HomeMy WebLinkAbout08-03-09 Special Called Regular Meeting of the La Porte Development Board of Directors
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MINUTES OF THE SPECIAL CALLED REGULAR MEETING OF THE
LA PORTE DEVELOPMENT CORPORATION
BOARD OF DIRECTORS
August 3, 2009
1. Call to order
President Pat Muston called the La Porte Development Corporation meeting to order at 6:00 p.m.
Members Present: Muston, Warren, Clausen, Woodard and Engelken
Randy Woodard arrived at 6:20 p.m.
Members/Officers Absent: Bill Love and Tommy Moser
Staff Present: City Manager Ron Bottoms, Assistant City Manager John Joerns, Assistant City Attorney
Clark Askins, City Secretary Martha Gillett, Finance Director Michael Dolby, and Economic Development
Coordinator Debbie Westbeld
Others Present: David Janda
2. Administer oath of office to new board members Richard Warren and Randy Woodard.
Assistant City Attorney administered the oaths of office to Richard Warren and Randy Woodard.
3. Consider approval of the July 6, 2009 minutes of the Special Called Regular Meeting of the La Porte
Development Corporation Board of Directors.
A motion was made by Board Member Engelken to approve the July 6, 2009 minutes of the Special
Called Regular Meeting of the La Porte Development Corporation Board of Directors with the following
change: A retail consultant was not hired for $20,000.00, but the City has spoken with the consultant
and they advised the cost would be $20,000.00. The motion was seconded by Board Member Clausen.
The motion carried.
Ayes: Muston, Clausen, Warren and Engelken
Nays: None
Abstain: None
Absent: Moser and Love. Woodard was not present for the vote.
4. Close Special Called Regular Meeting and Open Workshop Meeting
President Pat Muston closed Special Called Regular Meeting and opened Workshop Meeting at 6:05
p.m.
A. Discussion of Fiscal Year 2009 -2010 Budget for the La Porte Development Corporation Board.
The board discussed the Budget for the La Porte Development Corporation Board for Fiscal Year
2009-2010.
5. President Pat Muston closed Workshop Meeting and reconvened Special Called Regular Meeting at
6:15 p.m.
6. Consider approval or other action adopting the Fiscal Year 2009-2010 Budget for the La Porte
Development Corporation Board.
A motion was made by Board Member Clausen to approve the 2009-2010 Budget for the La Porte
Development Corporation Board. The motion was seconded by Board Member Engelken. The motion
carried.
Ayes: Muston, Warren, Woodard, Clausen and Engelken
Nays: None
Abstain: None
Absent: Moser and Love
7. Receive updates from city staff on following Projects - D. Westbeld
Economic Development Coordinator Debbie Westbeld reported on the following projects:
o Town Plaza
o Gateway Project
o Economic Alliance Marketing Campaign
o Update on Retail projects
o Main Street activities
Ms. Westbeld provided the board with the following updates:
Town Plaza - the seat benches are in place, and most of the ground work and utilities have been laid.
The project is on schedule and moving forward. A suggestion that once school started, that the art
teachers encourage students to give their ideas as to artwork to be used at the Plaza, which should be
completed by the first week in December. Mr. Bottoms reported that roof damage on the Alamo building
will cause a delay in the building being turned over to the city by two to three months.
Gateway - they have met with the architecture on the drawings, the project is moving forward.
It was suggested that medium priced Gulf Coast style seafood restaurant would do well in this area.
Economic Alliance Marketing Campaign - the contract is completed for the Main Street brochures. They
turned out very nice and are being used for marketing purposes.
Retail Projects - facilitated a meeting with property owners of the hotel site and the retail developers
(Beltway and Fairmont) they shared ideas of a possible shopping center in the future close to the hotel
site.
Board Member Engelken asked about the area abutting Pecan Crossing. The owners are preparing the
area
for future developments.
Main Street activities - Held a breakfast with the property owners along Main Street, City and Economic
Alliance which was a great success. The next breakfast date was set for the 19th of August.
There were questions on when the pier would be available. Staff will find out and report back to the City
Manager.
8. Executive Session - pursuant to provision of the Open Meetings Law. Chapter 551 Texas Government
Code, Sections 551-071 through 551.076, 551.087 (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. (Section 551-072 (Deliberation regarding purchase, exchange,
Meet with City Manager
lease or value of Real property)
and City Attorney to
discuss possible purchase
of real property
9. Consideration and possible action on item considered in executive session.
Received report from City Manager on purchase of property, for economic development purposes.
10. Board Member Comments
A. Matter appearing on agenda
B. Inquiry of staff requiring a statement of specific factual information or a recitation of existing policy.
The next meeting is scheduled September 8, 2009 at 6:00 p.m.
11.
Adjournment
There being no further business to discuss, the La Porte Development Corporation Board adjourned the
Special Called Regular Meeting at 6:50 p.m.
pas,d and
Mi
Pat Must
Respectfully submitted,
LLh {UfI,i tJLtUt~u..{r((}U II'
M~ha ~illett,
City Secretary TRMC, CMC
pproved on thi~ of M 2009.
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The Bylaws of the City. of La Porte Development Corporation require the appointment of a
president and vice-president. Specifically, the byiaws read:
Number, Qualifications and Tenure of Directors
3.02. The Board of Directors shall consist of seven members appointed by the City Council of
the City of La Porte, Texas, for staggered two year terms of office. Not less than three (3)
directors shall be persons who are not employees, officers or members of the governing body of
the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas.
The Board of Directors shall appoint a President and Vice-President by October 1 of each year.
The President shall be the presiding officer for meetings and the Vice-President shall act in the
President's absence.
Duties of President
3.10. The president shail be the chief executive officer of the Corporation. The president shall
supervise and control all of the business and affairs of the Corporation. When the execution of
any contract Of instrument shall have been authorized by the Board of Directors, the president
shall execute same except where such power is expressly delegated to another officer of the
Corporation. The president shall perform other duties prescribed by the Board of Directors and
a[l duties incident to the office of president.
Election Results:
President f t1J.J ~ 11 JJ-LJrv
Vice-president f( eAaAcL WttJtl1A.--
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TEXAS ASSOCIATION OF REALTORS"
UNIMPROVED PROPERTY COMMERCIAL CONTRACT
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REAL TORselS NOT AUTHORIZED.
