Loading...
R-91-1614 - 6/13/1991r ATTEST: RS06131F RESOLUTION NO. _A1 Li „1 WHEREAS, the City of Round Rock has duly advertised for proposals for the lease and sale of certain property known as the Round Rock Country Club, and WHEREAS, Mike Beneat and Joe Beneat have submitted the most favorable proposal, and WHEREAS, the Council wishes to accept the proposal of Mike Beneat and Joe Beneat and enter into a Lease Agreement and Real Estate Contract with them, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Lease Agreement and Real Estate Contract, copies of such documents being attached hereto as Exhibits "A" and "B" respectively and incorporated herein for all purposes. RESOLVED this 13th day of June, 1991. ANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas, It LEASE AGREEMENT Table of Contents Page Preamble - Parties and Premises 1 ARTICLE 1. TERM AND SECURITY DEPOSIT § 1.01 Term of Lease 1 § 1.02 Lease Year Defined 1 § 1.03 Holdover 1 § 1.04 `.Security Deposit 1 ARTICLE 2. RENT § 2.01 Percentage Rent 2 § 2.02 Gross Receipts Defined 2 § 2.03 Statement of Gross Receipts 3 § 2.04 Books and Records of Lessee 4 § 2.05 Place of Payment 4 ARTICLE 3. USE OF PREMISES § 3.01 Permitted Use 4 § 3.02 Manner of Operation 5 § 3.03 Waste, Nuisance, or Illegal Uses 5 ARTICLE 4. MAINTENANCE AND SURRENDER § 4.01 Maintenance and Surrender by Lessee 5 § 4.02 Remedy for Failure to Maintain 5 ARTICLE 5. TAXES AND ASSESSMENTS § 5.01 Personal Property Taxes 6 § 5.02 Real Property Taxes and Assessments 6 ARTICLE 6. UTILITIES AND GARBAGE REMOVAL § 6.01 Utility Charges 6 § 6.02 Garbage Removal 6 ARTICLE 7. CONDITION OF PREMISES, ALTERATIONS, ADDITIONS, AND IMPROVEMENTS § 7.01 Condition of Premises 6 § 7.02 Consent of Lessor 7 § 7.03 Property of Lessor 7 ARTICLE 8. MECHANIC'S LIENS 7 ARTICLE 9. INSURANCE AND INDEMNITY § 9.01 Property Insurance 7 § 9.02 Liability Insurance 8 § 9.03 Remedy for Failure to Provide Insurance 8 § 9.04 Hold - Harmless Clause 8 ARTICLE 10. DAMAGE OR DESTRUCTION OF PREMISES § 10.01 Notice to Lessor 9 § 10.02 Total Destruction § 10.03 Partial Destruction ARTICLE 11. § 11.01 § 11.02 § 11.03 ARTICLE 12. § 12.01 § 12.02 § 12.03 § 12.04 § 12.05 ARTICLE 13. ARTICLE 14. § 14.01 § 14.02 ARTICLE 15. § 15.01 § 15.02 § 15.03 Pace 9 9 CONDEMNATION Total Condemnation 10 Partial Condemnation 10 Condemnation Award 10 DEFAULT Default by Lessee 10 Lessor's Lien 11 Default by Lessor 11 Cumulative Remedies 12 Waiver of Breach 12 INSPECTION BY LESSOR 12 ASSIGNMENT AND SUBLEASE Assignment and Subletting by Lessee 12 Assignment by Lessor 13 PARKING EASEMENTS Subject to Parking Easement 13 Easement on Golf Course Parking Lot 13 Terms and Conditions 13 ARTICLE 16. MISCELLANEOUS § 16.01 Notice and Addresses 14. § 16.02 Parties Bound 14 § 16.03 Texas Law to Apply 14 § 16.04 Legal Construction 14 § 16.05 Prior Agreements Superseded 15 § 16.06 Amendment 15 § 16.07 Rights and Remedies Cumulative 15 § 16.08 Attorney's Fees and Costs 15 § 16.09 Force Majeure 15 § 16.10 Time of Essence 15 Execution 16 LEASE AGREEMENT This Lease is made and entered into by and between the City of Round Rock, Texas, a home rule corporation, referred to in this lease as Lessor, and Mike Beneat and Joe Beneat, individuals, collectively, referred to in this lease as Lessee. In consideration of the mutual covenants and agreements set forth in this lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the premises situated at 100 Twin Ridge Parkway in Round Rock, Williamson County, Texas, and more particularly described in Exhibit "A" attached to this lease. These premises are referred to in this lease as "the premises" or "the leased premises." The premises also includes all personal property located thereon which is listed on the inventory sheet attached as Exhibit "B" to this lease. TC01334A ARTICLE 1. TERM AND SECURITY DEPOSIT Term of Lease § 1.01. The term of this lease shall be three (3) years, commencing on June 15, 1991, and ending on June 14, 1994, unless sooner terminated as provided in this lease. Lease Year Defined § 1.02. The term "lease year," as used in this lease, shall mean a period of twelve (12) consecutive full calendar months beginning January 1 of each year and ending on December 31 of each year. The first lease year shall be a short year and shall begin on the date of commencement of the lease term, as specified in § 1.01, above, and shall terminate on December 31 of the year in which the lease terms commences. The year in which this lease terminates, as specified in § 1.01, above, shall also be a short year, commencing on January 1 of the year specified for termination and ending on the termination date specified in § 1.01. Holdover § 1.03. If Lessee holds over and continues in possession of the leased premises after expiration of the term of this lease, Lessee will be deemed to be occupying the premises on the basis of a month - to -month tenancy, subject to all of the terms and conditions of this lease. Security Deposit § 1.04. Lessee agrees to deposit the sum of Two Thousand Five Hundred and No /100 Dollars ($2,500.00) with Lessor as security for the full and faithful performance by Lessee of the terms and conditions of this lease. This deposit will be made no later than five (5) days from the date hereof, or the date on which Lessor delivers possession of the premises to Lessee, whichever first occurs. Lessor may apply all or any part of the deposit to cure any default of Lessee under the terms and conditions of this lease. In the event of such application, Lessee must deposit with Lessor the amount applied to cure its default immediately on notice from Lessor of the nature and amount of the application. Lessor shall return the deposit to Lessee, minus any amounts deducted which have not been replaced by Lessee, no later than thirty (30) days after Lessee surrenders possession of the leased premises to Lessor. The deposit must be returned as provided in this section to the address left with Lessor by Lessee for this purpose or, if no such address was left, at Lessee's last known address. ARTICLE 2. RENT Percentage Rent § 2.01. Lessee agrees to pay to Lessor for the use and occupancy of the leased premises, a sum equivalent to the amount of seven percent (7 %) of Lessee's gross receipts for each month. This percentage rent must be paid monthly on or before the tenth (loth) day of each month succeeding the month for which the rent is due. Gross Receipts Defined § 2.02. The term gross receipts as used in this lease means receipts related to or derived from the operation of the premises, computed on an accrual basis, from all business conducted on or from the leased premises by Lessee and all others, whether such sales be evidenced by check, credit, charge account, exchange, or otherwise. a. The term gross receipts includes, but is not limited to, the following: i. The amounts received from the sale of food, beverages, goods, wares, merchandise or services sold or performed in, on, or from the leased premises, whether such orders be filled from the leased premises or elsewhere. ii. Proceeds from all automatic vending and other machines owned and operated by Lessee in or on the premises. iii. Commissions received by Lessee from automatic vending and other machines not owned by Lessee but operated in or on the leased premises. 2. iv. Commissions received by Lessee from the operation of public telephones in or on the leased premises. v. Proceeds from sales of merchandise or services based on orders solicited or taken from, in, or on the leased premises, to be delivered or performed off of the leased premises or from sources outside of the leased premises. vi. Proceeds from the use by patrons of the pool, tennis courts, and other facilities located on the leased premises. b. The term gross receipts does not include the following items, which may be excluded from gross receipts to the extent they have been included: i. Credits and refunds made to customers for merchandise returned or exchanged, or for services performed unsatisfactorily. ii. Credits and amounts paid to customers in settlement of claims for loss or damage to merchandise. iii. Any sales, use, value added, or gross receipts tax imposed by any federal, state, municipal, or governmental authority directly on sales and collected from customers, provided that the amount of the tax is added to the selling price or absorbed in that price and paid by Lessee to the governmental authority. iv. Service charges, which are defined to mean percentage gratuities, added to billings as compensation to Lessee's employees. c. Each charge or sale on installment or credit is to be treated as a sale for the full price in the month during which the charge or sale is made, irrespective of the time when Lessee is to receive payment or whether Lessee receives payment at any time. Statement of Gross Receipts § 2.03. On or before the date set for the payment of the percentage rent in § 2.01, Lessee must furnish Lessor with a true and accurate statement, signed by Lessee or by an authorized representative of Lessee, showing the gross receipts, as defined in § 2.02, for the preceding month. 3 . Books and Records of Lessee § 2.04. For the purpose of ascertaining the amount payable as rent, Lessee agrees to prepare and maintain on the leased premises, for a period of not less than three (3) years following the end of each month, adequate records that will show inventories and receipts of merchandise at the leased premises and daily receipts from all sales and other transactions on or from the leased premises by Lessee and any other persons conducting any business on or from the leased premises. At the time of each transaction, Lessee or any other person conducting the transaction on or from the leased premises will record all receipts from sales and other transactions, whether for cash or credit, in a cash register or registers having a cumulative total and sealed in a manner approved by Lessor, and having such other features as approved by Lessor. Lessee further agrees to maintain on the leased premises, for at least three (3) years following the end of each lease year, all sales, use, value added, gross receipts, and occupation tax returns with respect to the lease year, and all pertinent original sales records. Pertinent original sales records shall include the following: all cash register tapes, serially numbered sales slips, and originals of all orders filled by Lessee from the leased premises or processed by Lessee at the leased premises and filled from some location other than the leased premises. Lessor and authorized representatives of Lessor shall have the right to examine the records described in the preceding paragraph at the leased premises during Lessee's regular business hours. If, on examination of the books or records of Lessee, an error shall be revealed in favor of Lessor that results in additional percentage rental due Lessor in excess of Two Hundred Fifty and No /100 Dollars ($250.00), then the reasonable costs of the examination must be paid by Lessee to Lessor. Otherwise, Lessor will bear the cost of the examination. Place of Payment § 2.05. Lessee agrees to pay rent as provided in § 2.01. and provide a statement of gross receipts as provided in § 2.03 to Lessor at Lessor's office, located at 221 East Main Street, Round Rock, Texas 78664, or at such other location or locations as Lessor shall from time to time designate by written notice to Lessee. ARTICLE 3. USE OF PREMISES Permitted Use § 3.01. Lessee shall operate the leased premises as a facility for banquets, parties, and other social events and as a recreational facility. Lessee agrees to use their best efforts to cooperate and to coordinate with the operator of the Lessor -owned Forest Creek Golf Course regarding catering and banquets for golf tournaments. Lessee 4 . agrees that the premises will be used for the above purposes continuously during the term of this agreement and shall not use the premises for any other purpose without the express written consent of Lessor. Manner of Operation § 3.02. During the term of this lease and any extensions of the lease, Lessee shall keep the leased premises reasonably staffed to serve the patrons in a manner comparable to other facilities doing a similar business in the trade area of the leased premises. Lessee must operate the business of a banquet facility on the leased premises in a diligent and efficient manner. Waste, Nuisance, or Illegal Uses § 3.03. Lessee shall not use, or permit the use of, the premises in any manner that results in waste of the premises or constitutes a nuisance. Nor shall Lessee use, or permit the use of, the premises for any illegal purpose. Lessee, at its expense, will comply, and will cause its officers, employees, agents, and invitees to comply, with all applicable laws and ordinances and with all applicable rules and regulations of governmental agencies, concerning the use of the premises. ARTICLE 4. MAINTENANCE AND SURRENDER Maintenance and Surrender by Lessee § 4.01. Lessee shall maintain the leased premises, including the repair and replacement of the personal property, and keep them free from waste or nuisance throughout the lease term and any extensions of that term. At the termination of the lease, Lessee shall surrender and deliver the leased premises to Lessor in as good a state of repair and condition as they were in at the time Lessor delivered possession to Lessee, reasonable wear and tear and damage by fire, tornado, or other casualty excepted. Remedy for Failure to Maintain § 4.02. In the event Lessee fails to perform its obligation to repair or maintain as set forth in § 4.01. above after notice from Lessor of the need for such replacement, repair, or maintenance and the passage of a reasonable