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2007-IDA-110 Bayport II Mountain West Houston LLC (ord#3098,3099,3100)
NO. 207-IDA-!/~ § STATE OF TEXAS § COUNTY OF HARRIS § INDUSTRYAL DISTRICT AGREEMENT 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 BAYPORT II MOUNTAIN WEST r,, HOUSTON, LLC, a limited liability company, hereinafter called "COMPANY", ~ W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adapt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing .industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City az~d its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "'District", such Ordinances being in compliance with the Municipal-Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter '"Land°); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to ezzter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1, 20p'7 1 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: Z. 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 retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion ar portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further 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 from annexation by City during the term hereof (except as hereinafter provided} and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b} prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' 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 Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute ar intervene in any administrative andJor judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not 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 Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area far the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the 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 for "in lieu" payment purposes, such appraiser must of necessity appraise the entire annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections ~., 2, and 3 of subsection C, of this Paragraph TTT {sometimes collectively called the "Property"'); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing "in lieu of taxes" hereunder. B. On or before the later of December 37., 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, 2019, Company shall pay to City an amount of °in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . C. Company and City agree that the following percentages ("Percentage Amount") shall apply during each of the Value Years: Value Year 2008: 62% Value Year 2009: 62% Value Year 2010: 620 Value Year 2011: 620 Value Year 2012: 620 Value Year 2013: 620 Value Year 2014: 630 Value Year 2015: 630 Value Year 2016: 630 Value Year 2017: 630 Value Year 2018: 630 Value Year 2019: 630 Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of 3 1, Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 200$, and each January ~. 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 Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of Gity and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (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 L, 2007, resulting from new construction {exclusive of construction in progress, which shall be exempt from taxation), for each Value Yeare- following completion of construction in progress, an amount equal to Twenty-five percent (250), if construction is completed in Value years 2008 through 2013; and Twenty percent {20%), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within. the corporate limits of City and appraised by City'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 2016 or 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 (200) valuation under this subparagraph {a), for a total of six (6} Value Years, but not extending beyond Value Year 2022. (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 (50) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at Least X3,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value, and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an 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, 2008, and each January 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 to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City~s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City~s ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the Freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the Freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class ar type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11,253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Cnmpany to Company's property, and to which City agrees to respond. If Company is a member of LIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the