2018-5687 - 7/26/2018 RESOLUTION NO. 2018-5687
WHEREAS, the Round Rock Transportation and Economic Development Corporation desires
to enter into an Economic Development Agreement with Ridge Development Company, LLC related
to the construction of an extension to Chisholm Trail and related improvements, Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK
TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION,
That the President is hereby authorized and directed to execute on behalf of the Round Rock
Transportation and Economic Development Corporation an Economic Development Agreement with
Ridge Development Company, LLC, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The Board of Directors hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 26th day of July, 2018.
By:
CRAI MOVanspiortation
, President
Roun Rock and Economic
Development Corporation
ATQS
J LOAN, Secretary
0112.1804;00405531
EXHIBIT
«A„
ECONOMIC DEVELOPMENT AGREEMENT
This Economic Development Agreement (the "Agreement") is entered into this day of
, 2018 (the "Effective Date") by and between the Round Rock
Transportation and Economic Development Corporation, a Type B Corporation created
pursuant to Chapter 505 of the Texas Local Government Code ("TEDCO"), and Ridge
Development Company, L.L.C., a Delaware limited liability company ("RDC"). The foregoing
are referred to collectively as the "Parties."
WHEREAS, the TEDCO is a Type B Economic Development Corporation created pursuant to
Chapters 501 and 505 of the Texas Local Government Code (the "Code"); and
WHEREAS,the primary purpose of TEDCO it to participate in projects which promote or develop
new or expanded business enterprises that create or retain primary and other jobs, which projects
can include the construction of improvements to public infrastructure such as streets and roads,
water and sewer utilities, drainage and related improvements; and
WHEREAS, RDC proposes to purchase land, and construct one or more buildings containing at
least 400,000 square feet in the aggregate, and install equipment, facilities, and improvements (the
"Project"), as defined below, which project the TEDCO Board of Directors has determined will
promote or develop new or expanded business enterprises that create or retain jobs; and
WHEREAS, in order to develop the Project, it is necessary to construct an extension of the public
right-of way commonly known as Chisholm Trail and related improvements, (the "Chisholm Trail
Project") as defined below; and
WHEREAS, the Parties intend that once the Property (as defined below) is acquired by RDC and
has been subdivided, platted (including the dedication of the Chisholm Trail Project), and the
Chisholm Trail Project completed, the City will accept the Chisholm Trail Project and be
responsible therefor, all in accordance with applicable law; and
WHEREAS, TEDCO is willing to fund a portion of the cost of the Chisholm Trail Project as
provided in this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits and promises and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
City and RDC agree as follows:
1. Authority. TEDCO'S execution of this Agreement is authorized by Chapters 501 and 505
off the Texas Local Government Code and constitutes a valid and binding obligation of
TEDCO in the event RDC proceeds with construction of the Project. TEDCO
acknowledges that RDC is acting in reliance upon TEDCO's performance of its obligations
under this Agreement in making its decision to commit substantial resources and money to
construct the Project.
RDC's execution of this Agreement is authorized as applicable by its members and/or
manager and constitutes a valid and binding obligation of RDC. RDC acknowledges that
00404572.DOCX
TEDCO is acting in reliance upon RDC's using commercially reasonable efforts to lease
the Project which the parties expect will promote or develop new or expanded business
enterprises that create or retain jobs.
2. Definitions.
2.1 "Chisholm Trail Project" means the construction of the extension of Chisholm
Trail and related improvements shown on Exhibit B.
2.2 "City" means the City of Round Rock, Texas.
2.3 "Effective Date" is the date set forth above as the date this Agreement is executed
to be effective by the Parties.
2.4 "Project" means the buildings, equipment, facilities, and improvements to be
constructed by RDC on the Property located in the city limits of City and generally
depicted on Exhibit B.
2.5 "Property"means the tract of land legally described in Exhibit A.
3. Representations,Rights,and Obligations of RDC.
3.1 Project. RDC understands that TEDCO expects that the Project when it is
constructed and leased will promote or develop new or expanded business
enterprises that will create or retain primary and other jobs. RDC agrees to
complete the construction of at least 400,000 square feet in the aggregate of
distribution/light industrial space on or before the 31 st day of January,2021, subject
to any force majeure events. RDC agrees to provide TEDCO with commercially
reasonable documentation evidencing that the obligation in the immediately prior
sentence has been satisfied,and TEDCO shall have the right to audit RDC's records
to verify same.
3.2 Compliance with regulations. RDC agrees that it will comply with the City's
development approval processes and shall operate the Project consistent with City
ordinances, development regulations, and requirements.
3.3 Continuous operation. RDC agrees to use commercially reasonable efforts to cause
the Project to remain leased for a period of ten years under one or more leases
relating thereto entered into at any time during such ten-year period.
4. Constructing and Funding the Chisholm Trail Project
4.1 The Parties acknowledge that the Chisholm Trail Project is public infrastructure
that is required or suitable for the development of the Project.
4.2 RDC shall cause the Chisholm Trail Project to be constructed in accordance with
applicable law, including building codes, ordinances, and regulations applicable to
2
the work, and in accordance with the plat and plans that are approved by the City.
RDC will obtain all necessary permits and approvals from the City.
4.3 During construction of the Chisholm Trail Project, the City shall have the right to
review all documents, maps, plats and records, reports and drawings affecting the
construction of the Chisholm Trail Project, and to inspect the work in progress all
in accordance with applicable law.
4.4 As set forth below, TEDCO agrees to make monthly progress payments to RDC for
the actual cost of the Chisholm Trail Project, up to but not exceeding the total
amount of$705,000.00.
4.5 Not more often than once per month, RDC shall submit to the City's Director of
Transportation (the "Director") for review an Application for Payment in a form
reasonably acceptable to the Director (an "Application"), filled out and signed by
RDC covering the work completed as of the date of the Application and
accompanied by supporting documentation reasonably acceptable to the Director.
4.6 The Application shall not include materials or equipment not incorporated in the
work but delivered and suitably stored at the site or at another location.
4.7 Applications shall include the following documentation:
a. updated progress schedule,
b. monthly subcontractor report, and
C. any other documentation reasonably required by the Director.
4.8 The Director will, within ten (10) business days after receipt of each Application,
either indicate a recommendation for payment and forward the Application for
processing by TEDCO or return the Application to RDC indicating the Director's
reasons for refusing to recommend payment. In the latter case,RDC.may make the
necessary corrections and resubmit the Application.
4.9 TEDCO shall make the payment to RDC no later than 30 days following its receipt
of the Director's recommendation for payment.
5. Miscellaneous.
5.1 Mutual Assistance. The Parties will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement.
5.2 Default. If either TEDCO or RDC should default in the performance of any
obligations of this Agreement, the other party shall provide such defaulting party
written notice of the default, and a minimum period of thirty(30)days to cure such
default, prior- to instituting an action for breach or pursuing any other remedy for
3
default. If TEDCO remains in default after notice and opportunity to cure, RDC
shall have the right to pursue any remedy at law or in equity for TEDCO's breach.