amount of time for performance after such notice, the Lessor may make such replacement, repairs, or perform such maintenance, or cause such repairs to be made or maintenance to be performed at its own expense. Lessee shall reimburse the Lessor for the reasonable expense of the replacement, repair, or maintenance. Any reasonable costs incurred by Lessor pursuant to this section shall be payable by Lessee to Lessor as additional rental on the next rental installment date, or, if there are no further rental installments 5. under the lease, within thirty (30) days or at the termination of the lease, whichever occurs first. ARTICLE 5. TAXES AND ASSESSMENTS Personal Property Taxes § 5.01. Lessee shall pay and fully discharge all taxes, special assessments, and governmental charges of every character imposed during the term of this lease on the furniture, trade fixtures, appliances, and other personal property currently located on the premises and to be placed by Lessee in, on, or about the leased premises. Real Property Taxes and Assessments § 5.02. Lessee shall pay and fully discharge all real property taxes, special assessments, and governmental charges of every character imposed on the leased premises during the term of this lease, including any special assessments imposed on or against the premises for the construction or improvement of public works. ARTICLE 6. UTILITIES AND GARBAGE REMOVAL Utility Charges § 6.01. Lessee shall pay all utility charges for water, electricity, heat, gas, and telephone service used in and about the leased premises during the term of the lease, all such charges to be paid by Lessee directly to the utility company or municipality furnishing the same before the same shall become delinquent. Garbage Removal § 6.02. Lessee shall pay for the removal of all garbage and rubbish from the leased premises during the term of the lease. ARTICLE 7. CONDITION OF PREMISES, ALTERATIONS, ADDITIONS, AND IMPROVEMENTS Condition of Premises § 7.01. Lessee agrees to take possession of the premises in its present condition and Lessor makes no representations or warranties, oral or written, express or implied, concerning the condition of the premises or the improvements located thereon. Lessee has carefully inspected the premises and by execution of this agreement, accepts the premises "as is" and "where is" in its present condition. 6. Consent of Lessor § 7.02. Lessee shall not make any alterations, additions, or improvements to the leased premises without the prior written consent of Lessor. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by Lessor. Property of Lessor § 7.03. All alterations, additions, or improvements made by Lessee shall become the property of Lessor at the termination of this lease. Lessor may, however, require that Lessee remove any or all alterations, additions, and improvements installed or made by Lessee, and any other property placed in the premises by Lessee, upon termination of the lease. In the event that Lessor requires Lessee to remove such alterations, additions, or improvements, Lessee shall repair any damage to the premises caused by such removal. ARTICLE 8. MECHANIC'S LIEN Lessee will not permit any mechanic's lien or liens to be placed upon the leased premises or upon improvements on the premises. If a mechanic's lien is filed on the leased premises or on improvements on the leased premises, Lessee will promptly pay the lien. If default in payment of the lien continues for twenty (20) days after written notice from Lessor to Lessee, Lessor may, at its option, pay the lien or any portion of it without inquiry as to its validity. Any amounts paid by Lessor to remove a mechanic's lien caused to be filed against the premises or against improvements on the premises by Lessee, including expenses and interest, shall be due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of written notice, together with interest at eighteen percent (18 %) per annum until repaid. ARTICLE 9. INSURANCE AND INDEMNITY Property Insurance § 9.01. Lessee shall, at its own expense, during the term of this lease, keep all buildings, structures, improvements, fixtures, equipment, and merchandise on the leased premises insured against loss or damage by fire or theft with extended coverage, to include direct loss by windstorm hail, explosion, riot, or riot attending a strike, civil commotion, aircraft, vehicles, and smoke, in the aggregate amounts of not less than the full fair insurable value of the premises and items insured. The insurance is to be carried by one or more insurance companies licensed to do business in Texas and approved by Lessor. Such policy or policies of insurance shall name both Lessor and Lessee as named insureds. The policies shall provide that any proceeds for loss or damage to buildings, structures, or improvements 7. shall be payable solely to Lessor, which sum Lessor shall use for repair and restoration purposes, and that any proceeds for loss or damage to fixtures, equipment, or merchandise shall be payable solely to Lessee, which sum Lessee shall use to repair or replace the lost or damaged fixtures, equipment, or merchandise, to ensure Lessee's continued operation of a banquet facility on the leased premises. Liability Insurance § 9.02. Lessee, at its own expense, shall provide and maintain in force during the term of this lease liability insurance in the amount of One Million and No /100 Dollars ($1,000,000.00), covering Lessor as well as Lessee, with one or more insurance companies authorized to transact business in Texas and approved by Lessor. Remedy for Failure to Provide Insurance § 9.03. Lessee shall furnish Lessor with certificates of all insurance required by this article. If Lessee does not provide such certificates upon Lessor's delivery of possession to Lessee, or if Lessee allows any insurance required under this article to lapse, Lessor may, at its option, take out and pay the premiums on the necessary insurance to comply with Lessee's obligations under the provisions of this article. Lessor is entitled to immediate reimbursement from Lessee for all amounts spent by it to procure and maintain such insurance, with interest at the rate of eighteen percent (18 %) per annum from the date of payment by Lessor until reimbursement by Lessee. Hold - Harmless Clause § 9.04. Lessee agrees to indemnify and hold Lessor harmless against any and all-claims, demands, damages, costs, and expenses, including reasonable attorney's fees for the defense of such claims and demands, arising from the conduct or management of Lessee's business on the leased premises or from its use of the leased premises, or from any breach on_the part of Lessee of any conditions of this lease, or from any act or negligence of, Lessee, its agents, contractors, employees, subtenants, concessionaires, or licensees in or about the leased premises. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceeding by counsel acceptable to Lessor. 8. ARTICLE 10. DAMAGE OR DESTRUCTION OF PREMISES Notice to Lessor • § 10.01. If the leased premises or any structures or improvements on the leased premises should be damaged or destroyed by fire, tornado, or other casualty, Lessee shall give immediate written notice of the damage or destruction to Lessor, including a description of the damage and, as far as known to Lessee, the cause of the damage. Total Destruction § 10.02. If the leased premises should be totally destroyed by fire, tornado, or other casualty not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, or if it should be so damaged by such a cause that rebuilding or repairs cannot reasonably be completed with sixty (60) days and at a cost not to exceed Two Hundred Fifty Thousand and No /100 Dollars ($250,000.00), this lease shall terminate, and rent shall be abated for the unexpired portion of this lease, effective as of the date of written notification as provided in § 10.01. Partial Destruction § 10.03. If the leased premises should be damaged by fire, tornado, or other casualty not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, but not to such an extent that rebuilding or repairs cannot reasonably be completed within sixty (60) days and at a cost not to exceed Two Hundred Fifty Thousand and No /100 Dollars ($250,000.00), this lease shall not terminate except as provided in subsections (a) and (b) of this section. a. If the partial destruction of the leased premises occurs prior to the final three (3) months of the lease term, Lessor shall, at its sole cost and risk, proceed immediately to rebuild or repair the leased premises to substantially the condition in which they existed prior to such damage. In the event that Lessor should fail to complete such rebuilding or repairs within sixty (60) days from the date of written notification by Lessee to Lessor of the occurrence of the damage, Lessee may terminate this lease by written notification to Lessor. Upon such notification, all rights and obligations under this lease shall cease. b. If partial destruction of the leased premises occurs in the final three (3) months of the lease term, Lessor need not rebuild or repair the premises. If Lessor elects not to rebuild or repair the premises, and the leased premises are untenantable in whole or in part following such damage, Lessee may elect to terminate the lease or to continue the 9 . lease with the rent for the remainder of the lease period adjusted equitably. ARTICLE 11. CONDEMNATION Total Condemnation § 11.01. If during the term of this lease, all of the leased premises should be taken for any public or quasi- public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, this lease shall terminate, and the rent shall be abated during the unexpired portion of this lease, effective as of the date of the taking of the premises by the condemning authority. Partial Condemnation § 11.02. If less than all, but more than fifty percent (50 %), of the leased premises is taken for any public or quasi- public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, Lessee may terminate the lease by giving written notice to Lessor within thirty (30) days after possession of the condemned portion is taken by the entity exercising the power of condemnation. If the leased premises are partially condemned and Lessee fails to exercise the option provided in the preceding paragraph to terminate the lease, or if less than fifty percent (50 %) of the leased premises are condemned, this lease shall not terminate but Lessor shall immediately, at its sole expense, restore and reconstruct the building and other improvements situated on the leased premises to make them reasonably tenantable and suitable for the uses for which the premises are leased. - Condemnation Award § 11.03. Lessor and Lessee shall each be entitled to receive and retain such separate awards and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings. The termination of this lease shall not affect the rights of the respective parties to such awards. ARTICLE 12. DEFAULT Default by Lessee § 12.01. If Lessee shall allow the rent to be in arrears more than twenty (20) days after written notice of such delinquency, or shall remain in default under any other condition of this lease for a period of twenty (20) days after written notice from Lessor, Lessor 10. may, without notice to Lessee, terminate this lease, or in the alternative, Lessor may reenter and take possession of the premises and remove all persons and property without being deemed guilty of any manner of trespass and relet the premises, or any part of the premises, for all or any part of the remainder of the lease term to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor be unable to relet after reasonable efforts to do so or, should such monthly rental be less than the rental Lessee was obligated to pay under this lease, Lessee shall pay the expense of reletting plus the amount of any deficiency in the rent to Lessor. Lessor's Lien § 12.02. It is expressly agreed that, in the event of default by Lessee under this lease, Lessor shall have a lien upon all goods, chattels, or personal property of any description belonging to Lessee that are placed in, or become a part of, the leased premises, as security for rent due and to become due for the remainder of the current lease term. This lien shall not be in lieu of, or in any way affect, the statutory lessor's lien given by law but shall be in addition to that lien, and Lessee grants to Lessor a security interest in all personal property placed in or on the leased premises for purposes of this contractual lien. This shall not prevent the sale by Lessee of any merchandise in the ordinary course of business free of such lien to Lessor. If Lessor exercises the option to terminate the leasehold, renter, and relet the premises, as provided in the preceding paragraph, and gives Lessee reasonable notice of its intent to take possession of Lessee's property on the premises and an opportunity for a hearing on the matter, Lessor may take possession of all of Lessee's property on the premises. After giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, Lessor may then sell the property at public or private sale, for cash or on credit, for such prices and terms as Lessor deems best, with or without having the property present at the sale. The proceeds of the sale shall be applied first to the necessary and proper expense of removing, storing, and selling such property, then to the payment of any rent due or to become due under this lease, with the balance, if any, to be paid to Lessee. Default by Lessor § 12.03. If Lessor defaults in the performance of any term, covenant, or condition required to be performed by it under this agreement, Lessee may elect to do either one of the following: a. After not less than twenty (20) days' notice to Lessor, Lessee may remedy such default by any necessary action and, in connection with such remedy, may pay expenses and employ counsel; all sums expended or obligations incurred by Lessee in connection with remedying Lessor's default shall be paid 11. by Lessor to Lessee on demand and, on failure of such reimbursement, Lessee may, in addition to any other right or remedy that Lessee may have, deduct these costs and expenses from rent subsequently becoming due under this lease. b. Lessee may terminate this lease on giving at least thirty (30) days' notice to Lessor of such intention. In the event Lessee elects this option, the lease will be terminated on the date designated in Lessee's notice, unless Lessor has cured the default prior to expiration of the thirty -day period. Cumulative Remedies § 12.04. All rights and remedies of Lessor and Lessee under this Article shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provision of this lease. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. Waiver of Breach § 12.05. A waiver by either Lessor or Lessee of a breach of this lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the lease. ARTICLE 13. INSPECTION BY LESSOR Lessee shall permit Lessor and Lessor's agents, representatives, and employees to enter into and on the leased premises at all reasonable times for the purpose of inspection, maintenance, making repairs or alterations to the premises, or any other purpose necessary to protect Lessor's interest in the leased premises or to perform Lessor's duties under this lease. ARTICLE 14. ASSIGNMENT AND SUBLEASE Assignment and Subletting by Lessee § 14.01. Lessee may not sublet, assign, encumber, or otherwise transfer this lease or any right or interest in this lease, or in the leased premises or the improvements on the leased premises, without the written consent of Lessor. If Lessee sublets, assigns, encumbers, or otherwise transfers its rights or interests in this lease, or in the leased premises or the improvements on the leased premises, without the written consent of Lessor, Lessor may, at its option, declare this lease terminated. In the event Lessor consents in writing to an assignment, sublease, or other transfer of all or any of Lessee's rights under this lease, the 12. assignee or sublessee must assume all of Lessee's obligations under this lease, and Lessee shall remain liable for every obligation under the lease. Lessor's consent under this section will not be arbitrarily or unreasonably withheld. Assignment by Lessor § 14.02. Lessor may assign or " transfer' any or all of its interest under the terms of this lease. ARTICLE 15. PARKING EASEMENTS Subject to Parking Easement § 15.01. Throughout the term of this lease, Lessor, on behalf of itself and the operator of the Forest Creek Golf Course, shall retain an easement and right whereby Lessor, the aforementioned operator and their agents, employees, suppliers, invitees, and customers, may use the parking lot located on the premises, for vehicular parking and ingress to and egress from the Forest Creek Golf Course, under the terms and conditions set forth below in § 15.03. Easement on Golf Course Parking Lot § 15.02. Throughout the term of this lease, Lessee shall have an easement and right on behalf of itself and its agents, employees, suppliers, invitees, and customers to use the parking lot on the adjacent golf course property for vehicular parking and ingress to and egress from the leased premises, under the terms and conditions set forth below in § 15.03. Terms and Conditions § 15.03. The foregoing reciprocal parking easements are subject to the following terms and conditions: a. Vehicles may be parked only in spaces designated by Lessor as parking spaces, either by painted lines or otherwise as Lessor deems fit. b. Use of the parking lots by Lessee, golf course operator and their agents, employees, suppliers, invitees, and customers must be in accordance with reasonable rules and regulations adopted by Lessor and communicated to Lessee by written notice. c. Lessee shall maintain the parking lot located on the leased premises, but shall have no duty of maintaining the parking lot located on the adjacent golf course property. 13. d. Any vehicle parked in violation of the terms, conditions, rules, and regulations may be towed at the owner's expense. ARTICLE 16. MISCELLANEOUS Notices and Addresses § 16.01. All notices required under this lease must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: Lessor: City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attention: City Manager Lessee: Mike Beneat and Joe Beneat Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section. Parties Bound § 16.02. This agreement shall be binding upon, and inure to the benefit of, the parties to this lease and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this agreement. Texas Law to Apply § 16.03. This agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this lease are performable in Williamson County, Texas. Legal Construction § 16.04. In case any one or more of the provisions contained in this agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, 14. With a Copy To: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, Texas 78664 such invalidity, illegality, or unenforceability shall not affect any other provision of the agreement, and this agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the agreement. Prior Agreements Superseded § 16.05. This agreement constitutes the sole and only agreement of the parties to the agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. Amendment § 16.06. No amendment, modification, or alteration of the terms of this agreement shall be binding unless it is in writing, dated subsequent to the date of this agreement, and duly executed by the parties to this agreement. Rights and Remedies Cumulative § 16.07. The rights and remedies provided by this lease agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Attorney's Fees and Costs § 16.08. If, as a result of a breach of this agreement by either party, the other party employs an attorney or attorneys to enforce its rights under this lease, then the breaching party agrees to pay the other party the reasonable attorney's fees and costs incurred to enforce the lease. Force Majeure § 16.09. Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Time of Essence § 16.10. Time is of the essence of this agreement. 15. / The undersigned Lessor and Lessee execute this agreement on June 1991, at Round Rock, Williamson County, Texas. ATTEST: nne Land, City ecretary 16. LESSOR: City of Round Rock, Texas By: Gl /�bG'+- — Mike Robinson, Mayor LESSEE: vo1.19357a6(968 N)e(r A' DECEMBER 21, 1989 JOB NO. 890 - 0100 -30 FIELD NOTE NO. 890 - 0100 -1 BOUNDARY DESCRIPTION FOR OAK BLUFF ESTATES COUNTRY CLUB FIELD NOTES A DESCRIPTION OF A 16.604 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 WILLIAMSON COUNTY, TEXAS BEING AN UNNUMBERED LOT WITHIN BLACK D OF OAK BLUFF ESTATES PHASE 2, A SUBDIVISION WHOSE PLAT IS RECORDED IN CABINET F, SLIDES 253 THROUGH 259 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 16.604 ACRE TRACT BEING THE SOUTHEASTERN MOST PORTION OF SAID OAK BLUFF ESTATES AT THE SOUTH END OF TWIN RIDGE PARKWAY, A VARIABLE WIDTH RIGHT -OF -WAY (R.O.W)'DEDICATED BY SAID PLAT, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found at the most southerly corner of Lot 75 of the said Block D on the northeasterly R.O.W. line of the said Twin Ridge Parkway for a westerly corner hereof; THENCE along the southeast line of said Lot 75 for a westerly line hereof N 49'58'54" E, 304.90 feet to a fence corner post found at the most easterly corner of said Lot 75 and an interior corner hereof; THENCE departing the said southeast ■dine of Lot 75 along the northeast lines of Lot 74 of the said Block D and the said Lot 75, as generally fenced, N 50 W, 244.77 feet to a fence corner post found at the most northerly southeast corner of Lot 71 of the said Block D for a westerly corner hereof; THENCE departing the said northeast line of Lot 74 along the east lines of the said Lot 71 and Lot 70 of the said Block D, as generally fenced, N 07'43'36" W, 171.76 feet to a fence corner post found at an interior corner on the easterly lines of the said Lot 70 for a westerly corner hereof; THENCE departing the said east line of Lot 70 along a southeasterly line of the said Lot 70 and Lot 62 of the said Block D, as generally fenced, N 31'05'18" E, 94.12 feet pass a 1/2 inch iron rod found for the most easterly corner of the said Lot 70 being the most southerly corner of the said Lot 62, in all a distance of 167.16 feet to a fence corner post found at an interior corner of the said Lot 62 for a northwesterly corner hereof; THENCE continuing along said southeasterly line of Lot 62 and Lot 61 of the said Block D, as generally fenced, N 73'49'43" E, 129.18 feet pass a 1/2 inch iron rod found for the southeast corner of the said Lot 62 and the most southerly corner of the said Lot 61, in all a distance of 262.91 feet to a fence corner post found at the southeast corner of the said Lot 61 on the west line of that certain 15.00 acre tract of land conveyed to Paul F. Haass, Jr. by deed recorded in Volume 638, Page 152 of the deed records of Williamson County, Texas, for the most northerly corner hereof, from which a 1/2 inch iron rod found for the northeast corner of the said Lot 61, on the west line of said 15.00 acre tract bears N 01'02'02" W, 57.59 feet; THENCE departing the said southeasterly line of Lot 61 along the west line of said 15.00 acre tract being an east line of the said Block D, as generally fenced, the following three (3) courses: 1. S 01'02'02" E, 269.13 feet to a 1/2 inch iron rod found, Page 1 of 3 Eux��)r A' 1935pm969 Field Note No. 890 - 0100 -1 2. S 01'02'45" E, 357.86 feet to a point near a fence post found at the south end of said fence, near the waters edge of a Conservation Pond, and 3. Continuing along the west line of the said 15.00 acre tract crossing the said conservation pond S 00'26'23" W, 139.28 feet to a point for the southwest corner of said 15.00 acre tract and an interior corner hereof; THENCE departing the west line of the said 15.00 acre tract crossing the said conservation pond along the south lines of said 15.00 acre tract, another 15.00 acre tract of land conveyed to Paul Haass, Jr. et.ux. by deed recorded in Volume 847, Page 678 of the said deed records, and that certain 10.868 acre tract of land conveyed to Stephan L. Sheets, et.ux. by deed recorded in Volume 1086, Page 792 of the said deed records N 88'38'26" E, 623.18 feet to a point for the southeast corner of said 10.868 acre tract; THENCE departing said south lines Continuing to cross said conservation pond along the southwesterly lines of that certain 92.50 acre tract conveyed to Louis Schroeder by deed recorded in Volume 364, Page 206 of the said deed records the following two (2) courses: 1. S 41'49'55" E, 304.28 feet to 4 point, and 2. S 11'52'41" E, 313.07 feet to a point for the southwest corner of said 92.50 acre tract being the northeast corner of that certain 582.35 acre tract of land conveyed to Ben Franklin Corp. by deed recorded in Volume 1020, Page 812 of the said deed records for the southeast corner hereof and of the said OAK BLUFF ESTATES PHASE 2; THENCE departing the southwesterly lines of said 92.50 acre tract along the south lines of the said OAK BLUFF ESTATES PHASE 2, BLOCK D, being the north lines of said 582.35 acre tract, as generally fenced, the following two courses; 1. S 88'43'58" W, 501.92 feet to a 1/2 inch iron rod found, and 2. S 88'55'50" W, 379.77 feet to a 1/2 inch iron rod found for the most southerly southwest corner hereof; THENCE departing the north line of said 582.35 acre tract, being the south line of OAK BLUFF ESTATES PHASE 2, crossing the southern most R.O.W. line of the said Twin Ridge Parkway, N 01'06'20" W, 110.00 feet to a 5/8 inch iron rod set at the most easterly corner of said Twin Ridge Parkway for an interior corner hereof; THENCE along the northeasterly R.O.W. lines of said Twin Ridge Parkway for the southwest lines hereof and of the said Block D the following three (3) courses: 1. a distance of 150.35 feet along the arc of a curve to the right whose radius is 146.22 feet, central angle is 58 ", tangent is 82.58 feet and whose chord bears N 61 W, 143.81 feet to a 5/8 inch iron rod set at the point of tangency, 2. N 32'01'43" W, 332.55 feet to a 5/8 inch iron rod set at a point of curvature, and Page 2 of 3 0011935w970 E><eor Field Note No. 890 - 0100 -1 3. a distance of 127.80 feet along the arc of a curve to the left whose radius is 912.18 feet, central angle is 08'01'39 ", tangent is 64.01 feet and whose chord bears N 36 W, 127.70 feet to the POINT OF BEGINNING containing 16.604 acres of land more or less. THE STATE OF TEXAS COUNTY OF TRAVIS That I, William H. Ramsey, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that the above description is true and correct to the best of my knowledge and that the property described herein was determined by a survey made on the ground under my direction and supervision. ' WITNESS fly HAND AND SEAL AT Austin, Travis County, Texas this the day of � , 1989 A.D. Registered Professional Land Su Lichliter /Jameson & Associate 811 Barton Springs Road, Sui Austin, Texas 7870t1-1164 STATE OF TEXAS COUNTY OFWILLIAMSON I hereby certify that this Instrument was FILED •oa the dale and al the lime stamped hereon by me: and was duly RECORDED. in the Volume and Pape of the named RECORDS of Williamson County. Texas, as stamped hereon by me, on SEP 4 1990 KNOW ALL HEN BY THESE PRESENTS: r, - — rr ° —m E c z o `` w }o �xxrJ ^� N� v R x \ �o COUNTY cr cov k _ WILLIAMSON COUNTY. TEXAS Z Page 3 of 3 WILLIAM H. RAMSEY • 4532 r Gm er se �� ;�y0✓5 TX - O P—A1 1 0014 6 2):1 Em.'es-Zit ; Owner Policy Texas Form T.1 Rev. 1985 xx,3•"117.., Cover Sheet r.:1. '4 • " 411,, , • . , • • , 11;.; Owner Poycy.Form Prescribed by Slate Board ol Insurance el Tease '••••:* 4 ` • " •rw r ■1.4ri • .