Loading...
HomeMy WebLinkAbout2007-IDA-108 GSL Constructors LtdORDINANCE NO, 2007-IDA-108 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD A TEXAS LIMITED CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2DD8, AND ENDING DECEMBER 31, 2{}19, 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 Constructors, LTD a Texas Limited Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2408, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for al! 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 23~d day of June 2008. ATTEST: a h Gillett, City Secretary APPROVED: Knox Askins, City Attorney 2 CITY OF LA PORTE 12/1.:12007 14;22 7132637795 NO. 2007-TDA- ~ STATE Off' TEXAS § COUNTY (~~' HARRZ S ~ INDUSTRIAL DISTRICT A~RL~NT PAGE 0435 This AGREEI~EN'I' made and entered into by and between the CITY OF LA Pt~~ZTE~ TEICAS, a municipal aaxpvraticrn a~ Harris County, 'texas, hereinafter ~a~.led "CITY" , a~.d. ~~5~ ('~, -~-~ x'~r~,. ~~~ a i m t ~.~r~ox-a.cu~.,.._ her~a.na t e r called "COk~~~NY" . W I '~ N E S S E T H: WHEREAS, ~.t is the estabZ,ished policy O~ the City Council of the City of La Porte, Texast tc adapt such reasonable measures from time to time as are pexmitted by law and w1~a.ch ~nrill tend to enhar~.ce the economic stahilit~r and grc-wth of the City azzd its er~viroms by attracting the ~.ocation of new and the ex~aansion of existixxg industries therein, and suah policy is hereby reaffirmed and adopted by this City Cvunail as being in the best interest of the City and ~.ts axtizens; aad WHEREAS, pursuant to its pol~.cyR City has enacted 4xdinaace No. 729, designating partio~.s of the area located in ~.ts extraterritorial jurisdiction as the "Battleground Tnd~sstrial bistri,ct a~ La Porte, Texas", and Ordinance Nv. 842A, designating portions of the area, located in its extraterritorial jurisdiction as the "~a,ypc~rt Industriax District arc ~a Porte, ~'exas". hereinafter collectively called "DiStz7.Ct", such Qrdi,a,ar~ces ~ beixig in compliance with the Municipal vexation Act a~ Texas, codified as Section ~~.044, Texas Local ~cavernment Code; aad WHEREAS, Company is the owner of land with~.zx a designated Iad~striaZ District of the C~.ty of La Porte, said land being legally described as the attached Exhibit "A" (h,ereinaftez "Land"}; and said Land being more particularly s,hc~wn on a plat attached as Exhibit nB", which plat describes the cawnership boundary lines; a site layout, showing all improvements, includxzxg pipelines and a~ailroads, and also showing areas of the Land previousl~r a~e~ced by the City of La Porte; and WHEREAS, Cit~r desires tee enapurage the expansion artd growth of iadustria~. plants within said Districts and for s~,ch purpose desia~es to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City an$ recorded in the atficia.l minutes of sa~.d City: F=NAL DRAFTz Nove~xer T., 2047 2 12~11~20p7 14:22 7132637795 PAGE 05!35 NOw, THEREFORE, in considerafiicn of tha premises axed the mutual a,greemants q~ the ~SS,rties cantsined herein and pursuant to the autharit~r granted under the Municipal Anr~exatior~ ,Act a.nd the Ordinances of City referred tv above, City and Campany herelay agree with each other as follows: T. G~.ty covenants, agrees and guarantee; that dur~.ng the tee of this Agreement, provided below, and subject tG the terms and prov~,sians of this Agreement, sa~,d, District shall cant~.zxue to retain its extraterritorial status as an industrial distr~.ct, at least to 'the extent that tb,e same covers the Land belonging to Campany and its assigns, unless and uxa.til the status of said Lead, ar a portion car portions therec~,f , as an ,iz~dusta~ial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing azxd to the later provisions of 'this Agreeme~xt, City does further covenant, agree and gua.razxtee that sucks industrial district, to tlxe extent that it covers said Lard Tying within ,said Distrzot and not now w~,thin the corporate limits oaf City, shall be immune from aar~zxexation lay City during the texmx hereof {except as hereizxa.fter provided) and