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HomeMy WebLinkAboutO-2020-IDA-77 North Bayport Industrial Park II, LTD ORDINANCE NO. 2020-IDA-77 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT INDUSTRIAL PARK II, LTD, A TEXAS CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. North Bayport Industrial Park II, Ltd., a Texas corporation has executed an industrial district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED and APPROVED, this 11th day of November, 2019. CITY OF 's -TE TEXAS `►i Louis R. 'igby, a or ATTEST: lb.!. id Le= oodward, C e - - APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney NO. 2020 IDA- T1 STATE OF TEXAS ' COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY" , and ,/0, t /3A/fU " /NDWSi f/*t.. PA/2g61022 , a "T s corporation, hereinafter called "COMPANY" , WITNESSET H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 , designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas" , and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas" , hereinafter collectively called "District" , such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42 . 044 , Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land" ) ; and said Land being more particularly shown on a plat attached as Exhibit "B" , which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows : I . City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, 1) any portion of Land constituting a strip of land 100 ' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof, 2) intermodal shipping containers (including but not limited to freight and tank containers) placed on Land belonging to Company shall be permitted to be stacked only two containers in height within the 100 ' wide portion of Company' s Land contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 ; beyond said 100' wide strip, intermodal shipping containers shall be eligible to be stacked one additional container in height within and for each successive 100' wide portion of Company' s Land behind and following the preceding 100' wide strip, up to a maximum of six containers in height, regardless of distance from Fairmont Parkway, State Highway 225, or State Highway 146 ; and 3) it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement . II . In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S .B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended) , the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be 2 determined by the Harris County Appraisal District . The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City' s expense, by an independent appraiser of City' s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes . III . A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property" ) ; provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec . 11 . 31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing " in lieu of taxes" hereunder. B. On or before the later of December 31, 2020, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2031, Company shall pay to City an amount of " in lieu of taxes" on Company' s Property as of January 1st of the current calendar year ( "Value Year" ) . C. Company and City agree that the following percentages ( "Percentage Amount" ) shall apply during each of the Value Years : Value Year 2020 : 64% Value Year 2021 : 64% Value Year 2022 : 64% Value Year 2023 : 64% Value Year 2024 : 64% Value Year 2025 : 64% Value Year 2026 : 64% Value Year 2027 : 64% Value Year 2028 : 64% Value Year 2029 : 64% Value Year 2030 : 64% Value Year 2031: 64% Company agrees to pay to City an amount of "in lieu of 3 taxes" on Company' s land, improvements and tangible personal property in the unannexed area equal to the sum of : 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company' s Land and improvements which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2 , below applies) , had been within the corporate limits of City and appraised each year by City' s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2 . (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2019, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation) , for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) , where construction is completed in Value Years 2020 through 2031, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City' s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code . The eligible period for application of said thirty percent (30%) " in lieu" rate shall be for a total of six (6) Value Years . In the case of new construction which is completed in Value Year 2028 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Thirty percent (30%) valuation under this subparagraph (a) , for a total of six (6) Value Years, but not extending beyond Value Year 2034 . In the case of new construction which was completed in Value Years 2016 through 2019 in accordance with the previous Industrial District Agreement between City and Company, such .new construction shall be subject to a Twenty percent 20%) valuation through Value Year 2022, and a 4 Thirty (30%) valuation for any additional Value Years beyond Value Year 2022, for a total of six (6) Value Years . (b) Application of the thirty percent (30%) " in lieu" rate for Substantial Increase in value of the Land, improvements, and