NOTICE OF AVAILABILITY DACW63-9-25-0647.pdf

NOA NO. DACW63-9-25-0647

August 14, 2025

NOTICE OF AVAILABILITY

FOR LEASING

COMMERCIAL CONCESSION SITE

FORT WORTH DISTRICT

ISSUED BY: Department of the Army Fort Worth District US Army Corps of Engineers Attention: Real Estate Division (CESWF-RE-M) Post Office Box 17300 Fort Worth, Texas 76102-0300

SITE: Stillhouse Hollow Lake near Belton, Texas, in Bell County, Texas consisting of 115 acres of land and water, more or less, with roads, parking lots, boat ramp, courtesy dock, swim beach, picnic shelters and pavilions, basketball and volleyball courts, and restrooms (hereinafter referred to as the “Property” or the “Site”).

FOR: Commercial Concession (Park and Marina) operations. The Site will be leased on a competitive basis to the individual or organization presenting the best plan for development meeting the criteria as follows and set out in the application package.

Applications will be evaluated by:

1. Diversity of Recreation Opportunities/Operation Proposed

2. Experience and background of applicant.

3. Applicant’s financial capability with an emphasis on capitalization.

4. Applicant’s credit and background check.

Applications shall be submitted in sealed envelopes to include all required documents set forth herein, which will be opened and evaluated on:

DATE: Tuesday, October 14, 2025 TIME: 2:00 P.M. Central Standard Time (CST) ADDRESS: Fort Worth District US Army Corps of Engineers Real Estate Division (CESWF-RE-M) 819 Taylor Street 2A06/Post Office Box 17300, Fort Worth, Texas 76102

Applications received after the above date and time will be considered late, ineligible for consideration, and returned to the address indicated on the application.

The timeline and applicable deadlines for this NOA are as follows:

Thursday, August 14, 2025 Open for lease applications/proposals

Thursday, August 14, 2025 Bidder Inquiry System open for questions

8:00 A.M. CST

Thursday, September 4, 2025 Pre Lease Conference 10:00 A.M. CST at the Fort Worth District Office – Real Estate Division 819 Taylor Street, Room 4A14H* Fort Worth, Texas 76102

Tuesday, October 7, 2025 Bidder Inquiry System closed for questions

5:00 P.M. CST

Tuesday, October 14, 2025 Deadline For Proposals

2:00 P.M. CST

NO LATE PROPOSALS WILL BE ACCEPTED

*Room 4A14H (Texas Room) is located on the fourth floor of the Fritz G. Lanham Federal Building. Attendees will need to have personal identification and be prepared to go through security located on the first floor.

TABLE OF CONTENTS

Notice of Availability for Leasing, Commercial Concession Site, Fort Worth District

Table of Contents

Application Information Package

Identification and Information Regarding Area to Be Leased

1. Purpose and Intent

2. Application Conditions and Pre-Lease Conference

3. Disputes

4. Property to be Leased

5. Prohibited Development

6. Form of Lease

7. Consideration/Rent Provisions

8. Non-Discrimination

9. Environmental Protection

10. Other Conditions

11. Submission of Applications

12. Application Information

13. General Submittal Information

14. Technical Specifications

Exhibits

A. Location Map B. Stillhouse Hollow Lake Map C. Site Map and Legal Description depicting 115 acres, more or less D. Facilities Requirements and Outgrant Management Policy E. Existing Facilities upon the Leased Premises F. Sample Lease Form

APPLICATION INFORMATION PACKAGE

COMMERCIAL CONCESSION DEVELOPMENT

AT

STILLHOUSE HOLLOW LAKE

BELL COUNTY, TEXAS

The information below must appear in the lower left corner of the Lease Application envelope.

NOA No. DACW63-9-25-0647 Sealed Application for Lease of Real Property

Not to be opened until 2:00 P.M. CST on October 14, 2025

Applications are to be received by the USACE no later than 2:00 P.M. CST on October 14, 2025

SITE VISITS MAY BE ARRANGED THROUGH THE LAKE MANAGER, CONTACT:

John Thibodeaux Stillhouse Hollow Lake Project Office

3740 FM 1670

Belton, Texas 76513 Telephone No. (254) 939-2461

Questions from interested lease applicants will be processed through the Bidder Inquiry System web-based application. The Bidder Inquiry System will be available for questions starting August 14, 2025 at 8:00 A.M. CST, and will be unavailable for new inquires after October 7, 2025 at 5:00 P.M. CST.

To submit and review bid inquiry items, interested lease applicants will need to be a current registered user or self-register into the system. To self-register:

1. Go to web page, http://www.projnet.org/projnet

2. Select Managing Agency USACE

3. Enter your e-mail address

4. Enter Bidder Inquiry Key 9T9Q8X-A52YPX

5. Check I agree to the Privacy & Security Notice

6. Click Sign In. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

http://www.projnet.org/projnet

The Bidder Inquiry System will be unavailable for new inquires after 5 P.M. CST on October 7, 2025, in order to ensure adequate time is allotted to form an appropriate response and amend the Notice of Availability (NOA), if necessary. Interested lease applicants are requested to review the NOA in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

Questions and comments to ProjNet Helpdesk staff@projnet.info, 217-367-3273 or

(833) 389-1097.

