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HomeMy WebLinkAbout2007-IDA-128 North Bayport Industrial Park II, Ltd., 10200 New Decade DrNO, 2007-IDA-�s STATE OF TEXAS COUNTY OF HARRIS TNDii ITR1AL DISTRICT AGR.EMIEDiT This AGREEMENT made and entered into by and between. the CITY OE LA PORTE, TEXAS, a municipal corporation of Harris COu ty, Texas, hereinafter called "CITY", and North Bayport Industrial Park II, Ltd. r a Texas limited partner �p �. hereinafter called "COMPANY", WITX9 LS ETH' WHEREAS, it is the established policy of the City Council, of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will ten, to enhance the economic stability and growth of the City and its environs -by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as, the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District"., such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHSRBAS, 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 "E", 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 WHERRAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRUT, November 1, 2007 I Now, THEREFoRE, in consideration of the premises and the mutual agreements of. the parties contained herein and pursuaw- to the authority granted under the Municipal Annexation omAct and e ordinances of City. referred to above, City Company hery agree with each other as follows. I. City covenants, agrees and guarantees that during the term of :his 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 or portions thereof, as an industrial distriaythbefar�ind pursuant to the term of this Agreement, subjectforegoing 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 rrom annexation by City during.the test hereof (except as hereinaOter 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 p and provided, however, it is agreed that city shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as 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.R. 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 for the purpose of computing the "in lieu:, 2 payments hereunder. Therefore, the parties agree that the appraisal of the band, 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. zxz. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and.3 of subsection C, of this Paragraph III (sometimes collectively called the isprtaert !') , 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 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January Ist 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 YeaXs: value Year 2008: 62V Value Year 2009: 62W Value Year 2010: 62W Value Year 2011: 62% Value Year 2012: 62%, Value Year 2013.- 62t Value Year 2014t 63%, Value Year 2015: 63W Value Year 2016: 63-t Value Year 2017: 63%- Value Year 2018: 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 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., 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 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 Code; and 2. (a) an any Substantial increase in value of the land, improvements, and tangible personal property (excluding inventory)- dedicated to new construction, in excess -of the appraised value of same on January. 1, 2007, resulting from new construction (exclusive 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 (25t), if construction is ` completed in Value years 2008 through 20131 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 Citir 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 2015 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 (20 0 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 (5%7) of .the total appraised value of Land and improvements, on January 1, 20071 or !I. a cumulative value of at least $3,500,000.DO. 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, values and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Compenyis 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 Thcrease 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 Cityls 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 Caty,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 or type of property become. exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not Limited to, Article VIIT, 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. City and Company acknowledge circumstances night require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to dire, police, and public works emergency services. if Company is not a member of Channel Industries Mttual Aid Association (Cna) , Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. if Company is a member of CIMA, the obligations of Company and City shall be governed by the CIN& agreement, to vhich agreement City is a party. This.Argreement shall extend for a period beginning on the ist day of January, 2008, and continuing thereafter until. December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreemen`. 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 Conpany'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, 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/or its assigns eve though it is not extended by agreement between City. an. and all of the owners of all land within the District of which it is a part. VT. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing -in this Agreement shall preclude such protest and 6 Company s)3al3- have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as othGzwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore 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 Waich shall be Filed by Company. tRhen 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 430) days therea!ter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any re -fund due, as the case may be, based on such final valuation, together with applicable penalties, •i.nterests, and costs. B. Should -Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article 11 above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give written notice to the City of such disagreement. in the eTent 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 tastes" 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. If, after the expiration of thirty (3o) days from the date the notice of disagreement was received by City, the. parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (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 on 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 on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the J.S. District Court for the Southern District of 'Tarns appoint the third arbitrator who, (as the "ImparAal Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the i 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 ,hen be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General j 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 accrete 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. VIIT. This Agreement shall inure to the benefit of and be binding Ripon 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 herei.nabove 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 Land, and assignment of this Agreement. I$. 