If RDC remains in default after notice and opportunity to cure, TEDCO shall have
the right to pursue any remedy at law or in equity for RDC's breach.
5.3 Attorney's Fees. In the event any legal action or proceeding is commenced in a
court of competent jurisdiction between TEDCO and RDC to enforce provisions of
this Agreement and recover damages for breach, the prevailing party in such legal
action shall be entitled to recover its reasonable attorney's fees and expenses
incurred by reason of such action, to the extent allowed by law.
5.4 Entire Agreement. This Agreement contains the entire agreement between the
Parties with respect to the subject matter hereof. This Agreement may only be
amended, altered or revoked by written instrument signed by the Parties.
5.5 Binding Effect. This Agreement shall be binding on and inure to the benefit of the
Parties, their respective successors and assigns.
5.6 Assignment. RDC may not assign this Agreement without the express written
consent of TEDCO,which consent shall not be unreasonably withheld, conditioned
or delayed, provided, however, that RDC may assign this Agreement without the
consent of TEDCO to an entity which controls, is controlled by or is under common
control with RDC, any successor entity to RDC by way of merger, consolidation or
other non-bankruptcy corporate reorganization, or an entity which acquires all or
substantially all of RDC's assets, partnership or membership interests, or capital
stock. Notwithstanding the foregoing, the Parties hereby acknowledge and agree
that RDC intends to acquire and develop the Project and the Chisholm Trail Project
with a financial partner and accordingly, RDC may assign this Agreement without
the consent of TEDCO to any partnership, limited liability company, limited
partnership, corporation or other entity formed to facilitate the acquisition and
development of the Project and the Chisholm Trail Project, including without
limitation to Principal Ridge Round Rock Venture I, LLC.
5.7 Amendment. This Agreement may be amended by the mutual written agreement
of the Parties.
5.8 Termination. In the event RDC elects not to construct the Project as contemplated
by this Agreement, RDC shall notify TEDCO in writing, and this Agreement and
the obligations on the part of all Parties shall be deemed terminated and of no
further force or effect.
5.9 Notice. Any notice and or statement required and permitted to be delivered shall
be deemed delivered by actual delivery, facsimile with receipt of confirmation, or
by depositing the same in the United States mail, certified with return receipt
requested, postage prepaid, addressed to the appropriate party at the following
addresses:
4
If to TEDCO: Round Rock Transportations and Economic Development Corp.
221 E. Main Street
Round Rock, TX 78664
Attn: City Manager
Phone: (512) 218-5400
Email: lhadley@roundrocktexas.gov
With a required copy to:
Sheets & Crossfield
309 E. Main Street
Round Rock, TX 78664
Attn: Stephan L. Sheets
Phone: (512) 255-8877
Email: steve@scrrlaw.com
If to RDC: Ridge Development Company, L.L.C.
1900 West Loop South
Houston, Texas 77027
Attn: Ben Newell
Email: Ben.Newell@ridgedevelopment.net
With a required copy to:
Drane & Freyer Limited
200 West Madison Street, Suite 2800
Chicago, IL 60606
Attn: Wendy Freyer
Email: wfreyer@dfllaw.com
Any party may designate a different address at any time upon written notice to the other Parties.
5.10 Interpretation. Each of the Parties has been represented by counsel of their
choosing in the negotiation and preparation of this Agreement.Regardless of which
party prepared the initial draft of this Agreement,this Agreement shall, in the event
of any dispute, however its meaning or application, be interpreted fairly and
reasonably and neither more strongly for or against any party.
5.11 Applicable Law. This Agreement is made, and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County,
Texas.
5.12 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws, and in that event, it is the intention of
the Parties that the remainder of this Agreement shall not be affected. It is also the
intention of the Parties of this Agreement that in lieu of each clause and provision
that is found to be illegal, invalid or unenforceable, a provision be added to this
5
Agreement which is legal,valid or enforceable and is as similar in terms as possible
to the provision found to be illegal, invalid or unenforceable.
5.13 Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the
various and several paragraphs.
5.14 No Third-Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges or causes of action upon any third party.
5.15 Force Majeure. Except as otherwise provided herein, an equitable adjustment shall
be made for delay or failure in perfonning if such delay or failure is caused,
prevented, or restricted by conditions beyond that Party's reasonable control (a
'force majeure event"). A force majeure event for the purposes of this Agreement
shall include, but not be limited to, acts of God, fire; explosion, vandalism; storm
or similar occurrences; orders or acts of military or civil authority; litigation;
changes in law, rules, or regulations outside the control of the affected Party;
national emergencies or insurrections; riots; acts of terrorism; or supplier failures,
shortages or breach or delay. Except as otherwise expressly provided, herein,there
shall be an equitable adjustment allowed for performance under this Agreement as
the result of any event of force majeure.
5.16 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create any partnership or joint
venture among the Parties. TEDCO and the City, their past, present and future
officers, elected officials, employees and agents of TEDCO or the City, do not
assume any responsibilities or liabilities to any third party in connection with the
development of the Project or the design, construction or operation of any portion
of the Project.
5.17 Estoppel Certificate.RDC may request an estoppel certificate from TEDCO so long
as the certificate is requested in connection with a bona fide business purpose and
requests commercially reasonable certifications. TEDCO agrees to promptly
execute and deliver any estoppel certificate reasonably requested pursuant to this
Section 5.17. The certificate, which will upon request be addressed to RDC, or a
lessee, purchaser or assignee of RDC, shall include, but not necessarily be limited
to, statements (qualified to the best knowledge of the City) that this Agreement is
in full force and effect without default (or if a default exists, the nature of such
default and any curative action which should be undertaken to cure same), the
remaining term of this Agreement, and such other matters reasonably requested by
the party(ies)to receive the certificate.
6
EXECUTED as of the date first set forth above.
ROUND ROCK TRANSPORTATION
AND ECONOMIC DEVELOPMENT
CORPORATION
By:
Craig Morgan, President
Date: , 2018
APPROVED as to form:
Stephan L. Sheets, TEDCO Attorney
7
Ridge Development Company, L.L.C.
a Delaware limited liability company
By:
Name:
Title:
8
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B
GENERAL DEPICTION OF THE PROJECT
AND
THE CHISHOLM TRAIL PROJECT
See Attached
ja TRANSWESTERN
OLvLLOPMLNt COMP.-
200 W.Madison Street,Suite 1200 Chicago,IL 60606 INVOICE NO.: 4
Telephone:312-257-2872 Facsimile:312-257-2871 INVOICE DATE: 4/7/2020
PROJECT: Ridge Round Rock Ventures I,LLC Round Rock Transportations and Economic Development Corp.
