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HomeMy WebLinkAboutNORTH BAYPORT INDUSTRIAL PARK II, LTD. - UEAREQUEST FOR CITY COUNCIL AGENDA ITEM Aopropriation Agenda Date Requested Mav 21 2007 Requested By Department Plannin2 Source of Funds N A Account Number N A Amount Budgeted N A Report Resolution Ordinance L Amount Requested N A Exhibits A Ordinance for Utility Extension Agreement B Utility Extension Agreement C Area Map Budgeted Item YES KNO SUMMARY RECOMMENDATION North Bayport Industrial Park II Ltd has requested City utility services for its new industrial park in the Bayport Industrial District Bayport North Industrial Park II has been reviewed and approved by the City s Planning and Zoning Commission and platted per City guidelines and regulations The company desires to enter into a Utility Extension Agreement UEA with the City for the extension of water and sanitary sewer mains to serve the park located at the southeast comer of Underwood Road and Fairmont Parkway see Exhibit C The proposed UEA mirrors the previous UEA executed for Bayport North Industrial Park southwest comer of Underwood Rd and Fairmont Parkway The agreement includes notification to purchasers of property of the City s policy and requirements to acquire utility service for individual site development re Exhibit B of UEA as well as Additional Requirements relating to each company s Storm Water Plan Land Use Controls and Fairmont Parkway Access Staff recommends approval of the Utility Extension Agreement with North Bayport Industrial Park II Ltd as submitted herein Action Required bv Council Consider approval of an ordinance authorizing the City Manager to execute into a Utility Extension Agreement with North Bayport Industrial Park II Ltd for utility service to Bayport North Industrial Park II Aoproved for City Council A2enda 7 Date EXHIBIT A Ordinance for V E A ORDINANCE NO 2007 qOJ AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH BAYPORT INDUSTRIAL PARK II LTD A TEXAS LIMITED PARTNERSHIP 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 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 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 thisCAltday of f CITY OF LA PORTE y 2007 By Alton E Porter Mayor ATTEST j1Ok IA 11jlMartaGilet City Secretary AP ttI Knox W AskJ ns City Attorney 2 EXHIBIT B Utility Extension Agreement UTILITY EXTENSION AGREEMENT Owner Funded Extension THE STATE OF TEXAS COUNTY OF HARRIS This agreement made this 21st day of May 2007 by and between the City of La Porte herein called City acting herein through its City Manager and North Bayport Industrial Park II Ltd a Texas Limited Partnership hereinafter called Owner WITNESSETH 1 All references to Utility Main s hereunder shall for the purposes of this agreement refer to the extension of public water and sanitary mains and related appurtenances per plans and specifications being prepared by Un Engineering Inc Project No LE10637 dated January 2007 Re CLP Project No 2007 7601 2 Owner is the owner of certain property located in the extra territorial jurisdiction of the City of La Porte Harris County Texas identified as approximately 187 6711 acres out of the W M Jones Survey A482 Harris County Texas Said property is more particularly described on the drawing attached hereto as Exhibit A and incorporated herein by reference Said 187 6711 acres is to be platted as Bayport North Industrial Park II and filed for record in the Harris County Clerk s Office 3 City hereby agrees to the construction and installation of an extension of its utility main s to said property commencing at the nearest existing utility main s of sufficient size and capacity Thence along through public rights of way and or easements to and through said Owner s property Provided however that should City not possess all necessary rights of way and or easements to complete said extension s Owner shall be solely responsible for obtaining said additional rights of way and or easements at no cost to City on City approved forms All permits and approvals required by entities with jurisdiction shall be secured prior