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HomeMy WebLinkAboutPR 24065 - AUTHORIZING A PURCHASE AGREEMENT BETWEEN PAEDC AND SPIDLE & SPIDLE, INC I c \1 PORT*ARTWJR 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 24065 I Regarding the Purchase Agreement between the Port Arthur Economic Development Corporation and Spidle& Spidle, Inc. Introduction: The intent of this Agenda Item is to seek the Port Arthur City Council's consideration and approval of a Purchase Agreement with Spidle& Spidle, Inc. Background: The PAEDC is requesting to sell approximately 2 acres from the Spur 93 Industrial Park to Spidle & Spidle, Inc. to relocate Spidle Oil from its current location at 401 W 19th St, Port Arthur,Texas 77640. The relocation will include the development of a 12,000 square foot building with warehouse and office area. The attached prepared Purchase Agreement provides the terms and conditions of the property sale. Budget Impact: $124,200 Revenue Recommendation: It is recommended that the Port Arthur City Council approve the Purchase Agreement with Spidle & Spidle, Inc. P. R.No.24065 11/26/2024 MDP RESOLUTION NO. A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A PURCHASE AGREEMENT WITH SPIDLE & SPIDLE, INC FOR THE SALE OF APPROXIMATELY 2 ACRES OF LAND AT THE CORNER OF JADE AVENUE AND S. BUSINESS PARK DRIVE 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 2 acres of land in the PAEDC Spur 93 Business Park(the"Business Park")to Spidle& Spidle, Inc. ("Spidle& Spidle"); and WHEREAS, Spidle& Spidle is a Texas corporation and would like to acquire the land in the Business Park to relocate Spidle Oil from its current location at 401 W 19th St, Port Arthur, TX 77640. The relocation will include the development of a 12,000 square foot building with warehouse and office area; and WHEREAS, Spidle & Spidle 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 2 acres of land in the Business Park to Spidle & Spidle 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 2 acres of land in the Spur 93 Business Park pursuant to the Purchase Agreement with Spidle& Spidle, Inc. 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 Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: Z74==" Terry Stokes, PAEDC CEO APPROVED AS TO FORM: Charles Zech,PAEDC Attorney #1155970 Page 2 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney #1155970 Page 3 Exhibit "A" Real Estate Sales Contract This Contract to buy and sell real property between the Port Arthur Economic Development Corporation ("Seller") and Spidle & Spidle, Inc. ("Buyer") is effective on the date of the last of the signatures by Seller and Buyer and by the Title Company as escrow agent as defined below to acknowledge receipt of the Contract and the Earnest Money in good funds ("Effective Date"). A. Purchase and Sale of Property A.1. Purchase and Sale Agreement. Subject to the terms and provisions of this Real Estate Sales Contract(the"Contract"), Seller agrees to sell and convey to Buyer and Buyer agrees to buy and pay Seller for two acres of real property out of the northeast corner of the ten-acre tract known as Block 2, Tract 2, Port Arthur Economic Development Corporation Business Park, and as generally depicted in Exhibit A(the"Property"). A.2. Purchase Price. The purchase pis $124,200.00 ($62,100.00 per acre) (the "Purchase Price") to be paid by Buyer to Seller sale and conveyance of the Property and will be payable in cash at the Closing. -` A.4. Performance. All deadlines in this Contract expire at 11:59 P.M. local time where the Property is located. If a deadline falls on a Saturday, Sunday, or holiday, the deadline will be extended to the next day that is not a Saturday, Sunday, or holiday. A holiday is a day, other than a Saturday or Sunday, on which state or local governmental agencies and financial institutions are not generally open for business where the Property is located. B. Earnest Money B.1. Deposit of Earnest Money. Upon execution of this Contract, Buyer wilE Earnest Money in good funds in the amount of$6,210.00, along with this fully executed'" ontract by Seller and Buyer with Stewart Title Company(the"Title Company"), as escrow agent,located at 8460 Central Mall Dr., Suite G, Port Arthur, Texas 77642, and which sum may be invested by the Title Company in a federally insured, interest-bearing account pending disposition thereof in accordance with this Contract(such sum and the interest accrued thereon being hereinafter referred to collectively as the "Earnest Money") and applied according to the terms of this Contract. The Title Company will acknowledge receipt of the Earnest Money by signing Title Company's "Receipt for Earnest Money Deposit" at the end of this Contract and send copies thereof to Seller and Buyer. B.2. Interest on Earnest Money. Buyer may direct the Title Company to invest the Earnest Money in an interest-bearing account in a federally insured financial institution by giving notice to the Title Company and satisfying the Title Company's requirements for investing the Earnest Money in an interest-bearing account. Any interest earned on the Earnest Money will become part of the Earnest Money. B.3. Application of Earnest Money. If the sale of the Property is consummated as contemplated in this Contract, then the Earnest Money will be applied to the Purchase Price at Closing. If this Contract is terminated prior to consummation of the sale of the Property in 1 accordance with this Contract,then the Earnest Money will be applied in accordance with sections D. and G.below. C. Title and Survey C.1. Review of Title. The following statutory notice is provided to Buyer on behalf of the real estate licensees, if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property examined by an attorney of Buyer's own selection or be furnished with or obtain a policy of title insurance. C.2. Title Commitment; Title Policy. "Title Commitment" means a Commitment for Issuance of an Owner Policy of Title Insurance by Title Company stating the condition of title to the Land. The"effective date" stated in the Title Commitment must be after the Effective Date of this Contract. "Title Policy" means an Owner Policy of Title Insurance issued by the Title Company in conformity with the last Title Commitment delivered to and approved by Buyer. Survey. To be obtained by Buyer,-403. expert "Survey"means an on-the-ground,staked plat of survey and metes-and-bounds description of the-Land, prepared by a Registered Professional Land Surveyor licensed by the state of Texas anceptable to Buyer, Seller, and the Title Company. Any existing Survey delivered by Seller mug accompanied by an affidavit detailing any changes to the Land and Improvements since thete of the Survey. For purposes of the legal description for the Land to be included in the Title Policy and the Deed and other documents to be delivered at Closing,the field notes prepared by the surveyor will control any conflicts or inconsistencies with the legal description contained on Exhibit A herein or in the Title Commitment and such field notes will be incorporated herein by this reference upon completion and substituted on Exhibit A herein and included as the legal description for the Land in the Deed and the Title Commitment and Owner's and Loan policies. C.4. Delivery of Title Commitment, Survey, and Legible Copies. Seller must provide for the delivery of the Title Commitment, any existing Survey from Seller, and legible copies of the instruments referenced in the Title Commitment within 10 days from the Effective Date of this Contract. If Seller's existing survey is not satisfactory to Buyer or the Title Company, Buyer may obtain, at Buyer's discretion, a current Survey within thirty days from the Effective Date of this Contract. C.S. Title Objections. Buyer has 10 days after delivery of the last of the Title Commitment,legible copies of the instruments referenced in the Title Commitment and the Survey if a new Survey is required by Buyer or Title Company("Title Objection Deadline")to review the Survey,Title Commitment,and legible copies of the title instruments referenced in them and notify Seller of Buyer's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected by the Survey and Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies Seller of any Title Objections, Seller has five days from receipt of Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing("Cure Notice"). If Seller does not timely give 2 its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within five days after the deadline for the giving of Seller's Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller's obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice. D. Inspection Period and Buyer's Right to Terminate D.1 Inspection Period. Buyer's inspection of the Property may be conducted commencing on the Effective Date of the Contract and ending at 11:59 P.M. local time where the Property is located, 30 days after the Effective Date(the"Inspection Period"). D.2 Buyer's Right to Terminate. Buyer may terminate this Contract for any reason by notifying Seller of the termination in writing before the end of the Inspection Period.Upon Buyer's delivery of written notice of termination to the Seller, the Title Company is hereby authorized to deliver the Earnest Money to Buyer, less $100, which will be paid to Seller as consideration for the right granted by Seller to Buyer to terminate this Contract. Upon written request by Seller, Buyer will provide to Seller copies of the following reports related to the Property in Buyer's possession: environmental reports,physical inspection reports, and surveys. If Buyer does not deliver written notice to Seller of Buyer's termination of the before the end of the Inspection Period, Buyer waives the right to terminate this Contraursuant to this provision. D.3. Review of Seller's Records. Seller will make available to Buyer copies dweller's records specified in Exhibit C ("Seller's Records"), or otherwise make Seller's Recordailable for Buyer's review (for instance, through an online file sharing service), within 10 dayom the Effective Date of this Contract. D.4. Entry onto the Property. Buyer and its duly authorized agents and representatives may enter the Property before Closing, at Buyer's cost and risk, subject to the following: D.4.a. Buyer must deliver evidence to Seller that Buyer has commercial general liability insurance, with coverages and in amounts that are substantially the same as those maintained by Seller or with such lesser coverages and in such lesser amounts as are reasonably satisfactory to Seller. D.4.b. Buyer may not interfere in any material manner with existing operations or occupants of the Property. D.4.c. Buyer must notify Seller in advance of Buyer's plans to conduct tests so that Seller or Seller's representatives may be present during the tests. D.4.d. If the Property is physically altered because of Buyer's inspections, Buyer must return the Property to its preinspection condition promptly after the alteration occurs. D.4.e. Buyer must abide by any other reasonable entry rules imposed by Seller. 