IDENTIFICATION AND INFORMATION

REGARDING AREA TO BE LEASED

1. PURPOSE AND INTENT: The Property will be leased for development and operation of a park and marina in furtherance of the objective of the Government to obtain facilities and services to meet public demand.

2. APPLICATION CONDITIONS AND PRE-LEASE CONFERENCE:

a. It is the responsibility of the applicant to make sure that all lease provisions are understood, and the condition of the premises proposed for lease are known.

Interested applicants should arrange a site visit through the Lake Manager.

b. Prior to selection of the successful applicant, the U.S. Army Corps of Engineers (the “USACE”) will conduct a pre-lease conference with interested lease applicants on September 4, 2025 at 10:00 A.M. CST. At this conference the lease will be reviewed, the USACE policies will be discussed, unanswered Bidder Inquiry System inquiries will be addressed, and, at the conclusion, the applicants will be required to sign an acknowledgement attesting to the conference and the information provided therein. The pre-lease conference will cover the requirements for submitting proposals. Technical inquiries regarding the Notice of Availability (NOA) are to be submitted via the Bidder Inquiry System by 5 P.M. CST on October 7, 2025. Technical questions will only be addressed via the Bidder Inquiry System to ensure all interested Offerors receive the same information prior to the closing date.

c. By submittal of an application, the applicant agrees to provide non-discrimination and Civil Rights assurances, if applicable.

d. The information provided by the applicant may be used by the USACE to conduct a comprehensive background and credit check.

e. Transparency is a requirement of applications. A failure to disclose limited partners, lenders, or third-party financing being utilized incident to an applicant’s offer will be deemed to be a fraudulent application and result in immediate disbarment from consideration. By submitting an application, the applicant represents that it has fully disclosed its financial backing and all persons materially participating in the venture.

3. DISPUTES: Persons may protest the Terms of the Notice of Availability to Lease before lease applications are due to the Fort Worth District U.S. Army Corps of Engineers, Chief of Real Estate, who shall mail or otherwise furnish a written copy of the decision to the protestor. The Chief of Real Estate will consider such protest within 60 days of delivery but may continue the leasing process.

a. Except as otherwise provided in this proposal, any protest, by a qualified lease applicant,1 concerning a question of fact or law arising under this application, which is not disposed of by agreement may, within 30 days of the date of the government rejection letter to that applicant, be protested to the Chief of Real Estate, Fort Worth District who shall mail or otherwise furnish a written copy of the decision to the lease applicant.

b. In connection with any written protest proceedings under this provision, protestor should clearly:

(1) identify the lease in question;

(2) identify contact parties;

(3) state the reason for the protest;

(4) provide documentation in support of the protest, and;

(5) state what is the desired result.

c. The decision of the Chief of Real Estate, or duly authorized representative for the determination of such protests, shall be final and conclusive.

d. The Chief of Real Estate reserves the right to establish management objectives and requirements designed to achieve these objectives. The objectives are not subject to the disputes process. These objectives include but are not limited to, development plans and schedules, plans for operation and maintenance of the facilities to be leased, performance bonds (if applicable), and terms and conditions of the lease.

e. The Chief of Real Estate will determine whether a lease should be stayed during the protest process. There is a presumption that a lease should be awarded contingent on the outcome of the protest process. Therefore, pending final decision of a dispute, a lessee awarded the lease shall proceed diligently with the performance of the lease and in accordance with the Chief of Real Estate’s decision.

4. PROPERTY TO BE LEASED:

a. Location: The Property is located on the northeast side of Stillhouse Hollow Lake in Belton, Texas. The Government property to be offered for lease is known as Stillhouse Hollow Park and Marina, which is located in Bell County, Texas (referred to herein as the “Property” or the “Site”). The Site is approximately eight (8) miles west of Belton, Texas, fifty (50) miles southwest of Waco, Texas, one hundred thirty-seven

(137) miles south of Fort Worth, Texas, one hundred forty-three (143) miles southwest

1 Only a qualified lease applicant may protest. A qualified applicant for the purpose of protesting are those next in line if the awardee is disqualified because the protest is approved, or qualified because the protested issue will revise the terms of notice.

of Dallas, Texas, and sixty-seven (67) miles north of Austin, Texas. The location of the Property is shown on maps marked Exhibit A and Exhibit B attached hereto.

b. Description: The Property offered for lease consists of 115, acres more or less, as depicted on Exhibit C.

c. The minimum facilities to be contained in all proposals are described in Exhibit D. A successful applicant will provide a detailed proposal for the construction of all planned facilities which are compliant with USACE rules, applicable building codes, and TCEQ sanitation requirements. The Lessee shall acknowledge that it has inspected the Property, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto.

d. All descriptions of the Property, improvements, and maps contained within this NOA are believed to be correct. Any error or omission in the descriptions of the Property or on the maps shall not constitute any ground or reason for non-performance of the provisions and conditions of the lease or claim by the lessee for any refund or deduction from rental.

5. PROHIBITED DEVELOPMENT: Residential, timeshare, and condominiums development is prohibited. See Policy Guidance for Outgrant Management - Administration of Areas Leased for Recreation or Concession Purposes, Public or Private, Exhibit D, for additional guidance on the implementation and enforcement of applicable USACE statutes and regulations.

