HomeMy WebLinkAbout2007-IDA-103 GSL Partners Sub Seven (4607 New West)ORDINANCE NO. 2007-IDA-103
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH GSL PARTNERS SUB SEVEN, LP, A TEXAS
LIMITED PARTNERSHIP (4607 NEW WEST DRIVE) FOR THE TERM COMMENCING
JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, 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 PORTE:
Section 1. GSL Partners Sub Seven, LP, a Texas Limited Partnership (4607 New
West Drive) 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 for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 17th day of December, 2007.
CITY OF LA PORTE
Alton Porter, Mayor
ATTEST:
Mart a Gillett, City Secr tary
APPROVED:
Knox Askins, City Attorney
NO. 2007-IDA- 103 §
STATE OF TEXAS §
COUNTY OF HARRIS §
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris Count ,
Texas, hereinafter called "CITY° , and C-iSL -RQy+nas buQ> S6tEN � ff�
a 11r'r1 Ae-6 hereinafter
called "COMPANY
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances -being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as 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 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:
FINAL DRAFT: November 1, 2007
I
NOW, THEREFE?RE,: 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.
im
City covenants, agrees and.guarantees that during the term of this
Aggreement_, provided; below, and subject to the terms and provisions
Of- this Agreement., said District...shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent 'that the same covers the .Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. 5ulbject 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 dying within said; District and
not now within the corporate limits of' City,,: shall be. immune; from
annexation. by City during the germ hereof {except ashereinafter
provided) and shall have no right, to have extended to it any
services by city,, and that all Land, including 'that `whi dh has been
heretofore annexed., shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (W 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 1001 wide and contiguous to either Fairmont Parkway, State
Highway 22.5, or Bt'ate Highway 146., shah be subject to the rules
and regulations attached hereto as Exhibit "Ctt 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 laws, rules or regulations,,. to the same extent
and to the same intent and effect as i'f, all Land covered by this
Agreement were -.not subject to the Agreement.
ll.
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
pe:rsozal property.
Under the terms of the Texas Property. Tax. Code (5 _ T3 = OZI , Acts of
the 55th Texas Legislature, Regular Session, 1979, as am, ended)!.
the appraised value for tax purposes of the annexed. portion, of
Land., improvements, and tangible personal property -shall be
determined by the Harris County Appraisal. District. The- parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements_, and tangible personal property in
the, unannexed area, for the purpose of coriputin5 the "in lieu'r
payments hereund:er.. Therefore, the parties agree that the
appraisal of the; Land, improvements, and tangible �personal
property
roperty in the unannexed area $'hall. be conducted. by City, at
City's expense, by :an indepEindent appraiser of City.,8: selects ection..
The parties recognize that in making. such. Appraisal for: Pill 11'eup
payment purpos", such appraiser must of necessity appraise the
entire re (annexed and unannexed) 'Land, improvements, and tangible
personal property.
bathing herein contained shall ever e . r be interpreted as lessening
the authority of, the Harris County Appraisal District to. establish
the appraised value of Land, improvementsf and tangible person
41:
%property in the annexed portion, for ad Valorem tax purposes,.
A. The properties upon Which the 'Fin lieu of" taxes are: assessed
are more fully .,described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III {sometimes collectively called the
, ":Propertyn); 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 Proper Tax
Code is exempt from! ad valorem taxation
axa�tioxi and "in lieu of taxes"
hereunder. Property 'included in this Agreement shall not be
entitled to an. agricultural use. exemption for purposes of
computing "in lieu,of taxes" hereunder,.
11. on or before. the later, of. December 31, 2008, or 30 days from
mailing of tdx:blll and.in like manner on or before each December
31st thereafter, through and including December 31, 2019,,Company
,shall pay to City, an amount, of. ."-,in lieu., of: taxes" on Companyls
Property as of :January 1st of the :current calendar year "Value
Year":)
.C,.: Company :and City agree that: the following percentagesPercent acre Amount") shall apply duxing each of the . Value Years:
Value
Yeat
2 0 OZ.-
620
Value
Year
2 009::,
6.21;
Value
Year
2 {310
621.1
Value
Year
2911:-.:
620
Value
Year
2.012,-:
6 2 *k
Value
Year
2013: ,v
6 216
value
Year
2 024 -
63-%
Value
Year
2 0 150-.:
613;t
Value
Year
2016:
630
Value
Yeat
2 017'-
6 3:
Value
Year
201,8.-
63%
Value
Year:
2015:,
63k
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
1. Percentage _4,mount of the amount of: ad valorem taxes
which would be payable to City if all of the Company'4 s
sand and improvements which existed on January :1., 20081
and each January 1 thereafter of the applicable value
dear during theterm of this Agreement', (excluding
amounts which would be so payable with respect, to any
Substantial increase. in.. value of such Land and
improvements to which subparagraph Z, below applies),.
