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Contract - KR CC, Inc. - 4/26/2018 SECOND AMENDMENT TO GROUND LEASE AGREEMENT This SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is made and entered into as of a, , 2018 (the "Effective Date"), between CITY OF ROUND ROCK, TEXAS, a h me rule city and municipal corporation (the "City"), and KR CC, INC., a Delaware corporation ("Tenant"). RECITALS A. The City and Tenant entered into that certain Ground Lease Agreement, dated as of December 20, 2016 and that certain First Amendment to Ground Lease, dated as of February 15 2017 (together, the "Ground Lease"), pursuant to which the City leases to Tenant, and Tenant leases from the City the real property described at Exhibit A-2 therein (the "Leased Premises"); and B. Pursuant to the Ground Lease, the City and Tenant desire to amend the Ground Lease to (i) exclude certain real property consisting of approximately 9.518 acres of land and known as the "Convention Center Lot" created as a separate parcel of land as Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision as described and depicted on Exhibit A attached hereto from the Leased Premises; (ii) re-define the"Interest Rate" as defined in the Ground Lease as defined in Section 1 of the Ground Lease; and (iii) clarify that Tenant shall be responsible for all maintenance and repairs required for the wastewater line which extends from and serves the Convention Center Parcel (the"Wastewater Line"). NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Defined Terms. Terms utilized but not defined herein shall have the meanings set forth in the Ground Lease. 2. Exclusion of Convention Center Lot. The Ground Lease is hereby amended such that the Convention Center Lot is excluded from the Leased Premises. 3. Revised Leased Premises. The Ground Lease is hereby amended such that the current Exhibit A-2 - Leased Premises of the Ground Lease, shall be deleted in its entirety and replaced with the Exhibit A-2 - Leased Premises, attached hereto as Exhibit B. 4. Definitions. The following definitions in Section 1 of the Ground Lease are amended and restated in their entirety as set forth below: "Interest Rate" means the annual LIBOR Rate quoted by U.S. Bank National Association from Reuters Screen LIBOR01 Page or any successor thereto, plus one percent (1%). All interest to be paid pursuant to this Agreement shall be compounded annually. 5. Maintenance and Repairs of Wastewater Line. Section 4.3 of the Ground Lease is amended and restated in its entirety as follows: ,U1�- %91-- senior leasehold mortgagee or its assignee, nominee or designee, all as set forth in more detail in the Sublease. 6. Encumbrances. The Sublease prohibits Sublandlord from mortgaging or otherwise encumbering Sublandlord's fee title interest in the Leasehold Premises with any mortgage, deed of trust, security deed, deed to secure debt, or any other similar instrument or agreement constituting a lien upon, or similarly encumbering, Sublandlord's fee title interest in the Leasehold Premises. 7. Successors and Assigns. This Memorandum and the Sublease shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns, subject, however, to the provisions of the Sublease. 8. Governing Law. This Memorandum and the Sublease are governed by Texas law. (Signatures appear on following pages) 2 IN WITNESS WHEREOF, the City and Tenant have entered in this Amendment as of the day and year first above written. CITY: CITY OF ROUND ROCK, TEXAS a home rule city and municipal corporation Will Peckham, Mayor Pro-Tem ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the& day of jLJr S2018, by Will Peckham, as Mayor Pro-Tem of the CITY OF ROUND ROCK, T , a home rule city and municipal corporation. \\�owI`I l WNIi Notary Public 4141... SP•• WN/;Z State of Texas •�o� �i�; '' My Commission Expires: �[ ' s C . 0,0041000' 1% �\ RES 7-AA- 111 [Signature page to Second Amendment to Ground Lease Agreement] TENANT: KR CC,INC. a Delaware corporation By: Y Todd Nelson, President ACKNOWLEDGMENT STATE OF § COUNTY OF S� § This instrument was acknowledged before me on the day of rTt , 2018, by Todd Nelson, as President of KR CC, INC., a Delaware c o n. �QN GUNpRG Qy;: '••?s Notary Public NOTARY State of Wisconsin *`. PUBLIC My Commission: O'Pvwvi [Signature page to Second Amendment to Ground Lease Agreement] Exhibit A Description and Depiction of Convention Center Lot Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision, recorded .11-1b as Document Number d353� in the office of the Clerk of Williamson County, Texas. Exhibit A to Second Amendment to Ground Lease D U- LU LOT 2 LOT 2 z BLOCK C LU Convention OG5-enter Lot if BRUSHY CREEK Exhibit A to Second Amendment to Ground Lease Exhibit B Legal Description of Demised Premises OF A 351.737 ACRE TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 157.385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 60.58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 155.589 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND MARK MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO.2010072268 OF SAID OFFICIAL PUBLIC RECORDS AND ALSO LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY INSTRUMENT OF RECORD IN VOLUME 1419, PAGE 416 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO DAVID BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351.737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1 -337.295 ACRES BEGINNING, AT A 5/8-INCH IRON ROD FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD (100' R.O.W.) BEING THE NORTHEASTERLY CORNER OF SAID 157.385- ACRE TRACT,ALSO BEING THE NORTHWESTERLY CORNER OF SAID 155.589-ACRE TRACT; THENCE NORTH 63°37'28" EAST, LEAVING THE NORTHEASTERLY CORNER OF SAID 157.385 ACRE TRACT, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, FOR A PORTION •OF THE NORTHERLY LINE HEREOF, A DISTANCE OF 2864.50 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN CAP FOUND AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK A OF FINAL PLAT OF BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2007067173 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE NORTHEASTERLY CORNER OF SAID 155.589 ACRE TRACT AND HEREOF; THENCE, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 155.589-ACRE TRACT, FOR THE EASTERLY LINE HEREOF,THE FOLLOWING SIX(6)COURSES AND DISTANCES: 1) SOUTH 26°12'00" EAST, A DISTANCE OF 49.99 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 2) NORTH 63°41'06" EAST, A DISTANCE OF 81.63 FEET TO A 1/2-INCH IRON ROD WITH ILLEGIBLE CAP FOUND; 3) SOUTH 03°33'52" EAST, A DISTANCE OF 1695.07 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 4) NORTH 58°53'53" EAST, A DISTANCE OF 362.51 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; Exhibit B to Second Amendment to Ground Lease 5) NORTH 58°35'13" EAST, A DISTANCE OF 245.00 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 6) SOUTH 02°28'32" EAST, PASSING AT A DISTANCE OF 387.44 FEET, A 1/2-INCH IRON ROD WITH "SURVCON INC" CAP FOUND, AND CONTINUING FOR A TOTAL DISTANCE OF 463.04 FEET TO A POINT IN THE CENTER OF BRUSHY CREEK, BEING IN THE NORTHERLY LINE OF LOT 59, BLOCK F OF FINAL PLAT OF FREEMAN PARK SUBDIVISION PHASE I, OF RECORD IN DOCUMENT NO. 2015010846 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING THE MOST SOUTHERLY SOUTHWESTERLY CORNER OF SAID LOT 1,FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE MOST SOUTHERLY SOUTHWESTERLY CORNER OF SAID LOT 1, ALONG OR NEAR THE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF SAID LOT 59; THE NORTHERLY LINE OF LOT 26, BLOCK B OF LAKE FOREST III, VILLAGE III REVISED, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2004095851 OF SAID OFFICIAL PUBLIC RECORDS; THE NORTHERLY LINE OF LOT 43, BLOCK E OF FINAL PLAT OF SONOMA SECTION 9, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2004021881 OF SAID OFFICIAL PUBLIC RECORDS; AND THE NORTHERLY LINE OF LOT 46, BLOCK F OF FINAL PLAT OF SONOMA SECTION 11, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2005000171 OF SAID OFFICIAL PUBLIC RECORDS FOR A PORTION OF THE SOUTHERLY LINE HEREOF,THE FOLLOWING TWENTY-THREE(23)COURSES AND DISTANCES: 1) SOUTH 71°58'01" WEST,A DISTANCE OF 59.92 FEET TO AN ANGLE POINT; 2) SOUTH 66°40'11" WEST,A DISTANCE OF 90.58 FEET TO AN ANGLE POINT; 3) SOUTH 49°32'25" WEST,A DISTANCE OF 78.88 FEET TO AN ANGLE POINT; 4) SOUTH 40°47'39" WEST,A DISTANCE OF 82.04 FEET TO AN ANGLE POINT; 5)SOUTH 23°37'20" WEST,A DISTANCE OF 81.79 FEET TO AN ANGLE POINT; 6)SOUTH 28°52'04" WEST,A DISTANCE OF 110.18 FEET TO AN ANGLE POINT; 7)SOUTH 36°12'52" WEST,A DISTANCE OF 282.02 FEET TO AN ANGLE POINT; 8)SOUTH 38°03'24" WEST,A DISTANCE OF 84.64 FEET TO AN ANGLE POINT; 9) SOUTH 47°37'12" WEST,A DISTANCE OF 329.19 FEET TO AN ANGLE POINT; 10) SOUTH 15°41'16" EAST,A DISTANCE OF 184.53 FEET TO AN ANGLE POINT; 11) SOUTH 07°27'39" EAST,A DISTANCE OF 150.82 FEET TO AN ANGLE POINT; 12)SOUTH 03°49'27" WEST,A DISTANCE OF 142.77 FEET TO AN ANGLE POINT; 13) SOUTH 21°18'06" WEST,A DISTANCE OF 94.11 FEET TO AN ANGLE POINT; 14) SOUTH 44°12'01" WEST,A DISTANCE OF 165.58 FEET TO AN ANGLE POINT; 15) SOUTH 69°51'49" WEST,A DISTANCE OF 215.14 FEET TO AN ANGLE POINT; 16) SOUTH 45°25'49" WEST,A DISTANCE OF 111.25 FEET TO AN ANGLE POINT; 17) SOUTH 26°29'36" WEST,A DISTANCE OF 94.25 FEET TO AN ANGLE POINT; 18)SOUTH 31°48'00" WEST,A DISTANCE OF 125.62 FEET TO AN ANGLE POINT; Exhibit B to Second Amendment to Ground Lease 19)SOUTH 51°58'20" WEST,A DISTANCE OF 230.16 FEET TO AN ANGLE POINT; 20)SOUTH 61°55'26" WEST,A DISTANCE OF 477.59 FEET TO AN ANGLE POINT; 21) SOUTH 54°23'53" WEST,A DISTANCE OF 144.42 FEET TO AN ANGLE POINT; 22) SOUTH 40°28'56" WEST,A DISTANCE OF 383.47 FEET TO AN ANGLE POINT; 23) SOUTH 42°15'33" WEST,A DISTANCE OF 108.54 FEET TO THE SOUTHEASTERLY CORNER OF SAID 60.58-ACRE TRACT,FOR AN ANGLE POINT HEREOF; THENCE, LEAVING THE WESTERLY LINE OF SAID 155.589-ACRE TRACT, ALONG OR NEAR THE CENTER OF BRUSHY CREEK,WITH THE NORTHERLY LINE OF LOT 46 OF SAID SONOMA SECTION 11 AND THE NORTHERLY LINE OF LOT 46, BLOCK F OF FINAL PLAT OF SONOMA SECTION 12, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2005000358 OF SAID OFFICIAL PUBLIC RECORDS FOR A PORTION OF THE SOUTHERLY LINE HEREOF, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: 1) SOUTH 42°15'33" WEST,A DISTANCE OF 148.42 FEET TO AN ANGLE POINT; 2) SOUTH 80°51'11" WEST,A DISTANCE OF 301.01 FEET TO AN ANGLE POINT; 3)SOUTH 83°08'53" WEST,A DISTANCE OF 200.01 FEET TO AN ANGLE POINT; 4)SOUTH 67°32'04" WEST,A DISTANCE OF 132.76 FEET TO AN ANGLE POINT; 5) SOUTH 62°26'47" WEST, A DISTANCE OF 141.77 FEET TO THE SOUTHEASTERLY CORNER OF SAID 157.385-ACRE TRACT, BEING THE SOUTHWESTERLY CORNER OF SAID 60.58-ACRE TRACT, FOR AN ANGLE POINT HEREOF; THENCE, LEAVING THE SOUTHWESTERLY CORNER OF SAID 60.58-ACRE TRACT, ALONG THE APPROXIMATE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF SAID LOT 46 AND IN PART ALONG THE NORTHERLY LINE OF THAT CERTAIN 1.764-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2013056475 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE SOUTHERLY LINE HEREOF, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) SOUTH 70°10'09" WEST,A DISTANCE OF 138.30 FEET TO AN ANGLE POINT; 2) SOUTH 58°52'42" WEST,A DISTANCE OF 700.00 FEET TO AN ANGLE POINT; 3) SOUTH 67°52'42" WEST,A DISTANCE OF 240.00 FEET TO AN ANGLE POINT; 4) SOUTH 53°04'42" WEST, A DISTANCE OF 132.01 FEET TO A POINT IN THE EASTERLY RIGHT-OF- WAY LINE OF KENNEY FORT BOULEVARD (R.O.W VARIES) FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, LEAVING THE APPROXIMATE CENTER OF BRUSHY CREEK AND THE NORTHERLY LINE OF SAID 1.764-ACRE TRACT, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, FOR A PORTION OF THE WESTERLY LINE HEREOF, THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1) NORTH 03°27'14" WEST, PASSING AT A DISTANCE OF 100.00 FEET, A 1/2-INCH IRON ROD WITH "BURY" CAP SET FOR REFERENCE,AND CONTINUING FOR A TOTAL DISTANCE OF 492.81 FEET TO A 1/2-INCH IRON ROD WITH"BAKER AICKLEN" CAP FOUND; Exhibit B to Second Amendment to Ground Lease 2) NORTH 85°58'17" EAST, A DISTANCE OF 58.16 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 3) NORTH 03°26'15" WEST, A DISTANCE OF 243.69 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 4) NORTH 19°10'44" WEST, A DISTANCE OF 376.64 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 5) NORTH 26°22'35" WEST, A DISTANCE OF 1454.98 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 6) NORTH 22°47'26" WEST, A DISTANCE OF 160.27 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 7) NORTH 26°23'34" WEST, A DISTANCE OF 114.86 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 8) NORTH 23°12'13" WEST, A DISTANCE OF 254.74 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 9) NORTH 02°18'29" WEST, A DISTANCE OF 323.