HomeMy WebLinkAboutC2018-160 - 3/16/2018 - NAPORTCORPUSCHRISTI
March 14, 2018
Margie C. Rose, City Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78469
Dear Ms. Rose:
Sean C. Strawbridge
CHIEF EXECUTIVE OFFICER
The Port of Corpus Christi Authority ("PCCA") and PPG Industries, Inc. ("PPG") are
negotiating a Purchase and Sale Agreement ("Sales Contract") pursuant to which PCCA is seeking to
buy from PPG the underlying fee title to approximately 32.034 acres of dry and submerged land in
Nueces County (the "Property"). The Property is currently subject to permanent easement rights
owned by PCCA. We understand that the Property is subject to Industrial District Agreement No. 10
between PPG and the City of Corpus Christi ("City") which agreement was executed by the City on
July 16, 2015 ("IDA No. 10"). PCCA hereby requests, effective as of the date of PCCA's acquisition
of the Property that: (1) PPG be released from all contractual obligations set forth in IDA No. 10; and
(2) IDA No. 10 be canceled and terminated in its entirety. A copy of the form of termination of IDA
No. 10 being requested by PCCA is attached hereto as Exhibit "A," (the "Termination of IDA No.
10").
In consideration of the City's execution of the Termination of IDA No. 10, PCCA agrees
effective upon its acquisition of the Property that it will not sell all or any portion of the Property
acquired from PPG without requiring the buyer, as a condition of the sale, to enter into an Industrial
District Agreement with the City covering the Property being acquired by the buyer. Similarly, PCCA
agrees that it will not lease all or any portion of the Property, except for a laydown or open storage
yard, without requiring the lessee, as a condition of the lease, to enter into an Industrial District
Agreement with the City covering the portion of the Property being leased by the lessee.
Sincerely,
Sean C. Strawbridge,
Chief Executive Officer
CC: Miles Risley — City Attorney
Jimmy Welder — Port Council
Bruce Hawn — Port Council
2018-160
3/16/18
Port of Corpus Christi Authority
222 Power Street 78401 1 PO Box 1541 78403 Corpus Christi, Texas T 361 882 5633 F 361 882 7110 portofcorp uschristi.com
INDEXED
TERMINATION OF INDUSTRIAL DISTRICT AGREEMENT NO. 10
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
This Termination of Industrial District Agreement No. 10 ("IDA No. 10 Termination")
is made by the City of Corpus Christi, Texas and PPG Industries, Inc., a Pennsylvania
Corporation ("PPG") to be effective upon the "Effective Date" (defined below).
WHEREAS, on July 16, 2015 the City Manager for the City of Corpus Christi, a Texas
home -rule municipal corporation ("C") pursuant to Section 42.044 of the Local Government
Code entered into Industrial District Agreement No. 10 (hereinafter defined as "IDA No. 10" and
attached as Exhibit "A") with PPG affecting a 32.034 acre tract of land situated in the Nueces
County Navigation District Number 1 Survey, Abstract Number 2677, Nueces County, Texas,
and consisting of the following four tracts of land (hereinafter collectively referred to as the
"Property"):
TRACT 1: Being all of that certain called 12.95 acre tract of land described in
an Easement Deed, dated September 18, 1947 by and between Southern Alkali
Corporation and Nueces County Navigation District No. 1 and recorded in
Volume 394, Page 588 (Clerk's File Number 258659) of the Nueces County Deed
Records (N.C.D.R.) and corrected, amended and ratified in an easement
amendment dated March 3, 1949, by and between Southern Alkali Corporation
and Nueces County Navigation District No. 1 in Volume 430, Page 310 of the
N.C.D.R.;
TRACT 2: Being all of that certain called 7.80 acre tract of land being out of
and part of that certain called 134.44 acre (First Tract) described in a Deed by and
between Nueces County Navigation District Number 1 and Southern Alkali
Corporation in Volume 208, Page 394 of the N.C.D.R. (Clerk's File Number
82601) and further being out of and a part of that certain called 74.28 acre tract of
land described in a Deed by and between Nueces County Navigation District No.
1 and Southern Alkali Corporation in Volume 394, Page 564 (Clerk's File
Number 258656) of the N.C.D.R. and finally being more specifically described as
Tract I in an Easement Agreement between Pittsburgh Plate Glass Company and
Nueces County Navigation District No. 1 executed on August 10, 1967 (no
recordation information found) as amended on March 21, 1977, which
amendment is recorded in Volume 1602, Page 544 (Clerk's File Number 44722)
of the N.C.D.R., ratified by Agreement dated March 22, 1977, between PPG
Industries, Inc. and Nueces County Navigation District No. 1, recorded in Volume
1602 at Page 549 (Clerk's File Number 44723) of the N.C.D.R.;
311650v6 1 e ninaion of IDA No. 10
TRACT 3: Being all of that certain called 8.52 acre tract of land being out of
and a part of that certain called 134.44 acre tract of land (First Tract) described in
a Deed by and between Nueces County Navigation District No.1 and Southern
Alkali Corporation in Volume 208, Page 394 of the N.C.D.R. (Clerk's File
Number 82601) and further being out of and a part of that certain called 74.28
acre tract of land described in a Deed by and between Nueces County Navigation
District Number 1 and Southern Alkali Corporation in volume 394, Page 564
(Clerk's File Number 258656) of the N.C.D.R. and finally being more specifically
described as Tract II in an Easement Agreement by and between Pittsburgh Plate
Glass Company and Nueces County Navigation District Number 1 executed on
August 10, 1967 (no recordation information found) as amended on March 21,
1977, which amendment is recorded in Volume 1602, Page 544 (Clerk's File
Number 44722) of the N.C.D.R., ratified by Agreement dated March 22, 1977, by
PPG Industries, Inc. and Nueces County Navigation District No. 1, recorded in
Volume 1602 at Page 549 (Clerk's File Number 44723) of the N.C.D.R.; and
TRACT 4: Being all of that certain called 2.8 acre tract being out of and a part
of that certain called 134.44 acre tract of land (First Tract) described in a Deed by
and between Nueces County Navigation District Number 1 and Southern Alkali
Corporation in Volume 208, Page 394 of the N.C.D.R. and further being more
fully described in that certain Easement Deed by and between PPG Industries,
Inc. and Nueces County Navigation District No. 1 in Volume 1733, Page 320
(Clerk's File Number 173138) of the N.C.D.R.;
The Property being all of the land currently owned by PPG Industries, Inc. in
Nueces County, Texas.
WHEREAS, the Port of Corpus Christi Authority of Nueces County, Texas
("Authority") is currently in negotiations with PPG for the Purchase of the Property; and
requested that the City terminate IDA No. 10 it its entirety and to release and discharge PPG
from the terms and conditions of IDA No. 10 and to cancel IDA No. 10 in its entirety. The IDA
No. 10 Termination to be effective immediately upon Authority's acquisition of legal title to the
Property from PPG (the "Effective Date");
NOW THEREFORE PREMISES CONSIDERED, in consideration of ten dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, City and PPG effective upon the occurrence of the Effective Date hereby:
terminate and cancel IDA No. 10 in its entirety. City, effective upon the occurrence of the
Effective Date, releases and discharges PPG from all contractual obligations set forth in IDA No.
10. In the event Authority does not acquire legal title to the Property prior to the first anniversary
date of the City's execution of this IDA No. 10 Termination, then this agreement shall become
shall become null and void for all purposes.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
311650'6 Termination of IDA No. 10
2
EXECUTED, this the /y day of Ma /oh. , 2018.
ATTEST: .a CITY OF CORPUS CHRISTI
Rebec
Huerta, City Secreta
0 C•
Margie C. Rose, City Manager
LEGAL FORM APPROVED gyri of l'Yl ctr-&4 , 2018.
�N
6 J Aimee Alcorn -Reed
Assistant City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the ILt'day of fvl it rch , 2018, by
Margie C. Rose, City Manager of the City of Corpus Christi, A Texas home -rule municipal
corporation, on behalf of said municipal corporation.
ESTHER VELAZOUEZ
Notary ID 2905734
My Commission Expires
July 5. 2018
1A1Nk'L \' 1Vs7ek
Notary Public, State of T as
[PPG Signature Page Immediately Follows]
311650,4 Termination of IDA No 10
3
PPG INDUSTRIES, INC., a Pennsylvania corporation
By:
Name:
Title:
Jnhann F icorling
Vice Pres. Tax MIi 1.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
ti
§
This instrument was acknowledged before me on the 1-3 day of MA,cC N . 2018, by
--TUN ANA) F. \472 TAX , acting for and on behalf of PPG Industries, Inc.
/Kett , Air
IIInF[n5
ADM. Al
4
CH
oTnI�Y�
PUBLIC,
(Penns $ania
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Joan E. Goyke, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 15, 2020
_!9ER. PENNSYLVAMA ASSOCIATION OF NOLARIEC
Itmi�ulien nl II)n Ae
Exhibi (- A" 47) Ieumina+,bn of
Sndas+rial Al3teemed-ib.1
INDUSTRIAL DISTRICT AGREEMENT NO. 10
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI 6
'Ibis Industrial District Agreement ("Agreement') made and entered into under the authority of Section
42.044 of the Local Government Code; by and between the C1TY OF CORPUS CHRISTI, TEXAS, a
Texas home -rule municipal corporation ofNueces County, Texas, hereinafter called the "CITY," and PPG
INDUSTRIES, INC., a Pennsylvania Corporation, Landowner and Improvements Owner, hereinafter
called the "COMPANY."
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt
reasonable measures permitted by law that will tend to enhance the economic stability and growth of the
CITY and its environs by attracting the location of new and the expansion of existing industries therein,
and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the
CITY and its citizens; and
WHEREAS, the COMPANY is the owner and/or lessee ofLand or owner of Improvements on land within
the Extra Territorial Jurisdiction of the CITY; and
WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Cod; the
C1TY has enacted Ordinance No. 15898, approved November 26,1980, as amended, incorporated for all
purposes, indicating its willingness to enter into Industrial District Agreements with industries ]orated
within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi
Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and
WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the
boundaries of the land areas (mown as Corpus Christi Industrial Development Area No. 1 and Corpus
Cluisti Industrial Developmentdreallo. 2 and renamed such areas "Industrial District No. 1 and Industrial
District No. 2", herein collectively called "industrial Districts"; and
WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said
Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and
WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the
COMPANY'S structures and properties within such Industrial Districts.
NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein
contained and under the authority granted under Section 42.044,Texas Local Government Code,and the
Ordinances of the City referred to above,the CITY and the COMPANY hereby agree as follows:
Article 1
Section 1.01 Immunity from Annexation.The CITY covenants and agrees that during the teen of this
Agreement,and subject to the terms and provisions herein,the Land shall retain its extratenitorial status
as an Industrial District,and shall continue to retain this status until and unless the same is changed under
the tens of this Agreement. Except as herein provided, the CITY further covenants and agrees that the
Land shall be immune from annexation during the term of this Agreement.
Section 1.02 Limited to Industrial Use.COMPANY covenants and agrees that during the term hereof,
COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for
purposes not included within the term "industry". "Industry" as used herein shall mean for the same
industrial uses to which the Land,or similarly situated land within the Industrial Districts,is now devoted
by the COMPANY or other such parties holding such similarly situated land. Holding the Land and
Improvements for 1Lture "industry" use, without using same for non-industry purposes,does not violate
this paragraph. If the COMPANY uses,or permits use of,the Land and/or Improvements covered by this
Agreement for purposes not included within the term"industry" as defined above,the payment in lieu of
tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to.one
hundred percent(100%)of the amount of ad valorem taxes on Land,Improvements,and personal property
sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements
were situated on land within the CITY limits of the CITY.The increase shall be immediately effective for
all payments from the inception of this Agreement,and the COMPANY shall transmit to the CITY within
sixty(60) days of being notified by the CITY of the determination of a non-industry use, subject to the
notice provided for in Section 4.04, an amount equal to said one hundred percent(100%)of ad valorem
taxes from the inception of this Agreement, less any amounts previously paid,plus penalties and interest
as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs
in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute
discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's
determination that the use is not an"industry"use,requiring that the use be permanently discontinued,or
(2)to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall
continue to make payments equal to said one hundred percent(100%)of ad valorem taxes.
Section 1.03 Annexadon Corridor.If any other company within the Extra Territorial Jurisdiction of the
CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax
payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY
shall,atter the CITY provides the COMPANY with sixty(60)days prior written notice of intent to initiate
annexation proceeding,permit the CITY to annex a suitable strip of land out of the COMPANY'S Land
from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the
CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties,
the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to
annex such property owned by third parties.The location of such annexed property shall be subject to the
approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such
annexed property shall have no right to any CITY services as a result of such annexation; nor shall the
2
CITY extend,by ordinance, any rules, or regulations, including,but not limited to, those (a) governing
plats and subdivisions of land, (b) prescribing any building, electrical,plumbing or inspection code or
codes,or(C)attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S
business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be
subject to CITY taxes,but shall continue to be included within the in lieu of tax payment In the event that
the need for an annexation corridor no longer exists,including but not limited to the defaulting company
entering into an Industrial District Agreement,or has met its obligations to the CITY,the CITY agrees to
immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S
Land, or within(60) days, take the steps necessary to complete disannexation proceedings required to
remove from the city limits any unnecessary annexation corridor.
Section 1.04 City Services.During die term hereof pursuant to this Agreement,the CITY shall have no
obligation to extend to the Land any utility or other CITY services, except for services that are being
provided to and paid for by the COMPANY on the date hereof,or as otherwise stated herein.
Section 1.05 Fire Protection Services.The CITY may provide fire protection services to the COMPANY
at The option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05
hereof.
Section 1.06 Comodance with City Rules and Regulations.The CITY and the COMPANY agree that
during the term hereof,with respect to the land,the CITY shall not require compliance with its rules or
regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY
limits and in an Industrial District; provided,however,COMPANY Striker agrees that it will in no way
divide-the-land or additions thereto without complying with State law and CITY ordinances governing
subdivision of land; (2)prescribing any building,electrical,plumbing or inspection code or codes; or(3)
prescribing any rules governing the method of operation of COMPANY'S business, except as to those
regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned
facilities.
Secdon 1.07 Definitions.
A. Com.As defined in the preamble hereof and includes its successors and assigns.
B. Commencement of Construction.Physical construction(including,at a minimum,excavation
for foundations or the beginning of installation or erection of improvements) at the primary
site of the eligible project has begun.