lst 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 extended for an additional period or periods of time on or before August 3~, 209, the agreement of City not to annex property of Company within the District 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, 5ectian 42.044, Texas Local Government Code, 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 imposes further obligations on City in connection therewith after the annexation of such land, Company 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 provisions of said Texas Municipal 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/nr 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 a part. VI. A. Tn the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years dozing the terms hereof, nothing in this Agreement sha11 preclude such protest and 6 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VZ(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" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which 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 court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article Iz above (which shall be given in writing to Company), Company shall, within twenty (aa} calendar days of receiving City`s invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "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 good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. Zf, 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 vz (B) . 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 amount of the "in lieu" payments which would be due hereunder an the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement an this arbitrator in 10 days, the parties will join in a written request .that the Chief Judge of the U.S. District Court for the Southern District of 'Texas appoint the third arbitrator who, (as the "Impartial Arbitrator"} 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 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 1.71, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of 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 far delinquent taxes. vxll. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in 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 hereinabove 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 or any 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 band, 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 AUG-20-2p08 WED 12;09 PM FRX W0. P. 1p existing ~ndustaria~, c~~,strict agreements after the effective hereof and while this Agreemenk. ~.s in effect, which contains anc~ proviaioz~s mare favcrab~,e to the landows,er than thane in Agreement, company anc~ its assigns sha11 have the right to this Agreement and G~.ty agrees to amend same to embrace the favorable terms of such agreement ox re~,ewal agreement. ~. date terms this amend more The parries a.~ree that this Agreement cotnpYies with existing latn~s pertaining to the subject and that all terms, Gox~s~,~exatian,s and eonditiox~s set forth herein are .awful, reasonable, appropr~.ate, and not un~t~~.y restrictive of Compar~y~s business activities, With~a~,~t such agreement nexthex' party hereto would etzter into this Agreement. Zn the event any one ar mare w'taxds, phrases, C~aL'1Ses, sentences, paragraphs, sectioan.s, articles ear other parts of th~.s Agreement or the app~..ieata,can thereof to any Berson, firm, corporation or ca.rcumstances shall be held by any cvuart raf competent jurisdiction to ]ae invalid or uncanstitutiar~al far any reason, then the app~.ication, invaYidity car uncanstitutidnality of such ward,, phrase, c~.ause, sentence, paragraph,, section, arti~ie or ether part of the Agreement sha11. be deemed to be independent of and separable from the remainder of th~,s Agreement ar~d the valic~~.t,y of the remaining parts wf this Agreement shall. not be affected r;hereby. xz. Upon the commencement of the term of this Agreement, all other px~evic~usl,y existing ~.n.du,stxial district agreements with respect tca sai$ l,an~ shall terminate. xII. ~Tot~.ces by a party to the ether party hezetca, shall be ma~.~.ed ^r del~.vered a.s follows To the Ciry of La Porte: C~.ty Manager City of La Porte ~~~ hest ~'airrnant Parkway Ira Porte, T~ 77~7T To CCstnpaxiy; ~AYP(7RT IT M()[T1~3''~'ATI,V W~~~ H[7USTON, z.,~G ~rAg~(COMPANY ) Attention:, ~epart.ment w~ ~~ F~ . ~Cc?; 4 4 Company sha~.l p~ramptly notify City of any change of ownership of Property, an,y assignment of this Agreement, and of any ahaz~ge of bi~.ling address. Com~sany shah, notify City annua].1y, can car hef~re dune 1, o£ any changes to the follaw3.ng xnfc-rmation: A~IG-~D-~OQB ICED 1~ ~ 04 Phl FAx N0, P, 11 Plant Mar~ag~r ~ Name : w., w~ Address: ~'hc~ne Fax: Frn~.i 1; Tax A~'ent/BillXn,c~ Gantact ~ Name : _ ~1 ~~1CG~~~-_ Addr~~ s ; ~ ~6 d~ ~ . P~re(~ts G~ due . ~ci 4~ ~r v~L Ssesttf Finai~.: ~~bul~~lC1Va~~G~u1? -°~a~',,,,Co~'- ~N'~ER~D INTO ef~ecti~re the 1st day of January, 2D08. ~B:~YPOR'I T MOUNTAIN WEST' ~t]UST011T, ZL~ ATTEST : C Off' LA PO e ~y: City Seox~etaz~y .