• _ . . . t RE n fCo pan t Ju rc es;' Gziara :ty, p '�}Iomc Office• 1 '�' `, ¢J'.c•SfIE .la>J lano'�Texa ��- (E, „ , 1 y.'..� v ' n y "/ly z t , , , • • ' :. 4. '1 • -f' •• i' ,v ,n:7$:�4 atl.;,,�;j'. ; n i f' 1 ` r •s' " G{ OWNER POLICY OF TITLE INSURANCE 1 y: {. :� '` a e, _ y z ;�•` , ' ' ^. ' : r I7 ! /. e:$•';;*i °P. ii.'.ib... ,�'° }4Y?<,t -' I y - 2 F vK4 �i �� 1 3 • • !� . /• ° ": 1,:'.' +: :5 •.TITLE RESOURCES GUARANTY COMPANY, A TEXAS ,*w•'t g ±n`y. 1Tre:1i - ' Corporation', hereinafter called the Company, for value does hereby guarantee to the Insured (as heroin deflned)Ihal as of the date hereof, the Insured has good and Indefeasible title to the estate or Interest In the land described or referred -; to In Ihls p I. •Alo' •.• In ': ?•: e I r loss M Inr L M' no ;; ' :The Company shall not be liable a greater amount than the actual monetary foss of l th Insusu In no no evventnt i shall (he Company be liable for more than the amount shown In Schedrho ' A hereof _and shall; except as hereinafter- •iI: slated, at Its awn cost defend the Insured In every action or proceeding on any claim against, or right to the eslale oi Interest In the land, any part thereof, adverse to the 1111e to the estate or Interest In the land as hereby guaranteed;, but the Company shall not be required to defend against any claims based upon matters In any manner excepted under` b • `; .,1 1hls policy by the exceptions In h 2,'t,, Schedule B hereof or excluded by ParagrapExclusiona Irom'Coverage'ofjlhls] ,aj, Policy, orthelCondlllons and;Sllpulalions, hereof; The party or partles_ entitled:' (o;such,delenseishall:wlthInle( -• reasonable time alter the commencement of such action or proceeding, 4 n lriample time for defense thereln` ;give the, Company written notice of the pendency of the action or proceeding, anp authority (o defend, The Company shall nalt r l ' be liable until such adverse Interest; claim; or right shall have been held,valld by a court of last resort to which elthert r`• litigant litigant may apply and 11 such adverse Interest; claim, or right so established shall be for less than less (had above as shall bear, the same ratio to the whale liability t aCompany he adverse Interest,claln( or may i bear Id he 'whole estate or Interest In the land, such ratio to be based on respective values determinable as of the date alp! policy. In the absence'of noIIce'as•aforesald,: the Company Is relieved ;from'all`Ilabllily wifhlrespectf(o any'suc ; „ ;• Interest, claim or right; provided, however; that failure to nobly shall ,1151 preludlce the;rlghts oL the If 30314 Insured shall not be party to such action'or proceeding, nor be served with process' therein ;nor have any knowledge : r , t . (hereof, nor In any case; unless the Company'ehali be actually prejudiced by ch,faflure. 14' I 1 ,4a ::n 1 :i• 1' 1 Upon sale of the estate or interest In the Ind, this policy i 7,.3�d na - ?y',a '•:,.H the Insured shall fora period of twentyfive Yaulomalt h ye of rupa i shall becomea to t he 7 terms hereof;by reason - of the payment - of any'foss; he, they or it.rhay!susfaln'o_rl' ac i n count of: ny wan nly of lltle contained In the transfer or conveyance executed by the Insured 'conveying or Interest In' the IandtThe •' "f Company shall be liable under said warranty only by reason of defects; Ilens or encumbrances existing :tiy f, u Ihe'date hereof and not excluded either by the exceptions or by the Condllloys and StIpulallo s hereo , such•Illabillt y t' nol'lo ex -ceed the amount of Ihls'policy:.,"Xt14411:1 1•(t_: ,¢1:•uwet.„,,^ti x•.• V- R y } ".�• e'IN WITNESS H F'the TITLERESOURCES GUARANTY COMPAIyy hasc used hl policy executed by its ,•'� , President under' therseal' oljthe /Company; butllhls policy Is.11o valid•,only4whed}II-b rs9antauthorized • c ounterslgnature; as•ol the dale sal fort • In Schedule A. } ;'t/ 4 „ ny1!ftFia3 ; 1 y 1 ' y ;.":1.' ,b ) a. ,, e "'r �(, ?r"s e • y,fK>< , f g 3 --- ^ L r`��•4 ° h•. v: ..t "ii' t .ur! �V•._b'�J4"rGc� ',Z:. fI =w� r 'f; 9u_ Owne Polley • Texas (.4 Ran. 1985 s proscribed 49 Biala Board of Insurance of T r Fk,2 , - :.r .. .':r' wr..r w ' „.•(tr. -_. ,��..,r ss.>_....,o.,..•,._.. ,, 1R'',• H 6' *4 r rar r 7 1 • i.s ••• r ..!....i.t'll,.......t11- lionle Office . Plano,ITexas tbg ybitit ` ..-% ! f;Iiiit,......,NDITIONS'AND STIPUCATIONSI, ILIT?:■itz . ),.Tr.r: , c‘ ' 1. De Iln1116ns . ' I• 1 < • ■ ' ' '1r .., - .. i: i:= valld and not hatred by lew or statute, The Company .. .11 nollf the • • ills following terms when used In this poky mean: i • 1 • '• . . er, fritleed in writing, wilhin a resaonad. Ihne. 0/ Ita delefmination 10 Is ......• Id "land The land desCribed, 30501110ally or by teleran...In Sehedule A 1, ••••' the validity or Invalidity 01 the Insurecre dekh or enatge Under the ..1 and Improvements allived thereto whIch by law ennalliute real property , * 40 11 the Compaq concludes 1011 the lien, encumbrance, Meas. 1 1 (b) "Public recordo Those records which Impart constructive notice 01 .1 ' . . , _ . o : t. claim or defect Isnot covered 111 Ihis policy,. was othenvIssaddsessed .s.1 matters relating to the land .5 ,..,• In the clooing of the transaction In connection with whleh Oda policy .,„- (e) - knowledge - 5 actual knowlede. no4 constructive knowledge or notice i " t‘ 1 Iew.d. ibd Company .n • .tddidebY dddee 0I. . o ... 01 the t vont. relay be Imputed to tile In/lured 07 101000 ol any public record ...1 4; - .... reasons for Its datormlnallon. 11 the Company concludes 1011 0'. lien,. ad - dab, The dinette. date. Inclueinp hour 11 a.7.0111.9. (el - Insured - . The Insured nain. . In Schedule A and, subject to any ri0M. .1:Orl'illt7s711:.'eriZZV:InT. 7;11t71:1 11: ' 0 'd n ' et . C s rrZ "." ' It. C ,:_ 1' or [Mt ..... Itle Company may have had against 175 named Insured or. "1:l '".7# 0lea, ihe lien, encumbrance. adverse cialm or ne/ect horn.. title to. . . any 401100 Of entity who scrounge. to 1110 1,11.1031 01 sudi named '. *elate aa Unglu upon peyment of approped, (21 Indemnity the Ins.. ee provIded In this policy; p) r...„ • 4 ii'.it • e current then,. of to • euheeguent owner, mortgagee ocholdee el the • rtsla premium and charges Iherefor.lowe to the ..,.. or Interest n na l I I and Insured by this 701101.'. 0 0114.1, i rr, ' - hake,' devisee.. distribuleas.5 executors ..and . 00 1104 I0bI amount equal to the current value of the D ) 5 the oneness. In Interest lo • corporation resultIng horn merger or, property 0,11 8 mortgagee policy, the amount 01 the 'owe (1)1Menenlly po • Caconifolidepon or in. distribution of the 00000 a ot wen corporatio,4,1,,q, another lido ineurance compuy In connection will, itelaauenee of a, un par. or compl•i• IloUld•Ilon,f -• .1.11 ..• .....„.•lor• Pt, tri.l0;rfipol100(.1101-.110•Pfn•oranc• a without •• pie th• pannarahlp succo•sors In Inlar•ar ta • general 00 110 -..• .. •:-.•-■,. *numb., •drerS• <ham Or defect (SI eL p partneranip which Weenie., hut does not terminate, I : document discharging the lien. encomor 11.0 ...doe o e '''''''''''' 0 V) the succ•osors In tni ''''' lo • general or limited partnership or (giundenakes combination of 1. through 5. hereln • • ' • • 000011110 front the 01.11.1100 of the assets of such general or 10 V.... the ComItenY dud het...9M enY actton . W.I... . . .•, limited partnership upon pante] or <Canal. iipeldalinn. , defense as requited or permitted by the provisions 01 1010 policy, the • ... (v) Ihe aliCese3Ora In 101..01 to • joInt venture reaulting horn the I : ,COmPent may pursue .ny such 11110111w to finel determination by • s distribullon of the assets or such loin( venture upon partial or , 1 .. Cour?! competent Jurisdiction and ...ally reserves the dght. In Ita '5.• ;.complole liquidaton, i • . 1,1. , • • r, o .3 I 5 sole 'scroll.. to lipped from any .dvers. lodgment or order,: s • 0 •• . lvf) Ins ■UCCIIIISOI or subotilUte 1.11100 01 a /Melee named In a wdtten . .. (a) Whenever requeete0 by the Conth.ny, such Insured 10,011 sive lhe's-.1,, in.u • 101 • .....i 1.4g.,;,... w , • • A/ •1... Company all reaannable aid In•any soc.h action or aedi ; '4 ,7 11 , .t. Oil) the evenness. In intoned to a trum1.5 or tfusi fesollinp from Um . 11 . •llecling 1 eeltle.nent,‘”wurIng savIdenetooblarning •wIlnewee,f or' , ...1;::.,1,rdlairibution of all oriparti 01 ..1 1h...weal.el e0000 , hust ,tonhe..12 proaecuting or defending ouch adlon or proceeding, and the Oompany• _: ,- 51...i(tbe •neficiasiss thenrof..,,s, .i,,, s.....54 040 .1 is .0111 reimburse such Insured for any 510015 50 I0c0ned.1.310PO4l• .4 ,r, i ■ 2.000) Cons Irons the Coverage of 1111s Pollcy:P..e,..- ' b Any action he taken by . Company I or the hall delensa al Me Insured ce ul Thla pulley does not:Iur nse .againet Jose. . damage by reawri.„0lho l 5 . conc de liability o[weive eny provision 01 1151. parley 1 Alah t tide .,Insured, or both, a not e constmed as ant 1 alon of liability:and the Company shall not thereby:be held I. ) gr,t.t. (e) LACK OF AO EOUATE TITLE IN THE INSURED PROPERTY TO :f.4. . 4 , u ALLOW IT TO SE IJSED, SOLD, TRANSFERRED, LEASED OR . ..A.... ., 4 'FI yment .1..,...ir .41 MORTGAGED. FOR ' ANY !PURPOSE. INTENDED BY 4 THE ,., „,.., ° L k '', ''''''''"" °°' 11. , " ' I t i ," br. „' ,,.... " „ 1 , 1 P '', 1 ,‘ ,.. •",,,,.,.,' o ii , q : INSURED NOR ;LOSS I OF:OPPORTUNITY OR ECONOMIC41:" Zi ..:::.....?.7=.7.7: .., imsY UP ECTATION.Wczt4oW - 44(Dtkir0*(giiIN/74M ; .e. , f, - - '',;■'...;, . .,, , ,,,. :.:4;y- - 7. - iw„,1,..:,;,;,,,Th 7107,6;,,,.. .."1,.1b) Governmental right. or ponce powororeminent dom I I 91 ' • . newels* of such rights app... In 1115 publIc records at the date ro lento; and the amount 01 1011 policy shad be reducer, by any mount i Carney lees and *Keene., shall reduce Ihe amount or the InUrsoce re 07.0:1 , he T.D.,' nue Pe0 Ontl.t .Y00107..4.0 the velidny cg ethane, of d *17.11101, or right. oesened by anyone including, but not ilmiled 5 , .. persons. 001011110110. government. or other entitle. to tidelands, or • 5 reured which Is • charge or lien on the lend, and the amount .9 pilaf y• en excepted to herein or any Instrument hereallereaseuted by Use t ehall be deemed • payment lo the Mewed under this polloy)Sigg. a • y I lend. comprising the shore.. bed. of navigable or perennial deem end . *The Company shell hoe the °piton 10 PAy .I..11,......PM.11.10“.1 1 .,7 Vr'ir07=111Wglloug=01triiel1.7(==r1 ilin:,..'., • • (5 (410 name of the Insured any elelm Insured against by Ilge penny, • suCh payment or tender of payment, together with ell coeloyallorney talf, l 1 5 ,•, •ol the. harbor or bulkhead Ithee as established or changed by any ;,..• Hea and expanses which the Company Is obilgaled hereundeito pay, 1....11 government... /111.-In land., or artificial Islands,. to riparian right.,1■ shell terminste ell Ilabillly of the Company hereunder . to Well del.!, • ••;0 01 MO dente or intere St or .51410 al TOM Of the public generally in . , Further, the payment or lender of payment 01 the Nil afriOenl of l.'s,. • I h n e:t .. . , 741 1 1 1 p d , ir ,, T .,, t . /10 . 11;151 .. o . 1 z•5:5v lz of .i, policy by the Company.. termlneto .1111.110y of the CompanY und.C1S ' anc 1 across. same .. ,{ 051 DodePaWlY .y.t 5, eeated, sulfated. esaomed or agreed to by the Insured; (2) not known t • elects, lien,. encumbranew adverse claim., 01 other' mallow (Ii, Whenever the Company shall have sallied • clam under (Nanette, all 1 right of subrogation shall Wel in the Company unaffected by any acid, .. he Company and not ahown by the public reconls hut known to ih 11 end 11 WWI be subrogated to and be entitled In all right. and •,., 1.1,10.1. either 11 the date 01 IhIs policy otlal the date theinsured , trpellea 01 ihe In... against any parson or properly bitespect led v , acquired an estate. lidded Insured by tine policy end not diadowd In 1 , 11 eloi d relu m es . 1;d .. by .9 11%.:7 y an . y . , , ...hai n 1 riling by the Insured lo the Company prior lo the date such Inwred nePOSSIIP/ In OrnOf 10 puled such right 01 wbrogation, end shall permit A came an Insured hereunder: 01 'owning in dem'. to m Company to ow then.. of the Ina.. In anytoraneaction.orj• t !ITU= Parl'Ald01dPVIOr. ao l palter Inflir0(r11 00 1Ing Of h le b LP= 31.45:0111 ti d 0:7A . 11141 111:=14 , alley Enre Contaell*kklif,k/AtMg! litigation Involving wch righla orjernediestkiar51 • .. fi t, . any ono,. ol any Insured .kherr,y 144•31.L.,„0014340r .5: 01 the homestead or communityproperly or wevivorship finale, II an y actIon;wlions rights of action lhat the Insured may hoe, Dime illfi ng..galnol the Company, out of the otstua of the tide Insuredi.. k. r I 3. Defense end Prosoculloo ol AelIons,;n1Lreik.A... reunder, must be bawd an the provident, al this policy... ell nolicees ,••• • ; 14, 04) In sit cases where this policy.010es led the def.. o( Any a.ellon died lo be given the Company. and any atalemeni in wdlIng mulled to. y . 0...` . p p nd .;:za :n :In...cure t: 111: Grimy Ow :JOU 10*. sclguarlers„ 701 E 15th 61teel;Plano, 75071, (n ...so. P.O.. Olumloh.0 1 the SCompany,. shall4beladdrosaed 1•10 tits 1, norpausta,'1 . PY ), O Penult II to We 0 Ils.:411 :L Voast 1 , m .12<ii.004,1,.04, .I.Thls policy Is not trans lerablo.kww ' 4 .,j tie The Company eh. have the nem to wind couneel of ils own choice .COMPLAINTNOTICE:iiSHOULD ANYitOISPUTE / : ,.., ., , ....v " ...'.° ' .". s ' n ' ...n ..°'°?."..... r..,..• l'f," ARISE ABOUT YOUR PREMIUM OR ABOUTA;CCAIM -, ,;..,. e....1 snail haf• Porn131•10 comma of odd defense...-. 