HomeMy WebLinkAboutC2021-315 - 11/24/2021 - NA 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 SEFL/Corpus Christi, LLC
("Developer"), a Limited Liability Company in order to defer the completion of certain
required public improvements prior to recording the final plat of Industrial Technology
Park Unit 4, Block 2, Lots 1 & 2 (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 with the County Clerk of Nueces County, Texas;
WHEREAS, in order to have the Plat filed 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
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, water and sewer services are available to serve the subdivision, and
the Developer has completed all other subdivision requirements, park dedications, park
deferment agreements, maintenance agreements, and all special covenants;
WHEREAS, the Assistant City Manager and City Attorney have both approved
this transaction; and
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.
NOW, THEREFORE, for the consideration set forth in this Agreement, the City and
Developer agree as follows:
SCANNED
Standard Form Deferment Agreement 10/27/2021 BB Page 1 of 9
1. Preamble.
The above preamble and all defined terms therein are incorporated in this
Agreement for all purposes. In addition, the preamble to this Agreement is
included as substantive content in this instrument and upon which both parties
to this Agreement have relied and will continue to rely during the term of this
Agreement.
2. Consideration.
In consideration of the Developer's request to enter into this Agreement and the
posting of approved financial security, 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. The City further agrees to allow the Developer to delay
construction of the Deferred Improvements per the terms of this agreement.
3. Improvements.
Developer covenants to construct and install, at Developer's expense, all external
and internal subdivision improvements required to comply with City ordinances,
regulations, and policies governing subdivision approval for the Plat, including
Deferred Improvements as shown in Exhibit 2 and Exhibit 3.
4. Financial Security.
As a condition of this Agreement, the Developer agrees to deposit with the City
$31,805.40, as a form of financial security authorized in Section 3.30.1 of the
UDC, upon execution of this Agreement or before the filing of the Plat. 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. The
City Engineer will not endorse a plat until the financial security is deposited with
the City. The Developer acknowledges and specifically agrees that in the event
the financial security required by this Agreement has not been deposited with
the City before the filing of the Plat in the official public records of Nueces County,
this Agreement is NULL AND VOID WITHOUT ANY NOTICE OR FURTHER
ACTION REQUIRED BY EITHER PARTY.
5. Improvement Completion.
Deferred Improvements are to be completed in conformance with City's engineering
Standards within 12 months from the execution of this Agreement.
6. Letter of Credit.
If a letter of credit is utilized as financial security under this Agreement, the
content of the irrevocable letter of credit must be ( 1 ) pre-approved by the
City's Director of Financial Services ("Finance Director") and City Attorney, (2) be
issued by a banking institution having a local branch office within the State of
Texas (Corpus Christi location preferred), (3)be valid for a period of 12 months
from the date of issuance or longer, (4 ) automatically renew for successive
one-year periods, and ( 5 ) require, as sole documentation for payment, a
Standard Fonn Deferment Agreement 10/27/2021 BB Page 2 of 9
statement in writing from the City's Assistant City Manager setting forth (i) the
circumstances of default giving rise to the draft or (ii) the Developer's failure to
furnish proof of renewal not less than thirty (30) days prior to the expiration
of the then-current letter of credit [see the section below regarding renewal], and
accompanied by a properly drawn draft not to exceed the face value of the
letter of credit.
The Original Letter of Credit is to be delivered by either personal delivery, courier
service with a signature required by the recipient, or by registered or certified
United States mail, postage prepaid, return receipt requested. The Original Letter
of Credit is to be delivered to:
Director of Finance and Procurement
City of Corpus Christi
1201 Leopard St.
Corpus Christi, TX 78401
7. Letter of Credit Renewal.
The Developer must ensure that the letter of credit is kept valid at all times. The
Developer must renew the letter of credit before expiration. Proof of such renewal
must be received by the City at least thirty 30 days prior to the expiration of the
then-current letter of credit. If the City does not receive timely renewal or cash
in lieu thereof is not deposited as financial security with the City, the City may,
after 10 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 renew
timely, the funds will be held in an account as if the Developer had posted cash
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 financial security
posted by the Developer pursuant to this Agreement.
8. Financial Security Modification.
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.
9. Time is of the Essence.
Time is of the essence in the performance of this Agreement.
10. Improvements Approval.
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.
Standard Form Deferment Agreement 10/27/2021 BB Page 3 of 9
11. Improvements Construction Standards.
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 section above.
12. Acceptance of Improvements.
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 section 4 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 obligations to construct the
Deferred Improvements by mailing a release letter to Developer at the
address shown above Developer's signature line in this Agreement.
b. Return to the Developer within 60 days of the completion of the
construction of the Deferred Improvements and settlement of the actual
construction costs, or within 60 days of acceptance of the Deferred
Improvements by the City, whichever is later, any balance remaining of all
monies received by the City from the Developer.
13. Warranty.
Developer fully warranties the workmanship of and function of the Deferred
Improvements and the construction thereof for a period of two years for streets,
curbs, gutters, and sidewalks and one year for all other improvements from and
after the date of acceptance of the improvements by the City Engineer.
14. Default.
If Developer defaults in any of its covenants or obligations under this Agreement
[excluding failure to timely renew a letter of credit, or post additional security, 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 the City knows such
address], advising the Developer of the default and giving the Developer 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 60 days of the completion of construction of the Deferred
Improvements and settlement of the actual construction costs.
Standard Form Deferment Agreement 10/27/2021 BB Page 4 of 9
If the Developer has not begun construction of the Deferred Improvements at
least 30 days prior to the completion date stated in section 4 of this Agreement,
the Developer agrees that the City may, after notice to the Developer, 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 fails
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 and the funds on account prove inadequate
for the City to complete the Deferred Improvements, the Developer shall
reimburse the City for any additional costs related to the completion of the
Deferred Improvements within 30 days after the City completes the required
Deferred Improvements and invoices the Developer.
