HomeMy WebLinkAboutPO 5513: PA ROYAL HOMESinteroffice
MEMORANDUM
To: Mayor, City Council & City Manager/~/. ~
From: Mark T. Sokolow, City Attorney /-~-u'~ ~-~<--'
Subject: P. O. No. 5513 Council Meeting March 29, 2005
Date: March 24, 2005
Attached is P. O. No. 5513 as it pertains to an incentive
agreement with PA Royal Homes Development Corp.
MTS:bp
Attachment
cc: Director of Community Services
Director of Public Works
Director of Utility Operations
P A ROYAL HOMZS DEVELOPMENT CORPORATION
ATTN= Huong N. Tran, President
Atrium Building
2300 Hw~ 365, Suite 320
Nederland, TX 77627
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P. O. NO. 5513
03/24/05 ts
ORDINANCE NO.
AN ORDINANCE AS IT PERTAINS TO THE PA ROYAL
HOMES DEVELOPMENT CORP INCENTIVE A~REEMENT
WHEREAS, the City Council approved an incentive agreement with
PA Royal Homes Development Corp per Ordinance 05-81; and
~HEREAS, PA Royal Homes Development Corp has requested a few
modifications to the existing incentive agreement; and
WHEREAS, the City Council needs to review and approve the
changes thereon.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUr:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager is authorized to execute
the incentive agreement with PA Royal Homes Development Corp in
substantially the same form as delineated in Exhibit ~A".
Section 3. That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this __ day of ,
A.D., 2005, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES:
;
NOES:
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OSCAR ORTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
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W~EREAS, the City of Port Arthur and PA Royal Homes
Development Corp desire to enter into an Incentive Agreement,
effective the 1st day of April, 2005; and,
W~EREAS, PA Royal Homes Development Corp plans to develop
the tract as described in Exhibit "A", so as to provide up to
one hundred and thirty-eight (138) single family residences,
private park, cart paths, trails, water spray park, and a
multifunction community center, as well as six (6) acres of
subdivided commercial lots; and,
WHEREAS, PA Royal Homes Development Corp owns the tract of
land described in Exhibit "A"; and,
WHEREAS, PA Royal Homes Development Corp is planning the
site development thereof for a subdivision to be called Royal
Meadows Estates; and,
WHEREAS, the public improvements to be constructed will
also include roads, water lines, sanitary sewer lines, street
lights and storm sewers; and,
WHEREAS, once these public improvements are constructed to
City specifications and accepted by the City, they will be
deeded or dedicated to the City as public improvements; and
WHEREAS, PA Royal Homes Development Corp is requesting that
the City of Port Arthur provide incentives.
HOW THEREFORE, the City of Port Arthur and PA Royal Homes
Development Corp agree to the following:
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Section 1: The facts and opinions in the preamble are
true and correct.
Section 25 PA Royal Homes Development Corp will develop
the tract, as described in Exhibit "A", with
funds to be provided by PA Royal Homes
Development Corp.
Section 3: PA Royal Homes Development Corp will proceed
to develop the property in substantially the
following timetable:
· Preparation and filing of a plat in
accordance with State Law and City
Ordinances
· Filing of plans certified by engineers
with the City as to proposed roads,
water lines, sewer lines, drainage
facilities and public storm sewers, and
lighting with the City
· Raise the elevations of the lots in
accordance with the City's flood
ordinances
· Build or install roads, water lines,
sewer lines, drainage facilities, storm
sewers, roads, light poles and lighting
in accordance with City specifications
z. pa. royal, homes, incent ire. agreement
· Build the park, trails, cart paths, and
multi-functioned community center
· Provide the City with a copy of the
deed restrictions which provides for:
(i) an architectural control committee,
(ii) assessments to pay for the annual
maintenance of the community center,
park, trails, water spray park, cart
paths, and optional golf fees to the
Babe Zaharias Golf Course, (iii)
enforcement of the deed restrictions
and which provides that the homes shall
be sold to homebuyers without regard to
race, religion or national origin and
will comply with the Fair Housing Laws
as delineated under Chapter 46 of the
Code of Ordinances of the City of Port
Arthur and as delineated by federal and
state laws, and (iv) the construction
and completion of the homes within
acceptable timelines as denoted in this
agreement.
Section 4. PA Royal Homes Development Corp will take
such due care as not to adversely affect by
its construction activities nor by its
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dra±nage plans the adjoin£ng Babe Zaharias
Golf Course.
section 5: PA Royal Homes Development Corp will enter
into construction contracts to construct the
public water lines, public sanitary sewer
lines, street lights, public storm sewers,
and public roads within the subdivision, all
of which will be designed and constructed to
City specifications. PA Royal Homes
Development Corp will take such precautions
and provide such information to the City
that there is no undue loading of cost,
collusion, or fraud as prohibited by Section
212.074 Local Government Code. If PA Homes
Development Corp uses its own resources or a
related construction company, they must show
that the construction costs will be equal or
less than if it was bid out.
Section 6~ Prior to the receipt of funds or incentives
from the City and in accordance with Section
212.073 Local Government Code, PA Royal
Homes Development Corp will execute a
performance bond for the construction of the
public improvements that have not already
been completed and paid for with affidavits
z.pa.royal.homes.incentive.agreement 4
attesting thereto as to ensure completion of
the project. The bond must be executed by a
corporate surety in accordance with Chapter
2253 of the Government Code. The City will
be a beneficiary of said performance bond.