C. Existing Improvements. In use prior to January 1,2015 and no longer on a payment scale or
have completed the phase in scale set forth in Section 3.01 E of the Agreement.
D. Extra Tentorial Jurisdiction (ETD. The unincorporated area that is contiguous to the
corporate boundaries of the City of Corpus Christi and that is located within five miles of
those boundaries.
3
E. Grandfathered Improvements.Improvements that are in use prior to January 1,2015 and were
progressing through the eightyear phase in scale set forth in the Prior Industrial District
Agreement
F. Improvements.As defined in Section 1.04(3)of the Texas Tax Code, and shall also include
power generation facilities, petroleum and/or chemical refining, processing, extraction or
storage facilities,structures,or equipment erected on or affixed to the land,regardless of the
land ownership,and pipelines on,under,or across the land which are owned by COMPANY.
Includes Existing Improvements, Grandfathered Improvements, In Progress and New
Improvements.
G. In-Progress bmprovementg. Improvements for which construction has commenced,but which
are not Placed in Use, prior to January 1,2015, or for which government permits related to
the construction of an Improvement or the expansion of Existing Improvements have been
issued prior to January 1,2015,but for which construction has not commenced.
H. Industrial District.The industrial districts created pursuant to Ordinance No.029958,a copy
of which is attached hereto as Exhibit C and incorporated herein by reference.
L Industrial District Agreement. An agreement made and entered into under the authority of
Section 42.044 of the Texas Local Government Code.
J. Lard.All of the real property owned,leased or possessed by COMPANY and located within
the Industrial Districts and designated on Exhibit A attached hereto.
IC. Market Valu@.As determined and defined by NCAD.
L. NCAD.The Nueces County Appraisal District and includes its successors and assigns.
M. New Improvement. Improvement for which no government permit has been secured and for
which construction has not commenced prior January 1,2015.
N. placed in Use. Improvements that are completed and Placed in Use and are not listed by
NCAD as Construction Work in Progress(CWIP).
O. Prior Ind District Agreement Industrial District Agreement by and between the CITY
and the COMPANY that expired December 31,2014.
Article 2
$ectlon 2,01 Term. The term of this Agreement shall be ten(10)years beginning January 1,2015, and
continuing until December 31, 2024, unless terminated as herein provided or extended for additional
period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local
Government Code; provided however, if this Agreement is not extended, or replaced with a similar
agreement that provides for an additional period or periods of time, on or before March 31 of the final
calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on
that date, but all other terms of this Agreement shall remain in effect for the remainder of the term;
4
provided,however,the effective date and time of annexation shall beno earlier than midnight ofDecember
31 of the final year of the term.
Section 2.02 Extended Term.This Agreement may be extended for an additional period or periods only
by written agreement between the CITY and the COMPANY.
Article 3
Section 3.01 Payment in lieu of Ad Valorem Taxes.Each year during the term hereof,the COMPANY
shall pay to the CITY:
A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property
located thereon) equal to one hundred percent(100%) of the amount of ad valorem taxes based
upon the Market Value of the Laud which would otherwise be payable to CITY by COMPANY if
the Land were situated within the CITY limits.
B. Existing Improvements.An amount in lieu of tax on Existing Improvements(excluding personal
property)located on the Land equal to sixty-two and one halfpercent(62.5%)of the amount of ad
valorem taxes based upon the Market Value of the Existing Improvements which would otherwise
be payable to the CITY by the COMPANY if said ExistingtImprovements were situated on land
within the CITY limits.
C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing
through the eight year phase in scale set forth in the Prior Industrial District Agreement,then the
amount of in lieu of tax payments on Grandfathered Improvements(excluding personal property)
shall be phased in as follows:
Yr Placed Yrl of Yr2 of Yr3 of Yr4 of Yr5 of Yr6 of Yr7 of Yr8 of Yr9of Yr 10 of
in Use Contract Coven Contract Contract Contract Contract Contract Contract Contract Contract
2007 10 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2007 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2008 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2009 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2010 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2011 26% 34% 42% 50% 58% 62.5% 625% 62.5% 62.5% 62.5%
2012 19% 26% 34% 42% 50% 58% 62.5% 62.5% 625% 62.5%
2013 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5%
2014 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5%
D. In-Progress Improvements. If prior to January 1, 2015, the COMPANY has In-Progress
Improvements,the COMPANY may, at its option, choose to have the in lieu of tax payment for
5
said In-Progress Improvements phased in as shown in Section 3.01 C above,or as in Section 3.01
E below.No later than January 1, 2015, COMPANY shall elect an option and must present the
City with documentation of government permit or proof of Commencement of Construction.
E. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be
phased in as follows: for the first four years after the New Improvement is Placed in Use, the
COMPANY shall pay no in lieu of tax payment to the City for said New Improvement.
Commencing with the fifth calendar year after the New Improvement is Placed in Use,the in lieu
of tax payment shall be equal to sixty two and one half percent(62.5%).The first year of use for
purposes of this New Improvements payment shall be deemed to begin on the first day of January
following the date when the New Improvements are Placed in Use.
F. With respect to any new land acquired by the COMPANY located within an Industrial District,
the use of which relates directly to the primary use of the parent tract, the new land shall be
included in the COMPANY'S land known as the Land,and shall be considered in calculating the
in lieu of tax payment on the Land as of January 1 of the first year following the date which the
new land is acquired by the COMPANY.Within ninety(90)days after the acquisition of new land
by the COMPANY,the COMPANY shall provide the CITY with a revised Exhibit A that includes
a complete listing by NCAD Geographic ID number of the newly acquired land.
G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within
the Extra Territorial Jurisdiction of the CITY,the use of which does not relate to the primary use
of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall
- - determine whether an Industrial District Agreement is desired for such newly acquired land.
Section 3.02 Company Schedule of Value.On or before August 31 of each year of this Agreement, or
upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide
to the CITY an itemized Schedule of Value by sworn affidavit,on the form attached hereto as Exhibit B,
listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and
Improvements, owned or controlled by the COMPANY including and identifying the property to be
valued as part of this Agreement(the"Schedule").The Schedule shall also list the year any Improvements
were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information,
and documents provided by the COMPANY to NCAD and in the event of appeal,the Appraisal Review
Board.Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement.
Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment
required under this Agreement,the calculation shall be made utilizing the Market Value of all Land and
Improvements as detennined by NCAD, or its successor, under provisions of the Texas Property Tax
Code.The COMPANY shall timely provide information and reports required under this Agreement and
under Texas law, odes and regulations to NCAD or its designee, so that the appraisal process can be
completed in accordance with all applicable state laws.
Section 3.04 Comoanv Protest of Value or Billing.If the COMPANY elects to protest the valuation set
on any of its properties by NCAD for any year or years during the term hereof,it is agreed that nothing in
this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps
desired to reduce the same as if the property were located within the CITY, except with regard to the
exemptions in Section 3.06 below.The COMPANY shall notify the CITY of its appeal within 30 days
after its protest of the valuation is submitted to NCAD.
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Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute,
the COMPANY agrees to pay to the CITY an initial in lieu of tax payment on or before the Due Date in
Section 3.07 below,based on the amount billed by the CITY.When the valuation on said property or any
billing dispute has been finally determined, either as the result of final judgment of a court of competent
jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days
thereafter, the COMPANY shall make to the CITY any additional payment due based on the final
determination.g as a result of final judgment of a court of competent jurisdiction,or as the result of other
final settlement of the controversy,the amount of in lieu of tax payment due to the CITY is established to
be an amount less than the amount of the initial in lieu of tax payment for that year paid by the
COMPANY, the excess in lieu of tax payment if any, collected by the CITY shall be returned to
COMPANY within thirty(30)days after said final determination Any non NCAD related billing disputes
shall be resolved by the CITY within ninety(90)days from the date notice of the dispute is received by
the CITY.
Section 3,05 Flre Protection. An additional amount for city fire protection equal to fifteen percent(15%)
of the amount which would be payable on 100%of Market Value of Improvements located on the Land
will be paid annually;provided, however,that if and as long as the COMPANY,as of January 1 of each
year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the
COMPANY agrees to provide fire protection and emergency services either from a qualified external
provider or by use of a qualified internal emergency response organization,it shall not be obligated to pay
the additional amount provided by this Section 3.05. Minimum qualifications would include meeting
certain standards as defined by applicable OSHA,state regulatory and NEPA Standards that apply to fire
control, emergency management disaster planning and rescue services as recognized by the Texas
Industrial Fire Training Board,the State Fireman's and Fire Marshal's Association of Texas or equivalent
The COMPANY will provide equipment training,and facilities necessary to safely handle all expected
emergencies and properly protect the COMPANY and the community from the adverse effects of an
industrial disaster,whichobligation may be satisfied by the COMPANY being a member in good standing
of the Refinery Terminal Fire Company,or its successor.(Calculation Market Value of Improvements x
15%x City Tax Rate=Fire Protection Fee)
Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY,which
sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this
Agreement Such invoice shall be postmarked at least thirty(30) days prior to the Due Date defined in
Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement The
calculation shall be made without reference to the exemption for pollution control property in Section
11.31,Texas Property Tax Code,and Article VIII,Section 1-1,Texas Constitution,as same presently exist
or may be hereafter amended,using the Market Value of pollution control equipment certified by NCAD.
In addition,all the amounts shall be calculated without reference to any new tax exemption or any increase
in an existing tax exemption enacted after January 1, 1995.
Section 3.07 Payment The COMPANY agrees to pay to the CITY on or before January 31 of the year
following each year during the term hereof(the "Due Date"), all payments in lieu of tax provided for
hereunder and invoiced by the CITY in accordance with Section 3.06 above,without discount for early
payment The present ratio of ad valorem tax assessment used by the CITY is one hundred percent(100%)
of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any
subsequent computations hereunder. This Agreement, and the method of determining and fixing the
amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to
7
determination of Market Value and taxation, including, but not limited to, laws relating to rendition,
assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be
considered delinquent Delinquent amounts shall be immediately subject to interest at twelve(12%)per
annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections,
including reasonable attorneys'fees.
Article 4
Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment
due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the
COMPANY to be performed hereunder, and if such default is not fully corrected within sixty(60)days
after the CITY gives written notice of said default to the COMPANY(or,if within such 60 day period,
the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY(where
compliance requires more than 60 days)), the City shall have the option to either (I) declare this
Agreement terminated and immediately commence annexation proceedings and sue to recover all
damages;(2)bill COMPANY and sue to recover 100%of all monies that the CITY would have received
from the COMPANY if it had been within the CITY limits,which includes 100%of all taxes,attorneys'
fees and court costs; or (3) continue this Agreement for its term and collect the payments required
hereunder.
Section 4.02 Lien.The CITY shall be entitled to and have a tax lien on the Land and Improvements which
may,-in the event of default in payment of any sum due hereunder that is not cured in accordance with
Section 4.04 below,be enforced by CITY in the same manner as provided by law and for the collection
of delinquent ad valorem taxes.Additionally,the CITY shall be entitled to and have a contractual lien on
the Land and Improvements which may be foreclosed in the event of such uncured default(1)judicially
or (2) extrajudicially in the same manner as a deed of trust under Texas Property Code, and for that
purpose may appoint a trustee or trustees.
Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an
ordinance annexing any of the Land(except with reference to the agreed annexation corridor in Section
1.03),the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of
the term of this Agreement, front enforcing any annexation ordinance adopted in violation of this
Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to
pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under
injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by
this Agreement
Section 4.04 Notice of Default.Notwithstanding anything to the contrary contained herein,in the event
of any breach by the COMPANY of any of the terms or conditions of this Agreement,the CITY shall give
the COMPANY written notice specifying the nature of the alleged default, and manner in which the
alleged default may be satisfactorily cured. Thereafter,the COMPANY will be afforded sixty(60) days
within which to cure the alleged default(or,if cure requires more than 60 days,the COMPANY shall have
the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days,which shall
be deemed to be a cure so long as the COMPANY is diligently pursuing such plan).
B
Section 4.05 Cumulative Remedies.The remedies provided herein are cumulative,none is in lieu of any
other, and any one or more or combination of the same is available.Each party,in addition to remedies
expressly provided herein is entitled to any and all other remedies available at law or in equity.
Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the
COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to
promptly avail itself of the rights and remedies that the CITY may have,will not be considered a waiver
on the part of the CITY; provided that if the CITY within ten(10)years from the date of any default by
the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on
account of such default,then such default is deemed waived.
Further, is expressly understood that if at any time the CITY is in default in any provision of this
Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies
that the COMPANY may have,will not be considered a waiver on the part of the COMPANY; provided
that if the COMPANY within ten(10)years from the date of any default by the CITY,does not avail itself
of the rights or remedies or elect to terminate this Agreement on account of such default,then such default
is deemed waived.
Aecdon 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any
other provision of this Agreement in no event will either party be liable to the other party hereunder for
punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided
however,this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the
COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith,and any
costs of collection including but not limited to attorney fees.
Article 5
Section 5.01 Description of Property.The COMPANY agrees to provide the CITY with a listing of
Geographic ID numbers,as available from NCAD or its successor,to be attached hereto and incorporated
herein as Exhibit A.With respect to COMPANY'S acquisition of new land,as described in Section 3.01
F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic
ID numbers as available from NCAD or its successor.
Article 6
Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used,
occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the
incorporation of any new municipality should attempt to include within its limits the Land or property,
the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with
the cooperation of the COMPANY,and shall take any other legal action necessary or advisable under the
circumstances.The cost of the legal action shall be borne equally by the parties hereto;provided,however,
the fees of any special legal counsel shall be paid by the party retaining same.
Section 6.02 Terminadon.If the CITY and the COMPANY we unsuccessful in obtaining a temporary
injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the
COMPANY shall have the option of(I) terminating this Agreement; effective as of the date of the
annexation or incorporation,or(2)continuing to make the in lieu of tax payment required hereunder.This
option shall be exercised within thirty (30) days after the application for the temporary injunction is
9
denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future
payments hereunder together with part of the payment for the calendar year in which the annexation or
incorporation is attempted,prorated to the date the temporary injunction or relief is denied,in a separate
interest-bearing escrow account which shall be held by CITY subject to the following:
A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a
permanent injunction and/or upholding the annexation or incorporation, then all these payments
and accrued interest thereon shall be refunded to the COMPANY;or
B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a
permanent injunction and/or invalidating the annexation or incorporation, then all the payments
and accrued interest thereon shall be retained for use by the CITY.
