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Ord. CUP 17-00005 2017-05-22Ordinance No. CUP 17-00005 An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a liquor/package store in the General Business (GB) zoning district, Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria County. (Located at 3291 E. Broadway Street, Pearland, TX.) Conditional Use Permit Application No CUP 17-00005, within the General Business (GB) zoning district, at the request of Michele Kreft, applicant, on behalf of Dairy Bell LP, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Michele Kreft, applicant, on behalf of Dairy Bell LP, owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store use on approximately 0.4968 acres of land on the following described property; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit "A," and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 17th day of April 2017, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached hereto and made a part hereof for all purposes as Exhibit "C," said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 18th day of April 2017, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit (CUP) to allow for a Liquor/Package Store use on an approximately 0.4968 acres of land, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meetings on the 8th day of April 2017 and the 22nd day of April 2017; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Michele Kreft, applicant, on behalf of Dairy Bell LP, owner; for approval of a Conditional Use Permit on approximately 0.4968 acres of land to allow for a Liquor/Package Store use; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the General Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow for a Liquor/Package Store use, subject to all requirements of the GB zoning district, and the site plan attached hereto and made a part hereof for all purposes as Exhibit "E", in accordance with all conditions and requirements of the current Unified Development Code and the following conditions approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria County. Page 2 of 10 Ord. No CUP 17-00005 General Location: Located at 3291 E. Broadway Street, Pearland, TX. Conditions of Approval: 1. Bars over or behind the windows are prohibited. 2. Neon and LED strip lighting around the doors or windows are prohibited. 3. The bollards will be removed on the east side of the parcel to allow cross access with Walgreens to the east. Section 11. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission for consideration and decision. Section 111. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. Page 3 of 10 Ord. No CUP 17-00005 PASSED, APPROVED, and ADOPTED on First Reading this 8th day of May, 2017. ATTEST: TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of May, 2017. APPROVED AS TO FORM: kLJat - -' ei-kIA-4- DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 4 of 10 Ord. No CUP 17-00005 Ordinance No. CUP 17-00005 Exhibit "A" Exhibit A Legal Description Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria County. Page 5 of 10 Ord. No CUP 17-00005 Ordinance No. CUP 17-00005 Exhibit "B" Exhibit B Vicinity Map Exhibit 1 AERIAL MAP CUP 17-00005 3291 E. Broadway St. QSubject Property TED prdw^ rs for iMor-al...nal pup.e. and rnar no. haenbeen proal red kr or As sortable fur I.nal, enrinrnnn.. or.urnn nn. purpo.n. Ir do+s nor rnprv.mn an mnh. pound .um,' and npn+nu. mll- Dar sp.:rumnelr relul rr. bream of pup.,' baundarn... 1 inch • 208 feet MARCH 201: PLANNING DEPARTMENT Page 6 of 10 Ord. No CUP 17-00005 Ordinance No. CUP 17-00005 Exhibit "C" Exhibit C Legal Ad To Be Published in the PEARLAND JOURNAL Wednesday, March 29, 2017 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00005 Notice is hereby given that on April 17. 