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HomeMy WebLinkAboutC2017-341 - 5/25/2017 - NA • nf:pc_T 2017023221 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This deferment agreement("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and CST USA Stores, LLC, a Delaware Limited Liability Company("Developer"), in order to defer the completion of certain required public improvements prior to recording the final plat of 2.271 Acres of land out of Lot 4, Section 4, Bohemian Colony Lands, also known as Lexington Center Unit 2 Block 1, Lot 1, Corpus Christi, Nueces County, Texas (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. WHEREAS, the Developer is obligated under Section 8.1 of the Unified Development Code ("UDC") to construct the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ("City Engineer"); WHEREAS, the Developer is seeking to delay the construction of the required public improvements ("Deferred Improvements") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat filed immediately and recorded with the County Clerk of Nueces County, Texas; WHEREAS, in order to have the Plat filed and recorded prior to completion of the Deferred Improvements, the Developer agrees to deposit with the City a form of pre- approved financial security authorized by Section 3.30.1 of the UDC in the amount of four hundred forty thousand one hundred ninety four dollars and sixty one cents, $440,194.61, representing 110% of the estimated cost of constructing the Deferred Improvements as shown in the cost estimate, which cost estimate is attached and incorporated by reference into this Agreement as Exhibit 3; WHEREAS, by signing this Agreement, the Developer represents that water and wastewater services are currently available to serve the subdivision; WHEREAS, by signing this Agreement, the Developer represents that they have completed all other subdivision and platting requirements under the UDC including required park dedications; WHEREAS, by signing this Agreement, the Developer represents that they have executed all park deferment agreements, maintenance agreements, and all special covenants required under the UDC, in accordance with the UDC; WHEREAS, the Developer is entering into this Agreement pursuant to Section 8.1.10 of the UDC in order to defer construction and record the final Plat. - • - A•.. 4 C' T i ISA Stores,LLC,Lexington Center,Unit 2 Block 1 Lot 1 Page 1 of 8 2017-341 agreement Template Version 1.0 4.21.16 5/25/17 CST USA Stores LLC INDEXED • NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. The preamble to this Agreement is substantive content in this Agreement and upon which all parties to this Agreement have relied and will continue to rely during the term of this Agreement. 2. In consideration of the Developer's request to enter into this Agreement and the posting of approved financial security, and in consideration of Developers representations in the preamble to this Agreement, the City agrees to waive the requirement that construction of the Deferred Improvements be completed before the final Plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, and City further agrees to allow the Developer to delay construction of the Deferred Improvements up to the expiration of the time period stated in paragraph 26 of this Agreement. 3. As a condition precedent to the City's obligations under this Agreement, the Developer must deposit with the City four hundred forty thousand one hundred ninety four dollars and sixty one cents, $440,194.61, as a form of financial security authorized in Section 3.30.1 of the UDC, upon execution of this Agreement. The financial security must provide for 110% of the estimated cost of constructing the required Deferred Improvements, as those costs are shown in Exhibit 3. 4. If a letter of credit is utilized as financial security under this Agreement, the content of the irrevocable letter of credit must be pre-approved by the City's Director of Financial Services ("Finance Director")and City Attorney, be issued by a banking institution having a local branch office within the State of Texas (Corpus Christi location preferred), be valid for a period of twelve (12) months from the date of issuance or longer, such date being the same as the date of this Agreement, and containing the terms of Exhibit 4. 5. If the form of financial security is a letter of credit, the Developer must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developer before expiration under the terms outlined in Exhibit 4. If timely renewal is not received by the City under those terms, or cash in lieu thereof is not deposited as financial security with the City, the City may, after thirty(30)days prior written notice to the Developer, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted by the Developer for this Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called nor shall the City be liable to the Developer for the accrual or payment of interest on any type of financial security posted by the Developer pursuant to this Agreement. 