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HomeMy WebLinkAboutO-2020-IDA-122 Duke Realty, LP4 ORDINANCE NO. 2020-IDA-122 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DUKE REALTY, LP, AN INDIANA LIMITED PARTNERSHIP, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: ;Section 1. Duke Realty, LP, an Indiana limited partnership has executed an industrial 6 district agreement with the City of La Portly, Toxas, for the term commencing January 1, 2020, i and ending December 31, 2031, a copy of which is attached hereto,, incorporated by reference herein', and made a part hereof for all purposes. i !Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and i deliver on behalf of the City of La Porte, Texas, 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 I posted ate a place convenient to the public at the City Hall of the city for the time required by law i 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 whichthis ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. i ,Section 4. This Ordinance shall be effective from and after its passage and approval, and it'is so ordered. PASSED; and APPROVED, this 13 th day of January, 2020. ATTE8T:I' - : i Woodward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney NO. .2020 IDA- STATE: OF TEXAS ' COUNTY, ;OF HARRIS ' . . . INDUS,TRIAL DISTRICT AGREEMENT. .':. ... This .AGREEMENT, made and entered into b. . and between the CITY OF LA: ::PORTE, TEXAS, a, municipal corporation of Harris:: County, Texas; hereinafter called "CITY" , and L•cnni�td :. f_ ... bitn&sg ceaton, :hereinafter called "COMPANY" , W .L .T. N,.E. .S . S`.E. TH:: . .: . WHEREAS, it is the: -established :policy - of the City Council of the City of LaPorte, :Texas, to adopt such reasonable .measures from time 'to time as are: permitted' by :law::and which- will tend ' to enhance the economic stability and- growth of the City and its.' environs by attracting the location of new and the expansion:: of and adopted by this Cit. Counc.�much policy. is hereby reaffirmed_ existing industries therein, and _c �Q�,� ;.� �� ��__�L� .. , . t of the City and its citizens, and. WHEREAS, pursuant to its iance No 729, designating portion its extraterritorial jurisdiction :o trial District of- La Porte, Texas" , itin portion$ of. the area. located iZr, as the -"Bayport: Industrial V V > as,,, hereinafter collectively called ie ng in compliance with the Municipal ;fled as Section 42 ,04.4, Texas .Local,,c WHEREAS, Company is the gated. :. : Industrial District . of ,the , CJ eing legally described on the. at fter , "Land") , and said. Land being t plat attached as • Exhibit "B", : whiff (ship boundary lines; a site layout, ding '' --�..-.«:..: - .w +i v vGua�iiL� l'S 1C:.1 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 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 €ollows.: . '... ::Y.: ..::. .:... City covenants, agrees and guarantees that clurng.the tem of this Agreement, provided below, and subject to the terms -and'' :provisions; of this Agreement., said District shall 'continue to retan::it' extraterritorial status:as an industrial, district;: at least.to aYie 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 district :may-. be changed pursuant :to the terms of this Agreement. Subject:to the foregoing and to the la.... rovisiong :of this Agreement, City::.does further covenant, agree and guarantee: that such industrial. district, to the e:ktent::that it covers said.Land.dying within: said Distract :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' Piave extended; to it any serviced by City, and that all Land,.:including that which has°been heretofore;. annexed;, -shall not have:extended to_it:by.ord trance 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 �n any manner .. whatever . control" over... the .conduct . of business . 'thereon, :. provided, however; 1} any: portion of Land .constituting' a strip of: land', 100 ,..wide: and..contiguous- to .:either Fairmont_ -Parkway,- " $fate Highway 225 , or State Highway ] 46, . shall be - suj ect to tlie. rules ..and ..regulations att6C ed .hereto as -Exhibit'-"- and -made `a` part ::hereof, 2) internodal shipping -containers (including: but not limited. to.. kref ght; and -,tank: containners)- placed .on Land- belonging to Company shall be: permitted to: be stacked only two containers'iri height within - the 166 wide .portion of- Company's `Land: _coati guous to :either Fairmont. Parkway,_ State Highway::225, or State Highway:. 14'6, beyond .said 100' wide strip, intermodal -shipping containers shall be eligible to be:stacked one -_ addition al container in height ..:. within and for each successive 10o, wide portion of Company�s'Land behind ;and following the preceding 10:0':. : wide strip:,:::. up to maximum of: ;six containers an height:;:: regardless.':of distance :from Fairmont Parkway, State:Highway:225,:or 'State. Highway 146;.and.3_j it : is agreed*. that City shall have :the:'right to, .institute or:.. intervene in any admlnzstrative and/:or . judicial:: : �:proceediftg,::::":. authorized. by the Texas :Water Code, 'the Texas .Clean Air Act, .ahe Texas Health & Satety Codes, ...: or other:. .: federal or state environmental laws, rules or: regulations,: to the same: extent and.:: to; ;the same .intent and effect as i . all : . Land .coveredby.. this .. Agreement were notsubJect