2017, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive. Pearland. Texas. at the request of Michele Kreft, applicant, on behalf of Dairy Bell LP, owner. represented by Kyle Tauch, manager; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately 0.4968 acres of land, to wit: Being all of Tract 2 of Pearland Plaza. an addition to the City of Pearland, Texas. according to the file plat recorded in Volume 16. Page 35 and 36, of the Map Records of Brazoria County. General Location: 3291 E. Broadway Street, Pearland, TX. At said hearing. all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. Martin Griggs Senior Planner Page 7 of 10 Ord. No CUP 17-00005 0000137329 CITY OF PEARLAND - PLANNING Page 1 Houston Chronicle CLASSIFIEDS KirMEDIA to GROUP NSA AET4orpor.Jpmr AFFIDAVIT OF PUBLICATION STATE OF TEXAS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY, WALKER, GRIMES, POLK. SAN JACINTO. WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN, WALLER, CHAMBERS, COLORADO. BRAZORIA, FORT BEND, GALVESTON, WHARTON, JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to. is a true and correct copy, was published to -wit: CITY OF PEARLAND - PLANNING RAN A LEGAL NOTICE SIZE BEING: 2 x46 L Product CNPC-Pasadena Citizen CNBA-Bay Area Citizen CNDP-Deer Park Broadcaster CNFJ-Friendswood Journal CNPJ-Pearland Journal 0000137329 HC034270320 Date Mar 29 2017 Mar 29 2017 Mar 29 2017 Mar 29 2017 Mar 29 2017 Class Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Page NEWSPAPER REPRESENTATIVE Sworn and subscribed to before me, this 4th Day of April A.D. 2017 1$.11`1 //://,6fea‘ otary Public in an for the State o exas 0000137329 CITY OF PEARLAND - PLANNING Page 2 Houston Chronicle CLASSIFIEDS To Be Published in the PEARLAND JOURNAL Wednesday, March 29 2017 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER; CUP 17-00005 Notice is hereby given that on April 17. 2017. at 6:30 p.m.. the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties. Texas, will conduct a joint public hearing In the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas. at the request of Michele Kreft, applicant. on behalf of Dairy Bell LP. owner, represented by Kyle Much, manager; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately 0.4968 acres of land, to wit: Being all of Tract 2 of Pearland Plaza. an addition to the City of Pearland. Texas, according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria County. General Location: 3291 E. Broadway Street, Pearland, TX. At said hearing, all Interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information. please contact the Planning Department at 281-652-1765. Martin Griggs Senior Planner Ordinance No. CUP 17-00005 Exhibit "D" Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter April 18, 2017 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP Application No. CUP 17-00005 Honorable Mayor and City Council Members: At their regular meeting on April 17, 2017. the Planning and Zoning Commission considered the following: A request of Michele Kreft, applicant, on behalf of Dairy Bell LP, owner, represented by Kyle Tauch, manager; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district: on approximately 0.4968 acres of land. Legal Description: Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria County. General Location: 3291 E. Broadway Street, Pearland, TX. P&Z Vice -Chairperson Duncan made a motion to recommend approval of Conditional Use Application No. CUP 17-00005 with staff conditions, P&Z Commissioner Pradia seconded the motion. The staffs recommended conditions were as follows: i. Bars over or behind the windows would be prohibited. 