HomeMy WebLinkAbout2007-IDA-104 GSL Partners Sub Four, LP ( 11355 Hwy 225)ORDINANCE NO. 2007-IDA-104
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH GSL PARTNERS SUB FOUR, LP, A TEXAS
LIMITED PARTNERSHIP (11355 HIGHWAY 225) 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 Four, LP, a Texas Limited Partnership (11355 Highway
225) 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:
Marta Gillett, City Secr tary
APPROVED:
Knox Askins, City Attorney
W N E S SET H
AREAS, it, is the: established policy of the: City CavnCil of
the City, of La_ Paste; Texasto adopt such reasonable measures
from time t, ,o time as are Permitted by law and which will tepd to
enhance the economic stabilit"Y and growth of the City and its
environs by attr"acting the 1"ocaton of xew and the exPansiQzz of
existing industries therein, and such policy
P y is hereby reaffirmed.
And adapted by this City Council as being in the best interast of
the City and its citizens; and
WHEREAS, pursuant to its policy,
No 72'9, de.signatn City has enacted Ordinance
extraterritorial 9 portoxis of the area located" in its
Jurisdiction as the "Eattle"ground Tndustr el
District of La Porte; Texas", and Ordinance xo. 842A, cien gnat al
portions of the area located in its extraterr torial uesi.gn t an
as the "Bayport industrial
Distract, of La Porte, on
hereinafter collecttively ;valid F'District", such Ordzrances .being
in compliance .e with the Mpnic� alAct r
as Section 42.044, Texas Local Governmentcode;.andTexas, codified
W-HEal D Company is the owner of land within a designated
Industrial n�strict of the City of La Porte, said 3darid being
legally described. on the attached Exhibit "Land"}. and said Land bein more " (hereinafter
"A h aftez
a.t"tached as Exhibit nB" 5 particularly shown: on a pi_at
which play describes. the ownership
boundary Imes; a site la out showing al]mpravement"s, ii1eluding
p�.pe3 y es axed xa Yroada and also ahowin previously annexed by—, the City of La Porte;" nd seas of the Land
WHEREA
of iS City desires to encourage theeepanson and growth
ndustrial plants within said Districtsan for such ose
desires to enter inter this Agreement i�if company P
Ordinance ado ted bCouncilp y Pursuant to
P . y the city"of said City and recorded in
the a"ffieial minutes of said City.
F=AL DRAFT Hove b e:r 1, 2007
M
NOR, TMREFORE, 3n consideration of the premises and the
mutual:: agreements of the parties contaned,heren and pursuant to
the authority granted under the MunicipalAnnexation Act and the
Ordinances of City referred. to above, City and Company hereby
agree with each .other as follows:
City -covenants, agrees and guarantees that during the term of this
Agreement,. provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to reAin. 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. Subject to the foregoing
,and to the later previsions .of this Agreement, City does further
covenant, agree. and :guarantee that such in.d ttr al 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 a1 Land; includis.g that which has been
heretofore annexed, shall not have extended to .it by ordInance any
rules and regulations (a) governing plate 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 140, 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 Exh:"[t "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'aut'horize.d by the Texas Water Code, the Texas
Clean Aar Act,. the Texas Health &Safety ,bode, or other federal or
state environmental. laws, rules or regulations', to the same extent
And to the same intent and, of f ect as if all Land covered; by this
4 eement were not subject to the Agreement.
I!,
in the event that any ;portion of the band has heretofore been.
annexed by City, Company agrees to render and pay frill 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 . 521, Acts _of
the 65th Texas Le at
ure Regular Session, 1979, as amended),.
the appraised value for tax purposes of the; annexed portion of
Land, imgrove�ments, and tangible personal property shall be
de��Brmin:ed by the Ifarris 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 eornputing the "in lieun
2
payments hereunder. Therefore., the parties agree that the
appraisal of. the Land, improvements, and tangible perso4al
property in the %una.4nqrxed area shall be conducted by City, at
City's expense,, b appraiser of Cityl.s, selection.
