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HomeMy WebLinkAbout2007-IDA-141 Almondwater, LLC i\ NO. 2007-IDA» STATE OF TEXAS ' COUNTY OF HARRIS ' JMIJSTRIAL DISTRICT AGRRUMMT This AOR13EMENT made and entered into by and between the CXTY OF LA poRTg, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called 9cxTx6, and ,�,}-,��,�F ,44a !'��, fes, _ 7-Rf ._ corporation, hereinafter Cell.leid "COMX", W ITNIMS S ETH: WHERE", it is the established policy of the City Council of the City of La Porte, Texas, to adopt ouch reasonable meaoures 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 industrial therein, and ouch 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 Forte, Texaa", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Aayport industrial District of Tia 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 Godes and WREgPAS, Company is the owner of land within a designated industrial Diatrict of the City of La Porte, paid land being legally deacribed on the attached Exhibit nAu (hereinafter "Lind") , and said Land being more particularly shown on a plat attached as Exhibit I'D", 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 WiEMS, City desires to encourage the expansion and growth of industrial plant-$ within said Diatricto and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council at said City and recorded in the official minutes of said City: FINAL ]DRAM Wovembar x, 2007 Iii. i NOW, wHEREFOR9, in consideration of the premixes 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 aLad Company hereby agree with each other as followa: 1. city Covenants, agrees and guarantees that during the term of this Agreement, provided beloW, and subject to the texmo and provisions of this Aq;eeement, said District shall continue to retain its extraterritorial, statue as an induatri.al district, at least to the extent that the same covers the Land belonging to Company and its aooigno, unleso and until the statue of paid Land, or a portion or portions thereof, as an industrial district my 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 ouch 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 Gestin 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 plate and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (e) attempting to exercise in any manner whatever Control over the conduct of busi.neso thereon; provided, however, any portion of Land constituting a strip of land 1.001 wide and Contiguous to either Fairmont Parkway, State Highway 229, or State Highway 146, shall be subject to the rules and xegulati.ona attached hereto au Exhibit 1501 and made a part hereofl 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 Dater Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, ruleo or regulations; to the same extent and to the some intent and effect as if all Land covered by this Agreement were not Subject to the Agreement. X1. 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 band and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.A. 621, Acts of the 65th Texas IAgtglature, Regular session, 1979, as amended) , tw appraised value for tax puxpones of the annexed portion of Land, improvements, and tangible personal. property ahall be determined by the Harris County Appraisal Dintri.ct. The parties hereto recognise 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 'yin lieu" payments hereunder. Therefore, the paxti.eo agree that the appraisal of the sand, improvements, and tangible personal property in the unannexed area ,,hall be conducted by City, at City'o expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieuM payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvemento, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Narria