to the.Agr.;eement. II W. In the. event that :: any portion ::of the Land:: has heretofore be . en annexed by":City ...... Company .agrees to render :.and , pay full" ' .City ad vaaorem, taxes on such annexed .Land and. improvements; :and tangible :. personal. Property: ... - Under the' terms :of: `the Texas -.Pro `ert Tax .Code " P y Cs.B b21; Acts" of the :.65th Texas legislature, A,6gular Session, 1979, as: amended), the appraised value for tax purposes 'of the annexed portion f Land, improvements: and tangible ::personal: property shall ll be 2 determined b the Harris Count y y Appraisal District- The par-ties 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" payments hereunder. Therefore, the parties. . agree that. . the appraisal of the: Land, improvements, and tangible .personal property in the unannexed area shall be conducted by City, at City'.s ,expense, ::by an independent appraiser of City's..:selection The parties: recognize that' •in: making;; such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise :the entire (annexed: and unannexed) Land, improvements, and: tangible personal property:.. Nothing: herein .contained shall ever be interpreted as lessening the authority :of the Harris County Appraisal District.;.to_:establish the appraised :value of Land : ._improvements, and tangible: personal:: property in the annexed :portion, for ad valorem tax purposes : III. A. The properties upon which the "in lieu of" taxes are assessed .are...more fully described . in .subsections 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 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,' :2020,:..or 30' `days: from mailing of::tax bill and in like manner on or before each:December 31st thereafter, :•:through and including December 31 - 2033,• 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") Company. and_. City agree. that the ;::.following .; 'percentages: - ( "Percentage Amount'.':) shall apply during each of the Value Years . ... . . . .. ::Value Ye . .2020 : 64% Value Year 2021 x :. : 649 . . . .Value Year ..2022.: 64.x. Value Year: 2023 : 6.4 ::Va_lue :Year 2024: . . . . . ..... .. ....64%. . . . . . ..... .. .....: Value :Year 2025: :.: . . 64 . . . . Value Year :2026.: 64%. Value Year: 2027:: . :64$ Value Year 2028 . . . . . 64% Value. Year 2029: : 64 . :. Value Year .20.30;: 64% . .. .. . :. . Value Year: 2031.: 64 Company agrees.. to pay to City an amount _of "in in: lieu: of 3 .. . taxes" on Company' s land, improvements and- tangible : personal property in the unannexed area equal to the sum of; 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, 2020, and each January:. 1 :thereafter of the applicable Value:: :. Year Burin the term of:: this Agreement, (excluding gg.. amounts :which: would be so: paable. with respect to :an Y Y 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 on, . January 1- -, . 2019, :resulting . .from new. . ... . construction:. :. (exclusive of construction : :. uction in:. .... . .... progress.,. ' which .shall be exempt from taxation) for:: . each Value: Year following: completion ' of construction. : .in progress., an amount equal to. . ..:.. Thirty percent (30g)., where construction is completed in Value Years 2020 through 2031, of : the amount of ad valorem. :taxes which would be' payable to City if all of said new construction had been within the corporate limits of City and:: appraised by ; City's independent appraiser, in accordance with the applicable: provisions: of the Texas Property Tax :'Code. The: ::eligible period 'for application of said thirty percent (30%-) '` in lieu" rate shall be for a total of six (6) Value Years... .. . . . . ... . .. Ir: the case :of;::new construction which :is :completed .... i., in Value Year 20228- or later, : and provided, further, : . that City:t and Company enter into an � P Y ..Industrial District Agreement after the expiration of . this Industrial District. Agreement then, and: in ::such.:: events,:. such new construction shall:: be entitled:' too . additional, .Value . Years. .under the: new. . ... .: Agreement : at : a Thirty ..: percent (:30%). . valuation: under. . this --,subparagraph (a) , for.:.a total. .of....six ; (6) Value Years._, but not extending beyond Value :. . Year--2034 .. : . . . .. . ..... . . ... .. .. ,. In : .the.. .. case of new construction : which . -;was completed in Value Years 2.016 through : 2019 : in . accordance with the previous Industrial District Agreement between City and Company,' :: such .new construction" shall be subject to-:=a Twenty percent 20%):valuation through Valuer Year 2022,;' and a 4 Thirty (3'0%): valuation for any . additional Value Years beyond Value Year 2022, for a total. of six (6) Value Years: ' .'.:(b) Application- of the thirty percent (30 ) "in lieu" rate for Substantial Increase in value ° of the Land, improvements, and tangible personal "property dedicated -to new construction is limited to new construction for. . . or related: .:.: to purposed manufacturing and .. processing uses In no case . shall Company be entitled to application of the thirty percent (30 ) '1in lieu" rate for Substantial Increase:: in Value: ' of the Land, .. . improvements, and :tangible: personal property dedicated to new construction where the new: construction : .S purposed.: :for or related to uses for 'warehousing;, storage, distribution, .' and/or general:': freight . .trucking and. .transportation',.:'. as well as general commercial: uses, such as truck stops, rental ::facilities, or. repair .shops.. . (c.). . 