221 E.Main Street
Round Rock,TX 78664
TO: Round Rock Transportations and Economic Development Corp. Atm: City Manager
Phone:(512)218-5400
221 City Manager Email:lhadle undrocktexas, ov
221 E.Main Street yC� B
Round Rock,TX 78664
TELEPHONE: 512-218-5400 With a required copy to:
FACSIMILE:
Sheets&Crossfield
309 E.Main Street
Round Rock,TX 78664
Description: Attn: Stephan L.Sheets
Chisholm Trail Road Plans-Reimbursement Phone:(512)255-9977
Email:stcvc@scrdiiw.com
Summary:
Invoice 245937 $ 2,911.15
Pay App 1 $ 13,888.87
Pay App 2 $ 164,665.80
Amount Due $ 181,465.82
Invoice
P.O. No. Date Invoice#
3/18/2020 248645
Civil&Environmental Consultants, Inc.
Phone:412-429-2324 1 Fax:412-429-2114
Bill To Please remit payment to:
Ben Newell Civil&Environmental Consultants Inc.
Ridge Development Company, LLC P.O. Box 644246
901 Mopac Expressway South Pittsburgh, PA 15264-4246
Bldg. 4 Suite 250
Austin, TX 78746
email:Ben.newell@transwestern.com Project 191-737 Chisolm Trail Road Plans
cc: Dave.lawrence@transwestern.com
Professional Services through February 29, 2020
Task Contract Prior Bill Prior% Curr% Total % Current Billed
0001 Project Meetings 4,000.00 7,935.00 198.38% 0.69% 199.06% 27.50
Project Consultant-.25 hours
0002 Construction Phase Services 3,000.00 25,065.00 100.00% 96.04% 931.54% 2,881.25
Project Manager III - 11 hours
Staff Consultant-3 hours
Senior Designer-4.75 hours
Project Consultant- 1 hour
0003 Subdivision Construction Plans Submittal 17,100.00 17,100.00 100.00% 0.00% 100.00% 0.00
0004 Subdivision Construction Plans Approval 65,000.00 65,000.00 100.00% 0.00% 100.00% 0.00
0005 TCEQ Exception Request Submittal 4,000.00 4,000.00 100.00% 0.00% 100.00% 0.00
0006 TCEQ Exception Request Approval 3,500.00 3,500.00 100.00% 0.00% 100.00% 0.00
0007 Franchise Utility Coordination 5,500.00 5,587.50 101.59% 0.00% 101.59% 0.00
REIM Reimbursables
In-house Printing& Reproduction 2.40
Total $2,911.15
Payments/Credits $0.00
Balance Due this Invoice: $2,911.15
Payment Terms:Net 30 Days, 1.5%Interest Per Month on Past Due Balances
Tax ID:25-1599565
Civil&Site Development - Ecological Services - Environmental Services - Waste Management - Water Resources
APPLICATION AND CERTIFICATE FOR PAYMENT DOCUMENT SUMMARY SHEET Page 1 of 2
TOOWNERICLIENT: PROJECT`- APPLICATION NO: 1
Ridge Round Rock Venture I,LLC Chisholm Trall Road Extension INVOICE NO. 1
19W West LOOP Saulh,Suite 1300 3150 Chisholm Trall! PERIOD: 02/01/20-02/29/20
Houston,Texas 77027 Round Rads,Texas 78681
PROJECT NO: 50004
FROM CONTRACTOR. VIA ARCHITECTIENGINEER: CONTRACT DATE: 7/312019
Burton Construction Civil&Environmental Consultants,Inc.
10550 YVeaipark Dr.
Houston,Texas 77042
CONTRACT FOR:ChWwkn Trall Road Extension Prime Contract
CONTRACTOR'S APPLICATION FOR PAYMENT
The undersigned certifies that to the!rest of the Contractors knowledge,irrfortnatlon and belief,the
Application Is made for payment,as shown below,in connection with the Contract.Continuation Work covered by this Application for Payment has been completed in accordance with the
Contract
Sheet is attached. Documents,that all amounts have been paid by the Contractor for Work which previous Certificates
for payment were Issued and payments received from the Owner/Client,and that current payments
1. Original Conbact Sum $670,000,00 shown herein Is now due.
2. Net change by change orders $0,00 CONTRACTOR:Burton Construction
3. Contract Sum to date(Line 1 t 2) $670,000.00
4. Total completed and stored to date
(Column G on detail sheet) $16,432.07 By. Date, \
5. Retainage: h
a.10.00%of complelad work :1.543.20 State oi: -
b.0.00%of stored material $0.00 County of
► `"� / c
Total retainage � Jr
Subscribed and swom to bnk a
line So+5b or total In column I of detail sheet) $1,543.20 ,u- day of Fe k?i r y!�" STEPHANIE GIERISCH
me this T/ Nclary ID12E103817
6. Total earned less retainage �7 /► ,
Lkre 4 less Line 5 Total No Publiv. / -T 7 My Commission Expires
( ) $13,688.87 `V7tL�eL� (� �l.J/�� :pvFmber t�.202i
7. Less previous certificates for payment My commission �pIL_
(Lire 6 from prior certificate) $0,00 C)✓1!
8. Current payment due: $13,888.87
9. Balance to finish,including retainage ARCHrrECrS ENGINEER%CERTIFICATE FOR PAYMENT
(Line 3 less Una 6) $656,111.13
In accordance with the Contract Documents, based on the onsite observations and the data
comprising this application,the Architect/Engineer oedifies to the OwnedClent that to the best of the
CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ArotdtectWEngneers knowledge, information and belief that Work is In accordance with the
Total Cttertpae approved in previous months by Owrrerl(wwrC 10.00 $D-W
Contract Documents,and the Contractor Is entitled to payment of the AMOUNT CERTIFIED.T01101 g4mood this month 50.00 $0.00 AMOUNT CERTIFIED:
$13.888 8_7
Tdak (Attach explanation if amount certrfled attlem from the amount applied for. /rrftief all flyums on this
Application and on Me Continuation Sheet that are changed to confirm lire amount car�sd.)
Nat ottslps orderM $0'00 ARCHITECT/ NGIN
By. ,
Data: � d<Jo(
This oertifab is not negl ble. The amount certified Is payable only to the nonlsd
herein. Issuance, payment and acceptance of payment are withotA prejudice to tin rWft of the
OwnerfOlert or Contractor under this Contract.
