HomeMy WebLinkAboutREDDY PARTNERSHIP / LA PORTEDEVELOPER'S AGREEMENT
This DEVELOPER'S AGREEMENT ("Agreement") is entered into between Reddy
Partnership/La Porte, their Successors and Assigns (Developer) and ITY OF LA
PORTE TEXAS, a Texas Municipal Corporation ("City") on the i j day
of J u V 20bt
Recitals
The Developer has proposed development of an approximate 138.41-acre tract in the
City of La Porte, as the Lakes at Fairmont Greens, which is referred to as the Tract and
defined hereinafter in Article I. Developer plans to develop the Tract, presently zoned
PUD, for single family residential use. City approval of this Developer's Agreement
shall constitute land use entitlement, subject to the additional requirements outlined
herein. Developer shall construct municipal utilities, including streets, a water
distribution system, wastewater collection system, and the storm drainage/detention
system that will connect with the existing City of La Porte and other regional systems in
accordance with development regulations and policies of the applicable regulatory
agencies. In addition to municipal utilities, the Developer will construct the following
public amenities that will be owned by the City and maintained by the Public
Improvement District (PID): 1) 8' wide concrete hike and bike trails along the
detention/amenity ponds that will extend from Little Cedar Bayou Park to McCabe Road
2) 8' high masonry sound wall along S.H. 146 3) 6' high ornamental iron fence adjacent
to the golf course as well as along rear lot lines which share a common boundary with
detention/amenity ponds 4) 6' upgrade wood fence with rot board and cap along
Wharton Weems Blvd. and McCabe Road 5) school bus stops (approximately 4) 6)
landscaping 7) entry monumentation 8) reserves/open space (including Taylor Bayou
and detention/amenity ponds) 9) 8' wide pedestrian bridge over Taylor Bayou and 10) a
1-2 acre park north of Wharton Weems Blvd. with play equipment, tables, benches,
BBQ pits, trash cans, etc. (As defined in Exhibits F and G attached hereto.)
The City has required, and Developer has agreed, that the tract will be developed in
general accordance with the Overall Lakes at Fairmont Greens development (in
accordance with the General Plan) approved by the City (as defined below and attached
hereto as Exhibit C). Such General Plan shall be subject to periodic amendment as
each phase of the development is implemented.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Developer agree as follows:
Developer's Agreement (Rev.)doc.doc Page 1 of 9
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical deve pment an use of the Tract as
defined herein and approved by the City on the% day o0tdk/ _, 20W, or as
amended as allowed herein.
SCUP means Special Conditional Use Permit approved by the City.
Developer means Reddy Partnership/La Porte or their assigns or succeeding
developers.
Tract means the approximate 138.41 acres of land to be developed by Developer as
described in Exhibit B attached hereto.
HOA shall mean and refer to Lakes at Fairmont Greens Homeowners Association, Inc.,
a non-profit corporation incorporated under the laws of the State of Texas its
successors and assigns.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A -Special Conditional Use Permit (SCUP)
Exhibit B -Metes and Bounds Description of the Tracts)
Exhibit C — Overall Lakes at Fairmont Greens development (in accordance with the
General Plan as amended)
Exhibit D — (Reserved)
Exhibit E - Declaration of Restrictive Covenants for Lakes at Fairmont Greens
applicable to all construction and uses as filed at the film code #......, H.C.M.R.
Exhibit F - Schematic Landscape Design (Also includes unattached seven sheet plan
set dated 5-30-07 produced by Gerald Brown, ASLA, and received by staff on 11-22-07,
as redlined.
Exhibit G -Amenity Plan (Open Space /Trail System /Sound Wall /Upgrade Fence /
Ornamental Iron Fence /Park) —Plan views and Cross -Sections
Exhibit H —Metes &Bounds Description of that Portion of Taylor Bayou Accepted by the
City to be maintained by the PID.