15. Notice.
Unless otherwise stated in this Agreement, any notice required or permitted to be
given by either party shall be in writing and must be provided by personal
delivery, fax, or certified United States mail, postage prepaid, return receipt
requested, 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. By notice to the other in accordance with the provisions of this
section, any party may specify a different address or addressee for notice
purposes.
16. Plat Vacation.
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 Developer remaining on deposit will be released and
immediately returned to the Developer.
17. Certificate of Occupancy.
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.
18. Assignment.
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.
Standard Form Deferment Agreement 10/27/2021 BB Page 5 of 9
19. Covenant Running with the Land.
By execution of this Agreement, the Developer covenants to construct the
Deferred Improvements required by this Agreement, and this covenant shall be a
covenant running with the land. Therefore, at the Developer's expense, the City
shall file this Agreement in the official public records of Nueces County.
20. Modifications.
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.
21. Severability.
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.
22. Disclosure of Interest.
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 4, the contents of which, as a completed form, are
incorporated in this Agreement by reference as if fully set out here in its entirety.
23. Compliance with Laws.
The Developer shall comply with all federal, state, and local laws, regulations, and
rules applicable to the performance of this Agreement.
24. Governing Law and Venue.
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.
25. Strict Performance.
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
acknowledges and agrees that failure by the Developer to adhere or comply with
any term, condition, or requirement of this Agreement constitutes a default of this
Agreement.
Standard Foran Deferment Agreement 10/27/2021 BB Page 6 of 9
26. Authority to Act.
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.
27. Termination. This Agreement terminates upon acceptance of all Deferred
Improvements by the City, completion of all Deferred Improvements by the City, or
upon plat vacation.
28. Effective Date.
This Agreement is executed in one 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.
Attached and incorporated by reference into this Agreement:
Exhibit 1 — Plat
Exhibit 2 — Required Public Improvements
Exhibit 3 — Cost Estimate
Exhibit 4 — Disclosure of Interests
Standard Form Deferment Agreement 10/27/2021 BB Page 7 of 9
EXECUTED IN ONE ORIGINAL this 221 day of \\CNIP-VIINt102021.
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 8 6 40 Office
(361) 28 Fax
1/1
w a mon. III, AIA, CBO,
Direc or of vevelopment Services
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on \1DV01)IVJ , 2021, by
Al Raymond III, AIA, CBO, Director of Development Service for the City of Corpus
Christi, Texas.
V � YVETTE WALLACE
��pr Notary Public,State of Texas ' // C`
": `<„E Comm.Expires 08-06-2025
+ Notary ID 133255582 N. - Pub ic's Signature
Approved to Legal Form:
' 4 01-V:Ce
Buck Brice
Assistant City Attorney
Standard Form Deferment Agreement 10/27/2021 BB Page 8 of 9
DEVELOPER
SEFL/ Corpus Christi, LLC
420 Devega Road
Lexington, SC 29703
J394n*d
Ryan Smigiel,
Manager
THE STATE OF Jo0fi CARO/44f) §
COUNTY OF Rt.p11, th-/-b §
This instrument was acknowledged before me on fl'OVEIrma ZZ , 2021, by
Ryan Smigiel, Manager for SEFL/Corpus Christi, LLC.
!.
M�ss�oNASOti i N ary u tic's Signature
:> NOTARy�'
:z ��� r^ _
- to -
• PUBLIC
2,1iF 10 20 • Q:1
CAR 0'
Standard Form Deferment Agreement 10/27/2021 BB Page 9 of 9
4._wrIIIIMP*JINIIIt111 1 fi • lit,VEMIMINIWO
od
4 7____ 9
4i� i ,.:3 -�i •
1 j a ice_ � �s�
4. �� �idt1 - i `` • ye, •
1 -i. -:�" ;qtr, \c„/„..„
u � �� e
_ - -
-..t�alr.
--� o EA.R BEAR r,,o
i,,, :".:`` ..,, ''''''. ''' ''..41%.0i$'is - '''.:- . .
id . .. .:;.:"..'.; ,..k, .; . ,.. _.i 4 - 1
: il A 4 a i? I . Ar • 4 41').
x a '
r - , , --T. ii 1 ._ - . , ..s. ,... - ,1.,, -q
•
CC L'si�SH
Ce \ 1+,
t Z
".
_ • n
• r s• F Ir
r +"
If
ti
0
•, 500 1,000
. PreparedRe
yR
_. men /DevelopmentSeM
KELLY MARGARET LAND
SH-44 _-II
- AGNES-ST C
20.445 ACS OUT OF NE O
ii
ix
cc
__
COR OF LT 1
z
W
O
1 --BEAR-LN—
PROPOSED INDUSTRIAL TECHNOLOGY CR 34 y�R��Ro
PARK, UNIT 4, BLOCK 2, LOTS 1 & 2 r SUBJEC PROPERTY
qo
N n li,
,`SNE
p40
se _
X152 ,`
/Lim -.
OV City of 1
Map Scale:1:5,000 bg5 Corpus
LOCA MAP _C=sti
Meld 32Is-71,11 1wNOQp No,aa_0 s urs ammo IL-310/1 NY3e-1Y1e au s11oMYY ae caws re+Coli i o/fs/e :cows isri 81S•aartul -a3w all!els Imz./s/oL :O 1NWe
W N (4 (4
H F
I I.