Article 7
Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion ofthe Land or Improvements
to any entity that is not an affiliate of the Company,unless such affiliate will be responsible for payment
hereunder, the COMPANY shall within ninety (90)days give notice to the CITY of said sale, end this
Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a
portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A
effective for the calendar year next following the calendar year in which the conveyance occurred. If the
COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for
payment hereunder, the COMPANY shall within ninety(90)days give notice to the CITY of said lease,
and this Agreement shall continue in effect as to all Land and Improvements leased.
Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a
transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax
attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an
assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which
shall be consented to by the CITY,in which the buyer or lessee assumes all responsibilities and obligations
under this Agreement as to the purchased or leased Land and/or Improvements.
Section 7.03 Assignment This Agreement may be assigned by the COMPANY. If this Agreement is
assigned,the COMPANY shall notify the CITY of such assignment within thirty(30)days.
Article 8
Section 8.01 Inurement.This Agreement shall inure to the benefit of and be binding upon the CITY and
the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and
assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the
COMPANY sells,assigns,or in any other manner disposes of,either voluntarily or by operations of law,
all or any part of the Land, and the agreements herein contained shall be held to be covenants running
ing
with the Land for so long as this Agreement or any extension thereof remains in force. The word
"affiliates"as used herein shall mean: (1)all companies with respect to which the COMPANY directly or
indirectly,through one or more intermediaries at the time in question,owns or has the power to exercise
control over fifty percent(50%)or more of the stock having the right to vote for the election of directors;
or(2) all corporations (or other entities) controlled by or under common control with the Company as
contemplated by Section 1239(c)of the Internal Revenue Code of 1954,as amended.
10
Article 9
Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements,
including,but not limited to,supplies,materials,equipment,service contracts,construction contracts,and
professional services contracts from businesses located within Nueces and San Patricio Counties,unless
such procurements are not reasonably and competitively available within said area.COMPANY shall not
be required to maintain records regarding this requirement other than those normally kept in its usual
course of business.
Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water
system that is critical to the well-being and economic growth of the entire area and that it is important for
each customer to continue to use the system as its principal source of water.COMPANY agrees to provide
six months written notice of any intent or action to obtain more than ten percent(10%)of its total water
needs from any source other than the CITY.
Article 10
Section 10.01 Severability.In the event any word,phrase,clause,sentence,paragraph,section,article or
other part of this Agreement or the application thereof to any person,fum,corporation or circumstances
shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason,
then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph,
section,article or other part of this Agreement shall be deemed to be independent of and separable from
the nnaainder of this Agreement and the validity of the remaining parts of this Agreement shall not be
affected thereby.
Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and
supersedes any and all prior understandings,or oral or written agreements,between the parties respecting
such subject matter, except as otherwise provided in the instruments referenced herein.This Agreement
may be amended only by written instrument signed by a0 of the parties hereto.
Section 10.03 Notices.Any notice to the COMPANY or the CITY concerning the matters to which this
Agreement relates maybe given in writing by registered or certified mail addressed to the COMPANY or
the CITY at the appropriate respective addresses set forth below.The COMPANY must notify the CITY
of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City.
Mr.Ronald L.Olson
City Manager
City of Corpus Christi
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Phone:361-826-3220
Fax:361-826-3845
11
With copies to:
City of Corpus Christi-City Secretary
1201 Leopard
P.O.Box 9277
Crnpus Christi,Texas 78469-9277
Phone:361-826-3105
Fax 361-826-3113
City of Corpus Christi-City Attorney
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Phone: 361-826-3360
Fax: 361-826-3239
If to Company:
PPG Industries,INC.
One PPO Place,
Attn:Don Petrella 4x6
Pittsburgh,Pennsylvania
Phone:412-434-2128
Fax:412-434-2470
-Section 10.04 Governing Law.This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.This Agreement is to be performed in Nueces County,Texas.
Section 10.05 Counterparts.This Agreement may be executed in multiple counterparts, each of which
is deemed an original, and all of which taken together, shall constitute but one and the same instrument,
which may be sufficiently evidenced by one counterpart.
Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each
party represents and warrants to the other that its undersigned agents have complete and unrestricted
authority to enter into this Agreement and to obligate and bind such party to all of the tents, covenants
and conditions contained herein.
Section 10.07 Most Favored Nations. If CITY enters into a new Industrial District Agreement, or a
renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment
terms and provisions more favorable to the landowner than those in this Agreement,COMPANY and its
assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the
more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist-
related business or facilities under Section 42.044,Texas Local Government Code.
The foregoing does not preclude the CITY from entering into a onetime, economic development
agreement with any new major employer within the City's non-industrial district ETJ, or with any
company proposing a major new investment within the City's non-industrial district ETJ, as part of the
CITY'S economic development program.
12
ENTERED into this day of ,20I5.
ATTEST: C OF CORPUS C I
-7-----)--\\1._ ,f
1-252-L-Q-c„(4_,z,„ -�' 1 Z ►. .L e --moi
4_
Rebecca Huerta,City Secretary Ro Olson,City . I ager
LEGAL FORM APPROVED _/ of To, Q. — ,2015
,tiLe.., 0
°A---o...,2.:(Julian G t
,�,,,, U t t1UK t,t�
Assistant City Attorney ST COUNCIL..,...... L
FOR CITY ATTORNEY •
t►
CITY OF CORPUS CHRISTI ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 3 VA' - I (C) , 2015,by Ron
Olson,City Manager of the City of Corpus Christi,a Texas home-rule municipal corporation, on behalf of
said corporation.
�N�
� �� ESTHER VELAZQUEZ `
Ef)XPA—\a-C9 * 1
� My Commission Expires
July 5,2018
Notary Public, State of Texas t, `
Printed Name: E54-he r Ve(a.i 'e a-
My Commission expires: 37-1.1'8. moi$
13
ATTEST: LAND & IMPROVEMENTS OWNER
I���� PPG Industries,INC.
Name: Donald J. Petrella Name: Johann F. Kolling
Title: Mgr. , Tax Assets Administration Title: Vice President-Tax
LAND& IMPROVEMENTS OWNER ACKNOWLEDGMENT
THE STATE OF PENNSYLVANIA §
COUNTY OF ALLEGHENY §
This instrument was'acknowledged before me on day of June , 2015,
by Johann F. Kolling,as the Vice President-Tax of PPG Industries, INC., a Pennsylvania
Corporation,on behalf of said corporation.
Given under my hand and seal of office this 9 day of June ,A.D.,2015
Notary Public, State of Pennsylvania
Printed Name: Thelma M. Homo la
My Commission expires: 6/11/2016
CONiMONWEALTfi OF PpNNSYLVANIA
4 (Telma M Homola,Notary Public
a".;. ay of Pittsburgh,AnephertY CouPtY
;' t':eI4 Conn 1Isslofl fxpires'June 11,2016
' ME My CPENNSYLVANIA Aures tAT1oN OF4IOTARIES
14
EXHIBIT A
Geographic ID Number Designated By
Nueces County Appraisal District
Nueces County Appraisal District Industrial District Agreement#20
Geographic IDs and Legal Descriptions PPG Industries
Confirmed b Cit ID
EXHIBIT B
Schedule of Value '
CITY OF CORPUS CHRISTI
INDUSTRIAL DISTRICT
SCHEDULE OF VALUE
Company Name:
Contact Name:
Telephone:
Address
Address
Contract Number
As of1/1/2015
Due 8/31/ 2015
Geographic ID
NNFm1#Naw
N4Wtl
Description
Land
_. ... _,
Total
Pre
2007
2007
2008
2009
2010
2011
2012
2013
2014
Total
-
_
-
_
-
a duly authorized official of the above company, do swear that the lnformatlon provided Is accurate
to the best of my knowledge.
Email
Signature of Authorized Official
Printed Name
Swam to and subscribed before me by on thls day of 20 .
(Personalized Seal)
Notary Public's Signature
Authorized OfIidal's Tide
1 of 1
EXHIBIT C
City Ordinance
Creating Industrial Districts
.
AN ORDINANCE AUTHORD rlc TTM REESTABLISHMENT OF LAND
AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF TOR
CITY OF CORPUS CHRISTI, TEXAS AS DNDIBRRIAL DISTRICTS; RESERVING
AND PRESERVING ALL RIGHTS,POWERS AND DUTIES OF TIM CITY COUNCH.;
AUTHORIZING THE CITY MANAGER,OR DESIGNS;TO EXECUTE INDUSTRIAL
DIf1RICT AGRIEJAMITS BY AND BETWEEN MIT CITY AND VARIOUS
PROPERTY OWNERS LOCATED WITHUN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY
WHEREAS,under Tine Local Government Code Wap*42, Subchapter 42041, the
Governing body of any city has tlx dS pry and authority to deftest,any pd of the area
located In its ahetadoodnt JwlsSlm as an Industrial MOM,and to keit such ova from dee
to time a ouch governing body may deem to be In the best iNaest ores City;and
WHEREAS.MAIM in such dint ad pones ofde governing body of any city Is the
pemdaive dght and power to anter into wdum agmemab with the owner or owaas of had in
the eumtededd jurisdiction of achy to gonna the coodoadonof the athaaenimdel dam
of snob hind.and balmily Som 'menden by the dry for a period of rime,and other such
terns and anddaetlam as the parties might deem appropriate;and
WHEREAS,it is the sablished policy of the City Council ofthe•City ofCaryca Christi,
Tis(the"City"),m adopt maooble moans permitted by law that will tad to Wane the
economic stability and growth of the City and ha envhom by attracting the location of new and
the expend= of existing 'abodes thatch a being in the best Sant of the qty and its
agent and
WHEREAS, wader rid policy and the provisions of Section 42.044, Taos Taal
Government Code, the City of Corps Midi hos enacted Odious No. 15891, waived
November 26, 1980, a amended, indicating its wiles to enter into Idustod district
agreements with Wanes bated within its amlemlmial JuthBadon and dedicating the
specified laid arca is Copus Christi Wand Development Mn No. I and Carpe Chrisd
IododddiDevdopmeot Mn No.2;and
WHEREAS, in at to stain certain boundary issues, the City Council desires to
eaabSshed the boundaries of the land ares known as Capes anti Indmdal Development
Mn Na I and Coles Christi lahamial Development Mn No. 2 and reamed writ aims
"Indnatdel Medd No. I"and"Induslial District No.2";and
NOW,THEREFORE,BR IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI,TEXAS:
SECTION I.The Sam aoaelod in the pmmbie of this Ordinance are determined to
be dm and cant and are hereby adopted as a pit of t IS Winona
029958
INDEXED
SECTION 2. Tadutrmll District l and Mistrial INtda 2 ere Wry suhbli ked Y
desonled ialthhikkAattachedhsabandhtmtpasMham.
SECTION 3.Ma City may mem new IndoYial Diadem,and expand ar ambit the
Mn of sty labs d Drat and the Qty hereby names all rights ad powers it may haw a
acquire to snake in vet*or in pat the action of all or any pad of an Industrial Strict.
accept m dmassent that kilos aped notto do a in any htdwhtii dhMa apaawt.
SECTION A 71e City Council wove" and aothaina is anmdos of c000nanal
oblipitoa With pmpaty owes is wfbio the eamnimimtial jurisdiction of the City in
substandelly the than flown in the document ant which is attached hereto and toempamsd
herein nilThe City Masser,or hon dodgem, Is hereby aYmined toteethe suit
document'sod all related daeonandson bielfof the City DfCorpus CMMi.The C tySecretary
is Beeby a thodmd a West a all ach dsmtac and to elk the ed of the qty so NI sock
document
r r, v Nelda Martins:
CitySewmary Mayor
That SIWos Por to km time and pissed le he second reeding an Ms
thejEllsyof YOefollowing vote:
Nelda Madan , -1 Chid ARM
Miley Alba Ipl' CoNamMoiotne
I
Rudy Om l : Liao RI*
f
PS4II&Led I , MdtScat
I /
David Loeb
•
11
That the p oMiu ewnaadtor the second lime end p finally mtlwt
llyeI 17 �N
day of � • the ibllowingvote: /J
Nelda Martinez t1, ' ChadMig4S lids(.,
Kelley AllI`' Colleen Ware •u.:
Rudy Gana nat.�C. Lmimniou ts/
Priscilla Leal i 24 ( .l Mak Scott 1-6
David Loeb ( (
(J
PASSED AND APPROVED,this the U 11 th day of_aspiljyfike"
ATTEST:
fthin4r6r-- k\kr—
Amu*Chaps Nelda Medina
City Seetdmy Mayer
029958
EXHIBIT A
Bounduta°CLASS 'Dltet 1 rdlodotld Dipdat2
•
•
corpus Christi Indeewd MOW NO.1
Approdmatee9,773AnnSiMnNuemfCounly,Tawyonadda Body WO of the Meat Corpus
Mkt'midpoint/bound da theauWNest be diaeMeastdachas afIntern*Wow No.
17,on the rmrth by the Muth drare-lte of dollen.Mend Nom tlty,on the MOW the East
dlh*ofrgrdCmboe Not bed(bePPMonOonidor)from biamat Uylnvq No.37ta Mddnda
late and the north ryhtohwydMddnde as Wan domot rytwoSmrydOdom Plant Road to the
east property Ire of U.CIy'i Alban Wastewater T ohne Plum adalong the east moots Ilse of
the Otis Moat WWramterpleat from Iicfle lane to the Num Ma:
1) WOWING*the earthed ant en tice,:I —VNw7riWunaided In Where 21.