2. Neon and LED strip lighting around the doors or windows would be prohibited. Page 8 of 10 Ord. No CUP 17-00005 3. The bollards will be removed on the east side of the parcel to allow cross access with Walgreens to the east. The motion passed 6-0. Chairperson Daniel Tunstall, Vice -Chairperson Thomas Duncan, and Commissioners Troy Pradia, Derrell Isenberg, Mary Starr. and David Selsky voted in favor of the motion. Sincerely. //7 -pr-, 4* Martin Griggs Senior Planner On behalf of the Planning and Zoning Commission Page 9 of 10 Ord. No CUP 17-00005 Exhibit E Site Plan and Attachments 3291 BROADWAY STREET 3291 BROADWAY STREET / INTERSECTION — PEARLAND, TX 77581 Ordinance No. CUP 17-00005 Exhibit "E" TRANSWESTERN am* ow Mem ' Ilcin Our E F T A 1 Retail Listings u Mailing lift .. ,.. o..Mo.Ya.wrirof. Page 10 of 10 Ord. No CUP 17-00005 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: April 17, 2017 - CUP 17- ITEM NO: AIR - 0356 00005 DATE SUBMITTED: 10 Apr 2017 DEPT. OF ORIGIN: Community Development PREPARED BY: Martin Griggs SUBJECT: Conditional Use Permit Application No. CUP 17-00005 A request of Michele Kreft, applicant, on behalf of Dairy Bell LP, owner, represented by Kyle Tauch, manager; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately 0.4968 acres of land. Legal Description: Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria County. General Location: 3291 E. Broadway Street, Pearland, TX. EXHIBITS: 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5. Notification List 6. Applicant Packet FUNDING: 0 Bonds To Be Sold ❑ Grant 0 Bonds - Sold ❑ Developer/Other 0 L/P - Sold ❑ Cash ❑ L/P - To Be Sold EXPENDITURE REQUIRED: $ AMOUNT BUDGETED: $ AMOUNT AVAILABLE: $ PROJECT NO: ACCOUNT NO: ADDITIONAL APPROPRIATION REQUIRED: $ ACCOUNT NO: PROJECT NO: To be completed by Department: EXECUTIVE SUMMARY BACKGROUND This request is for approval of a Conditional Use Permit (CUP) located at 3291 E Broadway Street, to allow for a Liquor/Package Store in the General Business (GB) zoning district. The proposed use is to be located in the existing 4,500 square feet freestanding commercial structure with a retail front at the northeast corner of Broadway and Barry Rose. The previous use of this building was L&M Trading Co. Costume Jewelry & Handbags. Recommendation Staff recommends approval of the requested CUP for a Liquor/Package Store on the approximately 0.4968 acre site for the following reasons: 1. The parcel is surrounded on three sides by commercial properties and is 2. The location is not at an entrance to residential neighborhoods. 3. The proposed use is a retail use of similar size and intensity to the surround retail and commercial uses and therefore compatible. 4. The location is an out parcel of an established shopping center which mitigates the potential for negative aesthetics or activity that might accompany this type of retail use. 5. The applicant has not proposed any modifications to the suite such as bars over the windows or additional light which would negatively affect the surrounding businesses. If the CUP is considered for approval, staff recommends the following conditions: 1. Bars over or behind the windows would be prohibited. 2. Neon and LED strip lighting around the doors or windows would be prohibited. 3. The bollards will be removed on the east side of the parcel to allow cross access with Walgreens to the east. Site History The subject property is currently developed as a shopping center. The site was annexed into the City in 1960. The property has been zoned as General Business (GB) since that time. The site is bounded by General Business (GB) to the south, east, and west. Single -Family Residential -2 (R-2) is located to the north of the subject property. The below table identifies surrounding uses and zoning districts: Zoning North South Single -Family Residential -2 (R-2) General Business (GB) General Business (GB) Land Use e Regency Park #1 Subdivision Retail Center Retail Center East General Business (GB) Retail Center and Commercial West General Business (GB) Retail Center and Commercial Conformance with the Comprehensive Plan The current zoning of GB on the subject property is in conformance with the future land use designation of the Comprehensive Plan. The Future Land Use Plan (FLUP) indicates the property to be "Business Commercial" which is suitable for retail businesses. The purpose of the CUP is to allow uses that may be