HomeMy WebLinkAboutPR13335: INDUSTRIAL PARK - MO
ME
OFFICE
TO: Mayor, City Council & City Manage~.~ ~/
From: Mark T. sokolow, City Attorney I~-''
subject: p. R. No. 13335 Updated Council Meeting December 6, 2005
Date: December 2, 2005
Attached is P.R. No. 13335 a resolution as it pertains to the
industrial Park Covenants and Restrictions at the spur 93 Business
Park, Master Plan and Lot Configuration. This resolution was
tabled at the previouS meeting and the changes made are
highlighted- The changes include the attachment of the Master
Plan, attaching updated deed restrictions, and also making changes
in the lot configurations in the Master Plan.
MTS/gt
Attachment
cc: VIA FACSI~!?J~ (409) 835-211~
Kate McGlynn
VIA FACSIMILE (409) 962-444~
~loyd Batiste
EDC CEO
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P. R. No. 13335
12/2/05 gt UPDATED
RESOLUTION NO.
A RESOLUTION AS IT pERTAINS TO THE INDUSTRIAL
PARK coVENANTS AND RESTRICTIONS AT THE SPUR 93
BusINESS pARK, MASTER pLAN AND LOT
CONFIGURATION
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation plans to develop the Spur 93 Business
Park.
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation has approved the Master Plan which is
to serve only as a guide to the development of the Business
Park, a copy of which is attached as Exhibit ~A".
WHEREAS, the City of Port Arthur Section 4A Economic
Development corporation Board has approved the change in the
planned lot configurations as delineated in Exhibit ~B" wherein
Triangle Waste can be located on the 10 acre site la and
Reliable Polymer Services can be located on the 10 acre site
lb.
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation has approved the covenants and
restrictions attached as Exhibit ~C".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
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section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Council approves the Master Plan
in substantially the same form as described in Exhibit "A" with the
change in proposed acreage per lot and in the number of lots in
Tract i as delineated in Exhibit '~B" so that Triangle Waste can be
located on the 10 acre site la and Reliable Polymer Services can be
located on the 10 acre site lb, as illustrated in Exhibit "B-I".
Section 3. That the City Council approves the industrial
Park covenantS and restrictions in substantially the same form as
described in Exhibit "C".
Section 4. That a copy of this caption be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this __ day of , A.D.,
2005, at a Regular Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote:
AYES: Mayor ,
Council Members ,
NOES:
oSCAR ORTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
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APPROVED AS TO FOP/~:
MARK T. SOKOLOW, CITY ATTORNEY
A~PROVED FOR ADMINISTRATION:
STEPHEN FITZGIBBONS, CITY MANAGER
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EXHIBIT "A"
.' rk for Port Arthur Texas
New Business Pa ......... ., ...~ ~'v., Cou.cii to Complete Purchnse of £=nd and Proceed
Request for.4pprovatsrom ~v~ ~ou, # ,. ..... /
with Design Phase of Project
Port Arthur Economic Development Corporation
February 13, 2001
Thc following summarizes the status of the subject project.
COMMITMENT PHASE
Based upon authorization by the EDC Board and City Council, the project moved into thc current phase to
validate thc assumptions of the Feasibility Phase, complete due diligence on the site, select a Project
Engineering team, complete a Master Plan, and confu-m Budgets and Schedules prior te commit'ting to
development of the project.
Due Diligence
Environmental - Phase 1, Phase 2- Complete -No issues found
Wetlands Issues - Received Corps of Engineer's conftrmation of N'RCS
ruling that excludes site from wetland regulations
Site Survey - Boundary- Complete
Topographic - Complete
Final Document - Incorporating drill site location
Title - Title Policy - Preliminary commitment received
Pipelines - Located
Un-documented Pipeline Abandonment in progress
Other minor issues Resolved
Project Engineer
An Engineering firm was required to assist in completion of Master Plan (previously approved by EDC
Board and City Council and fees included in Budget for Commitment Phase).
An Engineering Cum is required for design, bid and award, and construction related services for
development of Business Park. (agreement to be approved by EDC Board and City Council)
Engineering Selection Criteria
1.0 Project Organization (finn or combined team) - 15%
This criterion addresses the organization and overall capacity of',he project engineering i'um or team
proposed for the project.