County Appraisal District to establish the appraised value of hand, improvements, and tangible personal property in the annexed portion, for ad valorem tags purpooso. III. A. The properties upon which the "in lieu of" takes are asoeooed are more fully described in ouboections 1, 2, and 3 of subsection C, of this Paragraph Ill (sometimas collectively called the "Property") ' provided, however, pollution control equipment installed on the rand which is exempt from ad valorem taxation pursuant to the provisions of .Sec. 11.31 of the Texas Property Tax Code io 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 Nin lieu of taxes" hereunder. B. On or before the later of December 31, 2008, or 30 days from mailiM of rax bill and in like manner on or before each December 310t thereafter, through and including December 32, 2019, Company ohall pay to City an amount of min lieu of taxeo" on Company'o Property as of January lot 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: 62V Value Year 2009: 62% Value Year 2010: 62%, Value Year 2011: 62W Value Year 2012: 62t Value Year 2013: 62* Value Year 2014: 63t Value Year 20x5: 63W Value Year 201.6: 631 Value Year 2017: 63* value Year 2018: 63$ Value Year 2019: 63% Company agreeo to pay to city an amount of 'Rin lieu of taxes,, on Company's land, improvements and tangible personal property in the unannexed area equal to the sum oft 3l. 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 Januaxy I, 2008, and each January I thereafter of the applicable Value Year during the team of this Agreement, (excluding amounto which would be so payable with respect to any Substantial Inc"aoe in value of such Land and improvements to which oubparagraph 2, below applies) , had been within the corporate limits of City and appraised each year by City's independent app7rainer, 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 name on January 1, 2009, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation) , for each Value Yearn following completion of construction in progress, an amount equal to Twenty-five percent (25W) , if construction is completed in Value years 2008 through 2013; and Twenty percent (20t), if construction is completed in Value years 2414 through 203.9, of the amount of ad, valorem taxes which would be payable to City if all of said new coxistxuction 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 Cod¢, 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. he entitled to additional Value Years under the new Agreement at a Twenty parCent (20W) valuation under this subparagraph (a) , for a rotal of air (6) value Years, but not extending beyond Value Year 2022. (b) A Substantial increase in value of the Land, improvementa, and tangible pexoonal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the leoier of eitheri i. at Least Dive percent (5t) of the total appraised value of Land and improvements, on January 1, 2001; or ii. a attmulative value of at least $3,500,000.00. •sean�reaS UWA81 Puv uOTIMMuo0 suxaZ axia 3o ouoTsTAoxd a-EgeoTjdds 4ua ;o AaTxotnnp aua zapun K'4=doxd Bono ;o uoTa q panuTatxoO aqa ao; apTAOxd aatxeuTpsO Aq ZTego aa.zod ell ;TO AITO aug 40 TTounOD Aa Ta aga ooetun 'quO%u8axSV alga iro gasodxnd xoa gdwaxe aq TMO AgaOdoxd . 