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD AND THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, BEING IN THE NORTHERLY LINE OF SAID 157.385-ACRE TRACT, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE,NORTH 63°36'45" EAST, LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, BEING THE NORTHERLY LINE OF SAID 157.385-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, A DISTANCE OF 2121.63 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 338.795 ACRES (14,627,230 SQUARE FEET) OF LAND, MORE OR LESS, ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND; THAT CERTAIN 1.50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399 OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1.50 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD FOR THE NORTHWESTERLY CORNER OF LOT 1, BLOCK A OF SAID FINAL PLAT OF BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT OF RECORD,BEING THE NORTHEASTERLY CORNER OF SAID 155.589-ACRE TRACT; THENCE, SOUTH 26°12'00" EAST, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALONG THE COMMON LINE OF SAID 155.589-ACRE TRACT AND SAID LOT 1, A DISTANCE OF 49.99 FEET TO A 1/2-INCH IRON ROD WITH"BAKER AICKLEN" CAP FOUND; THENCE, SOUTH 03°34'49" EAST, LEAVING THE WESTERLY LINE OF SAID LOT 1, OVER AND ACROSS SAID 155.589-ACRE TRACT, A DISTANCE OF 291.32 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE POINT OF BEGINNING, BEING THE NORTHEASTERLY CORNER OF SAID 1.50-ACRE TRACT AND HEREOF; THENCE, ALONG THE EXTERIOR LINES OF SAID 1.50-ACRE TRACT FOR THE EXTERIOR LINES HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: Exhibit B to Second Amendment to Ground Lease 1) SOUTH 03°34'49" EAST, A DISTANCE OF 298.62 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE SOUTHEASTERLY CORNER HEREOF; 2) SOUTH 74°24'52" WEST, A DISTANCE OF 244.97 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE SOUTHWESTERLY CORNER HEREOF; 3) NORTH 06°37'52" EAST, A DISTANCE OF 340.30 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE NORTHWESTERLY CORNER HEREOF; 4)NORTH 81°44'34" EAST, A DISTANCE OF 179.89 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1.500 ACRES (65,357 SQUARE FEET)OF LAND, LEAVING A TOTAL NET AREA OF 337.295 ACRES(14,692,570 SQUARE FEET)OF LAND,MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 2-0.037 ACRES BEGINNING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 28°42'41" EAST, LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE NORTHERLY LINE HEREOF, A DISTANCE OF 59.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND FOR THE NORTHERLY CORNER OF THAT CERTAIN 0.158-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, WITH THE NORTHERLY LINE OF SAID 0.158-ACRE TRACT FOR THE EASTERLY AND SOUTHERLY LINES HEREOF,THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1) SOUTH 17°26'31" WEST, A DISTANCE OF 55.47 FEET TO A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE SOUTHEASTERLY CORNER HEREOF; 2) SOUTH 63°37'08" WEST, A DISTANCE OF 8.52 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT NORTHWESTERLY CORNER OF SAID 0.158-ACRE TRACT AS FOUND BEARS, NORTH 76°15'30"EAST,A DISTANCE OF 0.67 FEET; THENCE, NORTH 02°09'44" WEST, LEAVING THE NORTHERLY LINE OF SAID 0.158-ACRE TRACT, ALONG THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE WESTERLY LINE HEREOF, A DISTANCE OF 108.54 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.037 ACRES (1,602 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 3-4.609 ACRES COMMENCING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN Exhibit B to Second Amendment to Ground Lease DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 02°09'44" EAST, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD; ALONG THE COMMON LINE OF SAID 107.17 ACRE TRACT AND SAID 157.385 ACRE TRACT, A DISTANCE OF 196.31 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE SOUTHERLY LINE OF THAT CERTAIN 0.158 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE POINT OF BEGINNING, BEING THE NORTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT SOUTHWESTERLY CORNER OF SAID 0.158 ACRE TRACT AS FOUND BEARS,NORTH 63°02'14" EAST,A DISTANCE OF 0.70 FEET; THENCE, LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID 0.158-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, THE FOLLOWING TWO (2) COURSES AND DISTANCES: I) NORTH 63°33'51" EAST, A DISTANCE OF 47.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 2) SOUTH 71°12'55" EAST, A DISTANCE OF 56.50 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, BEING THE SOUTHEASTERLY CORNER OF SAID 0.158-ACRE TRACT, FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, SOUTH 26°22'11" EAST, LEAVING THE SOUTHEASTERLY CORNER OF SAID 0.158-ACRE TRACT, OVER AND ACROSS SAID 157.385-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE EASTERLY-LINE HEREOF, A DISTANCE OF 695.06 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEASTERLY CORNER OF THAT CERTAIN 0.864-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, WITH THE NORTHERLY LINE OF SAID 0.864-ACRE TRACT FOR THE SOUTHERLY LINE HEREOF, THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1)SOUTH 18°36'13" WEST,A DISTANCE OF 56.47 FEET TO A 1/2-INCH IRON ROD FOUND; 2) SOUTH 63°36'13" WEST, A DISTANCE OF 395.45 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD FOUND FOR THE APPARENT NORTHWESTERLY CORNER OF SAID 0.864-ACRE TRACT AS FOUND BEARS, NORTH 58°21'23"EAST,A DISTANCE OF 1.69 FEET; THENCE, NORTH 02°09'44" WEST, LEAVING THE NORTHERLY LINE OF SAID 0.864-ACRE TRACT, ALONG THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE WESTERLY LINE HEREOF, A DISTANCE OF 849.94 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 4.609 ACRES (200,777 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 4-9.796 ACRES COMMENCING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED Exhibit B to Second Amendment to Ground Lease TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 02°09'44" EAST; LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE COMMON LINE OF SAID 107.17 ACRE TRACT AND SAID 157.385 ACRE TRACT, A DISTANCE OF 1133.82 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE SOUTHERLY LINE OF THAT CERTAIN 0.864 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE POINT OF BEGINNING, BEING THE NORTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT SOUTHWESTERLY CORNER OF SAID 0.864 ACRE TRACT AS FOUND BEARS,NORTH 62°52'19" EAST,A DISTANCE OF 1.77 FEET; THENCE,LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID 0.864-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1)NORTH 63°36'57" EAST,A DISTANCE OF 431.40 FEET TO A 1/2-INCH IRON ROD FOUND; 2) SOUTH 71°27'38" EAST, A DISTANCE OF 56.40 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, BEING THE SOUTHEASTERLY CORNER OF SAID 0.864-ACRE TRACT, FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE SOUTHEASTERLY CORNER OF SAID 0.864-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE EASTERLY LINE HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: 1) SOUTH 26°22'09" EAST, A DISTANCE OF 250.82 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE POINT OF CURVATURE OF A NON-TANGENT CURVE TO THE RIGHT; 2) ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1441.72 FEET, A CENTRAL ANGLE OF 12°09'39", AN ARC LENGTH OF 306.00 FEET, AND A CHORD WHICH BEARS, SOUTH 21°15'08" EAST, A DISTANCE OF 305.42 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND AT THE END OF SAID CURVE; 3) SOUTH 00°08'16" EAST, A DISTANCE OF 360.25 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 4) SOUTH 16°10'46" WEST, A DISTANCE OF 165.87 FEET TO A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE MOST NORTHERLY NORTHEASTERLY CORNER OF THAT CERTAIN 12.1-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2013049009 OF SAID OFFICIAL PUBLIC RECORDS FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, SOUTH 88°41'51" WEST, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE NORTHERLY LINE OF SAID 12.1-ACRE TRACT FOR THE SOUTHERLY LINE HEREOF, A DISTANCE OF 267.19 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE EASTERLY LINE OF THAT CERTAIN 4.42-ACRE TRACT OF LAND CONVEYED TO THOMAS P. ELROD ET. UX. BY DEED OF RECORD IN DOCUMENT NO. 1813, PAGE 540 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE WESTERLY LINE OF SAID 157.385-ACRE TRACT, ALSO BEING THE MOST NORTHERLY NORTHWESTERLY CORNER OF SAID 12.1-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF; Exhibit B to Second Amendment to Ground Lease THENCE, NORTH 01°23'35" WEST, LEAVING THE NORTHERLY LINE OF SAID 12.1-ACRE TRACT, ALONG THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 4.42-ACRE TRACT FOR A PORTION OF THE WESTERLY LINE HEREOF, A DISTANCE OF 498.34 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEASTERLY CORNER OF SAID 4.42-ACRE TRACT; THENCE, SOUTH 89°11'33" WEST, ALONG THE IRREGULAR WESTERLY LINE OF SAID 157.385-ACRE TRACT AND THE NORTHERLY LINE OF SAID 4.42-ACRE TRACT, PASSING AT A DISTANCE OF 319.72 FEET, A 1/2-INCH IRON ROD FOUND FOR THE NORTHWESTERLY CORNER OF SAID 4.42-ACRE TRACT, AND CONTINUING FOR A TOTAL DISTANCE OF 323.61 FEET TO A 1/2-INCH IRON ROD FOUND IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 107.17-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, NORTH 02°09'44" WEST, ALONG THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 107.17-ACRE TRACT FOR A PORTION OF THE WESTERLY LINE HEREOF, A DISTANCE OF 367.85 FEET TO THE POINT OF BEGINNING,CONTAINING AN AREA OF 9.796 ACRES(426,728 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96), UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION(CORS)NETWORK. LESS AND EXCEPT, LOT 2,BLOCK "C", FINAL PLAT OF KALAHARI RESORT AND REPLAT OF BERTIL TELANDER SUBDIVISION, RECORDED APRIL 27, 2018 AS DOCUMENT NUMBER 2018035349 IN THE OFFICE OF THE CLERK OF WILLIAMSON COUNTY,TEXAS. A PORTION OF THE ABOVE LAND ALSO INCLUDES THE FOLLOWING LOT 1, BLOCK "A" AND LOT 1, BLOCK "C", FINAL PLAT OF KALAHARI RESTOR AND REPLAT OF BERTIL TELANDER SUBDIVISION, RECORDED APRIL 27, 2018 AS DOCUMENT NUMBER 2018035349 IN THE OFFICE OF THE CLERK OF WILLIAMSON COUNTY,TEXAS. Exhibit B to Second Amendment to Ground Lease Recording Requested By: Michael Best & Friedrich LLP One South Pinckney Street, Suite 700 Madison, Wisconsin 53703 Attention: Michael S. Green MEMORANDUM OF SUBLEASE AND OPTION This MEMORANDUM OF SUBLEASE AND OPTION (this "Amendment"), dated as of L- , 2018 is entered into between KR CC, INC., a Delaware corporation (the"Su landlord"), and KR ACQUISITIONS, LLC, a Delaware corporation("Subtenant"). RECITALS A. The Sublandlord and Subtenant entered into that certain Sublease of Ground Lease, Option to Take Assignment of Ground Lease, and Option to Purchase dated 1 L A0 , 2018 (the "Sublease"), pursuant to which the Sublandlord leases to Subtenant, an Subtenant leases from the Sublandlord, for the Term (as such term is defined in the Sublease) the real property described in Exhibit"A" attached hereto and incorporated herein by reference (the "Leased Premises") B. The Sublandlord and Subtenant desire to execute this Memorandum to provide constructive notice of Subtenant's rights under the Sublease to all third parties. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Term. The Sublandlord has agreed to lease the Leased Premises to Subtenant for the Term, which Term will end on the Expiration Date(as defined in the Sublease). 2. Sublease Terms. The sublease of the Leased Premises to Subtenant is pursuant to the Sublease, which is incorporated into this Memorandum by reference. 3. Options. Subtenant shall have the option to purchase the Leased Premises and/or take assignment of the Leased Premises from the Sublandlord (the "Options") upon and subject to the terms and conditions set forth in the Sublease. 