HomeMy WebLinkAboutISAAC HELLER, 218-M-TX, 201-M-TXJan-22-2008 11:15am Prom—ASKINS & ASKINS, PC 2B1 471 2047
ASKINS & ASKINS, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P Q Sax 1218
KNOX W ASKINS LA PORTE. TEXAS 77572•t21B
CLARK T ASKINS
TELECOPIER MESSAGE
DATE. January 22, 2009
TO. Ryan Marrone
FIRM: Heller industrial Parks, Inc,
FAX NUMBER: 732 287-5033
FROM: Clark T. Askins
REPLY TO; Askins & Askins, P.C.
Attorneys at Law
702 W. Fairmont Parkway
P. O_ Box 1218
La Porte, Texas 77572-1218
Telephone: (281) 471-1886
Telecopier: (281) 471-2047
NUMBER OF
PAGES: 4 (including this cover page)
T-157 P 0011004 P—B62
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Jan--22-2009 11:15am From—ASKINS & ASKINS, PC 2B1 471 2047 T-157 P 002/004 F-862
January 22, 2009
Ryan A. Marrone, Esq.
General Counsel
Heller L)dustrial park, Inc.
RE: Settlement Agreement with City of La Porte, Texas itt lieu of Annexation
Mr. Marrone:
This letter will serve as written verification of that Compromise settlement agreement
reached between Isaac Heller, Two- Eighteen-M-Tex as, and Two Zero One-M-Texas
(collectively referred to as the "Heller Group"), and the City of La Porte, Texas on
Tuesday, April 15, 2008.
Under the terms of the agreement reached between the above referenced parties, the City
of La Porte agrees to withdrawal its proposed annexation of three tracts of real property
located in the Battleground Industrial District, and owned by the Heller Group.
In exchange, each, individual entity within the Heller Group, will each execute l) an
Industrial District Agreement; 2) a Water Service Agreement; and 3) a Sanitary Sewer
Service Agreement, with respect to that portion of land under their respective ownership
and control. For such purpose it is agreed by the parties that the effective date of the
Industrial District Agreement pertaining to each land owner will be January 1, 2009, and
not before. The effective date of the Water Service Agreement and Sanitary Sewer
Agreement will be contingent upon the completion of all on --site construction by the
Heller Group in order to access the available water and sewer force mains owned by the
City of La Porte.
It is further ore agreed to by the parties that the City of La Porte, Texas will not be
required to provide and extend to the subject properties those municipal services,
including water and sewer service, and related infrastructure, that would have otherwise
been mandated under Texas law, should the properties have been legally annexed.
However, as requested by the Heller Group, the City of La Porte hereby gives its consent
to the Heller Group to connect with, and tap into, existing City of La Porte water and
sanitary sewer mains located adjacent to the subject properties, with the following
understandings and conditions:
a) The City of La Porte, based on information available to it, believes that there
are viable, functioning water and sanitary sewer mairxs located along, or
adjacent to, one or more of the properties owned by the Heller Group, and
:further that with necessary engineering and development by the Heller
Jan-22-2008 11:15am From--ASKINS & ASKINS, PC 281 471 2047 T-157 P 008/004 F--862
Group, that the latter- will be able to successfully tap into said water and
sanitary sewer mains, and that there is sufficiently available and reserved
capacity/performance provided by the existing mains to serve the properties
owned by the Heller Group, for the delivery of potable water to, and
removal of sewage from, the subject properties. The City of La Porte does
not claim, warrant or certify that the available water capacity for potable
water will be sufficient to meet the Heller Group's on site fire suppression
requirements_
b) The Heller Group will not seek subsidy or cost sharing firorn the City of La
Porte, Texas, and will fully fund the entire cost of all planning, engineering,
on -site construction, and development of piping and related equipment,
including but not limited to on -site lift stations and grinder pumps, in order
to connect the subject properties to adjacent water and sanitary sewer mains.
It is specifically agreed, that the only off -site improvements to be made by
the Heller Group involve completing the physical connection to the existing
force mains. The Heller Group shall have no responsibility or obligation to
install any off -site improvements necessary to improve the operation of the
existing force mains for the benefit of the general public.
c) Subject to the foregoing paragraph, the City of La Porte will use its best
efforts and available resources to cooperate with the Heller Group on all
necessary permitting, plan review, studies, and other development
Processes, to the extent consistent with City, County, and State laws, rules
and regulations.
d) The City of La Porte consents to the Heller Group's request to upgrade the
water main connection point from an S inch service line to a 12 inch service
line, and will not unreasonably deny any necessary approval or cooperation
for sarne, subject to the requirements of City, County, and State laws, rules,
and regulations.
e) Any matters concerning the use, performance, capacity, and availability of
water and sewer services shall be governed by the Water Service Agreement
and Sanitary Sewer Service Agreement to be executed by the parries.
The parties agree that upon execution of this agreement, the Heller Group will, at such
time as they have been presented with proposed Industrial District Agreements, Water
Service Agreements, and Sanitary Sewer Service Agreements meeting the conditions as
outlined in this agreement, will executive and return same to the City of La Porte, Texas.
By signing below, each signatory represents and warrants that it has the authority to bind
the party on whose behalf their signature appears.
Jan-22-2009 11:15am From—ASKINS & ASKINS, PC 281 471 2047 T 15T p 004/004 F-862
Marrone, General Counsel —
Heller Industrial parks, Inc,, Manager for Xssac Heller, ]ate
Two-Eighteen-M-Texas, and
Two Zero One-M-Texas
C ark T. Askins, Assistant City Attorney for
City of Laporte, Texas bate