30 adAl xo ss-WED eons ' (epg0 xey Aaxadoxd aexas gqq 30 ESU'll uoTaoas Pue uo'Fanq' :jSuOO sex2.L ega ao 'a-'C uoTlOeg 'TYxA aTuTazLd '04 Paa'FmTT qou Ina 'buTpnTauT) axnawcoTSe'i ouxal aga ao a0.0 xo auawpuemg TguOTgnaTjsuota Aq uoTligoml m=3 udwaxa aw.00eq Xazadoxd ;To edA-4 xa sse-CD aeuao Aug xo Axoquanu'F ptnogs 'xaygarLg •auamax6v sTWa oa saTaxud oa rL-Cdde TTego uox,4dmOxa AxoauaAuT :p0daax3 agl uega '93WTIC 42TO aua uTgaTM oataAedxea oq apoo xvL Aaxed=d Ower ega 30 TW TT uaTaoag pup uoTgngTaouoa awAaU ega 30 P-'C uoTgoeg 'ITYA eTaTaav Aq paxTxogan>e- uoTjdmoxa AxoauenuT !4xod9aza aq-4 -auv.xb oq aoaYe Aax:) pTnogs 'raAogg age �uTpugas xMaa ' 401-t4old VOTpzddv Aqunoo oTxz>sM atp Aq TpsTexdde Aq paur=azap Be ;oeataga uOTaxod pexauus aua uo tsexga waXO-[VA pe a,Al Ta ao qunowe aga Aq peanpox C pue $ IT a0 ulno OTT ua Tm appo xgy Aaxsdcua olexaj, aga ;o ouOlOTAoad OlquOT;dde Oqa gaTm eauePx000v ux 'aospez0v auepuedapuT a,AgXo aqa Aq ,xv9A gpga poeTuadde puts AaTa ao oaTmTY aaezodxoo aga uTIPTA UsQq peq ' JneTjddv oAoge 'r gdgz6 dgnO yaTgas oa Aaxedoxd T$uooxad ONTSuea Bane Xo anTteA uT taeeaaouz -CeFguia-4ngns Aue o-4 gaedsax gaTM aXggAed og aq PTnOm uaTgM saunome FuTpnToxo) 'auamaex6v Opla ;o maga aua buTxnp av-PA anTan O"MOTxdde aua ;o .zaa3eaxogq T Axenuep gala pug 'Boor, IT A,zenuejD u0 pagoTxa goTgm Aaaedoxd Tguoexod eTgT$utl p'Fee 30 TTg ;T 'Puuq aqa uo pea'soot 8bBx0:49 uT OIOMO,xd pup 'seuTTodTd llopgox'CTpx 'iumdxnbe paogaT ;o s OIT 'saoaxraauT TexauTw puts Iov5 'TTo ' (AxoaueAu; pe:4cUo xa axodaaad $uTPMOUT puce auOZ apV91 u6Texod Tpaspe; e uT AxoauaAuT -6uTpnTauT) 'Axogu®Aux 'uoTa's:jj►uTT anogaTA 'riu'FpnTauT 'AaY:) ;o aoTxaoTP T'sTx:lOnPUT up uT peaeaOT 'uoT�dTxOoep AaeAa ;o Agaadoxd 'Cpu09x8d aTgTfiuga s,Auedwo;) eqa .1p YYg uo Aa•p of a'CggAgd aq P'[ncm WMIA oaxea maxoTBA Pe ;fO_ gunCMV aga 30 auk eS,gauaoaed Put !a11"MA 'Loot IT Axenupp oqq o:l en-EmA aga axogsax 0:1 r gdex5ex'edgns sTIa xap= u<>TagTnoTpo aqa wbx; pano>uGa eq TTTA uoTaeToaxdup aq-4 ;a aunome uu4 o-A Tenbe aunom uv '40oZ IT A,)mnxmP uo pagsT'Cgeaea enTeA 1C-Axedoxd aga avroq paqeToexdep aAmq oeA-te& AazedOad buTIoTxa ,;x (a) •OWERA uT asgaxouT aga aoa aunOM atja gp OATaag oa poag'Cnuno act u= xeipA enTeA g uT paaaTdwDD axg gteq:F eaoarazd OTdT4Tnw 'guomaoaft oTga ao aaaodxnd Oql xod 5. City and Company acknowledge Circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. zmergency services are limited to fire, police, and public works emezVency services. Xf Company is not a member of Channel xndusta:ies Mutual Aid Association (CIMA) , Company agrees to reimburse City for• its costa arising out of any emergency response requested by Company to Company's propeXty, and to which City agrees to respond. xf Company is a. member of C 4A, the obligations of Company and City shall be governed by the CXMA agreement, to which agreement City Is a party. XV. This Agreement shall extend for a period beginning on the let day of aanuary, 2ooe, and continuing thereafter until December 31, 2019, unjaoa extended for an additional period or periods of tithe 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 Gime on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall, terminate. in that event, City shall have the right to commence i.mroedi.at;e 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 Municipa.J. Act, section 42.044, Texas Local Government Code, is amended after January 1, 7.994, or any new legislation is thereafter enacted by the Legiolature of the State of Texas which imposes grater 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 wa:.ve the right to require City to comply with any such additional xeatriations or obligati,ona and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same exteted January 1, 1994. V. This Agreement may be extended for an additional period or periods tagreement between City and Company and/or its assigns even hough 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. Vr. 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 ouch protest and 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 VI(B) , Company agreeo to pay to City on or before the date therefore hereinabove provided, at leaet 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 ouch final valuation, together with applicable penalties, interests, and costo. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article IX above (which shall be given in writing to company) , Company shall, within twenty (aa) calendar days of recei-vi.ng City's invoice, give written notice to the City of such disagreement. rn the event Company does not give such written notice of disagreement within ,such time period, the appraisal made by said independent appraiser oball 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. noth parties agree to thereupon enter into good faith negotiations in ars attempt to reach an agreement as to the market value of Company's property for pin lieu" purposes hereunder. If, after the expimtlon sof thirty (3o) days from the date the notice of disagreement was received by City, the parti.eo have not reached agreemeAt as to such market value, the parties agree to submit the dispute to final arbitration as pr'ov'ided in oubparagrsph I of this Article VIM . Notwithstanding any ouch disagreement by Company, Company agrees to pay Co City on or before December 31 of each year during the teaem 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 ass000ment and 'yin lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitratoro 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 to 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 sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. They Board shall hear and conoider all relevant and material evidence on that issue including expert opinion, and shall render its w-ritten 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 Oeneral Arbitration Act 4Chapter 171., "general Arbitration", Texas civil. practice and Remedios Code) . Conte of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear ito awn attorneys fees. VII. Casty shall, be entitled to a tax lien can 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 for delinquent taxes. VIM 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 situated within oa.id 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 an to property assigned and identity of assignee, of any disposition of the Land, and asoignment of this Agreement. ZX. 7:fE City e into an Agreement with any other landowner with enters g respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is. i,n effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend dame to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with exiating 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 businaoo activities. Without such agreement neither party hereto would eater 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 wards, 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 Che remaining parts of this Agreement shall not be affected thereby. Xl. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XXX. Notices by a panty 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 775571 To Company: f.�PJI(' I L I CpMPANY Attention: e, Department 45YNff�k) DRVA 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: i Plant Manager Name: 1 Addxess: INE Phone Email. _1, n Or1L4.L ,t v i Tax Agent/Billing Contact Name- , 'UC Phone; Email: ENTBRBD 1pi'D offeetive the lot day of .Tanuaxy, 2008. (COMPANY) By-, Name Address: Jam. f F STi CITY 0 T Syr secre'a, I,o s R by Ma or APPROVED: By r le er City Atto neys CitXf4knager City of La. Porte P.O. Box 1218 CITY OF LA POR2TE LaPorte, TX 77872-1218 504 West Fairmont Parkway 281.471.1886 Lia Porte, TX 77571 281.471.2047 fax kzjoxaskin0'@comcast.net STATE OF T>'4XAS ' CONY OF HARRIS ' This instrument was acknowledged before me on the qday of qr corporat a corpomtion, on behalf 6F-said entity. c WSIJB M ARGHIMD pu ic, tate of Texas NOTARY PUBLIC STATE OF VEM' MY COMM.M J245-2015 STATE OF TEXAS � COUN'T'Y OF HARRIS ' This instrument was acknowledged before me on the day of 20by Louis R. Rigby, Mayor of the C ty of La Porte, a unit pad. corporation, 0 behalf f said entity, o xy Publi.c, Stah6 af Texaa (Metes and Hounda Description of Land) STATE OF TEXAS JANUARY 14,20.15 COUNTY OF HARKS METES AND BOUNDS DESCRIPTION 4330 NEW WEST DRIVE% PASADENA,'TEXAS. 