1,45,10N 1 .1 • ,Fg(e) The Company snail hare the iloht al its own coet to Institute and wilhoot ZYYOU k HAVE4FILED,V AGENTe OR; ,t • ,t,11,. undue delay prosecute any action or proceeding at la do Any other ut ..,/ WRITEVO VTR ETSCOMPANYSTHATilSSUEOPHES.c.i.;. i ,.,*•• ,:, mu. In its opinion may be necessary*, desire. to ',stabil. the litlely 1.0 , 1, • ..... to the estate or !Mewl 413 !neut.. and the Company may take an . 'Or POLICY:IF THE PROBLEM IS NOT RESOLVED:YOU • -'• • • . appropriate wit. under lha term. of the policy. whether or nol II shall' , r • MAY ALSO WRITE.THE STATE BOARD OF INSUR. be I able lhareundeh and shall not thereby concede 1100111170r wale. soy (ANCE, DEPARTMENT C 1110 SAN JACINTO :AUS-3 prOvIllori of Vila ppliCy. Whan, aller the dale 01 the policy. the :Pawed , . no, N. TX 78786.;T44IS NOTICE OF COMPLAINT-PRO 1100 ' or oil,. defect in illie to the eatale Or In ..... 117 iholand.u. ( • ( .:CEDURE IS FOR INFORMATION ONLY 'AND DOES ay 15.cy which la nol excluded or excepted i10171 the coverage 01 :f • • - NOT BECOME A PART OR CONDITION OF determine ...cher ins Iln encurnorance, adverse clatm or wed is 1 . 2 POLICY. 1 I .41 < ; • • • " Owner Polley • Tn.. Rom T•1 Rev. 1505 • • , . . • Owners Policy as prescribed by Stele Sown of Insurance of Texas Vat x _Your, policy'providesovaluable title potection Please keep 'earel119# 1: future referce -=:- .busines sllotiThave:" ttions concernipg,the:protection provided b4thisIpollcy, iplease'contacrue `' i- 44 1 , :' • : i, , 7 SCHEDULE A CF N0. 908935 OWNER POLICY NO. 11001462 DATE OF POLICY: August 31, 1990 AMOUNT: $346,101.00 TIME OF POLICY: 8:00 AM NAME OF INSURED: City of Round Rock, Texas PAGE: A —I 1. THE ESTATE OR INTEREST IN THE LAND INSURED BY THIS POLICY IS: (FEE SIMPLE, LEASEHOLD, EASEMENT, ETC. — IDENTIFY OR DESCRIBE) Fee Simple 1 2. THE LAND REFERRED TO IN THIS POLICY I5 DESCRIBED AS FOLLOWS: Being 16.604 acres of land, more or less, being out of the Robert McNutt Survey, Abstract No. 422 in Williamson County, Texas, being more particularly described by metes laid bounds in Exhibit "A" attached hereto and made a part hereof. HERITAGE TITLE CO. OF AUSTIN GF NO. 908935 OWNER POLICY NO. 11001462 HERITAGE TITLE CO. OF AUSTIN PAGE: B -1 SCHEDULE D T11I5 POLICY IS SUBJECT TO THE CONDITIONS AND STIPULATIONS HEREOF, TIIE TERMS AND CONDITIONS OF THE LEASES OR' EASEMENTS INSURED, IF ANY, SHOWN IN SCHEDULE A, AND TO THE FOLLOWING NATTERS WHICH ARE ADDITIONAL EXCEPTIONS FROM THE COVERAGE OF THIS POLICY: 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (THE COMPANY 'MUST EITHER IN5ERT SPECIFIC RECORDED DATA OR STATE 'NONE OF RECORD'): None of record except the following: Cabinet F, Slides 253 -259, Plat Records and Volume 1935, Page 956 of the Official Records, both of Williamson County, Texas. 2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY ENCROACHMENTS, OR ANY OVERLAPPING OF I IMPROVEMENTS. 3. STANDBY FEES AND TAXES FOR THE YEAR 1991 AND SUBSEQUENT YEARS, AND SUBSEQUENT ASSESSMENTS FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP. 4. THE FOLLOWING LIENS) AND ALL TERMS, PROVISIONS AND CONDITIONS OF THE INSTRUHENT(S) CREATING OR EVIDENCING SAID LIEN(S): NONE 5. Electric transmission easement granted to Texas Power S Light Company by instrument dated November 1, 1941, recorded in Volume 310, Page 434 of the Deed Records of Williamson County, Texas, 6. Electric transmission easement granted to Texas Power & Light Company by instrument dated April 16, 1946, recorded in Volume 339, Page 414 of the Deed Records of Williamson County, Texal. 7. Easement granted to Brushy Creek Water Control and Improvement District No. 1 in Volume 430, Page 648 of the Deed Records of Williamson County, Texas. 8. Easement granted to Brushy Creek Water Control and Improvement District No. 1 in Volume 431, Page 284 of the Deed Records of Williamson County, Texas. 9. Electric power line easement granted to Texas Power & Light Company by instrument dated October 1, 1965, recorded in Volume 484, Page 134 of the Deed Records of Williamson County, Texas. (0. Terms, Provisions and Conditions of that Cable Television Agreement recorded in Volume 1805, Page 689 of the Official Records of Williamson County, Texas. II. Terms, Provisions and Conditions of that Boundary Line Agreement recorded in Volume 1160, Page 344 of the Official Records of Williamson County, Texas. 12. All interest in all oil, gas and other minerals reserved by James Michael Anderson in instrument dated November 9, 1981, recorded in Volume 858, Page 536 of the Deed Records of Williamson County, Texas. 13. Terms, Provisions and Conditions of that Indemnity Agreement recorded in Volume 1315, Page 138 of the Official Records of Williamson County, Texas. GF N0. 908935 OWNER POLICY N0. 11001462 PAGE: 8 -2 14. This Company shall have no liability for, nor responsibility to defend, any part of the property described herein against any right, title. interest or claim (valid or invalid) or any character had or asserted by the State of Texas or by any other government or governmental authority or by the public generally (1) in and to portions of the above described property which may be within the bed, shore or banks of a perennial stream, or lake navigable in fact or in law; or within the bed or shores or the beach adjacent thereto a body of water affected by the ebb and flow of the tide; and (2) in and to portions of the above described property which may be between the water's edge and the line of vegetation on the upland or for any claim or right for ingress thereto or egress therefrom. 15. Visible and apparent easements on or across property herein described. 16. Rights of parties in possession. COUNTERSIGNED: HERITAGE TITLE CO. OF AUSTIN A IC ATUR�� -L_ HERITAGE TITLE CO. OF AUSTIN 1 • Round Utensil - } 'JoJEquipment List EXHIBIT "IS" Rock Country Club Inventory 1/15/90 150 Dinner Plates 160 Salad Plates 107 Coffee saucers 121 Bread & Butter plates 32 Soup Bowls 30 Shrimp Boats 77 Cup Bowls 15 Monkey dishes 32 Clear cup bowls 4 Stainless trays 1 Punch Bowl .../ /[aJle. 7 Stainless Pitchers 2 Plastic Pitchers 3 Large Plastic Bowls 2 Large Stainless Bowls 8 Medium Plastic bowls 14 Small Plastic bowls 11 Condiment Plastic bawls 7 Stainless syrup pitchers 19 Wicker baskets 117 Coffee cups 16 Ceramic Cream pitchers 121 Glass punch cups 5 Large waiter trays 1 23 Shrimp dish lids -' s.s. 15 Chafing Dish pans - full 13 Chafing Dish pans - half 2 Chafing Dish Pans half - plastic 16 Quarter size - chafing dish pans 2 1/3 size chafing dish pans 10 Shrimp Cocktail dish 1 Huge 30 gal. soup pan 2. Silverware wash racks 11 Plastic plate racks 6 Bus tubs 4 Glass trays 1 Heavy Duty Roaster 3 Medium Roaster 2 S.S. - Double Boiler Inserts 8 1 gal. Plastic Container DATE DATE FECt!:'E JAN 2 5 1990 LAND -!` . Lnl.i: �: �IIC'- • 2 1/2 Gal. Plastic Container 1 20 Gal. Soup Pan 4 Large sauce pan 1 Medium sauce pan 1 Small sauce pan 2 Large skillets 6 Medium skillets 4 Small skillets 5 Wire wick 1 Colander 2 China caps = strainers 5 Large ladles 8 Small ladles 11 Large Tongs 5 Medium tongs 6 Small tongs 21 Serving spoons 4 Large spatula 5 Small spatula 34 Baking sheet pans - .Large 9 Baking sheet pans - small 10 10" cake pans 2 Serving forks 3 Bundt pans 9 Small Plastic storage containers 3 Bake Potato condiment trees 9 Large plastic - storage containers 9 Large plastic storage container lids 5 Large trash cans 6 Small trash cans 157 Dinner knife 140 Coffee spoon 146 Dinner fork 206 Salad fork 2 Glass bowls 106 Shrimp /crab fork 50 Steak knife 60 Tea spoon 70 Soup spoon 95 Butter knife 9 S.S. serving spoons 1 Set cake server 3 Bread knife 2 Chef knife 10" 2 Paring knife 1 Serrated knife 1 Sharpening steel 1 Cooking spatula 1 Scraper 8 Rollers 6 Flour containers (small trash cans) 134 Water glasses 9_ • 40 Ash trays 1 32 ounce scale 1 501b scale ' 1 Canter Libra Scale 3 Measuring cups 1 Slender 1 Cocktail tray 5 Tray stands 6 Chafing dishes w /lids 5 Chafing dishes inserts 1 Round soup tourrine 4 Champagne buckets 1 Rand tabletop cooker 2 Heat lamps 1 Double handle cheese knife 2 Coffee warmers 1 Timer 1 Bell 8 Lids for square plastic food containers 2 Ice Scoup 1 Large Ice scoup 100 CHampagne glasses 5 1/2 Gal. red plastic containers 40 Salt /Pepper shakes 1 Blender 2 Sets cocktail shaker 1 Serrated vegetable knife 1 Cork screw 3 Cocktail serving trays 1 funnel 1 Bar- spoon'stirer 1 Bar strainer 1 Jigger 1 Brass ash tray 1 Stainless Steel - syrup pitcher 3 Large Igloo Ice chest 1 30 Gal. Gott drink cooler 4 High chairs 4 Booster seats 46 Large wine glass 178 Champagne glass 24 Shot glasses - rocks 65 Red wine glasses 22 Small white wine glasses 2 Small champagne 2 Etched beer glasses 101 Fted cocktail glasses 32 Beer glasses 7 Liter carafe 13 1/2 liter carage 1 Bar fruit tray 1 Gal. plastic container 3 2 1/2 Gal. plastic container 6 Martini glasses 17 Brandy snifflers 21 Cordial snifters 10 Soup bowls 28 Coffee cups 72 Parfait glasses 29 Martini glasses 1 Coffee warmer 1 Butter knife 2 Napkin holders 1 Large plastic food storage 1 Stainless steel cart 1 Brown Salad - ice mold 1 White Salad - ice mold 1 Clear Salad - ice mold 1 Clear top w/4 poles 21 Bud vases 1 Ice Tea containers 1 100 -cup coffee maker 1 Easel 2 Mops 1 Dust mop 1 Dust pan 1 Push broom 1 Corner broom 1 Straw Broom 1 Glass rack roller Kitchen Equipment 1 Elkay water fountain 1 Rheem electric water heater 1 Casio Cash Register 2 Toastmaster Soup warmers 1 2 Drawer Toastmaster warmer 1 Hot Dog Rotisserie 1 Toastmaster 4 slice toaster 1 Wells 4 slice toaster 1 Ice Cream freezer 1 Beverage air reach -in- refrigerator 1 Delfield Exhaust fan & hood 1 Ansul fire system 1 Castle griddle 1 Castle deep fryer w/4 baskets 1 Hoshizaki Ice maker 1 4 compartment sink 1 Beverage rail 1 Ice bar 2 Beverage holders 1 2 Door Beverage Air refrigerator 1 Merlin Phone control box 1 Rheem 100 gas water heater 1 Mop sink, 1 Mop bucket 2 Set -3 shelves - coated 1 Uncoated 2 shelves 1 Large Bin 3 shelve -wire 1 Large Bin 4 shelve -wire 1 Baking Pan Rack 1 Hobart Insink - disposal 1 Jackson dishwasher 1 Habco booster heater 1 Prerinse water faucet 1 True deli- fridge 1 Delfield 3 door refrigerator 1 Beverage Air refrigerator - 1 door undercounter 1 Beverage Air freezer -'1 door underocunter 1 Coke Machine w /ice bin 1 CO2 compressor for machine 1 Hobart 2 drawer bread warmer 1 Panasonic microwave 1 American Paul walkin refrigerator 1 American Paul walkin freezer Round Rock Country Club Inventory 1/15/90 1 Undercounter Beverage Air reach -in refrigerator 1 Hatco heat lamp - undershelf 1 Serving line table w /built in soup & chafing dish warmers 1 Overhead return air vent system 1 Ansul fire system 1 Bankin delux - cooking grill w /table stand 1 Garland oven w /overhead warmer & stove top 2 Dean deep fryers w/2 baskets 1 Castle 2 top burner 1 Bankin delux floor burner 1 Garland steamer 1 Garland 5 rack oven 1 Baker's table w /shelf 1 3 speed Universal floor mixer w /attachments: bowl, wire whip, strainer, dough kneader, meat and vegetable dicer. 1 Table for above 1 Table for strainer 3 3 compartment corner sink 1 Hand sink 1 Short 3 coated shelves 2 Long 3 coated shelves 2 White plastic cutting boards 5 Ruud outdoor A/C compressors 5 Attic gas heaters /Ac units 1 Fifty -foot fire hose, fireply wrench & nozzle 1 Omas meat slicer Main Office Area Round Rock Country Club Inventory 1/15/90 1 Office desk - 3 drawer 1 Plastic floor protector 1 Trashcan 1 Green w /red sofa ' ✓/z P,czo.IS 1 End Table 1 Marblelike lamp 1 Wall hanging 1 2 drawer file cabinet 1 Arm Chair 1 Safe 1 Set of Silver Coffee Service 1 4 Tray letter file 1 2 tray letter file 2 Large Rolodex 2 Small Rolodex 2 TI calculator 2 Bogen AM /FM Receiver 1 Yamaha Tape Player 1 Royal 90000 Typewriter 1 Secretary Chair 1 Electric•P.encil Sharpener 1 Tape Dispenser 1 Stapler 1 Pencil holder 2 Letter holder 1 Cork Bulletin Board 1 Paper Cutter 1 CAnon PC25 Copier 1 Trash can 2 3- Drawer desk attachments 1 3- Drawer desk (Darin) 1 Hoover Vacuum cleaner 1 0recft XL sweeper 1 4- Drawer File Cabinet 6 White skirts 1 White skirt piece 1 Large Christmas wreath 1 Microphone with cord 1 Microphone stand - adjustable 1 Alphabetized ticket control drawer -7 1 Set Bookstands - metal 1 Small Rolodex (Darin) 1 2 Tray letter tray 1 Plastic letter holder 1 Arm Rolling office chair 5 Merlin desk phones - 6 function (5 line) 1 Merlin desk phone - function (10 line) Sitting Area Round Rock Country Club Inventory 1/15/90 1 Green /Red Cushioned Couch w/2 pillows 1 34' x 8' Green w /Red Area Rug 1 1 Drawer Credenza 1 2 Drawer file cabinet (wood) 1 3 dCawer desk 3 End tables 2 Brass Lamps 2 Square Coffee table 1 Rectangle Drop leaf coffee table 4 Aqua Arm chairs 2 Red Wingback chairs . 