Exhibit I -Public Improvement District Agreement
Developer's Agreement (Rev.)doc.doc Page 2 of 9
ARTICLE II. GENERAL PLAN AND LAND USE
2A General Plan and Land Use. Developer shall develop the entire Tract in
general accordance with the General Plan, SCUP and this Agreement, and any
amendments thereto, as approved by the City, allowing for periodic updates and
amendments to such Plan as various sections of the Overall Development are
implemented. The overall Lakes at Fairmont Greens development (in accordance with
the General Plan) is attached herewith and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that the
Developer's intent is to develop the Tracts as a residential PUD development consistent
with the City's Land Use Plan subject to certain exceptions listed below. Developer or
Developer's successors shall provide amenities and support facilities as set forth on the
General Plan and SCUP, both of which are attached to this Agreement. City
acknowledges that Developer intends to develop the Tracts in phases, and that all
development shall be in accordance with the Special Conditional Use Permit #SCU 04-
012 (SCUP), the General Plan and this Agreement. Should Developer determine that
the General Plan needs to be amended, Developer shall submit said modifications to
the City for review and approval, which said application shall be processed consistent
with this Agreement, the current General Plan and the Zoning Ordinance of the City of
La Porte, as the same may be amended from time to time. Amendments to the General
Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing.
2.3 Additional Land Use Restrictions. Developer agrees to conform to the City's
Code of Ordinances, Land Use Plan and established policies.
ARTICLE ill. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Developer has recorded Declaration
of Restrictive Covenants for Lakes at Fairmont Greens which are attached to this
Agreement as Exhibit "E°. The covenants and deed restrictions apply to and are binding
upon the entire Tract. Declaration of Restrictive Covenants shall be approved by the
City and shall be recorded concurrently with the recordation of each subsequent plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written
above and continuing until the date in which all portions of the Tract have been platted
and developed (with construction of all streets and utilities on the Tract as reflected by
the plats completed or installed and financed by the Developer).
Developer's Agreement (Rev.)doc.doc Page 3 of 9
Failure of Developer to begin construction in accordance with the approved plat/plans
and Special Conditional Use Permit within one year after issuance of said permit or as
scheduled under the terms of the SCUP shall terminate this Agreement. Developer
may, before the expiration of one year, request an extension of time from the Planning
and Zoning Commission, in the event that construction has not started in accordance
with the SCUP.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Developer shall provide common
open space and pedestrian trails within the Restricted Reserves as shown in Exhibit C.
Details and cross -sections are further illustrated on the Schematic Landscape Design
(Exhibit F).
It is recognized that, until the final design of the detention pond/drainage system within
each section is approved, the exact location and dimensions of these facilities are
schematic. However, when the final design is approved, the City agrees to accept these
areas as public recreation amenities to be maintained by the PID, further explained in
the Public Improvement District Agreement (Exhibit 1).
5.2 Beautification. The Developer shall implement a landscape plan for all phases
of the entire project that will address landscaping provisions in the detention ponds,
areas adjacent to the Bayforest Golf Course, at all subdivision entrances and along S.H.
146. Such public landscape and amenity areas are to be owned by the City and
maintained by the PID.
5.3 Taylor Bayou. The portion of Taylor Bayou described by metes and
bounds in Exhibit H, as well as the subdivision's drainage outfall structures within
drainage reserves, will be owned by the City and maintained by the PID. Enhanced
amenity plan of Taylor Bayou shall be approved by the City.
5.4 Ownership and Maintenance. The City will own all of the public landscape,
drainage, detention, open space and recreation reserves throughout the Development.
The maintenance of the reserves and easements will be the responsibility of the PID
pursuant to provisions of the deed restrictions, enforced by the HOA.
Grass within the dry areas of the detention ponds and Taylor Bayou will be maintained
at 12 inches in height or less. Erosion or other maintenance items within detention
ponds and Taylor Bayou will be corrected immediately as it is discovered by filling,
compacting and seeding.
