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HomeMy WebLinkAbout2007-IDA-100 AirGas Dry IceORDINANCE NO. 2DD7-IDA-1DD AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AfRGAS DRY fCE, A GEORGIA CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2DD$, AND ENDING DECEMBER 3'I, 2D'i9, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. AirGas Dry Ice, a Georgia Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof far alI purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La I''orte, 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, piece and subject of this meeting of the City Council was posted at a place convenient to the public at the City Haii of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered a,.d formally acted upon. The City Council fu iher ratifies, approves and confirms such written notice and the contents and posting thereof. Section ~. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED and APPROVED, this 99th day of May 2008. CITY OF LA PORTE ~~ Alton Porter, Mayor ATTEST: Martha illett, City ecretary APPROVED: ~l ~~ Knox Askins, City Attorney N0. 2007-1DA- ~®~ § STATE OF TEXAS ~ COUN'T'Y Off' H1~tRTS § INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTS, TEXAS, a municipal carporatiryn of rr~s County, Texas, hereinafter ca~.ed "CITY" , and ~ ~ ~~'-~,~ S ~~ ~[~ a ~Gid(~,4~ corporation, hereinafter ri~~ ~ a~ ~Frnnirnnxrv+~ `_ JJ W I T N E S S E T H: WHEREAS, it is the established policy of the City Council. of the City of La Porte, Texas, to adapt 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, axzd 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 Ind~.strial 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 "nistrict", such Ordinances being in compliance with tha 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 Exhibit "B", which plat describes the ownership baun.dary lines; a site layout, showing all improvements, iri.ciudin,g pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; axxd 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 Gity and recorded in the official minutes of said City: ~'TNAL DRAFT: November lj 200'7 1 NOW, THEREFOR, in consideration of the premises and the mut~.~.al 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 tern of this Agreement, provided below, and subject to the terms anal 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, ar 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 covenar~.t, agree ar.d 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, 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, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 140E wide and contiguous to either Fairmont Parkway, State Highway 225, ar State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; az~d pzavided, 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 Cade, the Texas Clean Air Act, the Texas Health ~ Safety Cade, or other federal ar 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 herete~fore 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 6Sth Texas Legislature, Regular Session, 19'79, as amended}, the appraised va7.ue 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 na authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unax~.nexed 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 far "in lieu" payrrEent 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. The properties upon which the "in lieu. of°' taxes are assessed are more fully described in subsections 11 2, and 3 of subsect~.on C, of this Paragraph III (sometimes collectively called the "property"}; provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of dec. 11.31 of the Texas Property Tax Cade is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall net be entitled to an agricultural use exemption for purposes of camp2a.ting "in lieu of taxes" hereunder. B.. On or before the later of December 31, 2008, or 30 days from mailing of tax bill anal in like manner on ar before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on. Company's Property as of January 1st of the current calendar year ~"Va.lue Year" } . C. Company ,.and City. agree that the followir~.g percentages ("Percentage Amount!°} shall apply during each of the Value Years: Value Year 2008: 62% Value Year 2009: 62•°s Value Year 2010: 62% Value Year 2011: 62% Value Year 2012: 62% Value Year 2013: 52% Value 'Year 2 014 : 63 % Value Year 2D15: 63% Value Year 2016: 63% Value Year 2017. 63% Value Year 2018:• 630 Value Year 2019: 53% Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of . 