6. FORM OF LEASE:

a. The successful applicant will be required to enter into a lease with the United States in accordance with the copy of the lease form attached hereto as Exhibit F including any exhibits that may be attached to the lease thereto.

b. The Government at its sole discretion will determine the actual term of the lease based on this application and information submitted, development plans and amortization of investment by the applicant. The actual term of the lease will not be for longer than twenty-five (25) years with potential options to renew for 15, then 10 years, for a total term not to exceed fifty (50) years.

7. CONSIDERATION/RENT PROVISIONS: The annual rental is calculated in accordance with the Revised Graduated Rental System (RGRS). An explanation of RGRS is contained in the lease form Exhibit F. The Government will impose a charge, the amount to be determined by law or regulation, on late payment of rent or other payments due under the agreement for each thirty (30) day period that the payment is overdue. The full late payment will also be applicable to periods of less than thirty (30) days. In addition to the aforementioned charge, an administrative fee will be imposed to any late submittals of lease rental reports and late payments of rental.

8. NON-DISCRIMINATION: The Lessee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin, or religion in the conduct of operations on the leased premises. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board.

9. ENVIRONMENTAL PROTECTION:

a. The Lessee shall comply promptly with any laws, regulations, conditions or instructions of any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. The Lessee shall require all sanitation facilities on boats moored at the Lessee’s facilities, including rental boats, to be sealed against any discharge into the lake. Services for waste disposal, including sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the property in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance.

b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee’s activities, the Lessee shall be liable to restore the damaged resources.

c. Aboveground Storage Tank: The fuel storage and dispensing location must follow all federal, state, and local regulations related to the storage and dispensing of petroleum products. All petroleum storage tanks shall be installed, registered, and maintained in accordance with the current Texas Administrative Code, Title 30, Part 1, Chapter 334, Texas Commission on Environmental Quality petroleum storage tank requirements and NFPA 30A Automotive and Marine Service Station Code. Copies of all required permits and registrations must be furnished to the Lake Manager. A Spill Prevention Control and Countermeasure Plan (SPCCP) in accordance with 40 CFR, Part 112 must also be implemented and provided to the Lake Manager.

d. The Lessee shall prepare a storm water pollution prevention plan (SWPPP) and file a Notice of Intent (NOI) with the EPA or their approved assignees for any construction activities which will disturb an area of one acre or larger.

e. The Lessee shall be responsible for completion of a Phase I Environmental Site Assessment (ESA) and Environmental Condition of Property classification, which will be incorporated by reference as an exhibit to said lease. The Phase I ESA and Environmental Condition of Property shall be completed in accordance with the American Society for Testing and Materials (ASTM) E1527 "Standard for Phase I Environmental Site Assessment". The ESA shall be approved by an Environmental Professional (EP) in accordance with the Environmental Protection Agency's "All Appropriate Inquiries (AAI) rule.

f. The entrance road included in the lease area is within an area classified as an

Environmentally Sensitive Area, as shown on Exhibit C. Activities within this Environmentally Sensitive Area are limited to normal operation and maintenance of the current roadway and existing structures ONLY.

10. OTHER CONDITIONS: The applicant is cautioned that the foregoing relates only to some of the provisions of the lease. The applicant should carefully examine all provisions of the lease and exhibits attached hereto or identified herein.

11. SUBMISSION of APPLICATIONS: It will be the duty of each applicant to have the application delivered by the time and at the place prescribed in this Notice of Availability (NOA). It is recommended that the application be submitted by Special Delivery or Certified Mail with return receipt for verification of delivery date. If there is any doubt that the mailed application will not arrive at the Fort Worth District office on the date and by the time stated in this Notice of Availability, then it should be delivered in person.

Applications will be securely kept, unopened. No responsibility will attach for the premature opening of an application not properly addressed and identified.

a. Sealed, complete proposals to lease should be submitted to the Fort Worth District, US Army Engineer, Corps of Engineers, ATTN: CESWF-RE-M, 819 Taylor Street 2A06/Post Office Box 17300, Fort Worth, Texas 76102. All hard copy submittals will be on paper no larger than 8.5 x 11 inches and bound in a manner consistent with ensuring documents do not become separated from submitted application package.

Documents may be submitted in .pdf format on a suitable non-writable media such as CD or DVD. Electronic applications will not be accepted by e-mail. Applications submitted on writable media such as usb stick, flash rom, or hard drive, will be rejected.

b. Applications will not be accepted after 2:00 p.m. CST on October 14, 2025.

Modifications of applications may be made in sealed envelopes, as for original application, up to that time.

c. Rejection of Application. The right is reserved, as the interests of the Government may require, to reject, at any time any and all applications or portions thereof, received and to accept or reject any items of any applications.

d. Default. In the event that the successful applicant fails to enter into a lease within 30 days after receipt of Government notification that their application has been accepted and receipt of a draft lease for execution, or in the event that the successful applicant fails to otherwise comply with all requirements set forth herein and to execute a lease within the time period stated above the Government may find the applicant as non-responsive and the Government may then select another applicant or re-advertise this Notice of Availability, whichever is in the best interest of the Government and this decision shall be at the Government’s sole discretion.

e. Award of Lease. A lease will be granted to the applicant with the best application, who is responsive to this Notice of Availability, provided that the applicant is responsible, the application is reasonable, and it is in the interest of the Government to issue the lease. The Government hereby reserves the sole right to not award a lease in response to this announcement.

f. Deposit: No deposit is required for this Notice of Availability for Leasing.