,..y an independent
The . parties tecogdi.Ma thatin making such appraisal for Firs lieu"
payment purposes, such -appraiser, mustof necessity appraise ' the
entire (annexed and unannexed) Land, i-Tftprovements, and tangible
personal property -
Nothing herein contained shall. ever be interpreted as lessening
the authority of the Harris County Appraisal District, to establish
d the appraisevalue of Land, improvements, and tangible personal
nal
property in the annexed portion, for ad valorem tax purposes -
III.
A.. The properties upon which the ninlieu. of" taxes. are assessed
are more fully described in -subsec.t3ions. j., 2, and 3 of subsection
C, of this Paragraph 11T (sometimes collectively called the
nProperty"); provided, however, pollution control equipment
installed . on: the Land which is eXtmpt 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 ffin 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 ta:kea:,-' hereunder..
B. On or before the :later. :of December '31, 2008, or 30 days from:
mailing of tax bill And in like manner on or before each December
31st thereafter, through and '.including December 31., 2.0I9,. Company
shall pay to City an Amount of '--.in lieu of taxes" on ComPa4yls
Property as of January ist of: the: current calendar year ("Value
Year")
C: Company and City '' ing percentages
agree that: the follow' t
OlPercentage, Amount") shall ap .ply during each of the Value Years:
value
Year
2008
6,210
Value
Year
2009:,
62%
Val-MB
Year
2010:
629.
`Va-lue
year
2 DII.-
6 21 t
Value
Year
2012:.
62
Value.
Year
2013:
6.2-0.
Value
Year
2014:
63!k
Value'Year
2015-
631%.
Value
:Year
2016:
63: . !09
Value
Year
2017t
63-*
Value
Year
2018:
63!k
Value
Year
2019::
630
Company 4g.rees to pay to City an amount. of "in lieu of
taxes" on Company-s :and,. ;improvements and tangible
.personal property in the unannexed area eqaa2 to the sum
of -
3
1. percentage Amount of the amount of ad valorem taxes
which: would be payable: to' cit.y. 44 :all. of the. Company's
Land and improvements which existed on January I , .2008,
and each January 1 thereafter of the applicable: Value
Year during the term of this: Agreeme . nt, (excluding
amounts 'which
ich would be so 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 , Is independent appraiser,. in
accordance with the applicable provisions of the Texas
Property Tax; Code; and
(a.) on 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, .20.07 . resultingfrom. new
construction (exclusive of construction in
progress, which shall be exempt from taixation),
for each Value Years following completion of
construction in progress, an amount, equal to
Twenty-five percent (2.5 *)i it Construction is
completed in value years 2008 through 20,13; and
Twenty percent (20k), if construction is completed
in. Value years. 2014 through 2.019, of the amount of
ad valorem. taxes which would be payable to City if
all ofsaid new construction. had been within the
corporate limits of city and appraised by City's
independent appraiser, in accordance with the
app . licable provisions of the Texas Property Tax
Code.
.In the case of new construction which is completed
in value Year 2016 or later.., and provided,
further, that City and :Company eater into an
industrial Distric
t Agreement after theexpiration
of this Industrial District Agreement, then,. and
insuch events., such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twen ty percent (2:0'-'.:): valuation.
under this subparagraph. , (a) for a tota 1 of: six
(;G). Value Years, bUt: not extending beyond Value
T ear .:2 022.
(b) A Substantial Increase In 'value of the Land,
improvements, and tangible personal Property
,(excluding inventory) as Used in subparagraph. 2fal
:,above, is defined as an. increase in Value that is
the lesser of either.
i. at least Five percent (5-ek) Of the total.
appraised value of Land and improvements, on
j7anua-ry 1,. 2001,1 or
II I a cumulative value of at least $3,500,G00.00.
4
For the purposes of this. Agreement, multiple
projects that are completed "in a,Value Year can be
Cumulated to arrive. at the amountfor the increase
in value.
(c) If existing Property values: have depreciated below
the Property value established on January 1, 2:0- 7,
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, 2067, value and.
3. Percentage: Amount of the; amount. of ad valorem taxes"
which would ;be payable to City on all of the Company r 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, pipelines,, and
products in storage located.on the ,:Land, if all :of said
tangible personal property which .existed on January 1,
20,:08, and each January _I '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
above applies.) had been. within the corporate limits of
City and' appraised each year by the City I IS independent
appraiser; in accordance with the applicable provisions
of the Texas Property 'Tax Code.
wa:th 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 district,..
