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Home My WebLink About02/12/2020 - Regular Minutes - Rock Prairie Management District No. 2ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS February 12, 2020 The Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the "District") met in special session, open to the public on February 12, 2020, at 4121 State Highway 6 South, College Station, Brazos County, Texas 77845, in accordance with the duly posted notice of meeting, and the roll was called of the duly constituted members of said Board of Directors, as follows: Uri Geva — President Hays Glover — Vice President Kamal Ariss — Assistant Vice President Jonathan Stark — Secretary Mark Lindemulder — Assistant Secretary and all of said persons were present, except Director Glover and Director Ariss, thus constituting a quorum. Also present were James Murr of College Station Town Center, Inc. ("CSTC"); Cynthia Colondres of Municipal Accounts & Consulting, L.P. ("MAC"); Josh Campbell of EHRA Engineering ("EHRA"); Avik Bonnerjee and Brenda Bonnerjee of B&A Municipal Tax Service, LLC ("B&A"); Aubrey Nettles and Katie Crowley of the City of College Station ("City"); William Lewis; and Christina Cole of Schwartz, Page & Harding, L.L.P. ("SPH"). The President called the meeting to order and declared same open for such business as might properly come before it. PUBLIC COMMENT There were no comments from the public offered. APPROVAL OF MINUTES As the first'order of business, the Board considered approval of the minutes of its meeting held on January 9, 2020. After review and discussion, Director Geva moved that the minutes for said Board meeting be approved, as written. Director Lindemulder seconded said motion, which unanimously carried. RESIGNATION OF DIRECTOR ARISS Ms. Cole advised the Board that Director Ariss submitted his letter of resignation as a Director of the Board. Following discussion, Director Geva moved to accept Director Ariss' letter of resignation. Director Stark seconded said motion was unanimously carried. APPOINTMENT OF NEW DIRECTOR The Board considered the appointment of a director to fill the vacancy on the Board. Ms. Cole advised that the Board may act on the appointment of a Director to fill such vacancy without the consent or approval by the City. The Board acknowledged William Lewis, who expressed an interest in serving on the Board. After discussion, Director Stark nominated Mr. Lewis to be appointed to fill the vacancy on the Board. ACCEPT STATEMENTS OF ELECTED/APPOINTED OFFICER, BONDS, OATHS OF OFFICE AND AFFIDAVITS OF CURRENT DIRECTOR The Board considered the acceptance of a Statement of Appointed Officer, Bond, Oath of Office and Affidavit of Current Director for Mr. Lewis. In that regard, the Board was presented with evidence of the qualifications of Mr. Lewis to serve on the Board. After discussion, it was moved by Director Stark, seconded by Director Lindemulder and unanimously carried, that the Board approve said Bond, accept said Statement of Appointed Officer and Oath of Office, and appoint William Lewis as a Director of the District to serve for the remainder of the term expiring June 1, 2021. Director Lewis participated in the remainder of the meeting. ELECTION NOT TO DISCLOSE CERTAIN INFORMATION Ms. Cole advised that, pursuant to Section 552.024 of the Texas Government Code, Directors are permitted to elect to withhold public access to certain information in the custody of the District relating to home addresses, home telephone numbers, social security numbers and infoiniation regarding family members. Following discussion, Director Lewis executed an Election Not to Disclose Certain Information presented for such purpose. ELECTION OF OFFICERS The Board next considered election of officers to the Board. Following discussion, Director Stark moved to elect Director Lewis as Assistant Vice President. Director Lindemulder seconded the motion and carried by unanimous vote. DISTRICT REGISTRATION FORM The Board next considered approving a District Registration Form required by the Texas Commission on Environmental Quality ("TCEQ"). Ms. Cole explained that, in accordance with the Texas Water Code, the District is required to file said Form, which identifies the names, mailing addresses, officer positions and terms of directors of the District, with the TCEQ within thirty days after an election or appointment. She advised that, with the Board's approval, SPH will properly complete the District Registration Form and file same with the TCEQ. After further discussion, Director Lindemulder moved that the Board authorize SPH to complete the District Registration Form, as discussed, and file same with the TCEQ. Director Lewis seconded said motion, which unanimously carried. -2 543725 LOCAL GOVERNMENT OFFICERS LIST Ms. Cole advised the Board that, pursuant to Chapter 176 of the Texas Local Government Code, the District is required to, and does maintain a list of Local Government Officers, which includes the members of the Board and the District's Investment Officers in connection with statutory conflict of interest disclosure requirements. After discussion, Director Lindemulder moved that SPH be authorized to update the District's list of Local Government Officers, as required by law. Director Lewis seconded said motion, which unanimously carried. DIRECTOR TRAINING REQUIREMENTS Ms. Cole discussed with Director Lewis the training requirements for public officials. She advised that public officials, including directors of a municipal utility district, must complete separate training courses regarding the Texas Open Meetings Act ("OMA") and the Texas Public Information Act ("PIA"), within ninety (90) days of assuming the responsibilities of office. Ms. Cole presented and reviewed with Director Lewis a Memorandum prepared by SPH which summarizes the training requirements. DISCUSSION OF CONFLICTS DISCLOSURE REPORTING REQUIREMENTS Ms. Cole next presented to Director Lewis a Memorandum prepared by SPH and questionnaire regarding conflict of interest disclosure reporting and discussed same. Director Lewis executed the conflict of interest questionnaire for the District's records. BOOKKEEPING REPORT Ms. Colondres presented to and reviewed with the Board a Bookkeeping Report, a copy of which report is attached hereto as Exhibit A, including checks presented for payment. Following discussion, Director Geva moved that said Bookkeeping Report be approved and that the checks identified in the report be approved for payment. Director Lewis seconded the motion, which unanimously carried. TAX ASSESSOR/COLLECTORS REPORT Mr. Bonnerjee then presented and reviewed with the Board the Tax Assessor -Collector Report for the months ended January 31, 2020, including checks presented for payment. A copy of such report is attached hereto as Exhibit B. After discussion, Director Geva moved that the Tax Assessor -Collector Report be approved and that the checks identified therein be approved for payment. Director Stark seconded said motion, which unanimously carried. COMPLIANCE WITH TEXAS TAX CODE SECTIONS 26.17-26.18 Ms. Cole next addressed the Board concerning the new requirements of Texas Tax Code Sections 26.17-26.18, as added by Senate Bill No. 2 in the 2019 state legislative session. Ms. Cole advised that, pursuant to Section 26.17, the chief appraiser for each appraisal district is now required to maintain a publicly accessible database that contains certain information for all -3 543725 property within its boundaries. She noted that the respective taxing units, including the District, are responsible for providing most of this information to the appraisal district and for updating it as necessary. She further advised that, pursuant to the separate provisions of Section 26.18, the District is now also required to maintain, or have access to, a generally accessible website that posts certain administrative and financial information about the District and to likewise update it as necessary. Mr. Bonnerjee stated that B&A is prepared to address these requirements on behalf of the District and reviewed a proposed Addendum to Agreement for Services of Tax Assessor and Collector setting forth the terms for same, a copy of which is attached hereto as Exhibit C. Following discussion, upon motion made by Director Geva, seconded by Director Stark and unanimously carried, the Board (i) authorized B&A to perform the necessary services to establish the District's compliance with these requirements, (ii) approved the attached addendum, and authorized the President to execute same. ENGINEERING REPORT Mr. Campbell presented and reviewed with the Board an Engineering Report dated February 2020, a copy of which is attached hereto as Exhibit D. Following presentation of the Engineer's Report and discussion of the action items contained therein, Director Geva moved to (i) concur in the payment of the pay estimates as set forth in the Engineer's Report, (ii) concur in the award of the construction contracts (a) for Irrigation facilities for Phase 1 Park Development, by College Station Downtown Residential, LLC, to Green Teams, Inc., in the amount of $435,305.00, and (b) Landscape for Phase 1 Park Development, by College Station Downtown Residential, LLC, to Greener Images, Inc., in the amount of $98,695.44, subject to the District's attorneys' review of the payment and performance bonds and insurance certificates submitted in connection with the contracts to determine if the payment and performance bonds and insurance meet the requirements of the bid specifications, the Texas Insurance Code, the rules of the Texas Commission on Environmental Quality and the provisions of the Texas Water Code, (iii) approve and authorize execution of a Special Warranty Deed conveying the second phase of construction of Bird Pond Road to the City, and {iv) approve and authorize execution of Release of Sanitary Sewer Easement relative to a 1.931 acre tract as recommended by the District's Engineer and in response to the City's request to have this conveyed by a public utility easement instead of the Sanitary Sewer Easement. Director Lindemulder seconded the motion, which unanimously carried. DEVELOPER'S REPORT The Board considered the Developer's Report. Mr. Murr presented a verbal report on the status of development within the District. Mr. Murr reported that there are currently 46 homes in the homeowners' association approval process and 12 homes which have been pre -sold. A closing is scheduled later this month for a multi -family project, with a construction start date by June 2020. WAIVER AGREEMENT. Ms. Cole presented and reviewed with the Board the various provisions of a Waiver Agreement between the District and CSTC for 51.48 acres of land, a copy of which Waiver Agreement is attached hereto as Exhibit E. Following discussion, Director Stark moved that the 4 543725 Board approve and authorize the execution of the Waiver Agreement on behalf of the District. Director Lindemulder seconded the motion, which unanimously carried. STATUS OF INERLOCAL AGREEMENT BETWEEN THE DISTRICT AND THE CITY OF COLLEGE STATION ("CITY") Mr. Murr reported that he had nothing new to report on the Interlocal Agreement. ANNUAL REVIEW OF SURVEY OF WAGE RATE SCALES The Board next considered the review of an annual survey