CONTBIUAMOIN SHEET DOCLWENT DETAIL SHEET Page 2 of 2
Document SUMMARY SHEET,APPLICATION AND CERTIFICATE FOR PAYMENT,containing APPLICATION NUMBER 1
contruckies signed CwtIlIcation 1s attached. APPLICATION DATE: 2f29/2020
Use Colurm I an Contracts when:variable retainage for One items apply. PERIOD: 0110120-020120
Can&ad Unea
A B C D E F G H I
WORK COMPLETED MATERIALS TOTAL
NO. COST CODE DESCRIPTION OF WORK SCHEDULED PRESENTLY AND STORED TO % ISH RETAINAGE
VALUE FROM PREVIOUS STORED (GIC)
APPLICATION THIS PERIOD (NOT IN D OR E) DATE(p E♦ (C-8)
1-.0000-GENERAL
1 CONDITIONS General CmWkk ro $183,907.00 $0.00 $0.00 $0.00 $0.00 0.009E 5183,907.00 $0.01)
2 0-EROSION
SEDIMENTCONTROL
�n C«� *20,000.00 $0.00 $0.00 $0.00 $0.00 0.01)% $20,000.00 $0A0
SEDIM
3 4-.000-SITEWORK Tmft Control 520.000.00 $0.00 $0.00 $0.00 50.00 0.00% $20.000-00 $Om
4 1-2200-REGISTERED 52,250.00 $0.00
SURVEY Survey 5260.00 $0.00 $0.00 $0.00 $0.00 0.00%
s ;-MW-EARTHWORK ENIINIG&&AVWW $182,400.0 $0.00 $0.00 $0.00 $0.00 0.00% $182.400.00 *0.00
8 4-.8200-UTILITIES Site Utwlies $193A72.00 $0.00 $15,000.00 $0.00 $15,000.00 7.75% $178,472.00 $1,500.00
_6 0000-BUILDING $45,968.00 $0.00 $0.00 $0.00 50.00 0.0096 $45.988.00 $0.00
T CONCRETE Concrete
80-STRIPING 8
P1IAVEMVEMENO"r1ARKINGB SbPm9 $0.00 $0.00 $0.00
&Shed End Markers $13,802.00 $0.00 0.00% $13,802.0 i0.0
99,0500-SULDEWS
9 RISK NWUR BuNds Risk $2,008.00 $0.00 $18.14 $0.00 $46.14 2.3096 $1,959.91 $4.81
10 WDW I &ILrTY LA 6 General S Umbrub $3.022.00 $0.00 $69.50 $0.00 $69.50 230% $2,952.50 96
ADDTL LWBILf1Y Y
11 99-AM-CONTRACT
FEE Fee $13,758.00 $0.00 $318.43 $0.00 $318.43 2.30% $13,441.67 $31.64
12 99'.08W-PAYMENT& p rmm Band 39,597.00 5000 $0.00 $000 x.00 000% $9,69700 $0.00
PERFORMANCE BOND
TOTALS * 8,000.0 $0.00 I $15,43207 SOM $16,482.07 2.78% $834,587.03 *143.28
Grand Tatar
A B C D E F G H I
WORK COMPLETED MATERIALS TOTAL
NCO DESCRIPTION OF 1MDRK PRII
VILLU SCHEDULED FROM PREVIOUS Y AND STORED TO %COMPLETED BALANCEFIMISH TO �TAMAGE
APPLICATION TH18 PERIOD (NOT IN 0 ORE) (DD ATE p (C-9)
GRAND TOTALS: 1.0,000.0 $0.00 $16,432 07 S0 00 $15AW" 2.7096 $e64,8S M $1,81320
BU3TQN
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
Project: Chisholm Trail Road Extension Through:2/2912020
3150 Chisholm Trail
Round Rock,TX 78681
On receipt by the signer of this document of a check from Ridge Round Rock Venture 1,LLC(Owner). in
the sum of 513,888.87 payable to Burton Construction Co. and when the check has been properly
endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release
any mechanic's lien right, any right arising from a payment bond that complies with a state or federal
statute, any common law payment bond right, any claim for payment, and any rights under any similar
ordinance, rule or statute related to claim or payment rights for persons in the signer's position that the
signer has on the property of Ridge Round Rock Venture 1, LLC. (Owner) located at 3150 Chisholm
Trail,Round Rock,TX 78681 to the following extent: General Contractor
This release covers a progress payment for all labor, services, equipment, or materials furnished to the
property or to Ridge Round Rock Venture 1, LLC (Owner) as indicated in the attached statement(s) or
progress payment request(s), except for unpaid retention, pending modifications and changes, or other
items furnished.
Before any recipient of this document relies on this document, the recipient should verify evidence of
payment to the signer. The signer warrants that the signer has already paid or will use the funds received
from this progress payment to promptly pay in full all the signer's laborers, subcontractors,materialmen,
and suppliers for all work, materials, equipment, or services provided for or to the above referenced
project in regard to the attached statement(s)or progress payment request(s).
Burton Constructioq o. Y
By:
Printed Name: Ryan Neringir
Title Controller
Date: February 27,2Q20
STATE OF TEXAS
COUNTY OF HARRIS
'Ibis instrument was acknowledged before me on the 27th day of February 2020, by Ryan Dieringer, of Burton
Construction Co.for the consideration herein expressed,on behalf of same. '
/ '
STEPHANIE GIERISCH Not ublic in and for the STATE.OF TEXAS
NotaryID#128103817
My Commission Expires
`•3�.a'' November 10.2021
APPLICATION AND CERTIFICATE FOR PAYMENT DOCUMENT SUMMARY SHEET Page 1 of 2
TO OWNERICLIENT. PROJECT. APPLICATION NO: 2
Ridge Round Rock Venture I,LLC Chisholm Trail Road Extension INVOICE NO: 2
1900 West Loop South,Suite 1300 3150 Chisholm Trail PERIOD: 03/01/20-03!31/20
Houston,Texas 77027 Round Rock,Texas 78681
PROJECT NO: 50004
FROM CONTRACTOR: VIA ARCHITECT/ENGINEER: CONTRACT DATE: 7/31/2019
Burton Construction Civil 8 Environmental Consultants,Inc.
10550 Westpark Dr.
Houston,Texas 77042
CONTRACT FOR:Chisholm Trail Road Extension Prime Contract
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned certifies that to the best of the Contractor's knowledge,information and belief,the
Application is made for payment,as shown below,in connection with the Contract.Continuation Work covered by this Application for Payment has been completed in accordance with the
Contract
Sheet is attached. Documents,that all amounts have been paid by the Contractor for Work which previous Certificates
for payment were issued and payments received from the C ivner/Client, and that current payments
1. Original Contract Sum 5870,000.00 shown herein is now due.
2. Net change by change orders $0.00 CONTRACTOR:Burton Construction
3. Contract Sum to date(Line 1 t 2) $670,000.00
4. Total completed and stored to date
(Column G on detail sheet) $198,384.07 By: �l--y�y Date: a �� Q
5. Retainage:
a.10.00%of completed work $19,838.40 State otl�
b.0.00%of stored material SO.00 County of: flown S;i ;`1PaY PLs TAYLOR GLOVER
Total retainage =' '.�
Subscribed and sworn to before =?; �:Notary Public, State of Texas
(Line 5a+5b or total in column I of detail sheet) $19,838.40me },/�'� _�: ;
•' i9).•.,,.•'tP` Comm. Expires 10-30-2023
6. Total earned less retainage -- a�Pu2APof �,°;, Wotar I
(Line 4 less Line 5 Total) $178,545,67 Notary Y D 132232822
7. Less previous certificates for payment — My commissi x it : /2oZ3
(Line 6 from prior certificate) $13,888.87 l GV
8. Current payment due: $164.656.80
9. Balance to finish,including retainage ARCHITECTS/ENGINEER'S CERTIFICATE FOR PAYMENT
(Line 3less Line 6) _ $491,454_33 in accordance with the Contract Documents, based on the on-site observations and the data
comprising this application,the Architect/Engineer certifies to the Owner/Client that to the best of the
- - — Architect's/Engineer's knowledge, information and belief that Work is in accordance with the
CHANGE ORDER SUMMARY ADDI7101ifs DEDUCTIONS Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED.
