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HomeMy WebLinkAboutPR 24066: PAEDC, TO ENTER INTO A PURCHASE AGREEMENT WITH BISHOP 1, LLC FOR THE SALE OF APPROXIMATELY 8 ACRES OF LAND ON THE CORNER OF W. PORT ARTHUR ROAD AND JADE AVENUE IN THE SPUR 93 BUSINESS PARK , 40-.:7»,, _ _ , __6___--, PORT*ARTFItJR ONOMIC DEVELOPMENT CORPORATION MEMORANDUM Date: December 3, 2024 To: Honorable Mayor and Members of the City Council of Port Arthur Through: Ronald Burton, CPM I Port Arthur City Manager From: Terry Stokes, PAEDC Chief Executive Officer RE: PR 24066 I Regarding the Purchase Agreement between the Port Arthur Economic Development Corporation and Bishop 1, LLC. Introduction: The intent of this Agenda Item is to seek the Port Arthur City Council's consideration and approval of a Purchase Agreement with Bishop 1, LLC. Background: The PAEDC is requesting to sell approximately 8 acres from the Spur 93 Business Park to Bishop 1, LLC for the development of 4 to 6 buildings, totaling approximately 60,000 sq. ft. The buildings are to be marketed to industrial companies looking to work with and in the Port Arthur refineries. The attached prepared Purchase Agreement provides the terms and conditions of the property sale. Budget Impact: $532,302 Revenue Recommendation: It is recommended that the Port Arthur City Council approve the Purchase Agreement with Bishop 1, LLC. P. R. No. 24066 11/26/2024 MDP RESOLUTION NO. A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A PURCHASE AGREEMENT WITH BISHOP 1, LLC FOR THE SALE OF APPROXIMATELY 8 ACRES OF LAND ON THE CORNER OF W. PORT ARTHUR ROAD AND JADE AVENUE IN THE SPUR 93 BUSINESS PARK WHEREAS,the Port Arthur Economic Development Corporation(the"PAEDC") deems it is in the public interest to sell approximately 8 acres of land in the PAEDC Spur 93 Business Park(the"Business Park")to Bishop 1, LLC ("Bishop 1"); and WHEREAS, Bishop 1 is a Texas corporation and would like to acquire the land in the Business Park for the development of 4 to 6 buildings, totaling approximately 60,000 sq. ft., the buildings are to be marketed to industrial companies looking to work with and in the Port Arthur refineries; and WHEREAS, Bishop 1 has reviewed and agreed to the terms of the Purchase Agreement attached hereto as Exhibit"A"; and WHEREAS, at its Regular Board Meeting of December 2, 2024, the PAEDC Board of Directors approved the sale of approximately 8 acres of land in the Business Park to Bishop 1 pursuant to the Purchase Agreement; and WHEREAS,the purchase price per acre is$62,100.00 to be paid in full at closing, and the sale of the property shall be pursuant to a Special Warranty Deed. 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 of the City of Port Arthur approves the sale of approximately 8 acres of land in the Spur 93 Business Park pursuant to the Purchase Agreement, Exhibit"A", with Bishop 1, LLC for$62,100.00 per acre. Section 3. That a copy of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2024, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers • NOES: Thurman Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: ' 44* Terry Stokes,PAEDC CEO APPROVED AS TO FORM: '1 Charles Zech,PAEDC Attorney #1155970 Page 2 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney #1155970 Page 3 Exhibit "A" /\� PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-07-2022 �" E_- UNIMPROVED PROPERTY CONTRACT I. NOTICE: Not For Use For Condominium Transactions EOULL ROUSING OPPORTUNITY o 1. PARTIES: The parties to this contract are Port Arthur Economic Development Corp (Seller) and Bishop 1, LLC (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: Lot , Block 7 Addition, City of Port Arthur , County of Jefferson Texas, known as See Exhibit"A" (address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto (Property). RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is made in accordance with an attached addendum. 3.SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing $ 106.302.00 The term "Cash portion of the Sales Price" does not include proceeds from borrowing of any kind or selling other real property except as disclosed in this contract. B. Sum of all financing described in the attached: m Third Party Financing Addendum, ❑ Loan Assumption Addendum, ❑ Seller Financing Addendum $ 426,000.00 C. Sales Price (Sum of A and B) $ 532,302.00 4. LEASES: A. Except as disclosed in this contract, Seller is not aware of any leases affecting the Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new lease, amend any existing lease, or convey any interest in the Property. B. NATURAL RESOURCE LEASES: "Natural Resource Lease" means an existing oil and gas, mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a party. Seller ❑ is ® is not a party to a Natural Resource Lease. If Seller is a party to a Natural Resource Lease, check one of the following: ❑ (1)Seller has delivered to Buyer a copy of all the Natural Resource Leases. ❑ (2)Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective Date. Buyer may terminate the contract within 5 days after the date the Buyer receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer. 5. EARNEST MONEY AND TERMINATION OPTION: A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer must deliver to Sutton Land of Texas. LLC (Escrow Agent) at_2R1s Calder Avenue. Suite 704. Beaumont. TX 77702.Athony Papa (address): $ 5000 as earnest money and $ 100 as the Option Fee. The earnest money and Option Fee shall be made payable to Escrow Agent and may be paid separately or combined in a single payment. (1)Buyer shall deliver additional earnest money of $ to Escrow Agent within days after the Effective Date of this contract. (2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option Fee, or the additional earnest money, as applicable, is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. (3)The amount(s) Escrow Agent receives under this paragraph shall be applied first to the Option Fee, then to the earnest money, and then to the additional earnest money. (4) Buyer authorizes Escrow Agent to release and deliver the Option Fee to Seller at any time without further notice to or consent from Buyer, and releases Escrow Agent from liability for delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at closing. B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges, and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within 30 days after the Effective Date of this contract (Option Period). Notices under this paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will not be refunded and Escrow Agent shall release any Option Fee remaining with Escrow Agent to Seller; and (ii) any earnest money will be refunded to Buyer. Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 2 of 10 11-07-2022 (Address of Property) C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money within the time required, Seller may terminate this contract or exercise Seller's remedies under Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money. D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this Paragraph 5. E. TIME: Time is of the essence for this paragraph and strict compliance with the time for performance is required. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at @Seller's UBuyer's expense an owner's policy of title insurance (Title Policy) issued by Sutton Land of Texas, LLC (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions including existing building and zoning ordinances) and the following exceptions: 1 Restrictive covenants common to the platted subdivision in which the Property is located. 2 The standard printed exception for standby fees, taxes and assessments. 3 Liens created as part of the financing described in Paragraph 3. 4 Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8)The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: ❑ (i) will not be amended or deleted from the title policy; or 21 (ii) will be amended to read, "shortages in area" at the expense of ❑ Buyer @ Seller. (9) The exception or exclusion regarding minerals approved by the Texas Department of Insurance. B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense legible copies of restrictive covenants and documents evidencing exceptions in the Commitment CException Documents) other than the standard printed exceptions. Seller authorizes the Title ompany to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) U (1) Within days after the Effective Date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Sellers expense no later than 3 days prior to Closing Date. If the existing survey or affidavit i not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at LI Seller's LJ Buyer's expense no later than 3 days prior i to Closing Date. U (2) Within days after the Effective Date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. m (3) Within 15 days after the Effective Date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the Commitment other than items 6A(1) through (9) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or activity: commercial business Buyer must object the earlier of (i) the Closing Date or (ii) 10 days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured wit in the Cure Period, Buyer may, by delivering notice to Seller within 5 ays after the end of the Cure Period: (i) terminate this contract and the earnest money will be refunded to Buyer; or (ii) waive the objections. If Buyer does not terminate Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 3 of 10 11-07-2022 (Address of Property) within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, survey, or Exception Document(s) is delivered to Buyer. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property pis is not subject to mandatory membership in a property owners association(s). If the Property is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2 in which the Property is located, you are obligated to be a member of the property owners association(s). Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk. You are obligated to pay assessments to the property owners association(s). The amount of the assessments is subject to change. Your failure to pay the assessments could result in enforcement of the association's lien on and the foreclosure of the Property. Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4)TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5)ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller must give Buyer written notice as required by §5.014, Property Code. An addendum containing the required notice shall be attached to this contract. Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 4 of 10 11-07-2022 (Address of Property) (8)TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property Pis Pis not located in a Texas Agricultural Development District. For additional information, contact the Texas Department of Agriculture. (9)TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205, Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation may be governed by Chapter 5 Subchapter G of the Texas Property Code. (10)PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a distribution system retailer, Seller must give Buyer written notice as required by §141.010 Texas Utilities Code. An addendum containing the notice approved by TREC or required by the parties should be used. (11)NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." (12)REQUIRED NOTICES: The following notices have been given or are attached to this contract (for example, MUD, WCID, PID notices): Notice to Purchaser for Drainage District 7, notice of non-residential Covenants and Restrictions(attached to this Contract as Exhibit"B"). • 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Sellers expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCEy OF PROPERTY CONDITION: "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B (1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment, or from terminating this contract during the Option Period, if any. (Check one box only) ❑ 1) Buyer accepts the Property As Is. ❑ (2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: • (Do not insert general phrases, such as "subject to inspections" that do not identify specific repairs and treatments.) C. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date and obtain any required permits. The repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments. Seller shall: (i) provide Buyer with copies of documentation from the repair person(s) showing the scope of work and payment for the work completed; and (ii) at Seller's expense, arrange for the transfer of any transferable warranties with respect to the repairs and treatments to Buyer at closing. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days, if necessary, for Seller to complete repairs and treatments. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances including asbestos and wastes or other environmental hazards, or the presence of a threatener) or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURE: (1) Seller ❑ is ® is not aware of any flooding of the Property which has had a material adverse effect on the use of the Property. (2) Seller ❑ is 0 is not aware of any pending or threatened litigation, condemnation, or specia ssesrpent affecting the Property. (3) Seller LI is L J is not aware of any environmental hazards that materially and adversely affect e Prpterty. (4) Seller LJ is 64J is not aware of any dumpsite, landfill, or underground tanks or containers now or reviously located on the Property. (5) Seller Li is l is not aware of any wetlands, as defined by federal or state law or regula n, of cting the Property. (6) Seller Li is Li is not aware of any threatened or endangered species or their habitat affectin�y the Property. (7) Seller LA is ❑ is not aware that the Property is located ❑ wholly m partly in a floodplain. (8) Seller ❑ is ❑ is not aware that a tree or trees located on the Property has oak wilt. If Seller is aware of any of the items above, explain (attach additional sheets if necessary): Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 5 of 10 11-07-2022 (Address of Property) 8. BROKERS AND SALES AGENTS: A. BROKER OR SALES AGENT DISCLOSURE: Texas law requires a real estate broker or sales agent who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the broker or sales agent owns more than 10%, or a trust for which the broker or sales agent acts as a trustee or of which the broker or sales agent or the broker or sales agent's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: • B. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before February 19, 2025 (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the Escrow Agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases loan documents, transfer of any warranties, and other documents reasonably required for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. (5) Private transfer fees (as defined by Chapter 5, Subchapter G of the Texas Property Code) will be the obligation of Seller unless provided otherwise in this contract. Transfer fees assessed by a property owners' association are governed by the Addendum for Property Subject to Mandatory Membership in a Property Owners Association. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding. 11. SPECIAL PROVISIONS: (This paragraph is intended to be used only for additional informational items. An informational item is a statement that completes a blank in a contract form, discloses factual information, or provides instructions. Real estate brokers and sales agents are prohibited from practicing law and shall not add to, delete or modify any provision of this contract unless drafted by a party to this contract or a party's attorney.) After the closing of the purchase and sale, Buyerb shall be responsible for any replatting of the Property and for all costs to complete same 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees; origination charges; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; loan title policy with endorsements required by lender; loan-related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender; and other expenses payable by Buyer under this contract. B. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, rents, and regular periodic maintenance fees, assessments, and dues (including prepaid items) will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 6 of 10 11-07-2022 (Address of Property) B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer. If Assessments are imposed because of Seller's use or change in use of the Property prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the Effective Date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds, if permitted by Seller's insurance carrier, and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may or terminate this contract and' receive the earnest money as liquidated camages thereby re easing both parties from this contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or Escrow Agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. 18. ESCROW: A. ESCROW: The Escrow Agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as Escrow Agent. Escrow Agent may require any disbursement made in connection with this contract to be conditioned on Escrow Agent's collection of good funds acceptable to Escrow Agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, Escrow Agent may: (i) require a written release of liability of the Escrow Agent from all parties before releasing any earnest money; and (ii) require payment of unpaid expenses incurred on behalf of a party. Escrow Agent may deduct authorized expenses from the earnest money payable to a party. "Authorized expenses' means expenses incurred by Escrow Agent on behalf of the party entitled to the earnest money that were authorized by this contract or that party. C. DEMAND: Upon termination of this contract, either party or the Escrow Agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the Escrow Agent. If either party fails to execute the release, either party may make a written demand to the Escrow Agent for the earnest money. If only one party makes written demand for the earnest money, Escrow Agent shall promptly provide a copy of the demand to the other party. If Escrow Agent does not receive written objection to the demand from the other party within 15 days, Escrow Agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and Escrow Agent may pay the same to the creditors. If Escrow Agent complies with the provisions of this paragraph, each party hereby releases Escrow Agent from all adverse claims related to the disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the Escrow Agent within 7 days of receipt of the request will be liable to the other party for (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. E. NOTICES: Escrow Agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by Escrow Agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by Internal Revenue Code and its regulations, or if Seller fails to deliver an affidavit or a certificate of non- foreign status to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 7 of 10 11-07-2022 (Address of Property) 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by fax or electronic transmission as follows: To Buyer at: Bishop 1. LLC To Seller at: Port Arthur Economic Dev. Corp. 8389 Chemical Rd Beaumont,TX. 77705 501 Proctor St., #100, Port Arthur,TX 77640 Phone: ( 936 ) 615-9015 ( 409) 963-0579 E-mail/Fax: jared@il0equipment.com E-mail/Fax: E-mail/Fax: E-mail/Fax: mpalmer@paedc.org With a copy to Buyer's agent at: With a copy to Seller's agent at: 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): ® Third Party Financing Addendum ❑ Addendum for Coastal Area Property ❑ Seller Financing Addendum U Environmental Assessment, Threatened or ❑ Addendum for Property Subject to Endangered Species and Wetlands Mandatory Membership in a Property Addendum Owners Association ❑ Addendum for Property Located Seaward ❑ Buyer's Temporary Residential Lease of the Gulf Intracoastal Waterway ❑ Seller's Temporary Residential Lease ❑ Addendum for Sale of Other Property by U Addendum for Reservation of Oil, Gas Buyer and Other Minerals ❑ Addendum for Property in a Propane Gas U Addendum for "Back-Up" Contract System Service Area Other (list): Notice to Purchasers DD 7, Special U Addendum Concerning Right to Provisions Addendum Terminate Due to Lender's Appraisal U Addendum containing Notice of Obligation to Pay Improvement District Assessment 23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate brokers and sales agents from giving legal advice. READ THIS CONTRACT CAREFULLY. Buyer's Seller's Attorney is: C. Scott Mann,Jr. Attorney is: Allison Bastian-Rodriquez Germer PLLC, 550 Fannin,4th Floor, Beaumont,TX DNRBS&Z 701 E. Harrison,Ste. 100 Harlingen,TX 78550 77701 Phone: (409 )654-6770 Phone: ( 956 )421-4904 Fax: (409 )835-2115 Fax: ( )n/a E-mail: csmann@germer.com E-mail: abrodriquez@rampagelaw.com Initialed for identification by Buyer and Seller TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur, TX 77640 Page 8 of 10 11-07-2022 (Address of Property) EXECUTED the day of , 20 (Effective Date). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) BISHOP 1, LLC PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION Buyer Seller By: By: Jared Bishop, Name: Managing Member Title: Buyer Seller The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate license holders. No representation is made as to the legal TRECvalidity or adequacy of any provision in any specific transactions. It is not intended for complex transactions.Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 ...,....,.,.E o..„,o (http://www.trec.texas.gov) TREC NO. 9-16. This form replaces TREC NO. 9-15. TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 9 of 10 11-07-2022 (Address of Property) BROKER INFORMATION (Print name(s) only. Do not sign) Other Broker Firm License No. Listing Broker Firm License No. represents ❑Buyer only as Buyer's agent represents USeller and Buyer as an intermediary USeller as Listing Broker's subagent USeller only as Seller's agent Associate's Name License No. Listing Associate's Name License No. Team Name Team Name Associate's Email Address Phone Listing Associate's Email Address Phone Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No. Other Broker's Address Phone Listing Broker's Office Address Phone City State Zip City State Zip Selling Associate's Name License No. Team Name Selling Associate's Email Address Phone Licensed Supervisor of Selling Associate License No. Selling Associate's Office Address City State Zip Disclosure: Pursuant to a previous, separate agreement (such as a MLS offer of compensation or other agreement between brokers), Listing Broker has agreed to pay Other Broker a fee ). This disclosure is for informational purposes and does not change the previous agreement between brokers to pay or share a commission. TREC NO. 9-16 Contract Concerning West Port Arthur Road, Port Arthur,TX 77640 Page 10 of 10 11-07-2022 (Address of Property) OPTION FEE RECEIPT Receipt of$ (Option Fee) in the form of is acknowledged. Escrow Agent Date EARNEST MONEY RECEIPT Receipt of$ Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax CONTRACT RECEIPT Receipt of the Contract is acknowledged. Escrow Agent Received by Email Address Date Address Phone City State Zip Fax ADDITIONAL EARNEST MONEY RECEIPT Receipt of $ additional Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax TREC NO. 9-16 SPECIAL PROVISIONS ADDENDUM TO COMMERCIAL CONTRACT-UNIMPROVED PROPERTY This Addendum is attached to and made a part of that one(1)certain Commercial Contract- Unimproved Property("Contract")by and between Port Arthur Economic Development Corporation, as seller ("Seller"), and Bishop 1, LLC, a Texas limited liability company, as buyer ("Buyer"), in order to make the following additions and amendments to the Contract: The Contract is amended to add paragraphs 24 through and including 31 to read as follow: "24. Conflicts. In the event of any conflict between the provisions of this Addendum and the other provisions of the contract,the provisions of this Addendum shall prevail. "25. Venue. This contract is performable in Jefferson County, Texas, and venue for any litigation arising out of this contract shall be in the state and federal courts of Jefferson County,Texas. "26. Partial Invalidity. In the event that any provisions of the Contract are found to be void or unenforceable, all of the remaining provisions of the Contract shall be fully effective as if such void or unenforceable provision of the Contract had never been contained herein. "27. Construction. In construing the Contract, all words in the singular number shall include the plural and the plural shall include the singular,and the use of any gender shall include all genders. "28. Counterparts. This Contract and any amendments and any addenda and other attachments hereto may be executed and delivered in any number of counterparts,each of which shall be deemed an original, but all of which together shall be deemed to be one and the same contract, amendment or attachment with the same effect as if the parties had signed the same document. Any such counterpart,to the extent delivered by means of a fax machine or by.pdf,.tif,.gif,jpeg or similar attachment to electronic mail (any such delivery, an "Electronic Delivery") shall be treated in all manner and respects as the delivery of an original executed counterpart and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. No party hereto shall raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense,except to the extent that such defense relates to lack of authenticity." "29.Covenants and Restrictions; Other Requirements. a. Prior to Closing, Buyer will have reviewed all requirements of the City of Port Arthur,Texas for construction standards required for improvements on the Property, including but not limited to those relating to compliance with the Americans with Disabilities Act and improvements related thereto. b. The Property being purchased by Buyer is subject to Covenants and Restrictions, as may be amended,and recorded in the Official Public Records of Jefferson County,Texas. THE RESTRICTIONS LIMIT THE BUYER'S USE OF THE PROPERTY. Buyer acknowledges the requirement to develop facilities(buildings for user occupancy)within 18 months of Closing. If Buyer purchases the Property and construction has not been completed in the period specified, Seller shall have the option re-purchase the Property on the terms set forth in the Covenants and Restrictions on the basis of reversing(or rescinding)the terms of the original sale,including price. This option may be exercised at any time subsequent to the failure of construction to be completed by the specified date. Exercise of the option will be by formal action of the Board of Directors of Seller and delivery of written notice of exercise of the option shall be the cause of an immediate halt to any actions to develop the Property. Buyer also understands and acknowledges that the Property is subject to annual assessments which, as of the date of this Contract, amount to $500 per acre per year, and payable on or before December 31" of each year. Other assessments may apply. Seller has the right to amend such assessments as provided in the Covenants and Restrictions. See Exhibit"B" attached hereto and made a part hereof by reference." "30. Local Procurement. Buyer agrees to use best efforts to obtain contractor services and source materials for development of the Property from local providers located within the City of Port Arthur. "Best efforts" shall include, but are not limited to, soliciting bids from local contractors and suppliers, considering competitive pricing and availability, and giving preference to local providers when their offerings are reasonably equivalent in terms of cost, quality, and timeliness to those available from non-local providers. It is expressly understood and agreed that Buyer will expend at least 50%of the cost of the improvements to be constructed on the Property as more fully set out in Exhibit"C", attached hereto and made a part hereof by this reference, and that such expenditure