of prevailing wage rates for construction projects and the adoption of a Resolution in connection therewith. In that regard, Ms. Cole reported that EHRA, the District's consulting engineers, is recommending that the District adopt the revised United States Department of Labor ("DOL") wage rate scales for construction projects for Brazos County, Texas, as permitted under Section 2258.022 of the Government Code. Following discussion, Director Lindemulder moved that the new DOL wage rate scales for Brazos County, Texas, be adopted as the prevailing wage rate scale for construction projects of the District, and that the Resolution Adopting Prevailing Wage Rate Scale for Construction Projects attached hereto as Exhibit F be adopted by the Board. Director Stark seconded said motion, which unanimously carried. ATTORNEY'S REPORT The Board considered the Attorney's Report. Ms. Cole advised the Board that she had nothing of a legal nature to discuss with the Board that was not already covered under previous agenda items. REVIEW AND APPROVAL OF PROPOSALS FOR RENEWAL OF DISTRICT INSURANCE COVERAGES Ms. Cole presented for the Board's consideration proposals for renewal of the District's insurance coverages from McDonald & Wessendorff Insurance ("M&W"). Ms. Cole noted that M&W has filed TEC Form 1295 and has provided SPH with a copy of same. Following review and discussion, Director Geva moved that the Board (i) accept such proposals, and that the President be authorized to execute same on behalf of the Board and the District, and (ii) accept TEC Form 1295 submitted in connection with such proposals and authorize SPH to acknowledge the District's receipt of same with the TEC. Director Stark seconded said motion, which unanimously carried. A copy of the accepted proposals is attached hereto as Exhibit G. FUTURE AGENDA ITEMS The Board considered items for placement on future agendas. No specific agenda items, other than routine and ongoing matters were requested to be placed on a future agenda. 5 543725 JOUR!MEIP There being no further business to come before the Board, on motion made by Director Stark, seconded by Director Geva, and unanimously carried, the meeting was adjourned. Secit ry -6 543725 LIST OF ATTACHMENTS Rock Prairie Management District No. 2 Minutes of Meeting of February 12, 2020 Exhibit A Bookkeeping Report Exhibit B Tax Assessor -Collector Report Exhibit C Addendum to Agreement for Services of Tax Assessor and Collector Exhibit D Engineering Report Exhibit E Waiver Agreement Exhibit F Resolution Adopting Prevailing Wage Rate Scale for Construction Projects Exhibit G Accepted Proposals for Renewal of District's Insurance from McDonald & Wessendorff Insurance 7 543725 EXHIBIT "A" UNICJPAL ACCOUNTS CONSULTING, LP: Rock Prairie Management District No. 2 Bookkeeper's Report February 12, 2020 1281 Brittmoore Road • Houston, Texas 77043 • Phone: 713.623.4539 • Fax: 713.629.6859 Financial Institution (Acct Number) Rock Prairie Management District No. 2 Account Balances As of February 12, 2020 Issue Maturity Interest Account Date Date Rate Balance Notes Fund: Operating Checking Account(s) BBVA USA -PREMIER (XXXX0276) 0.15 % 29,156.79 Checking Account Totals for Operating Fund: $29,156.79 Grand total for Rock Prairie Management District No. 2: $29,156.79 Rock Prairie MD No. 2 - GOP Balance Sheet As of January 31, 2020 ASSETS Current Assets Checking/Savings 11100 • Cash in Bank 11105 • Cash in Bank - Tax Account Total Checking/Savings Total Current Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 12000 - Accounts Payable Jan 31, 20 13,438 9,014 22,452 22,452 22,452 15,745 Total Accounts Payable 15,745 Total Current Liabilities 15,745 Total Liabilities 15,745 Equity 13010 • Unallocated hund Balance Net Income 4,171 2,536 Total Equity 6,707 TOTAL LIABILITIES & EQUITY 22,452 5 EXHIBIT "B" Honesty 1 Efficiency I Transparency Accountability Continu ty liNICIPeraSERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE MONTH ENDING January 31, 2020 • B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 1 R VICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/20 RECEIVABLES SUMMARY 2019 Balance Forward Levy at 05/31/19 FYE CAD Changes / Uncollectible Outstanding Balance forward Prior Years (2018-2010) at 05/31/19 FYE CAD Changes / Uncoilectible Total Levy to be collected Collection prior months (all years) 2019 Taxes Collected net NSF & KR Refunds during current month Taxes Collected for Prior Years net NSF & KR Refunds Total Outstanding Balance TAX ACCOUNT Income Taxes Collected Current Year Taxes Collected Prior Year Penalties & Interest Collection Fee Paid Overpayments NSF or Reversals, Bank Charges Other Fees & Court Costs, Etc Earned Interest C K# C K# C K# C K# Beginning Balance — Tax Account (Rollback Collected) Expenses 1062 Rock Prarie Management District 1 - Operating Funds 063 Rock Prarie Management District 1 - Rollback Collected 1064 B&A Municipal Tax Service, LLC - Invoice MD2-065 1065 B&A Municipal Tax Service, LLC - Invoice MD2-066 • Ending Balance —Tax Account 0.00 73,299.93 Mai 2.45 $0.00 411.110 12.45 73,312.38 ($8,087.95) •($4",438.41) $0.00 $41,438.41 $0.00 $0.00 $0.00 $0.00 $0.00 406, 780.19 $3.23 $4$ 221 $35,000.00 $6,780.19 MO $518.00 $451.41 $42,749.60 73,299.93 (49,526.36) 23,786.02 9,334.28 57,556.11 14,806.51 41111.11/NICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 2 • MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 • FOR THE PERIOD ENDING 1/31/20 OUTSTANDING TAXES - YEAR TO DATE BALANCE FORWARD I TAX °@ YEAR 10/01/19 2019 $76,036.03 2018 $49,461.25 2017 $19,962.78 XEMPTIONS & TAX RATES TAX SEAR 2019 2018 2017 HOMESTEAD EXEMPTION 0.00% 0.00% 0.00% DISTRICT VALUES TAX SEAR 2019 2018 2017 LAND & IMPROVEMENTS 14,898,546 9,881,920 4,069,643 CAD •SUPPLEMENTS & CORRECTIONS UNCOLLECTIBLE ($2,736.10) 410 $0.00 $0.00 $0.00 $0.00 $0.00 OVER 65 / DISABLED 0 0 0 AG NET 14,370 28,690 27,010 OUTSTANDING COLLECTIONS COLLECTIONS TAXES PERCENTAGE $49,513.91 $23,786.02 67.55% $49,461.25 $0.00 100.00% $19,962.78 ($0.00) 100.00% $23,786_ DEBT SERVICE CONTRACT TAX M & 0 RATE RATE RATE TOTAL RATE 0.50000 0.00000 0.00000 0.50000 0.50000 0.00000 0.00000 0.50000 0.50000 0.00000 0.00000 0.50000 PERSONAL PROPERTY EXEMPTIONS TOTAL VALUE SR KR 909,670 1,162,600 14,659, 986 12 12 309,850 328,210 9,892,250 30 30 0 104,096 3,992,557 47 47 4.3 & A MUNICIPAL TAX SERVICE, LL 13333 NORTHWEST FREEWAY, STE MAIN 713-900-2G80 HOUSTON, TX 77040 TOLL FREE 1-888-598-7409 3 B&A 0 ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/20 MUNICIPAL TAX SERVICE,LL( • PROFIT & LOSS • • CURRENT MONTH FISCAL YEAR 1 J01 J20 - 1/31/20 6/01 /19 - 1/31/20 BEGINNING BALANCE 9,914.80 9,014.27 INCOME 10% Rendition Penalty 0.00 0.00 Bad Check Charges 0.00 0.00 CAD Refund Excess Allotment 0.00 33.19 Collection Fee 0.00 2.91 Earned Interest 3.23 12.57 Overpayments 0.00 0,00 Penalty & Interest 0.00 2.12 Rollback Tax Collected 6,780.19 11,118.60 Taxes Collected 41,438,41 49,526.36 Total Income 48,221.83 60,695.75 EXPENSES Audit/Records 0.00 0.00 Bank Charges 0.00 0.00 Bond Premium 0.00 50.00 CAD Fees 0.00 388.25 Certificate of Value 0.00 0.00 Copies 40.20 378.00 Correction Roll Refunds 0.00 0.00 Correction Roll Rendition Refunds 0.00 0.00 Continuing Disclosure 0.00 0.00 Court Affidavits 0.00 0.00 Delinquent Tax Attorney Assistance 0.00 30.00 Delinquent Tax Attorney Fee 0.00 2.91 Installment Tracking 0.00 0.00 Unclaimed Property Report 0.00 0.00 Legal Notices 0.00 0.00 Mailing & Handling 0.72 61.36 Meeting Travel & Mileage 0.00 1,882.56 Overpayment Refund 0.00 0.00 Public Hearing 00Q 650.00 Records Retention 2.85 2.91 Roll Update & Processing 18.75 225.00 Senate Bill 2 to CAD (5 Yr History) 0.00 16.25 Supplies 0.00 3.16 Tax Assessor Collector Fee - AB 518.00 4,125.10 Tax Rate Preparation & Calculation 0.00 0.00 Transfer to Maintenance & Operating 0.00 4,338.41 Transfer to Debt Service 0.00 0.00 580.52 12,153.91 ENDING BALANCE 57,556.11 57,556.11 0 GliMIMIMIOP ' _ 3 NORT FREEWAY, ST'F 505 T-IOUSTON, TX 77040 TO' L FREE 1-888-598-;409 ICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/20 October November D410 ecember January February March • APP May $569.00 $4,111.9 $41,438.41 $0.00 YEAR TO YEAR COMPARISON % 2018 >oali • IPA* June July • • August 9 September $0.00 VARIANCE 0.00% 4.46% $0.00 0.00% $0.00• 67.$38 1110 77.06% $11,321.65 99.95% gm i NIFF 01mo. 01°$13.75 $0.00 99.97% $0.00 99.97% 12.2 . • 100.00% • $0.00 $0.00 $0.0011111 IS • so • IP $0.00 $0.00 2018 $0.00 2019 $41,438.41 IP • • $0.00100.00% $0.00 ilIONTHLY COLLECTIONS 99.95% 99.97% Ill 5.41% IIP0.00% ' 11.02% -9.51% 100.00%, B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 5 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT NO 2 FOR THE PERIOD ENDING 01/30/20 PLEDGED SECURITIES REPORT SECURITIES PLEDGED AT 105% OVER FDIC INSURED $250,000 COLLATERAL SECURITY AGREEMENT ON FILE : YES TAX BANK ACCOUNT HELD AT: WELLS FARGO / BANK OF NEW YORK MELLON COLLATERAL SECURITY REQUIRED: NO TYPE OF PLEDGED INVESTMENT: IN COMPLIANCE W/ DISTRICT INVESTMENT POLICY: YES 8 A MUNICIPAL TAX SERVICE 13333 NORTHWEST FREEWAY SUITE 505 HOUSTON TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 • PS STATE OF TEXAS § COUNTY OF BRAZOS § • ID Avik Bonnerjee, being duly sworn, says that he is the Tax Assessor -Collector for the above named District and the foregoing contains a true and correct report accounting for all taxes collected for said District during the month therein stated. • 1 Avik Bonnerjee, RTA SWORN TO AND SUBSCRIBED BEFORE ME, this 1st day of February 2020. &AM bit(Al e(A-Jk REBECCA LYNN BREWER NolaryID # 1250819 My Commission Expiry, Maatti f, 2020 Rebecca Lynn Brewer Notary Public, State of Texas • Notary ID #1258819 My Commission Expires March 1, 2020 • TRANSFER OF FUNDS FROM: WELLS FARGO: ROCK PRAIRIE MANAGEMENT DISTRICT 1 — TAX ACCOUNT $35,000.00 TRANSFER FUNDS TO: ROCK PRAIRIE MANAGEMENT DISTRICT 1 - OPERATING FUNDS CHECK # /, (o c DATE: February 1, 2020 TRANSFER OF FUNDS FROM: WELLS FARGO: ROCK PRAIRIE MANAGEMENT DISTRICT 1 — TAX ACCOUNT $6,780.19 TRANSFER FUNDS TO: ROCK PRAIRIE MANAGEMENT DISTRICT 1 - ROLLBACK COLLECTED CHECK # /Q 4 3-- DATE: February 1, 2020 MUNICIPAL TAX SERVICE, LLC Bill To Rock Prairie Management District No. 2 13333 Northwest Freeway Suite 505 Houston TX 77040 Invoice Date Invoice # 2/1/2020 MD2-065 Description Unit Count Rate Amount Avik Bonnerjee, RTA - Tax Assessor Collector Fee February 2020. 