Of..... Auoclallon Dr REALTOR5e,lnc.1999
1. PARTIES: C 11 6
COtCl'dE A 1-1011/
o EN@
(Seller) agrees to sell and convey to
(Buyer) and Buyer agrees to buy from Seller the Property described below.
2. PROPERTY:
A. The P/9P'e[ly~01d by this contract is called the "Property." The Property is that real property situated in LI! I'tl/l71i'
1111 fl./SI S County, Texas at
. (address) that is legally described as follows: (Identify exhibit if described by attachment.)
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B. The Property is sold together with:
(1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's righI, title, and interest in any
mine[Cl/s, utilities, adjacent streets, alleys, strips, gores, and rights-of-way;
(2) Seller's interest in all leases, rents, and security deposits lor all or part of the Property; and
(3) Seller's interest in all licenses and permits related to the Property.
(Describe any exceptions, reservations, or restrictions in Paragraph 11 or an ,!ddendum.)
3. SALES PRICE:
A. At or before closing, Buyer will pay the following sales price for the Property:
(1) Cash portion payable by Buyer at closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
(2) Sum of alllinancing described in Paragraph 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
(3) Sales price (sum of 3A(1) and 3A(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
B. Adiustment to Sales Price: (Check (1) or (2) only.)
~) The sales price will not be adjus~ed based on a survey.
o (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B.
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(a) The sales price is calculated on the basis of $
o (i) square foot of 0 total area. 0 net area.
o (ii) acre of a total area 0 net area.
per:
(b) "Total area" means all land area within the perimeter boundaries ot the Property. "Net area" means total area Jess any
area ot the Property within:
o (i) public roaclways;
a (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and
o (iii)
( '.
7.
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Initialed lor Identification by Buyer ~~ and eUerCk!:.-,.1:l...1t. .
TAR, P.O. Box 2246, Austin, TX 78768-
Page
(TAR-1802) 11-5-99
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Commercial Unimproved Contract Concerning
(c) If the sales P!ig~_ is adjusted by more than 10% of the stated sales price, either party may terminate this contract by
providing writien-notice to the other party within _ days aller the terminating party receives the survey. If neither
party terminates this contract or if the variance is 10% or less, the adjustment to the sales price will be made to the
cash portion of the sales price payable by Buyer.
4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 38 as follows: (Check all that apply.)
a A. Third Party Financino: A third party note(s) in the total amount of $
. This contract
a (1) is not contingent upon Buyer obtaining third party financing.
a (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Financing Addendum.
a B. Assumotion: In accordance with the attached Financing Addendum, Buyer will assume the unpaid principal balance of the first
lien promissory note, which balance at closing will be $
a c. Seller Financino: The delivery of a promissory note and deed of trust from Buyer to Seller l!nder the terms of the attached
Financing Addendum in the amount of $
/ 00
. 00 - as earnest money
(escrow agent) at
(escrow agent's address).
If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before
Buyer deposits the earnest money. Buyer may instruct the escrow agent to deposit, the earnest money in an interest-bearing
account at a federally insured financial institution and to credit any interest to Buyer.
5.
6. TITLE POLICY AND SURVEY:
A. Title Policy:
(1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Tille Insurance (the tille policy) issued by
AHPJU (AN 17TUc...ofl1PIIAlY (the tille company) in the amount of the sales price, dated at or after
closing, insuring Buyer against loss under the title policy, subject only to: .
(a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and
(b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides
otherwise.
'-
(2) The standard printed exception as to area boundaries: (Check (a) or (b) only.)
a (a) will not be deleted from the title policy.
a (b) will be deleted from the tille policy at the expense of a Buyer 0 Seller.
(3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 6C.
(4) Within _ days after the effective date, Seller will fumish Buyer a commitment for tille insurance (the commitment)
including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver
the commitment and related documents to Buyer at Buyer's address.
B. Survey:
(1) Within _ days after the effective date: (Check all that apply.)
D (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller.
a (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date.
D (c) Seller will deliver a true and correct copy of Seller's existing survey of the Property dated
Seller, at Seller's expense: -
a (i) will have the existing survey recertified on a date not earlier than
o (ii) will not have the existing survey recertified.
ITAR.1R02\ 11-5-99
'''''aled lo"denlmcallon by Buyer {J~ and SeI., eJL JJ.Jf
TAR, P.O. Box 2246j;;i/:rx 78768.2246
Page 2 (
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Commercial Unimproved Contract Concerning
(2) The survey required under Paragraph 6B(1) must be made by.a Registered Professional Land Surveyor acceptable to the
title company. The survey must:
(a) identify the Property by metes and bounds or platted lot description;
(b) show that the survey was made and staked on the ground with comers permanently marked;
(c) set forth the dimensions and total area of the Property;
(d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways. fences.
easements, and rights-cf-way on the Property with all easements and rights-of-way referenced to their recording
information;
(e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying
within the 100-year flood plain as shown on the current Federal Emergency Management Agency map; and
(f) contain the surveyor's certificate that the survey is true and correct.
C. Buyer's Obiections to the Commitment and Survey:
(1) Within 5' 0 days after Buyer receives ali of the items required in Paragraphs 6A and 68 (the commitment, copies of the
documents evidencing the title exceptions, and survey), Buyer may object in writing to matters disclosed in the items if:
(a) the matters disclosed constitute a defect or encumbrance to title other than those permitted by this contract or liens
that Seller will satisfy at closing or Buyer will assume at closing; or
(b) the items show that any part of the Property lies in a1 OO-year flood plain.
(2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The
closing date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time
required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which
Seller must cure the objections. If Buyer terminates,the eamest money, less the independent consideration paid for
Buyer's right to terminate under Paragraph 7B(3), will be refunded to Buyer.
(3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that
Buyer will not waive the requirements. in Schedule C of the commitment.
7. PROPERTY CONDITION: (Check A or B only.)
o A. 'Pre5E!nt Condition: (Check (1) or (2) only.)
~ Buyer accepts the Property in its present "as-is" condition.