----- -
Total changes approved in previous months by OwnedCNert $OAO $0.00
- --- --- AMOUNT CERTIFIED: A64 656.80
Total approved this month. $0.00 (Attach explanation if amount certified differs from the amount applied for Initial ail figures on this
TOtals. 1111m oo $0.00 Application and on the Continuation Sheet that are changed to confirm the amount certified.)
Net chat ge by charge orders: --- $O.00
ARCHITECT/ENGINEER:
By. Date: 03/27/20
This certificate is not negotiable. The amount certified is payable only to On Contraebor tamed
herein. Issuance, payment and acceptance of payment are without prejudice to the rights of the
OwneriChent or Contractor under this Contract.
CONTINUATION SHEET DOCUMENT DETAIL SHEET Page 2 of 2
Document SUMMARY SHEET,APPLICATION AND CERTIFICATE FOR PAYMENT,containing APPLICATION NUMBER: 2
Contractor's signed Certification is attached. APPLICATION DATE: 3/25/2020
Use Column I on Contracts where variable retainage for line items apply. PERIOD: 03/01/20-03/31/20
Contract Lines
A B C D E F G H 1
WORK COMPLETED MATERIALS TOTAL
ITEM SCHEDULED PRESENTLY
COMPLETED BALANCE TO
NO. COST CODE DESCRIPTION OF WORK VALUE FROM PREVIOUS STORED AND STORED TO (G/C) FINISH RETAINAGE
APPLICATION THIS PERIOD (NOT IN DOR E) DATE (C-G)
(D+E) (D+E+F)
1 _1-.0000-GENERAL General Conditions $163,907.00 $0.00 $0.00 $0.00 $0.00 0.00% $163,907.00 $0.00
CONDITIONS
2 _3-.2410-EROSION& Erosion Control $20,000.00 $0.00 $0.00 $0.00 $0.00 0.00% $20,000.00 $0.00
SEDIMENT CONTROL
3 4-.0000-SITEWORK Traffic Control $20,000.00 $0.00 $0.00 $0.00 $0.00 0.00% $20,000.00 $0.00
4 _URVEY 0-REGISTERED Survey $2,250.00 $0.00 $0.00 $0.00 $0.00 0.00% $2,250.00 $0.0
SURVE
5 3-.0000-EARTHWORK Earthwork&Ashphalt $182,400.00 $0.00 $0.00 $0.00 $0.00 0.00% $182,400.00 $0.00
6 4-.6200-UTILITIES Site Utilities $193,472.00 $15,000.00 $178,472.00 $0.00 $193,472.00 100.00% $0.00 $19,347.20
7 _5-.0000-BUILDING Concrete $45,986.00 $0.00 $0.00 $0.00 $0.00 0.00% $45,986.00 $0.00
CONCRETE
8 _4-.5100-STRIPING& Striping&Street End Markers $13,602.00 $0.00 $0.00 $0.00 $0.00 0.00% $13,602.00 $0.00
PAVEMENT MARKINGS P
9 99-.0500-BUILDER'S Builder's Risk $2,006.00 $46.14 $0.00 $0.00 $46.14 2.30% $1,959.86 $4.61
RISK INSUR
10 99-.0600-UMBRELLA& General Liability&Umbrella $3,022.00 $69.50 $807.00 $0.00 $876.50 29.00% $2,145.50 $87.65
ADDTL LIABILITY
11 FEE 000-CONTRACT Fee $13,758.00 $316.43 $3,673.00 $0.00 $3,989.43 29.00% $9,768.57 $398.94
12 99-.0800-PAYMENT& Maintenance Bond $9,597.00 $0.00 $0.00 $0.00 $0.00 0.00% $9,597.00 $0.00
PERFORMANCE BOND
TOTALS: $670,000.00 $15,432.07 $182,952.00 $0.00 $198,384.07 29.61% $471,615.93 $19,838.40
Grand Totals
A B C D E F G H I
WORK COMPLETED MATERIALS TOTAL
COMPLETED BALANCE TO
ITEM SCHEDULED PRESENTLY
NO. DESCRIPTION OF WORK VALUE FROM PREVIOUS STORED AND STORED TO (G/C) FINISH RETAINAGE
APPLICATION THIS PERIOD (NOT IN D ORE) DATE (C-G)
(D+E) (D+E+F)
GRAND TOTALS: $670,000.00 $15,432.07 $182,952.00 $0.00 $198,384.07 29.61% $471,615.93 $19,838.40
BUTTON
f T
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
Project: Chisholm Trail Road Extension Through: 3/31/2020
3150 Chisholm Trail
Round Rock,TX 78681
On receipt by the signer of this document of a check from Ridge Round Rock Venture 1, LLC(Owner). in
the sum of $164,656.80 payable to Burton Construction Co. and when the check has been properly
endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release
any mechanic's lien right, any right arising from a payment bond that complies with a state or federal
statute, any common law payment bond right, any claim for payment, and any rights under any similar
ordinance, rule or statute related to claim or payment rights for persons in the signer's position that the
signer has on the property of Ridge Round Rock Venture 1, LLC. (Owner) located at 3150 Chisholm
Trail,Round Rock,TX 78681 to the following extent: General Contractor
This release covers a progress payment for all labor, services, equipment, or materials furnished to the
property or to Ridge Round Rock Venture 1, LLC (Owner) as indicated in the attached statement(s) or
progress payment request(s), except for unpaid retention, pending modifications and changes, or other
items furnished.
Before any recipient of this document relies on this document, the recipient should verify evidence of'
payment to the signer. The signer warrants that the signer has already paid or will use the funds received
from this progress payment to promptly pay in full all the signer's laborers, subcontractors, materialmen,
and suppliers for all work, materials, equipment, or services provided for or to the above referenced
project in regard to the attached statement(s)or progress payment request(s).
Burton Construction
By:
Printed Name: Ryan iennger = ;'L
Title Controller
Date: March 26,2020
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 26th day of March 2020, b Ryan Dieringer, of Burton
Construction Co. for the consideration herein expressed,on behalf of me.