12. APPLICATION INFORMATION: The following information must be provided to assist the Government in selecting the successful lease applicant:

a. General Information: Provide name, address, and telephone number of the applicant and, if applicable, the name, address, and telephone number of a representative authorized to act on behalf of the applicant during the course of the lease.

b. Experience and Background: (Not required for federal, state or local governmental entities)

(1) List any/all previous business endeavors with a description of the business operations and status.

(2) Provide a description of any management qualifications and experience.

(3) Provide two (2) third party personal and business references.

(4) If applicant is a corporation it must provide:

(a) Articles of Incorporation and by-laws.

(b) Names, addresses, dates of birth, and Social Security numbers of officers and participating principals and all addresses they have used for the last ten (10) years.

(c) Corporate resolution authorizing the proposed transaction.

(d) Summary of Corporate Activity

(e) Credit Report on the corporation, its principal owners and others deemed necessary.

(5) If applicant is a partnership it must provide:

(a) The partnership agreement.

(b) Names, addresses, dates of birth, and Social Security numbers of the partners and all addresses they have used for the last ten (10) years.

(c) Credit Report on the partners and any others deemed necessary.

(6) If applicant is a sole proprietor he/she must provide his/her Social Security number, date of birth, current address, and all addresses used for the last ten

(10) years.

c. Financial Capability (Note: All financial data will be held in confidence).

(1) If applicant is a corporation or limited partnership it must provide a current financial statement prepared by an independent Certified Public Accountant or by an independent licensed public accountant. It must also include a personal financial statement of the key owners/principals. Limited partnerships must submit a copy of the limited partnership agreement but need not submit financial statements of limited partners. Applicants with limited partners who fail to disclose the limited partnership agreement will be rejected.

(2) If applicant is an individual or partnership he/she/they must provide a complete and current personal financial statement of the individual owners or partners, including copies of the three most recent Federal Income Tax Returns.

(3) Except for governmental agencies, provide the names, addresses, and telephone numbers of at least two commercial or institutional credit references from which the applicant has previously obtained financing. Attach a letter authorizing each credit reference to respond to inquiries from the Government.

(4) Provide a preliminary budget, projected cash flow, estimated operating costs, amortization schedules based on the submitted budget and projections, and detailed plans of financing including identity of proposed lenders. Identify all interim and permanent sources of funds and include copies of loan documents used to implement the assignment.

d. Plan of Operation, Development and Maintenance.

(1) Provide a five-year plan for operation, maintenance, and development of the leased premises. The plan must show goals and objectives for each year showing the estimated cost of any development.

(2) Identify key positions and their duties and responsibilities as they relate to the business.

(3) A performance bond, letter of credit, or performance deposit may be required to defray Government expenses of going through the lease selection process should the successful applicant default under the lease.

(4) Other information may be requested as required by the Real Estate Contracting Officer or his authorized representative.

13. GENERAL SUBMITTAL INFORMATION:

SELECTION CRITERIA: The following equally weighed section criteria (Nos. 1 through 4 below) will be considered by the Government in selecting the successful lease applicant which represents the best value to the Government.

(1) Diversity of Recreation Opportunities/Operation Proposed.

(a) Proposed operation and development.

(b) Design of facilities.

(c) Quality and nature of proposed development.

(d) Consistency of proposed development with the lake setting.

(e) Proposed construction sequencing/phasing.

(2) Experience and background.

(a) Business experience and training.

(b) Comparable experience.

(c) Current or previous work with Federal Government.

(d) Business and personal references.

(3) Financial capability.

(a) A detailed statement of capitalization of the operating entity. List lines of credit along with contact information, assets, and available cash.

(b) A detailed list of any debt incurred to finance the startup and operation of the entity. Describe in detail what income, occupancy, and maintenance assumptions you are making and the basis for such assumptions.

(c) Financial Statement.

(d) Escrow Plan/Operational Reserve. Detail your concept for an escrow plan or operational reserve to ensure that immediate expenses related to the operations and maintenance of the facility will be timely addressed. Explain the basis for your reserve or escrow rate and explain the assumptions you made in determining an acceptable reserve.

(4) Credit and Criminal Background Check.

14. TECHNICAL SPECIFICATIONS

a. Attached Documents:

(1) Location map Exhibit A

(2) Stillhouse Hollow Lake map Exhibit B

(3) Map of the new Stillhouse Hollow Park and Marina lease site depicting approximate boundaries, land classification map, and legal description of the lease area Exhibit C.

(4) Existing facilities upon the lease premises Exhibit E

(5) Example Lease Template Exhibit F

b. POOL LEVEL FLUCTUATION: The water level of the lake is subject to change, fluctuation may be from natural causes and from reservoir operational commitments.

