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MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: November 12, 2009
Subject: P. R. No. 15627; Council Meeting of November 17, 2009
Attached is P. R. No. 15627 approving a Waiver of the Conditions of
Sale in the Covenants and Restrictions for the Port Arthur Business Pazk
as to development of facilities (Buildings) for user occupancy to be
completed within 18 months of purchase for the 3.0 acre tract of land
referred to as Block 7 ofthe Business Pazk purchased by Lange Brothers,
Inc.
P.R No. 15627
11/12/2009
RESOLUTION NO.
A RESOLUTION APPROVING A WAIVER OF THE
CONDITIONS OF SALE IN THE COVENANTS AND
RESTRICTIONS FOR THE PORT ARTHUR BUSINESS PARK AS
TO DEVELOPMENT OF FACILITIES (BUILDINGS) FOR USER
OCCUPANCY TO BE COMPLETED WITHIN 18 MONTHS OF
PURCHASE FOR THE 3.0 ACRE TRACT OF LAND REFERRED
TO AS BLOCK 7 OF THE BUSINESS PARK PURCHASED BY
LANGE BROTHERS, INC.
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") has sold approximately 3.0 acres of land in the PAEDC Business Park (the
"Business Park") to Lange Brothers, Inc. which property is out of Block 7 of the Business Pazk
(the "Property"); and
WHEREAS, Lange Brothers, Inc. has previously advised the PAEDC of its intent to
construct a building on the Property, but deferred construction until the roadway adjacent to the
Property was completed by the PAEDC; and
WHEREAS, the roadway adjacent to the Property has been completed; and
WHEREAS, Lange Brothers, Inc. by letter dated July 6, 2009, requested 18 months to
complete construction; and
WHEREAS, the PAEDC Board of Directors at their regular meeting on the 13"' day of
July, 2009 approved the requested waiver of the Conditions of Sale in the Covenants and
Restrictions as to the Business Park to provide Lange Brothers, Inc. until January 1, 2011 to
complete the building on the Property, and the PAEDC deems it in the best interest of the
Business Pazk to provide the waiver as requested.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That, the City Council and City of Port Arthur in concun•ence with the action
of the Board of Directors of the PAEDC, approves the waiver of the Conditions of Sale in the
Covenants and Restrictions for the Port Arthur Business Park as to development of the facilities
(buildings) for user occupancy to be completed within 18 months of purchase and grants to
Lange Brothers, Inc. an extension so that construction of its buildings shall be complete on or
before January 1, 2011.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this _ day of A.D., 2009,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
DELORIS "BOBBIE" PRINCE, MAYOR
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ATTEST:
TERRI HANKS, CITY SECRETARY
APPROVED:
FLOYD BATISTE, PAEDC CEO
TO FORM:
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GUY N. GOODSON, PAEDC ATTORNEY
APPROVED AS TO FORM:
VA ECIA R. TIZE ,ACTIN ITY ATTORNEY
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