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HomeMy WebLinkAbout08-24-15 Regular Meeting of La Porte City CouncilLOUIS R. RIGBY Mayor JOHN ZEMANEK CouncilmemberAt Large A DOTTIE KAMINSKI CouncilmemberAt Large B DANNY EARP Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 VACANT Councilmember District 4 JAY MARTIN Mayor Pro-Tem Councilmember District 5 MIKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held August 24, 2015, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Windell Gill, First Baptist Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Chuck Engelken. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation - Harley's Angels Cruzin' to Cure Day - Mayor Rigby (b) Presentation - Steve Coycault, Representative from Texas Silver Hair Legislature - Proposal for Over 65 Property Tax Freeze (c) Presentation - Port of Houston Executive Director Roger Guenther - Overview of the Port of Houston Authority (d) Recognition - Employees of the Second Quarter 2015 - Sgt. Cameron Briscoe & Officer Michael Harness (City of La Porte Police Department) - Mayor Rigby (e) Recognition - Retirement of Mike Moore (City of La Porte Police Department -Animal Control Officer) - Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the Regular Meeting, including a Budget Workshop Meeting held on August 10-11, 2015 - P. Fogarty (b) Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with the City of Morgan's Point for municipal court clerk services - D. Mitrano (c) Consider approval or other action authorizing the City Manager to execute an agreement with Bayside Terrace Civic Club for a Community Cooperation Project (New Neighborhood Entryway Sign) - T. Leach (d) Consider approval or other action regarding a Resolution authorizing publication of a notice of intent to issue certificates of obligation, distribution of a preliminary official statement, and other matters relating thereto - M. Dolby (e) Consider approval or other action authorizing an agreement with Patillo, Brown and Hill for auditing services for fiscal years 2015, 2016 and 2017 - M. Dolby Consider approval or other action authorizing the Mayor to execute an Employment Agreement with City Manager Corby Alexander - Mayor Rigby 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments on Staff recommendation of condemnation of nine (9) substandard buildings; consider Ordinances for condemnation of buildings located at 204 N. Forrest Ave.; 402 S. 15th St.; 313 S. 7th St.; 203 Bay Oaks Dr.; 422 S. 2nd St.; 514 N. 5th.; 302 N. 7th St.; 626 N. 1st St.; and 330 S. 5th St. - R. Davidson (b) Public hearing to receive comments regarding a request to approve an amendment to the City's Future Land Use Plan for tracts of land located between Highway 146 and S. 16th Street -and between W. M Street and McCabe Road; and consider an Ordinance amending the Future Land Use Map Component of the Comprehensive Plan of the City of LaPorte, Texas in accordance with the La Porte Planning and Zoning Commission's recommendation to approve the proposed modifications to the Future Land Use Plan - E. Ensey (c) Public hearing to receive comments regarding a request to approve a Special Conditional Use Permit (SCUP) for purpose of establishing use and development requirements for Port Crossing Business Park, located north and west of State Highway 146 and Wharton Weems including all property included in the Final Plat of Port Crossing and Reserve A, Block 1, Port Crossing Section 1; and Reserve A, Boncosky Trucking Terminal; and consider an Ordinance amending Chapter 106, "Zoning," of the Code of Ordinances by approving proposed SCUP # 15-91000004, in accordance with the La Porte Planning and Zoning Commission's recommendation for approval. Applicant is Port Crossing Land, LP. - E. Ensey 8. AUTHORIZATIONS (a) Consider approval or other action regarding recommendation by the Planning and Zoning Commission to approve the Amended Development Agreement for the Port Crossing Business Park - E. Ensey (b) Consider approval or other action regarding an Ordinance amending Chapter 22 of the City of La Porte Code of Ordinances by establishing regulations and fees relating the operation of massage establishments - K. Adcox 9. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding appointments to various City of La Porte boards, committees and commissions - P. Fogarty (b) Discussion and possible action to adopt open riding rules and hourly rentals at Lomax Rodeo Arena - R. Epting 10. REPORTS (a) Receive report of the Fiscal Affairs Committee - Councilmember Engelken 11. ADMINISTRATIVE REPORTS City Council Meeting, Monday, September 14, 2015 City Council Meeting, Monday, September 24, 2015 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Engelken, Earp, Clausen, Martin, Kaminski, Zemanek, Leonard and Mayor Rigby 13. ADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the August 24, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on September 18, 2015 . Council Agenda Item August 24, 2015 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Windell Gill, First Baptist Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Chuck Engelken. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation - Harley's Angels Cruzin' to Cure Day - Mayor Rigby (b) Presentation - Steve Coycault, Representative from Texas Silver Hair Legislature - Proposal for Over 65 Property Tax Freeze (c) Presentation - Port of Houston Executive Director Roger Guenther - Overview of the Port of Houston Authority (d) Recognition - Employees of the Second Quarter 2015 - Sgt. Cameron Briscoe & Officer Michael Harness (City of La Porte Police Department) - Mayor Rigby (e) Recognition - Retirement of Mike Moore (City of La Porte Police Department -Animal Control Officer) - Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) ****************************************************************** R,rVZ1ffJV4MV11 WHEREAS, Harley's Angels Cruzin' to Cure is a group of women motorcycle enthusiasts dedicated to promoting breast cancer awareness, research, and education; and WHEREAS, their primary fundraising project is the publication of a calendar featuring the women of "Harley's Angels." The calendar is tastefully designed featuring the women of Harley's Angels and their motorcycles. They are not your stereo typical "biker babes." Harley's Angels keep it real; real women and real bikes riding for the cause, and several breast cancer survivors within the group; and WHEREAS, Harley's Angels' first calendar was published in 2003; and with twelve successful calendar years, their calendars are likely to be found anywhere from bike stores to grandmother's kitchen. Harley's Angels has donated over $700,000 to two of Houston's finest research centers; and WHEREAS, Harley's Angels Cruzin to Cure is a Texas non-profit 501(c)3 all -volunteer organization. They launched their 2015 fundraising year with a beautiful new calendar, and the citizens of La Porte can join in the crusade with their donations in the fight against breast cancer. Now therefore, I, Louis R. Rigby, Mayor of the City of La Porte, along with members of the La Porte City Council, in appreciation of your valuable service in the fight against breast cancer, do hereby proclaim August 24, 2015 as 44 >> tll � »��„1,,,» ���`N �i ool „»» � 11111, "'` °' ���;,II III ` » ���w ° t »'II 't�, � fll����:wl », 0"""�t°4u�I�u;;;�iiilill9u ��,,,1��f�1�, �o� R �q{pVl 1 lu IUii �u �° �� >��o»�ui ��imimmmuuuwimmmuua" �,»» mtaa« uall In Witness Whereof. I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 241h day of August, 2015. CITY OF LA PORTE Louis R. Rigby, Mayor Employees of the 2nd Quarter 2015 Sgt. Cameron Briscoe & Officer Michael Harness On the 24t" day of May 2015 at approximately 04:09hrs, Officer Michael Harness was dispatched to a structure fire at 11001 Dogwood Ct with victims reported to be trapped. With the Fire department in route, Officer Michael Harness and Sgt. Cameron Briscoe responded to scene. Sgt. Briscoe was the first to arrive to a large column of smoke seen for blocks. Sgt. Briscoe pulled up to the large two story residence that had heavy fire blazing from the second story. Sgt. Briscoe was advised by neighbors and family of two children still inside the burning residence. Sgt. Briscoe without regard to his own personal safety, entered the burning residence and made his way up the stairs through heavy smoke and super -heated gasses. Sgt. Briscoe became physically overcome by the heat and was unable to breathe. Sgt. Briscoe was forced to retreat. Officer Harness arrived and was pointed by neighbors to the bedroom window that the two children were in on the second story of the burning residence. Officer Harness without regard to his own personal safety climbed up a ladder that the neighbors had placed up to that window. Officer Harness then used his baton to break the glass on the second story bedroom window. With large pieces of glass falling and flames now burning through the roof just above, Officer Harness continued to attempt access to that bedroom to save those children. Once the window was breached, heavy smoke and superheated gasses engulfed Officer Harness. Officer Harness lost his balance starting to fall off the ladder as he could not breathe. Officer Harness was pulled from the ladder and dragged to EMS personnel for treatment. La Porte EMS treated both Sgt. Briscoe and Officer Harness for smoke inhalation. After treatment, Briscoe and Harness continued their duty and remained to the completion of this tragic fire. Despite the attempts to save two children, they both perished in the fire. But the courage and heroic acts by Briscoe and Harness need not go unrecognized. I am very pleased to recognize Sgt. Cameron Briscoe and Officer Michael Harness as Employee of the Quarter for demonstrating exceptional courage in an extremely dangerous situation with great risk of life or serious bodily injury. Mike Moore Biography Summary- Retirement Recognition from City of La Porte, 24 August, 2015 City Council Meeting: Animal Control Officer Mike More will be retiring from the City of La Porte after 23 years of dedicated service Prior to his employment with the City of La Porte, Mike Moore served the citizens of Baytown, Houston and Harris County, Texas, as well as the city of Tulsa, Oklahoma, as an Animal Control Officer. He had also previously served in the United States Army. After already initiating a career and establishing a solid and commendable reputation in public service, Mike began his tenure with the City of La Porte on March 23, 1992 as an Animal Control Officer with the Police Department. Mike held various advanced certifications related to animal welfare and services during his long and faithful career. He was recognized as the Police Department's Employee of the Quarter, for the 1St quarter of 2012, for his significant contributions and services to the citizens of La Porte. He has also been recognized during his service for his diligent work by receiving a chief's commendation from the chief of police, as well as several written commendations from citizens throughout his career. It is with great pride tonight that we recognize Mike for his selfless contributions, dedication and public service to the citizens of the City of La Porte. We wish him well in his retirement from duty. Council Agenda Item August 24, 2015 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the Regular Meeting, including a Budget Workshop Meeting held on August 10-11, 2015 - P. Fogarty (b) Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with the City of Morgan's Point for municipal court clerk services - D. Mitrano (c) Consider approval or other action authorizing the City Manager to execute an agreement with Bayside Terrace Civic Club for a Community Cooperation Project (New Neighborhood Entryway Sign) - T. Leach (d) Consider approval or other action regarding a Resolution authorizing publication of a notice of intent to issue certificates of obligation, distribution of a preliminary official statement, and other matters relating thereto - M. Dolby (e) Consider approval or other action authorizing an agreement with Patillo, Brown and Hill for auditing services for fiscal years 2015, 2016 and 2017 - M. Dolby ( Consider approval or other action authorizing the Mayor to execute an Employment Agreement with City Manager Corby Alexander - Mayor Rigby ****************************************************************** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmem ber At Large B DANNY EARP Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 DARYL LEONARD Councilmember District 3 VACANT Councilmember District 4 JAY MARTIN Councilmember District 5 Mayor Pro-Tem MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING INCLUDING A BUDGET WORKSHOP ON PROPOSED 2015-2016 FISCAL YEAR BUDGET OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 10 and 11, 2015 The City Council of the City of La Porte met in a regular meeting on two back-to-back evenings on Monday, August 10, and Tuesday, August 11, 2015, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, beginning each evening at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. each evening. Members of Council present on Monday, August 10, 2015, were: Mayor Rigby, Councilmembers Martin, Earp, Zemanek, Kaminski, Clausen, and Leonard. Councilmember Engelken was absent. Members of Council present on Tuesday, August 11, 2015, were: Mayor Rigby, Councilmembers Martin, Earp, Zemanek and Kaminski. Councilmember Leonard arrived at 7:30 p.m. Councilmembers Engelken and Clausen were absent. Also present on Monday, August 10, and Tuesday, August 11, 2015, were: City Secretary Patrice Fogarty and City Manager Corby Alexander. Assistant City Attorney Clark Askins was present on August 10, but not August 11, 2015. 2. INVOCATION - The invocation was given by City Attorney Clark Askins on Monday, August 10, 2015. 3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Dottie Kaminski. 4. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular City Council meeting held on July 27, 2015 — P. Fogarty (b) Consider approval or other action regarding a Resolution authorizing the City Manage to sign grant award and other documents for Speed and Intersection Traffic Control STEP Grant — K. Adcox Page 1 of 5 August 10-11, 2015 City Council Meeting Minutes The Consent Agenda was considered on Monday, August 10, 2015. Councilmember Earp moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Earp, Zemanek, Clausen, Kaminski and Martin Nays: None Absent: Councilmember Engelken 6. DISCUSSION OR OTHER ACTION (a) Discussion or other action concerning the proposed 2015-2016 Fiscal Year Budget of the City of La Porte, Texas — C. Alexander Mayor Rigby and Council proposed 9:00 p.m. as the time to recess each budget meeting Finance Director Michael Dolby began the presentation by providing a review of the budget. There is no proposed tax increase or utility fund increase. Mr. Dolby advised Council that the La Porte Area Water Authority is paying the debt on behalf of all participants for two budget years FY16 and 17. Assistant City Manager Traci Leach presented the proposed 2015-2016 Fiscal Year Budget for the Capital Improvement Program. Ms. Leach introduced the City of La Porte Financial Advisor Bob Henderson, Managing Director of RBC Capital Partners; and Finance Director Michael Dolby provided a written plan of finance for a proposed Bond Sale. Public Works Director Dave Mick presented the 2015-2016 Fiscal Year proposed budget for the Public Works Department that included the Street Division; Residential Solid Waste; Commercial Solid Waste; Water Production; Water Distribution; Wastewater Collection; Wastewater Treatment; Airport; La Porte Area Water Authority; and the Vehicle Maintenance and Replacement Funds. Police Chief Ken Adcox spoke in regards to replacing vehicles for the Police Department. City Council recessed for a break at 7:33 p.m. and reconvened at 7:47 p.m. Police Chief Ken Adcox presented the 2015-2016 Fiscal Year proposed budget for the Police Department that included Administration; Patrol; Criminal Investigations; Support Services; and Alternative and Grant Funding Summary. Councilmember Martin commented he is in favor of adding two of the covert cameras for District 5. Council was in agreement to adding the cameras. Planning and Development Director Tim Tietjens presented the 2015-2016 Fiscal Year proposed budget for the Planning Department that included GIS and Inspections. Parks and Recreation Director Rosalyn Epting presented the 2015-2016 Fiscal Year proposed budget for the Parks Department that included Parks Maintenance; Recreation; Special Services; and Administration. Page 2 of 5 August 10-11, 2015 City Council Meeting Minutes Regarding Parks Maintenance, Councilmember Zemanek requested additional plastic lounge chairs at the Wave Pool. Mayor Rigby spoke on behalf of Councilmember Engelken and requested parks facilities be cleaned on a regular basis. Regarding Recreation, Council directed Parks and Recreation Director Rosalyn Epting to provide a budget analysis of costs for City -provided lifeguard services vs. contracting for these services. Emergency Management Coordinator Kristin Gauthier presented the 2015-2016 Fiscal Year proposed budget for Emergency Management. Municipal Court Judge Denise Mitrano presented the 2015-2016 Fiscal Year proposed budget for the Municipal Court that included the General Fund; Special Revenue Fund; Security Fund; Technology Fund; Judicial Efficiency Fund; and Child Safety Fund. IT Manager Rene Valdez presented the 2015-2016 Fiscal Year proposed budget for Information Technology. The meeting recessed at 8:55 p.m. to reconvene on Tuesday, August 11, 2015, at 6:00 p.m. Tuesday, August 11, 2015 Mayor Rigby reconvened the meeting at 6:00 p.m. on Tuesday, August 11, 2015. Members of Council present: Councilmembers Martin, Kaminski, Earp and Zemanek. Absent: Councilmembers Engelken, Leonard and Clausen. Councilmember Leonard arrived at 7:30 p.m. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. City Manager Corby Alexander addressed Municipal Court Technology Funds from the previous night's meeting. Parks and Recreation Director Rosalyn Epting addressed pools; lifeguards; and an Equestrian/Multiuse Trail. Councilmember Earp commented the proposed trails may be a lot more than what the citizens are expecting. Councilmember Martin asked what a design fee is. Ms. Epting responded the fee includes the GEO Technical and Surveying Report. City Manager Corby Alexander asked Council if staff needed to re -scope the project. Councilmember Earp suggested to leave the project in the budget but not to take action. City Manager Corby Alexander presented the 2015-2016 Fiscal Year proposed budget for Liability and Health Insurance. Councilmember Zemanek asked the number for out of network claims vs. in network claims for the last year. Mr. Alexander advised the numbers will be forwarded to Council. Councilmember Earp asked if there are plan design changes for new employees and employees that are tobacco users. Mr. Alexander advised no changes are in effect, and the Page 3 of 5 August 10-11, 2015 City Council Meeting Minutes proposed changes will have to be presented to the Chapter 172 Employee, Retiree Insurance and Benefits Board before becoming effective. Assistant City Manager Traci Leach presented the 2015-2016 Fiscal Year proposed budget for the Human Resources Department. Councilmember Zemanek requested the City of La Porte Employee Policy Handbook to be forwarded to Council. City Secretary Fogarty will send it. Marketing/Public Relations Specialist Jaree Hefner presented the 2015-2016 proposed Fiscal Year Budget for the Hotel Motel Fund. Golf Course Manager Alex Osmond presented the 2015- 2016 Fiscal Year proposed budget for the Golf Course. Fire Chief Mike Boaze presented the 2015- 2016 Fiscal Year proposed budget for Emergency Services; Fire Marshal's Office; and the Fire Department. Finance Director Michael Dolby presented the 2015-2016 proposed Fiscal Year Budget for the Finance Department that included Accounting; Purchasing; Tax; General Fund Non -Departmental; Utility Billing; and Utility Fund Non -Departmental. Emergency Medical Services Chief Ray Nolen presented the 2015-2016 Fiscal Year proposed budget for Emergency Medical Services. Economic Development Coordinator Scott Livingston presented the 2015-2016 Fiscal Year proposed budget for Economic Development. City Secretary Patrice Fogarty presented the 2015-2016 proposed Fiscal Year Budget for the City Secretary's Office. Assistant City Manager Traci Leach presented the 2015-2016 proposed Fiscal Year Budget for the City Manager's Office; Legal; and Community Investment. City Secretary Patrice Fogarty presented the 2015-2016 proposed Fiscal Year Budget for City Council. 7. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Martin and Mayor Rigby. Councilmember Kaminski thanked staff for presenting the proposed budget; congratulated the Purchasing Department for receipt of an award and reminded citizens residing in District 4 of the beginning of Early Voting; Councilmembers Zemanek and Earp thanked staff for presenting the proposed budget; Councilmember Martin commented staff prepared a good budget; he is excited about the sidewalks on Park St. and the new Christmas lights; having design cost as a fixed percentage and sent his condolences to Marlene Rigby on the loss of her brother; Councilmember Leonard apologized for being late and advised he graduated from the Advanced Citizens Patrol Academy; and Mayor Rigby thanked staff for presenting the proposed budget and thanked everyone for their condolences during the loss of his brother-in-law. Page 4 of 5 August 10-11, 2015 City Council Meeting Minutes 8. ADJOURN There being no further business, the meeting adjourned on Tuesday, August 11, 2015, at 7:33 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on August 24, 2015. Mayor Louis R. Rigby Page 5 of 5 August 10-11, 2015 City Council Meeting Minutes REQUEST FOR CITY Agenda Date Requested: August 24 2 15 Requested By: Denise Mitrano Report: Resolution: Ordinance: Exhibit: Interlocal Agreement - Court Exhibit: COUNCIL AGENDA ITEM Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: SUMMARY & RECOMMENDATION The City of La Porte was recently approached by representatives from the City of Morgan's Point to provide municipal court services. The proposed Interlocal Agreement — Municipal Court is for a term of three fiscal years plus one month, commencing on September 1, 2015. The proposed fee for each fiscal year is $20,000 for the first 600 citations processed through La Porte Municipal Court and $31.00 per citation processed above 600. The proposed fee for the month of September 2015 is $1,667. Under the proposed agreement, the City of La Porte would provide municipal court clerical services and provide facilities for the Morgan's Point judge and prosecutor to prepare for and hold court. The clerical services would include assisting defendants, issuing and clearing warrants, receiving and depositing payments, maintaining court records, submitting monthly and quarterly reports to the state, creating court dockets, and issuing jury summons. The City of Morgan's Point shall provide and pay for judicial, prosecutorial and bailiff personnel. A copy of the proposed Interlocal Agreement — Court is attached. Staff recommends approval of the Interlocal Agreement with Morgan's Point for the provision of municipal court clerical services. Action Required by Council: Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with the City of Morgan's Point for municipal court services. Approved for City Council Agenda Corby D. Alexander, City Manager Date THE STATE OF TEXAS § TNT FP.? AJ :CREP �w _TT— �1tJfT ��r C?? = J COUNTY OF HAf IS § Whereas, the City of La Porte, Texas, and the City of Morgan's Point, Texas are adjacent to one another, and City of Morgan's Point finds that efficiency of city services will be better served by the use of City of La Porte's facilities for municipal court services; and Whereas, the parties enter into this Agreement for the purpose of providing municipal court services for the benefit of their communities; Now, therefore, the City Councils of the City of La Porte and the City of Morgan's Point mutually agree as follows: I. City of La Porte and City of Morgan's Point enter into this Agreement by and through their duly elected officials, and it is the intention of both parties to conform this Agreement in all respects with Chapter 791 of the Texas Government Code, more commonly known as "The Interlocal Cooperation Act." II. City of La Porte shall: (a) Provide municipal court clerical services. This includes collecting and receipting fines and court costs, filing Office of Court Administration Reports, filing State Comptroller's Office reports, preparing reports of moving traffic convictions to the Department of Public Safety and all other reasonable and necessary functions of a municipal court. City of La Porte shall collect fines and costs in connection with citations issued by the City of Morgan's Point, process citations in the dedicated court software; answer questions from defendants, enter and clear warrants and cases in SETCIC, Incode and OMNI; and perform other municipal court duties as required in the normal course of business. (b) Pay all wages, salaries, and other compensation of the court clerks including payroll taxes, retirement, social security taxes, if any, and any other payroll expenses for the services provided by City of La Porte; (c) Provide facilities for the municipal court judge and prosecutor for City of Morgan's Point to prepare for and hold court, and conduct such activities as are necessary to the fulfillment of court obligations. City of La Porte will provide a municipal court clerk to act for the municipal court of City of Morgan's Point when court is in session. (d) Timely deposit all fines and costs collected for the City of Morgan's Point to the financial institution of their designation. City of Morgan's Point shall: (a) Pay to City of La Porte for the municipal court services described above the sum of $20,000.00 for each fiscal year this Agreement is in place for the first 600 citations processed through City of La Porte's Municipal Court tinder this Agreement, and will pay $31.00 per citation above 600. This payment shall be prorated and paid monthly. This Agreement shall become effective on September 1, 2015, and City of Morgan's Point shall pay City of La Porte $1,667.00 for that month. (b) Provide whatever Ordinances may be necessary to give City of La Porte the full authority, power, rights, and privileges to act for City of Morgan's Point in accordance with this agreement; and (c) Appoint and provide judicial, prosecutorial and bailiff personnel, including the Municipal Court Judge, Associate or Alternate Court Judge, Prosecuting Attorney, Assistant Prosecuting Attorneys and Clerk of the Court. City of Morgan's Point shall be solely responsible for the payment of any fees due to these appointees, except as provided in Section II (b) of this Agreement. (d) All case records with final dispositions shall be stored at City of Morgan's Point. (e) Will ensure that its court software is consistent with that used by City of La Porte. Any costs required for licenses, set up, repair, updates, interfaces, or maintenance to the court management software shall be borne solely by City of Morgan's Point. City of La Porte shall provide the work station to house City of Morgan's Point court software at City of La Porte Municipal Court. City of Morgan's Point agrees to pay the costs of printing citation books and court files. (i) Will adopt a window fine schedule and standing orders that are identical to those of City of LaPorte. IV. This Agreement shall be for a term of three fiscal years plus one month, commencing on September 1, 2015, and extending through September 30, 2018; provided, however, that this Agreement shall automatically extend for successive one year terms unless notice of termination is given by June 30 prior to the end of any term. Provided further, that either party may terminate this Agreement by giving notice to the other party at least 90 days prior to the date of termination. All written notice shall be sent to the address of the parties shown herein. V. In order to have a more effective relationship between the parties, and to provide the best possible municipal court operations, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the City Administrator of City of Morgan's Point and the City Manager of City of La Porte, or their designee, and they may also bring any questio„s To the govemi;ag bodies oft�e rtspecttv:� cities. VI. (a) At all times this agreement is in force, the municipal court clerk of City of La Porte shall be under the supervision of the appropriate staff at City of La Porte, and is fully an employee of the City of LaPorte, City of Morgan's Point shall have no supervisory role or obligation for employment conditions. (b) Each party shall pay for services provided under this Agreement out of current annual funds. (c) Each party agrees that this Agreement fairly compensates each party for the services and functions performed under this Agreement. (d) To the extent permitted by law, no public official or employee of either City of Morgan's Point or City of La Porte shall be personally liable for any action arising from the performance of duties under this Agreement. (e) The City of Morgan's Point municipal court staff and police force have been responsible for issuance of tickets and all legal requirements related to the processing of citations through their own municipal court, and will continue to have its own police force issue tickets within its boundaries. City of Morgan's Point agrees to hold the City of La Porte harmless as to any errors in the issuance of citations, paperwork or other court management activities that City of La Porte has no involvement in or control over. ►AI Independent Contractor. Both parties mutually agree that City of La Porte is an independent contractor, and shall have exclusive control of performance hereunder, and is in no way to be considered an employee of the City of Morgan's Point. Nothing herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint -venturers, or any similar relationship. Vill. Risks. Each party agrees to carry such policies of insurance as each deems appropriate to cover any risks arising out of this Agreement; provided further that City of La Porte agrees to carry, as a minimum, insurance with liability limits of One Million Dollars "aggregate." Policies are available for inspection by City of Morgan's Point upon request. IX. No third Marty beneficiaries. This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. X. No waiver of immunity. Nothing in this Agreement shall be construed to waive any immunities from suit or liability enjoyed by the parties, their past or present officers, employees, or agents. XI. Venue. Venue for any dispute arising under this Agreement shall lie exclusively in the state and federal courts of Harris County, Texas. Amendments. This agreement may be modified, changed, or altered at any time, upon mutual agreement of parties, provided that any such modification, change, or alteration be reduced to writing. XIII. Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect, and the parities shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. IN WITNESS WHEREOF, we have hereunto set our hands effective the day of , 2015, in duplicate originals in Harris County, Texas. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary City of La Porte CITY OF MORGAN'S POINT By: Mic el cc tel, ay ATTEST: AA Megan May s, City Secretary City of Mor -l's Point REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 8-24-15 Requested By: Traci Teach Department: Administration Report: Resolution: Ordinance: Exhibits: Agreement with Bayside Terrace Exhibits: Verification of Officers Exhibits Proposed Design Exhibits: Existing Sign Budget Source of Funds: Fund 015 Account Number: Amount Budgeted: %20,000 Amount Requested: a 51000 Budgeted Item:(yn) NO SUMMARY & RECOMMENDATION As part of the FY 2015 budget, the Council approved funding for Community Co-op projects, where the City would partner with HOAs and other neighborhood groups to complete small beautification and quality of life projects. A total of $20,000 was budgeted with a maximum City contribution per project of $5,000. All projects would be considered on a first come, first served basis. At this time, projects with Shady River HOA and Fairmont Park HOA have been completed or are in progress now. At total of $10,000 is currently unencumbered. However, staff is currently working with two additional associations to develop projects. One of these is the Bayside Terrace Civic Club and the project identified by the HOA is ready for Council consideration. Bayside Terrace HOA has obtained a quote for a neighborhood entryway sign. The total project cost is estimated to be $7,600. The HOA is asking for the City to contribute $5,000, the maximum available for the project. As this would not be an addition to a City -owned and maintained facility, the on -going maintenance responsibility would lie with the Bayside terrace Civic Club. Action Required by Council: Consider approval or other action authorizing the City Manager to execute an Agreement with Bayside Terrace Civic Club for a Community Cooperation project (new neighborhood entryway sign). Approved for City Council Agenda Corby Alexander, City Manager Date OF L p ,..> City of La Porte City Manager's Dice rq EStaklisked 1892 The City of La Porte embraces our heritage, community values and texn� opportunities, while enhancing the quality of life for our citizens. MEMORANDUM OF AGREEMENT This Memorandum of Agreement (MOA) is made by and entered into this day of : ,1 2015 (the "Effective Date") between the City of La Porte, Texas, a home -rule municipality under the laws of the State of Texas ("the City") and the Bayside Terrace Civic Club, a Texas nonprofit corporation, ("BTCA"), to establish each parry's obligations under the Community Cooperation Project, as defined herein. The terms acceptable to both Parties to begin the Community Cooperation Project are as follows: The City and BTCA agree that the Community Cooperation Project shall consist of the construction of a neighborhood entryway monument. The monument is proposed to be comprised of a masonry sign (approximately 6' x 4') with 20" masonry columns on both"sides of the sign, hereinafter referred to as the "Improvements". The words `Bayside Terrace Neighborhood" will be affixed to the sign face. The total estimated cost of the Project is $7,600.00 ($3,800.00 for the sign and $3,800.00 for the lettering). The City's responsibilities for the Improvements are limited to: • Construction of the concrete footer required for the monument sign (approximately 10' x 6'); • Coordination with CenterPoint Energy to remove an out of service pole from the area to facilitate placement. Should the City be unable to relocate this unused utility pole, City may assist in identifying an alternative location. The BTCA's responsibilities for the Improvements will include: • Procurement and Installation of lettering for the sign • Procurement and oversight of installation services for the monument sign City shall be responsible for the scheduling of work and installation of the concrete footer. The BTCA shall be responsible forthe scheduling of work and installation of the Improvements. The City's share of the Project's costs shall be limited to $5,000.00, which is the maximum funding amount allowed under this program. The BTCA's share of the Project's costs shall be $2,600.00. Upon completion of the Improvements, the neighborhood entryway monument will be owned, operated, and maintained by BTCA. The City assumes no ongoing maintenance responsibility for the Improvements once completed, and is not responsible for contributing towards the cost of replacement of the Improvements if damaged or destroyed. Furthermore, BTCA agrees to release, indemnify, and hold harmless City from any liability in connection with claims for damages or loss brought against City in relation to the purchase, installation, or condition of the Improvements. 604 W, Fairmont Parkway P La Porte, Texas 77571 W (281) 470-5011 n www.loportetx.gov This MOA constitutes the complete understanding between the parties in order to begin the procurement and installation process for the Project. For the City of La Porte, Texas: Corby D.Alexander City Manager. For the Ba side Terrace Civic Club: Don Berkemeyer President-%J% c-&- Attest: Patrice Fogarty, City Secretary 604 W. Fairmont Parkway m La Porte, Texas 77571 w (281) 470-5011 e www.laportetx.gov �i LE COPY 3, Q isB Texas Franchise Tax No Tax Diue Information Report e Tuode 13255 Annual Franchise ■ Taxpayer number m Repartyear puedate Privilege period covered by this report 2 0 1 5 E5qol5 01101/2-015 1213112015 Taxpayer Hanle ------ --. t3 AYS ( D E T E R RA C1-: C 1 WI C C L 118; Secretary , of State file num of or Comptroller file number col(:) o S 2.101 Nulling address '� (G 4 lPCode 7 S'T Z Pius Bia _itcircl Ifthe address has changed ! Blacken circle If this is a combined report � O decode t�AICS code 13larken circle if Total f{ venue is adjusted for Tiered Partnership PleGklon, see - Instructions * - - ■ o - - - - Blacken circle if this is a Corfrotation er Lirnired 1 lability Cornpan ® Blacken circie if this is on l ntlty other than a Corporation or Ijmited liability Company *Note; tipper tierer# partnerships do not quallfyto use this form, It any of the statements below are true, you qualify to file this No Tax Due information Report: (Slacken all circles that apply) 1. This entity is a passive entity as defined in Chapter 171 of the Texas Tax Code, (seelnstructions) 1. M 0 (Passive income does NOT Include rent) 2, This entity's annualized total revenge is below the no tax due threshold. (see instructions) 2. ■ f 3, This entity has zero Texas Gross Receipts. 3. m Q 4. This entity is a Real Estate investment Trust (REIT) that meets the qualifications specified 4. e Q In ssection171.0002(c)(4), m m d d y y m m d d y y 5a, Accounting year - L - - .begin date 5a, [ �and date 5b. — -� -� 6. TOTAL REVENUE Whole dollars only) 61 e I I I I C( 0 5 I0 D namePAUL. C- 9E:R E2 : yeas urea' i declare that the in(pwition 11) this dacy.ment and any attacl?r!leits is true and correct to the best of my knowledge and Mall original to; beilet, Texas Comptroller of Public Accounts P.0, Box 14934E Austln,lX 78714 9�48 — -��_.� _ - � �10 Date - J'r�� If you have any questions regarding franchise tax, you may contact the Texas Comptroller's field office in your area or call 1-800-z52-13811 Instructions for each report year are online at www.window.state.tx.us/ta)info/taxbrms/05-forms.htmi. Texas Comptroller Official Use Only I I MAH E ot�-1az Texas Franchise Tax Public information Report (Rev.g•1�1 z) To befiledby Corporations, Limited Liability Companies (1,1,C) and Financial Institutions This report MUST be signed and filed to satisfy franchise tax requirements ■ Tcode 13196 Franchise ■ Taxpayer number ■ Repartyaor You hayscertain rights vrrderChoprer952and33V, aavammanfCod€,toreview, requesrondcarrect Information wahave on file aboutyou. Conracrus at Hoa M-138I. 'taxpayer name gAV s D P .I.L P R 6 C F: CIVIC C �- LU f3 m O Blacken circle If the mailing address has changed, Malling ad mo D 4 Secretary of State (SOS) file number or Comptroller file number City L A- P D R Ti E 5tatg - T' -XI � i s-7Plu�� p D D 0 2 7 ra 1 O blacken circle If there are currently no changes from previous year, If no Information Is displayed, complete the applicable Information In Sections A, Sand C. r 11 Offimr, director and mans or Information Is reported as of the as ppdate a Public Information I 111111111111111111111111111 IN IN I1IINININIII ��ed L !i!► 1 rReport e ort. Iscompleted. Is nto requirement Information r pr €edtt�e for suppleated menting the Informaart of the tions as ise x of cers,directors,armanagerschangethroughouttheyear, 1000000000014 SIECTteN A Name, title and malline addr@ss of each officer. director or manaaar. Name � 1DER N4P,� I-F & RAN p Tit of 1 L 1�1-eS i Gr1T ulrr YES m m d d y y Term 4 2 expiration Mailing a ress f City PC5 Y ° State TX Z' 7 7 S-j Z Name I?K �� VG V, Tit a Vtce ' Pm!5lJe4iA— ®Ire€tor 0 YES m m d d y y Term d®n C) 1 7 ti 7 expira Mailing address l" �� O F Q 0 K 2 O �' t� State 1 ZlP C7-7 �2 Name KATN R V N f,& U 1 L Title ret2t Director YES m m d d y y Ter expiration Z S Melling addmis R D �� ! Ji City j , P6 r.y� State --x ZIP �� SECTION 0 Enter the Information required for each corporation or LLC, g any, In which this entity owns an Interest of 10 percent or more. Namo of owns (subsl lacy) corporation or limited liability company 5tate eoormation Texas SOS file number, If any Percentage of ownership Name of owned (subsidiary) corporation or limited Ilability company State of formation Tms SOS file number, If any Percentage of ownership SECTION C Enter the information required for each corporation or LLC, If any, that owns an Interest of 10 percent or more In this entity or limited liability company. Register®dagentan r@9IA@r@d offiP@ cmuentlyort filef;eeInstructions lfyouneed tomake changes) Blacken circle If you need forms to change Agent: C) the registered agent or registered office Information, City State ZIP Code Office: The above information is required by Section 171,203 of the Tax Cadefor each eorperatlon or limited liabillty mmponythot files a Texas Franchise Tax Report. Use additional sheets farSectlom A.B. and C. If ne€essarv. The Information will W avallable fgr public In5voctlgn, i de€lare that the Information In this docurnmtand any attachments 15 true and cotreetto the bestnf my knowledge and belief, m of the date below, and that a copy of this report has been mailed to each per§an named In this report who Is an offiim, director or manager and who 15 not currently omployad by this, or a related, corporation or Ilmlted liability company. sign Titl Date / / DiDLI c EXISTING SIGN REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2014 Requested By: Michael Dolbv, Director of Finance Department: FINANCE Report: Resolution: XX Ordinance: Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: NA Amount Budgeted: Amount Requested: NA Budgeted Item: SUMMARY & RECOMMENDATION During Council budget workshops, Staff presented several key infrastructure improvement projects which require funding. The projects identified for this year are; Fairmont Elevated Tank Interior Re Coating 140,000 Construct Catlett/Belfast/Piney Brook/Carlow Utility Improvements 1,750,000 Construct Scotchmoss Utility Improvements 1,100,000 Lomax Lift Station Design 195,000 Fairmont Park Elevated Tank Painting 475,000 Elevated Water Tanks 210,000 Construct W D St and S 41" 650,000 Total Expenditures & Commitments $4,520,000 At this time staff is requesting to move forward with funding the projects through a certificate of obligation and we are requesting permission to publish a notice of intent to issue debt in a newspaper which is of general circulation within the City, for two consecutive weeks. The date of the first publication to be a least thirty- one days (31) before date set as passage of ordinance authorizing the sale. Action Required by Council Consider approval or other action regarding a resolution authorizing publication of a notice of intention to issue certificates of obligation, distribution of a preliminary official statement, and other matters relating thereto. Approved for City Council Agenda Corby Alexander, City Manager Date RESOLUTION NO. 2015- RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE § WHEREAS, the City Council (the "City Council") of the City of LaPorte, Texas (the "City"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred for the construction of public works, for the purchase of materials, supplies, equipment, machinery, buildings, land and rights -of -way for authorized needs and purposes, and for the payment of contractual obligations for professional services pursuant to Subchapter C of Chapter 271, Texas Local Government Code, as amended; WHEREAS, the City Council has determined that it is in the best interests of the City and otherwise desirable to issue certificates of obligation in a principal amount not to exceed $8,000,000 styled "City of La Porte, Texas, Certificates of Obligation, Series 2015" (the "Certificates") in accordance with the notice hereinafter set forth; WHEREAS, in connection with the Certificates, the City Council intends to publish notice of its intent to issue the Certificates (the "Notice") in a newspaper of general circulation in the City; and WHEREAS, for purposes of providing for the sale of the Certificates, the City Council intends to authorize the preparation of a Preliminary Official Statement (the "Preliminary Official Statement") to be used in the public offering of the Certificates; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Preamble. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 2. Authorization of Notice. The City Secretary is hereby authorized and directed to deliver the Notice, in the form set forth in Exhibit A hereto, and to publish such Notice on behalf of the City once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least thirty-one (31) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. Notwithstanding any other provision of this Resolution, the Mayor and City Manager are each hereby authorized to make or approve such revisions, additions, deletions, and variations to the Notice as, in the judgment of the Mayor and/or City Manager and in the opinion of Bond Counsel to the City, may be necessary HOU:3579976.1 or convenient to carry out or assist in carrying out the purposes of this Resolution, or as may be required for approval of the Certificates by the Attorney General of Texas; provided, however, that any change to the Notice resulting in material substantive amendments shall be subject to the prior approval of City Council. Section 3. Authorization of a Preliminary Official Statement. This City Council hereby approves the preparation and distribution by the City's financial advisor to prospective purchasers of the Certificates of the Preliminary Official Statement, as the same may be completed, modified, or supplemented with the approval of the Mayor or other authorized officers and agents of the City. Section 4. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 5. Effective Date. This Resolution shall take effect immediately upon its passage. Section 6. Public Meeting. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by the Texas Government Code, Chapter 551, as amended. HOU:3579976.1 2 PASSED AND APPROVED the 24th day of August, 2015 CITY OF LA PORTE, TEXAS Mayor ATTEST City Secretary (SEAL) S-1 HOU:3579976.1 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of La Porte, Texas (the "City") will meet at its regular meeting place at City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas at 6:00 p.m. on September 28, 2015, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxation and a limited (in an amount not to exceed $1,000) and subordinate pledge of certain revenues of the water and sewer system of the City, in the maximum aggregate principal amount of $8,000,000, bearing interest at any rate or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to pay all or any part of the contractual obligations to be incurred for the construction of public works, the purchase of materials, supplies, equipment, machinery, buildings, land and rights -of -way for authorized needs and purposes, to wit: (i) improvements and extensions to the City's water and sewer system, (ii) street improvements, (iii) drainage improvements, and (iv) professional services rendered in connection with the above listed projects. S-1 HOU:3579976.1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Appropriation Requested By: Michael Dolby Source of Funds: 001.016.034 & 038 Department: Finance Account Number: 5001-Audit Report: Resolution:'' Ordinance: Amount Budgeted: $75,000 Other: Amount Requested: Attachments : Budgeted Item: ' YES NO 1. Firm Comparison Summary Sheet SUMMARY & RECOMMENDATIONS A Request for Proposal (RFP) for Professional Auditing Services was issued on April 30, 2015. In addition to advertising in the Bay Area Observer, notice was sent to fifteen (15) Certified Public Accounting firms. On June 2, 2015, proposals were received from eight firms. Reference checks were made and the proposals were reviewed. The Fiscal Affairs Committee conducted interviews with three of the eight firms on July 22, 2015. Based upon the interviews, the review of qualifications and the reference checks, a recommendation will be made by the Committee to the full council. At this time, staff recommends proceeding with a three year engagement with Patillo, Brown, and Hill to provide auditing services to the City of La Porte for fiscal years 2015, 2016, and 2017. Action Required of Council: Consider approval or other action authorizing an agreement with Patillo, Brown, and Hill for auditing services for a three-year period (Fiscal years 2015, 2016, and 2017). Approved for City Council Agenda Corby D. Alexander, City Manager Date Professional Fees for Auditing Services Whitley PB&H Penn ABIP Part 1 Partners $7,200 $6,800 $30,140 Managers 7,200 14,950 18,480 Supervisory Staff 18,000 17,850 Staff 15,000 14,600 19,710 Meals and Lodging 2,000 Transportation 500 Arbitrage Reporting CAFR 1,500 6,000 13,200 Other Fees 400 Part I Total- inclusive maximum fees 2015 $51,400 $60,600 $81,530 2016 $51,750 $62,226 3% per year 2017 $52,250 $63,901 3% per year Part II Single Audit 4,000 LPWA 4,500 6,000 La Porte Redevelpment Authority 5,000 TI RZ 11,500 Part II Total- Not to exceed 2015 $8,500 $11,000 $11,500 2016 $8,600 $11,000 $11,500 20171 $8,700 1 $11,0001 $11,500 IGRAND TOTALS (Parts I and II) 2015 $59,900 $71,600 $93,030 2016 $60,350 $73,226 $95,821 2017 $60,950 $74,901 $98,696 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Appropriation Requested By: Mayor Rigby Source of Funds: N/A Department: City Council Account Number: Report: Resolution:'' Ordinance: '�' Amount Budgeted: Other: Amount Requested: Attachments : Budgeted Item: ' YES NO 1. Employment Agreement -Clean Version 2. Employment Agreement -Marked Version SUMMARY & RECOMMENDATIONS In July 1, 2012, the City Council approved an employment agreement with Corby Alexander, City Manager. At this time, the agreement is being amended and updated. The attached files include both a redline version that highlights the changes and a clean version. As agreed, the only significant change is to eliminate the expiration term on the agreement making the contract "evergreen". Action Required of Council: Consider approval or other action authorizing the Mayor to execute an Employment Agreement with Corby Alexander, City Manager. Approved for City Council Agenda Corby D. Alexander, City Manager Date EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND CORBY D. ALEXANDER FOR THE POSITION OF CITY MANAGER STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE KNOW ALL PERSONS BY THESE PRESENTS THIS AGREEMENT made and entered into effective the 6' day of July 2015, by and between the City of La Porte Texas, a municipal corporation, hereinafter called "Employer", and Corby D. Alexander, hereinafter called "Employee", both of whom understand as follows: WITNESSETH: WHEREAS, Article III, Section 3.01 of the Charter of the City of La Porte states that the City shall appoint a city manager who shall be the chief executive officer and head of the administrative branch of the city government; and WHEREAS, Employer desires to employ the services of said Corby D_ Alexander as City Manager of the City of La forte; and WHEREAS, Employee desires employment for the position of City Manager of said City of La Porte; and WHEREAS, it is the desire of the governing body, hereinafter called "City Council," to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee, in connection with his duties as City Manager; and WHEREAS, the parties acknowledge that Employee is a member of the International City/County Management Association (1CMA), and the Texas City Management Association (TCMA) and that Employee is subject to the Codes of Ethics of these organizations; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said Corby D. Alexander as City Manager of said Employer to perform the functions and duties specified in said Charter of the City of La Porte and applicable provisions of the City Code for such position and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2: Employment A. In accordance with Article III, Section 3.01 of the Charter of the City of La Porte, the Employee shall serve at the pleasure of Employer, and no part of this agreement shall be construed to impose or imply a term of office or guaranteed tenure for Employee. B. Employee agrees to remain in the exclusive employ of Employer, and further agrees to not provide services to or contract with any other employer or agency until the cessation of his employment with Employer, except as provided in Section 9 of this agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position of City Manager with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3: Termination and Severance Pay A. In the event Employee is terminated by the City Council and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee 1) a lump sum cash payment equal to six (6) months aggregate salary; and 2) all accrued benefits through the effective date of the termination, including all earned sick leave, vacation, holiday, or longevity pay. In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits hereinabove described, but shall only be obligated to pay salary up to and including the date of termination. B. In the event Employer at any time reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Council that he resign, or the employer declines to renew the employees contract then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Section 4: Resignation In the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer thirty (30) days' notice in advance, unless the parties agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not apply. 2 Section 5: Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical. Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 3, Paragraph A. Section 6: Salary Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary of $182,802.88, payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may determine that is desirable to do so on the basis of annual salary review as a part of the annual performance evaluation process and at any other time the City Council deems appropriate. Section 7: Performance Evaluation A. The City Council shall review and evaluate the performance of the Employee at least once annually. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of the La Porte City Charter and La Porte Employee Policies Handbook. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further, the Mayor of the City of La Porte shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of La Porte and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the City Council and Employee mutually agree to abide by the provisions of applicable law. Section 8: Work Hours It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer, and to that end Employee will be allowed to take time off as he shall deem appropriate during said normal office hours. Section 9: Outside Activities Employee shall not spend more than 10 hours per week in teaching, consulting or other non Employer -connected business without the prior approval of the City Council. Employee's outside activities shall not interfere or conflict with any duties or responsibilities required under this agreement including the number of hours. Section 10: Automobile Employee's duties will require that he use his personally owned vehicle for Employer business. Employer has recognized this by agreeing to pay to Employee $500 per month to reimburse Employee for the business use of his vehicle. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. If, however, the destination of a business trip exceeds a 100-mile radius from La Porte, Employee shall have the option of using a City -owned pool vehicle for the purposes of such business travel and the City shall supply the fuel for the City vehicle or Employee may be reimbursed for mileage beyond 100 miles at the prevailing city mileage reimbursement rate. Section 11: Vacation, Sick, and Military Leave A. Employee shall accrue and have credited to his personal account, 120 hours of vacation annually and sick leave at the same rate as other general employees of the Employer. Said vacation and sick leave shall be subject to provisions as outlined in Section 3 of this agreement, upon termination of Employee. In addition, if Employee voluntarily resigns as described in Section 4 of this agreement, Employer agrees to compensate employee for all accrued vacation and sick leave up to and including the final date of employment. Employer agrees to credit Employee with 120 hours of vacation leave at time of employment. B. Employee shall be entitled to military reserve leave pursuant to federal or State law and City of La Porte policies. Section 12: Health, and Life Insurance Employer agrees to provide hospitalization, surgical, and comprehensive medical insurance and life insurance for Employee equal to that provided all other employees of the City, and to pay the premiums thereon on the same basis as for other employees of Employer. In addition, Employer agrees to provide additional life insurance for Employee in the amount of $150,000.00. Section 13: Retirement Employer shall provide and pay for Employee's participation in the retirement plan of the Texas Municipal Retirement System in a manner and rate consistent with all other employees of the City of La Porte. Section 14: Dues and Subscriptions Employer agrees to budget and to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Employer. Said dues and subscriptions shall include, but not be limited to, Texas City Management Association, International City/County Management Association, and their regional and local affiliate organizations. Section 15: Professional Development A. Employer hereby agree to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to the TCMA Annual Conference, the ICMA Annual Conference, the National League of Cities, the Texas Municipal League, and such other national, regional, state, and local government groups and committees thereof which the Employee serves as a member. Participation in said professional development activities shall be considered a part of the Employee's work related duties and Employee shall not be required to use accrued leave for such participation. B. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his professional development and for the good of the Employer. Section 16: Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of a local civic club of his choice, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer's expense. Section 17: Indemnification In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Employee, unless arising from Employee's willful misconduct. Employer will compromise and settle any claim or suit and pay the amount of any settlement or judgement rendered thereon, provided however, that any settlement shall be subject to the review and approval by Employee. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance by virtue of his employment. Section 19: Residency Employee will be expected to relocate to a place of residence within the corporate limits of La Porte within a reasonable period of time after employment and should continue to reside in the City during his employment with the City. Section 20: Other Terms and Conditions of Employment A. The City Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this agreement, Chapter 6 of the Texas Local Government Code or other law. B. All provisions of the City of La Porte Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as provided herein. Section 21: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Louis R. Rigby Mayor City of La Porte 604 East Fairmont Parkway La Porte, Texas 77571 (2) EMPLOYEE: Corby D. Alexander 11010 Mesquite LaPorte, Texas 77571 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 22: General Provisions A. The text herein shall constitute the entire agreement between the parties with respect to the subject matter hereof. B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of Employee. C. This agreement shall become effective as of July 6, 2015. 