EE—
TAYLOR GLOVER
ota Pu in or the STATE OF TEXAS
Notary Public, Stateof TexasComm. Ex irep s 10-30-2023 Notary ID 132232822
ECONOMIC DEVELOPMENT AGREEMENT 2
This conomic Development Agreement (the "Agreement") is entered into this Z I A day of
!A 2018 (the "Effective Date") by and between the Round Rock
Transpo ation and Economic Development Corporation, a Type B Corporation created
pursuant to Chapter 505 of the Texas Local Government Code ("TEDCO"), and Ridge
Development Company, L.L.C., a Delaware limited liability company ("RDC'). The foregoing
are referred to collectively as the "Parties."
WHEREAS, the TEDCO is a Type B Economic Development Corporation created pursuant to
Chapters 501 and 505 of the Texas Local Government Code (the "Code'); and
WHEREAS,the primary purpose of TEDCO it to participate in projects which promote or develop
new or expanded business enterprises that create or retain primary and other jobs, which projects
can include the construction of improvements to public infrastructure such as streets and roads,
water and sewer utilities, drainage and related improvements; and
WHEREAS, RDC proposes to purchase land, and construct one or more buildings containing at
least 400,000 square feet in the aggregate,and install equipment,facilities,and improvements(the
"Project', as defined below, which project the TEDCO Board of Directors has determined will
promote or develop new or expanded business enterprises that create or retain jobs; and
WHEREAS,in order to develop the Project, it is necessary to construct an extension of the public
right-of way commonly known as Chisholm Trail and related improvements,(the"Chisholm Trail
Project)as defined below; and
WHEREAS,the Parties intend that once the Property (as defined below)is acquired by RDC and
has been subdivided, platted (including the dedication of the Chisholm Trail Project), and the
Chisholm Trail Project completed, the City will accept the Chisholm Trail Project and be
responsible therefor, all in accordance with applicable law; and
WHEREAS, TEDCO is willing to fund a portion of the cost of the Chisholm Trail Project as
provided in this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits and promises and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
City and RDC agree as follows:
1. Authority. TEDCO'S execution of this Agreement is authorized by Chapters 501 and 505
off the Texas Local Government Code and constitutes a valid and binding obligation of
TEDCO in the event RDC proceeds with construction of the Project. TEDCO
acknowledges that RDC is acting in reliance upon TEDCO's performance of its obligations
under this Agreement in making its decision to commit substantial resources and money to
construct the Project.
RDC's execution of this Agreement is authorized as applicable by its members and/or
manager and constitutes a valid and binding obligation of RDC. RDC acknowledges that
00404572.nocx
�20I0_5w
TEDCO is acting in reliance upon RDC's using commercially reasonable efforts to lease
the Project which the parties expect will promote or develop new or expanded business
enterprises that create or retain jobs.
2. Definitions.
2.1 "Chisholm Trail Project" means the construction of the extension of Chisholm
Trail and related improvements shown on Exhibit B.
2.2 "City"means the City of Round Rock, Texas.
2.3 "Effective Date"is the date set forth above as the date this Agreement is executed
to be effective by the Parties.
2.4 "Project" means the buildings, equipment, facilities, and improvements to be
constructed by RDC on the Property located in the city limits of City and generally
depicted on Exhibit B.
2.5 "Property"means the tract of land legally described in Exhibit A.
3. Representations,Rights, and Obligations of RDC.
3.1 Project. RDC understands that TEDCO expects that the Project when it is
constructed and leased will promote or develop new or expanded business
enterprises that will create or retain primary and other jobs. RDC agrees to
complete the construction of at least 400,000 square feet in the aggregate of
distribution/light industrial space on or before the 31st day of January,2021,subject
to any force majeure events. RDC agrees to provide TEDCO with commercially
reasonable documentation evidencing that the obligation in the immediately prior
sentence has been satisfied,and TEDCO shall have the right to audit RDC's records
to verify same.
3.2 Compliance with regulations. RDC agrees that it will comply with the City's
development approval processes and shall operate the Project consistent with City
ordinances, development regulations, and requirements.
3.3 Continuous operation. RDC agrees to use commercially reasonable efforts to cause
the Project to remain leased for a period of ten years under one or more leases
relating thereto entered into at any time during such ten-year period.
4. Constructing and Funding the Chisholm Trail Project
4.1 The Parties acknowledge that the Chisholm Trail Project is public infrastructure
that is required or suitable for the development of the Project.
4.2 RDC shall cause the Chisholm Trail Project to be constructed in accordance with
applicable law,including building codes, ordinances,and regulations applicable to
2
the work, and in accordance with the plat and plans that are approved by the City.
RDC will obtain all necessary permits and approvals from the City.
4.3 During construction of the Chisholm Trail Project, the City shall have the right to
review all documents, maps, plats and records, reports and drawings affecting the
construction of the Chisholm Trail Project, and to inspect the work in progress all
in accordance with applicable law.
4.4 As set forth below,TEDCO agrees to make monthly progress payments to RDC for
the actual cost of the Chisholm Trail Project, up to but not exceeding the total
amount of$705,000.00.
4.5 Not more often than once per month, RDC shall submit to the City's Director of
Transportation (the "Director") for review an Application for Payment in a form
reasonably acceptable to the Director(an "Application"), filled out and signed by
RDC covering the work completed as of the date of the Application and
accompanied by supporting documentation reasonably acceptable to the Director.
4.6 The Application shall not include materials or equipment not incorporated in the
work but delivered and suitably stored at the site or at another location.
4.7 Applications shall include the following documentation:
a. updated progress schedule,
b. monthly subcontractor report, and
C, any other documentation reasonably required by the Director.
4.8 The Director will, within ten (10) business days after receipt of each Application,
either indicate a recommendation for payment and forward the Application for
processing by TEDCO or return the Application to RDC indicating the Director's
reasons for refusing to recommend payment. In the latter case, RDC may make the
necessary corrections and resubmit the Application.
4.9 TEDCO shall make the payment to RDC no later than 30 days following its receipt
of the Director's recommendation for payment.
5. Miscellaneous.
5.1 Mutual Assistance. The Parties will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement.
5.2 Default. If either TEDCO or RDC should default in the performance of any
obligations of this Agreement, the other party shall provide such defaulting party
written notice of the default,and a minimum period of thirty(30)days to cure such
default, prior to instituting an action for breach or pursuing any other remedy for
3
default. If TEDCO remains in default after notice and opportunity to cure, RDC
shall have the right to pursue any remedy at law or in equity for TEDCO's breach.
If RDC remains in default after notice and opportunity to cure,TEDCO shall have
the right to pursue any remedy at law or in equity for RDC's breach.
5.3 Attorney's Fees. In the event any legal action or proceeding is commenced in a
court of competent jurisdiction between TEDCO and RDC to enforce provisions of
this Agreement and recover damages for breach, the prevailing party in such legal
action shall be entitled to recover its reasonable attorney's fees and expenses
incurred by reason of such action, to the extent allowed by law.
