HomeMy WebLinkAbout2007-IDA-109 US Industrial REIT IIORDINANCE NO. 2007-iDA-109
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTS OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH US INDUSTRIAL REIT II, A TEXAS REAL
ESTATE INVESTMENT TRUST 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 PORTS:
Section 1. US Industrial REIT !I, a Texas Real Estate Investment Trust has executed
an industrial district agreement with the City of La Porte, far 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, de#ermines, 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 Hail 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 pasting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
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PASSED and APPROVED, this 25th day of August 240$,
C OF t_A PORT
Alton Porter, Mayor
ATTEST:
Mart a Gillett, ity Secretary
APPROVED:
nox skins, Ci Attorney ~ ~`~
pro. zoa7-II?A-~~ §
STATE o~ T~xAS §
CQUNTY OF HARRIS §
INDUSTRIAL DISTRICT .AGREEdi+IENT
This AGREEMENT made and entered into by and between the CITY
OF LA FORTE, 'TEXAS, a municipal. corporation of Harris County,
Texas, hereinafter called "CITY", and US Industrial REIT II
a Texas real estate izzvestment trust hereinafter
cal~.ed "COMPANY" ,
W I T N E S S E T H:
V~HEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adapt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability ax~.d 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 anal 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 Na. 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 Mun~.cipal.Annexation Act of Teas, codified
as Section. 42:044, Texas I;ocal 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 part~.cularl.y shown on a plat
attached as Exhibit "B'~, which plat describes the awn.ership
boundary lines; a site layout, shawin.g all irnprove~nents, including
pipelines and railroads, and also showing areas of the band
previously anra.exed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said T7istricts ax€d far 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 I?RAFT: November 1, 2€~a7
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
L.
City covenants, agrees and guarantees that during the tex-m of this
Agreemez~.t, provided below, and subject to the terms anal provisions
of this Agreement; said District shall continue to retain its
extraterritor~.aJ. 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
pnrtians thereof, as an industrial distract 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 industrial. district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune froth
annexation by City during the~term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall. hat have extended to it by ordinance any
rules and regulations {a) governing plats and subdivisions of
land, (b) prescribizzg any building, electrical,. pl.utnbing or
inspection code or caries, ar {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 -100' wide and contiguous to either Fairmont Parkway,' State
Highway 225, or State I3ighway 1~6, shall be subject to the rules
and regulations attached hereto as Exhibit "C" and made a -part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas T~ater Code, the Texas
Clean Air Act, the Texas Health & Safety Code, ar other federal or
state environmental. laws, rules ar regulations, to the same extent
and to the same intent and effect as if al.l Land covered by this
Agreement were r~.ot subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and. pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas property Tax Code {S,B, 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the ~iarris 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 computing the 'iin lieu}:
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payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal far "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire annexed and unannexed} Land, improvements, and tangible
personal property.
Nothing here~.n contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, azxd tangible personal
property in the annexed portion, for ad ~ralorem~tax purposes.
III.
A. The properties upon which the "in lieu af~' taxes are assessed
are mare fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
RPrpperty"); provided, however, pollution control equipment
installed an the Land which is exempt from ad valorem taxation
pursuant to the previsions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu, of taxes"
herreunder: €'roperty included in this Agreement shall not be
entitled to an agricultuzal use exemption for purposes of
computing "iza. lieu of taxes" hereurzd.ex.
B. on or before the later of December 31, 2Q48, ar 34 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2015, Company
shall pay to City an amount of "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year"}.
C_ Company and City agree that the fallowing percentages
~"Percentage Amount"} shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2049: 62%
Value Year 2414: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2033: 62%
Value Year 201: 63%
Value Year 203.5; 63%
Value Year 2016: 63%
Value Year 2017: 63-°s
Value Year 2418: 63%
Value Year 2019: 63%
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
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1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January ~., 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which wo~.ld be so payable with respect to any
6ubstantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Cade; and
2. (a} On any Substantial. Increase iz~ 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, 2D0'7, resulta.ng from new
construction (exczusive of construction in
progress, which shall be exempt from taxation},
for each Value Years following completion of~
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2D13; and
Twenty percent (20%}, if construction is completed
in Value years 2024 through 20x9, of the amount of
ad valorem takes which would be payable to City if
all of said new construction had been within the
corporate limits of City and appraised by Ca.ty's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 201.6 oar later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial. District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (2D~) valuation
under this subparagraph ~a}, for a total of six
(5} Value Years, but not extending beyond Value
Year 2D22.