515.30 515.30 2019 Additional Unit Count Invoiced 2020 3 0.90 2.70 Thank you for your business. Total $518.00 13333 Northwest Freeway, Suite 505 W Houston, TX 77040 r PH: 713-900-2680 ® wwwbamunitax.com 4 C9.I MUNICIPAL TAX SERVICE, LLC Bill To Rock Prairie Management District No. 2 13333 Northwest Freeway Suite 505 Houston TX 77040 Invoice Date Invoice # 2/1/2020 MD2-066 Description Qty Rate Amount Copies 199 0.20 39.80 Statement Mailing & Handling: 4th Quarter Notices (Oct -Dec 2019) 0.25 75.00 18.75 Records Retention 0.42 0.42 Preparation of Delq. Atty. Electronic Files 15,00 15.00 Meeting Travel Time/Mileage/Time (December 2019) 377.44 377.44 Thank you for your business. Total $451 41 orthwest Freeway, Suite 505 E PH: 713 900-2680 w barn ' nitax.e �.t 11��I LQ`� Houston, TX 77040 EXHIBIT "C" ADDENDUM TO AGREEMENT FOR SERVICES OF TAX ASSESSOR AND COLLECTOR CONCERNING TEXAS TAX CODE §§ 26.17-26.18 This Addendum to Agreement for Services of Tax Assessor and Collector Concerning Texas Tax Code § § 26.17-26.18 (the "Addendum") is entered into this 12th day of February, 2020, by and between Rock Prairie Management District No. 2, of Brazos County, Texas, a political subdivision of the State of Texas (the "District"), and B&A Municipal Tax Service L.L.C., a Texas Limited Liability Company, the Tax Assessor -Collector for the District (the "Assessor - Collector"). WHEREAS, Assessor -Collector currently serves as the tax assessor —collector for the District pursuant to that certain Agreement for Services of Tax Assessor and Collector dated May 2, 2017, as it may have been amended and/or assigned from time to time (the "Tax Agreement"); and WHEREAS, District desires for Assessor -Collector to perform certain services on its behalf, in order to ensure District's compliance with Texas Tax Code § § 26.17-26.18, as amended, and Assessor -Collector is willing to perform such services as set forth herein. NOW, THEREFORE, in consideration of the premises and the representations, promises, covenants and obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of such consideration being hereby acknowledged, the parties hereto agree as follows: 1. Assessor --Collector shall perform all actions on behalf of District which are required to ensure District's compliance with Texas Tax Code § § 26.17-26.18, as amended. Without limiting the generality of the foregoing, Assessor -Collector shall (i) provide to the appropriate appraisal district representative those items required by Texas Tax Code § 26.17, (ii) maintain, or provide for the maintenance of, a publicly accessible website which contains those District items required by Texas Tax Code § 26.18, and (iii) provide to District copies of any taxpayer communications received by Assessor -Collector through the database(s) and/or website(s) created pursuant to those sections or their successor provisions. Assessor-Collector's compensation for providing these services shall be as follows: A one time setup fee of $750.00 and a monthly update and upload fee of $250.00 per month. Any other work outside the scope of work listed in this Addendum will be billed at the hourly rate per the Tax Agreement. 2. This Addendum shall continue in force and effect for so long as the Tax Agreement is in force and effect. Except as specifically set forth herein, the Tax Agreement shall remain unchanged and shall continue in full force and effect. 3. No waiver or waivers of any breach or default (or any breaches or defaults) by the District of any term, covenant, condition, or liability hereunder, or the performance by Assessor - Collector of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 4. This Addendum shall be subject to change or modification only with the written mutual consent of the parties. 5. As required by Chapter 2271, Texas Government Code, Assessor -Collector hereby verifies that Assessor ---Collector, including a wholly owned subsidiary, majority -owned subsidiary, parent company of affiliate of the same, does not boycott Israel and will not boycott Israel through the term of this Addendum. The term "boycott Israel" in this paragraph has the meaning assigned to such term in Section 808.001 of the Texas Government Code, as amended. Pursuant to Chapter 2252, Texas Government Code, Assessor -Collector represents and certifies that, at the time of execution of this Addendum neither Assessor -Collector, nor any wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of the same, is a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code. [EXECUTION PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have executed this Addendum in multiple counterparts, each of which shall be deemed to be an original. ATTFST: By: L<� Scc4 � p Directors ••(*S IF, A %s• , • = : ry • d i.• dd ......•• • B&A MUNICIP_�L TAERVICE L.L.C. By: Name: AYl ti- NAB ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2, OF BRAZOS COUNTY, TEXAS By: President, Board of Directors Title: 1:441maxi- CID w EXHIBIT "D" ENGINEERING THE FUTURE SINCE 7936 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 ENGINEERING REPORT FEBRUARY 2020 TBPE No. F-726 TBPLS No. 10092300 Engineering Report, including: a. Authorize the design and/or advertisement of bids for construction of facilities within the District and approval of related Stormwater plans, including District. 1. Status of design of Lakeway Drive Reserve, Phase 200. No Update. Board Action: None. b. Authorize the award of/or concurrence in award of contracts for the construction of facilities within the District, authorizing acceptance of Texas Ethics Commissions ("TEC") Form 1295 and approval of any storm water permits. 1. Irrigation and Landscape for Phase I Park Development. EHRA have reviewed and tabulated the two (2) bids received on Friday, February 7, 2020, for the above -referenced irrigation project and have determined the low bidder to be Green Teams, Inc. in the amount of $435,305.00. We, therefore, recommend that the contract for this project be awarded to Green Teams, Inc. for the aforementioned amount, contingent upon approval of bonds and certificate of insurance. EHRA has also reviewed and tabulated the five (5) bids received on Friday, February 7, 2020, for the above -referenced landscaping project and have determined the low bidder to be Brazos Land Design, Inc. in the amount of $66,542.83 and the second low bidder to be Greener Images in the amount of $98,695.44. As per section §49.273 of the Texas Water Code, "Contract Award", we believe that awarding the contract for this project to the second low bidder, Greener Images, would be "most advantageous to the District". We, therefore, recommend that the contract for the above -referenced project be awarded to Greener Images in the aforementioned amount of $98,695.44, contingent upon approval of the bonds and certificate of insurance. Board Action: Award Irrigation contract to Green Teams, Inc. and award Landscape contract to Greener Images, Inc. 13.784. Rock Prairie Management District No. 2 February 2020 Page 2 c. Status of construction of facilities to serve land within the District, including the approval of any pay estimates and change orders and authorize acceptance ofTEC Form 1295, including: 1. Construction of on -site sanitary sewer trunk line by Greens Prairie Investors, Ltd. Contractor Greens Prairie Investors, Ltd. Contract Days 120 days Approved &tensions 0 days Contract Completion Date 8/30/2018 Date Approved Comment Contract Bid Amount $322,584,00 5/2/2018 Notice to Proceed Issued Total Contract Amount $322,584.00 Total Pay Requests $0,00 Remaining on Contract $322,584.00 100,00% of Contract Remaining Construction is substantially complete. Board Action: None. P:\151-O68-00\Docs\Reports\2020\02 Peb 2020.doc ri �r tnnt 9 n I U.-.77f1A7 [ t 717 71iA ABM 1 f 712 757A AS77 E H RA EnGr<ERING THE FUTURE Rock Prairie Management District No. 2 February 2020 Page 3 2. Construction of water, sanitary, drainage and paving facilities for Bird Pond Road by Brazos Paving, Inc. Contractor Contract Days Approved Extensions Contract Completion Date Contract Bid Amount Quantity Adjustment No. 1 Change Order No. 1 Change Order No. 2 Quantity Adjustment No. 2 Quantity Adjustment No. 3 Change Order No. 3 Change Order No. 4 Quantity Adjustment No. 4 Quantity Adjustment No. 5 Change Order No. 5 Total Contract Amount Pay Request No. 1 Pay Request No. 2 Pay Request No. 3 Pay Request No. 4 Pay Request No. 5 Pay Request No. 6 Pay Request No. 7 Pay Request No. B Pay Request No. 9 Pay Request No, 10 Pay Request No. 11 Pay Request No.12 Pay Request No. 13 Pay Request No. 14 Revised Pay Request No. 15 & Final Total Pay Requests Remaining on Contract Bravos Paving, Inc. 300 41 9/7/2019 S4,784,000.00 ($366,609.99) $80,296.40 S169,865.93 (S107,280.00) $4,121.90 $32,800.00 512,764.84 $8,432.20 (S98,333.70) $58,974.70 $4,579,032.28 $94,060.58 S361,440.16 5157,923.91 S198,528.22 $231,434.60 S334,237.70 $342,106.70 $268,160.84 $563,978.60 $507,907.07 $393,729.40 S474,737.38 $133,686.84 $26,397.23 $457,903.25 $4,579,032.48 -50.20 days days Date Approved 10/1/2018 7/11/2019 7/11/2019 7/11/2019 7/11/2019 7/11/2019 12/12/2019 1/9/2020 1/9/2020 1/9/2020 1/9/2020 1/17/2019 1/17/2019 2/14/2019 2/14/2019 4/18/2019 7/11/2019 7/11/2019 7/11/2019 7/11/2019 9/12/2019 12/12/2019 12/12/2019 1/9/2020 1/9/2020 For Approval Comment Notice to Proceed issued Removed 600 LF of Roadway Added Waterline Crossings for Future Single Family Sections Design changes in Street Lights and additional Waterline crossings to serve future developments Removed Street Light Poles Additional Excavation Additonal Storm Sewer Masonry Wall Additional Lake Edge Adjust Dewatering Amount Detention Outfall 0.00% of Contract Remaining Construction is complete and item can be removed. Board Action: Approve Pay Request No. 15 and Final. t}:\151-on.00\Does \Reports\2020\02 Feb 2020.doc runs r R € 10013 Aholrinurnlon l ann l tdno,clnn Tavac 77fiA7 1 t 71R 7RA ASAf1 i f 717 7RA d577 Rock Prairie Management District No. 2 February 2020 Page 4 3. Midtown Reserve Subdivision, Phase 100 by Greens Prairie Investors, Ltd. (26 lots) Contractor Greens Prairie Investors, Ltd. Contract Days 120 days Approved Extensions 0 days Contract Completion Date Date Approved Comment Contract Bid Amount S447.933.00 Notice to Proceed Issued Total Contract Amount $447,933.00 Total Pay Requests $0.00 Retraining on Contract $447,933.00 100.00% of Contract Remaining Paving and Utilities are substantially complete. Board Action: None. 4. Midtown Reserve, Phase 102 by Greens Prairie Investors, Ltd. (62 Lots) Contractor Greens Ptaiiie Investors, Ltd. Contract Days 120 days Approved Extensions 0 days Contract Completion Date Date Approved Comment Contract Bid Amount $791,038.75 Notice to Ptoceed Issued Total Contract Amount $791,038.75 Total Pay Requests $0,00 Remaining on Contract $791,038.75 100.00% of Contract Remaining Paving and Utilities are substantially complete. Board Action: None. P:\151-Oaa-00\flocs\Reports\2020\02 Feb 2020.dnc euos E Irmo'€ hhn,rini.inlnn I ana I Iannctnn "lava( 7711A7 I t 71 l 7R11. ricein I f 71 7R4 4S77 EHRA E NGINERiNG THE FUTURE SINCE 1936 Rock Prairie Management District No. 2 February 2020 Page 5 5. Midtown Reserve Phase, 104 by Greens Prairie Investors, Ltd. Contractor Contract Days Approved Extensions Contract Completon Date Greens Prairie Investors, Ltd. 160 0 days days Date Approved Comment Contract Bid Amount S471,655.50 Notice to Proceed Issued Total Contract Amount $471,655.50 Total Pay Requests $0.00 Remaining on Contract Construction is underway. Board Action: None. S471,655.50 100.00% of Contract Remaining 6. Midtown City Center, Phase 601 by Elliott Construction, LLC Contractor Elliot Construction, LLC Contract Days 100 days Approved Extensions 0 days Contract Completion Date Date Approved Comment Contract Bid Amount $469,831.00 10/25/2019 Notice to Proceed Issued Change Order No. 1 S48,710.00 1/9/2020 Telecom Installation Change Order No. 2 S4,800.00 1/9/2020 Revise Waterline Total Contract Amount $523,341.00 Pay Request No. 1 $160,360.48 12/12/2019 Pay Request No. 2 S165,714.02 1/9/2020 Pay Request No. 3 $118,242.00 For Approval Total Pay Requests $444,316.50 Remaining on Contract $79,024.50 15.10% of Contract Remaining Construction is underway. Board Action: Approve Pay Request No. 3. P:\151,0G8-00\Docs\Reports \2O20\02 Feb 2020.doc nn e n i 111111t nn , t f i , [ Llniirtnri Tay. 7714A7 I h711 72A AKM I f 711 7RA A.c77 EHRA ENC,NEEFINN THE FUTURE Rock Prairie Management District No. 2 February 2020 Page 6 d. Acceptance of site and/or easement conveyances for facilities to be constructed for the District and acceptance of facilities for operation and maintenance purposes. 