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HomeMy WebLinkAbout2007-12-03 Special Called Regular Meeting and Workshop Meeting of La Porte City Council 5 A MINUTES OF SPECIAL CALLED REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL December 3, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Porter at 6:05 p.rn. Members of City Council Present: Mayor Pro Tern Rigby, Council members Tommy Moser, Mike Clausen, Georgia Malone, Mike Mosteit Chuck Engelken, Barry Beasley and Mayor Porter. Members of Council Absent Howard Ebow Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, City Manager Ron Bottoms, Assistant City Manager John Joems, Planning Director Wayne Sabo, Interim Finance Director Michael Dolby, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Building Official Debbie Wilmore, Assistant Fire Chief John Dunham, EMS Chief Ray Nolen, Main Street Coordinator Debra Dye, Economic Development Coordinator Gretchen Black, Sergeant Matt Daeumer, Controller Phyllis Rinehart, Fire Chief Mike Boaze, Assistant Chief of Police Aaron Corrales Tax Manager Kathy Powell and a number of other employees. Others Present John Handy of Houston Chronicle, Adam Yanelli of Bayshore Sun, Reverend Charles Monet of St. Mark's United Methodist Church, Phillip Hoot David Janda, Roy Green, Pam Summers and representatives from Bay Area Convention and Visitors Bureau and other citizens. 2. Reverend Charles Monet of St. Mark's United Methodist Church delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS I PROCLAMATIONS A. Mayor Pro Tern Louis Rigby presented Michael Dolby, Phyllis Rinehart and Shelly Wolny a Certificate of Distinction for the Investment Policy for a two year period ending October 31, 2009. B. Roy Green presented an update on Bay Area Houston Convention & Visitor's Bureau. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Workshop of La Porte City Council held on November 12,2007. B. Council to consider approval or other action amending Code of Ordinance Chapter 30, Article'" "Emergency Medical" Services to include "Billing Policy and Procedures" . City Council Special Called Regular Meeting, and Workshop Meeting - December 3, 2007 Page 2 Item B was pulled for discussion. Motion was made by Council member Beasley to aoorove consent agenda as oresented with the exceDtion of the revised caDtion in Ordinance 2273 B. Second by Council member Mosteit The motion carried. Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Mosteit, Beasley Engelken and Malone Nays: None Abstain: Engelken abstained on item A. Absent Ebow 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCil ON ANY ITEM POSTED ON THE AGENDA. There was no one wishing to address City Council. 7. Ron Bottoms considered canceling December 17,2007 City Council Meeting. This item is being pulled because of the possible need for a meeting on December 17,2007. 8. Close Regular Meeting and Open Workshop at 6:25 p.m. A. Discussed In-Fill Sidewalk Construction Projects for FY2007 -2008 and provide staff with direction. (W. Sabol Council directed staff to move forward with this project B. Discussed possible changes to Weed Height Requirements and Mowing fees and provide staff with direction. (D. Wilmore) Council directed staff to consider the following and bring back to a future meeting for discussion: look at administration fees for the various departments. Height restrictions for residential at 6 inches and 12 inches for acreage areas. Strengthen the language on height on acreage sides beyond the 150 ft. distance where needed. C. Discussed Disability Insurance and Sick Buy Back. Council directed staff to move forward (Memo in packet outlines proposed plan). 9. Close Workshop Meeting and re-convene Regular Meeting at 7:30 p.m. City Council Special Called Regular Meeting, and Workshop Meeting - December 3,2007 10. Administrative Reports Page 3 City Manager Ron Bottoms provided Council with the following Administrative Reports: Christmas on Main Street - December 6, 2007 - Main Street - 5:30 p.m. - 9:00 p.m. Holiday/Christmas Party - December 7, 2007 - Sylvan Beach Pavillion - 6:00 p.m. - 11 :00 p.m. Meet & Greet City Manager Ron Bottoms - December 13, 2007 - Council Chambers - 4:00 p.m. - 6:00 p.m. December 11th, Sylvia Garcia will be hosting an open house at the Kyle Chapman Annex. The Senior Citizens will be having their annual melodrama on December 14th at 11 :00 a.m. 11. Council Comments-Beasley, Malone, Engelken, Mosteit Clausen, Rigby, Moser and Porter. 12. EXECUTIVE SESSION- PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) A. 551.087 - Deliberation Regarding Economic Development Negotiations B. 551.071 - Pending or Contemplated Litigation C. 551.072 - Deliberation of Purchase, Exchange, lease or value of Real Property Meet with City Attorney and City Manager to Discuss Industrial District Agreement Negotiations Meet with City Attorney and City Manager to Discuss Flanagan Shipping Lease Meet with City Attorney and City Manager to discuss assuming a Utility right-of-way Council retired to Executive Session at 7:40 p.m. and returned to the Regular Meeting at 8:42 p.m. 13. Considerations and possible action on items considered in executive session. There was no action taken. 14. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:43 p.m. City Council Special Called Regular Meeting, and Workshop Meeting - December 3, 2007 Page 4 ~e~e~tfully submitted, ~/ r Jat#la ptfrap Martha Gillett, TRMC, CMC City Secretary Passed and approved on this 17th day of December, 2007 ~.\p~- Mayor Alton E. Porter B f11';;!!eJ7-t:l3 REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Agenda Date Requested: December 17. 2007 Source of Funds: Nt A Requested By: Wayne J. Sabo Account Number: NtA Department: Plannin2 Amount Budgeted: NtA Report: _Resolution: _Ordinance: L.. Amount Requested: Nt A Exhibits: A. Ordinance B. Permit Application C. Letter of Request D. Area Map Budgeted Item: _YES ..-X..-.NO SUMMARY & RECOMMENDATION HSC Pipeline Partnership, L.P., a Delaware limited partnership, has filed application with the City to install an 8" and a 6" Liquefied Petroleum Gas Pipeline. The pipeline will be used to transport liquefied petroleum gases from an existing pipeline in the Pasadena Refinery area to an existing pipeline in La Porte north of SH 225. The route through the City of La Porte is shown on Exhibit "0" of this agenda packet and described in the permit application form (see Exhibit "B"). The 8" pipeline starts at an existing valve site in the Pasadena Refinery area and runs to a surface site in La Porte. The 6" pipeline exits the surface site and ties into an existing pipeline south of Union Pacific in La Porte. The 8" and 6" pipelines will be installed within an existing pipeline corridor as well as easements secured from Centerpoint Energy throughout the entire route. Directional boring will be utilized crossing Big Island Slough (8106-00-00) to a depth of 21.2' under the existing flow line of the channel and 7.0' under the channel's ultimate flow line. Old Underwood Road and Old La Porte Road will be the only publiC streets in La Porte that will be crossed. The 8" pipeline will operate at a maximum operating pressure of 1480 PSI, will be tested to a minimum 2220 PSI, and have a minimum yield strength of 52,000 PSI. The 6" pipeline will operate at a maximum pressure of 1440 PSI, will be tested to a minimum 2180 PSI, and have a minimum yield strength of 42,000 PSI. In reviewing the permit application and plans as submitted, Staff has determined no conflict is anticipated with existing City infrastructure or existing pipelines. This request meets all requirements of Ordinance 2004-2755 and the pipeline application fee of $1000.00 has been paid. Any future relocation of the pipeline permitted within the City, State or County rights-of-way shall be at the sole expense of the Permittee. In accordance with Section 102-236 and 102-237, City Council must review and approve the permit application. If approved, City Council will thereby authorize the Director of Planning or his designee to execute the permit in duplicate originals, one which shall be delivered to the Permittee and one which shall be retained by the City. ordinance authorizing the Planning Director to execute a Pipeline Permit as requested by HSC rship, L.P. for installation of an 8" and a 6" LPG Pipeline. Ron Bottoms, City Manager IJ.; /IJ 101 Da~ Exhibit "A" to Agenda Packet Ordinance ff- 2aJ7-p3 ORDINANCE NO. 2007- 3 0 4 CS AN ORDINANCE GRANTING A PERMIT UNDER ORDINANCE NO. 2004-2755, BEING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, "PIPELINE TRANSPORTA nON" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, TO CONSTRUCT AN EIGHT (8") INCH AND A SIX (6") INCH PIPELINE SYSTEM FOR THE TRANSPORTATION OF LIQUlFIED PETROLEUM GASSES; 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: Section 1. The City Council of the City of La Porte has received an application dated June 8, 2007 from HSC Pipeline Partnership, L.P., requesting a permit under Ordinance No. 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline Transportation" of the Code of Ordinances of The City of La Porte, to construct and operate its 8-inch and 6-inch pipeline for the transportation of LIQUIFIED PETROLEUM GASSES, crossing the City of La Porte, all as shown on said application. The application of HSC Pipeline Partnership, L.P. has been reviewed by the Director of Planning, who has found that said application meets all requirements of Ordinance 2004-2755, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the application ofHSC Pipeline Partnership, L.P., dated June 8, 2007, and this Ordinance authorizes the Director of Planning or his designee to execute the permit as requested by applicant. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City 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 PASSEDANDAPPROVEDTBIS /7J1--DAYOF [JECefh/Jer ,2007. By: City of La Porte f'\ ~ \J~ <:\" ~-'- U t ~.......e---. Alton E. Porter, Mayor ATTEST: By: APPROVED: ~T~ Clark T. Askins, City Attorney Exhibit "B" to Agenda Packet Permit Application CITY OF LA PORTE., TEXA.S PIPELINE PERMIT ApPLICATION ff?a?7-tl3 ... ...... ..... ............... ....... ...INFORMA.TlON ON OWNER A.ND ApPLlCA.NT ............ ..................... ...... ...... Company Nama: ESC PIPELINE PARTNERSHIP, L. P. Company Address: P.O. BOX 4324, HOUSTON, TX 77210-4324 713-803-8206 ph Phone and Fax Number: 713-803-2801 fax emait:kwebster@eprod. corn Person Submitting Application: DAVID TURNBO Title of Person Submitting Apoiication: RIGHT-OF-WAY AGENT 713-644-3219 ph Phone and Fax Number: 7l3-:El 4 9-002 0 fax emait:dturnbo@gulonline. corn Acting for Owner as: PERMIT AGENT Principal Contact for Submittal Information: KYLE L. WEBSTER Title of Principal Contact RIGHT-OF-WAY MANAGER 713-803-8206 ph Phone and Fax Number: 71 3-803-2801 fax EmaH: kwebster@eprod.com ..........................INFORMATION ON TWENTY-FOUR HOUR EMERGENCY CONTACTS.......................... Twenty-Four Hour Emergency Contact: LIQUIDS CONTROL CENTER Title of Twenty-Four HDur Emergency Contact: JEFF V. MYERS, REGIONAL MANAGER Phone and Fax Number. 1 -800 -54 6-3 4 82 Emait: j vmyers@eprod.com Other Numbers for Emergen:;y Contact (pager, cellular, etc.): 71 3 - 803 - 8730 Altemate Twenty-Four Hour Emergency Contact 800 - number above- 24 -hours Title Df Alternate Twenty-Four Hour emergency Contact: Phone and Fax Number: Email: Other Numbers for Alternate Contact (pager, cellular, etc.): ......... ...... ........ ...... ..... .......... ..BASIC INFORMATION ON PIPELINE... ......... ................... ............ ....... 8.625" O.D. & Size in Diameter. 6..625" O.D. Commodity(s):LIQUIFIED PETROLEUM GASES 8"-EXISTING PIPELINE AT SHELL REFINERY IN PASADENA Origin Point: 6"-PUMP STATION SURFACE SITE IN LA PORTE 8" ENTERPRISE SURFACE SITE IN LAPORTE SOUTH HWY 225 Destination Point 6" EXISTING PIPELINE SOUTH OF UNION PACIFIC 8"-1020 PSI 8"-1480 PSI Normal Operating Pressure: 6 "_1 000 PSI Maximum Operating Pressure: 6 II - 1 440 PSI Maximum Allowable Temperature (if appiicable): N / A Exhibit "C" to Agenda Packet Letter of Request ?7=- W~/ -tY3 GULLETT & ASSOCIATES, INC. 7705 South Loop East -77012 P.O. Box 230187 -77223 Houston, Texas 713-644-3219 Fax: 713-649-0020 December 4,2007 Planning Department Mr. Rodney L. Slaton City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 RE: Revised Permit Application package for HSC PIPELINE PARTNERSHIP, L.P. to install one 8" pipeline and one 6" pipeline within the city limits of the City of La Porte, Harris County, Texas. Dear Mr. Slaton: HSC PIPELINE PARTNERSHIP, L.P. a Delaware limited partnership whose address is P.O. Box 4324 Houston, Texas 77210-4324, is hereby requesting a pipeline permit. The pipeline system will be used to transport liquefied petroleum gases (MSDS sheet attached). The 8" pipeline starts at an existing valve site in the Pasadena Refinery area and runs to a surface site in LaPorte. The 6" pipeline exits the surface site and ties into an existing pipeline south of UnionPacific in LaPorte. The route through the City of La Porte is shown on the attached map, and described in the permit application form. The 8" and 6" pipeline will be installed in an existing pipeline corridor or parallel existing pipelines the entire route. Plan and profile are attached showing the city streets in the City of La Porte that will be crossed. 8" crossing Underwood Road Drawing CA-2867-012, Cad file 2867112_-1 6" crossing Old La Porte Road Drawing CA-2867-018, Cad file 2867118_-1 The 8" pipeline will be 8.625" outside diameter with a 0.250" wall thickness, and will be API 5L X 52 ERW pipe with 15-22 mils thick fusion bond epoxy coating and 25-30 mils aro coating. The 8" pipeline will operate at a maximum operating pressure of 1480 PSI, will be tested to a minimum 2220 PSI, and have a minimum yield strength of 52,000 PSI. The 6" pipeline will be 6.625" outside diameter with 0.280" wall thickness, and will be API 51 X 42 ER W pipe with 15-22 mils thick fusion bond epoxy coating and 25 mils aro coating. The 6" pipeline will operate at a maximum operating pressure of 1440 PSI, will be tested to a minimum 2180 PSI, and have a minimum yield strength of 42,000 PSI. The pipelines will be regulated by the Texas Railroad Commission as an Intrastate Pipeline. All design, materials and construction will, as a minimum, comply with the following codes, ordinances and standards as applicable: · The Department of Transportation ("DOT") Standard CFR Title 49, Part 195 "Transportation of Hazardous Liquids by Pipeline", and The "Railroad Commission of Texas, Pipeline Safety Rules, Part IV · ASME B31.8. "Gas Transmission and Distribution Piping Systems, · u.S. Department of Labor Regulations Title 29, CFR 1910 and 1925, "Occupational Safety and Health Standards", · API 1104, "Standard for Welding Pipelines and Related Facilities". HSC PIPELINE PARTNERSHIP, L.P. hereby makes this statement, that it agrees to the conditions and obligations set out in ORDINANCE NO. 2004 - of the City of La Porte Pipeline Ordinance; Section 1; Article IV. Pipeline Transportation, Sec 102-235 Application for Permit 3 0), 3 (k), and 3 (1), and all sections thereof that apply, regardless if said section(s) are specifically mentioned in this letter. The anticipated construction start date is scheduled to begin by December 17, 2007. Also enclosed herewith is a check in the amount of $ 1,000.00 for initial permit fee and the appropriate insurance certificate. If additional information is required, please contact David Turnbo, at (713) 644-3219 or 713-252-2151. Thank you in advance for your prompt attention to this matter. Sincerely, ]) o--dJ ? ~ David Turnbo, Agent Land & Right of Way Department Exhibit "D" to Agenda Packet Area Map ,.._........"........._-..,..- --- 8 , N \Xl 01 '-l ~ ~ j ~ I ,I U~ .,.. . s gJ . 't F o ~~-_._-_..._._._......- --"'''- B i i ~ !.' # i'I ~ iii ~ .,. '" ; ~ i '" ... UNDERWOOD 1 I "I I l q i OM^" PUOISI 6/8 SCHOOl IRlEY SEN Vl )> Zc ." ro ." ~ i:g () z 6 -'" VlC r;:Vl ~"2 mH ~ % ~ :DO :u- --f tn< 00 0" c:.... Z~ -f <" \II 0 -I:u ft1-1 ><m ~ tn ~ ~ ~ c ~za7?'-t?~ REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Agenda Date Requested: December 17. 2007 Source of Funds: Nt A Requested By: Wayne J. Sabo Account Number: NtA Department: Plannint! Amount Budgeted: NtA Report: _Resolution: _Ordinance: -X- Amount Requested: Nt A Exhibits: A. Ordinance B. Permit Application C. Letter of Request D. AreaMap Budgeted Item: _YES ..K...NO SUMMARY & RECOMMENDATION HSC Pipeline Partnership, L.P., a Delaware limited partnership, has filed application with the City to install an 12" & 8" Natural Gas Liquids pipeline. The pipeline system will be used to transport natural gas liquids. The 12" pipeline starts from an existing valve site/pipeline in the in the Pasadena Refinery area to a surface site in La Porte. The 8" pipeline exits the site crossing SH 225 and terminates at an existing valve site north of SH 225. The route through the City of La Porte is shown on Exhibit "0" of this agenda packet and described in the permit application form (see Exhibit "B"). The 12" and 8" pipelines will be installed within an existing pipeline corridor as well as easements secured from Centerpoint Energy throughout the entire route. Directional boring will be utilized crossing Big Island Slough (B 106-00-(0) to a depth of 21.2' under the existing flow line of the channel and 7.0' under the channel's ultimate flow line. Old Underwood Road, Houston Street and Old La Porte Road are the only roadways in La Porte that is crossed. The 12" pipeline will operate at a maximum operating pressure of 1119 PSI, will be tested to a minimum 1528 PSI, and have a minimum yield strength of 52,000 PSI. The 8" pipeline will operated at a maximum operating pressure of 2220 PSI, will be tested to a minimum 3330 PSI, and have a minimum yield strength of 52,000 PSI. In reviewing the permit application and plans as submitted, Staff has determined no conflict is anticipated with existing City infrastructure or existing pipelines. This request meets all requirements of Ordinance 2004-2755 and the pipeline application fee of $1000.00 has been paid. Any future relocation of the pipeline permitted within the City, State or County rights~of-way shall be at the sole expense of the Permittee. In accordance with Section 102-236 and 102-237, City Council must review and approve the permit application. If approved, City Council will thereby authorize the Director of Planning or his designee to execute the permit in duplicate originals, one which shall be delivered to the Permittee and one which shall be retained by the City. Action Reauired bv Council: n ordinance authOrizing the Planning Director to execute a Pipeline Permit as requested by HSC artnership, L. . for installation of an 12" and an 8" Natural Gas Liquids Pipeline. enda Ron Bottoms, City Manager 1J,!J,~1 Date Exhibit "A" to Agenda Packet Ordinance ;P/= ~7-t?~ ORDINANCE NO. 2007- 30 4- g AN ORDINANCE GRANTING A PERMIT UNDER ORDINANCE NO. 2004-2755, BEING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, "PIPELINE TRANSPORTA TION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, TO CONSTRUCT A TWELVE (12") INCH AND AN EIGHT (8") INCH PIPELINE SYSTEM FOR THE TRANSPORTATION OF LIQUIFIED PETROLEUM GASSES; 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: Section 1. The City Council of the City of La Porte has received an application dated June 8, 2007 from HSC Pipeline Partnership, L.P., requesting a permit under Ordinance No. 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline Transportation" of the Code of Ordinances of The City of La Porte, to construct and operate its 12-inch and an 8-inch pipeline for the transportation of NATURAL GAS LIQUIDS, crossing the City of La Porte, all as shown on said application. The application of HSC Pipeline Partnership, L.P. has been reviewed by the Director of Planning, who has found that said application meets all requirements of Ordinance 2004-2755, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the application ofHSC Pipeline Partnership, L.P., dated June 8, 2007, and this Ordinance authorizes the Director of Planning or his designee to execute the permit as requested by applicant. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City 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 PASSED AND APPROVED THIS 17/~DAYOF OfC'kh18?r ATTEST: BY:vQ7fl1:jj/l ,cJ1cltIJ artha Gillett, City Secretary APPROVED: Pf~~~ Clark T. Askins, City Attorney , 2007. City of La Porte By: ~~2~ Alton E. Porter, Mayor Exhibit "B" to Agenda Packet Permit Application CiTY:>F Lb. PC>RE., T ~}~L.S ?1?:UN: ?:RMIT A??UCA.TI:>N p:;-:. ;taJ7 -t?~ ....................... ................iNPDRNlA.TION ON OWNSR. AND A??L1CAl\l' ............................................. Company NamE: HSC PIPELINE PARTNERSHIP, L. P. Company Acldre::s:: P.O. BOX 4324, HOUSTON, TX 77210-4324 713-803-8206 ph PnoneandFaxNumber 713-803-2801 fax::mait:kwebster@eprod.com Persoll Submitting .L.ppiicatbn: DAVID TURNBO Title of Persoll Submitiing AnDiicauon: RI GHT-OF - WA Y AGENT 713-644-3219 ph Phone and Fax Number 713-:649 -00 2 0 fax Emai\:dturnbo@gulonline. corn Acting br Owner as:: PERMIT AGENT Prirdpa\ Contact for Submittallnformauon: KYLE L. WEBSTER Title 01 Principal Contact: RIGHT-OF-WAY MANAGER 713-803-8206 ph Phone and Fax t~umber: 71 3 -8 0 3-2 8 0 1 fax Em~ kwebster@eprod.com . .......... ............. ..INFORMATION ON TWENTY.FoUR HOUR EMERGENCY Co NT ACTS......... ................, Twenty-Four HDur Emergency Contact: LIQUIDS CONTROL CENTER Title 01 Twenty-FoUl HDur Emergency Contact: JEFF V. MYERS, REGIONAL MANAGER Phone and Fax Number 1 - 8 0 0 - 5 4 6 - 3 4 8 2 emait; j vrnyers@eprod.com other III umbers for Emergency Contact (pager, cellular, etc.): 71 3 - 803 - 8730 Alternate Twenty-FDur Hour Emergency Contact 800 - number above- 24 -hours Title of ,LlJternate Twenty-Four HOIll emergency COiltact Phone and Fax Number - ., r::mah: Other Numbers for Alternate Contact (pager, cellular, etc.): .................. ............ .......... ... ... BASIC INFORMATION ON PIPELlNE.......... ......... ...... ....... ................... 12.750" O.D. & Size in Diameter. 8.625 II O. D. Commo::ii\v(sl: NA TURAL GAS LIQUIDS 12"-EXISTING PIPELINE AT SHELL REFINERY IN PASADENA Origin Point: 8"-PQMP STA.TION SURFACE SJ;TE IN LA PORTE _. 