suitable in certain locations within a zoning district or when additional standards and conditions can be imposed to ensure compatibility with adjoining uses. The proposed use is a retail use of similar size and intensity to the surround retail and commercial uses and therefore compatible. Conformance with the Thoroughfare Plan According to City records, Broadway Street is a Major Thoroughfare that is to be widened. Major Thoroughfares are defined as having a minimum right-of-way of 120 feet. Barry Rose Road is a Secondary Thoroughfare of sufficient width. A Secondary Thoroughfare is defined as having a minimum right-of-way of 100 feet. Conformance with the Unified Development Code The property is currently developed with a freestanding commercial structure. The General Business Retail District (GB) is intended to permit an extensive variety of commercial uses including retail trade, personal and business service establishments, offices and commercial recreational uses of limited scope. The proposed business is compatible with and compliments the surrounding uses. The lot requirements exceed the lot and setback requirements of the proposed GB zoning district, as indicated in the in the following table. General Business (GB) Area Regulations Size of Lot Required Proposed Minimum Lot Size 22,500 sq. ft. 2.832 Acres Minimum Lot Width 150 ft. Approximately 630 feet (triangular lot) Minimum Lot Depth 125 ft. Approximately 694 feet (triangular lot) The subject property does not currently meet the requirements of the Unified Development Code (UDC). A parking layout would need to be provided to verify parking layout for the site. The parking requirement is the same between general retail and package liquor store so no increase in parking is generated by the new use (4,500 square feet at 1/200 square feet equals 23 required spaces). The property also fall within the Corridor Overlay District (COD) and the site will be required to be in compliance with the COD requirements in addition to other UDC requirements should the site be redeveloped or the building footprint increased. Platting Status The subject property is currently patted as Pearland Plaza, Tract 2 which was recorded March 29, 1979. Availability of Utilities According to City records, the subject property has access to City water and sanitary sewer infrastructure. A 16 -inch water line exists along the west side of Broadway Street and another 12 -inch water line is located along the south side of Barry Rose Road. A 24 -inch sanitary sewer line runs along the north side Barry Rose Road. Impact on Existing and Future Development The proposed development is not anticipated to have a negative impact on the surrounding area. The proposed land use will take place within an existing development that is equipped with parking and other requirements of development. The retail nature of the proposed use is compatible with the existing shopping center and neighboring retail uses. Additional Comments The request has been reviewed by the City's Development Review Committee (DRC) and there were no additional comments from other departments at the time of this report. Public Notification Staff sent public notices, comment forms and a vicinity map to the applicant, the owner of the property and to property owners within 200 feet of the subject property under consideration for the zone change. Additionally, a legal notice of the public hearing was published in the local newspaper, and a notification sign was placed on the property by the applicant. Opposition to or Support of Proposed Request Staff has received not received any notices in support or in opposition of the proposed CUP request. Exhibits 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5. Notification List 6. Applicant Packet FLUP MAP CUP 17-00005 3291 E. Broadway St. 1 inch = 208 feet Exhibit 5 CUP 17-00005 Property _Owner ALANIS TAMMY DAWN BUCHANAN ROBERT E CFPI LP % RYAN LLC TAX COMPLIANCE