~ ,._- A~.ton E. Paxter~ ." Nlayar AP i~12O L] ; ~- ~,.~,, .~ ' f' Ey: nox ~1. .,skins ~ J n ,T er ~.."~..~" C~,ty Attorr~~y A,ssista Cit~r Manager City Q~ Spa Fa:f;te ~' . O. Lo2~ 1~ ~, $ La part~e, Tx 7757-~.,~18 281.471 . ~,$$G ~~1,~71.~047 fax ]c~~oxa.~kinsC~~am~ast , ~,et P X) ~~' : __ Name : ,o+o _,.~-,~ ~ ~ r- ~~ ..~,_,.._...~ Ta,tle : ~CS~~} ~1n.rr~.na- ~ Address : 4UU ,m ~ . ~ ~-~ ~~r-e ~ql® CITY ~F LA Pgk7.T~ 6014 West Fairmont Parkway L~. Porte, T~ 7771 10 A[1G-20-20D8 WED l~ ~ 04 PM ~'AX NQ. ~'. 12 CDID~~l6 S ~`AmE C1 F ~ § ~~~ COL~I"T~' 0~' '~'hxs ~rastru ant was ~.~ ~_~2~0~ by l~afore me an th~~ day of oz~ k~e~f o~ sa~~d e~nti~ ~' ~~~1.Dl~.d~ a , ~ e.,~ ~- f~Ot.~-,1.L~ 6r~at~d ~iA~c ~ C~'U ,~P~`•~• P'U~~~C Net pu c, tats of ~ O ;~° ~ ~ ~, ANN ~~~ (~ ~+PAN~MD ~O '~T~e OF C4 S TA~'E 0 ERAS ~ ~c}U~1'I'Y (~~'' ~iARR.~S ~ T is ~nst~ume~,t was a~]~x~awle~ged before me an the ~~~, `clay of -~ 200_, lad A~.~ori ~. porter, Mayor o~ the City of L,a ~ a, a mx~nxcipa~. carpexati.on, on behalf of said entity, ,~„~, ota ~u]~Y~a, Mate of ~'e~as ~QY~.G,•a~nrr~~(e~slon E~fxpMh~~a ~hax~ "°Y.vr~~l ~~. ~W* 11 "EXHIBIT A" (Metes and Bounds Description o~ Land} 12 TRACT 1 METES & BOUNDS DESCRIi'TION 4'1.7070 ACRES OUT OF THE Wlt_t_lAM M. JONE5 SURVEY, A-482 HARRIS COUNTY, TEXAS All that certain 41.7070 acres of land out of certain called 11.4012 acre tract as described in a deed dated 09-26-2005 frvrrr Sunoco Potyolefns. L.P. to North Bayport Pasadena IP, L.P., Inc. fled in the Official Public Records of Real Property of Harris County, Texas ai Clerk File No. Y-7$0859, Film Code No. 011_ 77-2288 and residue of certain called 347.2 acre tract as described in a deed dated 02-24-2003 from Huntsman Polymers Corporation to Tuffli Company, Inc. tiled in the Official Public Records of Real Property of Harris County, Texas at Clerk Flle No. W-512838, Film Cade No. 564-49-2160 out of the William M. Junes Survey, A-482, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found "RR" spike in asphalt marking the northeast corner of Bayport North industrial Parts according to the ptat thereof filed at Film Code No. 437010, Harris Gounty Map Records said point also being located in the south right-of way line of Fairmont Parkway (254' wide) at its intersection with the east right-of--way line of Underwood Road (50' wide); Thence N 75° 44' 17" E - 88.32', with the south right-of-way line of said Fairmon# Parkway to a found 518" iron rod with cap marked No. 2763 rr~arking the beginning of anon-tangent curve to the right having a central angle of 00° 18` 31", a radius of 5,920.79', a chord bearing of N 78°06'40" E, a chord distance of 31.90'; Thence continuing with said south right-of- way line for an arc distance of 31.90' to a set 518" iron rod with cap for a point on a curve to the right and POINT OF BEGINNING of the herein described tract; said point on a curve having a central angle of 08° 06' 50", a radius of 5,920.73', a chard bearing of N 82°19'20" E, a chord distance of 837.76 ; THENCE continuing with said south right-of-way line of Fairmont Parkway for an arc distance of 838.46' tv a set 518" Iran rod with cap marking the west end of a 20' cut back line; THENCE S 48° 20' 39" E - 28.20', with the said cut back line, to a set 518" iron rod with cap for comer; THENCE S 03° 09' S1" E - 157.55' to a set 508" iron rod with cap marking the Point of Curvature of a curve tb the left having a central angle of 18° 23' 40", a radius of 530.00', a chord bearing of S 12°21'41" E, a chord distance of 169.42'; THENCE continuing with said curve for an arc distance of 170.15' to a set 518" Iran rod with cap far a Point of Reverse of a curve tv the right having a central angle of 19° 37' 17", a radius of 470.00', a chord bearing of S 11°44'53" E, a chord distance of 160.17'; THENCE continuing with said curve for an arc distance of 160.96' to a set 518" iron rod with cap marking the Paint of Tangency; THENCE S 01 ° 56' 14" E - 1,468.48' tv a set 5I&" Iran rod with cap marking the north end of a 20' cut back line; THENCE S 42° 43' 18" W - 28.45', with the said cut back line, to a set 518" iron rod with cap for carver; THENCE 5 87° 22' S1" W - 895.07' to a set 518" iron rod wi#h cap marking the east end of a 