77507 ALL::THAT CERTAIN 1.317 ACRE TRACT OF LAND BEING OUT..OF ANIS -ART Of.. 1tEST[tICTED RI SERVE".B'",OF.BAYPORT.NORTH NDUSTRIAL PARK, PARTIAL REPLAY NO. I", ACCORDING TO THE:.PLAT RECORDED IN FII MCODE NO. 51.6293 OF THE HARRIS COUNTY MAP RECORDS, SAID. 1.317 ACRE TRACT ALSO.BEING OUT OF A 5.7515 ACRE TRACT'OF LAND DESCRIBED1N HARRIS COUNTY.CLERIC'S F1.LE NO.;20090388467 AND BEING MORE PARTICULARLY DESCRIBED!.BY`11+IETES AND:BOUNDS AS FOLLOWS . Basis for:bearings: West R.O.W .line of New Vilest Drive per record plat: BEGINNING at a.1/2, inch iron rod with cap kt>for the Southeast corner ofthe herein described 1.317 acre tract'of land,.said boint also being located North 03 66' 23" Westa distance:6f 297 71i.feet frarn the Southeast comer.of saidS.7515 acre parent tract and lying ifilhe West i2.O.W.line ofNew'West Drive(6Q' R.O.W.) TBENCE across:and through said Reserve ,W'and along a line parallel to.the North'Iine cif said 5;7515acre tract; South. 86 53' 37a, West }gassing at distance of 354:42 feet a Y2 inch iron rod,With can set for reference and in continug;a total distant of 424:92 feet.to the`Southwest corner of the herein described 1.317'acre tractof.land, said point also lying in the West line of Reserve"B"; THENCE'along the West line of Reserve"B" same being the West dune of said 5.7515 acre tract,North 03'06'23" West.A distance of 135.00 feet:to the Northwest corner of the herein;described 1.317 acre tract"of1and,;.said point also being located"South 03°60'23"West, 150.00 feet froin.the Northwest corner of said 5.7515 acre tract;: THENCE across,Reserve"B".and parallel to the North;',line of said'5.75,15 acre tract;of.larid,,Nortl .8fi 53.'37"East passing at a distance of 70:{10.-feet a'/Z.ihch iron rod with cap forrefercnce and confibuing a_total distance of424.9.2 feet_:to a'lz`finch"iron rod with cap found'for the-Northeast corner of.'the"herein described 1:317 acre tract of land; said point also lying in the West It_O.W.of New West Drive,same being the East,line ofReserve: THENCE Along the West R.O.W:.curve.of,New'West Drive,same"being the East line ofsai;d Reserve"B";.along;a curve to the right having a radius of 560;00 feel, a central angle of 009 ST 22"and:i arc iength of 9 67'feet to a 518 inch iron rod with cap found;a point of tangency; THENCE continuing along the:West R;t3.W.Iine of New West Drive;South;030 06'23"East a distance'of 135:00 feet to the P..OINT OF BEGINNING and containing 1.317 acres of land. PIAT AT'T'ACHED 0 « INS V BARRY IX ADKINS,, &P.L.S.No. 6137 jbb:4;NewWeA4330 IIEXHIBIT 8" 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 Forge.) 119XHXbXT C11 Page Iof.' 3 RULMS ANA REOUTATXONS Any portion of sand 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 following nS 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 HAII which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 1001 strip of land shall be subject to the following provisions: cx one freestanding Identification sign shall be permitted for each gide of an industrial -establishment that j fronts on an improved public right-of-way. a Vreestanding identification signs for single tenant buildings shall not exceed 150 square Feet in area. 9: One freestanding identification sign for