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HomeMy WebLinkAbout2007-IDA-18 GWB InvestmentsORDINANCE NO. 20Q7-IDA-18 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GWB INVESTMENTS, L.P. A LIMITED PARTNERSHIP FOR THE TERM COMMENCING JANUARY 7, 20U8, AND ENDING DECEMBER 31, 2079, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. GWB Investments, L.P.; a Limited Partnership has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, 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 far 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, nnn~irl~,r~.-i ~nrl fnrm~ll~f ~nFcrrl r innn "I-ho !"`i~lf l~nr rnnil fi ir4he~r r~fifi~a~ ~n r.-.~rc~e~ ~nrl nn.~firrr.~ lrllll 1\.1[i li\.1 11.1 1V1111 Ily tr~V..l 4A r.JV11. 1 Flli Vliy VVUIIVII ILII ~IIVi 1 ~lil , I...pIVYYJ 11\A LVk 111!1 IJ such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 3`d day of ©ecember, 2007. CI 01= LA PORTS ~~ Alton Porter, Mayor ATTEST: ~~~ Mart a Gillett, ity Secretary APPROVED: Knox Aslcins, City Attorney NO. 2007-IDA- /~ STATE Off' TEXAS § COUNTY OF HARRIS § INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTS, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY" , and~j i,~e' ~ ,j ~'~,'~ytvr~~ti~s 1,. , a i.~;~z~ ~~~~~e:~ i~: ~ c hereinaf er 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 adopt such reasonable measures from time to time as .are permitted by law and which wi11 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 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 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 ~iT.anr~ ~~ 1 and ca i rl T.anrl hcinr, more ^ rti`'"'~ „~ '~.,•-•'.,,, ~ '' r "' t+a 411..+. ~.i.iy ~iiv wii vL.L a p1. GLV 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 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 DRAFT: November 1,-2007 i 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 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. T T 1 1 . 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 for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangibl Y pe ~ ona~ property in the unannexed area shall be conducted b Cit 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 1, 2, and 3 of subsection C, of this Paragraph III (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 Dees of entitled to an agricultural use exemption for pure 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 1st of the current calendar year ("Value Year") . C. Company and City agree tdurin h each ofothegVapuecYearses ("Percentage Amount") shall apply g Value Year 2008: 62% Value Year 2009: 62% Value Year 2010: 62% Value Year 2011: 02% Value Year 2012: 62% Value Year 2013: 62% Value Year 2014: 63% Value Year 2015: 53% Value Year 2016: 63% Value Year 2017: 63% Value Year 2018: 63% 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, 2008, 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 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} 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 an 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 {250], if construction is completed in Value years 2008 through 2013; and Twenty percent {200), if construction is completed in Value years 201.4 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 Cade. 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 . „ „ o , , „.. ~ ; ,.,., Agreement at a •i•wenty percent ~~~~r vasua~~~== 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%} of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000.00. 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 z ! ~! ~... a-~.,..,, fil-. ~ree7'lnri' l 71VPT1~'C~rV within the 4ity J-1i1i14~7! ~.ascii ~~~~ r~~- 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 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 ~ City and Company acknowledge circumstances might to provide emergency services to require the City Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, ublic wanks emergency services. If police, and p Company is not a member Company n agreesustoier imburse Aid Association (CIMA)r erner enc City for its costs arising out of an ~ ro girt Y response requested by Company to Company P P Y' and to which City agrees to respond. If Company is a member of CIS' edh b obth atCIMA agreement Y tod which shall. be govern Y agreement City is a party. IV. regiment shall. extend for a period beginning on the 1st day This Ag 2408, and continuing thereafter untile Dods of time of January, 2D19, unless extended for an addit and 1 City oaso p ovided by the upon mutual consent of Company Municipal Annexation Act; Provided, however, that in the event this Agreement is not so extended far a2019d~ the agreemen of periods of time on or before August 31, City not to annex property C ~ Cshall haveh thet rightstoy