1.1 Su'ucture of team (20%)
(simplicity and logic of team organization)
1.2 Capability of prime i'mn (20%)
(size, specialization in similar work)
1.3 Management, planning and design leadership assigned to the project (25%)
(resumes, references and interview)
Staff resources available for project (25%)
(l~4umbers of qualified personnel in the specific disciplines requirad for project)
1.5 Production Technology (10%)
(workstations, hardware and software)
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2.0 Experience and Reputation (emphasis on lead frrm, ifa team) - 30%
This criterion addresses the track record of the proposed f'mu or team with specific emphasis on the
primary fn-m, if a team.
2.1 Previous experience with planning and design of business or indusuial parks (20%)
(type, size and quality of work)
2.2 Previous experience with planning and design of municipal infrastructure systems (20%)
(type, size and quality of work)
2.3 Reputation for responsive service (20
(as determined from references)
2.4 Reputation for meeting schedules (20%)
(as determined from references)
2.5 Reputation for meeting construction cost budgets (20%)
(as detem~ned from references)
3.0 Technical Proposal (emphasis of interview)- 35%
This criterion addresses the responsiveness of the fn'm or team's proposal to the specific issues and
opportunities of the project. This criteria will be utilized to evaluate the "short list" teams or firms only.
3.1 Demonstrated understanding of the project (15%)
(from wriRen proposal and interview)
3.2 Proposed work plan (30%)
(tasks, sequence, and deliverables)
3.3 Quality control process during design and conslruction (15%)
(plan backed with track record)
3.4 Cost control process (25%)
(plan backed with track record)
3.5 Project schedule (15%)
(milestones and completion dates backed by track record)
4.0 Local and Minority Participation - 20%
This criterion addresses the quality and extent of participation in the team by local and rainority businesses.
4.1 Port Arthur Business (30%)
(percentage of work to be accomplished by firms with offices in Port Arthur)
4.2 Jefferson County Business (20%)
(percentage of work to be accomplished by firms with offices in Jefferson County)
4.3 Minority and Disadvantaged Business (50 %)
(percentage of work to be accomplished by such businesses)
Engineering Selection Process
The following summarizes the selectaon process implemented m the selection and recommendation of an
engineering team to serve the project.
Project broadly advertised
Twenty-five Request for Proposal packages sent 2 of 7
Eight submissions received
Four fu'ms on short list
Based upon the above criteria Schamburg & Polk in association with ESPA Corp. was selected to assist in
completion of the master plan, provide estimates for site and infrastructure construction costs, and to
submit a proposal to act as Project Engineer for Design and Conslroction of the project. The team is
constituted as follows:
Prime consultant (50% of work)
Schamburg & Polk, Beaumont Texas Design of Utility Systems
Bob Shaw, Port Arthur, Texas Design of li~ station
ESPA Corp., Houston, Texas Assoc. Consultant (50% of work)
(certified minority fuma) Design of Streets and Drainage
Wong & Associates, Houston, Texas Landscape Architecture
(certified minority fu'm)
Proposed Engineering Contract
A proposed engineering contract is attached for approval.
It is based upon the City of Port Arthur's standard agreement forms
It contains a clause requiring the Project Engineer to complete a design within the established
budget. (see Cost and Budget Summary at*ached)
It include the following fee mounts
Design Phase Services $360,000
Construction Phase Services $103,140
It will require a further authorization by the EDC Board and Council at the beginning of the
construction phase for Construction Phase Services.
Master Plan
Attached are maps depicting the proposed Master Plan for the subject project. The following summarizes
the Master Plan
Two Stages of Development
Ultimate extension of Jade Ave
Extension of Utilities
Stage I 136 net acres 163 gross usable acres
Ultimate Develop 238 net acres 284 gross usable acres 83.6% net to gross
Programmed Area 208 net acres 300 acres 70 % net to gross
Additional Area 30 net acres
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Budget
The attached are charts summarizing the budget and cost status of the project. The following amounts
represent the current estimate of outlays required for the development of the Business Park.