NOLLYONYN ( I ��� �F��� '03 ' N o
' `' ago..ago ��<N8 a 2s
• 01r,3
�i$i 8i To �a rn Z
{�y g<Opm g
' ^• • ,3LL=� aVl SFW Dm LI I
U 2e2
rAm 664E ..
g25
0 8
ji NNosN13N �_ �_ �,. Ci� �� 1 rAa 146.1~d aVD4aog�<' �3N , J a b�=o '^ WU�Inm €yNii O// < J �OF� N < � �N O VQ w A
y<z ZZ wyy Ptey[ 1�py�lry MM
II 11
�J7 �� �Z aOONo Uh r���
�8 FWHW W J W
Mn3elP1 301' aZjJ�� py, ��� m �C a
O p� e i.8 K 8 Z qh � co
Z� A
O JO Y 7 VF8 8 �UW T ���
.„
mU blffi�4 R rci m o! _� � z N
e
Z ~ W
L�8$Z z Nb a
4 'Wiz Y Z y� U O
O '�00z 8 gt3e ^
a Z gN y1 R 1 I
�i g < J Q$ Q -14vv
4
•o p WW� Z `.44 ci 0m 2��nn
KZ 6§2 44 y< ON
„
_. .
m mT § §§1 V . _
.
JZ()Qi,.. �k
> W < NT4Z =T X ..W (6
pp
0Osz0049. 4g 0-4 N
1 < �° '►
iri o W - < <z8 `.6;'.!). e�,
-8 1.31I
til
Z w J =
_= W = W�FGC 82 80 oe Cfr.1 04,
�.,�_
F ngp NN JJ� yE
00 OO 1z 8apW `U !!!!!
�y1o 0 -n & ou pbCg 8i Wi g 8' $8 0= N
i � aF 8 38 = o k' iN 01
08 'b Zb P8 aq8�71 <' O '3.6E 25>. hRb
Z W 2t/ W TRss' �j<�� W EE
" �h Jc`
wz' Wd N iyi1 iJ WZ V, <_,, Yt pJO LEE - t Z
NV �O O NOOU �� 41V _Xr > m . 'A M NW
64
W t i< e = 48 g 2 t Cf C ..,4
ec4 $� `12_
�.affio pP�y Woly�k �W �o �` it /20i NI:
< ci p,NR. Y4< k. C,. � CS .���y.1� W� UN �yW., Q�j � �`c<� ITIO
�1 D4C ���� V' � p � 47}� 0 � WON < NmV � O�:.1 c� ; po x QTc UTZ 1 iiyy3� : 6_ -�{ 4i :!! 111 !Ii!tw , (5 Cgs ; hikli2 �L p. W` Oi! �j4C; �p N ORpc KT 2 Imo^ j�. �jc 1� 4{ �, .' tn � -N N.. Z
It
� $< �D . ..m `ffi rc v Oh; $ o ��' $ c�ffiYi �aY}� W3ffiffi�3`a larga P 4 ig g` &l. T Wy N-O pr QpQ22 3 r,so�i Q ffi AOX2 Wq 'n �l $gffig 1 8'_ .ao" Ho v,.ffipq dyW.� "• z N 6 y to° qp 1�y� •n T B Q �
oN~ Kpm• 6c �` $O �jC W �� ypp �`� Oj yy�� ffio oOOpN �. Z �
eV-4 7 'Tot-, $ W 2�+ (�� bi$Wq P?- '''' �R,:_ zzpl.
,0.�.2N>. KO ` � m C< �2 2jW C� t % E4syV 'O'� 28 661 I ,` c10 y�,�$4-4
Q l ci x _ N T 8 W 2 Ew O$ " W .S Yy',
. 4 `8R (-2w a K Zl-1 1�� 7� 1y O 4 6 p 4 c yTA a§Z , 888$: < k s ..�y6
yg, 2 CqN q R `O O z �C ,i 14 yV�h WZJ4 ,1,) 0aV2W 6li 4f m 4
m c x yC�U ti qC m Wy�� x . � CS 2p GG
h' 7"< WS at ; i'3" 01 4; CV O N� g- � g%i , ONWS,XP.
F; `38ii 1,1° W �'4. !y 8 $'h _ O oaf, ,_UU,4' ym w
c 2 (cj � C�U � O � O`p SW
610 =4' p:R }� M.9. .h W0 OV3 l NffigaR 1.10k 6:a 1. 4.. R z E yygg3�W
1. §p W w.81'
x T0` W % Ci Nie 03 i. �T �� , CN �ry��cq
tN T O N $ o81s Z p P !ryx.. TR' 3 WI 2 yrg$3 ;'9 ,, 3� :'-a.-
04.'1-
3c� vS
c C ti 020 , 0 c
C�c�C {��y�i�'� MTA(��j � ;"-�I$V5g�.� � (��+ � �6 �f� -J "';z��[S� �.( �RJ (.' �yy�c� °. O
24q°6 gc° y. 4.'1- (53:0 MTA b 2'31'0 3 V C 4p 1`x O - , 6c20 NKe6 A :aMIR ,. O iffi :. C44O
' 1"0`
6 q .:',)- (4 2Ntn '5J SCS ti �3 c3 2,V ti,i ,, 4n r i oaoap�` pa na',.- 'oe=�
'gW12" 4P 410, $b 0a u � co4 -% '604p 'g
T . a T o n2
4 Yo3 4 6<i a 'i -. c.s . 9 a om T t�x�c3 y x�zA -„, 2,d„ hd Q t'l�
2"'�,n x�,�rta �� x p W� � W� W � �� �y rffi � d ffi .ffi��� affi 2S p tS
« g ggl 4o XRO '` 'gR �` a g �a .ylid8 2 % gay ua� $
.:Vila .v4.a "IG8 4qa a .ao a �: .s a& : R.;, i dea Steffi f`I 4.W .( 0k Wt s c'e i
Ladd 325-T1ru WINDINO NO 1on1 710 Si MI IIII ocAcrsroIz-3NV1 W313-1V1d m SINUri VI03 vs vet c04 woz/+z/s :caws 1sin 8LS 3AMfs-trots 31L1 91s Izoz/s✓oL Kia►Nwa
1 ' e Q
k k ,F4,
II
( 1111M,71=1111
a Z 2 `S
I o
tool ...,,,„, -.