(b} A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at Least Five percent (5%} of the total
appraised value of Land and improvements, on
January ]. , 2 D D 7 ; or
ii. a cumulative value of at least ~3,500,ODD.00.
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For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
{c) If existing Property values have depreciated below
the Property value established vn January I, 2007,
an amount equal to the amount of the dapreciation
will be removed from the calculation under this
subparagraph 2 tv restore the value to the January
1., 2007, value; and
3. Percentage Amount of the amount of ad valorem taxes
which would be payable to City an 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 Zane and including Freeport
exempted inventory), ail, 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,
2x08; and each ~'anuary 1 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 ~o which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City+s independent
appraiser, in accordance with the applicable provisions
of the Texas Prapexty Tax Code.
with the sum of ~., 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed gortion thereof as determined by
appraisal by the Harris County Appraisal District.
~. .Notwithstanding the above, should City elect to grant
the Freeport inventory exemption authorized by Article
VIIZ, 5ectian 1-j of the Texas Constitution and Section
1..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 vx act of the Texas Legislature (including,
but not limited ta, Article VIII, Section 1-n, of the
Texas Constitution and Section I]..253 of the Texas
Property Tax Cade), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
S
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described nn 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
Aid Association (CTMA}, Company agrees to reimburse
City fnr its cflsts arising out of any emergency
response requested by Company to Company's property,
and to which City agrees to respond. 7f Company is a
member of LIMA, the obligations of Camparzy and City
shall be governed by the CIMA agreement, to which
.agreement City is a party.
xv.
This Agreement shall extend for a period beginxling nn the 1st day
of January, 2008, and continuing thereafter until December 3~.,
2019, unless extended fax an additional period or periods at 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 sa extended for an additional period ar
periods of time an or before August 31, 201.9, the agreement of
City not to annex property of Company within the Dastr-ict shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local. Government Code, is amended after January 1, lgg4, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City_ ~o annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Cnmpany will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the Parties shall be then determined in accordance
with the pravisitins of said Texas Municipal. Annexation Act as the
same eXi Gte~ ,~anl~ary '! , ~ 9ga .
V.
This Agreement may be extended fox an additional period nr periods
by agreement between City and Company andJor its assigns even
thoutgh it is not extended by agreement between City and all. of the
owners of all land within the District of which it is a part.
VI.
A. Irz the event Company elects to protest the valuation far tax
purposes set arz its said properties by City or by the Harris
County Appraisal District fox any year or years during the terms
hereof, nothing in this Agreement shall preclude s'ach protest and
5
Company shall have the right to take all legal. steps desired by it
to reduce the same.
Notwithstanding such protest by Company, anal except as otherwise
provided in Article V'r(B), Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total
of (a} the total amount of ad valorem taxes on the annexed
portions, plus {b) the total. amount of the °in lieu of taxes" oxa
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District. (as the case may
be} valuation on said property of Company has been so finally
determined, either as the result of final judgment of a count of
competent jurisdiction or as the result of other final conclusion
of the controversy, than within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, ox City shall make payment to Company of any refund
due, as the case may be, based an such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall. be given in writing to Company}, Company shall,
within twenty. (2 Q} calendar days of receiving City`s invoice, gave
written notice to the City of such disagreement. rn the event
Company does not gave such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxes' payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon. enter into goad faith negotiations an an attempt to
reach an agreement as to the market value of Campany~s property
for "in lieu" purposes hereunder. If, after the expiration of
thirty 4?Q) days from the date the natir~ of dasagreeme~at 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
vac {B} .
~Totwithstandirzg any such disagreement by Company, Company agrees
to pay to City on or before December 3I of each year during the
term hereof, at least the tat a7. of (a) the ad valorem taxes on the
annexed partiox~s, plus (b) the tata]. amount of the '~ixx lieu"
payments which would be due hereunder on the basis of Company's
written valuatior~~ statement submitted to City by Company
hereunder, or the total assessment and ttin lieu of taxes" thereon
for the last preceding year, whichever is higher_
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1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. rn case of no agreement an th~.s
arbitrator in 10 days, the parties will join in a
written request that the Chief fudge of the U.S.