12" - ENTERPRISE SITE IN LA PORTE Destination Point 8" - VALVE SITE NORTH OF HWY 22S 12"- 740 PSI l-lormai Operating Pressure: 8" - 1 4 4 0 _P.S I h/ia;:imum Operati"lg Pressure: 12"- 1119 PSI 8"-2200 PSI MaXimum Albwable Tempeiature (if applicable): N / A Exhibit "C" to Agenda Packet Letter of Request ff. J!a77 - r;~ GULLETT & ASSOCIATES, INC. n05 South Loop East-nOl2 P.O. Box 230187 - 77223 Houston, Texas 713-644-3219 Fax: 713-649-0020 December 4, 2007 Planning Department Mr. Rodney L. Slaton City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 RE: Revised Permit Application package for HSC PIPELINE PARTNERSHIP, L.P. to install one 12" pipeline and one 8" pipeline within the city limits of the City of La Porte, Harris County, Texas. Dear Mr. Slaton: HSC PIPELINE PARTNERSHIP, L.P. a Delaware limited partnership whose address is P.O. Box 4324 Houston, Texas 77210-4324, is hereby requesting a pipeline permit. The pipeline system will be used to transport natural gas liquids (MSDS sheet attached). The 12" pipeline starts from an existing valve site/pipeline in the Pasadena Refinery area runs to a surface site in Laporte. The 8" pipeline exits the site crossing HWY 225 and terminating at an existing valve site North of Hwy 225. The route through the City of La Porte is shown on the attached map, and described in the permit application form. The 12" and 8" pipeline will be installed in an existing pipeline corridor or parallel existing pipelines the entire route. Plan and profile are attached showing the city streets in the City of La Porte that will be crossed. 12" crossing Underwood Road Drawing CA-2867-012, Cad File 2867112_ 12" crossing Houston Street Drawing CA-2867-019, Cad File 2867119A 8" crossing Houston Street Drawing CA-2867-019, Cad File 2867119A-1 8" crossing Old La Porte Road Drawing CA-2867-017, Cad File 2867117_ The 12" pipeline will be 12.750" outside diameter with a 0.250 wall thickness, and will be API 5L X 52 ERW pipe with 15-22 mils thick fusion bond epoxy coating and 25-30 mils aro coating. The 12" pipeline will operate at a maximum operating pressure of 1119 PSI, will be tested to a minimum 1528 PSI, and have a minimum yield strength of 52,000 PSI. The 8" pipeline will be 8.625" outside diameter with a 0.250" wall thickness, and will be API 5L X 52 ERW pipe with 15-22 mils thick fusion bond epoxy coating and 25-30 mils aro coating. The 8" pipeline will operate at a maximum operating pressure of 2220 PSI, will be tested to a minimum 3330 PSI, and have a minimum yield strength of 52,000 PSI. The pipelines will be regulated by the Texas Railroad Commission as an Intrastate Pipeline. All design, materials and construction will, as a minimum, comply with the following codes, ordinances and standards as applicable: · The Department of Transportation ("DOT") Standard CFR Title 49, Part 195 "Transportation of Hazardous Liquids by Pipeline", and The "Railroad Commission of Texas, Pipeline Safety Rules, Part IV · ASME B31.8. "Gas Transmission and Distribution Piping Systems, · U.S. Department of Labor Regulations Title 29, CFR 1910 and 1925, "Occupational Safety and Health Standards", · API 1104, "Standard for Welding Pipelines and Related Facilities". HSC PIPELINE PARTNERSHIP, L.P. hereby makes this statement, that it agrees to the conditions and obligations set out in ORDINANCE NO. 2004 - of the City of La Porte Pipeline Ordinance; Section 1; Article IV. Pipeline Transportation, Sec 102-235 Application for Permit 3 0),3 (k), and 3 (1), and all sections thereof that apply, regardless if said section(s) are specifically mentioned in this letter. The anticipated construction start date is scheduled to begin by December 17, 2007. Also enclosed herewith is a check in the amount of $ 1,000.00 for initial permit fee and the appropriate insurance certificate. If additional information is required, please contact David Turnbo, at (713) 644-3219 or 713-252-2151. Thank you in advance for your prompt attention to this matter. Sincerely, 7J~r9~ David Turnbo, Agent Land & Right of Way Department Exhibit "D" to Agenda Packet Area Map CITY OF LA PORTE HARRIS COUNTY, TEXAS ff- ;?a77~ l< P"" " Fl1~..." UPPER SAN JACINTO BAY BUSCH ISLAND ~ ;; tAST 13TH ""''''' '" m 8 \1 ffi o z ::> i PROPOSED 1 r PPEl.N: '" '" .. ~ m ~ i i" 1,000' SOO' D' ~ ,- 2,DOO' ~"". I H8C PPEL.IlE P_. LLC -- .... PIlOPOSEIl r . ,2' PlPElJES art fE LA POR1E ROUtE WAf' HARRfS COIMTY. lEXAS o D ff-~7-6J5 REQUEST FOR CITY COUNCIL AGENDA ITEM A~DroDriation Agenda Date Requested: December 17. 2007 Req.....d By' W"".. J. M Department: Plannine Source of Funds: NtA Account Number: NtA Amount Budgeted: Nt A Report: _Resolution: _Ordinance:-X- Amount Requested: NtA Exhibits: A. Ordinance B. Permit Application C. Letter of Request D. AreaMap Budgeted Item: _YES ....K.-NO SUMMARY & RECOMMENDATION SOUTH TEXAS NGL PIPELINES, LLC, a Delaware limited partnership, has filed application with the City to install a 6" Natural Gas Liquids pipeline. The pipeline will be used to transport liquefied petroleum gases from an existing pipeline in La Porte. The pipeline then connects to a surface site, exits the surface site and continues on until tying into an existing 6" pipeline south of Union Pacific in La Porte. The route through the City of La Porte is shown on Exhibit "0" of this agenda packet and described in the permit application form (see Exhibit "B"). The 6" pipeline will be installed within easements granted by Allwaste Tank Cleaning, Inc., Louisiana Chemical Company, and Union Pacific Railroad. Old La Porte Road and Houston Street are the only roadways in La Porte that will be crossed by this pipeline. The pipeline will operate at a maximum operating pressure of 1440 PSI, will be tested to a minimum of 2180 PSI, and have a minimum yield strength of 42,000 PSI. In reviewing the permit application and plans as submitted, Staff has determined no conflict is anticipated with existing City infrastructure or existing pipelines. This request meets all requirements of Ordinance 2004-2755 and the pipeline application fee of $1000.00 has been paid. Any future relocation of the pipeline permitted within the City, State or County rights-ot-way shall be at the sole expense ot the Permittee. In accordance with Section 102-236 and 102-237, City Council must review and approve the permit application. It approved, City Council will thereby authorize the Director of Planning or his designee to execute the permit in duplicate originals, one which shall be delivered to the Permittee and one which shall be retained by the City. Ron Bottoms, City Manager Exhibit "A" to Agenda Packet Ordinance ff- 2PtJ7 - tfJS ORDINANCE NO. 2007- 3 05 Q AN ORDINANCE GRANTING A PERMIT UNDER ORDINANCE NO. 2004-2755, BEING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, "PIPELINE TRANSPORTATION" OF THE CODE OF ORDINANCES OF mE CITY OF LA PORTE, TEXAS, TO CONSTRUCT A SIX (6") INCH PIPELINE FOR THE TRANSPORTATION OF LIQUIFIED PETROLEUM GASSES; 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: Section 1. The City Council of the City of La Porte has received an application dated July 2, 2007 from South Texas NGL Pipelines, LLC, requesting a permit under Ordinance No. 2004-2755, being Chapter 102, Natural Resources, Article IV, "Pipeline Transportation" of the Code of Ordinances of The City of La Porte, to construct and operate its 6-inch pipeline for the transportation of NATURAL GAS LIQUIDS, crossing the City of La Porte, all as shown on said application. The application of South Texas NGL Pipelines, LLC has been reviewed by the Director of Planning, who has found that said application meets all requirements of Ordinance 2004-2755, and has reconnnended its approval. Section 2. The City Council of the City of La Porte hereby approves the application of South Texas NGL Pipelines, LLC, dated July 2, 2007, and this Ordinance authorizes the Director of Planning or his designee to execute the permit as requested by applicant. Section 3. The City Council officially fmds, 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, 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 PASSED AND APPROVED THIS J rr-/~AY OF OECc rn &L ATTEST: By: Lfhct~P/:~!Ii~J Martha . ett, City Se~retary APPROVED: ~T~ Clark T. Askins, City Attorney ,2007. City of La Porte By: ~~~~ Alton E. Porter, Mayor Exhibit "B" to Agenda Packet Permit Application CiTY OF LA PORT:', T EX-AS PIPELINE ?ERM[T A.P?LlCA TION fr-uP7-P!5 .......................................INFORMATlON ON OWNER AND A.PPLlCANT ............................................. Company Nama: SOUTH TEXAS NGL PIPELINES, LLC Company Address: P.O. BOX 4324, HOUSTON, TX 77210-4324 713-803-8206 ph Phone and Fax Number: 713-803-2801 fax Emait:kwebster@eprod. com Person Submitting Application: DAVID TURNBO Title of Person Submitting Apoiication: RIGHT-OF-WAY AGENT 713-644-3219 ph Phone and Fax Number: 7l3-:Q 4 9-0020 fax Emait:dturnbo@gulonline. com Acting ror Owner as: PERMIT AGENT Principal Contact for Submittallnformatton: KYLE L. WEBSTER Title of Principal Contact: RIGHT-OF-WAY MANAGER 713-803-8206 ph PhoneandFaxl~umber: 713-803-2801 fax Em~ kwebster@eprod.com ........... ........ ..... ..INFORMATION ON TWENTY-FOUR HOUR EMERGENCY CONT ACTS............... ........... Twenty-Four Hour Emergency Contact: LIQUIDS CONTROL CENTER Title ofTwenty-Four Hour Emergency Contact: JEFF V. MYERS, REGIONAL MANAGER Phone and Fax Number: 1 - 8 0 0 - 5 4 6 - 3 4 8 2 Email: jvmyers@eprod.com Other Numbers Tor Emergency Contact (pager, cenular, etc.): 71 3 - 8 0 3 - 8730 Alternate Twenty-Four Hour Emergency Contact 800 - number above- 24 -hours Title of Alternate Twenty-Four Hour Emergency Contact: Phone and Fax Number: Emait: Other Numbers for Alternate Contact (pager, cenular, etc): ...................... ....... ................ .BASIC INFORMA nON ON PiPEliNE... ......... ...................... ......... ....... Size in D,ameter: 6 . 6 2 5" O. D . Commodity(s): LIQUIFIED PETROLEUM GASES ~g~Po~t EXISTING PIPELINE UNDER CONSTRUCTION(PT-2007-001 )LA PORTE PROPOSED ENTERPRIS~ SIT~ IN LA PORTE & Destination Point EXISTING PIPELINE AJACENT TO UNION PACIFIC Normal Operating Pressure: 1 000 PSI Ma):imum Operating Pressure: 1 440 PSI Maximum Allowable Temperature (if applicable): N / A Exhibit "C" to Agenda Packet Letter of Request fir- }?a77-- t75 GULLETT & ASSOCIATES, INC. 7705 South Loop East -77012 P.O. Box 230187 -77223 Houston, Texas 713-644-3219 Fax: 713-644-1547 December 3, 2007 Planning Department Mr. Rodney L. Slaton City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 RE: Revised Permit Application package for SOUTH TEXAS NGL PIPELINES, LLC to install a 6" pipeline interconnect system within the city limits of the City of La Porte, Harris County, Texas. Dear Mr. Slaton: SOUTH TEXAS NGL PIPELINES, LLC a Delaware limited liability corporation whose address is P.O. Box 4324 Houston, Texas 77210-4324, is hereby requesting a pipeline permit. The pipeline will be used to transport liquefied petroleum gases (MSDS sheet attached) from an existing pipeline (under construction PT-2007-001)in La Porte. The pipeline then connects to a surface site, exits the surface site and continues on until tying into an existing 6" pipeline south of Union Pacific all in Laporte. The route through the City of LaPorte is shown on the attached map, and described in the permit application form.. Plan and profiles are attached showing city streets in the City of La Porte that will be crossed. Houston Street Drawing CA-2867-019, Cad File 2867119A-2 Old La Porte Road Drawing CA-2867-018, Cad File 2867118_ The pipe will be 6.625" outside diameter with a 0.280" wall thickness, and will be API 5L X 42 ERW pipe with 15-22 mils thick fusion bond epoxy coating and 25-30 mils aro coating. The pipeline will operate at a maximum operating pressure of 1440 PSI, will be tested to a minimum 2180 PSI, and have a minimum yield strength of 42,000 PSI. The pipeline will be regulated by the Texas Railroad Commission as an Intrastate Pipeline. All design, materials and construction will, as a minimum, comply with the following codes, ordinances and standards as applicable: . The Department of Transportation ("DOT") Standard CFR Title 49, Part 195 "Transportation of Hazardous Liquids by Pipeline", and The "Railroad Commission of Texas, Pipeline Safety Rules, Part IV . ASME B31.8. "Gas Transmission and Distribution Piping Systems, . U.S. Department of Labor Regulations Title 29, CFR 1910 and 1925, "Occupational Safety and Health Standards", . API 1104, "Standard for Welding Pipelines and Related Facilities". SOUTH TEXAS NGL PIPELINES, LLC hereby makes this statement, that it agrees to the conditions and obligations set out in ORDINANCE NO. 2004 - of the City of La Porte Pipeline Ordinance; Section 1; Article IV. Pipeline Transportation, Sec 102-235 Application for Permit 3 (j), 3 (k), and 3 (1), and all sections thereofthat apply, regardless if said section(s) are specifically mentioned in this letter. The anticipated construction start date is scheduled to begin by December 17, 2007. Also enclosed herewith is a check in the amount of $ 1,000.00 for initial permit fee and the appropriate insurance certificate. If additional information is required, please contact David Turnbo, at (713) 644-3219 or 713-252-2151. Thank you in advance for your prompt attention to this matter. Sincerely, ;pJrl-~ David Turnbo, Agent Land & Right of Way Department ~xhibit "D" to Agenda packe! Area Map I..; "C\\>>t '11<...,,. DEER PARK Pop 27,652 EAST '3TH CITY OF LA PORTE HARRIS COUNTY, TEXAS fl=- J!a;7-06 UPPER SAN JACINTO BAY BUSCH ISLAND ~ 'i 5lRANG ~ '" 00 .- [ I!' 'i " ~ " x -< '~""b.....~ 1,DQa' 1_ 'f ..... ....... o E REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: r 17, 2007 Appropriation Agenda Date Requested: Source of Funds: Fund 032 Department: Plan nine Account Number: 032-9892-859-1100 Report: X Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Agreement Exhibits: Aerial Map Exhibits Floor Plan SUMMARY & RECOMMENDATION In January 2007, the City issued a Request for Qualifications for the construction of five homes for the Northside Neighborhood HOME Program. Responses were received from Bayway Homes and Alta Vista Homes and a third was determined non-responsive, as it was received after the submission deadline. A Selection Committee reviewed the proposals and selected Bayway Homes as the most qualified and experienced builder for the program. On April 23, 2007, Council approved construction contracts with Bayway Homes for the first two homes currently under construction at 210 and 224 N. 6th Street. Three homes remain to be built. Bayway Homes will construct a home at 211 N. 1 st Street, more specifically described as Lots 23 and 24 of Block 62. The cost to construct this home is $100,000. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community and Economic Development Department (HCCEDD), as stipulated in Section IV - Payment Procedures of the City's executed Agreement with HCCEDD. Council is asked to authorize a contract between the City and Bayway Homes to construct Plan # 1317 "The River Berry" with 1,317 sq. ft. ordinance authorizing an agreement between the City and Bayway Homes to construct a . 1st Stre for a cost of $1 00,000.00. 1l/'J.h1 Date ORDINANCE NO. 2007- ~ ~ 0:5 I AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYWAY HOMES FOR CONSTRUCTION OF A HOME AT 211 N. 1st STREET, ALSO DESCRIBED AS LOTS 23-24 OF BLOCK 62, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $100,00Q.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $100,000.00 from Grant Fund 032 to fund said contract. Harris County Community and Economic Development will reimburse the City as stated in the agreement. Section 2. 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, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by Jaw 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. 2007- 305/ PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this I 'fJ~ay of Octf-:h1 Pi7L , 2007. CITY OF LA PORTE By:~9~ Alton E. Porter Mayor ATTEST: Lj/1 adlriL {J. r:4dtl Martha A. Gillett City Secretary APPROVED: ~r~ Clark T. Askins Assistant City Attorney CITY OF LA PORTE, TEXAS AGREEMENT for CONSTRUCTION of SINGLE-FAMILY RESIDENCE Northside Neighborhood HOME Program General Description The City of La Porte received a HUD HOME grant to develop a homeownership program designed to benefit Northside residents. This contract is for the construction of one (1) single-family residence at 211 N. 1 st Street, also described as Lots 23-24, Block 62, La Porte, Texas. The work shall be completed by July 7, 2008. Time is ofthe essence in completion ofthe contract. Subcontractor/Consultant Provide the City with a list of subcontractors or consultants you may use on the project. Describe the function, work, or services and identify the name, address, qualifications and experience of the subcontractor or consultant. No subcontracting, not submitted shall be performed without the express written approval of the City; and Contractor shall not assign any of the rights and privileges granted herein without first having obtained the written consent of the City. Pre Construction meeting Prior to starting the project, a pre-construction meeting shall be held with Planning Department staff by January 7, 2008. At the meeting, the contractor will discuss the construction timeline, plan submittal and review, required inspections, and project schedule of values. Permits: The contractor shall obtain all necessary permits from the City of La Porte Inspection Services Division located at 604 W. Fairmont Parkway, La Porte, TX 77571. All fees associated with the construction of this project shall be waived. The contractor shall obtain and make payment for any and all permits as required by the State of Texas and Federal Government including T.C.E.Q. and E.P.A. Compliance with all laws All of the contractor's operations shall be performed in such manner as to comply with all United States and State of Texas laws, and with all ordinances of the City of La Porte. This also includes Wind Storm requirements and other standards deemed necessary by the City of La Porte. Finishes and colors The City and the contractor shall coordinate color schemes and other selections for this house unless a qualified homebuyer is identified. In that case, the homebuyer will coordinate with the contractor for color schemes. Insurance requirements The contractor shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas, and shall contain the amounts as stated herein. WORKMAN'S COMPENSATION: As required by State requirements. PUBLIC LIABILITY: $ 50,000.00 anyone accident $100,000.00 anyone person PROPERTY DAMAGE: $ 10,000 per occurrence $100,000 aggregate The City of La Porte shall be named as Additional Insured. Performance and Payment Bonds The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. Work to be performed Contractor shall develop all necessary plans and construction documents, submit for and receive building permits and then construct a single-family residence for a total compensation of $100,000.00. The home shall include but not be limited to the following: · The home's floor plan shall be the The River Berry that can be built on a 50' x 125' site and be in compliance with the City's Zoning and Development Ordinances. · As agreed upon, the total square footage will be approximately 1317. · Exterior features shall include but not be limited to the following: Brick veneer exterior on three walls, hardiplank fiber cement siding on rear, composition class "a" fire rated roof, engineered concrete slab foundation, concrete patio (IO' x 10'), aluminum window frames, and screens for all operable windows. · Other exterior features: landscaping including sod in the front yard with at least 2 trees plus shrubs; lighting for entry, durable overhead 2 car garage, 6' cedar fence with access gate · Appliances including but not limited to: vent-a-hood with exhaust, dishwashers, gas/electric stove, garbage disposals, ice maker connection. · All wiring including but not limited to: pre-wiring for security, two phone jacks, cable outlets, gas and electric hook ups in the laundry area, GFCI wiring in wet areas. · Other interior features including but not limited to: two-toned interior paint, medicine cabinets and linen closets in all bathrooms, countertops, backsplash and cabinets must meet or exceed builders grade quality, double lock front doors, carpet in all areas except wet areas, vinyl flooring in the wet areas (entry way, kitchen, bath, laundry room), Cathedral and/or raised ceiling fans and deluxe lighting kits for living/family room and master bedroom, shower over tub, and air conditioning/central heat. The following materials/appliances (materials at a higher quality) must be used: R-13 insulation, 12 seer air conditioning, w/ 10 year warranty. · Construction materials and methods will be required to meet or surpass current International Energy Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · Construction materials and methods will be required to meet or surpass current International Residential Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · At a minimum the house must have a 1 O-year new home warranty. 2 Completion of Work: Retainage Upon the completion and City issuance of a Certificate of Occupancy, the home shall become the sole property of the City of La Porte. The final payment to the contractor and release of all retainage will be contingent upon the release of all liens by subcontractors, and a Bills Paid Affidavit. Compensation and Retainage Compensation for all the work described in this Agreement shall not exceed $100,000.00. Biweekly invoices shall be submitted based upon work completed and the approved schedule of values. In addition, a status report shall be submitted montWy. Retainage often percent (10%) will be withheld from biweekly payments as determined by a draw schedule. Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the. other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. Contractual obligation Executing this agreement signifies that all parties agree and understand the terms and responsibilities expressed in this document, the scope of services, and the program description. This also means that Bayway Homes, Inc. will participate in the construction of homes for the City's Single-Family New Construction program and Down payment assistance/Closing Costs program in accordance with all applicable rules and regulations of the Department of Housing and Urban Development (HUD), the County, and the City. Entire Agreement This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. The headings herein are for convenience only and shall have no significance in the interpretation hereof. 3 Severability If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not a e remaining portions of this Agreement. /l-/$-07 Date ~~~ Jon Skeele, President Bayway Homes, Inc. htt ./CJ'" /-o? Date ATTEST: '-1Yb~J4!!LlI{/ Martha Gil ett, ity Secre ary City of La Porte I ~ - / I) -if) Date APPROVED AS TO FORM: ~~7:~ Clark Askins, City Attorney /.J-.- ~--o? Date 4 PERFORMANCE BOND STATE OF TEXAS 9 COUNTY OF HARRIS 9 KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of ,2007, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated, Texas Government Code, Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under. Performance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Performance Bond 2 of 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of ,2007, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Payment Bond 2 of 2 .