• 01Y13 •
• / O W4() t 0;
- aZ
x=02• O G�
it NNOSNI314 I- _ ,s' gU J $ifi $/ ►a V a4 i
oy• �y !II
p�I 0 o i $ 4t ^Uh� r 11.1 rl
°� amain3Or e W
] z§AEs N
Z �Q 8
~ e w
w
I0 oteo $ < tete ie < t < 48k 4444 �N a;
i =n"
▪ 1W ! 1; „! Y Wtt ; q ! tww q Yatw viv^ r.
1^a r:4r
.:, 9 0 s o o a o o e n e s g 5 i of z 03 h
• t 3
77 eOabW
zux
WJQdk
EW '`
N V
-- -I II
I I _
3
N
¢ I ' gUa0 Ng - U
�0S �
Ugs'1. , .8 NO O ^n . g Ar,:-.„ WH
II Iz II 1aU,U, g5� t,4,p isgg ,-. �
aW -Vna ' I n
u6”! kZO
tig.'1;I I °a= mWai WYFE `44ZiNazd zy� .iwYVe4 51 zas �J ~ NZO v'f R3 . 0.Jp r1;
K 4 - pVO'a
•n '9' O
8,343:- 11
ITIS I � 0951. 4.
.60'L6S �9i'£� .£O,II.IOS ��s�za 3.ro.,.los $�
-gad 0 1 I 49 a- N \\ s"uAo,
6
'i ;-'i .11 ;‘,,,, i
` ,.151. 'ASCU:.;ON d \\\ \\ 3 - o
3h
�U „ 1 f4 IIS \\ \\ R �_
S r, \
'� I I �I I `,g��11��- ,wren 1.411-105 _I \LR 3","S . [7
g I 1 3i 1 r—rw M.ruuav 5 saves r1-umr\\ \\ N)
., \ I n
W ozW
'lh 11 pQg$ oo ,e
v3� . w I :i's rd-4-§p.,
M.41(13
yew \\ \ A 1= h YrY38
tt
E3' v I II I Li t w I i 017 N. \ % qg
R III I 1 W Wile 1.1.11-705 .z.tD[�T—.714, t2
68
J/�,M1 N � arc
y m I 11� R i s ` oon \\ \\ 3• zYz
�,, iN
N \
c�ij o' i FNI R .9.OM ,96'£0£l M.fl,ll.ION \. ko
&§`NO OoaO.s , y \ \
W 0 sziirJti I I• m$\ t\
, � Iill a .. �� .ate \\ \\
;n. a 1 s; pn ci a ist,.1 `u
*gyp I opo, II Fn ° * r pq
2 6,..,-� 8 ? 25�iacj �iroci '�SNo o N
al• _,-,2 li PIpi II §26. ;‘-0 _, ma, •,-,„ .cc
z
9f Q9S O I
Z
� 38i r
° z
1' k sl
'I u
Whik
WIER&ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: October 29,2021
CLIENT: Southeastern Freight Lines
PROJECT: 21PL1109 Lots 1 &2, Block 2, Industrial Technology Park Unit 4 W&A JOB NO: 21018
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
I 5'WIDE CONCRETE SIDEWALK(BEAR LANE)
101 5-ft Wide 4"Thick 3,000 PSI Reinforced Concrete Sidewalk 2,802 SF $7.00 $19,614.00
102 Barrier Free Ramp 4 EA $1,700.00 $6,800.00;
SUBTOTAL 1 $26,414.00
II MISCELLANEOUS
201 Mobilization, Bonds&Testing 1 LS $2,500.00 $2;500.00
SUBTOTAL' $2,500.00
"' t;11EMENTS
cosr
Deferment Agreement Additional 10% 10% pct $28;914.00 $2,891.40
SMOMMIAOMONANcwseco,VrottgyiReetworotiomAGREEmott _ 3'1:8n54U
Since the design professional has no control over the cost of labor, materials, or equipment,or over the contractor's method
of determining prices,or over the competitive bidding or market conditions, his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However, the design professional can not and does not guarantee that
proposals, bids, or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost, he shall employ an independent cost estimator.
Prepared by. Philip Graham, P.E. #94719 O.F.i F \\1
Checked by: * •/ �% * l�
PHILIP L.GRAHAM
,6%. 94719
1F6'
siord a .�
i/ /5/°°71
11/15/2021 Page 1 of 1 SER.-Corpus-Public-Sidewalk-CPC-210'8 xlsx
002405
Remittance Advice Page I of I
Check: 2405 Paid by Schwob Building Company, LLC Our Account#:
Date: 11/17/21 Paid to: City of Corpus Christi Vendor Code: CIT013
Amount 31,805.40
Inv.Date Invoice No. Job Number Inv.Amount Discount Amount Paid Retention Remarks
11/17/21 11162021 21208 31,805.40 0.00 31,805.40 0.00 Ind Tec Prk Unit 4,81k2,Lt 162
Check Totals 31,805.40 0.00 31,805.40 0.00
•
DETACH AND RETAIN THIS STATEMENT - To Reorder Call:Transform 800-226-2564 or 770-729-8585 Fax:770-729-9191
THIS CHECK IS PROTECTED BY A VOID PANTOGRAPH,MICROPRINT SIGNATURE UNE AND A HEAT SENSITIVE PADLOCK ICON.ADDITIONAL SECURITY FEATURES ARE LISTED ON BACK.
