "" A EXHlsrr ~ A.2" LEGAL OESCRIPTIO~OF ADJACENT PROJEct App!o:dmalE!;/ 2.0165 acres of land cescribed as fcHcws: APPROX1MATEl. Y 3.959~ ACRES (1nASO> ... . .. .. SQUAR~ Fl::::l) OF lAND OUT OF RESTRICTED RESERVE ''A-, OF BAYPORT NORTHIN.(>USTRY\LPARK. As RECORDED IN FilM cope NO. 437()1Q..OFTHE HARRIS COUNTYMAPRECOROS ,'NO AL$oaeINGOUTOF.rHt\TCERTAlN CAl.l.EP6.9&9G ACRe . . TRACT OF LANOOESCRfSl:O SV INSTRUMEN.t RE:COROED UNDER HARRIS: COUN1Y ClERl<'$FiLE NO~20060245-72{) AND. lOO\TEOINTHE WILLU\MM, JONES SUIWEY, A482. ~J\RRIS COUNTY;TEXAS. SAID 3.95$6 ACRE TRACTSEING MORE PARTICUt.ARt. Y OI;SCRISEO BY METES. AND SOUNDS AS FOLLOWS: . . COMMENCING at a 5:'8 inch Iron rod four.d 10 Ute North right-of;;iliDyJirieof New centuri Olive (60 (ectwiete);said iron rod marks the Sooth\vcst Comer ofthQt certaincaUed 7.1526 acre 1ractrecorded under Harris Coiin~1 Clerj('s Ale No. Y680260. said {roo rcd also marks ihe Southeast cOmer of said .cm1e{l. 6.9596aCie tract THENCE, ScotO Sli'oZ'SQ" West. atotig Ule Ula North tighl~ot;,...yay tlncotNciv CentU1'1 Ori;Jc.adl:1tanee cf 2'[5:11 feel toaS/S IOchjto,' rod foliOd!or .!he Southeas~ comer ~1d POINT OF BEGINNING.<>f the .her~in ce$cnbed tract;. THENe!:. South Ba'52'50~ West.cor.till'ull\g alollg U\eU1e NO!th rl9ht~o(-way line ofNcllICe1Ilury Ddve. D dlslance of 140.0-1 feet 10 D 5.ltHnch irOn red found fot the Poinler CurvatUre of aCUTV<e to the Len;. THeNce. We51erly. crmtiliuing alon91he the North ri9hr-cf-way line. Q.f Na~v CenfLJry Orl...o;. wi!h saidelir;..o to tho left. having a radiu$ of 530.001cetil cctltr<JIar;gre of 1a'24'37".. ao .:Ire !ength of 110~3i) feet andlJ chord bearing and dtata:lce of S 7T 40'32" 'W, 169.57 r~t to a S!B ~nch iron red found (or the Pointof Tangency; THENCE, Soulh 66'2a't3~ "'lest. continuiiigalong lheiheNonh r~t.~f.way Iil1e. of New Century Drive. a dist~nce of 51 ~a5 feet (0 a 5.Je inch iicn red round (OJ the SOutheast (:omer of Utal tedarn caUad 2.8159. aCfelr-clct recorded .uttdet Harris County Clcfk'~ File No. W3053St. said kon rod also marks !:he SOU!fl\vest corner of the hC!eiodesCtibeat(<lcl; THENCE. North 03~O7'10" ,,..jest.3f(}tlO the the E'lst line of said ':aIled 2.&159 atre l1'3t1, a c:fislanteof 513.4Z feet :0 a 5/Birtchiton rod wilh ea? round in the South right;.qt:.way line or FaffmOnl Parr..way {250. feet . wide} fer the NOf'J'leasl corner of said C<l!led 2.8159 acre tract and lh~ Northwest cemer of the herein deseribe-d ~ract e:;(t~ibil A-2 - Pago 1. oI 2 L'NDtDRO INITIALS: W ,"""NT '''TlAL~ MtL!J'i!!Ot:STO~iJJO!;I-Il!U!l' Z((~} r-on",{ .~.l(:(jn,'l THENCE; Ncrt'h 86'50'07" East, a~c:ng lhe SQI,l\h right.of...vi.