District Cau.rt for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitratar'F) shall preside over the arbitration
proceeding. The sale 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 fatal payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, a~1d shah. render its written decision
as promptly as pract~.cable. 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 1'71, „General
Arbitrations' , Texas Civi]. 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 it~provements thereon, and all. tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Gity and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Conri~Sany sells, assigns, ar in any of her manner disposes of, either
voluntarily or by operation. of law, all ar any part of the
property belonging to it within the territory hereinabave
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement ar any extension
thereof remains in force. Company shall give City written notice
within ninety {9D) days, with fu11 particulars as to property
assigned and identity of assignee, of any disposition of the Land,
anal 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 the effective date
hereof and while this Agreement is in effect, which contains terms
ara.d provisions mare favorable to the landowner than those in this
Agreement, Campany 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.
~.
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 a£ 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 net 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:
To the City of La Porte
Gity Manager
City of La Porte
5(}4 West Fairmont Parkway
?.a Port A T~ 7? ~'? ~
~,
To Company:
US Industrial REIT zI
[ CpMPANY ~
Attentiorl:Industrial Department
9830 Colonnade Boulevard, Suite b00
San Antonio Texas 78230
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 Jnne 1, of any
changes to the following information:
Plaxxt Manager
Name:
Address:
Phony.
~`ax :
Email;
Tax Agent/Billing Contact
Name: Executive Mana in Director--Industrial Dept.
Address;9830 Colonnade Boulevard. 5~ite 600
San Antonio, Texas 78230
Phone: {Z10) 64I-8408 ~~'^~
Pax ~2I0) b41-8595 __
Ema~-l: 5tanle Alte r~ sa ~m
ENTERED INTO effective the ~.st day of January, 2Q~&.
US I USTRIAL R II,
a; as`;~~al' es ,a. ves' ~,;,; " .
[COMPANY}
By:
ame•
Title:
Address : -;~1 ~ L~, r ~~~
AT'I'E5'~' : Y OP LA PO
BY ~ ~ ~.~'
Ci y Secretary Alton E. Porter
Mayor
APPROVED":
/' By : y _
ox W. Ask~rts hn oer _
City Attorney Assistan. ity Manager
City of La Porte
P.Q. Bax 3218 CITY OF LA PbRTE
La Porte, TX 77572-12I8 604 West Pairtnpnt Parkway
283.471.1886 La Porte, TX 77573
281.471.207 fax
knaxaskinsc~camcast.net
30
STATE OF TEXAS ~
COUNTY OF BEXAR ~
This instru ent was ackn w3 ed before me on the " ~f'~aay tflf
2{}0 by ~ ~.. ~ ~ e ~ ~ y
o ITS ndustri.al REIT II - - ~
on beh If of said entity, k' a Texas re es to investment trust,
*ofAYA~e~* 1v'lElrlSSAA. ROSCOE Notary Pub3ic, estate o Texas
Notary Public
",,~of~r State of Texas
'~,q~ hfiy Comm Exp. Q1-11-202
STATE Off' TEXAS §
COUNTY Q>~ HARRTS §
T ~s instrument was acknowledged before me on the ~~ day of
~` 20D~, ~ by Alton E. Partex, I~layor of the City of La
Por e, a mtxnic~pal corporation, on behalf, of said entity.
°~~~-
v ary Pu.bl3C, State of Texas
SHARON IfARRIS
My Commission Expires
September i 2, aooq
'*~~.~
11
"~XHI~~~ A"
~Me~es and Bounds Bescriptipn of Land)
12
THENCE: Continuing along said northwest Iine, South 66 deg 15 min 53 sec West, a
distance of 461.09 feet to a set 518-inch iron rad with cap, the most westerly southwest
corner of the herein described tract;
THENCE: Departing said northwest Line, North 29 deg 17 min 22 sec West, a distance of
260.34 feet to a set 5/8-inch iron rod with cap, an angle point;
THENCE: Paralled to and 77.00 feet east of the common Iine of the east Iine of the
Exxon Pipeline Company Easement and the west Iine of said 237.103-acre tract, North 02
deg 28 min 20 sec West, a distance of 629.69 feet to a set 518-inch iron rod with cap,
being the point of curvature of a curve to the right, the most westerly northwest corner of
the herein described tract;
THENCE: Arotu~.d said curve to the right, an arc length of 303.73 feet, with a radius of
4I6.S9 feet, a central angle of 41 deg 46 min 27 sec, having a chord distance of 297.05
feet bearizzg North 18 deg 24 min S3 sec East to a set 5/8-inch iron rod with cap, being
the point of curvature of a curve to the right, an angle point;
THENCE:.- around said curve to the right; an: arc' length of 283.02 feet, with a radius. af. ; ~ -.