Fluctuating water levels on the lake must be taken into account in the design and the daily operation of facilities. Approximate project operating pools at the dam are as follows:

Top Flood Control Pool Elevation 666.00' NGVD29 Maximum Surcharge Elevation 671.00' NGVD29 Low Pool Historical Elevation 602.14’ NGVD29 Top Conservation Pool Elevation 622.00’ NGVD29 Probable Maximum Flood Elevation 695.60’ NGVD29

EXHIBIT A

LOCATION MAP

The U.S. Army Corps of Engineers has provided these spatial data as a representation of the various geographic information gathered from multiple sources. These data should be viewed only as a representation of the provided information and should not be used for any other purpose. No guarantee is made by the U.S. Army Corps of Engineers regarding the accuracy or completeness of the data or their suitability for a particular use.

EXHIBIT B

STILLHOUSE HOLLOW LAKE MAP

EXHIBIT C

SITE MAP AND LEGAL DESCRIPTION

STILLHOUSE HOLLOW LAKE

CAPITAL REGIONAL PROJECT

BELL COUNTY, TEXAS

COMMERCIAL CONCESSION LEASE

Lessee: Stillhouse Hollow Marina Acres: 115.728

BEING a land lease parcel situated in the John Beal Survey, Abstract No. 70, in Bell County, Texas; said lease also being a portion of that certain called 16.04-acre tract of land (Tract A) acquired via land transfer on 4 April 1957; and being a portion of that certain called 242.85-acre tract of land (Tract 110) acquired by General Warranty Deed on 14 December 1962 to the United States of America in Volume 864, Page 76 of the Records of Deeds of Bell County; and being a portion of that certain called 254.00-acre tract of land (Tract 123) acquired by General Warranty Deed on 21 October 1963 to the United States of America in Volume 891, Page 344 of the Records of Deeds of Bell County; and being a portion of that certain called 390.00-acre tract of land (Tract 127-1) acquired by General Warranty Deed on 16 July 1964 to the United States of America in Volume 910, Page 101 of the Records of Deeds of Bell County; and being more particularly described by the following metes and bounds referencing the Texas State Plane Coordinate System, Central Zone, NAD83:

BEGINNING at a point in the northwest corner of said Tract 127-1 marked with COE Monument DIS 1-29, said point having approximate coordinates N: 10,353,851.7436, E:

3,168,699.3165;

THENCE along the northerly boundary of said Tract 127-1, South 70-50-19 East, a distance of 30.88 feet to a point;

THENCE in a general southeasterly direction along the northerly right-of-way line of Simmons Road, the following twenty-three (23) approximate courses:

1. South 30-28-26 East, a distance of 123.8 feet to a point;

2. South 35-27-20 East, a distance of 103.16 feet to a point;

3. South 46-19-55 East, a distance of 75.24 feet to a point;

4. South 59-53-55 East, a distance of 100.42 feet to a point;

5. South 68-20-39 East, a distance of 189.43 feet to a point;

6. South 70-39-20 East, a distance of 129.85 feet to a point;

7. South 67-02-44 East, a distance of 2.52 feet to a point;

8. South 63-26-06 East, a distance of 76.01 feet to a point;

9. South 60-07-23 East, a distance of 2.31 feet to a point;

10. South 56-48-09 East, a distance of 126.56 feet to a point;

11. South 52-52-20 East, a distance of 2.74 feet to a point;

12. South 48-56-43 East, a distance of 107.5 feet to a point;

13. South 48-13-08 East, a distance of 0.51 feet to a point;

14. South 47-29-22 East, a distance of 63.85 feet to a point;

15. South 44-35-52 East, a distance of 2.02 feet to a point;

16. South 41-42-39 East, a distance of 80.56 feet to a point;

17. South 38-38-12 East, a distance of 2.15 feet to a point;

18. South 35-33-41 East, a distance of 365.63 feet to a point;

19. South 40-09-16 East, a distance of 90.66 feet to a point;

20. South 45-23-23 East, a distance of 84.75 feet to a point;

21. South 52-55-38 East, a distance of 91.97 feet to a point;

22. South 59-14-13 East, a distance of 36.9 feet to a point;

23. South 75-41-58 East, a distance of 17.18 feet to a point;

THENCE departing from said northerly right-of-way line, South 86-10-18 East, a distance of 80.11 feet to a point;

THENCE South 85-45-49 East, a distance of 43.51 feet to a point;

THENCE North 83-32-29 East, a distance of 41.74 feet to a point;

THENCE North 77-41-31 East, a distance of 46.08 feet to a point;

THENCE North 78-12-51 East, a distance of 0.35 feet to a point;

THENCE North 78-41-24 East, a distance of 29.87 feet to a point;

THENCE North 81-31-06 East, a distance of 1.97 feet to a point;

THENCE North 87-10-10 East, a distance of 1.97 feet to a point;

THENCE East, a distance of 47.69 feet to a point;

THENCE South 85-08-34 East, a distance of 3.39 feet to a point;

THENCE South 80-17-12 East, a distance of 78.71 feet to a point;

THENCE South 78-20-04 East, a distance of 43.11 feet to a point;

THENCE North 27-46-01 East, a distance of 143.93 feet to a point;

THENCE North 86-40-22 East, a distance of 77.53 feet to a point;

THENCE South 11-39-01 East, a distance of 178.28 feet to a point;

THENCE North 89-37-08 East, a distance of 57.52 feet to a point;

THENCE South 82-52-30 East, a distance of 52.17 feet to a point;