1. Approval of Special Warranty Deed from District to City of College Station, Texas ("City") Conveying 2.6138 acres for Bird Pond Road, Phase 2; and 2. Approval of Release of Sanitary Sewer Basement Board Action: Approve Special Warranty deed and Release of Sanitary Sewer Easement. e. Status of acceptance by the City of College Station, Texas for maintenance of streets. Metes and Bounds provided by EHRA, Inc. to Schwartz, Page & Harding, L.L.P. Board Action: None. P:\151-068.00\Dots\Reports\2020\02 Feb 2020.doc r€.€nn inn€'I ,nil unEtrtn„ Tw 770A") I t7977QA Ac00I {71?7RA A✓ti77 w EXHIBIT "E" WAIVER AGREEMENT THIS WAIVER AGREEMENT (the "Agreement") is made and entered into this 12th day of February, 2020, by and between COLLEGE STATION TOWN CENTER, INC., a Texas corporation ("Landowner"), and Rock Prairie Management District No. 2, a body politic and corporate and a governmental agency of the State of Texas, operating under and governed by the provisions of Chapter 3909, Texas Special District Local Laws Code, and Sections 52 and 52-a of Article III and Section 59 of Article XVI of the Texas Constitution (the "District") WITNESSETH WHEREAS, Landowner is the owner of certain of the land ("Landowner's Land") located within the District, said land being as more particularly described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the District will submit to the Texas Commission on Environmental Quality (the "Commission") an application or applications for approval to issue bonds (the "Bonds") for the purpose of financing certain improvements to the District's water, sanitary sewer and drainage facilities constructed or to be constructed within the District (the "Commission Approved Facilities") and for the further purpose of paying the Landowner for certain costs associated with the Commission Approved Facilities; and WHEREAS, pursuant to the rules of the Commission, the District is required, as a condition precedent to the approval by the Commission of the District's application for approval to issue the Bonds, to enter into an agreement with Landowner and its respective lender(s), if any, receiving proceeds of the Bonds pursuant to which Landowner and its lender(s), if any, permanently waive the right to claim agricultural, open -space, wildlife management, timberland or inventory valuation for the Landowner's Land and any homes or buildings constructed thereon which Landowner may own in the District with respect to taxation by the District unless such exemptions are in effect at the time of the Commission approval of the Bonds and the tax rate calculations contain such exemptions; and WHEREAS, the Commission also requires that, if the cash flow analysis with respect to the Bonds is based upon a Certificate of estimated assessed valuation ("Certificate"), the Landowner certify that it will not challenge or attempt to reduce valuation of Landowner's Land below the values shown on the Certificate for the life of the Bonds; and WHEREAS, the District will submit to the Office of the Attorney General of Texas (the "Attorney General") for approval a transcript of proceedings for the issuance of bonds for the purpose of financing certain road improvements (together with the Commission Approved Facilities, the "Facilities"); and WHEREAS, as part of said transcript, the Attorney General requires that the District certify as to compliance with certain provisions of Commission Rule 30 TAC § 293.59 relative to the financial feasibility of the Bonds; and WHEREAS, in making such certification, the District will rely on the value reflected in the certificate. NOW, THEREFORE, Landowner and the District, for and in consideration af the issuance and sale of the Bonds by the District and the subsequent financing of the Facilities and the payment to Landowner of certain costs as above described, the mutual covenants expressed herein and the mutual benefits to be derived herefrom, do hereby covenant and agree as follows: Landowner, on behalf of itself, its successors and assigns, and as an inducement to the District to issue the Bonds, does hereby waive, release, relinquish and agree to forego any and all rights it may presently have or in the future acquire to claim agricultural, open - space, wildlife management, timberland or inventory valuation for all or any portion of the Landowner's Land, and for any homes or buildings which may now exist or in the future be constructed upon the Landowner's Land, with respect to taxation by the District unless such exemptions are in effect at the time of the Commission approval (or, if Commission approval is not required, at the time of approval by the Attorney General) of the Bonds and the tax rate calculations contain such exemptions. Such waiver shall be applicable only to taxation by the District, and this Agreement shall not be construed as a waiver of any right which Landowner may presently have or in the future acquire to claim agricultural, open - space, wildlife management, timberland or inventory valuation for the Landowner's Land with respect to taxation by any taxing jurisdiction other than the District. 2. Landowner does hereby agree that, for the life of the Bonds, it will not challenge or attempt to reduce the valuations on Landowner's Land within the District to achieve a valuation less than that shown on the Certificate, if any, reflected in the District's application to the Commission for approval of the Bonds or relied upon in making the certification to the Attorney General. 3. It is intended by the parties hereto that this Agreement shall be binding on Landowner, its successors and assigns, and any entities related to or affiliated with Landowner and their respective successors and assigns, for so long as this Agreement shall remain in force and effect as provided in paragraph 5 below. Landowner hereby represents that other than Crockett National Bank and College Station Land Investment, LP, which join in the execution hereof for all purposes, no lender or lienholder has, as of the date hereof, any interest in and to the Landowner's Land or any portion thereof, and that Landowner, by its execution hereof, has the right, power and authority to encumber the Landowner's Land with the waiver agreed to herein and that the signatory hereto has been duly authorized by all necessary corporate action to execute this Agreement on behalf of Landowner. -2- 543754_1 4. It is intended that this Agreement shall be recorded in the Real Property Records of Brazos County, Texas, and that the waiver agreed to herein is a covenant binding upon and running with the Landowner's Land and is not a personal covenant of Landowner. 5. This Agreement shall remain in full force and effect for thirty (30) years or until none of the Bonds remain outstanding, whichever comes first, and shall not be modified or amended, and the covenants created herein and encumbering the Landowner's Land shall not be released, without the written authorization of the Commission and the District; provided, however, that in the event the District is dissolved by the City of College Station Texas, this Agreement shall terminate without further action upon the occurrence of such dissolution; and further provided, however, that should approval by the Commission (or, with respect to Bonds issued to finance road improvements, the Attorney General) of the Bonds not be obtained or should the District fail to issue the Bonds, the District shall enter into a mutual termination agreement with the Landowner, which shall terminate this Agreement, within ninety (90) days after the District makes a final determination that such approval will not be obtained or the Bonds will not be issued. 6. The District agrees to process an application or applications to the Commission, or as applicable a transcript of proceedings to the Attorney General, for approval to issue the Bonds in accordance with the provisions of those certain Utility Development Agreements between the District and Landowner, as soon as reasonably practical following receipt by the District of a fully executed original of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] _3_ 543754_1 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective the day and date above first written. THE STATE OF TEXAS § COUNTY OF BRAZOS COLLEGE STATION TOWN CENTER, INC., a Texas corporation By: James. G. Murr, Director This instrument was acknowledged before me on this day of 2020, by James Murr, Director of College Station Town Center, Inc., a Texas corporation, on behalf of said corporation. Notary Public in and for the State of TEXAS (SEAL) -4- 543754_1 THE STATE OF TEXAS COUNTY OF CROCKETT NATIONAL BANK By: Name: Title: This instrument was acknowledged before me on this day of , 2020, by of Crockett National Bank. (SEAL) -5- Notary Public in and for the State of TEXAS 543754_1 THE STATE OF TEXAS COUNTY OF COLLEGE STATION LAND INVESTMENT, LP, a Texas limited partnership By: LEOPOLD, INC., a Texas corporation its General Partner By: John Durham, President This instrument was acknowledged before me on this day of 2020, by John Durham, President of Leopold, Inc., a Texas corporation, General Partner of College Station Land Investment, LP, a Texas limited partnership, on behalf of said entities. (SEAL) -6- Notary Public in and for the State of TEXAS 543754_1 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 By: President, Board of Directors THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this day of , 2020, by Uri Geva, President of the Board of Directors of Rock Prairie Management District No. 2, a political subdivision of the State of Texas, on behalf of said political subdivision. Notary Public in and for the State of TEXAS (SEAL) -7- 543754 1 EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF A 34.878 ACRE TRACT THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 86,301 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION TOWN CENTER, INC RECORDED IN VOLUME 14296, PAGE 25 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND ALL OF A CALLED 1.724 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION TOWN CENTER, INC. RECORDED IN VOLUME 15603, PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A''V2INCH IRON ROD W1TH PLASTIC CAP MARKED"KERR 4502" FOUND ON THE SOUTHEAST LINE OF TOWN LAKE DRIVE (83' R.O.W.) MARKING THE NORTH CORNER OF SAID PORTION OF REMAINDER OF 86.301 ACRE TRACT AND A WEST CORNER OF A PORTION OF THE REMAINDER OF A CALLED 111.679 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION DOWNTOWN RESIDENTIAL, LLC RECORDED IN VOLUME 14405, PAGE 186 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE COLLEGE STATION CONTROL MONUMENT CS94-130 (N:10200590.74;E:3569862.99) BEARS: N 68° 22' 18" W FOR A DISTANCE OF 5856.85 FEET. BEARING SYSTEM SHOWN HEREON IS GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. DISTANCES SHOWN HEREIN ARE SURFACE DISTANCES. TO OBTAIN GRID DISTANCES MULIIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOID 12B). THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 86,301 ACRE TRACT AND SAID REMAINDER OF 111.679 ACRE TRACT FOR THE FOLLOWING CALLS: S 42° 25' 58" E FOR A DISTANCE OF 121,71 FRET TO A %2 INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 4502" FOUND; 5 80° 33' 42" E FOR A DISTANCE OF 208.59 FEET TO A'/ INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 4502" FOUND; S 72° 04' 24" E FOR A DISTANCE OF 125.34 FEET TO A V INCH IRON ROD W1TH PLASTIC CAP MARKED "KERR 4502" FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 210.