shall have n,0 right to have extended ~.p it any services by City, and. that all Land, including that which has been heretofore annexed shall not have extended to it by crrd,inance any ruses and regulatiaxa.s (a) governing plats and subdiva.siozas of land, (b) ,prescribing any building, electrical, plumbing or irispectian code ar codes, ar (c) attempting to exercise in any mariner whatever caxxGro], aver the conduct of business thereon; provided, however, any portion of Land cc~za;~t~.tuting a strip of Xand l0e' wide and cozatiguaus to either ~'airmor~t Parkway, State Highway 225, or State Highway 1~6, shall be subject to the rules and x`egulati,cans attached hereto as Exhibit "C" a.ra.d made a part hereof ; and provided, however, it is agreed tb.a.t City shall have the ra,glat to institute or intervene irx any adminfstxative and/4r judicial proceeding authorized lay the Texas We,ter' Code, the Texas Clean Air Act, the Texas Hea~.th & Safety Code, ar othez federal or state e~xvironmental laws, rules ar regulations, to the same extent and tv the same iza.tent and effect as a.f all Laxzd covered by this Agreement were not subject to the Agreement. zs. In the event that s.ny portion of the Land h,as heretofore been, azuzexed by City, Campany agrees to render and pay full City ad valorem taxes an such azxnexed Land aMd improvet~ents, and tangible pea~sonal property. Uf.der the terms of the Texas Property Tax Cade {S.B. 6~1, ~Lcts of the 65th "texas Legislature, Regular Sesefon, ].979, as amended). th,e appraised value for te,x purposes of the annexed portion of Land, impx'ovements, azad tangila7,e personal property shall be determined by the Harris County Appraisal District. The parties hereto recagna.ze that said Appra~.sal Distxi,ct has x~a authority to appraise k.he Land, ~,lz~pravements, and tangible personal property in the un,annexed area far the ~aurpase of oomputxng the "in lieu° 2 12111I20b7 14:22 7132b37795 PAGE 06135 payments hereunder. Therefr~re, t~xe parties agree that the appraisal ofi the Land, ~.mprovements, and tazagible personal propert~r in the unannez€ed area shall be conduGt,ed by City, at City s expense, 3~y azx indepe~,dent appraiser of city ~ s seleati,on. ~'he parties recagni~e that in making such appraisal, for Kip, lieu's payment purprsses, such appraisea~ must of necessity appraise the entire (annexed and unannexed~ Land, a.mgrovezr~ents. and tangible pexsanal property. Nathin~ herein contained sha.~~. ever be interpreted as lessening the authority of the Harris County Appraisal. District tca establish the appraised value of Land, zmprovemen.ts, and tangikale pezsonal grcaperty in th.e annexed portion, for ad valorem ~.ax purposes, I7: ]:. A. The properties upo~x 'which the "izx lieu of" tames are assessed are more fully descr~,bed in subsections 1, ~, and ~ o~E subsection C, of this paragraph Ill (sometimes collectively called. the "Property"?; provided, however, pollution control equipment installed an the Land which. is exempt from ad va~,c~rem taxat~,gn pursua~xt to the pravxsiax~s of Sec , X1.31 of th.e Texas Property Tax Cade is exempt from ad valorem taxation and "in 3.ieu of taxe~~ hereunder. Property included in taxis Agreement shall zxot be entitled to a.r~ agricultural, use exemption for purposes of computixxg "in lieu of taxes° hereunder. ~. 4n ar before the Later c+f ~eGetnber 3]., 2008, or 30 days from mailing of tax bill and in like manner on or before each ~]eoember 31st thea~es.fter, thraucgh and iucludinr~ T~ecember 3x, 2fJ19, campaxly shall pay to Ciity an amount of "in lieu of taxes" o~x Company's Prope~:ty as of January` lst~ of the current calendar year (°~alue Year°). C. Company and City agree that the following percentages ("Percexxta,ge Amount" ~ shall apply durxxxg each of Ghe ~Talu.e years value Year 2048 62~ 'V'alue Year X009: 62~C Value Year 243.p: 62~ value Year 207,1; 52~ Value dear 2412: 62~ Value pear 2oX3; 62~ Value Year 2024: 53~ ~Taltxe *,~ear 247.5; 63~ Va1~xe Year 2415: 53~ value Year 207,7: 63~ Value Year X018: ~3~ Value