3 F ' D.5. Environmental Assessment. Prior to the end of the Inspection Period, Buyer has the right to conduct environmental assessments of the Property. Seller will provide, or will designate a person with knowledge of the use and condition of the Property to provide,information requested by Buyer or Buyer's agent or representative regarding the use and condition of the Property during the period of Seller's ownership of the Property. Seller will cooperate with Buyer in obtaining and providing to Buyer or its agent or representative information regarding the use and condition of the Property before Seller's period of ownership to the extent that the information is within Seller's possession or control. D.6. Buyer's Indemnity and Release of Seller D.6.a. Indemnity. Buyer will indemnify,defend,and hold Seller harmless from any loss, attorney's fees, expenses,or claims arising out of Buyer's inspection of the Property, except those arising out of the acts or omissions of Seller and those for repair or remediation of existing conditions discovered by Buyer's inspection. The obligations of Buyer under this provision will survive termination of this Contract and Closin&:41ny other prow lion of this Coact to the contrary notwithstanding. D.6.b. Release. Buyer releases Seller and those persons acting on Seller _behalf fro all claims and causes of action (including claims for attorney's fees and court and other costal resulting from Buyer's inspection of the Property. E. = Representations;As Is,Where Is Provision; Environmental Matters The parties' representations stated in sections A. and D. of Exhibit B are true and correct as of the Effective Date and must be true and correct on the Closing Date. A party who becomes aware that any of the representations of either party are not true and correct will promptly notify the other party. Unless a party notifies the other party to the contrary on or before the Closing Date, or a party has actual knowledge to the contrary as of the Closing Date, each party is entitled to presume that the representations of the other party in Exhibit B are true and correct as of the Closing Date. The parties agree to the terms of section B. (As Is,Where Is)and section C. (Environmental Matters) in Exhibit B. F. Condition of the Property until Closing; Cooperation; No Recording of Contract F.1. Maintenance and Operation. Until Closing, Seller will (a)maintain the Property as it existed on the Effective Date, except for reasonable wear and tear and casualty damage; (b) use the Property in the same manner as it was used on the Effective Date; (c) comply with all Leases and other contracts of Seller pertaining to the Property in effect on the Effective Date and all laws and all governmental regulations affecting the Property; and (d) not encumber, transfer, or dispose of any of the Property, except to sell inventory, replace equipment, and use supplies in the normal course of operating the Property. Until the end of the Inspection Period, Seller will not enter into, amend, or terminate any Lease or other contract that affects the Property other than in the ordinary course of operating the Property and will promptly give notice to Buyer of each new, amended,or terminated Lease or other contract,including a copy of the Lease or other contract,in sufficient time so that Buyer may consider the new information before the end of the Inspection 4 Period. If Seller's notice is given within three days before the end of the Inspection Period, the Inspection Period will be extended for three days. After the end of the Inspection Period, Seller may not enter into, amend, or terminate any Lease or other contract that affects the Property without first obtaining Buyer's written consent, which Buyer will have no obligation to grant and, if granted,may be conditioned in any manner Buyer in its sole discretion deems appropriate. F.2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before Closing.Buyer may terminate this Contract if the casualty damage that occurs before Closing would materially affect Buyer's intended use of the Property,by giving notice to Seller within fifteen days after receipt of Seller's notice of the casualty(or before Closing if Seller's notice of the casualty is received less than fifteen days before Closing). If Buyer does not terminate this Contract, Seller will (a) convey the Property to Buyer in its damaged condition, and (b) the Purchase Price will be reduced by the cost to repair the casualty damage less any amounts previously paid or incurred by Seller to repair the Property. F.3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi-governmental authority. Buyer may teiiiiinate this Contract if the condemnation would materially affect Buyer's intended use of the Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before Closing if Seller's notice is received less than fifteen days before Closing). ETA E4. Claims; Hearings. Seller will notify Buyer promptly after Seller receives notice of ' claim or administrative hearing that is threatened, filed, or initiated before Closing that involves or directly affects the Property. F.5. Cooperation. Seller will cooperate with Buyer, (a) before and after Closing, to transfer the applications, permits, and licenses held by Seller and used in the operati of the Property and to obtain any consents necessary for Buyer to operate the Property after Closing, and (b) before Closing, with any reasonable evaluation, inspection, audit, or study of the Property prepared by, for, or at the request of Buyer. F.6. Cessation of Marketing and Other Activities. During the term of this Contract, Seller(a)will not contract to sell or lease the Property or grant any easement or other rights to the Property to any other person(whether or not such contract is denominated as a"back-up"contract); (b) will cease all efforts to market the Property to any other prospective buyer or lessee thereof; and (c) will inform any such prospective buyer or lessee inquiring as to the status of the Property that it is under contract of sale. G. Termination G.1. Disposition of Earnest Money after Termination G.1.a. To Buyer. If Buyer terminates this Contract in accordance with Buyer's rights to terminate, Buyer may make a written demand on the Title Company for the Earnest Money, and Title Company will promptly deliver a copy of the demand to Seller. Unless Seller delivers a written objection to the Title Company, within fifteen days after the Title Company delivers 5 Buyer's written demand for the Earnest Money, the Title Company will, without any further authorization from Seller, deliver the Earnest Money to Buyer, less $100, which will be paid to Seller as consideration for the right granted by Seller to Buyer to terminate this Contract. G.1.b. To Seller. If Seller terminates this Contract in accordance with Seller's rights to terminate, Seller may make a written demand on the Title Company for the Earnest Money, and the Title Company will promptly deliver a copy of the demand to Buyer. Unless Buyer delivers a written objection to the Title Company, within fifteen days after the Title Company delivers Seller's written demand for the Earnest Money, the Title Company will, without any further authorization from Buyer, deliver the Earnest Money to Seller. G.2. Duties after Termination. If this Contract is terminated after the expiration of the Inspection Period, Buyer will promptly return to Seller or destroy as directed by Seller all of Seller's records in Buyer's possession or control. After return of the records, neither party will have further duties or obligations to the other under this Contract, except for those obligations that cannot be or were not performed_before termination of this Contract or that expressly survive termination of this Contract. H. Closing = H 1. Closing. This transaction will close ("Closing") at the Title Company's offices on Of before 15 days after the termination of the Inspection Period (the "Closing Date"), unless ex t ed by mutual agreement of Buyer and Seller, as evidenced in signed writing by both parties. H.2. Conditions of Closing. Neither party will be obligated to close the sale and purchase of the Property unless the other party has satisfied the following conditions, any of which may be waived by the first party in its discretion: H.2.a. Representations and Warranties. The representations and warranties of the other party must be true and correct at Closing. H.2.b. Performance of Covenants and Agreements. The other party must have performed all covenants and agreements required to be performed at or before Closing by that party. H.2.c. No Bankruptcy. No voluntary or involuntary proceeding in bankruptcy shall be pending with respect to that party. H.3. Closing Documents; Title Company Documents. The parties will execute and deliver the following closing documents and any documents required by the Title Company. H.3.a. At Closing, Seller will deliver the following items: Special Warranty Deed IRS Nonforeign Person Affidavit Evidence of Seller's authority to close this transaction 6 Notices, statements, or certificates as specified in Exhibit D H.3.b. At Closing, Buyer will deliver the following items: Balance of Purchase Price Evidence of Buyer's authority to close this transaction Deceptive Trade Practices Act waiver The documents listed in these paragraphs H.3.a. and H.3.b. are collectively known as the "Closing Documents." Unless otherwise agreed by the parties before Closing, the Closing Documents for which forms exist in the current edition of the Texas Real Estate Forms Manual (State Bar of Texas)will be prepared using those forms. H.3.c. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts that Buyer is obligated to pay under this Contract to the Title Company in funds acceptable to the Title Company. The Earnest Money will be applied to the Purchase Price. H.3.d. Disbursement of Funds; Recording; Copies. The Title Company will be instructed to disburse the Purchase Price and other funds in accordance with this Contract, record the deed and the other Closing Documents directed to be recorded, and distribute documents and copies in accordance with the parties' written instructions. H3.e. Delivery of Originals. Seller will deliver to Buyer the originals of Seller's Reds. E4-5H 3 f= ssessaor , - Seller will deliver possession 7- PiAperty to Buyer, subject to the Per tions exig at Closing. H.4. Transaction Costs H.4.a. Seller's Costs. Seller will pay the basic charge for the Title Policy; one-half of the escrow fee; the costs to prepare the deed; the costs to obtain, deliver, and record releases of any liens required to be released in connection with the sale;the costs to record documents to cure Title Objections agreed or required to be cured by Seller and to resolve matters shown in Schedule C of the Title Commitment; the costs to obtain the certificates or reports of ad valorem taxes; the costs to deliver copies of the instruments described in paragraph C.5. and Seller's records; any other costs expressly required to be paid by Seller in this Contract; and Seller's attorney's fees and expenses. H.4.b. Buyer's Costs. Buyer will pay one-half of the escrow fee; the costs to obtain, deliver, and record all documents other than those to be obtained or recorded at Seller's expense; the additional premium for the "survey/area and boundary deletion" in the Title Policy, if the deletion is requested by Buyer, as well as the cost of any other endorsements or modifications of the standard form of Title Policy requested by Buyer; the costs of work required by Buyer to have the Survey reflect matters other than those required under this Contract except changes required for curative purposes;the costs to obtain financing of the Purchase Price,including the incremental 7 premium costs of the loan title policies and endorsements and deletions required by Buyer's lender; any other costs expressly required to be paid by Buyer in this Contract; and Buyer's attorney's fees and expenses. H.4.c. Ad Valorem Taxes. Ad valorem taxes on the Property for all years before the calendar year of Closing must be paid by Seller at or before Closing. Ad valorem taxes for the Property for the calendar year of Closing will be prorated between Buyer and Seller as of the Closing Date. If the ad valorem taxes for the current year are assessed,the Title Company will pay the current year's ad valorem taxes at Closing. If the ad valorem taxes for the current year are not assessed, Seller's portion of the prorated taxes will be paid to Buyer at Closing as a credit to the Purchase Price. Buyer will assume the obligation to pay, and will pay in full, such taxes for the year of Closing before delinquency. If the assessment for the calendar year of Closing is not known at the Closing Date,the proration will be based on tax rates for the previous tax year applied to the most current assessed value, and Buyer and Seller will adjust the prorations in cash within thirty days after the actual assessment and taxes are known. Seller will promptly notify Buyer of all notices of proposed or final tax valuations and assessments that Seller receives after the Effective Date and after Closing. H4.d. Income and Expenses. Income and expenses,including service contracts assumed by Buyer, general and special assessments, and sewer, water and other utility costs pertaining to the Property will be prorated as of the Closing Date on an accrual basis and paid at Closing as a credit or debit adjustment to the Purchase Price. Invoices that are received after Closing for operating expenses incurred on or before the Closing Date and not adjusted at Closing will be prorated between the parties as of the Closing Date, and Seller will pay its share within ten days after receipt of Buyer's notice of the deficiency. H 4.e. Postclosing Adjustments. If errors in the prorations made at Closing arentified within ninety days after Closing, Seller and Buyer will make post-closing adjustment`correct the errors within fifteen days after receipt of notice of the errors. H.5. Issuance of Title Policy. Seller will cause the Title Company to issue the Title Policy to Buyer promptly after Closing. I. Default and Remedies 11. Seller's Default; Remedies before Closing. If Seller fails to perform its obligations under this Contract ("Seller's Default"), Buyer may elect one of the following as its sole and exclusive remedy before Closing: L1.a. Termination;Liquidated Damages. Buyer may terminate this Contract by giving notice to Seller on or before the Closing Date and have the Earnest Money, less $100 as described above,returned to Buyer. I.1.b. Specific Performance. Unless Seller's Default relates to the untruth or incorrectness of Seller's representations for reasons not reasonably within Seller's control, Buyer may seek to enforce specific performance of Seller's obligations under this Contract,but any such action must be initiated, if at all,within 30 days after the breach or alleged breach of this Contract. If such action is not initiated within that period and this Contract has not previously been 8 terminated,Buyer will be deemed to have elected to terminate this Contract as of the expiration of that period. If title to the Property is awarded to Buyer, the conveyance will be subject to the matters stated in the Title Commitment. I.2. Seller's Default; Remedies after Closing. If Seller's representations are not true and correct at Closing due to circumstances reasonably within Seller's control and Buyer does not become aware of the untruth or incorrectness of such representations until after Closing, Buyer will have all the rights and remedies available at law or in equity. If Seller fails to perform any of its obligations under this Contract that survive Closing, Buyer will have all rights and remedies available at law or in equity unless otherwise provided by the Closing Documents. I.3. Buyer's Default; Remedies before Closing. If Buyer fails to perform any of its obligations under this Contract("Buyer's Default"), Seller may terminate this Contract by giving notice to Buyer on or before Closing and have the Earnest Money paid to Seller. I.4. Buyer's Default; Remedies after Closing. If Buyer fails to perform any of its obligations under this Contract that survive Closing, Seller will have all rights and remedies available at law or in equity unless otherwise provided by the Closing Documents. I.S. Liquidated Damages. The parties agree that just compensation for the harm that would be caused by a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that Buyer's Liquidated Damages or the Earnest Money are reasonable forecasts of just compensation to the nondefaulting party for the harm that would be caused by a default. J. Miscellaneous Provisions J.1. Notices. Any notice required by or permitted under this Contract must be in writing.Any notice required by this Contract will be deemed to be given(whether received or not) the earlier of receipt or three business days after being deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Contract.Notice may also be given by regular mail,personal delivery, courier delivery, or email and will be effective when received, provided that (a) any notice received on a Saturday, Sunday, or holiday will be deemed to have been received on the next day that is not a Saturday, Sunday,or holiday and(b) any notice received after 5:00 P.M. local time at the place of delivery on a day that is not a Saturday, Sunday, or holiday will be deemed to have been received on the next day that is not a Saturday, Sunday, or holiday. Any address for notice may be changed by not less than ten days' prior written notice given as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. To Buyer: William D. Spidle (ENTITY) (STREET) (CITY, STATE,ZIP) (email) (PHONE) 9 With a copy to: To Seller: Terry Stokes,Chief Executive Officer Port Arthur Economic Development Corporation 501 Proctor Street, Suite 100 Port Arthur,TX 77640 tstokes@paedc.org (409)963.0579 With a copy to: Allison Bastian-Rodriguez Denton Navarro Rodriguez Bernal Santee&Zech, 701 E. Harrison Street, Suite 100 Harlingen,TX 78550 abrodri iiuez@a rampagela\t.com (956) 421-4904 =- 12. Entire Agreement. This Contract, its exhibits,and any Closing Documents are the enter agreement of the parties concerning the sale of the Property by Seller to Buyer. There are no presentations, warranties, agreements, or promises pertaining to the Property or the sale of the operty by Seller to Buyer, and Buyer is not relying on any statements or representations of Seller or any agent of Seller,that are not in this Contract,its exhibits,and any Closing Documents. Amendment. This Ctact may be amended only an instrument in-writing signed by the parties. J.4. Prohibition of Assignment. Buyer may not assign this Contract or Buyer's rights under it without Seller's prior written consent, which Seller has no obligation to grant and which, if granted, may be conditioned in any manner Seller deems appropriate, and any attempted assignment without Seller's consent is void. The consent by Seller to any assignment by Buyer will not release Buyer of its obligations under this Contract, and Buyer and the assignee will be jointly and severally liable for the performance of those obligations after any such assignment. J.S. Survival. The provisions of this Contract that expressly survive termination or Closing and other obligations of this Contract that cannot be performed before termination of this Contract or before Closing survive termination of this Contract or Closing, and the legal doctrine of merger does not apply to these matters. If there is any conflict between the Closing Documents and this Contract, the Closing Documents control. The representations made by the parties as of Closing survive Closing. 