Pap 84th Mao bone ofNumCamty,U,same hello the norther torero Ditto
Clhfs AMmn WmawaterTaaenentPlant
2) THelah anamNpolmuMoften meadarsofdmsaksteins tthe Na Mar
mid Muscat Bay to the dcrewofNodt 1,lot150ttla PaloBeteluhdhNbnN
marded In Volum 47.Pape 144145 piths Map Retards of NumCounty,Tens
3) SNMeatauWwgpd/alWM the weped/bo.ndwyBa the Para Bd10941344beto the
soIMwNbdymaw of tel 1,Bbrdr
4) nen authastSyalong the sends*boundary lire died UK to the nit Of INdb
tt ethy MCorpNCleft
5) TNe1asouhwatrd/ekes old city USI Isie lea peonwhen Ito mite*.o Wens Yr
WIMPS the malady rlibbitway Wm at Burleson!WIC
6) SNMIu.Ssens/Son the not'ddwcFayoWaWon1entw the'oedemata*
boundary Wm that 1,Sloth 174 of the BmohiynAddAbu aremrMbVolu e&Pie 31t
the Map startst Num County,TOM
7) MOW mSmntedytlaouBhaid Nod 374 to the naMwabrlymanor oftot It
B) MOM southeast*abi the noSwashdpBowan be of sold lats'to the northeasterly
comer theme
s)
The=nmdraemlyabi dmnoMrwsmdy I%1Sd4W lie of 'W I.a porton the
norther)/bpundsry In of a BS Ana Toa of lend brown eared'A'of the treshhm Arsapt
10)MOMardnasady Oars the nodhaslady Monday cheWTract'A'to the northeasterly
cosier thereat
11)SNetasWhwNhrlyWong the wester/boundary etold Tract A•Id the wntwadoa
tent to the auIM*rkMaMway t Sottisen leeep
•
14)TmslQaauNa aarlpaanthealahayrlSttoiaaydthatem tlh.dteth.centerline of
Annus ars.
THENCIaaudvmstatiSops the a.tSM.Muhl Avenger is tlbaardon thereof lo
plain the anginal t1yttedttlmaawmyadWeF.wWnNudeInAopaRLai
a4)1l ssawaabgidadaMaryb2t7yttdtMatethemew=o tardm.sk
161 tsslaaod NI$P NY.dnfdogaidsralaW Mme SMtote iath Of.11.901
has tadaamad WOW Otenraea02144 t
1q 7Ystanound mid USW sea but
aP41M5Wa dhoti d12VAWton point an the aNw Ottchwayllesdthe
Wood Oadlltttdhaadi
151'2V474aatsSthrboray.divan IMAM' •
S617Y1fan0*MMaraatyh4dsW Mara dinar
n1'isto'W eaWibaidightmbny.dlmnadMSQS be ping
551'!310.16 Sine GINS w.pot*
a1•41.4Swa Islam d75l.91'teaplat
aI'1fl e■Ast..ada10.U'aapeaasad adroit My With
17)IMO=Moly csallinihSa1od MO*alp thdtb be ttlamttmaerataO0at
an tad wnaad W obi adhaim NU44%
$1l9te aa.a sM 0,110l1area tract
5171110Ws ditto=slur teapot*
551t11.41adlaaad53Tto a p.haaaN.wtaldythin%,
1MtxsenaalhaymnpnSMslag sold aYtatayOh**ht too pddathemttlmat.wy
Vegan/amdNees Bar Soarer*
saillIfflassullealerlyalosi the aagsads idghtemysadNaastrySotdaatdbtla
setycomer d1Ya17.PaMaa7adeaann.dbVolome 7Pop aatm aglaada
of Niece Ooat4yTaan
11111*Wd tenured aeld Tad a
MnsrWadasoe5300.a'tea pain the maw*aaerthamh
331.•211OO'W a MINIS sumer to On ata phaLara..
Shr3V YWadhana annals tea pinnate wade*cornsrtn CSMa to
raNarYdy ha.dary lbs Mho NyimstAdiYen a taardd b*dam a.M.Q d the
ldep t6ande d Nan any,Taal
210MINCE a.ttlanstakn .mwtadafyboundary lie of salOilmanMahn to the
aa0aatauadtot 205,aa.phdholds,atlmly mewenact It of the Paths
Ailsa retarded&kWh 5;Php1a el'ha hbptbm4dNukes 0 n% Tana
811MsldSIrelO Wdenald Tod•It.elms NUS to ono*gat thusly
24)MEM merriest,*tiontne Buddy Laming 0*.ad CAA Pak Manua to point an the
northeasterly Meetly Ina et lot 7,kkdi ieft laumMNtMuncerdd InVddmMS,
Pagano,the Map fa xes&tramaunty,TanlmnewlMhesatwaoutheea
mnmmnofMobs Sheet eshown onFest of Nrhertant EMSmardrd In Velem S,Pap
45 glebe Map Records of Nam County,Tang
a)mesanrtlwmdyaloes tMvests*Sondem Pee oyaid nether taw Emus tot e
northeast*center deed;
25)TIMM!nerthriesteslialmsCmnrtlarkrhomdrylineofieldXmhrVbwStitesadtM
eataSeC-raol,pore*Song the arttedlne et Gibson Street,le a point a dte vast* oe
way One a►Padttem
27)TIINamrdensMdyabq the wetdeleckmy lee ofPau Lane to ate northeasterly won
at lad dMgSIa Taaktei*Ws LP a loaded In ooeenan IICMG70Oa7 and
1111110031113 date tlledd Pelt Petards dilutes Cunty,7mo0
Iu 716danmtlnaumdyalone the nortaut,*beendmyrsa thee!MilanTsmi RS
MSWnptP as point andramidi*Relit-okay Wedate Mlsaurthdet Reamed'
a)TWsaa tindrwam*dime ant amhedy dghoRwoy ea to dr nmdnuegKlp Mondry Ina
of aidMapwnTenMal NdenlL IF toa polish
RR)TOM southwesterly along the westerly bmaifl yRaorsal MoyneTrmbW Moldings,LP
to apoke wham 0re ratlwnSIyb000dery Fre ctCammyCabPlan a remit'in Wham
4,Page 3 of the Map numb of Naens County,Tear,mems the northerly dpredkay tae of
Interstate Wow
31)iiwta nerthesestesty alone meld northerly npeapwryto Its btaadb,C the
northeasterly'dared wry Inn afUp River Road(Shell Raa$
31)roma nrlhwadorlyalong dd=thudedydehbsr.wrya W War bad lthe
aoudraaml'rante etLot 3,NadptbnRehr'Anna IS asreoddeeinVelem'40.Pap UP
Otto Map Records of NmmsCaunry.Twort
33)T111INCEowed Wd lott -
Na5Y7201aSnof177.11 to a pintadn northeaster*tomer thmk
N53'it3O'W a detonate,mar to the aMwMaM tomer theme);
sivaa7CWa tame of17lirns .o, matedydeMcknydtlp Merles*
34)TihRE noMwwdy oboe ant mAteaady Revolver Ra of Up Mar ad to the
wawa*rgtCI' .YR eofCantwell Iante
as mous mrdwMWtpatagauM ante*Reheat-my to Its bmmNasaath the anSmd
the nanher*Ostardery One ala 337 Ane dad d Ind out of Nae 3A ofthe tader Tmel'0'
fumrrddplay)
14 T11MIawtlewbdyaoweda IWelvey lad elms the Stark bluntly Ira ead
MiAaeTlrl(4Mle>SmmaMAq .dr nerdavellerly tamer*nob
e7)TmMlaaahwsparelh.wale*baund ryKle 313311337 ma nun aS 1A,
Fat ear____ she- an*thereof reseided blfohoraft PAM a or the WD NM*
stNuns County,TMN,b.pole anthe nar atelyy3whryIntefupMvlaedt
egTNINanslS.dyWnp std.Ngnwh/eiFwrana AlpMyer Pato the •
w ady eatandon or.e1/6riavyra lAoebat MIS eaalotLpMcL[dphl
Sa.aeeaAdoralaIraddInVolum S1.PapMofUa Mop 1ratbdMreatLlmq.
Tray sold lAa.Ind daaiabada.d hoadabGq Wdlawdeie
ill)THENCE aMhwe11nger.raM Up Mar Rad reldenganlastfrIstakokaylbe ro IS
madebornary/aifand1Aw.tact Oat pMMd,w lrt1D 1 401iad Doane*
ansona71ofthe 010dd Pia Piave aflame Coen*lt4
40 NOM e.drh aadwdy eddy,sod northerly mewl Aids Mots*37 the 1111/16101
rliktroksar aMldaMlr-Y
44T11E1=%MrMablaadwurIVIddekrrywr roar tat bank"Ine ohold belt
Mod It
471 NINO wattantsdydoleaUwetborldryIraorad Lot Madtlindite Wad=
threshes point on the nordraarlySkaliray4dip Plit614W
41)TNNdaatlwatrh'dapadw-__%lighwkaylbrofUplee l load to dr
rettedparwbaoftlr rIghbokosyllresellatmq Radf7A;
411 MINCE saM.dadf meas all Up Mar Paid mid Se aM westing IylkoSvdy M!or
County Rood SIA*Its Un =
451 T71M1paooglrbMly.ronpslid rtlsf w.yaddeytlrawhuq boundary/ifs aleAre
yea out oral OMrhaftemetllwTertad dapbadtaDomm dtlADlaKMafee
Dodd Pahef Mand.of Mref gewdy,Tonto e point on*.IretbaralySrdry Me
o f Moth e,AadrryHerb Usk 1MearddloVdra2S,Pepe ash,Map Mard.of
ThrenOelep,Taw
4g71RKs_Wradayab.dada.WraMlyboudryiM of/atm list#31Uakiad
d ad the wtvaadyWain ykern Madwg111114.Unkir renal In lawns a,
P ap lie orOhs MpMoods drraaConn%Tens ba point onIke maths*IWlporray
eMWlnrornro llghagi7l
47)71141[reran..wrpdaN S'efrofwayOnedllMasteM7bryflfotlrwara3r1,
MuWrytlae1st 1,Mod 3alto Mittens Industrial Copt raemdadfMums f
P ap ie dorm Mp Raedd of lam Calory Taw
4pUMMICRwadaMlatL•
Rbb'e'a'esManes dieDAtism paint eIke natlmnlagants*nc
taO`ST2rW.asthma of51919 tothe northwest/omit thea*
500'4'41`W Nag that dptsrw.y of Coen Predutte/load.Alarm of toga to the
northerly of nWN.aHdeayr8
41)1NBNCI m*mM.dyeas DM Cam Platte head and coakaaydone aid dfhttifhray
Inaofbaotda Maher/37 tette nueselsyhmoalaryd.dbt IS.Meek lot the
Interstate industrial Complex Unit las mm,Yd Inaction 54,gage 24elite tapHoodedM
Mee taunts Tama
SW 710405rorthwele yNayaeatrlghtekpNaofOomangodaerdtthe
amuses y boundary Ina dint 16,NW I Melt Intone kda W W Canptmc
SI)MEM ea YMawarly atony the adhaWlybounds*gneota id tat Si a IM anaaaam
come there*
la)TIaa nettherly day the aawq handary ba dee Block 1 to da midpoint of Lot 111
53)Tlpdtl waatarly along sad Stet of tot mg and awn*amen tanpta adwrd to a
pebt on the west tyho.Fway then!
54TIMMsweat*dagMewedrlds w.pot0omplexSOAmenlaapenton1Mardtaly
N/t.N•wy of Interstate tllhwy 37;
511 Tttealtmsthwatay along sold ryhtohwy 1a of einem HIglomaYnto the math*
aght-Wwy of Southam Mineral Road;
Sq MENU cordially along the at Adhaf nn&a M Southern Wawa lend to thesoothe*
rldttcMayaaafepalerRoi* a
57)MIKE southaIIydaythetun aghlefwp gre ofkr MIH Rea to Um mrthwatady
tem-.f Int L tb k 1 ofthe 1paeal Peak IndnMN Am a Recorded In Volume 52,Pap 13
of the Map R.ardt of Neat 4uttlr,Tee:
5$TIWM need aid Int 11
50t2tW■nano of 437.951 ba pelt at the a.thweaMcomer thereof;
5501414111 Marta 0172.72° theamotheasterlyanarthong
Nofag lta Alta of5079g'tot poke on the soudtddtoe$wythe ofUppberlba:
51)TNeMsoutheaster*along the auadpltedwwy Iii..1 Up RNNRwd tthe ardmetrdy
one ate 3.75Aaetanalland damAmd In Docouwatfl o1007flotthe OWN MSc
Ratarb of Nuns tooth Tone
CO)TNBM■matsold Vrietlt edy,snothaswity,mod mdmdW.crenate UpMegoadtoa
pont on the noah dttofiay thet..B
61)TNennolthwasterlyakmg the math ddttofwpamat Up River head salts ata eabnat
thong Stof4nyIna at3omhwn theta Road;
1_ 7777_77..1— ., _ ._
<. . . .7777— -1,777:" .71
•
a)101NINCIsauthatlyaleagMiss dglaSctwrydSMuirP rah Raid tea palates the
motherly dlladwvafSuI aWSAww77$
a)TNewG,oaMaamrMMal PddWoks,One dMbhhaNyMwwS7to thaaoalhrPi
canter dlot7,thlehl,WSW Page Pot Out Mop
Rum*af MomsCaatdtao0
6p MT=mod htt?Cook waxy,adawUwdvbapoint dnthe moth Attie-
troy 1w of Mad-Mthwalr 77;
65)=is sorthwatioto.In s d/d-diw In sf.bNNla Rduaw 37 b Unhsts*
alotickt phh dihhtrIliad;
6Q 71MNOrata**was awddddaN/Mdmua--Rbdto lhaaeudwmmd7bma
@tab oflmdltalhdb Ooamati20171o7Sdddthe ORhW Mk Maeda dNaom
Coot%Ms(fax m72/00043 ,
57)71a10addfabrOdhaadahaadaryhadsd0 motto taatteadaaorteeth
a)maks n.nMalyMin die eat boundary Una plaid UMand Sado int bowaryknal
a Ind died Sited InOoaaat 1S01m"nWof the tNRddPak NataaoNems
CSIag47maflhu10077201oo.07001
a)Twice arthwaaldfadwaaycogthsnorthbandavladoldhatbtoemtd61d-
aFwrp0aadlMaarRaad;
7e THUMB adMdpa rsda east dthediavline(Abater Nowt tiltsIaaaatlawIlh the
with idinkay Ire dUp alter Not
n)usa—A---- -i,iIc Thu wish ttbtaityIns @1W Pktirlbnit.damoihtad
mala glut 3,P.V.Akadarnsham onVoluaaaa,Mellon*Wplt afP1atn
74 Theta autlwelap aaq the rut boundary km el sold loth to 6th audwma caner
diad;
7g 11111110Esnicadstoaloreg thestuthaea bo ndavha dull Sn and Sets soulMad
hoadoryhada taaelhad dilated itOmnemwRD»o:Za0 of the OIRalPut*
Raadaa7Naalaa%Tem Rat D027241004004;
7d)MINCE subdv a bglbaIMagrOealalvhasrSunday Oa da hut dbid dsadbad
b
Orianat lainahati°rattails!Publehocueds aaOmny,TamUao0R72-
01000110);
71)mea07aatbayabgdrsag boundary lagold unwind crookil Up IOwrRad to■
porton the oath atthweww thud;
•
•
•
7e)7115Ut8 roitwgtal4alaO the north,fMafeny line ofUp RksrRo did M IMenaabnof
the west*Skew Inset Hods Rao
77)MEM wdthdy ameba Up Met Road and Sg Us west delthoFwei Be of Moder Rad
to IU lnwtwalonwhhthe north rjjhtalwy We SUnholy*HthhtwyTh
713ThS$anMhwestidyslam ad rWnaiwayIna diatribe HI%L...371s SsaeUNut
center dlot 1.Sod Hunter ftWuaUlPathwrecordd In Volumeei.Pepe 128 tithe MMP
Mn of Nunes Cawdy,Than
711)711B7a adholyMtn the east bamdstyOnt dsold Lot Ito Its Intonation with the south
d{M dwaylaudUpRMrRa h
8q TIMIZnthmtat alar)the mouth dream,the ofUp RMrbred to Its br and
the west dSlweWeyMeofSUMkaleak
U)711tia IIMteasbdyaosehg Up akar Rd to the Memda of the nest iteht- losny e
at Monde Read meets duanhrwd•dwayelURRest lloadt
81)mesas uthngldy amine Swede Rad to the IlamtllondIke astfrudiwy Med
Sumba Rood rents do earth dlMafawayofUp es hat
83)7HuIanathsysrt the ast ryMofwayyns of Suable Med tothescariest cornerdan
witted tact allied dumbed In Document MUM Mho ORKW P11*Ream*of Nunes
County,flues Rae 100157411301.0001%
U)7Hsla arand sad tract este*.aMedy,and malady crossing Seabee wad to a poen on
the west,Shod wwy Me*areal;
85)7HLRIRsa thrhelonthe westdelt Sway MealSatW Road wthe narthautcomer of
West End Slabs areceded inwham 15,Pepe,ofIMMep lbw*alHaea_Coatw
Tu
88)MINCE round said West IS Hebb=
steam aS574940e point ado northwestaornar the ah
SODIVRa tame et lo the wudtwntcornet theeaf,Wages the northeast doled-
way ef Up Rear Reads
ihtaRwayefUpRearRads
m MINCE seven**along the northast dya ofey Ira of Up River Rad m 1M oMubn of
the fader&barrwdry$re of en batted beet dlRd deeded H Document RwlaoeMle al
the URhdPubic Records of Nunn Qum,Magna ID7i41500083713):
7181111111158 sauers,antahleseld UpRherkad.ed aloythe eastbetetdwy See dsold
artplstted past to the southeast comer drrwb
Re)THENCE rtordtwestmlydap the southwest batman,Omdwk unptatted beard elan
webbed but oflad described le Document ut7RRSodthe andel Irak Reardsollene
County,Taus Res 10711e6O81813710)to the southwestarnvtheradi
9gTNBlaartlrdyalas,Osumi bred-ytreddd but In M.ausaardppbmet
Tokio RadabmuM stas maim balms 1011.33dtlr141111.mtp.JNu.w.