to construction 4 Owner agrees to pay all costs related to the construction and installation of said utility main s including necessary appurtenances in conformance with City s standards and specifications for said utility main s all in accordance with plans referenced in Section 1 hereof Owner further agrees to pay all engineering fees for survey design contract documents bidding construction staking construction inspection and preparation and submittal of As Built construction drawings and to indemnify City and hold City harmless for Owner s failure to pay same 5 Subject to the provisions of this agreement City hereby agrees to the construction and installation of said utility main s according to the plans and specifications referenced in Section 1 hereof and contract documents to be prepared by the Owner s engineer and approved by the City The contract documents shall include a provision for a one 1 year warranty from defects in materials and workmanship The documents will also provide a Notice to Contractor that the City will perform daily construction inspection to insure compliance with plans and specifications Owner agrees that City will not be responsible for issuing or approving payments to the Contractor It is agreed and understood that Owner is responsible for paying for any unforeseen costs or cost overruns in the project that result from circumstances beyond the control of the City 6 City shall have the right to approve the Engineer and the Contractor selected by Owner Upon completion and approval of plans specifications and contract documents the City shall authorize the Owner to secure bids from qualified underground utility contractors 2 7 Owner agrees that upon completion and acceptance by City City will assume ownership and maintenance of the utility main s and as such shall have full control over future extensions and connections thereto 8 Owner shall notify all Purchasers of property within Bayport North Industrial Park II that the City makes no representations to said Purchasers as to the availability of utilities to property that they might purchase within Bayport North Industrial Park II Rather said Purchasers shall be notified of the existence of policies of the City and the prior necessity of a Water Service Agreement that must be entered into between said Purchasers and the City prior to the provision of water by the City to said Purchasers Owner agrees that as part of the closing documents on any property within Bayport North Industrial Park II Owner will provide a notice in recordable form that water is available to the property only if the City of La Porte agrees pursuant to said Water Service Agreement to make water available to the property and only if City Council approves such Water Service Agreement with and only if said purchaser enters into a Water Service Agreement with the City of La Porte Said notice to Purchasers shall be substantially in the form attached hereto as Exhibit B 9 Company s development is subject to certain additional requirements as described in Exhibit C 3 EXHIBIT A Sheet 1 0IllIIln0RllUll1QJIlIFlIOIttrrJNS 11Ill j i 1 J 1 I W 20 RO WLA 16 0ll44 k 5 9tD 19 l Z U wan 16t tt I c J I 1 Iitli1 I i1 11111t11 II I ll1111 1 I 11 i 111 l I ll IdII J llljWf 1 IICW DCCADl Dl II RW y n t L j Ii nIII t5In u n nIII I ifiIirr rj j t J l II 9 v 1 I 11 i i I i at t lwn I nTl II1 r lli I H JJ i 1 11 I l I II n i1115 n 1 i i I I I ed IIII i 11 i n I j I fl i 1 l I RCSrlltCTCD RCSCRVE 8 RCSTRICTCD TO INDUSTRIAL USC 49 459 ACIfCS 2 155 605 S T eI I J I I I RCSTRlCTfO ReseRVe A RESTRICTeD TO INDVSTRIAL use 41 1070 ACRCS I BI6756 T t iY f uIlx c5 J 5 C 0 28 c r 3 IX L r t m ij O J n lJ ttl 3 f K7 lNr c c Jt ii Ti iOOiooIiiI RESTRICTED RESERVE F 6 6489 ACRES 725 224 S F fF rJ l L i g s a GfOOrr 7C T AGtlE A 47 1IftaosD llACOIof l 0 unc SQ1IYNll 1l Il c lloloIl5R1lOHJtAoS0UlP1JuoaaAuITYtMtQlMTY 4 l y XOIGt uor CQM1Y 0lI QtWf r 105 ctJl Il lE fUl QIfAllIII n 1 st 1f T OOl N EXHIBIT A Sheet 2 r i RCSTRJC1FD ReSERVe c RCSrIllCTfD 70 INDUSTRIAL use 9 9S4B ACRCS 4JJ6JJ 5r 1 1 I II I 1 I q 1 i 1 1 1 ReSTRICTED RCSfRVr 0 