6 D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WIEREOF, the City of La Porte, Texas, has caused this agreement to be signed and executed in its behalf by its Mayor, Louis R. Rigby, and duly attested to by its City Secretary, and the Employee has signed and executed this agreement, both in duplicate, the day and year first written above. ATTEST: Patrice Fogarty City Secretary APPROVED AS TO FORM: Clark T. Askins Assistant City Attorney CITY OF LA .PORTE, TEXAS By: Louis R. Rigby, Mayor "EMPLOYER" Corby R. Alexander "EMPLOYEE" FOR THE POSITI[ON OF CITY MANAGER STATE OF TEXAS THIS AGREEMENT made and entered into effective the 6th day of July, 2015i, by and between the City of La Porte Texas, a municipal, corporation, hereinafter called "Employer", and Corby D. Alexander, hereinafter called "Employee", both of whom understand as follows: WITNESSETH: WHEREAS, Article 111, Section 3.01 of the Chat -ter of the City of La Porte states that the City shall appoint a city manager who shall be the chief executive officer and head of the administrative branch of the city government; and WTIEREAS, Employer desires to employ the services of said Corby D. Alexander as &np4eyee City Manager of the City of La Porte, as-pf&wded4yisle 31-1 Se, the Cli-E,1 of La�P�, and WHEREAS, Employee desires employment ar&-Einpleyee for the position of City Manager of said City of La Porte; and WHEREAS, it is the desire of the governing body, hereinafter called "City Council," to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee, in connection with, his duties as City Manager; and WHEREAS, The parties acknowledge that Employee is, a member of the International City/County Management Association (ICMA), and the Texas City Management Association (TCMA) and that Employee is subject to the Codes of Ethics of these organizations-, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said Corby D. Alexander as City Manager of said Employer to perform the functions and duties specified in said Charter of the City of La Porte and. NJ I 141� at.] 41 IF RRIJUMB a U 111,041 IN 16][MM I UMMYLVAMMUMMIM IPAii A. In accordance with Article 111, Section 3.101 of the Charter of the City of La Porte, the Employee shall serve at the pleasure of Employer, and no part of this agreement shall be construed to impose or imply a term of office or guaranteed tenure for Employee, B. Employee agrees to remain in the exclusive employ of Employer 4af4�., -,;of.Ais I... agFeemepA-, and further agrees not-te beeew&-t�ed, to not provide services to or contract with an;j other ernplOger or eno until the da cessation of his emj1jq,!1menLtwh--h- ter except as provided in Section 9 of this agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council, to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, of this agreement, 11"111MI NEW 11 1 1: � i 1111p the provisions set forth in Section 4 of this agreement. A. In the event Employee is terminated by the City Council dwi+.T-the-*rm-"Ltli�e� and during such time that Employee is willing and able: to perform the duties under this agreement, then in that event Employer agrees to pay Employee 1) a lump sum cash payment equal to f8iff (4) (6) months aggregate salary: and 2) all accrued benefits through the effective date of the termination, including all earned sick leave, vacation, holiday, or longevity pay. Rowe�, 7 ump sum eash pay4nent eqaal is --- teFaii-- -le"" -hifd-yeff Of this _Ht + agfeement-, or- du.-ing a-R)X extended., then if! -Empleyee-shall be-erniti-ed te -- Iii-Inp, sium eash payme*t-eq*al4o-stx: In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits hercinabove described, but shall only be obligated to pay salary up to and Meluding the date of termination. B. In the event Employer at any time d*Fing-the-4efni--of4his--agfeement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable ac�ross-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Cij!� Council that he N resign, or the employer declines to renew the employees contract then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Section 4: Resignation In the event Employee voluntarily resigns his position with Employer diif; the 4--- -,V4— agreement, then Employee shall give Employer thirty (30) days' notice in advance, unless the parties agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not apply. Section 5: Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 3, Paragraph A. Section 6: Salary Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary of $449424-.N $182,802.88, payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may determine that is desirable to do so, on the basis of annual salary review as a part of the annual performance evaluation process, and at any other time the City Council deems appropriate. A. The City Council shall review and evaluate the performance of the Employee 4b4owing4he at least once annually thefea#ef, Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of the La Porte City Charter and La Porte Employee Policies Handbook. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further, the: Mayor of the City of La Porte shall yrovide the emplowee with, a summaj7, written and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. B, Annually, the City Council and Employee shall define: such goals, and performance objectives that they determine necessary for the proper operation of the City of La Porte and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and ob�jectjves, said goals and objectives to be reduced to writing. They shall generally be attainable within the: time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the City Council and Employee mutually agree to abide by the provisions olaw. Section 8. Work Hours It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer, and to that end Employee will be allowed to take time off as he shall deem appropriate during said normal office hours. Employee shall not spend more than 10 hours per week in teaching' consulting or other non Employer -connected business without the prior approval of the City Council. Employee's outsidc activities shall not interfere or conflict with any duties or responsibilities required under this agreement including the number of hours. Employer agrees to provide hospitalization, surgical, and comprehensive medical insurance and life insurance for Employee equal to that provided all other employees of the City, and to pay the premiums thereon on the same basis as for other employees of Employer. In addition, Employer agrees to provide additional life insurance for Employee in the amount of $150,00:0. Section 13: Retirement Employer shall provide and pay 'For Employee's participation in the retirement plan of the Texas Municipal Retirement System in a manner and rate consistent with all other employees of the City of LaPorte. 11 Section 14: Dues and Subscriptions Employer agrees to budget and to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and, for the good of the Employer. Said dues and subscriptions shall include, but not be limited to, Texas City Management Association, International City/County Management Association, and their regional and local affiliate organizations. Section 15: Professional Development A. Employer hereby agree to budget for and to pay for travel and subsistence expenses of Employee for professional. and official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official -functions for Employer', including but not limited to the TCMA Annual Conference, the lCMA Annual Conference, the National League of Cities, the Texas Municipal League, and such other national, regional, state, and local government groups and committees thereof which the Employee serves as a member, Participation in said professional development activities shall be considered a part of the Employee's work related duties and Employee shall not, be required to use accrued leave for such participation. B. Employer also agrees to, budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and serninars that are necessary for his professional development and for the good, of the Employer. Section 16: Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of a local Civic Club of his choice, for which Employer shall pay all expenses. Employee shall report to the Ernployer on each membership that he has taken out at Employer's expense. 61�,;111� In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or' demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Employee, unless arising from Employee's willful misconduct. Employer will compromise and settle any claim or suit and pay the amount of ally settlement or judgernent rendered thereon, provided however, that any settlement shall be subject to the review and approval by Employee. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance by virtue of his employment. 9 Employee will be expected to relocate to a place of residence within the corporate limits of La Porte within a reasonable period of time after employment and should continue to reside in the City during his employment with the City. I*. feeegni -E)-V rig *w Section 20: Other Terms and Conditions of Employment A. The City Council, in consultation with the Employee, shall fix any Such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this agreementChapter 6 of the Texas Local Government Code or other law. B. All provisions of the City of La Porte Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as provided herein. Notices pursuant to, this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows- (1) EMPLOYER: Louis R. Rigby Mayor City of La Porte 604 East Fairmont Parkway La Porte, Texas 77571 (2) EMPLOYEE: Corby D. Alexander Alternatively, notices required pursuant to this agreenrient may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service, Section 22: General Provisions A. The text herein shall constitute the entire agreement between the parties with respect to the subject matter hereof. B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of Employee. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed. severable, shall not be affected, and shall remain in full force and effect, XV. r0sly, UWE (111IJ attesLeiw LU Uy �Lh %-ILY ")V'Qrcldry and the Employee has signed and executed this agreeme�nt, both in duplicate, the day and year first written above, CITY OF LA PORTE, TEXAS .32 Louis R. Rigby, Mayor "EMPLOYF,R" APPROVED AS TO FORM: Clark, T. .skins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Requested By: R.J. Davidson Department: Planning Report: Resolution: Ordinance: X Exhibits: List of Dangerous Buildings Exhibits: Dangerous Building Inspection Reports Exhibits Ordinances Budget Source of Funds: General Funds Account Number: #001-9092-524-6021 Amount Budgeted: %66,190.00 Amount Requested: TBD Budgeted Item: YES X NO SUMMARY & RECOMMENDATION A regular Council meeting was held on July 13, 2015, to review the findings of the Dangerous Building Inspection Board and an August 24, 2015, public hearing date was granted to consider formal action. Subsequent to this meeting, as required by Chapter 82, Article VIII of the Code of Ordinances, a notice was published twice in the Bay Area Observer and posted to the City of La Porte public bulletin board. Also, certified letters (voluntary consent to demolish form and public notice) were mailed to the building owners. The purpose of this public hearing is to receive property owner, citizen, and staff comments as to why the buildings should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. At this time, staff has secured a voluntary consent to demolish form(s) on 201 N. 7" St. Therefore, no condemnation ordinances are needed on this location. The Board recommends passage of condemnation ordinances for 203 Bay Oaks Dr., 204 N. Forrest, 302 N. 7" St., 313 S. 71n St., 330 S. 51n St., 402 S. 151n St., 422 S. 2nd St., 514 N. 51n St., 626 N. 1s` St. The Finance Department has confirmed Acct. 4001-9092-524-6021 has $66,190.00 in budgeted funds. Action Required by Council: Consider approval or other action of ordinances regarding condemnation of substandard buildings. Approved for City Council Agenda Corby D. Alexander, City Manager Date SUBSTANDARD BUILDING LIST (Summer 2015 Group) 1) 204 N. Forrest Ave. TWO STRUCTURES ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9035-208-005-0018 Legal Description: Blk. 5; Lot 8; Sylvan Beach First Subdivision Improvements: $ 31,942.00 Taxes Owed: $ 0 Mowing/Clean-up: S 01.0101 Utility Billing: Active account $39.19 2) 402 S. 15t' St. TWO STRUCTURES ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9024-102-089-0030 Legal Description: Blk. 789; Lots 17 thru 32 La Porte Improvements: $ 66,045.00 Taxes Owed: $ 0 Mowing/Clean-up: S 01.0101 Utility Billing: S 0- not active as of 9/24/12 (write off) 3) 313 S. 7t' St. TWO STRUCTURES ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9023-162-019-0007 Legal Description: Blk. 19; Lot South 10' lot 6 all of lots 7-8; LaPorte- Harris County Improvements: $ 36,598.00 Taxes Owed: $ 0 Mowing/Clean-up: S 1801.68 75.f g p: � ifi (8L 1'ee) 1...68 (murmtemme^wo .p. 1018.010i (a8iumurm ee)� Utility Billing: S 0- not active as of 3/12/09 (write off) 4) 203 Bay Oaks Dr. TWO STRUCTURES ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9063-022-010-0010 Legal Description: Blk. 10; Lots 10-13; Bay Oaks an addition in Harris County Improvements: $ 45,314.00 Taxes Owed: $ 0 Mowing/Clean-up: S 01.0101 Utility Billing: Active account $39.19 5) 422 S. 2°a St. TWO STRUCTURES ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9023-155-000-0020 Legal Description: inclusive Blk. 10; Lots 20-22; Town of La Porte Improvements: $ 33,766.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 01.010I Utility Billing: S 0- not active as of 1/05/09 (write off) Substandard Building List, Summer 2015 Group Con't... . Page 2 6) 201 N. 7`h St. TWO STRUCTURES ON SITE- VOLUNTARY- NO ORDER NEEDED (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9023-198-068-0017 Legal Description: B1k.68; Lots 17, 18, 19, 20; La Porte Improvements: $ 16,000.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 31.3131 Utility Billing: ACTIVE 4-27-15 & COLLECTION 9-30-13 7) 514 N. 5t' St ONE STRUCTURE ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9023-216-004-0009 Legal Description: Blk. 104; Lots 9 & 10; La Porte — Harris County Improvements: $ 39,495.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 4,55.4,7 343.3�31 (ino iurmg) 17.4,7 iiii' ((eresO 1 1015.0110, (adiniirm 1'ee)�I Utility Billing: $ o- not active as of 6/02/08 (write off) 8) 302 N. 7t' St. ONE STRUCTURE ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9023-203-078-0014 Legal Description: Blk. 78; Lots 14, 15, & 16; La Porte Improvements: $ 25,551.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 31.3131 Utility Billing: $ 0- not active as of 2/26/13 (write off) 9) 626 N. 1s` St. ONE STRUCTURE ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 9024-037-027-0003 Legal Description: Blk. 327; Lots 3-4; Town of LaPorte- Harris County Improvements: $ 17,803.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 131.4,5 I 1231.313, (ino wiurmg) 1 1.4,5 iiii' (eresost I Utility Billing: $ 0- TERMINATED 4-30-13 10) 330 S. 5t' St. ONE STRUCTURE ON SITE (Single Family Dwelling in an R-1, Low -Density Residential Zone) HCAD: 4023-162-018-0017 Legal Description: Blk. 18; Lots 17, 18, & 19; La Porte Improvements: $ 13,614.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 121.018 II 1201.010, (iuowiurmg) I 1.318 iiurm(erest)� Utility Billing: $ 0- TERMINATED 9-18-14 City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: STREET ADDRESS: SOY N- OWNER: �,.� %.S 1_CC. DEED OWNER: 'p"4q/v74mWA5;e'/ LEGAL: La 19 Q &4CL .S S yu'0/u lee4e-f 'S44's r svd.'J.tdcS.to.J OCCUPANCYTYPE: ,��5. '1E�u7-XA-e— ZONING: 110 NON -CONFORMING ISSUES: FACILITIES AVAILABLE: WATER: = - Xe Svc SEWER: XE.S ELECTRICAL: YES GAS: IV NUMBER OF DWELLING UNITS: VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC'82-473. DECLARATION OF PUBLIC NUISANCE AND'HAZARD A. Dangerous or substandard buildings or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of',the following is applicable: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or mechanical installations. ` A building or 'structure shall be considered dangerous or substandard whenever it is determined by the Board, that`any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: S �t^vrJiv'�- X(: i � Q D Z ) BUILDING FFICIAL'S OFFICE DAT X f^�IM,C.�-. FIR MA' SHAL'S OFFICE DATE X -`I FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 0/l l STREET ADDRESS: /y• %�Iff SI OWNER: 'elw DEED OWNER: 4116Y ?l ru_..rp° � N-Lr—E HCAD: 0,1 _? - A P,03 - 47 8 — 00 /y LEGAL: B,,i) 7:rr 5- x4_"d 4T OCCUPANCY TYPE: NON -CONFORMING ISSUES: ZONING: "t2/ FACILITIES AVAILABLE: WATER: It ,S- AOSVG SEWER: Y&- S ELECTRICAL: Xt`S NUMBER OF DWELLING UNITS: VACANT: Y� S OCCUPIED: GAS: -0114- AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vill, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC'82-473. DECLARATION OF PUBLIC NUISANCE AND. HAZARD A. Dangerous or substandard buildings' or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 6. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B.. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or,[structure shall be 'considered dangerous or substandard whenever it 'is determined by the Board, that lany or all of the following is applicable; Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: nle�-fC/ i^e- X '�-------� /!' BUILDING FFICIAL'S OFFICE DATE FIRE MARSHAL'S OFFICE DATE Xy -� s FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: Gr17 STREET ADDRESS: 311 S. 7 rsT OWNER: /9 41ley a-td elvt U C i4f 1411f-4 DEED OWNER: S4m"e HCAD: d A 9 / ~ d%d _ Odd T LEGAL: Ga cmN. OCCUPANCY TYPE: /6 sf�h" ji"c-"0 ZONING: NON -CONFORMING ISSUES: �l FACILITIES AVAILABLE: WATER: Yes _ AJ° s"c• SEWER: Yes ELECTRICAL: �/ S GAS: NUMBER OF DWELLING UNITS: VACANT: y eS OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. �7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be `considered dangerous or substandard whenever it is determined by the Board, thatany or all. of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. !1 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. X4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: jGib a�Gi'?N/S s't rye -1JY'C BUILDING OFFICIAL'S OFFICE DATE X aj FIRE MARSHAL'S OFFICE DATE FIRE CHIEFS OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE STREET ADDRESS: g -,-,o S , SIff ST, OWNER: MA44eK. Y)#U DEED OWNER: %lprieK- Otto HCAD: 6993- Ida -- Of F_0617 LEGAL: G07- 114 /g, Iq_ 13W9 164 64/0047� Tx. OCCUPANCY TYPE: ZONING NON -CONFORMING ISSUES: ,0 / FACILITIES AVAILABLE: WATER: �S- AJOSVe. SEWER: ELECTRICAL: yC-3 GAS: NUMBER OF DWELLING UNITS: VACANT: YCS OCCUPIED: 'ES N/M4 AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vlll, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC. 82473. DECLARATION OF PUBLIC NUISANCE AND`HAZAR A. Dangerous or substandard buildings or. structures. A building or structure shall' be considered dangerous or substandard whenever it is determbed.by the Board, that any or all ofthe following is applicable: Al: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. �7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous; or substandard electrical, plumbing, or. mechanical `installations.': A building or ;structure shall be considered dangerous or substandard whenever it is determined' by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. �2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: ev 0-1 U v--,- a� �-� f /S- BUILDING OFFICIAL'S OFFICE DAT FIRE MARSHAL'S OFFICE DATE x 1. FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: d j h_�5 STREET ADDRESS: e1C7o2 S, l.-r" S T. OW N ER: l8' to WAIe_2 S ON 7�C'%LE 195�1_4e-T DEED OWNER: '69'y �Z4rt/214CE.5 HCAD: eg Y- /D - LEGAL: ON 7r iC—�-_ )&_2029 r OCCUPANCYTYPE: ZONING: el NON -CONFORMING ISSUES: FACILITIES AVAILABLE: WATER: Ye-L- V'9Sae- SEWER: Y4!7�9 ELECTRICAL: Y6'S GAS: /WIC NUMBER OF DWELLING UNITS: VACANT: ef�s OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vill, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SIwC. 82-473. DECLARATION OF PUBLIC NUISANCE AND HAZARD A. Dangerous.' or substandard buildings or structures. A;building or structure shall be considered dangerous or substandard whenever it is determined by th.e. Board, that any or all of the following is applicable: 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be`considered dangerous or substandard whenever it is determ.Inecl,by the Board, that any or all. of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: 5 ��'v'c�C7vvLp . BUILDING OFFICIAL'S OFFICE DAT X 6- FIRE MARSHAL'S OFFICE DATE X G, s-- i5- FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: d1b STREET ADDRESS: 01 2 st, OWNER: MkOt 1 (ff _ DEED OWNER: HCAD: 0)- �- LEGAL:. ots D -02 `� frYi(%tU�l� f4 [f7 L' 10, AW124rtwl w /Q parit OCCUPANCY TYPE: / Sa((tQA f fh ZONING: P_ 1 NON -CONFORMING ISSUES: FACILITIES AVAILABLE: WATER: Y'eS " kQ W - SEWER: eS ELECTRICAL: Y c S GAS: NUMBER OF DWELLING UNITS: VACANT: OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vill, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: A. `Dangerc consider 6ny oral. wing p. dr structures. A E ard.whenever it is.de gilding or structure shall'be ermined by the Board, that 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. X4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION; iry C x BUILDING OFFICIAL'S OFFICE DATE X rj/. AV1.1 FIRE M RSHAL'S OFFICE DATE 1n FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: l� . STREET ADDRESS: SIGI Al • ATM ST, OWNER: /;4'r LTO ti! W AL C_ k DEED OWNER: �rG70AI �4G HCAD: Oa 3 -a 16 - oOY - ODo LEGAL: GoTS q ,a` /y �.�/ �4coC /oy, �o.�T� � ,�.4 s em,.urY TC. - el,, TYPE: ,&-SI Ala/ NON -CONFORMING ISSUES: ZONING: lel FACILITIES AVAILABLE: WATER: YES - --Jv 61vc• SEWER: Yf'j ELECTRICAL: Ye-. NUMBER OF DWELLING UNITS: / VACANT: YeS OCCUPIED: GAS: � s4 AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC. i$2-473. DECLARATION OF PUBLIC NUISANCE AND:HAZARD A Dangerous or substandard buildings 'or structures A building or structure shall 'be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable- A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. �7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous substandard electrical, plumbing, or mechanical installations: A building or structure shall be'consiclered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. �2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. —4-4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: M BUILDING FFICIAL S OFFICE DATE x_ FIRE MARSHAL 'SfOFFICE DATE X al FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: f7 A 5- STREET ADDRESS: ldd OWNER: -",f%° DEED OWNER: Hrnn E LEGAL:S �-Ll, ld�� -©c�� C��(�, l�'�s6wo ty OCCUPANCY TYPE: I&Ll�L-M ZONING: NON -CONFORMING ISSUES: &0 FACILITIES AVAILABLE: WATER: reS-A)09VC, SEWER:yt —jam• ELECTRICAL: GAS: NUMBER OF DWELLING UNITS: VACANT:yeL OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACTA DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: C. 82=473. D.ECLARATION OF PUBLIC NUISANCE AND HAZARD A.: Dangerous or substandard buildings or structures. A building or structure`:shall ;be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable': 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 97, Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandaM electrical, plumbing; or mechanical installations. A building or structure shall be considered dangerous or substandardwhenever it' is determined by the Board, that anv or all of'the followin .is aDplicable 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. �2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. �\ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: DAft st'(Vutwe- X n } A; x % • FIRE MARSHAL'S OFFICE DATE K1 FIRE CHIEF'S OFFICE DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: � //' AIF rl Sp STREET ADDRESS: -;20,5 /fix oa45 x9r. OWNER: O4I`S (5. flq DEED OWNER: $ OL HCAD: 06 ?� ` 04Z_X- d) 10 --C)o /o lxD( rt4r1b N Al 144&rrlS ew -f LEGAL:Gd�S 1U `!� � l3 fbCi�, Ia D � ICY a�.... Y OCCUPANCY TYPE: /�csr'Ott st q 10p ZONING: A 1 NON -CONFORMING ISSUES: FACILITIES AVAILABLE: WATERAC,S _ ks 5ye, SEWER: _ 6S ELECTRICAL: 7C5 GAS: Ye NUMBER OF DWELLING UNITS: ........I VACANT: OCCUPIED: __S - mo ®!te- f � va ` kt-vt e AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged byfire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B: Dan.gerous: or substandard electrical, plurnbing or mechanical installations. A building or structure shall be'considered dangerous or`substandard `whenever it is determined by the Board, that any or all of the following'is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: -tv^t- X� j � � � A�q' ex 2 BUILDING OFFI IAL'S OFFICE DATE "� f x FIl i RE MARSHA_L'S OFFICE DATE X FIRE CHIEF'S OFFICE DATE ORDINANCE NO. AN ORDINANCE DECLARING BOTH THE DETACHED GARAGE BUILDING AND THE PRIMARY DWELLING LOCATED AT BLK. 10, LOTS 10 THROUGH 13, BAY OAKS SUBDIVISION, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 203 BAY OAKS DR., TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT OTIS WRIGHT IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that a detached garage building and the primary dwelling at BLK. 10, LOTS 10 THROUGH 13, BAY OAKS SUBDIVISION, TOWN OF LA PORTE, which is further described as 203 BAY OAKS DR., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding buildings to be in fact dangerous buildings; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, OTIS WRIGHT, whose address is 9827 DOVER HILL RD., LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated: POST OFFICE RETURNED AS ""NO SUCH NUMBER" ON DULY 21, 2015, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being a detached garage building and the primary dwelling, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that OTIS WRIGHT and is the record owner of the property on which the aforementioned detached garage building and primary dwelling are situated, and that as such record owner, the said OTIS WRIGHT have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said OTIS WRIGHT to entirely remove or demolish such buildings, and further orders the said OTIS WRIGHT to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the detached garage building and primary dwelling, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said OTIS WRIGHT) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said OTIS WRIGHT, not comply with the orders contained in this Ordinance relating to the removal or demolition of such detached garage building and primary dwelling within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said detached garage building and primary dwelling to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said OTIS WRIGHT, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such buildings, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING BOTH THE ACCESSORY STORAGE BUILDING AND THE PRIMARY DWELLING LOCATED AT BLK 5, LOT 8, SYLVAN BEACH FIRST SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 204 N. FORREST AVE, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ABR PROPERTIES, LLC IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the accessory storage building and primary dwelling located at BLK 5, LOT 8, SYLVAN BEACH FIRST SUBDIVISION, LA PORTE, which is further described as 204 N. FORREST AVE., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said buildings to be in fact dangerous buildings; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, ABR PROPERTIES, LLC, whose address is 7102 REDWOOD DR., PASADENA, TX 77505, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated that said owner(s) received said notice on DULY 23, 2015 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being an accessory carport structure, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that ABR PROPERTIES, LLC is the record owner of the property on which the aforementioned accessory storage building and primary dwelling are situated, and that as such record owner, the said ABR PROPERTIES, LLC has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said ABR PROPERTIES, LLC to entirely remove or demolish such accessory storage building and primary dwelling, and further orders the said ABR PROPERTIES, LLC to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the accessory storage building and primary dwelling, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said ABR PROPERTIES, LLC) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said ABR PROPERTIES, LLC, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within forty- five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said ABR PROPERTIES, LLC, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such buildings, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING THE PRIMARY DWELLING LOCATED AT BLK. 78, LOTS 14, 15, AND 16, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 302 N. 7fh STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT RUDELL PHILLIPS and RUBY PHILLIPS IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the primary dwelling at BLK. 78, LOTS 14, 15, AND 16, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, which is further described as 302 N. 7fh STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, RUDELL PHILLIPS and RUBY PHILLIPS, whose address is P.O. BOX 247 and 302 N. 7fh STREET, LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated: POST OFFICE LISTED AS "OUT FOR DELIVERY" ON AUGUST 7, 1015, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being the primary dwelling structure, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that RUDELL PHILLIPS and RUBY PHILLIPS are the record owners of the property on which the aforementioned primary dwelling structure is situated, and that as such record owners, the said RUDELL PHILLIPS and RUBY PHILLIPS have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said RUDELL PHILLIPS and RUBY PHILLIPS to entirely remove or demolish such building, and further orders the said RUDELL PHILLIPS and RUBY PHILLIPS to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owners of said property (the said RUDELL PHILLIPS and RUBY PHILLIPS) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said RUDELL PHILLIPS and RUBY PHILLIPS, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said RUDELL PHILLIPS and RUBY PHILLIPS, record owners of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING BOTH THE ACCESSORY STORAGE BUILDING AND THE PRIMARY DWELLING LOCATED AT BLK 19; SOUTH 10' OF LOT 6, AND ALL OF LOTS 7 AND 8, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 313 S.7�h STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT GEORGE ALLEN IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY- FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that an accessory storage building and the primary dwelling at BLK 19, SOUTH 10' OF LOT 6, AND ALL OF LOTS 7 AND 8, TOWN OF LA PORTE, which is further described as 313 S. 7th STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said buildings to be in fact dangerous buildings; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, GEORGE ALLEN, whose address is 309 MATHEWS AVE., NE, ATLATA, GA., 30307-2352 and 4021 GANN RD., SE, SMYNRA, GA., 30082, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated: POST OFFICE RETURNED AS "UNDELIVERABLE" ON DULY 31, 2015, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being an accessory storage building and the primary dwelling, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that GEORGE ALLEN and is the record owner of the property on which the aforementioned accessory storage building and primary dwelling are situated, and that as such record owner, the said GEORGE ALLEN have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said GEORGE ALLEN to entirely remove or demolish such accessory storage building and primary dwelling, and further orders the said GEORGE ALLEN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of accessory storage building and primary dwelling, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said GEORGE ALLEN) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said GEORGE ALLEN, not comply with the orders contained in this Ordinance relating to the removal or demolition of such accessory storage building and primary dwelling within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said accessory storage building and primary dwelling to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said GEORGE ALLEN, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such buildings, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING THE PRIMARY DWELLING LOCATED AT BLK.18, LOTS 17, 18, AND 19, TOWN OF LA PORTE, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 330 S. 5th STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT MARK PHU IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the primary dwelling at BLK.18, LOTS 17, 18, AND 19, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, which is further described as 330 S. 5th STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, MARK PHU, whose address is 611 SHAWNEE ST., HOUSTON, TX. 77034, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated: POST OFFICE LEFT NOTICE ON DULY 17, 2015, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being the primary dwelling structure, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that MARK PHU and is the record owner of the property on which the aforementioned primary dwelling structure is situated, and that as such record owner, the said MARK PHU have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said MARK PHU to entirely remove or demolish such building, and further orders the said MARK PHU to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Ordinance No. Page 4 Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said MARK PHU) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said MARK PHU, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said MARK PHU, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING BOTH THE DETACHED GARAGE BUILDING AND THE PRIMARY DWELLING LOCATED AT BLK 789, LOTS 17 THROUGH 34, LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 402 S. 15'h STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT WALTER GONZALES, AUGUSTINE CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, AND ROY GONZALES, JR., ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNERS TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY- FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council Ordinance No. Page 2 and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that a detached garage building and primary dwelling at BLK 789, LOTS 17 THROUGH 34, LA PORTE, which is further described as 402 S. 15th STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated JUNE 18, 2015 finding buildings to be in fact dangerous buildings; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, AND ROY GONZALES, JR., that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about JULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and to each owner's address of record, which was delivered on JULY 17, 2015 to ROVERT CONTRERAS and JOSEPH CONSTRERAS; delivered on JULY 16, 2015 to AUGUSTINE CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, RACHEL FLORES, ROY GONZALES, JR., and GEREAW CONTRERAS; delivered to CATHY BIRDSLEY on JULY 21, 2015; delivered to MICAELA CONNELL on JULY 29, 2015; returned as "UNDELIVERABLE" for CHRISTOPHER Ordinance No. Page 3 GONZALES and WALTER GONZALES; "notice left at address" for VIRGINIA HUTCHINGS; and "in process of delivery" for REGINA AKINL, MACEDONIO CONTRERAS and CHARLES GONZALES a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being a detached garage building and primary dwelling, to be a public nuisance, and orders such buildings condemned. Ordinance No. Page 4 Section 4. The City Council hereby finds, determines and declares that WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, and ROY GONZALES, JR., are the record owners of the property on which the aforementioned detached garage building and primary dwelling are situated, and that as such record owners, the said individuals have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, ROY GONZALES, JR., to entirely remove or demolish such detached garage building and primary dwelling, and further orders the said WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, and ROY GONZALES, JR., to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the detached garage building and primary dwelling, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE Ordinance No. Page 5 GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, and ROY GONZALES, JR.) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, and ROY GONZALES, JR., not comply with the orders contained in this Ordinance relating to the removal or demolition of such detached garage building and primary dwelling within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said detached garage building and primary dwelling to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said WALTER GONZALES, AUGUSTINE CONTRERAS, GEREAW CONTRERAS, STEFFANIE PEREZ, WAYNE GONZALES, REGINA AKINL, MACEDONIO CONTRERAS, RACHEL FLORRES, CHARLES GONZALES, CHRISTOPHER GONZALES, VIRGINIA HUTCHINGS, CATHY BIRDSLEY, ROVERT CONTRERAS, JOSEPH GONZALES, AMELIA CONTRERAS, MICAELA CONNELL, and ROY GONZALES,JR., record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Ordinance No. Page 6 Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING BOTH THE ACCESSORY CARPORT BUILDING AND THE PRIMARY DWELLING LOCATED AT BLK. 10, LOTS 20 THROUGH 22, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 422 S. 2nd STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT MABLE COX IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that an accessory carport building and the primary dwelling at BLK. 10, LOTS 20 THROUGH 22, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, which is further described as 422 S. 2nd STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said buildings to be in fact dangerous buildings; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, MABLE COX, whose address is 412 S. 2nd STREET, LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated: POST OFFICE RETURNED AS "UNDELIVERABLE AS ADDRESSED" ON DULY 31, 2015, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being an accessory carport structure and a primary dwelling, to be a public nuisance, and orders such buildings condemned. Section 4. The City Council hereby finds, determines and declares that MABLE COX and is the record owner of the property on which the aforementioned accessory carport building and primary dwelling are situated, and that as such record owner, the said MABLE COX have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said MABLE COX to entirely remove or demolish such accessory carport building and primary dwelling, and further orders the said MABLE COX to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Ordinance No. Page 4 Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said MABLE COX) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said MABLE COX, not comply with the orders contained in this Ordinance relating to the removal or demolition of such accessory carport building and primary dwelling within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said MABLE COX, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such buildings, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING THE PRIMARY DWELLING LOCATED AT BLK. 104, LOTS 9 AND 10, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 514 N. 5 h STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT MILTON WALKER IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the primary dwelling at BLK. 104, LOTS 9 AND 10, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, which is further described as 514 N. 5fh STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, MILTON WALKER, whose address is 514 N.5th STREET, LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated that said owner(s) received said notice on DULY 18, 2015 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being the primary dwelling structure, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that MILTON WALKER and is the record owner of the property on which the aforementioned primary dwelling structure situated, and that as such record owner, the said MILTON WALKER have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said MILTON WALKER to entirely remove or demolish such building, and further orders the said MILTON WALKER to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Ordinance No. Page 4 Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said MILTON WALKER) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said MILTON WALKER, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said MILTON WALKER, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. AN ORDINANCE DECLARING THE PRIMARY DWELLING LOCATED AT BLK. 327, LOTS 3 AND 4, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 626 N. I" STREET, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT GENEVIA ROY and MORRIS MANUEL ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNERS TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the primary dwelling at BLK. 327, LOTS 3 AND 4, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, which is further described as 626 N. lst STREET, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated DUNE 18, 2015 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, GENEVIA ROY, whose address is 423 N. 3rd STREET, LA PORTE, TX.77571 and MORRIS MANUEL, whose address is 626 N. 1st STREET, LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on AUGUST 24, 2015, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice of said hearing upon said owner(s), by posting a notice on the subject property on or about DULY 14, 2015; and by registered mail, return receipt requested, sent both to the subject property address and the owner's address of record, which return receipt indicated that said owner(s) received said notice on: notice sent to MORRIS MANUAL RETURNED BY POST OFFICE AS "UNCLAIMED" ON DULY 21, 2015, and notice sent to GENEVIA ROY was received on DULY 25, 2015; a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on AUGUST 24, 2015 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being the primary dwelling structure, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that GENEVIA ROY and MORRIS MANUEL and is the record owner of the property on which the aforementioned primary dwelling structure situated, and that as such record owner, the said MILTON WALKER have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said GENEVIA ROY and MORRIS MANUEL to entirely remove or demolish such building, and further orders the said GENEVIA ROY and MORRIS MANUEL to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property (the said GENEVIA ROY and MORRIS MANUEL) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said GENEVIA ROY and MORRIS MANUEL, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said GENEVIA ROY and MORRIS MANUEL, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Appropriation Requested By: E. Ensey Source of Funds: N/A Department: Planning & Development Account Number: N/A Report: Resolution: '�, Ordinance: Amount Budgeted: N/A Other: N/A Amount Requested: N/A Attachments : Budgeted Item: YES NO 1. Ordinance 2. P&Z Recommendation Letter 3. Future Land Use Plan SUMMARY & RECOMMENDATIONS At the request of the owners of Port Crossing Business Park, the Council held an executive session at the June 8, 2015 City Council meeting regarding whether or not Port Crossing is grandfathered from the 2014 Zoning Ordinance revisions due to a previously approved SCUP which specified permissible land uses. Council directed staff to facilitate the original vision for development by grandfathering the intended land uses as previously detailed in the 2006 SCUP. Although this item is not a request by the applicant, the proposed modification to the Future Land Use Plan, as adopted in the Comprehensive Plan, will accurately reflect the development that was and is intended to take place within the Port Crossing area and specifically between Highway 146 and S. 16th Street and between W. M Street and McCabe Road. The following is a summary of the proposed modifications to the Future Land Use Plan: All the parcels of land fronting on S. 16th Street have been modified from "Business Industrial' use to "Light Industrial' use. This change in land use designation will correlate with the warehousing and distribution uses that will develop on these properties. 2. The detention pond on the north portion of the development is proposed to be modified from "Business Industrial" use to "Park and Open Space" use to accommodate the existing retention pond on this site. 3. At the southern portion of the site along Highway 146, a portion of the tract is proposed to be modified from "Park and Open Space" use to "Business Industrial' use. The applicant has demonstrated that there is not a need to expand the existing detention ponds from their current size. As a result the need for this tract of land to accommodate detention is no longer necessary and the applicant is requesting consideration to allow this tract to develop with "Business Industrial" land uses. The Planning and Zoning Commission reviewed this request at the July 16, 2015 and August 6, 2015 meetings and voted to recommend approval of the proposed modifications to the Future Land Use Plan. Action Required of Council: 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City's Future Land Use Plan for those tracts of land between Highway 146 and S. 16th Street and between W. M Street and McCabe Road as depicted in the attached exhibit. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HERE, OF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article 1, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of LaPorte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in 1986; and amended on the 22"d day of January, 2001; amended on the 18"' day of August, 2006; and amended on the 12t1' day of November, 2012; and amended on the 28"' day of October, 2013; and amended on the 8th day of December, 2014. WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on July 16, 2015, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for those tracts of land located between State Highway 146 and S. 16"' Street, and between W. M Street and McCabe Road, as depicted in Exhibit A attached hereto, and identified as follows; 1.) Tracts 1B-3, Johnson Hunter Survey, Abstract 35; Reserve D and Reserve G, Block 4, Reserve I, Block 3; and Reserve K, Block 2, of the Pori Crossing Amending Plat, from `Business Industrial" to "Light Industrial"; 2) Reserve E, Block 4, of the Port Crossing Amending Plat, from "Park and Open Space" to "Business Industrial"; and 3) Reserve M, Block 2, of the Port Crossing Amending Plat, from "Business Industrial" to "Park and Open Space"; and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend to the La Porte City Council such amendments be made to the Future Land Use Plan component of the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City Council of the City of LaPorte, Texas, after duly noticed public hearing held at its August 24, 2015 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of LaPorte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject to this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law 3 preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4 This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 24th day of AUGUST, 2015. ATTEST: Patrice Fogarty, City Secretary APPROVED: C IN Clark Askins, Assistant City Attorney CITY OF LA PORTE Louis R. Rigby, Mayor EXHIBIT A -; City of L,a Forte Planning and Development rat Department a� scahlis@~led 1597 TirM7 Twetjpns, [N,ector August d, 2015 Honorable Mayor Rigby and City Council City of La Porte RE: Future Land Use Plan Amendment Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission reviewed a proposed amendment to the city's Future Land Use Plan at the July 16, 2015 tweeting. The proposed plan amendment would modify certain tracts from Business Industrial use to Light Industrial use; certain tracts from Business Industrial use to Park and Open. Space use; and certain tracts from Park and Open Space use to Light Industrial use in order to make the Comprehensive Plait consistent with the intended development of the Port Crossing area. The area of the proposed amendment focused on all tracts of land between S. 16"' and SH 146 and between W. M Street and McCabe Road. The Planning and Zoning Corturnission voted to recommend approval of the proposed Future Land Use Plan Amendment as is presented in the City Council Agenda Item Request. Respectfully submitted, Hal Lawler Chairman, Planting and Zoning Commission cc: Tim Tietjens, Director of Planning and Development Department File City of La Porte 604 W. Fairmont Pad(way Phone: (281) 471-5020 Planning, and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www,laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Appropriation Requested By: E. Ensey Department: Planning & Development Report: Resolution: Ordinance: Other: ', Attachments : 1. Ordinance & SCUP 2. Amended Development Agreement with Exhibits 3. P&Z Recommendation Letter 4. SCUP Application 5. SCUP #06-006 6. Area Map 7. Zoning Map Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATIONS At the request of the owners of Port Crossing Business Park, City Council held an executive session at the June 8, 2015 meeting regarding whether or not Port Crossing is grandfathered from the 2014 Zoning Ordinance revisions due to a previously approved SCUP which specified permissible land uses. Council directed staff to facilitate the original vision for development by grandfathering the intended land uses as previously detailed in the 2006 SCUP. The owners of Port Crossing have chosen to further "clean up" a number of discrepancies between the various documents governing development of the Port Crossing. Part of this clean up includes modifying the previously approved Port Crossing SCUP (#06-006). The applicant has entered into a contract to sell the Port Crossing Business Park. During the due diligence phase, it was discovered that there are a number of discrepancies between the various documents that govern the development of the Port Crossing Business Park. As a result, the applicant is requesting the Council consider amending the SCUP. The Port Crossing Business Park consists of approximately 300 acres of land, some developed but a majority vacant. The Port Crossing Business Park is located north and west of State Highway 146 and Wharton Weems including all property included in the Final Plat of Port Crossing (a subdivision of 286.7 acres of land out of the WP Harris Survey Abstract No. 30, J Hunter Survey Abstract No. 35, G. IVIcKinstry Survey Abstract No 47); and Reserve A, Block 1, Port Crossing Section 1; and Reserve A, Boncosky Trucking Terminal. The Planning and Zoning Commission reviewed this request at the July 16, 2015 and August 6, 2015 meeting and voted to recommend approval of the SCUP subject to the following conditions (including modifications to conditions #5, #8, and #9, which have been included as follows): 1. This Special Conditional Use Permit -(SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development Agreement). 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP supersedes SCUP #06-006. 4. This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and are a part of the Amended Development Agreement. 5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106- 217 of the City of La Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required. 6. The business park identification and entry features shall remain and be maintained as constructed unless approved by the City Council. 7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure. 8. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within any part of the 300 acre Port Crossing business park. Any gas station that provides any two (2) of the following: truck parking, more than one diesel dispenser for every ten (10) gasoline dispensers, or has a canopy over the dispensers that is greater than sixteen (16) feet in height shall also be deemed a truck stop. 9. Within reserves E, J1, and L fronting State Highway 146, warehouses are prohibited if the warehouse has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on more than two sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and unloading operations. Additionally, each building located thereon must have grade -level store -front entries with windows facing Highway 146. Where warehouses exceed 200,000 square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. Additionally in the event of truck -bay parking on the north or south side any allowed building screening shall be required to screen such trucks. Screening may consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen such trucks. 10. The Developer shall comply with all other applicable laws and ordinances of the City of LaPorte and the State of Texas. To the extent there is a conflict between those laws and ordinances and this SCUP, the SCUP controls. 11. This SCUP is binding on all owners of property included in the Legal description and their successors and assigns. [Any additional conditions requested by the City Council.] Should this SCUP be approved, it will supersede the previously approved SCUP and will function to govern any future development within the business park. The proposed development will continue to develop as it was originally intended, with warehousing, distribution, and flex industrial uses along with three commercial tracts. Action Required of Council: 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Special Conditional Use Permit Request #15-91000004, for the Port Crossing Business Park. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 15-91000004 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF ESTABLISHING USE AND DEVELOPMENT REQUIREMENTS FOR BUSINESS PARK; FOR MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; 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. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #15-91000004, attached hereto as Exhibit A and incorporated by reference for all purposes, and in order to specify land uses and other various development requirements for an approximately 300 acre business park generally west of the intersection of State Highway 146 and south of West M Street, including all property included in the Final Plat of Port Crossing (a subdivision of 286.7 acres of land out of the WP Harris Survey Abstract No. 30, J Hunter Survey Abstract No. 35, G. McKinstry Survey Abstract No 47); and Reserve A, Block 1, Port Crossing Section 1; and Reserve A, Boncosky Trucking Terminal, within a Planned Unit Development (PUD) zoning district and a Light Industrial (LI) zoning district. Section 2. All ordinances or parts of ordinances that are inconsistent with the terms of this ordinance, including specifically Ordinance #2006-1501-H5 and Special Conditional Use Permit 06-006 as adopted thereby, are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 24th day of AUGUST, 2015. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #15-91000004 This permit is issued to: Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port Crossing B5, L.P. Owner or Agent 3330 S. Sam Houston Parkway E., Houston, Texas 77047 Address For Development of: Port Crossing Business Park: Approximately 300 acre mixed use development (formerly Texas Import Export). Development Name Legal Description: 300 acres of land out of the George B. McKinstry League, A 47, William Harris Survey, A-30, Johnson Hunter Survey, A-35, and more particularly described in the Development Agreement Zoning: PUD, Planned Unit Permit Conditions: This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: I. This Special Conditional Use Permit -(SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development Agreement) and the General Plan (Exhibit B of the Amended Development Agreement). 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP supersedes SCUP 906-006. 4. This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and are a part of the Amended Development Agreement. 5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106-217 of the City of La Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required. 6. The business park identification and entry features shall remain and be maintained as constructed unless approved by the City Council. 7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within any part of the 300 acre Port Crossing business park. Any gas station that provides any two (2) of the following: truck parking, more than one diesel dispenser for every ten (10) gasoline dispensers, or has a canopy over the dispensers with a clearance height that is greater than sixteen (16) feet in height shall also be deemed a truck stop. �. Within reserves E, Jl, and L fronting State Highway 146, warehouses are prohibited if the warehouse has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on more than two sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and unloading operations. Additionally, each building located thereon must have grade -level store -front entries with windows facing Highway 146. Where warehouses exceed 200,000 square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. Additionally in the event of truck -bay parking on the north or south side any allowed building screening for the length and height of a truck parked at such bay shall be required to screen one side of such truck. Screening may consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen such trucks. Any screening by landscaping shall be achieved within 24 months of planting. 10. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. To the extent there is a conflict between those laws and ordinances and this SCUP, the SCUP controls. 11. This SCUP is binding on all owners of property included in the Legal description and their successors and assigns. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development has been abandoned, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of LaPorte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary SITE METES AND BOUNDS Being an approximate.293.8036 acre tx'act. in -the Town of LaPorte,, Texas recorded in o`011une Page ' ` ' ' , Harris County need Records, a -at of. the W, P. Harris Survey'A-30, the -George B. MciC.i.nstry Survey A 47, and the Johnson- hunter Svxvey A--35, Barris County, Texas, and .being =re particularly described by metes and bounds it's fo llowts BEGINNING at a'point at tha northeast corner of. formerly dedicated Bloch 1170 on the Southern boundary of "M" Street on the western right of way boundary -of SH 146 ma=ked. by a-1rImiB; THENCE southexly 5,75G.52 feet along -the western right-of-way houridary of SH 7.46 to the northern bounddary of McCabe Road, THENCE westerly along the northern right-of-way of McCabe Road 1, 400' to the western boundary of the -Union Pacific Railroad right-- of-way (Save and.except the•area of the existing Dowell. Road. and/or the proposed re -located Powell Road); THENCE' nerthexly 4,328.52 feet along the.•eastern botmdaxy 01 8he Union Pacific Railroad right-of-way to a point 326,66 feet 06 59' 35" west of the northeast Corner of the•Gaorge B. XcRinstry Survey gave and except a 6.3192 acre tract, described as follows' OUT 'BRACT . Being a 6.3192 acre tract of land out of a poxtiOn of Blocks 1203 and 1204, in the Town of La Porte, recorded in Volume 60, page 112, Harris County Lead Records, out Of the George B. McRinstry Suvey, A-47, and.the Johnson, Sumer Survey, A-35, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point 255.37 faet North of the Northerly. right-of-way of the formerly dedicated west Street; THENCE South 020 56139" East along the Westerly right- of-way 'of Powell Road (60 .feet wide) , including that pardon of the formerly dedicated West 0 Street lying within, a distance of 300.00 feet to a 5/8 inch iron rod set for corner; TH wcz South 86° 59' 35" West, to the Southern Pacific izAi•lroad r.laht-of-way including that portion of formerly dedicated 17th Street lying within, a distance of 917.23 feet to a 5/8 iron rod set for corner; TKEDICE North 030 031 22" West, along the eastern houndary of the southern Pacific Railroad right-of-way, a distance of 300.00 feet to a 5/8 inch iron rod found for corner; THENCE Woxth 860 59' 3311 East, a distance of 917.84 feet to the Point of Beginning. -2_, THENCE easterly to the northeast agrner• 01 the McKinsfiry SuX-7ey; THENCE north 020 56' 39" a, distance of i24 'feet to a 5/5 inch rR; THENCE easterly 860 59' 25" 652.0 feet to the eastern hogndaxy of Powell Road (Save and except the 60- tootarea includeda the z:ight- of-way of said Powell Road); THENCE Northerly along the eastern hcundax of Powell Road right- of-way 385.0 feet to a 5/8" xP? TBMTCE tq8S"53' 3,9" 765.50 feet to a point m ked by a 5/8" XP; THENCE IN 020 56' 39" a distance of 740 •0 Q fe-et to the southern boundary of West "M" : Street to a. 5/8" ip; THENCE I� 860:^59' ' 35" along the southern boundary of West "M" stxee-t to a. 1" iR on the western botuzdary of SH 7.46. right-of-way. the Point of beginning, a distance of 823.28 -feet. METZS ANI3 BOUNDS D96CRIPTION s,aao AGiilE9 (217,a00 BOUARE TUT) deina.5,000 eorea 017,805 sgaara feet) nt land sit"tid in the William P, Harris OLirvey, Abbt-at 30, Narrii ca'unty, Texa,, 'end being out of that certain 135.2610 Rare tract of Sind conveyed to 5/C Mahau0ment Bx, LTD. by instrumant recorda4 undar rill Number D4890AS ktd Film Code 130-26-2084 of the Harris Coutitjr:O>?Eioial , Vt>bt-ic A*00rda of steal Property; said 8,000 ■area (217,800 Square feet) of ]-and being marl particularly daecribed by metes 'and: baun4s as fOIJOWa (all byarinaa era ref+rAnced'to the monu►uented south line o: said 235,2610 scr* tract, 4066 bein4- the north right-of-way lijss of NcCAb• Road, bayed an 89 toot iri•yrldth and racordad in Volume 872, Pape 346 and in VOluma'811, 1496 348 of the 8arrta county Dead Accords;; ComXZN4I1NO ab.a Texan Oepsrtment Of TrIAASPOrAtian 4"a4" concrete mo:tumeAt lallnd for t ha' Southeast corner of said 235.2619 ease• tract and being tho interbaction o6 the north right-at;-xay line of . said McCabe Xeosd with the went right -of -Hay lino Pt:Stxte Highway 1.46, varying in widthf THENCE S 86-04-24 R 865.b6 feet, tirith the South lime of SAU 235.2619 care - tract, to a 5/8 inrh iron rod .found for, -t,he latersecEion of the north right-of-way lint of sold Ma,,bd'Aaad wi"tih the weit-right-of-way limy of a peopoacd ekteneicn, o4 povell Roi4 (ls.h BCroet); balled on 60 teat in width, and being the PLACE OF bIGINNINO and the aoutheaat 40rAtC at the h+rgib des'oribed t.sat of Sand; THENCE a 06.05-24 N 466,47 feet, With the north right-of-VAy line vf- said McCabe Aq,*C to a S/8 inch iron rod found far t4a.• soathw*at Warner a! e&id 27$.261R Acre Exact and, being the southweat oorner ci th.ia tract and Alao being the southeast corner of an unrecorded 60-foot wida road m ookent; ?'HENCE N 10-04-16 w (called'N 10-01-47 W) 44J,47 •lest, With the wa.xt line of said 236,2619 nor• tract, acme beinng the *eat line of said unrecorded 60-toot uide road easement, to a 5/$ irioh iron :od with cap set 'or the northwest carnsr o: this Vrtct; ' THENCE N.Qp -05-24 8 521.50 feet to a 5/0 fnoh,iron-cod xith•cap ,at for the northwest •evrnex of thin 'tract and ]saint[• in'tha.vvst .right-of-iay line of said proposed extan,aion of Powell Rood; TUNCE 8 02-56-39 E 444,97 feet to the PLACE OE WI10ftxnv and csnrsining 3,000 acres (217,800 square feet) of land. The'seas otatad in ■crab ie anmpdtibla with the all'awabIa, p+_ecLaian of closure fat Chia burvey, The area Atatod fin. oquar*,. feet in a calculated value only. 111I 5/6 inch node with cans ' era mark*d "Terse La.,d 8r;rvsying", �4ltJgy� I>t'ffdR�L .1NlLt�19� . Raiis Pekar G. Niilma + •t'•.e 17�� *tea *oxastR*eistrteion1Noa1Land Surveyor 1742 i,1o6r{ +q,yl TORAa band SUrvoying, Inc. P.a, Aux a825 Pas:d*na, Texae 71608 (201) 487-82m Job Na, 381-001B March 27. 