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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,,, :".:`` ..,, ''''''. 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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