tangible personal property dedicated to new construction is limited to new construction purposed for or related to manufacturing and processing uses . In no case shall Company be entitled to application of the thirty percent (30%) " in lieu" rate for Substantial Increase in value of the Land, improvements, and tangible personal property dedicated to new construction where the new construction is purposed for or related to uses for warehousing, storage, distribution, and/or general freight trucking and transportation, as well as general commercial uses, such as truck stops, rental facilities, or repair shops . (c) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2 (a) above, is defined as an increase in value that is the lesser of either: i . at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2019 ; or ii . a cumulative value of at least $3 , 500, 000 . 00 . For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value . (d) If existing Property values have depreciated below the Property value established on January 1, 2019, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2019, value; and 3 . Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company' s tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory) , oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, 5 (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies) , had been within the corporate limits of City and appraised each year by the City' s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City' s ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District . 4 . Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11. 251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement . Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11. 253 of the Texas Property Tax Code) , such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes . 5 . City and Company acknowledge circumstances might require the City to provide emergency services to Company' s Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services . If Company is not a member of Channel Industries Mutual Aid Association (CIMA) , Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company' s property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2020, and continuing thereafter until December 31, 2031, unless extended for an additional period or periods of time upon mutual consent of Company and City, as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2031, the agreement of City not to annex property of Company within the District shall terminate . In that event, City shall have the right to commence 6 immediate annexation proceedings as to all of Company' s property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Local Government Code Section Chapter 42 . 044 "Creation of Industrial District in Extraterritorial Jurisdiction" , or Texas Local Government Code Chapter 43 "Municipal Annexation" , is amended, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said laws as the same existed on January 1, 2019 . V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI . A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI (B) , Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company' s hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs . B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company) , Company shall, 7 within twenty (20) calendar days of receiving City' s invoice, give written notice to the City of such disagreement . In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement . Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company' s hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company' s property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company' s written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1 . A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U. S . District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator" ) shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company' s property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable . That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration" , Texas Civil Practice and Remedies Code) . Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees . VII . 8 City shall be entitled to a tax lien on Company' s above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes . VIII . This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company' s successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement . X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company' s business activities . Without such agreement neither party hereto would enter into this Agreement . In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI . 9 Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII . Notices by a party to the other party hereto, shall be mailed or delivered as follows : To the City of La Porte : City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: (COMPANY) Attention: TUFFU COMPANY. INC.Department 2245 W. 190th Street Torrance,CA 80504 Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address . Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name: Address : TUFFLI COMPANY, INC. 2245 W. 190th Street Phone: Fax: Torrance,CA 90504 Email : Tax Agent/Billing Contact Name : Address : TUFFLI COMPANY, INC. 9245 W. 190th Street Phone : Fax: Torrence,CA 90504 Email : ENTERED INTO effective the 1st day of January, 2020 . (COMPANY) BY /C /., Name: r ..._•ate Title: \/ ' Address: 4/5 U/, R t (4T01 , /0601 10 I CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT i 1A notary public or other officer completing this certificate verifies only the identity of the individual who signed I ithe document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. I !STATE OF CALIFORNIA } (COUNTY OF I..r .- A.,vG457Lr - } On Q9/ 1 /g before me, X..., NAS vZ-. Z.,..L..„r-___.) Notary }Public, j Date (here insert name and title of the officer) !personally appeared >o,., E.,..,,S L Cf. -/ I who proved to me on the basis of satisfactory evidence to be the person whose name( is/,fe (subscribed to the within instrument and acknowledged to me that he/s'(e/thy executed the same Iin his/h /t ,r authorized capatdty(i , and that by his/l r/t1 it signature on the instrument (the person), or the entity upon behalf of which the person acted, executed the instrument. u }II certify under PENALTY OF PERJURY under the laws of the State of California that the ;{ !foregoing paragraph is true and correct. ili WITNESS my hand and official seal. ! F RONDAL J.ItOLLINII ���""" A- Notary Public-California j T : Los Angeles County p ti ' ''� "'s'o Commission#2257021 �$ My Comm.Expires Sep 27,2022 • ±Signature. :1) I;l OPTIONALio iii rl Description of Attached Document i`- f= 1Title Num Il or Type of Document:a .q A 4" er of Pages: /l ill 1 /JO L ,),e7- _=,)00_0772441._— il 1 =...,001.-- 1 !Document Date: /�/o2l�fo?.97/9 Other: ; a ;! it ;,c)15 Apostille Service.707-992-5551 www.Californ Apostille.us California Mobile Notary Network wwsw.CAMNN.com i _.V__ • AT ) ST: CITY O1 =41'TE, TEXAS 4 , -id 1►! A By: Ci Secre ary _ Louis R. Rigay Ma •- APPROVED: Di2 _Y/Lu./.6 t4a,. By: Knox W. Askins Corby D Alexan er City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE, TEXAS La Porte, TX 77572-1218 604 West Fairmont Parkway 281 .471 . 1886 La Porte, TX 77571 281 . 471 . 2047 fax knoxaskins@comcast.net STATE OF TEXAS ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the ! day of , 2 0 , by of corporation, a corporation, on behalf of said entity. Notary Public, State of Texas 11 STATE OF TEXAS ' COUNTY OF HARRIS ' his instrument was acknowledged before me on the l}� day of i\)0\Xr( ds' , 200, by Louis R. Rigby, Ma .r of the City of La Porte, a municipal corporation, of be a .f of said entity. N. .ary Public, State of Texas LEE WOODWARD "i NOTARY PUBLIC * * STATE OF TEXAS %of MY COMM.EXR 2/19/21 NOTARY ID 12681012-9 12 "EXHIBIT A" (Metes and Bounds Description of Land) 13 NORTH BAYPORT INDUSTRIAL ACCOUNT 311800030005 2ESS 0 PRIVATE STREETS PASADENA,TX 77507 OWNER NORTH BAYPORT INDUSTRIAL TAX YEAR 2019 KEY MAP 579E TOTAL APPRAISED 149420 VALUE LEGAL DESCRIPTION 1 ROW- PRIVATE STREETS LEGAL DESCRIPTION 2 BAYPORT NORTH INDUSTRIAL PARK II LEGAL DESCRIPTION 3 LEGAL DESCRIPTION 4 TO NORTH BAYPORT INDUSTRIAL MAIL ADDRESS 2245 W 190TH ST TORRANCE, CA 90504-6001 UPDATED I OCTOBER 2019 - 1311800030005 X Q Show search res:,is for 13118... - .- ❑ X NORTH BAYPORT INDUSTRIAL 0 c a ACCOUNT 1311800030005 0 -a ADDRESS 0 PRIVATE c STREETS PASADENA, TX LL 77507 OWNER NORTH BAYPORT INDUSTRIAL t TAX YEAR 2019 KEY MAP 579EI • v I TnTAI I Zoom to ••• c O. ro a • New e DiveDecade Drive 1 � II I I NORTH BAYPORT INDUSTRIAL PARK II LTD ACCOUNT 1311800030007 DRESS 0 NEW DECADE DR PASADENA,TX 77507 OWNER NORTH BAYPORT INDUSTRIAL PARK II LTD TAX YEAR 2019 KEY MAP 579F TOTAL APPRAISED 108516 VALUE LEGAL DESCRIPTION 1 RES F2 BLK 3 LEGAL DESCRIPTION 2 (INDUSTRIAL) LEGAL DESCRIPTION 3 BAYPORT NORTH INDUSTRIAL PARK II LEGAL DESCRIPTION 4 IL TO NORTH BAYPORT INDUSTRIAL PARK II LTD MAIL ADDRESS 2245 W 190TH ST TORRANCE, CA 90504-6001 UPDATED OCTOBER 2019 1311800030007 X Q Show search resutts for 13118... ❑ X NORTH BAYPORT INDUSTRIAL PARK II ^ LTD ACCOUNT 1311800030007 ADDRESS 0 NEW DECADE DR PASADENA,TX 77507 OWNER NORTH BAYPORT INDUSTRIAL PARK II LTD TAX YEAR 2019 V I KEY MAP I 579F Zoomto ••• J NORTH BAYPORT INDUSTRIAL PARK II LTD ACCOUNT 1311800030009 RESS 0 NEW DECADE DR PASADENA,TX 77507 OWNER NORTH BAYPORT INDUSTRIAL PARK II LTD TAX YEAR 2019 KEY MAP 579F TOTAL APPRAISED 396944 VALUE LEGAL DESCRIPTION 1 RES F4 BLK 3 LEGAL DESCRIPTION 2 {INDUSTRIAL) LEGAL DESCRIPTION 3 BAYPORT NORTH INDUSTRIAL PARK II LEGAL DESCRIPTION 4 [ TO NORTH BAYPORT INDUSTRIAL PARK II LTD MAIL ADDRESS 2245 W 190TH ST TORRANCE, CA 90504 UPDATED OCTOBER 2019 Nir 1311800030009 X Q Show search res is fo 13118... le Drive WI D X I NORTH BAYPORT INDUSTRIAL PARK II ^ LTD ACCOUNT 1311800030009 ADDRESS 0 NEW DECADE DR PASADENA, TX 77507 OWNER NORTH BAYPORT INDUSTRIAL PARK II LTD TAX YEAR 2019 V I KEY MAP I 579F Zoom to • 1 u*. cx.tk 2!_9O7Otij309 01/1B/2007 RP2 r3 rte, .�v.