6. In accordance with the provisions set out in Section 3.30.1 of the UDC, as it may be amended, the City may accept other types of financial guarantees for deferment agreements subject to the approval of the Finance Director and the Deferment Agmt CST USA Stores, LLC,Lexington Center, Unit 2 Block 1 Lot 1 Page 2 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 City Attorney. In the event the Developer desires to use, and the City agrees to accept, an alternate form of financial guarantee other than a cash deposit or an irrevocable letter of credit as security for this Agreement, such other security- specific financial guarantee's terms and conditions pertaining to issuance, redemption, restrictions, limitations, and must be made subject to this Agreement shall be as further set out in the addendum attached to this Agreement, the content of which is incorporated by reference into this Agreement as "Addendum A." The parties agree that, should there be, by the attachment and incorporation of Addendum A to this Agreement, any conflict in the terms, conditions, or requirements stated in this Agreement(including its exhibits) and Addendum A, the provisions of Addendum A take precedence and prevail over conflicting terms in the Agreement and its exhibits. All other provisions in the Agreement (and its exhibits) not in conflict with Addendum A control otherwise by agreement of the parties. 7. Unless otherwise stated in this Agreement, any notice required or permitted to be given by either party shall be in writing and must be given by personal delivery, fax, or certified mail, return receipt requested, postage prepaid, and notice is deemed sufficiently given if addressed to the appropriate party at the address shown for the party in the signature block of this Agreement or faxed to the fax phone number shown in the signature block for the party. Any party may, by notice to the other in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes. 8. Time is of the essence in the performance of this Agreement. 9. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements. 10. The Developer shall construct the Deferred Improvements in accordance with the City's engineering standards in effect at the time of construction and in accordance with the construction drawings approved by the City departments pursuant to the paragraph above. 11. Upon completion of the Deferred Improvements by the Developer as verified by the Assistant City Manager and Director of Development Services and within the time period stated in paragraph 26 of this Agreement, acceptance of the Deferred Improvements by the City Engineer, and compliance by the Developer with the remaining terms of the Agreement, the City Engineer shall: a. Immediately release the Developer from the need to maintain the letter of credit by mailing a release letter to Developer at the address shown above Developers' signature lines in this Agreement; or b. Return to the Developer within sixty(60) days of the completion of the construction of the Deferred Improvements and settlement of the actual construction costs, or within sixty (60) days of acceptance of the Deferred Deferment Agmt CST USA Stores, LLC,Lexington Center, Unit 2 Block 1 Lot 1 Page 3 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 • Improvements by the City, whichever is later, any balance remaining of all monies received by the City from the Developer. 12. If the Developer has not begun construction of the Deferred Improvements at least thirty (30) days prior to the date stated in paragraph 26 of this Agreement, the Developers agree that the City, after notice in writing to the Developer, may accelerate payment or performance or require additional financial security when the City deems itself at risk as to the prospect of performance or payment based on a demonstrated reasonable basis. In addition, if the Developer defaults and fail to deposit any increased security after notice and an opportunity to cure, the City may transfer the cash funds received or call (redeem)the letter of credit and transfer the funds (if the financial security provided was in the form of a letter of credit) to the appropriate City account, and the City may begin completion of the construction of the Deferred Improvements. If City constructs all or any part of the required Deferred Improvements, the Developer shall reimburse the City for any additional costs related to completion of the Deferred Improvements within thirty(30)days after the City completes the required Deferred Improvements and invoices the Developer if the funds on account prove inadequate for the City to complete the Deferred Improvements. 13. In accordance with Section 8.1.10.B of the UDC, an increase in financial security from the Developer may be required on an annual basis if the City deems itself, in the sole discretion of the City, insecure as to the prospect of payment or performance on a demonstrated reasonable basis or it reasonably determines that the financial security does not provide for 110% coverage of the estimated construction costs. 14. The City and Developer agree that, if the Developer formally vacates the current Plat with approval of the Planning Commission prior to the deadline for completion of construction of the Deferred Improvements, any money received by the City from the Developers remaining on deposit will be released and immediately returned to the Developer. 