10 16. Choice of Law; Venue. THIS CONTRACT IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE-OF-LAW RULES OF ANY JURISDICTION. VENUE IS IN JEFFERSON COUNTY. J.7. Waiver ofDefault. Default is not waived if the nondefaulting party fails to declare a default immediately or delays taking any action with respect to the default. J.B. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Contract. J9. Severability. If a provision in this Contract is unenforceable for any reason,to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this Contract, and this Contract is to be construed as if the unenforceable provision is not a part of the Contract. J.10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document aretrued against the party who drafted it does not apply in interpreting this Contract. J11. No Special Relationship. The parties' relationship is an ordinary commercial relationship,and the parties do not intend to create the relationship of principal and agent,partners, joint venturers, or any other special relationship. J12. Counterparts. If this Contract is executed in multiple countets, all counterparts taken together constitute this Contract. Copies of signatures to this Contract are effective as original signatures. J.13. Confidentiality. This Contract, this transaction, and all information learned in the course of this transaction will be kept confidential, except to the extent disclosure is required by law or court order or to enable third parties to advise or assist Buyer to inspect the Property or Seller or Buyer to close this transaction. Remedies for violations of this provision are limited to injunctions, and no damages or rescission may be sought or recovered as a result of any such violations. J.14. Binding Effect. This Contract binds,benefits, and may be enforced by the parties and their respective heirs, successors, and permitted assigns. K. Exhibits The following are attached to and are a part of this Contract: Exhibit A—Legal Description of Land Exhibit B—Representations; Environmental Matters Exhibit C—Seller's Records Exhibit D—Notice and Provision of Restrictive Covenants (Signature page follows) 11 SELLER Port Arthur Economic Development Corporation By: Terry Stokes Its: Chief Executive Officer Date: BUYER (Entity) By: William D. Spidle Its: (Title) Date: Title Company's Acceptance of Contract Title Company, by its execution and delivery of this Real Estate Sales Contract, acknowledges it is "the person responsible for closing" the transaction that is the subject of this Contract pursuant to section 6045(e) of the Internal Revenue Code and to prepare and file all informational returns, including, without limitation, IRS Form 1099S, and to otherwise comply with the provisions of section 6045(e)of the Internal Revenue Code, and acknowledges receipt of a fully executed counterpart of this Real Estate Sales Contract on this day of 20 By Name: Title: Receipt for Earnest Money Deposit Title Company acknowledges receipt of the Earnest Money deposit of$5,000.00 required under this Real Estate Sales Contract on this day of , 20_. By Name: Title: 12 Exhibit A Description of Land—Jefferson County, Texas _ ._ ............. orAcs....te I I°'77 . ___ VaDYNO ITU. ' \\ •,,,,_:,,,,...,_,...,..,,,,,,_, , V, \\ \ ' I ''N,iiimmor,' :_ ...,.. - . . \\ . . \S..,. .. . ' \ N ' \ ..ISE.FORMI.OX,MA MEW 0 '. ,A, ........ , - , •+,f,}),. 1 : I \ . '4' pORT ARTHUR ECONOMAI DEVELOPMENT Eil '4 MASTER PROPERTY \ 1--- Y PARCEL MAP DGLE I'•ERt .. r. .-Z.- , 1....... 1 ,•,..., • •••• _ :.,,, . ,...... •:,.: ._.. ..,:...: .__:•,,,,,, ,3 Exhibit B Representations; Environmental Matters A. Seller's Representations to Buyer Seller represents to Buyer that the following are true and correct as of the Effective Date and will be true and correct on the Closing Date, unless Seller has given Buyer notice of any changes prior to the Closing Date that such circumstances have changed due to causes not reasonably within Seller's control. A.1. Authority. Seller is a Type A Economic Development Corporation duly organized,validly existing,and in good standing under the laws of the state of Texas with authority to perform its obligations under this Contract. This Contract is binding on Seller. This Contract is, and all documents required by this Contract to be executed and delivered to Buyer at Closing will be, duly authorized, executed, and delivered by Seller. A.2. Litigation Seller has not received written notice and has no actual knowledge of any-litigation pending or threatened against the Property or Seller that might adverselect the Prouty or Seller's ability to perform its obligations under this Contract. A.3. Violation of Governmental Requirements. Seller has not received writtnotice and has no actual knowledge of violation of any law, ordinance, regulation, restriction, legal requirements affecting the Property or Seller's use of the Property. A.4. Licenses, emits, and Approvals. Seller has not received written notice nd has no actual knowledge thaty license, permit, or approval necessary to use the Proper in the manner in which it is currently being used has expired or will not be renewed on expire or that any material condition wil ee imposed to use or renew the same. A.S. Condemnation;Zoning;Land Use;Hazardous Materials. Seller has not received written notice and has no actual knowledge of any condemnation, zoning, land use, hazardous materials, or other proceedings affecting the Property or any written inquiries or notices by any governmental authority or third party with respect to condemnation, zoning, or other land-use regulations or the presence of hazardous materials affecting the Property. A.6. Terrorist Organizations Lists. Seller is not, and Seller has no actual knowledge that any of its partners, members, shareholders, owners, employees, officers, directors, representatives, or agents is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control of the Department of the Treasury or under any statute, executive order, or other governmental action. A.7. No Other Obligation to Sell Property or Restriction against Sale. Seller is not obligated to sell any of the Property to any person other than Buyer. Seller's performance of this Contract will not cause a breach of any other agreement or obligation to which Seller is a party or by which Seller or the Property is bound. 14 A.8. No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and materialman's liens and other liens and encumbrances of any nature not arising by,through, or under Buyer except the Permitted Exceptions or liens to which Buyer has given its consent in writing, and no work or materials will have been furnished to the Property by Seller that might give rise to mechanic's, materialman's, or other liens against the Property other than work or materials to which Buyer has given its consent in writing. A.9. Seller's Records. The records provided by Seller to Buyer for Buyer's inspections will be true, correct, and complete copies of the records in Seller's possession or control. The records that were prepared by or under Seller's supervision and control will be true, correct, and complete in all material respects.Unless Seller notifies Buyer to the contrary at the time of delivery of records provided by Seller to Buyer that were not prepared by or under Seller's supervision and control, Seller has no actual knowledge that such records are not true,correct, and complete in any material respect. A.10. No Other Representation. Except aistated above or in any notices, statements, and certificates set forth in Exhibit D, Seller makes norepresentation with respect to the Property. A.11. No Warrant Except as set forth in this Contract AM in the Closing Documents, Seller has made no warrantyin connection with this transaction. B. "As Is,Where Ism THIS CONTRACT IS AN ARM'S-LENGTH AGREEMENT BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN"AS IS,WHERE IS"TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES, EXCEPT THOSE IN THIS CONTRACT AND THE CLOSING DOCUMENTS. - BUYER IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS CONTRACT AND THE CLOSING DOCUMENTS.BUYER IS NOT RELYING ON ANY INFORMATION REGARDING THE PROPERTY PROVIDED BY ANY PERSON, OTHER THAN BUYER'S OWN INSPECTION AND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS CONTRACT AND THE CLOSING DOCUMENTS. The provisions of this section B. regarding the Property will be included in the deed with appropriate modification of terms as the context requires. C. Environmental Matters AFTER CLOSING, BUYER RELEASES SELLER FROM LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY (1) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT(RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE; OR (2) ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE 15 EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON SELLERS IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. THIS RELEASE APPLIES EVEN WHEN THE ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY RESULT FROM SELLER'S OWN NEGLIGENCE OR THE NEGLIGENCE OF SELLER'S REPRESENTATIVE. The provisions of this section C. regarding the Property will be included in the deed with appropriate modification of terms as the context requires. D. Buyer's Representations to Seller Buyer represents to Seller that the following are true and correct as of the Effective Date and will be true and correct on the Closing Date, unless Buyer has given Seller notice of any changes prior to the Closing Date that such circumstances have changed due to causes not reasonably within Buyer's control. D.1. Authority. Buyer is a (Type of Entity/Corporation) duly organized, validly existing, and in good standing under the laws of the state of Texas with authority to perform its obligations under this Contract. This Contract is binding on Buyer. This Contract is, and all documents required by this Contract to be executed and delivered to Seller at Closing will be,duly authorized, executed, and delivered by Buyer. D.2. Terrorist Organizations Lists. Buyer is not, and Buyer has no actual knowledge that any of its partners, members, shareholders, owners, employees, officers, directors, representatives, or agents is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control of the Department of the Treasury or under any statute, executive order, or other governmental action. 