4. Notwithstanding the above,, should City elect to gram
the freeport inventory exempta�ori authorized by Article
Vm=21, Section 1-j: of the Texas; Constitution and Section
114,251 of the Texas. Property Tax Code to taxpayers
^with;in. the City limits, then the freeport inventory
exemption shall apply to partia.02 to; this Agreement,.;
Further, should inventory or any other' ':class or type cif
property become: exempt from taxation 'by constitutional.
amendment: or act of 'the Texas Legislature (including,
but not limited to, Article VITI Section 1-n, of the
Texas Constitution. and Section 11.253 of the Texas.
Property Tax Code), such class or type :of property
shall be exempt for purposes of this Agreement, unless
the C"ity 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.
Se City and Company acknowledge circumstances might
require the City to provide emergency services to
C,ompany's Property described on 'Exhibit "Ali attached.
hereto_ Emergency services are limited to fire.,:
police, and publicworks emergency services. if
.Company is not a member of Channel Industries Mutual
Aid Association (Cli++l.A'), 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 is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
1V .
This ,Agreement shall: extend for a period beginning on the ist day
of January,. 2008, and continuing thereafter until_ December 31,
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 e-xtended for an additional period or
periods of time on or before August 31., 2019,,the agreement of
City not to annex property of :Company within the District shall
terminate-. In that event City shall havethe right to commence
I
mmediate annexation: proceedings as to all of Company's property
covered by this .Agreement., notwithstanding any of the terms and
previsions'of this Agreement
Company agrees. that if the. Texas Municipal Act, Section 42.044,
Texas Local. Government Cade, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions:on the right
of City to. annex land belonging 'to Company or ..inposes further
obligations on City in connection therewith after the annexation
of such land, Company will. waive the ight to require City to
comply' with any such addi.-Ional: restrictions, or obligations and.
the rights. of the parties shall be then determined an accordance
with. the provisions of said Texas Munic' 1 Annexation Act as the
same existed January 1:, 1994.
V..
This .Agreement may be extended for an additional period or periods
by agreement, between City and Company and/or its assigns even.
though it is not extended by agreement between City and all of the
owners of all land Within the District of which it. is apart.
VT.
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 Appraisa'1 District f;or any year o.r years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all:Iegal steps desired by it.
to reduce the same.
Notwithstanding such protest by Company,: and except as otherwise
provided in Article VT (4) , Company agrees to pay to City on or
before the date therefor here inabove provided, at least the total
of (a) the total arioun.t Of, ad valorem taxes on the annexed;
.portions, plus (b). the total amount of, the: i.n. 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 W ch
shall be filed by Copary.
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 (3,0} 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.appl cable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser se lecteel by City pursuant to Article. Il
above (which shall`be given inwriting to Company), Company shall,
within twenty ( z o) calendar days of recex,�r�.xig City' s invoice, gave
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 yin lieu of taxes, payments- to he madeunder 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 hareinabov'e 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 Conmpany,s property
for "'in lieu" purposes hereunder.. It, 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 (s) ._
Notwithstanding any such disagreement by Company, Company :agrees
to pay to City on or before December 31 of each year during the
term .hereof, at least the total of (:;a) the ad valorem taxes on the
annexed portions,: plus (b-) the total. amoun t of the "in lieu,"
payments which would be. due hereunder on the basis of Company', s
written valuation.-, statement submitted to City her Company::
'hereunder, or the: total. :assessment and 'yin lieu of taxes-11 thereon
for the last preceding year, whichever is higher.
7
1. A; Board of Arbitrators. shallbe created composed of .one
person named by Company, one by City, and a third to be
named by 'those two. In .ease of no agreement on this
arbitrator in 1.6 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 "Tvpartial
Arbitratorw) 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
ArbitrationP Texas C vil 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.
W.I .
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon,: and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and.
interest in like manner as delinquent, taxes, and which shall be:
collectible by City in :the same manner as provided by lair for
delinquent taxes.
V11I ,.