15. If Developer defaults in any of their covenants or obligations under this Agreement [excluding failure to timely renew a letter of credit, post additional security, or as may be made applicable by Addendum A, for which the default provisions are separately addressed in this document], the City Engineer shall send written notice to the Developer[and may send notice to the Developer's project engineer("Project Engineer"), if such address is known by the City] by certified mail, return receipt requested, advising the Developer of the default and giving the Developer thirty(30) days from date of receipt of the notice letter to cure the default. If the Developer fails to cure the default after receipt of notice and opportunity to cure, the City Engineer may transfer any funds received to the appropriate fund of the City in order to complete the Deferred Improvements. In the event there are any funds received by the City from the Developer remaining after the City has completed construction of the Deferred Improvements, the excess funds will be refunded to the Developer within sixty(60) days of the Deferment Agmt CST USA Stores, LLC, Lexington Center,Unit 2 Block 1 Lot 1 Page 4 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 completion of construction of the Deferred Improvements and settlement of the actual construction costs. 16. The City reserves the right not to issue certificates of occupancy for all or any portion of the real property that is the subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 17. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 18. By execution of this Agreement, the Developer covenant to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land. The City, at the Developer's expense, shall file for record this Agreement in the official public records of Nueces County. 19. With the exception of Addendum A made applicable pursuant to paragraph 6, no changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 20. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 21. The Developer shall, in compliance with Section 2-349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 5, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. 22. The Developer shall comply with all federal, State, and local laws, regulations, and rules applicable to performance of this Agreement. 23. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. Deferment Agmt CST USA Stores, LLC,Lexington Center, Unit 2 Block 1 Lot 1 Page 5 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 24. Strict performance of the provisions of this Agreement by the Developer is required by the City as a condition of this Agreement. The Developer specifically acknowledge and agree that failure by the Developer to adhere or comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. 25. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 26. This Agreement is to be executed in One Original, of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer and their successors and assigns from and after the date the Agreement has been executed by all signatories. This Agreement terminates 12 months from the date executed by the last party signing this Agreement. (EXECUTION PAGES FOLLOW) Deferment Agmt CST USA Stores, LLC, Lexington Center, Unit 2 Block 1 Lot 1 Page 6 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 • EXECUTED IN ONE ORIGINAL and made effective this day of , 20 CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax Si.►.ture inted Name: 5 itjv ••y 45 Title: Assistant City Manager, or Designee THE STATE OF TEXAS § COUNTY OF NUECES § C� Th�nstrument "was acknowledged before me on / 2/9tj �j5. , 201?y �UL1 V Y/M R5 , %A-1-6---Riot i!1-Ecra (title) for the City of Corpus Christi, Texas. O (‘-AS ��j] /fes KENE D SAPENTER Ee'I' ti' ' ��/174; MY Commission Expires October 15,2017 Notary Public's Signa re APPROVED AS A STANDARD FORM LEGAL DOCUMENT: 11/4'/ , 20 17. CITY ATTORNEY "(ili'lj\ 61/VA' Signature Printed Name: r C 1( 15,;( Title: Assistant City Attorney Deferment Agmt CST USA Stores, LLC,Lexington Center, Unit 2 Block 1 Lot 1 Page 7 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 DEVELOPER: CST USA Stores, LLC, a Delaware Limited Liability Company 19500 Bulverde Rd. Suite 100 San Antonio, Texas 78259 Office Numb 1 210-692-2607 • '' :/ �' Si• ►:jure Printed Name: John E. Reinhart Title: Vice President Date: May 18, 2017 STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on May 18 20 17 by John E. Reinhart , Vice President (title) of CST USA Stores, LLC, a Delaware Limited Liability Company, on behalf of said Limited Liability - •mpany. „Iyy,,,e EVELYN L.OEFINGER 2°�\Lo Notary Public �r ��410 � * STATE OF TEXAS i►, My Comm.Exp.02127!2019 NotaWI •ignature of ioa 1os494s-5 Nota Attached and incorporated by reference into this Agreement: Exhibit 1 – Plat (X pages) Exhibit 2 – Required Public Improvements (X pages) Exhibit 3 – Cost Estimate (X pages) Exhibit 4—Copy of Financial Security Exhibit 5 – Disclosure of Interests (X pages) Addendum A– If applicable pursuant to paragraph 6 Deferment Agmt CST USA Stores, LLC, Lexington Center,Unit 2 Block 1 Lot 1 Page 8 of 8 Standard Form Deferment Agreement Template Version 1.0 4.21.16 S g a !cote do," � :8-. 4 ..,:y70. € 11 Iz2 R R • 4 1 'o0 a Si 11 = g^ ri0ol ° sf s �cgo z B Z.,..