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: . at least Five.' 'percent : . (.5 ') of the total . .. . . appraised value of Land: and improvements,: on January. .1,, 2019, or. . ii a cumulative value of .at least :$3, 500, 000 00 .. . For the purposes : of. this Agreement, multiple projects that: are '�completed :in a Value :Year can be 7 cumulated to.. arrive at the: amount for.:.the increase . . . ..... in value;: ; . (d) If existing Property values :have depredated below the Property value established on January 1, 2019, . . P Y:: . 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;: .2019, value, and 3 d'- . :::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, 2020, , and ` each January 1 ::thereafter of the applicable Value Year during the term of this Agreement, 5 ar (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 Ci y'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 Cit s ad valorem-:: takes on ::the* "::annexed :portion thereof ::as determined:- by appraisal by the:Harris County::Appraisal District .......... :.::Notwithstanding the above,:: should. City electto grant ;the freeport ._inventory exemption auth6rized byArticle _. VIIi : S:ection 1.=j:, of the Texas :Constitution. _arid Section 11 251 :.of the . Texas Property Tax Code :: o.;: taxpayers .. within the ,City liints., `then the freeport inventory ::exemptzon..shall appl'.:to parties..to` this Agreement.. Fuirther should. inventory or any :other . class: or , type of . property become .-exempt from. .taxat. on by . cons;titutional ;: amendment _or:;:act of :the Texas Legislature (including, but . riot, 'limited.. to.,:.. Art -idle. VIII., ..Section Texas:: Cons titut. ion ::: and Section.: 11. 253 : of :::the Texas Property:. Tax.... Code:) such... class or type of pro ert P y :: .:.::shall be: exempt for purposes of this :Agreement, unless 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` provi ions ,of the Texas Constitution and Texas Statutes., :.:. . 5.! City.:' and Company acknowledge circumstances... might,:: require the :City. to provide emergency services: to Com any's pro ert described on:: Exhibit - "A'•'.. attached' P,- , P . . hereto:.: Emergency services:: : are limited::: to fire,..: - p:ol'ice, and ::::public works emergency:::: services.:*,,:::: If .. :.Company is not a member of Channel Industries Mutual . .. ::_ Aid Association (:LIMA), Company: agrees to reimburse City :for its costs. arising::: out of any. ': emergency' response',' requested by „Company to. Company's property, . :.and to which.. Ci y agrees:: respond.. ::If Company ::is a member: of LIMA, the obligations of Company and City shall ::be governed: by. .the..CIMA. agreement;,::to which P. :agreement City is a ps.rty. ... IV. ..... .. This :Agreement shall extend fora period beginning on the: 1st..day of. .jai ary,. .202.0.,. and 'continuing thereafter until.. December 31,. 2031' unless: extended for: an::additional:::period or periods of time; upon mutual consent ..,ot. Company and City; :. as ...provided ..by..: the ' Municipal .:.Annexation Act; provided.;::" however:, t4at in the event this Agreement . i s ' no.t` so extended 'for an: additional _;.period or periods of tzme.:on or before:: August 31, :2031, the -:agreement of City pot -:to annex: property of :Company within -the -District -shall terminate:.::: In that .event, City shall have :the : right to commence :. immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any. of the terms `and provisions of this Agreement. Company -agrees that if: the:. Texas Local Government 'Code:, Section Chapter: ::42.044 Creation of.:. Industrial District in Extraterritorial_:Jurisdiction`or Texas.. _Local Government Code - Chapter; 43 ".Municipal Annexation" , -.is::: amended, ...or: any new legislation, is' thereafter enacted by.aYae . eg stature of the State of Texas which imposes :greater 'restrctions:'on the right: of .Gity ..:.. .On.:. 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 . re.g i re City ..to ::comply ;with.::any such additional restrictions or;6bligations and the rights.:of:the :.par;ties,shall be then determined in accordance with the provisions of said; laws, as, :the same existed on January:.l, 20,19 This Agreement,::may. . be..exte'nded: for..an. additional. .period or, periods:: ...... by agreement between :City and:, Company and%or :its assigns even though pit -is .not...extended..by. agreement .between.: City. and.. all of `the , ..... owners of all.land within: the :District..of :which it is :a :part. P In the .event: Company: elects to protest the valuation for tax. : purposeset on its- said properties by -City or -by the Harris County Appraisal District for any year or years:. -.during the terms hereofnothing in this Agreement shall preclude such protest and Company shall Piave the right to take all legal steps -desired by it::.: 4. to reduce-. the . "same ... . Notwithstanding ;.such 'protest: -by Company ,.and except as otherwise provided in Art:iole VI(B}, Company agrees:to pay to City on or before the.:date therefore hereinabova.provided,_ atAe* ast the `toast of (a) the total amount of ad::..valorem taxes :on the annexed portions , plus, ('b) the total, :ainount of the :: '1 in lieu , bf . taxes" on . the::unannexed'port ions of:Company's hereihabove 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:::Companyhas` :been. so`- finally ..... determined, 'eithdr as the: result of final ::judgment:; of a- court of :. ..... _.. .:competent jurisdiction . or' as`the..result of other...f inal ` conclusion of the. controversy, :then within thirty (30) .days thereafter Com any. shall . make payment. to -C tY:of, . any . .additional- pa.Yent-- due ... .. ':hereunder, or °:City shall maker payment .