DAIRY BELL LP C/O KYLE TAUCH GOMEZ JOSE H & GRASIELA L % VERNON L HOHENSEE KREFT MICHELE SHERWOOD VILLAGE ASSOC LLC TSA ENTERPRISES Address 3302 RANDALLST 2410 SHELIA ST PO BOX 4900 DEPT 124 5599 SAN FELIPE ST STE 110 PO BOX 368 P.O. BOX 756 1111 BAYHILL DR STE 450 6543 EMERALD CANYON RD City State Zip_Code PEARLAND TX 77581-4440 PEARLAND TX 77581-4444 SCOTTSDALE AZ 85261-4900 HOUSTON TX 77056-2761 FAYETTEVILLE TX 78940-0368 COTULLA TX 78014 SAN BRUNO CA 94066-3054 KATY TX 77450-8735 City of Pearland Planning Department Universal Application Please complete each field - incomplete applications will not be accepted. All applications, Including the checklist, must be submitted in electronic format as a PDF and provided by email, USB l CD. Refer to the schedule on the City's website andtor within the Planning Department for deadlines and anticipated meeting dates for each project type. TYPE OF APPLICATION: ❑ Zoning Change (from) (to) ❑ Cluster Development Plan ❑ Planned Development We/taboo ❑ Plat (list typej: ❑ ZBA Variance ❑ PdZ Variance ❑ Special Exception El Conditional Use Permit PROJECT INFORMATION: 0 Residential 12( Committal 0 Property Platted Project Name: C5 L il l Y f, Walt 30-611 13rottkvai Atte 4arlan/14-1181 Project AddressJLocation: Subdivision. City o( P.arland Community D.Meloomem 3523 Liberty Dnv. (Community Canter) Peo,1arrl Tomas 77581 281 6521765 281.652 1702 (fax) p.orw+atx.gov 'Piet Types include Minor, Amending, Preliminary, Final. Master. Repia( 0 Property Not Platted Tax ID: 320(.1 FSU Bnef Description of Project: t.,lg,uot bl re No. of Lots: Total Acres: When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, therefore it may be necessary to postpone the proposed project and remove it from the scheduled agenda and place it on a future agenda according to Section 1.2.1.2 of the Unified Development Code. PROPERTY OWNER INFORMATION: Name. QVI rue bet \ I�1Q• Tett.s4 r Fy�gY Address '55•9q San Pe t i ee , Suite- 110 City: % ou stor, State: T) bp: 11054 Phone: 11S • 299.947 "l Fax Email Address: KtAtAGi+t P kk uitti1✓rs•cohl APPLICANT/AGENT INFORMATION: Name: kirI1P 1< 'f Address: 4).15. Box 154. City: t fili-tilQ State: 17 Zlp: 18'014 Phonep2t' e3t-31-i Fax: Email Address hlurhP4pc, r. coon "Property owner must be the current owner of the property at the time of submittal of tare application. and not the party that has the property under contract. Aa owner and applicant, I hereby request proval of the above described request as provided for by the Unified Development Code of the City of Peartand. , —Owner's Signature: Av Agent's! y� ^ Applicant's Signature: 1 �i u. Kh.j Date. Date: ail 3f r7 OFFICE USE ONLY: FEES PAID: DATE PAID: RECEIVED BY: Fees will be accepted by phone or In parson. Pleas* contact 281162.1785 for Instructions. RECEIPT NUMBER: APPUCAT1ON NUMBER: Designated Agent Authorization Pearland, TX 77581 Dairy Bell, Kyle Tauch, Mgr. 713-899-9977 ktauch@ktbuilders.com February 23, 2017 RE: Designated Agent approval for Conditional Use Permit This letter serves as authorization for Michele Kreft with Pete's Liquor & Wine to file any and all necessary documentation, on behalf of the property owner, in conjunction with paperwork submitted for the Conditional Use Permit. Contact information is listed below for the property owner (at 3291 Broadway Street, Pearland, TX 77581) in the event that we need to be contacted. Dairy Bell, Kyle Tauch, Mgr. 5599 San Felipe, Suite 110 Houston, TX 77056 713-899-9977 ktauch@ktbuilders.com Sincerely, VkiJ tivk_ Designated Agent Authorization Letter of Intent 3291 Broadway Street, Pearland, TX 77581 February 23, 2017 RE: Letter of Intent Proposed Uses: Retail - Liquor Store Specific operations of the use: Sale of liquor Square footage of buildings/lot size: 4500 sq ft Unique characteristics of the property: The old L&M Trading place of business. DocuSign Envelope ID: CE8CF196-0193-4655-AA58-74DE7E85C632 Sign Acknowledgement 3291 Broadway