-.0 \ s 1 tt< r ro 'ga8 s Niki cE2 s I N= �;°§ o tit / ,, R g R I 5 In m � £ §q� 2,i' .0 R8 �g«g5 I 1 I ',. - i Y 5Li 5 21' SS i c a z -.s s _J t °sSB � °1 E o O U m W° n ...v k, S a: g I� 15E IS 50 o o�$£° oV cN . o— I1 S O2SSa . kSo• ?Ain' ,4 E o � It S Ba g h . 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R.P.L.S Opinion of Probable Cost March 9,2017 Client: Slay Engineering for Job No. 43072.66.01 By: M.CY BLOCK 1, LOT 1 LEXINGTON CENTER, UNIT 2 ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. SANITARY SEWER IMPROVEMENTS 1 10"PVC SDR 26(6'-8' Cut) 243 255 LF $65.00 $16,575.00 2 10"PVC SDR 26(8'-10' Cut) 673 707 LF $75.00 $53,025.00 3 12"PVC SDR 26(8'-10'Cut) 18 19 LF $85.00 $1,615.00 4 Embedment 934 981 LF $8 50 $8,338.50 5 OSHA Trench Protection 934 981 LF $6.00 $5,886.00 6 4' Diameter Manhole(6'-8' Deep) 1 1 EA $8,000.00 $8,000.00 7 4' Diameter Manhole(8'-10'Deep) 3 3 EA $9,000.00 $27,000.00 5' Diameter Manhole(10'-12'Deep)Over 8 Existing 24"Casing 1 1 EA $11,000.00 $11,000.00 9 5' Diameter Manhole(12'-14' Deep) I I EA $13,000.00 $13,000.00 Install+/-600 LF 15"SDR-26 Inside 10 Existing 24"Steel l Casing 1 1 LS $75,000.00 $75,000.00 11 10"Cap 2 2 EA $425.00 $850.00 SANITARY SEWER SUB-TOTAL: $220,289.50 B._WIMPROVEMENTS _ATER __ _ 1 8"C-900 1,230 1,292 LF $30.00 $38,760.00 2 8"Gate Valve 2 2 1 EA $1,250.00 _ $2,500.00 3 Fire Hydrant Assembly 3 3 EA $4,500.00 _ $13,500.00 4 2"Blow Off Valve 1 1 EA $450.00 $450.00 Tap Into Existing 20"Water with Tapping 5 Sleeve and Valve 2 2 EA $2,000.00 $4,000.00 Tap Into Existing 4"Water with Tapping 6 Sleeve and Valve 1 1 EA $1,500.00 $1,500.00 100 LF 8"C-900 w/16"Steel Casing 7 installed by bore 1 1 LS $50,000.00 $50,000.00 WATER SUB-TOTAL: $110,710.00 C. MISCELLANEOUS IMPROVEMENTS 1 Clearing&Grubbing 3 3 AC $2,500.00 $7,500.00 2 Erosion&Sediment Control 1 1 LS $5,000.00 $5,000.00 `�`v`\` MISCELLANEOUS SUB-TOTAL: $12,500.00 j�1.....-Apit• , TOTAL ESTIMATED IMPROVEMENT COSTS: $343,499.50 * i N k• 0 /I/IMOBILIZATION @ 4.5%: $15,457.48 RHODES C.URBAN.. E 1 EERING,TESTING, & STAKING FEES @ 12%: $41,219.94 it.i 9260G f 44 1 ... ..,5 GRAND TOTAL: $400,176.92 t.,... pid t^ CITY REQUIRED PLUS 10%: X 1.10 IA 1 �� 1 TOTAL REQUIRED SECURITY: $440,194.61 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT' 3 1 of 1 • WE 1 I S Wells Fargo Bank,N.A. FARGO U.S.Trade Services Standby Letters of Credit 401 N.Research Pkwv,1st Floor MAC D4004-o17, Winston-Salem,NC 27101-4157 Phone:1(800)776-3862 Option 2 E-Mail:sblc-newre wellsfargo.com Irrevocable Standby Letter Of Credit Number: IS0502446U Issue Date: April 19,2017 BENEFICIARY APPLICANT CITY OF CORPUS CHRISTI CST BRANDS,INC DIRECTOR OF FINANCE 19500 BULVERDE RD. 1201 LEOPARD STREET,4TH FLOOR SAN ANTONIO,TEXAS 78259 CORPUS CHRISTI,TEXAS 78401 LETTER OF CREDIT ISSUE AMOUNT USD 440,194.61 EXPIRY DATE APRIL 19,2018 LADIES AND GENTLEMEN: ISSUANCE. AT THE REQUEST AND FOR THE ACCOUNT OF DEVELOPER,CST BRANDS,INC, 19500 BULVERDE RD.,SAN ANTONIO,TEXAS 78259,("APPLICANT"),WE,WELLS FARGO BANK,N.A.,401 N.RESEARCH PKWY, WINSTON-SALEM,NORTH CAROLINA 27101,("ISSUER")ISSUE THIS IRREVOCABLE INDEPENDENT STANDBY LETTER OF CREDIT NUMBER IS0502446U("STANDBY")IN FAVOR OF CITY OF CORPUS CHRISTI,DIRECTOR OF FINANCE, 1201 LEOPARD STREET 4TH FLOOR,CORPUS CHRISTI,TEXAS 78401 ("BENEFICIARY")IN THE MAXIMUM AGGREGATE AMOUNT OF USD 440,194.61. UNDERTAKING. ISSUER UNDERTAKES TO BENEFICIARY TO PAY BENEFICIARY'S DEMAND FOR PAYMENT PRESENTED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS STANDBY IN THE FORM OF ANNEX A (PAYMENT DEMAND)OR ANNEX B(PAYMENT DEMAND AFTER NOTICE OF NON-EXTENSION)COMPLETED AS INDICATED AND PRESENTED TO ISSUER AT THE ABOVE ADDRESS OF ISSUER AT OR BEFORE THE CLOSE OF BUSINESS ON THE EXPIRATION DATE.PRESENTATION OF ANY DEMAND UNDER THIS STANDBY MAY BE MADE BY TELEFAX SENT FROM 361-826-3601 TO 336-735-0952 WITH A COVER SHEET MARKED'URGENT. FAX PRESENTATION UNDER STANDBY LETTER OF CREDIT IS0502446U',AND THE DOCUMENT(S)RECEIVED AND PRINTED OUT BY ISSUER SHALL BE DEEMED TO BE ORIGINAL UNDER ISP98 RULE 4.15(ORIGINAL, COPY,AND MULTIPLE DOCUMENTS).BENEFICIARY IS REQUESTED TO TELEPHONE ISSUER AT 1-800-776-3862 OPTION 2 AND TO IDENTIFY THIS STANDBY AND BENEFICIARY'S PRESENTATION BEING TELEFAXED THAT SAME BUSINESS DAY,AS A COURTESY AND NOT AS A CONDITION LIMITING ISSUER'S OBLIGATIONS.IF YOU PRESENT A DRAWING BY TELEFAX UNDER THIS STANDBY YOU DO NOT NEED TO PRESENT THE ORIGINAL OF ANY DRAWING DOCUMENTS,AND IF WE RECEIVE ANY SUCH ORIGINAL DRAWING DOCUMENTS THEY WILL NOT BE EXAMINED BY US.IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY MUST BE RETURNED TO US BY HAND DELIVERY OR DELIVERED TO US BY U.S. POSTAL SERVICE MAIL,REGISTERED MAIL OR CERTIFIED MAIL OR BY EXPRESS COURIER OR OVERNIGHT COURIER. OVERDRAWING. IF A DEMAND EXCEEDS THE AMOUNT AVAILABLE,THE ISSUER UNDERTAKES Telikigifig we'll go far t Page 1 of 4 Each page of this document is an integral part EXHIBIT 4 1 of 4 JIi7 T"---)1C410. yr ' of this Irrevocable Standby Letter of Credit Number IS0502446UN WELLS FARGO AMOUNT AVAILABLE UNDER THE LETTER OF CREDIT PROVIDED THE REVISED DEMAND IS PRESENTED ON OR PRIOR TO THE EXPIRATION DATE. EXPIRATION. THE EXPIRATION DATE OF THIS STANDBY IS APRIL 19,2018. AUTOMATIC EXTENSION. THE EXPIRATION DATE OF THIS STANDBY SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE-YEAR