�: Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: Your social security number or your driver's license number. CORRECTION SPECIAL WARRANTY DEED Date: Executed January i .2007 but effective December 4, 2006 Grantors: Tuffli Company,Inc. Grantors' Mailing Address: 2780 Skypark Drive,Suite 460 Torrance,California 90505 Grantee: North Bayport Industrial Park II,Ltd.,a Texas limited J partnership Grantee's Mailing Address: 2780 Skypark Drive,Suite 460 Torrance,California 90505 Consideration: $10 and other good and valuable consideration, the receipt of which is acknowledged. Property(including improvements and appurtenant easements,if any): 187.6711 acres, more or less out of the William M. Jones Survey; A-482, Hams county, Texas, together with: (i) all buildings, improvements and fixtures; and (ii) all rights, privileges, and appurtenances pertaining to the Property, (;) including Grantor's right, title, and interest in any minerals, utilities,adjacent streets,alleys,strips,gores,and rights-of-way. lit R Reservations from Conveyance: None in this deed. Exceptions to Conveyance and Warranty: Subject to those casements, conditions, rights-of-way, restrictions reservations and matters of record which are applicable to the Property, but only to the extent that same are applicable to and enforceable against the Property, as well as taxes for the current year which Grantee assumes and agrees to pay and subsequent assessments for the current year and prior years due to changes in land usage and ownership(subsequent to the Effective Date), or both, the payment of which Grantee assumes, subject to the agreement of Grantor and Grantee to readjust the proration of taxes when the final taxable value of the property tax rate for the year has been established. C:\Doarments and Setti ngs\CraigR\Local settings\Tcaupocary Internet Fdes1OLKA21209814.doc 010907 Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold unto Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators,and successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty. THE PROPERTY IS CONVEYED "AS LS, WHERE IS" WITH ALL FAULTS. THE GRANTOR MAKES NO REPRESENTATION OR WARRANTY (EXCEPT FOR THE WARRANTY OF TITLE IN TRILS SPECIAL WARRANTY DEED)CONCERNING THE VALUE OF THE PROPERTY, THE CONDITION OF ANY IMPROVEMENTS ON THE PROPERTY, THE ENVIRONMENTAL CONDITION OF THE PROPERTY,THE PRESENCE OR ABSENCE OF ANY HYDROCARBONS, ASBESTOS, HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY, THE PRESENCE OR ABSENCE OF UNDERGROUND STORAGE TANKS, THE SUITABILITY OF THE PROPERTY FOR A PARTICULAR PURPOSE,THE MERCHANTABILITY OF THE PROPERTY;THE PRESENCE OR ABSENCE �• OF ANY GROUND FAULTS OR THE GEOLOGICAL CONDITION OF THE PROPERTY. THE GRANTOR MAKES NO REPRESENTATION NOR SHOULD ANY REPRESENTATION 0‘ BE IMPLIED AS A RESULT OF A COURSE OF CONDUCT OF THE GRANTOR OR GRANTEE OR DUE TO INDUSTRY USAGE AND PRACTICE. THE GRANTEE IS FAMILIAR WITH THE TYPE OF PROPERTY BEING CONVEYED. THE GRANTEE BY ACCEPTING THIS DEED WAIVES ANY RIGHT OR CAUSE OF ACTION THAT MAY ARISE UNDER THE TEXAS DECEPTIVE TRADE PRACTICES/CONSUMER PROTECTION ACT. THE GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE CONDITION OF THE IMPROVEMENTS,EVEN IF THE CONDITION OF THE IMPROVEMENTS HAS CHANGED AS A RESULT OF THE NEGLIGENCE, INTENTIONAL NEGLECT OR INTENTIONAL ACTIONS OR INACTIONS OF THE GRANTOR. THE GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY OR BY THE PRESENCE OF ANY HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY. EXCEPT FOR THIS DISCLAIMER OF WARRANTIES AND RELEASE OF CLAIMS,WHICH DO SURVIVE, ALL OTHER AGREEMENTS AND REPRESENTATIONS ARE MERGED INTO THIS DEED. THE GRANTEE ACKNOWLEDGES TO THE GRANTOR THAT IT HAS BEEN GIVEN AN ADEQUATE OPPORTUNITY TO INSPECT THE PROPERTY AND HAS DETERMINED TO RELY SOLELY ON ITS OWN INSPECTION OF THE PROPERTY AND NOT ON ANY STATEMENTS OF THE GRANTOR OR ANY AGENT OR REPRESENTATIVE OF THE GRANTOR. The term"Hazardous Materials" means any substance(a)the presence of which requires reporting, investigations, or remediation under any current federal, state or local statute, regulation or ordinance, or (b) which are currently defined as ha7nrdous substances, toxic substances, regulated substances, pollutants, or contaminants under any current federal, state or local statute, regulation or ordinance,including hydrocarbons and asbestos. C:1Documeats and Settings\CaaigR1Loca1 Settings\Temporary Internet Fiies1OLKA21209814.doc 010907 • When the context requires,singular nouns and pronouns include the plural. This Correction Special Warranty Deed is executed to add the word "Ltd." to the name of the Grantee. No other change has been made. Tuffli Comp'. � " by� Don L.Tuffli..P.- dent EXHIBIT LIST: Exhibit A Property Description • THE STATE OF CALIFORNIA § • ;,1 COUNTY OF LOS ANGELES § This instrument was acknowledged before me on the q • day of January 2007 by Don L. Tuffli,President of Tuffli Company,Inc. -P,,r,]} IftVt c XAY1 NotaryPublic, State of eiri r h th Return to: /6"/ J.M.Little F tDEsROSE M• , BELMONE •, s . Commission*141156) f,. Attorney at Law,P C * Notary Public -California 5718 Westheimer, Suite 1840 to Angeles County Houston,Texas 77057l} - • mh'C°` '-@Ores AlDr 15.2007 • C:1Documenis and Sdlings\CraigR\l I Settingslfcmporary Internet Files\OL.KA21209S14.doe 010907 EXHIBIT A PROPERTY DESCRIPTION ti) 2 Ai cia C: meats and SettingsCraigR Local Settings\Temporary Interne Files1OL KA21209814.doc 010907 EXHIBIT A METES&BOUNDS DESCRIPTION 187.6711 ACRES OUT OF THE WILLIAM M.IONES SURVEY,A-482 HARRIS COUNTY,TEXAS All that certain 187.6711 acres of land out of the William M. Jones Survey,A-482,Harris County,Texas and being more particularly described by metes and