411.89 feet, a central angle of 39 deg 22 min 06 sec, having a chord distance of 277:48
feet be~-ing North 58 deg 59 min l0 sec~East.to a set 518-inch iron rod with cap; .being ~~
the point~of'tangency, an angle point;° ~ -
THENCE: North 78 deg 40 min-14. sec.East;.a°distance. of 33.39 feet to the PO1N~'' OE-
SEGIIVI~TING and contair~iazg $7.908. acres-ar.3.,829,245 square feet of land, more or'le5s. `~ ~ ~ .
I`~'^~ ~ ~r f, F
~~! _..
.d..13~ `.r"~j~
~~
AN 87.90$-ACRE {3,829,24$ SQ. FT.) TRACT OF LAND BEING OUT OF A
CALLED 237.103-ACRE TRACT CONVEYED TO THE LUBRIZOL
CORPORATION AS RECORDED IN THE HARRIS COUNTY CLERK'S FILE
NUMBER (H.C.C.F. NO.) CS63972, LOCATED IN THE GEORGE B. MCKINSTRY
LEAGUE, ABSTRACT 47, HARRIS COUNTY, TEXAS.
COMMENCING: At a found copperweld rad number 2216 in the north line of the
George B. McKinstry League, the intersection of the south line of a 50-foot Southern
Pacific Transportation Company Easement as recorded in H.C.C.D. No. D867930 and the
east line of Exxon Pipeline Company Easement as recorded in H.C.C.F. No. R930140,
the northwest corner of said 237.103-acre tract;
THENCE: Along the common line of the south Iine of said 50-foot Southern Pacific
Transportation Company Easement and the north Iine of the George B. McKinstry
League and said 237.103-acre tract, North 87 deg 25 min 45 sec East, a distance of
775.81 feet to. a set 5/8-inch iron rod with cap, the POINT OF BEGINNING and the most
northerly northwest corner of the herein described tract;.
BEGINNTNG: Continuing along said common Iine, with the same bearing, a distance :~.f
1,172.96 feet to a set 5/8-inch iron rad with cap, an angle point;
THENCE: Continuing along said common line, North 87 deg 26 znizz 12 sec East, ~ a~.
distance of 1,154.46 feet to a set 5/$-inch iron. rod. with. cap in the west: line of Bay~Area
Boulevard, 150-foot public R.O.W., the northeast corner of said 237.103-acre tract aril
the herein described tract;
THENCE: Departing said common line, along the west line of Bay Area Boulevard,
South O1 deg 00 min 45 sec East, a distance of 1,613.57 feet to a set 518-inch iron rod
with cap, the southeast corner of the herein described tract;
THENCE: Departing Bay Area Boulevard, South 88 deg 59 min 15 sec West, a distance
of 1,364.87 feet to a set 518-inch iron xod with cap, the most southerly southwest corner
of the herein described tract;
THENCE: North 01 deg 00 min 45 sec West, a distance of 849.56 feet to a set 5/8-inch
iron rod with cap in the northwest line of the 50-foot easement of Tennessee Gas
Transmission Company as recorded in H.C.C.F. No. C533723, the interior comer of the
herein described tract;
THENCE: Along said northwest line, South 65 deg 54 min 12 sec West, a distance of
1,178_I2 feet to a set Sf8-inch iron rod with cap, an angle point;
~._..
t
S t
THENCE: Continuing along said northwest line, South 66 deg 15 min 53 sec West, a
distance of 461.09 feet to a set 518-inch iron rod with cap, the most westerly southwest
corner of the herein described tract;
THENCE: Departing said northwest line, North 29 deg 17 min 22 sec West, a distance of
260.30 feet to a set 5/8-inch iron rod with cap, an angle point;
THENCE: Parallel to and 77.00 feet east of the common line of the east line of the
Exxon Pipeline Company Easement and the west line of said 237.103-acre tract, North 42
deg 28 min 20 sec West, a distance of 629.69 feet to a set 518-inch iron rod with cap,
being the point of curvature of a curve to the right, the most westerly northwest corner of
the herein. described tract;
THENCE: Around said curve to the right, an arc length of 303.73 feet, with a radius of
4I6.59 feet, a central angle of 41 deg 46 min 27 sec, having a chord distance of 297.45
feet bearing North 18 deg 24 min 53 sec East to a set 518-inch iron rad with cap, being
the point of curvat~zre of a curve to the right, an angle point;
THENCE:: Around said curve to the right; an arc .length of 2$3.02 feet, with a radius. of~. ' ~ ~-
411.89 feet, a central angle of 39 deg 22 min 06 sec, having a chord distance of 277.48
feed bearing: North 58 deg 59 min 10' sec East. to a set 518-inch iron rod with caps .b~~g: ,'
the point ~of'tangency, an angle paint;:. ~ .