Street, Pearland, TX 77581 February 23, 2017 RE: Acknowledgement of sign posting We acknowledge that we are required to post a sign on the property at 3291 Broadway Street, Pearland, TX 77581 ten (10) days prior to the public hearing. Sincerely, ,-DocuSlgned by: KLIUA_VI "-FB 0 B5B8FB4 Michele Kreftt.. Pete s Liquor & Wine • • EXHIBIT A FtarlamLIX ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS ERECTED THEREON LYING AND BEING SITUATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS BEING ALL OF TRACT 2 OF PEARLAND PLAZA, AN ADDITION TO THE CITY OF PEARLAND, TEXAS, ACCORDING TO THE FILE PLAT RECORDED IN VOLUME 16, PAGES 35 AND 36, OF THE MAP RECORDS OF BRAZORIA COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE WEST CORNER OF SAID TRACT 2, POINT BEING IN THE PRESENT NORTHEAST LINE OF F. M. HIGHWAY 518 (BROADWAY), A 100 FOOT RIGHT-OF-WAY, POINT ALSO BEING AT THE SOUTHEAST CORNER OF A 40 FOOT WIDE DRAINAGE EASEMENT CONVEYED TO BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4, POINT ALSO BEING SOUTHEAST 41.50 FEET FROM THE POINT OF INTERSECTION OF THE SAID PRESENT NORTHEAST LINE OF F. M. HIGHWAY 518 AND THE PRESENT SOUTHEAST LINE OF BARRY ROSE ROAD, A 40 FEET RIGHT-OF-WAY, SAID POINT ALSO BEING S 61 °09'54" E 82.91 FEET FROM THE SOUTHEAST CORNER OF REGENCY PARK SUBDIVISION, ACCORDING TO TT -IF? PLAT THEREOF RECORDED IN VOLUME 9, PAGE 1, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AN IRON ROD FOR CORNER; THENCE N 44°04'00" E 152.66 FEET PARALLEL r BL TO AND 40 FEET PERPENDICULAR DISTANCE FROM THE SAID PRESENT SOUTHEAST LINE OF BARRY ROSE ROAD AND ALONG THE NORTHWEST LINE OF SAID TRACT 2 TO AN IRON ROD AT THE NORTH CORNER OF SAID TRACT 2; THENCE S 64°05'59" E 122.00 FEET TO AN IRON ROD AT THE EAST CORNER OF SAID TRACT 2; THENCE S 25°54'01" W 150.00 FEET TO AN IRON ROD AT THE SOUTH CORNER OF SAID TRACT 2 IN THE SAID PRESENT NORTHEAST LINE OF F. M. HIGHWAY 518, POINT BEING ON A CIRCULAR CURVE; THENCE NORTHWEST ALONG THE SAID PRESENT NORTHEAST LINE OF F. M. HIGHWAY 518 AND ALONG A CIRCULAR CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°41'48" AND A RADIUS OF 5729.58 FEET, AN ARC DISTANCE OF 169.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4968 ACRES (21,638.66 SQUARE FEET) OF LAND. SUBJECT TO AND TOGETHER WITH: ALL RIGHTS AND OBLIGATIONS AS SET FORTH IN CROSS EASEMENT AND PARKING AGREEMENTS DATED JULY 6, 1979 BETWEEN AM -CAL CONSTRUCTION CORP. AND HAROLD A. CLARK & COMPANY — PEARLAND, RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT, BRAZORIA COUNTY, TEXAS ON OCTOBER 31,1979 IN VOLUME 1482, PAGE 954, VOLUME 1482, PAGE 968, VOLUME 1482, PAGE 982 AND VOLUME 1483, PAGE 1. TOGETHER WITH: A 45 FOOT INGRESS AND EGRP SS EASEMENT. PREAMBLE SAME AS FOR BOUNDARY SURVEY: BEGINNING AT A POINT IN THE PRESENT SOUPHEAST LINE OF BARRY ROSE ROAD, A 40 POOT RIGHT-OF-WAY, SAID POINT BEING N 44°04'00" E 93.71 FEET FROM THE POINT OF INTERSEC."IION OF THE SAID PRESENT SOUTHEAST LINE OF BARRY ROSE ROAD AND THE PRESENT NORTHEAST LINE OP F. M. HIGHWAY 518 (BROADWAY), A 100 FOOT No -cr- op -WAY; POINT BEING ON THS NORTHWEST LINE OF A 40 FOOT DRAINAGE DEMENT TO BRAZORTA COUNTY DRAINAGE DISTRICT NO. 4; THENCE N 44°04'00" E 45.00 FEET ALONG THE SAID PRESENT SOUTHEAST LINE OF BARRY ROSE ROAD TO A POINT FOR CORNER; THENCE S 45°56'00" E 40.00 FEET TO A POINT FOR CORNER 1N THE SOUTHEAST LINE OF SAID 40 FOOT DRAINAGE EASEMENT, Portlnd 1-2172934.2 0029978-00001 THENCE S 44°04'00" W 45.00 FEET ALONG THE SOUTHEAST LINE OF SAID 40 FOOT DRAINAGE EASEMENT TO A POINT FOR CORNER; THENCE N 45°56'00" W 40.00 FEET TO THE POINT OP BEGINNING AND CONTAINING 0.0413 ACRES (1800.00 SQUARE FEET) OF LAND. Patln11-2172934.2 0029978-00001 OFFICIAL TAIWitrftVillrlifiltrllitilitilttlillifi{(1'{)fvflf!I t F�ST CLASS RO'VIN GARRETT, PCC •L�.SPOSTAGE PAID BRAZORIA COUNTY TAX ASSESSOR - CC _LECTOR 1 PERMIT NO. 4 111 E. LOCUST ANGLETON TX ANGLETON, TEXAS 77515 PEARLAND PLAZA (PEARLAN[ , Account No: 