identifying ' multiple businesses is allowable at the intersection of: improved public rights-of-way. Gt Freestanding identification signs for multiple businesses shall not exceed 350 square feet. C iTxeeotanding identification ai.gns shall not exceed 45 feet :in height. (z 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 5o, of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall he 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. sxioting trees shall, together with other vegetation and underbrush, create a continuous visual screen. "EXXHIBIT C" Page2of3 b) The uoe of earthen berme with approximately 3.1 side slopes, 501 wide at the bane and V' high. The beXMO may be landscaped with a combination of trees, shrubs, and ground Cover. All berms and landscaping will be maintaimd by the property owners. c) A screening pian, 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 continuouo viouA1 screen. Provided, however, in public utility easements or rights-of-way, the vegetation ohall be installed and maintained in a manner which is acceptablO 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 exioting facilities. in all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape eaaement and shall be kept f'r'ee from any improvemento except .for approved driveway access and identification signs. For canon of new development or improvements where a 50' landscapes easement is not available or pxacti.oal, company shall meet with city to determine a suitable landneaping alternative. d) xn the casae of land contiguous to Fairmont parkway, in addition to the other requivemento of. these Rulee and R.egulati.one, 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 (501) landscape easement. The: pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from oaid strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulationo of the Texas Department of Transportation and provisions of the Ci_tylo Code of ordinances, whichever is more reotriative. Driveways opening firm said strip of land onto Fairmont Parkway shall be subject to the xuXesa and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. C PIRMIDIT C" Page 3 of s 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate aoceleration/deceleration Janes 5. Installation of a median crossover on Fairmonk parkway shall be subject to the approval of both Harris County and City, CITY OF LSA►PORTE INDYJrSMAL DISTRICF—WATER&BE ER APPLYCATION (LOCATION OUTSIDE OF MY LBUTS) HUSIN NAM: CONTACrPERSON: SERVICE ADDAM: M-ekA_") 1� "DC, C (ADDRw OP SITR REcEi a Acru.AL ii1 viM AMU. G ADDIWM: W!�C> t-A ic w k)CS-� 'D 9,.r (Al)DRRSS TO BE USED POR DILLU40) j 1 7k j _T..�L;s - N!)7'ETOCAN'APPROPRIITEBACKPLOWPRRV 'ION'1)BV1'CS ISRKQUJAW ON'TIM COMMIR'SSIDB OF TIM M13TAK AT T1IEPROPERTY LNF, FOLLOWINGCHYAPPROVA4 THE CERUIFM7TONTBS AVORT ON TILEDEYICE SN'XI,L BL PROYIDED TO TD'L C17rSPUBLTC WQA0DIVMQN. PTAFF USE ONLY Legal Descxtption: HCAD Parcel# H. All Admin.Fees Paid To Iuspection Services Divb1on: C.C.Approval-OWN Approval Date: Wator Service Use: Aomesdo Fire TndusWal Landscaping Sewer Service Use., -OR- NO CLT'Acceptance Of Water&I(k-Server Line(s): Confirm Landscape InstaIIation: Confirm Ba&fiow Protection Of City Main: Watu Motor Sime(a): Set Meter Only: Tap&Meter. ([den*$lzpK604 size Of Sewer Lag Qf A icaia]e): WATM CHAROW:$ Date gfPgwnenr(s): SEWER CHAR0139: $.... �beelptNo.# Coinputer H"by; WF#As&fgtad: 3:lCP3he►oUnspcctivnsllt�AYJS�RIAL W&S"PUCATION.doo 03-06.01�tev. r CITY 017 LA PORTE COMMERCIAL APPLICATION WATEWSEWER SERVICE NO. DATE TAKEN CUST REP DATE NEEDET) ACCT# CU$TaMER NAME_A)nn_p A'Y 3 LLL (LAST) ^` � � ��,,,�']'^ ' SERVICEADDRE4.S 43-3 D !