3 1_ percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land acid improvements which existed on January 1, 2048, and each January I thereafter of the applicable Value Year during the terFn of this Agreement, (exclud~.ng amounts which would be sa payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies}, had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Cade; and 2. {a} ©n any Substantial Increase 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, 2007! resulting from new construction {exclusive of construction in progress, which shall be exempt from taxation), far each Value Year- following completion of construction in progress, an amount equal to Twenty-five percent (25Q), if constructioar~ is completed in Value years 2408 through 2413; and Twenty percent {20%), if construction is completed in Value years 2014 through 2©~.9, of th.e amount of ad valorem taxes which would be payable to City if all df said new construction had been utithin the corporate limits of City and appraised by City's independent appraiser, in accordance with the appl~.cable provisions of the 'texas Property Tax Code. In the case of new construction which is completed .in Value Year 2016 or latex, and provided, further, that City and Company enter into an Industrial ~]istrict Agreement after the expiratio~z of this Industrial District Agreement, then, and in such events, such new construction shah. be entitled to additional Value -Years under the new Agreement at a Twenty percent (20%} valuation under this subparagraph (a), for a total of six (6) Value Years, but not ext~x~.dincg beyond Value Year .2422. {b) A Substantial. Increase ~.n value of the Land, improvements, and tangible personal property (excluding inventory) as used ire subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i . at least Five percent ( S o ) of the total. appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,540,044.00. 4 For the purposes of this Agreement, multiple projects that are completed in a value Year can be cumulated to arrive at the amount far the increase in value. (c) If e~cisting Property values have depreciated below the Property value established on January 1, 2047, an amount equal to the amount of the depreciation gill be removed froth the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an a~ndustrial district of Cityr including, without limitation, inventory, (including inventory in a federal k'orea.gn Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on LTantzary 1, 2008, and each January 1 thereafter of the applicable Value Year fluxing the term of this Agreement, {excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies}, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 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 determined by appraisal by the Harris County Appraisal I]istrict.. 4. Notwithstanding the alcove, should City elect to grant the freeport inventory exemption ahthorized by Article VIII, Section 1-j of the Texas Constitution axed Section 11..251. of the 'Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Furthez, should inventory or any other class ar type of property become exempt froth taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 12,253 of the Texas Property Tax Code}, such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the Continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. S 5. City and Company ackzzow~.edge circumstances might require the City to provide emergency services to Company's Property described an Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is nat a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to CompanyFs property, and to which City agrees to respond. If Campa.ny is a member of LIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. 'this Agreement sha11 extend for a periad beginning on the 1st day of January, 2008, and continuing thereafter until December 31,, 20.9, 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 fnr an additional periad or periods .of time nn or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. Zn 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 Te~tas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January Z, 1.994, 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 obligatio~.s an City in connectioxx therewith after the annexation of such .and, Company will waive the right to require City to comply with any such additional restrictions or obligatians 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, ].994. 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 net extended by agreement between City and all of the owners of all land within the District of which it i.s a part. VI. A. zxF. the event Company elects ta.pr~test the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year ar years during the terms hereof, nothing in this Agreement shall preclude such pretest and 6 Company shall have the right to take all legal. steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B}, 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 tb) 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 sha11 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 gayment due hereunder, or City shah. make payment to Company of any refund due, as the case tray be, 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. (2 D} calendar days of receiving City's invoice, give written notice to the City of such disagreement. In the event Company does not gave 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 Earth 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 ]. of this Article vz (s) . Notwithstanding any such disagreement by Company, Company agrees to pay to City ozx 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 laeu° payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes° thereon for the last preceding year, whichever is higher. 