1 Green Leather Couch 1 Green marblelike lamp 1 Pedestal w /vase (glued buffer) 1 Pedestal w /vase (free standing) 1 Oriental vase 2 Duckhead book -ends 1 Plastic trashcan 2 Brass Deer statuses 1 Electric Pencil sharpener 12 Silk Poinsettias 13 Various wall hangings 1 Wooden duck statute 1 Egret figurine 1 Brass flower pot with silks 1 Brass candlestick 1 Quartz Clock 1 Plastic floor protector 1 TI calculator 1 Brass flower pot with green silks 1 Staplet" 1 Tape dispenser Dining Room - Bar 8 Square 4 -top tables 8 Round 4 -top tables - 48" 4 Round 6 -top tables - 60" 4 8 foot Banquet tables 3 6 foot Banquet tables 3 Bar stools 1 Podium 2 Fireplace sets 32 Flamed Stitch chairs 4 Brass Ash Cans 62 Green dining chairs 10 4x8 Plywood dance floor pieces Round Rock Country Club Inventory 1/15/90 10 Pool — Outside 2 Elkay water fountains 7 Chase lounge pool chairs 6 48" round pool tables 6 concrete unbrella bases 6 Blue umbrellas 24 Pool arm chairs 1 Lifeguard stand 1 Lob —ster Ball machine 1 Roll dri 4 Shower curtains /4 Rods 1 50 Gal. Electric water heater 1 Spa gas heater 4 Diatamaceous water filter 4 2 Speed electric pump 2 Extend poles for pool 1 White lane rope 1 Hook attachment 1 Brush attachment 1 Leafmaster attachment 1 Vacuum hose 4 Tennis nets 4 Net side trashcans 8 Wind c v a screens Round Rock Country Club Inventory 1/15/90 11 STATE OF TEXAS COUNTY OF WILLIAMSON TC01326B REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between the City of Round Rock, Texas, (hereinafter referred to as "Seller ") and Mike Beneat and Joe Beneat, of Round Rock, Texas, (hereinafter referred to as "Purchaser "), upon the terms and conditions set forth herein. ARTICLE I PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land situated in Williamson County, Texas, being more particularly described in Exhibit "A ", attached hereto and incorporated herein for all purposes, together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent street, alleys or right -of -way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property "), together with all improvements, fixtures, furnishings, equipment, and other personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for said property shall be the sum of Two Hundred Fifty Thousand and No /100 Dollars ($250,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable as follows: Cash Payment in Full (a) The full amount of the Purchase Price shall be payable in cash at the closing. ARTICLE III Title Commitment 3.01. Attached hereto as Exhibit "B" is a copy of the title commitment issued by Title Agency of Austin. By execution of this contract, Purchaser acknowledges that the condition of title as set forth in such commitment is satisafactory. Survey 3.02. No less than sixty (60) days prior to date of closing, Seller, at Seller's sole cost and expense, shall cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor. The survey shall be staked on the ground, and the plat shall show the location of all improvements, fences, easements, and rights -of -way on the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have fifteen (15) days after receipt of such survey to review and approve same. In the event any portion of such survey is unacceptable to Purchaser, then Purchaser shall within the fifteen (15) day period, give Seller written notice of such fact. Seller shall promptly undertake to eliminate or modify all such unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this agreement, and the agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser. Purchaser's failure to give Seller such written notice shall be deemed to be Purchaser's acceptance of the survey. Environmental Survey 3.03. No less than one hundred eighty (180) days prior to the date of closing, Purchaser, at Purchaser's sole cost and expense, shall cause to be delivered an environmental assessment survey of the Property to determine whether or not any "hazardous materials" (as that term is defined under all federal, state, and local laws, regulations, rules, and ordinances) or underground storage tanks present on the Property. If any such are found on the Property, Purchaser shall be responsible for removing same. Seller warrants that to its knowledge, no such hazardous materials or underground storage tanks exist on the Property. 2. Inspection 3.04. Purchaser acknowledges that he has had the right to inspect the Property and that he has had full and complete access to the Property, and Purchaser has found the property to be acceptable. Limitation of Warranty 3.05. Except for the warranty of title, Seller makes no warranties or representations, oral or written, express or implied, concerning the condition or value of the property, or the improvements located thereon, including, but not limited to, any warranty of habitability, merchantability or fitness for any purpose. Purchaser has carefully inspected the Property, and by execution of this Contract, agrees to accept the Property "as is" and "where is" in its present condition. Parking Lot & Access Easement 3.06. Seller owns the Forest Creek Golf Club which is located adjacent to and immediately south of the Property. Seller will retain in the deed an easement for the continued free, uninterrupted, and perpetual use of the parking lots and passageway giving access to the Forest Creek Golf Club from the terminus of Twin Ridge Parkway. In exchange for the use of the parking lots and passageway by the patrons of the golf course, Seller agrees to provide reasonable repairs and maintenance to the parking lots and passageway. Seller's right to use the parking lots and passageway will be in common with the rights of the Purchaser to do likewise. ARTICLE IV CLOSING The closing shall be held at Round Rock City Hall, 221 East Main Street, Round Rock, Texas, on or before June 15, 1994, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying the Property, a copy of such Deed being attached hereto as Exhibit "C ". (2) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Agency of Austin, or other title company of Seller's choice, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in the commitment, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. 3. (3) Deliver to Purchaser possession of the property. At the closing Purchaser shall: (a) Pay the cash portion of the purchase price. Insurance and utility charges, if any, shall be prorated as of the closing date and shall be adjusted in cash at the closing. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller Mortgagee's Title Policy paid by Purchaser Escrow fee paid by one -half (1/2) by each party Survey paid by Seller Filing fees paid by Purchaser Attorney's fees paid by the party by whom incurred ARTICLE V REAL ESTATE COMMISSIONS It is understood and agreed that no brokers have been involved in the negotiation and consummation of this Contract. Any real estate commissions occasioned by the consummation of this Contract shall be the sole responsibility of Purchaser, and Purchaser agrees to indemnify and hold harmless Seller from any and all claims for such commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this agreement other than the liability of Purchaser as set forth in this paragraph. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this agreement, Purchaser has delivered to the Seller, the sum of Five Thousand and No /100 Dollars ($5,000.00), the Escrow Deposit, which shall be paid to Seller in the event Purchaser breaches this agreement as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) 4. enforce specific performance of this agreement; or (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, and the Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, such sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this agreement, and Seller agrees to accept and take said cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX CONDITIONED ON LEASE PERFORMANCE Seller and Purchaser hereby acknowledge that contemporaneously with the execution of this Real Estate Contract the same parties are executing a three -year Lease Agreement for the same property. It is also agreed by the parties hereto that the full and complete performance by Purchaser of said Lease Agreement is a conditioned precedent to the obligation of Seller to perform this Real Estate Contract. Should Purchaser fail to comply with any of the provisions of the Lease Agreement resulting in the termination of said agreement, then such failure shall be deemed a breach of this Real Estate Contract and Purchaser shall have the remedies afforded by Article VIII hereof. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This contract may not be assigned by Purchaser without Seller's written permission, which may be withheld for any or no reason. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 5. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of such party hereto. Texas Law to Apply (d) This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this contract. Legal Construction (f) In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This contract constitutes the sole and only agreements of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence of this contract. Gender (i) Words of any gender used in this contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context required otherwise. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. 6. Compliance (k) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that he should be furnished with or obtain a policy of title insurance or have the abstract covering the Property examined by an attorney of his own selection. ATTEST: Dated this 13th day of June, 1991. PURCHASER: Mike Beneat Joe eneat SELLER: City of Round Rock, Texas By: Mike Robinson, Mayor 7. vm k ' ' Mir '. DECEMBER 21, 1989 JOB NO. 89 0100 -30 FIELD NOTE NO. 890 - 0100 -1 BOUNDARY DESCRIPTION FOR OAK BLUFF ESTATES COUNTRY CLUB FIELD NOTES A DESCRIPTION OF A 16.604 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 WILLIAMSON COUNTY, TEXAS BEING AN UNNUMBERED LOT WITIIIN BLOCK D OF OAK BLUFF ESTATES PHASE 2, A SUBDIVISION WHOSE PLAT IS RECORDED IN CABINET F, SLIDES 253 THROUGH 259 OF THE PLAT RECORDS OF WILLIAMsoN COUNTY, TEXAS, SAID 16.604 ACRE TRACT BEING TIIE SOUTHEASTERN MOST PORTION OF SAID OAK BLUFF ESTATES AT TIIE SOUTH END OF TWIN RIDGE PARKWAY, A VARIABLE WIDTH RIGHT -OF -WAY (0.0.6) DEDICATED BY SAID PLAT, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNI1IG at a 1/2 inch iron rod found at the most southerly corner of Lot 75 of the said Block D on the northeasterly R.O.W. line of the said Twin Ridge Parkway for a westerly corner hereof; TIIENCE along the southeast line of said Lot 75 for a westerly line hereof N 49'58'54" E, 304.90 feet to a fence corner post found at the most easterly corner of said Lot 75 and an interior corner hereof; THENCE departing the said southeast line of Lot 75 along the northeast lines of Lot 74 of the said Block D and the said Lot 75, as generally fenced, 11 50'20'45" W, 244.77 feet to a fence corner post found at the most northerly southeast corner of Lot '71 of the said Block D for a westerly corner hel:eof; TIIENCE departing the said northeast line of Lot 74 along the east lines of the said Lot 71 and Lot 70 of the said Block D, as generally fenced, N 07'43'36" W, 171.76 feet to a fence corner post found at an interior corner on the easterly lines of the said Lot 70 for a westerly corner hereof; TIIENCE departing the said east line of Lot 70 along a southeasterly line of the said Lot 70 and Lot 62 of the said Block D, as generally fenced, N 31'05'18" E, 94.12 feet pass a 1/2 inch iron rod found for the most easterly corner of the said Lot 70 being the most southerly corner of the said Lot 62, in all a distance of 167.16 feet to a fence corner post found at an interior corner of the said Lot 62 for a northwesterly corner hereof; THENCE continuing along said southeasterly line of Lot 62 and Lot 61 of the said Block 0, as generally fenced, N 73'49'43" E, 129.18 feet pass a 1/2 inch iron rod found for the southeast corner of the said Lot 62 and the most southerly corner of the said Lot 61, In all a distance of 262.91 feet to a fence corner post found at the southeast corner of the said Lot 61 on the west line of that certain 15.00 acre tract of land conveyed to Paul F. llaass, Jr. by deed recorded in Volume 638, Page 152 of the deed records of Williamson County, Texas, for the most northerly corner hereof, from which a 1/2 inch iron rod found for the northeast corner of the said Lot 61, on the west line of said 15.00 acre tract bears 11 01'02'02" W, 57.59 feet: TIIENCE departing the said southeasterly line of Lot 61 along the West line of said 15.00 acre tract being an east line of the said Block D, as generally fenced, the following three (3) courses: 1. S ol'02.02" E, 269.13 feet to a 1/2 / inch iron rod found, Page 1 of 3 Equn3lr A' • vullJJor,mJUJ Field Note No. 890- 0100 -1 2. S 01'02'45" E, 357.86 feet to a point near a fence post found at the south end of said fence, near the waters edge of a Conservation Pond, and . 3. Continuing along the west line of the said 15.00 acre tract crossing the said conservation pond S 00'26'2]" W, 139.28 feet to a point for the southwest corner of said 15.00 acre tract and an interior corner hereof; . THENCE departing the west line of the said 15.00 acre tract crossing the said conservation pond along the south lines of said 15.00 acre tract, another 15.00 acre tract of land conveyed to Paul Maass, Jr. et.ux. by deed recorded in Volume 847, Page 678 of the said deed records, and that certain 10.868 acre tract of land conveyed to Stephan L. Sheets, et.ux. by deed recorded in Volume 1086, Page 792 of the said deed records N 88'38'26" E, 623.18 feet to a point for the southeast corner of raid 10.868 acre tract; THENCE departing said south lines dontinuing to cross said conservation pond along the southwesterly lines of that certain 92.50 acre tract conveyed to Louis Schroeder by deed recorded in Volume 364, Page 206 of the said deed records the following two (2) courses: 1. S 41'49'55" E, 304.28 feet to a point, and 2. S 11'52'41" E, 313.07 feet to a point for the southwest corner of said 92.50 acre tract being the northeast corner of that certain 582.35 acre tract of land conveyed to Ben Franklin Corp. by deed recorded in Volume 1020, Page 812 of the said deed records for the southeast corner hereof and of the said OAK BLUFF ESTATES PHASE 2; THENCE departing the southwesterly lings of said 92.50 acre tract along the south lines of the said OAK BLUFF ESTATES PHASE 2, BLOCK D, being the north lines of said 582.35 acre tract, as generally fenced, the following two courses: 1. S 88'43'58" W, 501.92 feet to a 1/2 inch iron rod found, and 2. S 88'55'50 ", W, 379.77 feet to a 1/2 inch iron rod found for the most southerly southwest corner hereof; THENCE departing the north line of said 582.35 acre tract, being the south line of OAK BLUFF ESTATES PHASE 2, crossing the southern most R.O.W. line of the said Twin Ridge Parkway, N 01'06'20" W, 110.00 feet to a 5/8 inch iron rod set at the most easterly corner of said Twin Ridge Parkway for an interior corner hereof; THENCE along the northeasterly R.O.W. lines of said Twin Ridge Parkway for the southwest lines hereof and of the said Block D the following three (3) courses: 1. a distance of,150.35 Beet along the arc of a curve to the right whose radius is 146.22 feet, central angle is 58 ", tangent is 82.58 feet and whose chord bears N 61'29'06" W, 143.81 feet to a 5/8 inch iron rod set at the point of tangency, 2. 