had been within the corporate limits of City and
appraised each year by City ;,i -js ndependent appraiser, in
ccordance with the applicable provisions of the Texas
Property Tax Code; and
� On an ,. {a) y Substantial 'increase 3n value of the sand.,
improvements, and tangible personal property
excluding inventory) dedicated t.o new
constructioni, in excess of the appraised value of
same on January 11 2007, resulting from new
construction (ekclu:sive of construction in
Progress, which shall be exempt from taxation) ,
for each Value Yeare following completion of
construction in progress, 'an amount equal to
Twenty -'five percent (25t), if 'construction is
completed in ' 'Value years 2 0 0 8 trough 2 013 ,• and:
Twenty percent: (2W*) . if construction is completed
in value years 2 0 14 through 2 019 , of the amount of
advalorem taxes which would be payable to City if
all of said new canat3tuction. had been within the
corporate limits of City and appraised by C.ty's
independent appraiser, in accordance with the
applicable provisions of, the Texas Property. Tax
Code.
In the case of new construction which is compl,eted
in Value Year: '2416 or later, and provided,.
.further, that City and Company enter into an.
industrial DDi.stri.ct :Agreement after the expiration
of this indistria.l District Agreement, them and:
i:n such events; such new construction shall be
entitled: to: additional. Value Years under the `new
Agreement at a Twenty: percent (20o} valuation
under this subparagraph (a), for a total of six
(6') value Years,. but not extending beyond Value
Year 2022.
(b) A Subst;aritia:l Increase in value of the Land,
improvements, and tangible personal property
{excludinginventory) as used, in subparagraph 2: (a)
above., is defined: as; an increase 'in. value that is
the lesser of either:
1. at least Five percent (5`u) of the total
appraised valve of Land and improvements:, on
January '1, '2 0 0 `7 & or
ii. a cumulative value of at least $3,500,000..00.
M
For the: purpose's 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 Jabuary .1, 2007,
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 L7anuary
1, 2007, value., and
3 Percentage .Amountof 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 'industrial district of City, , including,;.
without limitation, inventory, (including: inventory in:
a federal Foreign,. Trade Zone and including Freeport
exempted inventory), oil, gas,, , and mineral interests,
items of leased equipment, railroads, pip,eline.s;, and
products in storage located on the land, if all of said
tangible personal property which existed on January 1.,,
2.008, and each January l thereafter of the applicable.
Value Year during 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 eachyear by the Cty�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.D;istrict.
4.: Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized_ by Axt.icle
VIII, Section 'I-j of the Texas Constitution and 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,:.
Further, should inventory or any other class or type of
property become exempt from - taxation by constitutional
amendment or act of the Texas Legislature. (including,,
but not limited to, Article VIII, Section. -n,,. of the
Texas Constitution .and Section �.1..2s3. o the Texas
Property Tax Code) such class or type of property
shall be exempt. for purposes of. tha:s. 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.
A
5. City and Company acknowledge circumstances might
require the City to "provide emergency services to
Company's Property described :on Exhibit "A" attached
hereto. Emergency' services are: limited to fire,,
police,, and public works emergency services. if
Company is not a member; of Channel Industries Mutual
AidAssociation (CIMA, Company agrees to reimburse
City, for its costs arising out of any emergency
response requested, by Company to Company's property.,
and to which City agrees to respond. If ;Company .s .a
member of CTMI: the obligations of Company, and City
shall., be governed by the CIMA agreement, to which
agreement City is a party,
IV
This Agreement shall extend for ;a period beginning on, the 1st day
Of January," 2008, and. continuing thereafter until December 3'3
2019, 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, 20.191 the agreement of
City not to annex property of Company within the District shall
terminate.. Tn that event; City shall have the right to commence.
immediate annexation proceedings: as to all of Company',s ,property
covered by this Agreement, notwiths-tanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas 'Local Government: Code, is amended after January 1* 1994, or.
any new legislation xs thereatter "enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes' further
obligations on, City .in. connection t-herewith after the annexation
Of such land, Company will wave 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 .i unlc.ipal Annexation ,act as the
name existed January 1, 1994.