Year 2419: 63~ Cc~rnpany agrees to pair to City a~x amount of "in. ],xsu. ^f taxes" on Company's laxzd, improvements axed tangible persozxal property in the uxiannexed area equal to th,e sum of. 3 12!11!2007 14:22 7132637795 PAGE 07135 1. Percentage Amount of the at~auz~t of ad ~ralorem, taxes which would be payable to City i~ aZl of the Company~~ Land and ~.mprovemerct~ which e~asted on ~a~xuary ~., 24©s, and each ~Tanuaary 1 there0.fter of the applic~.ble Value year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial lncrease .in value of such Land and iaiprc~vement~s to which su-bparagraph 2, below applies) , had been within the acarparate limits of City and appraised each year by C~.tyrs independent appraiser, in accordance with the applicable provisions a~ the Texas ~aroperty Tax Cade; and 2 - (~,~ Oxi any Su3~stantial Increase in value. a~ the Land, improvements, and tangible personal property (excluding inventory) dedicated to new ca~.struotiQn, in excess of the appraised value o~ game on ~3anuary 1, 2407, resulting from new eonstx~etion exclusive a~ canstruction in progross, which shalX tae e~cempt from taxation} fear each Value Years following completion of c+~~xstcticn iz'i. prc~gxess, an amouzxt equal. tC Twenty-five percent ~25$c}, if construction is completed in Value years 2008 through 2013; a~xd, Twenty percent (24~}, if congtzuctian is comp~,eted in Value years 2014 through 2019, of the amcaunt of ad valorem taxes which wauld be pa~ra,ble to City i~ all of said new oonstructian had, been within the corporate limits of Cit~r and appraised by City~s f~xdependent appraiser, in accordance with the applicable provisions a~ the Texas property Tax Code. Iu the case of new construction wh~.ch is completed in Value Rear 2416 ar later, and provided, further, that City az~d Company enter into an Industrial Distract Agreement after the expixat,~.on of this Industrial ]]istrict Agreement, tk~en, and in such events, such. new cnnstrvotaon shall ,be entitled to additional Value Years undez the new Agreement at a Twenty percent (24~~ valuation undex this subparagraph (a), far a total of six {G) Value Years, but not extending be~rond Value near 2U22. (b~ A. Substantial Increase in value cf the Lard, improvements, and tangible pe~scanal prt~perty {excluding invez~tary) as used, in subparagraph 2 {a~ above, is defined as an increase in value that is the lesser of exthex: i. at least Five percent ~5~) o~ the total appraised value of 7Gand and aasprovements, an January ~, 2407; or i~.~ a av,mulatxve value of at least X3,500,400.40. ~~~~1~~~~~ 1a:~2 ~~~~b~~~~~ ~a~~ ~s~~~ ~'or the purposes of this Agreement, multiple protects that are completed in a Va~,ue Year can be cumulated to arrive at tb,e amount for the increase in va7,ue . (c1 If existing Property values have depreciated beXow the Property value estahlislaed on January 1, ~Of77, an amount equal to the amount of the depreciation vrill be removed from tl~.e calculation under this subparagrap3~ 2 to restore the value to the Jaxa.uary 1., 2007, value; ~.2a.d 3. k~ercentage Amount of the amount of ad valorem taxes which vrould be payable to ~a~ty an alb, of the Company's tangible pexsonal property of every descript~,on, located ~,n an industrial district of City, including, without limitation, inventoxy, (including inve~,tQry in a federal `ore ign Trade Zane s.r~d inc ludix~g Freeport exempted inventory), oil, ga,s, and mineral interests, items of leased equipment, rai~.roads, p~.pelines, a,nd products in storage located can the Land, if all of said taz~,gib~.e personal propert~r which existed on Januo.ry 1, 2 fl 08 , and each January 1 therc~a.ft,er of the applicable Va~,xte Year during the term of this Agreemezxt, (excluding atur~ts whion would be sa payable with respect to any Sut,stantial Increase in value of such tangible persona? property to which subpaaragraph 2, above appl~,es) r had been witb.in the corpt~~eate lim~.ts of City and appraised eao~; year by the City's independent appraiser, in accordance with tk~e applicah~.e prav~.sxons of the Texas Property Tax Code. with the sure of 1, 2 and ~ reduced key the amount of City's ad valorem taxes on the a~,n,exed port~,on thereof as deternnined b~,r appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freepaa~t inventory exempi~ion authorx~ed by Article VIII, Section ~.