-to:.'Company::of ::any refund . ..... . due ,- as.. the case may. be., '- bas.ed ; on such final.. valuation, :together`:'--'-. with applicable penalties, interests;: and costs B :_;:'Should Cdtnpany disagree. with any :appraisal -made by the independent appraiser selected by :City-* pursuant- to'Article: 1 above (which shall be..given in writing to Company)`, Compariy shall., 7 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 ti.`me period, the appraisal made by said independent appraiser shall . be final and controlling _ for purposes, of the determination of "] Xl Ii:eu of taxes payments to . be `made under this Agreement:,: Should Company :give such 'no.tice of disagreement,.I Company. shall also submit ' to' `°the City with :. such notice. a .written s-tatement setting:_f:orth what :Company believes to be : the ::market valuer of - hereinabove described property:: .:Both partie Company's s. agree to tYereup`on enter. into good.:: faith negotiations, in an attempt to. - reach. an :-a`greement as to the market;: value of Company's property for a.n Ueull purposes:: hereunder,.*..::::: If, after :the expiration: of thirty (30) days::from the date the notice of disagreement was received by City; the'parties have not. reached .agreement as to such :market value the:: parties_ agree to submit; the di pute: to final:arbitration as provided in :subparagraph I' of this:.krt:icle tI. Notwithstanding any. such disagreement by Company; Company agrees .to pay. to:: City! on' .or -be fore December 31 of ..each:.year during:: the term: hereof , at least the total of (a) the ::ad valorem taxes on the . aiuiexed.. portions; . plus,.. (b):: the. total :amount . _ of. . the "in . lieu" payments.:which would be- due hereunder on the basis of Company's .. . written :valuat.ions :statement. submitted....to City. by. Company hereunder, or. -.the total assessment and .!':in. lieu of: taxes" thereon: . for the'. .last- recedin ear whichever -is h her..... . •- p gFy g ...: .. 1: A:Board-of `Arbitrators shall be._c-seated 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 file II.S District Court :for.: the Southern District.::: of Texas ... r; (as:: the "impartial-appont :thethirdarbitrato.who q.:Arbitrator+':) ..:: shall preside over::, :: the , arbitration ...... --roceeding. The -:sole issue to:: be determined in the p:. arbitration . shall:: �be resolution of the.:: differ.ence::- between :the:'.parties 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.". que tion. The..::Board shall:: :dear and:'c:or.sider all relevant :.and 'material. evidence on: that, issue including :expert nion, and shall:. render :.its:-: :written adecision as promptly as: practicable That decision;shall then . be final and binding. upon.. the:: parties;. .subject on]y. to::: :.judicial:: review as may be available. :under the.. Texas P General._ Arbitration . Act (Cho ter 1.71,.. . . .: .Genera........ Arbitration", Texas ICivil Practice and Remedies Code): ...Costs of the ... arbitration shall be shared equally. by...:the . ...... :Company :and the city:; provided that each party - shall .. 'bear.i.ts own attorneys fees...... .. .. :. 8 _ City shall be'entitled to a tax lien on :Company above described property, all improvements thereon, and all tangible personal property thereon, in the event.of default in payment of "iri"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, .tor delinquent taxes This 'Agreement shall inure to:" the benef it of and be binding upon City and Company, and upon Company's successors and. assigns, affiliates and subs%diaries, and shall remain ':in force whether Company.se:lls, assigns,:=or in any other manner: disposes of either .... voluntarily or�}y ,operation' of law, All: or any part of the property belonging to it:within the;.: territory:: Yiereinabove 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.:f orce . ':Company .shall: gave .City .written notice . within :ninety (90):.days, with: full: particulars: as to :property ;. :assigned:an.identity of assignee, ; of ariy disposition. of:, the: Land, and assignment.of this Agreement. 2X� If :.City enters.: into an -:Agreement with :: a#y other jandOwner with.. respect' to; an 'industriaa district or enters _into -;a renewal. of _any':::,... existing :industrial district agreements after the effective date hereof anal` -while ;this Agreement i's .z_n. effect , wh ch contains terms and.:provisions::more favorable::to the landowner than those in this Agreeme'nt,, ::Company: and: is assigns::shal7: have the right to amend this Agreement and: City agrees 'to:.amend same to.::embracethe:more favorable terms : of such agreement .