CountyTans m Mmrtlimteig capertlwwb
91)'MBOamMmrelyaiming apfear road b1Mwil .Wdycomeedu unplabdpact
of laddealbodblimumant MIUMM0121dtlmMIMilkIbm. of Nor—Omdri
Tom lin m026,awOoSbdbmuth. =caneduia*
so 7NBISnrwith rantint.alydrrd westerly Wilde/into Past mla biMnttlorr
W$Tllerdmutlwrdyawing 0pMurtod to the...r - tramaxdlotL Mo&i,
CeMnalon ladmtdd Ttnb r.trd.d In Vaharw o4 pep 1a d Odd"awns diem
Cowls Tem
04 WKS mound rMOtWBOenSwish!(sett
M 0113WWwSagdmwdmlydylraf ay wr.dmooRaid•Mine du734 b.pwra
at tha salitnitrigmmr*swot
NWbgW aalms d36bA'bIMmYlMntbiyawrthet.et
Nadtrilnadam dB0a.19'b.pint en the webattaly Safe d Rbergmit
96)TMMIQnrammWlyalai the i sS m ryhbaraibadllpIke Rad title
northaultelyanangaimplanud tract dbddaadbdb Dearatb1of0010agdOr
WWI p WeMmyidamesCountyTem(ftitM7JOi6000 Ok
tie NMIyrdhaffalmglMedrly tindery Net afield us, tea bIke rouMmt
mmrismI
97)TNBlaaihwestalide%the south/NI boredry I.or0d impinged aaadohm
unlined Meter gddisulb.db Damon glamaugdwrNgml Putt Records of
Nue=Count*less(TU 7941100110a00)to the soothing wargrrot
911)TNBNBairdyabniteaalyhrderyb be Jamplaaed bad ofbadd.ar6d In
,O•amat112031111114600Rr NS Pak Retort ifIticn . Tun l7nID7906-
uaDaW)b MamNheatmmrlhrmft
sM TNBIaaeNmmlyslots wacNurmiySahmydi-NW-Rime 37and the
mwhwet boundary gmdodd mpWYdbud to ttrrinmdy unser Mont
100) Ina n.Nlunliabagthe twbrybouday MAW uapldadaid mai din
matted Ina of deadbdbDnersit1001W1eonftMtNRdipdiaM Mends of
Phan Cony,Tan(fax K79MdM0 to the noArtastcomer arreot
an) THINCIramthwesterlyalongtlmmdM.rrtReatmybaa ofUpWet Read teas
uoS aadynnsrdauratWaNdbd diallhei b Doormat p007a99W/dthe
OMebdmieeRawdtdNumOtobyAa(h.b70 $C00Ddag1
•
LIE hem wulhadyshag the early boundary mu ofaidunpaid tractsoOs
soudiesstmrre thinsh
!nJ 1NBea neMaaMyabq the a theavty rrhtafwrydMitigate Army 57
and theaWtwatweinty Ne efuld urea ted tract Stan unpinned Met Mind
described In De==ed 111007056075 of the Dat81 ruble Numb of puna Cody,Tea Rau
ID 7541500004510)599 afan MIA Stractd4W daoDed b DwmeM 1201004042Saf
di,0l puth&Mast of Plums County,Tonga ID N1574000.0011)W dMadaat
tanertAxeob
100) Theta iserttarlyolom Ustaao*rhominy lietolduapatadtractaddas
unpinned mut of lad&scribed M DOcrnnmt 11101001040 of the ORM Pubic birds of
Has County,T (That ID 105741100100)isalaaISODM 071007 dew M
Domed/20100110118 if the C11kS Pubic Remrdu d Nueoa Csnty.Teas(In ID 1057-
000041010)to thenodhwat corn daaoh
195) mesa natlmWedyslog Up River Rood WepSnton the MSS rrhta8way
Ihteal adtewans
sae). 7Na1Qoa*s uedySgIS=sr*rlirtofwry0aofaMRenhowlaaaw
Inte=l arwhhnorJMaadycaarda anramd bat MDocae&
12910000112 of ibe Petords of Naos COMM MOM=ID02714042,9000h
107) Then wain.southwaady,mehwgady,and southwaa&y1a apauten the
=Mead right-okay of Up Nor lad;
701) TIeN®aMwaaerk Sang the oilman rrbt-d*wyla dUPMar Mud huh.
adaaadycoiner dlot 1,lock LTeab*Tract as raenkel Whim 55.Pale Wed the
Map await ofNoancauwy Teas;
100) THEM nwthWyabgthe out Son Om Bald lot Ito the ashwaarpowner
dadnpiatad tract of land do:1 Wa Most f1010010c25dthe OMNI Pak Records
of Num County,Tau that m016601M0100):
110) /Rea nitiliknortheasterty,westsrly and southerly to the Mutmtcomes ofNS
tecoloahact
1n) TWICE northrwertyalma OnNortherly boundary aw laid Twills Inlandan
spatted Inapt his malts In Domani& ddaOpkSPthk_N*d
Nuns testy.Ti (Tax ID 02964010,01105)to 0runonhsatomer t teed
112) TIONQaatharly abs the waste*boundary Ins oink(ISIS lot lea paint on
the noNraarrlaofwayafUp Aker Raid;
115) Tient nwdammty-We anMat dptdiugOw ofUpRiver Rood%Its
Interaction wlth the wnarly dp9.1+ap W of Man Ferry Ind;
•
714) IMRE nordwanlarkM tie i wwl*cHmfirdlsiaF fludb
the salientmmrdtM7./Mamma Gann lobes nomad NYMMM4Pip Mt ala.
nap Ibmtdtdm-orcounq,TMas
7ss) 1HMC8sanMdMMo.Mtlrnea ljlln.dmbtr7b.gen zcaMM
without F0404* olUp MmfMad;
772) nen wttmsdiaim The ortlMNt 444efernbr ol Up Its Madbthe
ttuthwrady tour diet s dwid Masa sego ton
177) Tian nebMdYalms the tmllrlybsandbylbw desldlNstea pint oaths
esmtawSd,Mbd,Mpbeddiens Fen Raab
tTIMM tenods bonMM yMasaid AtUmt I len
ologi Um nand Mn.dxes1w yrryMudb
sly Tea testbtyabut the moth bounty One of DE'S Attain Gist lob and
the mlmtbngww/mopint enthe ra MI yt%aaFMaybeddUpmarModwinet
susalrtate Nen.al*
174) MOW nrthnwMtlrsaewMwtdWbata vtiet -aMaa new 47b
the toeaultey- theofoR_7 tdlnralld dumbed InOOTrtntt
g010Msagdthe OMd ipatlk lands ofuuacsic nt,Tun MI02614aO43927k
In) ulna wend old wpitlled wet tar, and
wane*tea pert inthe mMMwatyd/MsWMdNdrsIntNewsy :
777) 7NBIC*nnhws yobs the twWwtdslMWmywdMrmb tither/77to
Ike_anstmyboundary b.ofanrifted Inn Ord dean a Ooaanml
aowoatatofthe OSeYPubic Rant dmeeseOowy,Tens an RROswOsmk
772) *MCI nun oWunplatbbut wdaspdtninny,sannestap,eed
sounneryto Oak Giinnodonmrydihtdveydatr se tsMlrayT7:
221) TMIIQnwtmeerlyeagthe mMMnntybtSayPm dhwbaa Wray Tito
IlsMresdlen with St mentit',1 *4igt aofCurbnt t Pad pie FS Plat Road no Thine mMdmk
772) TWICE wnlrsdydont the ssMrnIght ikaylMetnrhaiPmIbud(2w
Ran WW1 a Mstwtesetwtnth the owes**tent ens dwlddade(alit
IIs) msa nrdrtaterydrs the anhentddta+FwayMaarMatadi toe Wits
bdresdlw Mb the m.UMrity mor of the AMrn NrawetrDlanMwM plan
7271 Than nrltryany the nesdypanatyswdd Mise.Winnui oTiesbmtt
PMI.to Inn*ISMS ddr Minn Marini kWofOnh olniedantaak{b7TM
Mos nun of len
Together w1hM Mad Moab donned es Swam
•
Am St
223 Bens adarta 2,Meet 1,S0atareylddNMbn u nmddtaVolume 11.11p Men hhp
Rattle of Wens Crery,Tim SSM 2.73 We hag bnlerdatrbed b Doemnt112011D2e108of
the NISI Pubic Rion*dNaas Month Tens.
Am2t
lgMgatthe southeast comae&MI,Obdt 1,Stair/of Sehd?Wbet mteadd m*than M t
Ps It d the Wes Nmde ofNeeas Deeny,Tree:
THENCE Noah dor ehe{the crapbetmgrydold tot 1to the mutant wan throeft
711ENCEsoldhouthhaling the southwest r%hter'wsy heed UpWMrload bthe wary dShtI.
way badrL-Nmod Rods
Man emNre4rlyabttSMewest IWn.Fway Iheottlerkworel Mad to Vie neandy dtdrtd.ef
1ne al IOW*MOM 37:
Tonna aoNhwaNs.INatm the nartharSyrtgl oyaayInsofbterabmNldatrlrnmmepoetaf
Beghtram
Am dt
tat1rbbelt;Money!Nostril'huts onodd bfloe 48,Pip feoartes Map .a*01
theca Canty,Tent
This docamsit Las .., .d tmder22 TACpII.22,sten natal dii mob of in w,the vms
sum,and b rot hebemud toaary wenMbh NMrMab mlptoprtemeept than delft hid
Inermrinp8d wenMded by the eeSa orrmnfpmtba tithe barderyof 1N poROS
euhdlrhbrtbrwhich Itwmpneprd.
.GL taA3eJUl �. O e F. �lyaS*e�r;•r t et-5-2013
Ruud D.Ws ,tii¢¢gL D.(V; 1,1
R.pt.s.amal ':'lro 5!41 0"
1
RJDUSTRIAL DISTRICT NO. Y
a cITT of CORPUS anti TEXAS
Deporiad ofEngin* Seams
wan
ismI AWN* «a I SrranZ
e. Lean
aunittaratiowr esWpr,
•
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Corps Chihli SIMS,Oktrbt No.2 •
Mpodaobl.W7stadboo wilful lime-CemtpTmt.Goode the snots otoe OgdCotptsOno
andBeaaMybadad a the south hytMaddled earth tydSI.VBee i1J •No.44eetlrwest
by the east tl%haftwpdeem bebbdBad1691Filmed,load(,keen tteteliglawy No.41 to SeetIkk
laid Per*heed Mbonthe mahbydameth drddd.aylweghkMad,Ban Imes b,MetMtnoed1W b
Fenn to Whet hoed M(V t Raed(/Nee the neaW*ctey bmdfkeno MnikIbtdl4,pmamiter
Bad mthe not pampa/Nee of'leMttrCMdmbt►,banded wale*toMm blast Needles=the
north hythus*reoparyfsDM OtpdtabVmdadedbaeFinn stied*bid 24temgabnldie
nettle peyote Ike dhatterch deabIPuSeawdMwasted!ts he pwmdty MIN One melon due ambV
the meant sMirk Ise and the dote*,W*d mega dymd MapnWdad hots aims Sy disabled
asfeMewe:
McBlmtb/d debar sap ddwWelle!araedlhbdwry beef Sista NlpleryMwith the mahgeast
eWdd-WyBeedfmm toMabtMdNe.IN4(CasitlaReed)fist the aatlaarteamerda we tract
ed(4t440 WAWslubNuideeSte .ml Pes00ete(Valee%P O1S, WPretdrdNdmtedeh,
ttm$,-'-- bodma tbait MOWddmMAd!Piddle Meads afNeemetbmI TS(TIXW
_ opsamoacq'Slut Ii. athwmtwmu,ii tib OMd
71bNQ,
lee fatherly dotting with theist right +wtdhemtoMiketNWPbsa4(ONa.WMata,
a*paMsWp vane to the hoowmadalea du*aMwyOne dire bNNW Rod Nq 1694
oats lba0wWtteeaah SakaiSnit dAlaNdtMedgoo,Read No.44(,for Sue nortbaad
content a 41111 went meal lain tithe Bairn dteldohOfthe0*Pedals( hmm7,hp
Mop Newt&of Nuns Ceal%Tsa),tribal bMoallsdNa.20II0110142 of the OMNI Public Records d
Nemo Meath Tags PaaD69ntco679mtadfor tMnmhaiNep eefdubMid*
TIM Q.benseadMdltwoidtb south tytMfwybmdewatlfdiReed play lead Ns,44(,at
appabably5144 hdtmmhe roehrdmtnarefi m.4127aaetttatstet tali u tin St.WS.