20' cut basic line; THENCE N 47° 16' 42" W - 28.12', with the said cut back line, to a set 508" iron rod with cap for corner; THENGE N 01° 56' 14" W - 1,873.79', 98' east and parallel with the said east right-of-way line of Underwood Road, to a set 518" iron rod with cap located in the south right-of-way line of said Fairmont Parkway at its intersection with the west end of a 20' cut back line; THENCE N 38° 06' S6" E - 30.62', with the said cut back line, to the POINT OF BEGINMNG and containing 41.7070 acres (1,816,756) of Land, mare or less. Compiled from survey by: PREJEAN 8 COMPANY, INC. Surveying /Mapping 256-~4-8RA.mb November 28, 2005 rr EXHTB TT B ~ Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.} 13 W G r O Z L~ A A O W W W ~ i C O v ~ C• ~ Q ~ v v C ~ ~ ~ NEW DECADE DR. "EXHIBYT C" Page 1 of 3 RULES AND REGULATIaNS Any portion of Land constituting a strip of Sand 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or 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 on, an improved public right-of-way. • Freestanding identification signs far single tenant buildings shall not exceed 150 square feet in area. 0 One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. 0 Freestanding identification signs for multiple businesses sha11 not exceed 350 square feet. • Freestanding identification signs shall not exceed 45 feet in height. • Minimum setback for sign construction shall be ten (l0) 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 Fairmont Parkway, State Highway 225, or State Highway 14& shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 14 "EXHIBIT C" Page 2 of 3 b) The use 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 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 public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. 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 ar improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) 1n 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 (lo') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (5a') 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 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 opening 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 Cn Page 3 of 3 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 15 ORDINANCE NO. 2008- ~j~`~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA FORTE AND BAYPORT IT MOUNTAIN WEST HOUSTON, LLC; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 Cade; 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ~~~~ PASSED AND APPROVED, this 25th day of August, 2008. TY OF LA PORTS ~~ By: Alton E . Porter, ~~~~_ Mayor ATTEST: ~. Mar a A. Gillett City Secretary APPROVED: Clark T. Askins, Assistant City Attorney ORDINANCE NO .~ a o s- 3 C ~(~ AN ORDINANCE APPROVING AND AUTHORISING A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA FORTE AND BAYPORT TT MOUNTAIN WEST HOUSTON, LLC; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWf AND PROVIDING AN E~'~'ECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF LA FORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ardinan.ce, in substantially the farm as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 pasted 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 pasting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, th~.s 25th day Ot August, 20Q$ CITY OF LA FORTE By. Alton E. Porter, Mayor ATTEST: Mar ha A. Gil ett City Secretary APPROVED: a A kins, Assistant City Attorney 2 1 STATE OF TEXAS ~ COUN'.I Y OF HARRIS § WATER SERVItCE AGREEMENT (for Companies loca#ed in Bayport North fiad~zstrial dark In 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 BAYPORT II MOITNTAIN WEST HOUSTON, LLC, hereinafter called "COMPANY". I. COMPANY is the owner of certai real property which is situated in CITY'`S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPAN Y are parties to a currerrt Industrial Disttt~ict Agreement. II. COMPANY is desirous of purchasing potable water from CITY far usual. human domestic consumption and uses, and for litxrited industrial processes as hereinafter stated. Previous planning considerations for the long range potable water supply of CITY did not include the needs of property located outside the city Jiznits of CITY. COMPANY recognizes that CITY cannot at this time provide pem~anerrt and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, and(or its desired amocmt of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. ~~~~~ ~ 2 Upon review of these representations, the City has determined the following: Number of Company Employees an site Number of Contract Employees on site Total on-site Employees Potable Water Approved for Domestic