5.4 Entire Agreement. This Agreement contains the entire agreement between the
Parties with respect to the subject matter hereof. This Agreement may only be
amended, altered or revoked by written instrument signed by the Parties.
5.5 Binding Effect. This Agreement shall be binding on and inure to the benefit of the
Parties,their respective successors and assigns.
5.6 Assignment. RDC may not assign this Agreement without the express written
consent of TEDCO,which consent shall not be unreasonably withheld,conditioned
or delayed, provided, however, that RDC may assign this Agreement without the
consent of TEDCO to an entity which controls,is controlled by or is under common
control with RDC,any successor entity to RDC by way of merger,consolidation or
other non-bankruptcy corporate reorganization, or an entity which acquires all or
substantially all of RDC's assets, partnership or membership interests, or capital
stock. Notwithstanding the foregoing, the Parties hereby acknowledge and agree
that RDC intends to acquire and develop the Project and the Chisholm Trail Project
with a financial partner and accordingly, RDC may assign this Agreement without
the consent of TEDCO to any partnership, limited liability company, limited
partnership, corporation or other entity formed to facilitate the acquisition and
development of the Project and the Chisholm Trail Project, including without
limitation to Principal Ridge Round Rock Venture I, LLC.
5.7 Amendment. This Agreement may be amended by the mutual written agreement
of the Parties.
5.8 Termination. In the event RDC elects not to construct the Project as contemplated
by this Agreement, RDC shall notify TEDCO in writing, and this Agreement and
the obligations on the part of all Parties shall be deemed terminated and of no
further force or effect.
5.9 Notice. Any notice and or statement required and permitted to be delivered shall
be deemed delivered by actual delivery, facsimile with receipt of confirmation, or
by depositing the same in the United States mail, certified with return receipt
requested, postage prepaid, addressed to the appropriate party at the following
addresses:
4
If to TEDCO: Round Rock Transportations and Economic Development Corp.
221 E. Main Street
Round Rock, TX 78664
Attn: City Manager
Phone: (512) 218-5400
Email: lhadley@roan drocktexas.gov
With a required copy to:
Sheets & Crossfield
309 E. Main Street
Round Rock, TX 78664
Attn: Stephan L. Sheets
Phone: (512) 255-8877
Email: steve@scrrlaw.com
If to RDC: Ridge Development Company, L.L.C.
1900 West Loop South
Houston, Texas 77027
Attn: Ben Newell
Email: Ben.Newell@ridgedevelopment.net
With a required copy to:
Drane & Freyer Limited
200 West Madison Street, Suite 2800
Chicago, IL 60606
Attn: Wendy Freyer
Email: wfreyer@dfllaw.com
Any party may designate a different address at any time upon written notice to the other Parties.
5.10 Interpretation. Each of the Parties has been represented by counsel of their
choosing in the negotiation and preparation of this Agreement.Regardless of which
party prepared the initial draft of this Agreement,this Agreement shall,in the event
of any dispute, however its meaning or application, be interpreted fairly and
reasonably and neither more strongly for or against any party.
5.11 Applicable Law. This Agreement is made,and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County,
Texas.
5.12 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws, and in that event, it is the intention of
the Parties that the remainder of this Agreement shall not be affected. It is also the
intention of the Parties of this Agreement that in lieu of each clause and provision
that is found to be illegal, invalid or unenforceable, a provision be added to this
5
Agreement which is legal,valid or enforceable and is as similar in terms as possible
to the provision found to be illegal, invalid or unenforceable.
5.13 Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the
various and several paragraphs.
5.14 No Third-Pgty Beneficiaries. This Agreement is not intended to confer any rights,
privileges or causes of action upon any third party.
5.15 Force Majeure. Except as otherwise provided herein, an equitable adjustment shall
be made for delay or failure in performing if such delay or failure is caused,
prevented, or restricted by conditions beyond that Party's reasonable control (a
`force majeure event"). A force majeure event for the purposes of this Agreement
shall include, but not be limited to, acts of God, fire; explosion, vandalism; storm
or similar occurrences; orders or acts of military or civil authority; litigation;
changes in law, rules, or regulations outside the control of the affected Party;
national emergencies or insurrections; riots; acts of terrorism; or supplier failures,
shortages or breach or delay. Except as otherwise expressly provided,herein,there
shall be an equitable adjustment allowed for performance under this Agreement as
the result of any event of force majeure.
5.16 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create any partnership or joint
venture among the Parties. TEDCO and the City, their past, present and future
officers, elected officials, employees and agents of TEDCO or the City, do not
assume any responsibilities or liabilities to any third party in connection with the
development of the Project or the design, construction or operation of any portion
of the Project.
5.17 Estoppel Certificate.RDC may request an estoppel certificate from TEDCO so long
as the certificate is requested in connection with a bona fide business purpose and
requests commercially reasonable certifications. TEDCO agrees to promptly
execute and deliver any estoppel certificate reasonably requested pursuant to this
Section 5.17. The certificate, which will upon request be addressed to RDC, or a
lessee,purchaser or assignee of RDC, shall include, but not necessarily be limited
to, statements (qualified to the best knowledge of the City) that this Agreement is
in full force and effect without default (or if a default exists, the nature of such
default and any curative action which should be undertaken to cure same), the
remaining term of this Agreement, and such other matters reasonably requested by
the party(ies)to receive the certificate.
6
EXECUTED as of the date first set forth above.
ROUND ROCK TRANSPORTATION
AND ECONOMIC DEVELOPMENT
CORPOTION
By: AZ
Cra' Morg resident
Date: ' 2018
A
D astofoSheets,TEDCO Attorney
7
Ridge Development Company,L.L.C. -1
a Delaware limited liability company
By:
Name:
Title:
8
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
_.. ---.....
Z`L _ .
{ f ta�.;l.•_� _ �� r.; _.=_y:=�Y,Y��,� _---_. ... ...,.-.u...r .., ....ry r.r.......f.x....._t a •_ F
1
/ 11 ",�'rl/I�{,L1511717�/ ;.,.'.vw.., /` QTR �1��'�• ..,..r ,..rww«• 'i
w( 4 .,k.
✓✓
n.
t =n n D W( ., .v._.,.r.u u..., ar>.wv:+-,..,.w., .,.,., �y� •a. 1j� .t+l r
Z Dnpp p 3 Ax O .IA
0-�j
7 D ..,.........,..,.,..r...r ,.,.. _.....-W...._..._..w._...,... .. ..
ti o'
nm2f utrwra /�' -
< o
Dun°Z< �..,a...,c r.ra.r a...0•a.a...,-♦.x sww xu,...•,..mw.._,. .,.tro...�,., • 1 s Im sfw......., -- (-
,� � ..,.. +,.., w - ,•� ')rt',YTW1Yr.e]f:r1 a♦e-oaJln � 1�� I R G, f .