bounds as follows(all bearings are based on the City of La Porte Survey Monumcntation&Mapping Program): BEGINNING at a found 518"iron rod with cap marked No_ 2764 located in the most westerly line of a 230'.Harris County Flood Control.District Fee Strip as recorded in Volume 8260,Page 124 Harris County Deed Records at its intersection with the south right-of-way line ofFaiimont Parkway(250'wide),from which the .City of La Porte Survey Marker No. LPSM 99, having State Plane Coordinates X3,241,150.119,Y-681,564.919 bears S 86°46'20"W—5,049.08'; THENCE S 07° 16' 23"E— 1,125.31', with the west line of said 230' Harris County Flood Control District Fee Strip,to a found 5/8"iron rod with cap marked No.2765 for angle point; +ui THENCE S 34° 59' 04"E— 809.94', continuing with the west line of said 230' Harris County Flood Control District Fee Strip,to a set 5/8"iron rod with cap for corner; THENCE S 55°00' 56"W—59.3T to a set 518"iron rod with cap marking the Point of Curvature of a curve to the left having a central angle of 58°36' 05",a radius of 687.00',a chord bearing of S 25°42' 53"W,a chord distance of 672,43'; THENCE in a southerly direction with said curve for an arc distance of 702.66'to a set 5/8"iron rod with cap for comer, THENCE S 87°27'55"W-3,391.55',with the south line of the said William M.Jones Survey,to a set 5/8"iron rod with cap; THENCE N 010.56' 14" W — 2,305.67', 98' east and parallel with the east right-of-way line of Underwood Road(50'wide),according to the plat thereof filed at Film Code No. 437010,Harris County Map Records, to a set 5/8" iron rod with cap located in the south right-of-way line of said Fairmont Parkway at its intersection with the west end of a 20'cut back line; THENCE N 38°06'56"E—30.62',with the said cut back line,to a set 5/8"iron rod with cap for corner marking a point on a curve to the right having a central angle of 08°34'41",a radius of 5,920.79,a chord bearing of N 82°33' 16"E,a chord distance of 885.60'; THENCE in an easterly direction of said curve of Fairmont Parkway right-of-way an arc distance of 886.42'to a found 5/8"iron rod.for comer, THENCE N 86°50'09"E—2,028.04',with said south right-of-way of Fairmont Parkway to a found 5/8" iron rod for angle point; THENCE N 86° 59' 50" E—278.16',to the POINT OF BEGINNING and containing 187.6711 acres (8,174,954 square feet)of land,more or less. Compiled from survey by: PREJEAN& COMPANY,INC. Surveying/Mapping • 256-4-9bp2.mb November 9,2006 Revised:November 15,2006 • (The rest of this page intentionally blank) ANYP UCH! *WI Patl:KISDESH1,Mirk,CRlbECFkfDECREED RR_ PROPOKIYEECK6ECFOa%CRSURE5 WU MOX- FKENRUMIM THE STATE OF TEXAS COUNTY OF HARRIS w.y I tett oagy bat Nsi uast FM)la lit miler Sopaaadb•ddbe r Oval bone tiKudos**RECORCED.biiOWIRffc(by iflid P /Nat C"` JAN 1 8 2007 COUNTY CLEM( ° k HARRIS COUNTY.?MS r 4.0 1'v .1pr; Ht 20 D ? o 7) ?\ co t~ n -+tet : • "EXHIBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte. ) 14 alllimmam y1.x, 6153A9 58.21 $9s 12 o° ci : y60 ' •::• 61 61 61 59.21 I 5991 r„ 11 13-11§1 6o° 30 1 ' IPIIP k , 11 3 4 s &o 's cf 8 0 ,6�. 5,� a� 6° ' 6033 Z ?; = �,����' ;.'-Gp ' w•-'6")::: o ��° 8 rCCO S6 p3�t 55' 12 60 �DD�c w?5 ')sp W .1,,„69 rV 23�p '5 _ �y 77v • �:" Harris C42 ,3 ea N 1 5691 SB. y3.•R ''jjam� t 6 s CAg1• 610 BI c 61 ,.691207 63.5 83.M 7.N 16.66 12 51j9 3 -Zn 3' es, 0°� 24.t9 1Y➢Ilj g1 ee 60 60 60 W 69.69 59.13 "03 53.09 3 Y V fe cJ� 53' �4 o V�3 ,,ON 6�3,40� ;6`� 1° 5 45 44 43 42 41 } 3 53,33 �° N "UW 31 ,*'46' Njo 1 X7,,40, e rm mcto "os't 63, �3 • ?d0 1"' °06 `ia d l County , o o' ~ $� 43 631 63! �� 1 g03e 6 x►�l• atmos 66 1110 . , fAppraisal U rl �/ 63. f ! °8 a'4 80 ROGKY HOLLOW ROAD �, ; . 6 a 'X62 61 N� N5 $a�' A p p ra S a i 60 60 BO B 61.1 83.1 83.1 3 93 3 59.3 ]] _.,,i 'aCJ° -•J"- 61�' 1,G� -.lJT1S 6 O_\ , 69.3 J $ .:. 6163 35 i;� CT 1 ( `v 91�° ry1, . so, District 60 60 60 60 9 51. 53.3 59.3 59'9 O y' 0 :, �\ 3� `7 4 1tT,+ 4 6 7 g I $ N 4 'o •` 6'. x5,,e r R A U" t sr, n $ -:fp.) -_�_� 6295 16 t 06 1o*.'b �� �i if P..1 ' •M c o 1n tLN ��0 n' t� _'f� •o = cco�- `w o 62 5s 1 3 S ((/1 • BO 60 60 g 80 954 5 62.65 62.63 N62.9 •5 10.06 ` „0 d.$ 1° �U m 95 O �/, x53:;6 Sx `1ovION r PARK WEST " ��b� ?�N 7t� s11 1 2 �/-� '�`�`{Cd 85]Billig1 lilt 'Vii 4 rr • • ,, /4M 0 , ^0.� , 10616 ,�• / Cn W' 3V`.(`\'W & CJS fl:, 01 2 N ^t • .12 g `s V„ 110 `L' 1 �+ Z * y ?0 �� ,99 Texas E' 13C-5 13A-330 �ri uu 01 50 100 � ��24 � �{ .Y �0.06 � 109.09 � 200 ® as ggQ g p Feet 0 5 $ 7 11.7, $$1 0864 AU PUBLICATION DATE: 4/16/2019 M ,� g11pp C re3 g 1 !,-PAA F D7b r Geospatial or map tlata in 043-148-000-0256 5 005 " (11 8 30 3 ^ 5 D7b g maintained by the Harris p 13C-4 o 150 t R no • County Appraisal District N 10.0000 AC. g Licar! sforinformationalpurposesto M 043- g 42 16 4 .13 4.5000-o-0331 a6-88a6 a . a 0 $fit S and maynothavebeenAC• 110 110110 for legalared for or be suitable • 1 egal,engineering,or 71AM g' 918 surveyingpurposes.Ituo �'>= a� D17does not represent an 11 I' n0 110 110 .• 1 on-the-ground survey and •i only represents the 130-3 PARKWAY DRIVE a• approximate location of M _ - - s • • property boundaries. 99901 „ 6 56 f 3 361 2� I MAP LOCATION 0332 �m �� �^ 066.23 8r fii bt fii 61 ]2 .� 32423 U. 142.66 l, te It* FACET nom ` ' Ti ! 