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HomeMy WebLinkAboutPACKET JUL 29 2014HIC7l 'A 11H 01 "ft)I411, %I r) BEA,UMO T• E• X• A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 29, 2014 1:30 P.M. CONSENT AGENDA Approval of minutes — July 22, 2014 Confirmation of committee appointments A) Approve a six month contract for the purchase of sodium hydroxide from TDC, LLC, of Houston for use by the Water Utilities Department B) Authorize the City Manager to execute all documents necessary with the Texas Department of Transportation to receive grant funding to assist in highway safety enforcement C) Approve a change order for the contract with ARC Abatement of Houston for the asbestos abatement and demolition of the Castle Motel located at 1125 N. 11'1, Street RICH WITI[ OPPORTUNITY 1111E _( T - E - X - A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer July 29, 2014 REQUESTED ACTION: Council consider a resolution approving a six (6) month contract for the purchase of sodium hydroxide from TDC, LLC., of Houston in the estimated amount of $215,000 for use by the Water Utilities Department. BACKGROUND Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred (500) dry tons of this material during the term of this contract. Formal bids were requested from eight (8) vendors for a six (6) month contract to supply sodium hydroxide. Four (4) bids were received. Low bid of $215,000 was submitted by TDC, LLC, of Houston. This represents a $10 /ton decrease in the price of this material over last contract. TDC, LLC is the current contract holder. There are no local vendors of this commodity. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. $ � a / \ f s / \ � - .% _ � \ k \/ 3k% . + \d / 2 � ƒ \ \ 0 ƒ ƒ / y f & § G CD 4 & � k ob ® � $$ k RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, TDC, LLC, of Houston, Texas, submitted a bid for an estimated total expenditure of $215,000 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST DRY TON 500 DRY TONS TDC, LLC $430.00 $215,000.00 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by TDC, LLC, of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the bid submitted by TDC, LLC, of Houston, Texas, for a six (6) month contract for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of $215,000 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THATthe City Manager be and he is hereby authorized to execute a contract with TDC, LLC for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 1►4ilin - Mayor Becky Ames -- �01 RICH WITH OPPORTUNITY r T - E - X - A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James P. Singletary, Chief of Police July 29, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary with the Texas Department of Transportation to receive grant funding to assist in highway safety enforcement. BACKGROUND In January, 1999, the City Council passed a resolution authorizing the city to apply for grant funds for a traffic safety "Safe and Sober S. T. E. P." project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that one. This grant application will provide funding for a program which occurs between October 1, 2014 and September 30, 2015. FUNDING SOURCE City would receive grant funding in an amount not to exceed $75,470.94 with a city contribution of $25,149.48. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount importance to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to participate in a Texas Traffic Safety Program and receive federal reimbursement grant funding in an amount not to exceed Seventy -Five Thousand Four Hundred Seventy and 94 /100 Dollars ($75,470.94) pursuant to the project titled "STEP- Comprehensive" for occupant protection enforcement, reduction of alcohol and drug related driving incidents, speeding enforcement, and speeding related crashes; and, WHEREAS, the City of Beaumont has agreed to contribute Twenty-Five Thousand One Hundred Forty-Nine and 48/100 Dollars ($25,149.48) as its portion of the costs for the project titled "STEP- Comprehensive" which is for the period of October 1, 2014 to September 30, 2015; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City of Manager of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to apply for and receive funding for the project "STEP - Comprehensive" and take such action as necessary to implement the project which occurs between October 1, 2014 and September 30,2015; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Seventy -Five Thousand Four Hundred Seventy and 94/100 Dollars ($75,470.94) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "STEP - Comprehensive" project recognizing the City's contribution match of Twenty -Five Thousand One Hundred Forty-Nine and 48/100 Dollars ($25,149.48). PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of -Mayor Becky Ames- I' Texas Traffic Safety eGrants Fiscal Year 2015 Organization Name: City of Beaumont - Police Department Legal Name: City of Beaumont Payee Identification Number: 17460002789023 Project Title: STEP- 2015 Comprehensive ID: 2015- Seaumont -S-1 YG -0101 Period: 10/0112014 to 09/30/2015 City of Beaumont - Police Department STEP -2015 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, aging by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Beaumont hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2015. Name of the Federal Agency: National Highway Traffic Safety Administration Contract Number. 585EG114 CFDA Number. 20.6 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 073901118 Project Title: STEP- 2015 Comprehensive This project is Not Research and Development Grant Period: This Grant becomes effective on 10/0112014 or on the date of final signature of both parties, whichever is later, and ends on 0913012015 unless terminated or otherwise modified. Total Awarded: $100,620.42 Amount Eligible for Reimbursement by the Department: $75,470.94 Match Amount provided by the Subgrantee: $25,149.48 2015- Beaumont -S -1 YG -0101 Printed On: 7/3/2014 Page 1 of 30 RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount importance to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to participate in a Texas Traffic Safety Program and receive federal reimbursement grant funding in an amount not to exceed Seventy -Five Thousand Four Hundred Seventy and 94/100 Dollars ($75,470.94) pursuant to the project titled "STEP -2015 Comprehensive" for occupant protection enforcement, reduction of alcohol and drug related driving incidents, speeding enforcement, and speeding related crashes; and, WHEREAS, the City of Beaumont has agreed to contribute Twenty -Five Thousand One Hundred Forty -Nine and 48/100 Dollars ($25,149.48) as its portion of the costs forthe project titled "STEP -2015 Comprehensive" which is for the period of October 1, 2014 to September 30, 2015; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City Manager of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to apply for and receive funding for the project "STEP- 2015 Comprehensive" and take such action as necessary to implement the project which occurs between October 1, 2014 and September 30, 2015; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Seventy -Five Thousand Four Hundred Seventy and 94/100 Dollars ($75,470.94) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "STEP -2015 Comprehensive" project recognizing the City's contribution match of Twenty -Five Thousand One Hundred Forty -Nine and 48/100 ($25,149.48). 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of July, - Mayor Becky Ames - C RICH WITH OPPORTUNITY r 111CA,,[111C111T T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 29, 2014 REQUESTED ACTION: Council consider a resolution approving a change order for the contract with ARC Abatement of Houston in the amount of $44,982 for the asbestos abatement and demolition of the Castle Motel located at 1125 N. 11 rh Street. BACKGROUND The contract for the asbestos abatement and demolition of the Castle Motel was awarded by Council on July 15, 2014 to ARC Abatement in Resolution Number 14 -154 in the amount of $242,298. A fire on Saturday, July 19th destroyed a number of the structures. Due to the fire damage, the scope of work has changed and the buildings have been deemed an imminent danger to the public by the City. ARC Abatement has submitted a new quote for completing the entire project with a total amount of $197,316. This is a cost savings to the City in the amount of $44,982. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on July 15, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14 -154 awarding a contract in the amount of $242,298 to ARC Abatement, of Houston, Texas for asbestos abatement and demolition of the Castle Motel located at 1125 N. 11th Street; and, WHEREAS, on July 19, 2014, there was a fire at the hotel which destroyed most of the structures; and, WHEREAS, due to the fire damage, the scope of the work has changed and the buildings have been deemed an imminent danger to the public by the City; and, WHEREAS, a Change Order in the amount of ($44,982.00) is required to allow for the modification in the scope of the work of asbestos abatement and demolition of the Castle Motel as a result of the fire, thereby decreasing the contract amount to $197,316; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Change Order for modified work described above, thereby decreasing the contract amount by ($44,982.00) for a total contract amount of $197,316. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 29th day of July, - Mayor Becky Ames - RICIT WITH OT'PORTUN3TY 11EA,[1'1'4'0N* i - 1 X • A - $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS ,JULY 29, 2014 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 6 -10 /Consent Agenda * Consent Agenda GENERAL BUSINESS Consider an ordinance approving the rezoning of property from RS (Residential Single Family Dwelling) to GC -MD (General Commercial- Multiple Family Dwelling) District or a more restrictive district for the property at 5945 College Street 2. Consider an ordinance approving the rezoning of property from PUD (Planned Unit Development) to LI (Light Industrial) District or a more restrictive district at 4965 Fannett Road 3. Consider an ordinance approving a specific use permit to allow the expansion of Greenlawn Cemetery onto property zoned GC -MD (General Commercial — Multiple Family Dwelling) District 4. Consider an ordinance approving a revised specific use permit to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District 5. Consider an ordinance approving the removal of one and one -half lots from the Oaks Historical District at 2345 Calder 6. Consider approving a resolution authorizing a change order to the contract with Brystar Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project 7. Consider a resolution approving the appointment of Grant Peter Boston as an Assistant City Attorney II and setting his starting compensation WORK SESSION Review and discuss amending the Neighborhood Empowerment Zone Abatement policies and establishing a new zone to include the Central Business District Consider an ordinance amending the Neighborhood Empowerment Zone Abatement policies 9. Consider an ordinance establishing Neighborhood Empowerment Zone Number Five COMMENTS Councilmembers /City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont 10. Consider a resolution authorizing the City Manager to execute an Earnest Money Contract for the sale of the Hotel Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting. 1 July 29, 2014 Consider an ordinance approving the rezoning of property from RS (Residential Single Family Dwelling) to GC -MD (General Commercial - Multiple Family Dwelling) District or a more restrictive district for the property at 5945 College Street RICH WITH OPPORTUNIT`? r T - E - X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager t � PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: July 29, 2014 REQUESTED ACTION: Council consider an ordinance to rezone a property from RS (Residential Single Family Dwelling) to GC -MD (General Commercial- Multiple Family Dwelling) District or a more restrictive district for the property at 5945 College Street. BACKGROUND Jeff Williams on behalf of Blanche Investments, Inc. has applied for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial- Multiple Family Dwelling) District to correct the split zoning of a property located at 5945 College Street. Most of us recognize the property as Games People Play, consisting of a practice range and golf retail shop. While the shop and practice tees are located in the GC -MD portion of the property, more than half of the range is located in an RS district. At a Joint Public Hearing held July 21, 2014, the Planning Commission recommended 6:0 to approve rezoning the property from RS (Residential Single Family Dwelling) to GC -MD (General Commercial- Multiple Family Dwelling) District. FUNDING SOURCE, Not applicable. RECOMMENDATION Approval of ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL. CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AV) ADDRESS- APPLICANT'S PHONE' —`� ('� t t<r _ FAX NAME OF O%VNER: t �* , d-1 ""Y' C— — �I 1:!� ADDRESS OF OWNER: LOCATION OF PROPERTY: I -E li LEGAL DESCRIPTIOA+ OF PROPERTY: LOT NO. �L OR TRACT 771713 BLOCK NO. PLAT _ -- 1 �, �✓ j ��f r � C- ADDI "FION.�f'O/) ?,��{ d�!' L.� - a.n , f�G(i /�i /r`�R�'E }' ,�_ �. F''4'(`' /// l•��j "3 � ���� /-�L�� ,� NUMBER OF ACRES C -Z 3?_ NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: �> " . HAS TIME REQUEST BEEN MADE BEFORE? A IF SO. DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST ATTACH ` IJE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE .... ............................... ........................$250.00 1/2 ACRE OR MORE AND LESS THAN , ACRES ...... ... .S450.00 5 ACRES OR MORE.- ......... ..... .. ....... .....5650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MORE RESTRICTIVE DISTRICT. /___,J "x // .' SIGNATURE OF APPLICANT: SIGNATURE OF OWNER PLEASE TYPE OR PRINT AND SU FILE NU',/IBER: DATE RECEIVED: RECEIPT NUMBER: �A E FOR THE REQUESTED DISTRI(T OR A 1� / TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT. TX 77701 P.O. BOX 3827 77704 (409) 880 -3764 FAN (409) 880 -3133 06/12/14 Dear Zoning Commission and City Council, My name is Jeff H. Williams. I am owner of Games People Play, Inc, 5945 College Street, Beaumont. TX. GPP resides on an approximate 39 acre tract of land. Larger businesses requiring more commercial acreage than GPP does would be the highest and best use of the tract. The northern portion of our tract is 17.0361 acres zoned GC -MD. The southern portion of our tract is 22132 acres zoned R -S. I am requesting the southern portion of the tract, 22.32 acres be rezoned to GC -MD that adjoins our 17.3061 acres zoned GC -MD. Thank You, it "Jeff H. Williams President, GPP, Inc. 5945 College Street Beaumont, TX. 77707 -i w(cc gppgoIf.com 409 - 781 -6508 cell ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5945 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT.- Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD (General Commercial- Multiple Family Dwelling) District for property located at 5945 College Street, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - Fittz &Shipman INC Ronald D. Fittz, P. L., R.P.L.S. (19.48-1 1 18 7) Terry G. Shipman, P.L. Chairman Billy J. Sn'iidi Jr., Pr(,sident Consulting Engineers and Land Surveyors Donald R. King, P E. Walter J. Ksiazek, R.P.L.S. FIELD NOTE DESCRIPTION FOR A 22.32 ACRE TRACT OUT OF THE C. WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS JUNE 11, 2014 That certain 22.32 acre tract out of the C. Williams Survey, Abstract 59, Jefferson County, Texas, and being out of a called 40.493 acre tract conveyed to Games People Play, Inc. as recorded in Clerks File No. 9604074 of the Official Public Records of Jefferson County, Texas, said 22.32 acres being more particularly described by metes and bounds as follows: COMMENCING at a point in the west right -of -way line of Wendelin Drive for the northeast corner of a called 26.634 acre tract conveyed to the The Most Reverend W. J. Nold, Bishop of the Diocese of Galveston- Houston as recorded in Volume 1230, Page 344 of the Deed Records of Jefferson County, Texas and the southeast corner of the said 40.493 acre tract; THENCE North 00 040'30" West along the said west right -of -way line of Wendelin Drive and the east line of the said 40.493 acre tract a distance of 20.00 feet to a point for the southeast corner of the said 22.32 acre tract and the POINT OF BEGINNING; THENCE South 89 °51'13" West along the south line of the said 22.32 acre tract a distance of 1292.22 feet to a point in he east line of a drainage ditch and the west line of the said 40.493 acre tract for the southwest corner of the said 22.32 acre tract; THENCE North 00 036'53" East along the said east line of a drainage ditch and the west line of the said 40.493 and 20.32 acre tracts a distance of 762.72 feet to a point for the northwest corner of the said 40.493 and 22.32 acre tracts; THENCE North 86 °51'53" East along a north line of the said 40.493 and 22.32 acre tracts a distance of 263.30 feet to a point for an interior corner of the said 40.493 and 22.32 acre tracts; THENCE South 00 °23'11 ' East along an east line of the said 22.32 acre tract a distance of 26.06 feet to a point for an interior corner of the said 22.32 acre tract; THENCE North 89 023'12' East along a north line of the said 22.32 acre tract a distance of 1012.07 feet to a point in the said west right -of -way line of Wendelin Drive and the said east line of the 40.493 acre tract for the northeast corner of the said 22.32 acre tract; Fittz & Shipman, Inc. Page 1 of 2 Project No. 01976.0289ZONING Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832 -7238 - fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1 160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" THENCE South 00 °40'30" East along the said west right -of -way line of Wendelin Drive and the east line of the said 40.493 and 22.32 acre tracts a distance of 758.61 feet to the POINT OF BEGINNING and containing 22.32 acres of land, more or less. Fitts & Shipman, Inc. Page 2 of 2 Project No. 01976.0289ZONING Description File 2206 -Z: Request for a rezoning from R -S (Residential Single Family Dwelling) to GC- N MD (General Commercial - Multiple Family Dwelling) District or a more restrictive district. Location: 5945 College Street Applicant: Jeff Williams 0 500 1,000 I i I —J Feet LI LI COLLEGE ST __.