-~ of the Texas Cnristitution arxd Section 1.1.251 of the Texas Praper'ty Tax Cade to tazrpayers ~rithin the City limits, then the Freeport inv~antory exemptipn shall appYy to paxties to this Agreetuent. Further, shnu~.d inventr~ry or any other class oar type of property become exet~pt from taxation by constitutional ar~endr~ent or aCt of the Texas Leg.ialature (,includi~,g. but not ~,imited to, Article ~Tlzl, Seatinn 1-n, of the Texas CQnstitutiazx and Scotian Z1.2S3 of txxe Texas Property Tax Code), such class or type of property shall Ice exempt far purposes of this Agreement, unless the City Counc~.l of the City of Z,a Porte shall by Ordinance provide for the continued taxation of suck property under the authority of az~y appXYOable provisions of the Texas Cortatitutiox~ and Texas Statutes. 5 12li1l2007 14:2 713263795 PAGE 09!35 5. City and, Company aa~stowledge circumsta.z~ces might require the C~.ty to provide emergency services to Company's Px`operty t~escribed an ~xh~.bxt "ATM attached hereto. Emergency services are limited to fire, police, and public works eme~rgcn,cy services. If Company is not a member of C`hanne~. 1Mdustries Mutual. Aid Association (cTMAj , Ccampany agrees to reimburse city far its costs arising out of arty emergency respoxtse retested by Company tv company's property, and to which City agrees tp respan~., Tf Company is a member at GzMA, the abligatiazxs of Company and City sha11 be governed by the LIMA agreement, 'to which, agreement city is a party. IV. This Agreement shall extend fox a period begixzxting art the 3.st da,y of ~Ianuary, ~4D8, aad continuing t~xexeafter unt~.l December 33, X019, unless extended, for an additional period or periods of time upon mutual consent of Company ar~d pity as provided by the Municipal A'anexation Act; provXded, however, that iri the event this Agreement is not sa extended for art additional per~.od ar periods of time art car before August 31, ~p7.9, the agreement of City not to annex property of Company within the District shah. termxxtate. Iri that eveaat, City shaY~. have the right to co~;nmence immediate annexatxoxt praceed,ings as to all of Campan.~r~s property covered bX this Agreement, notwithstanding any of the terms and provxsi.ans of this Agreement. Compaixy agrees that if the Texas Municipal Act, Section 42.044, Texas Local GovexMmertt Code, xs amended after January ~,, ~,gg4, ar any new ~-egisZatian is t~xereafter ezxacted by the Legislature of the State of Texas which impasse greater restrictions oxt the right of City to arxrtex land be~,ortging to Ct~mpany ax imposes further o?~ligatxans on City in oannectiozz therewith after the annexati,ozt of such land, Company will waive the x~xght to require C~,ty to comply with any such add~,tianal restrictions or ololiga,tions and the rig~xts of the part~.es shaZ1 be then detez~mined i~ accordance with, the provisions of said 'texas Ntun.ic~,ps,l Annexat~.on Act as the same existed ,7artuary 1., 199 . V. Tha.s ,Agreem,ent may be extended fnr an additional period ar periods by agreement between City and Company and/ar its assigns even though xt is not extended by a.gree~tent between C~,'ty and all ofi the owzt.ers of a~I land within the District of wh~.c~Z it ~.s a part . VT. A. Tn the eve~,t Campa~,~r Bleats to protest the valuatia~x for tart purposes set an its sand prcapexties by City ax~ by tl~e Harris County Appraisal District far any year or years during the terms hereof, z~athing irz this Agreement shall preclude such protest and 5 1~~11~~~~~ 1a:~~ ~1~~~~~~~~ P~~~ 1e~s~ Company sha~,1 have the r~,ght to take all legal, steps des~~'ed by it to reduce the same. DTotwithstandi~,r~ such protest by Company, and except as atherw~.se presv~.ded in Article Vl {a} , Comga,ny agrees to pay to Ciity on ar before the' date therefor hereinabove prav,ided, at least the total of (a} the total amount of ad va.