THENCE East, a distance of 29.96 feet to a point;

THENCE North 86-38-01 East, a distance of 56.18 feet to a point;

THENCE North 85-18-51 East, a distance of 49.79 feet to a point in said northerly right-of-way line of said Simmons Road;

THENCE in a general northeasterly and southeasterly direction along said northerly right-of-way line, the following thirty-seven (37) approximate courses:

1. North 78-30-31 East, a distance of 154.21 feet to a point;

2. North 79-02-51 East, a distance of 0.37 feet to a point;

3. North 79-34-17 East, a distance of 138.43 feet to a point;

4. North 78-06-41 East, a distance of 97.23 feet to a point;

5. North 80-33-14 East, a distance of 1.71 feet to a point;

6. North 82-59-55 East, a distance of 96.11 feet to a point;

7. North 84-13-52 East, a distance of 0.87 feet to a point;

8. North 85-29-10 East, a distance of 31.9 feet to a point;

9. North 89-01-32 East, a distance of 2.47 feet to a point;

10. South 87-26-11 East, a distance of 56.12 feet to a point;

11. South 84-42-54 East, a distance of 1.9 feet to a point;

12. South 81-59-43 East, a distance of 54.08 feet to a point;

13. South 79-14-15 East, a distance of 1.93 feet to a point;

14. South 76-28-37 East, a distance of 67.99 feet to a point;

15. South 75-00-43 East, a distance of 1.03 feet to a point;

16. South 73-32-24 East, a distance of 76.78 feet to a point;

17. South 68-54-18 East, a distance of 3.23 feet to a point;

18. South 64-16-10 East, a distance of 77.09 feet to a point;

19. South 63-02-52 East, a distance of 0.85 feet to a point;

20. South 61-50-37 East, a distance of 67.38 feet to a point;

21. South 56-56-29 East, a distance of 3.42 feet to a point;

22. South 52-02-17 East, a distance of 96.58 feet to a point;

23. South 49-37-16 East, a distance of 1.69 feet to a point;

24. South 47-12-11 East, a distance of 59.8 feet to a point;

25. South 40-44-36 East, a distance of 20.27 feet to a point;

26. South 39-34-46 East, a distance of 65.66 feet to a point;

27. South 39-02-09 East, a distance of 79.81 feet to a point;

28. South 35-58-53 East, a distance of 2.13 feet to a point;

29. South 29-51-58 East, a distance of 2.13 feet to a point;

30. South 26-48-39 East, a distance of 87.19 feet to a point;

31. South 24-16-27 East, a distance of 1.77 feet to a point;

32. South 19-12-16 East, a distance of 1.77 feet to a point;

33. South 16-40-10 East, a distance of 154.56 feet to a point;

34. South 16-53-55 East, a distance of 136.78 feet to a point;

35. South 24-38-49 East, a distance of 76.2 feet to a point;

36. South 28-40-24 East, a distance of 58.01 feet to a point;

37. South 41-54-22 East, a distance of 76.43 feet to a point;

THENCE departing from said northerly right-of-way line, South 61-23-40 East, a distance of 64.13 feet to a point;

THENCE South 75-25-51 East, a distance of 221.26 feet to a point;

THENCE North 61-33-20 East, a distance of 104.16 feet to a point;

THENCE North 35-01-15 East, a distance of 191.19 feet to a point;

THENCE North 14-23-42 East, a distance of 839.09 feet to a point;

THENCE North 20-54-38 West, a distance of 196.47 feet to a point;

THENCE North 55-47-00 West, a distance of 254.36 feet to a point;

THENCE North 73-00-05 West, a distance of 220.16 feet to a point;

THENCE North 14-11-37 East, an approximate distance of 181.15 feet to a point in the shoreline of Stillhouse Hollow Lake having approximate coordinates N:

10,353,297.6287, E: 3,172,551.7787;

THENCE continuing North 14-11-36 East, a distance of 118.36 feet to a point in Stillhouse Hollow Lake;

THENCE North 14-11-37 East, a distance of 35.53 feet to a point in said lake;

THENCE North 82-48-47 East, a distance of 58.41 feet to a point;

THENCE North 85-13-22 East, a distance of 58.41 feet to a point;

THENCE North 87-37-56 East, a distance of 58.41 feet to a point;

THENCE South 89-57-28 East, a distance of 58.41 feet to a point;

THENCE South 87-32-53 East, a distance of 58.41 feet to a point;

THENCE South 85-08-20 East, a distance of 58.41 feet to a point;

THENCE South 82-43-45 East, a distance of 58.41 feet to a point;

THENCE South 80-19-09 East, a distance of 58.41 feet to a point;

THENCE South 77-54-34 East, a distance of 58.41 feet to a point;

THENCE South 75-30-00 East, a distance of 58.41 feet to a point;

THENCE South 73-05-25 East, a distance of 58.41 feet to a point;

THENCE South 70-40-50 East, a distance of 58.41 feet to a point;

THENCE South 68-16-15 East, a distance of 58.41 feet to a point;

THENCE South 65-51-41 East, a distance of 58.41 feet to a point;

THENCE South 63-27-06 East, a distance of 58.41 feet to a point;

THENCE South 61-02-32 East, a distance of 58.41 feet to a point;