4. Assignment. Subtenant's ability to transfer its rights under the Sublease and to sublease the Leased Premises is set forth in more detail in the Sublease. 5. Leasehold Mortgagee's Right to New Agreement. Subtenant's leasehold mortgagees are granted certain rights and protections, including notice and cure rights with respect to Subtenant's defaults and the right, under certain circumstances that result in the termination of the Sublease, to require the Sublandlord to enter into a new lease with Subtenant's "4.3 Maintenance and Repairs. During the Term of this Lease, Tenant shall maintain the Property and the Leased Premises at Tenant's own expense, and Tenant shall keep the Leased Premises in good condition and repair. Landlord shall not be required to maintain or repair any portion of the Leased Premises or any improvements located thereon. Tenant further acknowledges and agrees that Tenant shall be solely responsible at Tenant's own expense for maintaining and repairing the wastewater line which extends from and serves the Convention Center Parcel, even if the City in the future no longer owns the Convention Center Parcel." 6. Ratification. Except as amended hereby, the Ground Lease is hereby ratified and remains in full force and effect. 7. Governing Law. This Amendment and the Ground Lease are governed by laws of the State of Texas. (Signatures appear on following pages) 2 IN WITNESS WHEREOF, the Sublandlord and Subtenant have entered in this Memorandum as of the day and year first above written. SUBTENANT: KR ACQUISITIONS,LLC a Deli ar: li i• -s liability com tai y By: 01 Grime Olt _ a4 Mar :on-�path, CFO, Secr: ary, and Tr:.surer ACKNOWLEDGMENT STATE OF k,()t`S c otn ✓\ § COUNTY OFrh- This instrument was acknowledged before me on the 2$day of f �� , 2018, by Mary Bonte Spath, as CFO, Secretary, and Treasurer of KR ACQUISITIONS, LLC, a Delaware limited liability company. otary Public QN GUgj``.� State of Wisconsin �• '�'4'G�1, y Commission: S .e f et ` . ►OTARY *; —s— * •+ PUBLIC 0• .. . 'C°; FVJISO [Signature page to Memorandum of Sublease] SUBLANDLORD: KR CC, INC. a Delawa e •is oration By. Q i1, lika4af M. y v Spath, CF I Secretary, and Tr-asur:r ACKNOWLEDGMENT STATE OF VOt5coa 5 v\ § COUNTY OF 54-d(C § This instrument was acknowledged before me on they day of c , 2018, by Mary Bonte Spath, as CFO, Secretary, and Treasurer of ' CC, Inc., a laware corporation. otary Public State of Wisconsin My Commission: ). 5 reinio-e(",1 , . NOTARY PUBLIC *' vpwi [Signature page to Memorandum of Sublease] Exhibit A Leased Premises OF A 351. 737 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 157 . 385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 60 . 58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 155 . 589 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND MARK MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO. 2010072268 OF SAID OFFICIAL PUBLIC RECORDS; AND ALSO LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY INSTRUMENT OF RECORD IN VOLUME 1419, PAGE 416 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO DAVID BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351 . 737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1 - 337 .295 ACRES BEGINNING, at a 5/8-inch iron rod found in the southerly right-of- way line of the Union Pacific Railroad (100' R.O.W. ) being the northeasterly corner of said 157 . 385-acre tract, also being the northwesterly corner of said 155 . 589-acre tract; THENCE, N63°37 ' 28"E, leaving the northeasterly corner of said 157 . 385 acre tract, along the southerly right-of-way line of the Union Pacific Railroad, for a portion of the northerly line hereof, a distance of 2864 . 50 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the northwesterly corner of Lot 1, Block A of Final Plat of Brushy Creek Regional Wastewater Treatment Plant, a subdivision of record in Document No. 2007067173 of said Official Public Records, being the northeasterly corner of said 155. 589 acre tract and hereof; THENCE, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said Lot 1 and said 155. 589-acre tract, for the easterly line hereof, the following six (6) courses and distances : 1) S26°12 ' 00"E, a distance of 49. 99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; Exhibit A to Memorandum of Sublease 2) N63°41 ' 06"E, a distance of 81. 63 feet to a 1/2-inch iron rod with illegible cap found; 3) S03°33 ' 52"E, a distance of 1695. 07 feet to a 1/2-inch iron rod with "LCRA" cap found; 4) N58°53 ' 53"E, a distance of 362 . 51 feet to a 1/2-inch iron rod with "LCRA" cap found; 5) N58°35 ' 13"E, a distance of 245. 00 feet to a 1/2-inch iron rod with "LCRA" cap found; 6) S02°28 ' 32"E, passing at a distance of 387 . 44 feet, a 1/2-inch iron rod with "SURVCON INC" cap found, and continuing for a total distance of 463 . 04 feet to a point in the center of Brushy Creek, being in the northerly line of Lot 59, Block F of Final Plat of Freeman Park Subdivision Phase I, of record in Document No. 2015010846 of said Official Public Records, also being the most southerly southwesterly corner of said Lot 1, for the southeasterly corner hereof; THENCE, leaving the most southerly southwesterly corner of said Lot 1, along or near the center of Brushy Creek, with the northerly line of said Lot 59; the northerly line of Lot 26, Block B of Lake Forest III, Village III Revised, a subdivision of record in Document No. 2004095851 of said Official Public Records; the northerly line of Lot 43, Block E of Final Plat of Sonoma Section 9, a subdivision of record in Document No. 2004021881 of said Official Public Records; and the northerly line of Lot 46, Block F of Final Plat of Sonoma Section 11, a subdivision of record in Document No. 2005000171 of said Official Public Records for a portion of the southerly line hereof, the following twenty-three (23) courses and distances: 1) S71°58 ' 01"W, a distance of 59. 92 feet to an angle point; 2) S66°40 ' 11"W, a distance of 90 . 58 feet to an angle point; 3) S49°32 ' 25"W, a distance of 78 . 88 feet to an angle point; 4) S40°47 ' 39"W, a distance of 82 . 04 feet to an angle point; 5) S23°37 ' 20"W, a distance of 81 . 79 feet to an angle point; 6) S28°52 ' 04"W, a distance of 110 . 18 feet to an angle point; 7) S36°12 ' 52"W, a distance of 282 . 02 feet to an angle point; 8) S38°03 ' 24"W, a distance of 84 . 64 feet to an angle point; 9) S47°37 ' 12"W, a distance of 329. 19 feet to an angle point; 10) S15°41 ' 16"E, a distance of 184 . 53 feet to an angle point; Exhibit A to Memorandum of Sublease 11) S07°27 ' 39"E, a distance of 150 . 82 feet to an angle point; 12) S03°49' 27"W, a distance of 142 . 77 feet to an angle point; 13) S21°18 ' 06"W, a distance of 94 . 11 feet to an angle point; 14) S44°12 ' 01"W, a distance of 165. 58 feet to an angle point; 15) S69°51 ' 49"W, a distance of 215. 14 feet to an angle point; 16) S45°25 ' 49"W, a distance of 111 .25 feet to an angle point; 17) S26°29 ' 36"W, a distance of 94 . 25 feet to an angle point; 18) S31°48 ' 00"W, a distance of 125. 62 feet to an angle point; 19) S51°58 ' 20"W, a distance of 230. 16 feet to an angle point; 20) S61°55 ' 26"W, a distance of 477 . 59 feet to an angle point; 21) S54°23 ' 53"W, a distance of 144 . 42 feet to an angle point; 22) S40°28 ' 56"W, a distance of 383. 47 feet to an angle point; 23) S42°15 ' 33"W, a distance of 108 . 54 feet to the southeasterly corner of said 60 . 58-acre tract, for an angle point hereof; THENCE, leaving the westerly line of said 155 . 589-acre tract, along or near the center of Brushy Creek, with the northerly line of Lot 46 of said Sonoma Section 11 and the northerly line of Lot 46, Block F of Final Plat of Sonoma Section 12, a subdivision of record in Document No. 2005000358 of said Official Public Records for a portion of the southerly line hereof, the following five (5) courses and distances : 1) S42°15 ' 33"W, a distance of 148 . 42 feet to an angle point; 2) S80°51 ' 11"W, a distance of 301. 01 feet to an angle point; 3) 583°08 ' 53"W, a distance of 200. 01 feet to an angle point; 4) 567°32 ' 04"W, a distance of 132 . 76 feet to an angle point; 5) 562°26' 47"W, a distance of 141 . 77 feet to the southeasterly corner of said 157 . 385-acre tract, being the southwesterly corner of said 60 . 58-acre tract, for an angle point hereof; THENCE, leaving the southwesterly corner of said 60 . 58-acre tract, along the approximate center of Brushy Creek, with the northerly line of said Lot 46 and in part along the northerly line of that certain 1. 764-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2013056475 of said Official Public Records, for the southerly line hereof, the following four (4) courses and distances: Exhibit A to Memorandum of Sublease 1) S70°10 ' 09"W, a distance of 138 . 30 feet to an angle point; 2) S58°52 ' 42"W, a distance of 700 . 00 feet to an angle point; 3) S67°52 ' 42"W, a distance of 240. 00 feet to an angle point; 4) S53°04 ' 42"W, a distance of 132 . 01 feet to a point in the easterly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) for the southwesterly corner hereof; THENCE, leaving the approximate center of Brushy Creek and the northerly line of said 1 . 764-acre tract, along the easterly right- of-way line of Kenney Fort Boulevard, for a portion of the westerly line hereof, the following nine (9) courses and distances: 1) NO3°27 ' 14"W, passing at a distance of 100. 00 feet, a 1/2-inch iron rod with "BURY" cap set for reference, and continuing for a total distance of 492 . 81 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) N85°58 ' 17"E, a distance of 58 . 16 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 3) NO3°26' 15"W, a distance of 243. 69 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 4) N19°10 ' 44"W, a distance of 376. 64 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 5) N26°22 ' 35"W, a distance of 1454 . 98 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 6) N22°47 ' 26"W, a distance of 160 .27 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 7) N26°23 ' 34"W, a distance of 114 . 86 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 8) N23°12 ' 13"W, a distance of 254 . 74 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 9) NO2°18 ' 29"W, a distance of 323. 01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the intersection of the easterly right-of-way line of Kenney Fort Boulevard and the southerly right-of-way line of the Union Pacific Railroad, being in the northerly line of said 157 . 385-acre tract, for the northwesterly corner hereof; THENCE, N63°36 ' 45"E, leaving the easterly right-of-way line of Kenney Fort Boulevard, along the southerly right-of-way line of Exhibit A to Memorandum of Sublease the Union Pacific Railroad, being the northerly line of said 157 . 385-acre tract for the northerly line hereof, a distance of 2121. 63 feet to the POINT OF BEGINNING, containing an area of 338 . 795 acres (14, 627, 230 square feet) of land, more or less, SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND: THAT CERTAIN 1. 50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399 OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1 . 50 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, a 1/2-inch iron rod with "Baker Aicklen" cap found in the southerly right-of-way line of the Union Pacific Railroad for the northwesterly corner of Lot 1, Block A of said Final Plat of Brushy Creek Regional Wastewater Treatment Plant of record, being the northeasterly corner of said 155. 589-acre tract; THENCE, S26°12 ' 00"E, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said 155. 589- acre tract and said Lot 1, a distance of 49. 99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; THENCE, S03°34 ' 49"E, leaving the westerly line of said Lot 1, over and across said 155. 589-acre tract, a distance of 291. 32 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the POINT OF BEGINNING, being the northeasterly corner of said 1. 50-acre tract and hereof; THENCE, along the exterior lines of said 1. 50-acre tract for the exterior lines hereof, the following four (4) courses and distances: 1) S03°34 ' 49"E, a distance of 298 . 62 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southeasterly corner hereof; 2) S74°24 ' 52"W, a distance of 244 . 