Ids SdMletibe OedeattBhm Praline LPe 1L 1W Mtatdldtlamaawq,Tmm*ISMS b
Odstma*Nammm31441/erste ClMdPeh4MnetbSMmsa Caawf tea Fax mdsteaOB m ,rd
hemeted/dNiNHmydadd pane le PASS Mad No.24MM head)ad mdbiybaatmlydetamn
b the am droktop loanann toMatt RadNo.14(bone!tbad)/or aklMbrtataardhbmmiat
_ mac"los mitMlymmmnsvalt dogmalWscfray of Old Faimbilidte Rood No.2410W Nadi
son boy Oawog bandayo to lokor OollaNIP 1Iy.1e moo Iron,hStlad otfawmeSin
described bDonor Na. —eiO wPubic lflofNuns Marty,Toa(paV@AaOp-
OMa*tents dppodmamttfl abet blOre mdtbnedcreme addtlaebbrdmdmb,tr 1!1.69 sea
tract and terms d deb tbat(l
•
THENCE,in.neasterly*talon,with the earth Inrdaydale took*Chemises.LP atm we tract and the
naMboadaryorthe Fodor OtaOak,IP MA era Wad,hake oat dAssam m Wp149 IS Marind
12,Srwy4ndtieChart land.Abstract$34,aidR1i74w.boa imbed In Datum*No.IRMDI76-
/W6DIabIPubesR.onNsoft County,ems(TaxCW78O12000RoJ,i4 taaafappa ratek6,050
fait nthe binenho rotheewhband.rybedai an sae wpWthe OyotOxen°wise dy tabs
Rna forth@ northeast corns of Mk Oteskt,
TNtaQ.Ina soulustatk tentedok welt the aheve4entlened Oty of[opsOuWidyIlmla beat
areaP*niIv4MC tnt au the t.....t.i f1 .4bd.Radandannndn{leaauta tork
dantarb Wtbthe akrentaidonad Off dCoryaChM sky Iola Ike,aaWdkbaeofappsji, y1S2
Matto the LJ—adlachards*Matt Makththe. *lpwwdpPafwrydlsndMtnpnRoad,amt
bibs the ant bwtlwyeta WA7an beet out Olots i throe,&don oft HIL aIDanbrtad
Paton 3 Pep17,Map Rsntdt Oaken Mutes Tons),dmbedIn Moven no.I001O44422,Cakd
Pullk Records oNYaaCary,Tau rot ID7681-0(000110(mod Iota comer ofthis Okbldi
TNINU.In a adMdy draday with Me Stag vast boundary dale Rad Maps load,are Wks the east
bawdily Male 10A7sae nit,Idetente ofappedmat y64Sfaaathe trenetIontimidadboundary
of Moon Rood S the eddrr6north tigMe6wayIke anon fIWi ay44forda sou0ew comas of
ald137A7 ane but and for du southeast eons of tial!Math
TI1910F,Intoots*dradaryWith the misting north boundary debts Nt<hwav41,etapprmYaldy7,900
hat pass the appreaawear o Wank and.atappmnkny U.1 tnt pm the apprakknmotor of
Farm to Mat loS 24(debt Road'la SW total appaWate Mance d242011bnto the Pablo(ledad4
and eor.nrbr6 appadmwy 4.197 oda of bad.
Thkdoamentwas propane vadat 22 lanlial21,does not reflect ta tnultsdaat the wood say,and k
not el he teed nwows arcalabash Interests a real property unapt those Wes sod abrests lSer
eiahided by tis oration or meodruation',the boundary of the pol*laf addtileon for whkb It was
Pleated.
OP
�}
SGLw>na. a• Oct ''fit * 3
Rural D.Odk
.1**1.L J!. `t-S- 2ui
RPM.EOM e•. 6817
INDUSTRIAL DISTRICT NO. 2
OTT of CORPUS CHM= TRIMS
Deportment of Engineering SenWare
Mike
IS *WO
Mom Is sSC OF
ryaf.rrwrr{q r CAS srs{e.rmrr
Industrial DlealetApeameet
• •
•
gillailaiilLanaRailillMMENS
THE SEAM OF TERM
COUNTY OFNUECES 5
CITY OF CORPUS mum g
This Watt Medd Arent("Agreement)made sad Welt into ander the authority of
Sunda 42.044 of the Load Ormunment Code, by sod Swam the C/TY OF CORPUS
CHRISTI, TEXAS, a Tow bands mid* seaortsof Notes Cott, Texas,
hamluenor Sled the tar",S LNmns of Isoclosuer],silltsteigpe of amity),Leadownen
mid imam offense imprommeats omit a fattejtype of 4 US and Improvements
Owner,hereindor collecdvdy caned tlerCOMPANY".
SVITNESSITHE
WHEREAS,it is the astathed pay of the City Council of the City ofCoups Chrhd„Texas,
to adopt reasonable mesons permitted by kw that will Sod to ether the eamomie rattly
and growth of the CITY and Its environs by trash%than:tilos of new and the emenden of
mats indusits thereto,and Seth policy is hereby ronflhmod sod adopted by Ms City Connell
as being ia the best Send oft,CITY sod its diking sod
WHEREAS,the COMPANY Is the owner andior lessee of Laad or owner of boprovancute on
led wilt the Dun Matti Ndatadon oft CITY:and
WHEREAS,under said polky sod dm potion of Section 42.044,TCOMI Lott Govemment
Code,the CITY hes enact'Onto=Na ISM approved Nowt 26,1910,as amended,
Incorporated kr ill purposes, inullosting hs Smuts to eater Sc Indusidd Dktdot
Agramenta with industries loaded within its Eats Tadashi hohdiation sod chilpeting the
specified land mess as Comu Chdsd Inclostriel Development Ana Na. ! and Corpus Christi
Indostdal Demlopmeat Area No.2;umd
WHEREAS, in order to wad antis boundary bum, Ordnance Na.
reestablished the botanist of the had mess Mown as Cows Christi ladostdd Development
Ams No. I sad Comas CNN bulimia' Development Area No. 2 sad rased such Inas
"bdistdel Mut No. I end lutanist District No. 2",beta eolleadvaly egUS "Stunt
Distal end
WHEREAS,the CffY darns to snommege tire updstioa, oxplasks sod growth of indoseles
within said thdostrial Etherists,and Par Rh moss,deems to met into this Ahmenisat with the
COMPANY;sad
•
WHEREAS, the COMPANY desires to minimae its six limbo and avoid rgnla ton by the
CITY of the COMPANY'S anumues mid propane within mph Industrial Districts.
NOW,THEREFORE, in consideration of the premises, the mutual semen of the parties
humin contained and under the authority padd males Seaton41A44,Tem Local Oovemment
Code,and the Otdimnees of the City relined to above,the CRY and the COMPANY hereby
agree es lbSmvs:
Ankle 1
The an covenant and egress than during the mot
of this Apeman, mid subject to the tams and provisions had, the Land shell renin its
amdm modal taus as an lodlatrW District, and shell continue to renin this liens with and
unless the same is changed under the forma of this Agreement Except as Mein provided, the
CITY fluffier covenants and apea that the Land shell be immune from moesotioa during the
tam of thisAgiamat.
hilbalatabilahaggitlla COMPANY emanate end epees that dining the tam
hesmf,COMPANY wfii not use orpemdt the um ofthe Led mid fmptovemmn covered by this
Agreement Sxpwposes not included within the term'ndatry'."l thatrf us ad hada shall
mean per the same Modal uses to which the Land, or dmtdy Suited land within the
Menial Districts, is now devoted by the COMPANY or otter sand pates holding such
similarly situated Lod Holding the Lad and Improvements the Aire"industry"me,without
using wane 1br ore-kala by purposes,does not violate this paragraph.If the COMPANY lies,
or panda me of,the Lad and/or fern coveted by this Apuemat for mimosas not
included within the tam'Industrie u defined above,the payment in lint of tax to be pat by the
COMPANY under this Agreement shaft be ineresssd to an amount equal to one hundred pliant
(10016)of the.moat of ad valorem tams on Lal,lmpaveume,and personal property sited
on the Land that would of hawlm be payable to the CITY by the COMPANY if mid
Improvements were situated on land within the CITY limits of the CITY.The Increase doll be
immediately effective for all payments from die Inception of this Agreement and the
COMPANY shot haamtt to the CITY within sixty(60)days of being notified by the CITY of
the detmdmtico of a nm-idmry me,ubjra to the tutor provided 5 in Section 4.04,an
amount egadkuidonehmbed (100%)ofdvalormrues from the Inceptmofdiis
Amami,leu any paid,l p and interest as if the amounts were
dolinqums.at taxes The CITY he entitled to its attorneys'to and aha costs in collecting
any of these snot In addition, the CflY shill have the sight, In its sok and absolute
discretion: (I)to obtain an Wmotor from a court of competent jmidktan,upon the court's
damson that the me is not an Industry" use, requiring that the rose be permanently
dfomtmd,or(2)to annex the Lad coveted by this Agreement and until the Land L armed,
the COMPANY shell continue to make payments equal to mid one hmdrad perm(100!4)of
ad vale=tures.
•
- -
_ats. 1m weaeralm Cmetae. if my other ampmy wean the ems Tend
TtLdefm ofthe CITY Ids to e Wo m thdusiW DISS Apeeumt with the CITY or
deans on their In IS of In payments,and said dieting aompmy is not contiguous with the
CITY'S br ay,the COMPANY 511 sr the Q7y the COMPANY with'tidy
(60) days par em dor of bed to . - baemdm proceeding pelt the an'to
ammi a siker skip of bond out of theCO @AMY'S Lend foot the CRY'S b000drty to the
Sheri
sB bad to pee its mmntlm.inthe emdtheCIlYmostsane•pot of
tie bonkr ofmonad by third pude, the CRY willmx the Sable throat wet the�
popsdy*woodbythinpaths.thhe stbuofands ended mpa4' to
mobseri to
the twat of the COMPANY,moth we dull not bear ly wkle COMPANY
sod such enond property sell hove no right to any CRY riots n a mads of soh
anocatadoft nor be net
lied to. ($) govthe CITY erning d thaws=oldies of both Pink%of ttoe�bd e&
d aL Oohing or bombe code or odes, or(C)mempt61 b asdsb in any mercer
wherever)!an dm conduct ofCOMPANY'S burn dron.Sucher pardon of
dud she seer a pm of tide Apammt d she not be eat b CITY Inn but shell
coeurs to be included whin Oa in Use of tat pspamt. h tern tat the mod the an
sones-Sm ardor no longer era, lododiog bon not Wiled to the Mee cone
arodog Moan bdostdsl Dien Agamont,orbs met its chirping b Sean duo CITY
agrees to immediately acme Coy somution poems eaems salted to the seem condor over
the COMPANY'S Lsud,or within(60)days,,lute the app necessity to complete dimmaa ion
proceedings eked(*remove Som the alereaths any noneesaysmrWm aoidot
Dutbg the come plea*pine to this Ayer the CRY shall
hove no oblivion to extend b the fad any Milky or Or CRY saelan,rapt ttr reit
that are being provided to end paid fir by die COMPANY m de date lee or n otherwise
nerd bent
me protection mica the
COMPANY the option the COMPANY�mpayment tobsCTYaseat
forth
under Se 3A3 band
MIgg 1.66 Ceres with aft Riles and ,11a CITY and the COMPANY
agree that dabig the ren beim* with rpt to1 taf aad, the CITY ease not require
ampifma with its mien orreg ton t(I)governing a=gog and platting of the Lal,or any
Odeon thereto, ride the CRY Ikon d in m Laded throb provided, however,
COMPANY thither agrees that it will in no way divide the Lod or addition thereto without
Seine with Slits law and CiTY online pverdag revision of Inth(2)reins
a0' boiltg, ebaatai, Oohing or norm cods a eft or(3) p emthfag cry rubs
rein tg the method of opmdoe of COMPANY'S hoboes, rapt r b those loser
rang to the delivery of Witty scuba aid intern waste disposal though UrY-owned
paten 1.07 Ddleltlog`
A. may.As defined in the lreombb hereof and includes its successors and assigns.
B. ronmeggsganf,jaodouto, Physical construction(bctudbp, ata minimum,
excavation Air famduioos or the beginning of immWdon or cotton of
impovammk)at the primary site of the eligible prided has begat
C. 1n me prior to laniary 1.2015 and no Immo on a payment
scab or have completed the phase In sob set firth in Semon 3.01 B of the
Agiame t.
D. EiriatelkoldaiddIC.The mioempcmkd area that is contiguous to the
corporate boendedas of the City of Corpus Chem and that is located within five
miles of those Modules.
1Lasidegidtheggiatnigth Impovemets that are in care prior to haeary 1,2015
and were psalm almg through the eight yew phase in sale set final In the Prior
Industrial District Agreement.
F. /Dpmv.�r.v As defined in Section 1.01(3)of the Texas Tax Code,and St also
include power pnerstton(belittles,petroleum and/or chemical refining.PAF
abaci=or stooge fitutldes,amMmes,or mpipmat @rad on or affixed to the
land, mptd wo of the land ownership and pipdtms an, under, or amore the Lod
which me owned by COMPANY.Include Existing Improvements, Orandth eted
Improvements,In Posses ad New Iaprnemems.
d. ligthmouggrodagthad Impwvmmma sir whidh eombnetloo hes commenced,
but which ase not Planed in Use,prior to Jarmo 1,2015,or for which government
penults mated to the eoeskuctlon of an Bopovemat or the expansion of Editing
Impmvmuoa ban been hoed prior to January 1,2015,bre tic which temmctlon
Si not commence.