16 Exhibit C Seller's Records To the extent that Seller has possession or control of the following items pertaining to and currently impacting the Property, Seller will deliver or make the items or copies of them available to Buyer by the deadline stated in paragraph D.3.: Governmental governmental licenses, certificates, permits, and approvals records of any tax exemption, special use, or other valuation or exemption applicable to the Property records of regulatory proceedings or violations (for example, condemnation, environmental) _ Land — —i soil report -- environmental reports and other information regarding the environmental condition of the Property water rights�' engineering reports -- J y rsurveys = _ -- Facilities as-built plans, specifications, and mechanical drawings for improvements warranty agreements management, employment, labor, service, equipment, supply, and maintenance agreements insurance policies and loss runs ADA and other building inspection reports engineering reports environmental reports incident reports 17 Exhibit D Notice and Provision of Restrictive Covenants The Property being purchased by Buyer is subject to deed restrictions 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.Copies of the restrictions are included with this Exhibit. 47 18 111111111111110011111111111111111111111111 "T 2006003269 15 PGS COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK 1 1/30/05 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 fonnal 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 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. 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 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 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 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 TCBQ 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 4of13 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 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 31" 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: g tegogY Regt rya !egts 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 4,8 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 May be 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 �equiremnti —_ 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,b,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. 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.G. 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 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 iron rod found for the most northerly corner 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 refereed 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 Y2"iron rod found for an interior corner of the said tract herein described, the said comer 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 "Bamette - 1483/176" 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. 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 Barnette - 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 Bamette- 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 kg-. day o , 2006. Eli Roberts, President City of Port Arthur Section 4A Economic Development Corporation SWORN and SUBSCRIBED to on this the I11 1 day of 2006. M. Barnes C14-n-,7) pubttc • ' tate of Texas Texas Jana M. Barnes * `:xpires p `Y Notary Public 006 * State of Texas coloccree Commission Expires August 26, 2606 SIGNED and AGREED to on this the . O day of CA6VMAIA.At, 2006. e‘154) Li da Spears, ec e y City of Port Arthur Section 4A Economic Development Corporation SWORN and SUBSCRIBED to on this the Mg- day of , 2006. 4) Y J..�,a t 9 limes ceciti AI °44114-jD _Ai * j` * State of Tens No in and for the State of Texas %coop Commission Expires August 26, 2006 IIIIIIIINIIIIIIIVIIIIIIIIIVI(IIIIIIIIillllllllllil Am° 2007017117 i6 PCS /9F c�/G AMENDMENT NO. 1 TO F� COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK Aely1p 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 fortunel 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 lo Li day of f'QJLx , 2007. r 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 ZIP day of bvea__, �• BRENDA C.VAUGHIi � IEOIAU RIIItUMVXTNAS6 {/ att * CO1111Ii1101 gIIIIN .71 , JUNE 7, ZOO. NOTARY PUBLIC, STA OF TEXAS SIGNED and AGREED to on this theD day of ,2007. J%J,Y4L 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 Af02:1 1 , A.D, 2007 . V �� v,. BRENDA G.VAUGHN 114-110-NOTARY PUBLIC, STA OF TEXAS 44. ROiARMIUCSTATECC U v4koeitip eo wllllos IIPJR1JJs 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 N APPENDIX "A" cn 0 DESCRIPTION OF A 0 297 960 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 CT JEFFERSONCOUNTY, TEXAS 77 = AUGUST 20,2001 CD 's All that certain tract or parcel of land lying and being situated in Jefferson County, C 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. URg Y n SECTION NO. 9,ABSTRACT NO. 242, and being parts of Blocks 14, 15 and 16, , Blocks 14, 15 and 16, Range 0, and Blocks 15 and 16, Range P of the Lands of the Port "CI 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.0 McFaddin, as Trustees of the McFaddin Trust to J.L.C. McFaddin, Di McFaddin Houk, Perry McFaddiin Duncan,W P H. McFaddin Jr , Mamie McFaddin Ward, Camelia B. McFaddr and Di Vernon McFaddin Cordts, W.P H. McFaddin Jr., and J L.0 McFadden,jointly, and Mamie McFaddin Ward,W P H. McFaddin, Jr., J L.0 McFaddin, and CD 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 CAD 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 = 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 "Cordes" tract, which a said Cordts tract is descrbed in that certain instrument from E.G Cordts, Jr., Independent C Executor of the Estate of Di Vernon McFaddin Berty to E.G Cordts, Jr., Colleen Cleve = Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County Clerk's Fife 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 N land herein referred to as 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 ►--i Camelia Cordts Edwardson, to Port Arthur Economic Development Corporation, dated �- February 28, 2001 and recorded under eff�rson CCountyFile Texas, and54 of the tract Official CD Public Records of Real Property 3 described being more particularly described 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 Q 77 Page 10 of 13 c� CD ai described, the said corner being the southeast corner of the said PAEDC tract, and the said cM corner also being the most southerly southwest corner of that certain tract of land herein O 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 Q 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 "S Clerk's Fite No 96-9638512 of the Official Public Records of Real Property of 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 Bearings - called South 89° 3T 00" East) 3 along and with the south line of the said PAEDC tract, sand 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 n Ward tract is designated "TRACT NO. 19-C"and is described in the hereinbefore referenced 0 instrument recorded in Volume 692, Page 22 of the Deed Records of Jefferson County, -0 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 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 sand 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 --ID stamped "RPLS 3636" found for reference at the southeast corner of that certain tract of rri land herein referred to as the "TRACT 196-A" tract, which said TRACT 196-A tract rs 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, Ojoined therein by her husband, Oren J. Krbodeaux 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) (D along and with the sand 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 comer of the said M tract herein described, the said corner being the southwest corner of the said PAEDC tract, D and the said corner also being the northwest corner of the said Ward tract, and the said Ncorner 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 CD instrument from Darling Klaver, et al to Jefferson County Drainage District No. 7 dated i--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 10 Page 11 of 13 v CD CCD 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 corner of the said tract herein described,the said corner being the nmost 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" = 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 i"' 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 -s the said J.L.C. McFaddin tract, passing at a distance of 132.53 feet (called 132.53 feet) a 518" 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 0 (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 '/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 Barnette - '__, 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 CD Records of Jefferson County,Texas; 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 O8artnette - 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 = interior corner of the said PAEDC tract, and the said corner also being the most southerly ' corner of the said Bamette- 1483/177 tract, n 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 F--+ with e 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 Bamette - fD 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 Bamette, Jr. dated October 11, 1966 O .