SCHWOB BUILDING COMPANY, LLC � Ft
OPERATING ACCOUNT ��,� 30-9/1140 CHECK NO.
rr zDATE
2349 GLENDA LANE 002405
DALLAS,TX 75229 11/17/21
(972)243-7674
2405
PAY
"THIRTY-ONE THOUSAND EIGHT HUNDRED FIVE AND 40/100 DOLLARS
PAY "31,805.40
{ TO
THE
ORDER City of Corpus Christi
OF 2406 Leopard Street
Corpus Christi,TX 78408
11114101.17."
/.17
II'00 240511' ': L L40000931: 6500936370
Vel , WIER&ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE: October 29,2021
CLIENT: Southeastern Freight Lines
PROJECT: 21PL1109 Lots 1 &2, Block 2, Industrial Technology Park Unit 4 W&A JOB NO: 21018
TOTAL UNIT
ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICE COST
I 5'WIDE CONCRETE SIDEWALK(BEAR LANE)
101 5-ft Wide 4"Thick 3,000 PSI Reinforced Concrete Sidewalk 2,802 SF $7.00 $19,614.00
102 Barrier Free Ramp 4 EA _ $1,700.00 $6,800.00
SUBTOTAL $26,414.00
II MISCELLANEOUS
201 Mobilization, Bonds&Testing 1 LS $2,500.00 $2,500.00
SUBTOTAL $2,500.00
' ° "" ' TOTAL PUBLIC IMPRCSS EMENTS COST. $28,914.00
Deferment Agreement Additional 10% 10% pct $28,914.00 $2,891.40
TOTAL FINANCIAL SECURITY REQUIRED FOR DEFERMENT AGREEMENT $31,805.40
Since the design professional has no control over the cost of labor, materials,or equipment, or over the contractor's method
of determining prices,or over the competitive bidding or market conditions,his opinions of probable cost provided for herein
are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design
professional familiar with the construction industry. However,the design professional can not and does not guarantee that
proposals. bids,or construction cost will not vary from the opinions of probable cost he has prepared. If the owner wishes
greater assurance as to the construction cost, he shall employ an independent cost estimator.
Prepared by. Philip Graham, P.E. #94719r"' �� Oj T.c..>e,
Checked by: i* . ;* /,
PHILIP L.GRAHAM e
94719 ' '
±tpc; </OENssO
k k sS10NA' ��".4"1.1
¶111512021 Page 1 of 1 SEF¶-Corpus21o1exlsx
/�pUS C46R\
•
i�
o DISCLOSURE OF INTERESTS
Y { T
v •
,852_ Development Services Department
2406 Leopard St.Corpus Christi,TX 78408 Phone:361.826.3240 I ptatoppticotionlicctexos.com
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: SEIL-/(art vJ al f .� ]]
STREET: ZD CITY: V�^T. ,�C ZIP: 29073
FIRM is: Corporation [] Partnership ❑ Sole Owner ❑Association 2/Other GGA
DISCLOSURE QUESTIONS
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)
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
tJiA
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
A)14
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
/il/A
CERTIFICATE (To Be Notarized)
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: /t a�,
Title: U e
74/1-7sY4
(Print)
Signature of Certifying Person: Date: //////z/
Land Development Division I Form No.4011 Revised 6/13/19!Page 1 of 2
j Pus ci
°� �A'; DEFINITIONS
mi
"i
1852 Development Services Department
2406 Leopard St.Corpus Christi,TX 78408 I Phone:361.826.3240 plotopplicatior cctexas.com
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.
Lond Development Division I Form No.4011 Revised 6/13/19 1 Page 2 of 2
2021 -2021035938 07/14/2021 1:16PM Page 1 of 8
Lawyers Title GF# 1901552100400
After Recording Return to:
SOUTHEASTERN FREIGHT LINES, INC.
420 Davega Road
Lexington, SC 29073
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
SPECIAL WARRANTY DEED
Date: July t ) ,2021
Grantor: OLD DOMINION FREIGHT LINE, INC., a Virginia corporation
Grantor's Mailing Address: 500 Old Dominion Way,Thomasville,North Carolina 27360
Grantee: SEFL/Corpus Christi, LLC, a Texas limited liability company
Grantee's Mailing Address: 420 Davega Road, Lexington, SC 29073
Consideration: TEN & NO/100 DOLLARS ($10.00) and other good and valuable
consideration in hand received and hereby acknowledged.
Property(including any improvements): Said tract or parcel of land being more fully described
by metes and bounds on Exhibit "A", which is attached hereto and incorporated herein by this
reference for all purposes.
THAT Grantor, for and the Consideration has GRANTED, BARGAINED, SOLD and
CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY Grantee the
Property;provided,however,that this conveyance is made and accepted subject to all those certain
easements, covenants, restrictions and other matters more particularly described in Exhibit B
attached hereto and incorporated herein by this reference for all purposes ("Permitted
Exceptions").
For the same consideration, Grantor hereby conveys unto Grantee, all interest, if any, of
Grantor in any and all easements, rights and appurtenances pertaining to the Property and in any
strips and gores between the Property and abutting properties and any land lying in or under the
bed of any street, alley, road or right-of-way, open or proposed, abutting or adjacent to the
Property; provided, however, this conveyance pursuant to this paragraph is made subject to all
SPECIAL WARRANTY DEED PAGE 1 OF 7
2021 -2021035938 07/14/2021 1:16PM Page 2 of 8
existing reservations from and exceptions to title and is made without express or implied warranty,
and all warranties that might arise by common law and the warranties in §5.023 of the Texas
Property Code(or its successor)are hereby expressly excluded.
Reservations from Conveyance: None
GRANTEE ACKNOWLEDGES THAT GRANTEE HAS INDEPENDENTLY AND
PERSONALLY INSPECTED THE PROPERTY AND THAT GRANTEE HAS PURCHASED
THE PROPERTY BASED UPON SUCH EXAMINATION AND INSPECTION. GRANTEE
ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY IN "AS-IS,
WHERE-IS" CONDITION "WITH ALL FAULTS" AS OF THE CLOSING AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES,REPRESENTATIONS
OR GUARANTEES, EITHER EXPRESS OR IMPLIED, FROM ANY OF THE GRANTOR
AND ITS PARTNERS, SHAREHOLDERS, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, TRUSTEES AND BENEFICIARIES ('THE "GRANTOR INDEMNITEES").
