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Commission amends industrial‑park covenants to allow sales of undeveloped lots
Summary
Montgomery County approved an amendment terminating a development condition and extending a waiver so Industrial Partners, LLC may sell two lots in the Montgomery Industrial Park without first constructing buildings; the commission preserved other deed restrictions.
The Montgomery County Commission voted Dec. 2 to execute an amendment to the Declaration of Development Condition and to extend a waiver of certain obligations affecting parcels in the Montgomery Industrial Park.
The agenda memorandum from County Attorney Connie Walker explains that the prior Agreement imposed a Development Condition requiring Industrial Partners, LLC to improve parcels with completed buildings before conveying them; Industrial Partners requested termination of that condition because it does not expect to construct buildings on the lots in the foreseeable future and needs the right to sell to other industrial developers.
The approved amendment terminates the Development Condition as to the subject lots and extends the Commission’s prior waiver of recapture rights and time requirements to future owners, provided any sale remains subject to the remaining Restrictions. The motion was moved by Commissioner Daniel Harris and seconded by Vice Chairman Carmen Moore‑Zeigler; it carried unanimously.
The packet includes the amendment language, execution blocks for the Commission and for Industrial Partners, LLC, and an exhibit with legal descriptions for Parcels B and C. The commission packet does not include a public hearing on the amendment or a dollar valuation tied to the change in restriction.