will comply with the terms of this Paragraph 30." Executed this the day of ,2024. SELLER: PORT ARTHUR ECOMONIC DEVELOPMENT CORPORATION By: Name: Title: BUYER: BISHOP 1, LLC By: Jared Bishop, Managing Member tTEXAS REALTORS COMMERCIAL CONTRACT FINANCING ADDENDUM USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®,INC.IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2010 ADDENDUM TO COMMERCIAL CONTRACT BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT Block 7 West Port Arthur Road, Port Arthur, TX 77640 The portion of the Sales Price not payable in cash will be paid as follows: (Check all that apply.) X A. THIRD PARTY FINANCING: (1) The contract is contingent upon Buyer obtaining a third party loan(s) secured by the Property in the amount of$ 426,000.00 for not less than five (5) years with the initial interest rate not to exceed 7.5% per annum and payments calculated on an amortization period of no less than 15 years. (2) Buyer will apply for the third party loan(s) described in Paragraph A(1) promptly after the effective date. If Buyer cannot obtain the loan(s), Buyer may give Seller written notice within 45 days after the effective date and the contract will terminate and the earnest money, less any independent consideration under Paragraph 7B(1) of the contract, will be refunded to Buyer. If Buyer does not give such notice within the time required, this contract will no longer be subject to the contingency described in this Paragraph A. (3) Each note to be executed under this addendum is to be secured by vendor's and deed of trust liens. B. ASSUMPTION: (1) Buyer will assume the unpaid principal balance of the existing promissory note secured by the Property payable to dated which balance at closing will be $ (2) Buyer's initial payment will be the first payment due after closing. Buyer's assumption of the existing note includes all obligations imposed by the deed of trust securing the note, recorded in (recording reference) in the real property records of the county where the Property is located. (3) If the unpaid principal balance of the assumed loan as of the date of closing varies from the loan balance stated in Paragraph B(1), the cash payable at closing will be adjusted by the net amount of any variance; provided, if the total principal balance of the assumed loan varies in an amount greater than$ at closing, either party may terminate this contract and the earnest money will be refunded to Buyer unless either party elects to eliminate the excess in the variance by an appropriate adjustment at closing. (4) Buyer may terminate the contract and the earnest money, less any independent consideration under Paragraph 7B(1) of the contract,will be refunded to Buyer if the note holder on assumption requires: (a) Buyer to pay an assumption fee in excess of$ and Seller declines to pay such excess; (b) an increase in the interest rate to more than %; or (c) any other modification of the loan documents. (5) Unless Seller is released of liability on any assumed note, Seller requires a vendor's lien and deed of trust to secure assumption, which will be automatically released on execution and delivery of a release by the note holder. (TXR-1931)1-26-10 Initialed for Identification by Seller: , and Buyer: Page 1 of 4 Coldwell Banker Commercial,1 Acadian Court Beaumont TX 77706 Phone:4098335055 Fax:4098335125 Parigi Garrett Debra Cowart Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract Financing Addendum concerning Lot 7 West Port Arthur Road,Port Arthur TX 77640 (6) If assumption approval is required by the note holder, Buyer will apply for assumption approval within days after the effective date of the contract and will make every reasonable effort to obtain assumption approval. If Buyer cannot obtain assumption approval, Buyer may give Seller written notice within days after the effective date and the contract will terminate and the earnest money, less any independent consideration under Paragraph 7B(1) of the contract, will be refunded to Buyer. If Buyer does not give such notice within the time required and Buyer does not close because Buyer is not able to assume the existing note, Buyer will be in default. C. SELLER FINANCING: (1) At closing, Buyer will execute and deliver a promissory note (the note) from Buyer to Seller in the amount of$ , bearing % interest per annum. Matured, unpaid amounts will bear interest at the maximum rate of interest allowed by law. (2) The note will be payable as follows: (a) In one payment, due _ _ after the date of the note, with interest payable: _ (i) monthly _ (ii) (b) In installments of $ including interest plus interest beginning _ _ after the date of the note and continuing at monthly _ intervals thereafter for when the entire balance of the note will be due and payable. (c) Interest only in monthly installments for the first years and thereafter in installments of$ including interest plus interest beginning _ after the date of the note and continuing at _monthly _ intervals thereafter for when the entire balance of the note will be due and payable. (3) The note will be secured by vendor's and deed of trust liens and an assignment of leases payable at the placed designated by Seller. (4) The note will provide that if Buyer fails to timely pay an installment within 10 days after the installment is due, Buyer will pay a late fee equal to 5% of the installment not paid. (5) The note will will not provide for liability (personal or corporate) against the maker in the event of default. (6) The note may be prepaid in whole or in part at any time without penalty. Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal. (7) The lien securing payment of the note will be inferior to any lien securing any superior note described in this addendum. If an owner's policy of title insurance is furnished, Buyer, at Buyer's expense, will furnish Seller with a mortgagee title policy in the amount of the note at closing. (8) If all or any part of the Property is sold or conveyed without Seller's prior written consent, Seller, at Seller's option, may declare the outstanding principal balance of the note, plus accrued interest, immediately due and payable. Any of the following is not a sale or conveyance of the Property: (a) the creation of a subordinate lien; (b) a sale under a subordinate lien; (c) a deed under threat or order of condemnation; (d) a conveyance solely between the parties; or (e) the passage of title by reason of death of a maker or operation of law. (TXR-1931) 1-26-10 Initialed for Identification by Seller: , and Buyer: Page 2 of 4 Caldwell Banker Commercial,1 Acadiana Court Beaumont TX 77706 Phone:4098335055 Fax:4098335125 Parisi Garrett Debra Cowart Produced with Lone Wolf Transactions(zipFonn Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 yaweiwolf corn Commercial Contract Financing Addendum concerning Lot 7 West Port Arthur Road,Port Arthur TX 77640 (9) Deposits for Taxes and Insurance: Together with the principal and interest installments, Buyer _will _will not deposit with Seller a pro rata part of the estimated annual ad valorem taxes on the Property and a pro rata part of the estimated annual insurance premiums for the improvements on the Property. (a) If Buyer deposits taxes and insurance deposits with Seller, Buyer agrees that the taxes and insurance deposits are only estimates and may be insufficient to pay total taxes and insurance premiums. Buyer agrees to pay any deficiency within 30 days after Seller notifies Buyer of any deficiency. Buyer's failure to pay the deficiency is a default under the deed of trust. (b) If any superior lien holder on the Property collects payments for taxes and insurance, any requirement to deposit taxes and insurance deposits with Seller under this addendum is inoperative so long as payments are being made to the superior lien holder. (10) Any event that constitutes a default under any superior lien constitutes a default under the deed of trust securing the note. (11) The note will include a provision for reasonable attorney's fees for any collection action. (12) Unless the parties agree otherwise, the form of the note and loan documents will be as found in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. D. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: (1) To establish Buyer's creditworthiness for assumption approval or seller financing, Buyer will deliver to Seller the following information (Buyer's documentation)within days after the effective date of the contract: (a) verification of employment, including salary; _ (b) verification of funds on deposit in financial institutions; _ (c) current financial statement; (d) credit report; (e) tax returns for the following years (f) (2) If Buyer does not timely deliver Buyer's documentation or Seller determines, in Seller's sole discretion, that Buyer's creditworthiness is not acceptable, Seller may terminate the contract by giving written notice to Buyer not later than days after the date Buyer must deliver Buyer's documentation under Paragraph D(1) and the earnest money, less any independent consideration under Paragraph 7B(1) of the contract, will be refunded to Buyer. If Seller does not timely terminate the contract under this paragraph, Seller will be deemed to have accepted Buyer's credit. E. SPECIAL PROVISIONS: (TXR-1931)1-26-10 Initialed for Identification by Seller: , and Buyer: Page 3 of 4 Coldwell Banker Commercial,1 Acadiana Court Beaumont TX 77706 Phone:4098335055 Fax:4098335125 Parigi Garrett Debra Cowart Produced with Lone Wolf Transactions(zipForrn Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.corrt Commercial Contract Financing Addendum concerning Lot 7 West Port Arthur Road,Port Arthur TX 77640 Seller: Port Arthur Economic Development Corp. Buyer:Bishop 1, LLC By: By: By (signature): By (signature): Printed Name: . Printed Name: Jared Bishop Title: Title: Managing Member By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TXR-1931) 1-26-10 Page 4 of 4 Coldwell Banker Commercial,1 Acadian Court Beaumont TX 77706 Phone:4098335055 Fax:4098335125 Parigi Garrett Debra Cowart Produced with Lone Wolf Transactions(zipForrn Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.corn EXH BIT"A" Block 7 of the Replat of the Amended Plat of Port Arthur Development Corporation Business Park Subdivision recorded under County Clerk's File No. 2014038835 in the Official Public Records of Jefferson County,Texas, and beingJefferson Central Appraisal District Parcel No. 93243 as shown on the attached Exhibit"A-1", incorporated herein by reference. i e C L O O CO a Q EXHIBIT "A-1" -5 r OT co NmyN O N> C mEo v OC .5-p g .a., a O gU U ( 41) 171 — ;slL J , bm 9 . .. C r D E E m • N C N .. C fi ro 6 . * to- N, c - "' ° r yx 1'1r, 0 .. ,. !' r a " .tom - ,- . - I r a ~ ;s' h M j r ,, f.... ,_ , — , twit • , 4 - •- :, . N 0,, , .. , . _ . .. , .. w ,...'cnoa .111',._1,', '*.I'll : '1 ,. �IV11Y 't' ;,- t cu P ea CLI ; a t►P .. 'I" f U 7F+"� a N O w C L N Q f. a a 3 o— 11111I111111111II11IIIhII11Ii II 11 I I II R:TPGS 20603269 COVENANTS AND RESTRICTIONS Exhibit "B" PORT ARTHUR BUSINESS PARK 11/30/05 GENERAL The City of Port Arthur Section 4A Economic Development Corporation (PAEDC)is the owner of the Port Arthur Business Park(Business Park). PAEDC has determined that it is in the best interests of the City of Port Arthur, PAEDC, the Business Park and its future occupants to adopt the following provisions restrictions and covenants to control the development within the business park. CONDITIONS OF SALE Each parcel sold or conveyed to a user by PAEDC is for the purpose of development of facilities and occupancy by a user. Development of facilities (buildings) for user occupancy must be completed within eighteen months of purchase. If there is an incentive agreement with the PAEDC, the construction must be completed within the timetables of the incentive agreement. If construction has not been completed in the period specified,PAEDC shall have the option to repurchase the property on the basis of reversing (or rescinding) the terms of the original sale, including price. This option may be exercised at any time subsequent to the failure of construction to be completed by the specified date. Exercise of the option will be by formal action of the PAEDC Board. Delivery of written notice of exercise of this option shall be the cause of an immediate halt to actions to develop the parcel by the parcel owner. - If the owner or lessee of property in the Business Park wishes to sell or assign the property to a third party, the owner or lessee shalt obtain the approval of the PAEDC Board of Directors,with such approval not to be unreasonably withheld. The owner or lessee shall present information as to the financial and credit information as to the new buyer or assignee and such other information as reasonably requested by the PAEDC Chief Executive Officer(CEO). The new owner or lessee shall be required to assume the obligations in the incentive agreement, with such changes as are approved by the PAEDC Board of Directors. If the owner or lessee wishes to subdivide and sell or assign only a portion of its property to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of Directors which can deny the request at its discretion. At the discretion of the PAEDC, the PAEDC shall have a first option to repurchase said undeveloped portion for the same cost as delineated in the incentive agreement or sales agreement and in such additional reasonable amounts as to reimburse the owner for monies that he has expended in maintaining said portion of the property. In such case, PAEDC shall have 90 days to notify the owner of its decision in regard to this option. Page 1 of 13 LEGAL DESCRIPTION The Port Arthur Business Park includes all land as described in Appendix A,and on such other property as approved by PAEDC. TERMS AND DEFINITIONS For the purposes of these covenants and restrictions, certain terms, phrases, words and their derivatives shall have their meaning as specified in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webstet's Ninth New Collegiate Dictionary, Copyright 1987, shall be considered as providing ordinary accepted meaning. (1) Board. City of Port Arthur Section 4A Economic Development Corporation Board of Directors. (2) Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire,each portion so subdivided may be deemed a separate building. (3) City council. The governing and legislative body of the City of Port Arthur. (4) District. A section of the City of Port Arthur for which the regulations governing the height, area or use of the land and buildings are uniform. (5) Height. The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level,whichever is higher, to(1)the highest point of the roofs surface if a flat surface; (2)to the deck line of mansard roofs;or(3) to the mean height level between eaves and ridge for hip and gable roofs, and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers,ornamental cupolas,domes or spires and parapet walls not exceeding ten feet in height. If the street grade has not been officially established,the average front yard shall be used for a base level. (6) Lot. Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under these covenants and restrictions and having its principal frontage upon a public street or officially approved place. (7) Occupancy. The use or intended use of the land or buildings by proprietors or tenants. (8) Planning and zoning commission. The agency designated in the City Charter as the planning commission and appointed by the city council as an advisory body to it and which is authorized to recommend changes in the zoning ordinance. (9) Parking lot or structure, commercial (motor vehicle). An area or structure devoted to the parking or storage of motor vehicles. May include, in the case of a parking structure only, a facility for servicing of motor vehicles provided such facility is primarily an internal function for use only by motor vehicles occupying the structure and creates no special problems of ingress or egress. (10) Structure. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire,each portion so subdivided maybe deemed a separate building. Page 2 of 13 (11) Yard. An open space other than a court, on the lot in which a building is situated and which is not obstructed from a point 30 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar features and for the usual trees and landscape planting. (12) Yard,front. An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the front face of the building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. The front face of the building shall not necessarily be determined by the primary access to the building or any unit therein. (13) Yard, rear. An open, unoccupied space, except for permitted detached accessory buildings,trees and planting, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line. (14) Yard, side. An open, unoccupied space or spaces on one or two sides of a main building situated between the building and a side line of the lot and extending through from the front yard to the rear yard.Any lot line not the rear line or a front line shall be deemed a side line. REVIEW AND APPROVAL OF USES AND IMPROVEMENTS All uses that occupy parcels and all facilities and improvements constructed in the park (including all alterations and additions to the site and such facilities and improvements) shall be subject to approval by PAEDC and may require approval by the City of Port Arthur. PAEDC and the City may at their sole discretion involve other parties in the review of proposed uses and improvements. In cases where specialized evaluations are deemed necessary, PAEDC may require a fee to cover the cost of the services of consultants engaged to perform these evaluations. No construction may be initiated upon any parcel in the Business Park until • approval has been granted by PAEDC(and where required, by the City of Port Arthur). Failure of the user of a parcel to seek approval for development plans in a timely manner will not be the basis for granting an extension as to the timetable for construction. Approval means formal action by the PAEDC Board, (and where required by City Council of the City of Port Arthur) and the receipt of written confirmation of approval from a competent authority of these bodies. Application for approval shall be made in writing and must contain all submission requirements specified by PAEDC. Such requirements will include site plans, building plans and specifications, and other such information as PAEDC and the City may request. Page 3 of 13 PERMITTED OCCUPANCIES Sites and facilities within the Business Park may be occupied by the uses specified in the following chart(Parcels are as designated on the Business Park Final Plat). Parcels 1, 2, 3, 5, 7 & 9 —Office, warehouse,distribution, light fabrication and assembly, recycling,manufacturing and other approved uses. Parcel 4&8 —Office and other approved uses. Parcel 6, 10 — Warehouse, distribution, manufacturing, assembly and other approved uses. Other uses may be approved by PAEDC at its sole discretion which includes career centers and other types of development as approved by the PAEDC and as authorized by State Law. All occupancies permitted may be subject to additional restrictions imposed as a result of review of user applications provided that such specific requirements are intended to implement the restrictions previously established by the PAEDC in these Covenants and Restrictions or subsequent amendments. PROHIBITED OCCUPANCIES Specifically prohibited uses include manufacturing and process operations that transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or discharge a waste stream that is not acceptable(due to content or volume) for the City's sanitary sewer system. Any use that requires onsite treatment of waste in order to meet the above requirements will be allowed only on the basis of a special use permit from PAEDC,the City of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC, be granted, conditional upon continued and demonstrative conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination of any permit required by any regulatory agency(including the City)will require the user to immediately cease all onsite processes that generate or contribute to the subject waste stream. In addition, all exterior site uses including parking areas, truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. Page 4 of 13 CONSTRUCTION STANDARDS, CODES AND ORDINANCES All improvements constructed in the Business Park shall meet or exceed the standards and ordinances of the City of Port Arthur, State of Texas statutes and regulations, and national standards. It shall be the duty of the user of any parcel in the Business Park to conform to such requirements and to obtain all approvals and permits granted by governing authorities. Such requirements include but are not limited to City Building Permits and local drainage, environmental and utility requirements. Review and approval by PAEDC and the City of Port Arthur under the above provisions for Review and Approval of Uses and Improvements does not relieve or mitigate in any way this separate duty of the user. The owners or lessees of the property shall take such precautions as to commence and complete the improvements wherein laborers, subcontractors and contractors are promptly paid with no materials and mechanic's liens being filed on the property. Prior to commencing construction, the owner or lessee shall provide to the PAEDC such evidence of financial ability to complete the project, which may include letters of credit, and contractor's performance bonds and payment bonds. PROPERTY MAINTENANCE Owners and Users of parcels and improvements shall perform regular and routine maintenance on these properties: Undeveloped parcels shall be kept mowed and free of debris. Developed parcels (including site and facilities) shall be maintained in a manner consistent with the users' approved proposal for use and improvements. Lawns and landscaping shall be kept free of overgrowth, trash and debris. Parking or storage of vehicles, equipment or materials in areas other than approved outdoor storage is prohibited, Areas shall be maintained free of trash, sediment,debris,and abandoned or unsightly equipment. Outdoor storage areas other than those approved by PAEDC are prohibited. Approved outdoor storage areas shall be well maintained and shall be kept neat and orderly in appearance. Only materials and equipment that are in active use at the site may be stored on site. Storage of derelict or junked materials, equipment or vehicles onsite is prohibited. Buildings and other structures shall be kept in an attractive condition. Exterior surfaces shall be washed and painted as required to maintain a fresh appearance. Exterior materials that deteriorate shall be replaced. No open burning of rubbish is permitted on the site. All waste material shall be confined to trash receptacles in approved and screened locations for removal from the site. In case of fire or damage from other causes, the owner or lessee shall restore the improvements within nine(9)months unless granted an extension by PAEDC. Page 5 of 13 INSURANCE The lot owners and lessees shall maintain casualty insurance in an amount sufficient to replace the buildings. A copy of the certificate of insurance shall be given to the PAEDC and the PAEDC shall be listed as an additional insured. If the lot owner or lessee fails to maintain or pay for the insurance, the PAEDC (in its sole discretion)may pay for the costs thereof, assess the lot owners and lessees,and file liens. ASSESSMENT The lessees and private owners of the land in the Business Park shall pay assessments to the PAEDC for the maintenance of the street signage and landscaping, the costs to enforce these deed restrictions,and the costs to maintain business park, such assessments shall be a minimum of $200 per acre per year and shall be payable on or before December 31E of each year. Additional assessments, as determined by the PAEDC Board of Directors shall not exceed the actual proportionate share of the expenditures made by the PAEDC plus a 10% administrative fee. The proportionate share shall be the number of acres owned or leased divided by 246. CONTINUATIONS,AMENDMENT AND VARIATION OF COVENANTS AND RESTRICTIONS These covenants and restrictions shall remain in force on all parcels and shall be binding on all current and future owners and lessees of parcels within the Business Park. Variation in these covenants and restrictions is limited to one of the following methods: PAEDC(subject to the approval of the City of Port Arthur)may from time to time amend the provisions,covenants and restrictions. PAEDC may in its sole discretion grant variances to these provisions, covenants and restrictions as a part of the approval of the Review and Approval of Use and Improvement process. Such variances must be requested in writing by the user of the parcel. PAEDC will notify all adjacent parcel owners of the request for variation by posting such notice and will receive and consider comments from such parcel owners in evaluating such variances. It is the intent of PAEDC to maintain the general character and intent of the provisions, covenants and restrictions and to comply with Article 5190.6 V.T_C.A. Page 6 of 13 SITE DEVELOPMENT Building sites of individual users must be planned to have an attractive image and must be well maintained. The following requirements shall apply to the development of sites within the Business Park: cgtevory Requi i e iegts Set Backs Building Street Frontage 45 feet Side and rear lot lines 15 feet Paving Street Frontage 20 feet Side and rear lot Ines No requirement Landscaping All non paved areas Maintained lawns Street Fronts e 1 tree_per 100 feet of frontage—2 inch caliper Paving Parking Automobile Concrete Trucks and Trailers Concrete Aprons and maneuvering areas Concrete Access and Entry As approved by PAEDC May not conflict with street traffic or access to adjacent sites. Utilities All connections and service underground and; • Equipment (transformers etc.) screened from public view Outdoor I Not allowed forward of the line of the building face Yards and Fully screened from frontage with berms, planting or Storage walls constructed in conformance with standards for Ares front face of buildings Area Parcels 1,2,3, 5, 7,9 No larger than the area of the building Limitations Parcels 4, 8 Not permitted Parcel 6, 10 No limit Fencing Side and rear yards only Visible from Street Decorative iron or as approved by PAEDC (no wood fences permitted) Side and rear Chain link or as approved by PAEDC (no wood fences permitted) Ancillary Structures and Equipment Constructed to meet applicable building standards Tanks, trash receptacles and other equipment screened from public view Mail boxes as approved by PAEDC Flagpoles as approved by PAEDC Lighting Pole or building mounted lighting All lighting will be natural in color (no uncorrected high pressure sodium fixtures) Lighting must be controlled to prevent glare as seen from adjacent public ways and adjacent properties Page 7 of 13 Drainage Surface drainage must be controlled within site boundaries. Discharge into drainage ways as approved by responsible authorities. Signage All signs must be approved by PAEDC Maybe internally or externally illuminated May not be animated Site Mounted Signs Maximum of 6 feet in height Base no more than 2 feet above ground No closer then 10 feet to property line Compatible with building color and materials Integrated and compatible with landscaping Building Mounted Signs Not painted on building May not extend beyond building profile Must be compatible is size, color and material with building BUILDING DESIGN AND CONSTRUCTION Building design including all exterior materials and colors must be attractive,compatible with adjacent development and be approved by the PAEDC. Catenor _ eaulrements Exterior Materials Except for trim and accents,no wood will be permitted Walls Facing Frontage and Public Ways Concrete or masonry Walls Facing Side and Parcel 1, 2, 3, Concrete,masonry,or metal panels Rear Yards 5,6,7,9, 10 Parcel 4, 8 _ Concrete or masonry Roofing Materials Any roof surface that is exposed to public view must be approved by PAEDC Roof top equipment No more than five feet in height and screened from public view Awnings and Canopies Compatible with building design and approved by PAEDC Exterior Colors Exterior surfaces will be predominately neutral or natural colors. Bright accent or trim colors will be considered by the PAEDC. Page 8 of 13 ENFORCEMENT OF COVENANTS AND RESTRICTIONS Determination regarding the meaning, applicability and enforcement of these covenants and restrictions is the sole domain of PAEDC Board of Directors. Inquiry in regard to such matters shall be made to PAEDC in writing. A determination rendered in writing by PAEDC Board of Directors shall be deemed final and binding on all parties. Enforcement of the provisions,covenants and restrictions shall be in accordance with law or through civil or criminal proceedings initiated by PAEDC or by the City of Port Arthur. Enforcement action may include but is not limited to restraint of violations, recovery of costs, attorneys fees and damages,assessments,fines,civil penalties, foreclosure,and judicial sale. Page 9 of 13 APPENDIX "A" DESCRIPTION OF A 297.960 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE WM. McFADDIN SURVEY,ABSTRACT NO. 416, THE T. & N.O.R.R. SURVEY, SECTION NO. 5,ABSTRACT NO. 238, AND THE T.