GRANTEE,ON BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS, INCLUDING
WITHOUT LIMITATION, ANY SUBSEQUENT OWNER OF THE PROPERTY OR ANY
PORTION THEREOF, WAIVES ALL CLAIMS AGAINST AND RIGHT TO RECOVER
FROM, RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS
THE GRANTOR INDEMNITEES FROM ANY AND ALL PRESENT OR FUTURE
DEMANDS, CLAIMS, LEGAL OR ADMINISTRATIVE PROCEEDINGS, LOSSES,
LIABILITIES, DAMAGES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS OR
EXPENSES, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, ARISING FROM
OR RELATING TO:(I)THE PROPERTY'S CONDITION,FITNESS FOR ANY PARTICULAR
PURPOSES, SUITABILITY, OR MERCHANTABILITY, (II) THE STRUCTURAL
INTEGRITY OF AND/OR ANY DEFECTS IN THE IMPROVEMENTS OR THE PROPERTY,
(III) THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION, DATA,
MATERIALS OR CONCLUSIONS CONTAINED IN ANY INFORMATION PROVIDED
GRANTEE, (IV) THE FAILURE OF THE PROPERTY TO COMPLY WITH ANY LAWS
APPLICABLE TO THE PROPERTY, (V) THE ENVIRONMENTAL CONDITION OF THE
PROPERTY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR ALLEGED
PRESENCE OF ASBESTOS,RADON OR ANY HAZARDOUS MATERIALS OR HARMFUL
OR TOXIC SUBSTANCES IN, ON, UNDER OR ABOUT THE PROPERTY, INCLUDING
WITHOUT LIMITATION ANY CLAIMS UNDER OR ON ACCOUNT OF (A) THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
ACT OF 1980, AS THE SAME MAY HAVE BEEN OR MAY BE AMENDED FROM TIME
TO TIME, AND SIMILAR STATE STATUTES, AND ANY REGULATIONS
PROMULGATED THEREUNDER, (B)ANY OTHER FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, NOW OR HEREAFTER IN EFFECT, THAT
DEALS WITH OR OTHERWISE IN ANY MANNER RELATES TO, ENVIRONMENTAL
MATTERS OF ANY KIND, (C)THIS AGREEMENT,OR(D)THE COMMON LAW,OR(VI)
ANY OTHER WARRANTY OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM
GRANTOR OR ANY OTHER PARTY ON BEHALF OF GRANTOR. GRANTEE HAS
CONDUCTED AND IS RELYING EXCLUSIVELY UPON ITS OWN INDEPENDENT
INVESTIGATION IN THE EVALUATION OF THE PROPERTY. GRANTEE ASSUMES ALL
RISKS RELATING IN ANY MANNER TO THE PROPERTY OR ANY DEFECTS THEREIN,
SPECIAL WARRANTY DEED PAGE 2 OF 7
2021 -2021035938 07/14/2021 1:16PM Page 3 of 8
IF ANY, OF ANY TYPE OR NATURE WHATSOEVER, AND SHALL BE SOLELY AND
COMPLETELY RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND EXPENSES IN
CONNECTION THEREWITH. FOR PURPOSES HEREOF, THE TERM "HAZARDOUS
MATERIALS" SHALL MEAN ANY SUBSTANCE, CHEMICAL, WASTE OR MATERIAL
THAT IS OR BECOMES REGULATED BY ANY FEDERAL, STATE OR LOCAL
GOVERNMENTAL AUTHORITY BECAUSE OF ITS TOXICITY, INFECTIOUSNESS,
RADIOACTIVITY, EXPLOSIVENESS, IGNITABILITY, CORROSIVENESS OR
REACTIVITY, INCLUDING,WITHOUT LIMITATION,ASBESTOS OR ANY SUBSTANCE
CONTAINING ASBESTOS, THE GROUP OF COMPOUNDS KNOWN AS
POLYCHLORINATED BIPHENYLS, FLAMMABLE EXPLOSIVES, OIL, PETROLEUM OR
ANY REFINED PETROLEUM PRODUCT. THE PROVISIONS OF THIS PARAGRAPH
SHALL SURVIVE THE EXECUTION AND DELIVERY OF THIS SPECIAL WARRANTY
DEED AND SHALL CONSTITUTE COVENANTS RUNNING WITH THE LAND AS TO THE
PROPERTY BINDING UPON GRANTEE, ITS SUCCESSORS AND ASSIGNS, INCLUDING
WITHOUT LIMITATION,ANY SUBSEQUENT OWNER OF THE PROPERTY.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and
Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the title to the Property unto Grantee, its successors and assigns,against
every person whomsoever lawfully claiming or to claim the Property or any part thereof, by,
through or under Grantor,but not otherwise; subject,however,to the Permitted Exceptions.
Grantee assumes and agrees to pay standby fees, taxes, and assessments by any taxing
authority for the year 2021 and subsequent years, and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership.
EXECUTED effective as of the ! day of July, 2021.
GRANTOR:
Old DominionFreight Line,I I c.,a Virginia Corporation
By. /f A
Name: C.E. •verbey, J Or-
Title:
r-
Title: Sr.VP-Strategic D- - epment
SPECIAL WARRANTY DEED PAGE 3 OF 7
2021 -2021035938 07/14/2021 1:16PM Page 4 of 8
STATE OF NORTH CAROLINA §
COUNTY OF DAVIDSON §
This instrument was acknowledged before me on July cr;2021,by C.E. Overbey,Jr., Sr.