� EO IAL _e# �.. MAILING ADDRESS 4+ 50 MEW UJESr b9_1 YC. PHONENUMBER - !l�- 2 `-2 l 9 DO YQU,,, RENT___LOWN TYPE OF BUSINESS II&F 24 HOUR EMERGENCY PRONE# OWNER/MGR NAMI3 NEIi/MORPHONE# FLAMMABLBS/COMMIlM! Now, o E , OW'NER INFORMATION y PMPI.QYED AT, n T� .L�)qT, DRIVERS LICPkM#+-� �0�{ 1 // ca nnnR�ss _� I,ta�d f �_ 1�lZ 1 V8 TAX ID 9 ( � ^.4 5 t4 `( CO PHONE# 2_21 - 4-7-4 - 70�D_ THE UNDERLSIGNQD HEREBY APPLIES FOR WATER SERVICE WITH THS CITY OF LA PORTS AND IS HEREBY SUBJECT TO THE POLICIES AND PROCEDURES USED BY THIS DEPARTMENT. BILIS MUST BE PAID WffMN]S DAYS ATTER MAILTNG OR A PENALTY WILL BE APPLIED. FAILURE TO RECEIVE YOUR BILL DOES NOT IVAIVE THE PENALTY, IN THE EVENT THAT THIS ACCOUNT IS TRIUMINATED AND LEFT WrM AN OUTSTANDING BALANCE,BY SIGNING BELOW;YOU AUTHORIZE THE CITY OF LA PORTE TO REPORT YOUR DELINQUENT ACCOUNT TO THE CREDIT BUREAU. «*" DEPOSITS ON COMMERCIAL ACCOUNTS ARE IIEFUNDED AF1I3K T13RMINX)ION OP SERVIC13 WITH Ttili CITY OF LA PORTS.**** BY INITIALING HERE, I HEREBY GIVE PERNUSSION MR MY ACCOUNT INFORMATION TO BE MADE PUBLIC. INITIALS _-- ----. IF NOT MLE CdUINTtdRMATION WILL REMAIN CONFIDENTIAL. Oj"R Si TORE ss�����s��������r���M•Fr�t�rr��i ■�����t�����a��rrrr■rra���������rrr■■■r■■■rRr■rr NEW SI3RVICE.0MOSITAMOUNT PAID RECEIPT NUMBER WUM-0mvECOPY GIt9FA-CUSTOMER COPY GOLD-blMDEPT NO. ........... .. . City of La Porte &A*HO � z Nova 18 2007 (�entix�nen TM ACX of ra e is )Aea0ea to after: your raM►gy an �.t�uCrl% dist riot agxsament Poi the twelve year term 90mmaim Uamieaxy l., 2000. t.opies of the asreemMt aro atimWied to this let. gAfter UOMgruib � Li ' a)Mbraenta a a usM aw � Cttyof ftrba -mid znftouvy OxTodt t" ret t ativeo. We at bhe CjtW of Ia Roxte reel thst the *mUn:atim of indastxia:. disCrJob agreemntal, WWI first: omomoed in t bAO City ag, rA koxto in Ugs, i0 mut mlly bonogioial to the City and the uV" t jtan *,ghW aceNlgmAe0 with whiob it h4o awh agxoamwtte, ga xegUbOt that yQM r OQVAWj mate, Qx 49a.ivar the OXWM44 ag"ettt as to trite Ofty, no Sather thaa Nedmodaye Mavewbax 21, 3007. Tho C.i.t:y of Lat ate Wdt: O&V1e4 anmmtson pr*00 $.or to p®oetnber, 31, 20071, to spnex the pxvperty, of any m*atp whish do0a+ not: de4,vo to Atex Into trho. prgosed indust:rM dlstriat: a�lt:eetr�ret;, . Fur>:hw, the City musty xeeeva bhb W ht: to withdraw its Offor to your cssaq�emy, if noueesaxy 00 mccohmome at►ramtion pbdadures 09 pollex' Mud In the b dusbxial diotriab, it c46 or moa;e 00manUM -Ojeak riot to enter Into the Citsy'a afered a9voeymut. X:C you have aDyqty atjma,. pletwee caU the enders geed at 2$i,-4170. 6012, or n, bale Cumtd:go, xndueur tloWitCee kepxeauntativo, ms 713-266-4456* Mr. Gins letbOV to the Ulty 40 att gdb*d,. iyr ohn J a seta t My biazt�eae 604 W:�atrm4rt Rk+a� UlPo�ta.7UxeeT!$?1 • (281 ibStMOt 0V thO COM16blOn Of i�.s ua4xi ldi,etr t aar"mantonsubtaitteed t6 YOM UM the► form of �. : onpage i, Rin in tho-Vwpov ampoxa Of Your tim r rud its state of inc7Moaat vn, in t� t� 3, on pap 9, again till in ti* Mopex ODWMAU AMD of YOW o0oony, =a the doWmikt, and addM00, W v hiah n0tiCee to • the coWwW abould bo w4led. 3: ht thO top Of10, 934"s fill In ingormtion ailto the plaint mnager•, and tax agent/bdl lino aontaab. a. Alda an s :L0'�3t M10ex xang yourtiY , tle n4 roe oan y IAA7, sas0 have the • of OL notary,aLP a havea nootax# on p 011. in the As 301bib of e, attadh a metes and bounds 4*00riPtim of all Ft. 04" the land owrood wyyopUx p any in the dieb�i0t. lM Ueu of mare+a *rA bouAft gromwiptun, , 4e00slytian of the bend my be attaahad with refemwe to 4=0065, dvLts enact Wtia0 to tl* d$od, and racmdi.