97 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southwesterly corner hereof; 3) N06°37 ' 52"E, a distance of 340 . 30 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the northwesterly corner hereof; 4) N81°44 ' 34"E, a distance of 179. 89 feet to the POINT OF BEGINNING, containing an area of 1 . 500 acres (65, 357 square feet) of land, leaving a TOTAL NET AREA OF 337.295 ACRES (14, 692, 570 square feet) of land, more or less, within these metes and bounds. PART 2 - 0 .037 ACRES Exhibit A to Memorandum of Sublease BEGINNING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157 . 385-acre tract and that certain 107 . 17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; THENCE, S28°42 ' 41"E, leaving the easterly line of said 107 . 17-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the northerly line hereof, a distance of 59. 01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found for the northerly corner of that certain 0 . 158-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the northeasterly corner hereof; THENCE, leaving the westerly right-of-way line of Kenney Fort Boulevard, with the northerly line of said 0. 158-acre tract for the easterly and southerly lines hereof, the following two (2) courses and distances : 1) S17°26' 31"W, a distance of 55. 47 feet to a 1/2-inch iron rod with "SAM" cap found for the southeasterly corner hereof; 2) S63°37 ' 08"W, a distance of 8 . 52 feet to a 1/2-inch iron rod with "BURY " cap set in the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the southwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent northwesterly corner of said 0 . 158- acre tract as found bears, N76°15 ' 30"E, a distance of 0 . 67 feet; THENCE, NO2°09 ' 44"W, leaving the northerly line of said 0 . 158-acre tract, along the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the westerly line hereof, a distance of 108 . 54 feet to the POINT OF BEGINNING, containing an area of 0 . 037 acres (1, 602 square feet) of land, more or less, within these metes and bounds. PART 3 - 4 . 609 ACRES COMMENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157 . 385-acre tract and that certain 107 . 17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; THENCE, S02°09 ' 44"E, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the common line of said 107 . 17 acre Exhibit A to Memorandum of Sublease tract and said 157 . 385 acre tract, a distance of 196. 31 feet to a 1/2-inch iron rod with "BURY" cap set in the southerly line of that certain 0 . 158 acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the POINT OF BEGINNING, being the northwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent southwesterly corner of said 0 . 158 acre tract as found bears, N63°02 ' 14"E, a distance of 0 . 70 feet; THENCE, leaving the easterly line of said 107 . 17-acre tract, with the southerly line of said 0 . 158-acre tract for the northerly line hereof, the following two (2) courses and distances: 1) N63°33 ' 51"E, a distance of 47 . 01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) S71°12 ' 55"E, a distance of 56. 50 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard, being the southeasterly corner of said 0. 158-acre tract, for the northeasterly corner hereof; THENCE, S26°22 ' 11"E, leaving the southeasterly corner of said 0 . 158-acre tract, over and across said 157 . 385-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the easterly line hereof, a distance of 695 . 06 feet to a 1/2-inch iron rod found for the northeasterly corner of that certain 0 . 864-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the southeasterly corner hereof; THENCE, leaving the westerly right-of-way line of Kenney Fort Boulevard, with the northerly line of said 0. 864-acre tract for the southerly line hereof, the following two (2) courses and distances: 1) 518°36' 13"W, a distance of 56. 47 feet to a 1/2-inch iron rod found; 2) S63°36' 13"W, a distance of 395. 45 feet to a 1/2-inch iron rod with "BURY " cap set in the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the southwesterly corner hereof from which, a 1/2-inch iron rod found for the apparent northwesterly corner of said 0 . 864-acre tract as found bears, N58°21 ' 23"E, a distance of 1 . 69 feet; THENCE, NO2°09 ' 44"W, leaving the northerly line of said 0 . 864-acre tract, along the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the westerly line hereof, a distance of 849. 94 feet to the POINT OF BEGINNING, containing an area of 4 . 609 acres (200, 777 square feet) of land, more or less, within these metes and bounds. Exhibit A to Memorandum of Sublease PART 4 - 9.796 ACRES COMMENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157 . 385-acre tract and that certain 107 . 17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; THENCE, S02°09 ' 44"E, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the common line of said 107 . 17 acre tract and said 157 . 385 acre tract, a distance of 1133. 82 feet to a 1/2-inch iron rod with "BURY" cap set in the southerly line of that certain 0 . 864 acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the POINT OF BEGINNING, being the northwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent southwesterly corner of said 0 . 864 acre tract as found bears, N62°52 ' 19"E, a distance of 1 . 77 feet; THENCE, leaving the easterly line of said 107 . 17-acre tract, with the southerly line of said 0. 864-acre tract for the northerly line hereof, the following two (2) courses and distances : 1) N63°36' 57"E, a distance of 431. 40 feet to a 1/2-inch iron rod found; 2) S71°27 ' 38"E, a distance of 56. 40 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard, being the southeasterly corner of said 0. 864-acre tract, for the northeasterly corner hereof; THENCE, leaving the southeasterly corner of said 0 . 864-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the easterly line hereof, the following four (4) courses and distances : 1) S26°22 ' 09"E, a distance of 250 . 82 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the point of curvature of a non-tangent curve to the right; 2) Along said non-tangent curve to the right, having a radius of 1441 . 72 feet, a central angle of 12°09 ' 39", an arc length of 306. 00 feet, and a chord which bears, S21°15 ' 08"E, a distance of 305. 42 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the end of said curve; 3) 4) S00°08 ' 16"E, a distance of 360.25 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; Exhibit A to Memorandum of Sublease 5) S16°10 ' 46"W, a distance of 165. 87 feet to a 1/2-inch iron rod with "SAM" cap found for the most northerly northeasterly corner of that certain 12. 1-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2013049009 of said Official Public Records for the southeasterly corner hereof; THENCE, S88°41 ' 51"W, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the northerly line of said 12 . 1-acre tract for the southerly line hereof, a distance of 267 . 19 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the easterly line of that certain 4 . 42-acre tract of land conveyed to Thomas P. Elrod Et. Ux. By deed of record in Document No. 1813, Page 540 of said Official Public Records, being the westerly line of said 157 . 385-acre tract, also being the most northerly northwesterly corner of said 12 . 1-acre tract for the southwesterly corner hereof; THENCE, N01°23 ' 35"W, leaving the northerly line of said 12 . 1-acre tract, along the common line of said 157 . 385-acre tract and said 4 . 42-acre tract for a portion of the westerly line hereof, a distance of 498 . 34 feet to a 1/2-inch iron rod found for the northeasterly corner of said 4 . 42-acre tract; THENCE, S89°11 ' 33"W, along the irregular westerly line of said 157 . 385-acre tract and the northerly line of said 4 . 42-acre tract, passing at a distance of 319. 72 feet, a 1/2-inch iron rod found for the northwesterly corner of said 4 . 42-acre tract, and continuing for a total distance of 323 . 61 feet to a 1/2-inch iron rod found in the common line of said 157 . 385-acre tract and said 107 . 17-acre tract for the southwesterly corner hereof; THENCE, NO2°09' 44"W, along the common line of said 157 . 385-acre tract and said 107 . 17-acre tract for a portion of the westerly line hereof, a distance of 367 . 85 feet to the POINT OF BEGINNING, containing an area of 9. 796 acres (426, 728 square feet) of land, more or less, within these metes and bounds . BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96) , UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION (CORS) NETWORK. LESS AND EXCEPT, Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision, recorded 41A-A as Document Number 1.0140 .5.52A1 in the office of the Clerk of Williamson County, Texas, which is approximately 9. 518 acres . Exhibit A to Memorandum of Sublease ELECTRONICALLY RECORDED 2018035594 Williamson County, Texas Total Pages: 7 SECOND AMENDMENT TO GROUND LEASE AGREEMENT This SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is made and entered into as of A - j 1. 74) , 2018 (the "Effective Date"), between CITY OF ROUND ROCK, TEXAS, a h•me rule city and municipal corporation (the "City"), and KR CC, INC., a Delaware corporation ("Tenant"). RECITALS A. The City and Tenant entered into that certain Ground Lease Agreement, dated as of December 20, 2016 and that certain First Amendment to Ground Lease, dated as of February 1, 2017 (together,the "Ground Lease"), pursuant to which the City leases to Tenant, and Tenant leases from the City the real property described at Exhibit A-2 therein (the "Leased Premises"); and B. Pursuant to the Ground Lease, the City and Tenant desire to amend the Ground Lease to (i) exclude certain real property consisting of approximately 9.518 acres of land and known as the "Convention Center Lot" created as a separate parcel of land as Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision as described and depicted on Exhibit A attached hereto from the Leased Premises; (ii) re-define the"Interest Rate"as defined in the Ground Lease as defined in Section 1 of the Ground Lease; and (iii) clarify that Tenant shall be responsible for all maintenance and repairs required for the wastewater line which extends from and serves the Convention Center Parcel (the"Wastewater Line"). NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. Defined Terms. Terms utilized but not defined herein shall have the meanings set forth in the Ground Lease. 2. Exclusion of Convention Center Lot. The Ground Lease is hereby amended such that the Convention Center Lot is excluded from the Leased Premises. 3. Revised Leased Premises. The Ground Lease is hereby amended such that the current Exhibit A-2 - Leased Premises of the Ground Lease, shall be deleted in its entirety and replaced with the Exhibit A-2 - Leased Premises, attached hereto as Exhibit B. 4. Definitions. The following definitions in Section 1 of the Ground Lease are amended and restated in their entirety as set forth below: "Interest Rate" means the annual LIBOR Rate quoted by U.S. Bank National Association from Reuters Screen LIBOR01 Page or any successor thereto, plus one percent (1%). All interest to be paid pursuant to this Agreement shall be compounded annually. 5. Maintenance and Repairs of Wastewater Line. Section 4.3 of the Ground Lease is amended and restated in its entirety as follows: 2018035594 Page 2 of 7 "4.3 Maintenance and Repairs. During the Term of this Lease, Tenant shall maintain the Property and the Leased Premises at Tenant's own expense, and Tenant shall keep the Leased Premises in good condition and repair. Landlord shall not be required to maintain or repair any portion of the Leased Premises or any improvements located thereon. Tenant further acknowledges and agrees that Tenant shall be solely responsible at Tenant's own expense for maintaining and repairing the wastewater line which extends from and serves the Convention Center Parcel, even if the City in the future no longer owns the Convention Center Parcel." 6. Ratification. Except as amended hereby, the Ground Lease is hereby ratified and remains in full force and effect. 