B.
lighiskijaaks The iadustdal districts crated prom( to Otis No.
s copy of which Is attached hereto as Exhibit C and ieoapmdad
basin by te&tace.
L Intflajdommo. An agreement made and mored Imo under the
authority of Section 42.044 of the Texas Local Government Code.
1. Lad. All of the not property owned, leased or possessed by COMPANY and
located within the Ldashial Districts and designated on Exhibit Aattached hereto.
IL lotuses Vahe.As detcadned and defined by NCAD.
•
L )(LAp,•The Nanus Coanty Applied Dinlat and idda is ancaaom and
asdpoe.
Md
fithalthathog.leiptoeemmt Pm which uo pvnnt peak has ben armored
end for Slab egad_ en he outoaomroedpriorkpwty•
1,7D13.
N. flignallgthL,.. mmtadudseoompla,sdeodPudelieandwenotlisted
byNCAD m ConeYu6don Within NOPE(CWW).
O. prior industrial bbbibAlMais fedwhtd Dieted Agamet by aid between
the CITY mid the C ANYffiateopbedDemmba31,2011,
Ardda3
thadim zal Term.The tont of this Agaaoet WW1 be lea WO Yew bedooi6 7emty 1,
2016,acid can hewing l Dsamber 31,2024,ml®terminated is thigh provided or extended
feStood mid orpwlodsoftimeuponmina mos& eCOMPANYandtheCRYas
provided by the Loral Owemmtiot Code irwilyd howler,if this APemm b am emended,
or mated with a similar mamma the provide Pm r adman period or pends of Us on
or before Muth 31 of the Bed aimder year of the been bataeP, Om the amity Som
aoomadm gaoadherein stall Wmitle on that day but ch other tams of Ms Appmant sbdl
amain in aEhd Ex the seieroftia peal provided,bmever.the Olean that orad limo of
moanadoo shell be on maths than'midnight ofMamba 31 ofth,111 mar ditto tam.
lithilthatitimigatuthTbi APmemt may b erigedd Por an addhioal period or
pilo&only bymitten a otancotberweantlmQTYadthecooker.
Article 3
Agana 3.01 Yalta In Ian of Ad Valorem Togs Each year dust{the am hmeo$ the
COMPANYabd1 payor the CITY:
A. Led. An mount to lion of'In on the Lmd (edudirm hopmvemma and passed
ptapmty bald themes) Rod to me *died paced(100%)of the Soot of ad
vain a bed upon the Mdet Vim of the fad which would otherwise he
parable to CITY by COMPANY Wee land trete added**this the Ct1'Y Boden.
B. Existing&r-.-- mm.M wait ht Om ofim m L L. .— i (extddig
thesouth Sat of
ad tam �b t Weed an the Land egad to othe-YOMSet vino old on half point a Edging
Imptovrmma which would ISMS be maks b the CRY by the COMPANY Weald
Heisting Imptomineith were singes on land within the cur limits.
•
•
C. Orandfathaed Improvements. If dim to Away I, 2015, the COMPANY was
proposing throes the eight y26 p in use eat iib in the Prior Iodtmfal District
Agreement,Wen the amount of In Bat of to payments on Chaodfatbaad faprovemeab
(excluding petraadportly)ShagbephasedinasMows;
Yratrne Yr Iof Yrs of Yr Id neat Yr3 of Yr6t » y or Yr II or Yrs at Yr 10 of
6 W Can Mein CbOee Omura Oa Peed timet Cosi One Cann
Le m 62.5% 62.5% 62.5% 62.5% 623% 62.5% 62.5% am 623% a5%
26D7 58% 62.5% 624% 62.5% 623% 62.5% 62.5% 62.5% 62.5% 62.5%
2* 50% 58% 62.5% 625% 623% 623% -62.5% 623% 625% 62.5%
2609 42% 50% 38% 624% 623% 62.556 ' 623% 623% 62.5% 625%
2610 34% 42% 50% ' 50% 623% 6233c 62.5% 62.5% 62.5% 62.5%
261r 26% 34% 42% 50% 5896 62.5% 62.5% 62.5% 625% 62.5%
2612 19% 26% 34% 42% 50% 31% 629% 62.5% 624% 62.5%
3013 12% 19% 26% 34% '42% 50% 58% 623% 62.5% 62.5%
2614 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5%
•
D. In-Pensees Impmvommts.If prior to Janoery I,2015,the COMPANY has In•Pmpen
Improvements, the COMPANY may, at its option, ekoae to have the b lieu of tax
payment&said In-Progress Improvements Pined in as shown in Section 3.01 C above,
or as In Section 3.01 B below.No later than January I,2015,COMPANY shall elect an
option end most present the City with dommadslon of prrmmxmt penult or proof of
Common ement a:Construction.
E. New Improvement With respect b any New Improvements,thein lieu of tax payment
shill be Posed in as tidbit 8or die first lbw yeses aftut lb.New Improvement is Placed
in Use,the COMPANY&A pay on in lien of ten payment to the sty for ndd New
hmpovamms Commencing with the Edb calendar per miter the New Improvement is
Placed in Use,the in lien of to payment shall be equal to sbdy two and one half pentane
(625%).The first yen of use LWpurposes oft6is New Improvements payment shall be
deemed to begin on the that day of Jamey hollowing the dab when the New
Improvements am Placed In Use.
F. With respect to my new land acquired by the COMPANY bated within an Indust&
District.the me of which reale directly to the pinery use of the parent tract,the new
Ind shat be Winded in the COMPANY'S had known se the Land, and Shag be
considered in admitting the b lien of tat payment on the Land as of Jammy 1 of the
Bat yar Ibllowbg the dab which the new land is segulred by the COMPANY.Within
ninety days en the aoqutWn of new land by the COMPANY,the COMPANY
shall provide the CITY with a revised Exhibit A that Soda a complete tiding by
NCADOenppddc ID ntnborofthe newly acquired land.
O. With repeat bray new lend awaked by the COMPANY after/snout'1,2013,bad
within the HmTadmda!Madea ofS C1TY,the ase of which does not tdam to
the prtmny ws tithe parent haat,the COMPANY than report rah passe to the
CITY and the QTY obelbdmmh es whether an lodarotel DWtm Agreement is dadad
brach newly ahxpieed led.
kap 3.82 teats- Bsladde of Vim. On or befar Au at 31 of tach per of this
Apemen, or mon anal detemdunt . of Medan Yea by NCAD, whio6war is roar, the
COMPANY shall provide to the CITY as itemized Wade of Vales by pun affidavit,on the
bare Mead bosso as Exhibit B,Ram en NCAD OeoSaphte ID ohm ed the-acus
rind thereto, and twig tU Lad ad fmpaovwmu, owned ot enonUd by the
COMPANY iedndkL ad idaotlyleg the popmty to be valued as p t of this Arena(the
Ilebecinkr).The Rada*I also Bst the hoprovemmis were Placed In Use. Ibe
COMPANY m ugirton to the CITY'Sof ell lams, htibmdm,and dec ants
provided by the COMPANY to NCAD and,in the event steppe*the Appall Review Bond.
FafiumtoprovhktheBeheadshoteWYthen crematorabeech eats Arena.
Allaglinalasilialguagkg. N dsteeerleiog the COMPANY'S etanel to Uen of rex
*meet mhaid oder anthis Asuman,the aladationtltdlbemd .jr
ednhgtheMadamValue
vid
Improvements rdaYmmedbyNCAD,orbs■mw®pr,*sr provisions ofthe
Tar Prepay Tax Code. The COMPANY sea timely provide inthnmtlm and am
rsgh3d under this Alpena and herder Tay lees, rates and maims to NCAD or its
alga,so tort him appraisal poems an be completed to ahswntence with d applkebb state
hare.
pee*3.M Ceara Precut of Yea or Mg If the COMPANY ekate to protest the
nation an an lay DIM papesdes by?CAD for dodos the tem hereof itis
ade the pole*and the CO2IPANY dal have
theme*to�hlIIeSdstepsdsabdmin Ids Agrannont atease the sae es if the palmy wen boated widen
the QTY,wept with aped to the exempla in Semon 306 babes The COMPANY elan
non&the QTY of its spell withht 30 days Oa its peat of the wham h submitted to
NAD.
Notwithstandbg soy poles of webbed=by the COMPANY or any nm NCAD mkmd Whig
dbpte.the COMPANY agrees*polo the CITY an iLUkl Ingo dtapaymen,ane before
the Dns Date la Semhn 3.07 below, bused on the noon bind by the QTY. When the
volution oa said patty or my billing disphtebr been finally damanted,either es thetratt
ofWIldintessot of acantofemgeMnjmhdbtkn ratherrdtofotherfindaetkmand
the aoetrovasy,Si whim Waif(30)drys thereafter.the COMPANY shell ads to the CRY
anysdditaanlpayment*based anthefind.'.J— 'on.*rtetaaftoflinljudgmenofa
ant of--r'— $isdIdIoui,or as molt of awl*settlement of the wnummq,the
amount of In Sao of tex paned due to the CRY is mbilahol to be an noon Ire than the
amount of the hal to as of tot payment ter that yen ad by the COMPANY,the excess in
Neu oftex payola Nam,collected by the CITY shell be maned to COMPANY within thirty
•
.
(30)days after said teal determination,Any non?MAD Meted billing disputes dell be resolved
by the CRY withlu uiney(90)dap tom the date notice of the dbpute is resolved bythe CITY.
An addbimal amount Sr shy fire probed= equal to fifteen
paint (15%) of the amount which would be payable on 100% of Madmt Value of
Improvements located on the lad will be paid anoallyt provided,Mover,this if and as long
a the COMPANY,as ofhairy 1 ofeach year,bamember ingood aaodijjWawa'
Terminal Fite Company,or is a mesion or the COMPANY epees to paide the pmtsodm
and unarm services either from a qualified adaoal pmvWet or by me of a qualified internal
emergency sapome agaotatioo,it dell not be obligated to pay the additional amount provided
by this Seethe 3.05.Minimum qualification would include meeting Mt students a defined
by ypJinbb OSHA,sate regulatory and NFPA Standards that imply to fm omtr4 emergency
mwpmunl,disaster planning and mew saviaa es aecopdud by die Tama Snail The
Teething Said,the State Firemen's end Fie Marshal's Association of'Dams or equivalent.The ,
COMPANY wig provide equipment, training, and fiollitla mammy to homy handle all
expand emergencies and properly protea the CoWMW and the amtamity Rom the advent
Mots of en indmnW disaster,which obligation may be satisfied by the COMPANY being a
member Inpod standing of the RMceryTomlmlFireCo many,orlamama(Caleulatioa:
Mmbet Value of Impioviwals x 15%x City tax Rats Fire Prolection Pee)
patine 3.16 CNeethgea of Amount Dug.The CITY shall mall an invoice to the COMPANY,
which sets Poral the as of payment in lieu of tax owed to the City ealmbted in aaadma
with this Mumma Sud:invoice shall be posmark d at bast thirty(30)days prior to the Due
Date defined hr Sentim 3.07 below,and shall be mailed be the addhaa shown in Section 10.03 of
this Agreement.The alcdaton sial be made without tame to the exemption For pollegan
control property In Sadm 11.31,Tease Property Tex Code,and Mick VM,Section 1-I,Thom
Caatlmim,u same presently mint or may M betaSet emended,using the Market Value of
pollution mmtol equipment ceiMed by NCAD.Its eddition,all the mounts shag be calculated
without reference to any new ax exemption ahoy increase in an existing hot exemption mated
idler army 1.1995.
The COMPANY span to pay to the CITY on or byre Meaty 31 of
the year following eac h year dudes the tem hereof(the"Dun Dais"),all payments in lien of tax
provided fin hammier and Invoked by the CITY in sceodance with Section 3.06 above,
without dbeonnt for ady peymmt The present ratio of ad valor ax assessment mad by the
CITY Is one hundred patent(100%)of the?dirket Value of minty.My otiose In the ado
mad by the CITY shall be reacted in any subaqumt computations hereunder.This Mittman,
and the method of thitermlning and fixing the amain of is Ser eta payments haamda,shall
be subject to all provisions of law relating to demrninstlm of Maim Value and Melon,
including,big not limited to,laws relating to reeodWm,assessment,equalization and appeal.Any
invoiced amounts that w not path by the Dee Date shall be comidmed delinquent.Delhapmt
anima shall be immediemy subject to interest M twelve (12%) per mum, compounded
monthly and the COMPANY shall reimburse the CITY for is cops of collections, including
mesonable attorneys'fres.
•
Ardek4
•
fico 491 Commas Its tot e r Nibs OOMPANYIldh to mob a
moon doe bOwam
mCTYhdere[ifdbpad=miy
wCM@ANYSmoiror*Woo
ineimbeot cos the COMPANY b b pardamed hemender, ltd if aids delimit is not(Sty
ooheerd wham drty (60) days ado the CITY gives written natio of mid def alt to to
COMPANY (er, if width Moi 60 day peeled, the COMPANY leu not demombWed-a
aaddiolosyldan dcamphors appmedby the CITY Odom oonitlkaee mquhm more tan 60
Ikon the qty dell have 1Maapdam to abhor (1) Milan this Apeomese imitated and
immedhttdy co-mo"os goad-- pmmedtop red a"o to recover sal dmoh- (2) WS
COhPANYsd see torecover 100%ofdi hales that the CITY would bore medvd tom the
COMPANY Wit hod been within the CITY US otitis MSS WON eta tam,0141234'
Aug ad amt mor, a (3) caution Mk Apeeaem for Its tem and colla the promote
mitred imienader.
pain- at ja Tb CITY mho be edited to and haus a tat ten an the land and
(option al MM may,in the Vita MESS IA papist*Taw am doe haraSar that Is
mot mod In socontoce with Section 4.04 below,be nttced by a1Y h the suns=SOX U
by law mad Ow the colleetbn of dammed ad micsam mem
the CITY
Ma be b and have oaMdrd lad end cadre nay be
freeload In We out of ea h mond Sank(1)Jodidally or(2)extewiodleidly in the mme
moheras a deed often under Tem pmpety Code;sod for that papas mayappoint a tote
amrai.