- -- R� S GC -MD GC -M ,D LI R -S GC -MD R -S I i ZLII--Iz,-I, � R -S R -S EXHIBIT "B" R -S Legend R-4 2206Z -MD 2 July 29, 2014 Consider an ordinance approving the rezoning of property from PUD (Planned Unit Development) to LI (Light Industrial) District or a more restrictive district at 4965 Fannett Road RICH WITH OPPORTUNITY C, _ T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Director of Planning and Community Development July 29, 2014 REQUESTED ACTION: Council consider an ordinance to rezone a property from PUD (Planned Unit Development) to LI (Light Industrial) District or a more restrictive district at 4965 Fannett Road. BACKGROUND B & L International, L.L.C. has applied for a zone change from PUD (Planned Unit Development) to LI (Light Industrial) District for their property located at 4965 Fannett Road. In 2008 a request was made to rezone this property to a PUD for the purpose of building an apartment community. The development never came to fruition and the current owner is asking to return the property to Ll. At a Joint Public Hearing held July 21, 2014, the Planning Commission recommended 6:0 to approve rezoning the property from PUD (Planned Unit Development) to LI (Light Industrial) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: L,� � t__ APPLICANT'S PI LONE / L�' (— ) (� ) __ c -1 C( C�' C FAX; C; ( r Ct -: (� . i. z �: NAME OF OWNER: J '- r- I' G` ,'" E' S C(:+ ADDRESS OF OWNER: �� 12 LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: 1 I2ACA Svd NUMBER OF .ACRES AAi)�- - Oft:— TRACT* PLAT SURVEY -JP/ V—DUVE- TCI( NUMBER OF ACRES_ ('—� . For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT 'ZONING DISTRICT: F (A 0 ZONING DISTRICT REQUESTED: L HAS THE REQUEST BEEN MADE BEFORE? IF SO, DATE: .ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 Ac- RE ... ............................... ........................$250.00 1;'2 ACRE OR MORE AND LESS THAN 5 ACRES .... .........$450.00 5 ACRES OR MORE ................ ........... .................................... $650 -00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICTOR AMORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: SIGNATURE OF OWNER (IF NOT APPLICANT): PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED:__ (409) 880 -3764 RI -CEIPT NUMBER: FAX (409) 880-3, 1 �3 B and L International L.L.C. 9405 College St., Suite A Beaumont, Texas 77707 Phone: (409) 860 -4900 Fax: (409) 860 -4940 Date: July 1, 2014 Re: Request for Zoning Change We are requesting a zoning change for our property located in the 4000 BILK of Fannett Rd The property had originally been zoned light industrial and the prior owner had planned on building a large set of apartment houses on this property. That is why he rezoned it to planned unit development (PUD). We would like to return it to light industrial and plan to develop the property for that purpose. Thank You, B and L International L.L.C. Fittz &Shipman INC Ronald D. Fittz, P -L., R.P.L -S. (1948-19871 Terry G. Shipman, P_E, Chairman Billy J. Smith, Jr., President Consulting Engineers and Land Surveyors Donald R. King, P.E. Walterj. Ksiazek, R.P.L.S. FIELD NOTE DESCRIPTION FOR A 156.555 ACRE TRACT OUT OF THE SAMUEL STIVERS SURVEY, ABSTRACT 51 AND THE JAMES ROWE SURVEY, ABSTRACT 45 JEFFERSON COUNTY, TEXAS APRIL 8, 2014 That certain 156.555 acre tract out of the Samuel Stivers Survey, Abstract 51 and the James Rowe Survey, Abstract 45, Jefferson County, Texas, being the out of a called 256.555 acre tract (Tract 1) conveyed to B &L International, LLC as recorded in Clerks File No. 2011020108 of the Official Public Records of Jefferson County, Texas, said 156.555 acres being more particularly described by metes and bounds as follows: BEGINNING at a point in the southerly right -of way line of Highway No. 124 for the northeast corner of a called 1.470 acre tract conveyed to the Catholic Diocese of Beaumont as recorded in Volume 59, Page 162 of the Deed Records of Jefferson County, Texas and the most northerly northwest corner of the said 256.555 and 156.555 acre tracts; THENCE North 70 026'10" East along the said southerly right -of -way line of Highway No. 124 and the most northerly line of the said 256.555 and 156.555 acre tracts a distance of 1034.98 feet to a point for the northwest corner of a called 0.450 acre tract (Tract II) described in said Clerks File No. 2011020108 and the most northerly northeast corner of the said 256.555 and 156.555 acre tracts; THENCE South 00 °20'14" East along the west line of the said 0.450 acre tract and an east line of the said 256.555 and 156.555 acre tracts a distance of 195.88 feet to a point for the southwest corner of the said 0.450 acre tract and an interior corner of the said 256.555 and 156.555 acre tracts; THENCE North 87 002'53" East along the south line of the said 0.450 acre tract and a north line of the said 256.555 and 156.555 acre tracts a distance of 94.43 feet to a point in the west line of a called 4.42 acre tract conveyed to Ingraham Family Limited Partnership as recorded in Clerks File No. 2001030452 of the Official Public Records of Jefferson County, Texas for the southeast corner of the said 0.450 acre tract and an exterior corner of the said 256.555 and 156.555 acre tracts; THENCE South 00 °50'56" East along the west line of the said 4.42 acre tract and an east line of the said 256.555 and 156.555 acre tracts a distance of 798.52 feet to a point for the southwest corner of the said 4.42 acre tract and an interior corner of the said 256.555 and 156.555 acre tracts; Fittz & Shipman, Inc. Page 1 of 3 Project No. 13091.0001 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832 -7238 • fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100180 THENCE North 87 °1013" East along the south line of the said 4.42 acre tract and a portion of the south line of a called 7.11 acre tract conveyed to Sage Automation, Inc. as recorded in Clerks File No. 2001030453 of the Official Public Records of Jefferson County, Texas being a north line of the said 256.555 and 156.555 acre tracts a distance of 528.72 feet to a point for the northwest corner of a called 100.000 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 20120177663 of the Official Public Records of Jefferson County, Texas and the most easterly northeast corner of the said 156.555 acre tract; THENCE South 02 °44'41 " East along the west line of the said 100.000 acre tract and the east line of the said 156.555 acre tract a distance of 2635.45 feet to a point in the north line of the Schindler Estate called 20 acre tract and the south line of the said 256.555 acre tract for the southwest corner of the said 100.000 acre tract and the southeast corner of the said 156.555 acre tract; THENCE South 87 °08'07" West along the said north line of the Schindler Estate 20 acre tract and the south line of the said 256.555 and 156.555 acre tracts a distance of 493.79 feet to a point for the northwest corner of the said Schindler Estate 20 acre tract and an interior corner of the said 256.555 and 156.555 acre tracts; THENCE South 02 040'29" East along the west line of the said Schindler Estate 20 acre tract and an east line of the said 256.555 and 156.555 acre tracts a distance of 1041.66 feet to a point in the northeasterly line of Hillebrandt Bayou for the most southerly corner of the said 256.555 and 156.555 acre tracts; THENCE along the said northeasterly and easterly line of Hillebrandt Bayou and the southwesterly and westerly line of the said 256.555 and 156.555 acre tracts with the following courses and distances: North 48 °22'48" West a distance of 100.06 feet; North 50 °35'51" West a distance of 137.56 feet; North 50 055'05" West a distance of 167.67 feet; North 51'09'51 " West a distance of 106.17 feet; North 50 °19'01" West a distance of 109.08 feet; North 53 °10'14" West a distance of 168.49 feet; North 51032'55" West a distance of 130.18 feet; North 53 °49'15" West a distance of 134.65 feet; North 55 013'57" West a distance of 125.73 feet; North 56 °27'42" West a distance of 159.72 feet; North 57 016'29" West a distance of 176.61 feet; North 65 °28'52" West a distance of 119.04 feet; North 62 °14'33" West a distance of 162.54 feet; North 56 °54'43" West a distance of 98.90 feet; North 43 °27'54" West a distance of 142.81 feet; North 35 °18'17" West a distance of 115.51 feet; North 28 °13'07" West a distance of 134.55 feet; North 22 °14'33" West a distance of 133.02 feet; North 13 °09'40" West a distance of 94.39 feet; North 02 °18'32" West a distance of 154.07 feet; North 08 °30'26" East a distance of 128.47 feet; North 04 °03'41" East a distance of 196.03 feet; North 03 °22'30" West a distance of 64.56 feet; North 05 °19'57" West a distance of 162.76 feet; North 07 °54'41" West a distance of 165.55 feet; Fittz & Shipman, Inc. Page 2 of 3 Project No. 13091.0001 North 05 °31'38" West a distance of 174.47 feet; North 02 °36'08" West a distance of 152.16 feet; North 02 °25'12" East a distance of 202.83 feet; North 02 °02'41" West a distance of 114.19 feet; North 02 °19'04" East a distance of 111.69 feet; North 02 °23'18" West a distance of 8.18 feet to a point for the southwest corner of a called 9.000 acre tract conveyed to Clyde D. Herbert as recorded in Film Code 102 -80 -2302 of the Real Property Records of Jefferson County, Texas and the most westerly northwest corner of the said 256.555 and 156.555 acre tracts; THENCE South 84 °06'35" East along the south line of the said 9.000 acre tract and a north line of the said 256.555 and 156.555 acre tracts a distance of 902.91 feet to a point for the southeast corner of the said 9.000 acre tract and an interior corner of the said 256.555 and 156.555 acre tracts; THENCE North 01 011'45" West along the east line of the said 9.000 acre tract and a west line of the said 256.555 and 156.555 acre tracts a distance of 194.89 feet to a point for the most easterly northeast corner of the said 9.000 acre tract, the southeast corner of a called 1.596 acre tract conveyed to Margaret Hebert Callaway as recorded in Volume 2054, Page 33 of the Deed Records of Jefferson County, Texas and an angle point of the said 256.555 and 156.555 acre tracts; THENCE North 01 021'54" West along the east line of the said 1.596 acre tract and a west line of the said 256.555 and 156.555 acre tracts a distance of 299.32 feet to a point for the most easterly northeast corner of the said 1.596 acre tract and an angle point of the said 256.555 and 156.555 acre tracts; THENCE North 32 °02'34" West along a northeasterly line of the said 1.596 acre tract and a westerly line of the said 256.555 and 156.555 acre tracts a distance of 135.88 feet to a point in the easterly right -of -way line of Stivers Road for the most northerly corner of the said 1.596 acre tract, the southwest corner of the said 1.470 acre tract and an angle point of the said 256.555 and 156.555 acre tracts; THENCE North 56 °27'55" East along the southerly line of the said 1.470 acre tract and a northerly line of the said 256.555 and 156.555 acre tracts a distance of 104.42 feet to a point for the southeast corner of the said 1.470 acre tract and an interior corner of the said 256.555 and 156.555 acre tracts; THENCE North 33 017'39" West along the easterly line of the said 1.470 acre tract and a westerly line of the said 256.555 and 156.555 acre tracts a distance of 583.31 feet to the POINT OF BEGINNING and containing 156.555 acres of land, more or less. Note: This description is based on recorded deeds. It is not based on an actual on the ground survey Fittz & Shipman, Inc. Page 3 of 3 Project No. 13091.0001 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 4965 FANNETT ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned PUD (Planned Unit Development) District to Li (Light Industrial) District for property located at 4965 Fannett Road, being Tract 16, Plat SP -9, S. Stivers Survey, Abstract 51 and Tract 1, Jas Rowe Survey, Abstract 45, Beaumont, Jefferson County, Texas, containing 154.613 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 2014 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - File 2207 -Z: Request for a rezoning from PUD (Planned Unit Development) to LI (Light Industrial) District or a more restrictive district. Location: 4965 Fannett Road Applicant: B &L International, L.L.C. 0 500 1,000 1,500 1 1 1 1 —1 Feet LI Q -R Legend LI 5 • � 22072 LI ° LI N 0 C -M LI RM -H RM -H LI LI GC -MP LI R -S D BERAARDIEIR GC -M� o 4C GC-MD R -S ' ROBERTS -,RD:::;y R -S R -S 1CO.M65�1 -,EM ERAL ELI, Ll PUD R -S R -S _XHIBIT "A" 3 July 29, 2014 Consider an ordinance approving a specific use permit to allow the expansion of Greenlawn Cemetery onto property zoned GC -MD (General Commercial — Multiple Family Dwelling) District RICH itiI'TH OPPORTUNITY [11CIA,1111C111 T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Director of Planning and Community Development July 29, 2014 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow the expansion of Greenlawn Cemetery onto property zoned GC -MD (General Commercial -- Multiple Family Dwelling) District. BACKGROUND Mr. Donald Taft has applied for a specific use permit on behalf of Community Cemeteries, Inc., who owns and operates the cemetery known as Greenlawn Cemetery. CCI recently purchased this 0.6109 acre tract of land located at 4075 Magnolia Avenue for the expansion of the cemetery. Normal hours of operation for the cemetery are 8 a.m. to 5 p.m. seven (7) days per week. Landscaping will consist of a hedge at the perimeter of the property, to provide some privacy, and small trees for aesthetics. A specific use permit is required in any zoning district to expand an existing cemetery. At a Joint Public Hearing held July 21, 2014, the Planning Commission recommended 6:0 to approve a specific use permit to allow the expansion of Greenlawn Cemetery onto property zoned GC -MD (General Commercial — Multiple Family Dwelling) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance with the following conditions: The applicant shall install and maintain an 8ft. privacy fence along the north property line. 2. The applicant shall work with the Traffic Division to develop a parking plan, acceptable to the City's Traffic Engineer. 3. The Property shall be graded, with storm water flow directed to streets and not adjacent Properties. 4. Sanitary sewer service to 4185 Magnolia will need to be relocated to tie into a manhole at the north side of Buchanan and the alley will need to be abandoned, subject to the approval of the Water Utilities Department. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COLR CJE, CITY OF BEAUMONT. TEXAS APPLICANT'S NAME: Mr. Donald Taft APPLICANT'S ADDRESS: 1395 Gladys Street, Beaumont, TX 77701 APPLICANT'S PHONE #: 409.833.8656 TAX 4: 409.833.6795 NAME. OF O NER: Community Cemeteries, Inc. ADDRESS OF OWNER: 1395 Gladys Street, Beaumont, TX 77701 LOCATION of PROPERTY: 4075 LEGAL DESCRIPTION OF PROPER IY: t ,O T N O. —,___ BLOCK No— ADDITION NUMBER OF ACRES Ila Ave.., Beaumont, TX OR IRACT 22 A PLAT D17 SURVEY A. Williams, Abstract No. 385 NIIMBFR of ACRES 0.6109 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Internment of Human Remains - Cemetery "LONE: ATTACH � LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/z" X 11" PHOTOCOPI OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH TIIE APPROPRIATE APPLICATION FEE: LESS THAN %z A. CRE ......... ............................... ..........._............$250.00 ACRE OR MORE AND LESS THAN 5 ACRES .............. .... $450.00 ACRESOR MORE ........................... ................... ..................... $650.00 1, being the undersigned applicant. understand that all of the conditions. dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as am ed and approved by City Council. SIGNATURE OF APPLIC.AN "I': DATE: SIGNATURE OF OVa'NER: DATE: PLEASE TYPE OR PRINT AND S1 JBM1T T0: CITY OF BI;AIJMONT PLANNING DIVISION 801 MAIN STREET. ROOM 201 BEAUMONT. TX 77701 FILENU C - MBR: _ DATE RECEIVED: Z Phone - (409) 880 -3764 Fax - (409) 880 -3133 I'I F;ASF \1 AKF NOTE ON REVERSE -, DF OF CONDITIONS TO BE \IFT RFGARDIVG TIiF: SITE PLA\ AND LETTER OF PROPOSED I SES AND ACT]A'ITIES. Community Cemeteries, Inc. 1395 Gladys Street Beaumont, Texas 77701 (409) 835 -7379 June 24, 2014 City of Beaumont Planning and Zoning 801. Main Street, Room 201 Beaumont, Texas 77 701 Re: Application for Specific User Permit at 4075 Magnolia Avenue, Beaumont, Texas To Whom It May Concern: Community Cemeteries, Inc. (CCI) owns and operates the cemetery known as Greenlawn Cemetery that is situated in the A. Williams Survey, Abstract No. 385 and located. between Buchanan Street, Gill Street, and Magnolia Avenue in Beaumont. CCI recently acquired a 0.6109 acre tract of land, located at 4075 Magnolia Avenue that is situated immediately adjacent to its existing Greenlawn Cemetery property. This cemetery has been in continuous operation for at least 50 years or more. Normal hours of the cemetery is daytime only, seven days a week from 8:00 AM until 5:00 PM. CCI is making application for a Specific Use Permit to allow development and use of this 0.6109 acre tract of land as a cemetery for internment and burial of human remains. As such. this intended use is compatible with adjacent property and does not diminish or impair the other property values within the immediate vicinity. This includes the Lucky Seven Supermarket and commercial retail property located adjacent to its tract south property line, and a small Church located adjacent to its north property line. There is adequate utilities, access and drainage already existing to support the intended use of the property. The only additional work planned is to provide a culvert and driveway across the drainage ditch at the public alleyway on Buchanan to allow access to the property from Buchanan as shown on the attached Site Plan. A drive will be constructed from this alleyway across the property, opening at an existing curb cut, onto Magnolia Avenue that will allow for a hearse, pallbearers, and family car to park close to grave sites Citv of Beaumont June 24, 2014 Page 2 during memorial services. All other vehicular traffic will be directed to park along Buchannan or other private drives situated on cemetery property. All drainage is surface drainage only with runoff flowing into the Magnolia and Buchanan storm water collector system. The site will be cleared during initial development with small hedge shrubbery planted along the perimeter of the property for aesthetics and to provide some level of privacy for families during memorial services. Other small trees will be planted as well to increase the beauty of the property. No lighting is planned for this property since its use is during daylight hours only. Adequate nuisance prevention measures will be taken to prevent dust, noise and vibration from affecting adjacent property or public right -of -way. The proposed use is in accordance with the Comprehensive Plan. Sincerely, COMMUNITY CEMETERIES, INC. Donald Taft President Specific Use Permit Application Letter ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CEMETERY IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT AT 4075 MAGNOLIA AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Donald Taft, on behalf of Community Cemeteries, Inc., has applied for a specific use permit to allow the expansion of a cemetery in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4075 Magnolia Avenue, being Tract 22A, Plat D -17, A. Williams Survey, Abstract No. 385, Beaumont, Jefferson County, Texas, containing 0.6109 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow the expansion of a cemetery in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4075 Magnolia Avenue, subject to the following conditions: and, • The applicant shall install and maintain an 8ft. privacy fence along the north property line. • The applicant shall work with the Traffic Division to develop a parking plan, acceptable to the City's Traffic Engineer. • The property shall be graded, with storm water flow directed to streets and not adjacent properties. • In the event the alley is to be used for access, the sanitary sewer service to 4185 Magnolia will need to be relocated to tie into a manhole at the north side of Buchanan, subject to the approval of the Water Utilities Department. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted, and, Section 1. That a specific use permit to allow the expansion of a cemetery in a GC -MD (General Commercial- Multiple Family Dwelling) District at 4075 Magnolia Avenue, being Tract 22A, Plat D -17, A. Williams Survey, Abstract No. 385, Beaumont, Jefferson County, Texas, containing 0.6109 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Community Cemeteries, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The applicant shall install and maintain an 8ft. privacy fence along the north property line. • The applicant shall work with the Traffic Division to develop a parking plan, acceptable to the City's Traffic Engineer. • The property shall be graded, with storm water flow directed to streets and not adjacent properties. • In the event the alley is to be used for access, the sanitary sewer service to 4185 Magnolia will need to be relocated to tie into a manhole at the north side of Buchanan, subject to the approval of the Water Utilities Department. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above and made a part hereof for all purposes. Section 4. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2014 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - 'File 2209 -P: Request for a specific use permit to allow the expansion of the Greenlawn N Cemetery onto property zoned GC -MD (General Commercial — Multiple Family Dwelling) District. Location: 4075 Magnolia Avenue Applicant: Donald Taft 0 100 200 1 1 1 — 1 Feet J GILL S GC MD RM -H GC-MD RM - EXHIBIT "A" Shrubs S88 056'40 "E 140= Community Cemeteries, Inc. t� as F.C. No. 103 -46- 204 ?_ O.P.R.J.C. ' Nr 0' 20' 40' 80' Scale: 1"=40' W�RTECH EXHIBIT "B" N88 °55'07" A' 133.97' Farid Abusaleh C.F. No. 2007002135 O.P.R.J.C. EXHIBIT - SITE PLAN SPECIFIC USE PERMIT COMMUNITY CEMETERIES, INC. July 29, 2014 Consider an ordinance approving a revised specific use permit to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District RICH WITH OPPORTUNITY r C. T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: July 29, 2014 REQUESTED ACTION: Council consider an ordinance approving a revised specific use permit to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District. BACKGROUND Phillip Long/ Long Architects, Inc. on behalf of Jim Brown/ Folsom Drive Properties, L.T.D is requesting a revised specific use permit for the property located at 6380 Folsom Drive to allow warehousing and a mail order pharmacy. Script Care has utilized the property as a professional office for benefits management since June of 200' ). The proposed expansion will include a. 10,600 square foot warehouse to house Prescription Mart, Inc., a mail order pharmacy, providing prescription drugs in bulk supply. Delivery vehicles will drop off drugs and supplies approximately once per day, five days a week. The US Postal Service will pick up packages t',vo times a day, five days a week and Fed Ex will pick up packages to be delivered once a day, f.ve days a week. The maximum future employee count is expected to be around 30. At a Joint Public Hearing held July 21, 2014, the Planning Commission recommended 5:0:1 (Messina) to approve a revised specific use permit to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial- Multiple Family Dwelling -2) District. FUNDING SOURCE; Not applicable. RECOMMENDATION Approval of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, Cite Codes) 10: 1111: PLANNING COMMISSION AND CII'Y COUNCIL. CITY OF BEACMONf. TEXAS APPLICANTS NAME: P k 1 � i (J L o h DV / L, o yn ON AY cyl 1 �- eC. IV1e- APPLICANTS ADDRESS: % `i (a 5 G a 1 d e r . 5 y t� e- 2 D to , ,-.-, -T -7 -1 -7 o (0 APPLICANT'S PHONE #:_ ��2— �� I t� 3 FAX n�: �D� — , (4 C 3 NAME OP OWNER: �1IM 1�Y OV�JYL Ec)�SorvL Dr1Ve- 1 ✓D(�e ✓�N �-T ADDRESS OF OWNER: 0 T O V- '0 YY"1 O LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITI0N NUMBER OF ACRES OR TRACT 1_0 FL4�_T � V W.Y_-. Y) v&ke-, SURVEY 12S+yAC -+ No. NUMBER OF ACRES ?�>' 5 8 1 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: SUP ► Yl c V a� war 2 �'1 o u s t 'LONE: - �� -� W1n0125AIe- +y-Ade. %Cn VYA.b12 �00 A 5 ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN` drawn to scale with the information listed on the top back side of this sheet. ATTACH A RF.DIICED 8 %" X 11" PHOTOCOPI' OF THE SITE PLAN. TI E EIGHT' CONDITIONS listed on the back side of this sheet must be met before Cite Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN !,z ACRE .......... ............................... ........................$250.00 Y ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE ............ ............................... ........................$650.00 L. being file undersigned applicant, understand tl I th I diti ns. dimensions, building sizes. landscaping and parking areas depicted on the site plan shall be adhered to as amended and ap Iy Ci ounil. SIGNATURI; OF APPI SIGNATUCRE OF 0 PLF,ASF 1 YPE OR PI:INYVAND SLB.Tr1LT TO: DATE RECEIVED: _ CITY OF BEAUMON I PLANNING DIVISION 801 MAIN S'rRi ET. ROOM 201 BEAUMONT. TX 77701 Phone - (409) 880 -3764 Fax - (409) 880 -3133 TE: JUNE 26 , 2, 1 t TE: �• 2g�'7 . 2 D� r.******>: *.****;.x***: �;'************ k***************** **************-* **** *I.*-*':* ** * * * * *** **** * ***k *I*i:**x� *** * * * * * * * * * * * * * * PI I::ASL NIAE;E V) IF. OR RE\ 7RSI_ S DE 01 CONDITIONS TO BE 1, 11ARE (iARDI�:G 1111 SITE PEAV VNE) 11 1 YER OF PROPOSED I, SES AA'D .ACTIVITIES. �a wr d architects, inc. ..................................................................................................................................................................... ............................... June 26, 2014 City of Beaumont, Texas The Planning Commission and City Council P. O. Box 3827 Beaumont, Texas 77704 Reference: Proposed New Building Addition located at 6380 Folsom Drive in Beaumont, Tx To Whom It Mav Concern The purpose of this letter is to describe all processes and activities involved with the proposed uses for the New Buildin,.; Addition located at 6380 Folsom Drive in Beaumont, Texas, to request a continuation of the landscape and fencing waivers issued by the City of Beaumont during the construction of the existing building, and to show how the Owners have been good neighbors and good citizens for approximately 12 years at the aforementioned address. EXISTING BUILDING: Script Care is a pharmacy benefits manager providing customer service to participants, plan sponsors, and pharmacy providers. The existing building, built in 2001, provides offices and support spaces for the Script Care staff. Departments of service include Administration, Managed Care, Commercial Accounts. Sales and Marketing, Information Systems, & Operations. The current staff is approximately 65 people. Services provided include: 1. Electronic Claims Processing 2. Compliance Monitoring _. Prospective Drug Utilization Review 4. Generic Emphasis and Formulary Drug Programs �. Fee for Service and Capitated Programs 6. Continuous Provider Support 7. Svstematic Program Evaluation 8. Same -Day Eligibility File Updates 9. Extended Customer Service Hours 10. Personalized Identification Cards PROPOSED NEW BUILDING: Due to a long history of providing high quality service with notable team work and individual vision, and lead with excellent corporate management, Script Care has shown itself to be a top -notch Beaumont. Texas based company, and a national leader in their field of expertise. As a result of their hard work, the Owners are now in need of a new facility to accommodate a specific portion of their business. Prescription Mart, Inc. is a mail order pharmacy, providing prescription drugs in bulk supply. The operations include receiving the drugs from wholesale companies, stocking and storing the drugs, receiving and processing prescriptions, filling the prescriptions either manually or with an automated robotic system, verification of the prescriptions, and finally packaging and mailing the prescriptions. Delivery vehicles drop off drugs and supplies approximately once a day, five days a week. The US Postal Service picks up packages two times a day, five days a week.. and Fed Ex picks up packages to be delivered once a day, five days a week. The facility is not intended for public use and can only be accessed through a secured entry at the reception area. The future maximum employee count will be around 30. r " architects, inc. ......... ............................................................................................................................................................ ............................... EIGHT CONDITIONS FOR SPECIFIC USE PERMIT The specific use of tl-.e property will be compatible with, and not injurious to, the use and enjoyment of other properties, nor will it significantly diminish or impair property values within the immediate vicinity- All functions of the business will take place inside the building. The building will be of high quality and vvi l compliment both the existing building on the property, and those of the surrounding buildings. 2. The establishment o' the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. The only vacant property abutting the property is owned by Drainage District 6 and is used as a retention /detention facility. It will likely remain as such for the foreseeable future. 3. The new facility is designed to fit into the existing site both aesthetically and physically such that it Nvill look as if both buildings were built at the same time. All utilities required to accommodate the new facility are already on site and are of a size that they can accommodate the new building and the new parking. Fittz and Shipman, Inc. will be designing all of the building and site utilities, and will be producing new site drawings. 4. I-he existing driveway and parking was installed approximately 12 years ago, and has not caused any known inconvenience to vehicular or pedestrian traffic during that time. As a part of the new construction, the Owners will modify, the entrance side of the drive at Folsom by removing the 5' radius and reconstructing it with a 25' radius-, and they will modify the exit side of the drive by removing the 5' radius curb and installing a 10' radius one. This will make it even easier for employees and visitors to safely enter the parking lot from Folsom Drive. 5. The use of the building will not create any odors, fumes, dust, noise, or vibration. 6. The existing site improvements include four (4)- 30' tall light fixtures in the main parking lot, with each pole topped b:y two (2)- 400w metal halide fixtures. The fixtures are of high quality and include required light cut -oil'. The new project will include two (2) additional light poles that will be the same anlgle, type anc height as the existing fixtures. There have been no complaints in the last 'I 1 years concerning the site lighting that we are aware of The existing building also currently has ground mounted lighting that illuminates the facade of the building, creating an attractive night time view of the facility. The new building will also have this lighting to further enhance the aesthetics of the site. 7. The existing building has extensive landscaping located on the street side of the building and extending down the left (west) side of the facility. For 12 years now the Owners have carefully maintained all of the landscaping in order to protect and maintain the aesthetics of the building. At the time of the original construction, the City of Beaumont waived the requirements for the installation of a landscape buffer and an 8' wood fence based on the fact that there xN Ill never be another building built on the right (east) side of the building, as it is a detainage /retainage facility owned by Drainage District 6. The Owner then decided to install a decorative 4' tall black metal fence along the east property line to enhance the property. We are requesting that no additional fencing be added to this project. Additional landscaping will be added at the new building and new parking areas. 8. The proposed use is in accordance with the Comprehensive Plan. .................................................................................................................................................. ............................... EXISTING FENCING AND LANDSCAPING WAIVERS: With this letter. the Owner is requesting that the City of Beaumont keep the original landscaping and fencing waivers in place for the property, and that they not create any additional requirements for landscaping or fencing on the property. The existing building has extensive landscaping located on the street side of the building and extending down the left (west) side of the facility. The right (east) side faces the Drainage District 6 propert:y� which is a detention /retention facility which will likely never be developed. Since the construction of the building 12 years ago, the Owners have meticulously maintained all the landscaping on the property in order to protect and maintain the aesthetics of the building, and to be a responsible neighbor. At the time of the original construction, the City of Beaumont waived the requirements for the installation of a landscape buffer and an 8' wood fence along both the right (west) side and the back (north) side of the property. '[Iie Owner then decided to install a decorative 4' high black metal fence along the right (east) property line to enhance the property. That fence is still in good condition and it extends approximately 420' along the cast side of the property. Additional landscaping will be added at the new building and new parking areas, as previously stated in this letter. Please feel free to ;.ontact our office with any additional questions or comments. Mos . in e ely. Philip B. Lo g, A.I.A. Long Architects, Inc. 6465 Calder Avenue, Suite 2061 Beaumont, Texas 77706 1 409.866.3443 1 Fax 409.866.3603 1 www.longarchifects.com ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW WAREHOUSING AND A WHOLESALE PHARMACY IN A GC -MD -2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING -2) DISTRICT AT 6380 FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on May 22, 2001, the City Council of the City of Beaumont, Texas passed Ordinance No. 01 -038 granting a specific use permit to Jim Brown for Dunleith Partners, Ltd. to allow a 15,000 square foot office building in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District, located on the North side of Folsom Drive, about one -half way between Dowlen Road and Major Drive, being a 3.5813 acre tract (156,000 square feet) of land out of the W. B. Dyches Survey, Abstract No. 17, located in Beaumont, Jefferson County, Texas, said tract being out of that certain 200.686 acre tract conveyed by Amoco Production Company to LaTex Investors, L.P. as recorded under County Clerk's File No. 2000021770 of the Official Public Records of Real Property, Jefferson County, Texas, subject to conditions; and, WHEREAS, on August 27, 2002, the City Council of the City of Beaumont, Texas passed Ordinance No. 02 -060 amending Ordinance No. 01 -038 to allow a waiver of the thirty (30') foot wide landscape buffers on the East and West sides and waiving the ten (10') foot landscape buffer on the North side and requiring a six (6) foot landscape buffer on the North side of the parking lot of the property located at 6380 Folsom; and, WHEREAS, Phillip Long, of Long Architects Inc., on behalf of Jim Brown /Folsom Drive Properties, L.T.D., wishes to amend the specific use permit to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at 6380 Folsom Drive, being Tract 1 -0, Plat RS -4, W. B. Dyches, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.5813 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at 6380 Folsom Drive, being Tract 1 -0, Plat RS -4, W. B. Dyches, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.5813 acres, more or less as reflected in the site plan as shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 02 -060 be amended by amending the specific use permit granted to Jim Brown /Folsom Drive Properties, L.T.D., their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow warehousing and a wholesale pharmacy in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District located at 6380 Folsum Drive. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance No. 02 -060 and the regulations contained in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - File 2210 -P: Request for a revised specific use permit to allow warehousing and a N wholesale pharmacy in a GC -MD -2 (General Commercial — Multiple Family Dwelling -2) District. Location: 6380 Folsom Drive Applicant: Phillip Long / Long Architects, Inc. 0 100 200 300 1 1 1 1 —J Feet R -S r R -S RM -H -POINTE-PARK`DR- —\, RM'H G2 -0 0 z -i M RM -H G2 FOLSOM DR A -R EXHIBIT "A" Legend M 2210P 300'.0" S 87'01'05" W PROPERTY LINE if /I I ' NEW LIGHTS PROPOSED I -- -' 00 STORM SEWER \ X � W Z - C o - -- \ NEW BUILDIN 1 STORY, 21' \ o, NEW PAVING 10,600 SF DUMPSTER BY OWNER ;, ®,J - -- RELOCATE EXISTING, CMU FENCE - -- WATER WELL 1 J I— NEW FIRE -- _- - - - - -- I HYDRANT I I E T 'lws—laER �� I II I 3 Ir EXISTING ��� - --- -24 0 "r I n STORM SEWER -(I" EXISTING 5'TUBE I I STEEL FENCE z a I I I III = q o o N • II LEGEND: I� —_ I� EXISTING PAVING L Ll ExIS11rJG o -- I EXISTING BUILDING - --r N _ 1 STORY, 22' NEV,' li _ - I 15,000 SIF iC ENTRY!EXI II I — TOTAL PARKING: 126 SPACES I � i II EXISTING - 81 24.0.. - i J NEV! -45 HANDICAP -6 I � I d li 0 I a • I n � I I II EXISTING I I p,p LANDSCAPING I a A �✓ ✓FI.1, EXISTING SIGN 1 NEW SITE PLAN °� _ _ _ SCALE: 1' = 60'-C" S 8701'05' W PROPERTY LJNE .� FOLSOM DRIVE -- EXISTING FIRE HYDRANT -p m rn D D N c m Z o�oz 7 z- = 70 - � z >am NEW OFFICE BUILDING rmk rn rn D ° =zO °p z= architects, inc. -- �A yxzoo�A_z FC'R - N m ,nv o _ O c FOLSOM DRIVE PROPERTY, lTD 6465 coder suite 206 beaumon'. Tt 7706 olCce. 4D° 8663443 fax_ 40 °.866.3603 - -1 UP NG L81 No _ Fittz&Shipman N °. - - 6390 FCLSOM DRIVE BEAU;MONT, " -XAS July 29, 2014 Consider an ordinance approving the removal of one and one -half lots from the Oaks Historical District at 2345 Calder RICH WITH OPPORTUNITY 111,[ I [I I I C1 11 ( T - E• X• A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: KKl131111►`LI; City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Director of Planning and Community Development July 29, 2014 Council consider an ordinance to remove one and one -half lots from the Oaks Historical District at 2345 Calder. Luke's Icehouse — Beaumont, Texas, L.L.C. is requesting the removal of their lots at 2345 Calder from the Oaks Historic District. The lots are occupied by a two story building that was previously used as the office for a landscaping business and then a law office. The structure is currently in need of repair. Luke's wishes to save this building, repurposing it for the expansion of their growing business. City Council voted to approve a specific use permit to expand their business to this location on June 20' in ordinance #14 -028. When the Oaks Historic District was expanded south of Calder, 2335 and 2345 Calder were included in the Oaks Historic District at the request of the previous property owner. Since then the property at 2335 Calder was removed from the district on June 5, 2007, at the request of the owner. This is the only remaining property fronting on the south side of Calder that is within the expanded historic district. On July 14, 2014, the Historic Landmark Commission voted 5:4 to approve the applicants request. At a Joint Public Hearing held July 21, 2104, the Planning Commission recommended 5:1 to deny the applicants request. While the painting of the building without a Certificate of Appropriateness is certainly a concern and the color chosen is also a concern to many, it should be noted that of the eighty -six (86) buildings located along Calder, between Eleventh Street and MLK, this building is one of only three buildings and one of only four properties. regulated by the Oaks Historic District. Attached is a map of this portion of Calder and the Historic District, with these properties circled. Also attached are photographs of the four properties. One is the property in question, the second is a law office, the third is the Chambers House Museum and the fourth is a parking lot. It should again be noted that ;property, just adjacent to 2345 Calder was also included in the Oaks Historic District until 2007, but was removed from the District upon request of the owner. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. 2 59-4 cAc.Ez- " c -oM nE.c- 4t- Z,3 y'7 CA - t, U ►,�- C-:5 t cr-- l-tov-7--F- Q�t CAL -EZ - q -1 64LA,t�-, "T 2 CAc;b C ffAveWCE -P-5 rlu,�SEL) ID`'i y'b Y r MMRVm.h, / - - * yr Art .01 yy A AL I } M SS L � It If, add 6 r' �� l � ,ems- ,�•: _ �;y. s ' �r $_. `�1�� �r !4�r , r, /'a A­_ , AMA •.. z l APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, Cite Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS / APPLICANT'S NAME AND ADDRESS: APPLICANT'S PHONE 17 `PI3 I FAX NAME OF OWNER:- - / 1 ES ✓�_ �� / 401 A-1 i ADDRESS OF OWNER: ..��- LOCATION OF PROPER TY: 3 $ C�,aLIJ�i2 �yE &44-v �17 777 a�- LEGAL DESCRIPTION OF PROPERTY: LOT NO. `+ a (,�1 �' OR TRACT BLOCK NO. G PLAT ADDITION�.�,�. -- -- NUMBER OF ACRES C> 2 5b SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: - - (�C"- U-( ';> k c�4r Q'LAy_ ZONING DISTRICT REQUESTED: C:I C" �-IL> - HAS THE REQUEST BEEN MADE BEFORE? W IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN L2 ACRE .... ............................... ........................5250.00 Ii2 ACRE OR MORE AND LESS THAN 5 ACRES .............S450.00 5 ACRES OR MORE ........ ............................... ........................5650 00 I HEREBY ACKNO \FLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT z4t�- - - -- -DATE: a 3 SIGNATURE OF OWNER (IF NOT APPLICANT): t-0 PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER:.: DATE RECEIVED: RECEIPT N(- AMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880 -3764 FAX (409) 880 -31 -,3 May 23rd, 2014 P. O. Box 5608 • BEAUMONT, TX 77726 (404) 284 -0300 City of Beaumont Planning & Zoning Department Reference: Luke's Icehouse 2335 Calder We are requesting for the property known as 2345 Calder, adjacent to 2335, to be excluded from the Historical District. While dealing with the Planning & Zoning Department, it was discovered that this may have already been done in 2007 — reference file #1887 -Z. It is our opinion that this request was probably included in 2007, however 2007 records omitted all of the lots listed in the legal description needed to assure this was done. The physical address however, is included in the 2007 permit. We feel that this should have the same classification as the adjacent restaurant we are expanding. Thank you for your assistance. Please call with any questions. Gary Wallace 409.284.0300 *NOTICE OF PUBLIC HEARING* OR CURRENT RESIDENT PUBLIC HEARING: A Public Hearing will be held by the Historic Landmark Commission of the City of Beaumont on Monday, July 14, 2014 at 3:30 p.m. A Public Hearing will also be held by the City Council and the Planning Commission of the City of Beaumont on Monday, July 21. 2014 at 3:15 p.m. Both meetings will be held in the City Council Chambers located at 801 Main Street. REQUEST: Purpose - A request to remove the Oaks Historical District Zoning overlay from a property. Project Information - The applicant wishes to remove the historic zoning overlay of the subject property to allow noncompliant paint colors. Location - 2345 Calder Avenue Applicant - Luke's Icehouse — Beaumont, Texas, LLC NOTIFICATION: Under State Law, all property owners as the ownership appears on the last approved tax roll of real property lying within two hundred feet (200') of the property listed under REQUEST shall be notified of this hearing. This will be the only public hearing held on this matter. The meeting is open to the public, and you are invited to attend and be heard. Any inquiries regarding further information on this request will be answered by calling: 880 -3764. Please refer to FILE# 2204 -Z. RESPONSE: See the reverse side of this notice. PLANNING DIVISION CITY OF BEAUMONT, TEXAS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY REMOVING THE ZONING DESIGNATION OF HC (HISTORIC CULTURAL LANDMARK PRESERVATION) OVERLAY DISTRICT FOR PROPERTY LOCATED AT 2345 CALDER, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by removing the zoning designation of HC (Historic Cultural Landmark Preservation) Overlay District for property located at 2345 Calder, being Lot 7 and the east '/2 of Lot 8, Block 22, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.258 acres, more or less, as shown on Exhibit "A ", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Ccrfinn d That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 1►11EI PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - File 2204 -Z: Request for the removal of one and one -half lots from the Oaks Historical N District. Location: 2345 Calder Avenue Applicant: Gary Wallace for Luke's Icehouse — Beaumont Texas, L.L.C. 0 100 200 1 1 1 1 Feet EXHIBIT "A" rol July 29, 2014 Consider approving a resolution authorizing a change order to the contract with Brystar Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project RICH WITH OPPORTUNITY r . � T• E - X - A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, P.E., Director of City Utilities July 29, 2014 REQUESTED ACTION: Council consider a resolution approving a change order to the contract with Brystar Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project. BACKGROUND The City Council approved a contract with Brystar Contracting, Inc., on March 20. 2012, in the amount of $4,391,500.00. The contract was to clean Wastewater Treatment Plant Pond 41, convert it into a flow equalization basin, and install related piping and manholes. The contract includes Alternate Bid Item No. 2 that will clean all ponds. The proposed change order in the amount of ($501,899.08) will provide the adjustment of final quantities for the project and delete the cleaning of accumulated solids from Pond 2. Previous actions include: Resolution 12 -055 in the amount of $4,391,500.00 was passed by the City Council on March 20, 2012. Resolution 12 -105 in the amount of ($36,550.00) was passed by the City Council on May 15, 2012. Change Order #2 in the amount of $9,000 was executed on June 18. 2012. Resolution 13 -129 in the amount of $25,901.57 was passed by the City Council on June 18, 2013. Resolution 13 -192 in the amount of $1.54,620.00 was passed by the City Council on September 10, 2013. Resolution 14 -044 in the amount of $22,457.61 was passed by the City Council on February 25, 2014. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. APPROVAL OF CONTRACT CHANGE CHANCiL ORDER No. Six 61 D ATF: July 17, 2014 PROJECT: City of Beaumont, Texas Wastewater Treatment Plant- Wet Weather Flow kuproveuients 0WNER: City of Beaumont, Texas 807 Main Sucet 3caumont. Texas 77704 CONTRACTOR: 3rystar Contracting, Inc_ 8385 Chemical Road 3caumont, Texas 77705 TO T1IE OWNER: Approval of the following contract change is requested. Reason for Chaotic: Final Quantity Adjust: Delete Cleaning accummlatcd solids from Pond 2 ORIGINAL CONTRACT AMOUNT: Change Order No. I Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 THIS CHANGE ORDER Dcsa IPTIon Delete Cleanine of accumulated solids from Pond 2 TO "I AL AMOUNT OF THIS CHANGE ORDER: TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE-, ORDER: S ____1301500.U0 (36,550.001 9,000.00 _ 25,901.57 ,'______L5_4620.00 h_ -___ 457.61 Net Change 5 (501,599.08) S (501,899.08) $ 4,065,030.10 CONDITION OF CHANGE.: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly esccuted." Recommended by: Approved by: Schaumburg 2 Polk, Inc. City of Beaumont FnAlr]CC1 Owner Dale- _ / �l t: � � �" Date Accepted Brvstat 'on g, Tiu. Contractor Date — — — 5_ F�, C',w3rocaI R?ai He iu mon4, Texat -=O • (<lo;) 4,42 6768, CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS PROJECT: Wastewater Treatment Plant -Wet Weather Flow Imp PROJECT NUMBER: OWNER: City of Beaumont CONTRACTOR: _Brystar Contra ctin ,Inc_ _ _20_12190 ENGINEER: Scnaumburq & Polk, Inc. The Contractor, in accordance with the Contract Documents, and in consideration for the full and final payment to the Contractor for all services in connection with the project, does hereby waive and release any and all liens, or any and all claims to liens which the Contractor may have on or affecting the project as a result of its contract(s) for the Project or for performing labor and /or furnishing materials in any way connected with the construction of any aspect of the project. The Contractor further certifies and warrants that all subcontractors of labor and /or materials for the Project, except as listed below, have been paid in full for all labor and /or materials supplied to, for, through or at the direct or indirect request of the Contractor prior to, through and including the date of this affidavit. None CONTRACTOR B sta ntracti Inc. B Brent Simmons TITLE Vice - President Subscribed and sworn, to before me this _ day of A 20 c Notary Public: )� ± �i2�M l� �� =� "p" SUZAPdNE HOLUBECK My Commission Fires O q �O Oatobor 26, 2017 My Commission Expires: � -'a 6 '- � � CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS 55 L E,;;, u,,zd Rea,! . t3��at3�ix�nt,'3'exas 77704 -(409) 842-f,768 PROJECT: Wastewater Treatment Plant -Wet Weather Flow Imp PROJECT NUMBER: OWNER: ­City of Beaumont CONTRACTOR: Brystar Contracting Inc. 2012190 ENGINEER: Schaumburg & Polk, Inc. The Contractor, in accordance with the Contract Documents, hereby certifies that, except as listed below, all obligations for all materials and equipment furnished, for all work labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible have been paid in full or have otherwise been satisfied in full. EXCEPTIONS: None CONTRACTOR Brystar Contr inq, Inc. BY Brent Simmons t� � TITLE Vice- President Subscribed and sworn to before me this day of �� _( _ , 20j'j. Notary Public: � �- >�/'° 2% PpY P� �`� o SUFNE HOLUBECK :. Nfy Commiesiort Expires My Commission Expires: % 0 6 - i ;� i ociob.r 26, 2017 RESOLUTION NO. WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -055 awarding a contract in the amount of $4,391,500 to Brystar Contracting, Inc., of Beaumont Texas, for the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project; and, WHEREAS, on May 15, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -105 approving Change Order No. 1 in the amount of ($36,550) for alternate materials related to the electrical components of the project, thereby decreasing the contract amount to $4,354,950; and, WHEREAS, on June 18, 2012, the City Manager executed Change Order No. 2 in the amount of $9,000.00 to furnish all necessary supervision, labor, equipment, and insurance to complete the loading and hauling of dirt from the City of Beaumont Waste Water Treatment Plant to the dirt stockpile location on the City of Beaumont landfill in tandem dump trucks, thereby increasing the contract amount to $4,363,950; and, WHEREAS, on June 18, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13 -129 approving Change Order No. 3 in the amount of $25,901.57 to delete the bar screen mechanism, furnish and install additional concrete for aeration pads, increase Bid Item 3 for additional solids removal from Pond 1, provide for the cleaning of solids from Pond 2, and delete Alternate Bid Item No. 2, thereby increasing the contract amount to $4,389,851.57; and, WHEREAS, on September 10, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13 -192 approving Change Order No. 4 in the amount of $154,620 to provide the necessary supervision, labor, equipment, and insurance to load and haul earthen material and construct an earthen levee sludge containment area, thereby increasing the contract amount to $4,544,471.57; and, WHEREAS, on February 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14 -044 approving Change Order No. 5 in the amount of $22,457.61 is required to provide the necessary supervision, labor, equipment, and insurance to install the proposed Junction Box 12 on the existing dual 42" diameter effluent pipes due to a conflict with existing electrical conduit banks, thereby increasing the contract amount to $4,566,929.18; and, WHEREAS, Change Order No. 6 in the amount of ($501,899.08) is required to provide the adjustment of final quantities for the project and delete the cleaning of accumulated solids from Pond 2, thereby decreasing the contract amount to $4,065,030.10; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 6 for additional work described above, thereby decreasing the contract amount by ($501,899.08) for a total contract amount of $4,065,030.10. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - July 29, 2014 Consider a resolution approving the appointment of Grant Peter Boston as an Assistant City Attorney II and setting his starting compensation RICH WITH OPPORTUNITY 111'LA,1111CI ( T• E• X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney July 29, 2014 REQUESTED ACTION: Council consider a resolution approving the appointment of Grant Peter Boston as an Assistant City Attorney II and setting his starting compensation. BACKGROUND Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. There has been a vacancy created in the department by the resignation of Lauren Beamon. Mr. Boston is very qualified for the position. The City Attorney recommends that the appointment of Grant Peter Boston as an Assistant City Attorney II for the City of Beaumont be approved at a starting salary of $50,000 together with all other benefits of a civilian employee. FUNDING SOURCE The amount necessary to pay the salary and benefits of the position are available in the City Attorney's budget. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the appointment of Grant Peter Boston as Assistant City Attorney II for the City of Beaumont be and the same is hereby approved and his initial salary is established at $50,000 annually together with all other benefits and terms and conditions of civilian employment as established by policy and budget of the City of Beaumont. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - WORK SESSION Review and discuss amending the Neighborhood Empowerment Zone Abatement policies and establishing a new zone to include the Central Business District July 29, 2014 Consider an ordinance amending the Neighborhood Empowerment lone Abatement policies 11EA,[1140NT- T�R TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager J7 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 29, 2014 REQUESTED ACTION: Council consider an ordinance amending the Neighborhood Empowerment Zone Abatement Policies. BACKGROUND In an effort to encourage economic development in targeted areas of the city, in need of additional development, Neighborhood Empowerment Zones were created within the city. This Program offers economic incentives to attract redevelopment to these specified areas. Combined with the focused use of CDBG dollars and other capital investments, these economic incentives are designed to help leverage additional private investment. Specifically, the incentives currently include building fee waivers, expedited permit review, possible lien waivers and the abatement of City taxes for up to three (3) years for smaller projects and seven years (7) for projects in excess of $5,000,000 in value. The current policy lists eligible projects as single -, multi - family residential, office, retail and restaurant uses within an approved zone. Under the proposed amended policy, hotels and meeting facilities would be added to the list of eligible projects. Attached is the proposed policy, with changes highlighted. FUNDING SOURCE Revenues from waived fees and liens and abated ad- valorem taxes would be forgone, but the long -term economic impact associated with new development should positively affect future budgets. RECOMMENDATION Approval of ordinance. 4 it .9 7 it 0 11 d^0R'{ r� i7'k 11EA,-'[1M'Q-NT�( T . E - X - A - S City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January I of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. H. Substantial Investment: a project deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility: Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single - family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property: Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner- occupied single - family homes, office, retail, hotel and meeting facilities, restaurant and multi - family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting projects considered "Substantial Investments," as defined herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. 2 Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. 3 Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single - family homes, office, retail, restaurant and multi - family residential facilities within a. Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements areas follows: Investment Municipal Tax Abatement Schedule $50,000 & up for residential uses and 100% or 100% of the incremental value for Substantial I" Year $75,000 & up for all other uses Investments relocating within the City $50,000 & up for residential uses and $75,000 & up for all other uses $50,000 & up for residential uses and $75,000 & up for all other uses $5,000,000 or more for any eligible use $5,000,000 or more for any eligible use $5,000,000 or more for any eligible use $5,000,000 or more for any eligible use 100% or 100% of the incremental value for Substantial 2nd Year Investments relocating within the City 100% or 100% of the incremental value for Substantial 3`d Year Investments relocating within the City. 100% for new investments and the incremental value for 4th Year Substantial Investments relocating within the City. 100% for new investments and the incremental value for 5th Year Substantial Investments relocating within the City. 100% for new investments and the incremental value for 6th Year Substantial Investments relocating within the City. 100% for new investments and the incremental value for th Substantial Investments relocating within the City. 2 Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 RESOLUTION NO. WHEREAS, in an effort to encourage development in targeted areas of the City in need of additional development, Neighborhood Empowerment Zones were created within the City; and, WHEREAS, the program offers economic incentives to attract redevelopment to the specified areas; and, WHEREAS, the current policy lists owner- occupied single - family homes, multi - family residential facilities, office, retail and restaurant uses as Neighborhood Empowerment Zone Incentive project properties that may be granted for new construction or renovation; and, WHEREAS, an amendment to the policy is required to add hotels and meeting facilities to the list of eligible project properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Neighborhood Empowerment Zone Incentive Policy be and it is hereby amended to allow hotels and meeting facilities to be added to the list of eligible Neighborhood Empowerment Zone Incentive projects properties that may be granted for new construction or renovation; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2014. - Mayor Becky Ames - E July 29, 2014 Consider an ordinance establishing Neighborhood Empowerment Zone Number Five ��AUMONT�� TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager ,�_-sr3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 29, 2014 REQUESTED ACTION: Council consider an ordinance establishing Neighborhood Empowerment Zone Number Five. BACKGROUND Over the past few years, tremendous improvements have been made in Downtown Beaumont's public buildings, private buildings and infrastructure. However, one aspect of Downtown Beaumont's revitalization that needs further redevelopment is in its residential uses. While some new apartments and townhouses have been constructed in recent years, many more are needed to make Downtown Beaumont a vibrant, "round- the - clock" part of the city. In addition, with the coming removal of five of the six rail tracks, separating the Neches River from the rest of Downtown, there is also increasing interest in developing along the riverfront. In an effort to encourage this development, we are proposing the establishment of Neighborhood Empowerment Zone #5 to offer financial incentives to those seeking to invest in Downtown Beaumont. The zone will approximately follow the boundaries of the Central Business District, but will also extend to the Neches River. This new zone will offer the following incentives. 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses and a possible, additional four (4) year, 100% abatement for projects in excess of $5 Million. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. Attached is a map of the proposed Zone 45. FUNDING SOURCE Revenues from waived fees and liens and abated ad- valorem taxes would be forgone, but the long -term economic impact associated with new development should positively affect future budgets. RECOMMENDATION Administration recommends approval. ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING AREAS OF THE CITY OF BEAUMONT AS NEIGHBORHOOD EMPOWERMENT ZONE #5 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378); PROVIDING TAX INCENTIVES; ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA; AND DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EMPOWERMENT ZONE. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business and residential enterprises located in areas of the City; and WHEREAS, to further this purpose, it is in the best interest of the City to designate such areas as Neighborhood Empowerment Zone #5 pursuant to the Texas Local Government Code, Chapter 378; and WHEREAS, the Council finds and determines that the creation of the empowerment zone would promote the creation of affordable housing, including manufactured housing, increase economic development, increase the quality of social services, education, or public safety provided to the residents in the zone, or the rehabilitation of affordable housing in the zone; and WHEREAS, the City Council finds and determines that the creation of the zone satisfies the requirements of the Texas Redevelopment and Tax Abatement Act, specifically Tax Code Section 312.202; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved, determined, and adopted. Section 2. That the City Council hereby designates the areas set forth in Exhibit A, attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zone #5 (herein referred to as the "zone ") Ranfinn I That the City Council finds that the zone meets the qualification of the Texas Local Government Code, Chapter 378. Section 4. That the City Council finds that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Beaumont. Section 5. That the guidelines and criteria governing tax abatement agreements attached hereto as Exhibit "B" are hereby adopted. By such action the City of Beaumont elects to become eligible to participate in tax abatement. Section 6. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zone #5. Section 7. That this ordinance shall be effective from and after its passage as provided by law. Section 8. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of July, 2014. -Mayor Becky Ames - h =400f Neighborhood Empowerment R it Zone # S m y •� �j',✓ hr 3 � WuenEnA. sr wxe.mrr f' � _ iFOnpWev Sr rerrs�y 1 2 a . a •.,yy, r' ,y r,y�x 4� all LN`N F c�xf- !�F3� -r- ,r��» TMartraPhate.�:otluatlM1emaaoa „oam„ m bean rreEeb �7 �_ „___ —.— n m �wMOltlrs me -Every MOrlh Bmumomaswmea P. huewvar Na h =400f EMPOWERMENT ZONE Number Five The City of Beaumont Empowerment Zone Number Five. Said area being more fully described below as follows: Beginning at the northwest corner of the described area, being the intersection of the centerline of Calder Ave. and the centerline of Forrest St.; Then with the centerline of Forrest St. approximately 1300 ft. south to the intersection of the centerline of Forrest St. and the centerline of South St.; Then with the centerline of South St. approximately 885 ft. west /southwest and west to the intersection of the centerline of South St. and the centerline of Ewing St.; Then with the centerline of Ewing St. approximately 240 ft. south and southwest to the east right -of -way line of Martin Luther King Pkwy.; Then with the east right -of -way line of Martin Luther King Pkwy. Approximately 3085 ft. southeast to the northern boundary of the KCS railroad; Then with the northern boundary of the KCS railroad approximately 4015 ft. east and northeast to the west bank of the Neches River; Then with the west bank of the Neches River approximately 2275 ft. northwest /north to the west bank of Brakes Bayou; Then with the west bank of Brakes Bayou approximately 640 northwest to a point that would intersect with the centerline of Magazine St. if Magazine St. was extended to the east; Then along the imaginary centerline of the extended Magazine St. and the actual centerline of Magazine St. approximately 1370 ft. west to the intersection of the centerline of Magazine St. and the centerline of N. Pearl St.; Then along the centerline of N. Pearl St. approximately 160 ft. north to the intersection of the centerline of N. Pearl St. and the centerline of North St.; Then along the centerline of North St. approximately 255 ft. west to the intersection of the centerline of North St. and the centerline of Willow St.; Then along the centerline of Willow St. approximately 360 ft. south to the intersection of the centerline of Willow St. and the centerline of McFaddin Ave.; Then along the centerline of Mcfaddin Ave. approximately 710 ft. west to the intersection of the centerline of McFaddin Ave. and the centerline of Magnolia Ave.; Then along the centerline of Magnolia Ave. approximately 360 ft. south to the intersection of the centerline of Magnolia Ave. and the centerline of Calder Ave.; Then along the centerline of Calder Ave. approximately 470 ft. west to the intersection of the centerline of Calder Ave. and the centerline of Forrest St. and the point of beginning. RICH WITH QPPCPR7 %NITY Own I B 11E A, h Iii 01 N "( T - E- X - A - S City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be EXHIBIT "B" improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. H. Substantial Investment: a project deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility : Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single - family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property : Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner- occupied single - family homes, office, retail, hotel and meeting facilities, restaurant and multi - family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting projects considered "Substantial Investments," as defined herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. 2 Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Governinent Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or Iease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. 3 Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax Abatement. Program is an economic development tool designed to provide incentives for the new construction or renovation of single- family homes, office, retail, restaurant and multi - family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Municipal Tax Abatement Schedule $50,000 & up for residential uses and 100 %: or 100% of the incremental value for Substantial Ist Year $75,000 & up for all other uses Investments relocating within the City. $50,000 & up for residential uses and 100 %0_ or 100% of the incremental value for Substantial 2nd Year $75,000 & up for all other uses Investments relocating within the City. $50,000 & up for residential uses and 100 %: or 100% of the incremental value for Substantial 3rd Year $75,000 & up for all other uses Investments relocating within the City. $5,000,000 or more for any eligible 100% for new investments and the incremental value for 4th Year use Substantial Investments relocating within the City. $5,000,000 or more for any eligible 100% for new investments and the incremental value for 5th Year use Substantial Investments relocating within the City. $5,000,000 or more for any eligible 100% for new investments and the incremental value for 6th 6 Year use Substantial Investments relocating within the City. $5,000,000 or more for any eligible 100% for new investments and the incremental value for 7th Year use Substantial Investments relocating within the City. rd Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 rul July 29, 2014 Consider a resolution authorizing the City Manager to execute an Earnest Money Contract for the sale of the Hotel Beaumont RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: July 29, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract for the sale of the Hotel Beaumont. BACKGROUND On February 25, 2014, City Council passed Resolution No. 14 -043 accepting the bid submitted by NAI Wheeler for an annual contract for real estate broker services to list and sell City -owned property. NAI Wheeler has secured two potential buyers who are interested in purchasing the Hotel Beaumont located at 625 Orleans Street. However, after reviewing both Earnest Money Contracts, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Garden Street Holdings, LLC with a cash offer in the amount of $1,175,000.00. Garden Street Holding, LLC will deposit $15,000.00 as earnest money to Texas Regional Title for a feasibility period of 30 days. Garden Street Holding, LLC will have the right to extend the feasibility period for one (1) additional 30 day period by paying directly to the City of Beaumont an additional $10,000 in earnest money at least five (5) days prior to the expiration of the initial feasibility period. The initial $15,000 and the additional $10,000 earnest money will become applicable to the purchase price but non - refundable. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Garden Street Holdings, LLC for the sale of the Hotel Beaumont. The contract is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - TFx,�s AsSOCIATION OF REALTORZSI l COMMERCIAL CONTRACT - IMPROVED PROPERTY C"Te"s-ASS0682W a? FPEA�70nsv, Me- N14 1 - PARTIES. Sollor ac t groes to sell and convey to Buyer the Property descrri)ed in Paragraph Buyer agrees to buy the Property from Seller for the sales price stated in Paraclraph 3. The parties, to this contract are, sclicr: Address Phone: E-mail: Fax Other; F.3 LJyCr _. -- n 2, .Add ress: i� 7 ._ r Fax (D I h e t 2. PROPERTY, A "Property" means that real property situated in = — County. Texas at 7 C- �� T_'. � 7-1--1-- 7 (.RddFess) and that is legally described on the attached Exhibit or is fDllQVVS: B. Seller,.%,ill sell and convey the Property together willh� 1 1 all buildings, improvements. and fixtures 21 all rights- privileges. and appurtenances pertaining to the Property, including Scaler v right, title, and interest in any minerals, utilities: adjacent streets. alleys, strips, gores. and rights-cf-way; 3) Seller's interest in all leases, rents, and security deposits for all or part of the Property!, 4) Soers interest in all licenses and permits related to the Properly; 5) S0er's interest in all third party warranties or guaranfies. if transferabie, re-la-tiric) 110 the: Psupf.--•rty cur any fi�-,Iures; ti 6) S61er's interest in any trade name,, if transferable. used in connection with he Property-. and -7) all Sellor's tangible personal property located on the Propertyr that is used in connection with the Property's operations except: — - -------- - ---------- __ Any personal property not included in the sale must be removed by Seller prior to closing )esc6b-_ any exceptions, reservations, or restrict s in Paragraph 12 or an addendum. j ff rniner,.31 aches are to be received' an appropriate addendurn should be attached.) f she Prq00Tqy is a condomimum, attach commerc;a{ Contract (TA.R 19030,., 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Prop-cry: A. ,-,ash portion payaUe by f3t3yer at closing. - - - ............ P.- Surn of all financing described in Paragraph 4 ....... Sales pricetsum of 3A and 3B) nilialej for oontificatizm tDv n ri d ER U PI "I 1 (-.4 14 -ir I ­o-, "ilri Par {lire m ici -7, -t,­ - _2" EXHIBIT "1" Cnrnmc?rckal 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: D A. Third Party Financing- One or more third party loans in the total amourit of $ This Lh I Contract: D (TI is not contingent upon Buyer obtaining third party fmia,­IcIng J (2) is contingent upon Buyer obtaining third party financing W; accordance with the attached Commercial C ontract Financing Addendum ;;TAR-1931) D B Assumption In accordance with the aftachea Commercial Contract Financing Addendum i ' TAR, 1931 i, Buyer will assume the existing promissory note secured by the Property. %vhich balance al closing will be S C_ Seller Financing: The delivery of a promissory note and deed of trust frorn Buyer to Seller tinder the terms of the attached Corrimercia Contract Financing Addendum T4R-1931) in the amount of 5. EARNEST MONEY: A Not later than 3 day, after the effective date, Buyer must deposit S - - , , :�;, as earnest money ititle ti, ompany� with 7 1 at 7— ��791 �7, �1� s, (addres-s I It Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller s other remedies tinder Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest monev. 3_ BDyel will deposit an additional amount of S with the hk ,orr);Dany to be made part of [he earnest money on or before: ❑ fit - days after Buyer' right to terminate under Paragraph 7B oxpirosl, or Q fii I ___ 13UY01' will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days, atter Seller notifies Buyer that Payer his not timely deposited the additional amount. 171 Buyer may instrurt the titre company to deposit the earnest money in an interest - bearing account at a federally insured firiancial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Pokuy 1} Seller, at Sellers expanse, will furnish Buyer an Owners Policy of Title Insurance ,the title policy Issued by any underwriter of the title company in the amount &I the sales price, dated at or after closing, insuring Buyer against loss under the title policy. subject only to: 4 a ' ) those title exceptions permitted by this contract or as may be approved by Buyer in writing: and fb� the standard printed exceptions contained in the promulgated form of title policy unless, th-.-q contract provides otherwise - {t} The standard printed exception as to discrepancies, conflicts, or shortages ir area and boundary lines. or any encroachments or protrusions, or any overlapping improvements: Q (a) will not be amended or deleted from the title policy - Cl (b) will be amended to read "shortages in areas` at the expense of ID Buyer D Seller. ,,3) Within days after the effective date, Seller will furnish Buyer a commitment for title insurance sthe commitment) including legible copies of recorded documents evidencing title exceptions. Seller aUthorlzes the title company to deliver the commitment and related documents to Buyer at Buyer*F, address, Oace el 4 -.01, 4- 1 -,A In,tia-ed for lda�nTica*ior Seller C;crrr,efc --cintrac-'. - s'np,ovF ?rnpp-i-,, c',-2ricerninq B. Survey, Within_ days after the LSffoctivc dale 0_ : 1', Buyer will obtain a Survey of the Property at Ruyer's eypense, and deliver a copy of the survey to Seller. The =:urvey must be made in accordance with the: fii AI_TA,,ACSM Land Title Survey standards. or lii) Texas Society of Professional Surveyors' standards for a Category IA survey Linder the appropriate condition. Sellcr will rcimbUrSe Buyer — (Oserl cf the cost of the survey at closing, if ciosing or2curs- J 12; Seller. at Sellers expense: will furnish Buyer a survey of the= Property dated after the effective dale. The survey must be made in accordance with the, f ALTkACSM Land Title Survey standards, or (ii) Texas Society of Professional S,Ilrveyors' standards for a Category 1 A survey under the appropriate condition _'ehe,�s most recent A �3) Seller will deliver to Buyer and the title company a true S and correct copy of , urvcy of the Property along with an affidavit required by the title company for approval of the existing sur�.'ey. It the existing SU'Vey is not acceptable to the title company Seller. at Sellers expense, will obtain a new -,)r updated survey acceptable to the title company and deliver the ,acceptable survey to Buyer and the. title company within 210 days after Seller rccelvcs notice that the existing survey is not acceptable to the title company- The closing date will be extended daily up to 20 days if necessary tor Seller to deliver an acceptable survey within the time required. Buyer wi] reimburse Selle- ifnser! amour3r; of the cost at the new or updated survey ,j, dosing, if ciosinqc C. JCG ;search: -3 1 ) \Alithin—,— days after the effective date. Seller, at Seller's expense, will furnish Buyer a Uniform Commercial C.-lode tILJCC.) search prepared by a reporting service and dated alter the effective date- 'ne search Must idontify documents that are on file wjh the Texas Secretary of State and the county where the Properly is located that relate to all personal property on the Prooerry and show, as debtor. Seller and all other owners of The personal property in the last 5 years. LJ {2'l Buyer does not require Seller to furnish a UCC search, D, Buyel's Objections to the Commitment, ' -Airvev, and _UCC Search t1 t, copies of the documents evidencing the 1! Within days after Buyer receives the commitnic w title exceptions, any required survey, and any required JCOU search, Buyer may object to matters disclosed in the iLerrs if: (' a) the matters discloscd are a restriction upon the Property or constitute a defect Or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing: or ( ' bP the items show that any part of the Property lies in a special flood hazard area ran 'A" or "V­ zone as defined by FEMA). If Paragraph 6B!1',, applies, Buyer is deemed to receive the survey on the earlier of. (i) the date Buyer actually receivess the survey: or (ii) the deadline specified iii Paragraph 6B_ Seller may, but is not obligated to. cure Buyur s timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to `--Ure the objections, If Seller fails to cure the objections by the time required. Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections- If Buyer terminates. the earnest money, less any independent consideration Under Paragraph 7N 1}. will be refunded to Buyer. i3t BLIVer 5 failure to tirriCly ObjeCt or terminate under this Paragraph 6D is a waiver of Bjy(t s. ri�, ght to object except that Buyer will not waive the requirements in Schedule C of the commilment- 14 -iitialpi�, fur ;dentificni: n bv SeAe• and Euve, 3 D' 1 Cu,rlricrcial Comract rin-mcoc Propery concoming 7. PROPERTY CONDITION: A. Prese•t Condition- Buyer accepts the Property in its oresent condition except that Sefier, at Seiler 's expense, will complete the following before.- -CIOSIng B Peasibillty Period: Buyer may terminate this contract for any reason within = days ays after the effective date l.feasibifity period) by providing Seller .vniten notice of termination r,Check anl-v one box.,) 3 11j if Brayer terminates tinder this Paragraph 7:S, the earnest nioney will Lie. ;efurided to BLJVeF le'-,S $ - = -,' =" - - - o n side ration for BLiver unrestricted S that Seller WE retain as independent rrqh4k to terminate. Buyer has tendered the independent consideration to Seller upon payment of the arnount spocJied in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 76(1 s or t Buyer fails to deposit the earnest mo—ne+/—Buyer will not have the right to terminate under this Paragraph 7P. ❑ i2 Not later than 3 days after the effective date. Buyer most pay Seiler independent consideration for Buyer's right to terminate by tendering such arriount to Sailer or Seller's agent, It Buyer terminates under this Paragraph 7B. the earnest money will be refunded to Buyer and Seller will retain the independent consideration, The independent consideration will be ,-rcdited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph consideration. Buyer will not have the right for terminate Linder this Paragraph 713. G, inspections. Studies, or Assessments: During the feasibility perriod. Buyer. at Buyers expense, may complete or cause to be completed any and ail inspections, studies, (jr- assessments of the Property iinclucling ali improvements and fix-t:,jres� desired by Buyer- () Seiler, at Seller's expense. will turn on all utilities necessary for Buyer io make inspections. studies, or assessments, �3� 3 ,i Buyer must tai employ only trained and qualified inspectors and assessors: (b) notify Seller. in advance, of when the inspectors or assessors will be on the Property: (cI abide by any reasonable entry rules or requiferflCrAS Of Seller, (d) not interlere with existing operations or occupants of the Property: and ,'ei restore, the Property to its original condition if altered due to inspections. studies, or asse-ssments that Buyer completes or causes to be completed_ 4j E:,c . ept for those matters that arise from the negligence of Seller or Seller s- ager"ItS. Buyer 1--, responsible for any claim, liability. encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, 'including any property damage or personal injury, Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter fcr which Buyer is responsible tinder this paragraph, This iaraiciraloh survives termination of this co-itract- D. Properly Information: 1 i Delivery of Pro eriv lnformiation: Within --- days after the effective date. Seller will deliver to Buver-. (Check at! that 17 AR - rir!i1-J for oentificati-.-n b%- ler ,-d B�Ye--4-L� F 'a jc 4 14 -17", -1,1 M11 F-C -J,", I rlrr`en�ialCoritrac, |mprovc�rop�­t�, ccncomrt_q ] o current rent roll of all leases affecting the Properly certified by Selleavtrue and correct, �] {b) copies pf all current leases pertaining urthe Property, including any modifications, supplements. or amendments 10 the leases, [] (o} acurremt inventory of all personal property !o be conveyed under this contract and' copies ofany leases for such p�rsunaKproperty� [] (d) copies of all notes and deeds of trust against the Properly that Buyer will assume or tha, Seller will not pay im full onor before dusma-. [] (o) copies of all current service, moinLenanca, and management a8rormnn1s /olatinQ 8u the ownership and operation nt the Property: [] ([> copies o( current ubUty capacity letters from the Property's m/atwrandseweraerviceprovider� |] (g) copies of all current warranties and guaranties relating to all or part of the Property-, [] (A) copies of tire, hazarU. liability, and other insurance policies that currently relate \o the p/operly� [] (i) copies of all leasing or commission agreements that currently relate to the tenants of all or part of the prmperry a copy ofiha''as-oui|t' plans and upeo|fications and p�a!of the�rop*rty [J (h) copies of all invoices for utilities and repair's incurred by Seller krUhe Pnrpeoy inMhe24 months immediately preceding the effective daVe� O (I ) a copy of Seller's income and expense statement fo/ the Property from to � LJ (m} copies of all previous environmental assessments. aeolechnicai repor.s. szudics, cranaly000 made, on or relating to the Properly, |] (n) real & personal property tux statements [orthe Proper-ty (mr the previous 2 calendar- yesi­sand (o>11 nnan1 n*cnnriUu1iqn statement-, inr|uding, operating expenses. insurance and taxes for the, Property f,o,n_ ___ 1o__--___�� __ __-_-____ � and L] (p) {2} If this cnntirnct terminate- hzr any reason. 8uyer wi|i not later than 10 that [] (a) return to Se||eral| those items described in Paragraph 7D(1) that Seller delivered 10 Buyer in other |humanelectronic format and all copies that Buyer made ot those items: [] (b) delete or destroy all electronic versions of those items described in Paragraph 7D<|} that Seller delivered !oSVye'or Buyer coAicd�and [] <c) deliver copies of all inspection and assessment /eporlto related to lhe P,nperzy !hat Buyer completed or caused tnbecomp|eiod- This Paragraph 7D(2: survives tennicztion of this contract, F_ Until closing, SoUrri1>v��e�*t�P��yin|me�/�maonar� on the effective date under reasonably Prudent business stnmdinds. and (2) will not transfer o/dispose of any part ot the Propery, any interest in the Property, or any of the personal property or (the/ items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller no1c"ic, ioto, annend or terminate any m)horcuntnyct that affects the operations of the Property without Buyer's written approval, LEASES- A. Each written |oaoo Seller is to ooakgn to Buyer urdc/ this contract must be in fuH force and effect according to its terms. Sellcr may not enter into any new lease, fail to comply with any existing lease, or rnaha any amendment OF modification to any existing |eaaewjthoo1 Bxycr'smni�cnonosao1 Seller must diac|ose, in wnting, if any of the following exist althe time Seller provides the leases tothe Buyer or sobaequendy occur before closing: (1) any failure by&eNer10 comply with SeQ*''n obligations vnder the tcaoas� {',ortraz;t - I7T',PTIJ"d PrDrleny concerning (21 any circumstances tinder any lease that entitle the tenant to terminate the lease or seek any offsets or damages: ti3) any non-occupancy of the leased premises by a tenant �4) any advance sums paid by a tenant under any lease: (5) any concessions. bonuses, tree rents, rebates, brokerage commissions, or other matters that affect any lease: and 6) any amounts payable under the leases that have been assigned or encumbered. except as security for loan(s) assumed or taken subject to under this contract 6, Estoppel Certificates: Within __ __ days after the effective date. Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenan, that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the e3rhesT date 'hat Seller may deliver the signed estoppel certificates wv�� A. The brokers to this sale are: Principal Broker! Cooperating Broker: _7r 7 A,,Aross 0��Clne F av q se N C.: ic.mse No Principal Bioker oniv one box, j C_'ooperanrig Broker riraoresents Bjy- CD represents Selw r OnIv- El represents Buyer only- ,j is an intermediary between Sellcr and Buyer. 5 FeP-, (, Check cyni_y i 1) or ,`2.) beiow-.; (Complete V)e Aqreement Between? Brokers j4 i f,r rs seiected_.: J !'i Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller- Principal Broker will pay Cooperating Broker, the fee specified in the Aareement Between Brokers found bellow the parties' signatures to this contract 21 At the closing of this sale. Seller will pay Fria -.ipal Broker a tfALlJ cash fee of. Cooperating Broker a total cash tce of: LJ 0-' of the sales price. ❑ of the sales price. F-I The- cash tees will be paid in uounty. exas Scticr authorizes the title company tc pay the orokers from the Seller's proceeds al closing f AH-1K," 14-'-14 iritial-ec for laert.licat.o7 by 56�ey . .. .... Inc. iijy�r — 6 of 14 4 I ccncernn� C',c,m,r;crc.i acintrac- mproiL-d FlrDpom NOTICE. Cha)ter 62, Tex as Pipperty Code. authonzes 2 broker to secure an earned cornmission Vvith a lien qgainst Me Pro.OpIr"Y The partiQs may iot amend this Paragraph 9 without the written consent Gf" thic brokers affected by the arnenomenL 10. CLOSING: A. The date of the closing of the sale (closing date) will be on of before the late' at: I D days after the expiration of the feasibility period. ,specific dsyel. vv d days after objections made under Paragraph 6D have been cured or a iv 0 2, If either party "ails to close by the closing date. the non- defaulting party may exercise the remedies in Paragraph I C At closing, Seller will execute and deliver to Buyer. at Seller's expense, a D general especial warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted Linder Paragraph 6 or other provisions of this contract. Seller must convey the Property: k� against the 1 with no liens assessments, or Uniform ommercial ,ode or other security` interests Property which will not be satisfied out of the sales price UrAICSS sr -- curing loans Buyer a<SSUrnes. 2 without any assumed loans in default!- and (33) with no persons in possession of any part of the Properly as lessees, tenants at sufferance, or trespassers except tenants under the written leasos assigned to Buyer Linder this contract. D At closing, Scllcr at Seller's expense. will also deliver to Buyer: r;1 ? tax statements showing no delinquent taxes on the Propert,y: ill) a bill of sale with warranties to title conveying title-, frec, and 0ear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract-, an assignment of all leases to or on the Property-, 4) to the extent that the following items are assignable. air assignment to Buyer of the following items as they relate to the Property or its operations: al licenses and permits: .:'bi maintenance. management, and other contract5; anc, ,: c) warranties and guaranties: 5.1 a rent roll current on the day of the closing certified by Seller as true and correct: 61 evidence that the person cxocuting this contract is legally capable and authorized to bind Scller; 71 an affidavit acceptable to the title company stating that Sel!er is riot a foreign person or, if Seller is a foreign person. a w6ttert authorization for the title company to: 0) withhold from Seller s proceeds an amount sufficient to comply applicable tax lao,,: and (!j) deliver the amount to 1he In!ernal Revenue Service together with appropriate tay, forms-, and i8 any notices. statements, certificates. affidavits, releases. and other documents required by this contract. the commitment, or law necessary for the closing of the sale and the issuance of the title policy. all of which must be completed and executed by Seller as necessary E_ At closing. Buyer will: '. i) pay the sales price it good funds acceptable to the title company-, X21) deliver evidence tha-. the person executing this contract is legally capable and authorized to bind Buyer: 3) sion and send to each imam in the Property a written state,ncnt that t I a } acknowledges, Buyer has received and is responsible for the teriant"s security deposit. and (.b� specifies the exi(-T dollar amount of the security delpo�0� lnraaiod fos IdentiU-_31jan ny SL•Il•t er of 14 ti .ommercial Ccnr.-act ImprDvoci Proper,y con, rnin,. L f (4) sign an assumption of all leases then in effect; avid t5) execute and deliver any notices. statements, certificates, or other documents required by this contract or law neoeSsary to close th�e sale. F Unless the parties agree otherwise, the closing documents will be as found In the basic forms in the- current edition of the Sta-le Bar of Texas Real Fstate. Forms Minual wohl)L►t any additional clauses- 11. POSSESSION: Seller will deliver possession of the Property to B uyer upon cliosing and funding of this sale "r in its present condition with any repairs Seller is obligated to co npiete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after (-,losing Ihat is not authorized by a separate written lease agreement is a laridlord-teran-1, ail sufferance relationship b-chveon the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions, of this contract.. (It _peoial prowsior?s arc-, G-ontai.rlled ir, an Adderdurn. idenfifj, the Acldendum here and reference thn Addi5?r?dvrr in Paragraph 22D, ! 13. SALES EXPENSES: n 71 nn 7C C-X,71=,f: 'Inl: s­ :7e -: : t7 e A Seller's Expense,;: Seller will pay for the tollowing at or before closing: f 11 ases of existing liens. other than those liens assumed hv Buyer. inrAiding prppa-. ment penalties and recording fees, 1: 2) release of Seller's loan liability, if applicable., l3) Tax statements or certificates; l4l) preparation of the deed and any bill of saie: S) one-half of any escrow fee-, 6) costs to record any documents to cure title objections that Seller must cure and other expenses that Seller will pay under other provision-- of this contract. D. Buyer's Expenses: Buyer will pay for the following at or before closing: 0 ) all loan expenses and fees: i.2s preparation fees of any deed of trust: ( 3) recording fees for the deed and any deed of trust-, (4� premiums for flood and hazard insurance as may be requ:red by Buyer's ic-Tideri (5) one-half of any escrow fee; and ,'6) other expenses that Buyer will pay under other PTOVisior►s of this contract. -iitinl_�-a2 "'w"r lcontficaliDn tv Se. !e- -Ila 3-u-ve I Pnzie o; 14 -,ommercbi 1-npmv-�ci Pr000rtvl con�,.err)fnc 14, PRORATIONS: A. Prorations: rte Interest on any assurried loan taxes. rents, and anv expense reimbursements mbUrsements from tenants will be prorated through the closing date- 2 2 ) If the amount of ad valorem taxes for the year ir. which the sale closes is not available on the closing date. taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorationz when the tax statements for the year in which the sale closes become available- This Paragraph 14Af ' 2) survives closing. �3) If Buyer assurnes a loan or is taking the Property subject to an existing lien. Seller will transfer all reserve deposits held by the lender for the payment of taxes. insurance premiums. and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller changes the use of the Property before Giosjng or if a denial of a special valuation or) the Property claimed by Seller results in the assessment of additional taxes, penalties. or interest iassessments) for periods before closing, the assessments will be the obligation of Seller. It this sale ar Buyers use of the Property after closing results in additional assessments for periods before closing, the assessinonts will be the obligation Of Buyer. This Paragraph 14B survives -Josing. C. Rent arid Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 clays after the rent is reccivocl, This Paragraph 14C sur-vives closina., 15. DEFAULT: A, If Buyer fails to comply with this contract. Buyer is in default and Seller, as Seller's sole remedy(ies}, may terminate this contract and receive the earnest money. as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(4) which Seller may pursue, or f Chec,* if ippficabio,i �J enforce specific performan-ce. or seek such other relief as may be provided by i-aw. B. If, without fault, Seller is unable within the time allowE-d to deliver the estoppel certificates. survey or the wri-ir-nitt-nent, Buyer may: 1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 71Bj 1): as liquidated damages and as Buyer's sole remedy: or 211 extend the tame for performance up to 15 days and the closing will be. extencied as necessary. C— Except as provided in Paragraph 158, it Seller Tails to comply with this contract, !Seller is in default and Buyer may: 11) terminate this contract and receive the earnest money. ess any independent consideration under Paragraph 7B {1 j; as liquidated damages and as Buyer's sole remedy,- or 1 '2 n f o rc e s pec ifi c performance. a s B u ye rs sole 16. CASUALTY LOSS AND CONDEMNATION: remedy. A, 11 any part of the Property is damaged or destroyed by fire or other caGUalty after the effective date, ;otter must restore the Property to its previous condition as soon as. roasonably possible and not later than the closing elate_ If, without fault, Seller is unable to do so Buyer m2v- ,1 __ j', I tor ldent-licat:on by Sel-er a Euycr ,. "", � Pape 9 -o` 14 CommcTC,a m��~all ����v��em� (l) terminate this contract and the earnest money iesu any independent conside/aUon under Paragraph 7B(1)' will be ref undedLoBuyer: �� ex��n��h��m�kn up � closing will be ext -ended a3 necessary, of (3) accept n% closing: (i) the Property in is damaged condition: (ii) an 000�omen1 of any insurance proceeds Seller is entitled to receive along with the insurer's consent &athe assignment: and (iii) a credit to the sale-, price in the arnount Of 211� unpaid deductible under the policy for the loss. B. If befQnvJmSiw or proceednQ, are cummemoed against any part or the Property, Buyer Map: i1} terminate this by providing written notice Seiler the condemnation proceedings and the earncs! money, less any independent corisdera lion Under Paragraph 7B( 1), will bo refunded to Buyer: or (2) appear and cleand the condemnation proceedings and any award mjU. at Bvye/'� c|cc�mm. belong /o: (a) Sexerand the sales pooew0| be redooed ;y 1no same amount-. or -'b) Buyof and the sales price will riot be reduced. 