Section 7: If PA Royal Homes Development Corp or its
assignees builds twenty (20) homes
(including the Community Center) by the 1st
day of December, 2008, then the City will
pay PA Royal Homes Development Corp $1,000
per home. The City will also pay $1,000 for
each home constructed thereafter until
December 31, 2011. To receive the
incentives, the homes must be completed to
City Code, and must have passed final
inspections.
Section 8: PA Royal Homes Development Corp will also
receive incentives for the waiver of tap
fees and building permit fees so long as
they are in compliance with this agreement.
Nevertheless the waiver is limited to a
maximum of $450 in water tap fees and a
maximum of $300 in sewer tap fees per home.
PA Royal Homes Development Corp will pay for
the costs to connect all of the utilities.
z.pa.royal.homes.incentive.agreem~t 5
Section 9: The lots shall not be sold to builders or
homeowners until the final plat has been
approved by the City, and the streets, water
lines, sewer lines, and storm sewer lines
have been built to City specifications and
have been dedicated to and accepted by the
City. Street lights will be installed in
accordance with City specifications or the
Port Arthur Royal Homes Development
Corporation will deposit, with the City such
funds as to pay for the costs of
installation by Entergy.
Section 10: Prior to building more than twenty homes, PA
Royal Homes Development Corp shall first
build the multi-function Community Center,
playground, trails, and cart paths as
described in Exhibit "A". The multi-
function community center, playground,
trails, water spray park, and cart paths
will be built by at least December 31, 2008.
Section 11: The total incentives, including the
reimbursement of building permit fees, tap
fees, and the payment of $1,000 per home,
shall not exceed 30% of the total cost of
all the public improvements, as delineated
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in Section 212.071 to 212.074 of the Local
Government Code.
Section 12: This agreement will be construed in
accordance with the laws of Texas, as well
as the Ordinances of the City.
Section 13. The venue of all causes of action will be in
Jefferson County, Texas.
Section 14: Notice to the parties shall be as follows:
TO: CITY OF PORT ARTnu~
ATTN: Stephen Fitzgibbons, City Manager
444 Fourth Street
P.O. Box 1089
Port Arthur, Texas 77641-1089
TO: P A ROYAL HOMES DEVELOPMENT CORPORATION
ATTN: Huong N. Tran, President
Atrium Building
2300 Hwy 365, Suite 320
Nederland, TX 77627
Section 15: The City makes no representations as to the
marketability of said tracts or the
suitability of them as single-family
residences.
Section 16: At the discretion of the City, any dispute as
to this matter can first be referred to
mediation or arbitration before the American
Arbitration Association.
Section 17: If either party does not comply with the
terms hereof, then either party may terminate
z .pa. royal, homes, incentive, agreement
this agreement with thirty (30) days written
notice.
Section 18. This Agreement is subject to the availability
of funds under the City's annual budget
process.
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SXGI~ED ~ AGReeD TO on this the day of ,
2005.
P A ROYAL HO~ES DEVeLOPmENT CORP
By:
Huong N. Tr&n, P~esident
WITNESSED BY:
SIGKED AND AGREED TO on this the day of
, 2005.
CITY OF PORT ARTHUR
BY:
STEPHEN FITZGIBBONS
CITY MANAGER
WITNESSED BY:
z. pa. royal, homes, incentive, agreement
An "Enhanced Golf Living Exper~enc
' An "EnhancedGolf Living Experience" is our vision of what
Royal Meadows is to become.
A brief insight into Royal Meadows Estates: An enhanced golf living experience,
crafting a dynamic community for the pleasure of active adults and families.
Royal Meadows celebrates the most inviting elements of its location and
surroundings.
Conceived in the spirit of Lake
Arthur and Port Arthur, situated
on 9th Avenue and Jimmy
Johnson, Royal Meadows is a
harmonious blend of rural and city
style residential compounds, golf
centered recreational communities
and traditional, neighborhood
oriented experience, providing that
"home town" feeling.
Royal Meadows Estates is located
in Port Arthur, within a short distance to Sabine lake, situated in an environment
of palm trees, ponds, spacious open pastures, with trails and pathways, creating
a multi-faceted community. A
vibrant community within an
enchanting environment - where
nature is but one of a multitude
of benefits. Nature is embraced
by a golf community experience
that features over 70 acres of
wonderfully crafted residential
beauty.
You can experience the
spectacular greenway views of
the Babe Zaharias Champion
18-hole golf facilities situated on over 150 acres - simply by walking onto
your back yard and experience the manicured fairways, verdant roughs and
greenbelt connections to the Royal Meadows Estates. The environment forms
an enormous stage set providing the backdrop and scenery that frame in the
community. Walls of palm trees, bright skies with ever changing light and
shadows, water in luminous ponds that meet the horizons, are all part of what
makes this subdivision so special.
Royal Meadows lifestyles core essence
is derived from the values, energy and
interest of its citizens. Family Living is
paramount, so access is made easy.
Trails and pathways are along the
entire 70 acres with spacious paths for
walking & biking, pond fishing, with a
recreational playground throughout the
subdivision.
Royal Meadows - offers a place full
of activities where recreational and social amenities exceed all expectations.
The breadth of opportunity means there is something for everyone and with the
abundance of options, come the luxury of choices. Featuring, a club house,
concierge service, fitness center,
swimming pool, party room and a
playground area exclusively for the
residential home owners to enjoy.
Royal Meadows built environment
is a delicate balance of architectural
and well-manicured landscape
improvements coupled with
preservation and enhancement
of family living, natural and resort
community environment.
We highly urge you to contact our sales professionals if you are interested in
becoming a member of this exclusive community.
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