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 22' 44" FOR AN ARC DISTANCE OF 327.59 FEET (CHORD BEARS: S 27° 23' 02" E — 295,37 FEET) TO A 112 INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 4502" FOUND MARKING THE END OF SAID CURVE; S 17° 18' 20" W FOR A DISTANCE OP 383,01 FEET TO A 1/28 INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 4502" FOUND; S 20° 36' 12" E, AT 371.54 FEET PASS A'/ INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 4502" FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 605.45 FEET TO THE NORTH LINE OF A CALLED 5306 SQUARE FOOT TRACT AS DESCRIBED BY A DEED TO JONATHAN STARK RECORDED IN VOLUME 14097, PAGE 203 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 526.95 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 86.301 ACRE TRACT AND SAID 5306 SQUARE FOOT TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 53' 46 FOR AN ARC DISTANCE OF 45.03 FEET (CHORD BEARS: 5 66° 16' 56" W — 45.01 FEET) TO THE END OF SAID CURVE AND THE BEGINNING OF A NON -TANGENT CLOCKWISE CURVE HAVING A RADIUS OF 566.53 FEET; THENCE: CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 86,301 ACRE TRACT AND SAID 5306 SQUARE FOOT TRACT AND A CALLED 5264 SQUARE FOOT TRACT AND DESCRIBED BY A DEED TO MARX LINDEMULDER RECORDED IN VOLUME 15377, PAGE 207 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° I0' 37" FOR AN ARC DISTANCE OF 189.62 FEET (CHORD BEARS: S 51° 18' 53" W—188,74 PEET) TO THE END OF SAID CURVE; THENCE: S 48° 11' 13" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 86,301 ACRE TRACT AND SAID 5264 SQUARE FOOT TRACT FOR A DISTANCE OF 30.00 FEET TO THE SOUTH CORNER OF SAID 5264 SQUARE FOOT TRACT AND THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 536.53 FEET; THENCE: CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 86.301 ACRE TRACT AND SAID 5264 SQUARE FOOT TRACT AND SAID 5306 SQUARE FOOT TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 05' 59" FOR AN ARC DISTANCE OF 178.86 FEET (CHORD BEARS: N 51° 16' 16" E—178.03 FEET) TO THE END OF SAID CURVE AND THE BEGINNING OF A 11Jobs120-046120-046C.docx NON -TANGENT CLOCKWISE CURVE HAVING A RADIUS OF 496.95 FEET; THENCE: CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 86.301 ACRE TRACT AND SAID 5306 SQUARE FOOT TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 46' 03" FOR AN ARC DISTANCE OF 4L35 FEET (CHORD BEARS: N 66° 18' 23" E-41.34 FEET) 'I'OTHE COMMON LINE OF SAID REMAINDER OF 86.301 ACRE TRACT AND SAID REMAINDER OF 111.679 ACRE TRACT; THENCE: S 20° 36' 12" F ALONG THE COMMON LINE OF SAID REMAINDER OF 86.301 ACRE TRACT AND SAID REMAINDER OF 111.679 ACRE TRACT FOR A DISTANCE OF 176.11 FEET TO THE NORTH LINE OF A CALLED 100.64 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6927, PAGE 226 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A Y INCH IRON ROD FOUND MARKING AN EAST CORNER OF SAID REMAINDER OF 1 11.679 ACRE. TRACT AND A NORTH CORNER OF SAID 100.64 ACRE TRACT BEARS: N 77° 55' 55" E FORA DI.STANCE OF 1491.58 FEET; THENCE: S 77' 55' 55" W ALONG THE COMMON LINE OF SAID REMAINDER OF 86.301 ACRE TRACT AND SAID 100.64 ACRE TRACT FOR A DISTANCE OF 855.24 FEET TO A ''A INCH IRON ROD WITH PLASTIC CAP MARKED "HP MAYO RPLS 5045" FOUND ON TT-IE NORTHEAST LINE OF LAKEWAY DRIVE (124' R.O.W.) MARKING TH.E BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 1062.00 FEET; THENCE: ALONG THE NORTHEAST LINE OF LAKEWAY DRIVE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 04' 16" FOR AN ARC DISTANCE OF 94.00 FEET(CHORD BEARS: N 45° 23' 09" W — 93.97 FEET) TO THE END OF SAID CURVE; THENCE: N 47° 55' 17" W CONTINUING ALONG THRNORTHEAST LINE OF LAKEWAY DRIVE FOR A DISTANCE OF 669.86 FEET TO THE SOUTHEAST LINE OF TOWN LAKE DRIVE AND THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00.FE.ET; T.HENC'E: ALONG THE SOUTHEAST LINE O:F TOWN LAKE DRIVE FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 5l" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: N 02° 55' 21 " W" —35.35 FEET) TO TI-IE END OF SAID CURVE, FOR REFERENCE A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784.4500"' FOUND BEARS; N 31' 48' 07" E FOR A DISTANCE OF 0.19 FEET; N 42° 04' 43" E FOR A DISTANCE OF 37.68 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784- 4500" FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE. HAVING A RADIUS OF 725.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 14' 08" FOR AN ARC DISTANCE OF 344.63 FET (CHORD BEARS: N 28° 27' 30" E -- 341.39 FEET) 'TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "E1 iRA713-784-4500" FOUND MARKING THE END OF SAID CURVE; N 14' 50' 26" E FOR A DISTANCE OF 354.95 FEET TO A 5/8 INCH IRON ROD W1TI I PLASTIC CAP MARKED •'EHRA713-784- 4500" FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 633.50 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 04" FOR AN ARC DISTANCE OF 365.44 FEET (CHORD BEARS: N.31° 21' 58" E-360.39 FEET) TO A 5/8 INCH IRON ROD WITIIPLASTIC CAP MARKED "EHRA713-784-4500" FOUND MARKING THE END OF SAID CURVE; N 47° 53' 30" E FOR A DISTANCE OF 298.08 FEET TO THE POINT OF BEGINNING CONTAINING 34.878 ACRES OF LAND AS SURVEYED ON THE. GROUND. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 T'BPELS FIRM# 10018500 11Jabs12 0-046120-046C.docx METES AND BOUNDS DESCRIPTION OF A 10.895 ACRE TRACT THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED INTHE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 24.352 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION TOWN CENTER, INC RECORDED IN VOLUME 14296, PAGE 25 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A %2 INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 4502" FOUND ON THE SOUTHWEST LINE OF LAKEWAY DRIVE (124' R.O.W.) MARKING AN EAST CORNER OF A CALLED 6.782 ACRE TRACT AS DESCRIBED BY A DEED TO 4121 MIDTOWN OFFICE PARK, LLC RECORDED IN VOLUME 15556, PAGE 193 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A NORTH CORNER OF SAID REMAINDER OF 24.352 ACRE TRACT, FOR REFERENCE A'V2 INCH IRON ROD WITH PLASTIC CAP MARKED "HP MAYO RPLS 5045" FOUND ON THE SOUTHWEST LINE OF LAKEWAY DRIVE MARKING AN ANGLE POINT IN SAID LINE BEARS: N 47° 55' 17" W FOR A DISTANCE OF 143.27 FEET AND COLLEGE STATION CONTROL MONUMENT CS94-130 (N:10200590.74;E:3569862.99) BEARS: N 54° 47' 59" W FOR A DISTANCE OF 4689.49 FEET. BEARING SYSTEM SHOWN HEREON IS GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. DISTANCES SHOWN HEREIN ARE SURFACE DISTANCES. TO OBTAIN GRID DISTANCES MUL 1'IPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOID 12B), THENCE: S 47° 55' 17" E ALONG THE SOUTHWEST LINE OF LAKEWAY DRIVE FOR A DISTANCE OF 986.70 FEET TO THE BEGINNING OF A CLOCKWISE TRANSITION CURVE HAVING A RADIUS OF 25.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 51" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD BEARS: S 02° 55' 22" E — 35.35 FEET) TO THE EXTENSION OF THE NORTHWEST LINE OF TOWN LAKE DRIVE AS DESCRIBED IN VOLUME 14945, PAGE 240 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (VARIABLE WIDTH R.O.W. AT THIS POINT), FOR REFERENCE A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND BEARS: N 11° 07' 40" E FOR A DISTANCE OF 0.23 FEET THENCE: ALONG SAID EXTENSION OF THE NORTHWEST LINE OF TOWN LAKE DRIVE FOR THE FOLLOWING CALLS: S 42° 04' 34" W FOR A DISTANCE OF 11.14 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 500.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784.4500" FOUND BEARS: N 70° 35' 04" W FORA DISTANCE OF 0.35 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 43' 38" FOR AN ARC DISTANCE OF 49.98 FEET (CHORD BEARS: S 39° 12' 45" W -- 49.96 FEET) TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND MARKING THE END OF SAID CURVE; S 36° 20' 56" W FOR A DISTANCE OF 35.16 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 500.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 43' 38" FOR AN ARC DISTANCE OF 49.98 FEET (CHORD BEARS: S 39° 12' 45" W — 49.96 FEET) TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND MARKING THE END OF SAID CURVE; S 42° 04' 34" W FOR A DISTANCE OF 306.90 FEET TO THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND A PORTION OF THE REMAINDER OF A CALLED 71.52 ACRE TRACT DESCRIBED AS TRACT TWO BY A DEED TO MD WHEELER, LTD RECORDED IN VOLUME 3007, PAGE 341 OF TEE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-7844500" FOUND ON SAID COMMON LINE BEARS: S 47° 58' 11" E FOR A DISTANCE OF 83.00 FEET AND ANOTHER 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713- 784-4500" FOUND BEARS: N 31° 01' 07" E FOR A DISTANCE OF 0.15 FEET; \Vobs120-046120-046A.docx THENCE: N 47° 58' 11" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID PORTION OF REMAINDER OF 71.52 ACRE TRACT FOR A DISTANCE OF 147.10 FEET TO A FENCE POST FOLTND ON OR NEAR THE EAST CORNER OF BLOCK 1 PARKLAND DEDICATION, MD WHEELER, PHASE 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 15386, PAGE 84 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY. TEXAS; THENCE: N 47° 52' 01" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID BLOCK 1 AND ANOTHER PORTION OF SAID REMAINDER OF 7I.52 ACRE TRACT FOR A DISTANCE OF 828.48 FEET TO A FENCE POST FOUND; THENCE: N 48° 14' 35" W CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID SECOND PORTION OF REMAINDER OF 7L52 ACRE TRACT FOR A DISTANCE OF 19.63 FEET TO A'Y2 INCH IRON ROD WITi-1 PLASTIC CAP MARKED "KERR 4502" FOUND MARKING THE SOUTH CORNER OF THE AFOREMENTIONED 6.782 ACRE TRACT; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID 6.782 ACRE TRACT FOR THE FOLLOWING CALLS: N 42° 04' 43" E FOR A DISTANCE OF 452.27 FEET TO A'V INCH IRON ROD WITH PLASTIC CAP MARKED "KERR 450T" FOUND: N 02° 55' 15" W FORA DISTANCE OF 35.35 FEET TO THE POINT OBEG I.N7 ING CONTAINING 10.895 ACRES OF LAND AS SURVEYED ON THE GROUND, BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 TBPELS FIRM# 100 i 8500 li.Jobs 20-046120-046A.docx ¢1' CF fi ORAli'r`. rr 5\ 450', I: r c�,�:r .'ti 6aFJ4 -.