`or renewal agreement . - X. . .. ... .... . The parties agree that this .Agreement complies with existing laws pertaining to :the. subject arid: that all germs, considerations and conditions ::set forth. herein are lawful, reason'ble, appropriate, and .not ,unduly restrictive of Company's business activities. W.Without such. agreement neither party hereto would enter; into 'thii :. Agree ment.In:: the .event :any :one or more: :words, . phrases, clauses, sentences., : paragraphs,:::sections, articles or other partsof this Agreement` or. the ..'application thereof... to .any Person,. firm,. . corporation or.eircumstances shall be ::held by any: court of competent ..:j.ursdetion . to . be invalid or:: unconstitutional . for ... any:: reason,;. then the app.l�cation, invalidity or unconstitutionality of .. such words:; phrase; clause.,.. sentence; paragraph; -s.ection article. or other part.:of: the Agreement shall be: deemed tow: be independent : of and separable' from: the remainder of this. Agreement and the:: validity of the remaining parts cf: this Agreement shall not be :.affected thereby.: XI. 9 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 604 West Fairmont Parkway La Porte, TX 77571 To, Company: 7U�,l�e R�Gi1 (COMPANY) Attention: ps n Department �- 1�►'110 Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change, of - biling`address. Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name: 'Address: Phone: Fax: Email: Tax Agent/Billing Contact corn Name. swl? Address: C 5 P . QJDX go So lad:AmpoHS, _01"N ye140 - 050q Phone : 11 5 off. to 4 5 to 'Fax: %0%- l0(956 Email. ENTERED INTO effective the 1st day of January, 2020. vJ� - By: Name: Title: {rP , Address: 10� -e'< 7 r3 lt�D By: cretary -L "As .: Rig Mao : : APPROVED:: : A B oX'.W. Askns , : i- Corby D: Alexander City Attorney •City Manager City of: L:a::Porte P.0 Box 1218 CITY OF LA PORTS, :TEXAS La Porte,: 'TX 77572=.121.8. 604 West :Fairmont Parkway 281 471 1886. . . . .:. ... La Porte,. TX. :=77571 281..471'.2047::'fax:. knoxaskins@comcast.net ..... . STATE;' OF. :TEXAS ' . . : COUNTY OF HARRIS:: ' . . . _ . . This :instrument .was acknowledged before. .me. .:on the 3,. .day of 20 , , ap,�,i+d► :Q• tk &ct n.. : p L@a51 1QeM&%t7 of u, mi�by e6�@e ga3. .ion, ..'a ,nAo, LQ on,. : on behalf :of said entiay. Not P ic, S te .of. Texas .. . � 30615020 1 '1'0 1 FlE ... Apt1111,2624: - . 1' STATE OF . TEXAS COUNTY OF HARRIS ' This instrument was acknowledged before ine- a i. the 1_1 day g 13 day of . . c�J'1�L 20 , by Louis: R. Rigby, Mayor of the :City of La ., Porte, a municipal corporation, be It of said entity LEEWOODWARD I N ary: P tic, State Texas , ' �. ..... NOTARY PUBLIC..... . .. * * STATE OF TEXAS oF�4lg MY COMM.EXP.2/19/21. NOTARY ID.12681012-9 12 "EXHIBIT A" (Metes and Bounds Description of Land) Pleasersee attached for Metes and Bounds Description. Property Address HCAD # 40315 & 4331 Underwood Road, Pasadena, TX 1311800010001 DESCRIPTION OF LAM All that certain 41.7070 acres of land as described in a deed dated 01-12-2007 from North Bayport Industrial Park II, Ltd. to Vantage Development #39, Inc, filed in the Official Public Records of Real Property of Harris County, Texas at Clerk File No. 20070038099, out of the William M. Jones Survey, A482, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found "RR" spike in asphalt marking the northeast corner of Bayport North Industrial Park according to the plat thereof filed at Film Code No. 437010, Harris County Map Records said point also being located in the south right-of-way line of Fairmont Parkway (250' wide) at its intersection with the east right-of-way line of Underwood Road (50' wide); Thence N 75° 44' 17" E -' 88.32', with the south right-of-way line of said Fairmont Parkway to a found 5/8" iron rod with cap marked No. 2763 marking the beginning of a non -tangent curve to the right having a central angle of 00° 18' 31", a radius of 5,920.79', a chord bearing of N 78°06'40" E, a chord distance of 31.90% Thence continuing with said south right-of-way line for an arc distance of 31.90' to a set 5/8" iron rod with cap for a point on a curve to the right and POINT OF BEGINNING of the herein described tract; said point on a curve having a central angle of 08® 06' 50", a radius of 5,920.79', a chord bearing of N 82019'20" E, a chord distance of 837.76'; THENCE continuing with said south right-of-way line of Fairmont Parkway for an arc distance of 838.46' to a set 5/8" iron rod with cap marking the west end of a 20' cut back line; THENCE S 480 20' 39" E — 28.20', with the said cut back line, to a set 5/8" iron rod with cap for comer, THENCE S 030 09' 51" E — 157.55' to a set 518" iron rod with cap marking the Point of Curvature of a curve to the left having a central angle of 18° 23' 40% a radius of 530.00', a chord bearing of S 1202I'41" E, a chord distance of 169.42'; THENCE continuing with said curve for an arc distance of 170.15' to a set 5/8" iron rod with cap for a Point of Reverse of a curve to the right having a central angle of 19° 37' 17", a radius of 470.00', a chord bearing of S 11 °44'53" E, a chord distance of 160.17% THENCE continuing with said curve for an arc distance of 160.96' to a set 5/8" iron rod with cap marking the Point of Tangency; THENCE S 010 56' 14" E — 1,468.48' to a set 5/8" iron rod with cap marking the north and of a 20' cut back line; THENCE S 42" 43' 18" W — 28.45', with the said cut back line, to a set 5/8" iron rod with cap for earner; THENCE S 870 22' 5 1 " W — 895.07' to