200C � 1 A ■ R � City of La Porte Special Conditional Use Permit #15-91000004 This permit is issued to: Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port Crossing B5, L.P. Owner or Agent 3330 S. Sam Houston Parkway E., Houston, Texas 77047 Address For Development of: Port Crossing Business Park: Approximately 300 acre mixed use development (formerly Texas Import Export). Development Name Legal Description: 300 acres of land out of the George B. McKinstry League, A 47, William Harris Survey, A-30, Johnson Hunter Survey, A-35, and more particularly described in the Development Agreement Zoning: PUD, Planned Unit Permit Conditions: This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: I. This Special Conditional Use Permit -(SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development Agreement) and the General Plan (Exhibit B of the Amended Development Agreement). 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP supersedes SCUP 906-006. 4. This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and are a part of the Amended Development Agreement. 5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106-217 of the City of La Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required. 6. The business park identification and entry features shall remain and be maintained as constructed unless approved by the City Council. 7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within any part of the 300 acre Port Crossing business park. Any gas station that provides any two (2) of the following: truck parking, more than one diesel dispenser for every ten (10) � 1 A ■ R � gasoline dispensers, or has a canopy over the dispensers with a clearance height that is greater than sixteen (16) feet in height shall also be deemed a truck stop. �. Within reserves E, Jl, and L fronting State Highway 146, warehouses are prohibited if the warehouse has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on more than two sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and unloading operations. Additionally, each building located thereon must have grade -level store -front entries with windows facing Highway 146. Where warehouses exceed 200,000 square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. Additionally in the event of truck -bay parking on the north or south side any allowed building screening for the length and height of a truck parked at such bay shall be required to screen one side of such truck. Screening may consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen such trucks. Any screening by landscaping shall be achieved within 24 months of planting. 10. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. To the extent there is a conflict between those laws and ordinances and this SCUP, the SCUP controls. 11. This SCUP is binding on all owners of property included in the Legal description and their successors and assigns. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development has been abandoned, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of LaPorte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary A,WAMN ■ SITE METES AND BOUNDS Being an approximate.293.8036 acre tx'act. in -the Town of LaPorte,, Texas recorded in o`011une Page ' ` ' ' , Harris County need Records, a -at of. the W, P. Harris Survey'A-30, the -George B. MciC.i.nstry Survey A 47, and the Johnson- hunter Svxvey A--35, Barris County, Texas, and .being =re particularly described by metes and bounds it's fo llowts BEGINNING at a'point at tha northeast corner of. formerly dedicated Bloch 1170 on the Southern boundary of "M" Street on the western right of way boundary -of SH 146 ma=ked. by a-1rImiB; THENCE southexly 5,75G.52 feet along -the western right-of-way houridary of SH 7.46 to the northern bounddary of McCabe Road, THENCE westerly along the northern right-of-way of McCabe Road 1, 400' to the western boundary of the -Union Pacific Railroad right-- of-way (Save and.except the•area of the existing Dowell. Road. and/or the proposed re -located Powell Road); THENCE' nerthexly 4,328.52 feet along the.•eastern botmdary 01 8he Union Pacific Railroad right-of-way to a point 326,66 feet 06 59' 35" west of the northeast Corner of the•Gaorge B. McRinstry Survey gave and except a 6.3192 acre tract, described as follows.' OUT 'BRACT . Being a 6.3192 acre tract of land out of a poxtiOn of Blocks 1203 and 1204, in the Town of La Porte, recorded in Volume 60, page 112, Harris County Lead Records, out Of the George B. McRinstry Suvey, A-47, and.the Johnson, Sumer Survey, A-35, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point 255.37 faet North of the Northerly. right-of-way of the formerly dedicated west Street; THENCE South 020 56139" East along the Westerly right- of-way 'of Powell Road (60 .feet wide) , including that pardon of the formerly dedicated West 0 Street lying within, a distance of 300.00 feet to a 5/8 inch iron rod set for corner; TH wcz South 86° 59' 35" West, to the Southern Pacific izAi•lroad r.laht-of-way including that portion of formerly dedicated 17th Street lying within, a distance of 917.23 feet to a 5/8 iron rod set for corner; TKEDICE North 030 031 22" West, along the eastern houndary of the southern Pacific Railroad right-of-way, a distance of 300.00 feet to a 5/8 inch iron rod found for corner; THENCE Woxth 860 59' 3311 East, a distance of 917.84 feet to the Point of Beginning. EXHIBIT -2_, THENCE easterly to the northeast agrner• o:e the McRinsfiry Sus-7ey; THENCE north 020 56' 39" a, distance of :20 'feet to a 5/5 inch rR; THENCE easterly 860 59' 25" 652.0 feet to the eastern hotindaxy of Powell Road (Save and except the 60- taotarea included' �n the z:ight- of-way of said Powell Road); THENCE Northerly along the eastern hcundax of Powell Road right- of-way 385.0 feet to a 5/8" YP? THENCE tq8S"53' 3,911 765.50 feet to a point m ked by a 5/8" T.P; THENCE IN 020 56' 39" a distance of 740 •0 Q fe-et to the southern boundary of West "M" : Street to a. 5/8" ip; THENCE N 860:^591 ' 35" along the southern boundary of West "M" stxee-t to a. 1" iR on the western botuzdary of SH 7.46. right-of-way. the point of beginning, a distance of 823.28 -feet. EXHIBIT METZS ANI3 AOVNDS D96CRIPTION s,aao AGiilE9 (217,a00 SOUARE TUT) deina.5,000 eorea 017,805 sgaara feet) nt land sit"tid in the William P, Harris Ourvey, Abbt-at 30, Narrii ca'unty, Texa,,'end being out of that certain 135.2610 Rare tract of Sind conveyed to 5/C Mahaomment 84, LTD. by instrumant recorda4 undar rill Number D4890AS ktd Film Code 130-26-2084 of the Harris Coutitjr:O>?Eioial , Vt>bt-ic A*00rda of steal Property; said 8,000 ■area (217,800 Square feet) of ]-and being mars particularly daecribed by metes 'and: baun4s as folJOWa (all byarinaa era referanced'Co the monu►uented south line o: said 235,2610 scr* tract, 4066 bein4. the north right-of-way lijss of NcCAb• Road, bayed an B9 legit iri•yrldth and racordad in Volume 872, Pape 346 and in VOluma'811, 1496 348 of the 8arrta county Dead Accords;; CoMxSN4I1NO ab.a Texan Oepsrtment Of TrIAASPOrAtian 4"a4" concrete mo:tumeAt found for t ha' southeast corner of said 235.2619 ease• tract and being tho interbaction o6 the north right-of�.xay line of . said McCabe Xeosd with the went right -of -Hay lino Pt:Stxte Highway 1.46, varying in widthf THENCE S 86-04-24 R 865.b6 feet, tirith the South lime of amid 235.2619 care -tract, to a 5/8 inrh iron rod .found for,.t,he latersecEion of the north right-of-way lint of sold Ma4,bd'Aaad wi"tih the weit-right-of-way limy of a peopoxcd ekteneicn, o4 Dowell Roi4 (ls.h 8treat); balled on 60 feet in width, and being the PLACE OF bIGINNINO and the aoutheaat IMOC of the hrrgib des'oribed t.sat of Sand; THENCE a 06.05-24 N 466,47 feet, With the north right-of-VAy line vf- said McCabe Aq,*C to a S/8 inch iron rod found far t4a.• soathw*at Warner a! e&id 27$.261R Acre Exact and, being the southwest oorner ct th.ia tract and Alao being the southadst corner of an unrecorded 60-foot wide road m ookent; THENCE N 10-04-16 w (callcd'N 10-01-47 W) 44J,47 •left, With the wa.xt line of said 236,2619 nor• tract, acme being the *eat line of said unrecorded 60-toot uide rood aUSement, to a 5/$ irioh iron :od with cap set 'or the northwest carnsr o: this tktct; ' THENCE N.Qp -05-24 8 521.50 feet to a 5/0 fnoh,iron-cod xith•cap ,at for the northeast •evrnex of thin 'tract and ]saint[• in'tha.vvst .right-of-iay line of said proposed extan,aion of Powell Rood; TUNCE 8 02-56-39 E 444+97 feet to the PLACE or WI10ftxnv and csnrsining 3,000 acres (217,800 square feet) of land. The'seas otatad in ■crab ie anmpdtibla with the al1'awabIa, p+_ecLaian of closure fat Chia bUrvey, The area Atatod fin. oquar*,. feet in a calculated value only. 1111 5/6 inch node with cans ' era mark*d "Terse La.,d 8urvsying", �4ltJgy� 1>E'ffdR+L .1NlLt�t9� . Raiis Pekar G. Niilma + •r'•.e 17�� *tea *oxastR*eistrteion1Noa1Land Surveyor 1742 i,1o6r{ +q,yl TORAa hand SUrvoying, Inc. P.a, Aux a825 Pas:d*na, Texae 71608 (201) A87,5966 Job Na, 381-001B March 27. 200C EXHIBIT METZS ANI3 AOVNDS D96CRIPTION s,aao AGiilE9 (217,a00 SOUARE TUT) deina.5,000 eorea 017,805 sgaara feet) nt land sit"tid in the William P, Harris Ourvey, Abbt-at 30, Narrii ca'unty, Texa,,'end being out of that certain 135.2610 Rare tract of Sind conveyed to 5/C Mahaomment 84, LTD. by instrumant recorda4 undar rill Number D4890AS ktd Film Code 130-26-2084 of the Harris Coutitjr:O>?Eioial , Vt>bt-ic A*00rda of steal Property; said 8,000 ■area (217,800 Square feet) of ]-and being mars particularly daecribed by metes 'and: baun4s as folJOWa (all byarinaa era referanced'Co the monu►uented south line o: said 235,2610 scr* tract, 4066 bein4. the north right-of-way lijss of NcCAb• Road, bayed an B9 legit iri•yrldth and racordad in Volume 872, Pape 346 and in VOluma'811, 1496 348 of the 8arrta county Dead Accords;; CoMxSN4I1NO ab.a Texan Oepsrtment Of TrIAASPOrAtian 4"a4" concrete mo:tumeAt found for t ha' southeast corner of said 235.2619 ease• tract and being tho interbaction o6 the north right-of�.xay line of . said McCabe Xeosd with the went right -of -Hay lino Pt:Stxte Highway 1.46, varying in widthf THENCE S 86-04-24 R 865.b6 feet, tirith the South lime of amid 235.2619 care -tract, to a 5/8 inrh iron rod .found for,.t,he latersecEion of the north right-of-way lint of sold Ma4,bd'Aaad wi"tih the weit-right-of-way limy of a peopoxcd ekteneicn, o4 Dowell Roi4 (ls.h 8treat); balled on 60 feet in width, and being the PLACE OF bIGINNINO and the aoutheaat IMOC of the hrrgib des'oribed t.sat of Sand; THENCE a 06.05-24 N 466,47 feet, With the north right-of-VAy line vf- said McCabe Aq,*C to a S/8 inch iron rod found far t4a.• soathw*at Warner a! e&id 27$.261R Acre Exact and, being the southwest oorner ct th.ia tract and Alao being the southadst corner of an unrecorded 60-foot wide road m ookent; THENCE N 10-04-16 w (callcd'N 10-01-47 W) 44J,47 •left, With the wa.xt line of said 236,2619 nor• tract, acme being the *eat line of said unrecorded 60-toot uide rood aUSement, to a 5/$ irioh iron :od with cap set 'or the northwest carnsr o: this tktct; ' THENCE N.Qp -05-24 8 521.50 feet to a 5/0 fnoh,iron-cod xith•cap ,at for the northeast •evrnex of thin 'tract and ]saint[• in'tha.vvst .right-of-iay line of said proposed extan,aion of Powell Rood; TUNCE 8 02-56-39 E 444+97 feet to the PLACE or WI10ftxnv and csnrsining 3,000 acres (217,800 square feet) of land. The'seas otatad in ■crab ie anmpdtibla with the al1'awabIa, p+_ecLaian of closure fat Chia bUrvey, The area Atatod fin. oquar*,. feet in a calculated value only. 1111 5/6 inch node with cans ' era mark*d "Terse La.,d 8urvsying", �4ltJgy� 1>E'ffdR+L .1NlLt�t9� . Raiis Pekar G. Niilma + •r'•.e 17�� *tea *oxastR*eistrteion1Noa1Land Surveyor 1742 i,1o6r{ +q,yl TORAa hand SUrvoying, Inc. P.a, Aux a825 Pas:d*na, Texae 71608 (201) A87,5966 Job Na, 381-001B March 27. 200C WESeU. STREET J - - ' :a oNZw o =iw II Sq� IQ N 8fi54'30" E 7853 >a ¢'a 9 I � I I �n �m N 88'54'W E N 8854'04' E 851.80' m I ]]fi.fiJ'El ! w 3 n u ..�6. � 'R 'mom o�g 5 6 xo so ws� 5 885]'38' w 918.19' ;m x EXPORT DRIVE ea n.rv. 0:.c x.x 'n � 6,c xa. soa]oo. x.crl.Rl S$ "Colo zQ ¢¢U w ti '-Os4 �a UJ Q'Q oa',��� W WCL wzo° I N-52'3B" E 917.69' I I I p Nu •N �� H€ ^la E w I i >m5 rcr w Wf2 w�� uy ws 5 d of s� ¢. �I w.seo - I I o� I mU w 6q I 1 I I ¢ _<r_c_oc oo'. mHHQRTON WEEI rv'. 6.c. xo. Q Iwe;� a .LLm $ Wm—x — w -2 I I I I ¢fm� I I i 8 > I�$ wmrtl I I w� ws 5 I I I QoE R+mz I N m�� w m K L r M I I I � Q R� x xRl I 9 88tl1'43' w t392.08' I IAcCAfiBeEOROAD me tl I xcxx, I a S BLVp J I I L S � G rn9 I w I � I r ry / S i Exhibit C Land Use Exceptions' In reserves where the General Plan indicates "GC" uses, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under GC (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use Residential Uses In reserves where the General Plan indicates "BP' uses, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under BI (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Off Premises Signs In reserves where the General Plan indicates "LP' uses, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under LI (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) ` Attached to and incorporated into this exhibit is the use chart for the City of La Porte Zoning Ordinance as of September 11, 2006. To the extent that the zoning ordinance for the City of La Porte has been or is amended, after the date Special Conditional Use Permit 4SCU06-006 was first adopted, to modify, eliminate or replace the permitted uses or the districts described in this exhibit, this exhibit controls unaffected by any change. Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) In Reserve "A4" labeled "Rail Yard" on the General Plan, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under LI (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning Ordinance associated with rail services such as: A rail yard with a maximum of 22 rail lines is permitted. Rail service to and distribution from warehouses proposed; Rail service to light manufacturing not otherwise exempted herein. 79 LA PORTE CODE Sec. 10 79. Special regulations and procedures. Refer to a - les IV, V, VI and VII of this chapter. Secs. 106-480---106'.)(95. Reserved. SubdNsion 1-V GC General Commercial Sec. 106-496. Purpose. The purpose of the GC general com rc service outlets which deal directly with furnished. The uses allowed in this district market scale and located in areas which are ms to provide for Iow intensity, retail or er for whom the foods or services are provide goods and services on a community grved by collector or arterial street facilities. Sec. 106-497. Permitted, access o , and special c ditional uses. Refer to Table A, commercial se. section 106-441. Sec. 106-498. Density/i ensity regulations. Refer to Table B, mercial area requirements, section 106-443. Sec. 106-499. peciai regulations and procedures. Refer t articles IV, V, VI and VII of this chapter. 106-500-106-520. Reserved. DIVISION 4. INDUSTRIAL DISTRICT REGULATIONS Subdivision L Generally Sec. 106-521. Table A, industrial uses. (a) Table A, industrial uses. P (ABC) — Permitted uses (subject to designated criteria established in section 106-523). P --- Permitted uses. A — Accessory uses (subject to requirements of section 106-741). C — Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-523). Supp. No. 2 CD106:64 ZONING * — Not allowed. Uses (SIC Code #) All uses permitted or accessory in the GC zone, except residential All uses conditional in the GC zone, except residential Nownanufacturing Industries: Adult oriented business Air transportation (451-458) General contractors, heavy construction (161, 162, 1541) Highway transportation terminal and ser- vice facilities (417) Motor freight transportation and warehous- ing (421, 423) Farm product warehousing and storage (4221) Public warehousing (4222-4226) Railroad transportation (401) Shipping container, or fabricated plate work (3443) Storage inside Storage outside (refer to Section 106- 444(b)) Wholesale trade: Durable goods —light (502, 504, 507, 5082, 5087, 5094) Durable goods --medium (501) Durable goods —heavy (503, 5051, 5082- 5085, 5088) Durable goods --heavy (5052, 5093) Wholesale trade: Nondurable goods —light (511-514, 518) § 106-521 Zones BI LI HI P P P C C C �z P(G) P P P P P P P P P P P * P P P P P i P P(ACDE) P(ACDE) P ;J' P(ACDE) P P P P P P C P * 1= P P P P Supp. No. 4 CD106:65 § 106-521 Uses (SIC Code #) LA PORTE CODE Nondurable goods —medium (5172, 5191- 5199) Nondurable goods —heavy (515, 516, 5171) Manufacturing Industries: Chemicals and allied products (282----285) Electrical and electronic equipment and supplies Light (361-365, 367) Medium (361, 366, 369) Fabricated metal products and machinery Light (341-345, 358, 3592) Medium (3493, 3498, 351-353, 356) Heavy (346, 347, 354, 355, 357) Heavy (348) Food and kindred products Light (202, 205, 2065-2067) Medium (2086, 2087, 2092-2099) Heavy (201, 203, 204, 2062, 2063, 207, 2082--2085) Leather and leather products (311-319) Welding shops (7692) Lumber products, furniture and fixtures Light (251-259) Medium (243-245) Heavy (249) Measuring, analyzing and controlling in- struments (381-387) Miscellaneous manufacturing (391-396) Machine shops (3599) Miscellaneous manufacturing industries (3991-3995) Off -premises freestanding signs Zones BI LI III C P P * * P P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P * P(ACDE) P it P P(ACDE) P(ACDE) P C P(ACDE) P C P C P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P C P(ACDE) P .J. C P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P * P(ACDE) P See article VIl of this chapter Supp. No. 4 CD106:66 ZONING § 106-521 Uses (SIC Code #) Zones BI LI HI On -premises freestanding signs See article VII of this chapter Paper and allied products (265-267) 4` * P Printing and publishing (271-279) P(ACDE) P(ACDE) P Rubber and miscellaneous plastics (301, 302, 304, 306, 307) * C P Stone, clay, glass and concrete (321-325, 3261, 327-329) * C P Tank truck cleaning "` * P Textile mill, and finished products Light (224, 225, 231-239) P(ACDE) P(ACDE) P Medium (222, 223, 226, 229) * P(ACDE) P Tobacco manufacturers (211-214) * P(ACDE) P Loading berths at the front or sides of buildings adjacent to R.O.W. C C C Industrial PUD (refer to section 106-636) C C C Facilities in excess of height restrictions imposed in section 106-522 * * C Unlisted uses, similar to uses listed above C C C (b) Interpretation and enforcement. Property uses, except as provided for by section 106-521(a), Table A, are prohibited and constitute a violation of this chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. Supp. No. 4 CD106:67 § 106-521 LA PORTE CODE B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Cycles per Second 20 to 75 75 to 150 150 to 300 300 to 600 600 to 1,200 1,200 to 2,400 2,400 to 4,800 Above 4,800 Impact noise Maximum Sound Levels — Decibels H Residential Lot Line District Boundary 78 63 74 59 68 55 61 51 55 45 49 38 43 31 41 25 80 55 Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the planning and zoning commission Supp. No, 4 CD 106:68 ZONING § 106-522 and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. (Ord. No. 1501U, § Mart. B), 9-23-96; Ord. No. 1501-AA, § 6, 3-23-98; Ord. No. 1501-BB, § 5, 9-15-98; Ord. No. 1501-II, § 5, 3-27-00) Cross reference —Sexually oriented businesses, § 90-31 et seq. ec. 106-522. Table B, industrial area requirements. Table B, industrial area requirements. , Uses BI business -industrial park; all permitted or conditional Ll light industrial district; all permitted or conditional HI heavy industrial district; all permitted or conditional Loading docks Outside storage Shipping containers On- and off -premises free- standing signs Freestanding on -premises signs located in controlled ac- cess highway corridors (b) Footnotes. Adjacent to Residential Minimum Minimum Yard Yard Minimum Maximum Setbacks Setback Landscaping Lot F.R.S. F.R.S. Maximum .Requirements Coaetage 1, a, a 2, G Height (percent) (percent) (feet) (feet) (feet) 6 50 50-40-30 50- -30 45 6 70 20-10-10 30-50-50 45 6 30 50-50-3 100-150-150 456 N/A N/A 130 30-130 Same as N/A principal use plus 130 ft. N/A 20-10-5 Same as Section 106- principal 444(b) use 6 N/A 50-50-30 100-150-150 367•8 See antic VII of this chapter See article VTNf this chapter 1. A minimum Ian cape setback of 20 feet will be required a 'acent to all designated conservation/obuildings, reas. Buildings, parking areas, loading docks, outside storage, and I on mers will not be allowed in such setback areas. T se areas are to be d with trees, shrubs, and ground cover, with a planting p n required to be ed and approved by the enforcement officer. Required lands ping must be ned by the property owner and/or occupant. ings, parking areas, loading docks, outside storage, or refuse cunt 'Hers will ed in such setback areas. These areas are to be landscaped with trees, hrubs nd cover, with a planting plan required to be submitted and approved b the ent officer. Supp. No. 4 CD106:69 EXHIBIT D DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS PORT CROSSING H-\\ssdcl\home$\rplank\LaPorte Property\City of LaPorte\Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC TABLE OF CONTENTS Article Pale Number 1. PERMITTED AND PROHIBITED USES........................................................................... 2 2. ARCHITECTURAL CONTROL.......................................................................................... 2 3. CONSTRUCTION -RELATED RESTRICTIONS................................................................ 4 4. MAINTENANCE OF PROPERTY...................................................................................... 8 5. INSURANCE, INDEMNITY AND CASUALTY LOSS ...................................................... 8 6. ENVIRONMENTAL REMEDIATION.............................................................................. 10 7. ENFORCEMENT............................................................................................................... 10 8. COVENANT FOR MAINTENANCE ASSESSMENTS................................................... 11 9. PROPERTY OWNERS' ASSOCIATION........................................................................... 14 10. SEVERABILITY................................................................................................................ 14 11. ADDITIONAL RESTRICTIONS....................................................................................... 15 12. TERM................................................................................................................................. 15 13. AMENDMENTS................................................................................................................ 15 14. MISCELLANEOUS........................................................................................................... 16 H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC - 1 - DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT, PORT CROSSING LAND, LP, a Texas limited partnership (hereinafter called the "Developer"), being the owner of certain tracts of land containing a total of approximately 231 acres in Harris County, Texas, being more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (said tracts of land being hereinafter referred to as the "Port Crossing" or "Subject Property") and any portion thereof platted as a separate tract or conveyed to third parties or developed by Developer or an affiliated entity being hereinafter referred to as a "Tract", for the purpose of adopting a uniform plan for the benefit of the present and future owners of any portion of the Port Crossing, does hereby adopt and establish restrictions, covenants and easements as hereinafter provided for the Subject Property. Powell Road Logistics, L.P., a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability limited partnership and FLPCW, LP, a Texas limited partnership, the owners (collectively, the "Other Owners") of certain tracts of land also containing a total of approximately 63 acres, Harris County, Texas, being more particularly described in Exhibit B attached hereto and made a part hereof for all purposes (said tracts of land also comprising part of the "Port Crossing" or "Subject Property') are joining in this "Declaration" (hereafter defined) for the purpose of adopting and establishing the restrictions, covenants, and easements as hereinafter provided for the portion of the Subject Property owned by the Other Owners. Port Crossing, when platted and following the realignment of certain roads, will comprise approximately 300 acres. Developer contemplates developing Port Crossing in a manner which will include public streets, a water distribution system, a sanitary sewer system, and drainage/detention facilities within the Subject Property and Developer reserves the right to create such public streets and utility -related facilities. Any portions of the Subject Property reserved or restricted or conveyed to the "Association" (hereafter defined) for private streets, utility facilities, and landscaping shall not be subject to "Assessment" (hereafter defined). Additionally, any portion of the Subject Property dedicated for utility facilities (excluding, however, any portion of a Tract) or conveyed to governmental authorities shall not be subject to the restrictions contained in this Declaration, except for the prohibited uses described in Article 1. Developer, for itself, and its successors and assigns, and the Other Owners (as to the portion of the Subject Property owned by each of the Other Owners, respectively) hereby declare that the Port Crossing and each part thereof shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, equitable servitude and other provisions set forth in this Declaration Of Protective Covenants And Easements ("Declaration"). The Tracts and Private Facilities within the Subject Property shall be subject to the jurisdiction of the "Association" (hereafter defined). The covenants, conditions, restrictions, limitations, reservations, easements and equitable servitudes shall run with, inure to the benefit of, and shall be binding upon, all of the Subject Property, and each Tract and any common area therein, and shall be binding upon and inure to the benefit of (a) the Developer, its successors and assigns, (b) the Association and its successors and assigns, and (c) all persons or entities (the "Owner(s)") having or hereafter acquiring any right, title, or interest in or to any portion of the Subject Property and their heirs, legal representatives, successors and assigns, other than for security purposes. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 1. PERMITTED AND PROHIBITED USES No Tract or portion of the Subject Property shall be used for any purposes, except for office, research and/or development, retail (subject to the further limitations herein contained), commercial, commercial processing, servicing, light industrial, manufacturing, retail sales of industrial products by manufacturers thereof or by manufacturer's representatives, warehousing or distribution purposes and services ancillary to such uses, or any combination of such uses, and heavy industrial if approved by Developer in writing. No use shall be permitted which (1) is offensive by reason of odor, fumes, dust, smoke, noise, vibrations, radiation, radio interference or pollution, (2) is hazardous by reason of excessive danger of fire or explosion, (3) otherwise constitutes a nuisance, (4) is dangerous or unsafe, (5) would injure the reputation of the Subject Property, or (6) is in violation of any city, county, state or federal law, regulation or ordinance. The following uses shall not be permitted in or on any portion of the Subject Property: (1) any distilling, refining, smelting, meat, poultry or fish processing plant, agricultural or mining operation; (2) any mobile home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); (3) junk yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking yard, salvage yard, asphalt plant, any storage, dumping, disposal, incineration or reduction of hazardous waste, garbage or refuse, bus station, any fire or bankruptcy sale or auction house operation, or as an airport. (4) any mortuary or funeral home; (5) school, church or governmental office (other than a research or development or business office that does not have customers); (6) any drilling, refining, quarrying or mining operations of any kind, (7) any establishment whose primary business is the sale or rental or display of sexual materials or drug related paraphernalia or whose primary business is providing any adult only or sexually oriented service or product including, but not limited to, massage parlors, topless establishments, any "adult" bookstore or "adult" movie theater; (8) any flea market, bowling alley, nightclub, bar, lounge, tavern, theater, amusement park or video arcade; provided, however, that this prohibition shall not prohibit placement of video machines that are incidental to the conduct of a permitted business at the Subject Property; and (9) any gaming facility or operation including, but not limited to, off- track or sports betting parlor, table games such as blackjack, poker, slot machines, video poker, blackjack, keno machines or similar devices or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to any government -sponsored gaming activities or charitable gaming activities so long as such governmental or charitable activities are incidental to the business being conducted by the occupant of that portion of the Subject Property and do not occur regularly. The use of any portion of the Subject Property by any Owner shall be subject to all laws, regulations, codes and ordinances of all applicable governing authorities, including, without limitation, any zoning ordinances. In the event of any conflict between the terms of this Declaration and the terms of any such law, code, regulation or ordinance, then the provisions of this Declaration or any law, code, regulation or ordinance which is stricter shall govern. 2. ARCHITECTURAL CONTROL A. Plan for Development. The plan for the development of the Subject Property contemplates the centralization of architectural control to enhance, insure and protect the attractiveness, beauty and desirability of the Subject Property as a whole. It is accordingly covenanted and agreed that (i) no building, structure or any appurtenances thereto of every type or kind, including, without limitation, patios, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes, drives, driveways, parking areas, fences, roofs, screening, walls, retaining walls, stairs, decks, fixtures, poles, exterior tanks, solar energy equipment, exterior air conditioning fixtures and equipment, exterior lighting, radio, conventional or cable or television antenna or dish, microwave television antenna and/or landscaping (collectively herein referred to as the "Improvements") shall be commenced, erected, constructed, placed, or maintained upon any portion of H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 2 the Subject Property and/or (ii) any exterior modification, renovation, expansion, restoration or repair (if different from the original exterior construction) change or alteration be made to any Improvement shall be commenced, erected, constructed, placed, or maintained upon any portion of the Subject Property until in the case of (i) or (ii), above, the plans and specifications therefor ("Plans") showing the nature, color, kind, shape, height, materials and location of the same (including site landscaping, drainage and grading plans and utility layout) have been submitted to and approved in writing as to harmony and external design and location and relationship to surrounding structures and topography by Developer until the "Transfer Date" (hereafter defined) and thereafter by the "Board" (hereafter defined). The drainage plans shall cause the Subject Property to be drained in a manner so that no standing water remains for any extended period of time following any precipitation and the Subject Property does not become a breeding ground for mosquitoes. All references in this Article 2 and in Article 3 hereafter made to the Board shall refer to the Developer prior to the Transfer Date and thereafter to the Board. In the event that the Board fails or refuses to approve or disapprove such design or location within thirty (30) days after the Plans have been submitted to it, it will be deemed that the Board has approved such Plans. In the event of damage or destruction of any Improvement, approval shall be granted by the Board for the restoration of Improvements if the Improvement is to be restored in substantial accordance with the original approved Plans. If the Improvements will not be restored in accordance with the original approved Plans, then the Plans for such restoration shall be subject to approval in the same manner as the original Improvements to the Tract. All decisions of the Board shall be final, conclusive and binding and there shall be no review of any action of the Board. B. No Representation or Warranty; Limitation of Liability. No approval of Plans shall ever be construed as representing or implying that such Plans will, if followed, result in a properly constructed structure complying with all applicable legal requirements or built in a good and workmanlike manner or be deemed approval of the Improvement from the standpoint of safety, whether structural or otherwise. Neither the Developer, the Association, nor any members of the Board shall be liable in damages to anyone submitting Plans for approval, or to any Owner or occupant of any part of the Subject Property affected by this Declaration, by reason of or in connection with the approval or disapproval or failure to approve any Plans submitted. Every person who submits Plans for approval agrees, by submission of such Plans, and every Owner or occupant of any portion of the Subject Property involved herein agrees, by acquiring title thereto or any interest therein, that such person will not bring any action or suit against the Developer, the Association, or any of the members of the Board to recover any such damages. C. Inspection of Improvements. The Board or its duly authorized representative, as well as the City of LaPorte ("City'), shall have the right, but not the obligation, to inspect any Improvements to a Tract prior to or after completion of any Improvements. D. Notice of Completion. Promptly upon completion of any Improvements, Owner shall deliver a notice of completion ("Notice of Completion") to the Board and the City and, for all purposes hereunder, the date of receipt of such Notice of Completion by the Board shall be deemed to be the date of completion of such Improvements, provided that the Improvements are, in fact, completed as of the date of receipt of the Notice of Completion. E. Notice of Non -Compliance. If, as a result of inspections or otherwise, the Board and/or the City finds that any Improvement has been constructed or undertaken without obtaining the approval of the Board and/or the City, or has been completed other than in substantial conformity with the Plans furnished by the Owner to and approved by the Board and/or the City, as applicable, or has not been completed within a reasonable period of time (as agreed upon by the Board and/or the City, or, if no agreement, as determined by the Board and/or the City, in its sole good faith discretion) after the date of approval by the Board and/or the City (as determined by the Board and/or the City), subject to delays due to "Force Majeure" (hereafter defined) causes, the Board and/or the City shall notify the Owner and the City or the Board, as applicable, in writing of the noncompliance, which notice (the "Notice of Noncompliance") shall be given, in any event, within sixty (60) days after the Board and the City receive a Notice of Completion from the Owner. The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be reasonably necessary to remedy the noncompliance. The Notice of Noncompliance may be filed in the public records and the cost of preparing and filing the same and the release thereof shall be paid by such Owner. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 3 F. No Waiver or Estoppel. No action or failure to act by the Board shall constitute a waiver or estoppel with respect to future action by the Board. G. Variances. The Board may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures within set -back lines established by this Declaration, on a plat (or plats) of the Subject Property, parking requirements, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when such variance would result in a more common beneficial and/or efficient use and not detract from the overall development plan for the Subject Property as determined by the Board. Such variances must be evidenced in writing and shall become effective when signed by a majority of the members of the Board. The granting of a variance in one instance shall not require the Board to grant a similar variance for another portion of the Subject Property. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; PROVIDED, HOWEVER, THAT THE GRANTING OF AVARIANCE SHALL NOT OPERATE TO WAIVE ANY OF THE PROVISIONS OF THIS DECLARATION FOR ANY PURPOSE EXCEPT AS TO THE PARTICULAR TRACT AND PARTICULAR PROVISION HEREOF COVERED BY THE VARIANCE, NOR SHALL THE GRANTING OF A VARIANCE AFFECT IN ANY WAY THE OWNER'S OBLIGATION TO COMPLY WITH ALL GOVERNMENTAL LAWS AND REGULATIONS AFFECTING THE PROPERTY CONCERNED, INCLUDING, BUT NOT LIMITED TO ZONING ORDINANCES OR REQUIREMENTS IMPOSED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION. THE OWNERS ACKOWLEDGE THAT ONLY THE CITY SHALL BE AUTHORIZED TO GRANT VARIANCES AND SPECIAL EXCEPTIONS TO THE CITY ZONING ORDINANCE AND GOVERNMENTAL LAND USE RESTRICTIONS THROUGH THE ZONING BOARD OF ADJUSTMENT. THE BOARD AGREES TO INFORM THE CITY IN WRITING ("VARIANCE NOTICE") PRIOR TO THE GRANTING OF ANY VARIANCE REQUEST OF THE ISSUE UNDER CONSIDERATION AND THE PROPOSED ACTION BY THE BOARD SO THAT THE CITY CAN VERIFY THAT THE PROPOSED VARIANCE, IF GRANTED, WOULD NOT VIOLATE ANY ZONING ORDINANCES, LAND RESTRICTIONS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THAT CERTAIN DEVELOPMENTAGREEMENT DATED ON OR ABOUT THE DATE HEREOF BETWEEN DEVELOPER AND THE CITY, AND JOINED IN BY THE OTHER OWNERS. If the City objects to the granting of the variance, the City shall notify the Board (through its representative designated in the Variance Notice) within ten (10) business days following the City's receipt of the Variance Notice. If the City fails or refuses to approve or disapprove the variance request within such ten (10) day period, the City will be deemed to approve such variance request. K� CONSTRUCTION -RELATED RESTRICTIONS A. Exterior Materials. Each of the Improvements to be located on any portion of the Subject Property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished (in a manner approved in writing by the Board in their discretion) concrete and/or glass, or of an equivalent, permanent, architecturally -finished material to finished grade. All exterior finishes shall be approved by the Board. No Improvement shall be covered with aluminum, iron, steel or other metal surface or finish unless previously approved in writing by the Board. Sidewalks of a design and location approved by the Board shall be constructed along one side of the right-of-way of all dedicated public streets (except State Highway 146) abutting any property line. Any concrete block exterior surfaces shall be painted. All exterior tilt -up concrete walls must be painted unless constructed with decorative aggregate exterior designs. B. Building Set Backs. No building or structure or other facility of any nature shall be constructed or erected on a Tract between the adjoining street or roadway right-of-way line or adjoining side or rear property lines and the "Set Back Lines" (defined below) which shall run parallel to the Property as follows: H-Final Version of Declaration of Protective Covenants and Ease me nts(620880_4).DOC (1) For all buildings or other structures which are located along State Highway 146, the "Set Back Lines" along such streets and roadways shall be a minimum of fifty feet (50'); (2) For all buildings or other structures fronting any street or roadway, other than State Highway 146, the "Set Back Lines" along such streets or roadways shall be a minimum of twenty-five feet (25') or in accordance with the approved Final Plat of Port Crossing. (3) For all buildings or other structures, the "Set Back Lines" along any side or rear property line not adjoining a street or roadway shall be a minimum of ten feet (10'); and (4) The "Set Back Lines" for paving for parking areas which front State Hwy. 146 or any other streets or roadways within the Subject Property shall be determined by the Board, However, in no event shall any paving for parking be closer than ten feet (10) to any side or rear property line not adjoining a street or roadway. For purposes of this Declaration, all Set Back Lines shall be measured from (a) the right-of-way line of the street or roadway adjoining the Tract as such right-of-way line exists at the time that the construction of the improvements on the Tract is commenced, or (b) the adjoining side or rear property line, as applicable. C. Parking. Each Owner or lessee shall at all times devote a sufficient portion of its Tract to providing paved off-street parking facilities adequate for the use(s) to which its Tract is put and otherwise sufficient to comply with any applicable law, rule, regulation or ordinance, but not less than the following: Use Number of Spaces Office 4 minimum, plus 3 spaces per 1000 square feet of net usable area Retail Commercial Services, Manufacturing or Limited Warehousing and Distribution 4 minimum, plus 4 spaces per 1000 square feet of net usable area 3 spaces per 1000 square feet of office area and one space per 1500 square feet of non -office area, but not less than one space per 1.5 non - office employees Parking will not be permitted on any street or at any place other than the paved parking spaces provided therefore. Each Owner and lessee shall be responsible for compliance with this Paragraph C by constructing or exhibiting paved parking areas on such Owner's Tract, provided that paved parking areas shall cover not more than eighty-five percent (85%) of the area between a building and a dedicated or private street. The Board reserves the right during its review of construction plans to relax minimum parking requirements, subject to compliance with all City of La Porte regulations and ordinances, on the Tracts where necessary or desirable to accomplish more effective and compatible land utilization. D. Signs. All signs shall be in locations and of a design and material approved in writing in advance by the Board. No more than two (2) free standing ground or berm mounted permanent signs shall be permitted for each Tract, unless a Tract has frontage on two or more streets, in which case no more than three (3) free standing ground or berm mounted permanent signs shall be permitted for such Tract. Unless otherwise approved in writing by the Board, all other signs must be attached to a building and shall be parallel to and contiguous with its wall and not project above its roof line. No neon sign or sign of a flashing or moving character shall be installed and no sign shall be painted on a building wall. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 5 Directional and traffic control signs, and signs advertising the sale or lease of a Tract are also permitted upon the written approval of the design and location by the Board. In the event a building has multiple tenants, all tenants may be shown on one of the permitted signs, at the discretion of the owner of the Tract. The Board shall have the right, and hereby reserves an easement, to enter upon any and all portions of the Property to remove any signs that are in violation of this Article 3 upon reasonable notice to the Owner or lessee of such portion of the Property, all at the expense of such Owner or lessee. The Board may promulgate sign guidelines (which shall include guidelines for pylon signs, monuments and flagpoles) which may be modified by the Board from time to time in its sole good faith discretion. Notwithstanding the Board's approval of any signs, all signs also shall comply with the City's zoning ordinance and be permitted by the City. E. Harmful Substances. No affluent containing harmful bacteria, poisonous acids, oils or other harmful substance shall be permitted to drain or drift beyond the property lines of any Tract. F. Loading/Unloading. Delivery vehicle loading and unloading shall occur on -site only and street delivery vehicle loading and unloading is not permitted. Loading/unloading facilities shall be separated from employee, customer and visitor circulation and parking areas. Loading docks will not be permitted to face any public street or right-of-way, unless otherwise approved by the Board, and provision must be made for handling all freight on those sides of a building which do not face a street; provided, however, that in any instance in which a building would face streets on all of its sides, a loading dock or docks will be permitted on the two sides of such building which are, respectively, farthest from frontage streets unless the Developer shall in writing permit a loading dock on another side of such building. All loading docks must be screened from public view in a manner approved in writing by Developer prior to construction or alteration of any building. G. Outside Storage or Operations; Screening. No outside storage of any kind shall be permitted except as expressly provided herein, or as otherwise approved in writing by the Board. Retail sales equipment may be displayed outside in a manner which is architecturally compatible with the other Improvements on the Tract, with the approval of the Board. Watertowers, cooling towers, communication towers, fans, exterior processing equipment, storage tanks, roof -top equipment, ground -mounted equipment, and any other similar structures or equipment shall be architecturally compatible with the other Improvements on the Tract, or effectively shielded from view from a dedicated or private street in a manner approved in writing by the Board prior to construction. All screening devices shall be subject to compliance with all laws, regulations, codes and ordinances of all applicable governmental authorities. The right of a purchaser, grantee, Owner or lessee to use any building or buildings shall not be construed to permit the keeping of articles, goods, materials, incinerators, storage tanks, boats, trailers, campers, horse trailers, buses, inoperative vehicles of any kind, boat rigging or other vehicles or associated equipment of a recreational or commercial nature, refuse containers or like equipment in the open or exposed to public view, or view from adjacent buildings. If it shall become necessary to store or keep such materials or equipment in the open, they shall be screened from view in a manner approved in writing by Developer. Adequate screening must also be provided to shield such stored materials and equipment from view from the ground floor level of all adjacent buildings. Under no circumstances shall any materials or equipment be stored within the applicable Set Back Line for any street. H. Utility and Drainage Easements. Developer reserves the right, without the necessity of joinder of any Owner or other person or entity (and each and every Owner or lessee, by its acceptance of a deed or ground lease covering any portion of the Subject Property, hereby grants to Developer the right), to grant, dedicate, reserve or otherwise create, from time to time, easements ("Utility Easements") for public utility purposes in, on, over, through and across any portion of the Subject Property lying within twenty-five feet (25') of any street (dedicated or private) and within ten feet (10') of any side or rear property line, said easements to be for the purpose of laying, constructing, installing, maintaining, operating, inspecting, repairing, altering, substituting, replacing and removing any and all lines, cables, pipes, conduits, wires, poles, equipment and other necessary or desirable appurtenances for providing utilities (including, without limitation, electric, water, gas, telephone, sanitary sewer, drainage utilities and cable and other communications facilities) to the Subject Property; such easements to be for the use and H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 6 benefit of Developer, and any utility or cable company to whom Developer conveys or grants an easement for the purpose of providing utilities and related services to the Subject Property and the Owner of any portion of the Subject Property, their heirs, legal representatives, successors and assigns. If applicable, Owners shall have the right to use the drainage easement and to tie into any such utility lines located on such Owner's respective Tract upon payment of any tie-in charge imposed by the utility company, or by any party providing such utility service. No structure shall be erected on any of said easements, and no Improvements may be placed within said easements without the prior written approval of the Board and any utility company using such easements. Easements may be crossed by driveways and walkways provided the Owner secures the necessary prior approval of the effected utility companies furnishing services, and provides and installs any special conduit and other equipment of approved (by the utility companies) type and size, under such driveways and walkways prior to construction thereof. Title to any Tract conveyed by Developer by deed or other conveyance or ground lease shall not be held or construed in any event to include the title to the easement estates in favor of third parties affecting the Tract or any improvements within such easements or appurtenances thereto, constructed by or under Developer, the Association, third parties or their respective agents through, along, or upon any portion of the Subject Property, and the right to maintain, repair, sell, lease or replace such facilities or the appurtenances thereto (but not the Tract) to any municipality or other governmental agency or to any public service corporation or to any other party, is expressly reserved in Developer and the Association. An easement is hereby granted to utility companies and other entities supplying service (and agents and contractors thereof) for reasonable ingress and egress in connection with installing, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, telephones, cable service, electricity, gas and appurtenances thereto, on, above, across and under the Subject Property within the utility easements from time to time existing to and from service lines situated within such easements to the point of service on or in any structure situated on the Tracts. Further, an easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal service vehicles and other service vehicles, and to the operators thereof, to enter upon the Subject Property in performance of their duties. Neither Developer nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or contractors to shrubbery, trees, flowers or other improvements (except damage to the aforementioned special conduit and other equipment, if any) located on the land covered by said easements, except to the extent of their respective gross negligence or willful misconduct. I. Temporary Structures. No tent, shack, temporary building or structure, other than construction offices and structures for related purposes during the construction period, shall be installed or maintained on any Tract without the prior written approval of the Board. All temporary structures used for construction purposes must receive approval by the Board with regard to location and appearance, and must be removed promptly upon completion of construction. J. Fences. All fences installed by an Owner along or in the vicinity of the boundary lines of such Owner's Tract shall be approved by the Board and further subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. K. Landscaping. Two complete sets of landscaping architectural plans must be submitted to the Board for written approval prior to commencement of construction on a Tract. All open, unpaved space, including, but not limited to, front, side and rear building setback areas, shall be planted and landscaped, according to the plan approved in writing by Developer. Landscape plans submitted for approval of the Board shall indicate the number, size, spacing and species of shrubs and trees, and the species of ground cover. Asprinkler system of approved design shall be installed in all landscaped areas. The Board will require reasonable landscaping of any traffic or parking island located within or at the edges of any parking areas. Landscaping in accordance with the plans approved by the Board must be installed within thirty (30) days following the occupancy of a building or Tract. This period may be extended by the Board in the event of Force Majeure delays. The Board may promulgate landscaping guidelines which may be modified by the Board from time to time in its discretion. All landscaping installed by an Owner shall be subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 4. MAINTENANCE OF PROPERTY The Owner or lessees of any portion of the Subject Property shall have the duty of and responsibility for keeping their respective Tract and landscaping, vegetation, premises, Improvements and appurtenances, in a well -maintained, safe, clean, sanitary and attractive condition at all times, in compliance with all applicable regulations of governmental agencies having jurisdiction over health, environment, safety and pollution control. No refuse or waste materials shall be permitted to accumulate on any part of the Subject Property but shall be regularly collected and disposed of. If, in the opinion of the Developer, any such Owner or lessee is failing in this duty and responsibility, then Developer may give such Owner or lessee, or both, written notice of such fact, and such Owner or lessee must, within ten (10) days of such notice, undertake the care and maintenance reasonably necessary to restore such Owner's or lessee's property to a safe, clean and attractive condition. Should any such Owner or lessee fail to fulfill this duty and responsibility after such notice, then the Developer shall have the right and power to perform, or have performed, such care and maintenance, including, without limitation, the mowing of any vacant Tract, and the Owner and lessee (and/or both of them) of the Tract on which such work is performed by the Developer shall be liable for the cost of any such work and shall promptly reimburse the Developer for the cost thereof. If such Owner or lessee shall fail to so reimburse the Developer within thirty (30) days after being billed therefore, then said cost shall be a debt of such owner or lessee (and both or them), payable to the Developer, and shall be secured by the same lien that secures the payment of "Assessments" (hereafter defined), which lien shall be subordinate to any now existing or hereafter created valid liens securing purchase money, the cost of construction or permanent financing therefore, or any renewal or extension of such liens. From and after the Transfer Date, the Association automatically shall have the authority reserved to the Developer in this Article 4 to cure any default of an Owner or lessee. The Developer may delegate such right to cure any default of the Owner or Lessee to the Association prior to the Transfer Date. The Developer and Port Crossing Association hereby agree to maintain all drainage and detention areas within the development. 5. INSURANCE, INDEMNITY AND CASUALTY LOSS A. Each Owner, with respect to its Tract, including the Improvements and any operations thereon, shall maintain at all times during the term of this Declaration, commercial general liability insurance (including contractual liability insurance) with combined single limit coverage for personal injury, bodily injury or death or property damage or destruction (including loss or the use thereof) in the amount of not less than Three Million Dollars ($3,000,000), (which coverage may be in the form of combined single limit coverage, with an aggregate, or a combination of combined single limit coverage with umbrella coverage), provided further that the amount of such coverage is consistent with industry standard for similar buildings and the cost thereof is not financially prohibitive. Additionally, the Board shall have the right to require an increase in the aggregate limit of such liability insurance if it becomes industry standard to provide increased amounts of coverage. Such insurance shall be maintained in reputable, financially responsible insurance companies, licensed to do business in Texas, and each Owner shall furnish to the Board upon request a certificate or copy of its respective insurance policy conforming with the provisions hereof. The Developer and Board shall be named as an additional insured under each Owner's commercial general liability insurance policy, and such coverage shall be primary to any coverage maintained by the Developer and/or the Board. B. Each Owner shall maintain, at its cost, property damage insurance covering the full replacement value of all Improvements located on their respective Tract, insuring against the perils of fire, lightning, extended coverage vandalism and malicious mischief, and flood insurance (if available) from time to time. Such insurance shall be maintained in a reputable, financially responsible insurance company, and the Owners shall furnish to any other Owner upon request a certificate or copy of its policy of insurance conforming to the foregoing provisions. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC C. SUBJECT TO THE PROVISIONS OF PARAGRAPH D. BELOW, EACH OWNER ("INDEMNITOR") COVENANTS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEVELOPER, BOARD AND EACH OTHER OWNER ("INDEMNITEE") FROM AND AGAINST ALL CLAIMS, COSTS, EXPENSES AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH (1)ALL DAMAGES AND CLAIMS, INCLUDING ANYACTION OR PROCEEDING BROUGHT, ARISING FROM OR AS A RESULT OF THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY, WHICH SHALL OCCUR ON THE TRACT OWNED BY EACH INDEMNITOR, EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL ACT OR OMISSION OF THE INDEMNITEE, ITS LICENSEES, CONCESSIONAIRES, AGENTS, SERVANTS OR EMPLOYEES, OR THE AGENTS, SERVANTS OR EMPLOYEES OF ANY LICENSEE OR CONCESSIONAIRE WHEREVER THE SAME MAY OCCUR; AND (II)ALL DAMAGESAND CLAIMS ARISING FROM ORASARESULTOFTHE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY W HICH OCCUR ON ANOTHER OWNER'S PROPERTY AS A RESULT OF THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE INDEMNITOR. D. Notwithstanding anything contained in this Declaration to the contrary, each Owner ("Injured Owner") hereby waives any and all rights of recovery, claims, actions or cause of actions against another Owner, Developer and the Association and such other Owner's, Developer's and the Association's agents, servants, partners, shareholders, directors, trustees, officers or employees (collectively, the "Injuring Owner") for any loss or damage that may occur upon the Injured Owner's property or to any personal property of such Injured Owner by reason of fire, the elements or any other cause which is insured against (or could be insured against) by the terms of policies maintained by the Injured Owner or policies required to be maintained by Injured Owner pursuant to the terms of this Declaration, including the negligence of the Injuring Owner, its agents, officers, partners, shareholders, directors, trustees, servants or employees and no insurer shall have any right of subrogation or assignment against such Injuring Owner. E. The insurance coverages described in Paragraphs A. and B. above may be carried under a policy or policies covering other liabilities, properties and locations of an Owner of the Tract subject to this Declaration or a subsidiary or affiliate or controlling corporation of such Owner. Each insurance policy or policies shall contain a provision that such policy may not be cancelled without a thirty (30) day written prior notice by the insurer to Developer and the Association. F. In the event of a casualty loss to any Improvements, the affected Owner shall either (i) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, commence to repair all exterior and structural portions of such Improvements to the condition which existed immediately prior to such damage or destruction or to such other condition approved by the Board, and complete the repair or restoration within one hundred eighty (180) days after the occurrence of the casualty loss, subject to Force Majeure delays or (ii) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, demolish and remove its damaged Improvements leaving a graded and landscaped and/or seeded area. In the event of any such casualty loss or destruction, each Owner shall as soon as possible repair any common utility lines located upon its Tract which service another Owner's Tract. Any Owner that does not elect to repair or reconstruct after a casualty loss shall be entitled to retain all its insurance proceeds in connection with such casualty loss provided that such Owner demolishes and removes the damaged Improvements; otherwise, the insurance proceeds to cover the costs and expenses of demolishing and removing all damaged Improvements on its Tract shall belong to and be paid to the Association. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 0 ENVIRONMENTAL REMEDIATION Each Owner ("First Owner") agrees to indemnify, defend and hold harmless each of the other Owners ("Other Owners") from and against any costs, fees or expenses (including, without limitation, environmental assessment, investigation and environmental remediation expenses, third party claims and environmental impairment expenses) incurred by any of the Other Owners in connection with First Owner's generation, storage, transportation, treatment or disposal of Hazardous Substances at, to or from the portion of the Subject Property owned by the First Owner, including, but not limited to, Other Owners' costs in connection with monitoring such compliance. "Hazardous Substances," as used in this Article 71 means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et sec), as amended from time to time, and regulations promulgated there under; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq), as amended from time to time, and regulations promulgated there under; (c) any oil, petroleum products, and their by-products; (d) any substance the presence of which on the portion of the Subject Property, (including, without limitation, in the soil, air, structures and surface and sub -surface waters) owned by the First Owner is prohibited, regulated or restricted by any law or regulation similar to those set forth in this definition, and (e) any other substance which by law or regulation requires special handling in its collection, generation, storage, transportation, treatment or disposal. VA ENFORCEMENT Any notice to the Developer or Board, as applicable, or request for approval by the Developer or Board, as applicable, shall be made to the Developer or Board, as applicable, in writing, and shall be sent to the Developer or Board, as applicable, by certified or registered mail, postage prepaid, addressed to the then current address of such entities as announced from time to time. Initially, the address of the Developer is: Port Crossing, 3330 S. Sam Houston Parkway E., Houston, Texas 77047, Attention: Russell D. Plank. If any request for approval of a variance or exception to the restrictions provided herein, subject to compliance with all applicable laws, regulations, and ordinances of the City of La Porte or approval of any proposed action by an Owner is required to be made by the Developer or Board, as applicable, the Developer or Board, as applicable, shall, within thirty (30) days after the request is made, give the person making the request, at such person's address as shown in the request, written notification either of the approval by the Developer or Board, as applicable, or of its rejection of the request, with a specification of the reasons for such rejection. If the Developer or Board, as applicable, fails to give to the person requesting such approval notification of rejection within such 30-day period as provided for above, the Developer or Board, as applicable, shall be conclusively deemed to have given its approval with regard to the request made. Any approval or rejection given by the Developer or Board, as applicable, shall be in writing, and shall be signed by the Developer, or Board, as applicable, and any written approval, rejection or other communication by the Developer or Board, as applicable, may be relied upon, as the act of the Developer or Board, as applicable, by the person receiving such approval, rejection or other communication. The Developer, including any successor owner of a substantial portion of the Subject Property succeeding the Developer as a developer of the Subject Property, any Owner and the Association (collectively, the "Principal Beneficiaries") shall have the right to enforce the restrictive covenants set forth in this Declaration against any person or persons violating or attempting to violate this Declaration. No tenant, lessee or occupant of any portion of the Subject Property and no customer or invitee of any such tenants, lessee or occupant and no other party whomsoever (other than a Principal Beneficiary, as aforesaid) shall have any rights to enforce any provision of this Declaration. In the event of a violation or attempted or threatened violation of any provision of this Declaration, in addition to all other rights and remedies available at law or in equity, a Principal Beneficiary shall be entitled to obtain restraining orders and injunctions (temporary and permanent) enjoining and prohibiting such violation, attempted or threatened violation and commanding compliance with the provisions of this Declaration, without the necessity of posting a bond. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 10 E:1 COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessment. The Developer for each Tract owned within the Subject Property, hereby covenants, and each Owner of any Tract by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, is conclusively deemed to covenant and agree as a covenant running with the land to pay to the Association assessments or charges imposed from time to time by the Board for the purposes set forth in Section 8.B. below (hereinafter referred to as "Assessments"). The Board shall have the right to adopt and from time to time revise and amend procedures for the purpose of establishing the Assessments, due dates, billing and collection of the Assessments, provided that such procedures are not inconsistent with the provisions hereto. The assessments established by the Board shall commence against the subject Property on August 1, 2006. The Assessments shall be uniform as to each Tract on a per square foot basis according to the land area comprising such Tract. If the Assessments have commenced to accrue against the Owners, then, at the time an Owner takes title to a Tract, the installment for that month shall be prorated as of the day the Owner takes title. Any Assessments not paid and received within ten (10) days from the due date shall be deemed delinquent and, without notice, shall bear interest until paid at fifteen percent (15%) per annum, not to exceed the maximum non -usurious rate allowed by applicable law. The Board, at its option, may impose and collect late charges on delinquent payments, in addition to interest, in an amount to compensate the Association for the administrative burden of dealing with the delinquency. To secure the payment of the Assessments levied hereunder and any other sums due hereunder (including, without limitation, reasonable attorneys fees and costs of collection, interest or late charges), a vendor's lien and superior title shall be and is hereby reserved, and a contractual lien is hereby created, in favor of the Association, in and to each Tract and assigned to the Association, which liens shall be enforceable as hereinafter set forth by the Board or its appointed agent ("Agent") on behalf of the Association. Notice of the unpaid amounts, at any time, secured by the liens referred to, reserved by and created in this Article 8 may, but shall not be required to be given by the recordation in the Real Property Records of Harris County, Texas of a "Notice of Non -Payment," duly -executed and acknowledged by an Agent of the Association, setting forth the amount owed, the name of the reputed Owner or Owners of the affected Tract according to the books and records of the Association, and the legal description of such Tract. The cost of preparing and filing the Notice of Non -Payment and its release shall be secured by the lien therefor. Each Owner, by acceptance of a deed to such Owner's Tract, hereby expressly recognizes the existence of such liens as being prior to such Owner's ownership of such Tract and hereby vests in the Board or its Agent the right and power to bring all actions against such Owner or Owners personally for the collection of such Assessments and other sums due hereunder as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including by judicial and/or non -judicial foreclosure. Additionally, by acceptance of the deed to such Owner's Tract, each Owner expressly grants a power of sale such Owner's Tract and all Improvements thereon, and all rights appurtenant thereto for the purpose of securing the aforesaid Assessments and other sums due hereunder remaining unpaid by such Owner from time to time. The Agent maybe changed at anytime by the Board. In the event of the election by the Board to foreclose the liens herein provided for nonpayment of sums secured to be paid by such liens, then it shall be the duty of the Agent, as hereinabove provided, at the request of the Board (which request shall be presumed) to enforce this trust and to sell such Tract and all Improvements thereon, and all rights appurtenant thereto, at the door of the County Courthouse of Harris County, Texas (in the area designated by the Commissioner's Court of Harris County, Texas, for such purpose), on the first Tuesday in any month between the hours of 10:00 a.m. and 4:00 p.m. to the highest bidder for cash after the Agent shall have given notices of the proposed sale in the manner hereinafter set forth, or as provided by statute, whichever is less burdensome. Following sale, the Agent shall make due conveyance of the Tract and all Improvements thereon to the purchaser or purchasers, H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 11 and may, but shall not be required to, give a general warranty of title to such purchaser or purchasers binding upon the Owner or Owners of such Tract and all Improvements thereon and their heirs, executors, administrators, successors and assigns. The Agent shall give notice of such proposed sale by posting a written notice of time, place and terms of the sale for at least twenty-one (21) consecutive days preceding the date of sale at the Courthouse door of Harris County, Texas, by filing such notice with the County Clerk of Harris County, Texas, at least twenty-one (21) consecutive days preceding the date of sale, and, in addition, the Agent shall serve written notice at least twenty-one (21) days preceding the date of sale by certified mail on each debtor obligated to pay the debt according to the records of the Association of such sale and the notice thereof shall comply with the provisions of Section 51.002 of the Texas Property Code, as it may be amended from time to time. Service of such notice shall be completed upon deposit of the notice in the United States mail, properly addressed to such debtor obligated to pay the debt at the most recent address as shown by the records of the Association. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of such service. If any change in Texas law occurs subsequent to the date hereof, this paragraph A of Article 8 shall be amended to comply with such change in Texas law. At any foreclosure, judicial or non judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. Out of the proceeds of such sale, there shall first be paid all expenses incurred by the Association in connection with such sale, including reasonable attorneys' fee and reasonable trustees' fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, plus interest thereon; and, third, the remaining balance shall be paid to such Owner and/or such Owner's mortgagee. From and after any such foreclosure, the occupants of such Tract shall be required to pay a reasonable rent for the use of such Tract and such occupancy shall constitute a tenancy -at -sufferance, and the purchaser at such foreclosure sale shall be entitled to the appointment of a receiver to collect such rents and further, shall be entitled to sue for recovery of possession of such Tract by forcible detainer without further notice. B. Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for the purpose of: (i) the operating costs and expenses of the Association; (ii) the payment of all organization costs and attorney fees incurred by the Association in connection with the enforcement of this Declaration, including, without limitation, enforcement of parking restrictions; (iii) the maintenance, replacement and repair of any Private Streets and any Improvements located within the Private Streets (but not the initial construction of the Private Streets); (iv) the establishment and maintenance of capital and operating reserves that the Board determines to be necessary and desirable; (v) the payment of any ad valorem or other taxes due on any property owned by the Association; (vi) the payment of any costs or expenses incurred with respect to the provision of any facilities and services related to the Private Streets and other portions of the Subject Property determined to be necessary by the Board; (viii) street lighting, street sweeping and street maintenance of any private streets in the Subject Property and maintenance of entry markers, greenbelts, signs, detention ponds, retention areas, esplanades and landscape reserves and other common areas owned by the Association or dedicated to a governmental entity; (viii) planting, landscaping, watering, irrigation, mowing, tree surgery and general upkeep and maintenance of plants or landscaped areas of the common areas owned by the Association; (viii) reimbursement of reasonable and customary costs and expenses of the Association in connection with its operation and management and administration of this Declaration (including, but not limited to, common engagement of third party architects, engineers, attorneys, accountants, managers and other consultants in connection with the administration of this Declaration) and such other non -capital items of expenses as may be deemed by the Association, in its discretion and in good faith, to be necessary or desirable for the carrying out of this Declaration; and (ix) promotion of the recreation, health, and safety (including, without limitation, security patrols and other security measures if deemed necessary by the Association; provided however, that the Association shall not be obligated to provide security patrols or other security measures and the provision of any security measure does not guarantee the safety of any Owners, employees, guests, contractors or invitees or that the property of any Owner, guest, contractor or invitee will not be damaged, vandalized or stolen) and the general welfare of the Owners and lessees the Subject Property. C. Maintenance Fund. The Assessments collected by the Association shall be paid into a maintenance fund (the "Maintenance Fund") and shall be held, managed, invested and expended by the H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 12 Board, in its sole good faith discretion, for any of the permitted purposes. The Board and the Directors shall not be liable to any person or entity as a result of any action taken by the Board with respect to the Maintenance Fund, except for willful misconduct or fraud. D. Basis of Maximum of Annual Assessments. Notwithstanding the provisions of Paragraph A of this Article 8 to the contrary, the maximum initial annual Assessment shall be two cents ($0.02) per square foot of land area in the Subject Property. From and after January 1, of the next succeeding calendar year following the imposition of the Assessment, the annual Assessment may be increased as follows: The Developer may determine and certify that the then current annual Assessment is not sufficient to meet reasonable expenses of maintaining and enforcing this Declaration and, the Developer may increase the annual Assessment by an amount which shall not exceed the greater of: (i)10% or (ii) an amount equal to the yearly rise in the United States Department of Labor, Bureau of Labor Statistics ("BLS"), Consumer Price Index (for All Urban Consumers CPI-U) Houston-Galveston-Brazoria, TX. —All Items (1982-84 =100) (the "Index") as of July of each year from the preceding July. If, however, the Index should be discontinued, such calculation shall be made by use of another reputable Index selected by the Board which is recognized by BLS and is comparable to the Index. Additionally, if the base period of the Index (currently 1982-84 = 100) is hereby modified, the base period used in making the aforesaid calculation shall be appropriately adjusted by the Board to reflect such modification and if the Index is published in such manner that an Index figure is not available each July, then the Index figure published for the most recent month preceding July shall be used. The annual Assessment shall not be increased more than once in any calendar year. However, the right to increase the annual Assessment, as aforesaid, shall be cumulative and in the event the annual Assessment is not increased to the maximum amount allowed for any one or more years, then the Developer shall thereafter have the right to increase any subsequent annual Assessment to an amount equal to the maximum annual Assessment that would have been chargeable for that year as if the annual Assessment had been increased by the maximum allowable hereunder for each of such prior years. Notwithstanding the foregoing provisions of this Paragraph 8.D, in the event the Board determines that it is necessary to increase the annual Assessment more than the amount prescribed by the formula, the Board, by majority vote, and the affirmative vote of two-thirds (2/3rds) of those Owners who are voting in person or by proxy at a meeting duly called for such purpose, may increase the maximum annual Assessment for the subject calendar year. Once the maximum annual assessment for any calendar year is increased pursuant to the provisions of this grammatical paragraph, the amount to which it has been increased shall be the amount used to determine the maximum annual Assessment for the next calendar year. E. Subordination of Assessment Lien to Mortgages. The liens securing the Assessments provided for herein shall be subject and subordinate to (i) all liens for taxes or assessments levied bythe City, County and State Governments or any political subdivision or special district thereof and (ii) the lien of any duly -recorded first and/or second mortgage lien or first and/or second lien deed of trust upon one or more Tracts made in good faith and for purchase money or improvements. The sale or transfer of any Tract shall not affect the assessment lien. However, the sale or transfer of any Tract which is subject to any first or second mortgage lien, pursuant to a foreclosure of such lien or a conveyance in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve the new Owner of such Tract from liability for any assessment thereafter becoming due according to the terms herein contained or from the lien thereof. F. Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from the payment of assessments: (a) any areas designated as Common Areas by the Developer and accepted by the Association; and (b) all property dedicated to and accepted by any governmental authority or public utility. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 13 G. Annual Financial Report. The Association shall deliver to each Owner an unaudited annual financial report as required by the Texas Nonprofit Corporation Act not later than sixty (60) days after the end of each calendar year. a PROPERTY OWNERS' ASSOCIAT The administration of the Subject Property shall be governed by the PORT CROSSING ASSOCIATION, a Texas non-profit corporation ("Association") to be formed not later than one hundred eighty (180) days following the closing of the sale of the first Tract out of the Subject Property. The Association shall act through a Board of Directors ("Board") of not less than three (3) Directors who need not be members of the Association. The initial Directors of the Association shall be selected by the Developer. The initial Directors for the Association shall hold office for an initial term of three (3) years and, thereafter, until their successors are duly elected and qualified. After the expiration of the term of the initial Directors, the members of the Association shall elect a Board of Directors as provided for in the Bylaws of the Association. Directors shall receive no compensation for their services, but, by resolution of the Board, a Director may be reimbursed for reasonable expenses and costs incurred by him in carrying out his duties. The Board shall have the power to enact any rules, bylaws, procedures and regulations, not inconsistent with this Declaration. "Transfer Date," as used herein, shall mean the earlier to occur of: (i) January 1, 2026; (ii) thirty (30) days following the date that seventy-five percent (75%) or more of the total square footage of the Subject Property has been conveyed to parties not related to or affiliated with the Developer; or (iii) the Developer's recordation of a notice in the Real Property Records of Harris County, Texas, to the effect that the Transfer Date has occurred for purposes of this Declaration. The Directors and the officers of the Association shall not be personally liable to the Owners, Developer or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever (including, without limitation, any mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any submitted plans), except for gross negligence, willful misconduct or bad faith. Every person who submits any Plans to the Board for approval as herein provided agrees by submission of such Plans, and every lessee or Owner or person claiming by or through an Owner or lessee agrees by acquiring title to any Tract or interest in a Tract, that it will not bring any action or suit against the Association or any director or officer, or any one or more of them, their respective agents, employees, members or assigns, to recover any damages as a result thereof, except for gross negligence, willful misconduct or bad faith. Any Owner of a Tract within the Subject Property shall be a member of the Association, and shall remain a member for the period of its ownership. Each member of the Association shall be entitled to one (1) vote for each ten thousand (10,000) sq. ft. of the total square footage of the Tract it owns; provided, however, that in the event of the expansion of the Subject Property subject to this Declaration, the votes to which an Owner of land within the Subject Property is entitled shall be revised and adjusted to a ratio that said number of square feet owned bears to the total number of square feet in the Subject Property, as expanded. There shall be no fractional votes. No Owner shall be entitled to vote in any election concerning any action submitted before the Members for their vote during any period in which any such fees or assessments assessed against such Owner are delinquent or such Owner is otherwise in violation of this Declaration as to which such Owner has received written notice of such violation. 10. SEVERABILITY Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 14 11. ADDITIONAL RESTRICTIONS The Developer may make additional restrictions applicable to anyTract by appropriate provisions in any deed or deeds hereafter conveying any land within the Subject Property, without otherwise modifying the general plan outlined above, and such other restrictions shall inure to the benefit of the Owners of any other land in the Subject Property in the same manner as though they had been expressed herein. Without the consent of any other party, including any Owner, Developer shall have the right to extend the restrictions and covenants hereof to any land hereafter owned or acquired by Developer, any boundary of which lies within one mile of the Subject Property ("Additional Land") by filing a supplemental declaration, in the Real Property Records of Harris County, Texas, adding the Additional Land to the Subject Property subject to this Declaration. Nothing herein contained, however, shall be deemed to impose any restrictions on any portion of the Additional Land unless Developer, as the owner of the Additional Land or any portion thereof, thereafter elects to subject any portion of the Additional Land to the general plan outlined above by expressly providing for same in any deed or other instrument executed by the Developer, as the owner of the portion of the Additional Land to be made subject to these covenants and restrictions. 12. TERM These covenants shall run with the land comprising the Subject Property and shall be binding on all Owners and lessees of any of the Subject Property and their respective heirs, executors, Boards, devisees, successors and assigns, and all persons claiming under them, from the date on which these covenants are recorded though January 1, 2056, after which time these covenants shall be automatically extended for successive periods of ten (10) years each, unless within six (6) months prior to January 1, 2056 (or the end of any extended period) an instrument executed and acknowledged by the persons or entities who then own at least two-thirds (2/3rds) of the total square footage of land in the Subject Property (exclusive of public streets) has been recorded in the Real Property Records of Harris County, Texas, terminating these covenants in whole or in part at the end of any such original or extended term. 13. AMENDMENTS Notwithstanding the provisions of Article 12 to the contrary, this Declaration may be amended at any time (subject to compliance with all applicable laws, codes, regulations, and ordinances of the City of La Porte) by the written action of the Owners of at least two-thirds (2/3rds) of the total square footage in the Subject Property, regardless of whether such two-thirds (2/3rds) ownership consists of Developer alone, Developer and Other Owners or Other Owners alone; provided, however, that if such two-thirds (2/3rds) ownership consists of Owners alone, then so long as Developer retains fee simple legal title to at least five (5) acres in the Subject Property, such Other Owners must obtain Developer's written consent to any amendment of this Declaration and Developer agrees to consider any proposed amendment in the exercise of good faith judgment and to describe its objections thereto, if any, in writing in reasonable detail. No amendment shall be effective unless made and recorded ten (10) days in advance of the effective date of such change and unless written notice of the proposed amendment is sent to Developer and every Owner at least thirty (30) days in advance of any action taken prior to recordation. No amendment shall be applicable to existing Improvements on the Subject Property (or the replacement of such Improvements following casualty or other damage if restored in a substantially similar manner and the restoration is in compliance with all applicable laws), unless such instrument(s) shall be signed by all of the then Owners of the Subject Property. Notwithstanding anything herein to the contrary, Developer shall have and reserves the right at any time and from time to time, without the joinder or consent of any owner or other party, to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record by Developer for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein or clarifying any provision therein; provided, however, that H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 15 any such amendment shall be consistent with and in furtherance of the general plan of development as evidenced by this Declaration and shall not impair or affect the vested property or other rights of any Owner; and provided further, that nothing herein shall be construed to permit an amendment providing for a use inconsistent with or prohibited by the provisions of this Declaration. 14. MISCELLANEOUS A. Protection of Name. No Owner shall use the phrase "Port Crossing" or any word or words similar thereto in connection with any Tractor any business operated in connection with any Tract, without the prior written consent of Developer. The restriction contained in this Paragraph A is for the sole benefit of and may be enforced only by Developer. B. Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, facsimile machine (with confirmation of delivery) or overnight air courier service. If served by mail, each notice shall be sent postage prepaid, certified mail, return receipt requested, addressed to any person at the address given by such Person to the Association in writing for the purpose of service of such notice, or to the Tract of such person if no address has been given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Association. C. Right of Entry; Enforcement by Self Help. The Association shall have the right, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any Tract, including any Improvements located thereon, for emergency, security, maintenance, repair or safety purposes, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all police officers, firefighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or occupant of the Tract or Improvements. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Improvements or any portion of a Tract to abate or remove, using such force as reasonably may be necessary, any Improvement to Property, other structure, or thing or condition that violates this Declaration, the Bylaws, any Rules and Regulations, or any use restrictions. Unless an emergency situation exits, such self-help shall be preceded by written notice. All costs of self- help, including reasonable attorneys fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of Assessments. All such entries shall be made with as little inconvenience to the Owner as is practicable in the judgment of the Association and any damages caused thereby (as distinguished from repairs with respect to which the Association is entitled to a reimbursement assessment) shall be borne by the Maintenance Fund of the Association. D. Platting/Replatting. If for any reason, the Developer should be required or deem it necessary to plat or replat the Subject Property, or any portion thereof, such platting or replatting may be accomplished without the consent of the Other Owners, or their mortgagees; provided, however, that the Developer has obtained the approval of the City and other governmental body or bodies, as applicable, for such platting or replatting. In addition, if for any reason an Owner other than the Developer, should find it necessary or be required to plat or replat all or a portion of the Tract owned by him, such Owner may proceed with the platting or replatting without the consent of the Other Owners, or their mortgagees; provided, however, that (i) such Owner has obtained the approval of the appropriate governmental body or bodies, and (ii) the Board has given its prior written consent to such platting or replatting, which consent shall not be unreasonably withheld or delayed. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 16 E. Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Subject Property hereby is declared to be a violation of this Declaration and shall be subject to any and all of the enforcement procedures set forth in this Declaration. F. Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. G. Restrictions Construed Together. All of the provisions of this Declaration shall be construed liberally to promote and effectuate the fundamental concepts of the Subject Property, as set forth in the Declaration. H. Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter. I. Estoppel Certificates. Within fifteen (15) days after receipt of a written request from any Owner, the Association shall certify by written instrument, duly executed and acknowledged, to any lender, purchaser or any other person specified in the request: (i) whether this Declaration has been supplemented or amended, and if so, the substance of the supplement or amendment; (ii) whether the Owner is in violation of any provision of this Declaration, and if, so, the description of the violation; (iii) the then current amounts of Assessments and the status of their payment by such Owner; and (iv) any other matters may be reasonably requested by the Owner. J. Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. K. Force Majeure. "Force Majeure," as used herein, shall mean any delays in performance by a party required hereunder due to strikes, riots, acts of God, shortages of labor or materials, work, governmental laws, regulations or restrictions, inclement weather or any other causes of any kind whatsoever which are beyond the reasonable control of such party, in which event, the party prevented from performing as a result of such Force Majeure delays, shall be entitled to an extension of the time for performance equal to the duration of such Force Majeure delays. L. Governing Law. This Declaration shall be construed and governed under the laws of the State of Texas. M. Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, its properties, rights, and obligations may be transferred by operation of law to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may be added by operation of law to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a meter. The surviving or consolidated association may administer and enforce the covenants, conditions, and restrictions established by this Declaration governing the Subject Property, together with the covenants and restrictions established upon any other property, as one plan, subject also to the provisions of the Declaration. N. Delay in Enforcement. No delay in enforcing the provisions of this Declaration as to any breach or violation thereof shall impair, damage, or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 17 EXECUTED this ao day of September, 2006. PORT CROSSING LAND, LP, a Texas limited partnership By: Port Crossing Land GP, LLC, a Texas limited liability company its general partner Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this a0— day of September, 2006, by RUSSELL D. PLANK, Vice President of PORT CROSSING GP, LLC, a Texas limited liability company, general partner of Port Crossing Land, LP, a Texas limited partnership, on behalf of such partnership. r „/ YOLANDA L. REID Notar#ublic in and for Notary Public, State of TanIThe State of Texas My . , POWELL ROAD LOGISTICS, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC, a Texas limited liability company, its general partner By 060-OA 7). /�, k Russell D. Plank, Vice President H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 18 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this d(*V. day of September, 2006, by RUSSELL D. PLANK, Vice President of POWELL ROAD LOGISTICS GP, LLC, a Texas limited liability company, general partner of Powell Road Logistics, L.P., a Texas limited partnership, on behalf of such partnership. LYOLAANDA. REIDte of Texas Expires08 THE STATE OF TEXAS § COUNTY OF HARRIS § No Public in and for The State of Texas FLPCW, LP, a Texas limited partnership By: FLP Candle GP, Inc., a Texas corporation, its general partner By Geor e Cook, President This instrument was acknowledged before me on this aXA day of September, 2006, by GEORGE COOK, President of FLP Candle GP, Inc., a Texas corporation, general partner of FLPCW, LP, a Texas limited partnership, on behalf of such partnership. NotaOublic in and for t• rThe State of Texas H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 19 NATIONAL PROPERTY HOLDINGS, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By 4—p-e b. 144- Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this o* 'day of September, 2006, by RUSSELL D. PLANK, Vice President of NATIONAL PROPERTY HOLDINGS GP, LLC, a Texas limited liability company, general partner of National Property Holdings, L.P., a Texas limited partnership, on behalf of such partnership. 1 '„ • r r� NotaVublic in and for The State of H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 20 DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability compan is general partner By: Gary S sten, Manager By: .. Ma ew Huartanager STATE OF ARIZONA § COUNTY OF IAA § This instrument was acknowledged before me on this the day of September, 2006, by Gary Skarsten, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand CO day of-Jufq,-2006, A.D. (Seal BONNIE GWEISTER Notary Public - Adzono • Mancopo County NOTARY PUBLIC, ST F My Comm. Expires Aug 31, 2009 My Co sion E Ires. - ,7/ 2 a" dI4aifo', 1111A STATE OF AR+Z-&NA § COUNTY OF fr nje— § / This instrument was acknowledged before me on this the aS day of September, 2006, by Matthew Huarte, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand and seal of office this (Seal) C. RE Corr n**m / 1612>'iB,1 Nokxy Pt"C - COW06*0 LOrange cau* My C ExpNw Oct 1Q day of July, 2006, A.D. d. - �� NOTARY PUBLIC, STATE OF My Commission Expires: 19p-9 H-Final Version of Declaration of Protective Covenants and Easements(620880_4) EXHIBIT E FROM : Northrup Associates Inc Pf UE No. : 713 463 5839 Feb. 03 1999 03:02PM PM 5 MG1Glff4 DRAFT TRAFFIC CONTROL PLAN TEXAS IMPORT EXPORT PARK An Approximate 292-s a Mixed Use Development La Porte, Texas A commercial rrdxed use project is to be constructed within a PUD zoning district in the City of La Porte, Tc=& This project known as Texas Ymport-Plsrk (Prcjea) combines as a planned community, a full range of uses from =hifanzily to rail. sw med Wusttial. Pursuant to the adoption of a Spacial Conditional Use Permit (SCUP) by the Crty, this document is to provide gui+danca as to the control of fideraal and external automobile and trick traffic generated by the Project. viWe the Ceaual Puri for the Project generally designates the various user, by ordinance cash individual building or developmew site will maquire fiuther Sito Plan rzview. That review process will, therefore. include an wq=sion of the Traffic Control Plan to address site specific issues particular to that use or plan as an addendum to this document. The goal of the Traffic Control Plan is to insure the efficient flow of traffic to and fiom and within the Project in a manner that well minimaze additional adverse impacts to the existing thoroughfare system of the arm tt is imt=ded that the guidance established herein shall be cafiorced by the Project Property Owners Association (Association) with oversight by the City- This guidance is to be used in the preparation of development site plans as well as the implementation of operational par=ctem for internal control of all'vehicular traffic by the Owner -Developer and assigns, including project managers, tenants, and subsequent individual site owners or businesses. The site is served by a controlled access principle arterial, State Highway 146, with a planned interchange at Wharton'Wccros Boulevard, a planned 4-lane collector street, bisecting the Project and turning into Powell Road as a parallel facility to S.R 146. Due to the relatively limited service aura of theWharton Weems -Powell cotmection, it will more than adequately accommodate anticipated traffic generated by such a Project 'Ihetfire, ravagers, teoannts, and business owner -operators are to provide rotting instructions for all traffic serving sites within the Project- This shall include employees, company t vcjm and vehicles, customers, tamers, vendors or regular contractors malting repetitive defvarea. . TRAFFIC CONTROL GUIDEUNES The following initial guidelines address the essential initial issues of traffic control reladvie to the Project and may be amended as more detailed planning and site specific i=cs develop_ 1 of 2 FROM : Northrup Associates Inc PHCmE No. : 713 463 5a39 Feb. 63 1999 83:23PM P23 All Project Vmemted traffic droll he directed to ingrns and egress the site at the S.H. 146-Whartan Weems Blvd. mtermcdon. Every effort is to be made to discourage or prevent traffic to or *am Fairmont Parkway. Internal traffic is to also be directed to the SM 146-Weans intersection, especially truck traffic Site plan design where practicable small WE= common driveways and moss -access easemetrta (Adves) between sites to a quality and effective internal traffic flow, circulation within the Project. Driveways. especially to S. R 146, shall be miniun6-d to the mart practicable and within the limits stated wrthut the SCUP. Each building site noose be allowed at lawt one drivu:way if requnted, but sharing of driveways should be encouraged as a policy. Location oedriveways opposite each other along VAuxton Weems Blvd. should be encouraged, Ply where esplanade openings might exist. Driveways along Powell Road shall be designed sad signed accordingly to fect7ttate the Sow of truck traffic toward the S.g 146 mt= ction. A driveway design that wcWd preempt truck traffic to the north toward Fairmont Parkway is to be mandated, except for those destined to facilities that may exist south ofFairmont Parkway. Esplanades, esplanade ogeaings, including left turn lamas, and dnvewray curb returns shall be designed to safely accommodate truck traffic with rninimum impacts on other roadway traffic, Where possible and practicable consideration shall be given to the separation of .auitomnbde and truck entrmtces,dnveways and parimng. All aspects of traffic design discussed herein, including but not limited to geometric design, traffic sigas, and standards shall conform to the applicable provisions of the City Code of Ordinances, the Te,cas Manual on Uniforrn Traffic Control Devices, and recommendations and standards of the traffic industry (AASHTQ). Iachuded for kd=ma&n purposes only are examples of traffic control devices and designs that illustrate potential solutions to various conditions discussed above. A thorough em�ginesring analysis of -the Project will include more detailed study of these traffic issues and will be incorporated into this doasment. 2 of 2 W a 0 c� Z r r ' n City of La Porte Planning and Development Department IstablishedW92 Tim Tietielas,Director August 6, 2015 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #15-91001004 Dear Mayor Rigby and City Council; The La Porte Planning and Zoning Commission field a public hearing at the July 16, 2015 meeting on a Special Conditional Use Permit request by Port Crossing LP to clarify land uses and. other various development requirements for the 31.3.5 acre Port Crossing business park, which is located west of I lighwvay 146 between W. M Street and McCabe Road. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of'Ordinances requires a Special Conditional Use Permit for development within a PUD district. This request is an amendment to the previous Part Crossing Business Park SCUP approved by the City Council ill 2006 (SCUP ##06-006). Following the public hearing the Planning and .Zoning Commission voted to recommend approval of the proposed SCUP as presented in the City Council. Agenda Item Request. Respectfully submitted, Hal Lawler Chairman, Planning and Zoning Commission cc: Tim Tietjens, Director of Plarming and Development Department File City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Developinent La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov City of La Porte 604 W. Fairmont Pkwy. Planning & Development Department La Porte, TX 77571 SPECIAL CONDITIONAL USE PERMIT APPLICATION Phone: 281.4705073 Fax: 281,470,5005 vvww.Iaportetx.gov 1, PROPERTY OWNER CONTACT INFORMATION: OWNER NAME: Port Crossing Land, LP PHONE L713.578.1211 PHONE 2: 713.826.3378 FAX 4.713.734.5544 EMAIL: riovell@nationalpropertyholdings.com MAILING ADDRESS.. 3330 S. San Houston Pkwy. E., Houston, TX 77047 2. BUSINESS INFORMATION: BUSINESS NAME: 1�.1�>1 BUSINESS TYPE: CONTACT NAME: PRONE #: E-MAIL: FAX #: MAILING ADDRESS: 3. PROPERTY DESCRIPTION: /� PARCEL NO(S) (13-digit HCAD Tax ID #): See Attached PROPERTY ADDRESS (If existing)- PROPERTY LEGAL DESCRIPTION -Port Crossing, a subdivision of 286.7 Acres 4. SUPPORTING DOCUMENTATION (Check Applicable): © GENERAL PLAN ® SITE PLAN N1 PLAT REASON FOR REQUEST?;Amending SCUP to reference Land Use Chart effective 9111106 OWNER or AUTHORIZED AGENT'S SIGNATURE: PRINTED NAME: Ryan Lovell DATE: 06/1 6I1 5 S. APPLICATION CHECKLIST & SUPPORTING DOCUMENTATION: COMPLETE ITEMS 1 T14RU 4 OF APPLICATION ATTACH APPLICABLE PLAN(S) 5Ui3MIT rMr, ° ` CATION FEE STAFF USE DNL DATE RECEIVED: RECEIVED BY: PROJECT NUMBER:_ SCHEDULED DATE FOR PLANNING & ZONING COMMISSION AGENDA: t June 22, 2015 Mr. Eric J. Ensey Planning and Development Dept. City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 Dear Mr. Ensey: I write on behalf of Port Crossing Land, LP in connection with the Port Crossing Commerce Center, which is an approximately 300-acre tract of land, zoned "planned unit development" with a special conditional use permit. The original special conditional use permit for the development was issued in 2005 and amended in 2006. In connection with a planned sale involving the Port Crossing Commerce Center, it became apparent that the special conditional use permit issued in 2006 was not completely clear on what effect changes to the city's general zoning ordinance would have on the uses allowed in the area covered by the special conditional use permit. On June 8, 2015, the City Council authorized the City Manager to send a letter confirming that the 2006 special conditional use permit was intended, at a minimum, to permit uses allowed in the city's general zoning ordinance as of September 11, 2006. It was also discovered the plat approved by the city had modified certain boundaries described in the general plan attached to the 2006 special conditional use permit, and had changed the location of certain infrastructure described in exhibits to that permit. The attached application is intended to confirm, through a formal amendment to the 2006 special conditional use permit, (1) the City Council's understanding of what uses are allowed in the area covered by that permit; (2) update the general plan, attached to that permit, to bring it into conformance with approved plat amendments; (3) amend the development agreement that is part of the 2006 special conditional use permit to make it consistent with that permit, the general plan, and the land use exception exhibit; and (4) remove CCR's as an exhibit to the special conditional use permit, as those CCR's already have been approved by the City and filed, making their inclusion as an exhibit unnecessary. We are also submitting a minor amending plat that: (1) removes any mention of allowed uses to avoid possible conflicts with the general plan that is part of the special conditional use permit; and (2) modifies reserves "E" and "F" to accurately depict the actual size of the detention pond in reserve "F", and to expand the reserve "E" area so that it can be developed in accordance with the Amendment to the Drainage Analysis for Port Crossing, prepared by Jones & Carter in 2009, and approved by Harris County Flood Control District on August 27, 2009 and acknowledged by the City Engineer on May 29, 2015. None of the proposed changes to the 2006 special conditional use permit are substantive. Instead, they ensure that the special conditional use permit, as amended, reflects the PHONE: (713) 578-1234 • FAX: (713) 734-5544 • 3330 S. SAM HOUSTON PKWY. E. • HOUSTON, TEXAS 77047 Page 2 June 22, 2015 understandings and agreements previously reached with the City. The proposed minor amended plat does include two substantive changes, both of which have previously been approved by the City. Approval of the plat ensures that it conforms to conditions on the ground as approved by the City. If you should have any questions, please do not hesitate to contact me. Yours very truly, IN Ryan r. ­ ovell Vice President enclosures 521588 000002 15060186.1 City of La Porte Special Conditional Use Permit #SCU 06-006 This permit is issued to: Port Crossing Land, L.P.; Powell Road logistics, L. Rail Lo ix, GP.LLC.- and National Property Holdin s L.P. Russell D. Plank Owner or Agent 3330 S. Sam Houston Parkway E., Houston, Texas 77047 Address For development of: Approx. 300 acre Planned Unit Development, former) TIEP a mixed use development further defined by a General Plan, The Planned Unit Development is further defined by a Develo ment Agreement between the Owner 1Agent listed above and the City of La Porte. This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name Legal description: 300 acres of land out of the George B. McKinstry LeagueA-47 more particularly described b - Development Agreement. a • he •a •• • �- .rf-! 1- - pme •- !- a -a .1• uses for this Planned Llni it 4t - General Plan fQr Port Crossing- These permitted land -uses am-MQM--- •- •- -• - ! a restricted by • -conditions,• restrictiona establisho Permit Conditions: 1. This Special Conditional Use Permit (SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP will supersede SCU#05-003. 3. This SCUP has exhibits and the Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. 4. Submittals shall be in accordance with this SCUP, General Plan, the Development Agreement approved by the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas_ Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Cate: � O 1 , i rrector of Pla City *ea 4'AI-W.h AREA MAP N W E SCUP REQ. #15-91000004 E S ZONING MAP SCUP REQ. #15-91000004 LOCATION OF PROPERTY Legend 9 City Limits Zoning Zoning%rr (R-1) Low Density Residential (R-2) Medium Density Residential (R-3) High Density Residential (MH) Manufactured Housing �3 ,� �� .��-; (GC) General Commercial (NC) Neighborhood Commercial (PUD) Planned Unit Development i (BI) Business Industrial (LI) Light Industrial (HI) Heavy Industrial (MS) Main Street District� (MSO) Main Street District Overlay (ILL) Large Lot District REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Appropriation Requested By: E. Ensey Department: Planning & Development Report: Resolution: Ordinance: Other: ', Attachments : 1. Amended Development Agreement -Clean Version 2. Amended Development Agreement - Marked Version 3. Exhibits to Amended Development Agreement 4. P&Z Recommendation Letter 5. Development Agreement (Approved in 2006) Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATIONS At the request of the owners of Port Crossing Business Park, the Council held an executive session at the June 8, 2015 City Council meeting regarding whether or not Port Crossing is grandfathered from the 2014 Zoning Ordinance revisions due to a previously approved SCUP which specified permissible land uses. Council directed staff to facilitate the original vision for development by grandfathering the intended land uses as previously detailed in the 2006 SCUP. The owners of Port Crossing have chosen to further "clean up" a number of discrepancies between the various documents governing development of the Port Crossing. Part of this clean up includes the attached Amended Development Agreement. The "clean" version includes all Exhibits, although some may not be in their fully executed form. The proposed modifications to the Development Agreement include the following: Land Use. The Amended Development Agreement references the land uses described in Exhibit C of the document (Land Use Exceptions). Based on direction from the City Council, land uses for the various parcels are indicated in the General Plan and are those uses in the city's Land Use Chart effective on September 11, 2006 (the time when SCUP #06-006 was approved by the City Council). Exhibit C (Land Use Exceptions) to the Amended Development Agreement has also been modified to reference this. 2. Trail System. The city does not have any plans to construct a trail system through the Port Crossing Development. References to such trail system have been removed. 3. Parking and the Landscape Buffer. The applicant is requesting consideration of a modification that would permit up to one row of standard parking stalls to encroach into the landscape buffer. The recorded restrictive covenants already have such an allowance, and in fact allow parking as allowed by the Port Crossing Board. Such encroachment would require additional landscaping to screen the parking. 4. Declaration of Restrictive Covenants. The CCRs for Port Crossing have already been recorded. All reference to CCRs have been revised to refer to the recorded document and not the draft version. 5. Fire Protection, Hazardous Materials & Safety. Items 7.1 and 7.3 have been removed, these items have not been performed and are not required by the Fire Marshal. Staff confirmed with the Fire Marshal that the city's Fire Department will respond to any fire or other emergency within the Port Crossing Business Park as it is within the city's municipal jurisdiction. Additionally, the Fire Marshal reviews all building permits and those zoning permits where hazardous materials may be used or stored and performs inspections as necessary. The Planning and Zoning Commission reviewed this request at the July 16, 2015 and August 6, 2015 meetings meeting and voted to recommend approval of the Amended Development Agreement. Should this Amended Development Agreement be approved, it will supersede the previously approved Development Agreement and will function to govern any future development within the business park. The proposed development will continue to develop as it was originally intended, with warehousing, distribution, and flex industrial uses along with three commercial tracts. The Amended Development Agreement includes various exhibits that govern the development of Port Crossing: 1. Special Conditional Use Permit 2. General Plan 3. Land Use Exceptions 4. Covenants and Restrictions 5. Traffic Control Plan Action Required of Council: 1. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve the Amended Development Agreement for the Port Crossing Business Park. Approved for City Council Agenda Corby D. Alexander, City Manager Date AMENDED DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between Port Crossing Land, LP; a Texas limited partnership ("Owner -Developer"); their Successors and Assigns, including the "Other Owners" (hereafter defined) and the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the day of , 2015. Recitals This agreement amends the previous version of this agreement approved by the City Council on September 11, 2006. Owner -Developer is developing an approximately 300-acre tract in the City of La Porte, as the Port Crossing, which is referred to as the Tract and defined hereinafter in Article L Owner - Developer and the Other Owners are developing the Tract, presently zoned PUD, for retail, commercial, and business park with some industrial uses. Owner -Developer and the Other Owners shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City, Harris County, and Harris County Flood Control District. Powell Road Logistics, L.P. ("Powell Road Logistics"), a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability partnership and FLPCW, LP, a Texas limited partnership, (collectively, the "Other Owners"), the owners of certain tracts of land also containing a total of approximately 63 acres out of the Tract are joining in this Agreement for the purpose of confirming their agreement to develop their respective portions of the Tract pursuant to the provisions of this Agreement. The City has required, and Owner -Developer and the Other Owners have agreed, that the Tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner -Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of LaPorte, Texas. H-02-Amended Development Agreement (clean).docx General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on day of , 2015, and as it may be amended from time to time.. Owner -Developer means Port Crossing Land, LP or their assigns or succeeding developers (or their designated agent or agents). Tract means the approximately 300 acres of land to be developed by Owner -Developer as described in Exhibit A. 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: Exhibit A - Special Conditional Use Permit 415-91000004 ("SCUP"), as it may amended from time to time. Exhibit B - General Plan Exhibit C - Land Use Exceptions Exhibit D - Recorded Declaration of Restrictive Covenants for Port Crossing applicable to all construction and uses. Exhibit E- Traffic Control Plan ARTICLE IL GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner -Developer and Other Owners shall develop their respective portions of the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land Use Restrictions are provided for in paragraph 2.3. The Owner -Developer and Other Owners shall only be responsible for compliance with the General Plan, SCUP and this Agreement with respect to their respective portions of the entire Tract. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments H-02-Amended Development Agreement (clean).docx - 2 - to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established policies, and further agrees that land uses shall be further restricted according to Exhibit C, except for the permitted uses authorized by Exhibit "C". ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner -Developer has developed a Draft Declaration of Restrictive Covenants for Port Crossing, which are attached to this Agreement as Exhibit "D". These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit "D". The covenants and deed restrictions have been approved by the City and have been recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner -Developer. Failure of Owner -Developer to begin construction in accordance with the Special Conditional Use Permit as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner -Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian System. The Owner -Developer shall provide common open space as shown in the General Plan, including any required public sidewalks within the rights -of - way noted on the Plat on at least one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan approved by the City. In coordination with the Owner -Developer and the Harris County Flood Control District, the City will accept the drainage and detention facilities as public domain with right of entry, Maintenance of said facilities will rest solely with the Owner -Developer and the property owner's association governing the Tract. 5.2 Buffering and Beautification. The Owner -Developer shall implement a uniform and/or compatible landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (a H-02-Amended Development Agreement (clean).docx - 3 - minimum of 50' wide) shall be provided along the west side of Powell Road and shall include landscaping materials compatible with the Declaration of Restrictive Covenants. A landscape buffer, a minimum of 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the ultimate use of that adjacent property A row of standard automobile parking stalls is permitted within the Landscape Buffer subject to the following criteria: i. Shrubs are required in the Landscape Buffer within 10' of any parking area adjacent to the right-of-way and shall be spaced at three feet on center. At maturity, shrubs in a required Landscape Buffer should form a continual evergreen hedge or row of 36 inch in height. ii. A planter at the ratio of one for every ten parking spaces is required. iii. Planters (minimum 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree. Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. 5.3 Signage. The Owner -Developer shall comply with the sign standards policy, as part of the recorded Declaration of Restrictive Covenants (Exhibit "D") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business signage, street and other traffic directional devices conforming to the Tract's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner -Developer or Other Owners, as applicable, shall establish a specific schedule for the development of and construction improvements on the Tract with the end user(s). However, in lieu of and as the basis of that detailed schedule, the following work program is anticipated: Initiation of a complete engineering study, including drainage and preliminary infrastructure design. Detailed engineering design for Phase One, being all or a substantial part of the area identified herein as Section One. This would include a rail connection to the main line and a minimum spur connection to the first building anticipated, water and sanitary sewer service, initial drainage, and detention to accommodate Phase One; H-02-Amended Development Agreement (clean).docx - 4 - • Construction of Wharton Weems Blvd., Powell Road, and Export Drive shall be completed in accordance with the Traffic Study recommendations or as needed for development purposes; • Initiation of procedure to abandon and relocate a portion of Powell Road, south of the projection of Wharton Weems Blvd. within one (1) year of SCUP approval; • Platting, site plan, and detailed engineering plan review by the City of La Porte and others; • Initiation of construction pursuant to item 6.1 above, identified as Phase One; and • Continuation of remainder of development as rapidly as market demands. ARTICLE VIL FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 Hazardous Materials. The Owner -Developer agrees no hazardous materials as identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner -Developer has established a Traffic Control Plan (shown on the attached Exhibit "E") for the entire project to regulate to the extent practical project -generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will ultimately be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., to standards approved by Harris County as shown on Exhibit "B" - General Plan. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical northbound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner -Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner -Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual, Harris County, Texas, and the City Zoning Code (106- 835) pursuant to specific site plan review. Unless otherwise approved during review of preliminary plats and the Plat, driveways along SH146 entering this Tract shall be limited to a total of eighteen (18), but in all cases, each individual reserve with frontage on SH146 shall have at least one opening. Provision shall be made, where practical, for internal cross -access easements to maximize ingress, egress and circulation to minimize congestion on public rights - of -way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. H-02-Amended Development Agreement (clean).docx - 5 - 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. The Other Owners and/or Rail Logix, LP ("Rail Logix"), a Texas limited partnership, an affiliate of one of the partners of Owner -Developer, as applicable, will continue to work with City and such parties' rail consultants, as evidence of the commitment to the City to improve rail efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease current rail impacts. On -site rail facilities and operations shall be controlled by Rail Logix in order to maximize rail efficiency and minimize peak hour conflicts with vehicular traffic at Fairmont Parkway. Owner — Developer, Other Owners and Rail Logix agree and acknowledge that the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell Road. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner -Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system that would deliver 4-6,000 gallons per minute necessary for sprinklered fire protection with a loop connection to the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on "K" street south of Fairmont Parkway. The Developer will provide a drainage study for the Tract. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner -Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements in accordance with the applicable Public Improvement Criteria Manual. ARTICLE XI. BUILDING LINES 11.1 Building Lines. The Owner -Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City Code of Ordinances in effect on September 11, 2006. Within the industrial Land Uses area west of Powell Road there will be a landscaped 50- foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and building line shall be maintained. These respective 50- foot landscape buffers shall be kept free from all other uses with the exception of signage, drainage and detention improvements, and approved drives, parking and entrances. Owner -Developer agrees that other building lines will be either equal to or greater than that required by the zoning ordinance in effect on September 11, 2006, for the land use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. H-02-Amended Development Agreement (clean).docx - 6 - ARTICLE XIL MISCELLANEOUS 12.1 Sale of Tract; Assignability. Any contract by Owner -Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner - Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it's deposited. Notice given in any such other than the manner shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the City, to: If to Owner/Developer, to H-02-Amended Development Agreement (clean).docx - 7 - City of La Porte Attn: City Manager 604 West Fairmont Parkway LaPorte, Texas 77571 Port Crossing Land, LP Michael Plank 3330 S. Sam Houston Pkwy. E. Houston, TX 77047 and Port Crossing Land, LP Michael Luecht One Pierce Place, Suite 450 Itasca, IL 60143 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner -Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner -Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One -Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner -Developer shall not be or constitute a breach of this agreement by the other party of Owner -Developer. 12.11 Covenant Running With the Land. The obligations imposed on Owner Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. H-02-Amended Development Agreement (clean).docx - 8 - (This space intentionally left blank) H-02-Amended Development Agreement (clean).docx - 9 - OWNER -DEVELOPER: Port Crossing Land, LP, a Texas limited partnership By: Port Crossing Land GP, LLC a Texas limited liability company it general partner Michael J. Plank, Managing Partner Date: OTHER OWNERS: DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability company, its general partner am in Date: H-02-Amended Development Agreement (clean).docx - 10 - FLPCW, LP a Texas limited partnership By: FLP Candle GP, Inc., a Texas corporation its general partner George Cook, President Date: National Property Holdings, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner Michael J. Plank, President Date: Powell Road Logistics, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC a Texas limited liability company, its general partner Michael J. Plank, President Date: H-02-Amended Development Agreement (clean).docx - 11 - CITY OF LA PORTE, TEXAS By: City Manager Date: ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney H-02-Draft Development Agreement (clean).docx - 12 - AMENDED DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between Port Crossing Land, LP; a Texas limited partnership ("Owner -Developer"); their Successors and Assigns, including the "Other Owners" (hereafter defined) and the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the — day of 12015. Recitals 1 ul €.6.wti x•„tNiiatll�➢ti6.1tl4,'tIuc iat•c�v,WL , �c��;.wioIl �➢ of t16"', �➢�eI IeiVt �1212Ea2Iced b [lu��Cut ('�«toIWiI W ��,.,,,,N..., L 2QQL Owner -Developer is developing- an approximately 300-acre tract in the City of La Porte, as the Port Crossing, which is referred to as the Tract and defined hereinafter in Article I. Owner - Developer and the Other Owners are- developing the Tract, presently zoned PUD, for retail, commercial, and business park with some industrial uses. Owner -Developer and the Other Owners shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City, Harris County, and Harris County Flood Control District. Powell Road Logistics, L.P. ("Powell Road Logistics"), a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability partnership and FLPCW, LP, a Texas limited partnership, (collectively, the "Other Owners"), the owners of certain tracts of land also containing a total of approximately 63 acres out of the Tract are joining in this Agreement for the purpose of confirming their agreement to develop their respective portions of the Tract pursuant to the provisions of this Agreement. The City has required, and Owner -Developer and the Other Owners have agreed, that the Tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner -Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. H-03-Amended Development Agreement (showing changes).docx General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on - day of 2015, and as it may be amended from time to time.. Owner -Developer means Port Crossing Land, LP or their assigns or succeeding developers (or their designated agent or agents). Tract means the approximately 300 acres of land to be developed by Owner -Developer as described in Exhibit A. 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: " r Exhibit A - ';iae„ci.ti t'aa�14 i[iaa�utiPermit...� .wPermit°jG^;� .S 1G6D6D6Y�D6D�� "! Il I i[ "gi� w,lei u c4 tl`t•aatlrr time to time Exhibit B - General Plan Exhibit C - Land Use Exceptions ti'�' Exhibit D - Recorded Declaration of Restrictive Covenants for Port Crossing applicable to all construction and uses. Exhibit E- Traffic Control Plan ARTICLE IL GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner -Developer and Other Owners shall develop their respective portions of the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land Use Restrictions are provided for in paragraph 2.3. The Owner -Developer and Other Owners shall only be responsible for compliance with the General Plan, SCUP and this Agreement with respect to their respective portions of the entire Tract. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning H-03-Amended Development Agreement (showing changes).docx - 2 - Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established policies, and further agrees that land lases shall be further restricted according to Exhibit C, except for the permitted lases authorized by Exhibit "C". ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner -Developer has developed a Draft Declaration of Restrictive Covenants for Port Crossing, which are attached to this Agreement as Exhibit "D". These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit "D". The covenants and deed restrictions have been approved by the City and have been recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner -Developer. Failure of Owner -Developer to begin construction in accordance with the Special Conditional Use Permit as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner -Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian 'T'Pnil System. The Owner -Developer shall provide common open space as shown in Plan koz (ll the General Plan, including any required poftioll c4'p4iwu 04 ('4 trail ; vsteiwi w44iiu true lfojec°t 4public sidewalks within the rights -of -way noted on the Plat on at least one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan approved by the City. i:kilso v ij? 4 opefate w,it4 awi...a(Witioir�asisteflw p4ilu 0H lafopet•ty (Ie(tieate(9 to toe ('its ilu -ee oqt .as kVPu We"44il� 0e Qkailh�?y 4V.lei`Ng Pit �hP���.�4➢t'.��.et Ptlt141tl j`�4➢Ptl4�.r���.P'�ViP��ha;e i i teflN� oiV toe ( mesuefa� PjkoP .,, lt i., t•ec°�auyiuiee4ll �lu�ut �u�u�ll flue �irn�ul Qlle.,iu�,iu aa�` t�,he..�9etc�iutic��u l�aa�u4ll��9��ui�u�uu�,e ; �; teiw���i., �u�al�i•�a� c��9 t��e ex�uc°t laae�uti���u �urn4ll�9iiwie�u.,iaaiu., aa� tlue.,e i�ucilitic���ri., �uiul�r><Qa��wiu T�ueiu t��e..�iiu�ul 4le�luxiu i.,e�a�ai•aa*�c��ll ilu� �'it��...�,�will ��el�udu&� &line pant�iu�l��•ul ����• �u�,� ��tl`tlueu;w �uiw�•u.,..�uti lm�ulal�c° �•�e�•��•�kianiu �uiwieiui&i�..,,. H-03-Amended Development Agreement (showing changes).docx - 3 - t t4aw .a4iw e aii (l wit4 .fl � t;uduJ t4e t'ity flea e?ee° to aeeept 0e e �iiei?ities eit4ef ire ewu ex geunt of fie. 1lue iin4 wuJ ;4' time (letelstio;u Jcaau�4'4;•wud;uwiee srseflg kou (l pefiflw eteq�,. u4l c wul iuuuw 4....t4ese kieij4ie.a- s4aw J l)e toe fespolusi4iJ4e ;4' flue O wiuet' .... p )eee opei=, In coordination with the Owner -Developer and the Harris County Flood Control District, the City will accept the drainage and detention facilities as public domain with right of entry, Maintenance of said facilities will rest solely with the Owner -Developer and the property owner's association governing the Tract. 5.2A Buffering and Beautification. The Owner -Developer shall implement a nmform and/or t- - - -(Formatted: Left, Space After: 0 pt compatible landscape plan for all phases of the entire project that will address landscaping Formatted: Font: Bold provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (a minimum of 50' wide) shall be provided along the west side of Powell Road and shall include b b landscaping materials compatible with the Declaration of Restrictive Covenants. A landscape buffer, a minimum of 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the ultimate use o t at adjacent property. vallo et- ; any rtave of rMlhhffd dUt0T110biJCi Aux c7uu w .wt�ul f e l.uuu4l.wcuic ➢l�u'0`cx .w�ulp c le .^ L^ i.t'YYiltti.4 Va'It alto t u„ k2flk2vw;no s riterx.g.,. 'crrc2rrc^� i. Shrubs are reguire int eLan scapeBuffer -,vithin I(Y o guue iao l<im, ox•c. adjacent.to the right-of-way and shall be spaced at three feet on center. At maturity, shrubs in a required Landscape Buffer should form a continual evergreen hedge or row of 36 inch in heir ii. ' s, A, planter at the ratio of one for ever.tentaarking spaces.i.w x cqp� ircd. iii. Planters (minimum 135 sduare feet) shall not abut on more than two sides of rewired perimeter landscape area. Each re uq ired planter shall have one shade tree. Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. 5.3 Signage. The Owner -Developer shall �comt?ly with the sign standards policy, as part of the recorded Declaration of Restrictive Covenants (Exhibit "D") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business Signage, street and other traffic directional devices conforming to the Tract's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The 11-03-Amended Development Agreement (showing changes).doex - 4 - maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. _ _ _Syst@R4 Shall be b, _ _ detention ge system, landscape reserves,OF p4liie Fight ownef hip the open 2 b n. and Rianitenanee Of ftnd b ond b to Ai4iiele 1 Of s A gF ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner -Developer or Other Owners, as applicable, shall establish a specific schedule for the development of and construction improvements on the Tract with the end user(s). However, in lieu of and as the basis of that detailed schedule, the following work program is anticipated: • Initiation of a complete engineering study, including drainage and preliminary infrastnucture design. • Detailed engineering design for Phase One, being all or a substantial part of the area identified herein as Section One. This would include a rail connection to the main line and a minimum spur connection to the first building anticipated, water and sanitary sewer service, initial drainage, and detention to accommodate Phase One; • Constriction of Wharton Weems Blvd., Powell Road, and Export Drive shall be completed in accordance with the Traffic Study recommendations or as needed for development purposes; • Initiation of procedure to abandon and relocate a portion of Powell Road, south of the projection of Wharton Weems Blvd. within one (1) year of SCUP approval; • Platting, site plan, and detailed engineering plan review by the City of La Porte and others; • Initiation of constriction pursuant to item 6.1 above, identified as Phase One; and • Continuation of remainder of development as rapidly as market demands. ARTICLE VIL FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 7.1 Hazardous Materials. The Owner -Developer agrees no hazardous materials as identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 11-03-Amended Development Agreement (showing changes).docx - 5 - ARTICLE VIIL TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner -Developer has established a Traffic Control Plan (shown on the attached Exhibit "-PE") for the entire project to regulate to the extent practical project -generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will ultimately be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., to standards approved by Harris County as shown on Exhibit `B" - General Plan. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical northbound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner -Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner -Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual, Harris County, Texas, and the City Zoning Code (106- 835) pursuant to specific site plan review. Unless otherwise approved during review of preliminary plats and the Plat, driveways along SH146 entering this Tract shall be limited to a total of eighteen (18), but in all cases, each individual reserve with frontage on SH146 shall have at least one opening. Provision shall be made, where practical, for internal cross -access easements to maximize ingress, egress and circulation to minimize congestion on public rights - of -way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. The Other Owners and/or Rail Logix, LP ("Rail Logix"), a Texas limited partnership, an affiliate of one of the partners of Owner -Developer, as applicable, will continue to work with City and such parties' rail consultants, as evidence of the commitment to the City to improve rail efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease current rail impacts. On -site rail facilities and operations shall be controlled by Rail Logix in order to maximize rail efficiency and minimize peak hour conflicts with vehicular traffic at Fairmont Parkway. Owner — Developer, Other Owners and Rail Logix agree and acknowledge that the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell Road. ARTICLE X. UTILITIES, DRAINAGE 11-03-Amended Development Agreement (showing changes).docx - 6 - 10.1 Utilities, Drainage. The Owner -Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system that would deliver 4-6,000 gallons per minute necessary for sprinklered fire protection with a loop connection to the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on "K" street south of Fairmont Parkway. The Developer will provide a drainage study for the Tract. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner -Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements in accordance with the applicable Public Improvement Criteria Manual. ARTICLE XL BUILDING LINES 11.1 Building Lines. The Owner -Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City Code of Ordinances in effect on September 11, 2006. Within the industrial Land Uses area west of Powell Road there will be a landscaped 50- foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and building line shall be maintained. These respective 50- foot landscape buffers shall be kept free from all other uses with the exception of signage, drainage and detention improvements, and approved drives, parking and entrances. Owner -Developer agrees that other building lines will be either equal to or greater than that required by the zoning ordinance in effect on September 11, 2006, for the land use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XIL MISCELLANEOUS 12.1 Sale of Tract; Assignability. Any contract by Owner -Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, 11-03-Amended Development Agreement (showing changes).docx - % - insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner - Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it's deposited. Notice given in any such other than the manner shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the City, to: City of La Porte Attn: City Manager 604 West Fairmont Parkway LaPorte, Texas 77571 If to Owner/Developer, to: Port Crossing Land, LP Michael Plank 3330 S. Sam Houston Pkwy. E. Houston, TX 77047 and Port Crossing Land, LP Mark 4++dtR�n Michael Luecht One Pierce Place, Suite 450 Itasca, IL 60143 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 11-03-Amended Development Agreement (showing changes).docx - 8 - 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner -Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner -Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One -Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner -Developer shall not be or constitute a breach of this agreement by the other party of Owner -Developer. 12.11 Covenant Running With the Land. The obligations imposed on Owner Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. (This space intentionally left blank) H-03-Amended Development Agreement (showing changes).docx - 9 - OWNER -DEVELOPER: Port Crossing Land, LP, a Texas limited partnership By: Port Crossing Land GP, LLC a Texas limited liability company it general partner By: R+t,,,^ T�1Vlichael J. Plank.V'i^^ ) ^,'�a^^ Manacinc Partner _ - J Formatted: Font color: auto -------------- ----------------------- Date: OTHER OWNERS: DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability company, its general partner By: By: Date: 11-03-Amended Development Agreement (showing changes).docx - 10 - FLPCW,LP a Texas limited partnership By: FLP Candle GP, Inc., a Texas corporation its general partner By: George Cook, President Date: National Property Holdings, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By: Michael J. Plank,- President Date: Powell Road Logistics, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC a Texas limited liability company, its general partner By: Michael J. Plank, President Date: 11-03-Amended Development Agreement (showing changes).docx - I I - CITY OF LA PORTE, TEXAS By: City Manager Date: ATTEST: Martha Gillett, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney Exhibit C H-03-Amended Development Agreement (showing changes).docx - 12 - � 1 A ■ R � City of La Porte Special Conditional Use Permit #15-91000004 This permit is issued to: Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port Crossing B5, L.P. Owner or Agent 3330 S. Sam Houston Parkway E., Houston, Texas 77047 Address For Development of: Port Crossing Business Park: Approximately 300 acre mixed use development (formerly Texas Import Export). Development Name Legal Description: 300 acres of land out of the George B. McKinstry League, A 47, William Harris Survey, A-30, Johnson Hunter Survey, A-35, and more particularly described in the Development Agreement Zoning: PUD, Planned Unit Permit Conditions: This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: I. This Special Conditional Use Permit -(SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development Agreement). 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP supersedes SCUP 906-006. 4. This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and are a part of the Amended Development Agreement. 5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106-217 of the City of La Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required. 6. The business park identification and entry features shall remain and be maintained as constructed unless approved by the City Council. 7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within any part of the 300 acre Port Crossing business park. Any gas station that provides for truck parking, or contains more than one diesel dispenser for every ten (10) gasoline dispensers, � 1 A ■ R � or has a canopy over the dispensers that is greater than sixteen (16) feet in height shall also be deemed a truck stop. �. Within reserves E, Jl, and L fronting State Highway 146, warehouses are prohibited if the warehouse has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on more than two sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and unloading operations. Additionally, each building located thereon must have grade -level store -front entries with windows facing Highway 146. Where warehouses exceed 200,000 square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. 10. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. To the extent there is a conflict between those laws and ordinances and this SCUP, the SCUP controls. 11. This SCUP is binding on all owners of property included in the Legal description and their successors and assigns. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development has been abandoned, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of LaPorte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary A,WAMN ■ SITE METES AND BOUNDS Being an approximate.293.8036 acre tx'act. in -the Town of LaPorte,, Texas recorded in o`011une Page ' ` ' ' , Harris County need Records, a -at of. the W, P. Harris Survey'A-30, the -George B. MciC.i.nstry Survey A 47, and the Johnson- hunter Svxvey A--35, Barris County, Texas, and .being =re particularly described by metes and bounds it's fo llowts BEGINNING at a'point at tha northeast corner of. formerly dedicated Bloch 1170 on the Southern boundary of "M" Street on the western right of way boundary -of SH 146 ma=ked. by a-1rImiB; THENCE southexly 5,75G.52 feet along -the western right-of-way houridary of SH 7.46 to the northern bounddary of McCabe Road, THENCE westerly along the northern right-of-way of McCabe Road 1, 400' to the western boundary of the -Union Pacific Railroad right-- of-way (Save and.except the•area of the existing Dowell. Road. and/or the proposed re -located Powell Road); THENCE' nerthexly 4,328.52 feet along the.•eastern botmdary 01 8he Union Pacific Railroad right-of-way to a point 326,66 feet 06 59' 35" west of the northeast Corner of the•Gaorge B. McRinstry Survey gave and except a 6.3192 acre tract, described as follows.' OUT 'BRACT . Being a 6.3192 acre tract of land out of a poxtiOn of Blocks 1203 and 1204, in the Town of La Porte, recorded in Volume 60, page 112, Harris County Lead Records, out Of the George B. McRinstry Suvey, A-47, and.the Johnson, Sumer Survey, A-35, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point 255.37 faet North of the Northerly. right-of-way of the formerly dedicated west Street; THENCE South 020 56139" East along the Westerly right- of-way 'of Powell Road (60 .feet wide) , including that pardon of the formerly dedicated West 0 Street lying within, a distance of 300.00 feet to a 5/8 inch iron rod set for corner; TH wcz South 86° 59' 35" West, to the Southern Pacific izAi•lroad r.laht-of-way including that portion of formerly dedicated 17th Street lying within, a distance of 917.23 feet to a 5/8 iron rod set for corner; TKEDICE North 030 031 22" West, along the eastern houndary of the southern Pacific Railroad right-of-way, a distance of 300.00 feet to a 5/8 inch iron rod found for corner; THENCE Woxth 860 59' 3311 East, a distance of 917.84 feet to the Point of Beginning. EXHIBIT -2_, THENCE easterly to the northeast agrner• o:e the McRinsfiry Sus-7ey; THENCE north 020 56' 39" a, distance of :20 'feet to a 5/5 inch rR; THENCE easterly 860 59' 25" 652.0 feet to the eastern hotindaxy of Powell Road (Save and except the 60- taotarea included' �n the z:ight- of-way of said Powell Road); THENCE Northerly along the eastern hcundax of Powell Road right- of-way 385.0 feet to a 5/8" YP? THENCE tq8S"53' 3,911 765.50 feet to a point m ked by a 5/8" T.P; THENCE IN 020 56' 39" a distance of 740 •0 Q fe-et to the southern boundary of West "M" : Street to a. 5/8" ip; THENCE N 860:^591 ' 35" along the southern boundary of West "M" stxee-t to a. 1" iR on the western botuzdary of SH 7.46. right-of-way. the point of beginning, a distance of 823.28 -feet. EXHIBIT METZS ANI3 AOVNDS D96CRIPTION s,aao AGiilE9 (217,a00 SOUARE TUT) deina.5,000 eorea 017,805 sgaara feet) nt land sit"tid in the William P, Harris Ourvey, Abbt-at 30, Narrii ca'unty, Texa,,'end being out of that certain 135.2610 Rare tract of Sind conveyed to 5/C Mahaomment 84, LTD. by instrumant recorda4 undar rill Number D4890AS ktd Film Code 130-26-2084 of the Harris Coutitjr:O>?Eioial , Vt>bt-ic A*00rda of steal Property; said 8,000 ■area (217,800 Square feet) of ]-and being mars particularly daecribed by metes 'and: baun4s as folJOWa (all byarinaa era referanced'Co the monu►uented south line o: said 235,2610 scr* tract, 4066 bein4. the north right-of-way lijss of NcCAb• Road, bayed an B9 legit iri•yrldth and racordad in Volume 872, Pape 346 and in VOluma'811, 1496 348 of the 8arrta county Dead Accords;; CoMxSN4I1NO ab.a Texan Oepsrtment Of TrIAASPOrAtian 4"a4" concrete mo:tumeAt found for t ha' southeast corner of said 235.2619 ease• tract and being tho interbaction o6 the north right-of�.xay line of . said McCabe Xeosd with the went right -of -Hay lino Pt:Stxte Highway 1.46, varying in widthf THENCE S 86-04-24 R 865.b6 feet, tirith the South lime of amid 235.2619 care -tract, to a 5/8 inrh iron rod .found for,.t,he latersecEion of the north right-of-way lint of sold Ma4,bd'Aaad wi"tih the weit-right-of-way limy of a peopoxcd ekteneicn, o4 Dowell Roi4 (ls.h 8treat); balled on 60 feet in width, and being the PLACE OF bIGINNINO and the aoutheaat IMOC of the hrrgib des'oribed t.sat of Sand; THENCE a 06.05-24 N 466,47 feet, With the north right-of-VAy line vf- said McCabe Aq,*C to a S/8 inch iron rod found far t4a.• soathw*at Warner a! e&id 27$.261R Acre Exact and, being the southwest oorner ct th.ia tract and Alao being the southadst corner of an unrecorded 60-foot wide road m ookent; THENCE N 10-04-16 w (callcd'N 10-01-47 W) 44J,47 •left, With the wa.xt line of said 236,2619 nor• tract, acme being the *eat line of said unrecorded 60-toot uide rood aUSement, to a 5/$ irioh iron :od with cap set 'or the northwest carnsr o: this tktct; ' THENCE N.Qp -05-24 8 521.50 feet to a 5/0 fnoh,iron-cod xith•cap ,at for the northeast •evrnex of thin 'tract and ]saint[• in'tha.vvst .right-of-iay line of said proposed extan,aion of Powell Rood; TUNCE 8 02-56-39 E 444+97 feet to the PLACE or WI10ftxnv and csnrsining 3,000 acres (217,800 square feet) of land. The'seas otatad in ■crab ie anmpdtibla with the al1'awabIa, p+_ecLaian of closure fat Chia bUrvey, The area Atatod fin. oquar*,. feet in a calculated value only. 1111 5/6 inch node with cans ' era mark*d "Terse La.,d 8urvsying", �4ltJgy� 1>E'ffdR+L .1NlLt�t9� . Raiis Pekar G. Niilma + •r'•.e 17�� *tea *oxastR*eistrteion1Noa1Land Surveyor 1742 i,1o6r{ +q,yl TORAa hand SUrvoying, Inc. P.a, Aux a825 Pas:d*na, Texae 71608 (201) A87,5966 Job Na, 381-001B March 27. 200C WESeU. STREET J - - ' :a oNZw o =iw II Sq� IQ N 8fi54'30" E 7853 >a ¢'a 9 I � I I �n �m N 88'54'W E N 8854'04' E 851.80' m I ]]fi.fiJ'El ! w 3 n u ..�6. � 'R 'mom o�g 5 6 xo so ws� 5 885]'38' w 918.19' ;m x EXPORT DRIVE ea n.rv. 0:.c x.x 'n � 6,c xa. soa]oo. x.crl.Rl S$ "Colo zQ ¢¢U w ti '-Os4 �a UJ Q'Q oa',��� W WCL wzo° I N-52'3B" E 917.69' I I I p Nu •N �� H€ ^la E w I i >m5 rcr w Wf2 w�� uy ws 5 d of s� ¢. �I w.seo - I I o� I mU w 6q I 1 I I ¢ _<r_c_oc oo'. mHHQRTON WEEI rv'. 6.c. xo. Q Iwe;� a .LLm $ Wm—x — w -2 I I I I ¢fm� I I i 8 > I�$ wmrtl I I w� ws 5 I I I QoE R+mz I N m�� w m K L r M I I I � Q R� x xRl I 9 88tl1'43' w t392.08' I IAcCAfiBeEOROAD me tl I xcxx, I a S BLVp J I I L S � G rn9 I w I � I r ry / S i Exhibit C Land Use Exceptions' In reserves where the General Plan indicates "GC" uses, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under GC (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use Residential Uses In reserves where the General Plan indicates "BP' uses, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under BI (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Off Premises Signs In reserves where the General Plan indicates "LP' uses, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under LI (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) ` Attached to and incorporated into this exhibit is the use chart for the City of La Porte Zoning Ordinance as of September 11, 2006. To the extent that the zoning ordinance for the City of La Porte has been or is amended, after the date Special Conditional Use Permit 4SCU06-006 was first adopted, to modify, eliminate or replace the permitted uses or the districts described in this exhibit, this exhibit controls unaffected by any change. Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) In Reserve "A4" labeled "Rail Yard" on the General Plan, all uses permitted in the City of La Porte Zoning Ordinance Use Chart effective on September 11, 2006, under LI (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning Ordinance associated with rail services such as: A rail yard with a maximum of 22 rail lines is permitted. Rail service to and distribution from warehouses proposed; Rail service to light manufacturing not otherwise exempted herein. 79 LA PORTE CODE Sec. 10 79. Special regulations and procedures. Refer to a - les IV, V, VI and VII of this chapter. Secs. 106-480---106'.)(95. Reserved. SubdNsion 1-V GC General Commercial Sec. 106-496. Purpose. The purpose of the GC general com rc service outlets which deal directly with furnished. The uses allowed in this district market scale and located in areas which are ms to provide for Iow intensity, retail or er for whom the foods or services are provide goods and services on a community grved by collector or arterial street facilities. Sec. 106-497. Permitted, access o , and special c ditional uses. Refer to Table A, commercial se. section 106-441. Sec. 106-498. Density/i ensity regulations. Refer to Table B, mercial area requirements, section 106-443. Sec. 106-499. peciai regulations and procedures. Refer t articles IV, V, VI and VII of this chapter. 106-500-106-520. Reserved. DIVISION 4. INDUSTRIAL DISTRICT REGULATIONS Subdivision L Generally Sec. 106-521. Table A, industrial uses. (a) Table A, industrial uses. P (ABC) — Permitted uses (subject to designated criteria established in section 106-523). P --- Permitted uses. A — Accessory uses (subject to requirements of section 106-741). C — Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-523). Supp. No. 2 CD106:64 ZONING * — Not allowed. Uses (SIC Code #) All uses permitted or accessory in the GC zone, except residential All uses conditional in the GC zone, except residential Nownanufacturing Industries: Adult oriented business Air transportation (451-458) General contractors, heavy construction (161, 162, 1541) Highway transportation terminal and ser- vice facilities (417) Motor freight transportation and warehous- ing (421, 423) Farm product warehousing and storage (4221) Public warehousing (4222-4226) Railroad transportation (401) Shipping container, or fabricated plate work (3443) Storage inside Storage outside (refer to Section 106- 444(b)) Wholesale trade: Durable goods —light (502, 504, 507, 5082, 5087, 5094) Durable goods --medium (501) Durable goods —heavy (503, 5051, 5082- 5085, 5088) Durable goods --heavy (5052, 5093) Wholesale trade: Nondurable goods —light (511-514, 518) § 106-521 Zones BI LI HI P P P C C C �z P(G) P P P P P P P P P P P * P P P P P i P P(ACDE) P(ACDE) P ;J' P(ACDE) P P P P P P C P * 1= P P P P Supp. No. 4 CD106:65 § 106-521 Uses (SIC Code #) LA PORTE CODE Nondurable goods —medium (5172, 5191- 5199) Nondurable goods —heavy (515, 516, 5171) Manufacturing Industries: Chemicals and allied products (282----285) Electrical and electronic equipment and supplies Light (361-365, 367) Medium (361, 366, 369) Fabricated metal products and machinery Light (341-345, 358, 3592) Medium (3493, 3498, 351-353, 356) Heavy (346, 347, 354, 355, 357) Heavy (348) Food and kindred products Light (202, 205, 2065-2067) Medium (2086, 2087, 2092-2099) Heavy (201, 203, 204, 2062, 2063, 207, 2082--2085) Leather and leather products (311-319) Welding shops (7692) Lumber products, furniture and fixtures Light (251-259) Medium (243-245) Heavy (249) Measuring, analyzing and controlling in- struments (381-387) Miscellaneous manufacturing (391-396) Machine shops (3599) Miscellaneous manufacturing industries (3991-3995) Off -premises freestanding signs Zones BI LI III C P P * * P P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P * P(ACDE) P it P P(ACDE) P(ACDE) P C P(ACDE) P C P C P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P C P(ACDE) P .J. C P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P P(ACDE) P(ACDE) P * P(ACDE) P See article VIl of this chapter Supp. No. 4 CD106:66 ZONING § 106-521 Uses (SIC Code #) Zones BI LI HI On -premises freestanding signs See article VII of this chapter Paper and allied products (265-267) 4` * P Printing and publishing (271-279) P(ACDE) P(ACDE) P Rubber and miscellaneous plastics (301, 302, 304, 306, 307) * C P Stone, clay, glass and concrete (321-325, 3261, 327-329) * C P Tank truck cleaning "` * P Textile mill, and finished products Light (224, 225, 231-239) P(ACDE) P(ACDE) P Medium (222, 223, 226, 229) * P(ACDE) P Tobacco manufacturers (211-214) * P(ACDE) P Loading berths at the front or sides of buildings adjacent to R.O.W. C C C Industrial PUD (refer to section 106-636) C C C Facilities in excess of height restrictions imposed in section 106-522 * * C Unlisted uses, similar to uses listed above C C C (b) Interpretation and enforcement. Property uses, except as provided for by section 106-521(a), Table A, are prohibited and constitute a violation of this chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. Supp. No. 4 CD106:67 § 106-521 LA PORTE CODE B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Cycles per Second 20 to 75 75 to 150 150 to 300 300 to 600 600 to 1,200 1,200 to 2,400 2,400 to 4,800 Above 4,800 Impact noise Maximum Sound Levels — Decibels H Residential Lot Line District Boundary 78 63 74 59 68 55 61 51 55 45 49 38 43 31 41 25 80 55 Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. In distances where it is determined that a proposed land use may generate a level of noise that will impact on surrounding land uses, the planning and zoning commission Supp. No, 4 CD 106:68 ZONING § 106-522 and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. (Ord. No. 1501U, § Mart. B), 9-23-96; Ord. No. 1501-AA, § 6, 3-23-98; Ord. No. 1501-BB, § 5, 9-15-98; Ord. No. 1501-II, § 5, 3-27-00) Cross reference —Sexually oriented businesses, § 90-31 et seq. ec. 106-522. Table B, industrial area requirements. Table B, industrial area requirements. , Uses BI business -industrial park; all permitted or conditional Ll light industrial district; all permitted or conditional HI heavy industrial district; all permitted or conditional Loading docks Outside storage Shipping containers On- and off -premises free- standing signs Freestanding on -premises signs located in controlled ac- cess highway corridors (b) Footnotes. Adjacent to Residential Minimum Minimum Yard Yard Minimum Maximum Setbacks Setback Landscaping Lot F.R.S. F.R.S. Maximum .Requirements Coaetage 1, a, a 2, G Height (percent) (percent) (feet) (feet) (feet) 6 50 50-40-30 50- -30 45 6 70 20-10-10 30-50-50 45 6 30 50-50-3 100-150-150 456 N/A N/A 130 30-130 Same as N/A principal use plus 130 ft. N/A 20-10-5 Same as Section 106- principal 444(b) use 6 N/A 50-50-30 100-150-150 367•8 See antic VII of this chapter See article VTNf this chapter 1. A minimum Ian cape setback of 20 feet will be required a 'acent to all designated conservation/obuildings, reas. Buildings, parking areas, loading docks, outside storage, and I on mers will not be allowed in such setback areas. T se areas are to be d with trees, shrubs, and ground cover, with a planting p n required to be ed and approved by the enforcement officer. Required lands ping must be ned by the property owner and/or occupant. ings, parking areas, loading docks, outside storage, or refuse cunt 'Hers will ed in such setback areas. These areas are to be landscaped with trees, hrubs nd cover, with a planting plan required to be submitted and approved b the ent officer. Supp. No. 4 CD106:69 EXHIBIT D DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS PORT CROSSING H-\\ssdcl\home$\rplank\LaPorte Property\City of LaPorte\Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC TABLE OF CONTENTS Article Pale Number 1. PERMITTED AND PROHIBITED USES........................................................................... 2 2. ARCHITECTURAL CONTROL.......................................................................................... 2 3. CONSTRUCTION -RELATED RESTRICTIONS................................................................ 4 4. MAINTENANCE OF PROPERTY...................................................................................... 8 5. INSURANCE, INDEMNITY AND CASUALTY LOSS ...................................................... 8 6. ENVIRONMENTAL REMEDIATION.............................................................................. 10 7. ENFORCEMENT............................................................................................................... 10 8. COVENANT FOR MAINTENANCE ASSESSMENTS................................................... 11 9. PROPERTY OWNERS' ASSOCIATION........................................................................... 14 10. SEVERABILITY................................................................................................................ 14 11. ADDITIONAL RESTRICTIONS....................................................................................... 15 12. TERM................................................................................................................................. 15 13. AMENDMENTS................................................................................................................ 15 14. MISCELLANEOUS........................................................................................................... 16 H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC - 1 - DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT, PORT CROSSING LAND, LP, a Texas limited partnership (hereinafter called the "Developer"), being the owner of certain tracts of land containing a total of approximately 231 acres in Harris County, Texas, being more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (said tracts of land being hereinafter referred to as the "Port Crossing" or "Subject Property") and any portion thereof platted as a separate tract or conveyed to third parties or developed by Developer or an affiliated entity being hereinafter referred to as a "Tract", for the purpose of adopting a uniform plan for the benefit of the present and future owners of any portion of the Port Crossing, does hereby adopt and establish restrictions, covenants and easements as hereinafter provided for the Subject Property. Powell Road Logistics, L.P., a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability limited partnership and FLPCW, LP, a Texas limited partnership, the owners (collectively, the "Other Owners") of certain tracts of land also containing a total of approximately 63 acres, Harris County, Texas, being more particularly described in Exhibit B attached hereto and made a part hereof for all purposes (said tracts of land also comprising part of the "Port Crossing" or "Subject Property') are joining in this "Declaration" (hereafter defined) for the purpose of adopting and establishing the restrictions, covenants, and easements as hereinafter provided for the portion of the Subject Property owned by the Other Owners. Port Crossing, when platted and following the realignment of certain roads, will comprise approximately 300 acres. Developer contemplates developing Port Crossing in a manner which will include public streets, a water distribution system, a sanitary sewer system, and drainage/detention facilities within the Subject Property and Developer reserves the right to create such public streets and utility -related facilities. Any portions of the Subject Property reserved or restricted or conveyed to the "Association" (hereafter defined) for private streets, utility facilities, and landscaping shall not be subject to "Assessment" (hereafter defined). Additionally, any portion of the Subject Property dedicated for utility facilities (excluding, however, any portion of a Tract) or conveyed to governmental authorities shall not be subject to the restrictions contained in this Declaration, except for the prohibited uses described in Article 1. Developer, for itself, and its successors and assigns, and the Other Owners (as to the portion of the Subject Property owned by each of the Other Owners, respectively) hereby declare that the Port Crossing and each part thereof shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, equitable servitude and other provisions set forth in this Declaration Of Protective Covenants And Easements ("Declaration"). The Tracts and Private Facilities within the Subject Property shall be subject to the jurisdiction of the "Association" (hereafter defined). The covenants, conditions, restrictions, limitations, reservations, easements and equitable servitudes shall run with, inure to the benefit of, and shall be binding upon, all of the Subject Property, and each Tract and any common area therein, and shall be binding upon and inure to the benefit of (a) the Developer, its successors and assigns, (b) the Association and its successors and assigns, and (c) all persons or entities (the "Owner(s)") having or hereafter acquiring any right, title, or interest in or to any portion of the Subject Property and their heirs, legal representatives, successors and assigns, other than for security purposes. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 1. PERMITTED AND PROHIBITED USES No Tract or portion of the Subject Property shall be used for any purposes, except for office, research and/or development, retail (subject to the further limitations herein contained), commercial, commercial processing, servicing, light industrial, manufacturing, retail sales of industrial products by manufacturers thereof or by manufacturer's representatives, warehousing or distribution purposes and services ancillary to such uses, or any combination of such uses, and heavy industrial if approved by Developer in writing. No use shall be permitted which (1) is offensive by reason of odor, fumes, dust, smoke, noise, vibrations, radiation, radio interference or pollution, (2) is hazardous by reason of excessive danger of fire or explosion, (3) otherwise constitutes a nuisance, (4) is dangerous or unsafe, (5) would injure the reputation of the Subject Property, or (6) is in violation of any city, county, state or federal law, regulation or ordinance. The following uses shall not be permitted in or on any portion of the Subject Property: (1) any distilling, refining, smelting, meat, poultry or fish processing plant, agricultural or mining operation; (2) any mobile home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); (3) junk yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking yard, salvage yard, asphalt plant, any storage, dumping, disposal, incineration or reduction of hazardous waste, garbage or refuse, bus station, any fire or bankruptcy sale or auction house operation, or as an airport. (4) any mortuary or funeral home; (5) school, church or governmental office (other than a research or development or business office that does not have customers); (6) any drilling, refining, quarrying or mining operations of any kind, (7) any establishment whose primary business is the sale or rental or display of sexual materials or drug related paraphernalia or whose primary business is providing any adult only or sexually oriented service or product including, but not limited to, massage parlors, topless establishments, any "adult" bookstore or "adult" movie theater; (8) any flea market, bowling alley, nightclub, bar, lounge, tavern, theater, amusement park or video arcade; provided, however, that this prohibition shall not prohibit placement of video machines that are incidental to the conduct of a permitted business at the Subject Property; and (9) any gaming facility or operation including, but not limited to, off- track or sports betting parlor, table games such as blackjack, poker, slot machines, video poker, blackjack, keno machines or similar devices or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to any government -sponsored gaming activities or charitable gaming activities so long as such governmental or charitable activities are incidental to the business being conducted by the occupant of that portion of the Subject Property and do not occur regularly. The use of any portion of the Subject Property by any Owner shall be subject to all laws, regulations, codes and ordinances of all applicable governing authorities, including, without limitation, any zoning ordinances. In the event of any conflict between the terms of this Declaration and the terms of any such law, code, regulation or ordinance, then the provisions of this Declaration or any law, code, regulation or ordinance which is stricter shall govern. 2. ARCHITECTURAL CONTROL A. Plan for Development. The plan for the development of the Subject Property contemplates the centralization of architectural control to enhance, insure and protect the attractiveness, beauty and desirability of the Subject Property as a whole. It is accordingly covenanted and agreed that (i) no building, structure or any appurtenances thereto of every type or kind, including, without limitation, patios, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes, drives, driveways, parking areas, fences, roofs, screening, walls, retaining walls, stairs, decks, fixtures, poles, exterior tanks, solar energy equipment, exterior air conditioning fixtures and equipment, exterior lighting, radio, conventional or cable or television antenna or dish, microwave television antenna and/or landscaping (collectively herein referred to as the "Improvements") shall be commenced, erected, constructed, placed, or maintained upon any portion of H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 2 the Subject Property and/or (ii) any exterior modification, renovation, expansion, restoration or repair (if different from the original exterior construction) change or alteration be made to any Improvement shall be commenced, erected, constructed, placed, or maintained upon any portion of the Subject Property until in the case of (i) or (ii), above, the plans and specifications therefor ("Plans") showing the nature, color, kind, shape, height, materials and location of the same (including site landscaping, drainage and grading plans and utility layout) have been submitted to and approved in writing as to harmony and external design and location and relationship to surrounding structures and topography by Developer until the "Transfer Date" (hereafter defined) and thereafter by the "Board" (hereafter defined). The drainage plans shall cause the Subject Property to be drained in a manner so that no standing water remains for any extended period of time following any precipitation and the Subject Property does not become a breeding ground for mosquitoes. All references in this Article 2 and in Article 3 hereafter made to the Board shall refer to the Developer prior to the Transfer Date and thereafter to the Board. In the event that the Board fails or refuses to approve or disapprove such design or location within thirty (30) days after the Plans have been submitted to it, it will be deemed that the Board has approved such Plans. In the event of damage or destruction of any Improvement, approval shall be granted by the Board for the restoration of Improvements if the Improvement is to be restored in substantial accordance with the original approved Plans. If the Improvements will not be restored in accordance with the original approved Plans, then the Plans for such restoration shall be subject to approval in the same manner as the original Improvements to the Tract. All decisions of the Board shall be final, conclusive and binding and there shall be no review of any action of the Board. B. No Representation or Warranty; Limitation of Liability. No approval of Plans shall ever be construed as representing or implying that such Plans will, if followed, result in a properly constructed structure complying with all applicable legal requirements or built in a good and workmanlike manner or be deemed approval of the Improvement from the standpoint of safety, whether structural or otherwise. Neither the Developer, the Association, nor any members of the Board shall be liable in damages to anyone submitting Plans for approval, or to any Owner or occupant of any part of the Subject Property affected by this Declaration, by reason of or in connection with the approval or disapproval or failure to approve any Plans submitted. Every person who submits Plans for approval agrees, by submission of such Plans, and every Owner or occupant of any portion of the Subject Property involved herein agrees, by acquiring title thereto or any interest therein, that such person will not bring any action or suit against the Developer, the Association, or any of the members of the Board to recover any such damages. C. Inspection of Improvements. The Board or its duly authorized representative, as well as the City of LaPorte ("City'), shall have the right, but not the obligation, to inspect any Improvements to a Tract prior to or after completion of any Improvements. D. Notice of Completion. Promptly upon completion of any Improvements, Owner shall deliver a notice of completion ("Notice of Completion") to the Board and the City and, for all purposes hereunder, the date of receipt of such Notice of Completion by the Board shall be deemed to be the date of completion of such Improvements, provided that the Improvements are, in fact, completed as of the date of receipt of the Notice of Completion. E. Notice of Non -Compliance. If, as a result of inspections or otherwise, the Board and/or the City finds that any Improvement has been constructed or undertaken without obtaining the approval of the Board and/or the City, or has been completed other than in substantial conformity with the Plans furnished by the Owner to and approved by the Board and/or the City, as applicable, or has not been completed within a reasonable period of time (as agreed upon by the Board and/or the City, or, if no agreement, as determined by the Board and/or the City, in its sole good faith discretion) after the date of approval by the Board and/or the City (as determined by the Board and/or the City), subject to delays due to "Force Majeure" (hereafter defined) causes, the Board and/or the City shall notify the Owner and the City or the Board, as applicable, in writing of the noncompliance, which notice (the "Notice of Noncompliance") shall be given, in any event, within sixty (60) days after the Board and the City receive a Notice of Completion from the Owner. The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be reasonably necessary to remedy the noncompliance. The Notice of Noncompliance may be filed in the public records and the cost of preparing and filing the same and the release thereof shall be paid by such Owner. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 3 F. No Waiver or Estoppel. No action or failure to act by the Board shall constitute a waiver or estoppel with respect to future action by the Board. G. Variances. The Board may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures within set -back lines established by this Declaration, on a plat (or plats) of the Subject Property, parking requirements, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when such variance would result in a more common beneficial and/or efficient use and not detract from the overall development plan for the Subject Property as determined by the Board. Such variances must be evidenced in writing and shall become effective when signed by a majority of the members of the Board. The granting of a variance in one instance shall not require the Board to grant a similar variance for another portion of the Subject Property. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; PROVIDED, HOWEVER, THAT THE GRANTING OF AVARIANCE SHALL NOT OPERATE TO WAIVE ANY OF THE PROVISIONS OF THIS DECLARATION FOR ANY PURPOSE EXCEPT AS TO THE PARTICULAR TRACT AND PARTICULAR PROVISION HEREOF COVERED BY THE VARIANCE, NOR SHALL THE GRANTING OF A VARIANCE AFFECT IN ANY WAY THE OWNER'S OBLIGATION TO COMPLY WITH ALL GOVERNMENTAL LAWS AND REGULATIONS AFFECTING THE PROPERTY CONCERNED, INCLUDING, BUT NOT LIMITED TO ZONING ORDINANCES OR REQUIREMENTS IMPOSED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION. THE OWNERS ACKOWLEDGE THAT ONLY THE CITY SHALL BE AUTHORIZED TO GRANT VARIANCES AND SPECIAL EXCEPTIONS TO THE CITY ZONING ORDINANCE AND GOVERNMENTAL LAND USE RESTRICTIONS THROUGH THE ZONING BOARD OF ADJUSTMENT. THE BOARD AGREES TO INFORM THE CITY IN WRITING ("VARIANCE NOTICE") PRIOR TO THE GRANTING OF ANY VARIANCE REQUEST OF THE ISSUE UNDER CONSIDERATION AND THE PROPOSED ACTION BY THE BOARD SO THAT THE CITY CAN VERIFY THAT THE PROPOSED VARIANCE, IF GRANTED, WOULD NOT VIOLATE ANY ZONING ORDINANCES, LAND RESTRICTIONS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THAT CERTAIN DEVELOPMENTAGREEMENT DATED ON OR ABOUT THE DATE HEREOF BETWEEN DEVELOPER AND THE CITY, AND JOINED IN BY THE OTHER OWNERS. If the City objects to the granting of the variance, the City shall notify the Board (through its representative designated in the Variance Notice) within ten (10) business days following the City's receipt of the Variance Notice. If the City fails or refuses to approve or disapprove the variance request within such ten (10) day period, the City will be deemed to approve such variance request. K� CONSTRUCTION -RELATED RESTRICTIONS A. Exterior Materials. Each of the Improvements to be located on any portion of the Subject Property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished (in a manner approved in writing by the Board in their discretion) concrete and/or glass, or of an equivalent, permanent, architecturally -finished material to finished grade. All exterior finishes shall be approved by the Board. No Improvement shall be covered with aluminum, iron, steel or other metal surface or finish unless previously approved in writing by the Board. Sidewalks of a design and location approved by the Board shall be constructed along one side of the right-of-way of all dedicated public streets (except State Highway 146) abutting any property line. Any concrete block exterior surfaces shall be painted. All exterior tilt -up concrete walls must be painted unless constructed with decorative aggregate exterior designs. B. Building Set Backs. No building or structure or other facility of any nature shall be constructed or erected on a Tract between the adjoining street or roadway right-of-way line or adjoining side or rear property lines and the "Set Back Lines" (defined below) which shall run parallel to the Property as follows: H-Final Version of Declaration of Protective Covenants and Ease me nts(620880_4).DOC (1) For all buildings or other structures which are located along State Highway 146, the "Set Back Lines" along such streets and roadways shall be a minimum of fifty feet (50'); (2) For all buildings or other structures fronting any street or roadway, other than State Highway 146, the "Set Back Lines" along such streets or roadways shall be a minimum of twenty-five feet (25') or in accordance with the approved Final Plat of Port Crossing. (3) For all buildings or other structures, the "Set Back Lines" along any side or rear property line not adjoining a street or roadway shall be a minimum of ten feet (10'); and (4) The "Set Back Lines" for paving for parking areas which front State Hwy. 146 or any other streets or roadways within the Subject Property shall be determined by the Board, However, in no event shall any paving for parking be closer than ten feet (10) to any side or rear property line not adjoining a street or roadway. For purposes of this Declaration, all Set Back Lines shall be measured from (a) the right-of-way line of the street or roadway adjoining the Tract as such right-of-way line exists at the time that the construction of the improvements on the Tract is commenced, or (b) the adjoining side or rear property line, as applicable. C. Parking. Each Owner or lessee shall at all times devote a sufficient portion of its Tract to providing paved off-street parking facilities adequate for the use(s) to which its Tract is put and otherwise sufficient to comply with any applicable law, rule, regulation or ordinance, but not less than the following: Use Number of Spaces Office 4 minimum, plus 3 spaces per 1000 square feet of net usable area Retail Commercial Services, Manufacturing or Limited Warehousing and Distribution 4 minimum, plus 4 spaces per 1000 square feet of net usable area 3 spaces per 1000 square feet of office area and one space per 1500 square feet of non -office area, but not less than one space per 1.5 non - office employees Parking will not be permitted on any street or at any place other than the paved parking spaces provided therefore. Each Owner and lessee shall be responsible for compliance with this Paragraph C by constructing or exhibiting paved parking areas on such Owner's Tract, provided that paved parking areas shall cover not more than eighty-five percent (85%) of the area between a building and a dedicated or private street. The Board reserves the right during its review of construction plans to relax minimum parking requirements, subject to compliance with all City of La Porte regulations and ordinances, on the Tracts where necessary or desirable to accomplish more effective and compatible land utilization. D. Signs. All signs shall be in locations and of a design and material approved in writing in advance by the Board. No more than two (2) free standing ground or berm mounted permanent signs shall be permitted for each Tract, unless a Tract has frontage on two or more streets, in which case no more than three (3) free standing ground or berm mounted permanent signs shall be permitted for such Tract. Unless otherwise approved in writing by the Board, all other signs must be attached to a building and shall be parallel to and contiguous with its wall and not project above its roof line. No neon sign or sign of a flashing or moving character shall be installed and no sign shall be painted on a building wall. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 5 Directional and traffic control signs, and signs advertising the sale or lease of a Tract are also permitted upon the written approval of the design and location by the Board. In the event a building has multiple tenants, all tenants may be shown on one of the permitted signs, at the discretion of the owner of the Tract. The Board shall have the right, and hereby reserves an easement, to enter upon any and all portions of the Property to remove any signs that are in violation of this Article 3 upon reasonable notice to the Owner or lessee of such portion of the Property, all at the expense of such Owner or lessee. The Board may promulgate sign guidelines (which shall include guidelines for pylon signs, monuments and flagpoles) which may be modified by the Board from time to time in its sole good faith discretion. Notwithstanding the Board's approval of any signs, all signs also shall comply with the City's zoning ordinance and be permitted by the City. E. Harmful Substances. No affluent containing harmful bacteria, poisonous acids, oils or other harmful substance shall be permitted to drain or drift beyond the property lines of any Tract. F. Loading/Unloading. Delivery vehicle loading and unloading shall occur on -site only and street delivery vehicle loading and unloading is not permitted. Loading/unloading facilities shall be separated from employee, customer and visitor circulation and parking areas. Loading docks will not be permitted to face any public street or right-of-way, unless otherwise approved by the Board, and provision must be made for handling all freight on those sides of a building which do not face a street; provided, however, that in any instance in which a building would face streets on all of its sides, a loading dock or docks will be permitted on the two sides of such building which are, respectively, farthest from frontage streets unless the Developer shall in writing permit a loading dock on another side of such building. All loading docks must be screened from public view in a manner approved in writing by Developer prior to construction or alteration of any building. G. Outside Storage or Operations; Screening. No outside storage of any kind shall be permitted except as expressly provided herein, or as otherwise approved in writing by the Board. Retail sales equipment may be displayed outside in a manner which is architecturally compatible with the other Improvements on the Tract, with the approval of the Board. Watertowers, cooling towers, communication towers, fans, exterior processing equipment, storage tanks, roof -top equipment, ground -mounted equipment, and any other similar structures or equipment shall be architecturally compatible with the other Improvements on the Tract, or effectively shielded from view from a dedicated or private street in a manner approved in writing by the Board prior to construction. All screening devices shall be subject to compliance with all laws, regulations, codes and ordinances of all applicable governmental authorities. The right of a purchaser, grantee, Owner or lessee to use any building or buildings shall not be construed to permit the keeping of articles, goods, materials, incinerators, storage tanks, boats, trailers, campers, horse trailers, buses, inoperative vehicles of any kind, boat rigging or other vehicles or associated equipment of a recreational or commercial nature, refuse containers or like equipment in the open or exposed to public view, or view from adjacent buildings. If it shall become necessary to store or keep such materials or equipment in the open, they shall be screened from view in a manner approved in writing by Developer. Adequate screening must also be provided to shield such stored materials and equipment from view from the ground floor level of all adjacent buildings. Under no circumstances shall any materials or equipment be stored within the applicable Set Back Line for any street. H. Utility and Drainage Easements. Developer reserves the right, without the necessity of joinder of any Owner or other person or entity (and each and every Owner or lessee, by its acceptance of a deed or ground lease covering any portion of the Subject Property, hereby grants to Developer the right), to grant, dedicate, reserve or otherwise create, from time to time, easements ("Utility Easements") for public utility purposes in, on, over, through and across any portion of the Subject Property lying within twenty-five feet (25') of any street (dedicated or private) and within ten feet (10') of any side or rear property line, said easements to be for the purpose of laying, constructing, installing, maintaining, operating, inspecting, repairing, altering, substituting, replacing and removing any and all lines, cables, pipes, conduits, wires, poles, equipment and other necessary or desirable appurtenances for providing utilities (including, without limitation, electric, water, gas, telephone, sanitary sewer, drainage utilities and cable and other communications facilities) to the Subject Property; such easements to be for the use and H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 6 benefit of Developer, and any utility or cable company to whom Developer conveys or grants an easement for the purpose of providing utilities and related services to the Subject Property and the Owner of any portion of the Subject Property, their heirs, legal representatives, successors and assigns. If applicable, Owners shall have the right to use the drainage easement and to tie into any such utility lines located on such Owner's respective Tract upon payment of any tie-in charge imposed by the utility company, or by any party providing such utility service. No structure shall be erected on any of said easements, and no Improvements may be placed within said easements without the prior written approval of the Board and any utility company using such easements. Easements may be crossed by driveways and walkways provided the Owner secures the necessary prior approval of the effected utility companies furnishing services, and provides and installs any special conduit and other equipment of approved (by the utility companies) type and size, under such driveways and walkways prior to construction thereof. Title to any Tract conveyed by Developer by deed or other conveyance or ground lease shall not be held or construed in any event to include the title to the easement estates in favor of third parties affecting the Tract or any improvements within such easements or appurtenances thereto, constructed by or under Developer, the Association, third parties or their respective agents through, along, or upon any portion of the Subject Property, and the right to maintain, repair, sell, lease or replace such facilities or the appurtenances thereto (but not the Tract) to any municipality or other governmental agency or to any public service corporation or to any other party, is expressly reserved in Developer and the Association. An easement is hereby granted to utility companies and other entities supplying service (and agents and contractors thereof) for reasonable ingress and egress in connection with installing, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, telephones, cable service, electricity, gas and appurtenances thereto, on, above, across and under the Subject Property within the utility easements from time to time existing to and from service lines situated within such easements to the point of service on or in any structure situated on the Tracts. Further, an easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal service vehicles and other service vehicles, and to the operators thereof, to enter upon the Subject Property in performance of their duties. Neither Developer nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or contractors to shrubbery, trees, flowers or other improvements (except damage to the aforementioned special conduit and other equipment, if any) located on the land covered by said easements, except to the extent of their respective gross negligence or willful misconduct. I. Temporary Structures. No tent, shack, temporary building or structure, other than construction offices and structures for related purposes during the construction period, shall be installed or maintained on any Tract without the prior written approval of the Board. All temporary structures used for construction purposes must receive approval by the Board with regard to location and appearance, and must be removed promptly upon completion of construction. J. Fences. All fences installed by an Owner along or in the vicinity of the boundary lines of such Owner's Tract shall be approved by the Board and further subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. K. Landscaping. Two complete sets of landscaping architectural plans must be submitted to the Board for written approval prior to commencement of construction on a Tract. All open, unpaved space, including, but not limited to, front, side and rear building setback areas, shall be planted and landscaped, according to the plan approved in writing by Developer. Landscape plans submitted for approval of the Board shall indicate the number, size, spacing and species of shrubs and trees, and the species of ground cover. Asprinkler system of approved design shall be installed in all landscaped areas. The Board will require reasonable landscaping of any traffic or parking island located within or at the edges of any parking areas. Landscaping in accordance with the plans approved by the Board must be installed within thirty (30) days following the occupancy of a building or Tract. This period may be extended by the Board in the event of Force Majeure delays. The Board may promulgate landscaping guidelines which may be modified by the Board from time to time in its discretion. All landscaping installed by an Owner shall be subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 4. MAINTENANCE OF PROPERTY The Owner or lessees of any portion of the Subject Property shall have the duty of and responsibility for keeping their respective Tract and landscaping, vegetation, premises, Improvements and appurtenances, in a well -maintained, safe, clean, sanitary and attractive condition at all times, in compliance with all applicable regulations of governmental agencies having jurisdiction over health, environment, safety and pollution control. No refuse or waste materials shall be permitted to accumulate on any part of the Subject Property but shall be regularly collected and disposed of. If, in the opinion of the Developer, any such Owner or lessee is failing in this duty and responsibility, then Developer may give such Owner or lessee, or both, written notice of such fact, and such Owner or lessee must, within ten (10) days of such notice, undertake the care and maintenance reasonably necessary to restore such Owner's or lessee's property to a safe, clean and attractive condition. Should any such Owner or lessee fail to fulfill this duty and responsibility after such notice, then the Developer shall have the right and power to perform, or have performed, such care and maintenance, including, without limitation, the mowing of any vacant Tract, and the Owner and lessee (and/or both of them) of the Tract on which such work is performed by the Developer shall be liable for the cost of any such work and shall promptly reimburse the Developer for the cost thereof. If such Owner or lessee shall fail to so reimburse the Developer within thirty (30) days after being billed therefore, then said cost shall be a debt of such owner or lessee (and both or them), payable to the Developer, and shall be secured by the same lien that secures the payment of "Assessments" (hereafter defined), which lien shall be subordinate to any now existing or hereafter created valid liens securing purchase money, the cost of construction or permanent financing therefore, or any renewal or extension of such liens. From and after the Transfer Date, the Association automatically shall have the authority reserved to the Developer in this Article 4 to cure any default of an Owner or lessee. The Developer may delegate such right to cure any default of the Owner or Lessee to the Association prior to the Transfer Date. The Developer and Port Crossing Association hereby agree to maintain all drainage and detention areas within the development. 5. INSURANCE, INDEMNITY AND CASUALTY LOSS A. Each Owner, with respect to its Tract, including the Improvements and any operations thereon, shall maintain at all times during the term of this Declaration, commercial general liability insurance (including contractual liability insurance) with combined single limit coverage for personal injury, bodily injury or death or property damage or destruction (including loss or the use thereof) in the amount of not less than Three Million Dollars ($3,000,000), (which coverage may be in the form of combined single limit coverage, with an aggregate, or a combination of combined single limit coverage with umbrella coverage), provided further that the amount of such coverage is consistent with industry standard for similar buildings and the cost thereof is not financially prohibitive. Additionally, the Board shall have the right to require an increase in the aggregate limit of such liability insurance if it becomes industry standard to provide increased amounts of coverage. Such insurance shall be maintained in reputable, financially responsible insurance companies, licensed to do business in Texas, and each Owner shall furnish to the Board upon request a certificate or copy of its respective insurance policy conforming with the provisions hereof. The Developer and Board shall be named as an additional insured under each Owner's commercial general liability insurance policy, and such coverage shall be primary to any coverage maintained by the Developer and/or the Board. B. Each Owner shall maintain, at its cost, property damage insurance covering the full replacement value of all Improvements located on their respective Tract, insuring against the perils of fire, lightning, extended coverage vandalism and malicious mischief, and flood insurance (if available) from time to time. Such insurance shall be maintained in a reputable, financially responsible insurance company, and the Owners shall furnish to any other Owner upon request a certificate or copy of its policy of insurance conforming to the foregoing provisions. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC C. SUBJECT TO THE PROVISIONS OF PARAGRAPH D. BELOW, EACH OWNER ("INDEMNITOR") COVENANTS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEVELOPER, BOARD AND EACH OTHER OWNER ("INDEMNITEE") FROM AND AGAINST ALL CLAIMS, COSTS, EXPENSES AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH (1)ALL DAMAGES AND CLAIMS, INCLUDING ANYACTION OR PROCEEDING BROUGHT, ARISING FROM OR AS A RESULT OF THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY, WHICH SHALL OCCUR ON THE TRACT OWNED BY EACH INDEMNITOR, EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL ACT OR OMISSION OF THE INDEMNITEE, ITS LICENSEES, CONCESSIONAIRES, AGENTS, SERVANTS OR EMPLOYEES, OR THE AGENTS, SERVANTS OR EMPLOYEES OF ANY LICENSEE OR CONCESSIONAIRE WHEREVER THE SAME MAY OCCUR; AND (II)ALL DAMAGESAND CLAIMS ARISING FROM ORASARESULTOFTHE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY W HICH OCCUR ON ANOTHER OWNER'S PROPERTY AS A RESULT OF THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE INDEMNITOR. D. Notwithstanding anything contained in this Declaration to the contrary, each Owner ("Injured Owner") hereby waives any and all rights of recovery, claims, actions or cause of actions against another Owner, Developer and the Association and such other Owner's, Developer's and the Association's agents, servants, partners, shareholders, directors, trustees, officers or employees (collectively, the "Injuring Owner") for any loss or damage that may occur upon the Injured Owner's property or to any personal property of such Injured Owner by reason of fire, the elements or any other cause which is insured against (or could be insured against) by the terms of policies maintained by the Injured Owner or policies required to be maintained by Injured Owner pursuant to the terms of this Declaration, including the negligence of the Injuring Owner, its agents, officers, partners, shareholders, directors, trustees, servants or employees and no insurer shall have any right of subrogation or assignment against such Injuring Owner. E. The insurance coverages described in Paragraphs A. and B. above may be carried under a policy or policies covering other liabilities, properties and locations of an Owner of the Tract subject to this Declaration or a subsidiary or affiliate or controlling corporation of such Owner. Each insurance policy or policies shall contain a provision that such policy may not be cancelled without a thirty (30) day written prior notice by the insurer to Developer and the Association. F. In the event of a casualty loss to any Improvements, the affected Owner shall either (i) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, commence to repair all exterior and structural portions of such Improvements to the condition which existed immediately prior to such damage or destruction or to such other condition approved by the Board, and complete the repair or restoration within one hundred eighty (180) days after the occurrence of the casualty loss, subject to Force Majeure delays or (ii) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, demolish and remove its damaged Improvements leaving a graded and landscaped and/or seeded area. In the event of any such casualty loss or destruction, each Owner shall as soon as possible repair any common utility lines located upon its Tract which service another Owner's Tract. Any Owner that does not elect to repair or reconstruct after a casualty loss shall be entitled to retain all its insurance proceeds in connection with such casualty loss provided that such Owner demolishes and removes the damaged Improvements; otherwise, the insurance proceeds to cover the costs and expenses of demolishing and removing all damaged Improvements on its Tract shall belong to and be paid to the Association. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 0 ENVIRONMENTAL REMEDIATION Each Owner ("First Owner") agrees to indemnify, defend and hold harmless each of the other Owners ("Other Owners") from and against any costs, fees or expenses (including, without limitation, environmental assessment, investigation and environmental remediation expenses, third party claims and environmental impairment expenses) incurred by any of the Other Owners in connection with First Owner's generation, storage, transportation, treatment or disposal of Hazardous Substances at, to or from the portion of the Subject Property owned by the First Owner, including, but not limited to, Other Owners' costs in connection with monitoring such compliance. "Hazardous Substances," as used in this Article 71 means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et sec), as amended from time to time, and regulations promulgated there under; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq), as amended from time to time, and regulations promulgated there under; (c) any oil, petroleum products, and their by-products; (d) any substance the presence of which on the portion of the Subject Property, (including, without limitation, in the soil, air, structures and surface and sub -surface waters) owned by the First Owner is prohibited, regulated or restricted by any law or regulation similar to those set forth in this definition, and (e) any other substance which by law or regulation requires special handling in its collection, generation, storage, transportation, treatment or disposal. VA ENFORCEMENT Any notice to the Developer or Board, as applicable, or request for approval by the Developer or Board, as applicable, shall be made to the Developer or Board, as applicable, in writing, and shall be sent to the Developer or Board, as applicable, by certified or registered mail, postage prepaid, addressed to the then current address of such entities as announced from time to time. Initially, the address of the Developer is: Port Crossing, 3330 S. Sam Houston Parkway E., Houston, Texas 77047, Attention: Russell D. Plank. If any request for approval of a variance or exception to the restrictions provided herein, subject to compliance with all applicable laws, regulations, and ordinances of the City of La Porte or approval of any proposed action by an Owner is required to be made by the Developer or Board, as applicable, the Developer or Board, as applicable, shall, within thirty (30) days after the request is made, give the person making the request, at such person's address as shown in the request, written notification either of the approval by the Developer or Board, as applicable, or of its rejection of the request, with a specification of the reasons for such rejection. If the Developer or Board, as applicable, fails to give to the person requesting such approval notification of rejection within such 30-day period as provided for above, the Developer or Board, as applicable, shall be conclusively deemed to have given its approval with regard to the request made. Any approval or rejection given by the Developer or Board, as applicable, shall be in writing, and shall be signed by the Developer, or Board, as applicable, and any written approval, rejection or other communication by the Developer or Board, as applicable, may be relied upon, as the act of the Developer or Board, as applicable, by the person receiving such approval, rejection or other communication. The Developer, including any successor owner of a substantial portion of the Subject Property succeeding the Developer as a developer of the Subject Property, any Owner and the Association (collectively, the "Principal Beneficiaries") shall have the right to enforce the restrictive covenants set forth in this Declaration against any person or persons violating or attempting to violate this Declaration. No tenant, lessee or occupant of any portion of the Subject Property and no customer or invitee of any such tenants, lessee or occupant and no other party whomsoever (other than a Principal Beneficiary, as aforesaid) shall have any rights to enforce any provision of this Declaration. In the event of a violation or attempted or threatened violation of any provision of this Declaration, in addition to all other rights and remedies available at law or in equity, a Principal Beneficiary shall be entitled to obtain restraining orders and injunctions (temporary and permanent) enjoining and prohibiting such violation, attempted or threatened violation and commanding compliance with the provisions of this Declaration, without the necessity of posting a bond. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 10 E:1 COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessment. The Developer for each Tract owned within the Subject Property, hereby covenants, and each Owner of any Tract by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, is conclusively deemed to covenant and agree as a covenant running with the land to pay to the Association assessments or charges imposed from time to time by the Board for the purposes set forth in Section 8.B. below (hereinafter referred to as "Assessments"). The Board shall have the right to adopt and from time to time revise and amend procedures for the purpose of establishing the Assessments, due dates, billing and collection of the Assessments, provided that such procedures are not inconsistent with the provisions hereto. The assessments established by the Board shall commence against the subject Property on August 1, 2006. The Assessments shall be uniform as to each Tract on a per square foot basis according to the land area comprising such Tract. If the Assessments have commenced to accrue against the Owners, then, at the time an Owner takes title to a Tract, the installment for that month shall be prorated as of the day the Owner takes title. Any Assessments not paid and received within ten (10) days from the due date shall be deemed delinquent and, without notice, shall bear interest until paid at fifteen percent (15%) per annum, not to exceed the maximum non -usurious rate allowed by applicable law. The Board, at its option, may impose and collect late charges on delinquent payments, in addition to interest, in an amount to compensate the Association for the administrative burden of dealing with the delinquency. To secure the payment of the Assessments levied hereunder and any other sums due hereunder (including, without limitation, reasonable attorneys fees and costs of collection, interest or late charges), a vendor's lien and superior title shall be and is hereby reserved, and a contractual lien is hereby created, in favor of the Association, in and to each Tract and assigned to the Association, which liens shall be enforceable as hereinafter set forth by the Board or its appointed agent ("Agent") on behalf of the Association. Notice of the unpaid amounts, at any time, secured by the liens referred to, reserved by and created in this Article 8 may, but shall not be required to be given by the recordation in the Real Property Records of Harris County, Texas of a "Notice of Non -Payment," duly -executed and acknowledged by an Agent of the Association, setting forth the amount owed, the name of the reputed Owner or Owners of the affected Tract according to the books and records of the Association, and the legal description of such Tract. The cost of preparing and filing the Notice of Non -Payment and its release shall be secured by the lien therefor. Each Owner, by acceptance of a deed to such Owner's Tract, hereby expressly recognizes the existence of such liens as being prior to such Owner's ownership of such Tract and hereby vests in the Board or its Agent the right and power to bring all actions against such Owner or Owners personally for the collection of such Assessments and other sums due hereunder as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including by judicial and/or non -judicial foreclosure. Additionally, by acceptance of the deed to such Owner's Tract, each Owner expressly grants a power of sale such Owner's Tract and all Improvements thereon, and all rights appurtenant thereto for the purpose of securing the aforesaid Assessments and other sums due hereunder remaining unpaid by such Owner from time to time. The Agent maybe changed at anytime by the Board. In the event of the election by the Board to foreclose the liens herein provided for nonpayment of sums secured to be paid by such liens, then it shall be the duty of the Agent, as hereinabove provided, at the request of the Board (which request shall be presumed) to enforce this trust and to sell such Tract and all Improvements thereon, and all rights appurtenant thereto, at the door of the County Courthouse of Harris County, Texas (in the area designated by the Commissioner's Court of Harris County, Texas, for such purpose), on the first Tuesday in any month between the hours of 10:00 a.m. and 4:00 p.m. to the highest bidder for cash after the Agent shall have given notices of the proposed sale in the manner hereinafter set forth, or as provided by statute, whichever is less burdensome. Following sale, the Agent shall make due conveyance of the Tract and all Improvements thereon to the purchaser or purchasers, H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 11 and may, but shall not be required to, give a general warranty of title to such purchaser or purchasers binding upon the Owner or Owners of such Tract and all Improvements thereon and their heirs, executors, administrators, successors and assigns. The Agent shall give notice of such proposed sale by posting a written notice of time, place and terms of the sale for at least twenty-one (21) consecutive days preceding the date of sale at the Courthouse door of Harris County, Texas, by filing such notice with the County Clerk of Harris County, Texas, at least twenty-one (21) consecutive days preceding the date of sale, and, in addition, the Agent shall serve written notice at least twenty-one (21) days preceding the date of sale by certified mail on each debtor obligated to pay the debt according to the records of the Association of such sale and the notice thereof shall comply with the provisions of Section 51.002 of the Texas Property Code, as it may be amended from time to time. Service of such notice shall be completed upon deposit of the notice in the United States mail, properly addressed to such debtor obligated to pay the debt at the most recent address as shown by the records of the Association. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of such service. If any change in Texas law occurs subsequent to the date hereof, this paragraph A of Article 8 shall be amended to comply with such change in Texas law. At any foreclosure, judicial or non judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. Out of the proceeds of such sale, there shall first be paid all expenses incurred by the Association in connection with such sale, including reasonable attorneys' fee and reasonable trustees' fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, plus interest thereon; and, third, the remaining balance shall be paid to such Owner and/or such Owner's mortgagee. From and after any such foreclosure, the occupants of such Tract shall be required to pay a reasonable rent for the use of such Tract and such occupancy shall constitute a tenancy -at -sufferance, and the purchaser at such foreclosure sale shall be entitled to the appointment of a receiver to collect such rents and further, shall be entitled to sue for recovery of possession of such Tract by forcible detainer without further notice. B. Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for the purpose of: (i) the operating costs and expenses of the Association; (ii) the payment of all organization costs and attorney fees incurred by the Association in connection with the enforcement of this Declaration, including, without limitation, enforcement of parking restrictions; (iii) the maintenance, replacement and repair of any Private Streets and any Improvements located within the Private Streets (but not the initial construction of the Private Streets); (iv) the establishment and maintenance of capital and operating reserves that the Board determines to be necessary and desirable; (v) the payment of any ad valorem or other taxes due on any property owned by the Association; (vi) the payment of any costs or expenses incurred with respect to the provision of any facilities and services related to the Private Streets and other portions of the Subject Property determined to be necessary by the Board; (viii) street lighting, street sweeping and street maintenance of any private streets in the Subject Property and maintenance of entry markers, greenbelts, signs, detention ponds, retention areas, esplanades and landscape reserves and other common areas owned by the Association or dedicated to a governmental entity; (viii) planting, landscaping, watering, irrigation, mowing, tree surgery and general upkeep and maintenance of plants or landscaped areas of the common areas owned by the Association; (viii) reimbursement of reasonable and customary costs and expenses of the Association in connection with its operation and management and administration of this Declaration (including, but not limited to, common engagement of third party architects, engineers, attorneys, accountants, managers and other consultants in connection with the administration of this Declaration) and such other non -capital items of expenses as may be deemed by the Association, in its discretion and in good faith, to be necessary or desirable for the carrying out of this Declaration; and (ix) promotion of the recreation, health, and safety (including, without limitation, security patrols and other security measures if deemed necessary by the Association; provided however, that the Association shall not be obligated to provide security patrols or other security measures and the provision of any security measure does not guarantee the safety of any Owners, employees, guests, contractors or invitees or that the property of any Owner, guest, contractor or invitee will not be damaged, vandalized or stolen) and the general welfare of the Owners and lessees the Subject Property. C. Maintenance Fund. The Assessments collected by the Association shall be paid into a maintenance fund (the "Maintenance Fund") and shall be held, managed, invested and expended by the H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 12 Board, in its sole good faith discretion, for any of the permitted purposes. The Board and the Directors shall not be liable to any person or entity as a result of any action taken by the Board with respect to the Maintenance Fund, except for willful misconduct or fraud. D. Basis of Maximum of Annual Assessments. Notwithstanding the provisions of Paragraph A of this Article 8 to the contrary, the maximum initial annual Assessment shall be two cents ($0.02) per square foot of land area in the Subject Property. From and after January 1, of the next succeeding calendar year following the imposition of the Assessment, the annual Assessment may be increased as follows: The Developer may determine and certify that the then current annual Assessment is not sufficient to meet reasonable expenses of maintaining and enforcing this Declaration and, the Developer may increase the annual Assessment by an amount which shall not exceed the greater of: (i)10% or (ii) an amount equal to the yearly rise in the United States Department of Labor, Bureau of Labor Statistics ("BLS"), Consumer Price Index (for All Urban Consumers CPI-U) Houston-Galveston-Brazoria, TX. —All Items (1982-84 =100) (the "Index") as of July of each year from the preceding July. If, however, the Index should be discontinued, such calculation shall be made by use of another reputable Index selected by the Board which is recognized by BLS and is comparable to the Index. Additionally, if the base period of the Index (currently 1982-84 = 100) is hereby modified, the base period used in making the aforesaid calculation shall be appropriately adjusted by the Board to reflect such modification and if the Index is published in such manner that an Index figure is not available each July, then the Index figure published for the most recent month preceding July shall be used. The annual Assessment shall not be increased more than once in any calendar year. However, the right to increase the annual Assessment, as aforesaid, shall be cumulative and in the event the annual Assessment is not increased to the maximum amount allowed for any one or more years, then the Developer shall thereafter have the right to increase any subsequent annual Assessment to an amount equal to the maximum annual Assessment that would have been chargeable for that year as if the annual Assessment had been increased by the maximum allowable hereunder for each of such prior years. Notwithstanding the foregoing provisions of this Paragraph 8.D, in the event the Board determines that it is necessary to increase the annual Assessment more than the amount prescribed by the formula, the Board, by majority vote, and the affirmative vote of two-thirds (2/3rds) of those Owners who are voting in person or by proxy at a meeting duly called for such purpose, may increase the maximum annual Assessment for the subject calendar year. Once the maximum annual assessment for any calendar year is increased pursuant to the provisions of this grammatical paragraph, the amount to which it has been increased shall be the amount used to determine the maximum annual Assessment for the next calendar year. E. Subordination of Assessment Lien to Mortgages. The liens securing the Assessments provided for herein shall be subject and subordinate to (i) all liens for taxes or assessments levied bythe City, County and State Governments or any political subdivision or special district thereof and (ii) the lien of any duly -recorded first and/or second mortgage lien or first and/or second lien deed of trust upon one or more Tracts made in good faith and for purchase money or improvements. The sale or transfer of any Tract shall not affect the assessment lien. However, the sale or transfer of any Tract which is subject to any first or second mortgage lien, pursuant to a foreclosure of such lien or a conveyance in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve the new Owner of such Tract from liability for any assessment thereafter becoming due according to the terms herein contained or from the lien thereof. F. Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from the payment of assessments: (a) any areas designated as Common Areas by the Developer and accepted by the Association; and (b) all property dedicated to and accepted by any governmental authority or public utility. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 13 G. Annual Financial Report. The Association shall deliver to each Owner an unaudited annual financial report as required by the Texas Nonprofit Corporation Act not later than sixty (60) days after the end of each calendar year. a PROPERTY OWNERS' ASSOCIAT The administration of the Subject Property shall be governed by the PORT CROSSING ASSOCIATION, a Texas non-profit corporation ("Association") to be formed not later than one hundred eighty (180) days following the closing of the sale of the first Tract out of the Subject Property. The Association shall act through a Board of Directors ("Board") of not less than three (3) Directors who need not be members of the Association. The initial Directors of the Association shall be selected by the Developer. The initial Directors for the Association shall hold office for an initial term of three (3) years and, thereafter, until their successors are duly elected and qualified. After the expiration of the term of the initial Directors, the members of the Association shall elect a Board of Directors as provided for in the Bylaws of the Association. Directors shall receive no compensation for their services, but, by resolution of the Board, a Director may be reimbursed for reasonable expenses and costs incurred by him in carrying out his duties. The Board shall have the power to enact any rules, bylaws, procedures and regulations, not inconsistent with this Declaration. "Transfer Date," as used herein, shall mean the earlier to occur of: (i) January 1, 2026; (ii) thirty (30) days following the date that seventy-five percent (75%) or more of the total square footage of the Subject Property has been conveyed to parties not related to or affiliated with the Developer; or (iii) the Developer's recordation of a notice in the Real Property Records of Harris County, Texas, to the effect that the Transfer Date has occurred for purposes of this Declaration. The Directors and the officers of the Association shall not be personally liable to the Owners, Developer or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever (including, without limitation, any mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any submitted plans), except for gross negligence, willful misconduct or bad faith. Every person who submits any Plans to the Board for approval as herein provided agrees by submission of such Plans, and every lessee or Owner or person claiming by or through an Owner or lessee agrees by acquiring title to any Tract or interest in a Tract, that it will not bring any action or suit against the Association or any director or officer, or any one or more of them, their respective agents, employees, members or assigns, to recover any damages as a result thereof, except for gross negligence, willful misconduct or bad faith. Any Owner of a Tract within the Subject Property shall be a member of the Association, and shall remain a member for the period of its ownership. Each member of the Association shall be entitled to one (1) vote for each ten thousand (10,000) sq. ft. of the total square footage of the Tract it owns; provided, however, that in the event of the expansion of the Subject Property subject to this Declaration, the votes to which an Owner of land within the Subject Property is entitled shall be revised and adjusted to a ratio that said number of square feet owned bears to the total number of square feet in the Subject Property, as expanded. There shall be no fractional votes. No Owner shall be entitled to vote in any election concerning any action submitted before the Members for their vote during any period in which any such fees or assessments assessed against such Owner are delinquent or such Owner is otherwise in violation of this Declaration as to which such Owner has received written notice of such violation. 10. SEVERABILITY Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 14 11. ADDITIONAL RESTRICTIONS The Developer may make additional restrictions applicable to anyTract by appropriate provisions in any deed or deeds hereafter conveying any land within the Subject Property, without otherwise modifying the general plan outlined above, and such other restrictions shall inure to the benefit of the Owners of any other land in the Subject Property in the same manner as though they had been expressed herein. Without the consent of any other party, including any Owner, Developer shall have the right to extend the restrictions and covenants hereof to any land hereafter owned or acquired by Developer, any boundary of which lies within one mile of the Subject Property ("Additional Land") by filing a supplemental declaration, in the Real Property Records of Harris County, Texas, adding the Additional Land to the Subject Property subject to this Declaration. Nothing herein contained, however, shall be deemed to impose any restrictions on any portion of the Additional Land unless Developer, as the owner of the Additional Land or any portion thereof, thereafter elects to subject any portion of the Additional Land to the general plan outlined above by expressly providing for same in any deed or other instrument executed by the Developer, as the owner of the portion of the Additional Land to be made subject to these covenants and restrictions. 12. TERM These covenants shall run with the land comprising the Subject Property and shall be binding on all Owners and lessees of any of the Subject Property and their respective heirs, executors, Boards, devisees, successors and assigns, and all persons claiming under them, from the date on which these covenants are recorded though January 1, 2056, after which time these covenants shall be automatically extended for successive periods of ten (10) years each, unless within six (6) months prior to January 1, 2056 (or the end of any extended period) an instrument executed and acknowledged by the persons or entities who then own at least two-thirds (2/3rds) of the total square footage of land in the Subject Property (exclusive of public streets) has been recorded in the Real Property Records of Harris County, Texas, terminating these covenants in whole or in part at the end of any such original or extended term. 13. AMENDMENTS Notwithstanding the provisions of Article 12 to the contrary, this Declaration may be amended at any time (subject to compliance with all applicable laws, codes, regulations, and ordinances of the City of La Porte) by the written action of the Owners of at least two-thirds (2/3rds) of the total square footage in the Subject Property, regardless of whether such two-thirds (2/3rds) ownership consists of Developer alone, Developer and Other Owners or Other Owners alone; provided, however, that if such two-thirds (2/3rds) ownership consists of Owners alone, then so long as Developer retains fee simple legal title to at least five (5) acres in the Subject Property, such Other Owners must obtain Developer's written consent to any amendment of this Declaration and Developer agrees to consider any proposed amendment in the exercise of good faith judgment and to describe its objections thereto, if any, in writing in reasonable detail. No amendment shall be effective unless made and recorded ten (10) days in advance of the effective date of such change and unless written notice of the proposed amendment is sent to Developer and every Owner at least thirty (30) days in advance of any action taken prior to recordation. No amendment shall be applicable to existing Improvements on the Subject Property (or the replacement of such Improvements following casualty or other damage if restored in a substantially similar manner and the restoration is in compliance with all applicable laws), unless such instrument(s) shall be signed by all of the then Owners of the Subject Property. Notwithstanding anything herein to the contrary, Developer shall have and reserves the right at any time and from time to time, without the joinder or consent of any owner or other party, to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record by Developer for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein or clarifying any provision therein; provided, however, that H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 15 any such amendment shall be consistent with and in furtherance of the general plan of development as evidenced by this Declaration and shall not impair or affect the vested property or other rights of any Owner; and provided further, that nothing herein shall be construed to permit an amendment providing for a use inconsistent with or prohibited by the provisions of this Declaration. 14. MISCELLANEOUS A. Protection of Name. No Owner shall use the phrase "Port Crossing" or any word or words similar thereto in connection with any Tractor any business operated in connection with any Tract, without the prior written consent of Developer. The restriction contained in this Paragraph A is for the sole benefit of and may be enforced only by Developer. B. Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, facsimile machine (with confirmation of delivery) or overnight air courier service. If served by mail, each notice shall be sent postage prepaid, certified mail, return receipt requested, addressed to any person at the address given by such Person to the Association in writing for the purpose of service of such notice, or to the Tract of such person if no address has been given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Association. C. Right of Entry; Enforcement by Self Help. The Association shall have the right, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any Tract, including any Improvements located thereon, for emergency, security, maintenance, repair or safety purposes, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all police officers, firefighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or occupant of the Tract or Improvements. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Improvements or any portion of a Tract to abate or remove, using such force as reasonably may be necessary, any Improvement to Property, other structure, or thing or condition that violates this Declaration, the Bylaws, any Rules and Regulations, or any use restrictions. Unless an emergency situation exits, such self-help shall be preceded by written notice. All costs of self- help, including reasonable attorneys fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of Assessments. All such entries shall be made with as little inconvenience to the Owner as is practicable in the judgment of the Association and any damages caused thereby (as distinguished from repairs with respect to which the Association is entitled to a reimbursement assessment) shall be borne by the Maintenance Fund of the Association. D. Platting/Replatting. If for any reason, the Developer should be required or deem it necessary to plat or replat the Subject Property, or any portion thereof, such platting or replatting may be accomplished without the consent of the Other Owners, or their mortgagees; provided, however, that the Developer has obtained the approval of the City and other governmental body or bodies, as applicable, for such platting or replatting. In addition, if for any reason an Owner other than the Developer, should find it necessary or be required to plat or replat all or a portion of the Tract owned by him, such Owner may proceed with the platting or replatting without the consent of the Other Owners, or their mortgagees; provided, however, that (i) such Owner has obtained the approval of the appropriate governmental body or bodies, and (ii) the Board has given its prior written consent to such platting or replatting, which consent shall not be unreasonably withheld or delayed. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 16 E. Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Subject Property hereby is declared to be a violation of this Declaration and shall be subject to any and all of the enforcement procedures set forth in this Declaration. F. Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. G. Restrictions Construed Together. All of the provisions of this Declaration shall be construed liberally to promote and effectuate the fundamental concepts of the Subject Property, as set forth in the Declaration. H. Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter. I. Estoppel Certificates. Within fifteen (15) days after receipt of a written request from any Owner, the Association shall certify by written instrument, duly executed and acknowledged, to any lender, purchaser or any other person specified in the request: (i) whether this Declaration has been supplemented or amended, and if so, the substance of the supplement or amendment; (ii) whether the Owner is in violation of any provision of this Declaration, and if, so, the description of the violation; (iii) the then current amounts of Assessments and the status of their payment by such Owner; and (iv) any other matters may be reasonably requested by the Owner. J. Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. K. Force Majeure. "Force Majeure," as used herein, shall mean any delays in performance by a party required hereunder due to strikes, riots, acts of God, shortages of labor or materials, work, governmental laws, regulations or restrictions, inclement weather or any other causes of any kind whatsoever which are beyond the reasonable control of such party, in which event, the party prevented from performing as a result of such Force Majeure delays, shall be entitled to an extension of the time for performance equal to the duration of such Force Majeure delays. L. Governing Law. This Declaration shall be construed and governed under the laws of the State of Texas. M. Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, its properties, rights, and obligations may be transferred by operation of law to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may be added by operation of law to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a meter. The surviving or consolidated association may administer and enforce the covenants, conditions, and restrictions established by this Declaration governing the Subject Property, together with the covenants and restrictions established upon any other property, as one plan, subject also to the provisions of the Declaration. N. Delay in Enforcement. No delay in enforcing the provisions of this Declaration as to any breach or violation thereof shall impair, damage, or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 17 EXECUTED this ao day of September, 2006. PORT CROSSING LAND, LP, a Texas limited partnership By: Port Crossing Land GP, LLC, a Texas limited liability company its general partner Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this a0— day of September, 2006, by RUSSELL D. PLANK, Vice President of PORT CROSSING GP, LLC, a Texas limited liability company, general partner of Port Crossing Land, LP, a Texas limited partnership, on behalf of such partnership. r „/ YOLANDA L. REID Notar#ublic in and for Notary Public, State of TanIThe State of Texas My . , POWELL ROAD LOGISTICS, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC, a Texas limited liability company, its general partner By 060-OA 7). /�, k Russell D. Plank, Vice President H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 18 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this d(*V. day of September, 2006, by RUSSELL D. PLANK, Vice President of POWELL ROAD LOGISTICS GP, LLC, a Texas limited liability company, general partner of Powell Road Logistics, L.P., a Texas limited partnership, on behalf of such partnership. LYOLAANDA. REIDte of Texas Expires08 THE STATE OF TEXAS § COUNTY OF HARRIS § No Public in and for The State of Texas FLPCW, LP, a Texas limited partnership By: FLP Candle GP, Inc., a Texas corporation, its general partner By Geor e Cook, President This instrument was acknowledged before me on this aXA day of September, 2006, by GEORGE COOK, President of FLP Candle GP, Inc., a Texas corporation, general partner of FLPCW, LP, a Texas limited partnership, on behalf of such partnership. NotaOublic in and for t• rThe State of Texas H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 19 NATIONAL PROPERTY HOLDINGS, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By 4—p-e b. 144- Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this o* 'day of September, 2006, by RUSSELL D. PLANK, Vice President of NATIONAL PROPERTY HOLDINGS GP, LLC, a Texas limited liability company, general partner of National Property Holdings, L.P., a Texas limited partnership, on behalf of such partnership. 1 '„ • r r� NotaVublic in and for The State of H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 20 DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability compan is general partner By: Gary S sten, Manager By: .. Ma ew Huartanager STATE OF ARIZONA § COUNTY OF IAA § This instrument was acknowledged before me on this the day of September, 2006, by Gary Skarsten, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand CO day of-Jufq,-2006, A.D. (Seal BONNIE GWEISTER Notary Public - Adzono • Mancopo County NOTARY PUBLIC, ST F My Comm. Expires Aug 31, 2009 My Co sion E Ires. - ,7/ 2 a" dI4aifo', 1111A STATE OF AR+Z-&NA § COUNTY OF fr nje— § / This instrument was acknowledged before me on this the aS day of September, 2006, by Matthew Huarte, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand and seal of office this (Seal) C. RE Corr n**m / 1612>'iB,1 Nokxy Pt"C - COW06*0 LOrange cau* My C ExpNw Oct 1Q day of July, 2006, A.D. d. - �� NOTARY PUBLIC, STATE OF My Commission Expires: 19p-9 H-Final Version of Declaration of Protective Covenants and Easements(620880_4) EXHIBIT E FROM : Northrup Associates Inc Pf UE No. : 713 463 5839 Feb. 03 1999 03:02PM PM 5 MG1Glff4 DRAFT TRAFFIC CONTROL PLAN TEXAS IMPORT EXPORT PARK An Approximate 292-s a Mixed Use Development La Porte, Texas A commercial rrdxed use project is to be constructed within a PUD zoning district in the City of La Porte, Tc=& This project known as Texas Ymport-Plsrk (Prcjea) combines as a planned community, a full range of uses from =hifanzily to rail. sw med Wusttial. Pursuant to the adoption of a Spacial Conditional Use Permit (SCUP) by the Crty, this document is to provide gui+danca as to the control of fideraal and external automobile and trick traffic generated by the Project. viWe the Ceaual Puri for the Project generally designates the various user, by ordinance cash individual building or developmew site will maquire fiuther Sito Plan rzview. That review process will, therefore. include an wq=sion of the Traffic Control Plan to address site specific issues particular to that use or plan as an addendum to this document. The goal of the Traffic Control Plan is to insure the efficient flow of traffic to and fiom and within the Project in a manner that well minimaze additional adverse impacts to the existing thoroughfare system of the arm tt is imt=ded that the guidance established herein shall be cafiorced by the Project Property Owners Association (Association) with oversight by the City- This guidance is to be used in the preparation of development site plans as well as the implementation of operational par=ctem for internal control of all'vehicular traffic by the Owner -Developer and assigns, including project managers, tenants, and subsequent individual site owners or businesses. The site is served by a controlled access principle arterial, State Highway 146, with a planned interchange at Wharton'Wccros Boulevard, a planned 4-lane collector street, bisecting the Project and turning into Powell Road as a parallel facility to S.R 146. Due to the relatively limited service aura of theWharton Weems -Powell cotmection, it will more than adequately accommodate anticipated traffic generated by such a Project 'Ihetfire, ravagers, teoannts, and business owner -operators are to provide rotting instructions for all traffic serving sites within the Project- This shall include employees, company t vcjm and vehicles, customers, tamers, vendors or regular contractors malting repetitive defvarea. . TRAFFIC CONTROL GUIDEUNES The following initial guidelines address the essential initial issues of traffic control reladvie to the Project and may be amended as more detailed planning and site specific i=cs develop_ 1 of 2 FROM : Northrup Associates Inc PHCmE No. : 713 463 5a39 Feb. 63 1999 83:23PM P23 All Project Vmemted traffic droll he directed to ingrns and egress the site at the S.H. 146-Whartan Weems Blvd. mtermcdon. Every effort is to be made to discourage or prevent traffic to or *am Fairmont Parkway. Internal traffic is to also be directed to the SM 146-Weans intersection, especially truck traffic Site plan design where practicable small WE= common driveways and moss -access easemetrta (Adves) between sites to a quality and effective internal traffic flow, circulation within the Project. Driveways. especially to S. R 146, shall be miniun6-d to the mart practicable and within the limits stated wrthut the SCUP. Each building site noose be allowed at lawt one drivu:way if requnted, but sharing of driveways should be encouraged as a policy. Location oedriveways opposite each other along VAuxton Weems Blvd. should be encouraged, Ply where esplanade openings might exist. Driveways along Powell Road shall be designed sad signed accordingly to fect7ttate the Sow of truck traffic toward the S.g 146 mt= ction. A driveway design that wcWd preempt truck traffic to the north toward Fairmont Parkway is to be mandated, except for those destined to facilities that may exist south ofFairmont Parkway. Esplanades, esplanade ogeaings, including left turn lamas, and dnvewray curb returns shall be designed to safely accommodate truck traffic with rninimum impacts on other roadway traffic, Where possible and practicable consideration shall be given to the separation of .auitomnbde and truck entrmtces,dnveways and parimng. All aspects of traffic design discussed herein, including but not limited to geometric design, traffic sigas, and standards shall conform to the applicable provisions of the City Code of Ordinances, the Te,cas Manual on Uniforrn Traffic Control Devices, and recommendations and standards of the traffic industry (AASHTQ). Iachuded for kd=ma&n purposes only are examples of traffic control devices and designs that illustrate potential solutions to various conditions discussed above. A thorough em�ginesring analysis of -the Project will include more detailed study of these traffic issues and will be incorporated into this doasment. 2 of 2 W a 0 c� Z r City of r; Port;; Established 1892 August 6, 2015 Honorable Mayor Rigby and City Council City of La Porte l: Port Crossing Amended. Development Agreement Dear Mayor Rigby and. City Council: Tim Tietaens, Director The La Forte Planning and Zoning Commission reviewed a request by Port Crossing LP for approval of an Amended Development Agreement for Part Crossing Business ]Parr. Tl e Planning and Zoning Commission voted to recommend approval of the proposed Amended Development Agreement as is being presented in the City Council agenda Item Request. Respectfully submitted, Ilal Lawler Chairman, Planning and. Zoning Commission cc: Tim `l'ietjens, Director of Planning and. Development Department Pile City of La Porte 604 W. Fairmont Parkway Phone. (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-500�5 www.kaportetx.gov DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between Port Crossing Land, LP; a Texas limited partnership ("Owner -Developer"); their Successors and Assigns, including the "Other Owners" (hereafter defined) and the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the day of , 2006. Recitals Owner -Developer has proposed development of an approximately 300-acre tract in the City of La Porte, as the Port Crossing, which is referred to as the Tract and defined hereinafter in Article I. Owner -Developer and the Other Owners plan to develop the Tract, presently zoned PUD, for retail, commercial, and business park with some industrial uses. Owner -Developer and the Other Owners shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City, Harris County, and Harris County Flood Control District. Powell Road Logistics, L.P. ("Powell Road Logistics"), a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability partnership and FLPCW, LP, a Texas limited partnership, (collectively, the "Other Owners"), the owners of certain tracts of land also containing a total of approximately 63 acres out of the Tract are joining in this Agreement for the purpose of confirming their agreement to develop their respective portions of the Tract pursuant to the provisions of this Agreement. The City has required, and Owner -Developer and the Other Owners have agreed, that the Tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner -Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on 28th day of March, 2005, as amended by the "Plat" (hereafter defined). H-Final Development Ageement(622174_3).DOC Owner -Developer means Port Crossing Land, LP or their assigns or succeeding developers (or their designated agent or agents). Tract means the approximately 300 acres of land to be developed by Owner -Developer as described in Exhibit A. 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: Exhibit A - Special Conditional Use Permit ("SCUP") SCUP #SCU 05-003, dated 3/28/05 Exhibit B - General Plan, consisting of the final plat ("Plat") to be recorded. Exhibit C - Land Use Exceptions Exhibit D - Draft Declaration of Restrictive Covenants for Port Crossing applicable to all construction and uses. Exhibit E- Traffic Control Plan ARTICLE II. GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner -Developer and Other Owners shall develop their respective portions of the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land Use Restrictions are provided for in paragraph 2.3. The Owner -Developer and Other Owners shall only be responsible for compliance with the General Plan, SCUP and this Agreement with respect to their respective portions of the entire Tract. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established H-Final Development Agreement(622174_3).DOC - 2 - policies, and further agrees that land uses shall be further restricted according to Exhibit C, except for the permitted uses authorized by Exhibit "C". ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner -Developer has developed a Draft Declaration of Restrictive Covenants for Port Crossing, which are attached to this Agreement as Exhibit "D". These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit "D". The covenants and deed restrictions shall be approved by the City and shall be recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term This Agreement shall have a term commencing on the date first written above, and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner -Developer. Failure of Owner -Developer to begin construction in accordance with the Special Conditional Use Permit within one year after issuance of said permit, or as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner -Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner -Developer shall provide common open space as shown in Comprehensive Plan and the General Plan, including any required portion of planned City trail system within the project consisting of public sidewalks within the rights -of -way noted on the Plat on at least one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan approved by the City. Owner - Developer also will cooperate with any additional trail system plan on property dedicated to the City in fee or as an easement within the drainage easement and/or detention pond/drainage system shown on the General Plan. It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and dimensions of these facilities is unknown. When the final design is approved the City will evaluate the potential for use of these areas as public recreation amenities. At that time and with mutual consent, the City may elect to accept these facilities either in easement or fee. The initial development of the detention pond/drainage system and perimeter landscaping of these facilities shall be the responsibility of the Owner - Developer. In coordination with the Owner -Developer and the Harris County Flood Control District, the City will accept the drainage and detention facilities as public domain with right of entry, H-Final Development Agreement(622174_3).DOC - 3 - Maintenance of said facilities will rest solely with the Owner -Developer and the property owner's association governing the Tract. 