6153C 2 NIB 10m ©la%%©© RES B MIC101 6 al 6153C5 6153A10 12� 5 „ ;t w� 4 gS 6 7 8 a W 27 g 4. u ^1p4 o ,' saz �S $' S $1 ® 30 70 ,y,' $ Yo-+ U a8 �8 �$ �- a AO g ,. eT- z.oery 31 Harris W .95 31.6 68.71 62.84 BB.3� 68.2 72.8? 0 i�•13 _ 15 _ 88.j1 5: 32 O 82.87 BS.BT 86 87 85.88 7618 '2'$ 811 14 b 16 ?SB.6 �R • N � a 805062 13 l2 il�� l0 9 a a o1z28 Il' ;" .�� m r° J 18 County • eki • ro .1 �� ((� e+? .S 8 �8 `� 29 �7 B.w Q O 20 of.af I% ,� LU �� Q oii- 21 Appraisal O IL 3�: 1.13 �,L 8 t3+W z.se33.3, 65,87 6Sa7 65 88 71 W 112 ,....z APP , •6) Q O� N 22 65.67 a, O .�a° +°,m PARK LANE $3 � $I 12 °O12 M16 �F TREE Q Q o cc 112 m District cn ClR 53 Q A 9 60 87.5 s se "� <J I 11-0011 12 CC E N� 16ae .� r, .„0. 2� �� iz 58 28 4„ �t 5� 6 7 37.0 R v6� 2 3 • 'x o v dna S $',', . 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's b00 8 -0008 S -I o e o 8 o Texas �c 114 694 ROSEBERRY DRIVE . g w N SEC.-6 12,2s L 7-0007 o o 0 0 50 100 200 68.5 88.5 80.5 88.5. 8618?4 35 >" 0- 5T 58 - 724.25 85 60.5 60.5 BO5 85�_ Feet as a3 42 41 40 39 38 37 36� 8 m Q APPLE TREE CIRCLE SOUTH g911oce PUBLICATION DATE: 0045 ! co1 cyg . g m ®9 S '' " oa.. 12128/2018 120.08 S cyv,; c`rvm �z COz �= cls= 4.14 3 2 •1 �` so� loo.3a - Geospatial or map data og(1•�f�5�1 r4 '� RES A 046 85 80.5 80.5 80.5 fi0.5 60.5 42 1°1.21 noon 7. b - bs b o maintained by the Harris12002 • 33 °° o a p o ':i County Appraisal District 1111m t91.n 'ig co ro is for informational purposes `'' S 128 571-003 0023 60 so_ • M and may not have been r>Vj' 3$19 RES A SB ^' -0163 8 - so - 150 el reared for or be suitable ,--Ln -0047 1.5741 AC II---193 31B ID ptoPlegal,engineering,or cD 120 RES A O 31A - surveying purposes.It 8gg2 3 • !I <G does not represent an 0046 m'I 131-175-001-0002 B1 0 on-the-ground survey and cn S o _ only represents the 120 2.8960 AC o ,zos1 RES C $.I o _ 4 t r,_ Q approximate location of 131-175-001-0004 O property boundaries. 1.5000AC 1 -0003 50 150 50 MAP LOCATION 175 3 421.71 _ •,. UNCARE-FAIRMONT PARKWAY • 120-082 VIC**�, ILLMONT COMMERCIAL PARK AMEND ® FAIRMONT PARKWAY .`,ase+� i II FACET u , /� 1II t l� '' 1 _ 27 t 516.62 6153C \I 69 s` 12 9 10 11 12 , 4 14 3 4 40338 5 6 7 8 131-180-003-0001 10.1307 AC 6153C6 6153C1 KLJ ut ° Harris County 131-180-002-0002 Appraisal 5.9035 AC 131-180-002-0001 Ei 14.8700 AC ",e District RES D2 8 .`'��d 005.21 \8/-....4.---)tai Texas RES B2 O 0 50 100 200 Feet PUBLICATION DATE: 12/28/2018 ---------------------""- Geospatial or map data I maintained by the Harris r,' Co 131-180-002-0003 o 59115 p is for infolIN informational RES E ca and may not have been in M 5.0000 AC RES B4 C—) prepared for or be suitable Lt) u) for legal,engineering,or Ci CD r surveying purposes.It does not represent an on-the-ground survey and 131-180-002-0005 only represents the 4.0000 AC approximate location of property boundaries. MAP LOCATION w > 590 16 Ili Ui �`�=, > 095 7.1 995 51 E11141. .f > RES B3 > • CL a z FACET 0 Q 6153C BAYPORT NORTH INDUSTRIAL PARK II RES E3 131-180 3 4 1 2 3 1 7 8 M 6 7 2 131-180-002-0004 11 12 9 10 11 R 19.7124 AC 6153C9 6153C2 �„ Harris County Appraisal 158.15 Slit fi81 B3 District RES D I., .0.ON/ O BAYPORT U n 4, :)4..4..i, a \I 100-515k,‘ 00 515 1 ,� SEC1 `\ 7 * Texas � ,j 0 50 100 200 Feet Ii PUBLICATION DATE: __________________ 12/28/2018 &m Geospatial or map data a maintained by the Harris County Appraisal District 4121 RES El ' in 131-180-003-0003 is for info national purposes and may not have been M14.4200 AC ',i prepared for or be suitable i Ln for legal,engineering,or CO 4111 i Ij - surveying purposes.It 131-180-003-0002does not represent an on-the-ground survey and 12.0469 AC only represents the approximate location of property boundaries. ' MAP LOCATION ri,„ ,, ...k.,... . .....m..., NIcrotwg -mil1 RES E8 s FAC ET 6153C s 4 1 2 3 4 14.o m 37G 61 - /, 8 5 7 8 itl.<i:, 12 9 10 11 12 6153C10 6153C5 Harris County Appraisal District 885.9 rA i `'� Vj j �� RI 330 v ,I�� 131-180-003-0005 ���,� .,,-.3, 8.5755 AC 7446 RES E2 IECADE DRIVE (PRIVATE) A 315 Texas 357.98 RES F1 RES F2 RES F3 RES F4 0 50 100 200 0 10322 Feet 131-180-003-00 PUBLICATION DATE: 10200 10220 131-180-003-0006 2.9148 AC 12/28/2018 131-180-003-0009 131180-003-0008 g 2,55458 AC x -0007 Geospatial or map data 131-180-003-0010 2.9220 AC(c) m 2.9179 AC maintained by the Harris N N 3.2331 AC O County Appraisal District is for informational purposes and may not have been (,) prepared for or be suitable M M for legal,engineering,or Li-) surveying purposes.It O (ID 30.23 __tp does not represent an 310.58 7948 on-the-ground survey and 359 only represents the 362 16 1. 1 �, �-- approximate location of 39691 �_ �— 11 ,___ 11 gi �/'—Fc'7" property boundaries. MAP LOCATION iT. �`+SAI ,,, ., 1992.22 4111611111011111. a II e NVI:110-Mil1 13231 gill'l 1 68K-3 FACET 68L-1 6153 C 6K1. 100-515-000-0955 sl 20.4369 AC 7 8 5 6 7 11 12 A 10 11 3 4 1 2 3 6152A1 6053D8 Q ip °0 Harris BAYPORT NORTH p County INDUSTRIAL PARK ¢ Appraisal 120-728 w >" o District W Q KY APP \ , _. s B95 07 fl .. ,_,,i , ,...) , .P ' .21 NEW �7* Texas 23868 0 50 100 200 29319Feet 730.17e' •1?