7. Governing Law. This Amendment and the Ground Lease are governed by laws of the State of Texas. (Signatures appear on following pages) 2 2018035594 Page 3 of 7 IN WITNESS WHEREOF, the City and Tenant have entered in this Amendment as of the day and year first above written. CITY: CITY OF ROUND ROCK, TEXAS a home rule city and municipal corporation By: & , - Will Peckham, Mayor Pro-Tern ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of +►`' »I , 2018, by Will Peckham, as Mayor Pro-Tem of the CITY OF ROUND ROCK, T XAS, a home rule city and municipal corporation. /TINN ®®®i® Notary Public ..... ®® ®•�PY U 6®®®®s State of Texas 41.° s•�® `ic°. My Commission Expires: iia IN ®®® gl• ®Ft � S. S., ®'•.,1265 •'®. ®®®®s ES 7-11 ®®®` gill{MO [Signature page to Second Amendment to Ground Lease Agreement] 2018035594 Page 4 of 7 TENANT: KR CC, INC. a Delaware corporation t— - By: 7 7 Todd Nelson,President ACKNOWLEDGMENT STATE OF 11., V17C°6 (' 111• COUNTY OF rk This instrument was acknowledged before me on the day of 141--, , 2018, by Todd Nelson, as President of KR CC, INC., a Delaware cs so in. Notary Public NOTARY 1, 1, State of Wisconsin • l'0,*11. PUDIC My Commission: [Signature page to Second Amendment to Ground Lease Agreement] 2018035594 Page 5 of 7 Exhibit A Description and Depiction of Convention Center Lot Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision, recorded 4-,21-.l'b as Document Number ' 'O534 in the office of the Clerk of Williamson County, Texas. Exhibit A to Second Amendment to Ground Lease 2018035594 Page 6 of 7 i I , . ..• . , I 0 CD 11 0 LOT 2 BLOCK C Convention Center Lot BRUSHY CREEK Exhibit A to Second Amendment to Ground Lease 2018035594 Page 7 of 7 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018035594 Pages: 7 Fee: $41 .00 04/30/2018 08:55 AM , ,If. i�� •I .l v �� Nancy E. Rister,County Clerk Williamson County,Texas ELECTRONICALLY RECORDED 2018035976 Williamson County, Texas Total Pages: 14 Recording Requested By: Michael Best & Friedrich LLP One South Pinckney Street, Suite 700 Madison, Wisconsin 53703 Attention: Michael S. Green MEMORANDUM OF SUBLEASE AND OPTION This MEMORANDUM OF SUBLEASE AND OPTION (this "Amendment"), dated as of L.-� , 2018 is entered into between KR CC, INC., a Delaware corporation (the"Su landlord"), and KR ACQUISITIONS, LLC, a Delaware corporation("Subtenant"). RECITALS A. The Sublandlord and Subtenant entered into that certain Sublease of Ground Lease, Option to Take Assignment of Ground Lease, and Option to Purchase dated 11,2Lp , 2018 (the "Sublease"), pursuant to which the Sublandlord leases to Subtenant, anti Subtenant leases from the Sublandlord, for the Term (as such term is defined in the Sublease) the real property described in Exhibit"A" attached hereto and incorporated herein by reference(the"Leased Premises") B. The Sublandlord and Subtenant desire to execute this Memorandum to provide constructive notice of Subtenant's rights under the Sublease to all third parties. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Term. The Sublandlord has agreed to lease the Leased Premises to Subtenant for the Term, which Term will end on the Expiration Date(as defined in the Sublease). 2. Sublease Terms. The sublease of the Leased Premises to Subtenant is pursuant to the Sublease, which is incorporated into this Memorandum by reference. 3. Options. Subtenant shall have the option to purchase the Leased Premises and/or take assignment of the Leased Premises from the Sublandlord (the "Options") upon and subject to the terms and conditions set forth in the Sublease. 4. Assignment. Subtenant's ability to transfer its rights under the Sublease and to sublease the Leased Premises is set forth in more detail in the Sublease. 5. Leasehold Mortgagee's Right to New Agreement. Subtenant's leasehold mortgagees are granted certain rights and protections, including notice and cure rights with respect to Subtenant's defaults and the right, under certain circumstances that result in the termination of the Sublease, to require the Sublandlord to enter into a new lease with Subtenant's 2018035976 Page 2 of 14 senior leasehold mortgagee or its assignee, nominee or designee, all as set forth in more detail in the Sublease. 6. Encumbrances. The Sublease prohibits Sublandlord from mortgaging or otherwise encumbering Sublandlord's fee title interest in the Leasehold Premises with any mortgage, deed of trust, security deed, deed to secure debt, or any other similar instrument or agreement constituting a lien upon, or similarly encumbering, Sublandlord's fee title interest in the Leasehold Premises. 7. Successors and Assigns. This Memorandum and the Sublease shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns, subject, however, to the provisions of the Sublease. 8. Governing Law. This Memorandum and the Sublease are governed by Texas law. (Signatures appear on following pages) 2 2018035976 Page 3 of 14 IN WITNESS WHEREOF, the Sublandlord and Subtenant have entered in this Memorandum as of the day and year first above written. SUBTENANT: KR ACQUISITIONS,LLC a Del ar Ii - iability corn y By: G airi- 4 6,-1 Mar :on - path, CFO, Secr ary, and Tr. surer ACKNOWLEDGMENT STATE OF\j est. QeNk COUNTY OF This instrument was acknowledged before me on the6 day of Affair:, , 2018, by Mary Bonte Spath, as CFO, Secretary, and Treasurer of KR ACQHSITIONS, LLC, a Delaware limited liability company. otary Public GLJA/8• , State of Wisconsin ............., ,c e. fi OTARy My Commission: • PUBLIC . , [Signature page to Memorandum of Sublease] 2018035976 Page 4 of 14 SUBLANDLO ' ): CC, INC. a Delaw e •is oration 1 B4' .. . , ' I i . :1 e Spath, CF. Secretary, and Tr- ,r AC I OWLEDGMENT STATE OF 5cod.s \ § § COUNTY OF 4..., ....- § it r IN- This instalment was acknowledged before me on the • day of i-e-'t k , 2018, I by Mary Bonte Spath, as CFO, Secretary, and Treasurer of ' CC, Inc., a I laware corporation. .-- ' ,otary Public State of Wisconsin My Commission: 1 ; 1 NOTARY ‘. 4, , .. PUBLIC ,,-vii:••.......0('''' [Signature page to Memorandum of Sublease] 2018035976 Page 5 of 14 Exhibit A Leased Premises OF A 351. 737 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 157 . 385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 60 . 58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 155. 589 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND MARK MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO. 2010072268 OF SAID OFFICIAL PUBLIC RECORDS; AND ALSO LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY INSTRUMENT OF RECORD IN VOLUME 1419, PAGE 416 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO DAVID BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351 . 737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: P •,T 1 - 337 .295 ACRES BEGI ING, at a 5/8-inch iron rod found in the southerly right-of- way line of the Union Pacific Railroad (100' R.O.W. ) being the northeasterly corner of said 157 . 385-acre tract, also being the northwesterly corner of said 155. 589-acre tract; THENCE, N63°37 ' 28"E, leaving the northeasterly corner of said 157 . 385 acre tract, along the southerly right-of-way line of the Union Pacific Railroad, for a portion of the northerly line hereof, a distance of 2864 . 50 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the northwesterly corner of Lot 1, Block A of Final Plat of Brushy Creek Regional Wastewater Treatment Plant, a subdivision of record in Document No. 2007067173 of said Official Public Records, being the northeasterly corner of said 155 . 589 acre tract and hereof; THENCE, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said Lot 1 and said 155. 589-acre tract, for the easterly line hereof, the following six (6) courses and distances: 1) S26°12 ' 00"E, a distance of 49 . 99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; Exhibit A to Memorandum of Sublease 2018035976 Page 6 of 14 2) N63°41 ' 06"E, a distance of 81. 63 feet to a 1/2-inch iron rod with illegible cap found; 3) S03°33' 52"E, a distance of 1695. 07 feet to a 1/2-inch iron rod with "LCRA" cap found; 4) N58°53' 53"E, a distance of 362 . 51 feet to a 1/2-inch iron rod with "LCRA" cap found; 5) N58°35 ' 13"E, a distance of 245. 00 feet to a 1/2-inch iron rod with "LCRA" cap found; 6) S02°28 ' 32"E, passing at a distance of 387 . 44 feet, a 1/2-inch iron rod with "SURVCON INC" cap found, and continuing for a total distance of 463 . 04 feet to a point in the center of Brushy Creek, being in the northerly line of Lot 59, Block F of Final Plat of Freeman Park Subdivision Phase I, of record in Document No. 2015010846 of said Official Public Records, also being the most southerly southwesterly corner of said Lot 1, for the southeasterly corner hereof; THENCE, leaving the most southerly southwesterly corner of said Lot 1, along or near the center of Brushy Creek, with the northerly line of said Lot 59; the northerly line of Lot 26, Block B of Lake Forest III, Village III Revised, a subdivision of record in Document No. 2004095851 of said Official Public Records; the northerly line of Lot 43, Block E of Final Plat of Sonoma Section 9, a subdivision of record in Document No. 2004021881 of said Official Public Records; and the northerly line of Lot 46, Block F of Final Plat of Sonoma Section 11, a subdivision of record in Document No. 2005000171 of said Official Public Records for a portion of the southerly line hereof, the following twenty-three (23) courses and distances: 1) S71°58 ' 01"W, a distance of 59. 92 feet to an angle point; 2) S66°40 ' 11"W, a distance of 90 . 58 feet to an angle point; 3) S49°32 ' 25"W, a distance of 78 . 88 feet to an angle point; 4) S40°47 ' 39"W, a distance of 82 . 04 feet to an angle point; 5) S23°37 ' 20"W, a distance of 81. 79 feet to an angle point; 6) S28°52 ' 04"W, a distance of 110 . 18 feet to an angle point; 7) S36°12 ' 52"W, a distance of 282. 02 feet to an angle point; 8) S38°03 ' 24"W, a distance of 84 . 64 feet to an angle point; 9) S47°37 ' 12"W, a distance of 329. 19 feet to an angle point; 10) S15°41 ' 16"E, a distance of 184 . 53 feet to an angle point; Exhibit A to Memorandum of Sublease 2018035976 Page 7 of 14 11) S07°27 ' 39"E, a distance of 150. 82 feet to an angle point; 12) S03°49' 27"W, a distance of 142. 77 feet to an angle point; 13) S21°18 ' 06"W, a distance of 94 . 11 feet to an angle point; 14) S44°12 ' 01"W, a distance of 165. 58 feet to an angle point; 15) S69°51 ' 49"W, a distance of 215. 14 feet to an angle point; 16) S45°25 ' 49"W, a distance of 111.25 feet to an angle point; 17) S26°29 ' 36"W, a distance of 94 . 25 feet to an angle point; 18) S31°48 ' 00"W, a distance of 125. 62 feet to an angle point; 19) S51°5820"W, a distance of 230. 16 feet to an angle point; 20) S61°55 ' 26"W, a distance of 477 . 59 feet to an angle point; 21) S54°23 ' 53"W, a distance of 144 . 42 feet to an angle point; 22) S40°28 ' 56"W, a distance of 383. 47 feet to an angle point; 23) S42°15 ' 33"W, a distance of 108 . 54 feet to the southeasterly corner of said 60 . 58-acre tract, for an angle point hereof; THENCE, leaving the westerly line of said 155. 589-acre tract, along or near the center of Brushy Creek, with the northerly line of Lot 46 of said Sonoma Section 11 and the northerly line of Lot 46, Block F of Final Plat of Sonoma Section 12, a subdivision of record in Document No. 2005000358 of said Official Public Records for a portion of the southerly line hereof, the following five (5) courses and distances : 1) S42°15 ' 33"W, a distance of 148 . 42 feet to an angle point; 2) S80°51 ' 11"W, a distance of 301. 01 feet to an angle point; 3) S83°08 ' 53"W, a distance of 200 . 01 feet to an angle point; 4) S67°32 ' 04"W, a distance of 132 . 76 feet to an angle point; 5) S62°26' 47"W, a distance of 141 . 77 feet to the southeasterly corner of said 157 . 385-acre tract, being the southwesterly corner of said 60. 58-acre tract, for an angle point hereof; THENCE, leaving the southwesterly corner of said 60 . 58-acre tract, along the approximate center of Brushy Creek, with the northerly line of said Lot 46 and in part along the northerly line of that certain 1. 764-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2013056475 of said Official Public Records, for the southerly line hereof, the following four (4) courses and distances: Exhibit A to Memorandum of Sublease 2018035976 Page 8 of 14 1) S70°1009"W, a distance of 138 . 30 feet to an angle point; 2) S58°52 ' 42"W, a distance of 700. 