VP-Strategic Development of Old Dominion Freight Line, Inc., a Virginia Corporation, on behalf
of said company.
1-.CR 4,A, Tracy Cra L ford
4z- RNOTARYO, Notary Public, State of North Carolina
Pueuc
• My Commission •.
�Pires
Nov.14,2024 U
"as \•
SPECIAL WARRANTY DEED PAGE 4 OF 7
2021 -2021035938 07/14/2021 1-16PM Page 5 of 8
EDIT A
BEING A TRACT OF LAND LOCATED IN THE ENRIQUEZ VILLAREAL SURVEY,
ABSTRACT No. 1, NUECES COUNTY, TEXAS, BEING A PORTION OF LOT 1,
MARGARET KELLY LAND, ACCORDING TO THE PLAT RECORDED IN VOLUME 8,
PAGE 40, MAP RECORDS,NUECES COUNTY, TEXAS (M.RN.C.T.),AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/z"IRON ROD SET WITH A CAP STAMPED"WIER*ASSOC INC"IN
THE SOUTH RIGHT-OF-WAY LINE OF BEAR LANE(A 60 FOOT RIGHT-OF-WAY),SAID
IRON ROD BEING THE NORTHEAST CORNER OF A 20 FOOT RIGHT-OF-WAY
DEDICATION SHOWN ON THE PLAT OF LOT 1,BLOCK 1,INDUSTRIAL TECHNOLOGY
PARK UNIT 4, AN ADDITION TO THE CITY OF CORPUS CHRISTI,NUECES COUNTY,
TEXAS,RECORDED IN VOLUME 68,PAGE 505,M.RN.C.T.,FROM WHICH A 5/8"IRON
ROD FOUND WITH A 2"ALUMINUM CAP BEARS S 88 °37'09"W,653.01 FEET;
THENCE N 88 °37'09" E, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID BEAR
LANE, A DISTANCE OF 653.59 FEET TO A 'A " IRON ROD SET WITH CAP STAMPED
"WIER & ASSOC INC", SAID IRON ROD BEING THE NORTHWEST CORNER OF A 20
FOOT RIGHT-OF-WAY DEDICATION SHOWN ON THE PLAT OF INDUSTRIAL
TECHNOLOGY PARK UNIT 1, AN ADDITION TO THE CITY OF CORPUS CHRISI,
NUECES COUNTY,TEXAS,RECORDED IN VOLUME 46,PAGE 105,M.RN.C.T.;
THENCE S O1 °11'03" E, ALONG THE WEST LINE OF BLOCK 2 OF SAID INDUSTRIAL
TECHNOLOGY PARK UNIT 1,AT A DISTANCE OF 20.00 FEET PASSING A 1"IRON PIPE
FOUND,BEING THE NORTHWEST CORNER OF LOT 1,BLOCK 2,OF SAID INDUSTRIAL
TECHNOLOGY PARK UNIT 1,AT A DISTANCE OF 1027.69 FEET PASSING A 5/8"IRON
ROD FOUND, BEING THE SOUTHWEST CORNER OF LOT 2 AND THE NORTHWEST
CORNER OF LOT 3 OF SAID BLOCK 2, INDUSTRIAL TECHNOLOGY PARK UNIT 1,
CONTINUING IN ALL A TOTAL DISTANCE OF 1303.46 FEET TO A 5/8" IRON ROD
FOUND WITH A 2"ALUMINUM CAP, FROM WHICH A 5/8" IRON ROD FOUND BEARS
S 01 °11'03" E, 122.53 FEET, SAID IRON ROD BEING THE SOUTHWEST CORNER OF
SAID LOT 3,BLOCK 2, INDUSTRIAL TECHNOLOGY PARK UNIT 1;
THENCE S 88°37'09"W,DEPARTING THE WEST LINE OF SAID BLOCK 2,INDUSTRIAL
TECHNOLOGY PARK UNIT 1, A DISTANCE OF 653.52 FEET TO A 5/8" IRON ROD
FOUND WITH A CAP STAMPED "BASS & WELSH", SAID IRON ROD BEING THE
SOUTHEAST CORNER OF SAID LOT 1, BLOCK 1, INDUSTRIAL TECHNOLOGY PARK
UNIT 4;
THENCE N 01 011'14" W, ALONG THE EAST LINE OF SAID LOT 1, BLOCK 1,
INDUSTRIAL TECHNOLOGY PARK UNIT 4,AT A DISTANCE OF 1283.46 FEET PASSING
A 1A" IRON ROD SET WITH A CAP STAMPED "WIER&ASSOC INC", SAID IRON ROD
BEING THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1, INDUSTRIAL
TECHNOLOGY PARK UNIT 4, CONTINUING IN ALL A TOTAL DISTANCE OF 1303.46
FEET TO THE PLACE OF BEGINNING AND CONTAINING 19.556 ACRES (851,877
SQUARE FEET)OF LAND,MORE OR LESS.
SPECIAL WARRANTY DEED PAGE 5 OF 7
2021 -2021035938 07/14/2021 1:16PM Page 6 of 8
EXHIBIT B
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,together
with all rights,privileges, and immunities relating thereto, appearing in the Public Records or
not.
Any title or rights asserted by anyone, including, but not limited to, persons, the public,
corporations, governments or other entities,
a.to tidelands,or lands comprising the shores or beds or navigable or perennial rivers and streams,
lakes,
bays, gulfs or oceans,or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government,or
c.to filled-in lands, or artificial islands, or
d.to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of
access to that area or easement along and across that area.
All interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other
rights relating thereto as set forth in deed dated Aug. 21, 1962, from Eleanor M. Kelly,to Sisters
of Divine Providence, Our Lady of the Lake Convent,by virtue of conveyance of"Surface Estate
Only" Recording No.: 606882,Volume 972, Page 356,Deed Records of Nueces County, Texas.