AssINSSISagslip Hoe CITY beim this Asse amt by aamxist or Moping to
pm a¢adimes snowing any of Wes Lad(most with mdbmaas to the aped aim athb
anthem in Maim 1.03),the COMPANY art he Sided to @Oak to CITY tom the dam of
its breech kr the balance of dm bum of this Aflame* Arm misdog any smswation
adman adopted in middies of thb Agreement and lam tidos any&See action io station
ofthis Asremeal.If dm COMPANY alert to pupae this heady,thea m lag as the CITY
moat* parkas its obligation 6waendey "odor tti"otthe Mer or otherwise, the
COMPANY 511 wtomdathemmolpa mmtaregmladbythisApeemeer.
4.0d Nat of gals� �costal,coardned Stab; b
mweoy COMPANY anything is
Ape ,
the CITY ark sac the COMPANY wdnes nodes gekylns the ohne of to alleged data%
and manor in whish the aged dotal may bemtistota Cly mod.Theater,the COMPANY
will balloted itty(60)Sys widen whisks can to abepd default(or.Wawa aquae more
then 60 days, the COMPANY Ml bare to fight b demonetise,a aadstoay plan of one
rby the COY within malt 60 days,which shell h donned be he a an so log as the
NY k dOlpmdy i---'-s mi plan).
The remedies provided heron w cumulative,noes is in
IIw ohm/other,and any one or more or combination of the same is evadable.Each pasty,in
addition to remnant eapmmiy provided heat M entitled to any and all other remedies available
at law or In equity.
filllfiftlidralSallfiSLALEMMLIIIIESWES it is saw*maimtood that Wet may time
the COMPANY is In Molt in shy provision of this Apanwy the Mites on the pert of the
CITY to promptly avail half of the rights and maga that the CRY may have,will not be
aoddated a waiver on the part tithe CITY(provided that if the CRY within tan(10) years
from the date of any tall by the COMPANY,does not avail itself of the sights or remedies or
elect to tattle this Aps on account of such thank then each daub is deemed
waived
Fade;4 mcpamly understood that Wit any time the CITY is in dehdt in any ptovidw of this
Agreement,the Sihue COI the pan of the COMPANY to promptly wsii itself of the rights and
remedies that the COMPANY may have,will not be cantina a waiver on the pat of the
COMPANY;provided that if the COMPANY within No(l0)yaws Som the d*of any dekolt
by the CITY,does not avail Itself tithe rights or remedies or elect to!names this Agreement
on account Mach delimit,then snob detains deemed waived.
plan 4S7 Matta' of LlshSlty. To the fu lest exam permitted by law, ad not
withstanding any other provision of this Agrament,in no event will either party be habit to the
cher p rty b.ceder for punitive, exemplary, or indirect damps, lost profits or boldness
imamtptions damapw,provided however,this limitation In not meat to limit the CRY'S rights
under this Agreement to collect from the COMPANY may unpaid in Net of at payments, late
penalties and Intelsat aaoWtd thmewhh,and any casts of collection Including bat not limited
to away fns
Article S
raetlea 3A1 n__.' "sem of Proealy.The COMPANY epee W provide the MY with a
listing of Geographic iD Dambua as available Som NCAD or Its successor, to be attached
berm and ioeapmaadd herein as Exhibit A. With respect to COMPANY'S scgsidtlon of new
land,a dadbd in Soda 3.01 F,which becomes included la the Land,COMPANY epees to
provide to CITY a list ng of Geographic ID ambers as available Soni NCAD or its snasser.
Article 6
BStdss 6M1 Annaton By Another Faalt.If any ataatp to sea sty of the Lad owned,
used,amupld,Mored,mord or pounced by COMPANY,Is made by another municipality,or
if the Marpaatlw of soy new mmicapdhy should attempt to include within its Twits the Lad
orproperty,the CDT shall link s Impomtyad permanent hdactw spinet the wanton or
Narpada, with the cooperation of the COMPANY,and shall Ste any other bpi action
necessary or advisable =der the akwmetaas The cost of the legal action shad be home
•
•
equally by the lodes hereto;Nodded,however,the bre of we swill illi mend shell be
pdd by the perW statdai some.
If the CITY sod the COMPANY as omsemw1W in chidden a
omposy*modem eq oiniag the Wempied smoothes or bempora1m dadbd in Section
6.01 above,the COtdPANYshall have the. roof(I)YeabedngthisApsenwt,albmlveas
of Poe dem of the anent or imotpou6m, or(4)emdmdss b melte the in ilea of Mc
ptymant rewired hmamdac Ibis option shag be amebed wait thhty 00) days der the
application 1w the eempm.,Mimed.'is denied.If the COMPANY dime to coa=the in
lien ohm ppaab the CITY shat1 plies Mime peymam beam.*together with pat tithe
payment Meths mender year in which the amaadon or mncmpmaino b attempted,prorated m
dm dm the tompmryy igimatanC n womb i escrow
seem which shashallbeheld by
A. If Bol judgment (dor ell eppe0ab twimr, if ob ha bean Sawed) is owed
denying n paoneom hdnmdon eadfor upholding die amta1__or beopaSloq then
ell thesepaymals ad amend inmost thereon shall be mdmded to the COMPANY;or
B. If dad Judgment (after all appellate review. if Nay, has been nflaMd) is entered
grmding a pamienent Woolsad/orSWAM,the ammn4amoebotpomdmr*en
dthe payments and evertedbored theeontihatthaSeinedformebytheCMTY.
ArticI.7
gerrtem yet lett err r.aans. Menem the OD1reANY alb all ore pardon of the Lead or
Impmvemate to anymdythe is not an Mbar of the Conway,mese soh affiliate will be
eapoos ble brpgm=hsmtader,the COMPANY shall witldn ninety(910 days jbw nodes m
the CITY of aid salt, and this Agement AM continue in efko as to t Lod and
btpmvamrb said. If COWAN? sails only a pot of the Land or Ymparemmw, the
COMPANY obit Jinni*to the air a waked'Nab A dilative sr the mender year sat
bllowbg the esian8r year in width We amvgmMI emend If the COMPANY oma all or a
portio of the Land orlmprovemma to an qtly than will be remoulds br payment hereunder,
the COMPANY doll within deny(90)dap jive nodes to the air ofmid bane,and this
Ajaemant die condos in OM a w all Land and lmptowmam based
bikes 9.01 Comma Rwn*PoBU,fav Pgs.The COMPANY a seller or lessor in a
basset poem"
to 8emian T.01 above,IMO remit mldy tapomible for my payout in
Ban Mtn aSdabie to the Land or Imporemeab sold or lased mire be COMPANY ban
unwed into an asdjennmt wit ammptba opermem with the boyar or odes of soh Land w
Impmvemenb,which shall be aosased b by the CITY.in which the layer or"ewe NUMMI
all raepomthtlbla and obftptions miler thin Agmement a m the palmed or lased Land
eaaieri=ponmett
IngalaSS This Apamem may be aimed by the COMPANY. If Ks
Agreement b assigned,the COMPANY shall net*the an of stab assignment within thirty
OM dirk
•
Article S
Section UI In This Agmemant dull loan to the benefit dead be bioding upon the
CITY and the COMPANY, and shell imue to the benefit of and be binding upon the
COMPANY'S suasion end sedges,affiliates and subsid(edee,and,dated to Section 7.02,
shag meals in hce wkher the COMPANY sells,suits,or in any other reamer disposes of,
either cabana),or by opengoes of law,all or soy part of the Lend,sod the epaments herein
contained doll be held to be comma=dog with the Lad for so long a this Armand or
any extension thereof realm in ties.The word"dgWes"a used herein shag mem:(1)all
companies with coped to which the COMPANY directly or indirectly, tough one or comm
Wpmedtaries et the time in mutation, owns or hes the power to mdse control over fifty
pdemtOOA)or more oft:stook bating the right to vote for the elation of dilatant or(2)all
=potions (or other entities) amaogtl by or coda common control with the Company as
motel by Section 1239(a)tithe Imeoml Remus Code of 1934,as amended.
Article 9
Melte 9.11 Rev Lei(. COMPANY shall use tasonabie efibrk to acquire all of its
paumesde, Sliding,but not limited to, supplies, metedde, a pdpmant, savior embeds,
construction contrects, and luoSmdmel services contracts from bunkum located within
Nimes and San Pskido Counties, mime melt procurements an not •--My and
competitively available withI aid um COMPANY shall not be malted to maintain records
regarding this requitement other than those normally kept in its usual comm of Imine nt
Ms-a.amilitusliguint. COMPANY acknowledges that the CITY provides •
legions'water system the is critical to the well-being and economic growth of the entire dee
and that it k important kir each customer to continue to use the mem as its principal source of
water.COMPANY agrees to prat At months wdttem nodes of sem most or action to obtain
mote than ten paean(10%)of its total water needs from any source other than the CRY.
Ankle 10
$eetlon 10.01 SevaebMv.in the event any word,phrase,dame,sentence,Imlegrapb,section.
article or other pat of this Agrees m t or the spoliation thereof to any person,flim,corporation
or dtdmWmces shall ever be held by soy court of competed ju edddien to be invalid or
uoeonsthadow for any mason, then the application, invalidity err mcmNmimality of the
word,phrases dame,sentence,pngaph,section,aide or oter part of IS Agzanut Sit be
deemed to be Indepeudw of and separable gum the remainder of this Agreement end the
condo of the ramdobag perk ofibis Agreement shag not be_ - "thereby.
IsibanfilAignamins This Aponte condones the cadre spooned of the pages
end supersede any and all prior mdmmodiop, or oral or written agreements, between the
parties impeding ma subject except es otherwise
regretted besdo.This Agreement maymaprovided
be amended only by wrings Instrument signed instilment
the penis haso.
•
— , _
ism r-- Any notice to the compiery or the OTT ooncorrdng the mints to
which this Agreement edMes may begins writing by registened er certified meg addressed to
the COMPANY or tbe CITY it the appropdste respective oddment est Mt below. The
COMPANY most not*the CITY or deep Maddens in vidting.Node=bye subtle the
other pry hereto,dull be aged or&limed is%Wm
To Say:
It Amid LOS.
City Mum
City ofilmus aided .
L101 Leopaid
P.CL Box=
OxposOeleti,Thess 73469-9277
Phone:361480•3220
Fox 361-120-3M9
TVIM capitate:
City drew'ChditiatyBeaway
1201 TJ
Ben 9277
Cotproileti,Thear 704134277
Telephoom 3614103105
hit 36I4203113
ChyoltarposChried•City Attorney
1201'apsed
P.O.Box 0277
Cis Chdedatine 11469-9277
Telephone 361-8110-3361
Pm 361480-3239
Nto Company:
with copy to:
been NW Gana Law. This Agreement doll be govaned by ad oonsimed in
iccordenee with the laws of the State of Tan The Agreement is to be petthemed in Names
Cowin Taxa
•
ImiggIMAgnonsig, Agreement maybe executed in multiple catedemorts,each of
Mich is deemed se SOS,sod ell of which teen together,shell orentitme hat one ad the
sante taw,which may be r ' i,evideeeed by one counterpart
llgelhgataggimag.By acceptemn of this Agmermat endlor bout conitered bereender,
mob party remesonts end wends le that that Its undemigned agents have complete and
mmeddcted authority to enter into this Agreement and to obdpte and Mod suds patty to all of
the tame,covamsad ccoditions combed basin.
Asiallliagetheragagligth If CITY atm Into a new industrial Dhidet Apammt,
ors renewal ofsoy industrial Disodde Agreement,with a Imdowmr which maim io Iim of tax
payment tams sod ravish= mote &vonble to the landowner than those in this Agreement,
COMPANY and its sssps shall have the right to either laminate this Apemen orammd this
Apsemdn to contain the mote Avomble to lieu of In payment tesme and provisions.
"Godormar shall not Slade any murtt$nlated liminess or*Aides wider Section 42044,
Tastes Lord Government Cade.
The Seagoing does not greohok the CRY Som entering into a onetime,economic development
agreement with any new major employer within the City's no imptstdd district En or with
ay company ptoposiog■anger new iovesonmrt within the ales non4ndmhal district En,as
pad oldie CRY'S economic development program.
E7aasrrA
tirpgbk ID Nadia Ballpoint By
Name Canty Appedd SISSY
•
BITB
tithed ale of Value
Y70Dmrf C
CV Orem
Cathy bimtrW DOtrktr
Corpus Christi Office PORTEII.ROGERSKevin C.CamilaOne Shoreliro Plaza Direct Number:(361)8845684
800 N.Shoreline nI �A� Fax:(361)1180-5844
Suite 6005 ]�htitasbassiewponake/f`//��/���-(nJGORDON, Email:keomW®prdsco
Corpus Christi,Texas 78401 www.prdAVAlkimego gtlato
Austin♦Corpus Christi 1 San Antonio
\csJune 16,2015 �..?t'S 111*192p� RECEIVED
;NN 2015 JUN 17 20i5
Mr. Ronald L.Olson o RECEIVED �YAfa
City Manager lEOAL Office
City of Corpus Christi ` DEPT. V
1201 Leopard '9S .Z k
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Re: PPG Industries,IncJlndustrial District Agreement No. 10
Dear Mr.Olson:
Enclosed you will find an original version of Industrial District Agreement No. 10 executed by
PPG Industries,Inc. on June 9,2015.
Please be advised that the description of the property owned by PPG Industries,Inc. is subject
to change pending a resurvey of the boundaries of the property. The resurvey of the property has been
delayed due the heavy rains in the area over the last few months, but is expected to commence as soon
as the weather permits.
Please feel free to contact me with any questions or comments.
Best regards,
PORT�ER,RROGERS,DARLMAN&GORDON,P.C.
' V
Kevin C.Cazalas
KCGbj
Enclosure
\\prdgfrceWera\PPO Industries.Ioc\Pon of Corpus ChristaCORR10416-15 Olson 001 end!Naiad=
xc: Mr.Thomas L.Butera Via Email:thomas.butera@bipc.com
Senior Attorney
Buchanan Ingersoll Rooney PC
Mr.Don Petrella Via Email: doetrella@ooe.eom
PPG Industries,INC.
Mr.Ronald L. Olson PORIER•ROOERS
City Manager
Page 2
June 16,2015
xc: Mr.Matt Risky Via Email: MilesR1 cctexas.com
City of Corpus Christi-City Attorney
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Ms.Rebecca Huerta Via Email:rebeccah@cctexas.com
City of Corpus Christi-City Secretary
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277