O;(2) Buyer accepts the Property in its present condition except that Saller, at Seller's expense, will complete the following
before closing:
o
B. Feasibility Period and RiQht to Terminate:
N(,1
(1) Deliverv of Prooerty Information: Within days afler the effective date, Seller will deliver to Buyer the following
items to the extentthat the items are in Seller's possession or are readily available to Seller. Any item not delivered is
deemed not to be in Seller's possession or readily available to Seller. The items Seller will deliver are:
(a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to
the leases;
(b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on
or before closing;
(c) copies of all previous environmental assessments, studies, or analyses made on or relating to the Property;
(d) property tax statements for Ihe Property for the previous 2 calendar years; and
(e)
(2) Insoections. Studies. or Assessments:
(a) Within days after the effective date, Buyer, at Buyer's expense, may complete or cause to be completed
inspections, studies, or assessments of the Property. Inspections, studies, or assessments may include, but are not
limited to:
(i) physical property inspections;
Oil economic feasibility studies;
(iii) environmental assessments; and
(iv) engineering studies.
ITAC_1Dn?\ 11_1;..00
!)A
Initialed for Identification by Buyer . . ~ and Seller.ill.....ri..M-
TAR. P.O. Box 2246, Au tin, TX 78768-2246
Page 3 I
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Commercial Unimproved Contract Concerning
(b) In connection with Buyer's inspections, studies, and assessments, Buyer must:
(i) employ only trained and qualified inspe'ctOrs and assessors;
(ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property;
(iii) abide by any reasonable entry rules or requirements that Seller may require;
(iv) not interlere with existing operations or occupants of the Property; and
(v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer
completes or causes to be completed.
(c) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any
claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or
assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend
Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph.
(3) Riaht to Terminate: Buyer may terminate this contract for any reason within '5' 0 days after the effective date by
providil)g SsJler with written notice of termination. If Buyer terminates, the earnest money will be refunded to Buyer less
$ I u o);t that Seller will retain as independent consideration for Buyer's right to terminate under this paragraph. The
independent consideration is to be credited to the sales price only upon closing of the sale. Buyer has tendered the
independent consideration to Seller upon payment of the full amount specified in Paragraph 5 to the escrow agent. If
Buyer does not terminate within tne lime required, Buyer accepts the Property in its present condition.
(4) Retum of Property'lntormation: If this contract terminates for any reason, Buyer will, not later than 10 days after the
termination date: (a) return to Seller all those items described in Paragraph 7B(1) that Seller delivered to Buyer and all
copies that Buyer made of those items; and (b) deliver copies of all inspection and assessment reports (excluding
economic feasibility studies) related to the Property that Buyer completed or caused to be completed. This Paragraph
7B(4) survives termination.
(5) Contracts Affectina Ooerations: After Buyer's right to terminate under 7B(3) expires, Seller may not enter into, amend, or
terminate any other contract that affects the operations of the Property without Buyer's prior written approval.
8. BROKERS:
A. The brokers to this sale are:
listing Broker License No.
liisting Broker.
o represents Seller.
"Q acts as an intermediary between Seller and Buyer.
Other Broker
Other Broker represents Buyer.
License No.
B. Fees: (Check (1) or (2) only.)
D (1) Seller will pay Listing Broker the fee specified by separate written commission agreement between Listing Broker and
Seller. Listing Broker will pay Other Broker the tee specitied in the Agreement Between Brokers found below the parties'
signatures to this contract.
D (2) At closing, Seller will pay:
listing Broker a total cash fee of:
D _ % of the sales price.
D
Other Broker a total cash fee of:
D _ % of the sales price.
D
The cash fees will be paid in
brokers from the Seller's proceeds at closing.
County, Texas. Seller authorizes escrow agent to pay the
NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the
Property.
C. The parties may not amend this Paragraph 8 without the written consent of the brokers affected by the amendment.
9. CLOSING:
A. The closing of the sale will be on or betore Oa.G#/?t::/Z I q I ?-DD? or within 7 days after
objections to title have been cured. whichever date"is later (the closing date). If either party fails to close by the closing date,
the non-defaulting party may exercise the remedies in Paragraph 15.
fTAR-1802) 11-5-99
InID.1ed lo"dentlllcation by Buyer '0ftl and Sol1er m.. /JlJf
TAR. P.O. Box 2246, Austin, TX 78768-2246
Page 4 of
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Commercial Unimproved Contract Concerning
B. At closing, Seller will deliver, at Seller's expense, a ~neral 0 special warranty deed. T.f.\'ttCleed must include a vendor's
lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no
exceptions other than those permilled under Paragraph 6 or other provisions of this contract. Seller must convey the Property
at closing:
(1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price
unless securing loans Buyer assumes;
(2) without any assumed loans in defaUlt; and
(3) with no persons in possession of any part of the Property as lessees, tenants at sullerance, or trespassers except tenants
under the written leases assigned to Buyer under this contract.
C. At closing, Seller, at Seller's expense, will also deliver:
(1) tax statements showing no delinquent taxes on the Property;
(2) an assignment of all leases to or on the Property; ,
(3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property;
(4) evidence that the person executing this cont@ctis legally capable and authorized to bind Seller; and
(5) any notices, statements, certificates, or other documents required by this contract or law necessary to convey the
Property, all of which must be completed by Seller as necessary.
D. At closing, Buyer will:
(1) pay the sales price in good funds acceptable to the escrow agent;
(2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; and
(3) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to
close the sale.
E. Unless the parties agree olherwise, the closing documents v.rill be as found in the basic forms in the currentedilion of the Slate
Bar of Texas Real Estate Forms Manual without any additional clauses.
10. POSSESSION: Seller will deliver possession of the Property to Buyer on DA-r;z:; OF'- (" ./O'}/ /1/ G
in its present or required repaired condition, ordinary wear and tear excepted. Until closing;\Seller will operate
the'Property in the same manner as on the effeCtive date. Any possession by Buyer before closing or by Seller'after closing that is
not authorized by a separatewrilten lease agreement is a landlord-tenant at sufferance relationship between the'parties.
11. SPECIAL PROVISIONS: (Identify exhibit if special provisions are contained in an attachment.)
'.