11 32'01'43" W, 332.55 feet to a 5/8 inch iron rod set at a point of curvature, and Page 2 of 3 VOL 1JJJFac[gIU �zr�Iglr � 3. a distance of 127.80 tent along the arc of n curve to tho left whose radius is 912.18 feet, central angle is 08'01'79 ", tangent is 64.01 feet and whose chord hears N 36'02'77" W, 127.70 feet to the POINT OF BEGINNING containing 16.604 acres of land more or less. THE STATE OF TEXAS COUNTY OF TRAVIS Field Note No. 890 0100 -1 KNOW ALL MEN BY THESE PRESENTS: That 1, William H. Ramsey, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that the above description is true and correct to the best of my knowledge and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS MY HAND AND SEAL AT Austin, Travis County, Texas this the 2'6 . day o f Dane � iv.— 1989 A.D. Registered Professional Land Sur Lichliter /Jameson & Associate�.�Iia 811 Barton Springs Road, Sui a 400 Austin, Texas 78704 -1164 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that lids Instrument was FILED on the dale and al the lime stamped hereon by me, and was duly RECORDED. In the Volume _o end Page of the named RECORDS o1 V /illiamson Counly, Texas, as stamped hereon by me, on SEP 4 1990 ci tC-(')Uff rnl i �g4Lv TY CLERrc WILLIAMSON 8 OUt9TY. TEXAS ',I •!I I :+ Page 3 of g'r • 811LUM411. RAMSEY 4532 0 c) J^A iTS Pr 1' w o — s V ISSUED BY Title Resources Guaranty Company TITLE RESOURCES GUARANTY COMPANY, a Texas corporation, hereinafter called "the Company" hereby commits to Issue Its policy or policies of title Insurance, as Idenlltifed In Schedule A, In the form now promulgated by the Slate Board of Insurance, In favor of the proposed Insured(s) named In Schedule A, as owner or mortgagee of the estate or Interest described In Schedule A In the land described In Schedule A, upon payment of the premium and charges therefor, all subject to the provisions of Schedules A, B and C and to the Conditions and Stipulations hereof. This commitment shall be elleclive only when the Identity of the proposed Insured(s) and the amount of the policy or poll cies committed for have been Inserted In Schedule A hereof by the Company. This commitment Is solely preliminary to the assurance of such policy or policies of Iltle Insurance and the (lability and obligation of the Company to the proposed Insured shall be limited to the express terms of this commitment. All liability and obligations hereunder shall cease and terminate ninety (90) days alter the effective dale hereof, or when the policy committed for shall issue, whichever occurs first, provided that the failure to Issue such policy Is not the fault of the Company. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown In Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. ISSUED SY: 35 Commitment Form Authorized Signatory ® MIMES • EXHIBIT "B" COMMITMENT FOR TITLE INSURANCE TX -CTI -A (use of number optional) Title Resources Guaranty Company Cover Sheet ATTEST: a- , President Secretary Revised 198 CONDITIONS AND STIPULATIONS 1. II the proposed Insured has or acquires actual knowledge of any defect, Ilen, encumbrance, adverse claim or other mailer affecting the estate or Inleresl or mortgage thereon covered by this commitment other Than (hose shown in Schedule R hereof, and shall fail to disclose such knowledge to the Company In writing, the Company shall be relieved from (lability for any loss or damage resulting from any act of reliance hereon to the extent the Company Is prejudiced by (allure to so disclose such knowledge. 0 the proposed Insured shall disclose such knowledge to the Company, or If the Company otherwise acquires actual knowledge of any such defect, Ilen, encumbrance, adverse claim or other mailer, the Company at Its option may amend Schedule B of this commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to Paragraph 2 of these Conditions and Slipuations. 2. Llabli(y of the Company under this commitment shall be only to the named proposed Insured and such parties included under the definition of Insured In the form of policy or policies committed for and only for actual loss incurred In reliance hereon In undertaking In good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown In Schedule C, or (c) to acquire or create the estate or interest or mortgage thereon covered by this commitment. In no event shall such !lability exceed the amount staled In Schedule A for the policy or policies committed for and such liabllly Is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for In favor of the proposed Insured which are hereby Incorporated by reference and are made a part of this commitment except as expressly modified herein. 3. Any action or actions or rights of action That the proposed Insured may have or may bring arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this commitment must be based on and are subject to the provisions of Ihls commitment. • 4. THE POLICY TO BE ISSUED PURSUANT TO THIS COMMITMENT DOES NOT GUARANTEE THAT THE INSURED PROPERTY HAS ADEQUATE TITLE TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY THE PURCHASER NOR WILL IT PROVIDE COVERAGE FOR POSSIBLE LOSS OF OPPORTUNITY OR ECONOMIC EXPECTATION. IN THE EVENT OF A PARTIAL FAILURE OF TITLE, WHICH MAY SUBSTANTIALLY AFFECT THE USE OR MARKETABILITY OF THE PROPERTY, THE COMPANY MAY BE REQUIRED TO PAY ONLY THE PRO - RATA PART OF THE AMOUNT OF THE POLICY TO BE ISSUED WHICH THE TITLE DEFECT BEARS TO THE ENTIRE INSURED PROPERTY. COMMITMENT FOR TITLE INSURANCE Title Resources Guaranty Company Home Office: Plano, Texas Title Resources Guaranty Company SCHEDULE D You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you Additionally, the name of any person, firm, or corporation receiving any sum from the settlement of this :ransactlon will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium' Is: Owner Policy $ Tn t,e darerminod Mortgagee Policy $ To he determined Endorsement Charges $ Total $ Tn he derermined Of this amount* $ (or %) will be paid to the policy issuing Title Insurance Company; $ (or %) will be retained by the Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: AMOUNT TO WHOM 3 (or %) $ (or %) ' The estimated premium is based upon Information furnished us as the date of this Commitment for Title Insurance. Final determination of the amount of premium will be made at closing in accordance with the Ruler and Regulations adopted by the State Board of Insurance. The issuing Title Insurance Agent Title zvnry of n,,..rin Inc Cncynrarinn (corporation, partnership, sole proprietor, or other) whose shareholders owning or controlling, directly or indirectly, 10% of said corporation, dtrectors, and officers are listed below: ■JNERS OF 10% OR MORE OF TAOA DIRECTORS OFFICERS fAB MANAGEMENT. INC. • Jane Ann Benton 'RAVIS COUNTY ASSOCIATES, TNC. iane Ann Renrnn, Penn A CFn Dan S Sreaklny, Fear VP Sid tJ Terry VP The Issuing Title Insurance Company, Title Resources Guaranty Company, Is a corporation whose sharehold ers owning or controlling, directly or indirectly, 10% of said corporation, directors and officers are lisle( below: Shareholders: Title Resources Corporation; Security Title Agency: Lyda Bunker Hunt Alined. Directors: William A. Kramer; Robert E. Philo, Jr.; Lyda Bunker HuntAllred; Alfred L.Ailred;John G. Rebensdorf; Lerot J. Schneider; Kathy A. Schneider; Thomas S. Eccles; J. Marcus Myers; Gary D. Shafer, Sieve Laver Officers: President - Robert E. Philo, Jr.; Sr. Vice President, Secretary/Treasurer - Dennis Eastland. Cammnm.m roe nil. ORIGINAL FOR SERVICES senww. o n.,iw wi Ill'' IIU. 1 911125000 COMMITMENT NO. : SCHEDULE C Schedule a of the policy to be Issued will also contain exceptions with respect to the following matters supposed to affect title to the hereinebove described property unless the following matters are disposed of to the satis- faction of the company et or prior to the date of the issuance of the policy: 1. Instrtment(s) creating the estate or Interest to be Insured rust be approved by the company, executed and filed for record. 2. Satisfactory evidence that no person occupying the property or any portion thereof owns or claims any therein, either personally or by right of another, adverse to the present record owner as shown In Schedule A. 3. Payment of full consideration to, or for the account of, the grantors or mortgagors. A. Payment of all taxes, charges and assessments levied or assessed against the subject estate or interest, which ar currently due and payable. c 5. Satisfactory evidence that all improvements end /or repairs and /or alterations thereto are completed and accepted by the owner and that ell contractors, subcontractors, laborers and motorialmen have been paid In full, and no mechanic's, laborer's or meter lalmen's liens have attached. 6. Any defect, lien, encumbrance or other matter affecting or supposed to effect title to the estate or interest to be insured which may be filed or which may arise subsequent to the effective dote hereof. 7. If a mortgagee policy of title insurance is to be issued, satisfactory evidence that restrictions and restrictive covenants, if any, have not been violated so as to affect, and that a future violation thereof will not affect thr validity or priority of the insured mortgage. COUNTERSIGNED: Title Agency of Austin, Inc. UTHO -777 AUTHORIZED SIGNATURE Title Agency of Austin, Inc. Title Resources tAUIL c— 1 UP'IIU. 1 91026559 • COMMITMENT NO. : O. Easement granted to Brushy Creek Water Control and Improvement District No. 1, recorded in Volume 431, Page 284, Deed Records of Williamson County, Texas. H. Term, provisions and conditions of recorded in Volume 1805, Page 689, Texas. I. Terme, provisions and Condition° o recorded in Volume 1160, Page 344, Texas. Title Agency of Austin, Inc. Title Resources PANE: U- 2 that certain Cable Televleion Agreement Official Records of Williamson County, f that certain Boundary Line Agreement, Official Records of Williamson County, J. Terms, provisions and conditions of that certain Indemnity Agreement recorded in Volume 1315, Page 138, Official Record° of Williamson County, Texas. K. Reservation of all oil, gas, and other minerals, contained in Deed dated November 9, 1981, recorded in Volume 858, Page 536, Deed Records of Williamson County, Texas, executed by James Anderson, to William E. Elmore and wife, Elizabeth Peterson Elmore. L. This company shall have no liability'for, nor responsibility to defend any part of the property described herein against any right, title, interest, or claim (valid or invalid), of any character aseerted or had by the State of Texas, or by any other government or governmental authority, or by the Public generally 1) in and to portions of the herein described property which may be within the bed, shore, or banks of a perennial stream or lake navigable in fact, or in law, or within the bed, shores, or beach adjacent thereto, of a body of water affected by the ebb and flow of the tide; 2) in and to portions of the herein described property which may be between the water's edge and the line of vegetation on the upland or for any claim or right for ingress thereto or egress therefrom. • CF 11U. I 91025000 COM4ITMENT NO. I PACE: 0- 1 8CIIEDULE B • SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL ALSO CONTAIN THE FOLLOWING EXCLUSIONS AHD EXCEPTIONS: THE POLICY WILL BE SUBJECT TO THE CONDITIONS AND STIPULATIONS THEREOF, TIIE TE8H5 AND CONDITIONS OF THE INSTRUMENT CREATIN0 THE ESTATE INSURED, IF ANY, 5110WN IN 5110EDULE A, AND TO THE FOLLOWING MATTERS WHICH HILL BE ADDITIONAL EXCEPTIONS FITCH THE COVERAGE OF THE POLICY: 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW, BUT IN ANY MORTGAGEE POLICY OF TITLE INSURANCE OR MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN, THE COMPANY WILL INSURE THAT ANY SUCII RESTRICTIVE COVENANTS HAVE NOT BEEN VIOLATED SO AS TO AFFECT, AND THAT A FUTURE VIOLATION 111080OF WILL NOT AFFECT THE VALIDITY OR PRIORITY OF THE INSURED MORTGAGE (INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION: Those recorded in Volume 1305, Page 318, amended by Volume 1684, Page 400 and Volume 1935, Page 956, Official Records of Williamson County, Texas. 2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY ENCROACHMENTS, OR ANY OVERLAPPING OF IMPROVEMENTS. 3. STAN5BT FEES AND TAXES FOR THE TEAR 1990 AND 5085410UENT YEARS, AND SU85EDUENT ASSESSMENTS FOR PRIOR YEARS OUE TO CHANGE IN LAND USAGE OR OWNERSHIP, DUE AND PAYABLE. 