a set 5/8" iron rod with cap marking the east end of a 20' cut back line; THENCE, N 470 16' 42" W — 28.12', with the said cut back line, to a set 518" iron rod with cap for corner, THENCE N 01 ° 56' 14" W — 1,873.791, 98' east and parallel with the said east right-of-way line of Underwood Road, to a set 518" iron rod with cap located in the south right-of-way line of said Fairmont Parkway at its intersection with the west end of a 20' cut back line; THENCE N 38° 06' 56" E - 30.62', with the said cut back line, to the POINT OF BEGINNING and containing 41.7070 acres (1,816,756) of land, more or less. Owner and Property Information Owner Name & DUKE REALTY LIMITED PARTNERSHIP Legal Description:. RES A-BLK 1 Mailing Address: PO BOX 40509 (INDUSTRIAL) INDIANAPOLIS IN 46240-0509 BAYPORT NORTH INDUSTRIAL PARK II Property Address: 4035 UNDERWOOD RD . PASAD.ENA TX 77507 State Class Land Use Code. Building Total Land Area Building Net: Neighborhood Market Area Map . Key Code Class Units Area Rentatile Facet, Mepizv� ... Area F1 -- Real, 8001- -:Land A 0 1,816,757 .767;630 772,500 5580.26 6010 -- (5053D 579E Commercial Neighborhood SF Pasadena - Section 1 LaPorte Value Status Information :Value Status ... Notice Date Shared CAD .. _ . Noticed... 04/23/2019 . No . Exemotions and Jurisdictions . Exem tion:T. e p- yp Districts Jurisdictions ., Exemption Value:.:: ARB Status "::.:: 2018 Rate';: 2019.Rate None 020. LA PORTE ISD Certified:. 1:380000 '1.28000o- :. 040 :. HARRIS COUNTY Certified!* 08/02/2019 : 0.418580 0.407130, 041 HARRIS CO FLOOD CNTRL ".Certified: 08/02/2019.' 0.028770 : 0.027920 042 PORT: OF:HOUSTON AUTHY. : - Certified: 08/02/20.19:; 0.011550 0.010740 043'. HARRIS CO HOSP DIST Certified:-:08/02/2019 0.17108.0 0.165910 0o44. HARRIS CO EDUC DEPT Certified::08/02/2019 0,0051;90 .. 0.005000 047 SAN. JACINTO COM COL D ..: ;. Certified: 08/02/2019:." 0-179329 . b..178169 Texas law prohibits. us from. displaying residential. photographs, sketches, floor plans; or. information indicating the age of a property owner on our website: You can inspect this information or get.a copy.at HCAD's information center at 130 1 3.NW Freeway. Valuations Value as of January 1, 2018- : Value as of January 1; 20.19 . . Market Appraised Market:.:: Appraised Land 5,813,622 Land 7,267,028 Improvement.:. 40 .. ,186,378 _..., Improvement: 47,711,797 total 46,000,00.0 46,000,000 Total.. 54,978,82 Land 5 54,978,825 Ad . Market Value. Land Site Unit. Size Site . APPr.: APP�: Total. Unit J Line Description : Code Type Units.. Factor Factor O/R : O/R Adj . Price Unit Value - : ,.Factor Reason - Price 1:8001 -- Land Neighborhood 438.0 SF 1,816,757 1.00 1.00 1.00 =- - 1.00 4.00 .4.00 7,267,028.00 Section l :Building Building Year Built: Type Style Quality ; .: Impr Sq Ft Building Details 1:. 2008 Distribution Warehouse. Shell, Industrial - Good 171,990 Displayed 2 2008 Distribution Warehouse Shell, Industrial : Good :595*640:: View BuildingDetails {1) Building Data Building Areas_, Element Detail.Description Area .. Cooling Type :None BASE AREA PRI 171,990 https://public.hcadiorg/records/Print.a-sp?crot=%a94%AD%AE%oA9%C4%8F%B5%CF%8C%7Ch'e%o97b%B8%A7%8B%B8eb%5Di%5B%92Td%8OYz::. 1 /2 12/5/2019 HCAD Record Search RELATED, ACCOUNT MAPS FOR ia3j1r>80-0-0-9 t301 AREA MAPS MAP PAGE 6053D 6053D4 6053DS 6053D12 6153C 6153C1 6153C5 6153C9 Please follow these two tips to print the map file: 1. Use only the print icon/button located on the plugin toolbar (not the main toolbar of your browser). 2. Set your printer resolution one step lower than normal. E.g., if you normally print at 300dpi, try switching to 150dpi. Also, in some cases, a recent transaction might not yet be mapped. Check with our Information Center if you have any questions. . If you feel that this listing is inaccurate or incomplete, please email us with the account number (if you have it) and the nature of the problem or question. hcad.org/property-search/real-property/real-property-search-by-account-number/ 1 /1 M M Cn O CO 6053612 RES A 5 :6 9 0 -0010 m -0006 le.o6 7 O 701 m '� w 21.9 S JS J 14 l OJ O o CDN 99?6 0603 o n o. - 30 9 �^ 136$3 '.,/� ,t 2H, SSl /" V m .Cl� OV ]0 I806. 8957 6 626 15e86 .S, -0009 r 5 fi798 fi7 16 57.ea 632 17 �2 3oo e•� �/u iJ9.J, A IQ 19 18 -, ?y om m r -0011 O m 9].91 13 CANIFF ROAD 4]0.74 718 718B 719A ; 719 023-146-000-0719 6.9600 AC I 1 64 6J 1fl 719B t729A-I o RES A 9803 718A - 0798 0001 -0751 3001. O. 69 94 13192 166?7 1,7.fi2 - JACK IN THE BOX NO 4733 130-654 iLU yo "Ib m - 3- 7o � 14 ( 654� �6565" �5 �5 5� 6� 7�3104 > SHELL ROCK ROAD 0 61 �/ 65 3 65.29 75 .tea, l3 gg022 LL 75 fi5.3 fi5.3 65.3 I /L:,.yd 013 N 4 5 6 7 b' L O-I10 I o p Cp et13� a oq 12 Q0162 N O o i I ai? r2l 7G W 70'`(��65.3 653 65.] _ - 75 fi0110O 73.37 65.J --- 66 47 46 is.es sd12 I0lW m14� 13` 1N e � mI10 3JS O� 6]5 Z 66 60 o�11V ' 19.11 64 60 O 9 ROCKY HOLLOW ROAD fib 2 so / 7o Q C3 � S7 6.1544.11 60 60 4 60 3 fiD 2 GO I 0 I 40 7 6 5 W o -` � CO 6 0- 661 60 / 60 60 80 ]6 60 60 60_ 12133 FAIRMONT PA K WEST RES 123-326-000-0001 12.1750 AC 130.11 13 C-2 3981 FAIRMONT OAKS APARTMENTS -0265 123-32 130 13C-I 9701 z4.v -0263 72? 