5.2 Buffering and Beautification. The Owner -Developer shall implement a uniform and/or compatible landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (a minimum of 50' wide) shall be provided along the west side of Powell Road and shall include extensive screening -type vegetation. A landscape buffer, a minimum of 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the ultimate use of that adjacent property. 5.3 Signage. The Owner -Developer shall implement a sign standards policy, as part of the Declaration of Restrictive Covenants (Exhibit "D") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business signage, street and other traffic directional devices conforming to the Tract's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. The Open Space/Pedestrian Trail System shall be constructed within the drainage easements, the detention pond/drainage system, landscape reserves, or public right-of-ways as dictated by the final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System and drainage/detention pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner -Developer or Other Owners, as applicable, shall establish a specific schedule for the development of and construction improvements on the Tract with the end user(s). However, in lieu of and as the basis of that detailed schedule, the following work program is anticipated: • Initiation of a complete engineering study, including drainage and preliminary infrastructure design. • Detailed engineering design for Phase One, being all or a substantial part of the area identified herein as Section One. This would include a rail connection to the main line and a minimum spur connection to the first building anticipated, water and sanitary sewer service, initial drainage, and detention to accommodate Phase One; H-Final Development Agreement(622174_3).DOC - 4 - • Construction of Wharton Weems Blvd., Powell Road, and Export Drive shall be completed in accordance with the Traffic Study recommendations or as needed for development purposes; • Initiation of procedure to abandon and relocate a portion of Powell Road, south of the projection of Wharton Weems Blvd. within one (1) year of SCUP approval; • Platting, site plan, and detailed engineering plan review by the City of La Porte and others; • Initiation of construction pursuant to item 6.1 above, identified as Phase One; and • Continuation of remainder of development as rapidly as market demands. ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 Fire Protection. The Owner -Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.2 Hazardous Materials. The Owner -Developer agrees no hazardous materials as identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 7.3 Safety. The Owner -Developer shall formulate a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a building permit. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner -Developer has established a Traffic Control Plan (shown on the attached Exhibit "E") for the entire project to regulate to the extent practical project -generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will ultimately be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., to standards approved by Harris County as shown on Exhibit `B" - General Plan. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical northbound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner -Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner -Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual, Harris County, Texas, and the City Zoning Code (106- 835) pursuant to specific site plan review. Unless otherwise approved during review of H-Final Development Agreement(622174_3).DOC - 5 - preliminary plats and the Plat, driveways along SH 146 entering this Tract shall be limited to a total of eighteen (18), but in all cases, each individual reserve with frontage on SH 146 shall have at least one opening. Provision shall be made, where practical, for internal cross -access easements to maximize ingress, egress and circulation to minimize congestion on public rights - of -way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. The Other Owners and/or Rail Logix, LP ("Rail Logix"), a Texas limited partnership, an affiliate of one of the partners of Owner -Developer, as applicable, will continue to work with City and such parties' rail consultants, as evidence of the commitment to the City to improve rail efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease current rail impacts. On -site rail facilities and operations shall be controlled by Rail Logix in order to maximize rail efficiency and minimize peak hour conflicts with vehicular traffic at Fairmont Parkway. Owner — Developer, Other Owners and Rail Logix agree and acknowledge that the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell Road. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner -Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system that would deliver 4-6,000 gallons per minute necessary for sprinklered fire protection with a loop connection to the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on "K" street south of Fairmont Parkway. The Developer will provide a drainage study for the Tract. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner -Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements in accordance with the applicable Public Improvement Criteria Manual. ARTICLE XI. BUILDING LINES 11.1 Building Lines. The Owner -Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City Code of Ordinances. Within the industrial Land Uses area west of Powell Road there will be a landscaped 50-foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and H-Final Development Agreement(622174 3).DOC - 6 - building line shall be maintained. These respective 50- foot landscape buffers shall be kept free from all other uses with the exception of signage, drainage and detention improvements, and approved drives, parking and entrances. Owner -Developer agrees that other building lines will be either equal to or greater than that required by ordinance for the land use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XII. MISCELLANEOUS 12.1 Sale of Tract; Assignability. Any contract by Owner -Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner - Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of H-Final Development Agreement(622174_3).DOC - 7 - three (3) days after it's deposited. Notice given in any such other than the manner shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the City, to: City of La Porte Attn: City Manager 604 West Fairmont Parkway LaPorte, Texas 77571 If to Owner/Developer, to: Port Crossing Land, LP Russell Plank 3330 S. Sam Houston Pkwy. E. Houston, TX 77047 and Port Crossing Land, LP Mark Studtmann One Pierce Place, Suite 450 Itasca, IL 60143 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner -Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner -Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One -Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner -Developer shall not be or constitute a breach of this agreement by the other party of Owner -Developer. H-Final Development Agreement(622174_3).DOC - 8 - 12.11 Covenant Running With the Land. The obligations imposed on Owner Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. (This space intentionally left blank) H-Final Development Agreement(622174_3).DOC - 9 - OWNER -DEVELOPER: Port Crossing Land, LP, a Texas limited partnership By: Port Crossing Land GP, LLC a Texas limited liability company it general partner By: loaev--� A" Russell D. Plank, Vice President Date: 47 — 26 — 0 OTHER OWNERS: DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability com y, its general partner By: Gary sten, Manager By: "'�Z— tthew Huae, Manager Date: 0 H-Final Development Agreement(622174_3) - 10 - FLPCW,LP a Texas limited partnership By: FLP Candle GP, Inc., a Texas core ation its general partner i By: Georg Cook, President Date: y — '� jc�— O (v National Property Holdings, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By: eft'oev D' /44 - Russell D. Plank, Vice President Date: R 'z G ` Qr Powell Road Logistics, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC a Texas limited liability company, its general partner By: '&We� 7) . &t Russell D. Plank, Vice President Date: ? Z 6 —0 6 H-Final Development Agreement(622174_3) (2).DOC - 11 - CITY OF LA PORTE, TEXAS By: City Manager Date: ATTEST: Martha Gillett, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney Exhibit C H-Final Development Agreement(622174_3).DOC - 12 - City of La Porte Special Conditional Use Permit #SCU 06-006 This permit is issued to: Port Crossing Land, L.P.; Powell Road logistics, L.P.; Rail Logix, GP.LLC.; and National Property Holdings. L.P. (Russell D. Plank) Owner or Agent 3330 S. Sam Houston Parkway E., Houston, Texas 77047 Address For development of: Approx. 300 acre Planned Unit Development (formerly TIEP) a mixed use development further defined by a General Plan. The Planned Unit Development is further defined by a Development Agreement between the Owner/Agent listed above and the City of La Porte This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name Legal description: 300 acres of land out of the George B. McKinstry League, A-47; William D HarrisSurvey A 30- jotinsnn Hunter C1 irypy' Q 35 and r more particularly described by - Development Agreement. • • The 7oning for the tract is Planned I. Met Development Th- pprm*tted land uses for tl�is Planned Unit Development ar- iep*cted on "Exhibit - General Plan for Port Crossing. These-p rmitted land -uses are more spe ifically defined and/or restr�icted by covenants, con itions, and restrictions established and/or part of the Development Agreement Permit Conditions: 1. This Special Conditional Use Permit (SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP will supersede SCU#05-003. 3. This SCUP has exhibits and the Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. 4. Submittals shall be in accordance with this SCUP, General Plan, the Development Agreement approved by the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation [ate: erector of Pla City ecre ary � � '. IL \ � % 0<§%( i oo \n oou6z LL X 2\( \ §Uj §\\X§ ' F- =e�m 0�*2/ § Or-(n O ƒ\CLz0. our/! \\jƒb m (D L'J w ico B _ i . § ` / w i 4 \\\) , \ I § � /§ «/§; |K| � §\§�| § 0§ )§@ \$§K/ !- /] gull, ) �k �� H �Kk22 HIM 2 Exhibit D Land Use Exceptions In reserves where the General Plan indicates "GC" uses, all uses permitted in the City of La Porte Zoning.Ordinance under GC (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use Residential Uses In reserves where the General Plan indicates "BI" uses, all uses permitted in the City of La Porte Zoning Ordinance under BI (indicated with a "P' are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Off -Premises Signs In reserves where the General Plan indicates "LI" uses, all uses permitted in the City of La Porte Zoning Ordinance under LI (indicated with a "P' are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) In Reserve "A" labeled Rail/Warehouse on the General Plan, all uses permitted in the City of La Porte Zoning Ordinance under LI (indicated with a "P' are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) - Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, Including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning Ordinance associated with rail services such as; A rail yard with a maximum of 22 rail lines is permitted. Rail service to and distribution from warehouses proposed; Rail service to light manufacturing not otherwise exempted herein. DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS PORT CROSSING H-\\ssdcl\home$\rplank\LaPorte Property\City of LaPorte\Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC TABLE OF CONTENTS Article Pale Number 1. PERMITTED AND PROHIBITED USES........................................................................... 2 2. ARCHITECTURAL CONTROL.......................................................................................... 2 3. CONSTRUCTION -RELATED RESTRICTIONS................................................................ 4 4. MAINTENANCE OF PROPERTY...................................................................................... 8 5. INSURANCE, INDEMNITY AND CASUALTY LOSS ...................................................... 8 6. ENVIRONMENTAL REMEDIATION.............................................................................. 10 7. ENFORCEMENT............................................................................................................... 10 8. COVENANT FOR MAINTENANCE ASSESSMENTS................................................... 11 9. PROPERTY OWNERS' ASSOCIATION........................................................................... 14 10. SEVERABILITY................................................................................................................ 14 11. ADDITIONAL RESTRICTIONS....................................................................................... 15 12. TERM................................................................................................................................. 15 13. AMENDMENTS................................................................................................................ 15 14. MISCELLANEOUS........................................................................................................... 16 H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC - 1 - DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT, PORT CROSSING LAND, LP, a Texas limited partnership (hereinafter called the "Developer"), being the owner of certain tracts of land containing a total of approximately 231 acres in Harris County, Texas, being more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (said tracts of land being hereinafter referred to as the "Port Crossing" or "Subject Property") and any portion thereof platted as a separate tract or conveyed to third parties or developed by Developer or an affiliated entity being hereinafter referred to as a "Tract", for the purpose of adopting a uniform plan for the benefit of the present and future owners of any portion of the Port Crossing, does hereby adopt and establish restrictions, covenants and easements as hereinafter provided for the Subject Property. Powell Road Logistics, L.P., a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability limited partnership and FLPCW, LP, a Texas limited partnership, the owners (collectively, the "Other Owners") of certain tracts of land also containing a total of approximately 63 acres, Harris County, Texas, being more particularly described in Exhibit B attached hereto and made a part hereof for all purposes (said tracts of land also comprising part of the "Port Crossing" or "Subject Property') are joining in this "Declaration" (hereafter defined) for the purpose of adopting and establishing the restrictions, covenants, and easements as hereinafter provided for the portion of the Subject Property owned by the Other Owners. Port Crossing, when platted and following the realignment of certain roads, will comprise approximately 300 acres. Developer contemplates developing Port Crossing in a manner which will include public streets, a water distribution system, a sanitary sewer system, and drainage/detention facilities within the Subject Property and Developer reserves the right to create such public streets and utility -related facilities. Any portions of the Subject Property reserved or restricted or conveyed to the "Association" (hereafter defined) for private streets, utility facilities, and landscaping shall not be subject to "Assessment" (hereafter defined). Additionally, any portion of the Subject Property dedicated for utility facilities (excluding, however, any portion of a Tract) or conveyed to governmental authorities shall not be subject to the restrictions contained in this Declaration, except for the prohibited uses described in Article 1. Developer, for itself, and its successors and assigns, and the Other Owners (as to the portion of the Subject Property owned by each of the Other Owners, respectively) hereby declare that the Port Crossing and each part thereof shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, equitable servitude and other provisions set forth in this Declaration Of Protective Covenants And Easements ("Declaration"). The Tracts and Private Facilities within the Subject Property shall be subject to the jurisdiction of the "Association" (hereafter defined). The covenants, conditions, restrictions, limitations, reservations, easements and equitable servitudes shall run with, inure to the benefit of, and shall be binding upon, all of the Subject Property, and each Tract and any common area therein, and shall be binding upon and inure to the benefit of (a) the Developer, its successors and assigns, (b) the Association and its successors and assigns, and (c) all persons or entities (the "Owner(s)") having or hereafter acquiring any right, title, or interest in or to any portion of the Subject Property and their heirs, legal representatives, successors and assigns, other than for security purposes. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 1. PERMITTED AND PROHIBITED USES No Tract or portion of the Subject Property shall be used for any purposes, except for office, research and/or development, retail (subject to the further limitations herein contained), commercial, commercial processing, servicing, light industrial, manufacturing, retail sales of industrial products by manufacturers thereof or by manufacturer's representatives, warehousing or distribution purposes and services ancillary to such uses, or any combination of such uses, and heavy industrial if approved by Developer in writing. No use shall be permitted which (1) is offensive by reason of odor, fumes, dust, smoke, noise, vibrations, radiation, radio interference or pollution, (2) is hazardous by reason of excessive danger of fire or explosion, (3) otherwise constitutes a nuisance, (4) is dangerous or unsafe, (5) would injure the reputation of the Subject Property, or (6) is in violation of any city, county, state or federal law, regulation or ordinance. The following uses shall not be permitted in or on any portion of the Subject Property: (1) any distilling, refining, smelting, meat, poultry or fish processing plant, agricultural or mining operation; (2) any mobile home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); (3) junk yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking yard, salvage yard, asphalt plant, any storage, dumping, disposal, incineration or reduction of hazardous waste, garbage or refuse, bus station, any fire or bankruptcy sale or auction house operation, or as an airport. (4) any mortuary or funeral home; (5) school, church or governmental office (other than a research or development or business office that does not have customers); (6) any drilling, refining, quarrying or mining operations of any kind, (7) any establishment whose primary business is the sale or rental or display of sexual materials or drug related paraphernalia or whose primary business is providing any adult only or sexually oriented service or product including, but not limited to, massage parlors, topless establishments, any "adult" bookstore or "adult" movie theater; (8) any flea market, bowling alley, nightclub, bar, lounge, tavern, theater, amusement park or video arcade; provided, however, that this prohibition shall not prohibit placement of video machines that are incidental to the conduct of a permitted business at the Subject Property; and (9) any gaming facility or operation including, but not limited to, off- track or sports betting parlor, table games such as blackjack, poker, slot machines, video poker, blackjack, keno machines or similar devices or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to any government -sponsored gaming activities or charitable gaming activities so long as such governmental or charitable activities are incidental to the business being conducted by the occupant of that portion of the Subject Property and do not occur regularly. The use of any portion of the Subject Property by any Owner shall be subject to all laws, regulations, codes and ordinances of all applicable governing authorities, including, without limitation, any zoning ordinances. In the event of any conflict between the terms of this Declaration and the terms of any such law, code, regulation or ordinance, then the provisions of this Declaration or any law, code, regulation or ordinance which is stricter shall govern. 2. ARCHITECTURAL CONTROL A. Plan for Development. The plan for the development of the Subject Property contemplates the centralization of architectural control to enhance, insure and protect the attractiveness, beauty and desirability of the Subject Property as a whole. It is accordingly covenanted and agreed that (i) no building, structure or any appurtenances thereto of every type or kind, including, without limitation, patios, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes, drives, driveways, parking areas, fences, roofs, screening, walls, retaining walls, stairs, decks, fixtures, poles, exterior tanks, solar energy equipment, exterior air conditioning fixtures and equipment, exterior lighting, radio, conventional or cable or television antenna or dish, microwave television antenna and/or landscaping (collectively herein referred to as the "Improvements") shall be commenced, erected, constructed, placed, or maintained upon any portion of H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 2 the Subject Property and/or (ii) any exterior modification, renovation, expansion, restoration or repair (if different from the original exterior construction) change or alteration be made to any Improvement shall be commenced, erected, constructed, placed, or maintained upon any portion of the Subject Property until in the case of (i) or (ii), above, the plans and specifications therefor ("Plans") showing the nature, color, kind, shape, height, materials and location of the same (including site landscaping, drainage and grading plans and utility layout) have been submitted to and approved in writing as to harmony and external design and location and relationship to surrounding structures and topography by Developer until the "Transfer Date" (hereafter defined) and thereafter by the "Board" (hereafter defined). The drainage plans shall cause the Subject Property to be drained in a manner so that no standing water remains for any extended period of time following any precipitation and the Subject Property does not become a breeding ground for mosquitoes. All references in this Article 2 and in Article 3 hereafter made to the Board shall refer to the Developer prior to the Transfer Date and thereafter to the Board. In the event that the Board fails or refuses to approve or disapprove such design or location within thirty (30) days after the Plans have been submitted to it, it will be deemed that the Board has approved such Plans. In the event of damage or destruction of any Improvement, approval shall be granted by the Board for the restoration of Improvements if the Improvement is to be restored in substantial accordance with the original approved Plans. If the Improvements will not be restored in accordance with the original approved Plans, then the Plans for such restoration shall be subject to approval in the same manner as the original Improvements to the Tract. All decisions of the Board shall be final, conclusive and binding and there shall be no review of any action of the Board. B. No Representation or Warranty; Limitation of Liability. No approval of Plans shall ever be construed as representing or implying that such Plans will, if followed, result in a properly constructed structure complying with all applicable legal requirements or built in a good and workmanlike manner or be deemed approval of the Improvement from the standpoint of safety, whether structural or otherwise. Neither the Developer, the Association, nor any members of the Board shall be liable in damages to anyone submitting Plans for approval, or to any Owner or occupant of any part of the Subject Property affected by this Declaration, by reason of or in connection with the approval or disapproval or failure to approve any Plans submitted. Every person who submits Plans for approval agrees, by submission of such Plans, and every Owner or occupant of any portion of the Subject Property involved herein agrees, by acquiring title thereto or any interest therein, that such person will not bring any action or suit against the Developer, the Association, or any of the members of the Board to recover any such damages. C. Inspection of Improvements. The Board or its duly authorized representative, as well as the City of LaPorte ("City'), shall have the right, but not the obligation, to inspect any Improvements to a Tract prior to or after completion of any Improvements. D. Notice of Completion. Promptly upon completion of any Improvements, Owner shall deliver a notice of completion ("Notice of Completion") to the Board and the City and, for all purposes hereunder, the date of receipt of such Notice of Completion by the Board shall be deemed to be the date of completion of such Improvements, provided that the Improvements are, in fact, completed as of the date of receipt of the Notice of Completion. E. Notice of Non -Compliance. If, as a result of inspections or otherwise, the Board and/or the City finds that any Improvement has been constructed or undertaken without obtaining the approval of the Board and/or the City, or has been completed other than in substantial conformity with the Plans furnished by the Owner to and approved by the Board and/or the City, as applicable, or has not been completed within a reasonable period of time (as agreed upon by the Board and/or the City, or, if no agreement, as determined by the Board and/or the City, in its sole good faith discretion) after the date of approval by the Board and/or the City (as determined by the Board and/or the City), subject to delays due to "Force Majeure" (hereafter defined) causes, the Board and/or the City shall notify the Owner and the City or the Board, as applicable, in writing of the noncompliance, which notice (the "Notice of Noncompliance") shall be given, in any event, within sixty (60) days after the Board and the City receive a Notice of Completion from the Owner. The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be reasonably necessary to remedy the noncompliance. The Notice of Noncompliance may be filed in the public records and the cost of preparing and filing the same and the release thereof shall be paid by such Owner. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 3 F. No Waiver or Estoppel. No action or failure to act by the Board shall constitute a waiver or estoppel with respect to future action by the Board. G. Variances. The Board may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures within set -back lines established by this Declaration, on a plat (or plats) of the Subject Property, parking requirements, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when such variance would result in a more common beneficial and/or efficient use and not detract from the overall development plan for the Subject Property as determined by the Board. Such variances must be evidenced in writing and shall become effective when signed by a majority of the members of the Board. The granting of a variance in one instance shall not require the Board to grant a similar variance for another portion of the Subject Property. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; PROVIDED, HOWEVER, THAT THE GRANTING OF AVARIANCE SHALL NOT OPERATE TO WAIVE ANY OF THE PROVISIONS OF THIS DECLARATION FOR ANY PURPOSE EXCEPT AS TO THE PARTICULAR TRACT AND PARTICULAR PROVISION HEREOF COVERED BY THE VARIANCE, NOR SHALL THE GRANTING OF A VARIANCE AFFECT IN ANY WAY THE OWNER'S OBLIGATION TO COMPLY WITH ALL GOVERNMENTAL LAWS AND REGULATIONS AFFECTING THE PROPERTY CONCERNED, INCLUDING, BUT NOT LIMITED TO ZONING ORDINANCES OR REQUIREMENTS IMPOSED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION. THE OWNERS ACKOWLEDGE THAT ONLY THE CITY SHALL BE AUTHORIZED TO GRANT VARIANCES AND SPECIAL EXCEPTIONS TO THE CITY ZONING ORDINANCE AND GOVERNMENTAL LAND USE RESTRICTIONS THROUGH THE ZONING BOARD OF ADJUSTMENT. THE BOARD AGREES TO INFORM THE CITY IN WRITING ("VARIANCE NOTICE") PRIOR TO THE GRANTING OF ANY VARIANCE REQUEST OF THE ISSUE UNDER CONSIDERATION AND THE PROPOSED ACTION BY THE BOARD SO THAT THE CITY CAN VERIFY THAT THE PROPOSED VARIANCE, IF GRANTED, WOULD NOT VIOLATE ANY ZONING ORDINANCES, LAND RESTRICTIONS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THAT CERTAIN DEVELOPMENTAGREEMENT DATED ON OR ABOUT THE DATE HEREOF BETWEEN DEVELOPER AND THE CITY, AND JOINED IN BY THE OTHER OWNERS. If the City objects to the granting of the variance, the City shall notify the Board (through its representative designated in the Variance Notice) within ten (10) business days following the City's receipt of the Variance Notice. If the City fails or refuses to approve or disapprove the variance request within such ten (10) day period, the City will be deemed to approve such variance request. K� CONSTRUCTION -RELATED RESTRICTIONS A. Exterior Materials. Each of the Improvements to be located on any portion of the Subject Property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished (in a manner approved in writing by the Board in their discretion) concrete and/or glass, or of an equivalent, permanent, architecturally -finished material to finished grade. All exterior finishes shall be approved by the Board. No Improvement shall be covered with aluminum, iron, steel or other metal surface or finish unless previously approved in writing by the Board. Sidewalks of a design and location approved by the Board shall be constructed along one side of the right-of-way of all dedicated public streets (except State Highway 146) abutting any property line. Any concrete block exterior surfaces shall be painted. All exterior tilt -up concrete walls must be painted unless constructed with decorative aggregate exterior designs. B. Building Set Backs. No building or structure or other facility of any nature shall be constructed or erected on a Tract between the adjoining street or roadway right-of-way line or adjoining side or rear property lines and the "Set Back Lines" (defined below) which shall run parallel to the Property as follows: H-Final Version of Declaration of Protective Covenants and Ease me nts(620880_4).DOC (1) For all buildings or other structures which are located along State Highway 146, the "Set Back Lines" along such streets and roadways shall be a minimum of fifty feet (50'); (2) For all buildings or other structures fronting any street or roadway, other than State Highway 146, the "Set Back Lines" along such streets or roadways shall be a minimum of twenty-five feet (25') or in accordance with the approved Final Plat of Port Crossing. (3) For all buildings or other structures, the "Set Back Lines" along any side or rear property line not adjoining a street or roadway shall be a minimum of ten feet (10'); and (4) The "Set Back Lines" for paving for parking areas which front State Hwy. 146 or any other streets or roadways within the Subject Property shall be determined by the Board, However, in no event shall any paving for parking be closer than ten feet (10) to any side or rear property line not adjoining a street or roadway. For purposes of this Declaration, all Set Back Lines shall be measured from (a) the right-of-way line of the street or roadway adjoining the Tract as such right-of-way line exists at the time that the construction of the improvements on the Tract is commenced, or (b) the adjoining side or rear property line, as applicable. C. Parking. Each Owner or lessee shall at all times devote a sufficient portion of its Tract to providing paved off-street parking facilities adequate for the use(s) to which its Tract is put and otherwise sufficient to comply with any applicable law, rule, regulation or ordinance, but not less than the following: Use Number of Spaces Office 4 minimum, plus 3 spaces per 1000 square feet of net usable area Retail Commercial Services, Manufacturing or Limited Warehousing and Distribution 4 minimum, plus 4 spaces per 1000 square feet of net usable area 3 spaces per 1000 square feet of office area and one space per 1500 square feet of non -office area, but not less than one space per 1.5 non - office employees Parking will not be permitted on any street or at any place other than the paved parking spaces provided therefore. Each Owner and lessee shall be responsible for compliance with this Paragraph C by constructing or exhibiting paved parking areas on such Owner's Tract, provided that paved parking areas shall cover not more than eighty-five percent (85%) of the area between a building and a dedicated or private street. The Board reserves the right during its review of construction plans to relax minimum parking requirements, subject to compliance with all City of La Porte regulations and ordinances, on the Tracts where necessary or desirable to accomplish more effective and compatible land utilization. D. Signs. All signs shall be in locations and of a design and material approved in writing in advance by the Board. No more than two (2) free standing ground or berm mounted permanent signs shall be permitted for each Tract, unless a Tract has frontage on two or more streets, in which case no more than three (3) free standing ground or berm mounted permanent signs shall be permitted for such Tract. Unless otherwise approved in writing by the Board, all other signs must be attached to a building and shall be parallel to and contiguous with its wall and not project above its roof line. No neon sign or sign of a flashing or moving character shall be installed and no sign shall be painted on a building wall. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 5 Directional and traffic control signs, and signs advertising the sale or lease of a Tract are also permitted upon the written approval of the design and location by the Board. In the event a building has multiple tenants, all tenants may be shown on one of the permitted signs, at the discretion of the owner of the Tract. The Board shall have the right, and hereby reserves an easement, to enter upon any and all portions of the Property to remove any signs that are in violation of this Article 3 upon reasonable notice to the Owner or lessee of such portion of the Property, all at the expense of such Owner or lessee. The Board may promulgate sign guidelines (which shall include guidelines for pylon signs, monuments and flagpoles) which may be modified by the Board from time to time in its sole good faith discretion. Notwithstanding the Board's approval of any signs, all signs also shall comply with the City's zoning ordinance and be permitted by the City. E. Harmful Substances. No affluent containing harmful bacteria, poisonous acids, oils or other harmful substance shall be permitted to drain or drift beyond the property lines of any Tract. F. Loading/Unloading. Delivery vehicle loading and unloading shall occur on -site only and street delivery vehicle loading and unloading is not permitted. Loading/unloading facilities shall be separated from employee, customer and visitor circulation and parking areas. Loading docks will not be permitted to face any public street or right-of-way, unless otherwise approved by the Board, and provision must be made for handling all freight on those sides of a building which do not face a street; provided, however, that in any instance in which a building would face streets on all of its sides, a loading dock or docks will be permitted on the two sides of such building which are, respectively, farthest from frontage streets unless the Developer shall in writing permit a loading dock on another side of such building. All loading docks must be screened from public view in a manner approved in writing by Developer prior to construction or alteration of any building. G. Outside Storage or Operations; Screening. No outside storage of any kind shall be permitted except as expressly provided herein, or as otherwise approved in writing by the Board. Retail sales equipment may be displayed outside in a manner which is architecturally compatible with the other Improvements on the Tract, with the approval of the Board. Watertowers, cooling towers, communication towers, fans, exterior processing equipment, storage tanks, roof -top equipment, ground -mounted equipment, and any other similar structures or equipment shall be architecturally compatible with the other Improvements on the Tract, or effectively shielded from view from a dedicated or private street in a manner approved in writing by the Board prior to construction. All screening devices shall be subject to compliance with all laws, regulations, codes and ordinances of all applicable governmental authorities. The right of a purchaser, grantee, Owner or lessee to use any building or buildings shall not be construed to permit the keeping of articles, goods, materials, incinerators, storage tanks, boats, trailers, campers, horse trailers, buses, inoperative vehicles of any kind, boat rigging or other vehicles or associated equipment of a recreational or commercial nature, refuse containers or like equipment in the open or exposed to public view, or view from adjacent buildings. If it shall become necessary to store or keep such materials or equipment in the open, they shall be screened from view in a manner approved in writing by Developer. Adequate screening must also be provided to shield such stored materials and equipment from view from the ground floor level of all adjacent buildings. Under no circumstances shall any materials or equipment be stored within the applicable Set Back Line for any street. H. Utility and Drainage Easements. Developer reserves the right, without the necessity of joinder of any Owner or other person or entity (and each and every Owner or lessee, by its acceptance of a deed or ground lease covering any portion of the Subject Property, hereby grants to Developer the right), to grant, dedicate, reserve or otherwise create, from time to time, easements ("Utility Easements") for public utility purposes in, on, over, through and across any portion of the Subject Property lying within twenty-five feet (25') of any street (dedicated or private) and within ten feet (10') of any side or rear property line, said easements to be for the purpose of laying, constructing, installing, maintaining, operating, inspecting, repairing, altering, substituting, replacing and removing any and all lines, cables, pipes, conduits, wires, poles, equipment and other necessary or desirable appurtenances for providing utilities (including, without limitation, electric, water, gas, telephone, sanitary sewer, drainage utilities and cable and other communications facilities) to the Subject Property; such easements to be for the use and H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 6 benefit of Developer, and any utility or cable company to whom Developer conveys or grants an easement for the purpose of providing utilities and related services to the Subject Property and the Owner of any portion of the Subject Property, their heirs, legal representatives, successors and assigns. If applicable, Owners shall have the right to use the drainage easement and to tie into any such utility lines located on such Owner's respective Tract upon payment of any tie-in charge imposed by the utility company, or by any party providing such utility service. No structure shall be erected on any of said easements, and no Improvements may be placed within said easements without the prior written approval of the Board and any utility company using such easements. Easements may be crossed by driveways and walkways provided the Owner secures the necessary prior approval of the effected utility companies furnishing services, and provides and installs any special conduit and other equipment of approved (by the utility companies) type and size, under such driveways and walkways prior to construction thereof. Title to any Tract conveyed by Developer by deed or other conveyance or ground lease shall not be held or construed in any event to include the title to the easement estates in favor of third parties affecting the Tract or any improvements within such easements or appurtenances thereto, constructed by or under Developer, the Association, third parties or their respective agents through, along, or upon any portion of the Subject Property, and the right to maintain, repair, sell, lease or replace such facilities or the appurtenances thereto (but not the Tract) to any municipality or other governmental agency or to any public service corporation or to any other party, is expressly reserved in Developer and the Association. An easement is hereby granted to utility companies and other entities supplying service (and agents and contractors thereof) for reasonable ingress and egress in connection with installing, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, telephones, cable service, electricity, gas and appurtenances thereto, on, above, across and under the Subject Property within the utility easements from time to time existing to and from service lines situated within such easements to the point of service on or in any structure situated on the Tracts. Further, an easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal service vehicles and other service vehicles, and to the operators thereof, to enter upon the Subject Property in performance of their duties. Neither Developer nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or contractors to shrubbery, trees, flowers or other improvements (except damage to the aforementioned special conduit and other equipment, if any) located on the land covered by said easements, except to the extent of their respective gross negligence or willful misconduct. I. Temporary Structures. No tent, shack, temporary building or structure, other than construction offices and structures for related purposes during the construction period, shall be installed or maintained on any Tract without the prior written approval of the Board. All temporary structures used for construction purposes must receive approval by the Board with regard to location and appearance, and must be removed promptly upon completion of construction. J. Fences. All fences installed by an Owner along or in the vicinity of the boundary lines of such Owner's Tract shall be approved by the Board and further subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. K. Landscaping. Two complete sets of landscaping architectural plans must be submitted to the Board for written approval prior to commencement of construction on a Tract. All open, unpaved space, including, but not limited to, front, side and rear building setback areas, shall be planted and landscaped, according to the plan approved in writing by Developer. Landscape plans submitted for approval of the Board shall indicate the number, size, spacing and species of shrubs and trees, and the species of ground cover. Asprinkler system of approved design shall be installed in all landscaped areas. The Board will require reasonable landscaping of any traffic or parking island located within or at the edges of any parking areas. Landscaping in accordance with the plans approved by the Board must be installed within thirty (30) days following the occupancy of a building or Tract. This period may be extended by the Board in the event of Force Majeure delays. The Board may promulgate landscaping guidelines which may be modified by the Board from time to time in its discretion. All landscaping installed by an Owner shall be subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 4. MAINTENANCE OF PROPERTY The Owner or lessees of any portion of the Subject Property shall have the duty of and responsibility for keeping their respective Tract and landscaping, vegetation, premises, Improvements and appurtenances, in a well -maintained, safe, clean, sanitary and attractive condition at all times, in compliance with all applicable regulations of governmental agencies having jurisdiction over health, environment, safety and pollution control. No refuse or waste materials shall be permitted to accumulate on any part of the Subject Property but shall be regularly collected and disposed of. If, in the opinion of the Developer, any such Owner or lessee is failing in this duty and responsibility, then Developer may give such Owner or lessee, or both, written notice of such fact, and such Owner or lessee must, within ten (10) days of such notice, undertake the care and maintenance reasonably necessary to restore such Owner's or lessee's property to a safe, clean and attractive condition. Should any such Owner or lessee fail to fulfill this duty and responsibility after such notice, then the Developer shall have the right and power to perform, or have performed, such care and maintenance, including, without limitation, the mowing of any vacant Tract, and the Owner and lessee (and/or both of them) of the Tract on which such work is performed by the Developer shall be liable for the cost of any such work and shall promptly reimburse the Developer for the cost thereof. If such Owner or lessee shall fail to so reimburse the Developer within thirty (30) days after being billed therefore, then said cost shall be a debt of such owner or lessee (and both or them), payable to the Developer, and shall be secured by the same lien that secures the payment of "Assessments" (hereafter defined), which lien shall be subordinate to any now existing or hereafter created valid liens securing purchase money, the cost of construction or permanent financing therefore, or any renewal or extension of such liens. From and after the Transfer Date, the Association automatically shall have the authority reserved to the Developer in this Article 4 to cure any default of an Owner or lessee. The Developer may delegate such right to cure any default of the Owner or Lessee to the Association prior to the Transfer Date. The Developer and Port Crossing Association hereby agree to maintain all drainage and detention areas within the development. 5. INSURANCE, INDEMNITY AND CASUALTY LOSS A. Each Owner, with respect to its Tract, including the Improvements and any operations thereon, shall maintain at all times during the term of this Declaration, commercial general liability insurance (including contractual liability insurance) with combined single limit coverage for personal injury, bodily injury or death or property damage or destruction (including loss or the use thereof) in the amount of not less than Three Million Dollars ($3,000,000), (which coverage may be in the form of combined single limit coverage, with an aggregate, or a combination of combined single limit coverage with umbrella coverage), provided further that the amount of such coverage is consistent with industry standard for similar buildings and the cost thereof is not financially prohibitive. Additionally, the Board shall have the right to require an increase in the aggregate limit of such liability insurance if it becomes industry standard to provide increased amounts of coverage. Such insurance shall be maintained in reputable, financially responsible insurance companies, licensed to do business in Texas, and each Owner shall furnish to the Board upon request a certificate or copy of its respective insurance policy conforming with the provisions hereof. The Developer and Board shall be named as an additional insured under each Owner's commercial general liability insurance policy, and such coverage shall be primary to any coverage maintained by the Developer and/or the Board. B. Each Owner shall maintain, at its cost, property damage insurance covering the full replacement value of all Improvements located on their respective Tract, insuring against the perils of fire, lightning, extended coverage vandalism and malicious mischief, and flood insurance (if available) from time to time. Such insurance shall be maintained in a reputable, financially responsible insurance company, and the Owners shall furnish to any other Owner upon request a certificate or copy of its policy of insurance conforming to the foregoing provisions. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC C. SUBJECT TO THE PROVISIONS OF PARAGRAPH D. BELOW, EACH OWNER ("INDEMNITOR") COVENANTS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEVELOPER, BOARD AND EACH OTHER OWNER ("INDEMNITEE") FROM AND AGAINST ALL CLAIMS, COSTS, EXPENSES AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH (1)ALL DAMAGES AND CLAIMS, INCLUDING ANYACTION OR PROCEEDING BROUGHT, ARISING FROM OR AS A RESULT OF THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY, WHICH SHALL OCCUR ON THE TRACT OWNED BY EACH INDEMNITOR, EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL ACT OR OMISSION OF THE INDEMNITEE, ITS LICENSEES, CONCESSIONAIRES, AGENTS, SERVANTS OR EMPLOYEES, OR THE AGENTS, SERVANTS OR EMPLOYEES OF ANY LICENSEE OR CONCESSIONAIRE WHEREVER THE SAME MAY OCCUR; AND (II)ALL DAMAGESAND CLAIMS ARISING FROM ORASARESULTOFTHE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY W HICH OCCUR ON ANOTHER OWNER'S PROPERTY AS A RESULT OF THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE INDEMNITOR. D. Notwithstanding anything contained in this Declaration to the contrary, each Owner ("Injured Owner") hereby waives any and all rights of recovery, claims, actions or cause of actions against another Owner, Developer and the Association and such other Owner's, Developer's and the Association's agents, servants, partners, shareholders, directors, trustees, officers or employees (collectively, the "Injuring Owner") for any loss or damage that may occur upon the Injured Owner's property or to any personal property of such Injured Owner by reason of fire, the elements or any other cause which is insured against (or could be insured against) by the terms of policies maintained by the Injured Owner or policies required to be maintained by Injured Owner pursuant to the terms of this Declaration, including the negligence of the Injuring Owner, its agents, officers, partners, shareholders, directors, trustees, servants or employees and no insurer shall have any right of subrogation or assignment against such Injuring Owner. E. The insurance coverages described in Paragraphs A. and B. above may be carried under a policy or policies covering other liabilities, properties and locations of an Owner of the Tract subject to this Declaration or a subsidiary or affiliate or controlling corporation of such Owner. Each insurance policy or policies shall contain a provision that such policy may not be cancelled without a thirty (30) day written prior notice by the insurer to Developer and the Association. F. In the event of a casualty loss to any Improvements, the affected Owner shall either (i) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, commence to repair all exterior and structural portions of such Improvements to the condition which existed immediately prior to such damage or destruction or to such other condition approved by the Board, and complete the repair or restoration within one hundred eighty (180) days after the occurrence of the casualty loss, subject to Force Majeure delays or (ii) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, demolish and remove its damaged Improvements leaving a graded and landscaped and/or seeded area. In the event of any such casualty loss or destruction, each Owner shall as soon as possible repair any common utility lines located upon its Tract which service another Owner's Tract. Any Owner that does not elect to repair or reconstruct after a casualty loss shall be entitled to retain all its insurance proceeds in connection with such casualty loss provided that such Owner demolishes and removes the damaged Improvements; otherwise, the insurance proceeds to cover the costs and expenses of demolishing and removing all damaged Improvements on its Tract shall belong to and be paid to the Association. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 0 ENVIRONMENTAL REMEDIATION Each Owner ("First Owner") agrees to indemnify, defend and hold harmless each of the other Owners ("Other Owners") from and against any costs, fees or expenses (including, without limitation, environmental assessment, investigation and environmental remediation expenses, third party claims and environmental impairment expenses) incurred by any of the Other Owners in connection with First Owner's generation, storage, transportation, treatment or disposal of Hazardous Substances at, to or from the portion of the Subject Property owned by the First Owner, including, but not limited to, Other Owners' costs in connection with monitoring such compliance. "Hazardous Substances," as used in this Article 71 means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et sec), as amended from time to time, and regulations promulgated there under; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq), as amended from time to time, and regulations promulgated there under; (c) any oil, petroleum products, and their by-products; (d) any substance the presence of which on the portion of the Subject Property, (including, without limitation, in the soil, air, structures and surface and sub -surface waters) owned by the First Owner is prohibited, regulated or restricted by any law or regulation similar to those set forth in this definition, and (e) any other substance which by law or regulation requires special handling in its collection, generation, storage, transportation, treatment or disposal. VA ENFORCEMENT Any notice to the Developer or Board, as applicable, or request for approval by the Developer or Board, as applicable, shall be made to the Developer or Board, as applicable, in writing, and shall be sent to the Developer or Board, as applicable, by certified or registered mail, postage prepaid, addressed to the then current address of such entities as announced from time to time. Initially, the address of the Developer is: Port Crossing, 3330 S. Sam Houston Parkway E., Houston, Texas 77047, Attention: Russell D. Plank. If any request for approval of a variance or exception to the restrictions provided herein, subject to compliance with all applicable laws, regulations, and ordinances of the City of La Porte or approval of any proposed action by an Owner is required to be made by the Developer or Board, as applicable, the Developer or Board, as applicable, shall, within thirty (30) days after the request is made, give the person making the request, at such person's address as shown in the request, written notification either of the approval by the Developer or Board, as applicable, or of its rejection of the request, with a specification of the reasons for such rejection. If the Developer or Board, as applicable, fails to give to the person requesting such approval notification of rejection within such 30-day period as provided for above, the Developer or Board, as applicable, shall be conclusively deemed to have given its approval with regard to the request made. Any approval or rejection given by the Developer or Board, as applicable, shall be in writing, and shall be signed by the Developer, or Board, as applicable, and any written approval, rejection or other communication by the Developer or Board, as applicable, may be relied upon, as the act of the Developer or Board, as applicable, by the person receiving such approval, rejection or other communication. The Developer, including any successor owner of a substantial portion of the Subject Property succeeding the Developer as a developer of the Subject Property, any Owner and the Association (collectively, the "Principal Beneficiaries") shall have the right to enforce the restrictive covenants set forth in this Declaration against any person or persons violating or attempting to violate this Declaration. No tenant, lessee or occupant of any portion of the Subject Property and no customer or invitee of any such tenants, lessee or occupant and no other party whomsoever (other than a Principal Beneficiary, as aforesaid) shall have any rights to enforce any provision of this Declaration. In the event of a violation or attempted or threatened violation of any provision of this Declaration, in addition to all other rights and remedies available at law or in equity, a Principal Beneficiary shall be entitled to obtain restraining orders and injunctions (temporary and permanent) enjoining and prohibiting such violation, attempted or threatened violation and commanding compliance with the provisions of this Declaration, without the necessity of posting a bond. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 10 E:1 COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessment. The Developer for each Tract owned within the Subject Property, hereby covenants, and each Owner of any Tract by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, is conclusively deemed to covenant and agree as a covenant running with the land to pay to the Association assessments or charges imposed from time to time by the Board for the purposes set forth in Section 8.B. below (hereinafter referred to as "Assessments"). The Board shall have the right to adopt and from time to time revise and amend procedures for the purpose of establishing the Assessments, due dates, billing and collection of the Assessments, provided that such procedures are not inconsistent with the provisions hereto. The assessments established by the Board shall commence against the subject Property on August 1, 2006. The Assessments shall be uniform as to each Tract on a per square foot basis according to the land area comprising such Tract. If the Assessments have commenced to accrue against the Owners, then, at the time an Owner takes title to a Tract, the installment for that month shall be prorated as of the day the Owner takes title. Any Assessments not paid and received within ten (10) days from the due date shall be deemed delinquent and, without notice, shall bear interest until paid at fifteen percent (15%) per annum, not to exceed the maximum non -usurious rate allowed by applicable law. The Board, at its option, may impose and collect late charges on delinquent payments, in addition to interest, in an amount to compensate the Association for the administrative burden of dealing with the delinquency. To secure the payment of the Assessments levied hereunder and any other sums due hereunder (including, without limitation, reasonable attorneys fees and costs of collection, interest or late charges), a vendor's lien and superior title shall be and is hereby reserved, and a contractual lien is hereby created, in favor of the Association, in and to each Tract and assigned to the Association, which liens shall be enforceable as hereinafter set forth by the Board or its appointed agent ("Agent") on behalf of the Association. Notice of the unpaid amounts, at any time, secured by the liens referred to, reserved by and created in this Article 8 may, but shall not be required to be given by the recordation in the Real Property Records of Harris County, Texas of a "Notice of Non -Payment," duly -executed and acknowledged by an Agent of the Association, setting forth the amount owed, the name of the reputed Owner or Owners of the affected Tract according to the books and records of the Association, and the legal description of such Tract. The cost of preparing and filing the Notice of Non -Payment and its release shall be secured by the lien therefor. Each Owner, by acceptance of a deed to such Owner's Tract, hereby expressly recognizes the existence of such liens as being prior to such Owner's ownership of such Tract and hereby vests in the Board or its Agent the right and power to bring all actions against such Owner or Owners personally for the collection of such Assessments and other sums due hereunder as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including by judicial and/or non -judicial foreclosure. Additionally, by acceptance of the deed to such Owner's Tract, each Owner expressly grants a power of sale such Owner's Tract and all Improvements thereon, and all rights appurtenant thereto for the purpose of securing the aforesaid Assessments and other sums due hereunder remaining unpaid by such Owner from time to time. The Agent maybe changed at anytime by the Board. In the event of the election by the Board to foreclose the liens herein provided for nonpayment of sums secured to be paid by such liens, then it shall be the duty of the Agent, as hereinabove provided, at the request of the Board (which request shall be presumed) to enforce this trust and to sell such Tract and all Improvements thereon, and all rights appurtenant thereto, at the door of the County Courthouse of Harris County, Texas (in the area designated by the Commissioner's Court of Harris County, Texas, for such purpose), on the first Tuesday in any month between the hours of 10:00 a.m. and 4:00 p.m. to the highest bidder for cash after the Agent shall have given notices of the proposed sale in the manner hereinafter set forth, or as provided by statute, whichever is less burdensome. Following sale, the Agent shall make due conveyance of the Tract and all Improvements thereon to the purchaser or purchasers, H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 11 and may, but shall not be required to, give a general warranty of title to such purchaser or purchasers binding upon the Owner or Owners of such Tract and all Improvements thereon and their heirs, executors, administrators, successors and assigns. The Agent shall give notice of such proposed sale by posting a written notice of time, place and terms of the sale for at least twenty-one (21) consecutive days preceding the date of sale at the Courthouse door of Harris County, Texas, by filing such notice with the County Clerk of Harris County, Texas, at least twenty-one (21) consecutive days preceding the date of sale, and, in addition, the Agent shall serve written notice at least twenty-one (21) days preceding the date of sale by certified mail on each debtor obligated to pay the debt according to the records of the Association of such sale and the notice thereof shall comply with the provisions of Section 51.002 of the Texas Property Code, as it may be amended from time to time. Service of such notice shall be completed upon deposit of the notice in the United States mail, properly addressed to such debtor obligated to pay the debt at the most recent address as shown by the records of the Association. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of such service. If any change in Texas law occurs subsequent to the date hereof, this paragraph A of Article 8 shall be amended to comply with such change in Texas law. At any foreclosure, judicial or non judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. Out of the proceeds of such sale, there shall first be paid all expenses incurred by the Association in connection with such sale, including reasonable attorneys' fee and reasonable trustees' fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, plus interest thereon; and, third, the remaining balance shall be paid to such Owner and/or such Owner's mortgagee. From and after any such foreclosure, the occupants of such Tract shall be required to pay a reasonable rent for the use of such Tract and such occupancy shall constitute a tenancy -at -sufferance, and the purchaser at such foreclosure sale shall be entitled to the appointment of a receiver to collect such rents and further, shall be entitled to sue for recovery of possession of such Tract by forcible detainer without further notice. B. Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for the purpose of: (i) the operating costs and expenses of the Association; (ii) the payment of all organization costs and attorney fees incurred by the Association in connection with the enforcement of this Declaration, including, without limitation, enforcement of parking restrictions; (iii) the maintenance, replacement and repair of any Private Streets and any Improvements located within the Private Streets (but not the initial construction of the Private Streets); (iv) the establishment and maintenance of capital and operating reserves that the Board determines to be necessary and desirable; (v) the payment of any ad valorem or other taxes due on any property owned by the Association; (vi) the payment of any costs or expenses incurred with respect to the provision of any facilities and services related to the Private Streets and other portions of the Subject Property determined to be necessary by the Board; (viii) street lighting, street sweeping and street maintenance of any private streets in the Subject Property and maintenance of entry markers, greenbelts, signs, detention ponds, retention areas, esplanades and landscape reserves and other common areas owned by the Association or dedicated to a governmental entity; (viii) planting, landscaping, watering, irrigation, mowing, tree surgery and general upkeep and maintenance of plants or landscaped areas of the common areas owned by the Association; (viii) reimbursement of reasonable and customary costs and expenses of the Association in connection with its operation and management and administration of this Declaration (including, but not limited to, common engagement of third party architects, engineers, attorneys, accountants, managers and other consultants in connection with the administration of this Declaration) and such other non -capital items of expenses as may be deemed by the Association, in its discretion and in good faith, to be necessary or desirable for the carrying out of this Declaration; and (ix) promotion of the recreation, health, and safety (including, without limitation, security patrols and other security measures if deemed necessary by the Association; provided however, that the Association shall not be obligated to provide security patrols or other security measures and the provision of any security measure does not guarantee the safety of any Owners, employees, guests, contractors or invitees or that the property of any Owner, guest, contractor or invitee will not be damaged, vandalized or stolen) and the general welfare of the Owners and lessees the Subject Property. C. Maintenance Fund. The Assessments collected by the Association shall be paid into a maintenance fund (the "Maintenance Fund") and shall be held, managed, invested and expended by the H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 12 Board, in its sole good faith discretion, for any of the permitted purposes. The Board and the Directors shall not be liable to any person or entity as a result of any action taken by the Board with respect to the Maintenance Fund, except for willful misconduct or fraud. D. Basis of Maximum of Annual Assessments. Notwithstanding the provisions of Paragraph A of this Article 8 to the contrary, the maximum initial annual Assessment shall be two cents ($0.02) per square foot of land area in the Subject Property. From and after January 1, of the next succeeding calendar year following the imposition of the Assessment, the annual Assessment may be increased as follows: The Developer may determine and certify that the then current annual Assessment is not sufficient to meet reasonable expenses of maintaining and enforcing this Declaration and, the Developer may increase the annual Assessment by an amount which shall not exceed the greater of: (i)10% or (ii) an amount equal to the yearly rise in the United States Department of Labor, Bureau of Labor Statistics ("BLS"), Consumer Price Index (for All Urban Consumers CPI-U) Houston-Galveston-Brazoria, TX. —All Items (1982-84 =100) (the "Index") as of July of each year from the preceding July. If, however, the Index should be discontinued, such calculation shall be made by use of another reputable Index selected by the Board which is recognized by BLS and is comparable to the Index. Additionally, if the base period of the Index (currently 1982-84 = 100) is hereby modified, the base period used in making the aforesaid calculation shall be appropriately adjusted by the Board to reflect such modification and if the Index is published in such manner that an Index figure is not available each July, then the Index figure published for the most recent month preceding July shall be used. The annual Assessment shall not be increased more than once in any calendar year. However, the right to increase the annual Assessment, as aforesaid, shall be cumulative and in the event the annual Assessment is not increased to the maximum amount allowed for any one or more years, then the Developer shall thereafter have the right to increase any subsequent annual Assessment to an amount equal to the maximum annual Assessment that would have been chargeable for that year as if the annual Assessment had been increased by the maximum allowable hereunder for each of such prior years. Notwithstanding the foregoing provisions of this Paragraph 8.D, in the event the Board determines that it is necessary to increase the annual Assessment more than the amount prescribed by the formula, the Board, by majority vote, and the affirmative vote of two-thirds (2/3rds) of those Owners who are voting in person or by proxy at a meeting duly called for such purpose, may increase the maximum annual Assessment for the subject calendar year. Once the maximum annual assessment for any calendar year is increased pursuant to the provisions of this grammatical paragraph, the amount to which it has been increased shall be the amount used to determine the maximum annual Assessment for the next calendar year. E. Subordination of Assessment Lien to Mortgages. The liens securing the Assessments provided for herein shall be subject and subordinate to (i) all liens for taxes or assessments levied bythe City, County and State Governments or any political subdivision or special district thereof and (ii) the lien of any duly -recorded first and/or second mortgage lien or first and/or second lien deed of trust upon one or more Tracts made in good faith and for purchase money or improvements. The sale or transfer of any Tract shall not affect the assessment lien. However, the sale or transfer of any Tract which is subject to any first or second mortgage lien, pursuant to a foreclosure of such lien or a conveyance in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve the new Owner of such Tract from liability for any assessment thereafter becoming due according to the terms herein contained or from the lien thereof. F. Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from the payment of assessments: (a) any areas designated as Common Areas by the Developer and accepted by the Association; and (b) all property dedicated to and accepted by any governmental authority or public utility. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 13 G. Annual Financial Report. The Association shall deliver to each Owner an unaudited annual financial report as required by the Texas Nonprofit Corporation Act not later than sixty (60) days after the end of each calendar year. a PROPERTY OWNERS' ASSOCIAT The administration of the Subject Property shall be governed by the PORT CROSSING ASSOCIATION, a Texas non-profit corporation ("Association") to be formed not later than one hundred eighty (180) days following the closing of the sale of the first Tract out of the Subject Property. The Association shall act through a Board of Directors ("Board") of not less than three (3) Directors who need not be members of the Association. The initial Directors of the Association shall be selected by the Developer. The initial Directors for the Association shall hold office for an initial term of three (3) years and, thereafter, until their successors are duly elected and qualified. After the expiration of the term of the initial Directors, the members of the Association shall elect a Board of Directors as provided for in the Bylaws of the Association. Directors shall receive no compensation for their services, but, by resolution of the Board, a Director may be reimbursed for reasonable expenses and costs incurred by him in carrying out his duties. The Board shall have the power to enact any rules, bylaws, procedures and regulations, not inconsistent with this Declaration. "Transfer Date," as used herein, shall mean the earlier to occur of: (i) January 1, 2026; (ii) thirty (30) days following the date that seventy-five percent (75%) or more of the total square footage of the Subject Property has been conveyed to parties not related to or affiliated with the Developer; or (iii) the Developer's recordation of a notice in the Real Property Records of Harris County, Texas, to the effect that the Transfer Date has occurred for purposes of this Declaration. The Directors and the officers of the Association shall not be personally liable to the Owners, Developer or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever (including, without limitation, any mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any submitted plans), except for gross negligence, willful misconduct or bad faith. Every person who submits any Plans to the Board for approval as herein provided agrees by submission of such Plans, and every lessee or Owner or person claiming by or through an Owner or lessee agrees by acquiring title to any Tract or interest in a Tract, that it will not bring any action or suit against the Association or any director or officer, or any one or more of them, their respective agents, employees, members or assigns, to recover any damages as a result thereof, except for gross negligence, willful misconduct or bad faith. Any Owner of a Tract within the Subject Property shall be a member of the Association, and shall remain a member for the period of its ownership. Each member of the Association shall be entitled to one (1) vote for each ten thousand (10,000) sq. ft. of the total square footage of the Tract it owns; provided, however, that in the event of the expansion of the Subject Property subject to this Declaration, the votes to which an Owner of land within the Subject Property is entitled shall be revised and adjusted to a ratio that said number of square feet owned bears to the total number of square feet in the Subject Property, as expanded. There shall be no fractional votes. No Owner shall be entitled to vote in any election concerning any action submitted before the Members for their vote during any period in which any such fees or assessments assessed against such Owner are delinquent or such Owner is otherwise in violation of this Declaration as to which such Owner has received written notice of such violation. 10. SEVERABILITY Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 14 11. ADDITIONAL RESTRICTIONS The Developer may make additional restrictions applicable to anyTract by appropriate provisions in any deed or deeds hereafter conveying any land within the Subject Property, without otherwise modifying the general plan outlined above, and such other restrictions shall inure to the benefit of the Owners of any other land in the Subject Property in the same manner as though they had been expressed herein. Without the consent of any other party, including any Owner, Developer shall have the right to extend the restrictions and covenants hereof to any land hereafter owned or acquired by Developer, any boundary of which lies within one mile of the Subject Property ("Additional Land") by filing a supplemental declaration, in the Real Property Records of Harris County, Texas, adding the Additional Land to the Subject Property subject to this Declaration. Nothing herein contained, however, shall be deemed to impose any restrictions on any portion of the Additional Land unless Developer, as the owner of the Additional Land or any portion thereof, thereafter elects to subject any portion of the Additional Land to the general plan outlined above by expressly providing for same in any deed or other instrument executed by the Developer, as the owner of the portion of the Additional Land to be made subject to these covenants and restrictions. 12. TERM These covenants shall run with the land comprising the Subject Property and shall be binding on all Owners and lessees of any of the Subject Property and their respective heirs, executors, Boards, devisees, successors and assigns, and all persons claiming under them, from the date on which these covenants are recorded though January 1, 2056, after which time these covenants shall be automatically extended for successive periods of ten (10) years each, unless within six (6) months prior to January 1, 2056 (or the end of any extended period) an instrument executed and acknowledged by the persons or entities who then own at least two-thirds (2/3rds) of the total square footage of land in the Subject Property (exclusive of public streets) has been recorded in the Real Property Records of Harris County, Texas, terminating these covenants in whole or in part at the end of any such original or extended term. 13. AMENDMENTS Notwithstanding the provisions of Article 12 to the contrary, this Declaration may be amended at any time (subject to compliance with all applicable laws, codes, regulations, and ordinances of the City of La Porte) by the written action of the Owners of at least two-thirds (2/3rds) of the total square footage in the Subject Property, regardless of whether such two-thirds (2/3rds) ownership consists of Developer alone, Developer and Other Owners or Other Owners alone; provided, however, that if such two-thirds (2/3rds) ownership consists of Owners alone, then so long as Developer retains fee simple legal title to at least five (5) acres in the Subject Property, such Other Owners must obtain Developer's written consent to any amendment of this Declaration and Developer agrees to consider any proposed amendment in the exercise of good faith judgment and to describe its objections thereto, if any, in writing in reasonable detail. No amendment shall be effective unless made and recorded ten (10) days in advance of the effective date of such change and unless written notice of the proposed amendment is sent to Developer and every Owner at least thirty (30) days in advance of any action taken prior to recordation. No amendment shall be applicable to existing Improvements on the Subject Property (or the replacement of such Improvements following casualty or other damage if restored in a substantially similar manner and the restoration is in compliance with all applicable laws), unless such instrument(s) shall be signed by all of the then Owners of the Subject Property. Notwithstanding anything herein to the contrary, Developer shall have and reserves the right at any time and from time to time, without the joinder or consent of any owner or other party, to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record by Developer for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein or clarifying any provision therein; provided, however, that H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 15 any such amendment shall be consistent with and in furtherance of the general plan of development as evidenced by this Declaration and shall not impair or affect the vested property or other rights of any Owner; and provided further, that nothing herein shall be construed to permit an amendment providing for a use inconsistent with or prohibited by the provisions of this Declaration. 14. MISCELLANEOUS A. Protection of Name. No Owner shall use the phrase "Port Crossing" or any word or words similar thereto in connection with any Tractor any business operated in connection with any Tract, without the prior written consent of Developer. The restriction contained in this Paragraph A is for the sole benefit of and may be enforced only by Developer. B. Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, facsimile machine (with confirmation of delivery) or overnight air courier service. If served by mail, each notice shall be sent postage prepaid, certified mail, return receipt requested, addressed to any person at the address given by such Person to the Association in writing for the purpose of service of such notice, or to the Tract of such person if no address has been given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Association. C. Right of Entry; Enforcement by Self Help. The Association shall have the right, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any Tract, including any Improvements located thereon, for emergency, security, maintenance, repair or safety purposes, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all police officers, firefighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or occupant of the Tract or Improvements. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Improvements or any portion of a Tract to abate or remove, using such force as reasonably may be necessary, any Improvement to Property, other structure, or thing or condition that violates this Declaration, the Bylaws, any Rules and Regulations, or any use restrictions. Unless an emergency situation exits, such self-help shall be preceded by written notice. All costs of self- help, including reasonable attorneys fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of Assessments. All such entries shall be made with as little inconvenience to the Owner as is practicable in the judgment of the Association and any damages caused thereby (as distinguished from repairs with respect to which the Association is entitled to a reimbursement assessment) shall be borne by the Maintenance Fund of the Association. D. Platting/Replatting. If for any reason, the Developer should be required or deem it necessary to plat or replat the Subject Property, or any portion thereof, such platting or replatting may be accomplished without the consent of the Other Owners, or their mortgagees; provided, however, that the Developer has obtained the approval of the City and other governmental body or bodies, as applicable, for such platting or replatting. In addition, if for any reason an Owner other than the Developer, should find it necessary or be required to plat or replat all or a portion of the Tract owned by him, such Owner may proceed with the platting or replatting without the consent of the Other Owners, or their mortgagees; provided, however, that (i) such Owner has obtained the approval of the appropriate governmental body or bodies, and (ii) the Board has given its prior written consent to such platting or replatting, which consent shall not be unreasonably withheld or delayed. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 16 E. Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Subject Property hereby is declared to be a violation of this Declaration and shall be subject to any and all of the enforcement procedures set forth in this Declaration. F. Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. G. Restrictions Construed Together. All of the provisions of this Declaration shall be construed liberally to promote and effectuate the fundamental concepts of the Subject Property, as set forth in the Declaration. H. Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter. I. Estoppel Certificates. Within fifteen (15) days after receipt of a written request from any Owner, the Association shall certify by written instrument, duly executed and acknowledged, to any lender, purchaser or any other person specified in the request: (i) whether this Declaration has been supplemented or amended, and if so, the substance of the supplement or amendment; (ii) whether the Owner is in violation of any provision of this Declaration, and if, so, the description of the violation; (iii) the then current amounts of Assessments and the status of their payment by such Owner; and (iv) any other matters may be reasonably requested by the Owner. J. Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. K. Force Majeure. "Force Majeure," as used herein, shall mean any delays in performance by a party required hereunder due to strikes, riots, acts of God, shortages of labor or materials, work, governmental laws, regulations or restrictions, inclement weather or any other causes of any kind whatsoever which are beyond the reasonable control of such party, in which event, the party prevented from performing as a result of such Force Majeure delays, shall be entitled to an extension of the time for performance equal to the duration of such Force Majeure delays. L. Governing Law. This Declaration shall be construed and governed under the laws of the State of Texas. M. Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, its properties, rights, and obligations may be transferred by operation of law to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may be added by operation of law to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a meter. The surviving or consolidated association may administer and enforce the covenants, conditions, and restrictions established by this Declaration governing the Subject Property, together with the covenants and restrictions established upon any other property, as one plan, subject also to the provisions of the Declaration. N. Delay in Enforcement. No delay in enforcing the provisions of this Declaration as to any breach or violation thereof shall impair, damage, or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 17 EXECUTED this ao day of September, 2006. PORT CROSSING LAND, LP, a Texas limited partnership By: Port Crossing Land GP, LLC, a Texas limited liability company its general partner Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this a0— day of September, 2006, by RUSSELL D. PLANK, Vice President of PORT CROSSING GP, LLC, a Texas limited liability company, general partner of Port Crossing Land, LP, a Texas limited partnership, on behalf of such partnership. r „/ YOLANDA L. REID Notar#ublic in and for Notary Public, State of TanIThe State of Texas My . , POWELL ROAD LOGISTICS, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC, a Texas limited liability company, its general partner By 060-OA 7). /�, k Russell D. Plank, Vice President H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 18 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this d(*V. day of September, 2006, by RUSSELL D. PLANK, Vice President of POWELL ROAD LOGISTICS GP, LLC, a Texas limited liability company, general partner of Powell Road Logistics, L.P., a Texas limited partnership, on behalf of such partnership. LYOLAANDA. REIDte of Texas Expires08 THE STATE OF TEXAS § COUNTY OF HARRIS § No Public in and for The State of Texas FLPCW, LP, a Texas limited partnership By: FLP Candle GP, Inc., a Texas corporation, its general partner By Geor e Cook, President This instrument was acknowledged before me on this aXA day of September, 2006, by GEORGE COOK, President of FLP Candle GP, Inc., a Texas corporation, general partner of FLPCW, LP, a Texas limited partnership, on behalf of such partnership. NotaOublic in and for t• rThe State of Texas H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 19 NATIONAL PROPERTY HOLDINGS, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By 4—p-e b. 144- Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this o* 'day of September, 2006, by RUSSELL D. PLANK, Vice President of NATIONAL PROPERTY HOLDINGS GP, LLC, a Texas limited liability company, general partner of National Property Holdings, L.P., a Texas limited partnership, on behalf of such partnership. 1 '„ • r r� NotaVublic in and for The State of H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 20 DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability compan is general partner By: Gary S sten, Manager By: .. Ma ew Huartanager STATE OF ARIZONA § COUNTY OF IAA § This instrument was acknowledged before me on this the day of September, 2006, by Gary Skarsten, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand CO day of-Jufq,-2006, A.D. (Seal BONNIE GWEISTER Notary Public - Adzono • Mancopo County NOTARY PUBLIC, ST F My Comm. Expires Aug 31, 2009 My Co sion E Ires. - ,7/ 2 a" dI4aifo', 1111A STATE OF AR+Z-&NA § COUNTY OF fr nje— § / This instrument was acknowledged before me on this the aS day of September, 2006, by Matthew Huarte, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand and seal of office this (Seal) C. RE Corr n**m / 1612>'iB,1 Nokxy Pt"C - COW06*0 LOrange cau* My C ExpNw Oct 1Q day of July, 2006, A.D. d. - �� NOTARY PUBLIC, STATE OF My Commission Expires: 19p-9 H-Final Version of Declaration of Protective Covenants and Easements(620880_4) FROM : Northrup Associates Inc Pf UE No. : 713 463 5839 Feb. 03 1999 03:02PM PM 5 DRAFT TRAFFIC CONTROL PLAN TEXAS IMPORT EXPORT PARK An Approximate 292-s a Mixed Use Development La Porte, Texas A commercial rrdxed use project is to be constructed within a PUD zoning district in the City of La Porte, Tc=& This project known as Texas Ymport-Plsrk (Prcjea) combines as a planned community, a full range of uses from =hifanzily to rail. sw med Wusttial. Pursuant to the adoption of a Spacial Conditional Use Permit (SCUP) by the Crty, this document is to provide gui+danca as to the control of fideraal and external automobile and trick traffic generated by the Project. viWe the Ceaual Puri for the Project generally designates the various user, by ordinance cash individual building or developmew site will maquire fiuther Sito Plan rzview. That review process will, therefore. include an wq=sion of the Traffic Control Plan to address site specific issues particular to that use or plan as an addendum to this document. The goal of the Traffic Control Plan is to insure the efficient flow of traffic to and fiom and within the Project in a manner that well minimaze additional adverse impacts to the existing thoroughfare system of the arm tt is imt=ded that the guidance established herein shall be cafiorced by the Project Property Owners Association (Association) with oversight by the City- This guidance is to be used in the preparation of development site plans as well as the implementation of operational par=ctem for internal control of all'vehicular traffic by the Owner -Developer and assigns, including project managers, tenants, and subsequent individual site owners or businesses. The site is served by a controlled access principle arterial, State Highway 146, with a planned interchange at Wharton'Wccros Boulevard, a planned 4-lane collector street, bisecting the Project and turning into Powell Road as a parallel facility to S.R 146. Due to the relatively limited service aura of theWharton Weems -Powell cotmection, it will more than adequately accommodate anticipated traffic generated by such a Project 'Ihetfire, ravagers, teoannts, and business owner -operators are to provide rotting instructions for all traffic serving sites within the Project- This shall include employees, company t vcjm and vehicles, customers, tamers, vendors or regular contractors malting repetitive defvarea. . TRAFFIC CONTROL GUIDEUNES The following initial guidelines address the essential initial issues of traffic control reladvie to the Project and may be amended as more detailed planning and site specific i=cs develop_ 1 of 2 FROM : Northrup Associates Inc PHCmE No. : 713 463 5a39 Feb. 63 1999 83:23PM P23 All Project Vmemted traffic droll he directed to ingrns and egress the site at the S.H. 146-Whartan Weems Blvd. mtermcdon. Every effort is to be made to discourage or prevent traffic to or *am Fairmont Parkway. Internal traffic is to also be directed to the SM 146-Weans intersection, especially truck traffic Site plan design where practicable small WE= common driveways and moss -access easemetrta (Adves) between sites to a quality and effective internal traffic flow, circulation within the Project. Driveways. especially to S. R 146, shall be miniun6-d to the mart practicable and within the limits stated wrthut the SCUP. Each building site noose be allowed at lawt one drivu:way if requnted, but sharing of driveways should be encouraged as a policy. Location oedriveways opposite each other along VAuxton Weems Blvd. should be encouraged, Ply where esplanade openings might exist. Driveways along Powell Road shall be designed sad signed accordingly to fect7ttate the Sow of truck traffic toward the S.g 146 mt= ction. A driveway design that wcWd preempt truck traffic to the north toward Fairmont Parkway is to be mandated, except for those destined to facilities that may exist south ofFairmont Parkway. Esplanades, esplanade ogeaings, including left turn lamas, and dnvewray curb returns shall be designed to safely accommodate truck traffic with rninimum impacts on other roadway traffic, Where possible and practicable consideration shall be given to the separation of .auitomnbde and truck entrmtces,dnveways and parimng. All aspects of traffic design discussed herein, including but not limited to geometric design, traffic sigas, and standards shall conform to the applicable provisions of the City Code of Ordinances, the Te,cas Manual on Uniforrn Traffic Control Devices, and recommendations and standards of the traffic industry (AASHTQ). Iachuded for kd=ma&n purposes only are examples of traffic control devices and designs that illustrate potential solutions to various conditions discussed above. A thorough em�ginesring analysis of -the Project will include more detailed study of these traffic issues and will be incorporated into this doasment. 2 of 2 W a 0 c� Z r REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Appropriation Requested By: Department: Report: Other: Attachments : Ken Adcox Police Resolution:'C�, Ordinance: '' 1. Draft Massage Business Ordinance Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ' YES NO SUMMARY & RECOMMENDATIONS The City of La Porte is currently home to a number of massage businesses. Police compliance checks at several of these establishments have uncovered continuing sexually -oriented illegal activity, including prostitution, the promotion of prostitution, and various violations of state statutes involving the employment of unlicensed massage therapist. These violations have been referred to the Harris County District Attorney's Office for criminal prosecution, staff has been in contact with the involved property owners, and each violation has been reported to the State regulatory agency governing the operation of massage establishments. In spite of these efforts, the businesses in question continue to operate within the City and, based on the results of follow-up compliance checks, engage in illegal activity. To help ensure that existing and future massage businesses operating within the corporate limits of the City of La Porte perform in an ethical and legal manner, staff is recommending the establishment of a City Ordinance, which would serve to regulate establishments of this nature within the City. Specifically, Massage Businesses would be required to: Apply for and obtain a massage business permit from the City. The annual fee for the permit would be $75, per establishment, and would require the business owner(s) and employees to undergo a background check, as well as show proof that all employees are licensed massage therapist by the State of Texas before the permit would be granted. New employees hired after the issuance of a permit would have to be reported to the City and undergo the same background check. 2. Operate only between the hours of 8:00 AM and 10:00 PM on any day of the week. 3. Refrain from allowing alcoholic beverages on the premises. 4. Operate the massage business exclusive of any residence or living quarters. 5. Agree not to operate as a "member -only" enterprise and allow law enforcement officers reasonable access to the establishment in order to ensure compliance with the ordinance and any other applicable legal statutes. 6. Comply with certain sanitation requirements. Action Required of Council: Consider the approval of an ordinance amending Chapter 22 of the City of La Porte Code of Ordinances by establishing regulations and fees relating to the operation of massage establishments within the City of La Porte. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS AND FEES RELATING TO OPERATION OF MASSAGE ESTABLISHMENTS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 22, `Businesses," of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Article VII "Massage Businesses", which shall hereinafter read as follows, to wit: "ARTICLE VII. -- MASSAGE BUSINESSES DIVISION I. -- GENERALLY Sec. 22-400. - Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. Employee shall mean any person over eighteen (18) years of age, other than a masseur, who renders any service in connection with the operation of a massage business and who receives compensation from the operator of the business or from patrons. Massage means any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet or any instrument. Masseur means any person who engages in the practice of massage as herein defined and who is licensed therefor by the state. The use of the masculine gender in this article shall include in all cases the feminine gender as well. Patron means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. Sec. 22-401 - Penalty, Any person who shall intentionally or knowingly violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not to exceed two thousand dollars ($2000.00). Secs. 22-402-22-414. - Reserved. DIVISION 2. - PERMITS Sec. 22-415. - Business permit required. No person shall engage in or carry out the business of providing massages unless he has a valid massage business permit issued by the City of La Porte pursuant to the provisions of this article for each and every separate office or place of business conducted by such person. Sec. 22-416. - Application for permit. Any person desiring a massage business permit shall file a written application with the Director of Planning on a form to be furnished by the Planning and Development Department. The applicant shall accompany the application with a tender of the permit fee required by this article, and shall, in addition, furnish the following: (1) The type of ownership of the business, i.e. whether individual, partnership, corporation or otherwise; (2) The name, style and designation under which the business or practice is to be conducted; (3) The business address and all telephone numbers where the business is to be conducted; (4) Such other information, identification and physical examination of the person as shall be deemed necessary by the Director of Planning or the Chief of Police to discover the truth of the matters hereinabove required to be set forth in the application; (5) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; (6) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. Sec. 22-417. - investigation by the Director of Planning and the Chief of Police. (a) Upon receiving the application for a massage business permit, the Director of Planning and Development shall forward the application to the Chief of Police to conduct an investigation into the applicant's moral character and personal and criminal history. The Chief of Police may in his discretion require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation. In addition, the following information shall be provided to the Chief of Police, as follows: (1) A complete list of the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business, as well as copies of all current licenses issued by Department of State Health Services for each masseur to be employed at any permitted location. (2) The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than ten (10) percent of the stock of the corporation, and each officer and director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and the holder of any lien, of any nature, upon the business and/or the equipment used therein; and concerning the manager or other person principally in charge of the operation of the business: (a) The names, complete residence addresses and residence telephone numbers; (b) The two (2) previous addresses immediately prior to the present address of the applicant; (c) Written proof of age; (d) Height, weight, color of hair and eyes, and sex; (e) Two (2) front face portrait photographs taken within thirty (30) days of the date of application and at least two (2) by two (2) inches in size; (f) The massage or similar business history and experience ten (10) years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation; (g) All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the disposition thereof, (h) A complete set of fingerprints taken and to be retained on file by the chief of police or his authorized representatives; (3) The names and addresses of three (3) adult residents of Harris County who will serve as character references. The references must be persons other than relatives and business associates; (b) In addition to the requirements of subsection (a) of this section, the Director of Planning and Development shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purposes of assuring that such premises comply with all sanitation requirements as set forth in this article and by the state, and with the regulations of public health, safety and welfare. Sec. 22-418. - Issuance of massage business permits. The Director of Planning and Development shall issue a massage business permit within thirty (30) days of receipt of the application unless he finds that: (1) The correct permit fee has not been tendered to the city, and in the case of check or bank draft, honored with payment upon presentation; (2) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; (3) The applicant, if an individual, or any of the stockholders holding more than ten (10) percent of the stock of the corporation, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien of any nature on the business and/or equipment used therein; and the manager or other person principally in charge of the operation and affairs of the business, or any employees, have been convicted of a felony or misdemeanor involving moral turpitude, or was placed on deferred adjudication for such offense, unless such conviction occurred at least five (5) years prior to the date of the application; (4) The applicant has knowingly made any false, misleading or fraudulent statements of fact in the permit application or in any document required by the city in conjunction therewith; (5) The applicant has had a massage business, masseur or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five (5) years prior to the date of application; (6) The applicant, if an individual, or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. (7) Before any permit shall be issued under this article by the Director of Planning and Development, the Chief of Police shall first sign his approval for the application. Sec. 22-419. - Display of permits. The massage business permittee shall display his permit in an open and conspicuous place on the premises of the massage business. Sec. 22-420. - Fees generally. The permit fee for a massage business shall be seventy-five dollars ($75.00) per calendar year. Permit fees shall not be prorated. Sec. 22-421. - Additional locations. Should any massage business have more than one location where the massage services are to be provided, a separate permit, issued in accordance with this article, is required for each massage business location. Sec. 22-422. - Return of fee. No portion of any fee collected under this article shall be returned after a permit has been issued. Sec. 22-423. — Denial, Suspension and revocation of permits. (a) A massage business permit may be revoked or suspended in any case where any of the provisions of this article are violated, or where any licensee or employee of the licensee is engaged in any conduct which violates any of the state laws or city ordinances at the permittee's place of business, including but not limited to, working without a state license, engaging in sexual contact with customers, or working in the nude, and the permittee has actual or constructive knowledge thereof by due diligence. The revocation proceedings shall be as prescribed by subsection (b) of this section. (b) A massage business permit may be revoked or suspended by the City Council after notice and hearing for any cause set forth in this section. The Director of Planning and Development or his authorized agent shall initiate such proceedings by petition to the city secretary in writing setting forth specifically the grounds for revocation or suspension, and if a suspension, the length of time for which such suspension is requested. A copy of such petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, again setting forth the specific grounds upon which the Director of Planning and Development's petition is based, shall be given in writing by the city secretary through certified United States mail to the permittee at his last known address at least five (5) days prior to the date set for such hearing. The City Council shall, by a majority vote, determine whether or not such permit shall be revoked or suspended, and such action shall be final and conclusive. (c) Any applicant denied a permit shall have the right of appeal to City Council. Such appeal shall be taken by filing with the city secretary within ten (10) days after notice of the denial has been mailed to such person's address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The city secretary shall provide for a council hearing on such appeal at the earliest convenient regular city council meeting, and shall notify the appellant and Director of Planning of the date and time of such city council hearing in the same manner as provided in subsection (b). The council shall by a majority vote either sustain the action of the Director of Planning and Development or issue the permit. Sec. 22-424. - Transfer of permit prohibited. No massage business permit is transferable, severable or divisible, and such authority as a permit confers shall be conferred only upon the permittee named therein. Sec. 22-425. — Notice to City of changes in employment. Every permitted massage business shall immediately inform the city of any changes to the list provided in accordance with Section 22-416(4) of this article concerning the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business. Secs. 22-426-22-429. - Reserved. DIVISION 3. - OPERATION REGULATIONS Sec. 22-430. - Hours. No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m. on any day of the week. Sec. 22-431. - Alcoholic beverages prohibited. No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage business. Sec. 22-432. - Entrances, exits. No massage business shall have any entrance or any exit way providing a direct passageway to any, residence or living quarters. Sec. 22-433. —Access; open to public. (a) All massage establishments operating under the authority of this chapter are declared to be public places, and shall not, during business hours, have the doors to the entrances or exits of such establishments locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, such doors may be closed. A massage business is prohibited from operating as a private, member only enterprise. (b) Any law enforcement officer may inspect a massage business establishment at any time during business hours to determine whether the establishment is in compliance with this chapter and state law. Sec. 22-434. - Sanitation. (a) All premises used pursuant to this chapter shall be periodically inspected during regular business hours by the Director of Planning and Development or his authorized representative for safety of structure and adequacy of plumbing ventilation, heating and illumination. (b) Floors shall be free from any accumulation of dust, dirt and refuse. Well marked toilet and handwashing facilities for permittees, employees and patrons shall be provided. All walls, ceilings, windows and doors shall be free of dust, dirt, refuse and mold. In high humidity areas, including toilet rooms, shower rooms, steam rooms, locker rooms, and other such rooms, the walls, ceilings and floors shall be constructed or covered with a material that is smooth, nonabsorbent and easily cleaned. Sec. 22-435. - Sheets, towels, etc. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron. Soiled linens and towels shall be stored in a clearly marked receptacle and shall not be reused prior to laundering. Sec. 22-436. -Animals prohibited. No animals shall be permitted within a massage business at anytime. Sec. 22-437. - Equipment. All equipment used for the treatment of patrons at establishments regulated by this article shall be kept in a clean and sanitary condition, and the equipment shall be kept in a good and safe state of repair at all times." Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of 12015. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: &': � J y1z -4A ark T. Aslcins Assistant City Attorney REQUEST FOR CITY COUN Agenda Date Requested August 24, 2015 Requested By: Patrice Fogarty Department: City c , Report X Resolution: Ordinance: Exhibit: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte City Council is authorized to make appointments to boards, commissions and committees. Staff has determined the following individuals have agreed to volunteer for another term should Council wish to appoint them. Regarding the Airport Advisory Board — Consider new appointments or reappointing Hector Villarreal to Position 3 and Tucker Grant to Position 4, with three-year terms expiring August 31, 2018, or until successors have been appointed and qualified. Regarding the La Porte Tax Reinvestment Zone Number One (TIRZ 1) — Consider new appointments or reappointing Peggy Antone (current Secretary) to Position 1; Alton Porter to Position 3; and Doug Martin (current Vice Chair) to Position 5, with two-year terms expiring August 31, 2017, or until successors have been appointed and qualified. Regarding the La Porte Redevelopment Authority — Consider new appointments or reappointing Peggy Antone (current Secretary) to Position 1; Alton Porter to Position 3; and Doug Martin (current Vice Chair) to Position 5, to two-year terms expiring August 31, 2017, or until successors have been appointed and qualified. Regarding the Building Codes Appeals Board — Consider new appointments or reappointing Paul Larson to Position 3 and to Position 4, with three-year terms expiring August 31, 2018, or until successors have been appointed and qualified. Position 4 is vacant because Lin Pfeiffer resigned. Regarding the Chapter 172 Employee Retiree Insurance and Benefits Committee — Consider new appointment or reappointing Martha Gillett to Citizen Position 1; and Juliane Graham to Citizen Position 2, with two-year terms expiring August 31, 2017, or until a successor has been appointed and qualified. Regarding the Civil Service Commission — Consider ratifying the City Manager's appointment of Keith Trainer for a three-year term expiring August 31, 2018. Regarding the Fire Code Review Committee — Consider ratifying Jeff Brown as appointee of District 2; Woodrow Sebasta as appointee of District 3; Mark Follis as appointee of District 4; Jim Bridge as appointee of District 5; Bryan Moore as appointee of At Large A; and Lynn Green, as appointee by the Mayor, with three-year terms expiring August 31, 2018, or until a successor has been appointed and qualified. Regarding the La Porte Area Water Authority — Consider new appointments or reappointing Randy Woodard, Doug Martin and to two-year terms expiring August 31, 2017, or until successors have been appointed and qualified. Dennis Steger declined to serve another term; and there is a vacancy on this Board. Regarding the La Porte Development Corporation Board — Consider new appointments or reappointing Chuck Engelken, Nancy Ojeda, Richard Warren, and Randy Woodard to two-year terms expiring August 31, 2017, or until successors have been appointed and qualified. Regarding the La Porte Fire Control Prevention & Emergency Medical Services District Board — Consider new appointments or reappointing Dottie Kaminski, Robert Eldridge, Rick Guzman, and Ronald Nowetner to two-year terms expiring August 31, 2017, or until successors have been appointed and qualified. Regarding the Planning and Zoning Commission — Consider new appointments or reappointing Hal Lawler as the Mayor's appointee; Richard Warren as the District 2 appointee; and Helen LaCour as the District 3 appointee, to three-year terms expiring August 31, 2018, or until successors have been appointed and qualified. Regarding the Southeast Texas Housing Finance Corporation Board of Directors — Consider new appointment or reappointing Betty Moore as a director to a one-year term expiring on August 31, 2016, or until a successor has been appointed and qualified. Regarding the Zoning Board of Adjustment — Consider new appointments or reappointing Chester Pool to Position 1; T.J. Walker to Position 2; Rod Rothermel to Position 3; Charles Schoppe to Position 4; to Position 5; Nettie Warren to Alternate 1; and Doug Martin to Alternate 2, to two-year terms expiring August 31, 2017, or until successors have been appointed and qualified. There is a vacancy in Position 5 as Lawrence McNeal has resigned. Action Required by Council: Consider making appointments to various boards, committees and commissions. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24, 2015 Requested By: Rosalyn Epting Department: Parks & Recreation Report: Resolution: Ordinance: Exhibits: Emails From Arena Users Appropriation Source of Funds: N/A Acct Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the June 22, 2015 Council Meeting, staff was directed to obtain feedback on the proposed new rules for open riding at the Lomax Rodeo Arena. Feedback was obtained from two local riders and the La Porte Livestock Show and Rodeo Association. Their emails can be seen in the attached exhibit and the feedback ranged from being fine with the rules as written to requesting multiple changes and suggested that excluding non-residents or charging an hourly rental fee for non-residents was unnecessary. The Association is more than happy to work with whatever rules the City decides on, but had concerns regarding non-residents driving over to find out they cannot use the arena. Staff's understanding is that the purpose of these rules is to limit issues that have occurred at the arena. Some of those issue that have been brought to staff's attention include: individuals monopolizing time, groups running others out of the arena, and non-resident usage. Staff feels that although not all individuals agreed on the final set of rules, the purpose of the rules has been addressed. Proposed rules: 1. Open riding is available during operational hours when no rentals are occurring. 2. Non -Residents are not allowed to use open riding unless they are a guest of a Resident that is with them. 3. Non -Residents have the ability to rent the arena on an hourly basis if they are not a guest of a Resident. 4. No paid private instruction during open riding per ordinance. 5. Rough stock, roping, barrel racing, or any other activities that would exclude other participants from safely using the arena, are not allowed during open riding. 6. During open riding, all riders are welcome in the arena, no exclusions. 7. Those wanting exclusive time in the arena (for barrel racing, roping, etc.) will need to rent it by calling 281-470-7275. 8. Rentals will be posted on the bulletin board by the concession stand on a weekly basis. 9. If a conflict occurs, please contact the Parks & Recreation Department at 281-470-7275, Monday - Friday, 8am-5pm. 10. If a conflict occurs outside of the Parks & Recreation Department hours listed above, please call the non -emergency Police Department at 281-471-2141. Currently the arena is available for full day rentals (Monday —Thursday $150/day, Friday -Sunday $200/day). With the rules above, individuals would have the opportunity to rent the facility on an hourly basis for any usage that is not allowed during open riding or if a user wanted guaranteed exclusive time in the arena. The rentals would be very similar to other facility rentals within the department, however there will be some differences due to the nature of the facility. The rental specifics are as follows: • Rental fees would be $25 per hour. Rentals would be available from 8am-11pm. • Renters would only be allowed to book two weeks of rentals at a time. (For example: If someone has rentals this week and next, they cannot rent any dates the week after until this week's rentals are completed). • Certificates of insurance are required for all rentals involving animals. • No ground preparations will be completed for hourly rentals. • No caretaker will be provided for hourly rentals. • The rental schedule will be posted on Thursday of each week. Staff would like to implement these changes at the Lomax Rodeo Arena starting October 1, 2015. This will give staff enough time to post the changes and add the rental rate to the City's fee schedule, as well as try to contact arena renters within the last year via email (for those that provided one on their rental contract). Action Required by Council: Consider approval or other action to adopt open riding rules and hourly rentals at Lomax Rodeo Arena. Approved for City Council Agenda Corby D. Alexander, City Manager Date Epting, Rosalyn From: Randa Childers<randa.childers@gasandsupply.com> Sent: Tuesday, July 07, 2015 2:57 PM To: Epting, Rosalyn Subject: HELLO The rules look good --let us know if you want to meet TTTTFTIPTMI�� IWS GAS r SUPPLT ACCOUNT PURCHASING.AND 9 ' 0it Our goal is to make it so easy to do business with us that no alternatives are considered. How are we doing? Click here to take our survey. Eptin , Rosalyn From: R. Lunsford <barrelracer2@comcast.net> Sent: Thursday, July 30, 2015 2:53 PM To: Epting, Rosalyn Subject: Re: Lomax Arena Rough Draft of Rules have read it over and have talked with a few people, and since LPLSRA canceled their July meeting I have not had a chance to bring it to them ... their next meeting should be Aug. 6... But here are mine and other opinions: I have numbered your rules for simplicity. am thinking we don't need to make the arena restricted to residents only, nor charge for hourly rental.. Looking at the list, our opinion is take out bullet points#2-5 , since #6 would fix a lot of problems... change # 7 to take out "individual" and replace with "group", and then in parenthesis add drill teams ... since that is what started all this ... it is not the team ropers, barrel racers, or local riders having problems with each other, it is outside GROUPS coming in, setting up BBQ pits at the entrance to the arena, and setting up cones and flags in the arena and running everyone else off —and they are there sometimes several days in a row for hours each time... You also need to take down the current sign about limiting use to one hour, since that is interpreted based on individual opinion... Adding to the rules you need: No Alcohol without a permit and officers, Or whatever the ordinance states. No Glass Bottles of any kind No horses or other livestock on concrete close to concession or bleacher area. No BBQ pits set up under arena cover unless arena is rented. The Texas Equine Liability Law needs to be posted where all can see it also. sincerely want it to be simple, and straightforward without causing any more work for the city to oversee. Best is to Paint a large board with these rules, Most other arena's I go to, have similar rules. Call me if you need, Thank you so much for listening. Ronda Lunsford 281-723-2983 1 Eptln , Rosalyn From: Alexander, Corby Sent: Tuesday, July 07, 2015 1:20 PM To: Ricky A Dean Cc: Earp, Danny; Epting, Rosalyn; Leach, Traci Subject: RE: FW: Lomax Arena Rough Draft of Rules The insurance policy would need to match the name fort he person ore ntity renting the facility. Thanks, for your input. From: Ricky A Dean [mailto:RDean@ashiand.com] Sent: Tuesday, July 07, 2015 12:00 PM To: Alexander, Corby Subject: Re: FW: Lomax Arena Rough Draft of Rules The area on the insurance needed for hourly rentals, does this mean if you rent under your name the insurance provider would need to have your name on the policy and not a group name. Such as Gulf Coast Barrel racing, American Roping Assoc. or Tim Brocks insurance policy. I know some people use other peoples insurance policy for events and I do not want to make a mistake. One of the other things is the arena has been getting Not of publicity from the open riding we offer and I do not want to lose the chance to rent it and make money for the City or the Association. think some people want to lock it down for themselves to use at there will. I do not want a bad reputation for La Porte to appease one persons needs or the Associations needs. understand some people take advantage of it but most are just good people trying to have a family or friend outing and they also chose to ride horses. I meet alot of the people who ride out there and if you take the time to introduce yourself and speak to them with respect they all tend to listen in most cases. I think it is all in the approach some people take. think whatever you propose will work and we can all benefit from it, but expect slot of calls and conflicts until the word gets out. You drive for 1 1/2 hours to find out you cant ride and it would not make you happy We serve people from all over the surrounding area and 1 know some people will be watching over it. If we can help let us know. Thanks Rick From: "Alexander, Corby" <AlexanderCQlaportetx.gov> To: Ricky A DeanlTexasCity/Ashland@Ashland Date: 07/07/2015 12:26 PM Subject: FW: Lomax Arena Rough Draft of Rules Rick, I'm not sure if you have seen the attached proposed rules for the Lomax Arena. In particular, the rules are being set forth to govern open riding times at the facilities, We welcome Input from any stakeholder, Please, feel free to share this information with others as you see. We would also be happy to sit down and discuss the proposal with any or all of the Association at a time convenient to the Association. Just let me know. Regards, Corby D. Alexander, City Manager City of La Porte, Texas 604 West Fairmont La Porte, Texas 77571 Phone: 281-470-5011 Fax: 281-842-1259 [attachment "Open Riding Rules July 2015.docx" deleted by Ricky A Dean/TexasCity/Ashland] [attachment "Rick Dean.vcf" deleted by Ricky A Dean/TexasCity/Ashland] ------ --- r-­.- his e-mail contains information which may be privileged, confidential, proprietary, trade secret andlor otherwise legally protected. It is not intended for transmission to, or receipt by, any unauthorized persons. If you are not the intended recipient, please do not distribute this e-mail. Instead, please delete this e-mail from your system without copying it, and notify us that you received it in error, so that our address record can be corrected. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. No waiver of any applicable privileges or legal protections is intended (and nothing herein shall constitute such a waiver), and all rights are reserved. Council Agenda Item August 24, 2015 10. (a) Receive report of Fiscal Affairs Committee — Councilmember Engelken *********************************************************************************** Council Agenda Item August 24, 2015 11. ADMINISTRATIVE REPORTS City Council Meeting, Monday, September 14, 2015 City Council Meeting, Monday, September 24, 2015 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Engelken, Earp, Clausen, Martin, Kaminski, Zemanek, Leonard and Mayor Rigby 13. ADJOURN ******************************************************************