°'';fir•. _ , i�i';.0 r'i .. METES AND BOUNDS DESCRIPTION OF A 5.707 ACRE TRACT THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR FARCE! OF LAND LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 24.352 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION TOWN CENTER, INC RECORDED IN VOLUME 14296, PAGE 25 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ''A INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF LAKEWAY DRIVE (124' RO.W.) MARKING THE EAST CORNER OF SAID REMAINDER OF 24.352 ACRE TRACT, SAID IRON ROD FOUND BEING ON THE NORTHWEST LINE OF A CALLED 100.64 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6927, PAGE 226 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A'A INCH IRON ROD FOUND MARKING THE EAST CORNER OF THE REMAINDER OF A CALLED 111.679 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION DOWNTOWN RESIDENTIAL, LLC RECORDED IN VOLUME 14405, PAGE 186 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A NORTH CORNER OF SAID 100.64 ACRE TRACT BEARS: N 77° 55' 55" E FOR A DISTANCE OF 2494.71 FEET. BEARING SYSTEM SHOWN HEREON IS GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. DISTANCES SHOWN HEREIN ARE SURFACE DISTANCES, TO OBTAIN GRID DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 0.999898305 (CALCULATED USING GEOID I2B). THENCE: S 77° 55' 55" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID 100.64 ACRE TRACT FOR A DISTANCE OF 485.39 FEET TO A FENCE POST FOUND ON THE NORTHEAST LINE OF A CALI.FD 46.60 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 3310, PAGE 321 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE WEST CORNER OF SAID 100.64 ACRE TRACT; THENCE: N 68° 42' 56" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID 46.60 ACRE TRACT FOR A DISTANCE OF 189.31 FEET TO A 6 INCH CEDAR FENCE POST FOUND MARKING THE EAST CORNER OF THE REMAINDER OF A CALLED 71.52 ACRE TRACT DESCRIBED AS TRACT 2 BY A DEED TO MD WHEELER LTD RECORDED IN VOLUME 3007, PAGE 341 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 56° 54' 36" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID REMAINDER OF 71.52 ACRE TRACT FOR A DISTANCE OF 108.66 FEET TO A 3 INCH CEDAR FENCE POST FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: N 47° 58' 11" W CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 24.352 ACRE TRACT AND SAID REMAINDER OF 71.52 ACRE TRACT FOR A DISTANCE OF 141.94 FEFT TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND MARKING THE SOUTH CORNER OF A CALLED 0.9986 ACRE TRACT FOR RIGHT-OF-WAY AS DESCRIBED IN VOLUME 14945, PAGE 240 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID 0.9986 ACRE TRACT BEING THE EXTENSION OF TOWN LAKE DRIVE (83' RO.W.), FOR REFERENCE COLLEGE STATION CONTROL MONUMENT CS94-130.(N:10200590.74; E:3569862.99) BEARS: N 48° 45' 21" W FOR A DISTANCE OF 5759.57 FEET; THENCE: ALONG SAID EXTENSION OF THE SOUTHEAST LINE OF TOWN LAKE DRIVE FOR THE FOLLOWING CALLS: N 42° 04' 34" E FOR A DISTANCE OF 306.98 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED ` EHRA713-784-4500" FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 500.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 41' 39" FOR AN ARC DISTANCE OF 49,69 FEET (CHORD BEARS: N 44° 55' 23" E — 49.67 FEET) TO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND MARKING THE END OF SAID CURVE; 11Iobs120-046120-046B.doex N 47° 46' 13" 13 FOR A DISTANCE OF 35.94 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OE 500.00 FEET, FOR REFERENCE A 5/8 INCH -IRON ROD WITH PLASTIC CAP MARKED "EHRA713-784-4500" FOUND BEARS: N 08° 28' 29" W FOR A DISTANCE OF 0.11 FEET: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 41' 39" FOR AN ARC DISTANCE OF 49,69 FEET (CI -LORD BEARS: N 44° 55' 23" E — 49.67 FEET) TO A 5/8 1NCH IRON ROD WITH. PLASTIC CAP MARKED 'EHRA7I 3-784-4500" FOUND MARKING T1-TE END OF SAID CURVE; N 42° 04' 34" E FOR A DISTANCE OF 10.78 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25,00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD WIT[ -I PLASTIC CAP MARKED "EI]RA713- 784-4500" FOUND BEARS: N 47° 37' 51" E FOR A DISTANCE OF 0.21 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 09" FOR AN ARC DISTANCE OF 39,27 FEET (CHORD BEARS: N 87° 04' 38" E-35.36 FEET)TO TI-IE END OF SAID CURVE ON THE SOUTHWEST LINE OF LAKEWAY DRIVE (124' R.O.W.) THENCE: S 47° 55' 17" E ALONG THE SOUTHWEST LINE OF LAKEWAY DRIVE FOR A DISTANCE OF 669.80 .FEET TO A % INCH IRON ROD WITH PLASTIC CAP MARKED "HP MAYO RPLS 5045" FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 938.00 FEET; THENCE: CONTINUING ALONG THE SOUTHWEST LINE OF LAI{SWAY DRIVE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 26' 34" FOR AN ARC DISTANCE OF 7.25 FEET (CHORD BEARS: S 47° 42' 00" E — 7.25 FEET) TO THE POINT OF BEGINNING CONTAINING 5.707 ACRES OF LAND AS SURVEYED ON THE GROUND. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 TBPELS FI RIv1# I0018500 11.1 ohs120-046LU-046B.docx EXHIBIT "F" RESOLUTION ADOPTING PREVAILING WAGE RATE SCALE FOR CONSTRUCTION PROJECTS WHEREAS, Rock Prairie Management District No. 2 (the "District") has been heretofore duly created and organized; and WHEREAS, Chapter 2258, Texas Government Code ("Chapter 2258"), requires the District to determine the general prevailing rate of per diem wages for each craft or type of worker in the locality in which a construction project for the District is to be performed and the general prevailing rate of per diem wages for legal holiday and overtime work; and WHEREAS, Chapter 2258 provides that a worker employed on a construction project by or on behalf of the District shall be paid not less than said general prevailing rates, as applicable; and WHEREAS, Chapter 2258 provides that a contractor which is awarded a construction contract for the District, or a subcontractor of the contractor, shall pay not less than the rates determined as set forth above to a worker employed in the execution of such contract for a construction project; and WHEREAS, Chapter 2258 applies to construction projects paid for in whole or in part from funds of the District, regardless of whether the work is done under the District's supervision or direction; and WHEREAS, the Board of Directors of the District (the "Board") has determined the general prevailing rate of per diem wages by using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a et seq.), as amended, and has determined to adopt a Prevailing Wage Rate Scale for Construction Projects for the District. Now, Therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 THAT: Section 1: The Board has determined the general prevailing rate of per diem wages for each craft or type of worker in the locality in which a construction project for the District is to be performed and the general prevailing rate of per diem wages for legal holiday and overtime work by using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a et seq.), as amended, and further, the Board has determined that the wage rates in the Prevailing Wage Rate Scale for Construction Projects (comprised of one or more United States Department of Labor wage determination scales for each project type) attached hereto as Exhibit A are the general prevailing wage rates for construction projects by or on behalf of the District. Section 2: The District hereby adopts the Prevailing Wage Rate Scale for Construction Projects attached hereto as Exhibit A, which establishes minimum rates for each project type that shall be used by all contractors and their subcontractors on construction projects by or on behalf of the District. Section 3: A contractor or subcontractor on a construction project by or on behalf of the District shall maintain records as required by Chapter 2258 and shall be subject to the penalties, forfeitures, and withholding of money for failure to comply with this Resolution and/or pending a final determination of an alleged violation, as provided in Chapter 2258. Section 4: The District engineer is hereby directed and authorized to specify the wage rates adopted hereunder for each project type in all specifications for bids and contracts for construction projects by or on behalf of the District. Section 5: Any prior Resolution Adopting Prevailing Wage Rate Scale for Construction Projects previously adopted by the Board is hereby revoked. PASSED and ADOPTED this 12th day of February, 2020. ATTEST: Secretary, Board of Directors President, Board of Directors EXHIBIT A PREVAILING WAGE RATE SCALE FOR CONSTRUCTION PROJECTS United States Department of Labor Wage Determination Scale TX 7 Construction Type: Heavy and Highway Construction Projects County: Brazos "General Decision Number: TX20200007 01/03/2020 Superseded General Decision Number: TX20190007 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts Modification Number Publication Date 0 01/03/2020 * SUTX2011-006 08/03/2011 456038_5 Rates Fr inges CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.56 ELECTRICIAN $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb $ 12.94 Structures $ 12.87 LABORER Asphalt Raker $ 12.12 Flagger $ 9.45 Laborer, Common $ 10.50 Laborer, Utility $ 12.27 Pipelayer $ 12.79 Work Zone Barricade Servicer $ 11.85 PAINTER (Structures) $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor $ 12.69 Asphalt Distributor $ 15.55 Asphalt Paving Machine $ 14.36 Boom Truck $ 18.36 Broom or Sweeper $ 11.04 Concrete Pavement Finishing Machine $ 15.48 Crane, Hydraulic 80 tons or less $ 18.36 Crane, Lattice Boom 80 tons or less $ 15.87 Crane, Lattice Boom over 80 tons $ 19.38 Crawler Tractor $ 15.67 Directional Drilling Locator $ 11.67 Directional Drilling Operator $ 17.24 Excavator 50,000 lbs or Less $ 12.88 Excavator over 50,000 lbs$ 17.71 Foundation Drill, Truck Mounted $ 16.93 Front End Loader, 3 CY or Less $ 13.04 Front End Loader, Over 3 CY$ 13.21 Loader/Backhoe $ 14.12 Mechanic $ 17.10 Milling Machine $ 14.18 Motor Grader, Fine Grade$ 18.51 456038_5 Motor Grader, Rough $ 14.63 Pavement Marking Machine$ 19.17 Reclaimer/Pulverizer $ 12.88 Roller, Asphalt $ 12.78 Roller, Other $ 10.50 Scraper $ 12.27 Spreader Box $ 14.04 Trenching Machine, Heavy$ 18.48 Servicer $ 14.51 Steel Worker Reinforcing $ 14.00 Structural $ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker $ 16.00 TRUCK DRIVER Lowboy -Float $ 15.66 Off Road Hauler $ 11.88 Single Axle $ 11.79 Single or Tandem Axle Dump Truck $ 11.68 Tandem Axle Tractor w/Semi Trailer $ 12.81 WELDER $ 15.