PERIODS FROM THE THEN CURRENT EXPIRATION DATE,UNLESS 90 OR MORE CALENDAR DAYS BEFORE THE THEN CURRENT EXPIRATION DATE,ISSUER NOTIFIES BENEFICIARY IN WRITING BY CERTIFIED MAIL OR NATIONALLY RECOGNIZED OVERNIGHT COURIER AT THE ABOVE ADDRESS THAT ISSUER ELECTS NOT TO EXTEND THE EXPIRATION DATE. PAYMENT. PAYMENT AGAINST A COMPLYING PRESENTATION SHALL BE MADE WITHIN THREE BUSINESS DAYS AFTER PRESENTATION AT THE PLACE FOR PRESENTATION OR BY WIRE TRANSFER TO A DULY REQUESTED ACCOUNT OF BENEFICIARY. ISP98.THIS STANDBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998(I5)98), (INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.590),TO THE EXTENT NOT INCONSISTENT WITH THE LAWS OF THE STATE OF TEXAS,WHICH LAWS GOVERN THIS LETTER OF CREDIT,AND MORE PARTICULARLY WITH THE PROVISIONS OF CHAPTER 5 OF THE TEXAS BUSINESS AND COMMERCE CODE CURRENTLY IN EFFECT. ISSUER'S CHARGES AND FEES. ISSUER'S CHARGES AND FEES FOR ISSUING,AMENDING,OR HONORING THIS STANDBY ARE FOR APPLICANT'S ACCOUNT AND SHALL NOT BE DEDUCTED FROM ANY PAYMENT ISSUER MAKES UNDER THIS STANDBY. Very Truly Yours, WELLS FAGO BANK,N.A. By: Authorized Signature The original of the Letter of Credit contains an embossed seal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit,always quoting our reference number,to Wells Fargo Bank,National Association,Attn:U.S.Standby Trade Services at either 794 Davis Street,2nd Floor or 401 N.Research Pkwy, 1st Floor MAC A0283-023, MAC D4004-017, San Leandro,CA 94577-6922 WINSTON-SALEM,NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-798-2815 Option 1 1-800-776-3862 Option 2 (Hours of Operation: 8:00 a.m.PT to 5:00 p.m.PT) (Hours of Operation:8:00 a.m.EST to 5:30 p.m.EST) Together we'll go far • Page 2 of 4 '"'' l ot Each page of this multipage document is an integral part EXHIBIT 4 2 of 4 'hlY 111° of this Irrevocable Standby Letter of Credit Number IS0502446U0 WELLS FARGO ANNEX A:PAYMENT DEMAND DATE NAME/ADDRESS OF ISSUER WELLS FARGO BANK,N.A. 401 N.RESEARCH PKWY WINSTON-SALEM,NORTH CAROLINA 27101 RE:STANDBY LETTER OF CREDIT NUMBER IS0502446U,DATED APRIL 19,2017, ISSUED BY WELLS FARGO BANK, N.A.("STANDBY"). THE UNDERSIGNED BENEFICIARY DEMANDS PAYMENT OF USD(INSERT AMOUNT)UNDER THE STANDBY. BENEFICIARY STATES THAT APPLICANT IS OBLIGATED TO PAY TO BENEFICIARY THE AMOUNT DEMANDED AS PROVIDED IN THE DEFERMENT AGREEMENT BETWEEN BENEFICIARY AND APPLICANT,AS APPLICANT HAS NOT INSTALLED THE REQUIRED IMPROVEMENTS OR VACATED THE PLAT OF APPLICANT WITHIN THE TIME PERIOD ALLOWED IN THAT AGREEMENT.THIS STANDBY SUPPORTS APPLICANT'S OBLIGATIONS TO BENEFICIARY UNDER THAT AGREEMENT. BENEFICIARY REQUESTS THAT PAYMENT BE MADE BY WIRE TRANSFER TO BENEFICIARY'S FOLLOWING ACCOUNT:FROST BANK,CITY OF CORPUS CHRISTI COMBINED FUNDS,ACCOUNT NUMBER 664012798, ROUTING NUMBER 114000093 CITY OF CORPUS CHRISTI,TEXAS BY ITS AUTHORIZED OFFICER: (SIGNED AND DATED BY THE CITY MANAGER(INCLUDING INTERIM OR ACTING)OR ANY ASSISTANT CITY MANAGER OR THE DIRECTOR OF FINANCE(INCLUDING INTERIM OR ACTING).THE SIGNATURE OF SUCH OFFICIAL CLAIMING SUCH TITLE TOGETHER WITH TITLE DESIGNATION ON THE DRAW DEMAND SHALL BE CONCLUSIVE ON THE ISSUER WITHOUT FURTHER EXEMPLIFICATION OR OTHER PROOF OF IDENTITY OR TITLE.) Together we'll go far sit Page 3 of 4 Each page of this multipage document is an integral part EXHIBIT 4 3 of 4 ,'�-'41" .0141 of this Irrevocable Standby Letter of Credit Number IS0502446Ukt • WELLS FARGO ANNEX B:PAYMENT DEMAND AFTER NOTICE OF NON-EXTENSION DATE NAME/ADDRESS OF ISSUER WELLS FARGO BANK,N.A. 401 N.RESEARCH PKWY WINSTON-SALEM,NC 27101 RE:STANDBY LETTER OF CREDIT NUMBER IS0502446U,DATED APRIL 19,2017,ISSUED BY WELLS FARGO BANK, N.A.("STANDBY"). THE UNDERSIGNED BENEFICIARY DEMANDS PAYMENT OF USD(INSERT AMOUNT)UNDER THE STANDBY. BENEFICIARY STATES THAT THE STANDBY IS SET TO EXPIRE FEWER THAN 30 DAYS FROM THE DATE HEREOF BECAUSE ISSUER HAS GIVEN A NOTICE OF NON-EXTENSION OF THE STANDBY AND NO SATISFACTORY REPLACEMENT STANDBY HAS BEEN TIMELY RECEIVED.THE AMOUNT DEMANDED IS REQUIRED TO SECURE THE OBLIGATIONS OF APPLICANT AS PROVIDED IN THE DEFERMENT AGREEMENT. BENEFICIARY REQUESTS THAT PAYMENT BE MADE BY WIRE TRANSFER TO BENEFICIARY'S FOLLOWING ACCOUNT:FROST BANK,CITY OF CORPUS CHRISTI COMBINED FUNDS,ACCOUNT NUMBER 664012798, ROUTING NUMBER 114000093 CITY OF CORPUS CHRISTI,TEXAS BY ITS AUTHORIZED OFFICER: (SIGNED AND DATED BY THE CITY MANAGER(INCLUDING INTERIM OR ACTING)OR ANY ASSISTANT CITY MANAGER OR THE DIRECTOR OF FINANCE(INCLUDING INTERIM OR ACTING).THE SIGNATURE OF SUCH OFFICIAL CLAIMING SUCH TITLE TOGETHER WITH TITLE DESIGNATION ON THE DRAW DEMAND SHALL BE CONCLUSIVE ON THE ISSUER WITHOUT FURTHER EXEMPLIFICATION OR OTHER PROOF OF IDENTITY OR TITLE.) Together we'll go far Page4of4 Each page of this multipage document is an integral part EXHIBIT 4 4 of 4 of this Irrevocable Standby Letter of Credit Number IS0502446UX • City of Corpus Christi,Texts Department of Development Services City of P.O Box 9277 Corpus C hristi.Texas 78469-9277 (361)826-3240 Corpus Located at.. 2406 Leopard Street • Christi (Corner of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: CST USA STORES, LLC, a Delaware limited liability company STREET: 19500 BULVERDE RD. , STE. 100CIN: SAN ANTONIO ZIP: 78259 FIRM is: ❑ Corporation ❑Partnership ❑Sole