� Page 12 of 13 (...-1 CD CD and recorded in Volume 1483, Page 176 of the Deed Records 3of Jefferson forCounty Texas corner beingand the said 5/8" iron rod with a yellow cap stamped R O South 40° 11' 19" West (called South 40° 33' 04" West) along and with the said = southeasterly line of the Barnette - 1463/177 trail, northwesterly line of the said Barnette - ) 14831176 tract and southeasterly line of that certain tract of land herein referred to as the O O "LNVA" tract, which said LNVA tract Is described in that certain instrument from Gutf = Refining Company to the Lower Neches Valley Authority dated April 8, 1975 5 andl d ecorded In :Z Volume 1876, Page 290 of tfie Deed Records of Jefferson County, distanof C-7 499.44 feet (called 500 00 feet) from a 5/8" iron rod found for the most northerly corner of ner of the —r the said Barnette the 76 tract,said said corner being said amin the hererner also bnbeforre saiding the t easterly southwesterlyy right-of- � said LNVA tract, and th H way line of Texas State Highway Spur 93, r- 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 - CD 1483/176 tract, a distance of 557.12 feet (called 557 12 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 f 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, from a disfor th her y corne26 feet lr�of th499.56 Barnetttte- 1483/176 tract e hereinbefore nd mostid 5/8" iron rod easterly corner found forth Y 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 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 O Containing 297.960 acres(called 297.9732 acres)of land,more or less C) O C Prepared by ,2- Schaumburg&Polk, Inc E James Verrett, 0 Registered Professional Land Surveyor No 1781 CD 77 r-1 r'f CD 3 CD Q .yam Page 13 of 13 i • 111111111 - -313 a vcs AMIENDMIMT NO.2 TO COVENANTS AND RESTRICTIONS PORT ARTHUR BUSINESS PARK WHEREAS,the City of Port Arthur Section 4A Economic Development Corporation (tho"PABDC`)Filed its ortSittal Covenants and Restrictions,POrt Arthur BEIeiaes5 Park,dated November 30, 2005 m the Official Public Records of Real Property of Jefferson C3ou$y, Texas on,or about January 26, 2006, under File No. 2006003269 as it pertains to Mc land described in Append"'A"attsrhed bere14G WHEREAS,the PABDC filed the Amanda:mit No, 1 to Ca1NGoanta and Restrictions in the Official Public Records of Real Properey+of Jefferson County,Texas on or about May 10, 2007,under File No,20074t7117; WHEREAS,the PAEDC met on May 7,2012,and weed to the following amendment to the Covenants and Restrictions,P Mbur 13uainces Park: ASSMNIENT The lessees and private ewers of this land in the Business Park shall pay assessments to the PAEDC for (I) the nnimeasnce of the sweet signage and iandscaping, (it)the costs to enforce these deed restrictions,(Li)the costs to maintain the lkainess Park and(iv)costs to provide purity services within the Business Park,such assessments stall be a minimum of $500 per acre per year and shall be payable on or before December 3t1 of each year. Additional assessments,as determined by the PALM Hoard of fkrecnars shall not exceed the aotrlal proportionate sham 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, Notwithstanding the petmportionate allocation of costs :sot forth hI the precediog paragraph, any test for security services provided to the Busies Park on or before Decanter 31,2012,shall be paid by PABDC. WHEREAS,AS,the PAEDC met ou June 4,2012,and agreed to the following 2nnenriewta to the Oovenatgs and Restrictions,Port Arthur Business Park: ECE IM Ef OPf1[E[YE C egory Requirements iFerwirta u visible from from of primary decorative iron or as approved by structure constnacted orn property the PAR DC(no wood or plastic toner permitted) Fencing=visible along sides or rear of cbaira•link or as approved by structures constructed on property PAEDC(no wood or plastic fences Mellodieg sl,00g any sit or right-of-way permitted) NOW TRIDIEFORE,B13 IT RESOLVED BY THE BOARD OF I}]RECTUas OF THE CITY OF FORT A THUR SECTION 4A ECONOMIC DevuooF CORPORATION that: t. This Areotadmemt No. 2 to the Commas and Rearrictiosis, Pars Arthur Business Park.as to the ametaimeut,as to assessments sod as to site development or approved. 2 me amendment as to assessment shalll be effective as of J&roasy 1, 20t3,, and Ibe ameradmmens as to site development slihit be effective upon approval by the Carr of Port Abut, Texas. 3, The made to this Amendment are incorporated and fully referenced ira this Ameodmem. 4,. Except as amended hereby and as prevuausly amended by the duly noted actions of the PAFDC, the Covenants and Restrwc*o s, Port Arthur Bsszn s Park am satiUee4 and affirmed. SIGNED AND AS=to on this '`i- day of 14, ,20i3, City of Pont Arthur Seottoss 4A Economic(development Corporation ay: nt ATTEST: imminl unary THE STATE OF TEXAS f} f COUNTY DP JVFERSON instrument was awlcd be Dpn as Prvs aleQt and day of +�, ,2t113,by ThisThisfore me on the p,11 asStxaegty on behalf of Cityof Pon Arthur Section 4A Eta)norm DevelopmentCQlpvrativn +tea Rot A CAXAftel. 4 Not SMAIL 141.1e of Fs614ety 21,NM ArlideW RIA7." 1"Ki MOO D e or l T V /P G.,7P1X AN B .;- SSA s..p -5 our OF AXDPAYAT IN THE WM,M L C N St Ev,JaiPAAc1 NO 410, II*T.&N Ot.ri SURVEY,$80710,4 NO.5,A981741CT NI 238, A?C9INE T e le!C,R R.$J ,SECTION NO 9,ABSTRACT Na.242 JEPPERSONcOUNM TEXAS 1 WPM'4 1 Al e,+a a r�.ro l etlial yo7 rod F. 91110103 A JeWAKA Wiry, of if r.xae, rl Aok A awe,.. NO.41e,F.T.A trlfirRR G�i>I 4ECTION NO, Et, 1 F NO.Ma Old to Y.3 HA AR,SURVEY. O SECTION RID.@.Ammo'RDA.242 Mpg pets of Elbreo 11e,Sold 19.Rur2ti F4 Stole u,15 eed IS.Roof 0,and stark 19 efd Mk Ram a Mlle Wilk et to Pert Mew LW Oo,tlrepfattttelrtrt+tell ektelrolon it dimmed k' 1,Pip 22otthe Map Reeoldya2're ieratxr Term,and toms pot krazi alogd reined ell al It, .ddai ON=o r earl%trdt wb kteRiddli aid Wake lead le dret9rtrted TUX NO,1&4•and s dreciAod In*at main rwiterint ken W P N IAoreestn,Jr,and JA,C eterecen,.e'renew dtha Meriden Trust b1.tdO.lefoldee, 0114eFiekk Npulr,P.ny ttleiaddrr Camara W P 1.1,Mi art*Jr,Mom ke;F.ddl1 Wed, Omer,9.Werke,eel DI weer,Mr#ar 1l Cu*W.P N.lAe. n r.,a rd.1 t,..O v klukdrJ}r,jmr y,end H nb htiria0kl Wit.W P N.A4tcF i,9r...J L.0 w 1.. (atrMr B,recFr kilt sod Ipl Immo WW1*Crank nndrr.Mad Fabler' Memel rid A~no 992,papa 22 et F.Deed Recede et,leM4r on Team eed wheat,sod IlitaLUELJA4 1i Acketed en tee.c en het melted i.w'Nis 3 OF THE pieFAopoq TRuslr PROP R1?IN JEFFERSON cOuNTY."ems. •which aaid Phi a of rowed n'Moot Pepe 110odr.keep Retie de df Jelerron Oaer4t.Ted, sod hem.pet rat ewe mom toot of itrat hew referred b.s lha Tow trend,ettre said Coto keel rr desenised n lot c ram Inatwrrsene heal ES) COOS,Jr,,dldNperdenl 9300.er of the Uses et IA Wove M ME Seth io EQ Cott 1.Jr.,tTrd.rcr{ orrr Corals and Arm twrnela oerdt+,devil Septenter tO.1994 sod recratel ender Carty -qr Caws Fes rm 944432923 of dt.Med NM Reemede or Nee Fewerey of Mimeo 9 Oc rrt6ar,Twee:rid im roll too tore t deaorro4 teke2V*14114t Rams runt 094 et tend harem redeem to es re P ED0'tract.atilt add PAE C hid le dread et rnr mom melange*fr5r.r E G,00049e.Jr. earn*or c7eedla tans. ..,•satl An4d rrueen Conde Edwnsteora la Fs*Atter Domino� r*rort.drlrld Si Frenrdry at 21101 old recorded trader Merry Mat Fla No.2001007S64 of the alkali Rine eta d Rear Property or&Awn ,Tem.and lie NO tea Aoki drecebed bektorincremertuArlyel eerteleatabor: ROAM el a Der,rad lath 0 TaoWilma*d TwaraFicalam dr.rrr'an cc (T t77 Typo 1 Morons found or the roultretrot Donner oil to slid trod berm Pap 19 of 11 Fr-- dsaCilbed,Ole and camarDriep de a corer cii.add MEM toe,ind am me araaar warm 6 iq tit nee toutodyr aottretit cawat ist wee kW at Ord Mon ;ream!is as fruit 3i"toe.r +aid Rae 37 lad It ea dtiaviassi toe d detabel a that wean enatmarierat ltcre Ste Cade.Jr,Wow Cent Met ilma Sat Areo graft Cade Menem laJittlears deed here 119 itlQfl tail AKtditt trader tau*hark'.Rs No 1940301180 alas MOO Pubic Rowed of Mir Propariyd Jteamen Qdetyt Trkue,eat le turd carer tag el to rem&l rite cede fact d R. lard Wain rat d*b re tree`Ferule 32'owl,War Aid Panel 32 Erect ft ea deslmded Ind la daamtaed n thai t7er(aln erlllasainit tend 71)t Melia tesnerkb Wee WOW Feed**b odic n Catirll:eaad reaantor 12,49oi arad rec aded Wed Ord* cleret'e Fle No 8 1'2 at its Mot Puede Rer arch d+Rae Pad Padorly at iAllat= eau*,Ude,ehe tad corer bekq to Swear and peal armed in ele anyetreadde+ Ina at Tani$ate etairaey 3puir 93,and it Ned IraDOT Ilea t t$avaitel if bed aar cancer bald eat(duiwawd ail.of Evaemua•ca#ad&Ali ear V Or Dig a allq and eel Iles wet i bear no Lid PAISDC fast,tad norms lie at the Aired 32 tad and min di al VIA calm trier et loll larval itfirel b tit*'ow?tociehten im t6 n wart gweibefrognifts maaclumw and isdasorted ea Me ltaraamtrteli redire rd rreraded tr lider a SA Page 22 at fed Deed Ramada d.4eaaaevi Team andvdtloh tact°IRoGT H0,tB.0 li eddied to id hlfialbaIM Mewed gig at re War*s,Nos it°ci tri Ma Raw*et,teiiinra5 Cyatwmpt.Ttaer,a teal *Flame et 5,4103s4 fiat Kann 50310 lent)tam a BId`tan pod vale a yieeRt cap seraperaltPLS3 Ontlitinninensw THENCE towel(idea t ett<r esr 37'Off Wet*nogg mown tarn wad wear lire/ the PA Ctatr,re&klettdifttPared32tractarerya+t do attas Wad tea.wild sit a rlatinao et t6 at fed(taaiad i e MP Ire rod turd b the'maul tab atareheart awned Was tad Fuel 32 tick tee ted a#rnr ewe ar Orderer gnaw CiefrieW n diva tad aavitioestatty r tfre ct+aay*do'Cruet Mar el.tey Spw.Its.weer word tto Worm w4.939.32 fast WO 4,03321 tot a irtextr9d'lla!l a 5otori ad hosted RPLa war ktind W oche ea as iri ioui ide maw aF gal aired trad sd lard harm ate Ia as Ott`Mac r iiif t7aeL Meta'aid `n +t haft a to deaagaatad