~,orem taxes on the annexed portions, plus (b) the total arctoux~t of the n~.n lieu of taxes" an the u~xannexed portions of Company~s herei,zxabove descx~xbed property which would be due t~o City in accordance w~.th the fr~regoing prntrisians of this Agreement an the basis of rerrd,it,ivns which shall be filed by Camgany. ~0hen the City or garrXS County Appraisal n~.strict {as the case may be} valuat~,pn do said property of Company has been sa finally determined, either as the ~esu~.t o~ final judgment of a co~.rt of competent jurisdiction ox as the result of other final conclusion of the eoz~'G~'o'~rersy, then within t~xxarty {3 p} days t~.ereafter Company shall make payment to City of any ad$xt~.anal gayrnent due hereunder, or City shall make payment to Company of any refund due, as the case Wray be, be.sed an such final valuation, tagethex~ w~.tY~ applicable penalties, i~xterests, and casts, ~3. Should Company disagree with any appraisal made by the ~.ndependexxG apprraiser selected by city pursuant tc~ Article II above (which shall be given in wza,ti.zxg to Corr~paay) . Company skull, ~ritk~in twe~zty (~~} calendar days of receiving City's invoice, give written notice tc~ the City of suc~x disagreement. In the event Company does not gave such ~rritten notice of disagreement within suclx txtne per~,ad, the appraisal made by said. independent appraiser skza~.l be final anr~ controlling for purposes of the d.eterrn.~.matiaa of "in Lieu of taxes" payments to be made under this Agreement. Should Company gi'xre such notice of disagreement, Company shall also submit to the City with such notice a written, statement setting earth wk~at company believes to be the market value of CampanyF s hereinabove descr~,bed property. Both pa~rt.ies agree tv thereupon enter ~.nto goad faith negatiatians in an attempt to reach an agreement as to the market value of companyFs property far "in ~.ieLi" purgnses hereunder. zf, after the expiration of thirty (30} days from thy: date the notice of disagreement was received by City, the parties have not reached agreemezxt as to such market value, the partl,es agree to submit the dispute to final arbitration as provided in subparagraph 1 of th~.s Article ~vx {a) bTatwithstanding any such disagx~eemeat by campaa~y, company agrees to pay to C~.ty on ar before Decez~er 31 of each year during the te:cm hereof, at least the #,ptal of (a} tk~e ad valorem ta.~es an the annexed portions, plus (b) the total amount of the "in lieu payments which would be due hereunder an the 1~asis of Car~rpany's wz~.tten valuatiane statement submitted to City by Company hereunder, nor the total, assessment and ^ia, lieu of taxes' thereon. for the last preceding year, whYChever is higher. 7 12111!2007 14:22 7132637795 PAGE 11!35 1. A Boaxrl of Arbitrators shall be created composed of one persbr~ named by Company, one by City, and a third to be named by those two. Ix1 ease of no agreement an this s.rbitratoz in ~.0 dey~s, the parties utill join in a written recitzest that the Chief Judge of the U.S. D~.strict Court for the Southern District of Texas appoint the third arbitrator who- (as the ~'Irnpartial ~xb~.'trator~' ) shall preside over the aa~bitre,tian proceeding. the sole i$sue tc, be determined in the arb~,tr~,ticn shall be resolution of the d~,~ference between the paacties as to the fa~,r market value of Company's property fog calculation of the "xn lieu" payment and tote]. Payment hereunder ~oz the year in question. The Board sha~.l bear and consider all relevant and mater.i~.