ReSTRICTED TO INOUST1nAL USE 9 2104 ACRES 401 205 Sf oj i I i 1T r i t ReSTRICTeD RCSeRVe RCSTRlCTeD TO INDUSTRIAL USE 52 0886 ACRES 2 268 981 s r isl I 1 l A 58 36 05 R 681 OCf I l 102 66 iICSS2S42SJI 6743 1 f It1t dT e i i is vj niiksMT c 5 m 1lI If u 1lC115 iFf Jl 1 n I I I I r iOc I I I II i 0 u In 1IOltI zoc ll a u jll Il Il 1tl QUINJ1OlllI J 1f I1l t SOUU IIf OKollSfII 0CUIlrcrIIIl n 1U My t XOI lInVPIII5lllfllf ro91H waJl1UllMl0lW1l1I1IJIIflJ9fS OI A 1I f 1 or fllll ACCIZEoUTfIl t l7 if lI JA lI rii O 1 b 100 JOG l Stll 1 A 482 PAlE O Kt OOl OWNER OEVfi OP R PKJRTH BAf1ORf INDU nMlPARK TO Q r QS lmited partnership 8Y OokPOd Nolrndo ue dbo N vadg Owood LlC jls sotlqener I1 PROJECT MANt R SUNflUT CQMlff CI L llVttDfRS IItC SLJHvtYQR PQ AH COWNolV lHe Wg 1 9 J 5 IN WITNESS WHEREOF the Parties to these presents have executed this agreement in several counterparts each of which shall be deemed an original in the year and day first mentioned above ATTEST BY fI nf Seal BY dff City Secretary of La Porte Seal BAYPORT NORTH INDUSTRIAL PARK II Ltd Witness or Secretary of Corporation BY APPROVED AS TO FORM City Attorney 6 EXHIBIT B NOTICE TO PURCHASERS OF REAL PROPERTY The real property described below which is about to be purchased is located in the extra territorial jurisdiction of the City of La Porte No utilities are available to the property unless the City of La Porte enters into a water service agreement with you The purpose of the agreement is to provide water and sewer services to your property pursuant to the policies of the City of La Porte and pursuant to the terms of said water service agreement insert Legal Description of Property Date SIGNATURE OF SELLER S The undersigned purchaser hereby acknowledges receipt of the foregoing notice prior to closing of the purchase of the real property described in such notice DATE SIGNATURE OF PURCHASER S 7 This is Exhibit C consisting of 1 page Referred to in and part of the Utility Extension Agreement between City and Company Dated May 21 2007 City Compan ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties COMPANY shall provide additional improvements as specifically set forth below These agreements represent contractual undertakings of COMPANY undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and or Sanitary Sewer Service Agreement and this addendum Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and or sanitary sewer service from CITY 1 Stonn Water Plan For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY COMPANY shall construct and maintain any storm water system as a condition of continued water and or sewer service 2 Land Use Controls COMPANY will provide land use controls by way of Covenants Conditions and Restrictions as part of the development documentation Primary development setback from Fairmont Parkway is 100 from the south right of way line Northern portion of this development adjacent to Fairmant Parkway is to be business uses similar to Business Industrial and Light Industrial uses allowed by CITY s zoning ordinance with limitations on outside storage Rail services will be limited to the southern portion of this development and not extend into the SI L1 areas 3 Fainnont Parkway Access No tract will have direct access to Fairmant Parkway All tracts within this development will have access to Fairmant Parkway by way of the new internal curb and gutter public streets and the extension of Underwood Road Harris County will be responsible for the maintenance of public streets 8 EXHIBIT C Area Map PARKrRF T DRkAREAMAPrDR ii 8 GLENVALLEYDR 8 MEADOW CREST DR n CREEKVIEW DR SPENCER HWY OLD ORCHARD RD ANTRIM LN d 0 0 0 J 0 500enlZCD005w aJ U w it ANDRICKS RD MONTGOMERY LNo CATLETT LN BELFAST LN DOVER HILL RD oCARLOWLN a tf 0 T RUSTIC GATE I BAYPORT NORTH I INDUSTRIAL PARK II CANIFF RD kCKY HOLLOW RD pARK ji WICHITA DR SIOUX DR 0 o Uo J u MOHAWK DR TEJAS CT Cq 4NrRIMLNJlV l OWitv it l j 1Js7JCSHLt OCir D OClyHol L Cir D OW DPECANCIR N w E S J lc cr I8 lJJ f5 W MAIN S 0 o o 8 w w Et DOGWOOD DR IDLEWOOD DR MULBERRY DR COLLlNGSWOOD DR BIRCH DR MESaUITEDR 0 o PECAN DR 0 o o tt o