V.
This. Agreement may extended for an additional period or periods
by agreement between City` arid.- Company and/'or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the Distri'ct of which It. is a part.
v� ..
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 year's during the terms
hereof, nothing in this Agreement shall preclude such protest arid:
6
Company shall brave the right to. take all legal steps desired by it
to: reduce the sarfie.
Notwithstanding such protest by Company, .and except as otherwise
provided in Article Vx (B) , Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total
of (a) the total amour!t of ad valorem taxes on the annexed.
portions, plus (b) the total amount of the "gin Lieu of.: taxesn on -
the =annexed ,portions of Co�tpanyI s hereinabove. described property:
which would be due to City in accordance with. "the foregoing
provisions of this Agreement on the basis of renditions Which
shall be filed by Company`..
When the City or Harris County Appraisal Distract (as the; caste 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 a's the. :result of other. final conclusion
of the: controversy, then. within thirty (30) days thereafter.
Company shall make payment to City of any additional "payment due
hereunder, or. City shall: make payment to Company of any refund
due, as the case may 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 11
above (which shall be g'iv ex in writing to Company), Company shall.,
within twenty (20:) "calendar days_ of receiving city's invoke, give
written notice to the City of such disagreement:. In the event
Company does not give such written: notice of disagreement within
such time. period, "the appraisal made by said independent appraiser
shall be final and controlling ,for purposes of the determination
of nin lieu of. taxes" payments tabe mane under this Agreement,
Should Company give such notice of disagreement,. Company shall
al:°so submit to the City with such notice a written. :statement
setting forth what Company believes to be the market value of
Company's 'here nabove 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. Hain Lieu"` purposes hereunder:. 1f,. after the expiration of`.
thirty (3"0) 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'
VIM),
Notwithstanding any such disagreement by Company Company, agrees.
topay to City on or before December 37 of each' year 'during the
term hereof, at least the total of (a) the ad: valorem taxes on the
annexed portions,,. plus (b) the total amount of the ,in, lieu."
payments, t4hich would be °due hereunder on the basis of Company T s
written valuations statement submitted to :City by Company
hereunder, or the total assessment and "in lieu ;of taxes" there-
for .the last preceding year:, whichever is higher.
7
1. A 4oard 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 wili join in a
written request thatthe Chief fudge of, the U-S..
District Court for the Southern District of Texas
appoint the third arbitrator who, {as the "Impartial
Arbit`ratar"3 shall; preside over the. arbitration
proceeding, The sole issue to be determined .n 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 u1n. lieu"
payment -and total payment hereunder for the year in
question. The Board shah: hear and consider all
relevant" and material evidence on that issue iziclud.ing
expert opinion, and shall render its written decision
as p.romptly 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 lien. on company"s above described:
property, all improvements" thereon;, and all. tangible personal.
property 'thereon:,. in the event of default in payment' of "in lieu
of takes" payments hereunder, which shall accrue penalty' and
interest in like 'manner as deiinquent taxeas;, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes:
VITT
IX.
it city enters into an Agreement with any other landowner, with
respect to an industrial district or enters into a renewal of any
13
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 those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
Km
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,
and not 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 jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be -independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
deliveredasfollows;
To the City of La Porte:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: C`tSL (� neyS SU9b 306N,LP
(COMPANY)
Attention: Department
�S 58 (ales Gnn
71 CL-2
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
9
'?(T
-plan t� Mai 4ger
NaMe:
Addr, e"s:s
Tax Agent/Billing Contact
Name.,
Address.-
ENTERED'0
:INTO effective the ist day of January, 2 G
BY, . — Z ,
Name:
Title .-_ rnc �UA�xrf-�
Address: )
ATTEST: OF IA PO
ter`
BY
4Ci ya QS e &cr(- e �ta r- E. Porter
f
City Attorney
City of LaPorte
P.O. Box 12,18
.La Porte, TX 77572-1218
2: 8 1. 47 1.; 18 BE
2"81.471.20471
knoxaskinsgcom.cas,t - Ilet
BY .