58 � 0 50 100 200 Feet PUBLICATION DATE: 12/28/2018 Geospatial or map data maintained by the Harris ^' County Appraisal District I V is for informational purposes Vand may not have been M prepared for or be suitable for legal, engineering, or e— surveying purposes. It CO does not represent an on -the -ground survey and only represents the approximate location of property boundaries. MAP LOCATION % FACET 6053D Om® .Om ©© ME BEE NE OUSSUtS RES A I RES A3 4100 120-728-000-0020 120-728-000-0010 3.3451 AC 5.1853 AC 13 ES C4 EM111F co N oU ,a O CO o N RES D o N oo N N rr f:3 N 120-728-000-0005 21.9000 AC U4 j RESA H411rr1S3 �( MCP un,�J't ; 68A- l A, �Ap p ra:isala D isytr ct 4 11825 131-180-001-0001 41.7070 AC 0 50 100 200 Feet PUBLICATION DATE: 12128/2018 Geospatial or map data maintained by the Harris r, 1 County Appraisal District N is for informational purposes Uand may not have been Cl)prepared for or be suitable for legal, engineering, or r- surveying purposes. It does not represent an on -the -ground survey and only represents the approximate location of property boundaries. MAP LOCATION 0 FACET 6053D BEE NE mmom 6053D12 tiU BAYPORT NORTH INDUSTRIAL PARK ¢- 3 �zo-72s _ H U W d .-7 d W a FTM RES F6 131-180-003-0011 2.5487 AC RES F 131-180-003-0004 1.8586 AC RES F - ---- I 60 f 35D 1 120-728-000-0007 1 35D 3 4� -0300 10.4000 AC 310 100 515 000-0958 0� 210 m68A-IA-2C! 68L-4 1.6403AC 4X-8 17B ; I7c 502.0' �y OF PASAD F, .168A-IA-2A� 68L-1 kl 5°2.fi5 =M 0 041-003-000-0160 0 0 2.6500 AC 0 68A-IA-2 ; 68L ITY OF PASD ] CO OD d w ;U) m 100-515-000-0689 q 10.9817 AC ' O 440,2 U 4X-8A 17 NEW — 0 50 100 200 RES F5 Feet PUBLICATION DATE: 12/28/2018 Geospatial or map data maintained by the Harris County Appraisal District is for informational purposes Vand may not have been M prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and only represents the approximate location of property boundaries. MAP LOCATION FACET 6053D ENSUE m BE ©aw©. 6052B4 61 3 61 4 61 61 59.11 5 6�D �° 59.1t 9 N� "� NCT� A 4l -5 6359 `1 , ar9 61 o fit 61 0.6fi t28] 6].5 eyaa S9 i2 3I 35� v 5909 r 61 60 5 4 fit 60 60 60 59.66 5g,13 4 43 42 41 4� 5:39 V V 3 I�(+ J 1 �� oxh 1 x t o •�yC r'Vc Nd^ 00-' 00000;: Q/0 ^O� ( 61.1 63t ROAp Mo co00^ 63.1 631 t� 1 1 \1w1�1 t,O`Uo\N S9? 60 60 g 51� 593 Rp 5n9.3 59. /1 CCCCCTTTTT 13'�p n fi0 3 60 4 5 G 7 u� � 6185 co E fS0 6263 62.95 10.0$2 I11VIONT F 0 '69 - OX7 60 _... - - fi0 9 y15 61.65_-.-. -.. _ - 253.16 65]6 _-.___ p 114-J 160 OS 0 ce) 13C-4 ro o ^ 140 13C-3 9901 -0301 -0332 13 C-5 043-148-000-0331 4.5000 AC. T WEST 13 A-3 043-148-000-0256 10.0000 AC. RES B M. 6° e 25 ]q 60]q 2, ;Harris q0. 23 FS /� i�1J0 F1 y CUrO 2 fi ,ICu Yi1_ - ���-, u ri(, ■L`. .�A//jj) 9 ` 1 �� 5 Aia }Appra�,sail} a s b tst r`i'C II 66 8 ODb a 10 ' $ ,3 \\0 q g n4b�-1Obo '�IM� r 2 A / �11fi.7 0 '�6VRAO mlz f m 2 13 M 11019 \\ - 10956�-ter D1 3� O o ,5 '� N� 3 0 N I'��3 _ 0 50 100 20Feet O m V4 _I%qA mI Y 064 4 PUBLICATION DATE: 04/16/2019 11177 0 .67 IS 1n Geospatial or map data 5 gg QQ gg1 mg 5 maintained b the Harris r, Q�5 N rn �3'000� 01 County Appraisal District IN 110 1t0 "0 is for informational purposes 6 2�� l6 391.4 N and may not have been e391406 -01D1016— 4 M prepared for or be suitable 00101— 0 e for legal, engineering, or 17 surveying purposes. It 700b7 I 3g19 n� does not represent an 0001 ° on -the -ground survey and 116 110 only represents the PARKWAY DRIVE approximate location of property boundaries. t9 61 1 61 7 1 v MAP LOCATION 6. 5 3 2 6a 61 fil fit 61 -- - n :.....�.. _.._ -- - ti 880.11 _ FACET --I 6153C 1 "glum oo:©oo O co f� to to to 131-180-002-0002 5.9035 AC RES B2 6153C1 131-180-002-0001 14.8700 AC 131-180-002-0003 N 5.0000 AC i RES B4 RES B3 131-180-002-0005 4.0000 AC UPM 0 :'Hair r Coan}ty, Pp�rai al a [Pills �tricta RES D2 Ask- 0 50 100 200 Feet PUBLICATION DATE: ti 12/28/2018 -------------- ---------- Geospatial or map data maintained by the Harris ^ County Appraisal District I V -t is for informational purposes RES E V and may not have been 0 prepared for or be suitable to for legal, engineering, or e- surveying purposes. It does not represent an on -the -ground survey and only represents the approximate location of property boundaries. MAP LOCATION w a w > w Z O J Q BAYPORT NORTH INDUSTRIAL PARK II 131-180 131-180-002-0004 19.7124 AC RES E3 FACET 6153C unman EVIEN MEMM 6153C9 N M In O O rya°6� �Il aaDRIVE (PRIVATE) 131-180-003-0010 3.2331 AC m 68L 68L-1 35rss RES Fa I 131-180-003-0009 2.9220 AC(C) 985.9 131-180-003-0005 8.5755 AC a M16 RES E2 315 359 RES F1 RES F2 RES F3 1 0 50 100 200 Feet 10322 131-180-003-00 PUBLICATION DATE: 10220 0-003 10200 131-1810220-0006 m 2.9148AC 12/28/2018 131-180-003-0008 2.5458 AC -0007 Geospatial or map data 2.9179 AC maintained by the Harris ^ t 36216 --- _ --� - 68 K-3 1692.22 100-515-000-0955 20.4369 AC County Appraisal District O is for informational purposes and may not have been V prepared for or be suitable tM for legal, engineering, or U) surveying purposes. It 230.z3_._ tp does not represent an - - — _ on -the -ground survey and only represents the y ' approximate location of property boundaries. MAP LOCATION 0 FACET 6153C 7 8 5 1 6 7 11 12 10 11 3 4 12 3 6152A1 IN III DUKE REALTY LIMITED PARTNERSHIP ACCOUNT 1 13118000-10001. ADDRESS 4035 UNDERWOOD RD PASADENA, TX 77507 OWNER DUKE REALTY LIMITED PARTNERSHIP TAX YEAR 2019 KEY MAP I 579E TOTAL APPRAISED 54978825 VALUE LEGAL DESCRIPTION 1 RES A BLK 1 LEGAL DESCRIPTION 2 (INDUSTRIAL) LEGAL DESCRIPTION 3 BAYPORT NORTH INDUSTRIAL PARK 11 LEGAL DESCRIPTION 4 MAIL TO DUKE REALTY LIMITED PARTNERSHIP MAIL ADDRESS PO BOX 40509 INDIANAPOLIS, IN 45240-0509 UPDATED OCTOBER 2019 C, 1311800010001 x I C�l pq Show search resu h, for 13118... .. 