Completed Proposed Total Project
Feasibility Phase $85,450
Commitment Phase $199,760
Land Purchase $1,236,803
Design Phase $578,600
Construction Phase $5,219,850
Business Park Totals $285,210 $7,035,220 $7~320,430
Water line extension down Jade $345,000 $345,000
(plus upsize of on site lines)
Additional water system contribution requested $400,000 $400,000
Additional Offsite Utilities $745,000 $745,000
PROJECT TOTALS $7,380,220 $7,665,430
(includes Jade Ave. portion only)
GRAND TOTAL (includes add. water sys. contribO $7,780,000 $8,065,430
The additional offsite utility costs above are for improvements to the water system that serves the site. The
amount shown represents the requested contribution from to a City system project needed to insure
adequate pressure to the Business Park site and other areas in the vicinity. It is assumed that $345,000
(water line extensions down Jade Ave., and up sizing of lines through the park) will be included within the
construction contracts for the Business Park.
Schedule
Attached is a schedule chart showing the major milestones and estimating durations for the completion of
the project.
Design Phase (includes bidding of project) 9-10 months
Award (projected date) Nov 2001
Construction Phase 12 months
Completion (projected date) Nov 2002
Funding and Financing
The Economic Development Corporation has approximately $7 million in cash reserves. During this phase
the use of cash, bonds or conventional £mancing was discussed. In the process a cash flow analysis and
estimate of EDC funds during the development was prepared. The attached graphs the cash flow and total
cost investment requked to complete the project
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The following cha~s comp~e ~ iml~ct of two b~sic nllernatives for funding the development of thc park.
In beth cases costs for the cen~nued operation of the EDC have been deducted. The costs of the additional
off- site ~tcr service imptovcmenls are not included. No additional income has ~ assumed (in spite of
increases that will result from development of Wninmrt and Lowe's) and no revenue ~om land sales is
assumed (even Otough suc~ sales mey occur before devclopmen~ is complete). At the conclusion of the
project (apart f~om the impact of additional projects) reserves will increase at a rate of npproxinmtely
$ l.$1Vl~ per year. In addition land sales should hc ex~'cted to return the to~ul amount inveslgd In thc
development of the business park over a ten year period (financing the cost of hilu~ phases in thc process),
while at the ~ame time accommodating appmxinmtely 3500 jobs in Port Arthur with an annual economic
impact of nearly $3001VlM.
Total EDC Reserves ($MM) for Years 2001, 2002 If
Business Park is Developed wiUI Cash
7.00
6,00
5.00
4.00
3.00
2.00
0.00
The firsl approach Io funding (abeve) assumes that the project will be developed from cash reserves.
5 of 7
Total EDC Reserves ($MM) for Years 2001, 2002 It'
Business Park ts Partially Financed with $4.5 MM in Bonds
7,00
6.00
5.00
3.00
2.00
1.00.
0,00
Thc second approach to funding (above) assumes ilmt approximately 4.5 million dollars in bonds will bc
sold to finance thc project. Ineaning this amount of debt will allow thc EDC to return its rese~c balance to
approximately the lex, el that existed before thc purchase of the site. The amount thus funded also may be
eligible for Tax Increment financing (see below). At thc conclusion of the prq.~ect the EDC will have a
continuing debt sotvice obligation of nearly $600,000 per year for approxinmtcly 9 years.
With the probable need to aSSist in water systems improvements to serve the noflhcrn sector of Port A~hur
and discussions of other major pl'ojects for the ha'lance of the City it ma)' be prudent to consider using debt
(in the form ofbonds) to fund a portion ofthe project.
EDA Grant
With the project now defined it is time to assess thc possibility of ob .laming an EDA granC Thc data needed
to proceed is now available as a by-product oftha work completed on the pwject to date. While such funds
should not be relied upon, lite City and the EDC should cvaloate thc possibility of offsetting any eligible
costs related to project dex, elopment via such a grant.
Tax Increment Financing District
In addition the possibility of establishing a tax increment development disttict has been raised. This project
appears to fit the profile of Texas law regarding such distdcls. Once established increasos in prope~y taxes
that result from increased value are dedicated to offsetting the cost of thc development (infrastrectmc, cie.)
that has ecCmTed in the designated development arco. The cslabiishmenl ofa TIF district is an involved
process xvith additional costs assecinted with set up and opexation. Final determination as to thc wbethar to
utilize this mechanism must be made upon further investigation. As with ED^ grants, this significant aid
to funding the project (om'enily cstinmted at approxinmtely $4.5mm) should not be assumed until it is
actually realized. But the City and thc EDC should clearly proceed w~th futthar assessment of thc
eligibility for, and desimliility of, devaloping thc BusineSS Park within a TIF district.