ITAR-1802) 11-5-99
InlllaJed lo<ldentW",""", by Buy..- r-1Yt and SeU.. ldL,1I1f
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 50
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Commercial Unimproved Contract Concerning
12. SALES EXPENSES:
A. Seller's Expenses: Seller will pay for the following in cash at or before closing:
(1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees;
(2) release 01 Seller's loan liability, ii applicable;
(3) tax statements or certificates;
(4) preparation 01 the deed;'
(5) one-hall of any escrow lee;
(6) costs to record any documents to cure title objections that Seller must cure; and
(7) other expenses that Seller will pay under other provisions of this contract.
B. Buver's Expenses: Buyer will pay for the following in cash at or before closing:
(1) all loan fees or expenses (for example, application fees, origination fees, discount fees, appraisal fees, assumption fees,
recording fees, tax service fees, mortgagee title policy expenses, credit report fees, document preparation fees, interest
expense that Buyer's lender requires Buyer to pay at closing, and other fees required by Buyer's lender);
(2) preparation of any deed of trust; -
(3) recording lees for the deed and any deed of trust;
(4) premiums for flood insurance as may be required by Buyer's lender;
(5) one-half of any escrow fee;
(6) copy and delivery fees for delivery of the title commitment and related documents; and
(7) other expenses that Buyer will pay under other provisions of this contract.
13. PRORATIONS, ROLLBACK TAXES, RENT, AND DEPOSITS:
A. Prorations: .
(1) Interest on any assumed loan, taxes, rents, and any exPense reimbursements from tenants will be prorated through the
closing date.
(2) If the amount 01 ad valorem taxes tor the year in which the sale closes is not available on the closing date, taxes will be
prorated on the basis of taxes assessed in the previous year. lithe taxes for the year in which the sale closes vary Irom
the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale
closes become available. This Paragraph 13A(2) survives closing.
(3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by
the lel)der for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse
such amounts to Seller by an appropriate adjustment at closing.
B, Honback Taxes:
(a;) If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by
Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the
assessments will be the obligation of 0 Seller 0 Buyer. This Paragraph 13B(1) survives closing.
(2) If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the
assessments will be the obligation of 0 Seller 0 Buyer. This Paragraph 13B(2) survives closing.
C. Rent and Security Deposits: At closing, Seller wiil tender to Buyer all security deposits and the following advance payments
received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by
tenants. Rents prorated to one party but received by the other party wi\: be remitted by the recipient to the party to whom it was
prorated within 5 days after the rent is received. This Paragraph 13C survives closing.
14. CONDEMNATION: If belore closing, condemnation proceedings are commenced against any part of the Property, Buyer may:
A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation
proceedings and the earnest money, less the independent consideration paid for Buyer's right to terminate under Paragraph
7B(3), will be refunded to Buyer; or '
B. appear and delend in the condemnation proceedings and any award will, at Buyer's election, belong to:
(1) Seller and the sales price will be reduced by the same amount; or
(2) Buyer and the sales price will not be reduced.
15. DEFAULT:
A. If Buyer fails to comply with this contract, Buyer is in default and Seller may:
(1) enforce specific performance, or seek other relief as may be provided by law, or both: or
(2) terminate this contract and receive the earnest money as liquidated damages, thereby releasing the parties from this
contract.
ITA~MRn:;l\ 11-5-99
nP'iV1
Initialed lor Identification by Buyer niL and Seller~ l:ll:1:.
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 6 of S
Co'mmercial Unimproved Contract Concerning
B. II, withou!J~l.Jlt, Seller is unable within the lime allowed 10 deliver the commitment, Buyer may: ,,,~";"~'
(1) terminate this contract and receive the earnest money, less the independent consideration paid for Buyer's right to
terminate under Paragraph 7B(3), as the sole remedy; or
(2) extend the time for performance up to 15 days and the closing will be extended as necessary.
C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may:
(1) enforce specific performance, or seek such other relief as may be provided by law, or both; or
(2) terminate this contract and receive the earnest money, less the independent consideration paid for Buyer's right to
terminate under Paragraph 7B(3), as liquidated damages, thereby releasing the parties from this contract.
16. ATIORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal proceeding brought under
or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs of such
proceeding and reasonable attorney's fees. This Paragraph 16 survives closing.
17. ESCROW:
A. At closing, the earnest money must be applied first to any cash down payment, then to Buyer's closing costs, and any excess
will be refunded to Buyer.
B. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred
, on behalf of the parties and a written release of liability of escrow agent from all parties.
C. If one party makes written demand for the earnest money. escrow agent will give notice of the demand by providing to the
other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within
30 days afler the date escrow agent sent the demand to the, other party, escrow agent may disburse the earnest money to the
party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money
and escrow agent may pay the same to the creditors.
D. Escrow agent will deduct the independent consideration paid for Buyer's right to terminate under Paragraph 7B(3) before
;disbursing any earnest money to Buyer ana will pay the independent consideration to Seller.
E. 11 escrow agent complies with this Paragraph 17, each party hereby releases escrow agent from all claims related to the
disbursal-of the earnest money.
F. ,Notices under this Paragraph 17 must be sent by certified mail, return receipt requested. Notices to escrow'agent are effective
,upon receipt by escrow agent.
'.
18.' MA:rERIAL FACTS:
A. To the best of Seller's knowledge and belief: (Check (1) or (2) only.)
o (1) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement.
o (2) Seller is not aware of any of the following, except as described otherwise in this contract:
(a) any material physical defects to the Property;
(b) any pending or threatened litigation, condemnation, or assessment affecting the Property;
(c) any environmental hazards or conditions that affect the Property; ,
(d) whether the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, a
dump site or landfill, or any underground tanks or containers;
(e) whether radon, asbestos insulation or fireproofing, urea-formaldehyde foam insulation, lead-based paint, or other
pollutants or contaminants of any nature now exist or have ever existed on the Property;
(f) whether wetlands, as defined by federal or state law or regulation, are on the Properly; and
(g) whether threatened or endangered species or their habitat are on the Property.
(Describe any exceptions to (a)-(g) in Paragraph 11 or an addendum.)