00 feet to an angle point; 3) S67°52142"W, a distance of 240. 00 feet to an angle point; 4) S53°0442"W, a distance of 132 . 01 feet to a point in the easterly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) for the southwesterly corner hereof; THENCE, leaving the approximate center of Brushy Creek and the northerly line of said 1. 764-acre tract, along the easterly right- of-way line of Kenney Fort Boulevard, for a portion of the westerly line hereof, the following nine (9) courses and distances : 1) NO3°27 ' 14"W, passing at a distance of 100. 00 feet, a 1/2-inch iron rod with "BURY" cap set for reference, and continuing for a total distance of 492. 81 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) N85°58 ' 17"E, a distance of 58 . 16 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 3) NO3°26' 15"W, a distance of 243. 69 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 4) N19°10 ' 44"W, a distance of 376. 64 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 5) N26°22 ' 35"W, a distance of 1454 . 98 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 6) N22°47 ' 26"W, a distance of 160 . 27 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 7) N26°23 ' 34"W, a distance of 114 . 86 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 8) N23°12 ' 13"W, a distance of 254 . 74 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 9) NO2°18 ' 29"W, a distance of 323. 01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the intersection of the easterly right-of-way line of Kenney Fort Boulevard and the southerly right-of-way line of the Union Pacific Railroad, being in the northerly line of said 157 . 385-acre tract, for the northwesterly corner hereof; THENCE, N63°36 ' 45"E, leaving the easterly right-of-way line of Kenney Fort Boulevard, along the southerly right-of-way line of Exhibit A to Memorandum of Sublease 2018035976 Page 9 of 14 the Union Pacific Railroad, being the northerly line of said 157. 385-acre tract for the northerly line hereof, a distance of 2121. 63 feet to the POINT OF BEGI ING, containing an area of 338 . 795 acres (14, 627, 230 square feet) of land, more or less, SAVE • EXCEPT THERE -OM THE FOLLOWING - •CT OF • THAT CERTAIN 1. 50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399 OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1. 50 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: CO CING, a 1/2-inch iron rod with "Baker Aicklen" cap found in the southerly right-of-way line of the Union Pacific Railroad for the northwesterly corner of Lot 1, Block A of said Final Plat of Brushy Creek Regional Wastewater Treatment Plant of record, being the northeasterly corner of said 155. 589-acre tract; THENCE, S26°12 ' 00"E, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said 155. 589- acre tract and said Lot 1, a distance of 49. 99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; THENCE, S03°34 ' 49"E, leaving the westerly line of said Lot 1, over and across said 155. 589-acre tract, a distance of 291. 32 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the POINT OF BEGINNING, being the northeasterly corner of said 1. 50-acre tract and hereof; THENCE, along the exterior lines of said 1 . 50-acre tract for the exterior lines hereof, the following four (4) courses and distances: 1) S03°34 ' 49"E, a distance of 298 . 62 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southeasterly corner hereof; 2) S74°24 ' 52W, a distance of 244 . 97 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southwesterly corner hereof; 3) N06°37 ' 52"E, a distance of 340. 30 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the northwesterly corner hereof; 4) N81°44 ' 34"E, a distance of 179. 89 feet to the POINT OF BEGI ING, containing an area of 1. 500 acres (65, 357 square feet) of land, leaving a TOTAL NET OF 337.295 ACRES (14, 692, 570 square feet) of land, more or less, within these metes and bounds. PART 2 - 0 .037 ACRES Exhibit A to Memorandum of Sublease 2018035976 Page 10 of 14 BEGI ING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157 . 385-acre tract and that certain 107 . 17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; THENCE, S28°42 ' 41"E, leaving the easterly line of said 107 . 17-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the northerly line hereof, a distance of 59. 01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found for the northerly corner of that certain 0 . 158-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the northeasterly corner hereof; THENCE, leaving the westerly right-of-way line of Kenney Fort Boulevard, with the northerly line of said 0. 158-acre tract for the easterly and southerly lines hereof, the following two (2) courses and distances: 1) S17°26' 31"W, a distance of 55. 47 feet to a 1/2-inch iron rod with "SAM" cap found for the southeasterly corner hereof; 2) S63°37 ' 08"W, a distance of 8 . 52 feet to a 1/2-inch iron rod with "BURY " cap set in the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the southwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent northwesterly corner of said 0 . 158- acre tract as found bears, N76°15' 30"E, a distance of 0. 67 feet; THENCE, NO2°09' 44"W, leaving the northerly line of said 0. 158-acre tract, along the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the westerly line hereof, a distance of 108 . 54 feet to the POINT OF BEGINNING, containing an area of 0 . 037 acres (1, 602 square feet) of land, more or less, within these metes and bounds. P—T 3 - 4 . 609 ACRES CO11 NCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157 . 385-acre tract and that certain 107 . 17-acre tract of land conveyed to John Bolt Harris, Et. Al . by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; THENCE, S02°09 ' 44"E, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the common line of said 107 . 17 acre Exhibit A to Memorandum of Sublease 2018035976 Page 11 01 14 tract and said 157 . 385 acre tract, a distance of 196. 31 feet to a 1/2-inch iron rod with "BURY" cap set in the southerly line of that certain 0 . 158 acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the POINT OF BEGI ING, being the northwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent southwesterly corner of said 0 . 158 acre tract as found bears, N63°02 ' 14"E, a distance of 0. 70 feet; THENCE, leaving the easterly line of said 107 . 17-acre tract, with the southerly line of said 0 . 158-acre tract for the northerly line hereof, the following two (2) courses and distances: 1) N63°33 ' 51"E, a distance of 47 . 01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) S71°12 ' 55"E, a distance of 56. 50 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard, being the southeasterly corner of said 0. 158-acre tract, for the northeasterly corner hereof; T CE, S26°2211"E, leaving the southeasterly corner of said 0. 158-acre tract, over and across said 157. 385-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the easterly line hereof, a distance of 695. 06 feet to a 1/2-inch iron rod found for the northeasterly corner of that certain 0 . 864-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the southeasterly corner hereof; THENCE, leaving the westerly right-of-way line of Kenney Fort Boulevard, with the northerly line of said 0. 864-acre tract for the southerly line hereof, the following two (2) courses and distances: 1) S18°36' 13"W, a distance of 56. 47 feet to a 1/2-inch iron rod found; 2) S63°36' 13"W, a distance of 395. 45 feet to a 1/2-inch iron rod with "BURY " cap set in the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the southwesterly corner hereof from which, a 1/2-inch iron rod found for the apparent northwesterly corner of said 0. 864-acre tract as found bears, N58°2123"E, a distance of 1 . 69 feet; THENCE, NO2°09' 44"W, leaving the northerly line of said 0 . 864-acre tract, along the common line of said 107 . 17-acre tract and said 157 . 385-acre tract for the westerly line hereof, a distance of 849. 94 feet to the POINT OF BEGI ING, containing an area of 4 . 609 acres (200, 777 square feet) of land, more or less, within these metes and bounds. Exhibit A to Memorandum of Sublease 2018035976 Page 12 of 14 P. -T 4 - 9.796 ACRES ColiD4CING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157 . 385-acre tract and that certain 107 . 17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; THENCE, S02°09 ' 44"E, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the common line of said 107 . 17 acre tract and said 157. 385 acre tract, a distance of 1133. 82 feet to a 1/2-inch iron rod with "BURY" cap set in the southerly line of that certain 0. 864 acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the POINT OF BEGI ING, being the northwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent southwesterly corner of said 0. 864 acre tract as found bears, N62°52 ' 19"E, a distance of 1. 77 feet; CE, leaving the easterly line of said 107 . 17-acre tract, with the southerly line of said 0. 864-acre tract for the northerly line hereof, the following two (2) courses and distances : 1) N63°36' 57"E, a distance of 431. 40 feet to a 1/2-inch iron rod found; 2) S71°27 ' 38"E, a distance of 56. 40 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard, being the southeasterly corner of said 0. 864-acre tract, for the northeasterly corner hereof; THENCE, leaving the southeasterly corner of said 0 . 864-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the easterly line hereof, the following four (4) courses and distances: 1) S26°22 ' 09"E, a distance of 250 . 82 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the point of curvature of a non-tangent curve to the right; 2) Along said non-tangent curve to the right, having a radius of 1441 . 72 feet, a central angle of 12°09 ' 39", an arc length of 306. 00 feet, and a chord which bears, S21°1508"E, a distance of 305 . 42 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the end of said curve; 3) 4) S00°08 ' 16"E, a distance of 360 . 25 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; Exhibit A to Memorandum of Sublease 2018035976 Page 13 of 14 5) S16°10 ' 46"W, a distance of 165. 87 feet to a 1/2-inch iron rod with "SAM" cap found for the most northerly northeasterly corner of that certain 12 . 1-acre tract of land conveyed to the Sublandlord of Round Rock by deed of record in Document No. 2013049009 of said Official Public Records for the southeasterly corner hereof; TI CE, S88°41 ' 51"W, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the northerly line of said 12 . 1-acre tract for the southerly line hereof, a distance of 267 . 19 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the easterly line of that certain 4 . 42-acre tract of land conveyed to Thomas P. Elrod Et. Ux. By deed of record in Document No. 1813, Page 540 of said Official Public Records, being the westerly line of said 157 . 385-acre tract, also being the most northerly northwesterly corner of said 12 . 1-acre tract for the southwesterly corner hereof; THENCE, N01°23 ' 35"W, leaving the northerly line of said 12 . 1-acre tract, along the common line of said 157 . 385-acre tract and said 4 . 42-acre tract for a portion of the westerly line hereof, a distance of 498 . 34 feet to a 1/2-inch iron rod found for the northeasterly corner of said 4 . 42-acre tract; THENCE, S89°11 ' 33"W, along the irregular westerly line of said 157 . 385-acre tract and the northerly line of said 4 . 42-acre tract, passing at a distance of 319. 72 feet, a 1/2-inch iron rod found for the northwesterly corner of said 4 . 42-acre tract, and continuing for a total distance of 323 . 61 feet to a 1/2-inch iron rod found in the common line of said 157 . 385-acre tract and said 107 . 17-acre tract for the southwesterly corner hereof; THENCE, NO2°09 ' 44"W, along the common line of said 157 . 385-acre tract and said 107 . 17-acre tract for a portion of the westerly line hereof, a distance of 367 . 85 feet to the POINT OF BEGI ING, containing an area of 9. 796 acres (426, 728 square feet) of land, more or less, within these metes and bounds. B ING : . SIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96) , UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION (CORS) NETWORK. LESS . I EXCEPT, Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision, recorded 4.2.../A2) as Document Number 241152A-3 in the office of the Clerk of Williamson County, Texas, which is approximately 9. 