� e f he l ft0d iv bbb garrie Cpuntylw1ob to ea: tee• yoUx pov+ Y'p �i aontx�nob, eens9 then note ariy a witi ons or dozati ons t4 C uall dworipti on. �. ut-apb so and bit "b", a filet z*aMti tho c q l�iEp bow � iimsl a "Im layout, ob a l imp ovemex►ts, 3r pludb, a VIVO ineu, xal,U0404, and a24o dim areas oe thb land previolmly aerie O& bY Che MY 62 Ifo pastel It .auah a plat Wt jTMm44abe�.jlr availaht o, ZG will be aat;i 4actox to ths City Siidhsm9� Wlht B t odstunfl0taUnd th4 t U1 ba j!umj0he4 to Pho pity fwc attadbmvat to the AMm*r*nb, ae soon an reasonably poasible. eib n 0ai AgNiat c � w? Cityyof D4 Paxta, 64 t vzwmt aexkwyj La ffoxtef Tugs 77571, by N4MWd lex 21, 3007, t3. t pcm z^eaeipt of bbe OMUted intluAtxial 610j=iOb agraeMntp bk the city, the *0iseem"to will belaced On-a city aaanvil toonft.. gor the 90m]. l by City COUP 41 by � QA an appxoval a�dix aMO. �te r, a 0ex-tified a the a�gresVat.1 o nwe, ,and a Wly pigned dopy a� bhe eugl�+eE�1AeY1b, wbe J: ►zda8 to yaux I$=. ' %fm YOU Cry WmAn LLC RECEIVED oatnb��3.�40'1 •(lCY �d 2t�'Y Mr.ift-Toecig A8$18TANT CITY d(t$Weat�lenao�t @ai�c+aVay . 'Y%pqi%TAX 77571 11CQg IOU. 13S►nloacc+d ate botfi iso anti iUactl v�efaiw of iho ItiRuetde!dlaklo� ent aeaepla6laDn fnOtrattq. Qn bedieff�atm oalkaguo4,Yrx�rtio ilienic�►ax for��a �a�a�alq�s�>nnn�7tt►+�►io1�ourmaa��w�x+oondi:a<od. • i mlyy Valu lb xelatiomblp With the ofty and wo ate pl*PW tiiKOS olyrawag rytomm ifyou have euy ymtkNK piem do not iiOlO to W aofateot ma. . . .Dalecommkp . Colo" This PI1I yappeenmbe ODTNIpI looyvel Ilom darn ens in iM1e year nomdein per imuranca rate20ZONE-M13041L as per,mp gB201 COB40 L damd:O6.19U7. This determl�mtlanm beuudfor Ram CRY pR�v N EO O= IO nm pm porea ONLYerM b NOT be relmd upon b,ANY Den,purpura Baneyar pmaYe•mrepre.eNawnum whether ropeM may Fmm. NEVI /6D \\ SCALE:1"=30' Fm.]1e'I.R. x I ��� ti.ere•IA STD M.H,MH \/ IIII STORM M.H. 1 1 I II I I 1.4353 ACRES `1 1 I lYl (62,524 S.F.) rve • ` • M 1 z I out o/Rese "R• `•,�.•�•'•• ••.�SAp 1`1H 1 TOR. M.H. 1� cl u 1C3 1 I I ;I o III . . : A : : �• � �� I I eRAVEL111gi - '.1' •• I O II le l O6]O I I I 1• - I•.. N.MH r O_ I I I _ im.R•A� I I 37 424 92 N, °f I N 86 53 IZ I Qom. Fm:i c A I (BLunp CeinN � I I 1:•R. (n o M II I I I 1.317 ACRES I I I L6C3I I (57,370 S.F.) L I out of Reserve 1eBee I 0 I I I I fTl I � III I II o OI I II o II I Z: I � I ICV I S I \ I I I 86'53'3711 W - 424.92' I pl]a:•IA L., I S.E.CORNER OF 5.7515 ACRE TRACT rxccf Na7mWJaeaE71 Nota: This survey was Performed without benefit of a btle •BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ATTACHED. LEGEND: I commitaantandmBynot show all dead reaeicticns, SEOF7Fy Noma: u,E.•wlny Euement easements,bullding llnos end other matters of record. 91P°baieq'•`9S T a°°0 m *tl6 �TOi" -BaNe Nr BOOr11g:RECORD PIAT D.E.•Drolmae Easement BAYPORT NORTH INDUSTRIAL PARK PARTIAL REPLAT NO.7 •Dlemncee etw«n ale grouts dammee. B.L.-WUOIN❑ne _l cowumn. •A11.bWaminp dam by we company. O.E.•GW Ea..—. FILM CODE No.515208 OF MAPRECORDS HARRIS TEXAS •ane.L.bau.E.b moven bars remMee phtuNeea DunmbD rated I.R.•ben Red BARRY D.ADKINS sow I.P.•Iron Rpe /� •Dlmenabntiea lromimplovsmenbbpopertylnm era wbMemd.mamdd No7m RIP•Pin.ri—Pipe 6137 4330 NEW WEST DRIVE PASADENA 77507 relied upon for eon.bucw,,;mremovald any Mpnwmenm lreWu W— P.P.-P—Pob 011141--n4 9pPf88tON�P .1 -BuUng dlmenabna maymt be l¢,db—a tO aRuarefmmge. S..S.E.•Sbrm S—r EaaemeN 4H 1O NIA nx N/A NIA •Thl.pr.,q.ubl.,t airy eM almmrdm am uNecordm euemeM.surveyor S., E.•Sa-q Seael EvaemeN ��� �S L � I� �BURNF' gip,. M1e.mademinveatlgetlon orlMrpeMenlaevrtM1 fareremeNa of rmmd H.C.C.F.No.•Harrb CouNy CmrY Flb Number rvra.nwnR�u umym.�.roib.. �pn,ieiu�E u.lme lmi w•m +1f'7R�.1 �lee>7Ijt- encumbremea,,e.trlDe+ecwemNauowrcnNp WeevMerce, ya„p,,,m,a,xw,p,,,, rm.aom Sato W. rte.sorts aM Field Cmx:EP NDuamn.Tma7Tm1 DraftrJB PI]75]&IE5]•EmaR 4ac®mnmsom P,el.dt:SOOM77507NwvW,,W"