B. Each written lease Seller is to fumish to Buyer under this contract must be in full force and effect according to its terms without
amendment or modification that is not disclosed to Buyer in writing. Seller must disclose, in writing, to Buyer if any of the
following exist at the time Seller provides the leases to Buyer or subsequently occur before closing:
(1) any modifications, amendments, or default by landlord or tenant under the leases;
(2) any failure by Seller to comply with Seller's obligations under the leases;
(3) any circumstances under the lease that entitle the tenant to terminate the lease or seek any offsets or damages;
(4) any non-occupancy of the leased premises by a tenant;
fTAR-1802) 11-5-99
Initialed '''' IdentWocalion by Buye' ~ and son., LlL d
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 7 c
--
Commercial Unimproved Contract Concerning
(5) any advance sums paid by a tenant under the lease;
(6) any concessions, bonuses, Iree rents, rebates, brokerage commissions, or other matters that allect any lease; and
(7) any amounts payable under the leases that have been assigned or encumbered, except as security lor loan(5) assumed
or taken subject to under this contrac!.
19. NOTICES: All notices between the parties under this contract must be in writir.g and are el/ective when hand-delivered, mailed by
certified mail return receipt requested, or sent by facsimile transmission to:
Seller al
Phone
Fax
20. FEDERAL TAX REQUIREMENT: II Seller is a "foreign person" as defined by applicable law, or if Seller fails to deliver at closing
an affidavit that Seller is not a foreign person, then Buyer will withhold from the sales proceeds at closing any amount sufficient to
comply with applicable tax law and deliver the amount withheld to the Internal Revenue Service (IRS), together with appropriate tax
forms. IRS regulations require liling written reports if cash in excess of specified amounts is received in the transaction.
21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract
that may arise. If the dispute cannot be resolved by negotiation. the parties will submit the dispute to mediation before resorting to
arbitration or litigation and will equally share the costs 01 a mutually acceptable mediator.
22. AGREEMENT OF THE PARTIES:
A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns.
B. This contract is to be construed in accordance with the laws of the State of Texas.
C. 'This contract contains the entire agreement 'of the parties and may not be changed except by written agreement.
D. If 'this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts,
collectively; constitute one agreement.
E: Buyer 0 may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability
. under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract.
'.
F. Addenda which are part of this contract are: (Check all that apply.)
[J (1) Property Description Exhibit identified in Paragraph 2;
o (2) Financing Addendum;
o (3) Commercial Property Condition Statement;
o (4) Notice to Purchaser of Real Property in a Water District;
o (5) Addendum for Coastal Area Property;
o (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and
o (7)
23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day
to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time lor pertormance is extended
until the next day which is not a Saturday, Sunday, or legal holiday.
24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the escrow
agent receipts this contract after all parties execute this contract.
25. ADDmONAL NOTICES:
A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be
furnished with or obtain a title policy.
B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control
facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating
to the tax rate, bonded indebtedness, or standby fees of the district befoJe final execution of this contract.
/TAD ~D""\ 11-1::_00
In;o.~d (0. IdenUrocatlon by Buyer ~ and Se'., eJl.... '" If
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 8 of
-
Commercial Unimproved Contract Concerning
C. If the Property adJoins or shares a -common boundary wilh the tidally influenced submerged lands of the state, 933.135 of the
Texas Natural Resources Code requires a notice regarding coastal area property to be Included as part of this contract.
D. If the Property Is located seaward 01 the Gulf Intracoastal Walerway, 961.025. Texas Natural Resources Code, requires a
nollce regarding the seaward 10caUon 01 the Property to be included as part 01 this contract.
E. lithe Property is located outside the limits 01 a municipalily, the Property may now or later be included in the extra-territorial
jurlsdlcllon (ETJ) of a munlclpallly and may now or later be subject to annexallon by the municipality. Each munlclpallly
maintains a map that depicts its boundaries and ET J. To determine lIthe Property Is located within a municipality's ET J. Buyer
should contact all municipalities locate~ In the general proximity 01 the Property for further Information.
F. Brokers are not qualified to perform property inspections. surveys, engineering studies. environmental assessments, or
Inspections to determine compliance with zoning. governmental regulations, or laws. Buyer should seek experts to perform
such services. Selection of inspectors and repairmen is the responsibility of Buyer and not the brokers.
26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an oller to buy or sell the Properly. Unless
the other party accepts by 5:00 p.m., in Ihe lime zone in which the Property is located, on
the offer will lapse and become null and void.
This is a tegally binding contract. READ IT CAREFULLY. The brokers and agents make no representation or recommendation
as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney
BEFORE signing.
Seller's
Allorney
Buyer
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('seller
AGREEMENT BETWEEN BRQj(ERS
Listing Broker agrees to pay (Other Broker)
a fee of $ or _ % of the sales price when the Listing Broker's lee is received. Escrow agent is
authorized and directed to pay Other Broker from Listing Broker's fee at closing. This Agreement Between Brokers supersedes any
prior offers and agreements for compensation between brokers.
Other Broker
License No.
Listing Broker
LIcense No.
By:
By:
Other Broker's Address
Listing Broker's Address
Phone
Fax
Phone
Fax
ESCROW RECEIPT
Escrow agent acknowledges receipt 01:
o A. the contract on this day
o B. earnest money in the amount of $
in the form of
(effective date);
on this day
Address:
Escrow Agent
By:
Fax
Phone
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Page 9
AMER!C'AN TITLE COMPANY-DP
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10/30/2009 RP3 $20.00
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
~d-7 ,2009
Date:
Grantor:
Chea E. Hok and Noy Heng, Husband and Wife
Mailing Address:
6322 Avenel Drive, Pasadena, TX 77505-5431
Grantee:
City of La Porte Development Corporation
~
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
Lots seven (7) and eight (8), in Block 52 of the replat ~
of Blocks 37 through 60, both inclusive, in the Town of ~
La Porte, according to the map or plat thereof recorded
in Volume 67, Page 196 of the Deed Records of Harris
County, Texas.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
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Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the
plural.
k~
Chea E. Hok
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STATE
RECOR....E~.-
At the time .L/ ".' MEMORA
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w ~ /r!.i'JdM ~~ '/ IS 1T1stnlm
reprO{fuct;j ~..,JJate for tie best ,€fit was ~nd
Copy/ diS(~'~r~!JS€ of iilegib;lit~ c.art:tograPhiC
and changes werePdper, etc. All bI~ckouts or photo
was filed at'ld P~t at l1le ti .f additions
~. me the InstnJment
OF
TEXAS
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~~s instrument was acknowledged before
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ary Public
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AFTER RECORDING RETURN TO: fJ
ASKINS & ASKINS, P.C. ~.