Grass within parks, open space and landscape reserves will be maintained within 6
inches and grass within drainage reserves will be maintained at 9 inches in height or
less.
Damage to the public fences, sound walls and entry monumentation will be repaired as
damage occurs.
Developer's Agreement (Rev.)doc.doc Page 4 of 9
5.5 Bi-Lateral Agreement. The Home Owner's Association and the Public
Improvement District will enter into a Bi-Lateral Agreement that states that the PID will
assess and collect the funds for the maintenance of the items listed above and the HOA
will hire the contractors and oversee the actual maintenance activities.
ARTICLE VI. SCHEDULE
Boll Project sequencing. The Developer shall establish a specific sequence for the
development and construction of the project. Engineering, platting and construction of
the project are to be by section. The components contained in each section are subject
to approval by the City and are delineated in Exhibit C. The project schedule is
applicable to each section as outlined below:
Complete engineering study, including drainage and preliminary infrastructure
design.
Detailed engineering design for Phase, including water and sanitary sewer service
and initial drainage and detention to accommodate Phase;
• Subdivision preliminary platting, site plan, and detailed engineering plans review by
the City of La Porte and others;
• Submission of Final Plat.
i Installation of on -site and off -site improvements in accordance with Plans.
• Recordation of Final Plat
• Completion of other "Developer Items" such as fences, landscaping, amenities, etc.
Continuation of remainder of development as rapidly as market demands.
The builder(s) selected by the developer is/are hereinafter authorized to make
application for permits to construct housing units within "Lakes at Fairmont Greens
Subdivision Section 1", as per the requirements of this agreement and the builder's
agreement also attached to the ordinances authorizing this agreement.
The developer acknowledges the City recently authorized him to place a temporary
construction/sales trailer and to construct "Developer items" herein described applicable
to Section 1 subject to submittal and issuance of permits. Implementation of said items
are to be constructed in accordance with Section 6.3 below.
6.2 Plat Recordation. The final plat for each section, as approved by City Planning
and Zoning Commission, may be recorded once the City has inspected and accepted
the Water, Sewer, Drainage and Paving for that section.
The recordation of Final Plats for successive phases implemented under this agreement
may also be done after City acceptance of the public infrastructure for said phase,
subject to the Developer providing the City with an acceptable date for completion of
other "Developer Items' applicable to those sections. Final plats on successive phases
will not be approved until "Developer Items" on current sections under construction are
completed.
6.3 The Lakes at Fairmont Greens, Section 1 plat has been recorded with Harris
County and the water, sewer, drainage and paving have been accepted by the City. The
Developer's Agreement (Rev.)doc.doc Page 5 of 9
following list, plans and specifications subject to City approval, will be considered
'Developer Items" applicable to Section 1: 1) 8 feet sound wall along State Highway 146
2) 6 feet upgrade wood fence along Wharton Weems Boulevard 3) 6 feet high
ornamental iron wrought fence along the golf course 4) entry monumentations 5)
landscaping and 6) school bus stop 7) Payment for the signalization of Wharton Weems
Boulevard at State Highway 146 to be shared with the developer of Port Crossing
development. 8) Rear lot line fences adjacent to any pedestrian pathway or similar
amenity are to be of like standard with the fence along the golf course and may be
passed on to the builder subject to the approval by the City. Completion of "Developer
Items" for Section 1 shall continue following approval of this agreement with a
completion date not to exceed December 31, 2008.
Failure to accomplish the "Developer Items" may give cause for the TIRZ board to
withhold further increments. Developer will furnish to the City approved and executed
agreements with subsequent builders assigning any construction or installation
responsibilities along with a schedule of construction prior to the issuance of any
building permits.