7026-0002-000 THOMAS J GREEN Certified Owner: DAIRY BELL LP 2016 VALUE: 284,950 Jr Year 1 2016 9 2016 28 2016 54 2016 96 2016 Levy Pald 1,132.41 170.97 4,033.75 416.03 1,941.08 P&I Parcel Address: 3291 BROADWAY FM 518 0.00 Legal Acres: 0.4867 0.00 Appr No: 237408 0 00 Deposit No: 6B301104580 0.00 Paid Date: 11/30/2016 0.00 Total Paid: $7,694.24 Check No: 00001056 Balance Due: $0.00 DAIRY BELL LP 5599 SAN FELIPE ST STE 110 HOUSTON , TX 77056-2761 Exemption(s): NONE Brazoria CAD Map Search Property Identification #: 237408 Property Information: 2017 Owner Identification #: 361829 Geo ID: 7026-0002-000 Legal PEARLAND PLAZA Situs 3291 BROADWAY FM 518 (PEARLAND), LOT 2, Address: PEARLAND, Description: A0198 THOMAS J GREEN Property Real Abstract: S7026 Type: Neighborhood: COMM ACCTS State Code: F1 Appraised N/A Value: 1ennyy's SibSlnp RDB, GBC, SPL, CAD, Jurisdictions: CPL, DR4 24192 L41`J,1 41924 Page 1 of 1 Name: DAIRY BELL LP Exemptions: DBA: L & M TRADING CO 162880 162881 162881 Brazoria CAD Map Search Sherwood ViIIage Shorping Center 247662 City of Hou This product is for informational purposes only and may not have been prepared for or be suitable for legal. engineering, or surveying purposes. It does not represent an on - the -ground survey and represents only the approximate relative location of property boundaries. The Brazoria County Appraisal District expressly disdains any and all liability In connection herewith. https://propaccess.trueautomation.con/mapSearch/propertyPrint.html?cid=51 &p=237408 2/22/2017 it TRANSWESTERN R E T A I L January 30, 2017 Cody Kreft cody@diamondkoperating.com 979-482-4735 1900 West Loop South Suite 1300 Houston, TX 77027 Phone: 713-231-1562 Re: Proposed terms of New Lease between Dairy Bell LP ("Landlord") and PETE'S LIQUOR AND WINE, LLC_("Tenant") concerning premises at 3291 Broadway Street / Intersection — Pearland, TX 77581 ("the Leased Premises"). Dear Cody: This letter will serve to set forth the basic terms and conditions upon which Dairy Bell LP ("Landlord") proposes a New Lease with PETE'S LIQUOR AND WINE, LLC_("Tenant"). Our proposal is as follows: LANDLORD: Dairy Bell LP TENANT: PETE'S LIQUOR AND WINE, LLC TRADE NAME: d/b/a Pete's Liquor and Wine GUARANTY: Cody Kreft to personally guaranty the lease if a separate business entity is to sign as Tenant. DIAMOND K OPERATING, LLC to be additional Guarantor. FINANCIALS: Tenant to submit personal and/or business financials for Landlord review. Deal terms are subject to Landlord approval of financials. LEASED PREMISES: Approximately 4,500 sq. ft. of building area in Landlord's Free Standing Building ("The Site") known to be located at 3291 Broadway Street / Intersection — Pearland, TX 77581, such premises being shown on the site plan attached hereto as Exhibit "A". PERMITTED USE: The Leased Premises shall open for business and operate continuously throughout the term of the Lease as Liquor store. TERM: A primary term of Ten (10) years. GROSS RENT: Years 1-2: $19 PSF + $3 NNN $8,250/Mo. Years 3-4: $20 PSF + $3 NNN $8,625/Mo. Years 5-6: $21 PSF + $3 NNN $9,000/Mo. Years 7-8: $22 PSF + $3 NNN $9,375/Mo. The Performance Advantage in Real Estate TRANSWESTERN® Page 2 of 5 OPTIONS: FREE RENT: DELIVERY OF POSSESSION: SECURITY DEPOSIT: PREPAID RENTAL: TAXES, INSURANCE AND CAM: UTILITIES: MAINTENANCE: LANDLORD WORK: TENANT IMPROVEMENT: RENT COMMENCEMENT: SPECIAL PROVISION: Years 9-10: $23 PSI' + $3 NNN $9,750/Mo. Tenant shall have two (2) options to extend the lease for five (5) years at ten (10) percent increases. Tenant shall have one (1) months of free rent outside the lease term. Tenant shall be responsible for the NNN's during the free rent period. Within thirty (30) business days following lease execution. Last month's gross rent, $9,750.00. First month's gross rent, $8,250.00. Tenant shall reimburse Landlord for Tenant's pro -rata share of all real estate taxes and assessments, insurance and common area maintenance