17. ATTORNEY'S FEES: it broker or the tiVe company is a prevailing party in legal proceeding brought under or with relation to this contract or this transaction, such party is nd|ed&nrecover |nnm the non-prevailing parhnn all costs o[ such pnomeed|nq arid reasonable attorney's tnns —his Paragraph 18.ESCROW: 4' At closing. the earnest rm000yMl| bo applied first to any cash down then Buyers closing costs, and anyuxcess will berefunded to Buyer. If no closing occurs: the title company may require payment of unpaid expenses incurred on behalf Of the. parties and a written release of liability of the title comoa-iy from all parties. R It ono party nnakcmvvritta= -Jernarld for the earnest money, the UUo company will give notice of the demand by providing to the othmrparly o copy of the demand If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party- the title company may disburse the earnest money to the party making demand reduced by the amount Of unpaid expenses incurred on behalf of the par!y receiving the earnest money and the title company may pay the same (o ale creditors, C Tho UUocompuny will deduct any independent consideration under Paragraph 7B(1) before disbursing anv earnest money to Buyer and will pay the independent consideration to Seller. � |f the title company complies with this Paragraph 1S. ooch party hereby releases the tiMeoompany from all c|ojns related to the disbursal of the earnest moncy. E Notices under [hix Paragraph 18 mms1 be sent by certified mail, return receipt /��u�*te� Nub��n��lhc 88o company e,* effective upon receipt by the. title connpany- F. Any party who wrongfully fails or refuses 10 sign a release acceptable to the title cnmpmny, within 7 days after receipt of the request will be liable to the other party for |iquidated damages- in an amount equal to the sum pt (i) three times the amount of the earnest money: (ii) the earnest rnmney: |ii|) reasonable attorney*sfeeo� and (iv) alt costs o/amit. G, 13 Seller D Buyer intend[s) to complete this transaction as a part manexchange ot like-kind properties in accordance with Section 1031 of the |rltorna\ Rnvemoc Code. as amended. AU expenses in connection with the contemplated exchange will bc paid bythe exchanging psrty. Tho other party will not incur any expense or liability with respect io(Mctxchamqc The parties agree Locoop-era1e fully and in good faith to arrange and omnsummato the oxchango so as to comply to the maximum extent ,l feasible with the provisions of Section 1O31c)f the Internal Revenue C'ocie. The other provisions of this oontract will not be affoc�d in the event the contemplated exchange fails to occur. 44, MATERIAL I'— beet ei Gelleli'_ :1 A, pf 20.NOl10ES: All notices between the parties Linder this contract must be i* writing and are e#ectivenvhon hund'de|iveoed. mailed by certified mail return receipt /wquested. orsen/by facsimile z,unsrnicm|ontmthe par-ties addresses or facsimile numbers sLaton, in Paragraph 1 Tho parties will send copies of any notices to the broker representing ihe parlyto whom the notices are somL 1J A Seller also consents to receive any notices by e-mail at Seller u e-mail address stated in Paragraph 1 [J B Buyer also consents to receive any notices by c-mail at Buye- s e-mail address slatod in Paragraph l 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to peso:xe any dispute related to this cnot/mc.1 that may arise- It Lhe dispute cannot be resolved by negotiation 1he parties will submit the di t to mediation before resorting to rbltnu1immorUUgatiun and will equally share the costs o( a mutually mcoeptnbKe med|auor. | his paragraph -survives termination of this contract This paragraph dvwv not preclude a party from aeeking eqmitoh|r relief from a oour-,cfoompeter*/unsdic\inn 22. AGREEMENT C)F THE PARTIES: A This contract in binding on the part/es, then heirs. executors. rcpneoon\cniw:s, successors, and permitted assigns. 'This contract is to be construed in accordance with the laws of the S�ntc o|Taxmy. If any term or condition pf this contract shall be held to be invalid or umaniorooab}e, the remainder of this contract shall no1 ho at/ectedthemaby B Thioconirottnmmta/ns the entire agreement nfthe par-iea and may not bechanged except /nwriting. {� |f this contract is executed in a numberot identical counterparts, each counterpart is aon/igina| and all ovuu,e/pano. co}iecL)ve|y' constitute one agreement ^nnicmuxmpltmo,tlr)mhv aro ____ p^g* /4 Con-.morcial '_'.ontract - imDro-ve-s trap -erty conce.rninp D_ Addenda which are part of this contract are: ,Cheek a.)thaf aDpl4,_11 LJ 1) Property Description Exhibit identified in Paragraph 2; Commercial C ontract Condominium Addendum {TAR - 1930,: 1930ti: D 3). Commercial Contract Financinq Addendum (TAR-1931 :j (.4't Commercial Property Condition Statement (TAP-1408.): :) {5j Cammercial Contract Addendum for Special Provisions (TAR-1940): 0 ?Eat Addendum for Seller's Disclosure of Information on Lead Based Paint and I cad-Basod Paint Hazards TAR-1906',- ? '7` Notice to Purchaser of Real Property in a Water District WUD,): El 81 Addendurn for Coastal Area Properly (TAR - 1915), ?9 t Addendum for Property Located Seaward of the Gulf intraccrastal Waterway JAR -1 f! 6). U 1 Ot Information About Brokerage Services (TAR - 2501): and T. AR ca­ V d.' aicoreda VINch arc., PP.I! _Esvato Commoson o, E. Buyer El may CJ may riot assign this contract. If Buyer assigns this contract. Buyer will be relieved of any future liability under this contract only if the assignee assumes. in writing. all of Buyer's obliciations Linder this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the tirrics for performance- If the last day to perform under a provision of this contract talis on a Saturday. Sunday. or lec gal holiday, the time for portormance is extended until the end o the next day which is not a Saturday, Sunday, or legal holiday. 24- EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the tide company receipts this contract after all oarties execute this contract. 25, ADDITIONAL NOTICES- A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection. or 9uyer should be furnished with or obtain a title policy- 13 If the Property is situated in a utility or other statutorily rreated district providing water. sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code. requires Seller to deliver and Buyer to Sign the statutory notice relating to the tax rate. bonded indebtedness, or standby tees of the stet .1 betorefinal execution of this contract. 0 Notice Required by §13.257, Water Code: The real property, described beiow. that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a c,ertificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service, There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine it the property is in 2 certificated area and contact the utility service provider to determine She cost that you will be required to pay and the period, it any, that is required to provide water or sewer service to your property- The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the reai property described in the notice or at closing of purchase of the real properly- 'The real property is described in Paragraph 2 o' this contract- D It the Property adjoins or shares, a common bDunda,-y with the tidally influenced submerged lands of the state. §33, 1315, Texas Natural Resources Code- requires a nDfice reqardinq coastal area property to be included as part of this contract. ln­2iod to, Idantitcaucin D� B-_J}'F­ l I Pagr '2 ot '4 ,mmcr=1 Coruaat ir-rprpv etf Pro. rtv 'on ermnc E If the Property is located seaward of the Gulf Intracoastal Waterway. §61025. Texas Natural Resources Cocie. requires a notice regarding the seaward location of the Property to be included as part of this contract. F. 1i the Property is located outside the limits of a municipality, the Property may now or inter be included in the extra-territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located wilhin a municipality s ETJ. Buyer should contact all municipalities located in the general proximity of the Property for further- information. G If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to L-jr-- made part of Phis contract 1�, Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold rernedialion nertificate issued for the Property during the u years preceding the date the Seller -sells the Property, I. Brokers are not qualified to perform property inspections,. surveys, engineering studios, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services- Buyer should review local building codes, ordinances and other applicable -aws to determine their effect on the Properly. Selection of experts. inspectors, and repairmen is the respGnsib[lity of Buyer and not the brokers_ Broker~ are not qualified to deteLn-riine the credit Worthiness of the parties 26. CONTRACT AS OFFER: TI-!e execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless ttie other' party accepts the offer by 5.00 p,m, in the brine zone in which the Properly is located, on the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller; 7.77-' Prim E Name: _7111 t t -- Teti Buyer E� ". z1finlec Naric. S -"itl Dr of 14 '—Arani 4 1 - - 1 - 'a _ '-k 1J,- i ',h, 0,z"- Commercial Con•raci - lmpmved llroDer-y, con--crn�np AGREEMENT BETWEEN BROKERS (use orr�v it RTTqqr,7P,17 96i, ; ;'s & tcc tve, Principal Broker agrees to pay i Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ - --- ,or of the sales price, or . O'D of the Principal Broker's tee. I The title company is authorized and directed to pay Cooperating Broker from Principal Broker's tee at closing, This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. PTinmpal Bro, c:r- Cocpera in q, brct:.er: By. Plicne Fax.. F mn i Seller's attorney requests copies of documents notices. and other information: • the title company sends to Seller. • Buyer sends to Seller. R ATTORNEYS Addiess- h c ne & Fax. Buyer-s attorney requests copies of documents, notices. and other information: 0 the title company sends to Buyer 0 Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of D A. the contract on this day {effective (late): D P. earnest money in the amount of S in the form of Oil Tilly compan',". B -tic number Addross: P,mnc, & Fa•� E -nad. !TAR-1 -1 � '4 P.-y,E- 14 of 14 BEING a 2.6,700 square feet trams of land out of Block 40 of the. Original Town of Beaumont in th-- Noah TeyLs Survey, At smact 52, Beaumont, le fee_ County, Texas, said tract bctng all Of Uot 201 and 202. and part of Lots 198, 199, 7W AiI4 206 of said Bock 40, and bei" all of the pmptrry cotiveyrd to Harvey F. Miller by Deed (Wed May 17, 1931, and recordod in Veal 2317 page 400 of the Deed Retards of Jefferson County. Toss BEGINMNG at the moat Westerly or Northwest corner of Lot 201 of Block 40, of the Original Town of Reauntoot, said corner being located at the point of ihWstcton of the Northeaster1p right of way Line of Orleans Street and the Southmqterly ngbi of way line of Fannin Street; THENCE Noilb 49' 26' Es.31 (rcfercnm bearing) along (be Southeasterly right of wey liat- of Fannin Stmt and alaig the Nortlwesrey I= of Lots 201 zad 202 of Block 40, a dwawe: of 120 0 feet to the Northeast or most Nortbedy corner of Lot 202, and The mgt wesjcr[y corner of L-oi 203 and be* the most westerly or northwest CoTwr Of that =tain tract c4mveyed to Jefferson "Theatre Pmenmbov Society by D"d daLcd Novctabcr 11, 1976 and recorded in vol, 7� 6 page 442 of the Deed Records of Jefferson County, Tcx2s, TTIENCE South 40' 34' East along the common line of Lot-,; 202 and 203 and along the Southwesterly linc of the said Jefferson Theatre Traci. a distance of 160.0 feet to the. mnm Southerly or Southwest corner of said Jrfftr&ou Theatre Tract located in Lot 206, North 491 26' East along the SoutheaAtcrly line of the 30feme Theatre Trw, a dis;L-mce of 30.00 feet to a point for corner located in the dividing Elie between Lou; 206 and 2�F-i; THENCE South 404 34' East along the common lint bctwmn Lots 2N and 201, a distance of 50.00 f= to a point for comer located in Lot 198, THENCE South 49' 26' West Wong Lhc Northw,=crly line of a tract conveyed to Rogers, Drothcrs by Deal dated April 13, 1964 and recorded in Vol. 1384 pagc 175 of the Deed Records of Jefferson County, Texas, said Luse being parallel to and 90 00 feet Northwesterly of the Northwesterly right of way late of Forsythe Street, a distance of 150.0 fee to the most Wr-scerly or Nomhweq comer of said Rogers Brathem tmct, said comtT being located in the NoribmsterlN, right of •;ty line of Dritans Street and being 93.00 feet from the Southwest comer of Lot 200, THENCE North 40' 34' Wcqt along the Northemwly right of way line of Orleans Street and along the Southwesterly hire of Dots 209, 2116 uW 201 of Block 40, a distance of 210-0 feet to the PLACE OF BEGINNING and containing in area 26,700 squarc fbc!t of land, more or less. APPROVED BY THE TEXAS REAL ESTATE COMMISSION ADDENDUM FOR SELLER'S DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD-BASED PAINT HAZARDS AS REQUIRED BY FEDERAL LAW THE �'AOPEHTV A I cnNC_z:;iNlNG m MC A- LEAD WARNING STATEMEW- "Every r➢LJrChzv,-.4?r w any" interest in residential fea! props ^y v-7; whinh a ies,idwili,il r! ekiftf r1otilied that such prope—v' may prequ exrnysur,�? in from lead - W I W�js raring in 19(� based Pairt tha* may I)i=12 rClLjnq c',hi-.dren at T:,;k. of devvlopina leac zioisoning. Lead poi.,.wriirv; in youri-I F-hildrer, FTI,-.3y vroduce. perr-narierli re;.rolri, Jc fl damaoe. includiric oarni�ne, disabilitir?q. Fedl.Xed intelligencie quotient, Defavival problems, and impaired riemor}r. -ead potsonina also posc n particular ri-.k -,7, pregnan. women. Tne the bUyeT wilt any Mtorrnwion ort lead scher of any interest En resielonval real property is reClUirea to provi-Je. basc,dl paint hazards from risk assessments o, insppclions in the s6ler's pos5,assion and rioffv *he bijqor of any =mown Icad ba:,c-d p�rn! fiazard_,,. A risk QT iwzpecho-, lo- possible lead -paint ­a:_ard -; is recoriirrif-.nded prior tc Pjr-J-,a!:e * NOTICE: Inspector must be properly certified as required by tederal law. B_ SELLER'S DISCLOSURE: PAIK7 AND.10;� L:::AD-BASEC, ;'Alr,7- HAZA71DS iclieck ane bc�): Qr-IV'. PRES; 1`�r_E �,F L=AD-BASED ] : a) Kno,,,;n feat -based pusi-it anni,,or loud -basoo_ pain; hazards are Drciscn: in fie PmDp. i1expini 'I" S-iller has-, na actual kncwipdp of if�ad bafgd pain! nna"'Cir lr?nd-ba�;Pd pain' hxzardF. in the Prop, en,y CORDS AND REPO TS AVAIL Tf-D SELLER ichecX one box cnly� 2. R,'z _ ' .71 :a; Seller hr,.. provided 'lie purchaze,- with a4 avii.aole n5!corcs a-d ro,.)oTtL piertaininc., to eac-ba,_,ed p,2irit and,or pairt li,.var.15 in lhe �ropertv s". i do,!_,mentsi, Z1 ;n� Seller has n-, cper-,- or Tac-ards oortwirlinc ,c cad-based za,nt andior iead ba-;ed P,`1i',11 in lht� C. BUYER'S RIGHTS j'ohec . or;e box M7 I Buyer waives the opportunity to conduct a risk assessment :5r rspecction of the 'ropers' t^r tnE nmsence of =L,_ad basec pa r­i*.,,_)- lead-basec paint hazards, [:j _. Wfthin ter days after the cftcctNe date of this contract. Buyer rear gave the Flroper-,y, inspcz;= oy inspaators selected ky B, ye f. l' lead baste paint o- lead ba;cd paint hazards are present. E yt c inay tcrrmnatu, contract b'v Seller writtlm notice within t4 A-,3y- after t,ip PfPc,!vP_ date of th;� n^n,.r.ar:l qri 7,)r, F,,�rncSl money will be returded o BuyeT, D_ BUYER'S ACKNOWLEDGMENT (check aDp'licabe boxi:-�si: F ) I Bra yer has received caps of all int rmation listed above. C,j 2. Buyer has received the painphfe: Prolect Yov., Famil y �rom Lcm� in Y,�okjr Homc. Broker; E. BROKERS' ACKNOWLEDGMENT: Broke have riformec Seller of Seller's, obligations _,nde- 412 1j, ' C 48'- >26 to- al vroviie. Buyer w,th the fedcraily approved parnphic' on icac poisDninq prevention; �:ompletc this a';ds in the P�G, �d' do5vcr all addendum ic} disclose �jivv ki�uwn lead-based paint and or lead•basec pawt naz )ert�, -e.:o,ds and rf-ports to Bvyer perLwnin( I oani and,,,nr Ipad gas pain! hazavJ.; in ­^r- Property; (©i orovtdc Buyer a period Of rip 7- 10 da?S to Pr. -,perty mspect�'d_ and r�*air ..- compl•te-d copy f this. addendurn for a" least S years fodowing the sale Brokers are a%va-e nftf=eir re_ ;pom itiiity to em;ure compharic.e. F. CERTIFICATION OF ACCURACY: The tellowinq persoris have tevi;-woa.d the r, crm;,,tzQr aq­)ve and -,urLrf,,, thy: kt,owk:,dco th. ^, the intnrmqjicn thriv Mvp provd,-d i5; t• ter? and accurate. sf Buyer 7)3v, Seller Date Ruycr Other Rrokpr Date. Seller Date Date Listing Broker Date 1— 71 I!f,, add—Ju- ,X; b_ , aMICNed nle t7,C Tkx; R,7.,l 2—i=­ 1r ­Ih or ,fornulciatc-.7 63­p nr S—fl JPPt01,'Z rAat9-_ to Ns contract t(STRI )­, T-RF',- Tarr_:: aic, 10, .2k Only by rraMrfl sstmc Nc rc­,r0oonL1U0n is m3dr q- -,r, lhr lm,;li wuliditv (n adecivac:,. e any r, any cxp,-:4ic sznaactc— it � not 1- 7e.3s Rea! Estate R0.9o.. 1212;1_.Air_ln, 7X 76­ --LlSb JAR 191 F) i ') I TREC No. OP-L - ' 0 10-', PURCHASERS Flic n2a.l propcm, &scribcd, bciiow, wh ch vou are ai)oui lo purchasc, -is iocated in J,�Tf I crson Count,,, DirainaL­,, Djstr:ct No. 0. The f)ltil.let has taxint, au:nontN separau: ftom mriv vthcF taNItI,: mjkhori!,� wid may. 5ub.loct to voic- approva- :ssu an urninut'd nitc, of '­1\ in pavinc nt of Such oonkj�, '.2_0i} of fl-iis date. Lh,­ raic of laws IQvicd bN: the Di�trict on :'c-al PY(Tcr\ it,)C;jj�:d ill the Distric", :,, 7 ccrits on each '-,,l00 of vniii,,iTion Thc total aniounr of hond,s Thar inw,(: xm awrovutl by 'ht- -k (1:o­s md which niuv he j�suod by thl-, Di�itric', (C•"Aidino, rcfundim hondF. and an'. `)ond" vr ponlon ut borid., payabto- Kilcl', from rcvcnu,�� "d o- CXp-,,,Ctcd it, be T::ccivcd pursuant to a xm!rac, midi c-n-imontal k S): ho-,kever, C()TI3r.J�:1 F,'� CTILL,,' TQfunji-m-, bonds have been approved by rho Disirict's Board in the t0llo» v­no� origlual amounr� Senes 2CKi - '.-_,J.995,000, Th augrcgatc initial principal arnflum tat. ail bunds of the District payabic in wfiolr w part from Laws icxeTudim_, -cfunding borids and anv bonds or n_ Orien of bon& pavahio sclleN -11-on-1 1.cvtnue rectived or C-,;pcc-ed :o bk- T,-cL:i,,cd pursuaii-,, to it L:oiI11T-a(,1 4t'1111 i1 ,T( pl, L:miincntjt mlilvi thul havL� bccn pi-kniously i,,sued il,, S0, t11C CLITI-ell' principal amnunt� of n:1und111U b0ndt� OUISIZUldiriv are as Serle.,, 200, Co-inic, CT L L' Refundin2 Bonds S9iO_000. The contract revenue rd­Undlm� bonds :uc se-r,-iced tliroul-,h tax c." collcctld flor maintcnancti and aporating. Funds from maitlic,11 nce an(] opt:nWin- ari` trait - stewed To de'nt 3LFNTi`' I 1- 017 I Z� �11111LK[tl IT14tZ1ltn1CI1B WVVZvd pavilient of the contract rcvcnuc i%C fundimg boiid5. No Scparatc tax ri" h �ol 50- cownwi r,:� OTIUC rcfundl L ()II(k Thr Dk!nct (Jocs not imposc a standov 1-11L: puroo,", of is to providi.: drailidou or flood cowrol 111clilitics and sc--va:cs within the f-Astric: through t K iSSUance (1f bonds navable m wholc or in part frorn propci-ry TaXLt�. f f7c Cori of thCti,: Utill-V f"aCilitiCS IS 110-1 iWiLlded in the purchase p7ice ofvour proporr.V. and, thc�c facil;ries are (oovncd OT 10 6C 0),VTICO' bV [lie f }l roil. Th l '<ii &,.-c.nplimi of thl_^' 'p-opem 1vhi4.-h volt 4:-e ai:quirtnacl is as S", i A [I I h I I Dato ts.Lllc: l Pl_ RCAIASLR IS ADVISE-1) I'HAT TH1 IINIP()RMATION SH(MA C)N HdIS FORTVI IS SUBJECT TO CHANGE BY THE DISTfUCT AT AM TIME, TI-IF DISTRICT ROUTINELY F,-.STABI-ISI-ILS*I'AXR--k'I'F.S Dt-RING TI IF VIONTHS01- SFPTEMBF.R THRot iGl! DF_('FN-1BFR OF FACH Y✓AR_ 1-_-FFE.C'T[VT, FOR THY', YEAR IN WHICIF1 THE TAX RATES ARF APPROVED BY THE DISTRA-1, P(_IRCHASFR IS ADVISED TO CONT"NC-1- I'HF- DIS-f RRA I"() DFTFAN-UNh -OR N THE ()RPROP(-).S[-.I)CfFANC-IF.,�-ITC)TIIFINI ,I,-XTfC)N SHOW\ V1111's, Ht KM The undersigned purchascr T-CC CTI (11' lb(' I'OrL�00im_, T1011 . CC al OF 11TIOT 10 a hindim-T coniract for rh.