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Approval to Proceed
/his summa-,7 is submitted to the EDC Board and City Council to seek approval to proceed with the
project. The following actions are proposed for your concurrence:
1. Complete purchase of the Site $1,236,803
2. Engage Schaumburg & Polk / ESPA Corp as Project Engineer $360,000 (Design Phase)
$103,140 (Construction
Phase if further
authorized)
3. Engage Diamond Consulting / Beach P, amirez as Project Manage $140,970 (Design Phase)
$78,540 (Construction
Phase if further
authorized)
4. Incur other project related expenses during Design Phase $77,000
5. Approve Master Plan
6. Approve Total Project Budget (subject to further authorization) $7,665,430
7. Approve Additional Offsite Utilities Contribution $400,000
(water system Improvements)
8. Approve plan to issue $4.5MM ia bonds (subject to advise from
bond council) and to investigate establishment of a TIF dis~ct to
include the Business Park.
9. Approve plan to seek an EDA grant for eligible portions of the project.
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EXHIBIT "B" TO RESOLUTION
CHANGE IN TRACT ONE LOT CONFIGURATIONS
PRESENTLY IEXHIBIT ~B-I"):
Lot 15 - 5 acres
Lot 3 - 3 acres
Lot 6 - 3 acres
Lot 4 - 5 acres
Lot 5 - 7 acres
Lot 9 9 acres
CHANGED TO (EXHIBIT UB-2"):
Lot iA 10 acres (Adjacent to proposed Jade
Extension)
Lot lB - 10 acres
Lot lC - 8 acres
Lot iD - 8 acres (Adjacent to West Port Arthur
Road)
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EXHIBIT "C"
Pra!imi=a.~' Draf: (!!/! 6/95;
COVENANTS AND RESTRICTIONS
PORT ARTHUR BUSINESS PARK
Updated
(Note from Drafter:
The following is an updatedF~!~m~na:'y draft of proposed Covenants and Restrictions as
approved by the Port Arthur Eennomic Development Corporation Board of Dkectors and as
reviewed by PAEDC's attorney and by the City Attorney). -r~:~ ~: .... ~+ ,~ c,~
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 completedbc~n 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 ec, mmenced 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 of construction to ata~ be completed by the specified date. Exercise of the
option will be by formal action of the PAEDC Board. Delivery of written notice of exercise of
this option shall be the cause of an immediate halt to actions to develop the parcel by the parcel
owner.
If the owner or lessee of property in the Business Park wishes to sell or assign the
property to a third party, the owner or lessee shall obtain the approval of the PAEDC Board of
Directors, with such approval not to be unreasonably withheld. The owner or lessee shall present
information as to the financial and credit information as to the new buyer or assignee and such
other information as reasonably requested by the PAEDC Chief Executive Officer (CEO). The
new owner or lessee shall be required to assume the obligations in the incentive agreement, with
such changes as are approved by the PAEDC Board of Directors.
Page 1 of 15
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.
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) Distn'ct. 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.
Page 2 of 15
(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 tiontage 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.
(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 in '~-- ^:-~'~ ....... u ~^.~^~ ~ ..... ~ _.~
to *~.~ ~'~-:~-~,,~,~,~ of ,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
Page 3 of 15
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 4 of 15
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
---Parcels 1, 2, 3, 5, 7 & 9 E, C, E & F Office, warehouse, distribution, light
fabrication and -assembly, recycling, manufacturing and other approved usesand
Parcel 4 & 8 ~ - Office and other approved r~rc. ......
Parcel 6, 10 - Warehouse, distribution, manufacturing, assembly and other approved
Other .............. ~r .......... 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 sa~tary
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 ora special use pcmnit from PA~DC, and the City
of Port Arthur, the TCEQ or the applicable regulatory agency. In general, on site ~reatment of
significant quantities of special waste will not be p~mitted. 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 nser 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 ~. apcc2:.! ::~cany permit required by any regulatory agency (including the City)
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 manenvering 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
~anted by PAEDC and the City of Port Arthur.