and ea *owned if tan no* minaret focal t iT faakeen tam bL green Me than Odeon,teddy tel Waren Irie tt6d1 fiade rasa New try ear laughed,Cend 1 ttbati is b JaBlestan Oa+r dy Dr.irgs Died tea. Prig.iZt Old Deed Rasta*al .talliri Mud" w,are p owera0 it as at d on Fir 430 WWI Wet .451 thi haet.tbekart faro Bfe`wart nod wee I yoke cad servos`MS 81120 bad bt ? reflimitio at tttt witenowast MAN dR ao tall Ifteajil9A tact,OM a atinifltyt wag along Mid woelts dud and yogaal ire F DC tided rare ha die Ward tract alate Mardi d3, 279adfcrieed 3343.33 fad ia a pent fortwtiaaraVist amoral Ito eel trace tone de+acdid,owe tad axrdr brow Ms Actera,rt maw at De did MOO toe, aril tee sad drew tin bang the mime craw at 4te awe*had teed and tla add came bed wn the reatiaay ire et left arum trail of dal town teteerer3le Pi ilio MIXT A*nth.which aegis TRACT A tad N en a u ip wed ar dessat.d A lot sales aretaanarat kot Dead cheat,at at ID Mired d Ceurty Dram*Mate N 7 teed NefeavreAt 22.ten and asoetded is tlrAwatte int P501 49t al iwt Dead dleaaCs dl Adman Counts Tome:Glad tlele erg tang rrt the win**unendo Gat, R.tetlatI3 7t1ENCE Mt t 12'V'314144(paled Mall 11'SC i3'Iffasq skim and A011 iha ' aaresina of Avila Oisit.a Oitansa of 72106 Taal Oak*724 Sill440316 a abaft IT* molt sb itf roistasslolmw of ask mid nod taesr,daaablii.TM mil tom*Wag mesh swats*mama*some'0ind.M t EDG 1 and It*mad sonmrktsr fra a1s1 dtlawoltMal con*trod off I twasila raBirad b di lfra'i L+Y.f+�rt ata heeeirt Mt widen 4asobaosatt lotionsve nsitortind di W. Page 22 of Mt Oded Ram**oe Joitaion GaaYgr.T1ee',.and sateli sad'F P NO 1,2-C■eat on 1w trlrrdriaerrno rataenossal x#of word in vein,e 4 P qla 110 er eb Mafia boas&d Jaffaiso T County.T w 5_ 7i1Essos awl ar or Tr East*led f oith 40'20 60 Snail along aria Net Ma 1$ mat waearr{y ra demon ino trill.mid PAEDC Ind and trust icuereey s4oidle lrto of R. 11sh alai LLC Nl:Fadan dad,paprap at a Mama r>R 132 feat(Cs4d 127,591 p i SW lato nod ME a pint 000 0110pl d ItYLE Nor bold Tor oilandes at Ira apke*RA. dem carol Poriste as said ITMOT i9B M tram,and prne.g d hilts air e1 7$L101Y01 g 01,114 733.36 Tw a tv i sari wan a not plait*sap*mimed MC'sot for at rare mew*teener of 1ha saki TRM T 10614.*sot Grid wYstdl rand SO'iron PS 11.10111 gm)saussa ran sot ter rr bova a JYo li 3r Elf IV W1E1 a d11100ee cis tnDIS Mal Info a 1W ran aid MIA a yam'asp dtaetpad' 8 S' Towid tor eaTani en,Sid Obit 3W Sr 4r3'Ea}king ono ath um 00111 Trait weft*exttim et ins 1Te PA=awl and most eotd d fig heaat Soo s J L G 141rFaddh ibis a Mal dam*di 3.6264(1pat Ogalksi 9nWM fief a 34 1w rod-b nd late,*meat ra a* c airt gr(a kaki 4101 rrMah 011eserbed,it*led wow tong ail moat fassMany camera Mould P11,VDC lid,and VIA led what tiilei tong 11e r w4lgertytkr110101fo1R wan MO ct IM Raakr nand to is to"Hem m,14#t 1 tact*math saki Swabs- 14( lls tracs 4 an dad osrblss instarneni*i m C3k st4rG CorcoArb tix dernotte, r*NW actobee 8e.1034*lid rerroaVid 11 V*4i a 1443,imp 177 of fit Dead Re o ds et Jelfwicn Count*1 Ton PENCE Su&Ur Or Q7 ors d 6041141P ET Si'En()deng and W M dwa maid nor wti foremast Ike of owl Ps41;PC VW sad soismaoasady 410 of be card Emma.WEN 77 trwJ,a 4e4000e 41,317 00leen Ccagad 1.317 4 MaO la SW is*rod ,triad dot ar4 ayrmr snorter d Ela.a7$trid tam desarted,11a wad x.arar bong an Z IMarTs tY new 01(a sod PAEOC M4,and a,a safa eon*aim Wig 1hi 11**ierUaaaty .V army Aritasal sonata-i%sa in#ad. O tiro.ar or or Sam frail Main#3TY gc J along and laid taro .,tot 4r mimeos lc*of de aid PM=ball it munaaraxiy Ira d tits eg11 Sarre*•1419li7'Gait a dasmnm*f 151 id 15it %lad OM)b a SO"Tan rod ' sati a y+eams can egad'TOILS 3ti3Q°bind Wino moat ailakirly rs Ow*mew dare Mad tract holm desent0d,e10 Bard comer box;11a meil fie isdp rswilaaail 001001 01 est sod Flax t1ar4,coop 114o Imo owner*0 biro to Ma1 4reat iS,ornrr,Aril*cabin soot or tend berm sabred to as(a'flaima -14m-re"Psd mad einadia- A- 148N176 oast a dentaeied m Mal ilirnarlert tram D,Vamrar 1.1:Faddbb Odd prowl Swain lay her hanbuilL E sSo G.Cods.b N K Ffiarnatta..1.dead O+dosIr 11.1t1EE Ns 12 or 13 11 and faenrdad L7 V n 1495,P gs 17541 Ms Owl ode eF 9 aor Cowls%Tow, g ell the tot Sir amnod wt.a Ake cap t .frond le mane berg Sake AO* 11' 19r Vrect Wei Score gt V 0 tong artd aab Me gird aoufrea rig 11111,Ole tamales-1482111T fact natlweQW i I.of the rare.Seme is Ea 14W17e trod and Lin Id lid wee bed d bott heoln inharre to No the %PAA 'b.which coal ltiVA,trod.a embed n.hot Wein boomer.*earn C305 ccirded In -44 Warne 1 d290d1wMedPaee a Ichau of t) 451A4 Pad Ord FA)CO rage Gem a ail!'ion rod bond bate mcal northerly erly oernrror the sae Sernyeb-14091t7etractone sae corner liar ltbr moat meetly corer ofam aira L./WA buck a►Yd.flat tad emir tom h Ira WI ieralbreskily r way bred ItoraoSt PlOrreiSeir liTMEME sari,IV 44'CC EMI 10014 t3nfgrb 65'21'as'toad eanS bea eat ma moat eniery MOM EMI al toe drat PA i'9C tend and mete*Ina at Mt red Sawa IMAM 55712lootO•5 12 tiff a far bar rod bed#rta ma node*oraterist tenor elf I*rid ted Joemrn d ecrib rt the sag woe peat try moor hatharry recto*mew bibs saki,PME1G bed.artd the lad Caner ago brig rnoat n+xt+wrrot wore ate Me in sand Parcel'31 bed,era the mid mar being in Oa raid nellerretely gear bowy tlfra of Tema Sawa Hghaw Spa 91,and re sail SW ban red WV kr cow beby7 Mouth 27, W fed Em#lad WI 'ii'4{' Wog.rd weir the red roulnwartiotr ricatekony ten er Tana Mats Irooloort Spur 53,a ddAlnerr or 45921 treat{salad 44;90 lea)tan le he reilhohae eel 7A8"Eon rod hectic%Ms reork rtorearfy corner d ris berr6trb=14R2r17i tact rind broilberbirly*COMM kli NI OM nom wad Sti a it end nen the r..1 red Serb neeiregdr boo r9 the mot P,AE3JGG tad,Q7 nattlerreemprfloo t odd Parcel 3$pacr tied pod eudeniesty 60htereey lino of Teas$1w 1449sey Spur Era.a trail =area at 5254,23laai laded 32104 4Lrfeet)to the Mau ellagi nag 1w 3 Gorrooto0 257:560 acorn(Mae 257A 92 ae d twId,unein Cr MI tamed ed by 4-4 getweiteal&PA X hoe Wm fo koesterrd :o+16IEd Sairvery0 No 1161 Z 3 Pop$3of13 1 j,,i - _,3by( Interoffice MEMORANDUM .0- Mapnr,City Council.City M r £ 1 t & Floyd 0aLisae,CEO 01 +w *FbR 1?.ate. July 18,2012 ;S aeet; R R.Nor-17063;Colima Meetinggf:luly 24,2012 Attached 19 P.R.No. 17053 approving AmentLnszu No.2 14 the Covenstuts end RS`d111C11ons of the CCry ,f Pod AJ tm Sectiot 4A c noenic 1?aveloponc t carpnralloar Spar 43 61bioa!'Paris. FILED AND RECORDED 2616 Jan 26, •1 id Fn 241342593 YILUWAVI1 664 66 eaaar..YM L taimirr, W01141Y Mom'. TEXAS IJ1III ; II 77 PG3 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 0 5 2016 t 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 (O day of - i. , 2016. City of Port Arthur Section 4A #1271702 Prr Economic Development Corporation By: X 7� Pres d nt ATTEST: Secretary THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the o day of)1.44-e— ,2016,by olrn l s as President and Zan 4sfan /ld .s as Secretary on behalf of City of Port Arthur Section 4A Economic Development Corporation. -' ,RACHEL A.JACQUET j MY COMMISSION EXPIRES � w L i b,4 JUNE 10,2019 ----- —o Notary Public, State ex #1271702 .. R .VED 06/21/2016 14:48 4098392394 COIdJTYCLERK Fax Server 6/21/2018 2:42:29 PM PACE 003/006 Fax Server CD gl APPENDIX,rA►► O = DESCRBTION OF A 229'7 9b9 ACRE TRACT OR PARCEL OF LARD C OUT OF AND PART OF r�. THE WM.McFADDIN SURVEY,ABSTRACT NO 418, THE T.&N O RR SURVEY,SECTION NO.5,ABSTRACT NO.238, CDAND THE T &N,O.R R.SURVEY,SECTION NO 9,ABSTRACT NO.242 7R" JEFFERSON COUNTY,TEXAS AUGUST 20,2001 MAll that certain tract or parcel of land tying and being situated in Jefferson County, rt Texas,parts of the WM. McFADDIN SURVEY,ABSTRACT NO. 418, the T. &N.OR.R SURVEY, SECTION NO. 5, ABSTRACT NO. 238, end the T. & N.O.RR SURVEY, 0 SECTION NO.9,ABSTRACT NO.242,and being parts of Blocks 14,15 and 18,Range N, Blocks 14,16 and 16,Range O,and Blocks 15 and 18,Range P of the(.ands of the Port .< Arthur Land Co,the plat of which said eu bdwtstor is of record In Volume 1,Page 22 of the Map Records of Jefferson County,Texas,and being a part of that certain triad of land herein referred to as the"Mcraddin and had,winch said Is �g� 'TRACT NO. 18-C"and is described In that certain instrument fromaddin end s W P H McFaddiri,Jr,and J.L.0 McFaddin,as Trustees of the MciPaddin Trust to JJ_C.McFaddin. Di McFaddin Houk,Perry McFaddin Duncan,W P H.McFaddin Jr.Marie MCFadditt Wald, Camels B. McFaddm and Di Vernon Mc Fnddn Cordts,W.P H.McFaddin Jr.,and J LC MrFeddin,Jointly,and Mamie McFaddin Ward,W P H.McFaddin,Jr..J LC McFatichn,and n) Camelia B.McFaddin and Di Vernon McFadden Cordts,Jointly,dated February 28,1948 and recorded in Volume 692,Page 22 of the Deed Records of Jefferson County,Texas,and CD which said TRACT NO.18-0 is indicated on that certain plat entitled"PARTITION MAP NO 0 3 OF THE McFADDIN TRUST PROPERTY IN JEFFERSON COUNTY,TEXAS. "which 7 said plat is of record in Volume 8,Page 110 of the Map Records of Jefferson County,Texas, and being a pert of that certain trail of land herein referred to as the"Cordts"tract,which said Cordts tract le described inthat certain Instrument from E.G Cordto,Jr_,Independent C Executor of the Estate of Or Vernon MoFeddin Brady to E.G Cadts, Jr., C,ofleen Gave Cordts and Anna Camelia Cordts,dated September 13,1994 and recorded under County ^Z Clerk's File No 94-9432523 of the Official Public Records of Real Property of Jefferson C7 County,Texas,and the said red herein described being that exact same certain tract of Fp land herein referred to as the"PAEDC tract,which said PAEDC tract is described in that R.. certain instrument from E G. Cordts, Jr.. , Colleen Clare Colts Rice, .., and Anne Camelia Cordts Edwardson, to Port Arthur Economic File veloPment No 75.