ARTICLE VII. UTILITIES, DRAINAGE
7.1 Utilities, Drainage. The Developer shall design and construct adequate water,
wastewater, and drainage facilities to serve each section of this project in accordance
with the City requirements and as further defined by this Agreement. As to water and
sanitary sewer, this would include a water system necessary for both fire suppression
and potable water supply with a loop connection to the main on the east side of S.H.
146 and a wastewater collection system.
The Developer will provide a drainage study for the subject property, which will include
the effect of the development on the surrounding properties as well as other properties
in the watershed. The study and design of drainage improvements shall meet the
requirements and approval of the appropriate governing agencies. Developer's
representative agrees to meet with City, prior to design of public utilities, to discuss
design criteria standards and policies. City shall approve all construction plans and
specifications for public improvements.
ARTICLE VIII. BUILDING LINES
8.1 Building Lines. The Developer shall establish building lines appropriate to the
use, but not less than those prescribed in the City's Code of OrdinanceslSCUP.
Developer agrees that building lines will be either equal to or greater than that required
by ordinance for the zoning use shown and shall be based on site use or as shown on
the General Plan.
Developer's Agreement (Rev.)doc.doc Page 6 of 9
ARTICLE IX. BUILDING PLANS - PRODUCT
9.1 Building Plans. The Developer in conjunction with the subsequent builder will
provide the City appropriate or the best line of house product especially on the lots
overlooking the Golf Course.
ARTICLE X. MISCELLANEOUS
10.1 Sale of Tract; Assignability. Any contract by Developer to sell the entirety or
any portion of the Tract to a person or entity intending to develop the tract or such
portion thereof (a "Successor Developer," whether one or more) and any instrument of
conveyance for the entirety or any portion of the Tract to such Successor Developer
shall recite and incorporate this recorded Contract and exhibits hereto and provide that
this Contract be binding on such Successor Developer,
10.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such force majeure in writing to the party
within a reasonable time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period;
and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Developer under any set of
circumstances prior to commencement of construction on the Tract.
10.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
10.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
10.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States Postal Service and addressed to
the party to be notified. Notice deposited in the mail in the manner hereinabove
Developer's Agreement (Rev.)doc.doc Page 7 of 9
described shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is deposited. Notice
given in any such other method shall be effective when received by the party to be
notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the City, to:
Ron Bottoms
City of La Porte
City Manager
604 W, Fairmont Parkway
La Porte, Texas 77571
If to Developer, to:
Dr. Malladi Reddy, M.D.
65 La Porte, Ltd.
c/o Baycrest, LLC.
2045 Space Park Dr., #180
Houston, Texas 77058
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
10.8 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shall be subject to change or modification only with the mutual written consent of the
parties.
10.7 Benefits of Contract. This Contract is for the benefit of the City and Developer
and shall not be construed to confer any benefit on any other person except as
expressly provided for herein.
10.8 Attorneys Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
10.9 Government Immunity Preserved. The Developer and the City agree that the
City does not, by entering in to this Contract or performing any act hereunder or by
failing to take any action hereunder, waive any governmental immunity that the City, its
officers, employees, or representatives, have under any law.
10.10 One -Party Breach. Any breach of this agreement by one party identified and
referred to herein as Developer shall not be or constitute a breach of this agreement by
the other party of Developer.
10.11 Covenant Running With the Land. The obligations imposed on Developers
herein shall not impose personal liability on them, but shall constitute a covenant
running with the land, and as such shall be binding on the present owners of the Tract
as well as subsequent owners thereof.
Developer's Agreement (Rev.)doc.doc Page 8 of 9
DEVELOPER: CITY A PQRTE, TEXAS
Reddy Partnership/La Porte
t
{ / By
Dr.
Dr. Malladi S. Reddy Ron ottoms, City Manager
Date: 71 Date:
ATTEST:
%all ( itl(`2wh Ablej C 1
Martha Gillett, City Secretary
APPROVED:
6 L"&e n"�—�
Clark T. Askins, Assistant City Attorney
Developers Agreement (Rev.)doc.doc Page 9 of 9