& N.O.R.R. SURVEY,SECTION NO.9,ABSTRACT NO. 242 JEFFERSON COUNTY, TEXAS AUGUST 20, 2001 All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 418, the T. & N.O.R.R. SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY, SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, Range N, Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port Arthur Land Co., the plat of which said subdivision is of record in Volume 1, Page 22 of the Map Records of Jefferson County,Texas, and being a part of that certain tract of land herein referred to as the "McFaddin and Cordts" tract, which said McFaddin and Cordts tract is designated "TRACT NO. 18-C" and is described in that certain instrument from W.P.H. McFaddin, Jr., and J.L.C. McFaddin,as Trustees of the McFaddin Trust to J.L.C. McFaddin, Di McFaddin Houk, Perry McFaddin Duncan, W.P.H. McFaddin Jr., Mamie McFaddin Ward, Camelia B. McFaddin and Di Vernon McFaddin Cordts, W.P.H. McFaddin Jr., and J.L.C. McFaddin,jointly, and Mamie McFaddin Ward,W.P.H. McFaddin, Jr., J.L.C. McFaddin, and Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February 26, 1948 and recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and which said TRACT NO. 18-C is indicated on that certain plat entitled "PARTITION MAP NO. 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TEXAS ... "which said plat is of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas, and being a part of that certain tract of land herein referred to as the "Cordts" tract, which said Cordts tract is described in that certain instrument from E.G. Cordts, Jr., Independent Executor of the Estate Of Di Vernon McFaddin Berly to E.G. Cordts, Jr., Colleen Cleve Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County Clerk's File No. 94-9432523 of the Official Public Records of Real Property of Jefferson County, Texas, and the said tract herein described being that exact same certain tract of land herein referred to as the "PAEDC" tract, which said PAEDC tract is described in that certain instrument from E.G. Cordts, Jr., ..., Colleen Clare Cordts Rice, ..., and Anna Camelia Cordts Edwardson, ... to Port Arthur Economic Development Corporation, dated February 28, 2001 and recorded under County Clerk's File No. 2001007554 of the Official Public Records of Real Property of Jefferson County, Texas, and the said tract herein described being more particularly described as follows: BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein Page 10 of 13 described, the said corner being the southeast corner of the said PAEDC tract, and the said corner also being the most southerly southwest corner of that certain tract of land herein referred to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that certain instrument from E.G. Cordts, Jr., Colleen Clare Cordts Rice and Anna Camelia Cordts Edwardson to Jefferson County, dated March 15, 1999 and recorded under County Clerk's File No. 1999009190 of the Official Public Records of Real Property of Jefferson County, Texas, and the said corner being in the north line of that certain tract of land herein referred to as the "Parcel 32" tract, which said Parcel 32 tract is so designated and is described in that certain instrument from The Mamie McFaddin Ward Heritage Foundation to Jefferson County, dated December 12, 1996 and recorded under County Clerk's File No. 96-9638512 of the Official Public Records of Real Property of Jefferson County, Texas, the said corner being an interior angle point corner in the southwesterly right-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument found for corner being East (Assumed Basis of Bearings - called South 89° 37' 00" East) along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract and north line of that certain tract of land herein referred to as the 'Ward" tract, which said Ward tract is designated "TRACT NO. 19-C"and is described in the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas,and which said TRACT NO. 19-C is indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" iron rod with a yellow cap stamped"RPLS 3636"found for reference; • THENCE West(called North 89° 37' 00"West) along and with the said south line of the PAEDC tract, north line of the Parcel 32 tract and north line of the Ward tract, passing at a distance of 16.92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and passing at a distance of 4,938.57 feet(called 4,938.91 feet)a 5/8"iron rod with a yellow cap stamped "RPLS 3636" found for reference at the southeast corner of that certain tract of land herein referred to as the 'TRACT 196-A" tract, which said TRACT 196-A tract is so designated and Is described in that certain instrument (titled "RIGHT-OF-WAY EASEMENT") from Di Vernon McFaddin Kibodeaux, formerly DI Vernon McFaddin Cordts, joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage District No. 7 dated January 4, 1968 and recorded in Volume 1531, Page 123 of the Deed Records of Jefferson County Texas, and passing at a distance of 5,430.99 feet (called 5,431.07 feet) the hereinbefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference at the southwest corner of the said TRACT 196-A tract, and continuing (West) along and with the said south line of the PAEDC tract and north line of the Ward tract, a total distance of 5,545.27 feet(called 5,545.35 feet)to a point for the southwest corner of the said tract herein described, the said corner being the southwest corner of the said PAEDC tract, and the said corner also being the northwest corner of the said Ward tract, and the said corner being in the easterly line of that certain tract of land herein referred to as the "TRACT A" tract, which said TRACT A tract is so designated and is described in that certain instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of Jefferson County,Texas, and the said corner being in the centerline of Rhodiar Gully; Page 11 of 13 THENCE North 12° 17' 39"West (called North 11° 54' 13"West) along and with the westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said centerline of Rhodair Gully, a distance of 724.96 feet (called 724.92 feet) to a point for the most westerly northwest corner of the said tract herein described, the said corner being the most westerly northwest corner of the said PAEDC tract, and the said corner also being the most southerly corner of that certain tract of land herein referred to as the"J.L.C. McFaddin" tract, which said J.L.C. McFaddin tract is designated'TRACT NO. 12-C'and is described in the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and which said TRACT NO, 12-C is indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas; THENCE North 39° 57' 00" East (called North 40° 20' 00" East) along and with the most westerly northwest line of the said PAEDC tract and most southerly southeast line of the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a 5/8" iron rod with a yellow cap stamped "RPLS 3636"found for reference at the northwest corner of the hereinbefore said TRACT 196-A tract,and passing at a distance of 736.10 feet (called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" set for reference at the northeast corner of the said TRACT 196-A tract (and which said 5/8" iron rod with a red plastic cap set for reference is North 37°58' 15"West a distance of 0.39 feet Thom a 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference), and continuing (North 39° 57'00" Ease)along and with the said most westerly northwest line of the PAEDC tract and most southerly southeast line of the J.L.C. McFaddin tract, a total distance of 3,925.49 feet(called 3,925.61 feet)to a '/2"iron rod found for the most northerly corner of the said tract herein described, the said corner being the most northerly corner ner o the said PAEDC tract, and the said corner also being the most westerly corner of that certain tract of land herein referred to as the "Bamette - 1483/177" tract, which said Barnette - -__. 1483/177 tract is described in that certain instrument from Gulf Refining Company to N.K. Bamette, Jr. dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed Records of Jefferson County,Texas; THENCE South 49° 46' 07" East (called South 49° 23' 24" East) along and with the most northerly northeast line of said PAEDC tract and southwesterly line of the said Bartnette - 1483/177 tract, a distance of 1,317.60 feet (called 1,317.54 feet)to a '/2" iron rod found for an interior corner of the said tract herein described, the said corner being an interior corner of the said PAEDC tract, and the said corner also being the most southerly corner of the said Barnette- 1483/177 tract; THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and with the most easterly northwest line of the said PAEDC tract and southeasterly line of the said Barnette - 1483/177 tract, a distance of 151.95 feet (called 151.86 feet) to a 5/8" iron rod with a yellow cap stamped "RPLS 3636"found for the most easterly northwest corner of the said tract herein described, the said corner being the most easterly northwest corner of the said PAEDC tract, and the said corner also being the most westerly corner of that certain tract of land herein referred to as the "Barnette - 1483/176" tract, which said Barnette - 1483/176 tract is described in that certain instrument from Di Vernon McFaddin Cordts joined therein by her husband, Edwin G. Cordts to N.K. Bamette, Jr. dated October 11, 1966 Page 12 of 13 and recorded in Volume 1483, Page 176 of the Deed Records of Jefferson County, Texas, and the said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for corner being South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said southeasterly line of the Barnette - 1483/177 tract, northwesterly line of the said Bamette - 1483/176 tract and southeasterly fine of that certain tract of land herein referred to as the "LNVA" tract, which said LNVA tract is described in that certain instrument from Gulf Refining Company to the Lower Neches Valley Authority dated April 8, 1975 and recorded in Volume 1876, Page 290 of the Deed Records of Jefferson County, Texas,a total distance of 499.44 feet (called 500.00 feet)from a 5/8" iron rod found for the most northerly corner of the said Barnette- 1483/176 tract,the said corner also being the most easterly corner of the said LNVA tract, and the said corner being in the hereinbefore said southwesterly right-of- way line of Texas State Highway Spur 93; THENCE South 83° 44' 08" East (called South 83° 21' 35" East) along and with the most easterly north line of the said PAEDC tract and southerly line of the said Barnette - 1483/176 tract, a distance of 557.12 feet (called 557.12 feet)to a 5/8" iron rod found for the most northerly northeast corner of the said tract herein described, the said corner being the most northerly northeast corner of the said PAEDC tract, and the said corner also being the most northerly northwest corner of the hereinbefore said Parcel 31 tract, and the said corner being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the said 5/8" iron rod found for corner being South 27° 38' 14" East (called South 27° 11 44" East) along and with the said southwesterly right-of-way line of Texas State Highway Spur 93, a distance of 499.26 feet (called 499.56 feet) from the hereinbefore said 5/8" iron rod found for the most northerly corner of the Barnette- 1483/176 tract and most easterly corner of the LNVA tract; THENCE South 27° 30' 14" East (called South 27° 07' 03" East)along and with the most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel 31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93, a total distance of 3,294.33 feet(called 3,294.40 feet)to the Point of Beginning and Containing 297.960 acres(called 297.9732 acres)of land, more or less. Prepared by Schaumburg&Polk,Inc. E.James Verrett, Registered Professional Land Surveyor No. 1781 Page 13 of 13 SIGNED and AGREED to on this the 1 D- day o 2006. Eli Roberts, President City of Port Arthur Section 4A Economic Development Corporation SWORN and SUBSCRIBED to on this the 1$ day of 2006. MC:141/1P3 •:: y Public �( , • . . tate of Texas texas Jana M. Barnes 6Y xpires Y` Notary Public dos * * State of Texas Commission Expires cf August 26, 2006 SIGNED and AGREED to on this the . 0 day of C40/0.00.Aikt, 2006. Li da Spears, ec e y City of Port Arthur Section 4A Economic Development Corporation SWORN and SUBSCRIBED to on this the gg- day of , 2006. $ Y Jaiir; .9 3aines / /r Ai ` . Notiry i'�.abliC t�` * t� * State of rsxas No Public in and for the State of Texas i� %Oro> Commission expires August 26, 2006 IIII IIIIIIIII IIIIIIi INHIIIIIIIIIII IIIIIII AM° 2007017117 16 PGS AMENDMENT NO. 1 TO /L F COVENANTS AND RESTRICTIONS O4ygy1 PORT ARTHUR BUSINESS PARK WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation filed the original Covenants and Restrictions in the Jefferson County Real Estate Records on or about January 26, 2006, File No. 2006003269 as it pertains to the land in Appendix "A"; and WHEREAS, the original deed restrictions stated the following as to landscaping requirements: Landscaping All non paved Maintain Lawns areas Street Frontage 1 tree per 100 feet of frontage — 2 inch caliper WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation herein desires to amend the Deed Restrictions, and does herein amend the Deed Restrictions so that the following landscaping and screening requirements apply. Landscaping and screening requirements. (a) Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of commercial, and industrial areas within the City of Port Arthur Section 4A Economic Development Corporation Business Park(the"Park"),to conserve the value of land and buildings of surrounding properties and neighborhoods,to enhance the aesthetic and visual image of the Park, to encourage the preservation of existing trees and to assist with clean air. In no case shall these provisions restrict ADA requirements. (b) Landscape plan required. All building permit applications for new building construction within the Park shall be accompanied by two(2)blueline or blackline prints of the landscape plan that has been approved by the PAEDC. The landscape plan shall contain sufficient detail to show the following: (1) The date, scale, north arrow and names and address and phone numbers of each property owner and person preparing the plans. z.pr14120_exhibit c (2) The footprint of all existing and proposed structures. (3) Remaining and/or proposed site elements such as power poles, fences, walls, drainage swales, easements, sidewalks,parking lot layout, pedestrian walkways, and other such elements. (4) A schedule identifying name, size, number, and location of all landscape elements. (5) Name, location and size of existing trees, and type and location of other vegetation proposed to remain for credit purposes. (6) The size and location of the parking lot and the number of spaces, and how the owner proposes to address the interior landscaping requirement. (7) Such other information as may be reasonably necessary to administer and enforce the provisions of this ordinance. (8) Drawn at a scale of one(1) inch equals twenty(20) feet or greater. (c) Irrigation required. (1) All landscaped areas shall require an automatic irrigation system sufficient to provide complete coverage of required screening landscaped areas, including sodded or seeded areas along front and side of building. (2) Irrigation system shall be installed and operational prior to issuance of a certificate of occupancy or final building inspection. (3) State law requires installation by licensed irrigators. (4) Irrigation systems shall be maintained in good and operating condition. (d) Certificate of occupancy. No certificate of occupancy for new construction in the Business Park shall be issued or final approval of parking lot expansion made unless a letter is received from the PAEDC that the property owner has complied with terms and conditions required herein. (e) Definitions. (1) Berm. Landscaped earthen hill of three(3) feet height or greater. (2) Caliper. The measure of the diameter of a tree at eighteen (18) inches above grade. Class A trees must be two(2) inches caliper or greater. Class B trees if multi-trunked, must have a minimum of three(3) trunks of one(1) inch caliper each. (3) Class A tree. A tree with a mature height of thirty(30) feet or more. See recommended list. z.pr14120_exhibit c (4) Class B tree. A tree with a mature height of less than thirty(30) feet. See recommended list. (5) Critical root zone. A circular region measured outward from the tree trunk to the drip line representing the area of roots that must be maintained or protected for the tree's survival. (6) Drip line. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. (7) Easement. The legal grant of right-of-use to an area of designated private property utilized by public corporations(states, municipalities) and also made to companies providing public services such as gas, electricity, and telephone. (8) Island. A curbed landscaped area in a parking lot that is surrounded on all sides by parking spaces. (9) Landscaped. Shall consist of any combination of turf/grass/ground cover, shrubs, and trees. It must be installed in a sound manner and in accordance with accepted standards of the nursery industry. (10) Median. A curbed landscaped area in a parking lot that separates parking aisles. (11) Open space buffer planting strip. The area between single-family residential and any other zoned property. This strip is to include required trees. (12) Planting strip. The area between the curb and sidewalk, two(2) curbs, a curb and fence, or a sidewalk and fence. (13) Peninsula. A curbed landscaped area that protrudes into parking aisles and adjoins other nonparking open space. (14) Public right-of-way. The entire strip of land lying between the property line and a street or thoroughfare, alley,crosswalk,or easement. (15) Shrub. A woody plant of low or medium height, usually multi-stemmed. See recommended list for three foot high hedge. (16) Vehicular use area. The total area of all the parking spaces and drives serving the parking area. z.pr14120_exhibit c (f) Perimeter landscaping and screening. (1) When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten-foot width of landscaping open- space buffer strip shall be installed and maintained by the owner,developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property. (2) In an open space buffer planting strip required under the terms of this section, a minimum of one(1) class A tree or two (2) class B trees shall be planted and maintained for each twenty-five(25) lineal feet or portion thereof of said open space buffer strip. The required trees may be planted anywhere within the buffer strip with a minimum of ten(10) feet apart for class A trees and a minimum of five (5) feet apart for class B trees. Refer to definitions on tree size. (3) In addition, an eight-foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be masonry or a wood diagonal,horizontal or vertical stockade type privacy fence, although the framing may be metal. (4) In lieu of the fence, a thirty-foot wide landscape planted buffer for the purpose of screening,may be provided along the property line. (5) For a thirty-foot wide landscape planted buffer, one(1) class A tree or two (2) class B trees shall be planted and maintained for each ten(10) lineal feet of buffer. The required trees may be planted anywhere within the buffer strip with a minimum of twenty(20) feet apart for class A trees and a minimum of ten (10) feet apart for class B trees. Refer to definitions on tree size. (6) The provisions of this perimeter landscaping and screening shall not apply where districts are separated by a public street. (7) When a specific use permit is required, the landscape buffering and fencing required by this section may be modified or eliminated as a condition of a specific use permit. (g) Dumpster and immobile trash containers. Any fixed or otherwise immobile trash container must be set back from the property line no less then twenty-five(25) feet or be completely screened from view from any street via landscaping and solid, opaque fencing on a minimum of three(3) sides. No such container shall be allowed on city right-of-way. z.pr14120_exhibit c (h) Landscaping of off-street parking. (1) Perimeter requirements. a. A landscaping edge or buffer shall be required along each side of a parking lot that faces towards a public right-of-way. b. The landscaping edge shall be no less than six (6) feet wide and may use up to three(3)feet of the public right-of-way, if unused and available at the time of permitting. c. The landscaping edge shall be for the parking lot's entire length. d. The landscaping edge shall contain no less than one(1)class A tree or two(2) class B trees for each twenty-five(25) lineal feet or fraction thereof of the edge. e. The required trees may be located anywhere within the six(6) foot landscape edge with a minimum of ten(10) feet apart for class A trees and a minimum of five(5)feet apart for class B trees. Refer to definitions on tree size. f. If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. In addition,no trees shall be permitted within a thirty-foot distance from the outermost power line. g. A screen no less than three(3) feet height comprised of a wall, solid fence, berm,or plant material or combination of shall be provided along the entire length of the landscaping edge or buffer, if any part of the landscaping edge is within ten(10) feet of the right-of-way.The screen does not have to be straight with the street or parking edge. h. The three-foot high screen shall not be on the right-of-way. i. The three-foot high screen shall not be required across driveways. j. The three-foot high screen shall not be within three(3) feet of a driveway or restrict a driver's line of sight of approaching vehicles as determined by the city. k. The required three-foot high screen,when planted, shall be a minimum of two(2) feet in height. See list of suggested shrubs. 1. A minimum width of three(3) feet is required for the bed containing the planted screen. m. The required three-foot high screen, if planted shall be maintained at no less than three(3)feet high. (3) An increase in the size of an existing parking lot by twenty-five(25)percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five(25)percent expansion, to be brought into compliance with this section. a. A turf area is to be located between the paved or curbed portion or sidewalk of the adjacent street right-of-way and the front property line. b. The landscape planting strip shall not be used for parking,but can be crossed with driveways providing direct ingress and egress to the z.pr14120_exhibit c development that have been approved by the development services manager or his designee. c. This landscape planting strip shall by planted with one(1) class A or two (2) class B trees for each twenty-five(25) lineal feet or fraction thereof along the property line. The required trees may be planted anywhere within the landscape planting strip with a minimum of ten(10) feet apart for class A trees and a minimum of five(5) feet apart for class B trees. d. Three (3) feet of public right-of-way may be used with written permission from the City of Port Arthur. (j) Installation and maintenance. (1) All landscaping shall be installed in accordance with accepted standards of the Texas Nurseryman's Manual. (2) All plant material shall be true to name,variety, and size and shall conform to all applicable provisions of the American Standards for Nursery Stock, latest edition. (3) The owner and/or tenant shall be responsible for installing and maintaining all landscaping according to standard horticultural practices. (4) All landscaping shall be maintained in a healthy, neat, and orderly condition. (5) No trees may be located within ten(10) feet of a fire hydrant. (6) No trees may be topped if the limbs are three (3) inches in diameter or greater. (7) Required three-foot hedges shall be maintained at a minimum of three(3) feet in height. (8) Dead, dying or damaged landscaping material shall be immediately replaced in conformance herein. (9) Irrigation systems must be in good and operating condition. (10) Failure to install required material or maintain landscaping within sixty(60) days of notification shall be subject to legal action (11) Any request for a variance to the terms of the deed restrictions must be submitted in writing and be responded to in writing by the PAEDC President after due consideration by the PAEDC Board of Directors. (k) Letter of credit. (1) A letter of credit may be utilized when the landscaping improvements required by the PAEDC have not been completed prior to the issuance of a certificate of occupancy. (2) The applicant shall post cash or an irrevocable letter of credit payable to the Port Arthur Section 4A Economic Development Corporation in an amount equal to one hundred thirty(130)percent of the estimated cost. This amount shall include the Port Arthur Section 4A Economic Development Corporation's cost of administering the completion of the improvement in the z.pr14120_exhibit c event the sub divider defaults as provided herein. The security shall be deposited with the Port Arthur Section 4A Economic Development Corporation or in escrow with a bank at the option of the Port Arthur Section 4A Economic Development Corporation. Such letter of credit shall comply with all statutory requirements and shall be satisfactory to the Port Arthur Section 4A Economic Development Corporation's attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Port Arthur Section 4A Economic Development Corporation or his designee and shall be incorporated in the letter of credit. In those cases where a letter of credit has been posted and the required improvements have not been installed within the terms of the letter of credit,the PAEDC may thereupon declare the letter of credit in default and require that all of the improvements be installed. TREES FOR PORT ARTHUR BUSINESS PARK Class A Tree: Mature height greater than thirty(30) feet Branches begin at six (6) feet Must be two(2)inches or greater in caliper when planted Common Name Latin Name Bald Cypress(back property only) Taxodium distichum Canary Island Date Palm Phoenix canariensis Cherrybark Oak Quercus falcata var. pagodifolia Green Ash (back property only) Fraxinus pennsylvanica Live Oak Quercus virginiana Sawthooth Oak Quercus Loblloly Pine (back property only) Pinus Taeda Nuttall Oak Quercus Nuttallii Pecan (back property only) Carya illinoinensis Red Maple Acer rubrum 'Drummondii' Sabal Palms, Florida Fan Palm/cabbage Sabal palmetto Palm Shumard Oak Quercus Shumardii Slash Pine (back property only) Pinus Elliottii Southern Red Oak Quercus falcata z.pr14120_exhibit c Spruce Pine(back property only) Pinus glabra Swamp Chestnut Oak, Cow, Basket Quercus Michauxii Washingtonia Palm Washingtonia robusta Water Oak Quercus nigra White Oak Quercus alba Willow Oak Quercus phellos Windmill Palm Tracycarpus fortune! Class B Tree: Less than thirty-foot mature height Eight(8)to ten(10)feet height when planted Common Name Latin Name American Holly Ilex opaca Chinese Fan Palm Livistona chinensis Chinese Pistachio (back property only) Pistacia chinesis Crape Myrtle Lagerstroemia indica and hybrid Flowering Pear (side/back property only) Pyrus Calleryana'Bradford', 'Aristocrat' Japanese Evergreen Oak Quercus glauca Parsley Hawthorn Crataegus Marshallii River Birch Betula nigra Texas Redbud Cercis canadensis'Texensis' Tree Ligustrum Ligustrum lucidum Wax Ligustrum Tree Ligustrum japconicum SHRUBS FOR SCREENING REQUIREMENTS Shrubs: Maintain three-foot height or greater Must be evergreen Common Name Latin Name Blue Vase Juniper Juniperus chinensis'Glauca' Bottlebrush Callistemon rigidus z.pr14120_exhibit c Camellia Sasanqua,upright Camellia Sasanqua Chinese Holly Ilex cornuta 'Rotunda' Cleyera Ternstoremia gymnanthera Dwarf Burford Holly Ilex cornuta'Burfordii Nana' Dwarf Japanese Holly Ilex crenata'Compacta' Dwarf Wax Myrtle Myrica pusilla English Boxwood Buxus sempervirens Fringe Flower Loropetalum chinense Gardenia, Cape Jasmine Gardenia jasminoides Glossy Abelia Abelia grandiflora Indian Azalea Rhododendron indica Indian Hawthorn Raphiolepis indica Nandina Nandina domestica Oleander DWARF Nerium Oleander Red Tip Photinia Photinia glabra Wax-leaf Ligustrum Ligustrum japonicum SIGNED and AGREED to on this the D day of Acta , 2007. Richard Wycoff, esid City of Port Arthur Section 4A Economic Development Corporation z.pr14120_exhibit c ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Richard Wycoff, President, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur Section 4A Economic Development Corporation, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Dv day of P0aiL. 41"~yBRENDA C.VAUGHN ' NOTARY MO STATE OiMU 6V !t %&., co�� tAr 0 NOTARY PUBLIC, STA OF TEXAS °i JVNET7. Z0�E SIGNED and AGREED to on this the day of ,2007. Keith Daws, Sr. , Secretary City of Port Arthur Section 4A Economic Development Corporation ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Keith Daws, Sr. , Secretary, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur Section 4A Economic Development Corporation, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of -459_.