~. evidence on that issue xz~cluding expert opix~ian, and sha11 render its w'~'.itten decision as promptly as pxacticabl~:. That decision shall then be ~~.na~. and binding upon the parties, sv~~eGt only to judica~al review as may be available under the Texas general Arb.itratxon .dot (Chapter Z71, "General. Arbitration", Texas Civil Praotice and Remedies Code). Coats of the aarh~,tratioa~ sha.XX be shared equally by the Company and the citlr- provided that each party skin!! bear ~.ts own. attorneys fees. VII. City shall be entitled to a tax lien on Company+~; above described property, al.l imprbuemer~ts thexar~n, azad all tangible persona]. pxapexty thereon, in the event of default in payment of ~ iz~ lieu of taxes° payments hereunder, which shah. accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as prQV~.ded by law far clelinr~tt.ent taxes. VIZ1. This Agreement shall inure to the benefit o~ and be binding upon City and Company, and upon Cc~mpa~zy's successors anal assigns, affiliates and snbsid~,aae~.es- and shall remain in foa~ce whether Company sells, assigns, or in any other rnannex disposes caf, either voluntarily ar by operation of ~.aw, all or nay part of the property belonging to it within the terr~tox~y hereinabove described- and the agreements herein ceMtained shall be held to be covenants running w~.Lb. the land awned by Company sitx~ated within said. territory, for so long as this Agreement or any extan,sion thereof remains ire. fc~zce. Company shall give C#,ty written. notice within nXnetlr (9~) days, with full parta.culaxs as to property assigned and identity of assigzxaa, afi any dispcssitio3~x of the Land., and assignment of this Agreement. l . If City enters ~.ntc~ all agreement with a~.y Qther laridow,p.er with respect to an indust7rial district or erxters into a renewal of any 8 1211112007 14:22 7132637795 existing industrial district agreemex~,ts after the effecti~re hereof and while this .A,greement is in effect, which contains anc~ pnovisians mane favorab~.e to the l,andawner tk~ax~ thane in, Agreement, company artd its assig~xs shah. have the right to this Agreement and City ac~xees to amend same to embrace the favaxe,ble terms of such agreement ar renewal. agreement . d~. e PAGE 12135 date tox-ms this amend mare The parties agrae that this Agreement complies with existing laws pertaining to the subject and that alX terr~ts, cansidex~ations and, conditic~zas sec forth herein are lawful, reasozxs,ble, apprc~pa~iate, and nat unduly rest~'xctive of Company's business activities. '~ithr~ut suckx agreement neither party hereto wouXd enter into this Agreement. In the event any ane ar mare words, phxases, clauses, sentences, pa~`agraphs, sections, ~.x~ticles ar at~.er parts of this agreement or the app~,ication thereof to any person, €irm, cargaratian ar circumstances shall he held by an~r court c-f competent ~urxsdictian to be ~.nvalxd or uncanst~.tutir~na,l far any a:eason, then. the applioatioz~, ,invalidity ar uncons't~,tutionaZity of such wards, phrase, clause, sentence, paragraph, section, article ar otk~er part of the Agreement sr~a~.~, be deemed to be independent of and separable €rom the remainder of this Agreement and the validity of the remaining parts c€ this Agreement shell not be affected thexeby. x~. Upon the commencement o€ the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ~lT. Natxces by a party to the other party hereto, sha1X be mailed ox delivered as folZaws: ~'a~ the City of La Porte : G~.ty Manager City of La ~eorte 604 West Fairmbat Parkway La Parts, TX 7757, To Company: ~ L~ Attention,; {COMPANY) "Department ~~ ~7 ~1c~-S Company ~x'3a,11 promptly nntif~r City of any cha.7age of bWZlerShip Of Property, any assa,gnment of this Agreement, and of ax~y change of billing address. Company shall notify City annuallyr on, ar before June 1, of any cha~xges to the following in€armatian; 1~f~.lf~ee~ 14: ~~ ~~.~~~~~~~~ ~~ ~M artage r Name: Piddres s Fhone: Fax: Erna i 1: Tax Agent JHi 11 iru~ Contact Name : ~ E 4~ ~ (~ ~(~, A,ddres s . ..~~~. ~h~Me: ~`ax Ema~,~ ENTERED INTD effectitre the ~.st day c+~ Jan~ax-yr 2008. PAGE 13f 35 ~~5~.. Gans ~~• comQ,~tj sy; Name - ~~~ ~,~i.~Sc~rZ i4ddzess : 5g5~ InfeS~l~eir~ ~~-~2. ~ ~' K r ~ps~ Al' S'T : CITY DF POR By: G t Seer ary Al n E. ~o~t~r ayor APPFt ~ ~1~~ Kno~c W . Aakir~s Ca.