P.O. Box 1218
La Porte, TX 77572-1218
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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THE Sr"TE OF TEXAS
COUNTY Of HARAla
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OCT 3 0 2009
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HeAD Details Sheet
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Page 1 of 1
Wednesday, January 28, 2009
Tax Year: 2008
HARRIS COUNTY APPRAISAL DISTRICT
REAL PROPERTY ACCOUNT INFORMATION
0231850000007
Ownership History
Owner and Property Information
Owner Name &
Mailing Address:
HOK CHEA E &. NOY HENG
6322 AVENEL DR
PASADENA TX 77505-5431
Legal Description: LTS 7 &. 8 BLK 52
LA PORTE
Property Address: 0 STATE HIGHWAY 146
LA PORTE TX 77571
Site Unit Units Size Site Appr O/R Appr O/R Total Unit Adj Unit
Code Tvpe Factor Factor Factor Reason Adj Price Price
SF5 SF 6,250 1.00 1.00 1.00 1.00 2.25 2.25 14,062
Building
Vacant (No Building Data)
State Class Code
C2 n Real, Vacant Commercial
Land Use Code
4300 -- General Commercial Vacant
Land Area
6,250 SF
Building Area
o
Net Rentable Area
Neighborhood
9700.02
o
Capped Account
No
Value Status Information
Value Status
Noticed
Notice Date
4/28/2008
Exemptions and Jurisdictions
Exemption Type Districts Jurisdictions ARB Status
None 020 LA PORTE ISD Certified: 08/22/2008
040 HARRIS COUNTY Certified: 08/22/2008
041 HARRIS CO FLOOD CNTRL Certified: 08/22/2008
042 PORT OF HOUSTON AUTHY Certified: 08/22/2008
043 HARRIS CO HOSP DIST Certified: 08/22/2008
044 HARRIS CO EDUC DEPT Certified: 08/22/2008
047 SAN JACINTO COM COL 0 Certified: 08/22/2008
071 CITY OF LAPORTE Certified: 08/22/2008
Valuations
2007 Value
Land
Market
14,062
o
14,062
Improvement
14,062 Total
5-Year Value History
Appraised
Land
Improvement
Total
Land
Market Value Land
Line
Description
1 4300 n General Commercial Vacant
gj, Print [2] E-mail
Buiiding Class
Total Units
Map Facet
6254C
o
Key Map@
540X
Shared CAD
No
2007 Rate 2008 Rate Online
Tax Bill
1.305000 1.325000
0.392390 0.389230 View
0.031060 0.030860
0.014370 0.017730
0.192160 0.192160
0.005853 0.005840
0.145365 0.163411
0.710000 0.710000
2008 Value
Market
14,062
o
14,062
Appraised
---'
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july 28. 2009
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Mr. john Joern
Assistant City Manager
Mr. Tim Tietjens
Planning Director
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Downtown Plan, Code and Sylvan Beach Implementation Initiative
(,
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Dear Messrs. Joerns and Tietjens:
(,
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We appreciated the opportunity to serve on the Avalanche Consulting Team for the Economic
Development Plan. Knowing that a vital downtown is a center piece of the new economic
development strategy, we are proposing a downtown planning initiative as requested. This
initiative includes harnessing the redevelopment of Sylvan Beach by leveraging the County's park
strategy, as well as activating and connecting the key corridors identified in the initial economic
development plan to link not only historic Main Street but also the retail opportunities down
Fairmont and across the highway to the west.
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We propose in this implementation initiative to not only develop a detailed building and block
plan to pull together the development opportunities for a walkable mixed use downtown; but
also to once again reactivate Sylvan Beach as a regional draw fully integrated into downtown and
not just as an isolated recreation park The key will be to translate a detailed mixed use plan
into a prioritized capital program through the utilization of a new form-based code and an
infrastructure phasing program. The detailed scope and budget below sets forth the tasks to
accomplish this work plan.
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Jon Hockenyos of TXP will remain involved with this new phase of work. His involvement will
facilitate the translation of this implementation initiative back into the ED Plan. This will enable
the most efficient use of the City's fiscal capacity for needed infrastructure improvements to
implement the downtown plan.
You and your colleagues are familiar with me, but you are not with the remainder of our
planning team that will join the effort:
Jay Narayana, Senior Planner-Jay joined Gateway Planning after serving as chief planner for
Southlake, Texas. There, she oversaw the second phase development of Town Square, one of
the most successful new downtowns anchored by retail and a new city hall. With her MBA in
real estate, Jay also understands the critical needs of project investment as phasing and use
evolution are considered to position downtown environments for sustained Investment.
Milosav, Cekic, Senior Urban Designer-a Fulbright Scholar. former Chairman of the
Austin Design Commission, UT Faculty Member and former Town Architect from Nis, Serbia,
Milosav served for more than 20 years as the architect of record for the San Antonio Shoe
(SAS) Company. His retail experience in urban design and architecture as well as his urban park
planning has made him invaluable to the Gateway Planning design process. He is practical yet
creative in integrating entertainment, parks and urban living.
www.gatewayplanning.com
Michael Huston, Urban Designer-delivering functional mixed use became a love for Mike
as he moved from the Louisville, Kentucky Downtown Redevelopment Authority to the design
team for Glassworks. Downtown Louisville's most successful downtown adaptive reuse project.
Michael focuses on linking the building, its program and the public spaces around it to embrace
the cultural and historical precedents of a community.
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D':f',\;rH':h','i' OwensbOfO, I() RJ20evelopment PlcIn Ii 1t-::"if jC:h-'!"t~)\'.<i 10 r-if-,': \V2ter~r::ml Pi'f~
In addition to the scope and budget provided below. we have provided some select examples of
our work pertinent to the Downtown La Porte initiative. We look forward to using this
experience to build on the ED Plan repositioning Downtown La Porte as one of the premier
destinations in the Greater Houston Region.
If we may provide additional information, please let us know. Once you have reviewed the
scope and budget, I am happy to meet to finalize scope details.