-.0 , A.D, 2007. 4/1/4--_ +"' BRENDAC.VAUGWN NOTARY PUBLIC, F TEXAS NOTARYrNECITATE OF tEXU OOINIIIIO1 C1PIRtrs °P`' JUNE 7, 2009 z.pr14120_exhibit c AFTER RECORDING, RETURN TO: City of Port Arthur Section 4A Economic Development Corporation P. 0. Box 1089 Port Arthur, TX 77641-1089 z.pr14120_exhibit c CD CD APPENDIX "A" O n r) DESCRIPTION OF A d 297 960 ACRE TRACT OR PARCEL OF LAND C OUT OF AND PART OF THE WM. McFADDIN SURVEY,ABSTRACT NO 416, THE T.& N 0 R.R. SURVEY, SECTION NO.5, ABSTRACT NO. 238, n AND THE T & N.O.R R. SURVEY, SECTION NO 9, ABSTRACT NO. 242 CD JEFFERSON COUNTY,TEXAS = AUGUST 20,2001 CCDD 3 All that certain tract or parcel of land lying and being situated in Jefferson County, CCD Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, the T. & N.O.R.R rs- SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY, n SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, Range N, Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port Arthur Land Co , the plat of which said subdivision is of record in Volume 1, Page 22 of the Map Records of Jefferson County,Texas,and being a part of that certain tract of land herein referred to as the "McFadden and Cordts" tract, which said McFaddin and Cordts tract is designated "TRACT NO. 18-C" and is described in that certain instrument from W P H McFaddrn, Jr, and J.L.0 McFaddin, as Trustees of the McFadden Trust to J.L.C. McFaddin, Di McFaddin Houk, Perry McFaddin Duncan, W P H. McFaddin Jr , Mamie McFaddin Ward, Camelia B. McFadden and Di Vernon McFaddin Cordts, W.P H. McFaddin Jr., and J L.0 McFaddin,jointly, and Mamie McFaddin Ward,W P H. McFaddin, Jr., J L.0 McFadden, and `n N Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February 26, 1948 and recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and fD which said TRACT NO. 18-C is indicated on that certain plat entitled "PARTITION MAP NO t1 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TEXAS . "which n said plaits of record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, and being a part of that certain tract of(and herein referred to as the "Cordts" tract, which 0 said Cordts tract is described in that certain instrument from E.G Cordts, Jr., Independent C Executor of the Estate of Dr Vernon McFaddin Beriy to E.G Cordts, Jr., Colleen Cleve C Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County Clerk's File No 94-9432523 of the Official Public Records of Real Property of Jefferson ('} County, Texas, and the said tract herein descnbed being that exact same certain tract of fU land herein referred to as the "PAEDC" tract, which said PAEDC tract is described in that certain instrument from E G. Cordts, Jr., , Colleen Clare Cordts Rice, .. , and Anna Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated H = February 28, 2001 and recorded under County Clerk's File No. 2001007554 of the Official CD Public Records of Real Property of Jefferson County, Texas, and the said tract herein 3 descnbed being more particularly descnbed as follows: CD BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap C) (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein O "Cl `< Page 10 of 13 , c-J as (I) described, the said corner being the southeast corner of the said PAEDC tract, and the said Ocorner also being the most southerly southwest comer of that certain tract of land herein 0 referred to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that certain instrument from E.G Cordts, Jr, Colleen Clare Cordts Rice and n Anna Camelia Cordts Edwardson to Jefferson County, dated March 15, 1999 and recorded under County Clerk's File No 1999009190 of the Official Public Records of Real Property of = Jefferson County, Texas, and the said corner being in the north line of that certain tract of land herein referred to as the "Parcel 32" tract, which said Parcel 32 tract is so designated n and is described in that certain instrument from The Mamie McFaddin Ward Heritage Fi Foundation to Jefferson County, dated December 12, 1996 and recorded under County '-% Clerk's File No 96-9638512 of the Official Public Records of Real Property 77 County, Texas, the said corner being an interior angle point comer in the southwesterly right-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument i1) found for corner being East (Assumed Basis of Beanngs - called South 89° 3T 00" East) along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract Cand - north line of that certain tract of Land herein referred to as the "Ward" tract, which said n Ward tract is designated "TRACT NO. 19-C"and is descnbed in the hereinbefore referenced O instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and which said TRACT NO. 19-C is indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" iron rod with a yellow cap stamped"RPLS 3636"found for reference; THENCE West (called North 89° 37' 00"West) along and with the said south line of the PAEDC tract, north line of the Parcel 32 tract and north line of the Ward tract, passing at a distance of 16 92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point i--' corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and (U passing at a distance of 4,938.57 feet(called 4,938 91 feet)a 5/8"iron rod with a yellow cap stamped "RPLS 3636" found for reference at the southeast comer of that certain tract of cn land herein referred to as the "TRACT 196-A" tract, which said TRACT 196-A tract is so O designated and is described in that certain instrument (titled "RIGHT-OF--WAY EASEMENT") from Di Vernon McFaddin Kibodeaux, formerly Di Vernon McFaddin Cordts, 4 Joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage District No. C 7 dated January 4, 1968 and recorded In Volume 1531, Page 123 of the Deed Records of = Jefferson County Texas, and passing at a distance of 5,430 99 feet (called 5,431.07 feet) the hereinbefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for n reference at the southwest corner of the said TRACT 196-A tract, and continuing (West) CD along and with the said south line of the PAEDC tract and north line of the Ward tract, a total - distance of 5,545 27 feet(called 5,545.35 feet)to a point for the southwest corner of the said tract herein described, the said corner being the southwest corner of the said PAEDC tract, 1-1 and the said corner also being the northwest corner of the said Ward tract, and the said Cri- D corner being in the easterly line of that certain tract of land herein referred to as the"TRACT 3 A" tract, which said TRACT A tract is so designated and is described in that certain instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated t--i- November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of n Jefferson County, Texas, and the said corner being in the centerline of Rhodiar Gully, O -v `C Page 11 of 13 CD al THENCE North 12° 17' 39"West (called North 11° 54' 13"West) along and with the westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said centerline of Rhodair Gully, a distance of 724.96 feet (called 724 92 feet)to a point for the most westerly northwest corner of the said tract herein described,the said corner being the Omost westerly northwest corner of the said PAEDC tract, and the said corner also being the c most southerly corner of that certain tract of land herein referred to as the"J.L.C. McFaddin" p tract, which said J L C. McFaddin tract is designated"TRACT NO. 12-C"and is described in the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed n Records of Jefferson County, Texas, and which said TRACT NO 12-C is indicated on the fA hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of -t Jefferson County,Texas; 77 = THENCE North 39° 57' 00" East (called North 40° 20' 00" East) along and with the C AD most westerly northwest line of the said PAEDC tract and most southerly southeast line of -t the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a CD 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference at the northwest CD corner of the hereinbefore said TRACT 196-A tract, and passing at a distance of 736.10 feet n (called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" set for O "0 reference at the northeast corner of the said TRACT 196-A tract (and which said 5/8" iron rod with a red plastic cap set for reference is North 37° 58' 15"West a distance of 0.39 feet from a 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference), and continuing (North 39° 5T 00" Ease) along and with the said most westerly northwest line of the PAEDC tract and most southerly southeast line of the J L C McFaddin tract, a total distance of 3,925.49 feet (called 3,925.61 feet)to a 1/2" iron rod found for the most northerly corner of the said tract herein described, the said corner being the most northerly corner of the said PAEDC tract, and the said comer also being the most westerly comer of that certain tract of land herein referred to as the "Barnette - 1483/177" tract, which said Barnette - C 1483/177 tract is described in that certain instrument from Gulf Refining Company to N.K. 4 Barnette, Jr dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed CTRecords of Jefferson County,Texas; p THENCE South 49° 46' 07" East (called South 49° 23' 24" East) along and with the = most northerly northeast line of said PAEDC tract and southwesterly line of the said C") Bartnette - 1483/177 tract, a distance of 1,317 60 feet(called 1,317.54 feet)to a Y2"iron rod C found for an interior corner of the said tract herein described, the said corner being an C interior corner of the said PAEDC tract, and the said corner also being the most southerly -Z. comer of the said Bamette- 1483/177 tract, 0 THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and with the most easterly northwest fine of the said PAEDC tract and southeasterly line of the said 7�' Barnette - 1483/177 tract, a distance of 151 95 feet (called 151.86 feet) to a 5/8" iron rod +—{ with a yellow cap stamped"RPLS 3636"found for the most easterly northwest corner of the r-r r- said tract herein described, the said corner being the most easterly northwest corner of the CD said PAEDC tract, and the said corner also being the most westerly corner of that certain tract of land herein referred to as the "Barnette - 1483/176" tract, which said Barnette - CD 1483/176 tract is described in that certain instrument from Di Vernon McFaddin Cordts rr n joined therein by her husband, Edwin G. Cordts to N K Bamette, Jr. dated October 11, 1966 0 ..< Page 12 of 13 CD coo and recorded in Volume 1483, Page 176 of the Deed "RPLS ds 3of Jefferson636" found County, Te exas, rig and the said 5/8" iron rod with a yellow cap stamped 0 South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said southeasterly line of the Barnette - 1483/177 tract, northwesterly fine of the said Barnette - 1483/176 tract and southeasterly line of that certain tract of land herein referred to as the "LNVA" tract, witch said LNVA tract is described in that certain instrument from Gulf d in ord 5 and recc e Refining Company to the Lower Neches Valley Authority dated April 8, 197 a total dtand in Volume 1876, Page 290 of the Deed Records of Jefferson County,Texas, of 499.44 feet (called 500 00 feet) from a 5/8" iron rod found for the most northerly corner of CD the said Barnette- 1483/176 tract, the said corner also being the most easterly corner of the --c said LNVA tract, and the said corner being in the hereinbefore said southwesterly right-of- 77' way line of Texas State Highway Spur 93, THENCE South 83° 44' 08" East (called South 83° 21' 35" East) along and with the 3 most easterly north line of the said PAEDC tract and southerly line of the said Barnette - (a 1483/176 tract, a distance of 557.12 feet (called 55712 feet) to a 5/8" iron rod found for the r-r most northerly northeast corner of the said tract herein described, the said corner being the 0 most northerly northeast corner of the said PAEDC tract, and the said corner also being the _O most northerly northwest corner of the hereinbefore said Parcel 31 tract,and the said corner being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the said 5/8" iron rod found for corner being South 27° 38' 14" East (called South 27° 11' 44" East) along and with the said southwesterly right-of-way line of Texas State Highway Spur 93, a distance of 499.26 feet (called 499.56 feet) from the hereinbefore said 5/8" iron rod found for the most northerly corner of the Bamette- 1483/176 tract and most easterly corner of the LNVA tract; THENCE South 27° 30' 14" East (called South 27° 07' 03" East) along and with the most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel ca 31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93, a total CD distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and 0 O Containing 297.960 acres(called 297.9732 acres)of land,more or less O a Prepared by Schaumburg&Polk, inc E James Verrett, Registered Professional Land Surveyor No 1781 CD FDr 3 CD C) Page 13 of 13 Ii MwAu - ztmenesi - AMENDMENT NO.2TO COVENANTS AND RESTRICTIONS PORT AkTH1JR BUSINESS PARK WHEREAS,the City of Port Arthur Section 4A Economic Development Corporation (the"P'A)C')filed its ortginai C verts.=and Restrictions.Port Arthur Business Park,dated Nfo+retnber 30, 2005 in the Official Public Records of Real Properly of Iefrsoa County, Texas on or about Tammy 26. 2006, under He No, 2005093269 as t perains to the land described in Appendix`fi`attached hens; WHEREAS, _ nt ri WHEREAS,the PAEDC filed the AmendmentCovenants No. 1 to Cvenas and itestri bona the Official Public Records of Real Property of 7effersoa County.Texas on or about May 10, 2007,under File No,2007017117; WHEREAS,the PAEDC met ere May 7,2012.and agreed to the following amendment to the commas and Restrictions,Port Arthur gutsiness Perk: ii*SSIESSMENT The lessees and private owners of the land in the Business Parts shall pay assessments to the PAEDC for (i) the maintenance of the street signage and landscaping, (ii)the casts to enforce these deed restrictions,(iil)the costs to maintain the Business Park and(in)costs to pgtw de scctuiry services within the Busies Park, such assessmen is shall he a minimum of $500 per acre per year and shall be payable on or before December 31" of each year. Additions',assessmstts,as determined by the PAPDC Board.of Directors shall not exceed the actual proportionate share of the expenditures made by the PAEDC plus a 10%administrative fee, The proportionate share 0411 be the number of aen s owned or teased divided by fist$. Notwithstanding the proportionate allocation of costs see forth in the preceding paragraph, any costs for security sereftxs provided to the Business Nat on or before December 31,2012,shall be paid by PAEDC, WHEREAS,the PAEDC met on lunc 4,2012.and agreed to the following amendment to the Covenants and Restrictions.Putt Arthur Business Park: SITE DEVELQPI ENT • 1att Raq Requireinants Fenci>3g-visible from front of primary decorative iron or as approved by structure constructed on property the PAEDC(no wood or plastic fences permitted) Fencing-visible aiong sides or rear of chain-link or as approved by Mectores coaisinscted on property PA IC(no wood or plastic fences including along any street or right-of-way permitted) NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION that: 1. This Ameridnietlt No. 2 to die C'ovGments and Restrictions,Pon Arthur Business Park,as to the eaoe:Oraetrt,as to assessments and as to site development or approved. 2. The ainendmea t as to avwstrent shall be effective as of January 1,2013,and Ile amendmere as to site development shall be effective woo approval by the City of Port Mthur, Thies, 3, The recitals to this Ameaufinent are incorporated atod fully referenced in this Amendment. ment. 4. Except as amended twteby aid as previously amended by the duly oozed actions of the PAEDC', the Coveriapts and Reatriatimt€, Port Arthur Bwsico s Park arc ratified and affirmed. STONED ANt)AGREED D to on this 2l day of 1a+` • ,2013. Ct#y of Port Arthur Section 4A Eooiae c If a elopweut Corporation DY=.__A4 nt ATTEST Secretary THE STATE OP TEXAS f COUIsITY OP JEFFERSON This instrument was acki wtedged tears m�e,,,1on.theAl day of 1� ,2i013,by Clan s - 9�fSt as Preatdoot and ata,..`tiolt"'.3__ .. ._.... 21-9 Snontery an behalf of City of llon Arthur Section 4A Economic Development Coupo_ n- aarsa.,sd Noel fvi waiy PabIBc,Stale aFT toolitiA talky fµye' Hinny 21,2pie /41)1(7 AberiNe 4ffi oPt ine -no." r 4 LX APPE 'A" 2 297 SO Antt TRACT Oft PARCEL OF1.1010 M OUT OPp��y�SLAM. OP T1tE Wit hfcrA OfN SURVEY.ABSTRACT NO 416, T116T.dNQ RR-BURLY.9ECTION7 NO,5,AHSTTil=f 235, AM3 E T ii Nall R.WOW.SECTION NO 3 TRACT►IO.242 JEPPeRSONCOUNIY,TEX$ r-i Al1 tot driest teck ci prodof 401 ttfro ad bar%ifl laud II Jaen=6`.aYeyi. Yexaik fats of Cr Wht tofeFro:Ott SUMO,.ABSTRACT NO,416.be T.S FLCkRII SURVEY,flecric N fro. 5, ABSTRACT NN0.Z3& and the T.A NAlR-R. SURVEY. 0 SEGT`011 Kt B.ABSTRAcT NO.242.aid paste 41 Mots 14,Taatd IS,Revs le, -0 Betts 14,15 and 16.Rive 0,ad BINA 16 ind 16,Rove Paf lie Lime Cr the Peat -'ic Add(staid Co,sie pier oC velrn+sold eitchocuiti 0 W teecxit k itd roe 1,PON 22 rx tie MO Recordli,thAeltersert Ovally,Tsars,and being I dram of tl attain heft demo dile& 1 iefimed So as fits woF0000l aid acme ha r t kFidd end C tied k 1 deergnsOeC 17fACT Ita, 1(C'ad*des~h that oas►B!retorted fises W P14 McFa59+rt,Jr,KO JLC/ Res Ytteeseuaf the McFaddin Trull in J.L.C.*fad," a McFaddal Hilt*,Pert 1Affed&Minoan,WV It fAtfiditil If,MOrriks MIZ id4tp ward, Crensim 9.Wadden add AI Vaamii fttfaGdi cc WP It k4daddet Jr,and JLG ,� kkfadci n.Jpiri5y,And tomb Mc€ad el W#J.INPik f,Atfaddlni 9.,.1 LC hicra rays Cantles&tarFistin and al Verna/hicFaddrl Ccrelta,jgntly,died Fehwery 26,'MIS rid reexdtd rn Vakt re S52,Vid4 72 trt the Deed Revels of Anima C r Tom,aril ask*,said TRAcTlicjAg is indotseo on ifae ewrn pies aritied PM Tl t'1OI IMF NO S Of The h1grAdpp N TRtJBT FiRopERIY 1k ARTASON C*X fY,lliXAS. -rr said plat RI of mord in Vdu+w 6,Pewit 10 of tie step Reoperts&fien s C itueay,Tams, airs beim a rot of Bet WW1'WI Of tort berm telenad to ee te'OctBr tad,viPtch and Cott!1711St hi ditsco yet at that teem'esseureft km EO Cods,Jr,kndepaderrf of tine Estee Of c Verdi i aol7ae'1 Er to E,r3 Owls,Jr.,t9rieefrr Om m Cods teed Ci rrae i weft,Owed Saptrabof 13,1594 end radrddd tuner's -Z Cede no r,u 04.04.115.23 of the Moil Video Fr om%of Rio Pterewey of Jaf eteon Cooky,Tamer arid the add tialih*le W Welted bah)tart ear's(vein ire( 95!WA tat j LLL twain ain Words to as,fie'PAM'tract wti +vast RAMC tract a Detested ei(hot ceases maoionel t teas 66,Owes.Jr., ,**An Owe Cie Riel. .., Ire Aft= wneke Wets Bdwerdicrs So Pit Actor Economic 0u. f f ,aas4d = G remorr 26 Z601 and model inlet truly Clarks Fie Na.20OtOOTh of the e Ofrdel Putfic �t titds of Rod Ptoperty of Jeffan=OW*. imd Is ear9 rats(oral deccited being MOM palisade yr dairdsed tie follow usaffig at a rcr fed with a Tuxes Deftertrere if TiTailo ro,aCea„a aim-kola gip {51)0T Type I menumorg,1 taritll for he soutriomot wow of to tad na,Y herein Pip 10cf13 Fr eleffeestd,Ito sad comer berQ the ecee tttevet corner*to veld PA>FDC 4id,*fad the ae¢f some eite being the(nest eatlnelty era deveet cow et that ambit List et leaf tveeeln rigno ed St el to INerati S i-tact,elic r 31 told da 44 d ilpnneita erst.t4 g detained ea that DMA rrernirent fie%5-G ,..4,Cot OM Mi Fla and Aloe pewit CANtita Egtiarliftre in jmnprzan C3ast%dated March-15,UN*and Ficardibd C wee County Clore Flis No tttp@fiGilaD Of the MOO iNfilc Woofs of Reef Popov of _ JdkKeen*arty.Ttxein,WO Ivit stet woo airy eh Ate roIh one cif than Mee o tad of 'q hard herein pilau In ea live`total 32.heat.much lad Pirtel 22 teed Is IC dew and k&Bated in than critiN tes tinri l horn The Mode klifi'i>i i Weed heriteoe Fete to Jefferson County,detaf heconbee 12,1V end eemeded osier Ontedy CledKe Fie No 98)334412 d Oft r Rink Rannela d Reel Poverty Of Jeffelefe Cooney,Too*One mild nom WIN soh veering angle sort move to the entereeedde of Tana ante iighway$Gri'27,and iva mkt fidiC1T Thee 1 tkieyemeq if feed Of corer betg Ent feon rrel!@eta of t3aenage-clad Berth Mr 72'rid'r EsaN ekeG end eff h the emit ins esf eye Ned eNOZOC tress,east mirth its of vita Avast 37 froel end meth lini of that who test of Weird hatefn Wooed to es lto'vtl e.tack whit}a nld Mad trod to owanwed qa 41d a daeenbe4t 0 bit nentremi0A'e rtineerted 0 ✓tosturrent=Defied it Velum sat,Pegs 22 d the Oeod Reeder,.of JaNerearn COi N. ▪ flow,end VOA,sod e I ndoited co the her Wormy,rem ism of ▪ rain in Veers 4,Pero 117 of ever Wei Recede of Jelliniotn Wit,If tom,a inlet *Devoe eat 343090 Beet Mud 2,431,Cr WO lam a 5et1`iron reds vtah a yfttoetr cane *wooed MKS 7163@'round kr faisoince 11-ENC West(cefed Not.SIP 37-DV Wed)Oung col Oh to rend Kull the of the PAM hid,wit one of lie Privet 32 VW reds hirt t tee at go Want did,Weir * 4 defame t4'le&2 fore(Witt*11137 tom'er 3111'^bon rod turd to the mg memo, il4eshalmf carve of ale sod Pavel 37 Cat eve sold woo being an toluene angle Mee moor m the tread 1 1th aserft rigkodevery one of Tenn SOO tedneetr firer 93.turd roam etitdedencoc44R74,5t feet Wed 4,t 21seepaNT irso rut Oft aye4au cap Maritived WO'found tee Meow=et the efxalheeat wow evfi ewe cretin Owl of vg+ crush suedes teetered itr se tie'1RvU.T 1ga,#'rect vfit aid nitia.Aftt heel es en destroted ants I drool** in twit out iv auergrread i ti Y �_ trait Di Veneto Wend*taodeieac Nene dlgr EN Arnett Norse*uses Dnevegs MOO No. 7 ed Jaren it a arsd receded iv Vain,t 1, t 1 o by few husband,Oren J.lUxxiettut 10 Seamenff Nam*of 5 Johnson County Fuels.are Cfvseng it a at161Ga4 d BM&B Friel idefild 2;$1.47 ': to herventaitrra earn Srtr eon rod with s Mow»stopped IRKS Sei,turd be n Weevil t CO leritlineed feivlltt Of the end tataijahS Mt.eeftd entitinding hifi e) *nog and obi he nod seven eve el this PMDC tad and roth into evefie Ward hat r meet drelrea of 5346 271est(reit&d 6,343.39 helper poht Wile earV'hwel omen of eve esaJ i-e Wei teem dli rind, is said conk him the scethi eat cOfrer of iris slid PAFDr ilea, Z arts ea sant tamer oleo hang the nrsesMe*wow of to ten ihard track avid the assio. g tomtit haal@ in one eery toe of this airmen trod et fend Moen mitered la es the mitt ;r A`lead.vefedh see TRACT A tool ke so desrtrvolaet and to aligned n the seredn ,fir November leer Cei41 tog tftaeirf,et of lo Mime Cooly Owed*ede fgtesd MT.7 tinted kvember 2.'1.1en led MOM It*etre rote,Pegs Opt of ate Geed Nenorde of 1 'i Jeffeedrr f 7f4.T4at seed TO tar ccone.�f Worn the psr rine of Rt oher Gay, ,�` Rage n of i 3 THE Nuih 12'12-8 18fed(iimd Welt,11'64'17 YMetli stem and with ttea ` weabeerx Ohs of eta led PAEDC fie*214 e3 418104"the of reel TRACT R hest end said wee**ar fitalet ogle.a deism ef 7i ueket(rake 7 422 t NOD 4 plies lof flea mete sisterly tteltewte .rsatme et the met tell hew tlear3 the lute solider elf%the erwesterly r tweet rear dew)aide PAEDC aaet,we lift wed mew elf rw MO id SCTA OV rCtftar'demi oeei*aid 0herein.labeled is es Ms`k.L,C,Mr itttiO eeid a L C.Weft lad es 4serseed.)20 tiD.1F37'Weed a ftestalbltt to the histeineefees referenced i,isfn.iwa remitted in Varna 602,Pose Z2 CO the Died Regatta el JeBereart Crwnty,Thaw,and*WI sari TR4CT NO 12 C■mimed aft tee teeeiri Jefene niferMee lad Ott at woe el velure 2 edge'VW ants 2140 tieo6rata of Jarfeaacte Comte.Taea;. 5 TrieNCE Nc ih a1r V'00`'nett d fiafth 47 27 00'SW along and vet the g rivet~eV netrlkea4t ins of l%mad RAMC VW and mme itei theify amebae'info of itta side LLC McFeeldte tract pig et a alklarits Qf 132 33 feet(allied 0223!a°a flir kin red toil ROM,teal ism!for tell farms et tie neillevets cow tit*herw+iteixd We TRACT 1g8,tlMel me misty at ediit/iru4 44 73.401Yaet {mad 130.8$feretj a&If iron real with a lad Oft MA teirped-SSP INC,out tot ni arenee al the Aortharatt corner d the aid TRACT 1gM hid pod w+t ae 61s'owl end we)a+ud fataatir cIP i0t ICI reigetre06 a NCO 374 ar 13r Wdet rt dklela A of 038 leel reran a Sir a e rase Mint a rti co cep a>elr4aie'RPLS tetwci 16s raleforKe}.Mid eeial UM AVorth W IT Or Erse)Wens serf wntfc the wd meet a esteetg+e rtheeet line el the PAEOC tact sad met 10u2*ty eourtedot lira at the.11.C Mcfalai 1st#,a OW deems 4f 3,02542 final MOW S "t.8t MM)ie a W Omit red bald fore*met ruaa tarty sweeter e1 tyre eaiid feeel he/eh tlewbead,the lane comet tang 694 triOsi heitierty mow d the mid PAEDC heat,and the fare=ref alK tSeamm the wet abeketyreanai let tele 044101 teatit e4 feed hetain Wend 4i is to'Brerrefe=14531t7r free,0211 geld B e mite i-" 14234117 Vert is storm ed of l ee own trefianert krona failiffehtie fir)tb WC. i Etarrsega,Jr doled Oebber 28,1280 and reetznfei it Velum 140.Pei 1n of Itaa NW Records of Jefferson C suety.Pact THENCE Stull 40r 4e or Flat Caged Sguli 49"23'24'E€aat}Meng end will the armee nerVaat 1ferCruei flhe r7f doll MCC eaot Wrte iceeie`a+adarh/Ifie aef the seed e et**•142331177 Mast,a distance 4f 1317 00 trial(tamed t31 i-04 teed}b 1 t.inn rod bone foe tied Meer goer if the ted,ited tweet deed,the ee 4 Derrell ewe an 3 inifelvir comer del,aid pi tract,aald aye said 43111ir ei14 Melees the WOK ai UNN*/ V melee of ifs lard Bermes-1463'1ii'Milt L THP.14GE Komi Ur Or See East{pitied*FAO 3 r flit`hoary along tlrst wah tee his st.aeteily naltnrist free 40 ese led P+EJC leg dead wieeiatbrtl'WO d tee lop Same*-1483i177 Gard a deems of 121 id feed Wad 1I1 JA 14 I tier don red 50 Alit a lefime cm tenet:led'IOU 393I Wed l e the Awe eiski ly sacetaeaear owner d the n. wed trod harm diem-bed,the bete iart4a treatg to inset.alulaai rrvigh,n1t`WNW of lit iel l PAX teed,and rite SW re7terar mho berg the 006f vroeterty comae of islet sertait tract of lard teasel referred to We the'8We b•14 3'17&net.infidel Pad Baatada- a 1483r173 sect a deserted aro led solids irtenearrerit liii pr Vane*MCFaddh Lei no Arad therein la/fleshusband, elf G.Cantu to N K BMW Jr.ddfed fir 11,18 Pain 12 Sat 13 ertid Marled b Vane t4it3,ti 175 tif Bs deed Numb Jeflereae 0 t,fy.Terfes a and the esd 57}'cork fed wdi a Om asp ttarr S bard be=ler howQ 5 0r 40 11' 19'Wad (MOO Smith 40' 22. 