`. RES F RES F5 RES F6 PUBLICATION DATE: 12/28/2018 Geospatial or map data maintained by the Harris N 131-180-003-0011 131-180-003-0004 County Appraisal District 1.8586 AC y is for informational purposes Q2.5487 AC R m U and may not have been M M prepared for or be suitable Lo M in for legal,engineering,or p a— surveying purposes.It _ tO does not represent an _ on-the-ground survey and only represents the RES F i■ only location of 60 J10 property boundaries. 35D-3 -0335DI „,n 229.6, MAP LOCATION 120-728-000-0007 -0300 62 67 _ 10.4000 AC _ °' a68A-IA-2C 68L-4 100-515-000-0958 1.6403 AC, �' 1101:11& 4X-K 17C � � � ' � �, A 68L-I x.03 OF PASAD A 18'45 `��� 68A-1A-2A /044 ,�,,-,�.� 4.// armors N, 5�:�� 0 041-003-000-0160 --.. 4 0 < ¢2.6500 AC r 68A-IA-2 '68L IT SOF PASAD ,A ��C E T 0o• w • 1 g� ' A a �, V) 6053D m p¢ 100-515-000-0689 4 �, 10.9817 AC 6 7 8 5 6 0 10 11 "�I/ 9 10 44°2 Ey , 100 r. 430 63 2 3 4 1 2 i 4X-8A x 17:4 U • - 310 605284 6153C5 Harris County Appraisal District s 885 9 330 `'`% 1 N 6 �P 131-180-003-0005 '5 8.5755 AC 15 RES E2 y�� >ECADE DRIVE (PRIVATE) 74 46 359 Texas 357.95 RES Fl RES F2 O .otn RES F3 0 50 100 200 RES F4 3 =iimummE Feet 10322 10220 131-180-003-00 PUBLICATION DATE: 10200 131-180-003-0006 2 2.9148 AC 12/28/2018 131-180-003-0009 131-180-003-0008 -0007 A Geos p 2.9179 AC 2.5458 AC ; patial or ma data 131-180-003-0010 F 2.9220 AC(c) maintained by the Harris N County Appraisal District [V 3.2331 AC is for informational purposes ‘-- 0 — and may not have been (,) prepared for or be suitable M for legal,engineering,or tf) O surveying purposes.It tD 33B.z3 co does not represent an 31056 78.45 on-the-ground survey and aea.o 359 — — — — — only represents the approximate location of 396 91 - �� . --l�rT property boundaries. . • • • • �:/ MAP LOCATION .. riSillak.i‘ 'Srgt 189332 All*P� siel 9z pz al ' . . . 411119, r— "� `_ ,33.3 68K-3 FACET 68L-' 6153C 0,I. 100-515-000-0955 a 20.4369 AC 7 8 5 6 7 11 12 WA 10 11 3 4 1 2 3 .9B n9 6152A1 -C.-W2.,,L**- _.. r ."---� 1 FAtGMnNT PARKWAY (250'RU.W _ _--- i.- I - � I 1 KXM"C' 4.i {�' I, 1 / t C y.�y M4aS.R...a usq ..s,. 7y • � 1 w.S��— ..n 9 9540 K.f4 ,,:=. w}••. ' r �r -_ .. ... r SAas-s. ..Y � f ..., -..... rte.., -. .. t ., — - l - - - _ Iv �„ .,rx^' �(_ -. ----FNit'•>K_,,-_.-��ua. _ /-- - - 1a11.7:R °C.:u v. _—'''.-.. .sI ? „ RESMK RV Y WWII'.0"mwsrrrvil Viii k Pt t.aa:assfl. ...am..r r•ht i Ft - F; ----- ,.... (mrsnrecrro to • i n+WfS£FMi UX L' Ifa� wauST,vut uJ/ ', I. , .7070 ACK, �� 4 a uae Rc.rs ,( i t {� 1•.6.)K Sr.J 0..55,005$.f� i 13 y I,. ' t a �� Ile ' �i'' ,w .+� �} t I ' . 1 7, •, I_. ; kI : ' S e , , \ . z i ::. L A[sr.Krfa in c.S Z o 1I YI: ?:1 ( �� s1 1 • Ca.•c _ S I .. / Mr$L'R Axl r �9 '.. _.-,`!•arAfteaw-•- 2.- _.X:3n'wtfllY—LL• ..—..1,-.-_ .c.true a MR'•/1 ;, - � __ -__• _ - _-._. ''---2------'-------=------'---'—'N-�n-ow�tu� \ --'_- I --._. _ a1iv' 4 , .,j,., . . (7� tp�� r -- � 'I�i'.I .__ __ _. _. r' RESTRICTED $: .,�/ Rf5£RVC f' 1l a 4 16.6�d9 At RCS , - II r _., , y .. A --,(..M=2.*- I11 S.�' .aa r.r:a.r.o+•... _ _ ►-�-_ µ:fv{r 4M.� ".(,u( . 1T'.lC.'•+!•K r_ '-----r---; �az-r�I_}i,. .F-9_.-. 15F.rAM:M....9'. ----�C��_lf�^T�YL ie - 1. � ... �'� 1. ''..:-.-..'-.. C1;!f<S.B 4cf.hiPt tfMfSt. 4:11,:,.-:X ...<. -� I' —'-r" "�_' 1- BAYPOR7 NORTH_ »-" INOUStRA/L PARK 11ItI d~ .... ..... Com.-.."b.."'. - ,.�..�....w...........n. 787.67 I aAGR 5 Of UNDI I44RCp,l .enq,.'TS.•n• . "^"^_.,,yew !ID«.,• w,7".. ,.�. I C��'•` ^•'•'°• MI(y/AMM. JaNCSSURVC� A-11: Mrt 4..1.. � :;.,•-•-•171,=.4:J,:‘..."."--:,.27,7,4,714; I'M:Mu.5. �.y • '1 ;i !i ` ' IIII � : 'i 4.'''''.4�.s" .S� . .z.-St'9. 3SAt' "" "' • a• _ , _ � F � — � ter,. ". ..._.... ...........i .i it., ' 1 ....":".",'“"""%."'" __.. "EXHIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100 ' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers, as well as the stacking of intermodal shipping containers . These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146 . 1 . Any sign erected in said 100 ' strip of land shall be subject to the following provisions : One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. a One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. a Freestanding identification signs for multiple businesses shall not exceed 350 square feet . Freestanding identification signs shall not exceed 45 feet in height . a Minimum setback for sign construction shall be ten (10) feet from property lines . 2 . Intermodal shipping containers (including by not limited to freight and tank containers) shall be permitted to be stacked only to a maximum of two (2) containers in height in the said 100' strip. In those instances where shipping containers are placed within the said 100' wide strip, the screening requirements established in paragraph 3 immediately below shall apply. 3 . When Land adjacent to said 100 ' strip is developed, the initial 50 ' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225 , or State Highway 146 shall be screened by one of the following techniques : a) Leaving in place existing trees, vegetation, underbrush, 15 etc . to provide a thorough and effective visual screening "EXHIBIT C" Page 2 of 3 of the development . Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3 : 1 side slopes, 50 ' wide at the base and 8 ' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners . c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities . In all cases the 50 ' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs . For cases of new development or improvements where a 50 ' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10 ' ) wide pedestrian and bicycle easement, extending along Company' s Fairmont Parkway boundary, within the fifty foot (50 ' ) landscape easement . The pedestrian easement shall not be within any pipeline facility, except for necessary crossings . 