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 .�erms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and 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 i 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 unconstitutionali-y of such words, phrase, clause, sentence, paragraph, section, article . or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Xi. Upon the commencement of: the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ' X11. Notices by'a party. to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: North Bayport Industrial Park II, Ltd. (COMPANY) Attention: Department 27RO � k rn-_'sTQ,�in itP� Company shall promptly notify City of any change of ownership of property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: 9 I Plant Manager Mr. Bob IClassen Name: " Sunbelt 0mv,;- cofa7 Bui l clers, Inc. Address: 11650 jcr*s rbad.* -suite H Houston TX 77070 Phone: (281) '890-4� Pax: ,(281) 890-7316 Email: .bQb@gul3sxa11L-niilii-mom Tax Agent/Billing Contact Mr.. Harvey English. Name: ctwercial Tax'1,10twork Address' 9222 Anto=e Drive Houston, TK 77.08Q Phone: (281) 897-113.9 Fax: ") 897-�OOQQ�g;� ' Email: h:, lishl�oarrrr��TA'f ffiaTSRSD INTO effective the Ist day of January. 2008. APPR07P xnox W. As City Attorney City of La Porte P.O. BOX 1218 La Porte, TX 77572-1218 281.471.1886 282,471.2047 fax knvxaskine0comcast.net By; 10 8tev VUllett Interim City Manager Cxw OF. LA PORTS 604 Weat Fairmont Parkway La Porte, TX 77571 1j�N w STATE OF L4o A �tts COUNTY OF 44AR' This instrument was ecknowledged before me the �da of y� , 201L , ,o on Y by /�' !�• `T'� I'� r 4_re5(O�i�'!-F _. Of L0,14 (4� Af 4- -QAfj mArta( 8!� K COYporation, a �-�rcy corporation, on behalf of baid entity. NATHANA EATHERS Notary Public, State of s-or, COW #1908588 'r NOTARY PUBLIC • CALIFORNIA b 'I' LOS ANGELES COUNTY t'A H MYC�PINov 13,2014 STATE OF 'TEXAS ' s COUNTY OF HARRIS ' is inst ent was acknowledged before me on the 9,5 day of 20 by Louis Rigby, Mayor of the C ty a La Porte, aUnunicip-altcorporation, on behalf o d entity. o ary Pub sc, torte of Texas Qti�Y P� YVONNE GARRISON *" MY COMMISSION EXPIRES October 28, 2013 "$ffiiIBIT All (Metes and Bounds Description of Land) 12 METES AND BOUNDS DESCRIPTION OF 2.9179 ACRES OF LAND OUT OF RESTRICTED RESERVE "F" BAYPORT NORTH INDUSTRIAL PARK II FILM CODE NO. 625094, HCMR HARRIS COUNTY, TEXAS All that certain 2.9179 acres of land out of Restricted Reserve "F", Bayport North Industrial Park II according to the plat thereof recorded at Film Code No. 625094, of the Map Records of Harris County, Texas, out of the William Jones Survey, A- 482, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found 5/8" iron rod with cap marking the northeast corner of said Reserve "F" and being on the south right-of-way line of New Decade Drive (60' wide); Thence, S 87122' 51" W — 389.46', with the north line of said Reserve "F" and said south right-of-way line to a found 5/8" iron rod with cap for the POINT OF BEGINNING of the herein described tract; THENCE S 020 37' 09" E — 354.31' to a found 5/8" iron rod with cap for corner; THENCE S 870 27' 55" W — 359.00', with the south line of said Reserve "F" to a set 5/8" iron rod with cap for corner; THENCE N 020 37' 09" W — 353.78' to located in the north line of said Reserve line of said New Decade Drive; a set 5/8" iron rod with cap for corner T" common with the south right -of -Nay THENCE N 870 22' 51" E — 359.00', with said north line of said Reserve "F" common with the south right-of-way line of said New Decade Drive to the POINT OF BEGINNING of the herein described tract and containing 2.9179 acres (127,102 square feet) of land, more or less. Compiled from a survey by; Prejean & Company, Inc. February 10, 2012 256-4-33-A.mb trEX$TBIT 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 8%"-. CL ov uj IL L-L p-m— ti 27-L ------- 4--- 'ONI'SI133NION'3 NOSdr4oRL OE)NIZM —e " / �' ///—i F j L^ 5p8 a -a ��%e4�$}�idl�k@[99Fy� a"�ppO�`�t�gFqt �E1Ef�F§°!i{€g3 3 e 7 �. �! � aa4]��! $%• 2 �_B � 6g��4 ¢5 l�4 gi =ix3 • . s ' � pjp 4 � sz4���i���l��� �aj�i4;�1F�1, 4j6gg@ 48 :0 �,n I c I i I II II!III I ' � 1 I I i 14s I I I ICI .I I I II I I II I t>I tl I: II I III I I I �Ij I II I �t I , i� 'll�l 7 wlll I,°III Ofh ] I I � � 131 I III � z ' I ili I ICI g IIII I I i � Il gl III III - I I ; I I I II II I s. III ------ �I I ► IQIII 4 �j �1 i tF IN Iil I! I I I I I III I ;IN I I I I I III I �n'vggdl $4ii 3l,�j F! s� 7� ifF I I I I I I ' i I III �n�g � 'iet4 iEej{ � 9 ikz} pf;11 ;i9� fi ` 3� ?j 7t4t { I �II I ' �� II p! �a��c�F f1�s i' i(�34 7a bti� `4t!° 9 SEggEf fi� ��77i �E{pS4 k II I I q5 yY II I s I __JI I I s I II 1' 1 'mom € � a $ q�4j4il7�1�ai4g$4igFFppFF�t�7�f ,a y4l47i4 9€E@78lt€F1111 j 4Fd4 i71e`e t .a.- elOee•:.\e®.� a ISS9 �{11� S:� i � 1 n w #BMBXT C" Page 1 of 3 RULES AND REGULATIONS Any portion of sand constituting a strip of land 1001 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 band described in Exhibit ttA° 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: CC One freestanding identification sign shall be permitted for each side of an industrial establishment -,hat fronts on an improved public right-of-way. M Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. (4 One freestaridi.ng identification .-Bign for identif:_'ring multiple businesses is allowable at the intersection of improved public rights -of -way. (Z Freestanding identification signs. for multiple businesses shall not exceed 350 square feet. 2 Freestanding identification signs shall not exceed 45 feet in height. a Minimum setback for sign construction 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 pipe-Une easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques; a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. 8xisting trees shall, together with other vegetation and underbrush, create a continuous visual screen, 14 "FXHXBIT Ca Page 2 of 3 b) The use of earthen berms with approximately 3:1 side slopes, So wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover . All berets and landscaping wi .l 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 mariner which is acceptable to the public utility company, and does not interfere wit.1 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 or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative, d) in the 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 (101) wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (501) landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3.- 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. I 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. 4. "MMIBIT C" Page 3 of 3 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. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City.