7 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 arbitrs.tar in 1.0 days, the parties will join in a written request that the Chief Fudge 'of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, {as the "impartial Arbitratorsr) 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 (Chapter 171, "General Arbitration', Texas Civil Practice and Remedies Code}. 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 lzen 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. VTTI. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors ar~d assigns, a£fi}.iates and subsidiaries, and shall remain in force whether Company sells, assigns, ar in any other manner disposes af, either voluntarily or by operation of law; all ar a.~ay part of the property belonging to it within the territory hereinabave described, and the agreements herein contained shall be held to be covenants running with the land awned by Company situated within said territory, far so long as this Agreement or any extension thereof remains in force. Company shall gzve 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 Agreemeza.t. IX. It City enters into an. Agreement with any other landowner with respect to an industrial district ar enters into a renewal. of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which coxztains terms and provisions mare favorable to the landowner than those in this Agreement, Company and its assigns shall. have the right to amend tha.s Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, arzd net unduly restrictive of Company~s business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jur~.sdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words,, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement. shall not be affected thereby. xr. Upon the corr~mencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said T,and shall terminate_ xza. Notices by a party to the other party hereto, shall be mailed or delivered as follows:. To the City of La Porte; 'lo Cat~pany City Manager City of La Porte 504 Wast Fairmont Parkway La Fort , ~x 7757. ~ ~ ~~~~ Attezztion: E~.iL~epa t~nt p~g ... .. Company shall promptly notify City of any change of ownership of Froperty, any assignment of this Agreement, and of any charge of billing address. Company shall notify City annually, on nr before June 1, of any changes to the following information: 12!14/2007 14:00 7136761167 punt Manager N3itie Address: Fhone: Fax: Email; Tax Agent/BiZZa.ng Contact Name; Address: Phone: F'ax Ema ~..1: ~1 ~ • ~ ^S °o ~e~[ /2/`7 ~A O r1~_. Tn 77371 ENTERED INTO effective the 1st day of ,7a~~xazy, 2008. gY~ ATT T : ~- Sy: c~. y ° ecretary APPR ~ ~'cv~l' ~riQ3t W , Ask n Citx Attoxney City o~ I,a Porte P.O. Bow 12,8 La Porte, 'TX 77572-7.218 291..471.18 86 2&1..~7~..20~7 ~aac ]:noxaskinst~comcast . x~et By: 10 AIRGAS DRY ICE CITY OF LA ppR'I'E 64g West Fazrmcsnt Parkway I,a Porte, TX 77571 PAGE 01 ~ City Manager STATE OF TEXAS ~ COUNTY Off' HARRIS § This instrtx~tent eras acknowledged before me on the ~ ~~day of aoo~, by v ®~ of j~ ~ ~ corporation, a corporation, on b alf of sa~.d entity- , ~~ N ry Public, State f T s ?~~~Pf~ti ~a~~E a.. oot~frrY Yi *= MY COMMISSION EXPIRES ;~, ',~"` SeptaRlbBr 13, 2011 STATE OF TEXAS § COUNTY Off' HARRIS § This rostrum nt was acknaw~.edged before one on the ~Q~da of Y 200 ~ , by Alton E, Porter, Mayor of the City of La Por e, a municipal corporation, an }aehalf of said entity. ~~~~ ~~~ mot y Pub~.~.c, State of Texas SHARON ~ My Com~niasian Sepsember 12, 2004 ~~~,.~' 11 ~EYIiZBIT An (Metes and Bounds Description o~ Land} 12 Ordinance 2007-IDA-100 AirGas Dry Ice Exhibits A HCAD#OG4-223-000-0006 & OG4-223.000--0106 "E3LHIBI I' H n Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, iza.elu.ding pipelines and railroads, and also showing areas of the Land previo~.sly annexed by the City of La Porte,} ~3 ~r 3 _ ~ Tom-' N f W TE s ~ `~ ~ + a ` k ^ '~` ~ a ~ ~ 'e9 ~ r ~ l '~~ ~ e ~~. x -. ~v~S" - ,Y '.~ ~ '~ x try k~ "_ s ~ e ~ ~ ~- ..~ . '~, ~~.~~ r ~ ~ 4 ~.. r~ ~~ t f~~ sp 4~ ~'' " ,~~.~ ~ ~ ~~'~ ~ BMW y{€~^, ~ `( d ~ j ~ M.. d +~{~ ~~ .S i*..~~ ~4,."`, { zx. ~a .,,w „ ~'~- ~ I, a e`ro ~Lry, 7 ~' ~ 4~ ~~ ~ ~*, .r,~r ~~>; 3~E ,-can ~- `"~ r k'- 'y$:'~i Y"'kt , . ~rY'x ~ ~-.~r Fr _~~~ ~ -~ ~t~ ac ' "' s'S :air '~C-. T , ~ ~ p a.. > ~ " ~Tx, s ~'' Diu 4F. {~ -: ~"~` t•- i k i ~S-~Y, ,Tt~ '.