commence terminate. In that event, g ro girt immediate annexatio eemgint ednotwithstanding anyC f the sterms and covered by this Agr provisions of this Agreement. Company agrees that if the Texas Municipal. Act, Section 14~944440~ Texas Local G lotion nisCthereaftere ena ted by the aLegislature of any new legis the State of Texas which imps ~n grtot Company gory mposes hfurther of City to annex land be g g obligations on City in connection therewith after the raen C ~ ti~no of such land, Company will waive the right to requ' Y comply with any such additional restrictions or obligations and the rights of the parti aid hTgixas MunicipaltAnnexation Actoasathe with the provisions of ,^^^ same existed January "s, 1a~~- V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or 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, In the event Company elects to protest the valuat thefHarris purposes set on its said properties by City ar by County Appraisal DishiscA regiment shall pr elude such protesteand hereof, nothing in t g 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 VI(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 II 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 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 goad 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 (30j 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. 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. zn case of no agreement on 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 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 far calculation of the "in lieu" payment and total payment hereunder far the year in question. The Board shall hear and consider alI relevant and material evidence an 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 171, "General Arbitration", Texas Civil Practice and Remedies Cade). Casts of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. vzx. 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 for delinquent. taxes. vzzz. 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, far so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety f90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, 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 existing industrial district agreements after the effective date hereof and while this Agreement is in 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 same to embrace the mare 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 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 ar unconstitutionality 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. XII. 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 504 West Fairmont Parkway La Porte, TX 77571 To Company: Cam" ~,~1 ~ .~ N ~&~-_5~~~'~5 ~. ~ ~ (COMP ) Attention: Department ~, ~ ---- 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 Plant Manager Name : R ~~ ~ ~~ S~ Address: i?~~-~~ ~'~~y ~~=ra.it ~'c~P Phone : `~7 I ?, -'7 ~[ ~ _ ~ ~ ® ~ Fax: Email: Tax Agent/Billing Contact Name : G~ee,~ e ~~' S Address : ~, t ~ (a ~+, 2u:~'~ ~-'~~~~ S ~~ ~4 ~ Phone : ~g i~ $ ~- ~4,5`~, Fax: Email : y., bz~i- ~-~~a# 5 , ~~;~. ENTERED INTO effective the 1st day of January, 2008. COMPANY) By: me ee~ Title : ~r~t ~~ Address : ~ 1 is ~~~~r~w ~ . J~.4-~~~ -' ATTEST: CiF LA PORT C1 Secre ary Alton E. Porter Mayor APPRO D: ~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@camcast.net By: 10 Jahn Joe' ~ssistan't~City Manager CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the ~~ day of of ~ ~ ~~ ~~ ~~s~ n,.e-~,-E~ ~ .~:o~ax~n, a _'~°~G~~ ce~~; on behalf of said entity. ~,„~,:~~. ~t~~~~v~~.sG++~~-_ i~~~`" rl'"„,-(i?,"~t;:-Si~NEXP~AES :: ~7ruary 18, 2411 STATE OF TEXAS § COUNTY OF HARRIS § i Notary Public, State of Texas This instrument was acknowledged before me on. the ~~ day of ~ 200 ~, by Alton E. Porter, Mayor of the City of La Po te, a municipal corporation, on b h f said entity. Nota y Public, State of Texas ~~~~,~ BOO D S p~''~•,~~~6, 20. oP~Y P UB`~c~fi Q: ~ :~ N ; ~rRTE pF t~}~ i~ "EXHIBIT A° (Metes and Bounds Description of Land) I2 ~~, , ~ /Q~ Ex~~.bit A ~] ~~ 6JLfl~i EJ~~~~-P#tl Rerglster~d Pra{sssiana! L&nd Strru9yr~' I FiieNo, 99-Q42F j iy=avem"oer 16, 20b5 ~~ETES AND l;aT~S DE~C~"P'TT[?lti 3.3303 ACRE TRACT A tract of land ccz~taining 3'2.33Q3 acres being out oi'a 62.43x3 Acre Tract, being part of sn41 out v#'tlie residue of Called TractlF (~ 17.281 Acre Tract) as described in Cowaty Clerk's File~R27642b a£the Official Public Records afRea.1 Property of Harris Couzzt,{, Te~cas (QPItRPHC), and beixxg part 4)Er and out of the William l~I. Jones Survey, Abstract lea. 432 and the G. E, ilflc~instry' Si~zvey, Abstract No. 47, in. Harris County, Te:~cas; said 32.334 j acres being more particularly described by metes~axxd bounds