Aesietaat.. city manaiger
CITY OF IA POPIT4
604 West Faixtnont Parkway
La Porte, TX 77571
IRS
10
i
STATr3OF TEXAS
STATE OF TEXAS,
COUNTY :OF HAIWS
This instrument was acknowledcred before me on the day of
C 'l f! zoa by.' Alton F,. Pvztex, Mayor of. the City of La
Porte, :a municipal corparation:;, on behalf of said entity..
Notary Public, State of Texas.
'""° WMTHA GR UTT
My COMMIssion Expires
August 22, 2009
11
EXIM911 A
LEGAL DESCRIPTION OFTHE LAND
METES & BOUNDS DF-SCRIPTION
6,9170 kom WN0. 010
REStRICTeD RESEVE '0`
apfPORT. NORTH INDUSTRIAL PARK
AS thqk certain .89179 acres of land being out of Raildclet! Peffarva 'C'. 8a� part Narth Industrial park
according to the plat "thereof -filed at AM cMa: Na, d37md, karffi..CounEy Vop Rocoe4l,, dim being W
of that: cartaln cabd tl�0.4334 acre tract . of land dcutliti4d 1m:13, deed 110111d '11 1,kOB-1900 tram Dort L.
TWI, Trustait 10 DayWAddh Induatf.161 flgrlsi Lp, NIWfor rpcord. In the Jjfftlai Mbfft Ftacmriih Pf Real:
Property of MarAs.Caunly, Taiiam, at Clarli:'s FVii No. 0-07453% Film COdit NO. 529-16_Vq!31 6611 that
cert4tri tailed 45,59 a4r&..trcc1 of land deacylbed In: o 'davd dialed tram.. Dan.1- Tuffil. Trusilac
' . . . f
16 Park. LP. filedfiledtar "record In thisOffialot Publlc Records nj fti@p ropvihr of
s
[crk'a File 'No. U-07-1536, Plfm tads No: 9 6 b*ing Toro parl,culorly
dazCribe,r by motes arts Hounds as follows.
SMINNING of a tound 5/8' Iran rod frith cap; tri'thr eoil# -of:vuy 11he of RM Wool, 0slycJ60i
We) Int—WiOn , frith the south end of u W,dut :Bask Tutor for lk north if%tit-cf-voy lino Of NOY!
Dvtodc Driva (W. Vde). :411d being the 5014thorly uouthwatitcamor of poll Roserve, 01
,thkkd IKI 47 4W 61- W — 2142% with the uO;d tdt b-6tk li;hk to 43 fouhd,,5}W Itam fad With CUP fair
THENCE -with. the oforamentlonlid OW lji+r iot New WjjI I)r1ye N DY 08 23* W 5411"MV is
d found 5/8'":40h rod Wilin'sup (W COrrlef-,
THENCE In an easterly.d1reetlan N 88' 03' 59' E 540,W. with the north line of said 6.S 170 :acre (tact. io,
a rvupj Str4rom red ,W111;cap for corner
TIME"Ina siouthrity A'Irection S ov .56* OV r 01.0w, WIth "the east [In& of sald:,8:9:179 acre tyoct.,Ia
.6 Jiwnd JiWY rod-lmilth:tap for cornor,
THENdE, with the,plorpmentloned north dght-of-%voy line at Wri Deed . de Drive S 07 26* 41' W .- 5DRAW
to tht PbWT OF'SEMNIN5 and conIcTning 0.917.9 acres (3bl,3343 square feet) of 'Idnd, MOM 43T 16i
t
I-ANDL ORD IMMALS'
TEN.ANrlWlT.1AL$,
n=IBIT B.O
Attach P .at reflecting the 'ownership boundary lines; a
site layoUt,, showing all imprpvements, including
pipelines and railroads, , and also 'showing areas of the
Land previo-usly annexed by the City of La Porte . )
i�
REkHIBIT 'Cn
Page 1 of 3
RULES AM REGULATIONS
Any portion Of Land constituting a strip of land 100' wide, and
contiguous to either Fairmont Parkway, State Highway, 2.25, or' State
,Highway, 1.46 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 i Exhibit "An
which is adjacent to Fairmont Parkway; State Highway 225, or State
Highway 1.46.