This Agreement shall inure to :the benefit of anal be binding upon
city and Company, and upon Company'a successors and -assigns,
affiliates and subsidiari s, and shall remain in. force whether
Company sells,, assigns, or is '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' herenabove
described, anal the agreements hares contained shall. be held to be
covenants running with the land owned by Company situated within
said tsrr toryr: for so long as this Agreement or aiy, extension
thereof remains: in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
if City enters into an: Agreement with any other_ landowner with
respect to an .industrial district or enters into a renewal of any
8
existing industrial district agreements after tine 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.
X.
The parties agree that this Agreement complies with existing 'laws
pertaining to the subject and ghat 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, rases, c7.ause:s,
sentences, paragraphs, sections, articles or other parts of this
,Agreement or the application thereof to any person, firm,
corporation or circumst-ances 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,.paragrraph, section
e, article
r other part :of the Agreement shall. be deemed to be independent
of and separable from the ;remainder of this Agreement and the
va-lidity 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
delivered as follows
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
Tax Agent/Billing CoataCt
Mame:
Address.
Phone.,
Fax.:
Email:
ENTERED INTO effective the 1st day of. January, 2008.
By.
.ATTEST:--.
:By:
Ci y Secretary
BOX 12 18
La Porte, TX 77572-1218
'2:8, . 1.471,..2047 fax
knoxaskins@comcast. net
Byr
d
CITY OF LA PORTS
604 West Fairmont Parkway
LaPorte, TX 7:7571.
P,
10
STATE OF TEXAS
STATE OF TEXAS'
COUNTY' OF R. Rid Z S §
This; .nstrutt t was acknowledged before me on the day of
GGF 200 by Alton. E. Porter, Mayor of'` the City of La
Porte; a municipal corporation., on behalf of said entity.
.. dam.
Notary uW ic., S ate :of Texas
MARTHA G!{{ETT
MY Ct MMIssion Expires
AtA.10st 12, 2009
$�sFOF f✓9
11.
t
5
y F[''Aitil7' A
naceri ;am of Lad ra jpris�rmecrc
I,
tract of 1sad.ea_Air 1ag S ROOP acre_ ait c` a 3ls.E�41 acre t cc heaTlo.pa � a4
bu
arct cut of a":caller''.81 .1za'.acrm-t.�et or.ai�aliy c`.aca of crn�Rar_i o.uer peke:
Neaauzs L C,$many"` as deycXibed ii Vgluae 23 0. PaSc
--_ ;,�a aCt..ba Harris. C.,ur_y',
rsc�z3s iHCAk). fr. the Enoch gsi=om sucvoyr
is a said.S".RCflO acres: being mare, 1 ,_C416Y4y.dtsxs..ee6 by acc+ �1 a^1tcL-do bs
LaT:e�e:
?a. >13G a tta cst Scufikaast cnrre Of :ssslr �L5.91'ai acre t:a t, came:}eicg Eire
$.=.,%West cd_-ker 6P. a cal::dd �.80�.:st_c,�[i'aCr a5' desc:i2 at�afAeraolliae ofOEcaaCe "�_.
cf.th! i'.a=Cz County De*d.iEccar's, ca c»e 2Fo�cherly - 9
:fradr Which a faucd 5/9-indh•!°n red bears vitrxss at s0utb 19 ;dcyc
s; adn. 34: SeC.: East, a distaAcs. of R.S2 feet;
Kcr=t ft: 'e&S..44 :0ia. 34 zue- heat, alo.RS _i.e Ra cherly ricLt-nf vx� I re
_er a dsstaace of 3. fl.-:O0 feet -to a:.SO-"sca iron:r_d .,et ":3r.
at i.ate 91,0WA.Y .72S.. '
37 min. 39.' acc." Esac.. for a 'd stance of M45ftot to. a
5Ja=rocs iron zad Set 'tor 'CM&-4 7
�.
arca of 4G2.:E7 Cy_L to a
ecu:.t 40 dt�.. 44 ai . 14 eec ist.. ro s.t.'.
5/a-racciron -ad se= for '[ nsr. Or. taa eptitserly lace of L le sfa_eaald 11E.53'l
,..,.»:L r65au p.��17 deb. 37.. mir.''39 6Gc Hestl af.or7 ciic Easterly ljae of sa d
Gj;+ ac _tsar= cs. a.._�sWnes of:184. is fi!a Ca a r/E-i ;c1i iscr cad ee; fa':
C r"a_.. of ttic-:8oreh L?� line. at _r1d afa;excrtinned callcd 3.800 aeZc:'tr c..