�hoOfficialadated 5 February 28,2001 and recorded under County 8. Public Records of Real Property of Jefferson County, Texas, and the said tract herein 3 described being more partrarlarty described as for vs: C. BEQINtl1NNG at a won rod with a Teems°apartment of Transportation aluminum cap i (rxDOT Type 1 Monument) found for the southeast corner of the said tract herein Page 10 of 13 R. �VED 05/21/201s 14:48 4098392394 ( AJTYCLEI C Fax Server S/21/2016 2:42:29 PM PAGE 004/008 Fax Server c1 er C co also the the most southerly southwe corner berng the southeast st corer of that certain toad of land harem cornerthe saki PAEDC tact,and the sad CA also being 0 referred to as the"Parcel 31°tract which said Parcel 31 tract Is so designated and rs b descrbed in that calm instrument from E.G Cordts,Jr,Colleen Clare Cordts Rice and R Anna Cornelia Cordts Edwardson to Jefferson County,dated Match 16,1999 and recorded G under County Clerk's File No 1999009190 of the Of icial Pubic Records of Real Property of a Jefferson County,Texas,and the said corner being In the north line of that certain tract of -14 land herein refaned to as the"Parcel 32"tract,which said Parcel 32 tract is so designated n and is desalbed in that certain instrument from The Mamie McFaddhi Ward Heritage Foundation to Jefferson County, dated December 12, 1996 and recorded under County Cterifs File No 96-8638512 of the Official Public Records of Real Property of Jefferson County, Texas, the said corner being an interior angle point comer In the southwesterly Mnght-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 Bearings-called South 88°37'00"East) along and with the south Me of the said PAEDC tract,said north line of the Parcel 32 treat CCD and north line of that certain tract of land herein referred to as the"Ward"tract,which said re Ward tract is designated"TRACT NO.19C"and rs descnbed in the hereulbetore referenced instrument recorded in Volume 692, Page 22 of ere Deed Records of Jefferson County, "§) Texas,and which said TRACT NO.19-C is indicated on the hararnbefora 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" pat red with a yellow cap stamped°RPLS 3636'found for reference; THENCE West(called North 89°ST 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 trait„passing et a distance of 16 92 feet(called 16.92 feet)a 6/8"iron rod found for the most northerly northwest corner of the said Parcel 32 tract,the said comer being an exterior ace pow r.a corner m the sand southwesterly right-of-way fine of Texas State Highway Spur 93, and fD passing at a distan�c�e�o`(4,93�8.57 feet(celled 4,838 91 bet)a 5/8"iron rod with a yellow cap Stamped 'RPLS 3635"found for reference at the southeast owner of that certain tract of a land herein referred to es the"TRACT 198-A"tail which said TRACT 1rVeA tract is so M CEMENT")from Di Verated and is non I bodeaux.formerly Di n that certain instniment Vernon McFaddmtiled � CCcidtss, GI joined therein by her husband,Oran J.k bodeaux to Jefferson County Drainage District No. 7 dated January 4, 1968 and recorded In Volume 1531,Page 123 of the Deed Records of M Jefferson County Texas, and passing at a distance of 5,430 99 feet(called 5,431.07 feet) d7 the herembefore said 5/8" iron rod with a yellow cap stamped "RPLS 3636°foist for t7 reference at the southwest corner of the said TRACT 196-A tract,and co diorring(bleat) !a along and with the said south line of the PAEDC tract and north line of the Ward tract,a total 7R" dratance of 5,545 27 feet(called 6,545,35 feet)to a point for the southwest comer of the said tract harem 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 certairn tract of land harem referred to es the"TRACT A" tract, which said TRACT A tract is so designated and is described in that certain ar instrument from Darling Kiever, at al to Jefferson County Drainage District No. 7 dated r-i- November 22. 1871 end recorded In Volume 1127, Page 481 of the Deed Records of Jefferson County,Texas,and the said corner being in the centerline of Rhoc tar Gully, Page 11 of 13 R. _VED 06/21/2016 14:48 4098392394 COUNT1'CLERK Fax Server 6/21/2016 2:42:29 PM PAGE 005/006 Fax Server u fD N THENCE North 12°IT 39'West(caned North 11°54'13'West)along and with the tti westerly line of the said PAEDC tract,the said easterly line of the'TRACT A tract and said C) centerime of Rhodair Gully,a distance of 724.96 feet(called 724 92 feet)to a point for the most arty northwest comer of the said tract hereon described,the said comer being the Cmost westerly northwest corner of the said PAEDC tract,and the said comer also being the most southerly comer of that certain tad of land herein referred to as the°J.L.C.Mc Fedd<n" P tract,which said J L C.McFaddin tract is desgnated'TRACT NO,12-C"and is described in - the herelnbeforo referenced instrument reawded in Volume 692, Page 22 of the Deed CT NO 1?-C is indicated on fhe R. Recordseinbof Jefferson County,t Texas,record Winne Page 1 0 of the Map Records of R. tterefnbefore referenced plat Jefferson County,Texas; Ti{ENCE North 39°67'00"East(called North 40°20'00"East)along end with the ccli most westerly northwest line of the sad PAEDC tract and most southerly southeast line d 3 the said J.LC.McFaddin tract,passing eta distance of 132.53 feet(caned 132.53 feet)a CD 5i6"Iron rod with a yellow cap stamped"RPLS 3038"found for re0 .tn°r thwest r e comer of the hereabefore said TRACT 196-A tract,and passing�a distance Of 736 feet i (called 735.85 feet) a 6/8" iron rod with a red plastic cep stamped "S&P INC" set for reference at the northeast corner of the said TRACT 195-A tract(and which said 5/8"iron •C rod with a red plastic cap set for reference is North 37°68'15"West a distance of 0.39 feet from a 6/8" iron rod with a yellow cap stamped"RPLS 3636"found for reference),and continutng the PAEDC(North 39"sr and most"Ease)along and Oh the said southerly southeastline of the JAL McF n nn ddi tract,a total distance of 3,926.49 feet(called 3,925.81 feet)to a 1A"lion rod found for the most northerly corner of the said tract herein described,the sad corner being the most northerly comer of the said PAFDC 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 Dinette 1483/177 tract is described rn that certain instrument from Guff Refkiin9 Company fD Barnette,Jr dated October 24, 1966 and recorded to Volume 1483,Prime 177 of the Deed Records of Jefferson County.Texas; THENCE South 49°46'07'East(celled South 49°23'24'East)along and cosh the most northerly northeast Tine of said PAEDC tract and southwesterly tine of the said O- 8artnette-1483/177 bad,a distance of 1,317 60 feet(called 1,317.54 feet)to a Si"ken rod herein C found for an interior corner of the said!Manor corner of the sad PAEDC tract,ande a geld corner described, being the most southerly comer d the said Barnette•1483I177 tract, n THENCE North 40°0T 68"East(called North 40°33'04'East)along end with the fD most easterly northwest tine of the said PAEDC tract and southeasterly tine of the said R" Barnette- 1483/177 tract,a distance of 15195 feet(called 151.86 feet)to a 5/8"gun rod with a yellow cap stamped'RPLS 3836"found for the most easterly northwest corner of the re Bald tract herein described, the said cornerof the (D said PAEDCtract,a�sad corner also ebeing the mostcornerofr that certain 3 tract of lend herein referred to as the"Barnette- 1483/178" tract. whichsad Barnette- CD rt 1483/178 tract is descnbed in that certain inahvrnerrt from Di Vernon MoFaddin Cordes •g) joined therein by her husband,Edwin G.Cordes to N K Barnette,Jr,dated October 11,1966 •[ Page 12 of 13 R. :VED 06/21/2816 14:49 4099392394 C�LRJTYCRK Fax Server 6/21/2016 2:42:29 PM PAGE 0081006 Fax SLEerver • and recorded In Volume 1483,Page 176 of the Deed Records of Jefferson County,Texas, M arid the said 6/8°son rod with a yellow cap stamped"RPLS 3638°found for corner betng 9 South 40° 11' 19" West (called South 40° 33' 04° West) along and with the said southeasterly line of the Bamette-1483/177 tract,northwesterly tine of the said Barnett*- tract of land herein referred to as the 14$31178 fled and southeasterly line of that Cepom°DIVA" tract, which said LNVA tract is described in that certain8,n975 and_tt fro Gulf if n D Refining Company to the Lower Neches Valley Authority dated April Volume 1878,Page 290 of the Deed Records cf Jefferson County,Texas,a total distance of n 499.44 feet(called 500 00 feet)from a 5/8"non rod found for the most northerly corner of ii the sand Barnette-1483/176 tract,the said comer also being the most easterly comer of the said LNVA tract,and the said corner being in the herernbefore said southwesterly right-of- way Itne of Texas State Highway Spur 93, CD THENCE South 83°44'08'East(called South 83°21'35"East)along and with the 3 most easterly north lure of the said PAEDC tract and southerly tine of the sand Barnette- N1483/176 tract,a distance of 557.12 feet(coed 55712 feet)to a 6/8"ion rod found for the rt most northerly northeast corner of the said tract herein dasanbed,the said comer being the n most northerly northeast corner of the said PAEDC tract,and the said corner also being the ,.0 most northerly northwest corner of the herernbefore said Panel 31 tract,and the Said corner -< being In the said southwesterly right.of-way line of Texas State Highway Spur 93,end the said 6/8"Iron rod found for corner bung South 27°38'14°East(called South 27°11'44` East)along and with the said soul hrsresterly right-of-way line of Texas State Highway Spur 93, a distance of 499.28 feet(called 499.56 feel)from the herembefore said 5/8"iron rod fou northerly corner of the Barnette-14831176 tract and most easterly comer of the LNvA THENCE South 27°30' 14"East(caned South 27°07'03°Eest)along and with the �Da[ most easterly northeast line of the said PAEDC tract,southwesterly line of the said Parcel el 31 treat and said southwesterly right-or-way line of Texas State Highway Spu r distance of 3,294.33 feet(called 3,294 40 feet)to the Point of Beginning end M Contarntchg 297.960 acres(called 297.9732 acres)of land,more or less Prepared by r- , 8c arumburg&Polk,Inc H James Verret', r) Reghatered Professtonal Land Surveyor No 1781 R. GERM PLLC s KATE LEVERSTT P.O. BOX 4915 13V: BEAUMONT, TX MO4 SI FILED AND RECORDED Page t3 of 13 OFFICIRL PUBLIC RECORDS 0,. ,t -ii,...tr , v Carolyn L. Guidry, County Clark Jefferson County, Texas June 23, 2016 03:40:54 PM FEE: $50.00 2@160