~"""".".",_,""r~,,,, _ 211 NORTH 1 ST ST. (Lots 23-24, Block 62, La Porte) ." .. ..,., .it,\, .' W MAIN ST BEDROOM 3 100 x 1010 BEDROOM 2 108 x 122 BaywayHomes! www.baywayhomes.com The River Berry 1317 Sqft , , 'l-------------- I I I I I I I I I I I I ;l- I I I I I I I I I MASTER SUITE 120 x 1310 UTIL / / / / / / BRKFST AREA -, I I I KITCHEN 2 CAR GARAGE FAMILY ROOM 1310 x 146 FOYER Elevation " A" o o Optionl Master Bath Floor plan shown is an artists rendering only. SoyWay Homes reserves the right to make changes in plans. specifications and to substitute materials of similar quolity without notice or prior obligation. Room dimensions ore approximate. F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 17,2007 Requested By: Wayne ~ Department: Plan nine: Appropriation Source of Funds: Fund 032 Account Number: 032-9892-859-1100 Report: X Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Agreement Exhibits: Aerial Map Exhibits Floor Plan Amount Budgeted: Amount Requested: SUMMARY & RECOMMENDATION In January 2007, the City issued a Request for Qualifications for the construction of five homes for the Northside Neighborhood HOME Program. Responses were received from Bayway Homes and Alta Vista Homes and a third was determined non-responsive, as it was received after the submission deadline. A Selection Committee reviewed the proposals and selected Bayway Homes as the most qualified and experienced builder for the program. On April 23, 2007, Council approved construction contracts with Bayway Homes for the first two homes currently under construction at 210 and 224 N. 6th Street. Three homes remain to be built. Bayway Homes will construct a home at 207 N. 2nd Street, more specifically described as Lots 21-23 of Block 63. The cost to construct this home is $98,000. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community and Economic Development Department (HCCEDD), as stipulated in Section IV - Payment Procedures of the City's executed Agreement with HCCEDD. Council is asked to authorize a contract between the City and Bayway Homes to construct Plan #1270 with 1,270 sq. ft. J1!fJ. /01 ORDINANCE NO. 2007- 30 5 J. AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BA YWA Y HOMES FOR CONSTRUCTION OF A HOME AT 207 N. 2nd STREET, ALSO DESCRIBED AS LOTS 21-23 OF BLOCK 63, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $98,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves .and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $98,000.00 from Grant Fund 032 to fund said contract. Harris County Community and Economic Development will reimburse the City as stated in the agreement. Section 2. 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, 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. 2007- 305 d-- PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this / 7Jl-day of orel: fY1 gaL, 2007. . ATTEST: L(J1aiu/~ {?4(tt! Martha A. Gillett City Secretary APPROVED: UA/~ r /f~ Clark 1. Askins Assistant City Attorney CITY OF LA PORTE (\ <\:) By: ~U~\~ Alton E. Porter Mayor CITY OF LA PORTE, TEXAS AGREEMENT for CONSTRUCTION of SINGLE-FAMILY RESIDENCE Northside Neighborhood HOME Program General Description The City of La Porte received a HUD HOME grant to develop a homeownership program designed to benefit Northside residents. This contract is for the construction of one (1) single-family residence at 207 N. 2nd Street, also described as Lots 21-23, Block 63, La Porte, Texas. The work shall be completed by July 7, 2008. Time is of the essence in completion of the contract. Subcontractor/Consultant Provide the City with a list of subcontractors or consultants you may use on the project. Describe the function, work, or services and identify the name, address, qualifications and experience of the subcontractor or consultant. No subcontracting, not submitted shall be performed without the express written approval of the City; and Contractor shall not assign any of the rights and privileges granted herein without first having obtained the written consent of the City. Pre Construction meeting Prior to starting the project, a pre-construction meeting shall be held with Planning Department staff by January 7, 2008. At the meeting, the contractor will discuss the construction timeline, plan submittal and review, required inspections, and project schedule of values. Permits: The contractor shall obtain all necessary permits from the City of La Porte Inspection Services Division located at 604 W. Fairmont Parkway, La Porte, TX 77571. All fees associated with the construction of this project shall be waived. The contractor shall obtain and make payment for any and all permits as required by the State of Texas and Federal Government including T.C.E.Q. and E.P.A. Compliance with all laws All of the contractor's operations shall be performed in such manner as to comply with all United States and State of Texas laws, and with all ordinances of the City of La Porte. This also includes Wind Storm requirements and other standards deemed necessary by the City of La Porte. Finishes and colors The City and the contractor shall coordinate color schemes and other selections for this house unless a qualified homebuyer is identified. In that case, the homebuyer will coordinate with the contractor for color schemes. Insurance requirements The contractor shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas, and shall contain the amounts as stated herein. WORKMAN'S COMPENSATION: As required by State requirements. PUBLIC LIABILITY: $ 50,000.00 anyone accident $100,000.00 anyone person PROPERTY DAMAGE: $ 10,000 per occurrence $100,000 aggregate The City of La Porte shall be named as Additional Insured. Performance and Payment Bonds The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. Work to be performed Contractor shall develop all necessary plans and construction documents, submit for and receive building permits and then construct a single-family residence for a total compensation of $98,000.00. The home shall include but not be limited to the following: · The home's floor plan shall be Plan 1270 that can be built on a 75' x 125' site and be in compliance with the City's Zoning and Development Ordinances. · As agreed upon, the total square footage will be approximately 1270. · Exterior features shall include but not be limited to the following: Brick veneer exterior on three walls, hardiplank fiber cement siding on rear, composition class "a" fire rated roof, engineered concrete slab foundation, concrete patio (l0' x 10'), aluminum window frames, and screens for all operable windows. · Other exterior features: landscaping including sod in the front yard with at least 2 trees plus shrubs; lighting for entry, durable overhead 2 car garage, 6' cedar fence with access gate · Appliances including but not limited to: vent-a-hood with exhaust, dishwashers, gas/electric stove, garbage disposals, ice maker connection. · All wiring including but not limited to: pre-wiring for security, two phone jacks, cable outlets, gas and electric hook ups in the laundry area, GFCI wiring in wet areas. · Other interior features including but not limited to: two-toned interior paint, medicine cabinets and linen closets in all bathrooms, countertops, backsplash and cabinets must meet or exceed builders grade quality, double lock front doors, carpet in all areas except wet areas, vinyl flooring in the wet areas (entry way, kitchen, bath, laundry room), Cathedral and/or raised ceiling fans and deluxe lighting kits for living/family room and master bedroom, shower over tub, and air conditioning/central heat. The following materials/appliances (materials at a higher quality) must be used: R-13 insulation, 12 seer air conditioning, w/ 10 year warranty. · Construction materials and methods will be required to meet or surpass current International Energy Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · Construction materials and methods will be required to meet or surpass current International Residential Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · At a minimum the house must have a 1 O-year new home warranty. 2 Completion of Work: Retainage Upon the completion and City issuance ofa Certificate of Occupancy, the home shall become the sole property of the City of La Porte. The final payment to the contractor and release of all retainage will be contingent upon the release of all liens by subcontractors, and a Bills Paid Affidavit. Compensation and Retainage Compensation for all the work described in this Agreement shall not exceed $98,000.00. Biweekly invoices shall be submitted based upon work completed and the approved schedule of values. In addition, a status report shall be submitted monthly. Retainage often percent (10%) will be withheld from biweekly payments as determined by a draw schedule. Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. Contractual obligation Executing this agreement signifies that all parties agree and understand the terms and responsibilities expressed in this document, the scope of services, and the program description. This also means that Bayway Homes, Inc. will participate in the construction of homes for the City's Single-Family New Construction program and Down payment assistance/Closing Costs program in accordance with all applicable rules and regulations of the Department of Housing and Urban Development (HUD), the County, and the City. Entire Agreement This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. The headings herein are for convenience only and shall have no significance in the interpretation hereof. 3 Severability If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. t shall be in effect from and after its passage and approval. l,!~g-d7 Date Jon~~$~ Bayway Homes, Inc. /t9-?-o 7 Date ATTEST: ~~g}~.A City of La Porte ItL. (1. 01 Date APPROVED AS TO FORM: ~/:~ lark Askms, City Attorney /;).- 5 --- 0 7 Date 4 PERFORMANCE BOND STATE OF TEXAS 9 COUNTY OF HARRIS 9 KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of ,2007, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under. Performance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Performance Bond 2 of 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of ,2007, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated, Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of ,2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Payment Bond 2 of 2 W ADAMS ST ,',,~. .---..=',<-. .. . . ...4lb ..... :,~ . '.: o I to I t.r; to I t.r; JO 50 SH o 68 HOR MASTER BEDROOM ~R6g Bll( . G) FOR FAN I \ \ , '. , I I I I FAMILY ROOM / I , I CARPET / / 90~G ./ / ,; . " ClC fAN _.:-,,- WiLT I I \ o /. / I FIRST FLOOR PLAN JO 50 SH DRYER o 68 HDR VENT:. HB WPGA sO ;0 'riS SIll 1142" BEDROOM 3 CARPET gO ClG o ,," Bll( FOR FAN @ BEDROOM 2 .cARPET ~ ClG , <9 BlX FOR FAN r.z51 Zi".:i :&f'iJJ;/ 1lllSE' STAIRS __ I lWL@r:::",J GA 042" \ "- , '- 2 CAR GARAGE CONe gO ClG 5/8" "NP "x" GYP BO ON WALlS AND ClG UNDER STAIRS -... __ _ -0 qpPRE I\lRE - FOR GOO 16 OVERHEAD GARAGE DOOR N ~~ '" 0" .:'=1 ~v; HB ~ - - - - -. -- flOOD UGHT ,; SCALE: l/B" = l' - 0" 90 NOM. (9'-1 1/B" AClUAL) PLT. HI. "))'p. UNO 6B WINDOW HEADER HEIGHT 1YP U.N.O. FRAME AND BRACE TO MEET LOCAL CODES lRlPLE SlUD MIN. JAMBS ALL EXTERIOR DOORS LOCATE WATER HEATER IN A TIlC OVER LOAD BEARING PARTITION wi PAN & DRAIN 10 OUTSIDE SEE 1YPICAL D11.. SHEET FOR ADDI'IlONAL NOTES ( gO PLT --~ 1<6 fASa... 114 fRIEZE SOlDIER PROJ I I I I I I @@ ~~ [TI[TI DDDDDDDD DDDDDDDD DDDDDDDD DDDDDDDD FRONT ELEVATION ;CALE: l/S" = l' - o. 1 6 fXDL 6 HDR 2-30 SO DL IsB HD 16 OVERHEAD GARAGE DOOR 5'-1" . S-4" 5'-1" 1'-7" 2'-7" 2'-4" 9'-6" 9'-6" 1.6 fASCIA 1x4 FRIElE SOlDIER PROJ 12 ~8 COMPOSITION SHINGlIS 12 8~ I I I I ~~ ~~ [][TI DDDDDDDD DDDDDDDD DDDDDDDD DDDDDDDD :-RONT ELEVATION CALE: 1/8" = l' - 0" r...~M- j 1 6 fXOL ! 6 HOR ,. ...... , 2-30 t~ OL ! .::::! 16" OVERHEAD GARAGE ODOR E- 06 HD I 5'-1" 3'-4" 5'-1- I'-r t-r t-4- 9'-6- g'-6" G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 17, 2007 Requested By: wavue~ Department: Plannine: Appropriation Source of Funds: Fund 032 Account Number: 032-9892-859-1100 Report: X Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Agreement Exhibits: Aerial Map Exhibits Floor Plan Amount Budgeted: Amount Requested: SUMMARY & RECOMMENDATION In January 2007, the City issued a Request for Qualifications for the construction of five homes for the Northside Neighborhood HOME Program. Responses were received from Bayway Homes and Alta Vista Homes and a third was determined non-responsive, as it was received after the submission deadline. A Selection Committee reviewed the proposals and selected Bayway Homes as the most qualified and experienced builder for the program. On April 23, 2007, Council approved construction contracts with Bayway Homes for the first two homes currently under construction at 210 and 224 N. 6th Street. Three homes remain to be built. Bayway Homes will construct a home at 216 N. 2nd Street, more specifically described as Lots 3 and 4 of Block 62. The cost to construct this home is $98,000. Throughout construction, the builder will request draws as key milestones are reached. The City will pay the builder and then submit a request for reimbursement from Harris County Community and Economic Development Department (HCCEDD), as stipulated in Section N - Payment Procedures of the City's executed Agreement with HCCEDD. Council is asked to authorize a contract between the City and Bayway Homes to construct Plan #1270 with 1,270 sq. ft. Ron Bottoms, City Manager D~: /I~ lOt ORDINANCE NO. 2007- 3DS3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYWAY HOMES FOR CONSTRUCTION OF A HOME AT 216 N. 2nd STREET, ALSO DESCRIBED AS LOTS 3-4 OF BLOCK 62, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $98,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $98,000.00 from Grant Fund 032 to fund said contract. Harris County Community and Economic Development will reimburse the City as stated in the agreement. Section 2. 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, 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. 2007- 30SJ PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this /111-- day of /Jt{em/fr ,2007. CITY OF LA PORTE By: Alton E. Porter Mayor ATTEST: '-1YI4IlA pwd Martha A. Gille City Secretary APPROVED: ~~r~ ~ T. ~~,ns Assistant City Attorney CITY OF LA PORTE, TEXAS AGREEMENT for CONSTRUCTION of SINGLE-FAMILY RESIDENCE Northside Neighborhood HOME Program General Description The City of La Porte received a HUD HOME grant to develop a homeownership program designed to benefit Northside residents. This contract is for the construction of one (1) single-family residence at 216 N. 2nd Street, also described as Lots 3-4, Block 62, La Porte, Texas. The work shall be completed by July 7, 2008. Time is of the essence in completion of the contract. Subcontractor/Consultant Provide the City with a list of subcontractors or consultants you may use on the project. Describe the function, work, or services and identify the name, address, qualifications and experience of the subcontractor or consultant. No subcontracting, not submitted shall be performed without the express written approval of the City; and Contractor shall not assign any of the rights and privileges granted herein without first having obtained the written consent of the City. Pre Construction meeting Prior to starting the project, a pre-construction meeting shall be held with Planning Department staff by January 7, 2008. At the meeting, the contractor will discuss the construction timeline, plan submittal and review, required inspections, and project schedule of values. Permits: The contractor shall obtain all necessary permits from the City of La Porte Inspection Services Division located at 604 W. Fairmont Parkway, La Porte, TX 77571. All fees associated with the construction of this project shall be waived. The contractor shall obtain and make payment for any and all permits as required by the State of Texas and Federal Government including T.C.E.Q. and E.P.A. Compliance with all laws All of the contractor's operations shall be performed in such manner as to comply with all United States and State of Texas laws, and with all ordinances of the City of La Porte. This also includes Wind Storm requirements and other standards deemed necessary by the City of La Porte. Finishes and colors The City and the contractor shall coordinate color schemes and other selections for this house unless a qualified homebuyer is identified. In that case, the homebuyer will coordinate with the contractor for color schemes. Insurance requirements The contractor shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas, and shall contain the amounts as stated herein. WORKMAN'S COMPENSATION: As required by State requirements. PUBLIC LIABILITY: $ 50,000.00 anyone accident $100,000.00 anyone person PROPERTY DAMAGE: $ 10,000 per occurrence $100,000 aggregate The City of La Porte shall be named as Additional Insured. Performance and Payment Bonds The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. Work to be performed Contractor shall develop all necessary plans and construction documents, submit for and receive building permits and then construct a single-family residence for a total compensation of $98,000.00. The home shall include but not be limited to the following: · The home's floor plan shall be Plan 1270 that can be built on a 50' x 125' site and be in compliance with the City's Zoning and Development Ordinances. · As agreed upon, the total square footage will be approximately 1270. · Exterior features shall include but not be limited to the following: Brick veneer exterior on three walls, hardiplank fiber cement siding on rear, composition class "a" fire rated roof, engineered concrete slab foundation, concrete patio (10' x 10'), aluminum window frames, and screens for all operable windows. · Other exterior features: landscaping including sod in the front yard with at least 2 trees plus shrubs; lighting for entry, durable overhead 2 car garage, 6' cedar fence with access gate · Appliances including but not limited to: vent-a-hood with exhaust, dishwashers, gas/electric stove, garbage disposals, ice maker connection. · All wiring including but not limited to: pre-wiring for security, two phone jacks, cable outlets, gas and electric hook ups in the laundry area, GFCI wiring in wet areas. · Other interior features including but not limited to: two-toned interior paint, medicine cabinets and linen closets in all bathrooms, countertops, backsplash and cabinets must meet or exceed builders grade quality, double lock front doors, carpet in all areas except wet areas, vinyl flooring in the wet areas (entry way, kitchen, bath, laundry room), Cathedral and/or raised ceiling fans and deluxe lighting kits for living/family room and master bedroom, shower over tub, and air conditioning/central heat. The following materials/appliances (materials at a higher quality) must be used: R-13 insulation, 12 seer air conditioning, w/ 10 year warranty. · Construction materials and methods will be required to meet or surpass current International Energy Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · Construction materials and methods will be required to meet or surpass current International Residential Code requirements. These methods must also meet or surpass City of La Porte, State of Texas, and HUD regulations and codes. · At a minimum the house must have a 10-year new home warranty. 2 Completion of Work: Retainage Upon the completion and City issuance ofa Certificate of Occupancy, the home shall become the sole property of the City of La Porte. The final payment to the contractor and release of all retainage will be contingent upon the release of all liens by subcontractors, and a Bills Paid Affidavit. Compensation and Retainage Compensation for all the work described in this Agreement shall not exceed $98,000.00. Biweekly invoices shall be submitted based upon work completed and the approved schedule of values. In addition, a status report shall be submitted monthly. Retainage often percent (10%) will be withheld from biweekly payments as determined by a draw schedule. Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. Contractual obligation Executing this agreement signifies that all parties agree and understand the terms and responsibilities expressed in this document, the scope of services, and the program description. This also means that Bayway Homes, Inc. will participate in the construction of homes for the City's Single-Family New Construction program and Down payment assistance/Closing Costs program in accordance with all applicable rules and regulations of the Department of Housing and Urban Development (HUD), the County, and the City. Entire Agreement This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. The headings herein are for convenience only and shall have no significance in the interpretation hereof. 3 Severability If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affe e remaining portions of this Agreement. Date ement shall be in effect from and after its passage and approval. Ij-/g-07 Date ~~/~ Jon Skeele, President Bayway Homes, Inc. /1"7,. ? -~5J Date ATTEST: 'iA~ cp- . art a GI ett, CIty Secretary . City of La Porte J:L ./1'01 Date APPROVED AS TO FORM: f:L~ r ~ Clar Askins, City Attorney 1-::2-- ? -07 Date 4 PERFORMANCE BOND STATE OF TEXAS 9 COUNTY OF HARRIS 9 KNOW ALL MEN BY THESE PRESENTS: That of the City of County of I and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2007, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under. Performance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of I 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Performance Bond 2 of 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of ,2007, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 2007. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Payment Bond 2 of 2 ?;.."',;:.., 216 NORTH 2nd ST. (Lots 3-4, Block 62, La Porte) ,f .. ~~1' .' ,,1""-_-, "'---.-__, -.., o I c.o I n c.o I n 30 50 SH o 68 HDR \\PGFI ;0 ;0 HS SlI1. 042" HB '" m 0:5 "'''' "'", o ~ ..... "J.. MASTER BEDROOM ~Rci~T BLK . G) FOR FAN I \ \ , " o .-- /8LK FOR FAN I , "'I ;;;, -, I I '..j! ~ BEDROOM 2 .cARPET ~CLG , (9 BLK FOR FAN J I .1 I I FAMILY ROOM / I , I ;~A~~T //// .-- ;." CLG FAN - - - wi LT r251a':i~"iJl" I 1ll!SE' STAIRS _ r lWLWlr :: ::. J GFl 042" I I \ o / I I 2 CAR GARAGE \ , " CONe gO CLG S/B" T'1'P "x" GYP 80 ON WAllS AND CLG UNDER STAIRS , .... _ _ _ --8 qpPRE \\IRE - FOR GOO , , " ". 16 OI'ffiHEAO GARAGE DOOR "- ----- FIRST FLOOR PLAN SCALE: l/S" = I' - 0" gO NOM. (9'-1 l/S" AClUAL) PL I. HI. TYP. UNO 6S WINDOW HEADER HEIGHT TYP U.N.O. fRAME ANO BRACE TO MEET LOCAL CODES TRIPLE S1UD MIN. JAMBS ALL EXTERIOR DOORS LOCATE WATER HEATER IN ATTIC OVER LOAD BEARING PARTITION W/ PAN & DRAIN TO OUTSIDE SEE WICAL OIl. SHEET FOR ADDITIONAL NOTES N M'" '" 0" ':::J ~u; H8 .