Again, we appreciate the opportunity to serve you and the La Porte Community,
Sincerely.
~
Scott Polikov
Attachments
Task
1. Assessment of existing conditions, parking, buildings and land uses;
preparation of basemap and
i-day Kick off meeting w/city and county to program shared
o ortunities with s Ivan beach and other ke lannin elements
3. Transportation traffic and street design assessment of West Main,
Broadwa ,Farimont and San Jacinto (4 corridors)
4. 2-day Design charrette for the 4 corridors as well as integrated Sylvan
Beach mixed use develo ment a roach
5. Draft Master Plan for 4 corridors and ingegrated Sylvan Beach at
Building Scale for 4 Corridors and Sylvan Beach;
Three (3) perspective renderings; and
Master Plan Report including recommendation on conceptual
transportation design recommendations and refinements to the
Economic Develo ment Plan (finalized before code)
6. i-Day workshop with City and County to determine final revisions for
Master Plan, CIP Priorities for implementation, governance needs and
initial structure of new code
7. Final Revised Master Plan (only 1 revision included; additional
revisions riced on houri basis
8. Preparation for and facilitation of Joint worksession-- Council and P&Z
to review master Ian and code im lementation strateg
9. Draft form-based Code to implement plan for 4-corridors and Sylvan
Beach Mixed Use Plan
10. Preparation for and facilitation of Community Meeting to review draft
form-based code
11. Revise form-based Code based on communi input
12. Preparation for and facilitation of Planning Commission Meetings for
Code Adoption and rezoning (2 meetings included; additional meetings
riced on an houri basis)
13. Preparation for and facilitation of City Council Meetings for Code
Adoption and rezoning (2 meetings included; additional meetings priced
on an houri basis)
Sub Tot.
$12,875
$14,375
$10,750
$31,000
$36,875
$6,250
$4,175
$7,500
$22,250
$5,250
$2,550
$7,625
$7,625
$169,100
r
Downtown Placemaking Initiative, Owensboro, Kentucky
In the fall of 2007, the residents of Owensboro identified downtown revitalization
as an important community priority. This prm-ided the impetus for a comprehensive
downtown planning initiative lead by the Gateway Planning Team \\iorking with
partners TXP and Kimley-Horn and Associates, the Gate\vay Planrung Team
"eventually produced a plan that not only will \y'ork, but also stirs the imagination
and creates excitement," (1Iessenger-lncjlurer Edirorial, February 7, 2009) Bringll1g
the \Vaterfrom IlHO dle luslOnc du\y'nw\y'n became the catic?.! fOCllS In addition,
rell1venti.ng dH~ deSign of malor roadway corridors, 11l1king downtO\vn with odler
parts of duwmown, created additional opportunioes One of dlese corridors
emerged as a candidate for a Regional Streetcar Line
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_. t. ENGER-INQUIREJl
Public Process
The Gateway Team's public participation approach built on dle successful "America
Speaks - \'1't the People" community Ulvolvement framework already in place.
Pubhc participation dunng this initiative was u.refully structured to pw\-jde appropriate community input
throughout the process 1Iaximum public inpllf was collected at the outset with detailed meetings with key
stakeholders and the project stcerlng conunitttt The input receivcd during this phase of the initiati\Te was
used to identify issues, community pnonties, opportunities, and key aspects of the plan. The Community
Design \'\'orkshop proY-ided for more open public
feedback on the physical master plan for downtown as it
was being den:lopcd FinaUy, a Comnl\ll11ry Validation
meeting was held to present the hnallllustrauw master
plan and dle package of catalyst projects. Community
support for dlis initiative has ne\-er been stronger \\'ith
public momentum building up for the upcoming phase
of implementation
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Based on extensive stakeholder input, analysis of t.'\:lStU1g conditions, focused
public participation events, and buy-in from elected officials, dle team developed
a market-based master plan and a comprehcnslve package of catalyst projects to
jump start downtown revitalization. The package of catali'st projects was based on
su-engthening existing destinations and planned tmpronments \y,lthin downtown
\y"hile taking ady'antage of the community's roots - the Oluo River.
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Master Plan and Form-Based Code
The final Master Plan will provide an overall urban
design framework widiln which dle conuuunity can
come together and reassess priorities and initiatives as
market conditions evolve. Facilitating rezoning, the 1\Iastel' Plan will be implemented by a form-based code
This will enable Downtown Owensboro to once again be a linked collection of illban neighborhoods, each
with its o\vn development and activity focus. \,\'ith severallal'ge-scale redevelopment opportunities, the
Master Plan provides the comrmmity flexibility in evaluating a variety of redevelopment options.
DoWNTOWN
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Focus on Implementation
\,\'idl a strong focus on a practical but ambitious plan, the Design Team recommended a core set of catalyst
projects that built on dle existing commun.ity assets In addition to providing order-of-magnimde cost
estimates, dle Design Team identiEed fin:tnci2.! strategies to fund these initial projects. Wid1 tremendous
public support and ownership, dle City and County z,ppro\"ed _.., .,," -,-'Pe" 'i ....-' '/ . " ..
~he Master Plan and approxi111~tely ~100 million to fund the i-~~/~,,!jl'~ii.~~j~~/ /~:,.;r
l11frastructure for dle catalyst projects ll1 February 2009. Despite I.~_..ul:-~~~.~..~. :i~.!::J~II't.,:(:..~~~:~ ,-
_1_ 1 .. dId ffi 1 I . .14;<i't.... .JII-""*~ -' -~. ,i/,., ,.,
lile toUgl econonuc tlmes, le eecte 0 Clas saw tllS as an;l"'l!:~~i1,.t~r..~~-_: --~;~~.:.. .t.-
incredible: upportunity to invest in Owensboro's future. \Vith f;...O';"... ".,,~~.-t ::~"4.}~~ '.""':!l't:.. .!!..t
hi b ld d akin tl . t: tl h . . 1.: ","'5~" ....f..~.....,' /I ..,
t s 0 un ert - g, lecommunlty,ior 1e rstwne,lstah.ing ., -~'r/'~"'~''''':I'''-;' '>'~'...."-?':
contro~ of its ~owntown d,estiny. Currcntly, Gateway Planning is"I/~.~?'' . ':;;~\~ .J~~~~t.tf/,""
managmg the unplementauon of the catalyst projects lI1cludmg a'~'ir..' / ";'.f'~" '...o.l,.J., f~'.' ;....!.'..... (. C-/i . V:-,. I
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market plaza to anchor the hotel with the \\'aterfront and the /'${.:i.~ f:r~5~1'..r \i~ ;, J
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DowntO\vn McKinney, Redevelopment and TOD Initiative
The new TO\vn Center Master Plan is l\fcKinney Texas' vision
for the future of its central neighborhoods and histone center.