~t~r .F~ttarney City o£ IJa Pcar'te F.o. 8ox 121a La Forte, TX 77572-1218 281.471. x,866 ~s1.471.2D47 fax knoxaskinsc~catxtcast . r~et ~y: ~0 sit City Mar~a~er CITY Dk' LA FORTE 604 Wrest Fairmont Parkway ~a Pvrte, TY 77577, 12111,12H07 14:22 7132637795 PAGE 14135 STATE QiF' ':l'EXAS GE7LTNTY ~~` H~l14R~5 ~ This ir~.strurn nt was ackn~wX~dged 1~efnr~ me an the ,O~~y of of C 5 0 ~~-, a C i `:~ can behalf of sand entity. Llrn.~ ~~ h~ pp y~ ,,g ~¢p/ Notary Pu ic, State of '~'~~eas e `•O~ ~VO~F~R1' 9USLIG ~~~ ,rte ° St~fe ~} ~fexas ~~-~~ sT~T~ a~ T~x~as § corms o~ ors § 0 This instxu'x~ert was acknaw~.edged before me on the aJ ~ day ~~ ~Q. 200 8 . by A.~.ton E_ porter, May+~r of the t~~. y of La P rter a rn~nxC~~ai corporation, o behalf f said e><xtxty. ,~''"°``~, l~QRII~ R, EL~RlDG~ Notary public, State ofi exas "' ~ MY COMA9lS510N El(PII3ES ~~~ ;~ July 16, 2010 ~~ 1211112007 14:22 7132637795 PAGE 15!35 n~~fIBZT A~ {M~~.es and Bounds Desc~~,p~.ian of Land) is Print Details Page 1 of 1 HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2DD8 REAL PROPERTY ACCOUNT INFORMATION 1207280000019 Owner and Property Information Owner Name & GSL CONSTRUCTORS LTD Legal Description: RES Bfi Mailing Address: 5858 WESTHETMER RD STE 800 PAR R/P NO 1 WOUSTON TX 77057-5777 BAYPORT {NORTH IfVDUSTRIAL PARK Property Address: 0 IVEW WEST DR LA PORTE TX 77571 State Class Land Use Code Building Total Land Building 'Net Neighborhood Map Key Code Class Units Area Area Rentable Facet Map® Area F2 -- Real, 4445 -- Miscellaneous 0 68,652 0 D 5980.26 6D53D Industrial Aux. Structure SF Value Status Information Capped Account Value Status Notice Date Hearing Status Shared GAD No Noticed 4/28/2008 Protest Received No Exemptions and Jurisdictions Exemption Type Districts Jerrisdictians ARl3 Status 2DD7 Rate 2008 Rate None 020 LA PC3RTE ISD Not Certified 1.3(3500 040 HARRIS COUNTY Not Certified 0.39239 041 HARRIS CO FLOOD CNTRL Not Certified D.D3106 042 PORT OF HOUSTON AUTHY Not Certified D.D1437 043 HARRIS CO HOSP DI5T Not Certified 0.19216 044 HARRIS CO EDUC DEPT Not Certified 0.00585 047 SAN JACINTO COM COLD Not Certified 0.14537 142 CLEAR LAKE CITY WA Not Certified 0.28000 Valuations 2007 Value 2008 Vaiue Market Appraised Market Appraised Land 102,978 Land 102,978 Improvement 100 Improvement 100 Total 103,078 103,078 Total 103,078 103,078 Land Market Value Land Site Unit Size Site Appr Appr Total Unit AdJ Adj Line Description Code Type Units Factor Factor O/R O/R Adj Price Unst ' Value Factor Reason Pr see 1 4445 -- Miscellaneous Aux. SF1 SF 68,652 1.40 1A0 1.D0 -- 1.00 $1.75 $1.75 $120,141 Structure Building Vacant (No Building Data) http:/I~~w.hcad.org/records/Print.asp?taxyear=-2008&acct=1207280000014&card=l &bld=1 6/4/2008 12!11.!2@@7 14:22 7132637795 PACE 16/35 ~~~HIBIT ~~ Attach Plat ~~~lecting the own~~ship boundary lines; a site layout, showing all impravemsnts, ~n~luding ~l~elines and ~~ilroads, and also s~owi~g areas of the Zand previously annexed by the City ~~ La Po~~e.} ~3 V/ ~ yam' ~+ ~1``1f1{III ' o On z m V a~ 1 L )I t~~,". ~~/~] =:a. ~ B4E409 ~~ <..= .s ---., _ ---... «a k ~ ... ~ 3. F ~U ~, [U aw I W O' N F ~ ~ j` ~ °a j ~'' ~ o Q s.1 7 ~v o ~~ ~ x U ~ _ ~ o II. a ~ w l ~I I ~~ m is ~ o ~ i o' a ~ od Apo ~ ~~ ~ ~ µQ ~ i C R n ii kl ~'~ U II ~-. ~ 1 i' - '.. ~ .__.__ ._ . _ ..............~,..... treiv '... ~ _ ~' ~ ~& ov 65laz ~ e. 'H'M ]C.LI~ ~SItl'i ~ltl~"1a LL90-006'8ZL-OZ4 may. n" C'r : .e"~ # 2 - ~ J d ~~ ~¢~m Nyay N Z f~L Q iM1 ~- & ` m °a ~u~alp ~~ oU O~YiN~ 040 ~ °~ O..zQ~ '~' °' 4 ~ $ n u' Q_ a ww m m ~H L09E'Z ~ a ~° 904Y u~ oE. E ~ 043-540-069-0273 'tl"~~'7 ;~ --.._... ~]"~' peer ~_.~-._.- r~:~ ~ i ~.~~ H ~E > ~ i Z~r~1~~ee~ i~:~~ ~Z~~s~~~~~ nESHIBIT Qn pa.~$ 1 of 3 RVI°~S AND ~EC~1JTr~l,TIt~NS PAGE 1735 ,~xxy paxtion of Land consta.tuting a strap of laMd 100 ° wide and contiguous to either Fairmont ,Pa]Ck~nTay, State Highway X25, or State Highway 146 shah, be subject to the fo7~~,c~wxng rules and rregulations pertaining to new signs.ge, screening, drivewa~rs and median crossovers. ~.eae rules and regulations shall apply after the effective date of this Agreement when Company develops yr constructs improvements axx ~racant Land described izx Exhiba.t "A'~ which is adjacent to Fairmont Earkway, State Highway ~~g, or 5tat.e Highway 146. 