- purchase of the real p-op-erty descrilied in SLIch notice or a' NOCUU011 0�1 0 S m tT Of purch-ise of the real properly. Date THE STATE OF TEXAS COUNTY OF ---- "(Buyer) This instrument was acknowledged before me on TILE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on After recording, return to: , by Notary Public, State of Texas ..by Notary Public, State of Texas f2l Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about roontrOUS& brokerage services to prospective buyers, tenants, sellers arid landlords. OPPORTUNITY Information About Brokeraae Services efore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an 10 -10 -11 intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner: (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real e5late- icensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Helier, Landlord or Tenant en Texas Real Es ate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC)- If you have a question or complaint regarding a rec I estate licensee, you should contact TREC at P.C. Box 12188, Austin, Texas 78711 -2188 , 512 -936 -3000 (httpY/www.trec.texas.gov) (TAR -2501) 10- 0 -11 TREC No. OP -K NAI Wheeler.470 Orleans Street. 12th Floor Beaumont,TX 77701 Phone: 409- 899 -3300 Fax: 409 - 899 -3301 Erica Goss Garden Street Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about EQUAL G HOUSING OPPORTUNITY brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokeraae Services efore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an 10 -10 -11 intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly: (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner: (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer: and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant Date City of Beaumont Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC) If you have a question or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711 -2188 . 512- 936 -3000 (http ✓ /www.trec.texas.gov) (TAR -2501) 10 -10 -11 NAI Wheeler,470Orleans Street- 12th Floor Heaulnonl_Fx 77701 Phone: 409-809-3330() Fax: 409- 899 -3301 Erica Goss Produced with ZipFormOO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com TREC No. OP -K Garden Street ADDENDUM ONE TO CONINIERCIAL CONTRACT-IMPROVED PROPERTN -1-his _-kDDF_NDtA,l V\E 1'(.) (_'(A4,Mf_RCtAL is 11icoypo7ated into and nimtt p. rl W`thUt CCMlif) C0111MC7C1,11 COTIM!;I-tlllp P:, klr� IN it.,� rov,�� , 7 L h "Cowra,:C) b twccn The Cit-% (if licaiumont ('-SLJci')_ xid Carden Street "ol(Jjng-,. (liuvi:r­), rc,_,ardjnL, the sale and purk:JwSC C)l the P j)[)OTT' cic­4c - ribcd i 1'0--b -z! .� of :lw Coz ac, i,ommonly i-tt cncd to 2� lloa` �c'aumont­ and !11 625 Ozlellns, In The c%k:nt of an,' bero.vcri Udciidunl, ().-K,arid 1,host ofihc' C this Addcriduin Onc,;Iinll gtncm and conrt-()6_ Z7 1. SLLLLLR AND BUYLR AGREE THAT THE PROPER11 I's BLINC SOLD TO RUVER AND VN ILL BE CONVEN41) BN SELLER TO BU I ER IN [Ts "AS -FS" "\\ HERE -IS" CONDITION, \XVITH ALL FAI., LTSA-ND SUBJECT TO ALL RISKS ASSOCIATED WITH OWNLRSIUP OF THE PROPERTY, AND NNITHOUT WARV_-VNTIES OF ANY KIND, FXPRESS OR IMPLIED, EXCEPT FOR THE SELLER'S SPECIAL WARRANTY OF TITI.F. WITHOUT IN A-NY WAY LIMITING THE GFNERALIT) OF THE FOR-LGOING, THE SALE OF THE PROPERT1 Will, HE NVITHOL'I ANY \NARRAN'lly RLGAR-DING Tll � N -t CONDITION, SUITABILITY, FITNESS OR QUALIT) OF THE PROPER11', OR THE PRESENCE OF ANY DEFECTS OR CONDITIONS, )NHETHER KNOkN_N OR 1 N .-NOWN TO SELLER- AND SELLER AND SELLER'S AGUNTS, EMPLOYFES. ATTORN✓IS, CONTRACTORS AND AlIFILIATES ICOLLFCTI\ELN', "SELLER'S RELATED PA-RTIF'S") EXPRIESSLY DISCLAIM ANY NN,_,',RR.A.NTY. OF OR RE t-ma-ING TO. (1) THE USE. INCOME. POTENTIAL. EXPENSES. OPLR \TlON_ CII,AR,,'kCTFRlST(CS OR CONDITION OF THE PROPERTN' OR -ANY PORTION MEREOF, INCLUDING. WITHM4 LINT ITATION, 1VARRAN111 -'S OF SUFFABILI'll. HABITABILITY. MERCHANTABILITY, DESIGN OR FITNESS FOR NNY SPECIFIC PUR)"OS1. OR A PARTICULAR PURPOSE. OR GOOD AND WORKMANLIKE CONSTRLCTION, (11) THE ENVIRONMEN'l AL CONDITION OF 4HE PROPERTY AND THE PRESENCE OR ABSENCU OF Oil CONTAMINATION BY HAZARDOUS MATERIALS OR THE COMPLIANCE OF THE PROPERTY WITH ALL REGULATION'S OR LAWS RELATING TO flV,vLT_H. OR THE ENVUZOMNIENT, INCLUDINC, BUT NOT LIMITED TO. THE COMPREHENSIVE ENVIRONMENTAL RESPONSE.COMPEN SAT[ ON. AND LIABILITY ACT, AS AMENDED, 42 I.S.C. § 9601 LT SLQ.. THE RESOI-Rcu CONS111-RVATION AND RECOVERY ACT, AS ANIENT)IF-T), 42 C:-S.C. § 69(11 ET. SEQ_ ME OIL -POLLUTION ACT' 33 U.S.C. § 2,701 ET SEQ.. AND T11F J_,LV%,S SOLID NV.AkSTE DISPOSAL ACT TLEX. HEAL111 & S,%FFTN COOL ANN. § 361 ET SEQ., I of III EACH AS MAY BE ANIENDED FROM TIME TO TIME, AND INCLUDIN(, AN) —ND ALL REGULATIONS, RULES OR POLICIES PRON11ULGAI'Ll!) '1_HFRLt.NDF'1R ( "ENVIRONMENTAL I _Vk� S "I ; AND (111) THE SOIL CONDITIONS, DR-AINAGF., 1­1_0001.NG (:HA.R,,A(­JJERISTICS, UTILITIES OR OTHER CONDITIONS EXISTING IN OR ON THE PROPERTY; .A_ND(IV)THE. AVAIL,NRILITV OF PARKING OR THE ABILIT TO GET kN-N- RE' Q ul R E 1) APPROVAL FROM _VNY GOVER.N.MENTAL AUTHORITY REGARDING BLXER'S INTENDED DEVELOPMENT PLANS FOR THE PROPERIA. BUYER HEREBY AGREES TO ACCEPT THE PROPERTY SUBJECT 1-0 ALL RISKS, LIABILITIES, CLAIMS, DAMAGES AND COSTS, 1NCLL'DtN(, ANN' LIARII-11 N XN ['111 RLSPECI FO ENVIRONMENTAL LA VS (AND AGREES SELLER SHALL NOT RE ]LINBLE TO BUYER FOR ANY SPECIAL, INDIRECT, CON SEQu E-_N'TvA L. OR OTHER DA]i AGES) RESULTING OR .ARISING FROM OR RELATED TO THE PROPER"i'l OR THE LISE, CONDITION, UOCATION, MAJNTENANCL. REPAIR OR OPERATION THEREOF. IN CONSUMNI.-kTINC THE PURCHASE Of THE PROPERTY. 80TR IS NOT RELYING ON ANY REPRESENTATIONS OR ST.ATENIENTS (ORAL OR WRI-VI-EN) NNHICH ,MAN HAVE BEEN MADE OR MAN BE MADE 131 SELLER OR SELLER'S RIELVIEL) PARTIES- JXND IS RELYING SOLELN LPON BI-WER'S OR RVYER'S R-EPKESENTATIVES, 011 PHYSICAL INSPECTION OF THE PROPERTY. BUYER EXPRESSLY WAIVES, TO THE EXTENT ALLOWED BY LAW. AINI CLAIMS UNDER FEDERAL. STATE OR OTHER LAVV (INCLUDING, RI NOT LIMITED TO CO.NIN10N LANN', WHLTHLR SOLNI)ING IN CONTRACT OR JORI, AND ANN _AND ALL [._NN'IRONNILN'1"AL LAWS) THAT BUYER XIJGHT OTHERWISE HAVE AGAINST SELLER R11LATING TO THE CONDITION OF THE PROVE'RTN. BLYER FURTITER WKNOWL EDGES TH:kT THIS PROVISION IS A INTALTERIAL INDUCEMENT TO SELLER TO CONSUL' M.A_FE THE PURCHASE AND SALE OF THE PROPERTN.Tfff PRON ISIONS Of THIS SECTION SHALL SURVIVAL CLOSING. BUYER AGREES THAT IIF FOREGOING, DISCLAI\1ER OR SIMILAR DISACLAIMER MAN [IF INCLUDED IN THE DEED DELIVERED RN SELLER TO Ut VFR Al CLOSING AND SMALL X1_1_s'O BE INCLUDED IN A CERTIFICATL. DATED AS OF THE CLOSING: AND REF'LEC'TING THU FOREGOING, AND TO BE EXECT-TED RN'BITN'FIZ AT CLOSING. -i of'Special \VarrwilN Dtccd, [o b dc1r, �::cd b� Sclicr to Buy,�r a-. Closing Tile tUrn Thal: 'be in sub�tan[iall,% the 1"orin 1-wt whk:d -4, 1 xhibli " A. and 14 BUN,-CT Ie6I 10 IwrtYitLl itC L: COTitract and wj- close, 11-icij But er -,,hall ptovide SCI[L-1- at the time HLIVeT wrmluatCS ThC Contrac' COPIC-S Of iirl'V TIOW SL11_\_e_1,! Of the P1V`j)erV f)btoincd b,,. lltn-o- and Low envirorimcntal reports, inspeclion roporis- feasibility studic,�. titic op T1 U JITCJJC�: Fl�:ports ub"mm:d b% Buy�:,- (T-oln all" tous, as l�m-s_ appraisaLs mid similar duc d.1 third pally in izonnccl on v-1th (ILIC di 0' 1T]d LNa111111dllk)k k1t the I "]:"v 2 o f I(1 -4, A copy or any nmwc g I),, Hum o shall %mu ],.In Coll § v bc 5;Ml to RUNS ime" a Wows: Luncc Fox CmisbWn, Fox. Rimson & Wk. PH C' 35 3f Cildcr, Suitc 310 Reautnow, TX ?77f)() Phune: (409),l-,3-',-00f,-", Fav 009) S334MN4 rs' ,j11jTC Pa,�Te f6jiolks this rapc. Papc 3 of 10 'till NED bv Scll�r on this till of 20 14 The Citv of Beau Mont B K,,]( f I, -,ivcs. 1'% ManzlLC7 S SI MED hv BLIN'07 on lhis -i- - I � -- - daN 0 14, Garden Street Holdings, LLC N �fffic: T i i L- 11a,,c 4 o'j- 1 4) EXIIJBIT"A" FORM OF SPECIAL i� ARRAN -1 -"t' DEED 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. Date: SPECIAL WARRANTY DEED Z,014 THE CITY OF BEAUMONT, TEXAS, 3 municipal home ri-ill, city arid political subdivision of the State of Texas '4r, 801 Main Street antnr's k4a;linc Adkimss, Beaumont- I'X 777fl1 Grantee, '3r, �ntee's Mailing Adores'; o' I {: I n P ra t t on 510.100 --a0 and other valuabio the 7eve,,p: zinc sufficiency of which are hereby au*m3-wic-cged, Property: All of Grantor's interest in that certain tract of land containing approximately 26.700 square tee-k, more or less, out of Block 40 of the Original Townsite of Beaumont in tf-ie Noah Tevi5 Survey, Abstrarl 52, Beaumont, iuftonson County, Texas, as mare ' oarticularty described on Exhibit "I" at ached hereto, L'J'�jetfler v.'J-�h all impm, vcrments. fxtures, and perscnal propf-lrht and all of Grantor's nghts, intorpstr' llccnse-- rjriv!lege� - nereditarnent-7i and appui-tenqncef�. if any inuring to the benefit of the Property including, without limitation, all right- title and interest of Grantor and to all adjacent streets. alleys. rights of way. and easements. if any, benefiting andior lourcenmq the Property. Reservations from anJ isjo Conveyance acid 4'arrarlft,: Permitt-d Encumbrances, This Special �,,',+'arranty Diaec ir, rubject to iii any arc, aJ --ahc and subsisting easements. rights -of -ways, conditions. clovenants restrictions, reservations, exceptions and other encumbran-ces and matters filed of 7ecord, (4) al, building and land use ordinances, laws, regulations and restrictions b-_,,, municipal or other jovernmentol Fmthni-ity appiicable to the Property, arz (iii) any other rights in or enoumbrances on the DT-nprjrtv aTatlh h are evcent by a pl-,ysical inspectior, or serve,,, of the :'roperty Taxes- Taxes and assessments for the current near are proraileC as of the Effective Data above, and Grantee -,e assuaies the payment of such !axe,, and arspssments after this effective Date Pave 5 it - 10 -AS-IS" Conv(Vanzp No Warranties. As a material pail of the Consideration for this Special I.,11arranty Deed, Grantor and Grantee aCknovviedge and agree that Grantee is taking the Property ­AS IS, WHERE IS, WITH ALL FAULTS,- with any and all iatent and patent detects and that there is no warranty by Grantor that the Pro;)er'Lv has a oartcUlar financial value: or is fit fnr a FarliCul,lr PL;'P')',e, C;rafltee acknowledges arc stipulates 'hat Grantee is not relvinc on -,')Y representation, statement, agreement, inducenl or o1he7 a;Se.-firm with respez-.1. to the :Dlldftion of the Property (to include, without limitation, the environuientai or physical conditiorl but is relying solely on Grantee's examination of the Property Grante-, takes the Property with the cxpross understanding and StiPUilation that there are no express or implied warranties or representations by Grantor of any kind. Grantee's acceptance of the Property is at the sole risk and liability of Grantee with respect to i) the present status and condition of the Prop", ii) the suitability, fitness or acceptability of the Property for Grantor's purposes and iii) the right of Grantee to access the Property or to ingress and egress to and from the Property. Further. Grantee acknowledges and stipulates that it has ilec access to thP. Property to condij:,t its o,.,.,n investigatior. and assessment and is well aware of the condition of the Proper,,, Release and Indemnity. Grantee, for 1-tselt arc its success::)rs and assign-,,- It agrees and covenants not to sue Grantor's Relatec Parties (as defined below) for any and all Claims (as defined bi and iil agrees to acquit, release and forever discharge and to dil indemnify and hold harmless Grantor's Related Parties trom xiv and all Clain�s, in both cases, that anqc out of or relate to, in any way, the cono.,ticr, ownership. L.Se. mainteni or uperatior of the Proper.y at any hirrie, vrhether before, or or after the Date above no rtialler how or when caused- whether knov.-ri or unkno-on, tnat are asserted or made by any per -,,on or entity, vvhether public or private, under any Law, provided, however. Crantee"s obligation tc defend. indemnify and hold harmless the Grantor Related Parties is limited to Claims arising from existence of and conditions that exist on the Property whether know or unknown, and Grantee s not obligated to defend, indemnify and hold harmless th,-, Grantor Reiater Parties frorn. their own intenticra acts. neqliiqenc�.�. recklessness or other willful rnisconcluct As used herein, the term "haw" shai' mpwi local, whether .inv stntul:L, law, rule, regulation or ordinance, whether feceral, stRtF, or , ,,the- ;31 la,.v or equity, whether by -statute, common law, adn-11-11stralwe or rf��qulalo", proceeding or ci:llerwise. whether eased On' the ncgligenct�, grmsL> strict willful misconduct or other ,I-onduct of any party hereto or othervvi5e, to induce vothout limitation and by way of cyample -nprehensive Environmental Response, Compensation, anc Liability Ac'. the only, the Coi Resources Corlservatior, and Recovery Ac., the Clean Air Act. the Sale Drinking Alater Act, and' inp Clean Vyater Act, or simil-ni- or counter-part slain statute,,. As used herein, the le,rn Ciai rns- shall mean any and all losses, damages, ClalrTIS, causes of action, cross-claIms, counterclaims, rights of contribution or indemnity, rights of reimburw.ment, liens, 5uim, liabilities, der rands , payments oxponscs- costs and fee-,, tc, include with,)kil limitation area by why of i-:xnirnpio only, attorneys' and expert witness f--es, court costs civil or cnminal penalties or fine;_ 7.,jxca and any other charges or any kind or nature whAtsol The term - Grantor's Related Parties" shall include Grantor ar-cl its affiliates. subsidiaries, emplcyees, of icars, r'irectors and aaents and their respeChVe representatives, SUccessom-, and assians- any Claims rot herein released or disr,hafged by Grantee are irrevocably as: igntmid ny Grantee to Grantor. Assumption of Responsibility. 3rantee. far itself anc i's successors and aFsions, assumes, undertakes and accepts any and all responsibilities, obligations, risks and liabilities if ar.y. for i) the environmeniat an0ior priy%ical 1-.-Itnditiori or lh✓ Priperty whether existing, created or set in place oeffore, on or after zlle Date above, whether known 0,- unknown, no matter how or when caused', whether based on past, present or future condition-%, opurations, activities 7ir events, arising under or related to any Law, and ii'l the assess,rnent. rer-riediabon, removal, trarispoltation disposal treatment or other cisoosition of any and all pollutants. contarninari'', wastes, mdIelidis and substances in, on or jridnr the Fro,_)--r'v or vinich are reiated to or ansinq from the Property a- any time, whether Before, on or titter the Date annve whether hazardous of not, that is or may be recured Linde-r- any Law. PA11C 6 (If 10 I he release, indemnity and assumption of responsibilily obligalJows, as set fortnl in paragra,phs 4 -9nC 5, above. are hereinafter referrec ColleCtivelv as "Grantee Obligations." GrantDF, for the Consideration and ,subject to Me Reservations ;rorrn and Ex.-ep-tions to ConveyariGe and V:Iarranty, and subject to and conditioned upon. Grantee's ac,,T-ptance and agreernen4 to und'ertake the Grantee Obligations as set fofth above, grants. SOS and convey ;; to Grantee the Property, together with all ane sirigular the rights and appurtenant-o-, theretc, in any way b longing, to have and tv holc I to Grantee artu As successors and assigns forever. Grantor binds Grantor ind Grantor's su,m-,essars and assigns to warrant and forever defend title to the property unto Grantee. Grantee's successors and assigns against every person whoms-aeve, iay.,fully daiming or to clarn, the sar-n.-, o- any oart. thereof, SLoject to tha Reservations subject to the Reservations from and Excoptioris to CDnveyanGe and VV-zirrantv and Grantee Obligation. when the clajn i:. b,.,- hrough Or Under Grantor but not athi-,117wtse. the parties acknowledge and agree that i'l, any recitals set forth above are incor- porated hereiri for all purposes; ii) the captions besice, the nurnbered paragraphs Gf this instrument are for convenie:-ice only and will not lirrlj*, enlarge, modri-y, or otherwise affect this Spe,,ial Vva7rar)ty Deed. and when the contex- requires, singular VIOUTIS and pron"lUns include the plural. This Spec -la VVirranty 0ped r.s mace effeCLive o" the Date zi!ovc. Grantee and Grantor acKnawlenge, and agree that the reservations, covenants, restrictians and obligations container in the Reservations from and Exceptions to Conveyance and Warrantv, and in the grantee Obligatioris, as se, forth in this Special Warranty Oced, i. F are reasonable in their purpose, iii, touch and concorr. the Praporty, iii.) shall run with the land Making up thF1 Properly. and :v snall be binding on &-ariteu- and its sucressors a-id assigns- torevei. pal-'e 'I of Grantor: The City of Beaumont, Texas le Hapes. City{ Mawipe- : COUNTY OF.JEFFERSON 20114 b,� Kvic! Ha�es, Citq This in'_�trum(tnt was acknDwtedged befoe m(7--- r)n Manager o' THE C]71� OF BEAUNTONT. TEXAS, a rnunjopal home rule cc)rpc)raLic)r-,, a-id :xjlifica� subdiv;sion of the State of exas. 2s the a--t and deep; and on behalf -31 saici NoLary Public., State of TeXEIS; fS�qrlahjre pa.go conrinoes.) PaE!c 8 of 10 S A WdanlDed Snue Fg Grantee: Tl-fle !-� T A - E OF T E X A,'-:--, COUNT OF JEFFER�N This inAuT-tenl was acknowiedged betore rite on th.-F an, y - o f 20`4 by all on z)e h,31f « and as the act anc! deed of said entit'v Nomry r-Ubiic in ano for the S'aG (.)[ Texas PaL)C 9 ot1H EXHIBIT 'T' PROPERTY DESCRIPTION ESINO 6 26,7M sq= f=: tea: a d land out of Mock 4G of tic CrIgiml Tows a batan= It Em Nalk Te= SUMey, etabg*sa-- SZ, Bessm M, Jatfds= C011 W. TCesc. sold trl=t balm ail, of La: 201 and 2M ate` past all Lots 195. 144, 200 acid 206 of sold Bak 4C, =1 b:* st9 of W pity couvrfc . le iiasvy E l+ War by Deed dated hitty 17.198t, said rs:ordad ar Vd X17 Pape 4m of thL Deed Rim of Jeffcr= Caunty, Tee 5: -U td Gat the toot: Wemly a' of lot 20% of Surd 4D, a the ongtoll Tom of R.....,,,.,,.., acid can= bcbx loatat a', the point of ftt a of the Ponies=. ty rT of wsy t'ta e ( (C= Star and tttt SondCLUefly tt* Of 9MY 11W' of Fame Stns~; TH NCE North 49` 20 End jtt f=c:= bcariag) slaap t r Soutlimn ity right of way lim a F=&ia Suet and lkmg the Kadrwamcriy tae of L= 201 aid 2.12 of Bieck 40, a dtsn= r of 120 0 Jett to tb-- Nogbteai cr M*X Nariiraiy craven of E.ac 2f12, and dw Mae waterlf wr= of tat 2.13 and betsg the wasf wm-AV o; ttoathwea radian' of that c =air ttct conveyed w -- ficung occur P=="ban S%::scty by Deed dsl:d Noretoi w 11, !976 ad =wded ht VoL 203,5 page AC of Itas i=d P=arch of ldf== Cm=y, Teuat. L ^ONCE Saudi 4C' 34' Em, sung the common lim, of Este = and 2M and siatl the Smmbw==Iy line of the said J. -Mrsaa Theatre Tract, c dismn-- of 164,tt f z w the .nor. mx1m=rty a; Southw=2t. ar said 3^dferson Tbcetre T= lr E.a: 206, TF-S l= PS-.= 44' 26' East sung = Soutnea=dy lm-. of tht SOftmoa Tie -Lur dice of V.W fe--, ae a pas= for =.-= low ta !fit dividing i= b--.W 1-.: 20") rd I EUS'C'E S.'wtlt 4V 34' Eeaf aloatg tk cammm ltn:. bctwezz Eats 2X asef . a axtg= aC Z.m fe: to c point to- cats -a iasted is E d 196, Ti EkE Soath 44" 26' West atoag Gtr Pmtfhteeszaly lia of L t:= aanv«yad tm Raga Elmtben by Creed dated, feprit 1'5..1964 and t =Azd is W. 1384 page 171 of the Decd R=astta of laff— cmmy. T=4 said kae being pamb=l to taaf 90 00 t:z Nortfiw=miy of ntme N- tts—ty d&W of way last: of Patsythe Sato., a di== of LSC1.0 fax to tim toast W==iy a: C#t s�acc caret~ o said l og-ss Sac roe trams. eat.,camw haosg lamf to the hmlkmxezl� nr,W of war hat mr cr.ice: sbve and batng 90.w fea fattm dm! Sowhv&= tern= or Lcat 7m, i YFitia3 Pfard Btf& 34' WOK lkm the Nwlbto<JT eight of way lint of ori:ans stems sk the Sash' lta of iota 2t1f1, 204 and 201 of Bt= .k 40. c alhtanx of 210.0 feet a K.ACE OF O nod containing la arcs 26,700 cgasce fat of road, .acct or lem.