Page 5 of 15
CONSTRUCTION STANDARDS~ CODES AND ORDINANCES
All improvements constructed in thc 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, th~ved-aAreas shall be maintained free of trash, sediment, debris, and abandoned or
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 on-site 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 6 of 15
INSURANCE
The lot owners and lessees shall maintain casualty insurance in an amount sufficient to
replace the bnildings. 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 enfome these
deed restrictions, and the costs to maintain business park, such assessments shall be a minimum
of $200 per acre per year and shall be payable on or before December 31st of each year.
Additional assessments, as determined by the PAEDC Board of Directors shall not exceed the
actual proportionate share of the expenditures made by the PAEDC plus a 10% administrative
fee. The proportionate share shall be the number of acres owned or leased divided by 246.
CONTINUATIONS~ P. EV!S!ON 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 and the City of Port Arthur) may from time to time
r-~.qse-amend the provisions, covenants and restrictions *~'-*,,.~, ':511, -t-},,:~--~" *~,,- parcel: that
PAEDC,~.~ +~., '~;*"~.~ ~ ...... ~thur may in its sole discretion grant variances to these
provisions, covenants and rcstrictiuns as a part of the approval of thc Review and
Approval of Usc and Improvement process. Such variances must be requested in ~dtin~
by thc user of the parcel ' ' ' . PAEDC will notify all ¢,*~5¢r adjacent
parcel owners of~ the request for variation by posting such notice and ~vi]l 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 $190.6 V.T.C.Aanfi to, ..... ;'~ ..... ~*; .... '-,
Page 7 of 15
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 thc development of sites within
the Business Park:
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 Frontage 1 tree per 100 feet of frontage - 2 inch caliper
Paving Parking I Automobile Concrete
Tracks 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
.......... No larger than the area of the building
Area Parcels 1, 2, 3, 5, 7, x~
Limitations
Parcels 4, 8E, "'v, ~ ~ ,er Not penmtted
Parcel 6, 1~ No limitNe-t-pem4~-ed
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
Page 8 of 15
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
i'om adjacent public ways and adjacent properties
Page 9 of 15
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 ~¢-ound
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.
Category Renuirements
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
Rem Yards 5, 6, 7, 9,
10A, ~, C, E
Parcel 4, 8g~ Concrete or masonry
Roofing Materials Any roof surface that is exposed to public view must be approved
by PAEDC
Rooftop equipment No more than five feet in height and screened fi.om 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 10 of 15
ENFORCEMENT OF COVENANTS AND RESTRICTIONS
Determination regarding the meaning, an~ applicability and enforcement of these
covenants and restrictions is the sole domain of PAEDC a~ :'t: agcntgBoard of Directors.
Inquiry in regard to such matters shall be made to PAEDC in writing. A ~etennination
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, tke
r~.., ^r D^.~ ^ .-~- ..... ~ ............... ~ ...:~u:~ ~u~ r,.,~: .... D~t. Enforcement action may
include but is not limited to restraint of violations, a::~.v.r recovery of costs, attorneys fees and
damages, assessments, fines, civil penalties, foreclosure, and judicial sale.
Page 11 of 15
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 O, 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 'q'RACT NO. 18-C" and is described in that certain instrument from W.P.H.
McFaddin, Jr., and J.L.C. McFaddin, as Trustees of the McFaddin Trust to J.L.C. McFaddin,
Di McFaddin Houk, Perry McFaddin Duncan, W.P.H. McFaddin Jr., Mamie McFaddin Ward,
Camelia B. McFaddin and Di Vernon McFaddin Cordts, W.P.H. McFaddin Jr., and J.LC.