518 acres. Exhibit A to Memorandum of Sublease 2018035976 Page 14 of 14 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018035976 Pages: 14 Fee: $69.00 04/30/2018 01 :31 PM , ,If. i�� •I .l v �� Nancy E. Rister,County Clerk Williamson County,Texas ELECTRONICALLY RECORDED 2018080391 Williamson County, Texas Total Pages: 15 SECOND AMENDMENT TO GROUND LEASE AGREEMENT This SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is made and entered into as of '1r- .l. '?.{p , 2018 (the "Effective Date"), between CITY OF ROUND ROCK, TEXAS, a In me rule city and municipal corporation (the "City"), and KR CC, INC., a Delaware corporation ("Tenant"). RECITALS A. The City and Tenant entered into that certain Ground Lease Agreement, dated as of December 20, 2016 and that certain First Amendment to Ground Lease, dated as of February 1, 2017 (together,the "Ground Lease"), pursuant to which the City leases to Tenant, and Tenant leases from the City the real property described at Exhibit A-2 therein (the "Leased Premises"); and B. Pursuant to the Ground Lease, the City and Tenant desire to amend the Ground Lease to (i) exclude certain real property consisting of approximately 9.518 acres of land and known as the "Convention Center Lot" created as a separate parcel of land as Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision as described and depicted on Exhibit A attached hereto from the Leased Premises; (ii) re-define the"Interest Rate" as defined in the Ground Lease as defined in Section 1 of the Ground Lease; and (iii) clarify that Tenant shall be responsible for all maintenance and repairs required for the wastewater line which extends from and serves the Convention Center Parcel(the"Wastewater Line"). NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. Defined Terms. Terms utilized but not defined herein shall have the meanings set forth in the Ground Lease. 2. Exclusion of Convention Center Lot. The Ground Lease is hereby amended such that the Convention Center Lot is excluded from the Leased Premises. 3. Revised Leased Premises. The Ground Lease is hereby amended such that the current Exhibit A-2 - Leased Premises of the Ground Lease, shall be deleted in its entirety and replaced with the Exhibit A-2 - Leased Premises, attached hereto as Exhibit B. 4. Definitions. The following definitions in Section 1 of the Ground Lease are amended and restated in their entirety as set forth below: "Interest Rate" means the annual LIBOR Rate quoted by U.S. Bank National Association from Reuters Screen LIBOR01 Page or any successor thereto, plus one percent (1%). All interest to be paid pursuant to this Agreement shall be compounded annually. 5. Maintenance and Repairs of Wastewater Line. Section 4.3 of the Ground Lease is amended and restated in its entirety as follows: 2018080391 Page 2 of 15 • "4.3 Maintenance and Repairs. During the Term of this Lease, Tenant shall maintain the Property and the Leased Premises at Tenant's own expense, and Tenant shall keep the Leased Premises in good condition and repair. Landlord shall not be required to maintain or repair any portion of the Leased Premises or any improvements located thereon. Tenant further acknowledges and agrees that Tenant shall be solely responsible at Tenant's own expense for maintaining and repairing the wastewater line which extends from and serves the Convention Center Parcel, even if the City in the future no longer owns the Convention Center Parcel." 6. Ratification. Except as amended hereby, the Ground Lease is hereby ratified and remains in full force and effect. 7. Governing Law. This Amendment and the Ground Lease are governed by laws of the State of Texas. (Signatures appear on following pages) 2 2018080391 Page 3 of 15 4 i fe IN WITNESS WHEREOF, the City and Tenant have entered in this Amendment as of the day and year first above written. CITY: CITY OF ROUND ROCK, TEXAS a home rule city and municipal corporation By: Will Peckham, Mayor Pro-Tern ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of Air' 2018, by Will Peckham, as Mayor Pro-Tem of the CITY OF ROUND ROCK, T XAS, a home rule city and municipal corporation. q). ®0®®N1`` i'®®®®® Notary Public xas ;13'2' sW e;°. State My Commission Expires: ' ® 9p t. [Signature page to Second Amendment to Ground Lease Agreement] 2018080391 Page 4 of 15 TENANT: KR CC, INC. a Delaware corporation By: jL Todd Nelson, President AC OWLEDGMENT STATE OF 1, c9C-Det (' COUNTY OFfr,.../V--- rk This instrument was acknowledged before me on the day of14 , 2018, by Todd Nelson, as President of KR CC, INC., a Delaware c• on. ( rc. - GU/Vo 4.0011.— ..... Notary Public f 1 NOTARY 't State of Wisconsin My Commission: PUBLIC , • .6°461 [Signature page to Second Amendment to Ground Lease Agreement] 2018080391 Page 5 of 15 Exhibit A Description and Depiction of Convention Center Lot Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision, recorded 4,21-,17 as Document Number '1$435344 in the office of the Clerk of Williamson County, Texas. Exhibit A to Second Amendment to Ground Lease 2018080391 Page 6 of 15 pgs // Ia j .% 1 LOT2 BLOCK r ! Convention Center Lot BRUSHY CREEK Exhibit A to Second Amendment to Ground Lease 2018080391 Page 7 of 15 Exhibit B Legal Description of Demised Premises OF A 351.737 ACRE TRACT OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 157.385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 60.58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 155.589 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND MARK MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO.2010072268 OF SAID OFFICIAL PUBLIC RECORDS AND ALSO LOT 1, OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY INSTRUMENT OF RECORD IN VOLUME 1419, PAGE 416 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO DAVID BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351.737 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1 -337.295 ACRES BEGINNING, AT A 5/8-INCH IRON ROD FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD (100' R.O.W.) BEING THE NORTHEASTERLY CORNER OF SAID 157.385- ACRE TRACT,ALSO BEING THE NORTHWESTERLY CORNER OF SAID 155.589-ACRE TRACT; THENCE NORTH 63°37'28" EAST, LEAVING THE NORTHEASTERLY CORNER OF SAID 157.385 ACRE TRACT, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, FOR A PORTION •OF THE NORTHERLY LINE HEREOF, A DISTANCE OF 2864.50 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN CAP FOUND AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK A OF FINAL PLAT OF BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2007067173 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE NORTHEASTERLY CORNER OF SAID 155.589 ACRE TRACT AND HEREOF; THENCE, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 155.589-ACRE TRACT, FOR THE EASTERLY LINE HEREOF,THE FOLLOWING SIX(6)COURSES AND DISTANCES: 1) SOUTH 26°12'00" EAST, A DISTANCE OF 49.99 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 2) NORTH 63°41'06" EAST, A DISTANCE OF 81.63 FEET TO A 1/2-INCH IRON ROD WITH ILLEGIBLE CAP FOUND; 3) SOUTH 03°33'52" EAST, A DISTANCE OF 1695.07 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 4)NORTH 58°53'53" EAST, A DISTANCE OF 362.51 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; Exhibit B to Second Amendment to Ground Lease 2018080391 Page 8 of 15 5) NORTH 58°35'13" EAST, A DISTANCE OF 245.00 FEET TO A 1/2-INCH IRON ROD WITH "LCRA" CAP FOUND; 6) SOUTH 02°28'32" EAST, PASSING AT A DISTANCE OF 387.44 FEET, A 1/2-INCH IRON ROD WITH "SURVCON INC" CAP FOUND, AND CONTINUING FOR A TOTAL DISTANCE OF 463.04 FEET TO A POINT IN THE CENTER OF BRUSHY CREEK, BEING IN THE NORTHERLY LINE OF LOT 59, BLOCK F OF FINAL PLAT OF FREEMAN PARK SUBDIVISION PHASE I, OF RECORD IN DOCUMENT NO. 2015010846 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING THE MOST SOUTHERLY SOUTHWESTERLY CORNER OF SAID LOT 1,FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE MOST SOUTHERLY SOUTHWESTERLY CORNER OF SAID LOT 1, ALONG OR NEAR THE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF SAID LOT 59; THE NORTHERLY LINE OF LOT 26, BLOCK B OF LAKE FOREST III, VILLAGE III REVISED, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2004095851 OF SAID OFFICIAL PUBLIC RECORDS; THE NORTHERLY LINE OF LOT 43, BLOCK E OF FINAL PLAT OF SONOMA SECTION 9, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2004021881 OF SAID OFFICIAL PUBLIC RECORDS; AND THE NORTHERLY LINE OF LOT 46, BLOCK F OF FINAL PLAT OF SONOMA SECTION 11, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2005000171 OF SAID OFFICIAL PUBLIC RECORDS FOR A PORTION OF THE SOUTHERLY LINE HEREOF, THE FOLLOWING TWENTY-THREE(23)COURSES AND DISTANCES: 1)SOUTH 71°58'01" WEST,A DISTANCE OF 59.92 FEET TO AN ANGLE POINT; 2)SOUTH 66°40'11" WEST,A DISTANCE OF 90.58 FEET TO AN ANGLE POINT; 3) SOUTH 49°32'25" WEST,A DISTANCE OF 78.88 FEET TO AN ANGLE POINT; 4)SOUTH 40°47'39" WEST,A DISTANCE OF 82.04 FEET TO AN ANGLE POINT; 5)SOUTH 23°37'20" WEST,A DISTANCE OF 81.79 FEET TO AN ANGLE POINT; 6) SOUTH 28°52'04" WEST,A DISTANCE OF 110.18 FEET TO AN ANGLE POINT; 7)SOUTH 36°12'52" WEST,A DISTANCE OF 282.02 FEET TO AN ANGLE POINT; 8)SOUTH 38°03'24" WEST,A DISTANCE OF 84.64 FEET TO AN ANGLE POINT; 9) SOUTH 47°37'12" WEST,A DISTANCE OF 329.19 FEET TO AN ANGLE POINT; 10)SOUTH 15°41'16" EAST,A DISTANCE OF 184.53 FEET TO AN ANGLE POINT; 11)SOUTH 07°27'39" EAST,A DISTANCE OF 150.82 FEET TO AN ANGLE POINT; 12) SOUTH 03°49'27" WEST,A DISTANCE OF 142.77 FEET TO AN ANGLE POINT; 13)SOUTH 21°18'06" WEST,A DISTANCE OF 94.11 FEET TO AN ANGLE POINT; 14)SOUTH 44°12'01" WEST,A DISTANCE OF 165.58 FEET TO AN ANGLE POINT; 15) SOUTH 69°51'49" WEST,A DISTANCE OF 215.14 FEET TO AN ANGLE POINT; 16)SOUTH 45°25'49" WEST,A DISTANCE OF 111.25 FEET TO AN ANGLE POINT; 17)SOUTH 26°29'36" WEST,A DISTANCE OF 94.25 FEET TO AN ANGLE POINT; 18) SOUTH 31°48'00" WEST,A DISTANCE OF 125.62 FEET TO AN ANGLE POINT; Exhibit B to Second Amendment to Ground Lease 2018080391 Page 9 of 15 19)SOUTH 51°58'20" WEST,A DISTANCE OF 230.16 FEET TO AN ANGLE POINT; 20)SOUTH 61°55'26" WEST,A DISTANCE OF 477.59 FEET TO AN ANGLE POINT; 21) SOUTH 54°23'53" WEST,A DISTANCE OF 144.42 FEET TO AN ANGLE POINT; 22)SOUTH 40°28'56" WEST, A DISTANCE OF 383.47 FEET TO AN ANGLE POINT; 23)SOUTH 42°15'33" WEST,A DISTANCE OF 108.54 FEET TO THE SOUTHEASTERLY CORNER OF SAID 60.58-ACRE TRACT, FOR AN ANGLE POINT HEREOF; THENCE, LEAVING THE WESTERLY LINE OF SAID 155.589-ACRE TRACT, ALONG OR NEAR THE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF LOT 46 OF SAID SONOMA SECTION 11 AND THE NORTHERLY LINE OF LOT 46, BLOCK F OF FINAL PLAT OF SONOMA SECTION 12, A SUBDIVISION OF RECORD IN DOCUMENT NO.2005000358 OF SAID OFFICIAL PUBLIC RECORDS FOR A PORTION OF THE SOUTHERLY LINE HEREOF, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: 1)SOUTH 42°15'33" WEST,A DISTANCE OF 148.42 FEET TO AN ANGLE POINT; 2)SOUTH 80°51'11" WEST,A DISTANCE OF 301.01 FEET TO AN ANGLE POINT; 3) SOUTH 83°08'53" WEST,A DISTANCE OF 200.01 FEET TO AN ANGLE POINT; 4)SOUTH 67°32'04" WEST,A DISTANCE OF 132.76 FEET TO AN ANGLE POINT; 5) SOUTH 62°26'47" WEST, A DISTANCE OF 141.77 FEET TO THE SOUTHEASTERLY CORNER OF SAID 157.385-ACRE TRACT, BEING THE SOUTHWESTERLY CORNER OF SAID 60.58-ACRE TRACT, FOR AN ANGLE POINT HEREOF; THENCE, LEAVING THE SOUTHWESTERLY CORNER OF SAID 60.58-ACRE TRACT, ALONG THE APPROXIMATE CENTER OF BRUSHY CREEK, WITH THE NORTHERLY LINE OF SAID LOT 46 AND IN PART ALONG THE NORTHERLY LINE OF THAT CERTAIN 1.764-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2013056475 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE SOUTHERLY LINE HEREOF, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) SOUTH 70°10'09" WEST,A DISTANCE OF 138.30 FEET TO AN ANGLE POINT; 2)SOUTH 58°52'42" WEST,A DISTANCE OF 700.00 FEET TO AN ANGLE POINT; 3) SOUTH 67°52'42" WEST,A DISTANCE OF 240.00 FEET TO AN ANGLE POINT; 4) SOUTH 53°04'42" WEST, A DISTANCE OF 132.01 FEET TO A POINT IN THE EASTERLY RIGHT-OF- WAY LINE OF KENNEY FORT BOULEVARD (R.O.W VARIES) FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, LEAVING THE APPROXIMATE CENTER OF BRUSHY CREEK AND THE NORTHERLY LINE OF SAID 1.764-ACRE TRACT, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, FOR A PORTION OF THE WESTERLY LINE HEREOF, THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1) NORTH 03°27'14" WEST, PASSING AT A DISTANCE OF 100.00 FEET, A 1/2-INCH IRON ROD WITH "BURY" CAP SET FOR REFERENCE,AND CONTINUING FOR A TOTAL DISTANCE OF 492.81 FEET TO A 1/2-INCH IRON ROD WITH"BAKER AICKLEN" CAP FOUND; Exhibit B to Second Amendment to Ground Lease 2018080391 Page 10 of 15 2) NORTH 85°58'17" EAST, A DISTANCE OF 58.16 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 3) NORTH 03°26'15" WEST, A DISTANCE OF 243.69 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 4) NORTH 19°10'44" WEST, A DISTANCE OF 376.64 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 5) NORTH 26°22'35" WEST, A DISTANCE OF 1454.98 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 6) NORTH 22°47'26" WEST, A DISTANCE OF 160.27 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 7) NORTH 26°23'34" WEST, A DISTANCE OF 114.86 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 8) NORTH 23°12'13" WEST, A DISTANCE OF 254.74 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN"CAP FOUND; 9) NORTH 02°18'29" WEST, A DISTANCE OF 323.