4 . Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City' s Code of Ordinances, whichever is more restrictive . 16 "EXHIBIT C" Page 3 of 3 Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City' s Code of Ordinances, whichever is more restrictive. 5 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes . 6 . Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 17 OF q /ft" `- 13 City of La Porte City Manager's Office , Esta6Iished 1892 The City of La Porte embraces our heritage,community values and 'k,.‘ opportunities,while enhancingthe qualityof life for our citizens. PP September 20, 2019 North Bayport Industial Park II, Ltd A001 1 6' Tuffli Company Inc 2245 West 190th St. % ) /r-7 Torrance, CA 90504-6001 Ladies/Gentlemen: The City of La Porte is pleased to offer your company an industrial district agreement for the twelve year term commencing January 1, 2020. Copies of the agreement are attached to this letter. After months of negotiations, this agreement represents a consensus reached between the City of La Porte and Industry Committee representatives. We at the City of La Porte feel that the continuation of industrial district agreements, which first commenced in the City of La Porte in 1958, is mutually beneficial to the City and the more than 140 companies with which it has such agreements. We request that your company mail or deliver the executed agreements to the City no later than Monday,September 30, 2019. Additionally, if your company has an existing outside water or waste water agreement with the City,we will be reaching out to update those agreements. The expiration dates coincide with the IDA agreements and will expire on December 31, 2019. If you have any questions, please call the undersigned at 281-470-5012. Yours very truly, I Corby D. Alexander City Manager 604 W.Fairmont Parkway • La Porte,Texas 77571 • (281)470-5011 • www.Iaportetx.gov Page 1 of 2 Subj: RE: Need for plats for Tuffli ownerships Date: 5/14/2008 2:09:26 PM Central Daylight Time From: cbr{cituffli.com To: SupComBld@aol.com CC: powellk(cr�.laportetx.gov BNIP 1 1. Ordinance No. 2007-IDA-10/Oakwood Capital, LP, a Texas limited partnership/IL120-728-000- 0009 Unitor, 9400 New Century Drive, Pasadena, TX 77507 (Reserve C-2 / 8.5811 Acres / 373,792 SF) 10/13/00 Purchase 2. Ordinance No. 2007-IDA-11 / Don & Martha Tuffli Family Trust, a California trust/IL120-728-000- 0010 Calpine, 4100 Underwood Road, Pasadena, TX 77507 (Reserve A-1 /5.1853 Acres/225,870 SF) 3/19/01 Purchase • .. 3. Ordinance No. 2007-JDA-12/ DTMT One, LLC, a Texas limited liability company/ IL120-728-000- 0011 Brand, 4700 New West Drive, Pasadena, TX 77507 (Reserve B-1 / 8.7018 Acres / 379,051 SF) 12/17/01 Purchase 4. Ordinance No. 2007-IDA-13/Tuffli Company, Inc., a California corporation/IL120-728-000-0020 Vacant Land, 9711 New Century Drive, Pasadena, TX 77507 (Reserve A-3 / 3.3451 Acres / 145,714 SF)9/2/03 Purchase 5. Ordinance No. 2007-IDA-14/Three Sisters Trust, a California trust/11_120-728-000-0022 Vacant Land, New Century Drive, Pasadena, TX 77507 (Reserve A-4 / 7.1526 Acres / 311,566 SF)8/9/05 Purchase 6. Ordinance No. 2007-IDA-15 / DTMT Two, LLC, a Texas limited liability company/ IL120-728-000- 0025 9560 & 9602 New Decade Drive, Pasadena, TX 77507 (Reserve E-1 / 9.4086 Acres / 409,839 SF)2/27/07 Purchase BNIP 2 7. Ordinance No. 2007-IDA-16/Tuffli Company, Inc., a California Corporation (Tract 1 = 347.2 acres or 15,125,546 SF/Tract 2= 16.96 acres or 738,918 SF) • 8. Ordinance No. 2007-IDA-171 North Bayport Industrial Park II, Ltd., a Texas limited partnership (187.6711 acres or 8,174,954 SF) 9. Ordinance No. 2007-IDA-73 I North Bayport Pasadena IP, Ltd., a Texas Limited Partnership (5.2148 acres or 227,159 SF) Bob: I think we have a Land Title Survey for Items 1-6. I'm not sure about 7 &8; although, I have a Plat of Survey dated 9/24/97 and Land Title & Partial Topographic Survey dated 10/4/01 for Item 7. Item 9 is fine. Regards, Craig B. Reynolds, CPM, RPA, CCIM Tuffli Company, Inc. 2780 Skypark Drive, Suite 460 Torrance, California 90505 (310) 326-4747 Telephone (310)326-5113 Facsimile cbr@tuffli.com Thursday, May 29, 2008 America Online: SunComBld Page 2 of 2 From: SunComBld@aol,com [maiito:SunComBld@aol.com] Sent: Wednesday, May 14, 2008 10:15 AM To: cbr@tuffli.com; owellK@laportebc.gov Subject: Need for plats for Tuffli ownerships Craig: Please give me a brief description/location/tenant name for each of listed ownerships in Kathy's email. I can't seem to keep track of who owns what. I most likely have full size plats in our office that I can copy and get to Kathy. • Kathy: I get to La Porte about 3-4 times per week so will deliver plats to your office. Regards, f3ob Kla55ell, Pres, Sunbelt Commercial Builders, Inc. 11650-H Jones Road Houston, Texas 77070 713-703-6109 (C) 281-890-4781 (0) 281-890-7116 (F) Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. Thursday, May 29,2008 America Online: SunComBid •