as follows: COI~i iEN~ING at the Southeast corner of said Tract II. on the westerly Tine of f3ay Park Road (14(~ feet vvide3, iroin ~rluclz a £aund 518-inelz iron rad (eagped capper~eld zod marked #282' bears witness at S ~"o c1eg..39' 37" E, a distai~.ce of 1.b0 feet; i - THENCE, ~ 87 deg. 3I' 44" VJ, along the sautherly iiaae of said 62.9343 Acre Tract, same being the sautherly~lina of said Tract II, for a distance of 1,&14,x3 feet to the Southwest cornet o ~ said Tract II, an tie Nortlaea,st line of l--is Cauaty Flo~acl Control District (HCFCT3~ ~0 foot wide easement fnr Big Island Sinus. as described ix~ Volume 486q, Page 2&8 au4i Volume 5264, Page I24 of the i~a~rris Cotuzty~l7e~d Records, from which a found 5J8-' ch irc~rx rad Bears witness at S 3L dcg. 49' 33" W, a distance 47f 1:44 feet; - THENCE, s 34 deg. 59' 39" W, along the Northeast line of'said HCFCT4 2aSetxient, foF &413 ce Of 11.S.6b feet to a 518-iI:Clx Iran iad set £ax the PLACE QF $ECr~G; THENCE, ~ 34 4leg, 59' 39" V4r, cantin~ng along :he iVonheast Line of said I~CFGD easement, for a distance of 435.33 feet t4a x 5/$-arch iron tad set for corner, same being thevntersection 4}f the I~Tor+,heast line of said HCp`CD easement With the easterly ~ine• of Exxon Pipeline Corrid4?r "51 Q" (a 1 Q~ foot wide right-af--way); 'T'HENCE, ~ 14 deg. 4l' 49" E, along the easterly Ii.ne of said Exxon Pipeline. Corrid4>r "51b", fors distance of 1,4?5.46 feet to a Sl8-~.ch iron rac3 set for career; t P~qe 1 1'B2oi Gaff Freeway Suite 12S 1EYeErster, Texas 77596 aff3ce: f713} 8435$5 Fax: {Z81) 286.$462 Finall: dd2U6S~fla8F~.net .. .. n•i r. rr_..~___ ref ..~...~ [`L._.. f4..F~~ Nc%k 7~"~:Ji:ici IkilUl :kac I~: , E 7f~11(J ~. ~ ,~ Page Twg THENCE, N 86 deg. S2' 37" E, far a distance of 73l .34 feet to a 518-inch Iran rod set £nr the Northwest comer of a called I7.gb48 Acre Tract being indicated on plat cf st~vey by i~:l{. Kal~; R~'LS, dated November 18,1995, also being part of and vut of fat same called 117.28 ,Acre 't'ract as described in County Clerk's File 8276416 ~OPRRPS~C~; THEI'~CE, 1I02 deg. 27' S9" E, slang the westerly lute of said 17.964& Acre Tra.c#, fax a clistanr~ of 860.00 feet to the Sauth~test corner of said called 17.9645 Acre Tract, from which fottz~d Sf$-inch i,zozt rod (capped) bears ~ril~ess ai ~ 2©de~_ 47' 19" Ex a distance of 0.1~ feet;, THEI~iCE, S5 deg. 52' ~'7" E, along the southerly lime oa said called 17.9648 Acre Tract, far a di~'ance of 91 aA4 feet to a 51g-inch iron rod se# for the Southeast carnet of said called 17.96 8 Acre Tz~-ct, on the wes#~rly Line of Bay Park Roaz3.; 'II-FENCE, 5 02 deg. 27' S9" E, along t~Ze westerly line of Bay Park Road ~I Qa feet wide), foF a distant of 60.00 feet tv a 518-inch iron xod set for carver, same beiu; the lei ortheas~t corner of 29.5749 Acre Tract; . THENCE, $b deg. 52' 37" W, along #1~e unrtherly iiae of said 29.5749 Acre Tract, for a distatr of 1,400.00 feet tt~ a 5/8-inch iron rod set fvr oarnex; THENCE,~S 02 deg. 27' S9" E, slang fine westerly line of said 29.5749 Acre Tract, far a distan of S1~.31 feet to a 518-inch iron, rod set f©r carr~r, 'I'fiENCE, 'I S7 deg. 31' 4Q" W, a distance Qf478.39 feet to tlZe ~'QiNT ~F BEGINNIi~TG, of a ct containing 32.330 acres of land. ~~ ~ 3 T~~ l ' Tate: ~ .. i.r.•Ai ~.a~a~•~•.h••raa• 1JQ['~ ~~LFV~11~ a•TY •.••.1 .. y..l ... ~. C' *rng ~C~$$ ~4.=~,. Dos, T.7en5an, ~~r` `~~ ~ s }°~ `~~ RegistAzed Professional ~.a~cd ~`uL1F`r eyar N c~. 2068; ~.5~1! ~`~~ ST4TE QF TEXAS ~~?. ge 2 "EXHIBIT Bn 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.) "d9e ~ ~ Va6:f lJy P.~ G.~ _ `~S .~1. •~.=~.:. N ~ i l~ 1 ~ ~IV~ 13 °EXHIBIT CR Page 1 of 3 RULES AND REGULATIONS 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 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 for single tenant buildings shall not exceed 150 square feet in area. • One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. • Freestanding identification signs for multiple businesses shall not exceed 350 square feet. • Freestanding identification signs shall not exceed 45 feet in height. • Minimum setback for sign construction shall be ten (10) feet from "rOT1ert'r 1Wnes. r t' s 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 146~sha11 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 nE;XHIBIT 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 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 (10') wide pedestrian and bicycle easement, eSrt'aneli nrs al nrrr f'nYnr»n~cr ~ w Fair:;;ont p~,rvt.,~t. t., ,a ~'-~ ~ Y "` S +. ,tinraY uviinuuil', within the fifty foot {50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 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. 15 °ExHIBIT C° 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. ~. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. I6 INSTRUCTIONS FOR EXECUTION OF INDUSTRIAT, DISTRICT AGREEMENT Please follow these instructions for the completion of the form of industrial district agreement submitted to your firm. 1. On page 1, fill in the proper corporate name of your firm, and its state of incorporation, in the appropriate blanks. 2. On page 9, again fill in the proper corporate name of your company, and the department, and address, to which notices to the company should be mailed. 3. At the top of page 10, please fill in information as to the plant manager, and tax agent/billing contact. 4. Also on page 10, again fill in the proper corporate name of your company, and the name, title and address of an authorized official of your company. Please have the authorized official sign the agreement on page 10, in the presence of a notary, and have notarized on page 11. 5. As Exhibit "A", attach a metes and bounds description of all of the land owned by your company in the district. In lieu of metes and bounds description, a description of the land may be attached with reference to acreage, date and parties to the deed, and recording references of the original deed in the Harris County, Texas, Clerk's Office. You may wish to refer to your company's expiring contract, and then note any additions or deletions to that legal description. 6. Attach as Exhibit "B", a plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines, railroads, and also showing areas of the Land previously annexed by the City of La Porte. Tf such a plat is not immediately available, it will be satisfactory to the City for your firm to deliver the agreement without Exhibit "B" attached, with the understanding that it will be furnished to the City for attachment to the agreement, as soon as reasonably possible.. 7. Please forward two (2) signed copies to Mr. John Joerns, Assistant City manager, City of La Porte, 604 West Fairmont Parkway, La Porte, Texas 775X, by November 21, 2007. 8. Upon receipt of the executed industrial district agreements by the City, the agreements will be placed on a City Council agenda, for the formal approval by City Council by passage of an approval ordinance. Thereafter, a certified copy of the approval ordinance, and a fully signed copy of the agreement, will be forwarded to your firm. THANK YOU ,~``~ ;fr ~ ~~ ~ ,~ ~ \ c-'a~ ' ~ ~ ~, _ 1t ~ ~~ ~ . - ' `~~ r: T / ! , r~- /. ~ B ~~~~~ 1,, November 1, 2007 GWB Investments Ralph Best 6110 Fairway Manor Ln Spring, TX 77373-4932 Gentlemen: City of La Porte Established 1892 The City of La Porte is pleased to offer your company an industrial district agreement for the twelve year term commencing January 1, 2C08. Copies of the agreement are attached to this letter. After long and fruitful negotiations, this agreement represents a consensus reached between the City of La Porte and Industry Committee representatives. We at the City of La Porte feel that the continuation of industrial district agreements, which first commenced in the City of La Porte in 1958, is mutually beneficial to the City and the more than eighty companies with which it has such agreements. We request that your company mail or deliver the executed agreements to the City no later than Wednesday, November 21, 2007. The City of La Porte must complete annexation proceedings prior to December 31, 2007, to annex the property of any company which does not desire to enter into the proposed industrial district agreement. Further, the City must reserve the right to withdraw its offer to your company, if necessary to accommodate annexation procedures of other land in the industrial district, if one or more companies elect llot to erxter into the City ~ s offered agreement . If you have any questions, please call the undersigned at 281-470- 5012, or ~. Dale Cummings, Industry Committee representative, at 713-2E6-4456. Mr. Cummings letter to the City is attached. Yours y truly, ~~ Jj n J ns~ Assi ant City Manager 604 W. Pairmon~ Pkvay. La Porie, Texas 77571 (281) 471-502a ~UMMINGS WESTLAKE LLC 12837 Loaetta Road, Suite 201 Cypress, Texas 77429-5613 713-266-4456 713-266-2333 (Fax) OVERNIGHT. MAIL October 23, 2007 Mr. John Joerns Assistant City Manager CitS~ of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Dear John, RECEIVED OCT 2 4 ~~~d ASSI~TAJVT CJTY MANAGER'S OFFICE Enclosed are both redline and final versions of the industrial. district agreement acceptable to industry. On behalf of my colleagues, I want to thank you for the professional manner in which our meetings were conducted. Industry values its relationship with the city and we are pleased that this agreement could be reached. If you have any questions, please do not hesitate to contact me. Sincerely, ~~ D. Dale Cummings enclosures