McFaddin, jointly, and Mamie McFaddin Ward, W.P.H. McFaddin, Jr., J.L.C. McFaddin, and
Camelia B. McFaddin and Di Vemon 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 Bedy to E.G. Cordts, Jr., Colleen Clave
Cordts and Anna Camelia Cordts, dated September 13, 1994 and recorded under County
Clerk's File No. 949432523 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 comer of the said tract herein
Page 12of15
described, the said comer being the southeast comer of the said PAEDC tract; and the said
comer also being the most southerly southwest comer 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 comer 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 comer being an intedor angle point comer in the southwesterly
right-of-way line of Texas State Highway Spur 93, and the said TxDOT Type 1 Monument
found for comer being East (Assumed Basis of Beadngs - 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 '~Nard" 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 comer of the said Parcel 32 tract, the said comer being an extedor angle point
comer 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 comer 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 (tiffed "RIGHT-OF-WAY
EASEMENT") from Di Vemon McFaddin Kibodeaux, formedy Di Vemon McFaddin Cordts,
joined therein by her husband, Oren J. Kibedeaux to Jefferson County Drainage Distdct 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 comer 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 comer of the said
tract herein described, the said comer being the southwest comer of the said PAEDC tract,
and the said comer also being the northwest comer of the said Ward tract, and the said
comer being in the eastedy 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 Dading Klaver, et al to Jefferson County Drainage Distdct No. 7 dated
November 22, 1971 and recorded in Volume 1727, Page 481 of the Deed Records of
Jefferson County, Texas, and the said comer being in the centedine of Rhodiar Gully;
Page 13 of 15
THENCE North 12° 17' 39" West (celled North 11° 54' 13" West) along and with the
westedy line of the said PAEDC tract, the said eastedy line of the TRACT A tract and said
centedine of Rhodair Gully, a distance of 724.96 feet (called 724.92 feet) to a point for the
most westerly northwest comer of the said tract herein described, the said comer being the
most westedy northwest comer of the said PAEDC tract, and the said comer also being the
most southerly comer of that certain tract of land herein referred to as the "J.L.C. McFeddin"
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-Q is indiceted 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 (celled 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 (celled 132.53 feet) a
5/8" iron rod with a yellow cep stamped "RPLS 3636" found for reference at the northwest
comer of the hereinbefore said TRACT 196-A tract, and passing at a distance of 736.10 feet
(celled 735.85 feet) a 5/8" iron rod with a red plastic cep stamped "S&P INC" set for
reference at the northeast comer of the said TRACT 196-A tract (and which said 5/8" iron
rod with a red plastic cep set for reference is North 37° 58' 15" West a distance of 0.39 feet
from a 5/8" iron rod with a yellow cep 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 (celled 3,925.61 feet) to a ¼" iron rod found for the most northerly
comer of the said tract herein described, the said comer being the most northerly comer of
the said PAEDC tract, and the said comer also being the most westedy comer of that certain
tract of land herein referred to as the "Bamette - 1483/177" tract, which said Bamette -
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 (celled 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 (celled 1,317.54 feet) to a ½" iron rod
found for an intedor comer of the said tract herein described, the said comer being an
intedor comer of the said PAEDC tract, and the said comer also being the most southerly
corner of the said Bamette - 1483/177 tract;
THENCE North 40° 07' 58" East (celled North 40° 33' 04" East) along and with the
most eastedy northwest line of the said PAEDC tract and southeasterly line of the said
Bamette - 1483/177 tract, a distance of 151.95 feet (celled 151.86 feet) to a 5/8" iron rod
with a yellow cep stamped "RPLS 3636" found for the most eastedy northwest comer of the
said tract herein described, the said comer being the most eastedy northwest comer of the
said PAEDC tract, and the said comer also being the most westedy comer 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 Vemon McFaddin Cordts
joined therein by her husband, Edwin G. Cordts to N.K. Bamette, Jr. dated October 11, 1966
Page 14 of 15
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 comer being
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 line of the said Bamette -
1483/176 tract and southeasterly line of that certain tract of land herein referred to as the
"LNVA" tract, which said LNVA tract is described in that certain instrument from Gulf
Refining Company to the Lower Neches Valley Authority dated Apdl 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 comer of
the said Bamette - 1483/176 tract, the said comer also being the most eastedy comer of the
said LNVA tract, and the said comer 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 eastedy north line of the said PAEDC tract and southerly line of the said Bamette -
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 comer of the said tract herein described, the said comer being the
most northerly northeast comer of the said PAEDC tract, and the said comer also being the
most northerly northwest comer of the hereinbefore said Parcel 31 tract, and the said comer
being in the said southwesterly right-of-way line of Texas State Highway Spur 93, and the
said 5/8" iron rod found for comer being South 27° 38' 14" East (called South 27° 11' 44"
East) along and with the said southwesterly fight-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 comer of the Bamette - 1483/176 tract and most eastedy comer
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 15 of 15