I. Any sign erected in said 1:001 :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 pubic right--of-way.
Freestanding identification signs for single tenant
buildings shall not exceed 15.0. square feet in area.
one freestanding identification sign for identifying
multiple businesses ,is allowable at the intersection of
improved public rights -of -way.,.
Freestanding identification signs for mu. tiple
businesses shall not exceed 3:50 square feet.
.Freestand-ng, identification signs shall not exceed 4-5.
feet in height
minimum setback for sign construction. shall be ten (10.)
feet from property lines.
2 When .Land_ adjacent to sa..d. 100' strip is developed.; the
initial 50, of said strip beyond any existing pipeline
easetaen. contiguous to either Fairmont Parkway, State Highway
225; or, ;State Highway 146 shall 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 development. Existing trees shall, together with
other vegetation, and underbrush, create a continuous
visual ,screen.
14
HEXECIBIT CU
Page 2 of 3
b) The'use Of earthen berms
s with approximately 3:1 side
slopes so" wide at. the base and. 81 :high... The berms
.may be 'landscaped with a comb .nation of trees., shrubs.,
and ground cover- All berms and, landscaping will be
maintained by the property owners.
A screening. plan, to beapproved by the City, that
includes a combination Of trees, shrubs, and: ground.
cover. . . t . hat after 5 years growth will be at :least 2,0
feet in height and shall,, together. with shrubs. and
ground .. cover, create-, a . continuous visual 'screen.
Provided, however, wever, 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. ngth. 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-f strip, along the entire roadway
frontage, shall be dedloated 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. 5.,01
landscape easement is not available or practical, Company
:
shall meet- with City to determine a suitable landscaping
a . Itexnativel.
W.
d) ma the case. of land. contiguous to Fairmont. Parkway, in
addition to the other: requirements of these Rules, and
Regulations, Company shall dedicate to City �y by Plat a
...
ten foot wide pedestrian and bicycle easement.,
extending along Company's Fairmont, Parkway boundary,
within'the fifty foot (501) landscape easement . . The
pedestrian easement shall, not be within any 'pipeline
facility, except for necessary crossings.
3. Drivewaysr opening from said strip of land onto: :State, Highway
2,25 or State Highway 146 shall be subject to the rules and
regulations of the. Texas Department of Transportation and
provisions. of :the City's Code of ordinances., whichever is.
morerestrictive
briveways opening from said strip of land onto Fairmont
Parkway shall be'. subject . act to the rules and regulations
Lations of
Harris. County and provisions of the City"s, Code of
ordinancesi whichever is more restrictive-
.15
"EXHIBIT CH
Page 3 of 3
4: Driveways. opening fxom said strip of land. onto Fairmont
Parkway shall be approved by the. City and may require the
installat on of separate acceleration/deceleration lanes,
5: Installation of a median crossover on Fairmont Parkway shall
be subject to the app=oval of both Harris County and City.
16
5858 Westheimer, Suite 800
Houston, TX 77057-5777
Ph: 713 952 7000 gslwelcome.com
Fax: 713 952 5445 snelson@gslwelcome.com
Sequoya Nelson
Property Manager
December 15, 2007
Ms. Kathy Powell
City of LaPorte
604 W. Fairmont Pkwy
LaPorte, TX 77571
RE: Industrial District Agreements
Dear Ms. Powell:
Enclosed are two originals of the new Industrial District Agreement executed by GSL for our properties that
are within the district.
If you have any questions, please feel free to contact me at (713)243-6916.
Sincerely,
DS e aq u 4ovy Ne son
Powell, Kathy
From: Sequoya Nelson [snelson@gslwelcome.com]
Sent: Friday, December 14, 2007 12:09 PM
To: Powell, Kathy
Subject: GSL IDA--Tyco
Attachments: SKMBT C25207121412080.pdf
SKMBT C25207121
412080.pdf (8 M...
This is 4607 New West Drive
----original Message -----
From: copier@gslwelcome.com [mailto:copier@gslwelcome.coml
Sent: Friday, December 14, 2007 6:10 AM
To: Sequoya Nelson
Subject: Your Scanned Documents
Please save the attached files.
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prevent it being marked as Spam.
GSL Industrial
1