THENCE South 58-42-56 East, a distance of 54.37 feet to a point;

THENCE South 56-28-21 East, a distance of 54.37 feet to a point;

THENCE South 54-13-46 East, a distance of 54.37 feet to a point;

THENCE South 51-59-11 East, a distance of 54.37 feet to a point;

THENCE South 49-44-36 East, a distance of 54.37 feet to a point;

THENCE South 27-34-32 East, a distance of 51.56 feet to a point;

THENCE South 18-39-44 East, a distance of 447.42 feet to a point;

THENCE South 11-59-42 East, a distance of 471.82 feet to a point;

THENCE South 05-36-44 West, a distance of 454.55 feet to a point;

THENCE North 84-54-49 West, a distance of 250.7 feet to a point in the shoreline of said Stillhouse Hollow Lake, said point having approximate coordinates N:

10,351,753.7186, E: 3,173,681.2051, from which COE Monument 1-2 bears North 79- 57-49 East, a distance of 1,659.08 feet;

THENCE in a general southwesterly and northwesterly direction along said shoreline, approximately 4,600.85 feet to a point having approximate coordinates N: 10,351,408.4561, E: 3,170,441.3752;

THENCE South 30-01-07 West, a distance of 43.49 feet to a point;

THENCE South 29-05-12 West, a distance of 144.58 feet to a point;

THENCE South 35-19-43 West, a distance of 176.79 feet to a point;

THENCE South 58-44-12 West, a distance of 27.41 feet to a point;

THENCE North 86-21-58 West, a distance of 42.76 feet to a point;

THENCE North 66-03-20 West, a distance of 44.87 feet to a point;

THENCE North 61-28-37 West, a distance of 87.62 feet to a point;

THENCE North 57-59-41 West, a distance of 39.47 feet to a point;

THENCE North 50-06-13 West, a distance of 84.07 feet to a point;

THENCE North 53-16-11 West, a distance of 105.46 feet to a point in said shoreline having approximate coordinates N: 10,351,286.6694, E: 3,169,880.5222;

THENCE in a general northwesterly direction along said shoreline, approximately 1,025.64 feet to a point having approximate coordinates N: 10,351,303.4044, E:

3,168,923.2842;

THENCE South 14-38-59 West, a distance of 220.34 feet to a point;

THENCE North 72-43-48 West, a distance of 442.51 feet to a point;

THENCE North 16-30-29 East, a distance of 179.99 feet to a point in said shoreline having approximate coordinates N: 10,351,394.1710, E: 3,168,496.1475;

THENCE in a general northwesterly direction along said shoreline, approximately

461.24 feet to a point in the common boundary line between said Tract 127-1 to the east and all that certain called 114.00-acre tract of land (Tract 126) acquired by Declaration of Taking, Civil No. 8343, on 11 July 1963 in the United States District Court for the Western District of Texas, Waco Division, to the west; said point having approximate coordinates N: 10,351,568.6328, E: 3,168,102.2587;

THENCE along said common boundary line, North 16-8-20 East, a distance of 632.47 feet to a point;

THENCE South 45-41-11 East, a distance of 36.18 feet to a point;

THENCE South 71-30-24 East, a distance of 118.14 feet to a point;

THENCE South 83-33-39 East, a distance of 195.57 feet to a point;

THENCE North 76-58-31 East, a distance of 158.92 feet to a point;

THENCE North 64-32-21 East, a distance of 138.92 feet to a point;

THENCE North 57-42-23 East, a distance of 148.11 feet to a point;

THENCE South 86-17-13 East, a distance of 126.51 feet to a point;

THENCE South 56-10-39 East, a distance of 94.2 feet to a point;

THENCE South 44-13-2 East, a distance of 103.55 feet to a point;

THENCE South 40-17-58 East, a distance of 17.48 feet to a point;

THENCE South 34-29-20 East, a distance of 288.9 feet to a point;

THENCE South 66-50-42 East, a distance of 174.35 feet to a point;

THENCE South 76-49-39 East, a distance of 171.89 feet to a point;

THENCE South 88-50-54 East, a distance of 275.46 feet to a point;

THENCE North 52-48-55 East, a distance of 85.61 feet to a point;

THENCE North 45-12-41 East, a distance of 164.72 feet to a point;

THENCE North 48-56-57 East, a distance of 54.5 feet to a point;

THENCE North 48-56-59 East, a distance of 23.72 feet to a point;

THENCE North 62-44-56 East, a distance of 37.36 feet to a point;

THENCE North 62-44-57 East, a distance of 147.05 feet to a point;

THENCE South 80-30-37 East, a distance of 192.23 feet to a point;

THENCE South 80-44-7 East, a distance of 271.25 feet to a point;

THENCE South 27-38-50 East, a distance of 5.76 feet to a point;

THENCE South 49-01-42 East, a distance of 165.88 feet to a point;

THENCE South 17-18-42 East, a distance of 88.61 feet to a point;

THENCE South 20-02-18 East, a distance of 583.56 feet to a point;

THENCE South 56-00-50 East, a distance of 117.93 feet to a point;

THENCE South 70-20-46 East, a distance of 38.15 feet to a point;

THENCE South 54-06-46 East, a distance of 32.58 feet to a point;