Use {Total on site Employees times So gpdper employee) *Patable Waxer Approved for Industrial Processes {gpd) Total Amount of Potable Water Approved for Company (Average Daffy Demand, gpd} IV. 160 40 200 l.o,aoo 300 I0,300 CITY has determined that adequate facilities are ava~able to CITY to famish potable water to CONIl'ANY based an the following terms and conditions, to-twit: (A} Company sha11 pay to CITY aone-time adtxrinistrative connection charge of NIA (B} Patable water used far Industrial Processes shall be lirrrited to the following: Butt ' fires er desi ed for ar ' hazard ou 2 350-450 m landsea e iiri anon. (C} COMPANY shall file an application for water service with CITY'S Utility Baling Division and pay appropriate deposit and water meter charge. CITY shall be respansi`l~le for furnishing acid installing meter at Company's expense. COMPANY shall be responsible far installing appropriate meter box to be approved by City_ {D) Where applicable, COMPANY shall also pay to CITY $ N/A as a pro rata reimbursement for installation of ut~ity rr~,ins funded by other parties. [E} The total amount of Patable water approved (average daily demand} is established at TEN TT3OUSAND THREE bIUNDRED (10,300) gallons per day. This number is based an an average of fifty {50} gallons per employee per day established by CITY, plus any amount approved for industrial processes. 3 (F) The average marrthly demand of THREE fIUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY (314,150) gallons is established by multiplying the average dar~y demand by a factor of 30.5, which shall be used to facilitate service billings. (G} The cost of water up to the average monthly demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED _FIFTY ~314,150~ gallons shah be ane hundred fifty percent (150°/©) of the CITY'S rate as established from time to time far cammercial customers inside its corporate limits. (H) The cast of water for amounts used in excess of the established average monthly dernarrd shall be two hundred percent (204%) of the CITY'S rate as established from time to time for commercial customers inside its corporate lirruts. {I} Nothing contained in this Agreement shall obligate CITY to fiu-rrish mare than the average momhly demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIF I`Y 314154 . Repeated cor~urxxption greater than the established average monthly demand may result in termination of service. (J) CITY shall have the right to interrupt or tempararr7y suspend said water service to COMPANY if an emergency arises and there is not arr adequate water supply to meet the needs of the citizens of I,a Porte. {K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. {I.) The, total cost for the engineering design and canstruclion of any potable water maim, service lure, back flaw preventer, meter or other required appurtenances wrll be the responsr'br7ity of COMPANY. {M)COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the fur~ishiirg afpatable water to customers within the corporate limits of CITY. 4 {N} All plumbing installed by COMPANY connected to the domestic water line froth CTTY, shall meet all appfieable State of Texas and CITY plumbing code requirements. CTIYS engineering and code enforcement personnel shall have the right of prior review and approval of COMI.'ANY'S plans and specifications for the pluumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the fizrnishing of potable water to COMPANY. (O} A reduced pressure zone backflow preventer shall be installed anal xnaixttamed by COMPAN Y to protect CITY from any possible cross-coztrtections. {P) The potable water supply system wdl be segregated from arty existing and fixture COMPANY fire protection systerrt. {Q} There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in ExYnbit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter, service 1u~tes from the maim to the meter-, and fi orrt the meter to COMPANY'S fac~ities, shall be solely at the expeztse of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY w~l have ownership and maintenance responsibility for its water rt~ains, and service lines up to and including CTIYS water meter. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. S VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water fac~ities, and to observe eon~pliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S fac~ity. VIII. CITY reserves the right to termunate this agreement m the event of violation of the terms and provisions hereof by COMPANY. CITY wi71 provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) clays may result in termination of Agreement. CITY shall have the right to su~rnnar'dy correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have uP to size {6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to tern~iriate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the exterrt of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is na effective Industrial District Agreement between the parties or if CITY exercises its right of termination. _ ~~~ ENTERED INTO effective the ~ ~~ day of ~_____, 2008. AL1G-0-008 ~fED 12 ~ 06 PM FAX ~[p, P. ~3 6 CITY ~~' ~,A P[~RT>3 A'i"'!'Fi~'C: ~11I~f'[~h~ ~. Cri Ott TTM. City ~ocrc;y By. Der: ApPRbVEI]: ~1"s~T T. A5iCSFIS City Attorney ('.ity.Attomey PO &~x 1218 LR~ Pt~rt.e, ~"~ 7772-1218 Phone: (281) 471-1880 I~~c: (~St) 471~~.t)47 Ba ort YI ]VXvunt~i~ Wit Hoastun, LLC Cry t1e-.. r 5~~A f ~ ,..rw, ..,._. ^~_ Addreas: 4O~ ~ P~en~ r~ ,A.v~ ~~~ vVo®~ ,,,~i1L ,..,.~~. ~~a~ City ~~r ~.a Porte 604 Wes# ~'ai~Yrnont Park-uv~,y L~ T~rnfe, '~'~ '777 i Phnr<e: (2$1} 471-5020 I~ax: (281) 471-7X68 x~r~ ~~l~~ms City 1v(anager l STATE OF TEXAS ~ COI ]NI`Y OF HARRIS § SANITARY SEWER SERVICE AGREEMENT (for Companies located iti Bayport Nortt- ~dustrial Park ~ 'This AGREENIIJNT made and entered irrto by and between the GTTY OF LA FORTE, TEXAS, a municipal corporation of Harm County, Texas, hereinafter called "CITY", and BAYPORT II MOUNTAIN WEST HOUSTON, LLC, hereinafter called "CONIl3ANY" z. COMPANY is the owner of eertaan zeal property, which is situated in CITY'S Bayport Industz gal District and not within the corporate lu~.~its of the CI'T'Y. CITY and COMPANY are parties to a current Industrial llistrict Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlitrtited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of fuznishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ITI_ COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has refied iz~ entezang into this Agreement. ~/~17':. 2 Upon review of these representations, the City has deterrrrined the following. Number of Employees on-site Number of Contract Employees Total on-site Employees 60 40 200 Sanitary Sewer Desired for Doxnestzc Use (Total on site tirraes 50 gpd per employee) 10,000 Sanitary Sewer Approved for Industrial Processes (gpd) 0 Total A-~noux~t of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) _ , ,10 000 N. CITY has determined that adequate facr7ities are ava~able to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (Aj. Company shall pay to CITY a onertitne adrrrinistrative eonneckian charge of $ NIA (B}. COMPANY shall. file axr application for sanitary sewer service with CITY'S Utility B~71ing Division and pay appropriate deposit. (C).. The average daffy demand is established ax TEN THOUSAND { ~ 0,000) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (Dj. The average monthly dezxzarzd is calculated to be eighty-five percent (8s%j of the average daffy demand multiplied by a factor of 30.5, which shall be wed to facilitate service billings. (E). The cast of sanitary sewer service up to the average monthly demand of TWO HUNDRED FIFTY-NINE THOUSAND TV4r0 HUNDRED FIFTY (259,250 gallons shall be one hundred fifty percent (150°1°) of the CI'I'Y'S rate as established from tune to time for commercial customers inside its corporate Limits. (Fj_ The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY' S rate as established from tune to time 3 for caz~mercial custozxaers inside its corporate lirrrits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of TWO HUNDRED FIFTY NIl~TE THOUSAND TV~O H[JNDRED FIF~'~Y 259 250 gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H}. COMPANY agrees that daring periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I}. CITY shall have the right to interrupt ar temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La. Porte. {~}. COMPANY agrees that it shall. be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Cade of Ordinances) and any subsequent amendmeirts or revisions. (K). The total cost far the engineering design and construction of any sanitary sewer main, service line, fift station, meter or other required appurtenances w~l be the responsib~7ity of COMPANY. (L}. COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the famishing of sanitary sewer service to customers within the corporate limits of CITY. (M}. All plumbing installed by COMPANY connected to the sanitary sewer line from CZ`I'Y, shall meet all applicable State of Texas and CITY plumbing code requirements. CI'TY'S engineering anal code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPA~vY. (N}. There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of 4 service lines by COMPANY to serve other parties. {O}. COMPANY shall submit a certified site plan showing the total acreage of the tract including preserrt and proposed improverner~ts and a suitable location map of the site. Company's development project nay be subject to certain additional requirements as described. ~ Exhibit A. These requirements shall be shown on the site plan and approved by City. Y. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall awn acrd maintain all service lines and plumbing fides. VI. CITY has no ownership and/or maintenance responsz`br~lity for the sanitary sewer mains and/or service lines within Bayport North Industrial Pazk. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, ar replacemen-t_ VII. CITY reserves the right of entry at all reasonable tunes for the purpose of inspection of COMP.AN Y'S sanitary sewer facilities, and to observe compliance with the terms and conditions ofthis Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to fallow established health and safety policies in effect at COMPANY'S facr`Lity. ~. CITY reserves the right to terrrrirtate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY wr`fl provide COMPAN Y w€th written notice of any defects and COMPANY shall have the opportunity to cure any defects. Fa~ure to correct defects within ten (10} days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened AUG-20-~OaB WED 12~D7 PM FAX f~0, P. 29 5 1X. Upon rc:oeipt a€vsrrittan native of tcnr~inatian, CCIMPANY shall have up t~~ aix (G) r~lanths tcy pr~~are far transiticzn to anather• sanitary s~vcr se~viee provider. If'the tra~~itic~n is not complete witl~rn said six-n~c)r~th period, Cl`I'Y small ham the eight to tcr7rinate st~.rri•y sewer service at its sale cfisc~•el.ion. X. 1n the event of any canl~lict between the temas and pravisic~ns of this Sanitary Sewer Sc~rvt'ee fi~grec~rr~nt ~-nd the terxxis {mod iaravisians c~l`t?~e XndustY7al Iistrict Agracrnunt between tlrc parties, tl~c te~~ rind pror~s7c~rrs of floe S~rtary Sewer Scrvace Agreemcmi tihail cont7al, t~ the extent cif such c~:~zaflict. 't'he term QF this Agreerncnt shall ter~~ninatc t7n lUeceml~r 3 X, ~U l ~. However-, this ll~eticment shall cutc~rnatica]fy expire at such time as there i~ na ci~'e~~ive Tndrasti7al District ~'cerr~ont 1~trvc-c~ the ps•~rtics or ifCl'!'Y exercises iTs night oftcTmir~atian. BN`I'XYrltk?.L) INTA el]r~ctive the _,_~ day af_ ~ ~S~t.., ZOpB. BA,i~FOk7' Yrl MCf[]F1TAilV WEST HOUSTUN x.I.C C;U~Y Title; ,~~ ..tL7"r'LST; 1'T ~ f,A PE~3RTps , ......- t3 ~'~ ~at~-rya A. Gillett y Alton L. er ~ City Secr~taty Mao Al'PR~V>3C~; ~ C'lar T_ Aslcins Roar, X;attarr~, City ACtorr~~*~r City M:~nagac• Aua~~a-~oo$ ~D ~~; a~ ~M FAX R[0, P, as 5 This ~ ~;7~C~IT A, consisting cyf 1 pa~c~, xefcrredta in acrd part afthc Water Service Agr~~nent ar~dlur Sanitary Sewer Serve A~'e~emtent bet~rrerr CITY arcci CCM1'1~NY' cjated Initial: CIwTY CQMZ'A.NY 117;~1]['.C[t)I~TA~~. REQ~~(1t1,,IViFNT~ 7'ltc .~lreett7crtt is ;a.rnencicd and serpplcrrtentecl to r'ncli:de tlic fc~llawing a~}r-eernerrt of the parties (~O.M~R,t~1!lY sh{rll pravide ~ulditional intprctverxaents as speciFically set forth below. These a~'eertients repzesent co~r;~ctraal undertalrings ~~' COMPANY, trndcrtal:err to ~dnce CITY tc~ sell wa#cr and/crx s~initary sewer io G~TVIPANY pursta~nt to the teratrs of tlyo Water Service .E1gr-eertta~ryt and/or Sanitary ~evuer Service Agreement and this addendum. Said adclitianal irrrl.~rovcment~ urtclcrl~sken Uy (:C~1`rIp'ANY are <~.n integral pzrt oftl~e cor~siderakion by C~MP.AN~' l'car ttlyt~tirring the prrivision af'water andlor sanitary sewer service frc~ttt CITY. 1) Storm Watc~ Plan: liar new devclapmarr-t CUMP~'1~1'Y shall provide a Stai•n~. Wafiat• ]~anagcxrrent Plan that is approved by 1'-iarris Cortrtt~r 7;load Control Distract and CI~"~`. C[)MFAN'~ s~l~all ca:nstru,ct and maintain any storm wa1~r systeatr its a ctrrtditian of contirtaed, w.~.ter and/or savor service. ~) B~a.[rtifics,tiGtra Z a:Ffotts: CDJVl1'ANY shaET.l sulrrnrt a I~asrdscsping I?latt subject to approval by CITY. CC~MP,A,N Y shall ixtistall anal tnair3tain laxrdscaping along its czcisting developed frontage as -per approved Lanclscapin~ ~'1an as a cortditiort of continned'water service. 3) Sampling We11: C~ll!CPANY shall install a sanitary sewer sampling we11 in accordance ~vitlt CITY's s Candards. 4) T7~cltIStr•saX Waite Pi`nxrit: C;CIMPANY shall srtlxa-rit application to Cl<'Z'Y 1'or industrial waste permit. f i~ , ~` _ ,3 r ~ ft~; i ~ r.l~= ~ "~ r . 1 ~ ~ <}. ., . ~, `, ~ ll <__~ ~ x r 3 4 i-,,, - .~ - LL_ r~ r~: r ~~ 7~ '1 _ _ C' i . 3 z j _ c r t.~' '.i ._ ` _i r; {[; ,~ r rrr, k ~Clz~~ ~ ~~3 t ~J?C~~C`~Vat~L?~ ~~~. .~_ - _ S ~ ^ r', ,. -; n ~ K _~ ~~~ -S -~ ~jj~/.f3/7' ~