0 Fairmont Parkway' New Decade Drive "EXHIBIT. B" Attach Plat reflecting the ownership boundary lines.; a site layout, showing all improvements, including Y ::• g�: .�. P g pipelines and railroads:,..;and also .showing areas:: of the Land previously annexed by the City of La Porte. ) 14 "EXHIBIT. C" Page_ 1 of 3 RULES AND REGULATIONS . . Any portion of Land constituting a::.'s trip ' 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 ". . :. p g ; ;to .new aignage, screening_, driveways :::and medial crossovers, as well as the stacking of zntermodal shipping containers. 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:. Q. 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 -r rights-of-way g Y,... . : :. CL Freestanding: identification signs: for :multiple businesses stall not exceed 350 square feet, . . .. Freestanding. ::identification signs : shall not exceed;: 45 feet in height cz Minimum:.setback for sign, construction, shall be ten (10) feet from property lines. . :.:. 2 Intermodalshippng .containers (including by not limited to : : ... freight "and tank. :containers) . shall:be permitted to be stacked . . . . . only to a maximum of two (2:) containers in height in the said •. . . . . : . . .....100' :"strip.... In those instances' where- shipping containers are :..::placed :within the said:: 100' wide strip, the screening requirements established in , paragraph : 3 immediately below ' shall apply 3 When Land' adjacent to said 100' strip is .developed, the;`: :.::" initial ..50 1.. . . ... .. . of .said strip beyond any existing pipeline • easement contiguous; to either Fairmont Parkway, State Highway 225, or Stave Highway 146 shall : be . screened by one of the following:'techniques a=) Leaving in ::place. existing . trees, vegetation-, underbrush, 15 etc. to; provide .a thorough. and effective. visual screening - "EXHIBIT C11 Page 2 of 3 of the development'. Existing* 'trees.._shall, together :.:with other vegetation .::and underbrush, create.:. a continuous visual -screen,., b) . The `use : of earthen 'berms with" approximately 3 :1 side ...slopes, 501_ wide at the.base and: 81:High. The:.berms may be. :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 shtubs.Nand ground cover, -::create a :continuous visual screen _. Provided, however': in pub] ic: ..uti11itx easements or rights -of -way;: the vegetation shall -be installed :and ' maintained• in .. a - , manner.= :which is ..acceptable . _to.: .the public:'util ty :company,' and ;does::not interfere with the.. . ... operation. , ,and maintenance of the ,_...public .. uti....Y. facilities. ; ....... For. items b and .c :above, the.:actual length o.f required: screering• .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 be'hi,:nd::existing: facilities. In all cases the 50x strip, along the entire' roadway frontage, shall be: -.dedicated as-'a'''landscapeeasement and :shall be kept:::free from .a#_V:::improvements;::except for :"approved: driveway access and ifthtificat:ion "signs. For ,cases of new :development or: improvements where: a 50'.aandscape easement is hot. ::available: or.practical; ::Company ahall: meet with ; :City to :.determine a suitable landscapng.:alternative... " d) In .the : case of land:. contiguous ao Fairmont: :Parkway, :'in... addition. to -the other .requirements of :these Rules :and Regulations., ::Company :"sha.Il. dedicate to.. City by . Plat a ten foot (10' }.: wide pedestrian :and bicycle:: easement, extendin alon Coin .an 's Fasrmont Parkway:'.bounda g........:.g.. P..y.....`::: within the. :€ifty foot (50' i landscape easement. pedestrian : easement... shall : not. be. within -any _ pipeline .. . facility, except.for necessary:crossings.. 4: 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: Cit'" Code: of Ordinances, whichever is more: .:restrictive.: 16 "EXHIBIT C" Page 3 -of 3 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 o€: Ordinances; whichever is more restrictive 5: 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. 17 Reid, Laura From: Reid, Laura Sent: Tuesday, December 10, 2019 9:52 AM To: 'toni.kyle@dukerealty.com' Cc: Wolny, Shelley Subject: City of La Porte IDA Agreement Attachments: Final IDA Contract 2019.pdf, 20191210094359314.pdf Good morning Toni, Per our conversation, I have attached a blank copy of the IDA Agreement to be signed and notarized for the Duke Realty facility located at 13001 Bay Area Blvd., HCAD # 130-090-001-0001. Once this agreement has been executed, please scan and email me a copy to hold until we can receive the original along with the Meets and Bounds & Plating. As for the agreement for the St. George facility located 4035 & 4331 Underwood Rd., HCAD # 131-180-001-0001 this is the only facility that falls within our IDA and therefore have removed both the 5001 Underwood Rd and 4915 Underwood Rd. Please find the attached scanned copy of the Exhibit "A" list that was previously submitted with this agreement as you may want to update and send with the Meets and Bounds & Plating for 4035 & 4331 Underwood once you have them together. Please do not hesitate to reach out to me should you have any questions at any time. Have a great day, Laura Reid City of La Porte - Deputy Tax Collector 281.470.5050 281-470-5008 Fax