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker 456038_5 protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMO198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (C8A) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and 456038_5 non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should 456038_5 be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4,) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION " 456038_5 EXHIBIT "G" Insurance Proposal Prepared for Rock Prairie Mgmt District #2 McDonald & Wessen dorff INSURANCE McDonald & Wessendorff Insurance Welcome! Thank you for choosing us for your insurance needs. Finding the right people for the right job can be difficult, especially when dealing with insurance. We at McDonald & Wessendorff Insurance are dedicated to "Growing Relationships" with our clients. The following material about this insurance program is designed specifically for you. Please contact us at 281 -342-6837 with any questions, comments or concerns. McDonald & Wessendorff Insurance: Dan McDonald, CEO Direct # 281-633-3208 Email: dan.mcdonald@mcwess-insurance.com Katrina Thornhill, Account Executive Direct # 281-633-3200 Email: katrina,thornhill@mcwess-insurance.com Peggy Bohn, COO Direct # 281-762-5213 Email: peggy.bohn@mcwess-insurance.com Kathryn Williams, Account Executive Direct # 281-762-5215 Email: kathryn.williams@mcwess-insurance.com Carrie Hitchcock Waterworks CSR Direct # 281-762-5216 Email: carrie.hitchcock@mcwess-insurance.com McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 2 Rock Prairie Mgmt District #2 TYPE OF POLICY: COMMERCIAL GENERAL LIABILITY AND HIRED CAR & NON OWNERSHIP AUTOMOBILE LIABILITY PROPOSED EFFECTIVE DATE: 03/31/20 COVERAGE: LIMITS OF LIABILITY: •Bodily Injury and Property Damage -Full Sewer Backup Coverage •Punitive Damages Not Excluded •Host Liquor Liability - Terrorism Not Excluded • No Mold Exclusion •No Assault & Battery Exclusion • Duty to Defend • Defense Cost Outside the Limit •Coverage in U.S. Only $1,000,000 Each Occurrence $3,000,000 General Aggregate $1,000,000 Personal/Advertising Injury $3,000,000 Product Liability $ 100,000 Damages to Premises Rented to You $1,000,000 Hired and Non Owned Auto Liability INCLUDES I POND POLICY TERM: One Year PREMIUM: $1,241 COMPANY: Mid -Continent Casualty Company AM Best Rating: A + VIII DOES THE DISTRICT HAVE AN INTERLOCAL AG EEMENT FOR LAW ENFORCEMENT? YES/NO: E) IF YES, PLEASE SEND A COPY. NUMBER OF PEACE OFFICERS: Al fr THE DISTRICT WILL NEED LAW ENFORCEMENT LIABILITY & PEACE OFFICERS BOND SEE SUMMARY PAGE FOR ADDITIONAL PREMIUM. DOES THE DISTRICT OWN ANY ROADS YES/NO: ACCEPTED BY: DATE: 3�ir121920 REJECTED BY: DATE: SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 3 Rock Prairie Mgmt District #2 `* OPTIONAL COVERAGE u' TYPE OF POLICY: POLLUTION LIABILITY PROPOSED EFFECTIVE DATE: 03/3I/20 COVERAGE: EXCLUSIONS: •Occurrence Form - Legal Liability to Others -Bodily Injury and Property Damage and Clean Up Costs •Compensatory Damages •Defense Cost Outside the Limit •Punitive/Exemplary Damages Nat Excluded • Terrorism Not Excluded •Mold Not Excluded •Statutory Fines or Penalties Unless Direct Result of Pollution Incident as Defined by the Policy •Disposal of Sludge at Landfill Site LIMIT OF LIABILITY: $1,000,000 each occurrence $3,000,000 aggregate DEDUCTIBLE: $5,000 Per Claim for Clean Up Costs POLICY TERM: One Year PREMIUM; $750 COMPANY: Mid -Continent Casualty Company AM Best Rating: A + VIII ** OPTIONAL COVERAGE '* ACCEPTED BY: DATE: REJECTED BY: DATE: 4/1.24 SUBJECT TO POLICY TERMS, CONDITIONS, LIMTTATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance- 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 4 Rock Prairie Mgmt District #2 TYPE OF POLICY: DIRECTORS AND OFFICERS LIABILITY PROPOSED EFFECTIVE DATE: 03/31/20 COVERAGE: •Claims -Made Coverage Form •Duty to Defend • Pay on Behalf in lieu of Reimbursement Coverage Form - Full Prior Acts •Defense Cost Outside the Limit - Defense for AIleged Breach of Contract •CIaim includes any Judicial or Administrative Proceedings •Employment Related Practices coverage for the District Included • Coverage extended to include Director's Spouse .Terrorism Not Excluded LIMIT OF LIABILITY: $1,000,000 Per Claim No Aggregate Limit None One Year $2,000 DEDUCTIBLE: POLICY TERM: PREMIUM: COMPANY: ACCEPTED BY: Mid -Continent Casualty Company AM Best Rating: A + VIII OPTIONAL LIMITS Limit Premium X $1,000,000 $2,000 $2,000,000 $3,000 $3,000,000 $4,000 $4,000,000 $5,000 $5,000,000 $6,000 DATE: 0?-1 x .2d REJECTED BY: DATE: SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 5 Rock Prairie Mgmt District #2 ** OPTIONAL COVERAGE TYPE OF POLICY: UMBRELLA PROPOSED EFFECTIVE DATE: 03/31/20 COVERAGE: Limit of Coverage over General Liability, Automobile Liability, Pollution and Employers Liability (If coverage is accepted) •Follow Form .Terrorism Not Excluded .Punitive Damages Not Excluded UNDERLYING REQUIREMENTS: $1,000,000 General Liability $1,000,000 Pollution Liability $1,000,000 Automobile Liability $1,000,000 Employers Liability EXCLUSIONS: LIMIT OF LIABILITY: RETENTION: POLICY TERM: PREMIUM: COMPANY: OPTIONAL LIMITS Limit Premium (No Pollution) X $ 1,000,000 $ 900 $ 2,000,000 $1,700 $ 3,000,000 $2,500 $ 4,000,000 $3,300 $ 5,000,000 $4,100 ** OPTIONAL COVERAGE '* ACCEPTED BY: Employee Benefits Liability Directors and Officers Liability Law Enforcement Liability $1,000,000 $10,000 One Year $900 Mid -Continent Casualty Company AM Best Rating: A + VIII OPTIONAL LIMITS Limit Premium (Includes Pollution) $ 1,000,000 $1,250 $ 2,000,000 $2,200 $ 3,000,000 $3,150 $ 4,000,000 $4,100 $ 5,000,000 $5,050 DATE: REJECTED BY: DATE: 014.1'°'0121 SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 6 TYPE OF POLICY: Rock Prairie Mgmt District #2 PUBLIC EMPLOYEE BLANKET CRIME (Includes Attorney, Operator, Bookkeeper, Engineer and Delinquent Tax Attorney) ANNIVERSARY OF CURRENT POLICY: 03/31/20 COVERAGE: LIMIT: DEDUCTIBLE: TERM: PREMIUM: COMPANY: Loss caused to the District through failure of any employee/consultant to perform faithfully their duties or to account properly for all monies and property received by virtue of their position or employment. Limit applies per employee/consultant up to $100,000. If the bond amount is over $100,000, each employee/consultant is covered up to $100,000 and the excess amount is provided on a per loss basis rather than each basis. •Terrorism Not Excluded $10,000 $0 One Year $120 Hartford Fire Insurance Company AM Best Rating: A+ XV OPTIONAL LIMITS Limit Premium X $ 10,000 $120 $ 25,000 $178 $ 50,000 $222 $ 100,000 $344 $ 250,000 $479 $ 500,000 $580 $1,000,000 Quotable ACCEPTED BY: DATE: -e--%.2- d REJECTED BY: DATE: SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 7 Rock Prairie Mgmt District #2 TYPE OF BOND: DIRECTORS POSITION SCHEDULE BOND ANNIVERSARY OF CURRENT BOND: 03/31/20 COVERAGE: Provides coverage for loss caused to the District through the failure of Directors to perform faithfully their duties or to account properly for all monies and property received by virtue of their position as Director. •Terrorism Not Excluded BOND TERM: One Year BOND LIMIT: $10,000 Per Director (5 ) $50,000 Aggregate PREMT TM: $175 COMPANY: Merchants Bonding Company AM Best Rating A VDT ACCEPTED BY: DATE: • et REJECTED BY: DATE: SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance- 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 8 Rock Prairie Mgznt District #2 OPTIONAL COVERAGE ** TYPE OF POLICY: BUSINESS TRAVEL COVERAGE PROPOSED EFFECTIVE DATE: 03/31/20 COVERAGE: 24 Hour Coverage while traveling on district business Accidental Death & Dismemberment Paralysis Benefits Coma Benefits Psychological Therapy Benefit Emergency Evacuation/Family Travel Benefits Rehabilitation Expense Benefit Repatriation Benefit Seat Belt and Occupant Protection Device Benefit Age reduction for over 70 LIMITS: PREMIUM: COMPANY: OPTIONAL COVERAGE Date $ 250,000 Each Director $ 50,000 Each Spouse $ 25,000 Each Child $35,000,000 Aggregate Limit $300 Chubb AM Best Rating: A-- XV Accepted By Rejected By (Signature of District's Aut .rizedRe.resentative) (Title) resE1d. (Signature of District's Authorized Representative) (Title) SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 9 Rock Prairie Mgmt District #2 ** OPTIONAL COVERAGE ** TYPE OF POLICY: WORKERS COMPENSATION PROPOSED EFFECTIVE DATE: 03/31/20 COVERAGES: •Coverage A in the policy provides statutory coverage in which the insurance company agrees to assume the liability imposed upon an insured by the applicable Workers Compensation law or laws. •Coverage B for Employers Liability in this policy protects an insured against liability imposed by law for injury to employees in the course of employment. -Terrorism Not Excluded LIMIT OF LIABILITY: Employers Liability $1,000,000 Each Accident Bodily Injury by Accident $1,000,000 Each Employee Bodily Injury by Disease $1,000,000 Policy Limit Bodily injury by Disease POLICY TERM: One Year PREMIUM: COMPANY: OPTIONAL COVERAGE ** ACCEPTED BY: REJECTED BY: $221 (5 Directors) Estimated Annual Premium Hanover Insurance Group AM Best Rating: A XV DATE: DATE: 2--/2- AP SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance- 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 10 Rock Prairie Mgmt District #2 v,; OPTIONAL COVERAGE *T TYPE OF POLICY: CYBER LIABILITY PROPOSED EFFECTIVE DATE: 03/31/20 COVERAGE/LIMIT: LIABILITY: • Privacy & Security - $250,000 • Payment Card Costs - $250,000 • Media - $250,000 • Regulatory Proceedings - $250,000 BREACH RESPONSE: • Privacy Breach Notification - $250,000 • Computer & Legal Experts - $250,000 • Betterment-$100,000 • Cyber Extortion - $250,000 • Data Restoration - $250,000 • Public Relations - $250,000 CYBER CRIME: • Computer Fraud - $100,000 • Funds Transfer Fraud - $100,000 • Social Engineering Fraud - $100,000 • Telecom Fraud - $100,000 BUSINESS LOSS: • Business Interruption - $250,000 • Reputation Harm - $250,000 POLICY AGGREGATE LIMIT: $250,000 RETENTION: $2,500 - $5,000 Each Claim/Event Waiting Period: 8 Hours POLICY TERM: One Year PREMIUM: Quotable COMPANY: Travelers Casualty & Surety Co. of America AM Best Rating: A-+-- XV * OPTIONAL COVERAGE __ SEE COVERAGE DEFINITIONS AT END OF PROPOSAL Application required for formal quote Higher limits also available ACCEPTED BY: DATE: REJECTED BY: DATE: 2" /we "07-0 SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS McDonald & Wessendorff Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 11 ROCK PRAIRIE MGMT DISTRICT #2 PROPOSED EFFECTIVE DATE: 03/31/20 PREMIUM SUMMARY COVERAGE RENEWAL PREMIUM EXPRING PREMIUM GENERAL LIABILITY/HIRED & NON -OWNED AUTO 1,241.00 1,197.00 DIRECTORS AND OFFICERS 2,000.00 2,000.00 PUBLIC EMPLOYEE BLANKET CRIME 120.00 120.00 DIRECTOR'S BOND 175.00 175.00 TOTAL PREMIUM * $3,536.00 $3,492.00 McDonald & Wessendorff thanks you for your business. The increase in premium is due to the addition of 1 Pond, per the engineer's report. ** Please note this proposal does not include any property or boiler & machinery coverage. If the district purchases any facilities, please contact our office to issue a property policy. Tax Bond — Avik Bonnerjee — Billed Directly to Tax Assessor. * * * OPTIONAL NEW COVERAGE(S) * * * OPTIONAL NEW COVERAGE PREMIUM ACCEPTED YES/NO POLLUTION LIABILITY 750.00 UMBRELLA LIABILITY 900.00 BUSINESS TRAVEL ACCIDENT 300.00 WORKERS COMPENSATION & EMPLOYERS LIABILITY 221.00 LAW ENFORCEMENT LIABILITY - $1,000,000 LIMIT 1,000.00 PEACE OFFICERS BOND # OF PEACE OFFICERS 50.00 Each CYBER LIABILITY Quotable TOTAL PREMIUM FOR ACCEPTED OPTIONAL COVERAGE PLEASE REPORT ALL NEW FACILITIES OR PROPERTIES IMMEDIATELY TO MCDONALD & WESSENDORFF PAYMENT IS DUE WITIIIN 30 DAYS OF THE EFFECTIVE DATE TO ID CANCELLATION. ACCEPTED BY: PRINTED NAME & TITLE: 6-r 6 eyed .1 r7 Gsv r r C f DATE: FEDERAL TAX ID #: ` '7/ 7 WEB ADDRESS IF ANY: /1-1/, Premiums quoted are valid for 30 days from proposed effective date. All descriptions of proposed coverage's provided herein are intended as an outline of coverage and are necessarily brief For specific wording concerning insuring agreements, definitions, conditions, terms and exclusions not listed, please read each policy carefully. Please contact our office if there are any questions. McDonald & WessendorfF Insurance. 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 12 �r�r4n..adze avw.cr/svozowancrovAwarazakomorrzazrvieri.m.w..moze i�iearzwr/sinimimim oz.v.o..v., roAi.6rici.Pf remocr. owox,w r.aw znegozad.ic ay 0 0 0 0 r of 0 a 0 1 e 0 0 0 0 o 0 0 0 D & 0 APPLICATION 0 0, 0 ,, o PL FAS F COMPLETE/ SIGN o AND R1:TURN WITH TH 1 ACC N`.PT ED .PROPO SAL 5 0 0 THANK YOU! d 0 A d / g 0 0, m A 40 R y 0 P 0 0 d a 4 m 0 / 46Yd/ 7tl/.p/.9YO/[A/,@Y6/6/!7/.kW®/.P74,74"�F6/6iYJ/6/6/d/®/6f9/®fr70%.6/®/6/6/6/676/. %/.6'//}/b/Y.9Y,9Y.W.[?Y.C.fEAX7/7/6!6/.