-- F\.OOO UGHT 1x6 fASCIA 1x4 fRIEZE SOLDIER PROJ I I FRONT ELEVATION iCALE: l/B" = " - 0" 2-30 50 OL II 08 H 5'-1" . "S-4" I I I I [8J[8J ~~ [][] 5'-1" 1'-7" t-7" 2'-4" ~~~ 00000000 DODD DODD DDDDDDDD DDDDDDDD 16 OVERHEAD GARAGE ODOR 9' 6" 9' 6' 1,6 fASCIA ,,4 fRIEZE SOLDIER PROJ I [I =-RONT ELEVATION CALE: 1/8" = l' - 0" 2-30 t DL 06 HO 5'-1" r-4" COMPOSITION SHIN illS 12 Br- [I [I ~~ ~~ ~~ 5'-1" l' -r 2' r 2'-4" 12 ~B DDDDDDDD DDDDDDDD DDDDDDDD DDDDDDDD 16 OVERHEAO GARAGE ODOR 9' 6" 9'-5" H -----~-~~-- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 17. 2007 Requ,,'" By: SteveGmett ~d/$ Department: Public Works Budg:et Source of Funds: GEN015 Account Number: 015-9892-949-1100 Report: X Resolution: Ordinance: Amount Budgeted: $110,000 Exhibits: Bid Tabulation Amount Requested: $94,039 Exhibits: Bidders List Exhibits Quote for Additional Work Budl!eted Item: YES SUMMARY & RECOMMENDATION The Phase I Public Works Rehabilitation Project (Roof Replacement) is the first of a two-part project to repair the current Public Works facility, constructed in 1982. Phase one involves the removal and replacement of the metal roof system, including insulation. Phase II, scheduled for the following fiscal year, will remove and replace the metal sheeting and doors on the building. Specifications for the Project were developed by the City Engineer. Bid requests were sent to fifteen (15) metal building contractors with five (5) returning bids. Low bid was submitted by Bamier Building Systems Inc. in the amount of $78,076.00. Pricing was also requested for removal and replacement of the roof of the Welding/Tire Building, an adjacent building constructed at the same time. A quote of $11 ,485 was received. This additional work is recommended due to the identical condition of this facility. Change Order # 1 will add this work to the Contract. The total cost for the Project, including Change Order #1 is $89,561. A five percent (5%) contingency of $4,478 is also recommended, for a total cost of $94,039. A total of$110,000 is available for the completion of this project. 1J-(f J.- (01 Date BID TABULA TlON SEALED BID #08006 PUBLIC WORKS ROOF REPAIR BARNIER GUTHRIE OATES PRC MCT SHEET DESCRIPTION ROOFING BUILDINGS INDUSTRIES ROOFING METAL, INC. TOT AL- BASE BID $78,076.00 $79,932.00 $100,070.00 $104,675.00 $157,370.00 Total $78,076.00 $79,932.00 $100,070.00 $104,675.00 $157,370.00 Information reflects pricing only and other factors may be considered during the evaluation process. BIDDERS LIST PUBLIC WORKS ROOF REPLACEMENT BID #08006 BRAUNS ROOFING INC. 6122 S. Loop East Houston, TX 77087 RSI- RESTORATION SERVICES INC. 9810 Fairbanks North Houston Rd. PO Box 41069/773241-1069 Houston, TX 77064 HOLDING ROOFING INC. PO Box 955 Richmond, TX 77406 PARAMOUNT ROOFING INC. 1146 Sheffield Blvd. Ste A Houston, TX 77015 OATES INDUSTRIES 1314 B Underwood Rd. La Porte, TX 77571 BRINKMANN ROOFING COMPANY 5050 Timber Creek Dr. HUB VENDOR Houston, TX 77017 MCT SHEET METAL, INC 29210 Quail Katy, TX 77493 PRC ROOFING CO INC. 3714 Osage HUB VENDOR Houston, TX 77063 DERK HARMSEN 2820 Center Deer Park, Texas 77536 INDEPENDENT STEEL ERECTORS 8412 Hansen Road Houston, Texas 77075 Chamber of Commerce PO Box 996 LaPorte, TX 77572-0996 Info r-IDcc(a),laDo rtecham ber.o r!! ENGINEERING PROJECTS INC. 3205 Federal Road Pasadena, Texas 77504 Bayshore Sun Publish Dates: N ovem ber 4, 2007 November 11,2007 WHIRL WHIND STEEL BUILDINGS Attn: Project ServicesIWade Howard 8234 Hansen Road Houston, Texas 77075 GUTHRIE BUILDERS 6046 FM 2920 #420 Spring, Texas 77379 BARNIER BUILDING SYSTEMS 1105 Northville Houston, Texas 77038 MCCAULEY CONSTRUCTION 3425 Topping Houston, Texas 77093 713-697-7052 ~C-7-2007 15'47 iii FROM:BARNIER BULDING 281 931 9104 TO: 2814705129 P.1/1 BARNIER BUILDING SYSTEMS, INC. (281) 931-8666 A TEXAS CORPORATION FAX (281) 931-9104 1105 NORTHVILLE HOUSTON, TEXAS 77038 December 7, 2007 City of La Porte 2963 N 23r<1 Street La Porte, Texas 77571 Re: Alternate Bid for Roof Project Attention: Mr. Don Pennell, Asst.Purchasing Director Dear Mr. Pennellj Barnier Building Systems, Inc proposes to remove the entire roof of 441 x 50' tire change building including steel roof, skylights, peak caps, rake trim, gutters and downspouts. Replace one 25' eave strut that has almost rusted in two. Replace entire roof with 26 ga screw down painted galvalume (white) complete, including new reinforced 311 thick ilL 2S flame spread fire rated vinyl back fiberglass insulation. Includes four skylights. Remove all old materials from site. All items same as base bid, includes insurance, bond and time frame. Our price for turn key add on to base bid is Eleven Thousand Four Hundred Eighty Five and nO/lOa Dollars. ($11,485.00) Trusting the above meets with your approval. Sincerely Harold R. Hornback ItLfn~ ~ K REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 17, 2007 Requested By: Wayne J. salo~ , Department: Plannin!: Source of Funds: N/A Account Number: N/A Amount Budgeted: NI A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES -LNO SUMMARY & RECOMMENDATION The City has received application from Mr. Lin Pfeiffer to vacate, abandon and close North 14th and North 15th Streets between West Polk and West Adams Streets. The applicant's reason for the request is to facilitate future expansion of Pfeiffer & Son, Ltd at 116 N. 16th S1. Based on staff review of the request, the Public Works and Planning Departments have expressed no objections to the proposed closings- Additionally, each of the City's franchised utility companies (i.e. Centerpoint Energy, SBC & Comcast) has reviewed the proposed closings and issued letters of no objection. In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal has been conducted for both rights-of-way, each containing 24,000 square feet. The resulting fair market value has been assessed at $0.75/sq. ft. for North 14th Street and $1.42/sq. ft. for North 15th Street. Total payment has been received for both rights-of-way in the amount of $39,060. This figure represents 75% of the fair market value as per the City's ordinance. Recommendation: It is recommended that Council approve an ordinance vacating, abandoning, and closing North 14th Street and North 15th Street between West Polk Street and West Adams Street as petitioned by the applicant. Action Reauired of Council: tho' e an ordinance vacating, abandoning, and closing North 14th Street and North 15th Street e the West Polk and West Adams Street. ouncil Agenda if fiJ, ~'} Date Exhibit 1 to Agenda Packet Ordinance ORDINANCE NO. 2007- :30 5 Lf AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 14TH STREET AND NORTH 15TH STREET IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described portion of the North 14th Street and North 15th Street, Town Of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 14th Street and North 15th Street, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of North 14th Street and North 15th Street, Town Of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of North 14th Street and North 15th Street, Town Of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of North 14th Street and North 15th Street, Town Of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of North 14th Street and North 15th Street, City Of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 TRACT 1: All of that portion of the right-of-way of North 14th Street, in the City of La Porte, Harris County, Texas, lying and being situated between Blocks 686 and 687, Town of La Porte, Harris County, Texas, and between the north right-of-way line of West Polk Street, and the south right-of-way line of West Adams Street, as more particularly described on Exhibit "A" attached hereto. TRACT 2: All of that portion of the right-of-way of North 15th Street, in the City of La Porte, Harris County, Texas, lying and being situated between Blocks 687 and 688, Town of La Porte, Harris County, Texas, and between the north right-of-way line of West Polk Street, and the south right-of-way line of West Adams Street, as more particularly described on Exhibit "A" attached hereto. Section 2. The City Council officially fmds, 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, 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED, TillS/1!'- DAY OF /Je~"'8Ii7l 2007. CITY OF LA PORTE By. ~~~ Alton Porter, Mayor ATTEST: '17J.t1Id1~ P({At{j Martha Gillett, City Secretary APPROVED: ~ -r:-~ Clark T. Askins, City Attorney 8 W ADAMS ST W POLK ST 7 TRACT 2 - N. 15th ST. (24,000 SQ. FT.) 6 I- en J: I- L() <r- Z 8 N W+E S 864 TRACT 1 - N. 14th ST. (24,000 SQ. FT.) 6 685 I- en J: I- -.;t <r- Z 9 W MAIN ST EXHIBIT "A" TO ORD. NO. 2007- '2 I- en J: I- C"') <r- Z 720 21 Exhibit 2 to Agenda Packet Area Map N I W+E! s 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12/17/07 Requested By: MichllPI nolhy, c.p A .!)-. Appropriation Source of Funds: Insurance Fund Department: Fillllll~e Dept Account Number: 001-6144-515-9997 Report: Resolution: Ordinance: Amount Budgeted: 70, 571.00 Exhibits: Long Term Disability Insurance BAFO Amount Requested: 53,335.08 Exhibits: Voluntary Short term Disability Insurance BAFO Budl!eted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Advertised, sealed proposals for RFP # 07507 Long Term Disability Insurance were opened on March 19,2007. Proposals were mailed to twenty-two (22) consultants. Only six (6) consultants submitted proposals. The city and its consultants selected Lincoln National Life as the carrier for Long Term disability. Lincoln National also has the optional Short Term Disability program for employees. 0../11 /07 I Date City of La Porte Disability Premium Quotation Voluntary Short Term Disability Carrier coin National Life eeks 14 day wait lincoln National life 9 weeks 30 day wait Benefit Percent 60% 60% Employer Paid Rate per $10 of benefit Rate per $10 of benefit 2007 2008 2009 $0.50 $0.50 $0.33 $0.33 $156,731 $7,836.55 Volume weekl benefit * 3/6 pre x on voluntary STD $5,172.12 Long Term Disability Carrier Lincoln National life ~Od~Ys elimination Year Riilteper $100 of payroll 2007 $0.39 2008 $0.39 2009 N/A City's Monthly Cost $4,444.59 $1 ,139,639.00 Monthly covered payrol 12/7/2007 City of La Porte Disability Premium Quotation Voluntary Short Term Disability Carrier Lincoln National Life 11 weeks 14 day wait Benefit Percent 60% 60% Rate per $10 of benefit Employer Paid Rate per $10 of benefit 2007 2008 2009 $0.62 $0.62 $0.50 $0.50 Ci $9,717.32 Volume weekl benefit * 3/6 pre x on voluntary STD $7,836.55 * Long Term Disability Carrier Line ational Life 90 days elimination Lincoln National 180 days elimin period Year Rate per $100 of payroll Rate per $100 of payroll 2007 $0.39 $0.39 $0.36 $0.36 2008 2009 N/A N/A $4,102.70 ITotal monthly cost $14,161.91 $11,939.251 City of La Porte Disability Premium Quotation Short Term Disability Carrier lincoln National Life Lincoln.NationalLife 11 weeks 14 day 'Wait 26 WeQks'7 day wait Benefit Percent 60% 60% Employer Paid Rate per $10 of benefit Rate per $10 of benefit 2007 $0.22 $0.35 2008 $0.22 $0.35 2009 N/A N/A City's Monthlv Cost $3,448.08 $5,485.59 $156,731 Volume weekly benefit Long Term Disability , L.in~Q~~i~~tienal.life lincolnNational Life 90 dayselirninati()n 180 cllYs> elimination p~ri()d Year Rate per $1 00 of payroll Rate per $1 00 of payroll 2007 $0.39 $0.36 2008 $0.39 $0.36 2009 N/A N/A City's Monthlv Cost $4,444.59 $4,102.70 $1 ,139,639.00 Monthly covered oavrol 'Total monthly cost $7,892.67 $9,588.29~ 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqnested: ~~. 17.. 2007 Requested By: S. Gillett ~ Department: Public Works Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Agreement and Lease Budgeted Item: N/A Exhibits: SUMMARY & RECOMMENDATION Gulf Central Aviation currently leases 3.6065 acres at the La Porte Municipal Airport and operates a Fixed Base Operation (FBO) at the site. The current lease began on January 1, 1993 and is due to expire on December 3 1, 2013. Gulf Central owners have agreed to sell the assets of the corporation to La Porte Flight Line, L.L.C. La Porte Flight Line has requested a new, twenty (20) year lease, with two (2) five (5) year options to operate an FBO on the same site. The lease period will begin on January 1, 2008 and run through December 31,2027. Additionally, La Porte Flight Line has requested a five (5) year option, with right of first refusal, on an adjacent 2.057 acre tract for possible future development. The lease rate, beginning on January 1,2008 is $1,820.25 per acre per year, which would result in a first- year rental rate of $6,564.73 for the 3.6065 acres. This is the identical rate per acre charged to all FBO's at the Airport. Annual cost-of-living adjustments based on the CPI-U are included in the lease, as in all FBO leases. In accordance with the Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport, La Porte Flight Line has submitted a letter requesting the lease, evidence of its ability to operate an FBO and the required $500 application fee. La Porte Flight Line meets all the requirements ofthe FBO Standards. Due to the volume of information, a copy of the submissions, as well as a signed copy of the Agreement for Purchase and Sale of Certain Assets of Gulf Central Aviation, Inc. is available for review in the City Secretary's Office. Date ORDINANCE NO. 2oo~-30 5S AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT AND LEASE FOR FIXED BASE OPERATIONS AT CITY OF LA PORTE MUNICIPAL AIRPORT BETWEEN THE CITY OF LA PORTE AND LA PORTE FLIGHT LINE, L . L . C ., HAlCING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Section 1. The city council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The city Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. Section 2. 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, 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this J?ff- day of f) ta? /VtM2L , 200 By: Ca6:.:~1=>~ Alton E. Porter, Mayor -- ATTEST: ;1{I11~, ~~# Mar ha A. Gil ett City Secretary APPROVED: ,/],/ '~. \ ) {/~~ ;JCl u/~i~ Knox W. Askins City Attorney 2 AGREEMENT AND LEASE FOR FIXED BASE OPERATIONS AT CITY OF LA PORTE MUNICIPAL AIRPORT THIS AGREEMENT AND LEASE, made and entered into effective the 1st day of January, 2008, by and between the City of La Porte, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter referred to as "Lessor", and La Porte Flight Line, L.L.C., a Texas limited company, organized and existing under the Laws of the State of Texas, acting herein by and through its duly authorized officers, hereinafter referred to as "Lessee." WIT N E SSE T H: WHEREAS, the Lessor controls and operates an airport known as La Porte Municipal Airport, located in the City of La Porte, State of Texas, which airport and any additions or improvements thereto or changes therein which the Lessor hereafter makes or authorizes are hereinafter collectively referred to as the "Airport", and, WHEREAS, the parties hereto desire to enter into an Agreement and Lease for the use of premises and facilities at the Airport all as more fully hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the Lessor and the Lessee do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: TRANSITION PROVISIONS Lessee has obtained by assignment from Gulf Central Aviation, Inc., all rights to an existing Agreement and Lease for Fixed Base Operations at the City of La Porte Municipal Airport, dated January 1, 1993, between the City of La Porte, as Lessor, and Gulf Central Aviation, Inc., as Lessee. Said prior Lease shall terminate as of December 31, 2007. ARTICLE I - TERM OF AGREEMENT The term of this Agreement and Lease shall be for a twenty (20) year period commencing January 1, 2008, and terminating December 31, 2027; provided, however, the term of this Lease shall extend for two additional five-year renewal options, at the option of Lessee, unless cancelled by written notice from Lessee to Lessor, on or before October 31, 2027, in the case of the first five year renewal option; and on or before October 31, 2032, in the case of the second five year renewal option. ARTICLE II - LEASED PREMISES AND FACILITIES 1. The Lessor, in consideration of the compensation and sundry covenants and agreements set forth herein to be kept and performed by the Lessee, does hereby, and by these presents, demise and lease unto the Lessee, upon the conditions hereinafter set forth, all of which the Lessee accepts, the exclusive use and occupancy of the Leased Premises, to-wit: Property at La Porte Municipal Airport, consisting of 3.6065 acres, more or less, identified as "Fixed Base Operator Area" on Exhibit "A" attached hereto and made a part of this Agreement. The location and boundaries of said Leased Premises, as indicated on Exhibit "A" attached hereto, are stipulated and agreed between the parties to be correct and by reference are made a part hereof. 2. Lessee takes all of such property in its present condition "as is", and except as otherwise specifically provided herein, agrees to provide all necessary and reasonable maintenance and repairs in order to maintain such property in a usable condition. 3 . Lessee shall make available to the public for rental purposes, the T-Hangars and tie-down facilities leased to Lessee herein. In its rental of such T-Hangars and tie-down facilities, the Lessee shall provide reasonable rental rates, consistent with industry standards for this region. Notwithstanding any other provision of this Agreement, the parties recognize and agree that Lessee is not herewith given and shall not exercise exclusive control over the ramp area not specifically leased under this Agreementj and that the public shall have the right, at all time, to ingress and egress, over and through said area, as reasonably necessary for the use by the public of airport facilities at La Porte Municipal Airport. 4. The Lessor expressly reserves from the lease of the Leased Premises the following: A. All gas, oil and mineral rights in and under the soil. B. The right to grant utility rights-of-ways to others over, under, through, across or on the Leased Premises, provided that such use will not unreasonably or materially interfere with the Lessee's use of the Leased Premises. ARTICLE III - RENTALS AND CHARGES 1. For the Leased Premises, as described in Article II, the basic ground rental calculated for an index value of 100.0 is Eight Hundred Seventy-one and 20/100 Dollars ($871.20) per acre per year. The actual rentals for the Leased Premises, to be paid to the Lessor by the Lessee, shall be determined by multiplying said basic rentals specified under paragraph 1 above by the index value determined for successive calendar years in the manner herein set forth. The index value for the calculation of actual rental rates shall be based on the Consumer Price Index for All Urban Consumers, using as base year 1982-84 = 100, published by the Bureau of Labor statistics of the united States Department of Labor, and shall be calculated as follows: 2 A. The index for any particular lease year shall be the index for the month of October of the calendar year next preceding the year for which the calculation is made. The index for October, 2007, is 208.936, resulting in an annual rental rate of One Thousand Eight Hundred Twenty and 25/100 Dollars ($1,820.25) per acre for the lease year beginning January I, 2008. This rate results in a total 2008 lease year ground rental for the Leased Premises of six Thousand Five Hundred Sixty-four and 73/100 Dollars ($6,564.73). B. The actual rental rate shall be determined prior to January 1st of each lease year and shall be effective for that lease year. C. In the event that the united states Department of Labor discontinues publication of the above index or data from which the index can be directly computed, or if the method for the determination of such index is substantially different than that existing at the time this Agreement and Lease is executed, the basis for the rental rate adjustment shall be the most closely comparable index published by the u.s. Government. 2. The parties recognize that Lessee shall lease to tenants, facilities for the storage and/or tie-down of aircraft within leased properties described as "Designated Use Area" on Exhibit "A" . The Lessee shall have the right to provide additional T- Hangar or tie-down facilities on the property leased herein, but any such additional facility shall only be provided after specific written authorization from the Lessor. Additional facilities shall be provided only in areas specifically authorized by the Lessor and shall be hardsurfaced rather than grass areas. The parties further agree that no aircraft will be tied-down on grass surface areas within Lessee's leased premises after the year 1994. 3 . The rental above provided for during the term of this Agreement and Lease shall be paid monthly, in sum equal to 1/12 of the annual rental due hereunder, in advance on the first day of each and every month. In the event that this Agreement and Lease commences or terminates other than on the first or last day of the month, pro-rata payments shall be made for the fractional part of a month involved. 4. The Lessor is entitled to collect and the Lessee agrees to pay, all rentals due under this Agreement and Lease to the City of La Porte, La Porte Municipal Airport, La Porte, Texas, without notice to the Lessee. Rentals more than thirty (30) days past due may be subject to a service charge of one percent (1%) per month, based on an annual rate of twelve percent (12%) 5. without prejudice to any other remedy which otherwise might be used for arrears of rent or other breach of this Agreement, if the Lessor is required or it elects to pay any sum or incurs any obligations or expense, by reason of a failure, neglect or refusal of the Lessee to perform anyone or more of the terms, conditions or covenants of this Agreement and Lease or as the result of any 3 act or omission of Lessee contrary to said terms, conditions and covenants, the sum or sums so paid or the expense so incurred, including all interest, costs, damages and penalties may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the Lessor in the same manner and with like remedies as if it were originally a part of the rent as set forth hereinabove. ARTICLE IV - ACTIVITIES, USES, PRIVILEGES AND OBLIGATIONS OF THE LESSEE 1. A Fixed Base Operations is defined as a commercial aviation activity conducted by a person, partnership, firm or corporation engaged in the hangaring, maintenance, care and operation of aircraft for use by the public, and such other activities as may be pertinent to such use. This definition specifically includes all terms as set forth in Minimum Standards for Equipping & Operating A General Fixed Base Operation at the La Porte Municipal Airport, made a part hereof by reference and attached as Exhibit "B". 2. During the term of this Agreement and Lease, the Lessee agrees to use the Leased Premises for the purposes or activities stated above, subject to the conditions generally or particularly set forth herein, and not to use or permit the use of the Leased Premises or any part thereof for any purposes or activities other than those specifically stated above without first obtaining the express, written approval of the Lessor. 