~~~t~~r' ud~a+~c.~ ~'~w kx'`~j~Y: l~j}~: ~;; ~~1%r ~ { 'M ~', Rte` - ~ ~ s ~ ~~~~b 4' f ~ ~1~-~, ~~ 4 r _ " f ; `#"~~ tau ~£'~' L r. ~° ~ ~ ~ ~ , `~ ~~ ~~{~„~ s~' ~ ~~1~ - ~tx ;~ use' m - a ~.y, ~ ~ sue"-~£~i,3~~ ~ xx tw v ~ '~ ~ .~'h= ~ ~ ~' ~~~ ~.~ =-~''s ~. ~ :. ~. ~ ~` , ~i +S Gaya ~.. ~",, q r3. ~ ~ ~~;`~ ~ aY ~, ~ ` ~, ~ 3~7?gr`-' k ~a ~~ ~~ iii ~~ -_ ~~b ~~~~~. ~-~~~ ~ ~ ~°~-~ ~ - r ~,r~_ ,c` ~ ~~~~§'~ ~5.. _ .-'ice _ ~M -~ .'~~~.~ ~5'a ~~ _.9?` ~ ~$t_"~.. "EXIiIBI~ Cn Page 1 of 3 RULES ANA REGULATIOPIS Any portion of Land constituting a strip of land 140' 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, 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 "A" which is adjacent to Fairmont Parkway, State Highway 225, ar State Highway 146. 1.. Any sign erected in said l00' 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 far single tenant buildings shall not exceed 150 square feet in area. 1 One freestanding identification sign foz identifying multiple businesses is allowable at the intersection of improved public rights-af-way. • Freestanding identification 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, (lo} .feet from property lines. 2. When. Land adjacent to said x.00' strip is developed, the initial SO' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the fallowing techniques: a} Leaving in place existing trees, vegetation, underbrush, ~ete_ to provide a thorough and effective visual screening of the development. Existing trees shall, together vrith other vegetation and underbrush, create a continuous visual screen. 14 EXHIBIT C~ Forge 2 of 3 b) The use of earthen berms with approximately 3:~. side slopes, S~' wide at the base and 8' high. The berms may be landscaped with a combination. of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the pxoperty owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground covex that after S years gxowth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen., provided, howevex, 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 b and c above, the actual 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. Iza. all cases the SO' strip, along the entire roadway frontage, sha11 be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs_ For cases of new development or improvements where a 50E landscape easement is not available or practical, Company shall greet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in adda.tiori. to the other recpa.irements of these Ru~.es and Regulations, Company shall dedicate to City by Plat a ten foot (la') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot {5fl'1 .landscape easement. The pedestrian easement shall not be within any pipelzne facility, except for necessary crossings. 3. driveways opening fxom said strip of land onto State xighway 225 or State Highway 145 shall be subject to the rules and regulations of the Texas Department of Transportation and pxovisions of the City's Code of ordinances, whichever is more restrictive_ Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations cif xarris. County and provisions of the City's Code of Ordinances, whichever is more restrictive. 15 ~~~€IBIT C~ Page 3 of 3 4. driveways opening from sand strip of 7.and onto 1~airmant Parkway shah. be approved by the City and may require the instal.latian of separate acceleration/deceleration ~,anes. 5. installation of a median crossover on Fairn3ant Parkway shall be subject to the approval. of both Harris County anal City_ i~ 12/17/2007 15:29 7136761167 ;~ Plax~.t Manager Name: Address: AIRGAS DRY ICE ~J~s o gnu /2/ 7 '775 ~ / Email: ~ ~ Tax Agent/Billing Contract Name: .Address: Phone: Fax : •~ ~. Etna~.l ENTERED INTO effect~.ve tike 1_st day of Jan~.ary, 2Q08. Hy: ATTEST: gy: City 5ecxet ry AFPRO Knox W. Aa s City Attorney City o~ La Ptirte P.O. Box 1.218 La Porte, TX 77572-~.2~,g 283.,471.1.886 281.471.2047 fax knoxasl~ins~comcast.net By: 10 OF' LA on E . br CITY OF LA FORTE 604 west .Fa~.rrc-ont Parkway i,a Porte, TX 77571. PAGE 01 gage 1 of f Powell, Kathy From: Eric Johnson [Eric.Johnson@Airgas.com] Sent: Wednesday, May 07, 2008 2:53 PM To: Powell, Kathy Subject: RE: Airgas Carbonics is based out of Duluth GA.. Thanks....E=ric '-'~~'-~~ Eric Johnson ~ Plant Manager ~ Carbonic 111900 Strang Road I Laporte, TX 7757 J 281.471.4259 (o} ~ 832.506.5498 OO 1281.471.8101 iefaxJ From: Powell, Kathy [mailto:PoweIIK@laportetx.gov] Sent: Wednesday, May 07, 2005 12:19 PM To: Eric Johnson Subject: Eric, It has been a while since we last corresponded; I received your letter of intent to sign the at#ached contract but I never received the original signed contract from Air Gas. I am requesting that you mail or deliver the executed contract to the City of La Porte. Kathy Powell 604 W Fairmont Parkway La Porte, TX 77571 281-470-5048 (direct line} 281-470-5008 (fax) 5/7/2048