04' W141) a0 Mb the sass 1 pm matitAisterty'm d are mom back of bed hulk vellertedb Bs Bit '4l4VA'beed,wt ett Nei LNWA lfacl K dammed ii tee crertlkl Hebrew*then Oi f. ch ry to be 44na+f+f hau It.My Meaty ChM A 5.1V1 end nirturded to *Beni 13M(sage 2p0 alto bead%ced a of AbittC4i Gactfy.Usk a b l&isms of 4112A4 bee NOW 500 m km)foam a sc'.an rod ttomd Mar ilr wad ow**tamer of be bed lieeeu6=14aa17a beet be sad write Ike be eteit meaty edriter ors* Ned 1.M4'A beck Ind the lad mercer ben JI the will way lineoTeffis Mete 14dieekorScett THENCE&Am d3*44`cir Eaet Named/klub 53'21 26 Emit}abaci set tiral Ms nreg aMderfyt earth ins ai be eeel t*AEflC trod:tnd tee+tr++e'dgr Bibb sad Brtx& 1482e'1hi teal.a dermrree ref S57,12 feet Wed 46712 feet)trr a 1F ball rad bared 4 *ia errOht nordserty craftiest corns ochre tab tad limb dsronbas3,the abrl mow herd the need reorpeetty reeved tow dies via MPt1C treti,end to axed cows also babe;the treat*savoy mask*a0mlydt 1hs h fixs Ise Pelmet 31 brad,art ire sift GotNW belMi in the Peak;ersdieae3sdyr rriglsaievy libe of Texte Mt Hirthirr 93.sad be eakt$Sr eon red ferUd ier corner Niko Basel 2T`9r 14`Ewer(cart scab '14'44' East)swig wet WIC the rid eerdiwwitRty rightiekety Ina cef nre Shea Washe?sew 24,I it ld. 4 020 lest wed*AGM fen)Strn the hetaedeek=eat Set'Peen mil btu'for Tf*mitt t wag*wings d the karridte-14$9J47a t ui.end maal*e.eerty earner dew te A eget ThtliNCE wee)ZT 3d 14'Etut(tared 3 i 27'07 0r€aa01 etc%and nth the trod emir"'welded heed in e d the seed PAEcic Eno,oatittimatey Om of tn.soldtatical 3t sect aced sort keit of Tiew%s He4*ty Sox a iottf of 7 ,3a r.at. 3,264 40 hat)b the Rot 01 ,g ant 3 nordeir'zi Virt.F *Oft(w W 23F:9732 same)d iene,INNE or leas Prepped by Sch*stete Pet fnt > banes 1f area 0.japilaed Prat mil Lead U rose;tto 1731 3 ttr I've 13 of ri 4 OS. iq - 3,6)/71 Interoffice MEMORANDUM lo- Mayor.City Coi,City wore 1-roaa: Floyd 13stisto.CEO es +� bqf k Date. Judy 18.2012 Nubamr P.R.No-170153;Council Mcc1ingof July 24s 2012 Attached is P.R No, 17053 approving Arnend.^oort No.2 as t1 Con is eis4 Rostictioos of the City of Port Ajufi Section 4A Economic bevelopn wnt Cntpasation Spur 93 Business Park. FILED AND RECORDED arTsct*.s1B11-Ze alcoms 011 Jut ea„ai ea PI1 Nalate ViunalaN 04 ei easeasN 9. WARY.460NIT Le ow- II HI A II a111111W .II 7MDGS 2016019323 AMENDMENT NO.3 TO COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") filed its original Covenants and Restrictions, Port Arthur Business Park, dated November 30, 2005 in the Official Public Records of Real Property of Jefferson County, Texas on or about January 26, 2006, under File No. 2006003269 as it pertains to the land described in Appendix"A"attached hereto; WHEREAS, the PAEDC filed the Amendment No. 1 to Covenants and Restrictions in the Official Public Records of Real Property of Jefferson County, Texas on or about May 10, 2007,under File No.2007017117; WHEREAS, the PAEDC filed the Amendment No. 2 to Covenants and Restrictions in the Official Public Records of Real Property of Jefferson County, Texas on or about July 9, 2014, under File No. 2014021739; WHEREAS, the original deed restrictions stated the following as to prohibited occupancies: PROHIBITED OCCUPANCIES Specifically prohibited uses include manufacturing and process operations that transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or discharge a waste stream that is not acceptable (due to content or volume) for the City's sanitary sewer system. Any use that requires on site treatment of waste in order to meet the above requirements will be allowed only on the basis of a special use permit from PAEDC, the City of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC, be granted, conditional upon continued and demonstrative conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination of a special use permit will require the user to immediately cease all on site processes that generate or contribute to the subject waste stream. In addition, all exterior site uses including parking areas,truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. #1271702 RECEIVED JUL 052016 e WHEREAS,the PAEDC met on April 11, 2016, and herein desires to amend the Deed Restrictions, and does herein amend the Deed Restrictions so that the following prohibited occupancies restrictions apply: PROHIBITED OCCUPANCIES Specifically prohibited uses include slaughter houses and meat packing plants. Specifically prohibited uses further include other manufacturing and process operations that transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or discharge a waste stream that is not acceptable (due to content or volume) for the City's sanitary sewer system. Any use that requires on site treatment of waste in order to meet the above requirements will be allowed only on the basis of a special use permit from PAEDC, the City of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC,be granted, conditional upon continued and demonstrative conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination of a special use permit will require the user to immediately cease all on site processes that generate or contribute to the subject waste stream. In addition, all exterior site uses including parking areas,truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. NOW, THEREFORE, BE IT RESOLVED BY FHE BOARD OF DIRECTORS OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION that: 1. This Amendment No. 3 to the Covenants and Restrictions, Port Arthur Business Park, as to the amendment, as to assessments and as to site development or approved. 2. The amendment as to assessment shall be effective as of May 1, 2016, and the amendment as to site development shall be effective upon approval by the City of Port Arthur, Texas. 3. The recitals to this Amendment are incorporated and fully referenced in this Amendment. 4. Except as amended hereby and as previously amended by the duly noted actions of the PAEDC,the Covenants and Restrictions, Port Arthur Business Park are ratified and affirmed. SIGNED AND AGREED to on this (Oy of u,Nsi__ , 2016. City of Port Arthur Section 4A 41271702 Economic Development Corporation By:j"-A/X10-4-tif41 Pre ld nt ATTEST: Secretary THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of 9-apt..e— ,2016,by 1t�y.t.:d HD/rnts as President and Langston / d in.S as Secretary on behalf of City of Port Arthur Section 4A Economic Development Corporation. ON RACHEL A JACQUET 4 MY COMMISSION EXPIRES ,'" 1' JUNE 10,2019 (� ` Notary Public,State ex #1271702 .. RI .VED 06/21/2016 14:48 4098392394 COIr<JTYCI�RK Fax Server 6/21/2018 2:42:28 PM PAGE 003/006 Fax Server CD N APPENDIX"A" O = C7 DESCRIPTION OF A 0 297 960 ACRE TRACT OR PARCEL OF LAND C OUT OF AM)FART OF �. THE WM.McFADDIN SURVEY,ABSTRACT NO 416, THE T.&N O R.R.SURVEY,SECTION NO.5,ABSTRACT NO.238, C" AND THE T &N.O.R R.SURVEY,SECTION NO 9,ABSTRACT NO.242 R., JEFFERSON COUNTY,TEXAS 6-4 AUGUST 2.0,2001 3 AE that certain tract or parcel of land lying and being situated in Jefferson County, rt Texas,parts of the WM. McFADDIN SURVEY,ABSTRACT NO.416, the T. &N.O.RR SURVEY, SECTION NO, 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY, r SECTION NO.9,ABSTRACT NO.242,and being parts of Blocks 14,15 and 16,Range N, Biopics 14,15 and 16,Range 0,and Bloats 15 and 18,Range P of the(.ends of the Port -< Arthur Land Co,the plat of which said eubdrvtsron is of record In Volume 1,Page 22 of the Map Records of Jefferson County,Texas,and being a part of that certain tract of land herein referred to as the"McFadden and Cordte lead,which said McFaddin and Cordes tract Is designated VTRACT NO.1&C"and a described In that certain instrument from W P H McFaddin,Jr,and J.L.0 McFaddn,as Trustees of the McPaddrn Trust to JLC.McFadden. Di MoFaddin Houk,Pony McFaddhr Duncan,W P H.McFadden Jr.Matrue MCFaddin Ward, Carnelia B. McFaddin and Di Vernon McFaddin Cordes,W.P N. McFaddin Jr.,and JLC McFaddin,jointly,and Mamie McFaddin Ward,W P H.McFaddin,Jr.,J LC McFac ,and CLa D Cameia B.McFaddln and Pi Vernon McFaddin Cordts,jointly,dated February28,1948 and recorded in Volume 692,Page 22 of the Deed Records of Jefferson County,Texas,and fib which said TRACT NO.16-C is indicated on that certain plat entitled"PARTITION MAP NO 0 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,TEXAS. "wfnldn O said plat a of record in Volume 8,Page f 10 of the Map Records of Jefferson County.Texas, and being a part of that certain tract of land herein referred to as the"Cordes"tract,which said Cordes tract Is described in that certain instrument from E.G Cordes,Jr.,independent C motor of the Estate of Di Vernon McFaddin Bedy to E.G Cordes, Jr., Co1een Crave D Cordts and Anna Camelia Cordts,dated September 13,1994 and recorded under County Cleric's File No 94-9432523 of the Official Public Records of Real Property of Jefferson t7 County,Texas,and the said tract herein described being that exact same carton tract of it- land herein referred to as the"PAEDC"tract,vthich said PAEDC tract Is described in that R.- certain instrument hors E G. Cordts, Jr., Colleen Glare Cordts Woe, .., and Anna Cornelia Cordes Edwardson, to Port Arthur Economic de N�7 Corporation,dated r February 28,2001 and recorded under County fficial al Public Records of Real Property of Jefferson County, Texas, end the said tract herein described being more particularly described as follows: cur EQINCf1NG at a iron rod with a Texas Department of Transportation aluminum cap (fxOOT Type 1 Monument) found for the southeast comer of the sad tract herein Page I0 of 13 1 RI ,.VED 06/21/2016 14:48 4098392394 COUNTYC ERK Fax Server 6/21/2018 2:42:29 PM PAGE 004/008 Fax Server described,the said corner being the southeast corner cornerof the saidhat o6A8nD trod as land theC tract,and h said O also being the most southerly southwest 0 referred to as the Tweet 31"tract,which said Parcel 31 tract Is so designated and is descried m that carton instrument from E.G Cordis, Jr,Colleen Clare Cordts Rice and gl Anna Ca relia Cordts Edwardson to Jefferson County,dated March 15,1999 end recorded under County Clerks File No 1999009190 cite Official Public Records of Real Property of aJefferson County,Texas,and the said corner being in the north line of that certain tract of -q land herein referred to as the"Parcel 32"tract,which said Parcel 32 teat Is so designated t7 end I8 described in that certain instrument from The Mamie McFaddin Ward Heritage Foundation to Jefferson County,dated December 12, 1996 end recorded under County aeries File No 96-9638512 of the Official Pubic Records of Red Property of Jefferson County, Texas, the said corner being an interior angle potnt � corner In the� M nght-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument CCD found for corner being East(Assumed Bass of Bearings-called South 89°37'00"East) `'r along and with the south tine d the said PAEDC tract,seal north line of the Parcel 32 tract fi and north line of that certain tract of land herein referred to as the'Ward"tract,which said Ward tract is designated"TRACT NO.19 C"and a described m the herernbetare referenced instrument recorded le Volume 692,Page 22 of the Deed Records of Jefferson County, "§) Texas,and which said TRACT NO.19-C is indicated on the harernbefore referenced plat of -C record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas,a total distance of 5,430.99 feet(called 5,431.07 feet)From a 5fti" iron rod with a yelow cap stamped"RPLS 3636 found for reference; 'HENCE West(called North 89°3T 00"West)along end with the said south tine of the PAEDC tract,north line of the Parcel 32 tract and north line of the Wald tract,passing at a distance of 16 02 feet(called 16.92 feet)a 518"Iron rod found for the most northerly northwest corner of the said Parcel 32 tract,the said corner being an exterior angle point '-+ corner in the said southwesterly right-of-way tine of Texas State Highway Spur 93, and a, passing at a distance of 4,938.57 feet(called 4.939 91 teen)a 5(8"iron rod with a yellow cap CD stamped "RPLS 3636°found for reference at the southeast corner of that certain tract of land herein referred to as the"TRACT 196-A"tract,which said TRACT 196-A tract a so O designated and is described in that certain instrument (titled 'J IGf{[-0F.W6Y m EASEMENT")from Di Vernon McFaddln Kibodeaux,formerly Di Vernon McFeddin Cordts, glamed therein by her husband.Oren J.kbodesux to Jefferson County Drainage Dwtnet No. c 7 dated January 4, 1968 end recorded In Volume 1531,Page 123 of the Deed Records of = Jefferson County Texas,and prising at a distance of 6,430 99 feet(called 5,431,07 feet) the hereinbetore said 518" iron rod with a yeeow cap stamped "RPLS 3( torrid for CI reference at the southwest corner of the said TRACT 190-A tract,and continuing(West) Fr: along and with the said south line of the PAEDC tract and north line of the Ward tract,a total distance of 5,545 27 feet(called 5,546.35 feet)to a point for the southwest comer of the said tract heren described,the said corner being the southwest corner of the said PAEDC track r"r and the sad corner also being the northwest corner of the said Ward tract.and the said corner being in the easterly Ina of that cartoon tract of land harem referred to as the'tRACT A" tract, which said TRACT A tract a so designated and is described in that certain in m struent from Darting Waver, et el to Jefferson County Drainage District No. 7 dated r�-r November 22. 1971 and recorded In Volume 1727, Page 481 of the Deed Records of 6) Jefferson County,Texas,and the said corner being in the centerline of Rnodrar Gully, Page 11 of 13 RI_ _VED 06/21/2016 14:48 4098392394 COUNTYCLFRK Fax Server 6/21/2016 2:42:29 PM PAGE 005/006 Fax Server u fD L41DD THENCE North 12°1T 39'West(called North 11°64'13'West)along and with the tti westerly line of the said PAEDC trail,the said easterly bee of the TRACT A tract and said 0 centerline of Malay Gully,a distance of 724.96 feet(called 724 92 feet)to a point for the most westerly northwest corner of the said tract herein described,the said corner being the r most westerly northwest corner of the said PAEDC tract,and the sad corner also being the c most southerly corner of that certain tract of land herein referred to as the°J.L.C.McFaddenn" a tract,which said J t.C.McFaddm tract a desgnated'TRACT NO.12-C"and is descried in the heretnbefore referenced instrument recorded to Volume 692, Page 22 of the Deed r7 Records of Jefferson County,Texas,and wtuch said TRACT NO 12-C is indicated on the g herelnbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas; THENCE North 39°57'00'East(called North 404 20'00"East)along and with the most westerly northwest line of the said PAEDC tract and most southerly southeast line ct CD 3 the said J.LC.McFadden tract,passing at a distance of 132.53 feet(called 132.53 feet)a 5/8'lion rod witty a yellow cap stamped"RPLLS 3636'found for reference at the northwest ram+ comer of the herernbefore said TRACT 196-A tract,and passing at a distance of 736.10 feet g (called 735.85 feet) a 5/8" ion rod with a red plastic cap stamped 'S&P INC" set for reference at the northeast comer of the said TRACT 198-A tract(and which said 5/8"iron -< rod with a red plash°cap set for reference is North 37°68'15'West a distance of 0.39 feet from a 5/8" iron rod with a yellow cap stamped"RP1-S 3636°found for reference),and continuing(North 39'57'00"Ease)along and wet the said most westerly rroithwest Me of the PAEDC tract and mod southerly southeast line of the J L C McFaddenn tract,a total distance of 3,925.49 feet(called 3,925.81 feet)to a'N'lion rod found for the most northerly corner of the said tract herein described,the said corner bating the most northerly corner of the said PAEDC tom,and the said corner also bong the most westerly goer of that certain tract of land herein referred to as the'Barnette- 1483/177"tract,which said Barnette L. 1483/177 tract IS described in that certain instrument from Gulf Refining Company to N.K [D Barnette,Jr dated October 24, 1955 and recorded In Volume 1483,Page 177 of the Deed Records of Jefferson County,Texas: THENCE South 49°46'07'East(caned South 49°23'24'East)along and with the = most northerly northeast Tine of sad PAEDC tract and southwesterly line of the said 6 Barinetts-14831177 tract,a distance of 1,317 60 feet(celled 1,317.54 feet)to a l4"aeon rod G found for an interior corner of the sad tract herein deserted, the said comer being en M Irrtenor corner of the said PAEDC tract and the said corner also being the most southerly --Z comer of the said 6emeite-1483/177 tract [7 THENCE North 40°07'513"East(called North 40°33'04'East)along and wdh the N most easterly northwest line of the said PAEDC tract and southeasterly line of the said R' Barnette-1483/177 tract,a distance of 15195 feet(called 151.86 feet)to a 5/8"ran rod 1-4 with a yellow cap stamped'RPLS 3638'found for the most easterly northwest corner of the re said tract herein desonbed,the said corner being the most easterly northwest corner of the lD said PAEDC tract,and the said corner also being the most westerly corner of that certain Ntract of land herein referred to as the'Barnette- 1483/178' tract, which said Barnette• re 1483/178 tract is described in that certain instrument from Di Vernon McFaddh C,ordts joined therein by her husband.Edwin G.Cordts to N K Barrette,Jr.dated October 11,1958 "g) Page 12 of 13 R. :VED 06/21/2816 14:48 4098392394 COUNTYCLFRK Fax Server 6/21/2016 2:42:29 PM PAGE 006/006 Fax Server • Lj NTexas, dr and recorded in Volume 1483,Page 176 of the peed Records Jefferson tor . being rMr and the said 61S'iron rod with a yellow cap stamped R QB. South 40° 11' 19' West (called South 40° 33' 04" West) along on the said thearid withsaid southeastarty line of the Barnette-1483/177 trail, of lend herein referred Barnette tl�e b 14831176 tract and sauthaastesiy line of that certain __ from Gulf c VIVA" tact, which said LNVA tract is described in d at ted April B.�aentr�ed In M Relining Company to the Lower Neches Valley Authority Volume 1876,Page 290 of the Deed Records of Jefferson County,Texas,a total distance of n 499.44 feet(called 500 00 feet)from a 5/8"on rod found for the most northerly corner of ro the said Barnette-1483/176 tract,the said comer also being the most easterly comer of the X said LNVA tract,and the said corner being in the hereinbefora said southwesterly rig way line of Texas State Highway Spur 93, THENCE South 83°44'08'East(called South 83°21'35"East)along and with the Fit; easterly north line of the said PAEDC tract and southerly tine of the said Barnette CD1483/176 tract,a distance of 557.12 feet(called 55712 feet)to a 5/8"Iron rod found fa the rr most northerly northeast corner of the said tract herein described,the said corner being the n most northerly northeast corner of the said PAEDC tract,and the said corner also being the - corner D most northerly northwest comer of the herernbefore said Parcel 31 tract,and the -< being In the said southwesterly right-of-way line of Texas State Highway Spur93, and the said 6/8"Iron rod found for corner being South 27°38'14'East(called South 27°11'44' East)along and with the said southrlrestsrly right of-way line of Texas State Highway Spur 93,a distance of 499.26 feet(called 499.56 feet)from the herembefore said 5/8"iron rod found for northerly comer of the Barnette-1483/176 tract and most easterly corner of the LNvA trect; THENCE South 27°30'14"East(called South 27°07'03'East)along and with the Le easterly northeast line of the said PAEDC tract,southwesterly line of the said Parcel 31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93,a total Mdistance of 3,294.33 feet(called 3,294 40 feet)to the Pont of Beginning and M 'Containing 297.960 acres(called 297,0732 acres)of land,more or less Prepared by _.� Schaumburg&Polk,Inc E. James Verret CRegistered Professional Land Surveyor No t7B1 R" GERM PLLC s KATE LEVERETT P.0, BOX 4915 1311 rt BEAUMONT r TX 77704 o FILED AND RECORDED Page 13 of 13 OFFICIAL PUBLIC RECORDS ifs' " X g O� O� Carolyn L. Guidry, County Clerk Jefferson County, Texas June 23, 2016 03:40:54 Pry FEE: $50.00 2@160' EXHIBIT "C" Parkers Building Material: 5% Port Arthur Mid County Land Development(dirt and rock): 15% Port Arthur Cowboy Concrete: 30% Port Arthur Electrical Specialties: 15% Beaumont Hanson Plumbing 5% Beaumont Action Investment and Construction: 15% Kirbyville Remaining is misc.labor: 15% Beaumont (Provided by Buyer's employees) NOTICE TO PURCHASERS The real property,described below,which you are about to purchase is located in the Jefferson County Drainage District No. 7. The District has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date,the rate of taxes levied by the District on real property located in the District is $0.320573 on each $100.00 of assessed valuation. If the district has not yet levied taxes,the most recent projected rate of debt service tax, as of this date is$ N/A on each$100.00 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity,which has been approved by the voters and which has been or may, at this date,be issued is$0.00. The District has $11,750,000 in aggregate principal amount of maintenance notes which are payable from any lawfully available funds of the District, including the proceeds of maintenance taxes. The District has the authority to adopt and impose a standby fee on property in the district that has water, sewer, sanitary, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The District may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $ N/A . An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the District stating the amount, if any,of unpaid standby fees on a tract of property in the District. The District is located in whole or in part in the extraterritorial jurisdiction of the Cities of Nederland, Groves, Port Neches, and Port Arthur, Texas., Texas. By law, a district located in the extraterritorial jurisdiction of a municipality may be annexed without the consent of the district or the voters of the district. When a district is annexed,the district is dissolved. The purpose of this District is to provide drainage and flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of the utilities facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: See Exhibit"A" attached hereto and made a part hereof by this reference. --signature page follows-- NOTICE TO PURCHASERS PAGE 1 SELLER: PORT ARTHUR ECOMONIC DEVELOPMENT CORPORATION By: Name: Title: DATE: PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. PURCHASER: BISHOP 1, LLC By: Jared Bishop, Managing Member NOTICE TO PURCHASERS PAGE 2 EXH BIT"A" Block 7 of the Replat of the Amended Plat of Port Arthur Development Corporation Business Park Subdivision recorded under County Clerk's File No. 2014038835 in the Official Public Records of Jefferson County, Texas, and being Jefferson Central Appraisal District Parcel No. 93243 as shown on the attached Exhibit"A-1", incorporated herein by reference. o o, va z a, w0 vV Y EXHIBIT "A-1" m y L T C > O Os' J Os' aci O O a') _ii 0 Hcn a � r der.: , , $r � - .x:, t A Cr„ - E < 'n A w 5 r. co ,.-.. '-,--- - Ai'' 4011v.: - * - .iT, if :r r i , P . 1 may, 4 '.r rs h .1 ��G- XT= ,y y 9k r 3 " '1 s M N v U. . T. , It ..,.. ,,, ., s Q kJ QQ ».ter r *� .R' .,s Q N M - ,„[-11' ' N M tri t, a C i a 3 . 11i I III IIIHIIIIIII1IIIIIJI II IIII RST 2006003269 15 PGS COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK 1 i/30/05 GENERAL The City of Port Arthur Section 4A Economic Development Corporation(PAEDC)is the owner of the Port Arthur Business Park(Business Park). PAEDC has determined that it is in the best interests of the City of Port Arthur, PAEDC, the Business Park and its future occupants to adopt the following provisions restrictions and covenants to control the development within the business park. CONDITIONS OF SALE Each parcel sold or conveyed to a user by PAEDC is for the purpose of development of facilities and occupancy by a user. Development of facilities (buildings) for user occupancy must be completed within eighteen months of purchase. If there is an incentive agreement with the PAEDC, the construction must be completed within the timetables of the incentive agreement. If construction has not been completed in the period specified,PAEDC shall have the option to repurchase the property on the basis of reversing (or rescinding) the terms of the original sale, including price. This option may be exercised at any time subsequent to the failure of construction to be completed by the specified date. Exercise of the option will be by formal action of the PAEDC Board. Delivery of written notice of exercise of this option shall be the cause of an immediate halt to actions to develop the parcel by the parcel owner. - If the owner or lessee of property in the Business Park wishes to sell or assign the property to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of Directors,with such approval not to be unreasonably withheld. The owner or lessee shall present information as to the financial and credit information as to the new buyer or assignee and such other information as reasonably requested by the PAEDC Chief Executive Officer(CEO). The new owner or lessee shall be required to assume the obligations in the incentive agreement, with such changes as are approved by the PAEDC Board of Directors. If the owner or lessee wishes to subdivide and sell or assign only a portion of its property to a third party, the owner or lessee shall obtain the approval of the ?AMC Board of Directors which can deny the request at its discretion. At the discretion of the PAEDC, the PAEDC shall have a first option to repurchase said undeveloped portion for the same cost as delineated in the incentive agreement or sales agreement and in such additional reasonable amounts as to reimburse the owner for monies that he has expended in maintaining said portion of the property. In such case, PAEDC shall have 90 days to notify the owner of its decision in regard to this option. Page 1 of 13 LEGAL DESCRIPTION The Port Arthur Business Park includes all land as described in Appendix A,and on such other property as approved by PAEDC. TERMS AND DEFINITIONS For the purposes of these covenants and restrictions, certain terms, phrases, words and their derivatives shall have their meaning as specified in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Ninth New Collegiate Dictionary, Copyright 1987, shall be considered as providing ordinary accepted meaning. (1) Board. City of Port Arthur Section 4A Economic Development Corporation Board of Directors. (2) Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire,each portion so subdivided maybe deemed a separate building. (3) City council. The governing and legislative body of the City of Port Arthur. (4) District. A section of the City of Port Arthur for which the regulations governing the height,area or use of the land and buildings are uniform. (5) Height. The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level,whichever is higher, to (1) the highest point of the roofs surface if a flat surface; (2)to the deck line of mansard roofs;or(3) to the mean height level between eaves and ridge for hip and gable roofs, and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers,ornamental cupolas,domes or spires and parapet walls not exceeding ten feet in height. If the street grade has not been officially established,the average front yard shall be used for a base level. (6) Lot. Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under these covenants and restrictions and having its principal frontage upon a public street or officially approved place. (7) Occupancy. The use or intended use of the land or buildings by proprietors or tenants. (8) Planning and zoning commission. The agency designated in the City Charter as the planning commission and appointed by the city council as an advisory body to it and which is authorized to recommend changes in the zoning ordinance. (9) Parking lot or structure, commercial (motor vehicle). An area or structure devoted to the parking or storage of motor vehicles. May include, in the case of a parking structure only, a facility for servicing of motor vehicles provided such facility is primarily an internal function for use only by motor vehicles occupying the structure and creates no special problems of ingress or egress. (10) Structure. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. Page 2 of 13 (11) Yard. An open space other than a court, on the lot in which a building is situated and which is not obstructed from a point 30 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar features and for the usual trees and landscape planting. (12) Yard,front. An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the front face of the building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. The front face of the building shall not necessarily be determined by the primary access to the building or any unit therein. (13) Yard, rear. An open, unoccupied space, except for permitted detached accessory buildings, trees and planting, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line. (14) Yard, side. An open, unoccupied space or spaces on one or two sides of a main building situated between the building and a side line of the lot and extending through from the front yard to the rear yard.Any lot line not the rear line or a front line shall be deemed a side line. REVIEW AND APPROVAL OF USES AND IMPROVEMENTS All uses that occupy parcels and all facilities and improvements constructed in the park (including all alterations and additions to the site and such facilities and improvements) shall be subject to approval by PAEDC and may require approval by the City of Port Arthur. PAEDC and the City may at their sole discretion involve other parties in the review of proposed uses and improvements. In cases where specialized evaluations are deemed necessary, PAEDC may require a fee to cover the cost of the services of consultants engaged to perform these evaluations. No construction may be initiated upon any parcel in the Business Park until approval has been granted by PAEDC (and where required,by the City of Port Arthur). Failure of the user of a parcel to seek approval for development plans in a timely manner will not be the basis for granting an extension as to the timetable for construction. Approval means formal action by the PAEDC Board, (and where required by City Council of the City of Port Arthur) and the receipt of written confirmation of approval from a competent authority of these bodies. Application for approval shall be made in writing and must contain all submission requirements specified by PAEDC. Such requirements will include site plans, building plans and specifications, and other such information as PAEDC and the City may request. Page 3 of 13 PERMITTED OCCUPANCIES Sites and facilities within the Business Park may be occupied by the uses specified in the following chart(Parcels are as designated on the Business Park Final Plat). Parcels I, 2, 3, 5, 7 & 9—Office, warehouse,distribution, light fabrication and assembly, recycling,manufacturing and other approved uses. Parcel 4&8 —Office and other approved uses. Parcel 6, 10 — Warehouse, distribution, manufacturing, assembly and other approved uses. Other uses may be approved by PAEDC at its sole discretion which includes career centers and other types of development as approved by the PAEDC and as authorized by State Law. All occupancies permitted may be subject to additional restrictions imposed as a result of review of user applications provided that such specific requirements are intended to implement the restrictions previously established by the PAEDC in these Covenants and Restrictions or subsequent amendments. PROHIBITED OCCUPANCIES Specifically prohibited uses include manufacturing and process operations that transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or discharge a waste stream that is not acceptable(due to content or volume) for the City's sanitary sewer system. Any use that requires onsite treatment of waste in order to meet the above requirements will be allowed only on the basis of a special use permit from PAEDC,the City of • Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC, be granted, conditional upon continued and demonstrative conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination of any permit required by any regulatory agency(including the City)will require the user to immediately cease all onsite processes that generate or contribute to the subject waste stream. In addition, all exterior site uses including parking areas, truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. • Page 4 of 13 CONSTRUCTION STANDARDS,CODES AND ORDINANCES All improvements constructed in the Business Park shall meet or exceed the standards and ordinances of the City of Port Arthur, State of Texas statutes and regulations, and national standards. It shall be the duty of the user of any parcel in the Business Park to conform to such requirements and to obtain all approvals and permits granted by governing authorities. Such requirements include but are not limited to City Building Permits and Iocal drainage, environmental and utility requirements. Review and approval by PAEDC and the City of Port Arthur under the above provisions for Review and Approval of Uses and Improvements does not relieve or mitigate in any way this separate duty of the user. The owners or lessees of the property shall take such precautions as to commence and complete the improvements wherein laborers, subcontractors and contractors are promptly paid with no materials and mechanic's liens being filed on the property. Prior to commencing construction, the owner or lessee shall provide to the PAEDC such evidence of financial ability to complete the project, which may include letters of credit, and contractor's performance bonds and payment bonds. PROPERTY MAINTENANCE Owners and Users of parcels and improvements shall perform regular and routine maintenance on these properties: Undeveloped parcels shall be kept mowed and free of debris. Developed parcels (including site and facilities) shall be maintained in a manner consistent with the users' approved proposal for use and improvements. Lawns•and landscaping shall be kept free of overgrowth, trash and debris. Parking or storage of vehicles, equipment or materials in areas other than approved outdoor storage is prohibited. Areas shall be maintained free of trash, sediment,debris,and abandoned or unsightly equipment. Outdoor storage areas other than those approved by PAEDC are prohibited. Approved outdoor storage areas shall be well maintained and shall be kept neat and orderly in appearance. Only materials and equipment that are in active use at the site may be stored on site. Storage of derelict or junked materials, equipment or vehicles onsite is prohibited. Buildings and other structures shall be kept in an attractive condition. Exterior surfaces shall be washed and painted as required to maintain a fresh appearance. Exterior materials that deteriorate shall be replaced. No open burning of rubbish is permitted on the site. All waste material shall be confined to trash receptacles in approved and screened locations for removal from the site. In case of fire or damage from other causes, the owner or lessee shall restore the improvements within nine(9)months unless granted an extension by PAEDC. Page 5of13 INSURANCE The lot owners and lessees shall maintain casualty insurance in an amount sufficient to replace the buildings. A copy of the certificate of insurance shall be given to the PAEDC and the PAEDC shall be listed as an additional insured. If the lot owner or lessee fails to maintain or pay for the insurance, the PAEDC (in its sole discretion)may pay for the costs thereof, assess the lot owners and lessees,and file liens. ASSESSMENT The lessees and private owners of the land in the Business Park shall pay assessments to the PAEDC for the maintenance of the street signage and landscaping, the costs to enforce these deed restrictions,and the costs to maintain business park, such assessments shall be a minimum of $200 per acre per year and shall be payable on or before December 31st of each year. Additional assessments, as determined by the PAEDC Board of Directors shall not exceed the actual proportionate share of the expenditures made by the PAEDC plus a 10% administrative fee. The proportionate share shall be the number of acres owned or leased divided by 246. CONTINUATIONS,AMENDMENT AND VARIATION OF COVENANTS AND RESTRICTIONS These covenants and restrictions shall remain in force on all parcels and shall be binding on all current and future owners and lessees of parcels within the Business Park. Variation in these covenants and restrictions is limited to one of the following methods: PAEDC (subject to the approval of the City of Port Arthur)may from time to time amend the provisions,covenants and restrictions. PAEDC may in its sole discretion grant variances to these provisions, covenants and restrictions as a part of the approval of the Review and Approval of Use and Improvement process. Such variances must be requested in writing by the user of the parcel. PAEDC will notify all adjacent parcel owners of the request for variation by posting such notice and will receive and consider comments from such parcel owners in evaluating such variances. It is the intent of PAEDC to maintain the general character and intent of the provisions,covenants and restrictions and to comply with Article 5190.6 V.T.C.A. Page 6 of 13 SITE DEVELOPMENT Building sites of individual users must be planned to have an attractive image and must be well maintained. The following requirements shall apply to the development of sites within the Business Park: Cjiteuog RequireMents Set Backs Building Street Frontage 45 feet Side and rear lot lines 15 feet Paving Street Frontage 20 feet Side and rear lot lines No requirement Landscaping All non paved areas Maintained lawns Street Fronts e 1 tree per 100 feet of frontage—2 inch caliper Paving Parking Automobile Concrete Trucks and Trailers Concrete Aprons and maneuvering areas _ Concrete Access and Entry As approved by PAEDC May not conflict with street traffic or access to adjacent sites. Utilities All connections and service underground and; • Equipment (transformers etc.) screened from public view Outdoor Not allowed forward of the line of the building face Yards and Fully screened from frontage with berms, planting or Storage walls constructed in conformance with standards for Ares _ _ front face of buildings Area Parcels 1,2,3, 5, 7,9 No larger than the area of the building Limitations Parcels 4, S Not permitted Parcel 6, 10 No limit Fencing Side and rear yards only Visible from Street Decorative iron or as approved by PAEDC (no wood fences permitted) Side and rear Chain link'or as approved by PAEDC (no wood fences permitted) Ancillary Structures and Equipment Constructed to meet applicable building standards Tanks, trash receptacles and other equipment screened from public view Mail boxes as approved by PAEDC Flagpoles as approved by PAEDC Lighting Pole or building mounted lighting All lighting will be natural in color (no uncorrected high pressure sodium fixtures) Lighting must be controlled to prevent glare as seen from adjacent public ways and adjacent properties Page 7of13 Drainage Surface drainage must be controlled within site boundaries. _ Discharge into drainage ways as approved by responsible authorities. Signage All signs must be approved by PAEDC Maybe internally or externally illuminated May not be animated Site Mounted Signs Maximum of 6 feet in height Base no more than 2 feet above ground No closer then 10 feet to property line Compatible with building color and materials Integrated and compatible with landscaping Building Mounted Signs Not painted on building May not extend beyond building profile Must be compatible is size, color and material with building BUILDING DESIGN AND CONSTRUCTION Building design including all exterior materials and colors must be attractive,compatible with adjacent development and be approved by the PAEDC. Cate ory Reauir ements ^� Exterior Materials Except for trim and accents,no wood will be permitted Walls Facing Frontage and Public Ways Concrete or masonry Walls Facing Side and Parcel 1, 2, 3, Concrete,masonry,or metal panels Rear Yards 5,6,7,9, 10 Parcel 4, 8 Concrete or masonry Roofing Materials Any roof surface that is exposed to public view must be approved by PAEDC Roof top equipment No more than five feet in height and screened from public view Awnings and Canopies Compatible with building design and approved by PAEDC Exterior Colors Exterior surfaces will be predominately neutral or natural colors. Bright accent or trim colors will be considered by the PAEDC. Page 8of13 ENFORCEMENT OF COVENANTS AND RESTRICTIONS Determination regarding the meaning, applicability and enforcement of these covenants and restrictions is the sole domain of PAEDC Board of Directors. Inquiry in regard to such matters shall be made to PAEDC in writing. A determination rendered in writing by PAEDC Board of Directors shall be deemed final and binding on all parties. Enforcement of the provisions,covenants and restrictions shall be in accordance with law or through civil or criminal proceedings initiated by PAEDC or by the City of Port Arthur. Enforcement action may include but is not limited to restraint of violations, recovery of costs, attorneys fees and damages,assessments,fines,civil penalties, foreclosure,and judicial sale. Page 9 of 13 APPENDIX "A" DESCRIPTION OF A 297.960 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE WM. McFADDIN SURVEY,ABSTRACT NO. 416, THE T. & N.O.R.R.SURVEY, SECTION NO. 5,ABSTRACT NO. 238, AND THE T. & N.O.R.R. SURVEY, SECTION NO.9,ABSTRACT NO. 242 JEFFERSON COUNTY, TEXAS AUGUST 20, 2001 All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, the T. & N.O.R.R. SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY, SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, Range N, Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port Arthur Land Co., the plat of which said subdivision is of record in Volume 1, Page 22 of the Map Records of Jefferson County,Texas, and being a part of that certain tract of land herein referred to as the "McFaddin and Cordts" tract, which said McFaddin and Cordts tract is designated "TRACT NO. 18-C" and is described in that certain instrument from W.P.H. McFaddin, Jr., and J.L.C. McFaddin, as Trustees of the McFaddin Trust to J.L.C. McFaddin, Di McFaddin Houk, Perry McFaddin Duncan,W.P.H.McFaddin Jr., Mamie McFaddin Ward, Camelia B. McFaddin and Di Vernon McFaddin Cordts, W.P.H. McFaddin Jr., and J.L.C. McFaddin,jointly, and Mamie McFaddin Ward,W.P.H. McFaddin, Jr., J.L.C. McFaddin, and Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February 26, 1948 and recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and which said TRACT NO. 18-C is indicated on that certain plat entitled "PARTITION MAP NO. 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TEXAS ... "which said plat is of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas, and being a part of that certain tract of land herein referred to as the "Gordis" tract, which said Cordts tract is described in that certain instrument from E.G. Cordts, Jr., Independent Executor of the Estate Of DI Vernon McFaddin Beriy to E.G. Cordts, Jr., Colleen Cleve Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County Clerk's File No. 94-9432523 of the Official Public Records of Real Property of Jefferson County, Texas, and the said tract herein described being that exact same certain tract of land herein referred to as the "PAEDC" tract, which said PAEDC tract is described in that certain instrument from E.G. Cordts, Jr., ..., Colleen Clare Cordts Rice, ..., and Anna Camelia Cordts Edwardson, ... to Port Arthur Economic Development Corporation, dated February 28, 2001 and recorded under County Clerk's File No. 2001007554 of the Official Public Records of Real Property of Jefferson County, Texas, and the said tract herein described being more particularly described as follows: BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein Page 10 of 13 described, the said corner being the southeast corner of the said PAEDC tract, and the said corner also being the most southerly southwest corner of that certain tract of land herein referred to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that certain instrument from E.G. Cordts, Jr., Colleen Clare Cordts Rice and Anna Camelia Cordts Edwardson to Jefferson County, dated March 15, 1999 and recorded under County Clerk's File No. 1999009190 of the Official Public Records of Real Property of Jefferson County, Texas, and the said corner being in the north line of that certain tract of land herein referred to as the "Parcel 32" tract, which said Parcel 32 tract is so designated and is described in that certain instrument from The Mamie McFaddin Ward Heritage Foundation to Jefferson County, dated December 12, 1996 and recorded under County Clerk's File No. 96-9638512 of the Official Public Records of Real Property of Jefferson County, Texas, the said corner being an interior angle point corner in the southwesterly right-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument found for corner being East (Assumed Basis of Bearings - called South 89° 37' 00" East) along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract and north line of that certain tract of land herein referred to as the "Ward"tract, which said Ward tract is designated"TRACT NO. 19-C"and is described in the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas,and which said TRACT NO. 19-C is indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County, Texas, a total distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" iron rod with a yellow cap stamped"RPLS 3636"found for reference; • THENCE West(called North 89° 37' 00"West) along and with the said south line of the PAEDC tract, north line of the Parcel 32 tract and north line of the Ward tract, passing at a distance of 16.92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and passing at a distance of 4,938.57 feet(called 4,938.91 feet)a 5/8"iron rod with a yellow cap stamped "RPLS 3636" found for reference at the southeast corner of that certain tract of land herein referred to as the 'TRACT 196-A" tract, which said TRACT 196-A tract is so designated and is described in that certain instrument (titled "RIGHT-OF-WAY EASEMENT") from Di Vernon McFaddin Kibodeaux, formerly DI Vernon McFaddin Cordts, joined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage District No. 7 dated January 4, 1968 and recorded in Volume 1531, Page 123 of the Deed Records of Jefferson County Texas, and passing at a distance of 5,430.99 feet (called 5,431.07 feet) the hereinbefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference at the southwest corner of the said TRACT 196-A tract, and continuing (West) along and with the said south line of the PAEDC tract and north line of the Ward tract, a total distance of 5,545.27 feet(called 5,545.35 feet)to a point for the southwest corner of the said tract herein described, the said corner being the southwest corner of the said PAEDC tract, and the said corner also being the northwest corner of the said Ward tract, and the said corner being in the easterly line of that certain tract of land herein referred to as the 'TRACT A" tract, which said TRACT A tract is so designated and is described in that certain instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of Jefferson County,Texas, and the said corner being in the centerline of Rhodiar Gully; Page 11 of 13 THENCE North 12° 17' 39" West (called North 11° 54' 13"West) along and with the westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said centerline of Rhodair Gully, a distance of 724.96 feet (called 724.92 feet) to a point for the most westerly northwest corner of the said tract herein described, the said corner being the most westerly northwest comer of the said PAEDC tract, and the said corner also being the most southerly corner of that certain tract of land herein referred to as the"J.L.C. McFaddin" tract,which said J.L.C. McFaddin tract is designated'TRACT NO. 12-C"and is described in the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and which said TRACT NO. 12-C is indicated on the hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas; THENCE North 39° 57' 00" East (called North 40° 20' 00" East) along and with the most westerly northwest line of the said PAEDC tract and most southerly southeast line of the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a 5/8" iron rod with a yellow cap stamped "RPLS 3636"found for reference at the northwest corner of the hereinbefore said TRACT 196-A tract,and passing at a distance of 736.10 feet (called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" set for reference at the northeast corner of the said TRACT 196-A tract (and which said 5/8" iron rod with a red plastic cap set for reference is North 37° 58' 15"West a distance of 0.39 feet from a 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference), and continuing (North 39° 57'00" Ease)along and with the said most westerly northwest line of the PAEDC tract and most southerly southeast line of the J.L.C. McFaddin tract, a total distance of 3,925.49 feet(called 3,925.61 feet)to a '/s"iron rod found for the most northerly • comer of the said tract herein described, the said corner being the most northerly corner o" the said PAEDC tract, and the said corner also being the most westerly corner of that certain tract of land herein referred to as the "Barnette - 1483/177" tract, which said Barnette - 1483/177 tract is described in that certain instrument from Gulf Refining Company to N.K. Barnette, Jr. dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed Records of Jefferson County,Texas; THENCE South 49°46' 07" East (called South 49° 23' 24" East) along and with the most northerly northeast line of said PAEDC tract and southwesterly line of the said Bartnette - 1483/177 tract, a distance of 1,317.60 feet(called 1,317.54 feet)to a '/2" iron rod found for an interior corner of the said tract herein described, the said corner being an interior corner of the said PAEDC tract, and the said corner also being the most southerly corner of the said Barnette- 1483/177 tract; THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and with the most easterly northwest line of the said PAEDC tract and southeasterly line of the said Barnette - 1483/177 tract, a distance of 151.95 feet (called 151.86 feet) to a 5/8" iron rod with a yellow cap stamped "RPLS 3636"found for the most easterly northwest corner of the said tract herein described, the said corner being the most easterly northwest corner of the said PAEDC tract, and the said corner also being the most westerly comer of that certain tract of land herein referred to as the "Barnette - 1463/176" tract, which said Bamette - 1483/176 tract is described in that certain instrument from DI Vernon McFaddin Cordts joined therein by her husband, Edwin G. Cordts to N.K. Barnette, Jr. dated October 11, 1966 Page 12 of 13 and recorded in Volume 1483, Page 176 of the Deed Records of Jefferson County, Texas, and the said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for corner being South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said southeasterly line of the Barnette - 1483/177 tract, northwesterly line of the said Bamette - 1483/176 tract and southeasterly line of that certain tract of land herein referred to as the "LNVA" tract, which said LNVA tract is described in that certain instrument from Gulf Refining Company to the Lower Neches Valley Authority dated April 8, 1975 and recorded in Volume 1876, Page 290 of the Deed Records of Jefferson County,Texas,a total distance of 499.44 feet (called 500.00 feet)from a 5/8" iron rod found for the most northerly corner of the said Barnette- 1483/176 tract,the said corner also being the most easterly corner of the said LNVA tract, and the said corner being in the hereinbefore said southwesterly right-of- way line of Texas State Highway Spur 93; THENCE South 83° 44' 08" East (called South 83° 21' 35" East) along and with the most easterly north line of the said PAEDC tract and southerly line of the said Barnette - 1483/176 tract, a distance of 557.12 feet (called 557.12 feet)to a 5/8"iron rod found for the most northerly northeast corner of the said tract herein described, the said corner being the most northerly northeast corner of the said PAEDC tract, and the said corner also being the most northerly northwest corner of the hereinbefore said Parcel 31 tract, and the said corner being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the said 5/8" iron rod found for corner being South 27° 38' 14" East (called South 27° 11' 44" East) along and with the said southwesterly right-of-way line of Texas State Highway Spur 93, a distance of 499.26 feet (called 499.56 feet) from the hereinbefore said 5/8" iron rod found for the most northerly corner of the Barnette- 1483/176 tract and most easterly corner of the LNVA tract; THENCE South 27° 30' 14" East (called South 27° 07' 03" East)along and with the most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel 31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93, a total distance of 3,294.33 feet(called 3,294.40 feet)to the Point of Beginning and Containing 297.960 acres(called 297.9732 acres)of land, more or less. Prepared by Schaumburg&Polk,Inc. E.James Verrett, Registered Professional Land Surveyor No. 1781 Page 13 of 13 SIGNED and AGREED to on this the /O-----H day o , 2006. EIi Roberts, President City of Port Arthur Section 4A Economic Development Corporation mi SWORN and SUBSCRIBED to on this the • day of , 2006. M. Barnes A ®^ / y Public �A( :�t��! fate of Texas C._. Texasqa-11-,6 r Jana M. Barnes rxpiies �Y` Notary Public �d6 *CO* State of Texas or Commission Expires ' August 28, 2006 SIGNED and AGREED to on this the r<O illday of {,t'-`" ",UQ/lrlar-., 2006. _ ,,,W Li da Spears, Sec eeealV) City of Port Arthur Section 4A Economic Development Corporation SWORN and SUBSCRIBED to on this the/i)g- day of , 2006. t4 Nofl v P�:bliC .411 �y * �, * State of raxas No blic in and for the State of Texas i� pop Commission Expires August 26, 2006 1111111111111111111111111111111101111111111 2007017117 16 PGS <<, AMENDMENT NO. 1 TO cF/L COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK l o�9y WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation filed the original Covenants and Restrictions in the Jefferson County Real Estate Records on or about January 26, 2006, File No. 2006003269 as it pertains to the land in Appendix "A"; and WHEREAS, the original deed restrictions stated the following as to landscaping requirements: Landscaping � All non paved Maintain Lawns areas Street Frontage 1 tree per 100 feet of frontage— 2 inch caliper WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation herein desires to amend the Deed Restrictions, and does herein amend the Deed Restrictions so that the following landscaping and screening requirements apply. Landscaping and screening requirements. (a) Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of commercial, and industrial areas within the City of Port Arthur Section 4A Economic Development Corporation Business Park(the"Park"),to conserve the value of land and buildings of surrounding properties and neighborhoods,to enhance the aesthetic and visual image of the Park, to encourage the preservation of existing trees and to assist with clean air. In no case shall these provisions restrict ADA requirements. (b) Landscape plan required. All building permit applications for new building construction within the Park shall be accompanied by two (2)blueline or blackline prints of the landscape plan that has been approved by the PAEDC. The landscape plan shall contain sufficient detail to show the following: (1) The date, scale, north arrow and names and address and phone numbers of each property owner and person preparing the plans. z.pr14120_exhibit c (2) The footprint of all existing and proposed structures. (3) Remaining and/or proposed site elements such as power poles, fences, walls, drainage swales, easements, sidewalks,parking lot layout, pedestrian walkways, and other such elements. (4) A schedule identifying name, size, number, and location of all landscape elements. (5) Name, location and size of existing trees, and type and location of other vegetation proposed to remain for credit purposes. (6) The size and location of the parking lot and the number of spaces, and how the owner proposes to address the interior landscaping requirement. (7) Such other information as may be reasonably necessary to administer and enforce the provisions of this ordinance. (8) Drawn at a scale of one(1)inch equals twenty (20) feet or greater. (c) Irrigation required. (1) All landscaped areas shall require an automatic irrigation system sufficient to provide complete coverage of required screening landscaped areas, including sodded or seeded areas along front and side of building. (2) Irrigation system shall be installed and operational prior to issuance of a certificate of occupancy or final building inspection. (3) State law requires installation by licensed irrigators. (4) Irrigation systems shall be maintained in good and operating condition. (d) Certificate of occupancy. No certificate of occupancy for new construction in the Business Park shall be issued or final approval of parking lot expansion made unless a letter is received from the PAEDC that the property owner has complied with terms and conditions required herein. (e) Definitions. (1) Berm. Landscaped earthen hill of three(3) feet height or greater. (2) Caliper. The measure of the diameter of a tree at eighteen (18) inches above grade. Class A trees must be two (2)inches caliper or greater. Class B trees if multi-trunked, must have a minimum of three(3) trunks of one (1) inch caliper each. (3) Class A tree. A tree with a mature height of thirty(30) feet or more. See recommended list. z.pr14120_exhibit c (4) Class B tree. A tree with a mature height of less than thirty(30) feet. See recommended list. (5) Critical root zone. A circular region measured outward from the tree trunk to the drip line representing the area of roots that must be maintained or protected for the tree's survival. (6) Drip line. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. (7) Easement. The legal grant of right-of-use to an area of designated private property utilized by public corporations(states,municipalities) and also made to companies providing public services such as gas, electricity, and telephone. (8) Island. A curbed landscaped area in a parking lot that is surrounded on all sides by parking spaces. (9) Landscaped. Shall consist of any combination of turf/grass/ground cover, shrubs, and trees. It must be installed in a sound manner and in accordance with accepted standards of the nursery industry. (10) Median. A curbed landscaped area in a parking lot that separates parking aisles. (11) Open space buffer planting strip. The area between single-family residential and any other zoned property. This strip is to include required trees. (12) Planting strip. The area between the curb and sidewalk,two(2) curbs, a curb and fence, or a sidewalk and fence. (13) Peninsula. A curbed landscaped area that protrudes into parking aisles and adjoins other nonparking open space. (14) Public right-of-way. The entire strip of land lying between the property line and a street or thoroughfare, alley, crosswalk, or easement. (15) Shrub. A woody plant of low or medium height,usually multi-stemmed. See recommended list for three foot high hedge. (16) Vehicular use area. The total area of all the parking spaces and drives serving the parking area. z.pr14120_exhibit c (f) Perimeter landscaping and screening. (1) When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten-foot width of landscaping open- space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property. (2) In an open space buffer planting strip required under the terms of this section, a minimum of one(1) class A tree or two (2) class B trees shall be planted and maintained for each twenty-five(25) lineal feet or portion thereof of said open space buffer strip. The required trees may be planted anywhere within the buffer strip with a minimum of ten (10)feet apart for class A trees and a minimum of five(5) feet apart for class B trees. Refer to definitions on tree size. (3) In addition, an eight-foot high opaque fence or wall shall be erected and maintained along the property line to provide visual screening. The fence or wall shall be masonry or a wood diagonal, horizontal or vertical stockade type privacy fence, although the framing may be metal. (4) In lieu of the fence, a thirty-foot wide landscape planted buffer for the purpose of screening,may be provided along the property line. (5) For a thirty-foot wide landscape planted buffer, one(1) class A tree or two (2) class B trees shall be planted and maintained for each ten(10) lineal feet of buffer. The required trees may be planted anywhere within the buffer strip with a minimum of twenty(20) feet apart for class A trees and a minimum of ten (10) feet apart for class B trees. Refer to definitions on tree size. (6) The provisions of this perimeter landscaping and screening shall not apply where districts are separated by a public street. (7) When a specific use permit is required, the landscape buffering and fencing required by this section may be modified or eliminated as a condition of a specific use permit. (g) Dumpster and immobile trash containers. Any fixed or otherwise immobile trash container must be set back from the property line no less then twenty-five(25) feet or be completely screened from view from any street via landscaping and solid, opaque fencing on a minimum of three(3)sides. No such container shall be allowed on city right-of-way. z.pr14120_exhibit c (h) Landscaping of off-street parking. (1) Perimeter requirements. a. A landscaping edge or buffer shall be required along each side of a parking lot that faces towards a public right-of-way. b. The landscaping edge shall be no less than six (6) feet wide and may use up to three(3)feet of the public right-of-way, if unused and available at the time of permitting. c. The landscaping edge shall be for the parking lot's entire length. d. The landscaping edge shall contain no less than one(1) class A tree or two (2) class B trees for each twenty-five(25) lineal feet or fraction thereof of the edge. e. The required trees may be located anywhere within the six (6) foot landscape edge with a minimum of ten(10) feet apart for class A trees and a minimum of five(5) feet apart for class B trees. Refer to definitions on tree size. f. If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. In addition, no trees shall be permitted within a thirty-foot distance from the outermost power line. g. A screen no less than three(3) feet height comprised of a wall, solid fence, berm, or plant material or combination of shall be provided along the entire length of the landscaping edge or buffer, if any part of the landscaping edge is within ten(10) feet of the right-of-way.The screen does not have to be straight with the street or parking edge. h. The three-foot high screen shall not be on the right-of-way. i. The three-foot high screen shall not be required across driveways. j. The three-foot high screen shall not be within three(3) feet of a driveway or restrict a driver's line of sight of approaching vehicles as determined by the city. k. The required three-foot high screen,when planted, shall be a minimum of two (2)feet in height. See list of suggested shrubs. 1. A minimum width of three(3) feet is required for the bed containing the planted screen. m. The required three-foot high screen, if planted shall be maintained at no less than three(3) feet high. (3) An increase in the size of an existing parking lot by twenty-five(25)percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five(25)percent expansion, to be brought into compliance with this section. a. A turf area is to be located between the paved or curbed portion or sidewalk of the adjacent street right-of-way and the front property line. b. The landscape planting strip shall not be used for parking,but can be crossed with driveways providing direct ingress and egress to the z.pr14120_exhibit c development that have been approved by the development services manager or his designee. c. This landscape planting strip shall by planted with one (1) class A or two (2) class B trees for each twenty-five(25) lineal feet or fraction thereof along the property line. The required trees may be planted anywhere within the landscape planting strip with a minimum of ten(10) feet apart for class A trees and a minimum of five(5)feet apart for class B trees. d. Three(3) feet of public right-of-way may be used with written permission from the City of Port Arthur. (j) Installation and maintenance. (1) All landscaping shall be installed in accordance with accepted standards of the Texas Nurseryman's Manual. (2) All plant material shall be true to name, variety, and size and shall conform to all applicable provisions of the American Standards for Nursery Stock, latest edition. (3) The owner and/or tenant shall be responsible for installing and maintaining all landscaping according to standard horticultural practices. (4) All landscaping shall be maintained in a healthy, neat, and orderly condition. (5) No trees may be located within ten(10) feet of a fire hydrant. (6) No trees may be topped if the limbs are three (3) inches in diameter or greater. (7) Required three-foot hedges shall be maintained at a minimum of three (3) feet in height. (8) Dead,dying or damaged landscaping material shall be immediately replaced in conformance herein. (9) Irrigation systems must be in good and operating condition. (10) Failure to install required material or maintain landscaping within sixty(60) days of notification shall be subject to legal action (11) Any request for a variance to the terms of the deed restrictions must be submitted in writing and be responded to in writing by the PAEDC President after due consideration by the PAEDC Board of Directors. (k) Letter of credit. (1) A letter of credit may be utilized when the landscaping improvements required by the PAEDC have not been completed prior to the issuance of a certificate of occupancy. (2) The applicant shall post cash or an irrevocable letter of credit payable to the Port Arthur Section 4A Economic Development Corporation in an amount equal to one hundred thirty(130)percent of the estimated cost. This amount shall include the Port Arthur Section 4A Economic Development Corporation's cost of administering the completion of the improvement in the z.pr14120_exhibit c event the sub divider defaults as provided herein. The security shall be deposited with the Port Arthur Section 4A Economic Development Corporation or in escrow with a bank at the option of the Port Arthur Section 4A Economic Development Corporation. Such letter of credit shall comply with all statutory requirements and shall be satisfactory to the Port Arthur Section 4A Economic Development Corporation's attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Port Arthur Section 4A Economic Development Corporation or his designee and shall be incorporated in the letter of credit. In those cases where a letter of credit has been posted and the required improvements have not been installed within the terms of the letter of credit,the PAEDC may thereupon declare the letter of credit in default and require that all of the improvements be installed. TREES FOR PORT ARTHUR BUSINESS PARK Class A Tree: Mature height greater than thirty(30) feet Branches begin at six (6)feet Must be two (2) inches or greater in caliper when planted Common Name Latin Name Bald Cypress(back property only) Taxodium distichum Canary Island Date Palm Phoenix canariensis Cherrybark Oak Quercus falcata var.pagodifolia Green Ash (back property only) Fraxinus pennsylvanica Live Oak Quercus virginiana Sawthooth Oak Quercus Loblloly Pine (back property only) Pinus Taeda Nuttall Oak Quercus Nuttallii Pecan (back property only) Carya illinoinensis Red Maple Acer rubrum'Drummondii' Sabal Palms, Florida Fan Palm/cabbage Sabal palmetto Palm Shumard Oak Quercus Shumardii Slash Pine (back property only) Pinus Elliottii Southern Red Oak Quercus falcata z.pr14120_exhibit c Spruce Pine(back property only) Pinus glabra Swamp Chestnut Oak, Cow, Basket Quercus Michauxii Washingtonia Palm Washingtonia robusta Water Oak Quercus nigra White Oak Quercus alba Willow Oak Quercus phellos Windmill Palm Tracycarpus fortune! Class B Tree: Less than thirty-foot mature height Eight (8)to ten(10)feet height when planted Common Name Latin Name American Holly Ilex opaca Chinese Fan Palm Livistona chinensis Chinese Pistachio (back property only) Pistacia chinesis Crape Myrtle Lagerstroemia indica and hybrid Flowering Pear (side/back property only) Pyrus Calleryana'Bradford', 'Aristocrat' Japanese Evergreen Oak Quercus glauca Parsley Hawthorn Crataegus Marshallii River Birch Betula nigra Texas Redbud Cercis canadensis'Texensis' Tree Ligustrum Ligustrum lucidum Wax Ligustrum Tree Ligustrum japconicum SHRUBS FOR SCREENING REQUIREMENTS Shrubs: Maintain three-foot height or greater Must be evergreen Common Name Latin Name Blue Vase Juniper Juniperus chinensis 'Glauca' Bottlebrush Callistemon rigidus z.pr14120_exhibit c Camellia Sasanqua,upright Camellia Sasanqua Chinese Holly Ilex cornuta 'Rotunda' Cleyera Temstoremia gymnanthera Dwarf Burford Holly Ilex cornuta'Burfordii Nana' Dwarf Japanese Holly Ilex crenata'Compacta' Dwarf Wax Myrtle Myrica pusilla English Boxwood Buxus sempervirens Fringe Flower Loropetalum chinense Gardenia, Cape Jasmine Gardenia jasminoides Glossy Abelia Abelia grandiflora Indian Azalea Rhododendron indica Indian Hawthorn Raphiolepis indica Nandina Nandina domestica Oleander DWARF Nerium Oleander Red Tip Photinia Photinia glabra Wax-leaf Ligustrum Ligustrum japonicum SIGNED and AGREED to on this the day of 1 IQ.k. ,2007. Richard Wycoff, esid City of Port Arthur Section 4A Economic Development Corporation z.pr14120_exhibit c ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Richard Wycoff, President, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur Section 4A Economic Development Corporation, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of IOBRENDACVAU1 611444- r V ' IL NOTARY PUBLIC STA OF TEXAS JVNE7, Z SIGNED and AGREED to on this the $ day of ,2007. /AA/(6/4tdi-' Keith Daws, Sr. , Secretary City of Port Arthur Section 4A Economic Development Corporation ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Keith Daws, Sr. , Secretary, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur Section 4A Economic Development Corporation, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1 \ , A.D, 2007 . esu 4144A (lakr....., BRENDA C.VAUGWN NOTARY PUBLIC, STA OF TEXAS A�MMt10ETATEOFTEM �"° ' earr111101 1111t11c °"� JUNE 7. 2009 z.pr14120_exhibit c AFTER RECORDING, RETURN TO: City of Port Arthur Section 4A Economic Development Corporation P. 0. Box 1089 Port Arthur, TX 77641-1089 z.pr14120_exhibit c ..Da C CD APPENDIX "A" 7 0 n DESCRIPTION OF A O 297 960 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF THE WM. McFADDIN SURVEY,ABSTRACT NO 416, THE T.& N 0 R.R. SURVEY, SECTION NO.5, ABSTRACT NO. 238, n AND THE T & N.O.R R. SURVEY, SECTION NO 9, ABSTRACT NO. 242 f(D JEFFERSON COUNTY,TEXAS 7- = AUGUST 20,2001 CCDD = All that certain tract or parcel of land lying and being situated in Jefferson County, (0 Texas, parts of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, the T. & N.O.R.R SURVEY, SECTION NO. 5, ABSTRACT NO. 238, and the T. & N.O.R.R. SURVEY, n SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, Range N, O Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port Arthur Land Co , the plat of which said subdivision is of record in Volume 1, Page 22 of the Map Records of Jefferson County, Texas,and being a part of that certain tract of land herein referred to as the "McFaddin and Cordts" tract, which said McFaddin and Cordts tract is designated 'TRACT NO. 18-C" and is described in that certain instrument from W P H McFadden, Jr, and J.L.0 McFaddin, as Trustees of the McFaddin Trust to J.L.C. McFaddin, Di McFaddin Houk, Perry McFaddin Duncan, W P H. McFadden Jr, Mamie McFaddin Ward, Camelia B. McFaddin and Di Vernon McFaddin Cordts, W.P H. McFaddin Jr., and J L.0 McFaddin,jointly, and Mamie McFaddin Ward,W P H. McFaddin, Jr., J L.0 McFaddin, and LJ Camelia B. McFaddin and Di Vernon McFaddin Cordts,jointly,dated February 26, !948 and al Camelia in Volume 692, Page 22 of the Deed Records of Jefferson County, Texas, and C 'D which said TRACT NO. 18-C is indicated on that certain plat entitled"PARTITION MAP NO O3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY, TEXAS . "which C said plat is of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas, and being a part of that certain tract of land herein referred to as the "Cordts" tract, which O said Cordts tract is described in that certain instrument from E.G Cordts, Jr., Independent C Executor of the Estate of Di Vernon McFadden Berty to E.G Cordts, Jr., Colleen Cleve C Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County Clerk's File No 94-9432523 of the Official Public Records of Real Property of Jefferson (•) County, Texas, and the said tract herein descnbed being that exact same certain tract of fD land herein referred to es the "PAEDC" tract, which said PAEDC tract is described in that R" certain instrument from E G. Cordts, Jr., , Colleen Clare Cordts Rice, .. , and Anna Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated � February 28, 2001 and recorded under eff�rson CCourrtyFi7exNas,2001007554thesard tract Officialhrein e'D Public Records of Real Property 3 described being more particularly descnbed as follows: ai BEGINNING at a iron rod with a Texas Department of Transportation aluminum cap C) (TxDOT Type 1 Monument) found for the southeast corner of the said tract herein O `C Page 10 of 13 U ai (D descnbed, the said corner being the southeast corner of the said PAEDC tract, and the said cMr corner also being the most southerly southwest comer of that certain tract of land herein 0 referred to as the "Parcel 31" tract, which said Parcel 31 tract is so designated and is described in that certain instalment from E.G Cordts, Jr, Colleen Clare Cordts Rice and 0 Anna Camelia Cordts Edwardson to Jefferson County, dated March 15, 1999 and recorded C under County Clerk's File No 1999009190 of the Official Public Records of Real Property of = Jefferson County, Texas, and the said corner being in the north line of that certain tract of land herein referred to as the "Parcel 32" tract, which said Parcel 32 tract Is so designated n and is described in that certain instrument from The Mamie McFaddin Ward Heritage CD Foundation to Jefferson County, dated December 12, 1996 and recorded under County -% Clerk's Fite No 96-9638512 of the Official Public Records of Real Property 77 County, Texas, the said corner being an interior angle point corner in the southwesterly right-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument CD found for corner being East (Assumed Basis of Beanngs - called South 89° 3T 00" East) 3 along and with the south line of the said PAEDC tract, said north line of the Parcel 32 tract CD and north line of that certain tract of land herein referred to as the 'Ward" tract,which said Ward tract is designated "TRACT NO. 19-C"and is described in the hereinbefore referenced O instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, 'CI Texas, and which said TRACT NO. 19-C is indicated on the hereinbefore referenced plat of -C record in Volume 8, Page 110 of the Map Records oif Jefferson County, Texas, a total distance of 5,430.99 feet (called 5,431.07 feet) from a 5/8" iron rod with a yellow cap stamped"RPLS 3636"found for reference; THENCE West (called North 89° 37' 00"West) along and with the said south line of the PAEDC tract, north line of the Parcel 32 tract and north line of the Ward tract, passing at a distance of 16 92 feet (called 16.92 feet) a 5/8" iron rod found for the most northerly northwest corner of the said Parcel 32 tract, the said corner being an exterior angle point `D corner in the said southwesterly right-of-way line of Texas State Highway Spur 93, and passing at a distance of 4,938.57 feet(called 4,938 91 feet)a 5/8"iron rod with a yellow cap f�D stamped "RPLS 3636" found for reference at the southeast corner of that certain tract of land herein referred to as the 'TRACT 196-A" tract, which said TRACT 196-A tract is so 0 designated and is described in that certain instrument (titled "RIGHT-OF--WAY = EASEMENT")from Di Vernon McFaddin Kibodeaux, formerly Di Vernon McFaddin Cordts, OJoined therein by her husband, Oren J. Kibodeaux to Jefferson County Drainage Distnct No. C 7 dated January 4, 1968 and recorded In Volume 1531, Page 123 of the Deed Records of Jefferson County Texas, and passing at a distance of 5,430 99 feet (called 5,431.07 feet) -. . the hereinbefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for r) reference at the southwest corner of the said TRACT 196-A tract, and continuing (West) CD along and with the said south line of the PAEDC tract and north line of the Ward tract,a total distance of 5,545 27 feet(called 5,545.35 feet)to a point for the southwest corner of the said - H tract herein descnbed, the said corner being the southwest corner of the said PAEDC tract, and the said corner also being the northwest corner of the said Ward tract, and the said c' corner being in the easterly line of that certain tract of land herein referred to as the"TRACT co A" tract, which said TRACT A tract is so designated and is described in that certain al instrument from Darling Kiaver, et a) to Jefferson County Drainage District No. 7 dated �- November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of g) Jefferson County,Texas, and the said corner being in the centerline of Rhodiar Gully, 0 Page 11 of 13 pi- fti C(D THENCE North 12° 17' 39"West(called North 11° 54' 13"West) along and with the o westerly line of the said PAEDC tract, the said easterly line of the TRACT A tract and said centerline of Rhodair Gully, a distance of 724.96 feet (called 724 92 feet)to a point for the 0 most westerly northwest comer of the said tract herein described,the said corner being the dmost westerly northwest corner of the said PAEDC tract, and the said corner also being the !r most southerly corner of that certain tract of land herein referred to as the"J.L.C. McFaddin" = tract, which said J L C. McFaddin tract is designated"TRACT NO. 12-C"and is described in the hereinbefore referenced instrument recorded in Volume 692, Page 22 of the Deed n Records of Jefferson County, Texas, and which said TRACT NO 12-C is indicated on the CD hereinbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas; 77 = THENCE North 39° 57' 00" East (called North 40° 20' 00" East) along and with the A D C most westerly northwest line of the said PAEDC tract and most southerly southeast line of -� the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a ca 5/8" iron rod with a yellow cap stamped "RPLS 3636" found for reference at the northwest �- corner of the hereinbefore said TRACT 196-A tract, and passing at a distance of 736.10 feet O (called 735.85 feet) a 5/8" iron rod with a red plastic cap stamped "S&P INC" set for 73 reference at the northeast corner of the said TRACT 196-A tract (and which said 5/8" iron •C rod with a red plastic cap set for reference is Nortth"37°RP 5 ' 15"West a distance for nce ofrefere .39e), feet from a 5/8" iron rod with a yellow cap stamped and continuing (North 39° 57'00" Ease) along and with the said most westerly northwest line of the PAEDC tract and most southerly southeast line of the J L C McFaddin tract, a total distance of 3,925.49 feet (called 3,925.61 feet)to a '/2" iron rod found for the most northerly corner of the said tract herein described, the said corner being the most northerly corner of the said PAEDC tract, and the said corner also being the most westerly corner of that certain tract of land herein referred to as the "Barnette - 1483/177" tract, which said Bamette - C 1483/177 tract is descnbed in that certain instrument from Gulf Refining Company to N.K. CD Barnette, Jr dated October 24, 1966 and recorded in Volume 1483, Page 177 of the Deed NRecords of Jefferson County,Texas; vi s 0 THENCE South 49° 46' 07" East (called South 49° 23' 24" East) along and with the most northerly northeast line of said PAEDC tract and southwesterly line of the said C") Bartnette - 1483/177 tract, a distance of 1,317 60 feet(called 1,317.54 feet)to a Y2"iron rod O found for an interior corner of the said tract herein described, the said corner being an = interior corner of the said PAEDC tract, and the said corner also being the most southerly •-Z comer of the said Barnette- 1483/177 tract, n THENCE North 40° 07' 58" East (called North 40° 33' 04" East) along and witth the most easterly northwest line of the said PAEDC tract and southeasterly line of the said 7�- Barnette - 1483/177 tract, a distance of 151 95 feet (called 151.86 feet) to a 5/8" iron rod F-+ with a yellow cap stamped "RPLS 3636"found for the most easterly northwest corner of the fee e said tract herein described, the said corner being the most easterly northwest corner of the said PAEDC tract, and the said corner also being the most westerly corner of that certain tract of land herein referred to as the "Bamette - 1483/176" tract, which said Barnette - N 1483/176 tract is described in that certain instrument from Di Vernon McFaddin Cordts r-t n joined therein by her husband, Edwin G. Cordts to N K Barnette, Jr. dated October 1966 O Page 12 of 13 CD CDand recorded in Volume 1483, Page 176 of the Deed Records 3of Jefferson 6" fa nd County, r Texas,re eing and the said 5/8" iron rod with a yellow cap stamped O South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said southeasterly line of the Barnette - 1483/177 tract, northwesterly line of the said Barnette - n 14831176 tract and southeasterly line of that certain tract of land herein referred to as the O Q "LNVA" tract, which said LNVA tract is described in that certain instrument from Gutf a Refining Company to the Lower Neches Valley Authority dated April 8, 1975 and recorded In Volume 1876, Page 290 of the Deed Records of Jefferson County,Texas,a total distance of C) 499.44 feet (called 500 00 feet) from a 5/8" iron rod found for the most northerly corner of the said tract, - the1 satract, ere being the herr alsoeineing befothe re saidt easterly southwesterly y right-of- � rner of the said LNVA tract, and th H way line of Texas State Highway Spur 93, NTHENCE South 83° 44' 08" East(called South 83° 21' 35" East) along and with the 3 most easterly north line of the said PAEDC tract and southerly line of the said Bamette - t 4 1483/176 tract, a distance of 557.12 feet (called 55712 feet) to a 5/8" iron rod found for the r-r most northerly northeast corner of the said tract herein described, the said corner being the C) most northerly northeast corner of the said PAEDC tract, and the said corner also being the Q most northerly northwest corner of the hereinbefore said Parcel 31 tract,and the said corner '�C3 being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the said 5/8" iron rod found for corner being South 27° 38' 14" East (called South 27° 11' 44" East) along and with the said southwesterly right-of-way line of Texas State Highway Spur 93, a distance of 499.26 feet (called 499,56 feet) from the hereinbefore said 5/8" iron rod found for the most northerly corner of the Barnette-1483/176 tract and most easterly corner of the LNVA tract; THENCE South 27° 30' 14" East (called South 27° 07' 03" East) along and with the c-a most easterly northeast line of the said PAEDC tract, southwesterly line of the said Parcel CD 31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93, a total CD distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and 0 Q Containing 297.960 acres(called 297.9732 acres)of land,more or less C) 4 C Prepared by �- Schaumburg&Polk, Inc E James Verrett, r) Registered Professional Land Surveyor No 1781 CD F--i ri- CD 3 CD r-i- C) 0 .0 Page 13 of 13 1 • • r Ii Ii 11 33 AYIF.NOMENT NO.2 To COVENANTS Ant RESTRICTIONS PORT AR`I UR BUSINESS PARR WHEREAS,the City of Port Arthur Section 4A Economic Development Corporation (tlae'P'A`E1]C`)flied its original Ctnenants and Rmtrictiona,Port Arthur Business Park,dated November 30, 2005 is the Official Puhlle Records off Real Property of Jefferson County, Texas on,or about January 26, 2006. under Fie No. 2005003269 as it pertains to the land described in Appendix"A"attached hereto; WHEREAS,the PARDC the Amendment No, 1 to Caveman=and Restrictio s in the OEtlrial Public Records of Real Property of fefferson County.Texas on or about May 10, 2007,tinder File No,2007017117; WHEREAS,die PAEDC met on May 7,2012,and agreed to the following amendment to the Commas and Restrictions,Pool Arthur Emirates Park; ASSE The lessees and private owners of the land in the Business Park shall pay assessments to the PAEDC far f') the maintenance of the siren signage and landscaping, (i3)the costs to enflame these deed restiictiont,(iii)die costs to maintain the Business Park and(iv)execs to provide security services within ate Busii a Park,such 899 rnen shall he a mininsum of S500 per acre per year and shall be payable on or before December 31* of each year. Add tioaai assessments,as deternsi by the PAEDC Board of Direction shall not exceed the actual proportionate share of the expenditures made by the PAEDC plus a 10%administrative fee, The proportionate share shall be the number of acres owned or teased divided by 246, Notwithstanding the proportionate allocation of costs sct forth in the intending paragraph, any costs for security services provided to the BusinessPark on or before December 31,2012,shall be paid by PAEDC, ty' REAS,the PAEDC met on June 4,2012,and agreed to the following aanensttt to the Covenants and Restrictions.Pont Arthur Business Park; Cato Requirements PPrrir g-visible from front of peunary decorative iron or as approved by structure cortstnaded OD property the PARDC(no wood or plane fames permitted) Fencing-visible along sides or rear of chain-link or as approved by structures constructed on property' PARRDC On wood or plastic fences including along any sheet or right-of-way pennirtad) NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT ARTHUR SECTION 4A ECONOMIC DEYE.LOPlt rr CORPORATION that: I. This Amendment No. 2 w the Coveaaris and Restrictions. Pots Arthur Business Park.as to the amendment,as to assesentents and as to site development or approved, 2. The amendment as to assessment siaall be effective as of Jaouaty I. 2013, and the amendment as to site developtne st shall be effective upon approval by the City of Port Arthur, Texas, 3, The recitals me this Amendment are incorporated and Id11y rektenc,ed in this Ameodos m. 4. PACZpl as amended hereby EMI as previously amended by the duly nosed actions of the @AEDC, the Covent and Restrictions, Port Arhus' $use Park am -ratified and SIGNED AND AQRI to on this o dray of -0,^ ,2013. City of Port Arthur Section 4A t?eenooek DeTellopment Corporation /L1 ATST Secretary THE S FATE OF TEXAS COUNTY OF Ii7FERSON This inseriatierit was acknowledged before the on tire, day of 'In-. .2013,by Ci0A. Pa.je a9 Prertdem and_7acisia.. tioirael as Sammy on behalf afCity of Fort Arthur Section 4A Er:ann am Dcvelopmcot Coiporatian. eArti"aiL Notary Pablic,3184e of T ogaulatla Tao naelv ro: of C '! . 