1. Any sign erected in said 1001 stxxp of land sha11 be subject to the fvllt~wing provisions: • One freestanr~.ing identification sign shall be germit'ted for each side of an industrial establishment that fronts an an irnpraved public right-~rf-way. • Freestanding identificatirn signs for single tenant buildings shall not exceed 150 square fast ~n a~:ea. # One freestanding ider~tificatian sign far identifying rnnltiple businesses is a~.lowabl.e at the ~.ntersection of ~.~pxoved pub~,i.c rights-a:~-way. # Freestandiz~c~ identification signs for mu~,tiple businesses shall not exceed 350 square feet, # Freestanding identification signs shah. ~.ot exceed 45 feet in height. # Minimum setback for sign canstructic~n sha~,1, be ten {10) .feet from property lines. ,~. ezx JGand adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Faix~ont parkway, State Hxghwa~r ~,~5, yr State Highway 146 shall be screened by one of the follawing techniques: a) Leava.ng in place exastiz~g trees, vegetat~,on, underbrush, eta. to provide a thorough and effective visual scree~aing of the ~ievelopmeat. Existing trees shall, tagetb,er with other vegetatian and ux~derbrushR create a contiguaus visual screen. 14 1211112007 14:22 7132637795 PAGE 18135 n~~2+ ~n Page 2 of 3 b7 The use of earthen berms with approximately 3:I side slopes, 50' wide at the baee and 8' high. The bergs may be landscaped with a cambinatinn of trees, shrubs, a~xd grround cover. Ali, berms and landscaping will be maintained by the property comers. a? A screening plan, to be appr+~ved by the C~,ty. that includes a cornl~~.z~ation of trees, shrubs, and grc~uncl cov~?r that. after 5 years growth will be at least. ~0 feet in height and shall, together with shrubs and ground cover, create a continuous visual screazx. Prcavided, however, in p'+,~1ia utility easements ar rights-of--way, the vegetation shall be installed and maintained in a manner which is e.ooeptable to the public utility company, and does not interfere with the operation and xn~.intenan,ce of the pub~,xc ut~.lity faoilxties. For items h axxd o abatre, the actv.al 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 rec~.ired fc~r zxew development that ~s t© the rear of ar beh,~.nd e~€xstir~g facila.ties. In aXl uses the 50' st,rig, along the ezxtire xoadway frontage, shall be dedicated as a landscape easement and, shah. be ke~at free from any improvements except far apprQVed dxiveway access and identification. s~,gxzs . For cases of new development ar improvements where a 50' landscape ease~ne~,t, is not available or practical, Compax~.y shall meet with City to detexm,ine a suitable landseapis~g alternative. d) Txa, the case of land contiguous t^ Fairmont parkway, in addition to the at~,er requirr~mezxts of these Rules and Regulations, Company shall dedicate to Cit~r by Flat a terz foot (1~') wide pedestrian and bicycle easement, extending along Company's Fairmont parkuray boundazy, within the fifty foot (5D'} landscape easement, The pedestxxaM easement shall zxot be within any pipeline facil~.ty, except fear necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State ~ig'hway 146 sha~.l bc~ subject to the rules and regulations of the Texas Department of Transgazt~;tian, and pacovis~ans caf the eitlr's Cade of ord~.nances, whichever is mare restrictive. F~riveways opening from said strip of land onto Fai~znont Parkway sha11 be subject to the ~.les and re~'ulat.ions of xax~z~is County and provisions of the City's Code of Ordinances, whichever is mare res~Grictive. 15 1211~f2007 54:22 7132637795 4. ~. "~~~fi C~ Page 3 eat .3 A ~'x~: Dxiv~wa~rs °~~ heg ~ro~t said st Pax~1~W~,~ shah. i~st~,~].atioxx of approved b~ th~iP °f ~and• onto Faxrtnont ~~parato ac~el~rat~. ~it~r and ~aY re~i,~e t$~ Insta].Iation of a ~ Idecaleration Zan~s. be su~a~eet to median ~roesover arz ~aix'mcant Pax'kwa s the aPPraval €~f bath ~Iarx'is Cottn~,Y anc3 Cit ha,l~. Y PAGE 19!35 ~. 6