4. USURY OR CLAIMS OF USURY. (MORTGAGEE POLICY OR MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY.) 5. ANY RIGHT OF RESCISSION CONTAINED IN ANY CONSUMER CREDIT PROTECTION OR TRUTH -IN- LENDING LAWS. (MORTGAGEE POLICY OR MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY.) 6. NO MATERIALS HAVE BEEN FURNISHED OR ANY LABOR PERFORMED IN CONNECTION WITH THE CONSTRUCTION CONTEMPLATED HEREUNDER PRIOR TO THE EXECUTION, ACKNOWLEDGEMENT, AND DELIVERY OF THE LIEN INSTRUMENT DESCRIBED UNDER SCHEDULE A HEREOF, IF THE LAND DESCRIBED UNDER SHCEOULE A FORMS ANY PART OF THE HOMESTEAD OF THE OWNER. (MAY BE DELETED IF SATISFACTORY EVIDENCE IS FURNISHED BEFORE BINDER IS ISSUED.) (MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY.) 7. THE FOLLOWING LIEN(S) AND ALL TERMS, PROVISIONS AND CONDITIONS OF THE INSTRUMENT(S) CREATING OR EVIDENCING SAID LIEN(S): None B. (INSERT HERE ALL OTHER SPECIFIC EXCEPTIONS AS TO SUPERIOR LIENS, EASEMENTS, OUTSTANDING MINERAL AND ROYALTY INTEREST, ETC.) A. Visible and apparent easements on or across the property herein described. (Owner's Title Policy Only) 8. Rights of parties in poseeseion. (Owners's Title Policy Only) C. Electric transmission easement granted to Texas Power and Light Company, recorded in Volume 310, Page 434, Deed Records of Williamson County, Texas. D. Electric transmission easement granted to Texas Power and Light Company, recorded in Volume 339, Page 414, Deed Records of Williamson County, Texas. E. Electric power line easement granted to Texas Power and Light Company, recorded in Volume 484, Page 134, Deed Records of Williamson County, Texas. F. Easement granted to Brushy Creek Water Control and Improvement District No. 1, recorded in Volume 430, Page 648, Deed Records of Williamson County, Texas. Title Agency of Austin, Inc. Title Resources (d) OTHER PROPOSED INSURED : AMOUNT SCHEDULE A GF NO. : 91025888 COMMITMENT NO. : EFFECTIVE DATE OF COMMITMENT February 20, 1991 8:00 a.m. PAGE: A- 1 1. POLICY OR POLICIES TO BE ISSUED: (a) FORM T -1: OWNER POLICY OF TITLE INSURANCE PR0905ED INSURED: TO BE DETERMINED AMOUNT : $ • (b) FORM 1-2: MORTGAGEE POLICY OF TITLE INSURANCE PROPOSED INSURED: AMOUNT : $ PROPOSED BORROWER: TO BE DETERMINED (c) FORM T -13: MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN PROPOSED INSURED AMOUNT PROPOSED BORROWER: 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN: (FEE SIMPLE, LEASEHOLD, EASEMENT, ETC., - IDENTIFY OR DESCRIBE) Fee Simple 3. RECORD TITLE THERETO AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN: City of Round Rock 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: APPROXIMATELY 16.604 acres of land out of the Robert McNutt Survey, Abstract No. 422, Williamson County, Texas, and being a unnumbered lot in Block "D ", OAK BLUFF ESTATES PHASE 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slide 253, Plat Records of Williamson County, Texas, and being more particularly described by metes and bounds ins Exhibit "A" attched. Title Agency of Austin, Inc. Title Resources THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT "C" GENERAL WARRANTY DEED • • • • • • THAT THE CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation, hereinafter called Grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto Mike Beneat and Joe Beneat, herein called Grantee, that certain property described as follows (hereinafter the "Property "): A 16.604 acre tract of land situated in the Robert Mcnutt Survey, Abstract No. 422, Williamson County, Texas, being an unnumbered lot within Block D of Oak Bluff Estates Phase 2, a subdivision whose plat is recorded in Cabinet F, Slides 253 through 259 of the Plat Records of Williamson County, Texas, said 16.604 acre tract being the southeastern most portion of said Oak Bluff Estates at the south end of Twin Ridge Parkway, a variable width right -of -way (R.O.W.) dedicated by said plat, and being more particularly described by metes and bounds more fully described in Exhibit A attached hereto. The following reservations from and exceptions to this conveyance and the warranty made herein shall apply: (1) All easements, rights -of -way and prescriptive rights whether of record or not, pertaining to any portion(s) of the herein described Property; (2) All valid oil, gas and mineral rights, interests or leases, royalty reservations, mineral interests and transfers of interest of any character, in the oil, gas or minerals of record pertaining to any portion(s) of the herein described Property; TC01326A Page 1 of 3 (3) All restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items of record pertaining to any portion(s) of the herein described Property, but only to the extent that same are still in effect; (4) All presently recorded instruments (other than liens and conveyances by through or under the Grantor) that affect the Property and any portion(s) thereof; and (5) Ad valorem taxes and assessments for subsequent years, the payment of which Grantee assumes; and subsequent assessments for this and prior years due to change(es) in land usage, ownership, or both, the payment of which Grantee assumes. (6) An easement for Grantor and Grantor's successors and assigns, in common with Grantee and Grantee's successors, for the free, uninterrupted, and perpetual use of the parking lots and passageway described in this paragraph and located on the property. This easement is located on the property described as follows: (Description to be determined from survey provided for in the Real Estate Contract) TO HAVE AND TO HOLD the above described Property together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever and, except as to the reservations from and exceptions set forth in this instrument, Grantor does hereby bind itself and Grantor's successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said Property unto the said Grantee, its successors and assigns, against every person'whomsoever lawfully claiming or to claim the same or any part thereof. WITHOUT LIMITING THE FOREGOING WARRANTY OF TITLE, GRANTOR MAKES NO WARRANTIES OR REPRESENTATIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OR VALUE OF THE PROPERTY, OR THE IMPROVEMENTS LOCATED THEREON (IF ANY), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. GRANTEE Page 2 of 3 HAS CAREFULLY INSPECTED THE PROPERTY, AND BY THE ACCEPTANCE OF THIS DEED, ACCEPTS THE PROPERTY "AS IS" AND "WHERE IS" IN ITS PRESENT CONDITION. Executed this day of , 1991. CITY OF ROUND ROCK, TEXAS ATTEST: Joanne Land, City Secretary MAILING ADDRESS OF GRANTEE: THE STATE OF TEXAS COUNTY OF WILLIAMSON By: ACKNOWLEDGEMENT • • • • Mike Robinson, Mayor This instrument was acknowledged before me on the day of , 1991, by Mike Robinson, Mayor of the City of Round Rock, Texas, on behalf of said city. Notary Public, State of Texas PrintedName: My Commission Expires: Page 3 of 3 vm.1ulnimlaubu ' - extioir A' DECEMBER 21, 1989 JOB NO. 890- 0100 -30 FIELD NOTE 110. 890- 0100 -1 BOUNDARY DESCRIPTION FOR OAK BLUFF ESTATES COUNTRY CLUB FIELD NOTES A DESCRIPTION OF A 16.604 ACRE TRACT OF LAND SITUATED IN THE ROBERT MC1IUTT SURVEY, ABSTRACT NO. 422 WILLIAMSON COUNTY, TEXAS BEING AN UNNUMBERED LOT WITHIN BLOCK D OF OAK BLUFF ESTATES PHASE 2, A SUBDIVISION WHOSE PLAT I0 RECORDED IN CABINET F, SLIDES 253 THROUGH 259 OF TIIE PLAT RECORDS OF WILLIAIISON COUNTY, TEXAS, 5AID 16.604 ACRE TRACT BEING TIIE SOUTHEASTERN MOST PORTION OF SAID OAK BLUFF ESTATES AT THE SOUTH END OF TWIN RIDGE PARKWAY, A VARIABLE 610311 RIGIIT -OF -WAY (R.O.W) DEDICATED BY SAID PLAT, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINN1NG at a 1/2 inch iron rod found at the most southerly corner of Lot 75 of the paid Block D on the northeasterly R.O.W. line of the said Twin Ridge Parkway for a westerly corner hereof; THENCE along the southeast line of said Lot 75 for a westerly line hereof N 49'58'54" E, 304.90 feet to a fence corner post found at the most easterly corner of said Lot 75 and an interior corner hereof; THENCE departing the said southeast fine of Lot 75 along the northeast lines of Lot 74 of the said Block D and the said Lot 75, as generally fenced, N 50'20'45" W, 244.77 feet to a fence corner post found at the most northerly southeast corner of Lot 71 of the said Block D for a westerly corner hereof; THENCE departing the said northeast line of Lot 74 along the east lines of the said Lot 71 and Lot 70 of the said Block D, as generally fenced, N 07'43'36" W, 171.76 feet to a fence corner post found at an interior corner on the easterly lines of the said Lot 70 for a westerly corner hereof; THENCE departing the said east line of Lot 70 along a southeasterly line of the said Lot 70 and Lot 62 of the said Block D, as generally fenced, N 31'05'18" E, 94.12 feet pass a 1/2 inch iron rod found for the most easterly corner of the said Lot 70 being the most southerly corner of the said Lot 62, in all a distance of 167.16 feet to a fence corner post found at an interior corner of the said Lot 62 for a northwesterly corner hereof; THENCE continuing along said southeasterly line of Lot 62 and Lot 61 of the said Block D, as generally fenced, N 73'49'43" E, 129.18 feet pass a 1/2 inch iron rod found for the southeast corner of the said Lot 62 and the most southerly corner of the said Lot 61, in all a distance of 262.91 feet to a fence corner post found at the southeast corner of the said Lot 61 on the west line of that certain 15.00 acre tract of land conveyed to Paul F. Maass, Jr. by deed recorded in Volume 638, Page 152 of the deed records of Williamson County, Texas, for the most northerly corner hereof, from which a 1/2 inch iron rod found for the northeast corner of the said Lot 61, on the west line of said 15.00 acre tract bears N 01'02'02" W, 57.59 feet; THENCE departing the said southeasterly line of Lot 61 along the west line of said 15.00 acre tract being an east line of the said Block. D, as generally fenced, the following three (3) courses: 1. S 01'02'02" E, 269.13 feet to a 1/2 inch iron rod found, Page 1 of 3 1. S 88'43'58" W, 501.92 feet to a 1/2 inch iron rod found, and 2. S 8 8'55'50". W, 379.77 feet to a 1/2 inch iron rod found for the most southerly southwest corner hereof; THENCE departing the north line of said 582.35 acre tract, being the south line of OAK BLUFF ESTATES PHASE 2, crossing the southern most R.O.W. line of the said Twin Ridge Parkway, N 01'06'20" W, 110.00 feet to a 5/8 inch iron rod set at the most easterly corner of said Twin Ridge Parkway for an interior corner hereof; THENCE along the northeasterly R.O.W. lines of said Twin Ridge Parkway for the southwest lines hereof and of the said Block D the following three (3) courses: 1. a distance 06,150.35 feet along the arc of a curve to the right whose radius is 146.22 feet, central angle is 58'54'46 ", tangent is 82.58 feet and whose chord bears H 61'29'06" W, 143.81 feet to a 5/8 inch iron rod set at the point of tangency, 2. It 32'01'43" W, 332.55 feet to a 5/8 inch iron rod set at a point of curvature, and 2. S 01'02'45" E, 357.86 feet to a point near a fence post found at the south end of said fence, near the waters edge of a Conservation Pond, and 3 Continuing along the west line of the said 15.00 acre tract crossing the said conservation pond S 00'26'23" W, 139.28 feet to a point for the southwest corner of said 15.00 acre tract and an interior corner hereof; . TIIEnCE departing the west line of the said 15.00 acre tract crossing the said conservation pond along the south lines of said 15.00 acre tract, another 15.00 acre tract of land conveyed to Paul Maass, Jr. et.ux. by deed recorded in Volume 847, Page 678 of the said deed records, and that certain 10.868 acre tract of land conveyed to Stephan L. Sheets, et.ux. by deed recorded in Volume 1086, Page 792 of the said deed records N 88'38'26" E, 623.18 feet to a point for the southeast corner of raid 10.868 acre tract; THENCE departing said south lines continuing to cross said conservation pond along the southwesterly lines of that certain 92.50 acre tract conveyed to Louis Schroeder by deed recorded in Volume 364, Page 206 of the said deed records the following two (2) courses: 1. S 41'49'55" E, 304.28 feet to 0 point, and 2. S 11'52'41" E, 313.07 feet to a point for the southwest corner of said 92.50 acre tract being the northeast corner of that certain 582.35 acre tract of land conveyed to Ben Franklin Corp. by deed recorded in Volume 1020, Page 812 of the said deed records for the southeast corner hereof and of the said OAK BLUFF ESTATES PHASE 2; THENCE departing the southwesterly lines of said 92.50 acre tract along the south lines of the said OAK BLUFF ESTATES PHASE 2, BLOCK D, being the north lines of said 582.35 acre tract, as generally fenced, the following two courses: Page 2 of 3 VuLnjJI',160.)9 Field Note No. 890- 0100 -1 VOL i9J ir1GI9'YU 3 MIBIT 1 3. a distance of 127.80 feet along the arc of a curve to the left whose radius is 912.18 feet, central angle is 08'01'39 ", tangent is 64.01 feet and whose chord bears N 36'02'33" W, 127.70 feet to the POINT OF BEGINNING containing 16.604 acres of land more or less. THE STATE OF TEXAS COUNTY OF TRAVIS That I, William H. Ramsey, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that the above description is true and correct to the best of my knowledge and that the property described herein was determingd by a survey made on the ground under my direction and supervis4on. WITNESS awn) yawn) AND SEAL AT Austin, Travis County, Texas this the t'3. day of mti > , 1989 A.O. Registered Professional Land Sur• - Lichliter /Jameson & Associates.r In 811 Barton Springs Road, Sui a 400 Austin, Texas 78704 -1164 STATE OF TEXAS COUNTY OF WILLIA ISON I hereby cerlify Thal !his Inslrumenl was FILED on the dale and al the lime Vamped hrreon by nia: and was duly SEEMED, In the VOIUnIe and Page of the named RECORDS of Williamson Cooly. Texas. as slamped hereon by me. on SEP 4 1990 A aav/Tr COUNTYCLEM WILLIAMSON COUNTY, TEXAS I',I :i ' I• _ i Page 3 of 3 Field Note No. 890- 0100 -1 KNOW ALL MEN BY THESE PRESENTS: WILLIAM II. DAMSEY 4539 N NCJ DATE: June 11, 1991 SUBJECT: City Council Meeting, June 13, 1991 ITEM: 9.F. Consider a resolution authorizing the Mayor to execute a lease agreement and sales contract for the Round Rock Country Club. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: This item was covered in executive session on Monday, July 10, 1991.