Owner ❑Association ❑x Other limited liability DISCLOSURE QUESTIONS company If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission,or Committee N/A 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: JOHN E. REINHAR Title: VICE PRESIDENT (Print) — - Signature of Certifying Person: II` Date: 3 01/0trt' 23 2 0( K'DEVELOPMENTSVCS SHAREDILAND DEVELI .IEN\ORDINANCE ADM(NIST RAT IONAPPLICATION FORMS'FOR.MS AS PER LEGALI2'DLS LOSt1RE OF F INTERESTS STATEMENTI 27.12.DOC Exhibit 5 �o c Page 1 of 2 • • DEFINITIONS a. "Board Member. A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. 'Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form _... of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. uNDDEVEEO?MEnfORDNANCEADMNuTATION4EEuunON FORMSWOwnSAs FER LEeue0i1\DocvosuRE or ENTEREsTs STATEMENT'"-DDC Exhibit 5 Page 2 of 2 Doc# 2016054337 SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. F Date: Effective as of December 21,2016 0 w Grantor: SOUTH PADRE INVESTMENT, L.P., a Texas limited partnership LL<4i ;, Grantor's Mailing Address: 20319 Painter Place Spring Hill, Florida 34610 Grantee: CST USA STORES, LLC, a Delaware limited liability company Grantee's Mailing Address: 19500 Bulverde Road, Suite 100 San Antonio,Texas 78259 Attn: Real Estate Department Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. Property (including any improvements): That certain tract of land containing approximately 98,919 square feet which is located in the City of Corpus Christi,Nueces County, Texas, and is more particularly described in Exhibit A which is attached hereto and is made a part hereof by reference for all purposes. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Those matters shown on Exhibit B attached hereto and incorporated herein(the"Permitted Exceptions"). - - Grantor, for the Consideration and subject to the Permitted Exceptions, grants, sells, and conveys to Grantee the Property, together with all strips and gores, if any, between the Property and abutting properties and land lying in or under any public thoroughfare, opened or proposed, abutting or adjacent to the Property, together with, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, including, but not limited to, any right, title and interest of Seller in and to adjacent roads, alleys, rights-of-way, drainage facilities, easements, utility facilities, water rights and all permits, authorities, licenses, consents, and bonds, if any, pertaining thereto, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs,legal representatives, successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's legal representatives, successors, and assigns forever against every person MA7000\7000\7012-Santos,Roberto\041-SPI-Sale to CSYlGcing\Special Warranty Deed v3docx Page 1 of 5 • whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Permitted Exceptions. THE SALE OF THE PROPERTY IS BEING MADE ON AN "AS IS, WHERE IS AND WITH ALL FAULTS"BASIS, AND GRANTEE EXPRESSLY ACKNOWI EDGES THAT (EXCEPT AS EXPRESSLY PROVIDED HEREIN) GRANTOR HAS NOT MADE, AND IS NOT MAKING, ANY WARRANTY OR REPRESENTATION OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, WITH RESPECT TO THE PROPERTY OR ANY PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION. TITLE (OTHER THAN THE SPECIAL WARRANTY OF TITLE CONTAINED HEREIN),HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ABSENCE OF ENVIRONMENTAL VIOLATION OR OTHER DEFECT. GRANTEE ACKNOWLEDGES THAT THE FOREGOING DISCLAIMER IS AN INTEGRAL PART OF THIS TRANSACTION AND THAT GRANTOR WOULD NOT HAVE BEEN WILLING TO CONVEY THE PROPERTY TO GRANTEE FOR THE CONSIDERATION RECEIVED ABSENT SUCH DISCLAIMER. Ad valorem taxes have been paid through the year 2015, and ad valorem taxes for the year 2016 have been prorated and Grantee,by acceptance of this Deed, assumes the obligation to pay all such taxes for the year 2016 and all taxes and assessments for subsequent years, but not subsequent taxes and assessments for 2016 and prior years due to change in land usage or ownership, or both,the payment of which Grantor assumes. GRANTOR: SOUTH PADRE INVESTMENT,L-P., a Texas limited partnership By: DONORE INVESTMENT,INC., a Texas corporation, its general partner �/ By: t (E% Leelan Sala a/k/a Leelan Sala Wilson, Vice President M\7000\7000\7012-Santos,Robeno\04l-SPI-Sale to CSTaosiug'special Warranty Deed v3docx Page 2 of 5 STATE OF FLORIDAnDId �` COUNTY OF IJ L'nLl o The_foyegoing instrument was acknowledged before me this 2 day of OST e 1 , 2016 by,7,eelan Sala,�/k/a Leelan Salo-wild#�trh io �ymai y known to me or who has produced j- 141).