3. Lessee agrees that the rights and privileges granted herein are non-exclusive except as to the Leased Premises which shall be for the exclusive use of the Lessee. 4. The Lessee agrees that the Lessor has the right to adopt and enforce reasonable rules and regulations and that it and all its employees, agents and servants, and all sublessees, will faithfully observe and comply with all rules and regulations as may from time to time be promulgated by the Lessor, the united States of America or by any department or agency thereof, the State of Texas and the City of La Porte. 5. The Lessee agrees, at its own expense, to pay any and all taxes levied by the City, County or other appropriate governmental units and to pay any and all costs or charges for utility services furnished to or required by the Lessee. 6. The Lessee will not suffer or permit to be maintained upon the Leased Premises or upon the exterior of any improvements or appurtenances thereto any billboards, signs or other advertising media except those which have prior written approval of the Lessor. Flashing, rotating, animated or intermittent illuminated type signs are prohibited. 7. Lessee shall utilize on the Airport, only service contractors authorized to operate at the Airport, including, but not limited to vendors of aircraft, aircraft parts, service and fuel, car rental service, taxicab service, vending machine service and the like; it 4 being understood that fees may be imposed or collected by the Lessor from such contractors for the privilege of operating at the Airport. ARTICLE V - RIGHTS AND COVENANTS OF THE LESSOR 1. The Lessor covenants that it is well seized of the Leased Premises and has good title thereto free and clear of all liens and encumbrances and has full right and authority to lease the same as herein set forth. 2 . The Lessor covenants that the Lessee shall have peaceful possession and quiet enjoYment of the Leased Premises during the term hereof so long as the Lessee performs and observes all of the covenants, agreements, terms and conditions hereof. 3. The Lessor reserves the right to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of the Lessee in this regard. 4. The Lessor reserves the right further to develop or improve the landing area and all publicly owned air navigation facilities of this Airport as it sees fit, regardless of the desire or views of the Lessee, and without interference or hindrance. 5. The Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the Lessor would limit the usefulness of the Airport or constitute a hazard to aircraft. 6. During time of war or national emergency Lessor shall have the right to enter into an agreement with the unites States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities of the Airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 7. This Agreement shall be subordinate to the provisions of any outstanding agreement between Lessor and the united States relative to the maintenance, operation or development of the Airport. 8. It is understood and agreed that the rights granted by this Agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. 9. There is hereby reserved to the Lessor, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter 5 used for navigation of our flight in the air, using said airspace for landing at, taking off from, or operating on or about the Airport. ARTICLE VI - IMPROVEMENTS AND MAINTENANCE 1. Lessee agrees that construction of all facilities, improvements or appurtenances on or in connection with the Leased Premises is prohibited without the express written consent of the Lessor before commencement of said construction. All facilities, improvements, or appurtenances proposed for construction shall comply with all existing applicable codes, ordinances, laws and regulations relating thereto. Lessee agrees to adhere to the Lessee's Construction Schedule attached hereto as Exhibit "B", and made a part of this Agreement for all purposes. 2. The Lessee agrees that no obstruction to air navigation as such are defined from time to time by application of the criteria of Part 77 of the Federal Aviation Regulations or subsequent and additional regulations of the Federal Aviation Administration will be constructed or permitted to remain on the Leased Premises. Any obstructions shall be removed by the Lessee at its expense. The Lessee agrees not to increase the height of any structure or objects or permit the growth of plantings of any kind or nature whatsoever that would interfere with the line of sight of aircraft operating on or above the Airport in airspace protected under rules prescribed by FAR Part 77. The Lessee further agrees not to install any structures, objects, machinery or equipment that would interfere with operation of navigation aids or that would interfere with the safe and efficient operations of the Airport, or interfere with the operations of other tenants and users of the Airport. 3. The Lessee agrees that all utility services required by it during the lease term for the Leased Premises must be paid for by the Lessee including the installation and maintenance cost of service lines. 4. The Lessee agrees, at its own expense, to cause the Leased Premises and any improvements and appurtenances thereto to be maintained in a tenantable and in a safe, neat, clean and presentable condition including, but not limited to, the necessary mowing and snow removal of the Leased Premises during the appropriate periods of the year. 5. The Lessee agrees, at its own expense to keep and maintain in good repair, all structures, pavements, utilities and all other improvements and appurtenances wi thin and upon the Leased Premises, as described on Exhibit "A" attached hereto. Lessee further agrees that Lessor shall have no maintenance responsibilities with respect to the Leased Premises, except Lessor shall be responsible for maintenance of ramp areas contiguous to the T-hangars, and taxiways providing ingress and egress to the respective T-hangars. 6. Lessee agrees, at his own expense, to remove all garbage, and rubbish from the Leased Premises, and agrees deposit the same on any part of the Leased Premises temporarily in connection with collection for removal. No waste, not to except waste, 6 garbage or rubbish will at any time be deposited on any other area of the Airport. 7. Lessee agrees to provide! at its own expense! such janitor! toilet! and cleaning services and supplies as may be necessary or required in the operation and maintenance of the Leased Premises and the improvements and appurtenances thereto. 8. The Lessor and its authorized officers! employees! agents! contractors! subcontractors! and other representatives shall have the right to enter upon or in the Leased Premises and any improvements thereon for the following purposes: A. To inspect the Leased Premises and any improvements thereon at reasonable intervals during regular business hours or at any time in case of emergency! to determine whether the Lessee has complied and is complying with the terms and conditions of this Agreement and Lease with respect to such Leased Premises. B. To perform any and all things which the Lessee is obligated to do and has failed! after reasonable notice to do! including maintenance! repairs and replacements of any portion of the Leased Premises! improvements or appurtenances thereto! in which event the Lessee agrees to reimburse the Lessor for reasonable costs thereof promptly upon demand! as set forth herein before. c. In the exercise of the Lessor!s police power. D. To inspect the Leased Premises and perform any and all things with reference thereto which the Lessor is obligated or authorized to do as set forth herein. No such entry by or on behalf of the Lessor within or upon the Leased Premises or any improvements thereon shall cause or constitute a termination of the letting thereof or be deemed to constitute an interference with the possession thereof by the Lessee. 9. Upon termination of this Agreement and Lease at the expiration of the term or for any other reason or cause! the Lessee shall have the right to remove any structures or other improvements and all machinery! fixtures! apparatus and equipment owned by the Lessee and located on the Leased Premises for a period of 120 days after said termination date and upon paYment of rentals as provided in Article III hereof to the date of removal of said improvements. The Lessor shall be entitled to have the Leased Premises herein demised returned to it clear of all improvements owned by the Lessee and may require the Lessee to make such restoration by written notification within 120 days following termination of this Agreement and Leasei and! in the event of the failure by the Lessee to restore the Leased Premises as herein required! within 120 days of said written notification! then the Lessor may make such restoration at the Lessee!s expense. In the event that Lessee does not remove all said improvements or equipment! and the Lessor elects not to require said restoration of the Leased Premises! then 7 upon the expiration of 120 days from the date of termination of this Agreement and Lease, all structures or other improvements and all machinery, fixtures, apparatus and equipment located on the Leased Premises shall become the property of the Lessor. Underground fuel storage tanks and appurtenances, if any, shall be removed and disposed of in accordance with Federal and state of Texas regulations. ARTICLE VII - INDEMNIFICATION AND INSURANCE 1. The Lessee covenants and agrees to indemnify and save harmless the city of La Porte, its officers, agents and employees, their successors and assigns , individually or collectively, from and against all liability for any fines, claims, suits, liens, demands, actions or cause of action of any kind or nature for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of the Lessee on the Leased Premises or in connection with its use of the Leased Premises, and the Lessee further agrees to pay all expenses in defending against any such claims made against the Lessor, including reasonable attorney's fees; provided, however, that the Lessee shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the Lessor, its agents or employees. The Lessee and the Lessor shall give prompt and timely notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. If the Lessee fails, after written notice from Lessor, to so save harmless and indemnify Lessor, Lessor shall have the right, in addition to its other legal remedies, to declare a default in Lessee's obligation to fulfill and comply with the terms and conditions of this Lease, and Lessor may then proceed to termination of the Lease pursuant to Article IX hereof. 2. The Lessee shall procure and maintain in effect during the term of this Agreement and Lease insurance with companies licensed to do business in the State of Texas, and naming the Lessor as an additional insured and containing a cross liability agreement, providing the following coverages: . Worker's Compensation and Employer Liability statutory . Aircraft Liability . Non-owned Aircraft $500,000 each occurrence $100,000 each passenger $500,000 each occurrence $100,000 each passenger . Airport Premises Liability $500,000 . Products & Completed Ops. $500,000 . Contractual Liability $500,000 . Hangar Keepers Liability (Risk Analysis) 8 . Property Insurance for Leased Premises (Replacement value of lease hold premises) . Builders Risk $500,000 . Automobile Liability statutory minimum . Chemical Liability statutory 3. A certified copy of each policy evidencing the existence thereof shall be delivered to the Lessor within ten (10) days after the execution of this Agreement and Lease. Each such copy shall contain a valid provision or endorsement that the policy may not be cancelled, terminated, changed or modified without giving ten (10) days written advance notice thereof to the Lessor. Each such policy shall not, without obtaining express advance permission from the Lessor, raise any defense involving in any way the immunity of the City of La Porte, its members, officer, agents, or employees, the governmental nature of the Lessor, or the provisions of any statutes respecting suits against the City. 4. The Lessee shall furnish to the City satisfactory evidence that it carries Workmen's Compensation Insurance in accordance with the laws of the state of Texas. 5. In the event that any repairs, alterations, additions, or improvements are made, in, on or to the Leased Premises (excluding the Tie-Down areas) by reason of the use and occupancy of the Leased Premises by the Lessee, then the Lessee covenants and agrees to make such repairs, alterations, additions, or improvements in, on or to the Leased Premises at its own expense. The Lessee covenants and agrees to indemnify and save harmless Lessor from and against all expenses, liens, claims, or damages to either persons or property which mayor might arise by reason of any repairs, alterations, additions, or improvements made by the Lessee in, on or to the Leased Premises. ARTICLE VIII - TERMINATION BY LESSEE 1. In addition to all other remedies available to the Lessee, this Agreement and Lease shall be subject to cancellation by the Lessee should anyone or more of the following events occur: A. The permanent abandonment of the Airport. B. The issuance by any court of competent jurisdiction of any injunction preventing or restraining the use of the Airport in such manner as to substantially restrict the Lessee from conducting its fixed base operation, and the remaining in force of such injunction for at least thirty ( 3 0 ) days. C. The breach by the Lessor of any of the terms, covenantsr or conditions of this Agreement and Lease to be kept, performed, and observed by the Lessor, and the failure of the Lessor to remedy such breach for a period of thirty (30) days after written notice from the Lessee of the existence of such breach. 9 D. The assumption by the united states Government, or any authorized agency thereof, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from conducting its operation, if such restrictions be continued for a period of three (3) months or more. ARTICLE IX - TERMINATION BY LESSOR 1. In addition to all other remedies available to the Lessor, this Agreement and Lease shall be subject to cancellation by the Lessor should anyone or more of the following events occur: A. If the Lessee shall file a petition of bankruptcYi or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedingsi or if a court shall take jurisdiction of the Lessee and its assets pursuant to proceedings brought under the provisions of any Federal Re-Organization Acti or if a Receiver for the Lessee's assets is appointedi or if the Lessee shall be divested of its rights, powers and privileges under this Agreement and Lease by other operation of law. B. If the Lessee shall default in or fail to make any paYments at the times and in the amount required of it under this Agreement and Lease. C. If the Lessee shall abandon and discontinue all aeronautical activities at the Leased Premises. D. If the Lessee shall fail to perform, keep and observe all the covenants and conditions contained in this Agreement and Lease to be performed, kept and observed by it. E. If the Lessee shall fail to abide by all applicable laws, ordinances, rules and regulations of the united States, State of Texas, or the City of La Porte. Provided that upon happening of any of the contingencies recited in subparagraphs B, C, D and E above the Lessor shall give written notice to the Lessee to correct or cure such default, failure to perform, or breach, and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of, shall not have been corrected in a manner satisfactory to the Lessor, then, and in such event, the Lessor shall have the right at once and without further notice to the Lessee to declare this Agreement and Lease terminated and to enter upon and take full possession of the Leased Premises and Leased Facilities and, provided further that upon the happening of anyone of the contingencies enumerated in subparagraph A hereof, this Agreement and Lease shall be deemed to be breached by the Lessee and thereupon ipso facto and without entry or any other action by the Lessor, the Agreement and Lease shall terminate, subject to be reinstated only if such involuntary bankruptcy or insolvency proceedings, petitions for reorganization, trusteeship, receiver ship, or other legal act divesting the Lessee of its rights under 10 this Agreement and Lease shall be denied, set aside, vacated or terminated in the Lessee's favor within forty-five (45) days from the happening of the cont ingency . Upon the happening of said latter event, this Agreement and Lease shall be reinstated as if there had been no breach occasioned by the happening of said contingencies provided that the Lessee shall within ten (10) days discharge any and all sums of money which may have become due under this Agreement and Lease in the interim and shall then remain unpaid and shall likewise fully perform and discharge all other obligations which may have accrued and become payable in the interim. The acceptance of rentals and fees by the Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by the Lessee shall not be deemed a waiver of any rights of the Lessor to cancel this Agreement and Lease for failure by the Lessee to so perform, keep, or observe any of the terms of this Agreement and Lease to be kept, performed, and observed by the Lessee. ARTICLE X - ASSIGNMENT AND SUBLETTING 1. The activities, uses, privileges and obligations authorized herein are personal and the Lessee agrees that it will not assign, subcontract, sublet, or underlet the same or any portion thereof, or assign, subcontract, sublet or underlet the Leased Premises or any portion thereof without the prior expressed consent of the Lessor in writing and any purported assignment or subcontract in violation hereof shall be void. In no case, however, may the activities, uses, privileges and obligations authorized herein or the Leased Premises or any portion thereof be assigned, subcontracted, sublet, or underlet by the Lessee for any use other than herein specified. All provisions of this Agreement and Lease applicable to the Lessee hereunder shall be equally binding upon any party to which the activities, uses, privileges and obligations authorized herein, Leased Premises are assigned, subcontracted, sublet or underlet. Any party operating a business on the Leased Premises, by sublease from Lessee, shall be considered a subtenant, for the purposes of this Article X, Assignment and Subletting. 2. The Lessor will not be unnecessarily arbitrary in granting said permission, but the Lessor shall be the sole judge as to the reliability, capability, character, and desirability of the parties involved. ARTICLE XI - HOLDING OVER 1. In the event the Lessee shall hold over and remain in possession of the Leased Premises herein leased after expiration of this Agreement and Lease without any written renewal thereof, such holding over shall not be deemed to operate as a renewal or extension of this Agreement and Lease but shall only create a tenancy from month to month which may be terminated at any time by the Lessor ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS 1. All covenants, stipulations and agreements in this Agreement and Lease shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. 11 ARTICLE XIII - GENERAL PROVISIONS 1. Notices to the Lessor provided for in this Agreement and Lease shall be sufficient if sent by certified or registered mail, postage prepaid, addressed to the City Manager, City of La Porte, 604 West Fairmont Parkway, La Porte, Texas 77571, and notices to the Lessee if sent by certified or registered mail, postage paid addressed to La Porte Flight Line, L. L. C., City of La Porte Municipal Airport, La Porte, Texas 77571, or to such other respective address as the parties may designate to each other from time to time. 2. The Lessee represents that it has carefully reviewed the terms and conditions of the Agreement and Lease and is familiar with such terms and conditions and agrees faithfully to comply with the same to the extent to which said terms and conditions apply to its activities, authorized and required by this instrument. 3. The term "Lessor" as used in this Agreement and Lease means the City of La Porte, and where this Agreement and Lease speaks of approval and consent by the Lessor, such approval is understood to be manifested by act of the City Manager, except as otherwise expressly stated in this Agreement and Lease. ARTICLE XIV - INVALID PROVISION 1. In the event that any covenant, condition or provlslon herein contained is held to be invalid by any Court of competent jurisdiction, the invalidity of any such covenant, condition, or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the validity of any such covenant, condition, or provision does not materially prejudice either the Lessor or the Lessee in its respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement and Lease. ARTICLE XV - FEDERAL REQUIREMENTS 1. The right to conduct aeronautical activities or furnishing services to the public is granted to the Lessee subject to Lessee agreeing to: A. Furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and B. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 2. The Lessee in exercising any of the rights or privileges herein granted to it shall not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. The Lessor is hereby granted the right to take such action, anything to the 12 contrary herein notwithstanding, as the united States may direct to enforce this nondiscrimination covenant. 3. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. ARTICLE XVI - FAVORED NATIONS CLAUSE 1. Lessor covenants and agrees not to hereafter enter into any lease, contract, or agreement, nor any renewal of any existing leases, with any other party with respect to the Airport, containing more favorable terms than this lease or to grant to any other operator rights, privileges or concessions with respect to the Airport which are not accorded to Lessee hereunder, unless the same rights, privileges and concessions are concurrently and automatically made available to Lessee. It is understood and agreed that the intent of the parties in this paragraph is to provide that Lessee shall not be put at a competitive disadvantage with any other operator rights, privileges or concessions which have not been granted to Lessee or terms and conditions more favorable than those enjoyed by Lessee. ARTICLE XVII - LESSOR'S APPROVALS 1. Lessor covenants and agrees, in the case of every provision of this lease which requires Lessor approval for certain events or happenings, to not unreasonably withhold permission or approval of Lessee's request to use the leased premises for certain purposes or activities, provided that such request is consistent with the terms of the lease, and provided, further, that the request is consistent with the Minimum Standards for Airport Aeronautical Services at the La Porte Municipal Airport, and other applicable regulatory ordinances affecting the Airport. Lessee's request to Lessor shall be in writing, and Lessor agrees to reply to Lessee's request within thirty (30) days of such written application. ARTICLE XVIII - FORCE MAJEURE 1. Any prevention, delay or stoppage which is due to strikes, labor disputes, inability to obtain labor, materials, equipment or reasonable substitutes therefor, act of God, governmental restrictions or regulations or controls, judicial orders, enemy or hostile government actions, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform hereunder, shall excuse performance by such party for a period equal to the duration of such prevention, 13 delay or stoppage, except where such performance is the payment of rental or other charges to be paid by Lessee pursuant to the provisions of this Lease. ARTICLE XIX - ENVIRONMENTAL 1. "Environmental Laws" means all federal, state, and local environmental, land use, zoning, health, chemical use, safety and sanitation laws, statutes, ordinances and codes relating to the protection of the environment and/or governing the use, storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous Substances. "Hazardous Substances" means, without limitation, radon, radioactive materials, asbestos, urea formaldehyde form insulations, polychlorinated biphenyls, benzene, hazardous materials, flammable explosives, hazardous or toxic wastes, hazardous or toxic substances or related materials including all such wastes, materials and substances as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended [42 U.S.C. Sec. 9601 et. seg.], the Resource Conservation and Recovery Act, as amended [42 U.S.C. Sec. 6901 et. seg.] or any other applicable environmental laws and the regulations adopted pursuant thereto and other Environmental Laws governing waste substances, and the rules, regulations, policies, guidelines, interpretations, decisions, orders, and directives of any governmental authority with respect thereto. "Polluting Substances" means, without limitation, fuels, crude oil, chemicals, or any other liguid or solid material which if spilled or disposed of on real estate will pollute such real estate. The Leased Premises are not being used for the storage, treatment, generation, transportation, processing, handling or disposal of any Hazardous Substance in violation of any Environmental Laws. In addition, Lessor represents that (a) no release of a Hazardous Substance or Polluting Substance has occurred on the Leased Premises that would constitute a violation of any Environmental Laws; (b) no underground storage tanks have been placed on or exist on the Leased Premises; (c) there have not been nor are there any Hazardous Substances or Polluting Substances in or contaminating any of the land, buildings, structures, or other improvements constituting a part of the Leased Premises that would constitute a violation of any Environmental Laws; and (d) there have not been nor are there any Hazardous Substances in concentrations that exceed amounts permitted by Environmental Laws on or in any of the land, buildings, structures, or other improvements on the Leased Premises. 2. Lessee covenants and agrees, in its use of the leased premises, that it shall comply with all Environmental Laws. Lessee covenants and agrees, in its use and occupancy of the leased premises, that (a) no release of a hazardous substance or polluting substance shall occur on the leased premises that would constitute a violation of any Environmental Law; (b) any underground storage tanks placed on the leased premises shall be used in conformity with all Environmental Laws, and all necessary permits shall be obtained therefore; (c) there shall not be any Hazardous Substances or Polluting Substances in or contaminating any of the land, buildings, structures, or other improvements constituting a part of 14 the Leased Premises that would constitute a violation of any Environmental Laws; and (d) there have not been nor are there any Hazardous Substances in concentrations that exceed amounts permitted by Environmental Laws on or in any of the land, buildings, structures, or other improvements on the Leased Premises. ARTICLE XX - OPTION TRACT 1. Lessor grants to Lessee, an option, in the form of a right of first refusal upon thirty (30) days written notice from Lessor to Lessee, whereby Lessee may lease from City, the hereinafter described Option Tract. Lessee shall pay to Lessor, as additional rental, in the event Lessee exercises its option to lease said option Tract, an annual rental as calculated under the terms and provisions of this lease, for the balance of the term of the lease. Lessor shall give Lessee thirty (30) days written notice of any offer by a third party to lease such Option Tract, in which case Lessee hereunder may, within thirty-five (35) days of the date of said notice, either accept the option to lease all of said Option Tract by giving written notice to the City of its desire to do so, or, in the absence of such written notice, upon Lessee's refusal to lease said Option Tract, City shall be free to lease same to said other third party. In the event Lessee accepts and exercises its option hereunder, the term of the lease for said Option Tract shall extend for the full remaining term of the primary lease hereunder. This option shall continue in force to December 31, 2012. ARTICLE XXI - FURTHER OBLIGATIONS OF LESSEE 1. Lessee covenants and agrees with Lessor to keep and perform the following milestones, to-wit: A. Lessee shall abate all current violations by Gulf Central Aviation, Inc., including the sub-tenants of Gulf Central Aviation Inc., under the previous lease, now pending in the City of La Porte Municipal Court, or which have been the subject of notice letters from the City of La Porte to Gulf Central Aviation, Inc., on or before January 31, 2008. B. Submit to Lessor, for its prior written approval, all written subleases between Lessee, and existing sub- lessees on the Leased Premises, which meet the definition of "sublessee" under Article X hereof, on or before January 31, 2008. C. Remove from the Leased Premises, all non-aviation material and accumulations, on or before March 1, 2008. 15 IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized representatives, effective January I, 2008. ATTEST: ~t14a/l ~aI Mar ha A. Gillett city Secretary APPROVED : ~ 1/..// ~. / .;;1~{/,//t/ . 1.1!, ~ Knox W. Askins city Attorney ATTEST: BY: Lessee: La Porte Flight Line, L.L.C. G By: 16 TRACT ONE: Being a tract of land out of the La Porte Municipal Airport, said Airport being 300 Acres, more or less, out of the W. J . Payne Subdivision of the W.M. Jones Survey, A-482, Harris County, Texas, more particularly described as follows: BEGINNING for reference at a 1/2" iron pipe found for the Southwest corner of the LaPorte Municipal Airport, said point being in the North right-of-way line at Spencer Highway; THENCE, S890331E, a distance of 100.01 feet along the North right- of-way line of Spencer Highway to a point for corner; THENCE, North, a distance of 452.47 feet to the POINT OF BEGINNING of this tract; THENCE, continuing North, a distance of 261.64 feet to a point for the Northwest corner of this tract; THENCE, N52054'48"E, a distance of 129.82 feet to a point for the Northeast corner of this tract; THENCE, S37005'1211E, a distance of 208.72 feet to a point for the Southeast corner of this tract, said point being 300 feet Northwesterly of the center line of the Southwest-Northeast Runway of the La Porte Municipal Airport; THENCE, S52054'48"W, parallel to and 300 feet Northwesterly of the center line of said Southwest-Northeast Runway, a distance of 287.58' to the POINT OF BEGINNING of this tract; Said tract containing 1.0000 Acres of land. TRACT TWO: Being a tract of land out of the La Porte Municipal Airport, said Airport being 300 Acres, more or less, out of the W. J . Payne Subdivision of the W.M. Jones Survey, A-482, Harris County, Texas, more particularly described as follows: BEGINNING at the most Northeasterly corner of the M.L. Miller One- acre lease area of the La Porte Municipal Airport; hereinafter referred to as Tract No.1; THENCE, N52054148"E, a distance of 208.72 feet to a point for corner; THENCE, S37005'12"E, a distance of 208.72 feet to a point for Exhibit "A" Page 1 of 4 corner; THENCE, corner; S52054'48"W, a distance of 208.72 feet to a point for said point being the Southeast corner of Tract No.1; THENCE, N37005'12"W, a distance of 208.72 feet, along the East line of Tract No.1, to the PLACE OF BEGINNING; Said tract containing One (1) acre of land. TRACT THREE: Being a 1.00 acre tract of land located in the City of La Porte Municipal Airport, Harris County, Texas, and being hereinafter referred to as Lease Area Tract No.3, as shown on Exhibit "B", attached hereto, said 1.00 acre Tract No.3 being more particularly described as follows: COMMENCING at the Southwest corner of the La Porte Municipal Airport, La Porte, Harris County, Texas; THENCE, S89033'E, along the South line of the La Porte Municipal Airport, said line being the North right-of-way line of Spencer Highway, a distance of 100.01 feet to a point for corner; THENCE, North, along the East side of a 100 foot wide drainage and roadway reserve, a distance of 714.11 feet to a point for corner, said point being the Northwest corner of Lease Tract No.1; THENCE, N52054'48"E, along the Northwest line of Lease Tracts No. 1 and 2, a distance of 338.54 feet to the POINT OF BEGINNING of this Lease Tract No.3; THENCE, S37005'12"E, along the Northeast line of Lease Tract No. 2, a distance of,208.72 feet to a point for corner, said point being 300 feet Northwesterly from the center-line of the N.E. - S.W. Runway of the La Porte Municipal Airport, and the Southeast corner of Lease Tract No.2; THENCE, N52 054' 48 "E, along a line parallel to and 3 00 feet Northwesterly from the center-line of the N.E. - S.W. Runway, said line also known as the Airport Building Line, a distance of 208.72 feet to a point for corner; THENCE, N37005'12"W, a distance of 208.72 feet to a point for corner; THENCE, S52054'48"W, a distance of 208.72 feet to the POINT OF BEGINNING. Exhibit "A" Page 2 of 4 TRACT FOUR: Being a 0.6065 acre (26,418 sq. ft~) tract (Tract 4) comprising part of that certain City of La Porte 300.14 acre municipal Airport tract (Vol. 1614, Pg. 190, Harris County Deed Records), W. M. Jones Survey, A-482, Harris County, Texas. All coordinates and bearings are referred to the Texas Coordinate System of 1983, South Central Zone, as defined in the Texas Natural Resource Code, Section 21.071, et seq., and are based on the position of "La Porte 1962", having published coordinates of N 4,209,400.770 and E 980,752.809 meters, and N 13,810,342.36 and E 3,217,686.51 U. S. Survey Foot; and having a scale factor of 0.9998798. The 0.6066 acre tract as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc. on November 25th thru December 1st, 1992, is more particularly described by metes and bounds as follows; COMMENCING at the Southwest corner of said 300.14 acre La Porte airport tract, having coordinates of N 13,810,198.10 and E 3,216,126.75. Thence N 86 degrees 56 minutes 22 seconds E; coincident with the North right-of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 100.01 feet to a point for corner. Thenoe N 03 degrees 30 minutes 38 seconds W; passing at 452.47 feet the Southwest corner of Tract 1 of the existing Gulf Central Aviation, Inc. Lease Tract; fcr a total distance of 714.11 feet to a 5/8 inch iron rod set for the Northwest corner of said Tract 1, the POINT OF BEGINNING of this 0.6065 acre tract and having coordinates of N 13,810,916.12 and E 3,216,182.88. Thence N 03 degrees 30 minutes 38 seconds W a distance of 62.68 feet to a 5/8 inch iron rod set for the Northwest corner of this 0.6065 aore tract. Thence N 49 degrees 24 minutes 10 seconds E a distance of 509.46 feet to a 5/8 inch iron rod set for the Northeast corner of this 0.6065 acre tract. Thence S 40 degrees 35 minutes 50 seconds E a distance of 50.00 feet to a 5/8 inch iron rod set for the Southeast corner of this 0.6065 acre tract. Thence S 49 degrees 24 minutes 10 seconds W; coincident with the North line of the existing Gulf Central Aviation, Inc. Lease Tracts 1, 2, and 3; a distance of 547.26 feet to the POINT OF BEGINNING. Exhibit "A" Page 3 of 4 OPTION TRACT: Being a 2.057 acre (89,616 sq. ft.) tract (Option Tract 5) comprising pa~t of that certain City of La Porte 300.14 acre municipal Airport tract (Vol. 1614, Pg. 190, Harris County Deed Records), W. M. Jones Survey, A-482, Harris County, Texas. All coordinates and bearings are referred to the Texas Coordinate System of 1983, South Central Zone, as defined in the Texas Natural Resource Code, Section 21.071, et seq., and are based on the position of "La Porte 1952", having published coordinates of N 4,209,400.770 and E 980,752.809 meters, and N 13,810,342.36 and E 3,217,686.51 U. S. Survey Foot; and having a scale factor of 0.9998798. The 2.057 acre tract is more particularly described by metes and bounds as follows; COMMENCING at the Southwest corner of said 300.14 acre La Porte airport tract, having coordinates of N 13,810,198.10 and E 3,216,126.75. Thence N 86 degrees 56 minutes 22 seconds E; coincident with the North right-of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 100.01 feet to a point for corner. Thence N 03 degrees 30 minutes 38 seconds W; passing at 452.47 feet the Southwest corner of Tract 1 of the existing Gulf Central Aviation, Inc. Lease Tract; passing at 714.11 feet a 5/8 inch iron rod set for the Northwest corner of said Tract 1 and the Southwest corner of a 0.6065 acre tract (Tract 4); for a total distance of 776.79 feet to a 5/8 inch iron rod set for the Northwest corner of said Tract 4, and the POINT OF BEGINNING of this 2.057 acre tract and having coordinates of N 13,810,978.67 and E 3,216,179.04. Thence N 03 degrees 30 minutes 38 seconds W a distance of 260.74 feet to the Northwest corner of this 2.057 acre tract. Thence N 49 degrees 24 minutes 10 seconds E a distance of 352.23 feet to the Northeast corner of this 2.057 acre tract. Thence S 40 degrees 35 minutes 50 seconds E a distance of 208.00 feet to a 5/8 inch iron rod set for the Northeast corner of said 0.6065 acre tract and the Southeast corner of this 2.057 acre tract. Thence S 49 degrees 24 minutes 10 seconds W; parallel with and 50 feet North of the North line of the existing Gulf Central Aviation, Inc. Lease Tracts 1, 2, and 3; a distance of 509.46 feet to the POINT OF BEGINNING. Exhibit "A" Page 4 of 4 LU (,) Z LU u..;:;, . TRACTj1..... // ". ~ . I : 30138"W-62.68'... ( I \ GATE r i ~ PO. N3 I P.O .B. N 13,810,916.12 E 3,216,182.88 1 \ ~ <l' - ~ - CD V (IJ r:: ,/ Al.l. COORDINATES AND BEARINGS ARE REFERRED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DEFINED IN THE TEXAS NATURAL RESOURCESCODE,SEC: 21.071, et seq., AND ARE BASED ON THE POSITION OF "LAPORTE 1952", HAVING PUBLISHED COORDINATES OF N 4,209,400.770 AND E 980,752.809 METERS, AND N 13,810,342.36 AND E 3,217,686.51 U.S. SURVEY FOOTi AND HAVING A SCALE FACTOR OF 0.9998798. f ~'I-~ / -- ~\ / eo, \ / I ,:?-V' ~ ~1 o 'l,.' c" ,,~-y.: c" ,,~-y.: ~ ",0 0<( ;! ci "' (IJ " ~ , ,-0 'l-Po o Po~ '" v' i>' \ , c" 0--5 ,,~-y.: C;; ~,~\!J +,'? ~ ~ CD '" ~ o '" z I'- <l' N "' <l' NS6056122"E \ PO C ..- 100.01' -.\ . . . \ ....s.w. COR 300.14 Ac. LA PORTE MUNICIPAL AIRPORT N 13,810,198.10 E 3,216,126.75 S 4003SlS0llE - 50.00' :z: t- ll: o Z o a: (!) SCALE: I": 100 I o DENOTES 5/S"I.R. SE- WEST MAIN - STREET ( 100 l R. O. W. ) PROPOSED GULF CENTRAL AVIATION LEASE TRACT ( SPENCER' HWy. ) -...., PREPARED FOR: CITY OF LA PORTE PREPARED BY: H. CARLOS SMITH, E $ S, INC. DATE: DEC. I, 1992 JOB NO. 2759 - 92 Exhibi t "B" STANDARD MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES LA PORTE MUNICIPAL AIRPORT Dated: Exhibit "e" 9 REQUEST FOR CITY COUNCIL AGENDA ITE~I Agenda Date Requested: December 17.2007 Appropriation Requested By: Ron Bottoms Source of Funds: Department: City Mana!1er's Office Account Number: Report: Resolution: Ordinance: X . Amount Budgeted: Exhibits: Ordinances Amount Requested: Exhibits: Industrial District A!!:reements Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements will expire on December 31, 2007, the common date for the Battleground and Bayport Industrial Districts. The City mailed 118 Industrial District Agreements on November 1, 2007. On December 3, 2007 the City Council approved the fIrst 50 contract. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: . Ordinance No. 2007-IDA-51 Ohmstede Ltd . Ordinance No. 2007-IDA-52 NRG Texas Power LLC - S.R. Berton . Ordinance No. 2007-IDA-53 NRG Texas Power LLC - San Jacinto . Ordinance No. 2007-IDA-54 Turbo Storage Service Company, Ine . Ordinance No. 2007-IDA-55 Kaver LP . Ordinance No. 2007-IDA-56 Noltex LLC . Ordinance No. 2007-IDA-57 Aristech Chemical Corporation . Ordinance No. 2007-IDA-58 Carson Bayport I, LP . Ordinance No. 2007-IDA-59 Occidental Chemical Corporation . Ordinance No. 2007-IDA-60 Oxy Vinyls LP - La Porte . Ordinance No. 2007-IDA-61 Oxy Vinyls LP - Battleground . Ordinance No. 2007-IDA-62 Rockin R Real Estate Investors of Texas LLC . Ordinance No. 2007-IDA-63 Ex Tex La Porte Limited Partnership . Ordinance No. 2007-IDA-64 Bayport Rail Terminal, LLC . Ordinance No. 2007-IDA-65 The Dow Chemical Company . Ordinance No. 2007-IDA-66 Texas Electric Equipment Co . Ordinance No. 2007-IDA-67 Liberty Property Limited Partnership . Ordinance No. 2007-IDA-68 Invista S.A.R.L. . Ordinance No. 2007-IDA-69 Gas Innovations/WWC . Ordinance No. 2007-IDA-70 ELE Holdings, LTD (26.93 Acres) . Ordinance No. 2007-IDA-71 ELE Holdings, LID (7.12 Acres) . Ordinance No. 2007-IDA-72 Amoeon, Inc . Ordinance No. 2007-IDA-73 North Bayport Pasadena IP, Ltd . Ordinance No. 2007-IDA-74 Aztron Chemical Services, Inc . Ordinance No. 2007-IDA-75 Port Central Service Ctr, LP . Ordinance No. 2007-IDA-76 Greif Containers, Inc . Ordinance No. 2007-IDA-77 Ruhrpumpen, Inc . Ordinance No. 2007-IDA-78 . Ordinance No. 2007-IDA-79 . Ordinance No. 2007-IDA-80 . Ordinance No. 2007-IDA-81 . Ordinance No. 2007-IDA-82 . Ordinance No. 2007-IDA-85 . Ordinance No. 2007-IDA-86 . Ordinance No. 2007-IDA-87 . Ordinance No. 2007-IDA-88 . Ordinance No. 2007-IDA-89 . Ordinance No. 2007-IDA-90 . Ordinance No. 2007-IDA-92 . Ordinance No. 2007-IDA-93 . Ordinance No. 2007-IDA-95 . Ordinance No. 2007-IDA-98 . Ordinance No. 2007-IDA-99 . Ordinance No. 2007-IDA-I02 . Ordinance No. 2007-IDA-I03 . Ordinance No. 2007-IDA-I04 . Ordinance No. 2007-IDA- 105 . Ordinance No. 2007-IDA-106 . Ordinance No. 2007-IDA-I07 Schutz Container Systems Baker Petro lite Corporation Vantage Development #39, LLC NOCS West Gulf, Inc MRTS225 Ltd Goodyear Tire & Rubber Harcros Chemicals, Inc Matheson Tri-Gas, Inc Houston Polymers Terminal/Katoen Natie Tredco, LP United Rentals, Inc Dolima Properties Trimac Transportation South Inc Centerpoint Energy Houston Electric Bayport Processing LLC Intergulf Corporation GSL Investments, Inc (2.0165 Acres) GSL Partners Sub Seven (4607 New West) GSL Partners Sub Four, LP (11355 Highway 225) GSL Partners Sub Four, LP (11245 Highway 225) GSL Partners Sub Seven, LP (4106 New West) GSL Partners Sub Seven, LP (4107 New West) Action Required bv Council: onsider approval of the ordinances 2007-IDA-51 through 2007-IDA-107 authorizing the execution by the City of L Porte of Industrial District Agreements listed above. Co tracts are being accepted until the meeting on Monday December 17, 2007. Ron Bottoms, City Manager Date { ~~!o~ I I ORDINANCE NO. 2007-IDA- AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH (Name on Contract). (Corporation Type) FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. _(Name), (Corporation TypeL has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 1ih day of December, 2007. CITY OF LA PORTE Alton Porter, Mayor ATTEST: Martha Gillett, City Secretary APPROVED: Knox Askins, City Attorney 2 NO. 2007-IDA- S S STATE OF TEXAS S S COUNTY OF HARRIS S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and corporation, hereinafter , a called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the city Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas" , hereinafter collectively called "District", such Ordinances.being in compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") i and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1., 2007 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city referred to above, city and Company hereby agree with each other as follows: I. city covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing uin lieu of taxes" hereunder. B. On or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of uin lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . C. Company and City agree that the following percentages (UPercentage Amount") shall apply during each of the Value Years: Value Year 2008: 62% Value Year 2009: 62% Value Year 2010: 62% Value Year 2011: 62% Value Year 2012: 62% Value Year 2013: 62% Value Year 2014: 63% Value Year 2015: 63% Value Year 2016: 63% Value Year 2017: 63% Value Year 2018: 63% Value Year 2019: 63% Company taxes" personal of: agrees to pay to City an amount of "in lieu of on Company's land, improvements and tangible property in the unannexed area equal to the sum 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Years following completion of construction in progress, an amount equal to Twenty-five percent (25%), if construction is completed in Value years 2008 through 2013; and Twenty percent (20%), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. In the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January I, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3 . Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should city elect to grant the freeport inventory exemption authorized by Article VIII, section 1-j of the Texas Constitution and section 11.251 of the Texas Property Tax Code to taxpayers within the city limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, section l-n, of the Texas Constitution and section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 S. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (ClMA), Company agrees to reimburse city for its costs arising out of any emergency response requested by Company to Company I s property, and to which City agrees to respond. If Company is a member of ClMA, the obligations of Company and City shall be governed by the ClMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of city to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and 6 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI (B), Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to city of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by city, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to jUdicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by city in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any 8 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the city of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: (COMPANY) Department Attention: Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: 9 Plant Manager Name: Address: Phone: Fax: Email: Tax Agent/Billing Contact Name: Address: Phone: Fax: Email: ENTERED INTO effective the 1st day of January, 2008. (COMPANY) By: Name: Title: Address: ATTEST: CITY OF LA PORTE By: Alton E. Porter Mayor City Secretary APPROVED: By: John Joerns Assistant City Manager Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS ~ ~ COUNTY OF HARRI S ~ This instrument was , 200 , by - of on behalf of said entity. acknowledged before me on the day of corporation, a corporation, Notary Public, State of Texas STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on the day of , 200 , by Alton E. Porter, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. Notary Public, State of Texas 11 nEXHIBIT An (Metes and Bounds Description of Land) 12 DEXHIBIT BR Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 nEXHIBIT C. Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for businesses shall not exceed 350 square feet. multiple . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 14 nEXHIBIT en Page 2 of 3 b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to city by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provlslons of the City's Code of Ordinances, whichever is more restrictive. 15 nEXHIBIT en Page 3 of 3 4 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. s. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 17.2007 Bude:et Requested By: Ron Bottoms Source of Funds: Department: City Manager Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION On November 1,2007 the City of La Porte mailed out 118 Industrial District Agreements to the companies that own property within the Battleground and Bayport Industrial Districts to renew for twelve years beginning on January 1, 2008. The property owners that have not successfully executed an Industrial District Agreement are part of the territory in which the City of La Porte is requesting to extend its City Limits which is set out in Exhibits to be provided Monday December 17, 2007. It-/f ~ ~1 Date ORDINANCE NO. 2007- 305 ij =rl ('/11 pLlIl-d- (10 ({ &I; O(\.-) -iat f'1J AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORIES WITHIN CERTAIN BOUNDARIES LOCATED WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT AND THE BAYPORT INDUSTRIAL DISTRICT; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVCE PLAN FOR SUCH TERRITORIES; MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A REPEALING CLAUSE; 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: Section 1. The City of La Porte has heretofore adopted a Home Rule Charter granting the City Council the power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of additional territory lying adjacent to he City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter, and by Chapter 43 of the Texas Local Government Code. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territories are or were the subject of an industrial district contract (as defined under Section 42.044 of the Texas Local Government Code), and as allowed by Section 43.052 (h) (3) (A) of the Texas Local Government Code, are thus not subject to inclusion with a three (3) year municipal annexation plan required under Chapter 43, Subchapter C of the Texas Local Government Code, for municipal annexations. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territories are adjacent and contiguous to the present City limits ofthe City of La Porte, and lie within the exclusive extraterritorial jurisdiction of the City of La Porte, and that the annexation of said territories to the City of La Porte will promote the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. Section 4. The City Council ofthe City of La Porte has heretofore, on November 12,2007, passed and approved Ordinance 2007-3044 declaring its intention to institute proceedings to annex the hereinafter described territory. Two public hearings were called, and were held on October 8, 2007, and October 22, 2007, at which public hearings all interested parties were given an opportunity to be heard. Notice of such public hearings were given by publication in the Bayshore Sun, a newspaper of general circulation in La Porte and in the areas proposed for annexation, and on the City of La Porte's internet webstite. 1 Section 5. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described territory, and the same is hereby declared annexed to the City of La Porte, Texas, and the boundary limits of the City of La Porte, Texas, be, and the same are hereby, extended to include the following described territory within the City limits ofthe City of La Porte, and the same shall hereinafter be included within the territorial limits ofthe City of La Porte, and the inhabitants thereof shall hereinafter be entitled to all rights and privileges of other citizens of the City of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations ofthe City of La Porte. Section 6. Subject to all sections of this ordinance, the corporate limits of the City of La Porte, Texas are hereby extended to embrace and include all of the territory within the boundaries set out in Exhibits _, which exhibits are attached hereto, incorporated herein by this reference and made a part hereof for all purposes, and such territory is hereby annexed to and made a part of the City of La Porte, Texas, for general purposes. Section 7. As required by Texas Local Government Code Section 43.065, the City Council ofthe City of La Porte, has heretofore, on August 13,2007, directed the City's Planning Department to prepare a Service Plan that provides for the extension of municipal services to the area comprising the Battleground Industrial District and Bayport Industrial District, within which are located to areas proposed for annexation by this ordinance. Such Service Plan is hereby approved as part of this ordinance, and is attached hereto as Exhibit _ , and is incorporated herein by this reference and made a part hereof for all purposes. Section 8. This ordinance shall not repeal, impair, modify, or in anywise affect any other ordinance annexing territory to the City of La Porte, or any other ordinance heretofore passed on one or more readings and not yet passed on final reading, annexing any territory to the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective to their intent and purpose as therein stated, wholly unaffected in any way or manner by the passage of this ordinance. This ordinance shall not in anywise be impaired or affected by any other ordinance heretofore introduced or passed on any reading, whether final or not; nor shall it be affected by any other ordinance which may hereafter be introduced or passed on one or more readings, pending the final passage of this ordinance; and this ordinance shall be effective to its intent and purpose as hereinabove stated, wholly unaffected by any other annexation ordinance introduced and passed or hereafter introduced and passed on any reading, whether final or not final, annexing territory to the City of La Porte, and wholly unaffected by any ordinance heretofore or hereafter passed calling a 2 hearing and giving notice relative to the institution of any annexation proceedings. This procedure initiated hereby and the annexation proceedings instituted hereunder shall be independent of any other proposed and pending annexation of such territory, and such other proceedings shall not be affected hereby. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 9. It is the intention ofthe City of La Porte, Texas, and its City Council to comply with all applicable provisions of the City Charter and of the Constitution and Laws of the Federal government of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony therewith. Section 10. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section, sentence, phrase, or clause shall in no wise affect, impair, or invalidate the remaining portion or portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Furthermore, should this Ordinance for any reason be ineffective as to any part ofthe territory hereby annexed to the City of La Porte, such ineffectiveness ofthis Ordinance as to any such part or parts of any such territory shall not affect the effectiveness of this Ordinance as to all ofthe remainder of such territory, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part ofthe territory described in Exhibits of this Ordinance, regardless of whether any part of such described territory is hereby effectively annexed to the City. Provided, further, that ifthere is included in the description of the territory set out in Exhibits _ ofthis ordinance to be annexed to the City of La Porte, any lands or area which are presently part of and included within the general limits of the City if La Porte, or which are presently part of and included in the limits of any other city, town, or village, or which are not within the jurisdiction or power of the City of La Porte to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. It is the intention of the City Council of the City of La Porte to annex to the City of La Porte, all of the territory owned by and under the control of the following entities: Section 11. The City Council officially finds, determines, recites, and declares that a 3 sufficient written notice ofthe date, hour, place and subject ofthis meeting ofthe 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 12. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED, this day of December, 2007. By: AITY OF LA PORTE ~~~~ Alton E. Porter Mayor ATTEST: 1--{ fVf") PlA I I 'tel - o [( Ii f n , nO Cfcliuv\.) Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney 4 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 17. 2007 Requested By: Wayu, J. s4f I Department: CMO Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance: X Exhibits: Ordinance Area Map SUMMARY Pursuant to Section 43.065, Texas Local Government Code, the City Council, when considering annexation of certain tracts of land not previously nor currently the subject of an Industrial District Agreement (IDA) contract, must direct the City of La Porte Planning Department to prepare a service plan that provides the extension of municipal services as a preliminary step in the annexation process. The property of each firm which accepts the offer of the City to enter into an IDA for the twelve year term beginning January 1, 2008, shall not be included in the service plan. The attached ordinance, together with the metes and bounds, directs the Staff to prepare such a service plan for tracts located in the Battleground Industrial District. Council was previously made aware of the tracts identified as "Heller", "Tucker", "Two Eighteen -M- Texas" and "Two Zero One -M- Texas" have not entered into an IDA with the City (see exhibit 2, Area Map, to this agenda request). Passing of the attached ordinance would begin the initial process for annexation of these tracts. A public hearing is not required. Ron Bottoms, City Manager /1/iJJ01 Date ORDINANCE NO. 2007- ~D(5 [} AN ORDINANCE DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A SERVICE PLAN THAT PROVIDES FOR THE EXTENSION OF MUNICIPAL SERVICES TO CERTAIN AREAS WITHIN CITY'S BATTLEGROUND INDUSTRIAL DISTRICT, PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE, 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: Section 1. Pursuant to section 43.065, Texas Local Government Code, the City Council of the City of La Porte hereby directs the City of La Porte Planning Department to prepare a service plan that provides for the extension of municipal services to certain areas proposed to be annexed to the city of La Porte and located within the Battleground Industrial District, as identified and described on Exhibits "A", "B", "C", and "D", attached hereto, incorporated by reference herein, and made a part hereof for all purposes. The proposed service plan shall be made available for public inspection and explained to the inhabitants of the said areas herein described, at public hearings to be held under Section 43.063, Texas Local Government Code. The proposed annexation of the areas described on Exhibits "A", "B", "C". and "D", is brought pursuant to Section 43.052(h) (i), providing for an exception to the preparation of a three (3) year annexation plan, for annexation of an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. Section 2. The property of each firm which accepts the offer of the city of La Porte to enter into the city's proposed industrial district agreement, for the twelve year term beginning January 1, 2008, shall not be included in the service plan. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Codei 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 effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 17th day of December, 2007. By: CITY OF LA PORTE ~!LY~ Alton E. Porter, Mayor ATTEST: ~tl rt/d- Ma ha A. G llet City Secretary APPROVED: ./ ;/1 /";1 /'. /;/ / -/ 11./ /., +;/ ' .:....u 6-;--. e-/(I C '1-. /__ Knd~ W. Askins City Attorney 2 S60~560 \J'v0 , .~ WARRANTY DEED 514-47-3024 06/25/97 300133655 5605560 US.OO STATE OF NEW JERSEY CO~TY OF MIDDLESEX KNOW ALL MEN BY THESE PRESENTS: THAT ISAAC HELLER, GARY ALPER, RONALD ROBERTS, KENNETH VOLK, JOSEPH SHACHAT AND STEVEN KAUF~~N, as tenants in common, hereing called Grantor, in consideration of Ten ($lD.DD) Dollars and other good and valuable consideration paid to Grantor by TWO ZERO ONE -M- TEXAS, a New Jersey I ).J~ partnership, with offices at 205 Mill Road, Edison, New Jersey 08817, herein called Grantee. HAVE GRANTED, SOLD AND CONVEYED and by these presents, do GRANT, SELL AND CONVEY unto the said Grantee, all that ..-- J .~ V\ certain 9.455 acre tract out of Lot 11 of the F.A. Staashen .D Subdivision ("Premises"), said subdivision being out of the Enoch Brinson Survey, Abstract No.5, Harris County, Texas, more particularly described by metes and bounds in Exhibit A attached hereto and maae a part hereof as effectually as though the said description were copied herein verbatim. THIS CONVEYANCE however is SUbject to the,matters set forth in Exhibit B attached hereto and made a part hereof. TO HAVE AND TO HOLD the said Premises, together with all rights, hereditaments thereto belonging unto the said Grantor, their heirs and assigns forever, and the Grantor herein do hereby bind themeselves, their successors and assigns to warrant and forever defend the title to the ....... . .:f}A{~.::(<;:.:~:':.~/' ,.:.~.~i,d property unto the said Grantee herein, its successors . ~'::::')~j:,\' ';::':":":;" .:,and, assigns, against every person whomsoever lawfully "'~:':':::"':':';:-:..: :::'~~"7.~" :'~::i':,' '. . :::::'f;.:.;?~~aJ.~J.ngor claJ.m the same or any part thereof. II~~~~ -W'~ "W.""'~'1::t'~ U:z: ';lloZ':~;'~ f~~.~U;';~,:: ~',' ~6 i~{~f!r~)~.l~i /bUJ ~. @J 71''' /fj;) ~~ a4~ EXHIBIT J J!I A ~ /. t gi~:"i:. ;~t - 514-47-3025 WITNESS THEIR HANDS THIS THE bR~ (as to .66 interest) ~LO~JES? U ..s .07 in~ S ACHA'l' .06 interest) .e..e , 1986. ARY LPER (as to .10 interest) ~..$(~ ENNETH VOLK as to .06 interest) ~~..J . E N OF (as to .05 interest) U?!:N RECORDING. RETURN TO. (;tll~ I >HOU SE lii:;MP50fo! & KNIGliT h ..,.(t,'I';':\:Or.~\ ~UK~\ltl~I'ort 3!~':, ,:j ilSl CI TV CENTER 1700 )>;\CIFIC AVENUE UALLAS, TEXAS 75Z0l STATE OF NEW JERSEY :: 55 COUNTY OF MIDDLESEX Before me, the undersigned authority, on this day personally appeared ISAAC HELLER, . GARY ALE'ER, RONALD ROBERTS, KENNETH VOLK, JOSEPH SHACHAT AND STEVEN KAUFMAN, known to me to be the persons whose names are suoscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and as their voluntary act and deed. Given under my hand and seal of office on this the \~~ day of ~ , 1966. ~~~~ STATE OF TEXAS BARBARA PAPIEAZ Notary Public 01 New Jol'SCY My Commission Explros June 3. 1981 : :SS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/they executed the same for thepurposes and consid- eration therein expressed, and as his/their voluntary act and deed. Given under my hand and seal of office on this the day of , 1986. 10" I':) V- ,,: .. EXHIBIT A ~ 514:'47-3026 To Deed from Isaac Heller, GAry Alper, Ronald Roberts, Kenneth Volk, Joseph 'Shacnat and Steven Kaufman to Two Zero One -M- Texas, a New Jersey Partnership. Dated ]JE~~AlA~.t! II. ,1986 1 ~);;;';;I >:~'Q"'~'),:' .\ . \ .11A& I ,.4" lera tract of 1.n4 out of that e.rtal~ 19.tS)1 ee:_ tra~t I of l~Qd which Is out of t4~ 11, r. A. St.~shen SubdivllioD lD thl tn~cb JruleD Survl1. A-). ilardi Co\IDt7. Tu... n. 1-9.4.551 acn tract of lAnd 15 t~t cartaln tract conva,ecS \7 Sehcted 1.&ndl, l.d. " to hue Baller oc AUlgst IS. 1'81 II ra~ordecS undlr Barri. Count7 Clark'. fil~Numb.r B- 106Q03 tbl ,.435 Icre tFlct 1. ~orl particular17 described \ly .etei lad boUllds u followsj JeliaD1D& at a lAl1rold tie \lolt .et for the Nort~'lt COrDer of this ,.4.5S ac:ra trac:tj add point i. also the Northwest cof'll~: of the a!oree.nt1oo.ed 1'.4.558 Icre tract. n!1lce. . 8S. 18' 08" E: co1nc.tde.nt with the North boundary line of I tlle'19.4SS8 acre tract; pa.ss1n& at 1,O'O.,53,fut the propose.4 lleH eau:lle~t lJDe of ~t cert.du eue:unt ,bow undu 1.:1.5 Pendens .1 ncorl!ed under Duris Co~cJ Clerk's Fil.Q Code 1i'~-36-1789: for a ~o~al disunce of 1.073,.50' .fut to a ~/8 1I1c1\ curhge bolt let for the Northeast come: of this ~.I.S5 acr. t.:tac:t. 1'1amce, S 1- 41' 52" E: . distance of ~30.00 feet to I S/8 hlch iroa rod set for tbe Southeast COrDer of this tr~ct. %bmce. S 8S- IS' 08" V: colnc:1denr. with tb~ Soutb bounl!arr line of t~c 19.4558 ~cre tract Iud tbe Soutb boundary line of Lot 11 of t~e r~ A. S~aasbeu Sbbd1v1s10u: p,ss1u& It 8~.14 feet the ~est else=ent liDe of th~ usaan shovu under I.is 1'endeas: for a toul d1st.ace of, 711.16 feer. to a concrete aoa\lllleSlt. fouad for tbe Southwest comer of this tract. ~ce. >> 62-'09' ~S" V: coincident with tbe Nortberly right-of-way 1.1ae of StaU 1l1&bilai 22': . dbuacI of 1"17.72 het to . ~ODcrcte lDO~UlllUlt ~o\I:Dd for conu. Thence. cout1n\liDg coiDcldtDt witb the Northerl,.r1&ht-or-vay line of SUte 11&1Na)' 225; fo11ovas . aonungmt Curve to tbe riabt; said curve h,av1.D; . rac1hs of 31.1.91 feet 1!'l4 a central angle of 41.'.50' 00-:. and Arc d1.stuc:e of 249.68 [eet to I 5/8 1ncb iron rod fo",nd for corner. ntDc:e, H20. 22' 04" V. c:oinc1dent With the Nortbcdy. d;ht-of-vay line of Shte Highwa, 225: I d1sunce or 162." feet. to tlle l'Ollt'"f Of UCINN111C. @ ~~~ ~ ~ "~~~'1 - SI4-47-J027 EXHIBIT .a To Deed from Isaac Heller, Gary Alper, Ronald Roberts, Kenneth Volk, Joseph Shachat and Steven Kaufman to ~wo Zero One -M- Texas, a New Jersey partnership. Dated ))~l'i!IJI!JU I'~ ,1986 1. Deed of Trust and Security Aqrearent dated as of Oecstbar 1, 1984, executed by Isaac Heller to William M. CUlver, Vice President of First Fidelity Sank, National Associa- tion, Now Jersey, as Il'Ortgagee trustee for Texas Cameroe Bank NatiOMl Association, Houston, Tcx<Js, Trustee, securing paynent of that certain Harris Ca.Inty IOOustrial Developrrent Corporation Industrial oevelq;rrent Revenue Boms (Isaac Heller Project), Series 1984. in the aggregate principal aIrOUl'It of $3,000,000.00 issued by Harris County Industrial Developrent Corporation, filed for record on I:lecalber 18, 1984 under Clerk I s File No. J-826401. rurther secured by Assiqnrent of t.essor'q Interest in teases and Security Aqreer.ent fran Isaac Heller, as Assiqoor, to Texas O:rme.rc:e Bank National Association, Houston, Texas, as Assignee, filed for rE!CXlrd on DeceIl'i:ler 18, 1984 under Clerk's File No. J-826402. :2. There is pending under Cause No. 26872 of the County Civil Court at Law No.1, Condelmation Proc:eedirY;s styled COastal Wustrial water Authority va. Select:ec1 lands, Ltd. No.9, et al, under Iwhich the plaintiff is seeJdn:J an eaSEllB1t CXXltainirq 3.10. acres of which a ~rtion crosses the subject property. A Lis Perdens Not:ioe in . conjunction therewith under Clerk's File No. &-057441 cw! !t.e.F.C. No. 172-36-1789. 3. SUbject to rights of otherS in and to the use of a 30' wide strip of land a.lcn1 the northerly boundary line of the insured property for the purpose of ingress an:! egress as set forth in a joint declaration of easerrent recorded in H.C.F .c. No. 194-98-1394 and under Clerk's File No. H-134378. 4 . TeIms and c:onditions of that certain Declaration of Easare.nts together with ease- nents created therein filed under Clerk's File No. J-7858l2 and \lllder Clerk's rile No. H-l34378. 5. SUbject to Marorandum of Indenture of Trust dated 0eceIrber 1, 1984 t:etween TexaS Came.rce Bank National Association, lbuston, Texas (Trustee) an:i Harris County Imuserial DevelotIJent Corporation (Issuer) an:i Isaac Heller (User), filed for record on Decarber 18, 1984 under Clerk's File No. J-826403. (&5 a.v. ~I'- iJ1Jr12 16)/ Ji~ l'.,:~crrs ~:~;.;~t:.',::(~)n:., :; ~ '1": \'1 I r~',,: >, ') :"~J. 'H1~ , , T '....: :" '.' ~ . I~i. t"'I:I.f-rr.,',I.fr , " I',: .... "i."",,r~uCl!C:'1 . :. ~ ~ 1" .' ,j: .;.: I'j It . .I , ;:". . .. I'. ~ ", : .c. I , . t ~J '. j \ \ \ \ i I 1 I \ "," ' j '~~~7.!i f~ '," '_ '~~. :' 514":47-3028 1IIt_1IlOf......II""'" 1If!W,-......1I1lE1IE_... __"'_"l'I<ld....e.oo___" 'Mi STA1'l! OF 1El(ASl OFHNIllS ~Illr ..,., till _ ... F1lSl iI fie ""'*' ""-ClII.._Ml4l"'...~_~ n;arxI. lIh AElXlIIIlfD. II '" 0IIii:iII NIic _ .. Rill f\qlodr .. Ilailfo CoiJlIr. ro.u .. AUG 2 5 1997 e &"~,~4~ c;olJl/1Y CI.EfIl( _s CClUNtV 'lElU\5 , I '----' --,' " ,:. ~ ....... '. '. M339049 ~~51 Pl'I:paro~ b) tho SlalO Bar IIfTo,a. Ii.. u.o b) la\l.)or' IInl) , R.,,;..d 10.85. ON.~to, 1""'~"*'lLotr"II~',,," 158-62-(519 ...... ~ !.(!I) I~,-/ )) "'--7 ~ WARRANTY DEED Date: September ~. Selected Lands, V;. : '7 '~"'I :i(;::r'I~;.'r:: ~J3':0:, t 1989 Grantor: Ltd, #9, a Texas Limited Partnership Grantor's Mailing Address (including coun!}'): 14515 Briarhllls parkway, Suite 200 Houston, Harris County, Texas, 77077 Grantee: Isaac Heller Granlec's Mailing Address (including counly): 205 Mill Roaa, Edlson. Middlesex County, N.J. 08817 Considcrdlion: Ten Dollars and other good and valuable consideration. II r Property (including any ime.rovements): A 21.8~4 acre tract of land in the Enoch Brinson Survey. A-5 in Harris County. Texas as more particularly described by metes and bounds on Exhibit "A", pages 1 and 2, attached hereto and made a part hereof.' \ ~, (iT)' 4 '>' ca. ".:u1 ::s: ~I- 0- ::\~~ o. C1\ '"':r: .-l ~.,..:::- ~~ C'"> .......-0 ~t.l "- ~\S~ t;:i . ..,~ ... ~ '!~ (/.) Reservations from and Exceplions 10 Conveyance and Warranty: This conveyance is subject to the exceptions shown on Exhibit "B" attached hereto and made a part hereof. Granlor. for the consideralion and subjeello the reservations from and exceptions to conveyance and warranty. granls. sells. and conveys 10 Granlee Ihe property. together with all and singular me righlS and appurtenances Ihereto in any wise belonging. 