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD AND THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, BEING IN THE NORTHERLY LINE OF SAID 157.385-ACRE TRACT, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, NORTH 63°36'45" EAST, LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, BEING THE NORTHERLY LINE OF SAID 157.385-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, A DISTANCE OF 2121.63 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 338.795 ACRES (14,627,230 SQUARE FEET)OF LAND, MORE OR LESS, ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND; THAT CERTAIN 1.50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399 OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1.50 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD FOR THE NORTHWESTERLY CORNER OF LOT 1, BLOCK A OF SAID FINAL PLAT OF BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT OF RECORD, BEING THE NORTHEASTERLY CORNER OF SAID 155.589-ACRE TRACT; THENCE, SOUTH 26°12'00" EAST, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, ALONG THE COMMON LINE OF SAID 155.589-ACRE TRACT AND SAID LOT 1, A DISTANCE OF 49.99 FEET TO A 1/2-INCH IRON ROD WITH"BAKER AICKLEN" CAP FOUND; THENCE, SOUTH 03°34'49" EAST, LEAVING THE WESTERLY LINE OF SAID LOT 1, OVER AND ACROSS SAID 155.589-ACRE TRACT, A DISTANCE OF 291.32 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE POINT OF BEGINNING, BEING THE NORTHEASTERLY CORNER OF SAID 1.50-ACRE TRACT AND HEREOF; THENCE, ALONG THE EXTERIOR LINES OF SAID 1.50-ACRE TRACT FOR THE EXTERIOR LINES HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: Exhibit B to Second Amendment to Ground Lease 2018080391 Page 11 of 15 1) SOUTH 03°34'49" EAST, A DISTANCE OF 298.62 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE SOUTHEASTERLY CORNER HEREOF; 2) SOUTH 74°24'52" WEST, A DISTANCE OF 244.97 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER"CAP FOUND FOR THE SOUTHWESTERLY CORNER HEREOF; 3) NORTH 06°37'52" EAST, A DISTANCE OF 340.30 FEET TO A 1/2-INCH IRON ROD WITH "STAN COALTER" CAP FOUND FOR THE NORTHWESTERLY CORNER HEREOF; 4)NORTH 81°44'34" EAST, A DISTANCE OF 179.89 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1.500 ACRES (65,357 SQUARE FEET)OF LAND,LEAVING A TOTAL NET AREA OF 337.295 ACRES(14,692,570 SQUARE FEET)OF LAND,MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 2-0.037 ACRES BEGINNING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 28°42'41" EAST, LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE NORTHERLY LINE HEREOF, A DISTANCE OF 59.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND FOR THE NORTHERLY CORNER OF THAT CERTAIN 0.158-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, WITH THE NORTHERLY LINE OF SAID 0.158-ACRE TRACT FOR THE EASTERLY AND SOUTHERLY LINES HEREOF,THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1) SOUTH 17°26'31" WEST, A DISTANCE OF 55.47 FEET TO A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE SOUTHEASTERLY CORNER HEREOF; 2) SOUTH 63°37'08" WEST, A DISTANCE OF 8.52 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT NORTHWESTERLY CORNER OF SAID 0.158-ACRE TRACT AS FOUND BEARS, NORTH 76°15'30"EAST,A DISTANCE OF 0.67 FEET; THENCE, NORTH 02°09'44" WEST, LEAVING THE NORTHERLY LINE OF SAID 0.158-ACRE TRACT, ALONG THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE WESTERLY LINE HEREOF,A DISTANCE OF 108.54 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.037 ACRES (1,602 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 3—4.609 ACRES COMMENCING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN Exhibit B to Second Amendment to Ground Lease 2018080391 Page 12 of 15 DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 02°09'44" EAST, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD; ALONG THE COMMON LINE OF SAID 107.17 ACRE TRACT AND SAID 157.385 ACRE TRACT, A DISTANCE OF 196.31 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE SOUTHERLY LINE OF THAT CERTAIN 0.158 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE POINT OF BEGINNING, BEING THE NORTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT SOUTHWESTERLY CORNER OF SAID 0.158 ACRE TRACT AS FOUND BEARS,NORTH 63°02'14" EAST,A DISTANCE OF 0.70 FEET; THENCE,LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID 0.158-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1) NORTH 63°33'51" EAST, A DISTANCE OF 47.01 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 2) SOUTH 71°12'55" EAST, A DISTANCE OF 56.50 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, BEING THE SOUTHEASTERLY CORNER OF SAID 0.158-ACRE TRACT, FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, SOUTH 26°22'11" EAST, LEAVING THE SOUTHEASTERLY CORNER OF SAID 0.158-ACRE TRACT, OVER AND ACROSS SAID 157.385-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE EASTERLY-LINE HEREOF, A DISTANCE OF 695.06 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEASTERLY CORNER OF THAT CERTAIN 0.864-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, WITH THE NORTHERLY LINE OF SAID 0.864-ACRE TRACT FOR THE SOUTHERLY LINE HEREOF, THE FOLLOWING TWO(2)COURSES AND DISTANCES: 1)SOUTH 18°36'13" WEST,A DISTANCE OF 56.47 FEET TO A 1/2-INCH IRON ROD FOUND; 2) SOUTH 63°36'13" WEST, A DISTANCE OF 395.45 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD FOUND FOR THE APPARENT NORTHWESTERLY CORNER OF SAID 0.864-ACRE TRACT AS FOUND BEARS, NORTH 58°21'23"EAST,A DISTANCE OF 1.69 FEET; THENCE, NORTH 02°09'44" WEST, LEAVING THE NORTHERLY LINE OF SAID 0.864-ACRE TRACT, ALONG THE COMMON LINE OF SAID 107.17-ACRE TRACT AND SAID 157.385-ACRE TRACT FOR THE WESTERLY LINE HEREOF,A DISTANCE OF 849.94 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 4.609 ACRES (200,777 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. PART 4-9.796 ACRES COMMENCING, AT A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD (R.O.W. VARIES), BEING IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND THAT CERTAIN 107.17-ACRE TRACT OF LAND CONVEYED Exhibit B to Second Amendment to Ground Lease 2018080391 Page 13 of 15 TO JOHN BOLT HARRIS, ET. AL. BY DEED OF RECORD IN VOLUME 2372, PAGE 112 OF SAID OFFICIAL PUBLIC RECORDS AND TO THE HICKOX FAMILY LIVING TRUST BY DEED OF RECORD IN DOCUMENT NO. 2006053683 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE NORTHWESTERLY CORNER HEREOF; THENCE, SOUTH 02°09'44" EAST; LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE COMMON LINE OF SAID 107.17 ACRE TRACT AND SAID 157.385 ACRE TRACT, A DISTANCE OF 1133.82 FEET TO A 1/2-INCH IRON ROD WITH "BURY" CAP SET IN THE SOUTHERLY LINE OF THAT CERTAIN 0.864 ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2011041098 OF SAID OFFICIAL PUBLIC RECORDS FOR THE POINT OF BEGINNING, BEING THE NORTHWESTERLY CORNER HEREOF FROM WHICH, A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE APPARENT SOUTHWESTERLY CORNER OF SAID 0.864 ACRE TRACT AS FOUND BEARS,NORTH 62°52'19" EAST,A DISTANCE OF 1.77 FEET; THENCE,LEAVING THE EASTERLY LINE OF SAID 107.17-ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID 0.864-ACRE TRACT FOR THE NORTHERLY LINE HEREOF, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1)NORTH 63°36'57"EAST,A DISTANCE OF 431.40 FEET TO A 1/2-INCH IRON ROD FOUND; 2) SOUTH 71°27'38" EAST, A DISTANCE OF 56.40 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, BEING THE SOUTHEASTERLY CORNER OF SAID 0.864-ACRE TRACT, FOR THE NORTHEASTERLY CORNER HEREOF; THENCE, LEAVING THE SOUTHEASTERLY CORNER OF SAID 0.864-ACRE TRACT, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD FOR THE EASTERLY LINE HEREOF,THE FOLLOWING FOUR(4)COURSES AND DISTANCES: 1) SOUTH 26°22'09" EAST, A DISTANCE OF 250.82 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE POINT OF CURVATURE OF A NON-TANGENT CURVE TO THE RIGHT; 2) ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1441.72 FEET, A CENTRAL ANGLE OF 12°09'39", AN ARC LENGTH OF 306.00 FEET, AND A CHORD WHICH BEARS, SOUTH 21°15'08" EAST, A DISTANCE OF 305.42 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND AT THE END OF SAID CURVE; 3) SOUTH 00°08'16" EAST, A DISTANCE OF 360.25 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND; 4) SOUTH 16°10'46" WEST, A DISTANCE OF 165.87 FEET TO A 1/2-INCH IRON ROD WITH "SAM" CAP FOUND FOR THE MOST NORTHERLY NORTHEASTERLY CORNER OF THAT CERTAIN 12.1-ACRE TRACT OF LAND CONVEYED TO THE CITY OF ROUND ROCK BY DEED OF RECORD IN DOCUMENT NO. 2013049009 OF SAID OFFICIAL PUBLIC RECORDS FOR THE SOUTHEASTERLY CORNER HEREOF; THENCE, SOUTH 88°41'51" WEST,LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF KENNEY FORT BOULEVARD, ALONG THE NORTHERLY LINE OF SAID 12.1-ACRE TRACT FOR THE SOUTHERLY LINE HEREOF, A DISTANCE OF 267.19 FEET TO A 1/2-INCH IRON ROD WITH "BAKER AICKLEN" CAP FOUND IN THE EASTERLY LINE OF THAT CERTAIN 4.42-ACRE TRACT OF LAND CONVEYED TO THOMAS P. ELROD ET. UX. BY DEED OF RECORD IN DOCUMENT NO. 1813, PAGE 540 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE WESTERLY LINE OF SAID 157.385-ACRE TRACT, ALSO BEING THE MOST NORTHERLY NORTHWESTERLY CORNER OF SAID 12.1-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF; Exhibit B to Second Amendment to Ground Lease 2018080391 Page 14 of 15 THENCE, NORTH 01°23'35" WEST, LEAVING THE NORTHERLY LINE OF SAID 12.1-ACRE TRACT, ALONG THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 4.42-ACRE TRACT FOR A PORTION OF THE WESTERLY LINE HEREOF, A DISTANCE OF 498.34 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEASTERLY CORNER OF SAID 4.42-ACRE TRACT; THENCE, SOUTH 89°11'33" WEST, ALONG THE IRREGULAR WESTERLY LINE OF SAID 157.385-ACRE TRACT AND THE NORTHERLY LINE OF SAID 4.42-ACRE TRACT, PASSING AT A DISTANCE OF 319.72 FEET, A 1/2-INCH IRON ROD FOUND FOR THE NORTHWESTERLY CORNER OF SAID 4.42-ACRE TRACT, AND CONTINUING FOR A TOTAL DISTANCE OF 323.61 FEET TO A 1/2-INCH IRON ROD FOUND IN THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 107.17-ACRE TRACT FOR THE SOUTHWESTERLY CORNER HEREOF; THENCE, NORTH 02°09'44" WEST, ALONG THE COMMON LINE OF SAID 157.385-ACRE TRACT AND SAID 107.17-ACRE TRACT FOR A PORTION OF THE WESTERLY LINE HEREOF,A DISTANCE OF 367.85 FEET TO THE POINT OF BEGINNING,CONTAINING AN AREA OF 9.796 ACRES (426,728 SQUARE FEET) OF LAND, MORE OR LESS, WITHIN THESE METES AND BOUNDS. BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96), UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION(CORS)NETWORK LESS AND EXCEPT, LOT 2,BLOCK"C", FINAL PLAT OF KALAHARI RESORT AND REPLAT OF BERTIL TELANDER SUBDIVISION, RECORDED APRIL 27, 2018 AS DOCUMENT NUMBER 2018035349 IN THE OFFICE OF THE CLERK OF WILLIAMSON COUNTY,TEXAS. A PORTION OF THE ABOVE LAND ALSO INCLUDES THE FOLLOWING LOT 1, BLOCK "A" AND LOT 1, BLOCK "C",FINAL PLAT OF KALAHARI RESTOR AND REPLAT OF BERTIL TELANDER SUBDIVISION, RECORDED APRIL 27, 2018 AS DOCUMENT NUMBER 2018035349 IN THE OFFICE OF THE CLERK OF WILLIAMSON COUNTY, TEXAS. Exhibit B to Second Amendment to Ground Lease 2018080391 Page 15 of 15 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018080391 Pages: 15 Fee: $73.00 09/07/2018 04:13 PM , ,If. i�� •I .l v �� Nancy E. Rister,County Clerk Williamson County,Texas