THENCE, North 78 deg 40 min 14. sec.East;~.a:distance. of 353.39 feet to the POINT' OE~
BEGINI~INC'r and containing 87.908. acres or• .3.,829,2.48 square- feet of land, more or~ less. `~
°EgHIBIT Bn
Attach Plat reflecting the ownership boundary lines, a
site layout, showing all impra~ements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.}
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Page 1 n~ 3
RUES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway,. State Highway 225, ar State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements an vacant Land described in Exhibit °A"
which is adjacent to Fairmont Parkway, State Highway 225, qr State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
• One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts an an improved public right-of--way.
• Freestanding identification signs far single tenant
buildings sha11 not exceed 180 square feet in area.
• pne freestanding identificatiarx sign fqr identifying
multiple businesses is allowable at the intersection of
i~npraved public rights-af-way.
• Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
• Freestanding identification signs shaJ.l not exceed 45
feet in height.
• Minimum setback far sign constr~zctign shall be ten {10}
.feet from property lines.
2. when Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either ~"airmont Parkway, State Highway
225, or State Highway 1~6 shall be screened by on.e 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 eaxxtinuaus
visual. screen.
14
~EXHTBTT Cn
Page Z o f 3
b} The rise of earthen berms with approximately 3:1 side
slopes, 50' wide at the base and 8' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the 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 witlt~ 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
maintaixa.ed in a manner which is acceptable to the
gublic utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items b and c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of ar behind. existing facilities.
In all cases the S~' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free fzom any improvements except fox approved
driveway access and identificatzaz~ signs.
~`or cases of new development ar improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitab~.e landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot {10'} wide pedestrian anal bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway lgs shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Cade of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of land onto ~'airmant
Parkway shah. be subject to the rules and regulations of
Harris. County and provisions of the City°s Code of
Ordinances, whichever is mare restrictive.
15
"L+"XHT$~T C"
Page 3 csf 3
4. Driveways opening dram said strip o~ land onto Faxrmant
Parkway shall be appzoved by the Czty anal may require the
installation of separate acceleratianJdecelexatinn lanes.
5. Installata.on of a median crossover on Fairmont parkway shall
be subject to the approval of both Harris bounty and City.
16
Addendum to Industrial District Agreement (t{re "Agreement') 6y and between the City
of La Porte, Texas, a municipal corporation of Harris County, Texas crud US
Industrial REIT II, a Texas real estate investment trust
The Agreement is hereby amended to provide that the City's right to a tax lien on the real
property described on Exhibit A, as set forth in Article VII of the Agreement is subject to
the Company's right to protest valuation of its properties pursuant to Article VI of the
Agreement.
ENTERED INTO effective the I5c day of January, 2048.
US INDUSTRIAL REIT II,
A Texas, real estate inve,~tment trust
B
Name: ~p~ ir.~ ro ~~-~-ER~~~
Title: ~xerf,t~
~, g ®ir~Gt~r
ATTEST: CIT F LA PORT
City Secretary Ito E. Porter
~ Mav r
APPROVED:
By:
nox W. Askins Ron Bottoms, City Manager
City Attorney
City of La Porte
LJSAA REAL ESTATE COIIrPANY
u~
July 3a, 2aa~
~TIA iG'EDERAL EXI'RES~
{281) 470-5048
Kathy Powell
Tax Manager
City of La Porte, Texas
6a4 W. Fairmont Parkway
La Porte, TX 77571
RE: Industrial District Agreement by and between The City of La Porte, Texas and US
Industrial REIT II
Dear Kathy;
Enclosed herewith please find two (2) original Industrial District Agreements between the
captioned parties, each of which has been executed on behalf of US Industria] REIT II. Please
have both of the within Agreements executed on behalf of The City (including the Addendum)
and return one (1) fully executed Agreement to me for my records.
7f you have any questions ar comn~zents related to the enclosed Agreements, please do nat
1lesitate to call me at (21a) 641-$465.
Very truly yours,
Toni M. Fisher
Assistant General Counsel
TMF:mar
Enclosures
cc: Jason Hans, ~c~~IEnclosure
Tony Byron, wlEnclosure
983Q Colonnade Boulevard, Suite 600 San Antonio, Texas 78230-2239