1/77 mof Jiarr onftW TY 7R# . V APPENDIXrie 8 ItS504.511014OFA 747 ada ACill'NACr tPA M OF E;ANES Our Or PART OF THE VOA WADOIN SURVEY.AIRRNACF 110 410, MO,INET aN. R R.SU Y,SECTIONNO 0.AWN=NO.2A2 JeFFERSONCOURIM L EtAS 1 maw 2o,2ctii Al dal Barb l tad©r pirod di lybp ar 1 brava Ma d i+�alEariara�OM* , of fta YEN.SerFAMIN SURVEY.ABSTRACT'No,4111,Ihi T d I RR 1*MON NO.5.AMMO"4CF NO.22.51,ied the T.i NOR SLNWEY. 10N NO O.AesTRACr NO.NZ ad bang pate a151atant 14,Sad ia,Rasa N, Skala kal 5 ad�a f la,nave r,ad Batas 15 and 1$,Flap.ta_al der LrtlY a311he Fedwarns attalniumaeelr bnVdhans1,Piga 2201tha Mip R ciJAteraaea Count Tama,ad bands paatea that=rain heal:dared hat& ri au d icy as fir laFarkan and Omar haret lafadr add*Mal ad Cara tat I deals ed'MOT NO 1d 'anal al dacraed ka that anal Fta1'ra nerd hoer W P N Meson,Jr,aro JLC%pa w,as Yardarm dam Weekly Thal to.LL.Cr.pkFa ddre, 0rlac€aa ttt lada.Pam Wad*Carom,WP IH, ad*Jr,lYEM i, a1etWoad, i Cavan O.A4 thn rag DI'ammo h#€adds Beadle:W.P It Il'dadalra Jr..and J LC �, J Sa,and Marna hkrbdin Wad,IN P H-adel<ad*r.Jr i Le Mdaddn,and Canals B.haFaddn aaad pi*ow Mtraft Cardb.kaell.dated Moray arad rrioraid a Value*ea2.NW 22 di ea Etas Ramat ohledirace T .nod 'thee..ad N.1 r an wan pataralad - do 2 OF THE alar"Apow i i. r STY 1N JEFFERSON O01/41Y.T . 'ankh head peat a olaa ari a Ydts,as S.Pepa 11 CCFtf-ida NIP Recede aatJrdaaee Carts Tsar, and berg a rat of Oat van tract et irnd bsreen.atoned is as Ora' C lad,altar sand pia hart it carotid at Mid wpm 9nOme rs reran E.O ;Jr...ie4aparalaeti Exactas as the WV.al Lli Venda Waldo'3rida la Ewa Cads.Jr. Warn Cava Coda and Mena Omaha Oates,clad Sentanter t8 1694 all mooted lader r dt rely - Oak's FBe rie gar dae Mod POW Iranarda a Riot Rawer at Jet aaeoea ec Catty,Tame..and Oa said tea Note doodad toad frail apt Pane COMMa0 land beam.damd ro as aaTAM"tact wrath and PSG Mid 4 deiteled el fa 144rW14411t ream E G.Owes.. . .Oteaan Caine Ganda Fans. ..,ad►iaala C411441II OWN Samalson, In Pon Mira'ECOrerle DiP4OPIrOrg Wombat Wed d end nweiraied under Onisiy aorta Fla No. parbp . a k Oadd P Ew+rNn deaceted bang fricooportaa 6814174e: s1 e all reed wen a Taaatib Pepara ant elTrOrPou11M„r ok r}+an tarp (TOOT Tope 1 turd For the waadded wax cal the aard bid Maw Pia 0013 F-Firma— de tent ad,in sad comer bar die aratiaipet comer cite meld PAFDD fleas;gad tba was# math awe beaac Me meat meet ao tmeat math d het who teed ai t rd No a alarmed i}is Fe"aroei lit*'t Mesh laid Feet$9 eta to ea dialipmied>shd ii daealted at l mat tad iipatiraent'ton E t Cam,k,Beers Clan Carat Rem and J Ina fuddle Medi'Steirelice is JtaAiaet,G dated'Mat 115,190 and eeidirdld MOW OW*Hawk'!i'ie No 11490f 1 bf es Caleb Put&Maw*of PM Poerdyal Jiaifan=Corty.Tole.MI 1*sad come tap in la rah the that*waft twit ce land Maven Marta to ii t 4 eFirtel 9tt'Vert.h,RiIIh aid Alma/22 lath M sad dliallthai dad la deathbed n ital amain Mum*than'St*Maras Within Wend ltheape kundient In Jarman Cm*deal Decanter 1Z'N and rathded resat Dainty Dante Fia lid 994163111512 or 9ti OW Fain Rem*al Rail Rafe/1y el NilFn= tl Carty.Toy.d said Baer lelnp was aeedb wain,;Pal aeenga Nrt its WW1* sy its it T+ deiii Y ►pa,led it aid 7 l a t eeatitane if band 631 Ella Ottatained 9ua a of Sorry-ailed Swat Mar Str nes along and lir del Path Ina d as vett MEDD'Nec1,Baal math Ire Wits Pt'rh 9i that that math lam a1 end aeelan hat Wand knit Jifrnad le es to Vitae tack mid iia '1=5li dnallreted lair rND anel is 194" daacnbad n Ala laanartetna refainted htdttam*mudded at Wane ts72,Papa 22 Mai hi Dyed Renal&ei.ladeaeen On*, Team and itfildt ear!TR 4CT Pm,OB.0 Ii adlsated on VP haranta d Mae etditanaast Oil n1 read an VaMara 9,Pips 1111?Ci Ste Whallatads cl trews Datha,Teals,a teal citlance 0 5ASO90 lot imietl,5431.0 Is el)ham a Ur Iran rid*di a yatiaea dip singed MPtS 393tr Weft/ahem; IMElaIE V (waled Not et?3T C9"Wee)Meg wad*Malt 4Xp dad wilt Ii f the MdaDe freak met lot of tiiaPirte132 tact and wit ine ca iae iHird Vitt,P v* a degree ci ill 42 lees(uses tele aletya SIP kit dad bald bi that mai aCallaatly Whim*a¢nar d Wai god Puma SY re*Oa aril thaw Wand in atviarkx in&pAO math in ilia sad aeuthvae tlghiefirey Ine d Stems i ptr iehety 8 93,wad Real-eke IMAM ad41P3i lealWei 4pBaD1)I 6izy'tcon land 9tsit a e op 4 etbsded Mai'heti IGr Warms at Mai etanaaat ccmaea d i Oral seism leaf of bid harm reamed in as Ora'12feC 1 i L tail iaiaith saki TFN__ let_dial a iv deagaaea7 tea I embers ii twit avian ttienintat tilad ` cT'CJ{+Ay EiMetrl Irem+Di Vapor.lig di.lNh leltodeaux.tan*d Worm WWII*Ws. Jared Imam d9 liar baba*Dm J.Kandeehot b Jaltaaten Caney Menage Deed tie. 7 dated January Far,armed aaaartp reacidada chews Waits of l,Napo* b,431J .orn*Deed mi est i atenthedY!end ettr can and will t yeber cap aaeapaei 1Piial.$Mr turd ioa e) Warmth at 91e ithermast rarest 0 to sad _tack weld (Wag slung end ten the recl au&as.***eAliDe en-lend Maria uts,sia 2?feet Wad 11 Oda to aOilioraeiaaravanntoanera(taawa/ F., bed ttuiau to mad,pia kid Odra dun 10 GOWIdeit COW Marie avid€iAEoC mkt, and ate sad-aaaomse ales 6aog aloe mama mina et do sad Vaud W.nil de avid cart*bang in ttta smithy Nate dt chat radon trod ati4 d hew roles O b ad rwA nnticr A`irk este sass TRACT A tad ty an dgetieseed and a daaOed rr egg caftan retuned llama Direna Me m;et at n Ja9etw Casty miaow,Mini i 7 dead Mthanote 732.1911 and menial b 4ftidITw in,Papas ddt oI eau COW Wadi eQ Jall asap Gcarty UM,raid'legit it if do c WI'S of[Modll'titaiY. 17dot1oit3 lirir THENCE Nutt 12'17'3rW..t(Wed Fitt 11'DC 13-Wool ai ro acid 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heck cod t o saki moo bring in to 50121 aralh riOnify rf91a o4uty tat ad raaee S Hit Spx 93,,and to tad for Iron rod 5:urrd tar comas befit extae sr sr td' trend smite 2 Ear)akxty!.4 wen tha$sd oadtwo5loty rigatoloaly tr.d Toot Stop loss tow tt a datlerio+i cf 4114125 Eett titled 4950 100)8not 1Aa tt.aalbeflxt d St3"teen trcit had*"Ito maio ncetr>r4er comae die 14930171 tr.ttttr4 Inca toil*carom et ttre tNVA bat on oigna aid oft to rre4 seed who*kris of t o e04 Pf1 ba lattiosiirbeg4' i196dire sold Parcel 34 two at,god 0501maiorly rwocratey 1a*off,SIM4 y S t r 93,a kW Man e tit 325443 hEa.*Ma 3,29440Trot}taf'14 Pool attetrtrtg4rlt 3 {;atele> tq na,964 eau t Ztd9i7'7t`d of k rrom cc lion trsvied by Sishosobtal P592.lac Z hince1r Frodemcail Cad Unterin)io 178t 3 Pile 0:4)3 • 5 . ` r f f R.P$. .4 interoffice MEMORANDUM 7 p Mayor,City Council,City Manger eta', How Floyd Ration.CEO n S +" +ib%{ hate, .lacy 18,2012 fidiem P.R.No.17053;Council Mooting of July 24,2on Anschcd is P.R.No, 17053 approving Arnendrztem No.2 io the Umlauts inwd RosoictIons of sbe C5 y of Port Ankle S cliott 4A Economic Ctovelopannut Carperaseoo Spur 93 eosin=Park, FILED AND RECORDED oFFIcr ptmgr-IB,t OJi 61.4. 2019 Jim 20, et i$ PR NO@j,' YIL IISikst 144 C Q..YN b I1J hRRY,. 41'0&14TT 3tFF0*520 routtrYF TEXAS , 1111111111111111 III '11, 7 PGsAMP 2016019323 AMENDMENT NO.3 TO COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") filed its original Covenants and Restrictions, Port Arthur Business Park, dated November 30, 2005 in the Official Public Records of Real Property of Jefferson County, Texas on or about January 26, 2006, under File No. 2006003269 as it pertains to the land described in Appendix"A"attached hereto; WHEREAS, the PAEDC filed the Amendment No. 1 to Covenants and Restrictions in the Official Public Records of Real Property of Jefferson County, Texas on or about May 10, 2007,under File No. 2007017117; WHEREAS, the PAEDC filed the Amendment No. 2 to Covenants and Restrictions in the Official Public Records of Real Property of Jefferson County, Texas on or about July 9, 2014, under File No.2014021739; WHEREAS, the original deed restrictions stated the following as to prohibited occupancies: PROHIBITED OCCUPANCIES Specifically prohibited uses include manufacturing and process operations that transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or discharge a waste stream that is not acceptable(due to content or volume)for the City's sanitary sewer system. Any use that requires on site treatment of waste in order to meet the above requirements will be allowed only on the basis of a special use permit from PAEDC, the City of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC, be granted, conditional upon continued and demonstrative conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination of a special use permit will require the user to immediately cease all on site processes that generate or contribute to the subject waste stream. In addition, all exterior site uses including parking areas,truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. #1271702 RECEIVED JUL 052016 WHEREAS, the PAEDC met on April 11, 2016, and herein desires to amend the Deed Restrictions, and does herein amend the Deed Restrictions so that the following prohibited occupancies restrictions apply: PROHIBITED OCCUPANCIES Specifically prohibited uses include slaughter houses and meat packing plants. Specifically prohibited uses further include other manufacturing and process operations that transmit noise, or release odors, fumes or dust that materially exceed City, State, or Federal Standards or discharge a waste stream that is not acceptable (due to content or volume) for the City's sanitary sewer system. Any use that requires on site treatment of waste in order to meet the above requirements will be allowed only on the basis of a special use permit from PAEDC, the City of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC,be granted, conditional upon continued and demonstrative conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination of a special use permit will require the user to immediately cease all on site processes that generate or contribute to the subject waste stream. In addition, all exterior site uses including parking areas,truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION that: 1. This Amendment No. 3 to the Covenants and Restrictions, Port Arthur Business Park, as to the amendment,as to assessments and as to site development or approved. 2. The amendment as to assessment shall be effective as of May 1, 2016, and the amendment as to site development shall be effective upon approval by the City of Port Arthur, Texas. 3. The recitals to this Amendment are incorporated and fully referenced in this Amendment. 4. Except as amended hereby and as previously amended by the duly noted actions of the PAEDC,the Covenants and Restrictions, Port Arthur Business Park are ratified and affirmed. SIGNED AND AGREED to on this (O44'day of —51t.,r� , 2016. City of Port Arthur Section 4A #1271702 Economic Development Corporation a � � y. Pres d nt ATTEST: Secretary THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the co''day of 97.�, , 2016,by L/d1czl1_s as President and Za Qstan ,4kcrinc as Secretary on behalf of City of Port Arthur Section 4A Economic Development Corporation. 4,.,, RACHEL A.JACQUET ,TUNE 10,201_ - _ Notary Public, State ex #1271702 .. R .VED 86/21/2016 14:48 4098392394 COLiJTY(:LERK Fax Server 8/21/2018 2:42:29 PM PAGE 003/008 Fax Server La CD RI APPENDIX"A" 0 = 9 DESCRIPTION OF A 297 960 ACRE TRACT OR PARCEL OF LAND C OUT OF AND PART OF THE WM.MOFADDIN SURVEY,ABSTRACT NO 416, THE T.&N O RR SURVEY,SECTION NO.5,ABSTRACT N0.238, AND THE T &14,O.R R.SURVEY,SECTION NO 9,ABSTRACT NO.242 CD 7' JEFFERSON COUNTY.TEXAS AUGUST 20,2001 111 Al that certain tract or parcel of land lying and being situated m Jefferson County, rt Texas,parts of the WM. McFADDtN SURVEY,ABSTRACT NO.418, the T. &N.ORR SURVEY, SECTION NO, 5, ABSTRACT NO. 238, end the T. & N.O.RR SURVEY, el SECTION NO.9,ABSTRACT N0.242,and being parts of Blocks 14,15 and 18,Range N, Blocks 14,15 and 16,Range 0,and Blocks 15 and 15,Range P of the Lands of the Port '� C Arthur Land Co,the plat of wt>lch said subdivision is of wad In Volume 1,Page 22 of the Map Records of Jefferson County,Texas,and being a part of that certain tract of lend herein referred to as the"McFadden and Cordes"tract,winch said McFaddn and Cordts tract is designated 'TRACT NO. 18-C"and rs described In that certain instrument from W P H McFadden,Jr.and J.L.0 McFaddn,as Trustees of the MoPeddmTrost to JLC.McFadden. 01 MoFaddln Houk,Perry McFadden Duncan,W P H.MCFaddtn Jr,Macrae MoFaddin Ward, Carnelia B. McFadden and Di Vernon Mc Fadden Gordis,W.P H.McFaddn Jr.,and J LC Mcfaddln,jointly,and Mamie McFa ddin Ward,W P H.McFa ddirt,Jr.,J LC McFaddn,and CD Camelia B.MCFaddln and Di Vernon McFaddai Cordts,jos*,dated February 28,1948 and recorded Volume 692,Page 22 of the Deed Records of Jefferson County,Texas,and N in which said TRACT NO.18-C is indicated on that certain plat entitled"PARTITION MAP NO g 3 OF THE McFADDtN TRUST PROPERTY IN JEFFERSON COUNTY,TEXAS. "which said plat is of record in Volume 8,Page 110 of the Map Records of Jefferson County.Texas, and being a pact of that certain tract of lend herein referred to as the''Cordts"tract,which said Cordes tract Is described in that certain Instrument from E.G Cordes,Jr_,Independent C Executor of the Estate of Or Vernon Mcfaddtn Body to E.G Cordes, Jr., Coiieen Cleve D Cordts and Anna Cemelia Cordts,dated September 13,1994 and recorded under County Cleric's Fife No 94-9432523 of the Official Public Records of Real Property of Jefferson P') County,Texas,and the said tract herein described being that exact same certain tract of rp land hereon referred to as the"PAEDC"had, which sold PAEDC tract Is deflated rn that R. certain instrument from E G. Cordts, Jr., Colleen Clare Cardin Woe, .., and Anna Carnelia Cordes Edwardson. to Port Arthur Economia Development Corporation,dated February 28,2001 and recorded under County Clerk's Re No.2001007554 of the Official [D Public Records of Real Property of Jefferson County,Texas, end the said tract herein 3 described being more particularly described as follows: CO 13EQINt11113 at a iron rod with a Texas Department of Transportation aluminum cap i (TxDOT Type 1 Monument) found for the southeast corner of the sad tract herein Page 10 of 13 • Fik .VED 06/21/2016 14:48 4098392394 C JhfIYCLEIZI( Fax Server 8/21/2019 2:42:29 PM PAGE 004/008 Fax Server ea 5 described,the said corner being the southeast corner of the said PAEDC tract,and the said 0 corner also being the most southerlyon southwest corner of that certain tract of land here referred to as the"Parcel 31"tract,which said Parcel Si tract Is so designated and is 0 M descried m that certain instrument from EelGordis.Jr,Colleen Clare Cordts Rice and Anna Cornelia Cordts Edwardson to Jefferson County,dated Mari 15,1999 and recorded C under County Cleit's File No 1999009190 of the Official Pubic Records of Real Property of M Jefferson County,Texas,and the said comer being in the north In.of that certain tract of -Q. land herein referred to as the'Parcel 32"tract,which said Parcel 32 had la so designated n and le described in that certain instrument from The Mamie McFaddln Ward Haulage Foundabon to Jefferson County, dated December 12, 1996 and recorded under County Clerk's Fie No 96-9838512 of the Official Public Records of Real Property of Jefferson I--r County, Texas, the said corner being an interior angle point corner In the southwesexty M right-of-way line of Texas State Highway Spur 93,and the said TxDOT Type 1 Monument re found for corner being East(/Assumed Basis of Bearings-called South 89°3T OCT East) along and with the south one of the said PAEDC tract,said north line of the Parcel 32 tract ea and north line of that certain tract of land herein referred to as the'Ward"tract,which said Ward tract Is designated"11ZACTEO.19-C"and rs described in the herevnbetore referenced Instrument recorded N Volume 692,Page 22 of the Deed Records of Jefferson County, Texas,and which said TRACT NO.19-C is indicated on the hersrnbefore referenced plat of record in Volume 8, Page 110 of the Map Records of Jefferson County,Texas,a total distance of 5,430.99 feet (called 5,431.07 feet) from a 5B' Iron red with a yellow cap stamped"FRPLS 3636'found for reference; THENCE West(called North 89°3T 00'West)along and with the said south See of the PAEDC bract north line of the Parcel 32 tract and north line of the Wafd tract,passing at a distance of 16 62 feet(called 16.92 feet)a 5/8"iron rod found for the most northerly northwest corner of the said Parcel 32 triact,the said corner being en exterior angle point '.../ corner in the said southwesterly right-of-way tine of Texas State Highway Spur 93, and CD passing at a distance of 4,938.57 feet(tatted 4,938 91 feet)a 5f8"run rod with a yellow cap stamped "RPLS 3636"found for reference at the southeast corner of that certain trail of land her referred to es the"TRACT 198-A"tied which said TRACT 196e1 tract is so O herein referred and is described in that certain instrument (tided "RiGFlT-OF-WAY_ EASEMENT'")from Di Vernon McFaddln iabodeaux,formerly Di Vernon McFaddin Cordts, joined therein by her husband.Oren J.Kibodeaux to Jefferson County Carthage Distract No. 7 dated January 4, 1968 end recorded in Volume 1531,Page 123 of the Deed of 7 Jefferson County Texas,and pawing at a distance of 6,430 99 feet(called 5,431.07 feet) g the hereinbefore said 5e3 iron rod with a yellow cap stamped "RPLS 3836"found for (7 reference at the southwest comer of the said TRACT 196-A tract,and continuing(West) (a along and with the said south line of the PAEDC tract and north tine of the Ward tract,a total distance of 5,545 27 feet(called 5,546.35 feet)toe point for the southwest corner of the sad tract herein described,the said corner being the southeast comer of the said PAEDC track D and the said corner also being the northwest corner of the said Ward tract end the said corner being in the easterly line of that certain tract of fend herein referred to as the"TRACT A" tract. which said TRACT A tract rs so designated and is described in that chin (Li instrument from Darling Waver, et al to Jefferson County Drainage District No. 7 dated rr November 22. 1971 end recorded In Volume 1727, Page 481 of the Deed Records of e Jefferson County,Texas,end the said corner being in the centerline of Rtwdier Gully, Page 11 of t3 R, _VED 86/21/2016 14:48 4898392394 COUNTYCLERK Fax Server 6/21/2016 2:42:29 PM PAGE 005/006 Fax Server u (D N THENCE North 12°IT 39'West(caned North 11°64'13'West)along and with the US westerly line of the sad PAEDC tract,the said easterly line of the TRACT A tract and said 0 carnotite of Rhoden Gully,a distance of 724.96 feet(called 724 92 feet)to a point for the most westerly northwest corner of the said tract herein descnbed,the said comer being the Cmost westerly northwest corner of the said PAEDC tract,and the sad corner also being the most southerly corner of that certain tract of land herein referred to as the"J.L.C.McFaddlrn" tract,which sad J t.C.McFaddin tract is designated`TRACT NO.12-C"and is desctlibed in the herelnbefore referenced Instrument rem+ded in Volume 692, Page 22 of the Deed (7 Records of re rn County,Texas, Volume Page 110 of the Map Records of TRACT NO 12-C is indicated on the �• hereinbefore referenced plat Jefferson County,Texas; M TI-(ENCE North 39°67'OW East(called Wordy 40"20'00"East)along and ankh the CDmost westerly northwest line of the said PAEDC tract and most southerly southeast line of B the said J.LC.McFaddin tract,passing at a distance of 132.53 feet(called 132.53 feet)a CD 6/8"iron rod with h a yellow cap stamped"RPLS 3638"found for rreferenc nc 738.te northwest re comer of the hereinbefare3 said TRACT 196-A tad,and passing 0 feet 6 (called 735.85 feet) a 518" ran rod with a red plastic cep stamped "S&P INC" act for reference at the northeast corner of the said TRACT 196-A tract(and which said 5/8"iron •C rod with a red plastic asp set for reference is North 37°68'15"West a distance of 0.39 feet from a 5/8" iron rod with a yellow cap stamped"RPLS 3636"found for reference),and continuing(North 39"57'00"Ease)along and v+F4)h the said most westerly northwest isle of the PAEDC tract and most southerly southeast line of the J L C McFaddin tract, a total distance of 3,926.49 feet(called 3,925.81 feet)to a'r4"iron rod found for the most northerly corner of the said tract herein described,the sad carrier being the most northerly corner of the said PAEDC tract,and the said corner also being the most westerly corner of that certain tract of land heron referred to as the°Barnette- 1483/177" bad, which said Barnette L. 1483/177 tract rs descrbed en that certain instrument from Gulf Refining Company fD Barnette,Jr dated October 24,1966 and recorded In Volume 1483,Page 177 of the Deed Records of Jefferson County.Texas; THENCE South 49°48'OT East(caned South 49°23'24'East)along and with the most northerly northeast Tine of said PAEDG tract and southwesterly line of the said 6 Eeriness-1483/177 tract,a distance of 1,317 60 test(called 1,317.54 feet)to a l4"hen rod herein G in found nnor�com ther an sad PAEDC tract,and corner of the sad a said ocortrerr sad, the said corner being en llso being the most southerly -Z. corner of the stud Barnette•1483/177 tract n THENCE North 40°0T 68"East(caned North 40°33'04"East)along and with the CD most easterly northwest fine of the seal PAEDC tract and southeasterly line of the said 7R' Barnette- 1483/177 triad,a distance of 151 95 feet(caned 151.86 feet)to a 5/3"man rod with a yellow cap stamped'RPLS 3636"found for the most easterly northwest corner of the re said tract harem described,the said corner being the most easterly northwest westerly corner ofcorner o f the said PAEDC tract,and the said corner also being the most ain tract of land herein referred to as the"Barnette- 1483/176" tract, nMnidn said Barnette• tD re 1483/178 tact is descnbed in that certain instrument from Di Vernon McFaddh Cons -g joined therein by her husband.Edwin G.Carats to N K Barnette,Jr.dated October 11,1966 •[ Page 12 of 13 • R. .VED 06/21/2016 14:48 4098392394 COUNTYCLERK Fax Server 6/21/2016 2:42:29 PM PAGE 006/006 Fax Server • c.., ar and recorded In Volume 1483,Page 176 of the Deed Records�3of Jefferson found fCar core,,Texas, exr� a and the sad 6/8'iron rod with a yellow cap stemI�OA" West) along and will the sail g South 40° 11' 19' West (called South 40° 33' southeasterly line of the Barnette-1483/177 tied,r iw of land esterty line nenof the said ct referred toa e Barnette tlei• P 14831176 tract end southeasterly tine of that Ceti "LNVA" tract, which said LNVA tract is described in that certain Instrument from Gulf M Refining Company to the Lower Neches Valley Authority dated April 8.1975 and recorded In -' Volume 1878,Page 290 of the Deed Records of Jefferson County,Texas,a total distance of n 499.44 feet(called 500 0D feet)from a 5181 iron rod found for the most northerly corner of FIT the said Barnette-1483/176 tract,the said comer also being the most easterly comer�0 - said LNVA tract,and the said corner being in the hereirtbefore said soutlwlesteriy 'g 1-4way line of Texas State Highway Spur 93, THENCE South 83°44'08'East(called South 83°21'35'East)along and with the 3 most easterly north tine of the sad PAEDC tract and southerly line of the sand Barnette- CD1483/176 tract,a distance of 557.12 feet(coed 55712 feet)to a 6/8"Iron rod found for the ft most northerly northeast corner of the said tract herein desonbed,the said corner being the n most northerly northeast comer of the said PAEDC tract,and the said corner also being the o most northerly northwest corner of the hereinbefore said Parcel 31 tract,and the said corner -< being In the said southwesterly r1ght•of-way line of Texas State Highway Spur 93,and the said 5/8"Iron rod found for corner being South 27°38'14"East(called South 27°11'44' East)along and with the said southWestai1Y right-of-way!me of Teas State Highway Spur feel)from the tterembefore said 5/8"iron rod found ad distance of 49926 feet(called forty northerly comer of time Barnette-14831176 and most easterly corner of theLNVA THENCE South 27°30' 14'East(called South 27°ar 03°East)along and with the t✓ most easterly northeast line of the said PAEDC tract,southwesterly line of the said Parcel p31 tract and said southwesterly right-or-way line of Texas State Highway Spur 93,a total M distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning and Containtg 297.960 acres(called 297.9732 acres)of land,more or less c Prepared by •. Schaumburg&Polk,Inc S James Varrctt, n Registered Profeastorta1 Land Surveyor No 1761 R- GERM PLLC s KATE LEVERETT 113V 3 P.O, BOX 4915 BEAUMONT, TX 77704 FILED AND RECORDED Page l3 of 13 OFFICIAL PUBLIC RECORDS c%400'.. x'symtr Carolyn L. Guidry, County Clerk Jefferson County, Texas June 23, 2016 03:40:54 PM FEE: $50.00 2@160'