costs for the Shopping Center. (Currently estimated to be $3.00/SF per year for 2017.) Tenant shall be responsible for all utility charges for usage in the Leased Premises. All maintenance of the Leased Premises shall be the responsibility of Tenant including, but not limited to, the mechanical, electrical and plumbing systems. Landlord shall be responsible for maintenance of the roof, exterior walls and structural integrity of the building which comprises the Leased Premises and the common areas of the Shopping Center including, but not limited to the parking areas. Landlord shall deliver space to Tenant in as -is condition the HVAC in good working order. Landlord shall provide ten dollars per square foot ($10.00/SF) for tenant improvement allowance. Tenant shall commence paying minimum rent ninety (90) days after Landlord delivers the Leased Premises to Tenant or the date Tenant opens for business, whichever occurs first. The Lease shall be null and void if Tenant is unable to obtain permitting from TABC. The Performance Advantage in Real Estate 151 TRANSWESTERN® Page 3 of 5 CONFIDENTIALITY: Landlord and Tenant each agree not to disclose the terms of this agreement to any third parties; provided, however, that the foregoing shall not apply to disclosures which may be required by applicable law or made by Landlord in connection with its financing of the Shopping Center. AGENCY: BROKERAGE COMMISSION: Very truly yours, “t0 - Ryan Holliday TRANS WESTERN Agent for Landlord See the attached "Information About Brokerage Services", as Exhibit "B", regarding the agency's disclosure of which Transwestern represents the Landlord in this transaction. In the event Landlord and Tenant execute a Lease Agreement for the Leases Premises, Landlord agrees to pay a leasing commission as set forth in a separate agreement with Transwestern Property Company SW GP, L.L.C. d/b/a Transwestern, as Landlord's Agent. AGREED AND ACCEPTED THIS DAY OF JANUARY, 2017 Tenant: PETE'S LIQUOR AND WINE, LLC Landlord: Dairy Bell LP By: By: Name: Name: Title: Title: Date: bate: The Performance Advantage in Real Estate TRANSWESTERN® Page 4of5 I':xhihit '"A» Site Plan Premises The Performance Advantage in Real Estate TRANSWESTERN® Page 5 of 5 Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services Before 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 owners 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 intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the brokers 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 Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Comm,ssion (TREC). It you have a queston or complaint regarding a real estate Icensee. you should contact TREC at P.O. Box 12188, Austin. Texas 78711-2188 or 512-465-3960. 01A TREC No. OP -K The Performance Advantage in Real Estate FOR INFORMATION, CONTACT: 713.270.3385 713.231.1623 PROPERTY INFORMATION c 0 u N i a) c a) d N4 c CO a) cn m c 0 0 m L C 0 0 N V 0 J One of the fastest growing cities in the U.S. Grocery shadow anchored Up to 4,500 sf available ECONOMIC INFORMATION Please call to discuss • DEMOGRAPHICS M '- W d- N COtri CV v) efi a a -o a a V 0 W ,0 0, 0, (1) u) O O ..O M ,� 1!) 0'--0 '0 o P M N O O M -0 V EA N N v) -0 -o -0 co cc cc N M N '0 N d t� CO 0 0 •O N OO C' ce a— P a— tai `. m m C/1 CO m H o 0 Z z vn DN 61 0 a c0 = U 3 (0 o_ 0 m rn LT 0 0 m m n Q w w a. 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N° C C -O 22 Q N ON -L t .-; Y C ° N 3-0 c o L u, 3 o -E. o_ c m o a) CO u (n _ p c o o) s �, Q a 3 c o v c c o �_ ns Y° E ai o Q Q 73 ° 3 0° (a c a) ° o 0 Lco >,'� C Ls s ca O c° ° c a ° O n° -c—(D Y -O v '474 O O° s N p a° (o O O) N O p N .L Y uUi ° a) 3 3 s a 3 co vcr) N nice (o c N ., 0 m ° — O i v" o a U V) C N W (Co C° O —(13 c fl- v C N C @- O` O U co O° OL LL s s (—a 0 0 7 C Q F- 2 ... Y o.,_(..D..--F., _0. . E a o_o I- . 3 N— a) Y a C CE �c Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant OIA TREC No. OP -K