Swat,..:` 88 45 te- -?.9 .sec Test. asorc :he to citerly
c ' 4 _ _ Eaa acre cc:. En s d_sta.ce f.,..45 5, Eeie Ca a
�. tee, re the 11c ct•�cstmr1 cc^e o. �s.aia.Col:ie'3 3.
u C_, ouSrs 17 de :37'aia is csc Ides::, ai retie He tosiy li e.of said -called
acre .t=ac-. for a dis_...._e c: 435.10 CEe_ to Elm FoIHr or S?;..i'''R�I'.+«, c a
ac[=nibarring 5.00.4E :lases 0:;laid,
_ •� �: 'de_d 'Led vnwcr Hart s. niiccy C e_k's
PT"Z.,S97 a=2E d_s=1bt -
SUfU0MU Wi l2lI t488.1
A _ 1
►�=fit '��,_
REXHI BIT CH
page. 1 of :3
RULES AND REGULATIONS
Any portion of Land constituting a :strip of land 10,04 wide and
contiguous to either Fairmont Parkway State Highway 225, or State
Highway 146 shall be. subject to the following xqles and
regulations pertainingto new zignage, screening, driveways and
median crossovers These rules :and regulations shall apply after
the
he effective date of this Agteement. :when company develops or
constructs improvements on vacant, Land described in Ekhibit "A"
which is. adjacent to Fairmont Parkway, State Highway 225., or State
Highway 146.
1. Any sign erected in said 1001 strip of land shall be subject
to the following provislons:'
one freestanding identification sign shall :be permitted
for each side: of an industrial establishment: that
fronts on anlimproved public' right-of-way.
Freestanding identification signs for single tenant
buildI ag , s shall not exceed '15,0 square feet in area.
41 one freestanding. identification sign for identifying
multiple .busih . esses a. . s . allowable at the intersection. of
i,Mproved public rights -of -way.
Freestandinq Identif ication. signs gns for: Multiple
businesses shall not exceed .350 square feet:
+ Freestanding identificaltion signs shall not exceed 45
feet in height.
minimum setback :for sign construction shall be ten (10)
...,feet from property lines..
2. When Land. adjacent to sA.Id 10,01 strip is developed., the
initialitial 5,01 of said strip bey;ond :any existing pipeline:
easement contiguous toeither: Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following technIques.-
a) Leaving in 'place existing trees.,i. vegetation, underbrush,
etc. to provide a thorough and, effective visual screening
of. the development. Existing trees shallt together with
other vegetation and underbrush, create: a continuous
visual screen..
. 14
nEXHIBIT C"
Paige 2 of 3;
b) The use of earthen berms with approximately 3:1. side
slopes.,: 51' wide at the .base and. P' high. The berms
may be landscaped with a comb nattion of trees, shrubs,
and ground cover: All berms and landscaping will be
maintained by the property owners..
c A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
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 publa.cutility
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.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall: be kept free from any improvements except for approved
driveway access and identification. signs:..
For cases of new development or improvements where a. 50
landscape easement is. not available or practical., Company
shall meet with City to determine a suitable landscaping
alternative.
d) In the ease' of land contiguous to Fairmont Parkway:, in
addition to the, other requirements of these. Rules? and:
Regulatasns, Cotipany shah dedicate to City by Plat a
ten foot (1:0 `) wide pedestrian and bicycle easement-,
ex. along Company's Fairmont Parkway boundary,
within the fifty foot (5.G landscape easement . The
pede'st.ri,an easement shall not be within any pipeline
facility, except: for necessary crossings..
3 priveways opening from said strip .of land onto State Highway
225 or State Highway 146 shall be, subject to the rules and
regulations of the Texas Department of 'transportation and
provisions: of the City's Code of ordinances, whichever is
more restrictive-.
Driveways ope j-ag from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris. County and provisions Of the City s Code of
Ordinances, whichever is more restrictive.
i5
"EXHIBIT :CO
Page 3 of 3
4. D:riveways. opening from said strip of land onto Fairmont
Parkway shal.I be :approved by the City 'and may require the
installation of separateacceleration/deceleration lanes.
Installation of a, median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City:.
16