10 have and hold it 10 Grantcc. Granlee's heirs. execulors. adminislralors. successors. or assigns forever. Granlor binds Granlor and Granlor's heirs. executors. adminislrators. and successors to warranl and forever defend all and singular IRe propeny 10 Granlee and Grantee's heirs. exeeulors. adminislralors. successors. and assigns against every person whomsoever lawfully claiming orto claim me same or any pan tRereof. excepl as 10 Ihe reservalions from and exceptions 10 conveyance and warranly. , When Ihe COnleXI requires. singular nouns and pronouns include Ihe plural. EXHIBIT l! D D B .B \ . I -"' Executed this~1-5 day of September, 1989. /58-62-2520 ,} "\ i() /r Selected Lands, Ltd. #9 by Selected Lands Corporation, the General Partner By {),~~? r. J1tnJ Donald C. DalboscQ, President (Ackn.".e.enl) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , J9 by NOlary Public, Slale of Texas NOlary's name (prinlcd): Notary's commission expires: (Corporale Ackno"ledgment, STATE OF TEXAS COUNTY OF ~/ day of September ,1989 This instrument was acknowledged before me on the by Donald C. Dalbosco, President of Selected Lands Corporation a Texas corporation. on behalf of said co t'~!,~~N-.~),,";.:.r~f,,"':":""."';N~ . ~ .I'~tS". .'~'" It l !It:.:~:, ~I.:l ~ ; l! ~-;. "'\ H1J'J~:' fl. "\1,.. ;,' ;..-,j ~.;r :: . . ~ ,'. 'i.::~ \'/ I;.' ';"",,' I '. :t ~ \:~; _ ::::: My CQ:~,;;::: ~.~., r. :i'" ~s ~Nolary Public. latC of Texas ';~'.;;;':f.~~:#:..""''i./~:~~~,:'''''~."";,~:"",,,,''3Nolal}''S name (printed): NOlary's commission expires: AFTER RECORDING RETURN TO: Ms. Ellen M. Carpenter vice President Operations I. HELLER CONSTRUCTION 205 Mill Road Edison, New Jersey 08817 PREPARED [101 THE l.A W OFF[CE OF: :'c," I \ ~ : . : ~ ) . ... . - -.. 158-62-2521 HETES AND BOUNDS DESCRIP'rION Beirlg a 21.894 acre (953.714 sq.ft..) tract comprising the residue of that certain Selected Lands. LTD. No.9 56.84 acre tract (Harris County Clerk's File No. D 753126) and being part of Lot 11. F. A. Staas hen Subdivision (Volume 1, Page 22, Harris County Map Records), Enoch Br.inson Survey. A-5, Harl'is County. Texas. The 21. 894 acre tract as surveyed by H. Carlos Smith, Engineers & Surveyors. Inc.. on Auguat 5 thl'U 11, 1989, i5 mOl'e particularly described by meteS and bounds as follows: Beginning at a Railroad tie bolt with punch mal'k found on the North right-of-way line of State HiShw~y No. 225 marking the Northwest corne~ of that certain 19.4558 acre tract conveyed to Issac Heller by Select..,cl Lands LTD. No.9 (Harris Courlty Cl.el'k's File No. H 106003). Thence. North 20 degree5 22 nllnl.ltee 04 seconds West; coincident with the North right-of-way line of State Highway No. 225 and the West boundary line of ~~id 56.84 acre tract; a distance of 269.66 feet (Call 269.54 feet) to a 5/8 inch iron rod set 1'01' oorner and from which a 5/8 irlch iron rod found fe,r a point of curve bears North 20 degrees 22 minutes 04 seconds West- 17.94 feet. Thence, North 88 d~greeg 14 ln1nut~s 08 seconds East; coincident with the South boundal'Y line of that certain 8.672 acre tract conveyed to Windsor Propel'ties J Inc., by Select",d Lands, LTD. No.9 (Hal'ris C:ounty Clerk'B File No.8 068784); a distance of 800.72 feet to a 5/8 inch iron rod found for corner. Thence. North 88 degreeB 13 mirllltes 02 seconds East; coincident with the SOI.\th boundl!lry line of that certain 4.836 acre tract conveyed to Hi~,way Pipeline Trucking Company by Selected Lands. LTD No. 9 (Harris County Clerk's File No. M 063169); a distance of 200.00 feet to a 5/8 inch iron rod found for corner. Thence. North 1 de.gree 45 minutes 17 seconds West; coincident with the East bound3TY line of said 4.836 acre tract; a dis"t.ance or 349.90 feet "1:.0 Cl 5/8 inch iron rod :fOU(lr1 for corner. Thence. North 88 degrees 14 minl.lte13 08 seconds East.; coincident with the South boundary line of said 4.836 acre trac't.; passing at 190.43 feet a 5/8 in~h iron rod set on the West right- of-way line of that certtlin Coastal Industrial Water Authori'ty pel'manent waterl ine easement (Harris County Clerk' 13 File No.' s K 460191 and K 460192); passing at 314.70 feet a 5/8 inch iron' rod set on the East right-of-way line of said C.I.W.A. easement; for a total distance of 1074.75 feet to a 5/8 inch iron rod set. for corner. EXH!BIT "A" Page 1 of 2 --. /58-62-2522 Thence, South 56 degrees 03 mirlutes 55 seconds East (Call South 56 degrees 04 minutes 45 seoond~ East); coincident with the South boundary line of ~aid 4.836 acre tract; a distance of 120.10 feet (Call 120.00 feet) to a 5/8 inoh iron rod found for corner and from which a 5/8 inch iron rod found for the Northeast cornel' of said 56.84 acre tract bears North 1 degree 44 minutes 45 seconds West-170.00 feet. - Thence,' South 1 degree 44 minutes 45 seconds East (Call South 1 degree 43 minutes 52 seoonds East) coincident with the East boundary line of said 56.84 acre tract and the West right-of- way ) ine of that certain HOllston Lighting and Power 120 foot fee strip (Volume 41:78 I Page 492, Harris County Deed Records); a distance of 537.87 ~eet to a 5/8 inch iron rod found for corner. Thenc~, South 88 degrees 18 minutes 08 seconds West (REFERENCE BEARING); coincident with the North boundary line of said 19.4558 acre ~ract; passing at 930.41 feet a 1/4 inoh spike found 0.06 feet South; passing at 930.51 feet a 5/8 inch carriage bolt found on the East right-of-way line of said C.I.W.A. easement: passing at 1013.34 feet a railroad tie bolt; passing at 1039.64 feet; a 5/8 inch carriage bolt; passins at 1046.31 feet the West. right-of -way line of said C. I. W. A. easement and from which a 1/4 inch spike was found disturbed 0.04 feet South; fOl' El total distance of 2086.84 feet (Call 2066.49 feet) to the POINT OF BEGINNING. UAQt- KEVIN A. OLSON TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524 DATE: AUGUST 11, 1989 JOB NO: 2353-89 EXHIBIT "A" Page 2 of 2 ... /58-62-2523 a. An unobstructed aerial easement 20' wide from a plane 25' above the ground upward, along the East property line, granted to Houston Lighting and Power company by instruments recorded in Volume 8046, Page 431 and Volume 8046. ~age 436 of the Harris county Deed Records. b. A 24" pipe 1 ine on the ground, which is supposed to be centered on a 30' easement belonging to Houston Pi~eline Company. as shown on a survey dated September 1, 1972. made by George J. Lamb. Jr.. and referenced in Deed dated November 10, 1972. filed December 5, 1972 under Clerk's File No. D753126, to Selected Lands. Ltd. No.9. c. A permanent easement for waterline purposes awarded to Coastal Industrial Water Authority under Cause No. 268272 in the County Civil court at Law No. 1 of Harris county, Texas, a copy of the Final Judgment having been filed March 7, 1986 under County Clerk's File No. K460192. d. The North 30' of a 60' reciprocal non-exclusive easement for ingress and egress along the south property line of the subject property, as established and set forth in that Reciprocal Easement Agreement dated August 18. 1981, by and between Selected Lands, Ltd. #9 and Isaac Heller, filed september 9, 1981 under Clerk's File No. H134378, and subject to the terms, conditions and provisions contained therein, as modified by instrument filed under Clerk's File No. J77210l. e. An easement over the north 30' of the above described 60' wide Reciprocal Easement, for electric distribution facilities, granted to Houston Lighting & Power company by instrument dated November 1, 1984, filed February 6, 1985 under Clerk's File No. J886733. f. Subject property lies within the boundaries of the LaPorte Area Water Authority, as evidenced by that certain Ordinance No. 1295, by the city of LaPorte, a copy of which is filed under Harris county Clerk's File No. L826773. (Newly formed) g. An easement to Highway Pipeline Trucking company, a corporation and being 10 feet wide and lying east of, and adjacent to the west line of the easement of coastal Industrial Water Authority and dated August 10, 1989, filed for record under instrument No. M280279 and Microfilm No. 154-72-1624. EXHIBIT "B" :''='=::''&-=::::'S'H( Sotll.lblrAl. 0It US( flIlHfDESCll8fD THE ST"'-TE OrTEXAS1S"'~IO""''''l''''''\:lI.lllINI>lllIlIll.''~ COUNTY Of' HARRIS ~~e:~nc,~:r.:::J~f onskumenl .... FILED In Fde Humber dHulr R!~OED. ill ,lie Otll~!:,~~~:~JW=~Seref"nRb!.mPre;.nd"a~ ams ...unty, Teus on u" e.. operty Of SEP 271989 C1....:A Af~ COUNTY CLERK. HARRIS COUNTY, TEXAS C}b/Igg't~- 6L--z..l GO' ~' 5360353 /, ~V '\o"~I'-'~~ . n-D1V'~':-:.!..... M'P\1I~'i\11\l\1 "OU;)IUn . ;jl ~11 (p 512:'20:"0619 GENERAL WARRANTY DEED WITH VENDOR'S LIEN . 031la/97 100446380 5360353 $30.25 THE STATE OF TEXAS COUNTY OF BARlUS fi fi fi KNOW ALL MEN BY 11IESE PUSENTS: That. JOHN WESLEY COPELAND, JR., ELSIE M. pmLPOT, ~E EVELYN I . BIAZA, GARLAND TAYLOR HARTFIELD AND JOHNNIE LOl1lSE CLARK, hereinafter referred to as r'Orantor"), for the 51lIIl ~fTEN AND NO/IOO DOLLARS ($10.00) I ~1 and other good and valuable coll8ideration in hand paid by J. R.ONALD TUCKER, whose I)) address is c/o Tucker and Mntcr. 4900 Woodway, Suite 900. Houston, Texas 77056-1089. bereinafter rcferred to as "Grantee". and in further consideration of the cxecution and delivery by Gtantec of its one (1) cettain Promissory Note of even date hCfcwith in the original principal sum of $125,000.00 beari~g interest ~t the rate therein stipulated. payable to the order of American Bank. as therein provided, the payment of which Promissory Note is secured by the Vendor's I Lieu and Superior Title beremafter reserved and mained by Orantor and is additionally secured by Deed of Trust of even date herewith from thc Gnmtccs herein to Chartes S. Keever, Trustee. C91lveying unto said Trustee the b~einafte:r d~crlbcd real property, bas GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL ~ CONVEY, subject to the matters set forth hercunder. unto the said Grantee all tbat certain real property and all improvements and fixtures thereoIfin Harris County, Texas described as follows: A 1.9217 acre tract, more or tess, out of the Enoch Brinson Survey. Abstract No.5. Harris County, Texas, and being more particularly descn"bed by metes and bounds on Exhibit "A" attacbed hereto. This Conveyance is made and accepted subject to the exceptions to title set out in Exhibit "B" attached hereto and made a part hereof. - . j. I' " I' I I i j I !' ! EXHIBIT I B c I 1 '.. ~ _I TO HAVE AND TO HOLD the above described property and premises toge~1~~O~0620 and singular, the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's, successors and assigns forever, and Grantor does hereby bind Grantor, Grantor's successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular, the said property and premise~ unto the said Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and rcadin& thereof, when this Deed shan become absolute. American Bank, at the instance and request of the grantees herein, having advanced and paid in cash to the Grantor herein that property as is evidenced by the hereinbefore described promissory note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of American Bank and the same are hereby TRANSFERRED AND ASSIGNED to said Bank. EXECUTED this ~ day of February, 1997 GRANTORS: ) off) -1; ~ (BhdL.QJJ,,~r- ELSIE M. PHILPOT 2 ,- ;-. .. ;; I It .'1 " ~ ., ~ ~11 'I. .\ I I. ,~ -,' :j \1 :~ !. . :j " , I " i I 512:'20:'062 r THESTATEOFTEXAS ~ fi COUNTY OF HARRIS ~ This instrument was acknowledged before me on ll!,is ;lLday of ~~~ 1997 on behalf of JOHN WESLEY COPELAND. JR. Print name: My commission expires: THESTATEOFTEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on this..s:2K.. day of cfJ' ~ 1997 on behalfofELSlE M. PHILPOT. Print name: ELEANOR ZEMCIK Hob" PuN... "'II al Tn.. My COlllmrwOR uplreli r- 11.14-97 (: My commission expires: 4 ;: ?; , " 1 '1 ~ ~ j ~ L ~ I i :: ~ ii J.: I ~ ,1 r Ii I " .~ I ~ ~ , ;J -I. -l ~ ,I . ~ 'j ~ II ~ a ~l ~! .~ , , . ,~ . 'I " ,; I < I ] I. ,I .~ b' " ~ \; , Grantee's Address: Tucker nnd Miller 4900 Woodwo.y. Suite 900 Houston. Texas 77056-1089 -- .' '..' :...... 512:'20:0622 ~ GRANTORS: );~~id(J1?" A~ MINNIE EVELYN B~A JOHNNIE LOmSE CLARK 3 l~ :1 'I :, :i j! I !I il \ Ii \: It II 1\ \ \ ;1 it 1\ II il. il \\ \i I' '\ \1 .1 ~~ i~ !& I" ~~ 'I :.1 II ',I! ,. I :i ]1 if II :' 1 i \t I' :1 l :J ~ ,t. :1 .f I ~ I I I ! i 512:"20=0623 THESTATEOFTEXAS ~ fi COUNTY OF HARRIS ti This instrument was acknowledged before (l\e on this ~~y o~ ~ft~ 1997 on behalf of MINNlE EVELYN BIAZA. Print name: ELEAt{(I~ 2EMClK NoI'" "",lit. Si,r. .f Tt... M., CommuttOn hplrel . 11-14.97 My conunissio ' expires: THESTATEOFTEXAS fi ~ COUNTYOFH~S ~ This instrument was acknowledged before me on this _ day of 1997 on behalf of JOHNNIE LOUISE CLARK. Notary Public in and for Hams County, Texas Print name: My commission expires: \1151za 5 " 1 I j I I I I '\ ;l a il i~ il :~ :j :! ~i ,I :~ " 'j :~ ,l , , '1 ;fj .\ \! i~ :1 ! !I ~.~ ,\ I ;:i I " , L i' ,I: 'J i I I " I ,. i !\ J ,; . '!: ; " :j ! , I' t 'I S " r , ~ I I I I I " ; -, \ I Grantee's Address: Tucker and Miller 4900 Woodway, Suite 900 Houston, Texas 77056-1089 . '.oJ.. ~ ,-- ; GRANTORS: , 51 Z:"20:06Z~ ~~~~ A/~ MINNIE EVELYN B ':<\ZA .~-P . ~8'f.~~(J , l IE LOUISE CLARK 3 . (II ... -~ ~ /) -- ;<' ~" \ ~ i ! I I \ Iii ! 1.1 ! t I 1 i I 'I j i I ~ ~ I. i I i I .\ i i 1 i ( . ~:! ' :~ 1 Ii ! I, r I: I I I ! . -,.-.-.... ...- \ ...........-__t.......-...... ....~dsJO;~ 1997 Oil' behalf' ofJO~E LOUISE CLAJU<.. '. ':" ,...;.,.., . 'iJiE s1in:. OF TEXAS . ~ . .. ..' ~ COlJN-rl OF~' '~ . " ;; . ... '. ~.~\:): ", ::: .~} , ~.' ' '<';, 'JM\IE~NEz' "'Il'/~~ .' ..:: .I\IIII.22~ 1997, ;: .: '. -'::':,':' .,.., . , . '. '\n51za~;';'<~.. ~.. .:', .... .' . .. " '~:" I : . . . ' " .. S\-t-'2.0:'062S :,,:,,: ":::,:. ~ ' ~":' :\ '. . ". . No . ..a. "'.. >!.,dO~' ..., ~un~~:~.~.. . ' '..;.... ". > :':,>:> ..':" 'dot~~e;~~'. ~';., . . . " 5 ..... ~" .' .........1. ".: .....-. ~ - ~ ----. - " t;. . ; \ \ I \ \ \ ' \ \ \ i \ \ \ \. ~ '\ '\. " " d i \'. \ \ \ I \' \. , . : \' \ i 'i \ I , , ,. , .,.' :. - \ , I \ \ \ i \ i , \ 1 ~ \ , ~ :\ ; '\ \.r ) .' t 1 \: , ! , \ i i \ ... ....-......... -. \ \ ,/ G~an~ee.S ~ress: 'tUc'ltet' and Miller 4900 'd~'J' suite gOO aouston, ~ 11056-).089 \ I S \ C::2.a:..G6Io .,- .~ -~ ,.'. : :..W.'~ . \ t \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ \ \\ \ l ; . , . \\ \ i'. \ '\ " i. 'l t '\ \ \. ~ \ ~ \ i \ J"- ,I ~ ~ '\ I :\ r . .. " \\ 1 .~ \ ~ \ \ \ \ , . \ .' S/2:"Z.{J;.Q627-- OIVEN UNDER. MY HAND AND SEAL OF OFFICE on this the ~~J997. By ~rl~ ~/()r Ho.rtsfield. ~- I I day of My Commission Expires: (0 .- 13 -q q \1lS1za I!w b!/t.- Notary Public, State of~ liD ~, l> Jt- ~eJtrJ O. ROKL€S Printed Name:: of Notary Public 8 ~ ZII i I I l j J 1 i II :1 I I " I ~"l' I I I, i I '. - BmIB1T "A'I 512:'20:0628 AU tat ~~ traatl ~_p..cel ot :aQs ill_sa ao_J'..I_'l~.J_ Ollt. f4 tbo &.lali JlMDlliJQa IIIIVJl! A-Si -a..allOniOa 01 .1IIlI. .1. .. CUNLAi.b 6.4~ acre ,"c'l l'ftIaUaC ~ ft. 011 MAD DrGhtU 22S (IMJSl'QJl...:r.& Poafl QOAD ad.-I'I ",crS," br .to. a/& 1lowacto .. IoDady '\, ," JIIlOlJUWlrH- f:!'i" lftIIl M .~ .a ... .~'t.._ ls.no or 8llBlAt 825 I.. _ :It.an I~ w1do~ Ii b. ldeneOUoD VItia '11. Ian 1* ~ II ~Gl'O ..lIob IIltiom1led ill W1T CLAD QII1ID ~ If. IV.ual"f 'to J. .I. COPA>>ID, ., ...... .....<< -6-1)-41 PI1 nOCtI'll_ Ill' iL_ 19" a~ Pap 2.\6 of tIIIa ....a4 ".COl'4Ia olllU'ri. a__,. \ f....; UIlIIOZ Ilorta1 (#tJ9' 1r.n 1d.t!1 W Do~~ ~-~ 11>> ot IUd MUll m_AT zas a1O~ ~ Io"'Ja'laM ot & tnlltl ..,.. ori"ell1ll ii~tl-Gt-1fIl7 IIW.dlnll OJIIII V. COI'AUD. a., .C'al' to t;ba ft,\1'I or 'lJWa dat.. 5';5- HClQrdlld iii Tol_ ~12 . all r41:8 198 or'. lleolnlooord. ot V:::i'nJdUJ.596.56 n. ti 1'" :IZl,.necuon tlillb. till ~ .I. If. 007Aa!fD '6.4~ _ore., lib.... . 4-lacJp GoneR,.. nail ...., ....tel" 1.1'a'\lllll t..~;. ' , flUMel SoQt;.b 870."'0- Ba. vitb ,....1Ia1'tJa Un ot .UIl .I. II. collit.AJlb ~.It~ .ona aad a,llGll lall.' Grit .. 6j;24f lien tn. 110. . ot' 10"1'17 _4 "" II. I. O~"., a1'6Q.'!.s, ft. to .:s.uti let; 12l OOllOa'Q. &CIl' r~~ 00l'lUll" or Mid oJ. W. aof8LIIID i.4iOIt lorQO, ~ OlJlll8l' at \hi. U.oc ,d rortbnell eDl'Dlr ot & 22.N &Ch weot ~ 01' tDIwlrly_.""..d ., tI. ~ IlUPIIt .'oorel.. lute lID llead,,!,-~decl u fo1,... ~a ." rap 575 ot ~ De.<< BellOl'4. ot ~ Clnlldl1'. ~I TUia'CS South 20030'UI W..t w1tb tile dlY1lliM 1.... "'toweD.1. If. COlAA1ln-6.42or. Icrel uel W. Byallft DUm 2~.61 aare. 21'.76 It. to t;.be J'UCI OJ' ISGDftlDQ, o".~, 1.9217 11:1'1. ot ~ ~---, " ~~\ Ii .j) - SCHEDULE "B" 512:'20=0629 1. Oil, gas and minel'llllease dated April I, 1991 retarded under Clerk's File No. N- 146746 of the Real Property Rccords of Harris County, Texas it'~ favor of Arcta Exploration Company, 2. Building setback lines as reflected by instruments recorded in Volume 3590, Page 508; and Volume 3701, Page 422 of the Deed Records in Volume 5, Page 54-70 of the Building Line Records of Harris County, Texas. RETURN TO: ELEANOR ZEMCIK P. O. Box 1504 Houston, TX 7725H50i' l"- i ~ ~ M :>-: ~:a:::I" ..... eel- Cl 0:: ~~ d;' w ~ ~. -' M ,....::; ....0 %(.; u... ~ t8~ :& I"- <! 0"' Z _lh l . 1IIf__...._..uu.-.........._... --"-"r'-----'" 1MI! GrATl! 01 Tl!llAS ~o~"= -...- .. fILS) .. fII _ r~,'f,';:&:,=--=-~:l..~~ -~-'" e MAR 1 3 1997 &"(~~~ QOUNlY o.EPI< _ CClMI'f 'IEXAS RECORDER'S MEMORANDUM: Al Ill. 11m. 01 r.cordBllon, lllla Inalnlm.n\ ...aa lound 10 be InBdequa18 lor Ill. beat pllolOllIIIPhlc reproductlon becauae of lIIeglbIllIY,. carbon or photo copy dlacolorad peper, .IC. AM blOckoula, addRlon. and chal1ge. ....r. presenl atlh. Ums lhelnslnl1rltn _1lIIlCI tJIlll1lCianlad. .. ~v-- .. I I I I . I' I, I, I ! I I I I I I !! , " j I. :1 i ....'....: ; .. :~, " . ~{ :: ~~\ ~:~ ~ t.~" . ~.LJ' . i~,:~: I;', ~'l' ~ ~ I i j) '3 5732649 RE Form 19.1 515~68:1442 WARRANTY OEED 11/171'J7 100609757 5732649 $13.00 THE STATE OF TEXAS s S KNOW ALL MEN BY THESE PRESENTS THAT: S COUNTY OF DALLAS ISAAC HELLER (hereinafter called "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid to Grantor by TWO EIGHTEEN -M- TEXAS, a New Jersey General Partnership (hereinafter called (~ "Grantee"), the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, SELL, CONVEY, ASSIGN and DELIVER to Grantee the real property described in Exhibit A attached hereto and made a part hereof, together with all buildings and other improvements situatecl thereon, all fixtures ancl other property affixed thereto and all right, title and interest of Grantor in and ~o adjacent streets, alleys and rights-of-way, subject to all valid restrictions, easements and other encumbrances, if any, affecting the Property as the same appear of record, but only to the extent that they are still in effect (hereinafter called the "Permitted Encumbrances"). TO RAVE AND TO BOLD the herein described property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, his heirs and assigns, forever, and Grantor does hereby bind himself ancl his heirs, executors and acllllinistrators to warrant and forever defend all and singular the said premises unto Grantee, his heirs and assigns against every person whomsoever lawfullY claiming, or to claim the same, or any part thereof by, through or under Grantor, but not otherwise; subject, however, to the Permitted Encumbrances. FILED FOR RECORD 8:00 AM NOV 171997 ~4~~ County Clerk. Hams County. Texas ......\. . \ l~ (IV - 1 - WARRANTY DEED - CASH EXHIBIT I .:P I I I .1 ''':rl'A',':' ;. ~..::: . 71 . ~:.:." ~~i'. I [g.:;,. I, t~~;'::' til'''''' I~;"j:i v I'. 515:68~1443 ~.. Deed i.. :l.nt:endad to record a tr~~er o~ t:it:.le ~rom. Ii j' I j t:be Grantor to the Grantee a. o:t! Janaazy 1, 1989 whie>.h ..a. .1.Dad_rteDt:.ly Dot memor.1.a1.1.,zed at the t~ o:t! trans:t!er, to be e:t!:t!eClt:i_ :t!or a.ll pw:po.e. as o:t! Januazy :z., 1989. of rN W%TNESS WBERBO~, this deed is executed by Grantor on this I~~ day ^ JOIll.rn he. r , 1997. 1 ~~.r:-~fcc ~ Isaac Heller ~ The address of Grantee is: 205 Mill Road Edison, New Jersey 08837 I I i I i 1 r' STATE or NEW JERSEY: COUNTY OF MIDDLESEX: 'S This Instrument was acknowledged before me on this ^J/'jIll.Yn.b~.r- 12 of}... day of I 1997 by Isaac Heller. ~~ 5D~^ Ccdcl '!)cP m~ \ \ K-a<:l ~EJOt\--) N.~ (5(63/ I .\liUU1JiUI/ )t"~,~!,, ~.:~: ,,\'\ \; f" ~ lIlt.,,' '~I/.Jl. . \\" ..')..... (\0 4 _"'J I,~ I"~..J'~ ;.~.. (:.' ................,.-lS', ~ ~\.'~,: ';. S C:J ....~i .."!...c~,~ ~.....','.;~,;.., d':': L ~- :..('1'~':..:::~.I.. ! .':: 1_' .~.,:.. ~ y~~ ..,.. ,I, , ~6ilNisit.l\s~~Rsr'. ~ if:: j '. NOTARy.~f.),~~~(\V JtR~~....~..l . My Comm#sfon'biS',,~-:1-lI:'~~ ~,.,. ~ ,~. I: ~-r:'",r) SI t\ \ ~,,,,,- 'I, . j~YJ.'"1 ""'t.UI"""" . :;', ..,~ ~~y}';:: - 2 - WARRANTY DEli:D - CASH f! v .' . . 515':68:1444 Being a 10.004 acre (435,790 sq.ft.) tract comprising part of tha~ certain 19.4558 acre eract conveyed by Selected Lands, Ltd. -.9 to r..ac lIalter on D August 18, 1981 (Harris County Clark's File No. H 106003), in Lot 11, F.A. Staashen S~bdiv1.sion, Enoch Brinson Survey, A-5, Harri. County, Texas. The 10.004 acre.tract as surveyed by H. Carlo. S:lIith, Engine.r. & Surveyors, Inc., on Hay 11, 1989, i. =ore particularly described by met.s and bounds description as follows: Comqencing at a railroad eie bolt set for the Northvest corner of the aforementioned 19.4558 acre tract. Thence, North 88 degre.. 18 minute. 08 lecond~ EaKc; coincident: vith the North boundary line of the 19.4558 acre trlct; "a distance of 1,073.50 feet to a railroad tie bolt set (5/84) for the Nort~v..t.co~er'of this 10.004 acre tract and the :POINT OF BEGINNING. '~.::: . 0" ,"..' Thence, North 88 degreea 18 minutea 08 ~econd. Eaac:'coincident vi~h the North boundary line of the 19.4558 acre tract; palling at 82.83 feet the East line of that certain Coastal Industrial Water Authority easement recorded under Harris County Clerk's Film Code Number 041-78-2179; for a total distance of 1,013.34 feet to a 5/8 inch iron rod found for the Northeast corner of this tract. Thence, South 1 degree 43 minutes 52 seconds East: coincident: with tltn Ease boundary line of the 19.4558 acre tract: a diatance of 430.00 feet to a S/8 inch iron rod found for the Southeast corner. Thence, South 88 degrees 18 minutes 08 seconds Vest: coincident vith the South boundary line of the 19.4558 acre tract vhich is alao the South boundary line of Lot 11, of the F.A. Staashen Subdivision; pasaing at 982.04 feet a 5/8 inch iron rod set (5/84) coincident vith ~he Eaat 1ina of said Coastal Industrial Water Authority easement for a total distance of 1,013.59 feet to a S/8 inch iron rod (Set 5/84) for the Southwest corner of thb eract. Thence, North 1 degree 41 minutes 52 seconds Veat a distance of 430.00 feet to the POINT OF BEGINNING. :~("-l-';" EXHIB:tT A RfOOIllIR'IlIlMOIlNlDlJM Al''lWrtllltclf'lIft'cllto\TlClH, l'IflS ~ "'AS FOuHD I'D II[ IHAOtQu.tt -... u.., PHO'IOGIl.""'c 1t[1'flOOuc""" _1ISl! Dr IlLEll/elllTY c..~_ 011 I'HIJTO COPY,llISCOUl1lui IIV'tH. nt .()O J.'~,';/...,;-.,~:.."-. ~ '.', : ~ !'t i \ I \ \ ,,i;:;iJ',;.": ;...\ '4~":\oV'.'t.~1I1 .. , i...:, ~' _ . . .,' ,(,.~",~_._..........JW'" : . ; .~,: 'I~' , '. . . ':' ." . 5\5~68::\A45 e ----' NOV 17 1997 Ift."'Cc,.~~ CO\lNTY Q.ERK lWlRIS COUNTY 'lElCAS , . " '. ... . .~,I, Legend Industrial District Cl No IDA