\'j line Qf FaiimomPark't.'ay,a dlstao~ o1108.a9 (e11110 a 516 ir.ch iren rodwltn enp foundfoi'an. anglo poll1l; TH~NCe. North eG'5a'31"Ea5~ aIong the Scum ti9ht~of~\'I'ay 11Ilt) of FallJnontParl<way. 3 distance or 247.51 (oct toa 516 iochifon fod ',.;ilh Cap round fe;.; the Ncrtl1east comer oHnc . herein deScribed tracl: . . THENCe. South (}3'O1'10" East. a distance of 47 4.90 !o~lta Ihe POINT OF6eGIN~UNG and contlW1iog3.959o acres (112.480 squClm feet) of lil.,d;more or iess: . . SAVEANO EXCEPT that certam tract Containing appro:<!matdy 1~9431 ACRES dO$ctlbe-d onexhibil'tA" 10 lhis Lease (wtti~h save and except 1ract is the .Premises" uilCer tills Lease). le~l'Jing approximatoly 2.0165 llElt acrosor land com priSil'lg th.e Adjacenf Pro!ect. . E;thihi! A-2 - Page 2 of 2 l./\NClORD INIT!AlS: Q niNMIT INrrV'l~ ARI.I.P.'lIOt:!iro~J:JlfdJ!J,Jf:uli !i:t:(,) F<lUI ~~fi,)17': -"-rAII~i.tON"PARi<w.tlY" -(250' R.O.W.) ~lIl~IJH/O.>S'l~,1 !:l>,S,~ .~_r~IHI':-'I!~~ --T------'r- ...-.... l.......... __-.---...~"Fiitff:r.- WIlliAM II. JONES SURVEY. ,1,-482 ""\CJJWMn.1NC. C.<fl[ll'." M:llI"S H.C.c.r.Nll_411720 BA~POltT ~IH wuSlRlAl.PAAI( f.C. NO. 4J/UlO fl.C....M. Rt:S1R1CTE:O R[Sf.M\E:."- .1::- - -T--.--r-'--""-'- ~=-;-~._--'--- ~ \ ~~I' ~ l~. 1\ ~ ~~ : ~ \ . I I . \ ~I, I Ii! I il:j r" 3.0000 ACRES (130.680 SQ. FT.) ___ -T",::-:::-~T----1'--- _._td~LIMf: \ If::'.~~~\~'' _ . .... ~".'~.~. -_'r.w~ U(M.~SI~IlI5.tfC. ,;.o.rH:V 1.._' M:"lS >I,C.C', HIl.VII1H.. ;::::$ ~ NEW rDfI\JRY DRIVE (60' R.O,W.) ~ .::.-;-If.,.......~f - _-: . :.=:: :':. :E~:: :=~-~.~~~:~~~:i..,JI=- ~ic,-rl .. . J."" ~ fl.M co ,U1\I10 Il.CIII,. - WI,. ' ' -..r.-n:.~ -- .,.. 1M. ...... ~~~"...c1:" I~,~~",\I~ RfS1RIClEU RrSl-,Rvt "U" 8"Yf'~1 NORlIllN[llJSIRlAl PAin< PAAII~1 R''''....t UO, I rill,! I~our NO. ~16211~ ItC.W,N 1~.lIlI^UI.llt.~>.:.I""U1:~\.,. 111I"'''''W.l'(JftII''''1tlU''_llf''''"I)''ot:loIJ11'-:CII'~'EMfl' "Il~$llflll!;l ""5__" '" COto.lll'fl.flOlf.RlTllf ""'OMl"IIOIoICONI~!l"" lIlL.EQ_,WfHIPlIa'''lIUI :"II~'~f'i:~'~":.~~'='..::'l~~ Ul,OI..hQl l)~tllll""""'S_"Ullll.'Ht:t,DIQot<<_I'>l,lNtor IlUII\ICIUI IlI.SI."'" ...., lI"oPlOflI _JH 1flVU5."'1. ~""-"". :g~:t UN{Il:f1 111.. llUD[ ItI> UIOlo. ,,_ COfftTY ~",. II. IIIRIIR~ ~..... ItII't Ilt~" 1,000Mtu tI''-'l '.10.........-...,_.1.... ,,~~"'" u.u. 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MI<; 'IoIOCt.Hl CH<I!<U U....I" lU'~'N 1ll._.llnOG ~~ ll;otG'" --~ " ~.... ~ \1CINlfV MAP N,T.S 'IUU ...,It O1SCf1J/'ljOf. 0'- J OurlO 'CfiIf~ l'.lO..M<"l S{jIo.llIt' nt') 1Ir tAl'" WI IIf IllS'"IC'~U Hl.5l.:JNt: ".' Q<'II..~t_'>lI""'1SIIlI',L~'IIIl. .SlIfClH'DlO'N'"11 tru 1<<1 Ul010 Of hI( ".......IS r.f\l,l11, lUof> MtCUl<O~ 'u, ~~~f~~A:t~::~ lI~i~::":r:'it~~~I:i:~ 'WlIlIS CUUNIl Q[",,'s nt{!4\l J~o.lI3'1?tl 'If.) LlI(,.I[O IN 't~ WIl..l''''Il. ......~ S()II,u. A..4B2. ".....'S ClItIfIlY, lE".s. $.\11.> 3.00010 HJll IliACI 00..._: r::~~AIlI.Y !ll;SL'I\IIIf~ 81 ...:ns ""'" ',QUITS .~ llt~l~j''''' 01 . S/~ In<~ I'.... ..d 1"".\. ,n ". '.",I~ ;,':~' ;-~-:.:.:~n~I.:t~:=;.~:~~~~~~e: ':: ,~:~ '::'\::~.\Qji~~ :';'.'~:"';~:, o~~:<:. :.;:"r..::-: I ~:d:" ~'7;~: ~::','~~~~:~:::.: I~: ...Ie c"'l.~ 6,r..~ QO'. ".", "'4 Ih. ~",.I" d'H"~." ",ct :~~~1:~1 ._~:~". :~' ~~ ~~n'~. :-n,o.".. .