�v/A/6/6/i6/®/6/6T/B/.6%.6M /A^P./eYA/Y/6/NY/EJA 0 1.3 Professional Liability Application Application for Directors & Officers Liability Insurance $1,000,000 Premium $2,000 Part 1: Background Information *"ML 1459 (01-97)** Name of Organization: Rock Prairie Mgmt District #2 Address: Purpose of Organization: In continuous existence since: Number of Board Members: Are there subsidiaries? Yes or No (circle response) If yes, provide name (s), date established, nature of operation, profit or nonprofit, purpose, bylaws and financial statement for each. If yes, do you wish to request coverage for subsidiaries? Yes or No (circle response) Are the organization's finances audited by a Certified Public Accountant? Yes of No (circle response) Does the organization have any stockholders or persons who profit from the operation except as salaried employees? Yes or No (circle response) If yes, please give detail Are any directors, Trustees, Officers or employees indebted to the organization? Yes or No. If yes, please give detail Part 2: Insurance Coverage Information Directors & Officers Liability Insurance carried during the past three years including expiring Policy. Insurer: Limits of Liabilityj Premium: Deductible: Policy Period Directors & Officers Liability Coverage has been continuously in force since: If yes, with which insurance company? Has any policy for Directors and Officers liability Insurance ever been canceled or non -renewed? Yes or No (circle response). If yes, please give detail... The individual of the organization designated to receive any and all notices from the Insurer or their authorized representative(s) concerning this insurance is: Name: Title: 14 Part 3: Employer Detail Total number of: Full Time Employees: Part Time Employees: Total number of Employees with annual salaries in excess of 50,000? How many of these employees have annual salaries in excess of 100,000? Does the organization have a written procedure for hiring and firing employees? Yes or No Does a lawyer or human resource person review involuntary employment terminations prior to termination of an employee? Yes or No (circle response) Has there been a reduction of employees in the past 12 months? Yes or No (circle response) Is a reduction of employees anticipated in the next 12 months? Yes or No (circle response) Part 4: Claim Information Within the last 5 years has the organization or any individual proposed for insurance received any inquiry, complaint or notice of hearing from any Municipal, State Administrative Agency, Federal Regulatory Authority or Congressional or Legislative Committee of similar such agency? Yes or No If yes, please explain... Within the last 5 years, has any claim been made, or is any claim now pending, against the organization, or any person proposed for Insurance in the capacity of either Director, Officer, Trustee, Employee or Volunteer of the organization? Yes or No (circle response) IF YES, ADVISE ON A SEPARA LE SHEET DETAILS OF THE DIRECTORS & OFFICERS LIABILITY INSURANCE AND REMEDIAL MEASURES TAKEN TO PREVENT A RECURRENCE OF SUCH CLAIM(S). Is any person proposed for this insurance aware of any fact, circumstance or situation which may result in a claim against the organization or any of its Directors, Officers, Trustees, Employees, or Volunteers? Yes of No (circle response) If yes, give detail. • Attach Financials • Attach District Directory The undersigned declares that to the best of his/her knowledge and belief the statements set forth herein are true. The undersigned further declares that any occurrence or event taking place prior to the effective date of the insurance applied for which may render inaccurate, untrue, or incomplete will immediately be reported in writing to the Insurer and the Insurer may withdraw or modify any outstanding quotations and/or authorization or agreement to bind the insurance. The insurer is hereby authorized, but not required, to make any investigation and inquiry in connection with the information, statements and disclosures provided in this application. The decision of the Insurer not to make or to limit any investigation or inquiry shall not be deemed a waiver of any rights by the Insurer. Signature: Title: Pre=5" C ei J 7 a:-f/cJ c;' Date: 15 McDonald & Wessendorff Insurance 611 Morton Street Richmond, TX 77469 Phone: (281)633-3200 Email:katrina.thomhiUCmcwess-insurance.com Katrina Thornhill DATE: December 13, 2019 ENGINEER: EHRA ATTN: Blake McGregor EMAIL: bmcgregor@ehrainc.com RE: Rock Prairie Mgnnt District #2; Engineer Report of Values (ERV) We have been requested to submit an insurance proposal for the above referenced District. Please review the questions below and indicate the type and quantity of any facilities pertinent to The District. Indicate how many of the following the district owns. If none, so indicate. Does the district have water wells? If so, number of submersible pumps? Lessors Risk (Sq/Ft) 10/1Pumps 500 HP or greater Swimming Pools IV A Parks / Trails Detention Ponds* 1 Lakes** *Ponds = have sloped sides / primarily for detention/retention — can be wet or dry *"Lakes = mainly far amenity purposes Please complete the following information for all insured facilities. *"*PLEASE NOTE: INSURANCE POLICY IS BASED ON REPLACEMENT COST VALUATION*** LOCATION SCHEDULE Description Address City Arty facilities to insure? Pab £ Replacement Month/Year Flood Zone Value (le: X,A,AE) Fire Alarm: Y/N Sprinklers: YIN IJA A, State Zip Construction & sq ft of buildings Intrusion Alarm: Y/N Central Station Alarm: Y/N PLEASE LIST CONTENTS AS SEPARATE LINE ITEM. TOTAL REPLACEMENT COST: /OA Mobile Equipment (please include year, make, model, serial number & value): Thanks for providing this information to our office. Please call if you should have any questions, or comments concerning this document. SIGN HERE: x 13(4)kt. 1v1 LUVUti )-' Z A owledged By: (Signature) Print Name Date In the eve of a claim, if the values are not updated The District could suffer a financial loss. Please note the Engineer r General Manager's signature approving these values. 16 TRAVELERS CYBERRISK COVERAGE INCLUDES THE FOLLOWING INSURING AGREEMENTS: Liability insuring Agreements: PRIVACY AND SECURITY Coverage for claims arising from unauthorized access to data, failure to provide notification of a data breach where required by law, failure to destroy confidential information, failure to comply with a privacy policy, wrongful collection of private or confidential information, failure to prevent a security breach that results in the inability of authorized users to gain system access, the participation in a DDoS attack, or the transmission of a computer virus. MEDIA Coverage for claims arising from copyright infringement, plagiarism, defamation, libel, slander, and violation of an individual's right of privacy or publicity in electronic and printed content. REGULATORY Coverage for administrative and regulatory proceedings, civil and investigative demands brought by domestic or foreign governmental entities or claims made as a result of privacy and security acts or media acts. Breach Response Ensuring Agreements: r . PRIVACY BREACH NOTIFICATION ® Coverage for costs to notify and provide services to individuals or entities who have been affected by a data breach. Examples include call center services, notification, credit monitoring and the cost to purchase identity fraud insurance. COMPUTER AND LEGAL EXPERTS pe.� Coverage for costs associated with analyzing, containing, or stopping privacy or security breaches; determining whose confidential information L� was lost, stolen, accessed, or disclosed; and providing legal services to respond to such breaches. BETTERMENT Coverage for costs to improve a computer system after a security breach, when the irnprovements are recommended to eliminate vulnerabilities that could lead to a similar breach, CYBER EXTORTION Coverage for ransom and related costs associated with responding to threats made to attack a system or to access or disclose confidential information. • DATA RESTORATION Coverage for costs to restore or recover electronic data, computer programs, or software lost from system damage due to computer virus, denial -of -service attack or unauthorized access. S PUBLIC RELATIONS Coverage for public relations services to mitigate negative publicity resultingfrom an actual or suspected privacy breach, security breach, or media act, Cyber Crime Insuring Agreements: COMPUTER FRAUD Coverage for loss of money, securities, or other property due to unauthorized system access. FUNDS TRANSFER FRAUD Coverage for loss of money or securities due to fraudulent transfer instructions to a financial institution. • SOCIAL ENGINEERING FRAUD AI SAS Coverage for loss of money or securities due to a person impersonating another and fraudulently providing instructions to transfer funds. TELECOM FRAUD Coverage for amounts charged by a telephone service provider resulting from an unauthorized person accessing or using an insured's telephone system. Business Loss Insuring Agreements: BUSINESS INTERRUPTION Coverage for loss of income and expenses to restore operations as a result of a computer system disruption caused by a virus or computer attack, including the voluntary shutdown of systems to minimize the business impact of the event. DEPENDENT BUSINESS INTERRUPTION Multiple coverage options for loss of income and expenses to restore operations as a result of an interruption to the computer system of a third party that the insured relies on to run their business. SYSTEM FAILURE Coverage for loss of income and expenses to restore operations as a result of an accidental, unintentional, and unplanned interruption of an insured's computer system. REPUTATIONAL HARM Coverage for lost business income that occurs as a result of damage to a business' reputation when an actual or potential cyber event becomes public. •At TRAVELERS J Available through the Travelers Wrap*' and Executive Choice+" suite of products. travelers.com -Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT06183 This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or band Inn led by Travelers. It Is not a representation that coverage does or does not edit for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, ail applicable policy or band provisions, and any applicable law. Availability of coverage referenced in this document can depeir� on underwriting qualifications and state regulations. II d� 2018 The Travelers Indemnity Company. All rights reserved. Travelers and the Travelers Umbrella logo are registered trademarks of The Travelers Indemnity Company in the U.S. and athercountries. 59754 Rev. 9-18 McDonald & Wessendorff INSURANCE As required by Chapter 2270, Government Code, McDonald & Wessendorff Insurance hereby verifies that it does not boycott Israel and will not boycott Israel through the teiin of the policies included in this proposal. For purposes ofthis verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. Foreign Terrorists Organizations. Pursuant to Chapter 2252, Texas Government Code, McDonald & Wessendorff Insurance represents and certifies that, at the time of execution ofthis proposal neither McDonald & Wessendorff Insurance, nor any wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. McDonald & Wessendorff insurance • 611 Morton • Richmond, Texas 77469 PH (281) 342-6837 (MUDS) • Fax: (281) 341-6837 (MUDS) 18