• l
`��1 l '� .n.-u�a..n r'.v.r r•.a xr» ..oa-i. K FYI$ � .KA l�A� [ !;
! � , .��• j ,. A ` � w [r.,,...n ,.r m,.a1 J _,._..run. Q i�1:Viwf Yf...nl C, ' A
w. r
Yl,r MWI
1 .Vfr+a3 •+,•••"r.
4t:0t^-? 0. ]00 [ry -r.tip ,itll k
Jwl-4nyp r149J rt."0a 6,OZ W.
r.IAi
yi'yi W'90G -cf,
.,N]Aa —34
:�" _,... ••,`' �Y)t31'A1VU,. ♦USiCMTIIk
I
L
�IXHLMM AIa,IJ'IVULHU ' I:OGDI lll:. 1-1:1-1: 1:X)
1\lli� U .�I II:i11Ntr.);{N t133U W 'l
. :J\I 1'EViil al lU 1•I
JJi Dig'�0[9 1)1(I:i UNU.)'uKirl 3U LAW 310V I lit 1,'lll'+iN.]C gL419I:UIY,:ilii MU 1S:{JXJ a\,',Llys
f' ,.xa. +..n,ru. r.:..uw r ,.-... .. ')N'Jlvew0)OYOY'.V[NW.I•1N010 'tiL'Y:Il Al.\I fl ,_,
i Y.�, vUSKtln'nr 'SIMa?N11.NilLld'IL E.]1d 1U WO A-IM "tmz; AVU110A X, u4uau7J;1(1334 CI•'Naa11 iN
3M
1 mariA[A II>lY iN3t1113R 3ut 1'1'139 ul ILIA3,hlr:)938.)Y UO 1YNl HhPtiYaltu.Jn:1,'9n1U11 L M j
a'dlLLa:Ll 'wAN.IY :uu UI:ulvs -b1.CU LL\lO'1 AUJKY[IitA 'h'aall.)3U 1[11111
I/1.IIAW YY:tl'11)t.l '51;)F
Al!Illi ..I ""Ho.)AA 114:111 %'UllllaVd \I Ul 1)VML-!Y u'lum". .la
1
UNY •SK33113a 'Y pIMT119 Ul(131'IA.W) :).\1311 SASJY:'UU-Y):fllt4 'Yxil. AIN M.; \l. r[I(■
,.;._.._. ....,,........,,.».,........,,.:•,....,., ael uw 13MU-41r•AlAas .ula:IJ aL,Yu 31u au 1110'»J1 au 3uuN al:,l 10,r2)v.Uuw !nl1a
s
1u1L.11U.1i3a 7YJ31
LECAL PF.MTPnOT'. } ;
I ET�f,78 rn M'Rfc OF LA\T. MOVEop. iFSS OI'T OT nit. DAVID rR RRY\LRYEY. .VISTA C-T NO. I.M.
!M1R RILLI,IAISO\ rD(N'1Y 1'}.YA.': SAID :fILAE1 ACRES" K' rfl`%'FYEII M RII IJAV A RF.IIRITS. AND
DFSrRmrp AR -TRACT 111 IN PARTITION DEED RFtYgtJ&p IS VOLUME 2059,PAGE 891, 017I041 LEGEND
1•T'NUt' P.F.rORP9, RIU]\VCO\ f M.\TN TE7FAS, 5.1111 U nftS A"IW.q, FI•PrHFP.
INr1 PDINYh'SINf TI1AT nn AMES COWEVED 1V FELLY JOE REIIRY.VS AND 1"FE. JVIIF. RAF.
ItEHRENS.1V DEM RECORDED IN V41.110' 20rT. PAGF a74. OF'F'ICIAI MINX WCONDS, W1IJ.l AM.goN • -*m.mn
COI.NTY TEND. o r
AW AND F1Ct'.#q YHOW ME SAM :I8.665 A(:rFR. TILT 9.AIl ACRE.TRArT RF IdNn. M,lvrYED 1'D
t RUrl' I YY AI.TY. DY U}'ED RECORDED IN DMT'YF:NI'NII. .n110:o9`:,OF'FTr1A1. PI'Rt.ir P.F.t'ORI1S. + ^I
R11I.1AV O♦ .:01`NAY,.TF_NA� ,• I
s
DETAIL 'A' i1
rF�IT Jttw9n!R[Fs 2,000 ACRES '. '' ••'•
v
-J+I VOt CA).aG.691 .)I9 PY 9`V^' � _. _... xln I � ,I�q�1�•
Vfn(IAL A.Rr..PTHS m
-TRACT i
H:' S 17 j
VD:.7959.Pf.83a I 1 • I —..--
30A43 ACRES ` 1
' � �1.d'• jl�l' .n. «,.....,,••.., Ill\'t
TOTAL AREA 1 •1 - _
.. - �_•y��` lY2.WI ACRES I �,
.s;!t
t'H!:.t•!;.'i _ 217 W (`I
Wiz'. AV
1
cc
s� •• �• '• M.rta'nl lY!TA: V Q Q
D;:Sb9 n+•x-! 2 -��. _ %Yli X32077 }.
r1..1 .� l:-f R^P.q.(•An t .. ___ •^ Yr+tf r•+�.1'_—f /__•- ,��>�V F W�ntA 1
i.}F • �: 0
ou>~�"
9
W Wz Z tt
.T.R - .� Qf>!� Q 1
JOJQ J
4
TNmFfl
1
2w2
EXHIBIT B
GENERAL DEPICTION OF THE PROJECT
AND
THE CHISHOLM TRAIL PROJECT
See Attached
CHISHOLM TRAIL TRADE CENTER . ROUND ROCK, TX SCHEME B2 -03/16/18
I � ~FQrrur+>=_ --- - -- -' \ CHISHOLM TRAIL
TRADE CENTER
BUILDING 1:90,000 S.F.
BUILDING 2:170.000 S.F.
I se - _:_ T BUgLf5li�1
_ — ivv i { I ! i y 1 1_ — __._. �� \\� BUILDING 3:180,000 S.F.
I ! I 1 S. — "i— i i' t \\ . h TOTAL BUILDING:440,000 S.F.
DETENTION:83,200 S.F.
'
�� w s � � Bs• �— Tt�1._i._.*---•}—._4•--t8U1LDi1�(G� i i i.._.{ !—
I l
I I I`�� I
_._l .•� i 1 '5000' ,:Y. ! y\,
o rt i %,
if
h-
.� :- °� moi..-.._ .._.""'.__�--•_-- _ t _..�..» ai \,,��,,�>
1
i�
I
I
1
MSON PRELIMINARY IIIFOR WAW FR&I=
BY THE OWNER-SUBJECT M CHANGE
SITE PLAN METHOD architecture
2118 LAMAR ST.SUITE 200
NOT TO SCALE HOUSTON,TEXAS 77003
f7131842-7500