The Plan is also the roadmap for redevelopment, preservation,
and future growth, including transit oriented development
(fOD) to connect into d1e Rail North Texas System. An
f..'i:tension of the City of McKinney's 2004 Comprehensive
Plan, me plan provides a community-based strategy for
sustaining the vibrancy of d1e heart of ~lcKinney.
Mc.Elnney Town Cent.... Ma..te! PlM!
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Implementation
A fter the City Council adopted the master plan, the Gateway Planning
Team (Gateway Planning. Klluley Horn and TXP) was engaged to
position downtown, including the future TaD, with a critical mass of
neighborhood linkages for investment in new businesses. To this end, the
Gateway Team is assessing market demand; developing a detailed form-
based code and design framework to implement the master plan. In
addition, the team is locating and programming dle first public structured
parking garage as identified IJl the Phase 1 Plan. The parking garage
initiative is part of a comprehensiyc parking plan that will be finalized in
concert with the market analysis and code reforms to ensure an cffcctin:
leveraging of existing assets and new investment in downtown
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Linldng the Master Plan
Phase 1 of the planning process was
inclusive, not simply allowing for, but
actively soliciting public input d1!ough
each pllt of the process. As a result,
the process captured valuable public
in put wIllie still capimlizing on the
professional expertise of GI:Y Officials
and the Gateway Platuung Team hired
to lead dle process. The results of dle
stakeholder process provide key linkages
to neighborhoods atld devvelopments
surrounding dle future TaD adjacent
to me historic downtown.
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City of Duncanville DowntO\vn TOD Plan and Initiative
Duncanvi.1le, Texas, seeks to reinvent its thin Street inw a true
mi...,ed use destination. Main Street anchors historic retail and the
center of city government, bur has lacked sustained growth for
many years.
Located just
south of
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future cOlrunuter rail transit line, Downtown Duncanville
has initiated an economic development strategy to grow
a market for downtown housing, higher quality retail,
additional upscale restaurants and e'~entually substantial
professional office users, The key to sustained success
will be the attraction of young professionals and empty-
nesters to live in Duncanville as a complement to the great
family environment well established in the community.
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Gate\yay Planning Group, TXP and Kimley Horn were retained in order to assist the city in this mission.
The initiative entailed facilitation of a conununiry committee for lllPUt, and the development of a detailed
redevelopment master plan, including the conceptual design of transit-oriented development (faD) around
the likely future location of a commuter rail station at Center and I\Iain Streets, The master plan delLt1eates
areas for enhancement and likely locations for substanual rede\'elopment.
The master phn includes
a redesign of I\Iain Street,
with a better functioning
traffic, improyed on-5treet
parking and a pedestrian-
supportive srreetscape.
The master plan is being
implemented through
a regulating plan and a
form-based zoning district
prescribing urban design
standards, while dlowing
wide latitude of appropriate
downtown uses with the increased tax base projections from the initiative, the city has retained Kimle\' Horn
and Gateway Phnnillg to redesign and l'econstruct train Street to implement the TaD vision.
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City of EI Paso Downtown Plan Phase II (Implementation)
\'(/orking with Olll economist, Texas Perspectives (TXP), the Gateway Planning Team developed the second
phase of the City of El Paso's Downtown Plan. The Phase II Plan focused on refmement and implementation
of the Downtown 2015 Plan. It p.rovides the implementation pad1\\'~Y to assist City Council, the TIRZ (fa.'C
Increment Financing) Board, and city staff in implementing the plan successfully
One of the keys to successful unplementation of the Downtown Plan is the creation of a cohesive management
structure. Such a management structure should be sustainable, adapti\'e and facihtative of public-pri\'ate
partnerships The Gateway Planning Te:lrn recommends a new management framewmk through the creation of
a new Dowo;uwn Management Coordinating Entity tha, would coordinate development projects. publIc
services, and events
In addition, the Phase II plan recommends the use of public art to better
coordinate art-related activities and develop a cohesive streetscape plan with
amenities designed by local artists. The plan also recommends pedestrian and
streetscapc in1provements that focus on linking wayfmding and public art with
transit amenities such as bus shelters, bike racks, and transit signage to support
Sun Metro's Downtown Trolley Circulator.
The Phase II plan recommends discrete action items to work towards realizing the
vision cstablished in the Downtown 2015 Plan, Bascd on the catalyst projects
moving forward, thc Team establishes critical pedestrian linkages required within
downtown to take ~d\'antage of emerging project which include new mh:ed use
and rehabilitation of existing buildings. Investment in streetsCJlpe improycments
will be undertaken in the comext pf tpjs Linkages Plan in conjunction with
projects as tbey come on line.
The most critical aspect of
implementation provides the
city and the TIRZ board criteria
to evaluate different projects
requesting public incentives and
funding of public infrastructure
improvements. To this end, the
plan recommends higher
priority to projects that promote
downtown living, linkages to
transit, and synergies wim
existing projects. Projects that
leverage priv~te funds as well as
that promote the cultural arts will also be given priomy. Based on this criteria and project impact, development
projects will be classified as "Site-Specific Private" projects or "Public" projects. "Site-Specific" projects are
generally smaller in scope, affecting one or two property
owners and public participation would be in the form of
regubtory reform or refunding for public infrastructure
imprO\-ements; while "Public" projects arc larger in scope,
often requiring the city's initiative for successful
implementatlnn These generally include larger streetscape
projects, streets, open space, and plazas.
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In addition to generating "order of magnitude" costs for
critical streetscape linkages, the Phase II Plan also updates
the TIRZ projections, providing the TIRZ Board with the
public scctor's capacity to support downtown
redevelopment.
www.gatewayplanning.com
MEETING HANDOUTS