(A da �[�J = qtg m EXPIRES Oclober 31,2020 Notary Public Printed Name: � My Commission Expires: CCI1 .5/, , C Commission# W Q LQ3 Mo7000\7000\7012-Santos,Robertol041-SPE Sale to CSiMJosingSpecial Warranty Deed v3 docx Page 3 of 5 EXHIBIT A • PROPERTY DESCRIPTION Job No.43072.0000 July 19,2016 Exhibit A 2171 Acre Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes,for a 2271 Acre Tract,of Lots 3 and 4, Section 4,Bohemian Colony Lands,a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; being a portion of a 32.81 Acre Tract, _ described in Warranty Deed from Valleywinds,Inc.,to South Padre Investments,Inc.,as recorded in Volume 2336, Page 64,Official Public Records of Nueces County,Texas;the said 2.271 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a TXDOT Monument(Type II) Found, on the Northeast line of Holly Road(Right-of- Way Width Varies),for the South corner of the said 32.81 Acre Tract,and a Southeast corner of a 25.84 Acre Tract, described in Deed from Revolution Trust Corporation,to the State of Texas for the proposed extension of Crosstown Expressway,as recorded in Volume 2216,Page 894,Deed Records of Nueces County,Texas; Thence,North 61°51'41"West,with the common line of the said 25.84 Acre Tract,and the said 32.81 Acre Tract,496.70 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CC TX" Set,for the Point of Beginning,and the South corner of this Tract; Thence,North 61°51'41"West,with the said common line,301.05 Feet,to a TXDOT Monument(Type III Found,for the Southwest corner of this Tract; Thence,North 16°57'46" West, with the said common line, 70.82 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CC TX"Set,for a West corner of this Tract; Thence,North 27°56'09" East, with the said common line, 23535 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CC TX"Set,for the North Corner of this Tract; Thence, South 61°51'48"East,departing the said common line,over and across the said 32.81 Acre Tract, 351.05 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set,for the East corner of this Tract; • Thence,South 27°56'17"West,28535 Feet,to the Point of Beginning,containing 2271 Acres(98,919 Sq. _ Ft.)of Land,more or less. Bearings based on GPS,NAD83,State Plane Coordinate System,Texas South Zone 4205. Unless this fieidnote description, including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. _ Also reference accompanying sketch of Tract described herein. LRBAN ENGINEERING James D.Carr,RP.L.S. License No.6458 M\7000\7000\7012-Santa Roberto\041-SPI-Sale to CST Closing gSpecial Warranty Deed v3.docr Page 4 of 5 EXHIBIT B PERMITTED EXCEPTIONS 1. Terms, conditions, provisions and/or easements set out in the certain Right of Entry for Right-of-Way Agreement and Surface Easement Agreement by and between South Padre Investment, Inc-, and Central Power& Light Company recorded under Clerk's File No. 849580, Official Public Records,Nueces County,Texas. 2. An electric transmission easement awarded to Central Power & Light Company as evidence by that certain certified copy of Judgment in Absence of Objection recorded under Clerk's File No. 879915, Official Public Records,Nueces County, Texas. 3. All leases, grants, exceptions or reservation of coal, lignite, oil and gas and other minerals,together with all rights,privileges,and immunities relating thereto,appearing in the Public Records. 4. Declaration of Easements and Restrictions dated on even date herewith, by South Padre Investment, L.P., a Texas limited partnership, as Declarant, recorded contemporaneously herewith in the Official Public Records of Nueces County,Texas. • • • M7000t7000\7012-Samos,Robalo\041-SP!-Sate to CSTClosng\Speciat warranty Deed v3.docx Page 5 of 5 • Doc# 2016054337 Doc# 2016054337 # Pages 6 12/30/2016 12:16PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31 .00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS Sao COUNTY CLERK !`� ` � NUECES COUNTY TEXAS J . ' OFFICER'S CERTIFICATE CST USA STORES,LLC a Delaware limited liability company I, the undersigned, being the authorized Senior Vice President, Secretary and General Counsel of CST USA STORES, LLC. a Delaware limited liability company (the "Company"), whose principal address is 19500 Bulverde Rd., Suite 100, San Antonio, Texas 78259, do hereby certify as follows: 1. I am the duly elected, qualified and acting Senior Vice President, Secretary and General Counsel of the Company; and 2. John E. Reinhart is a duly elected, qualified, and acting Vice President of the Company, and the signature appearing opposite his name is his genuine signature or an accurate facsimile thereof; Name Office It.nature John E. Reinhart Vice President 3. John E. Reinhart is duly authorized to execute and deliver on behalf of the Company a Deferment Agreement with the City of Corpus Christi ("City") relating to the deferment of certain public improvements required under City's Unified Development Code, prior to recording the final plat of 2.271 acres of land, being Lot 1, Block 1, Lexington Center Unit 2, with said Deferment Agreement being substantially in the form attached hereto as Exhibit A; and 4. Any third party may rely upon the foregoing confirmation of authority without further inquiry with respect to all acts subsequent hereto by the Company relating to the Deferment Agreement; and 5. Further, the following are the duly elected, qualified and serving officers of the Company and are located at the above-referenced principal Company address: Kimberly S. Lubel Chief Executive Officer and President Clayton E. Killinger Executive Vice President and Chief Financial Officer Anthony P. Bartys Senior Vice President and Chief Operating Officer Paul C. Clark Senior Vice President Gerard J. Sonnier Senior Vice President, Secretary and General Counsel Evan Smith Vice President and Treasurer Maria(Lulu) Schroeder Vice President-Tax John E. Reinhart.... Vice President Officer's Certificate Store No. 1849—Crosstown Expressway&Holly Rd;Corpus