~'~;1.,:"~~. I~~ :~,:\..:~,~ ~~:',};;:dl~;:,;"" ..l to< th. """,,,_., C"'n", "111<... .....lh 'U'~/' 1<1' hU. . "'.1""0. .., ,,",.or.., 'n . ~(8 I"<~ .'.... ,ud ul ", Ih. "",,^' .",., ", '...., II"n 0' ~~~' ::::': .~"~:::: I~::\:::~; .Idol h, ,~. 1<", 'h..., <Q",., o' IItU'<l. .....1. 1IIl' =r;t' J'" Lool. nl""9 'nO ~m.,~ "0.' o. .", :~:'~ ',';"::n.J:;"~: t~"'<:;':;"'~~ 4:::"'1'~: ,,~.' ,.~~e~: I "~~~:, '~,..~;: m~;;::~;];~~~~i ::;~::'l:~ ~;E:i:~, :~~::.!:;'::~~!~::r! rtll...._~. ';""111 ~J'~/' 111' l,.,. ~"~'f ,.. \h. ...t "'" o' ."'~ ,.,..-1 7 ,~Ht "H"- "''''1. n_ b.".~ I',. ~,., II'" cl .,,1" ,ollod 1I,'iS'iNI .". ,.".l. . 11.."",", ..( "" ~l (.., '" t". NlI"1 00 l!I:OIl*fl>fl'l o,,~ c""'ol" I". J. OOUO "0'" I 111).6"" .~,,,,. "") ~f 1""4. _. 0' In. 1~ '.Io<',"'u 1""'''OIl,,^oi, U~. ti~ I^.ul"",., 1,'< ."4 ~h""1n 1'...1"....""..<:",..."", ""~"~ I. '0 .." 'f. \""' 'n" ...",... "I.., oMd "" .", ,"" ... .....,~ " I_ pu,.~ ~.'. _~. (II In .<<o,d;'". ~Il~ "..I"."..... ~\;'''.l."d 0.',,'1 :::;:~:"';~I~:r. ~g~/;;:"'N~~'~1 ~&;..~....:.~':~,l~~~': Ir,:~"j.Hr.~. "'1~ 0, '1(0), 1(0), 1( d, ~. 9. 1U. "". 11 0' lobi.. ,~.. 00', ...... (' I) .........." '0 ,~. ~".'O'-, Sl.l'HI..... I._ ;~.,."..d b. '1,". ~~"'" ""~ "'W .~~ I" .'1.01." '.......10 M \~I. <oIlIII<o'lod ,,,'....,,,.,.J t.",,~<<. c., 'Ill.. \~u, '" ... 0,.,...,,,",,1 ""'ftl"". .. . l."d 0"".,,,, ,.,101"04 In I~. S\ol. 0.1....., '10. ~.Iol'n "'""""i .' 1~'. ""'" d~.. Ml .,cud 'h.' ....,,'~ I. 'o..'f'.~ I~.'.l" &(!lt~=;:;:-;,,-;-- '.. "At T A \ACS'" TOPOGRAPHIC SURVEY" OF 3.0000 ACRES (130,680 SQUARE FEET) OF LAND OUT OF RESTRICTED RESERVE "A", BAYPORT NORTH INDUSTRIAL PARK, ACCORDING TO THE "'AP OR PLAT THEREOF RECORDED IN FIlJ.4 CODE NO. 437010 H.C.....R. AND LOCATED IN THE WILLI A'" M. JONES SURVEY. A-482, HARRIS COUNTY, TEXAS. DA TE: MARCH, 2007 SCALE: .1" = 50' 4E CENTURY ENGINEERING, INC. "71 M )( 1" () + C(l.JOtt~l UllOH---!>(lO' :;(: IU'!>.&. to:\SV"""\OOU+l-<;:;I, 'ltM""",\~",,,'J ,,,"',",n..; G> I ........,...._($.1IOIIl " ." '0, .. ~ . ~J;-f<... .c~~.....,... ~-~,-- ~- :\---~-~~--~--- '. ~, "'~, '"7... '. -. ." -s, <b ~"r -'<t~ .r~ "'" ,*,~li$":; ...~+ '. "'~.i ..=-~ \ 'i ICI~--= ,c)~(:..." .;:7+- " ",-- - ~-!t . #.... ~'" ...." , .~~ ~.. .....>--:. . ,.,...e -~ '.. ",,- \! ~"-\I\'\ I,~"-\ !_ _\_\-:-:-I-i \- ,-1- -\-1-\-\-\- _I ~\-\-\-\-\-\-\ \~ ~\-\-\~\-\~ -\- -\ \_\_ _,,-\-1\-\-\ \~, \ _I _. \ _. \ ~ \ -,ti- \ - i - ;: \ \ 1 , ' \ \ \ ~'\' \ \11 \ - 1 - \ - \ - 10 \ - - \ <I" \-;\-;\-;\~I-\', \-;1-; ,_ i-'.--\- ~.! \-,-' J \- _\-'-il~\~\~\-\"':"" -.... ; \ -\ '.r,- \ -:"""~- \ ~ \ -\ \ -\ \ i- ..-"\-',-1-\- - - 1 ' ,e' I ," I . , \~ia-;- \li\-\ -\ 1-; \-;\-; -;,-;-,-;--; -;-\-;- '\ \~ j~? \~~"'J ~" 4(:., '%: * ~j i \ \ \ r:.~ ~~~ ~~ r-+~ , r...... \ I \I~ \ I \I! ~:'-1\~ , I~ , o ......