Said mineral interest not traced subsequent to the date of the above-cited instrument.
Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights
relating thereto as set forth in instrument from Eleanor M. Kelly,to Sisters of Divine Providence,
Our Lady of the Lake Convent Recording No.: 198868, Volume 340, Page 593, Oil and Gas
Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the
above-cited instrument.
Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights
relating thereto as set forth in deed dated April 30,2014,from Congregation of Divine Providence,
Inc.,to Cameron International Corp. (contains a "suface use waiver")
Recording No.: 2104016323, Official Public Records of Nueces County,Texas.
Said mineral interest not traced subsequent to the date of the above-cited instrument.
Right of Way Easement for county road and appurtenance purposes dated March 4, 1953, from
Eleanor Kelly, to Nueces County, recorded at File No. 378406, Volume 601, Page 448, Deed
Records of Nueces County, Texas. (Blanket)
Roads, streets, easements, dedications and other matters set forth in the plat of Margaret Kelly
Land, recorded in Volume 8, Page 40, Map and Plat Records of Nueces County, Texas.
SPECIAL WARRANTY DEED PAGE 6 OF 7
2021 -2021035938 07/14/2021 1:16PM Page 7 of 8
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a
document:
Granted to: Hanlon Pipe Line Company
Purpose: Pipe line and appurtenance purposes
Date: March 30, 1939
Recording No: 138227,Volume 248, Page 168, Deed Records of Nueces County, Texas.
Affidavit of Non-Production and Non-Payment of Royalties and Rentals by Cameron International
Corporation, filed March 25, 2019, recorded at Document No. 2019011170, Official Public
Records of Nueces County, Texas.
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a
document:
Granted to: The City of Corpus Christi, Texas
Purpose: Utilities and appurtenance purposes
Recording Date: September 18, 2015
Recording No: 2015037065, Official Public Records of Nueces County,Texas. (Defined)
Shown and noted on survey dated May 21, 2021, by Wier&Associates, Inc,prepared by Aaron
Stringfellow,Registered Professional Land Surveyor Number 6373, Job No. 21018
Any portion of the insured property lying in Bear Lane.
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a
document:
Granted to: Amsco Pipe Line Company
Purpose: Pipeline and appurtenance purposes
Date: February 17, 1939
Recording No: (Blanket)183766,Volume 285,Page 630, Deed Records of Nueces County,
Texas.Examiner's note - This pipline was referenced and shown on the plat of Lot 1, Block 1,
Industrial
Technology Park Unit 4,recorded in Volume 68,Pages 505-506,Map and Plat Records of Nueces
County,Texas.
Any rights, interests, or claims which may exist or arise by reason of the following matters
disclosed by survey,Job No.: 21018
Dated: May 21, 2021
Prepared by: Aaron Stringfellow, Registered Professional Land Surveyor Number 6373
Matters shown: Encroachment and/or protrusion of West fence as shown
SPECIAL WARRANTY DEED PAGE 7 OF 7
2021-2021035938 07/14/2021 1:16 PM Page 8 of 8
Nueces County
Kara Sands
Nueces County
Clerk
Instrument Number: 2021035938
eRecording-Real Property
DEED
Recorded On: July 14, 2021 01:16 PM Number of Pages: 8
" Examined and Charged as Follows: "
Total Recording: $45.00
STATE OF TEXAS
- 1Y coo,„, NUECES COUNTY
`-14. , I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
`J. ''Sia printed hereon,and was duly RECORDED in the Official Records of Nueces County,Texas.
, 44
f yi`of NU£C�5= Kara Sands
Nueces County ClerkA<RALI__
Nueces County,TX
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2021035938 CSC
Receipt Number: 20210714000167 2411 Centerville Road, Suite 400
Recorded Date/Time: July 14, 2021 01:16 PM
User: Margarita S Wilmington DE
Station: CLERK01
SOUTHEASTERN
JLLEAIJR1 4JALl��
FREIGHT LINES,INC.
ry
'\ ob, 0'
SEFL/Corpus Christi, LLC
PO Box 1691
Lexington, SC 29202
October 20,2021
RE: CORPORATE RESOLUTION REGARDING PUBLIC WORKS DEFERMENT AGREEMENT
Industrial Technology Park Unit 4, Block 2, Lots 1 &2
To Whom May it Concern:
SEFL/Corpus Christi, LLC Authorizes this Public Works Deferment Agreement with the City of
Corpus Christi in order to obtain a building permit and start construction prior to completing the Public
Works and Recordation of the Approved Final Plat as it relates to the Industrial Technology Park Unit 4,
Block 2, Lots 1 &2.
Sincerely,
Ryan Smigiel
Manager—SEFL/Corpus Christi, LLC
Real Estate Department P.O. Box 1691 29202-1691 (803)794-7300 fax: (803)739-5394 www.sefl.com
•
Nueces County
Kara Sands
Nueces County Clerk
*VG-i50-2021-2021062115*
Instrument Number: 2021062115
Official Public Records
AGREEMENT
Recorded On: November 29, 2021 01:16 PM Number of Pages: 28
" Examined and Charged as Follows: "
Total Recording: $125.00
,,,,,,, STATE OF TEXAS
-D�NtY COUq�� Nueces County
1* �, *Ili I hereby certify that this Instrument was filed in the File Number sequence on the date/time
c, ��� y; printed hereon,and was duly recorded in the Official Records of Nueces County,Texas
io r/\a Q%
y�, y��/ Kara Sands
Nueces County Clerk *P,A0— , CL"c174--)
Nueces County, TX
I
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2021062115 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20211129000155 2406 LEOPARD STREET
Recorded Date/Time: November 29, 2021 01:16 PM
User: Lisa C CORPUS CHRISTI TX 78408
Station: CLERK03