Christi,Nueces County,Texas • • IN WITNESS WHEREOF, I have hereunto set my hand as of 19th day of May, 2017. Gerard J onnier Senior Vice President, Secretary and General Counsel Officer's Certificate Store No. 1849—Crosstown Expressway&Holly Rd;Corpus Christi,Nueces County,Texas �QLS C . • �` ' 'Qin, October 26, 2016 yV0 f I If •11 i ; � S tit Leelan Wilson * � ,�. South Padre Investment, LP 'Asx A Texas Limited Partnership 700 N. St. Mary's St, Ste 1825 San Antonio,TX 78205 DEVELOPMENT RE: Case No. 0916116-NP073 SERVICES (16-21000043) Lexington Center Unit 2 2406 Leopard Block 1, Lot 1 First Floor (Final—2.27 Acres) Corpus Christi Texas 78408 Phone 361-826 324(1 Dear Mr.Wilson: ‘VWW.cctexas.com AdministrationOn Wednesday, October 19, 2016, the Planning Commission held a public hearing on Fax 361-826-3006 your land subdivision located between SH 286 and Ayers Street and north of Holly Road. After reviewing facts and taking public testimony, the Planning Commission approved your land Laud Development subdivision. The final plat must be recorded with the Nueces County Clerk's office by April 19, Fax 361-826-3571 2017. Please note this letter will be the only notification of the plat expiration date. Project Management Prior to plat recordation, the following requirements must be met and fees paid: Fax 361-826-3006 Building Penults 1. Water Distribution System Acreage fee ($3,266.53) Fax 361-826.437S 2. Wastewater System Acreage fee ($3,566.17) 3. Public Improvements and construction required for all public utilities 4. Recording fee for one page ($ 54.00) '$44.00 for any additional pages 5. Provide a tax certificate with submittal of the original tracing indicating all taxes are current. 'Please make checks payable to the City of Corpus Christi In order to expedite the processing of building permits, changes to street names will no longer be accepted once the Planning Commission takes action on the final plat. If you have any questions regarding the above, please call me at(361)826-3535. Sincerely, J rhOlAT Renissa M. Garza Montalvo, AICP, CPRP Senior City Planner Land Development Division RGM:cg cc: Xavier Galvan Urban Engineering 2725 Swantner Dr. Corpus Christi, TX 78404 • O,pUS Clip. i k 1,, '''s%', May 24, 2017 Xi rY,,� _ /a J 3,,,/,,,% South Padre Investment, LP Leelan Wilson x'852 i 700 North St. Mary's St. Ste 1825 San Antonio, TX 78102 DEVELOPMENT RE: Case No. 0916116-NP073 SERVICES (16-21000043) Lexington Center Unit 2 2406 Leopard Block 1, Lot 1 First Floor (Final -2.27 Acres) Corpus Christi Texas 78408 Phone 361-826-3240 www.ectexas.com Dear Mr.Wilson: Administration Fax 361-826-3006 On Wednesday, May 17, 2017, the Planning Commission held a public hearing on your request for a six month time extension on land subdivision located between SH Land Development 286 and Ayers Street and north of Holly Road. After reviewing facts and taking public Fax 361-826-3571 testimony, the Planning Commission approved your request for a six month time Project Management extension. The plat will expire on November 17, 2017. Please note this letter will be Fax 361-826-3006 the only notification of the plat expiration date. Building Permits In order to expedite the processing of building permits, changes to street names Fax 361-826-4375 will no longer be accepted once the Planning Commission takes action on the final plat. If you have any questions regarding the above, please call me at(361)826-3535. Sincerely,el f' Ratna Pottumuthu, PE, LEED AP Engineer IV Land Development Division RGM:cg cc: Urban Engineering Xavier Galvan 2725 Swantner Dr. Corpus Christi,TX 78404 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-196651 CST USA STORES, LLC San Antonio,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/21/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Lexington Center Unit 2 Deferment Agreement Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Reinhart,John San Antonio,TX United States X Schroeder, Maria San Antonio,TX United States X Smith, Evan San Antonio,TX United States X Sonnier, Gerald San Antonio,TX United States X Clark, Paul San Antonio,TX United States X Bartys,Anthony San Antonio,TX United States X Killinger, Clayton San Antonio,TX United States X Lubel, Kimberly San Antonio,TX United States X Urban Engineering Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perju ,that the above disclosure is true and correct. ( :;j :: \) JOLENE E POTTER My Commission Expirts July 24,2017 : - of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABO Sworn to and subscribed before me,by the said thl��S ,this the /Sr day of /�i / , 20 j ,to certify which,witness my hand and seal of office. Le P) -/L74-g.P_) �1a/Qrie - e.v r(/� � ?6L.e of rT rers Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Fo s provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 Do'Y T Poses 31 i 6/002/21317 1:42PN • Official Records of NUECES COUNTY • KARA SANDS COUNTY CLERK Fees $135.00 tins provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certifg that this instrument was FILED in file number sequence on the date and at the time stamped herein bg me, and was duly RECORDED in the Official Public Recons f 5 Nueces Coun JO rgi 1/ KARA SANDS a 'J4 4 Mi.JU', Z.Lip(0 oPArW s 't ,tq Cd,t,�!►, o ver Co RA/5 Cry �° •