~ '\ .. o - ....... - ~ .JJ l!l ;ill s. '"l _0( '\.. o '\ ~ ;l\~ I~I r --------- +-.'b '\- -, a J;> rn x :I 6i =i cP \ f\i - -.l!' \ .,. ~ ~ ~ \ ,- '\~ \\ I \ I- I . I \1 \., ~It\ , \- . \ \ 1. lik i\ ,.n hi \ 'r ~ \ \- r~' .Il~~ \- ~'!r.. \ ~'~', 'I ~,~'1) ,- ~i ' \ r 1 \- I " ,.....,~ I I- I . \i, I" \ \: \i I \ +~i MEW co<Nll" """" (10' IIOIIl ,,;~ {;~, _ "\ -;- _ .......:;L- _ _ - 4;- --1 ' ~~r---------------~-' ~ i V' \ · i~ h,m ~ \~ (') ..~,'il' I ~ t t II'< ~ j I ,; ~ '< ~\ ~~~!i~ !I \tl Ql \\' t Q) ~ T .D.Wi\\iarnson 0- -0 New Ce~"'ihJry Drive Pasadena, TX JC~ ~.!k~~~ ~ ~'.'~'. . ' ~ '! ~ .. ~ ~ -~- ~ ~ 9 '!' __ It: ... -.. ".. .. (J I - '" :; '" ... ;~ z:J ~ ~ ~ MAY-I0-2007 THU 11:50 AM FAX NO. PI 12 -EXHIBIT en paga 1 of 2 RULBS A>>D REGULATIONS ~y portion of Land constituting a gtrip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 2251 or State Highway 146 shall be subject to the !ollowing rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit \fA" which is adjacent to Fairmont Parkway, State Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land 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 ter-ant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved publio rights-of-way. . Freestanding id~ntifica.tiQn signs for multiple businesses shall not exceed 350 square 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 La.......d adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existir.g pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 145 ahall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the develop~ent. Existing trees shall, together with other vegetat:ion and underbrush, create a continuous visual screen. b) The use of earthen bertns with approximately 3: 1 side slopes, SO' wide at the base and 8' high. The berms reay be landscaped with a COmbination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. MAY-10-2007 THU 11:50 AM FAX NO. P. 13 -l!IXanI'l' C. Page 2 of 2 c) A SC'l:eening plan, to be approved by the City, that includes a combina.tion of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, orea.te a continuous visual scteen. Provided, however, in PUblic utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable 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 impz:ovements except for approved driveway access and identification signs. Fer cases of new development or improvements where a 50' landsca.pe easement is not a.vailable or practical, Company shall meet with city to determine a suitable landscaping alterna.tive. 3. Driveways opening from said strip of land onto state Highway 225 or state Highway 146 sball be suhject to the rules and regulations of the Texas Department of Transportation and p~ovisions of the City's Code of Ordina.nces, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and xegulationa of Harris County and p::ovisions of the city's Code of Ordinances, 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 Fairmo~t parkway shall be subject to the approval of both Harris County and city.