THENCE South 83-53-49 East, a distance of 91.88 feet to a point;

THENCE North 81-04-09 East, a distance of 55.75 feet to a point in the northerly right-of-way line of Stillhouse Park Road;

THENCE in a general northeasterly direction along said northerly right-of-way line, the following thirty-nine (39) approximate courses:

1. North 78-21-54 East, a distance of 27.38 feet to a point;

2. North 73-31-08 East, a distance of 27.38 feet to a point;

3. North 68-40-20 East, a distance of 27.38 feet to a point;

4. North 63-49-32 East, a distance of 27.38 feet to a point;

5. North 46-56-29 East, a distance of 69.10 feet to a point;

6. North 41-05-58 East, a distance of 49.46 feet to a point;

7. North 26-13-20 East, a distance of 59.07 feet to a point;

8. North 15-04-07 East, a distance of 65.43 feet to a point;

9. North 09-45-09 East, a distance of 52.23 feet to a point;

10. North 01-00-18 West, a distance of 46.22 feet to a point;

11. North 01-30-27 West, a distance of 62.75 feet to a point;

12. North 07-35-41 West, a distance of 49.12 feet to a point;

13. North 13-09-04 West, a distance of 91.22 feet to a point;

14. North 11-52-12 West, a distance of 0.68 feet to a point;

15. North 10-33-40 West, a distance of 100.44 feet to a point;

16. North 09-49-56 West, a distance of 0.36 feet to a point;

17. North 09-11-19 West, a distance of 57.64 feet to a point;

18. North 05-25-46 West, a distance of 1.97 feet to a point;

19. North 01-39-37 West, a distance of 57.76 feet to a point;

20. North 01-04-34 East, a distance of 1.43 feet to a point;

21. North 03-48-50 East, a distance of 37.74 feet to a point;

22. North 08-29-42 East, a distance of 2.45 feet to a point;

23. North 13-10-22 East, a distance of 40.39 feet to a point;

24. North 17-29-12 East, a distance of 2.26 feet to a point;

25. North 21-48-04 East, a distance of 58.58 feet to a point;

26. North 25-02-08 East, a distance of 1.69 feet to a point;

27. North 31-30-23 East, a distance of 1.69 feet to a point;

28. North 34-44-36 East, a distance of 63.13 feet to a point;

29. North 37-57-47 East, a distance of 1.69 feet to a point;

30. North 44-24-31 East, a distance of 1.69 feet to a point;

31. North 47-37-35 East, a distance of 64.56 feet to a point;

32. North 50-27-43 East, a distance of 1.48 feet to a point;

33. North 53-17-50 East, a distance of 57.4 feet to a point;

34. North 56-56-53 East, a distance of 1.91 feet to a point;

35. North 64-15-26 East, a distance of 1.91 feet to a point;

36. North 67-54-46 East, a distance of 62.31 feet to a point;

37. North 70-43-04 East, a distance of 1.47 feet to a point;

38. North 73-30-57 East, a distance of 85.52 feet to a point;

39. North 73-31-07 East, a distance of 1.89 feet to a point in the southerly right-of-way line of Simmons Road;

THENCE in a general northwesterly direction along said southerly right-of-way line, the following sixty-one (61) approximate courses:

1. North 16-40-12 West, a distance of 18.59 feet to a point;

2. North 26-48-39 West, a distance of 83.27 feet to a point;

3. North 39-02-08 West, a distance of 77.48 feet to a point;

4. North 39-34-46 West, a distance of 40.72 feet to a point;

5. North 43-49-17 West, a distance of 88.33 feet to a point;

6. North 47-12-10 West, a distance of 10.15 feet to a point;

7. North 52-02-17 West, a distance of 94.02 feet to a point;

8. North 61-50-37 West, a distance of 65.24 feet to a point;

9. North 64-16-10 West, a distance of 75.05 feet to a point;

10. North 73-32-24 West, a distance of 74.65 feet to a point;

11. North 76-28-37 West, a distance of 66.51 feet to a point;

12. North 81-59-42 West, a distance of 52.16 feet to a point;

13. North 87-26-12 West, a distance of 53.93 feet to a point;

14. South 85-29-10 West, a distance of 30.22 feet to a point;

15. South 82-59-56 West, a distance of 94.82 feet to a point;

16. South 78-06-41 West, a distance of 96.63 feet to a point;

17. South 78-49-39 West, a distance of 0.51 feet to a point;

18. South 79-34-17 West, a distance of 138.5 feet to a point;

19. South 78-30-31 West, a distance of 154.42 feet to a point;

20. South 73-57-37 West, a distance of 68.86 feet to a point;

21. South 77-30-53 West, a distance of 2.48 feet to a point;

22. South 81-03-52 West, a distance of 134.68 feet to a point;

23. South 83-01-13 West, a distance of 1.36 feet to a point;

24. South 84-58-15 West, a distance of 105 feet to a point;

25. South 88-28-05 West, a distance of 2.44 feet to a point;

26. North 84-31-39 West, a distance of 2.44 feet to a point;

27. North 81-01-38 West, a distance of 48.29 feet to a point;

28. North 80-21-18 West, a distance of 0.47 feet to a point;

29. North 79-40-11 West, a distance of 335.84 feet to a point;

30. North 80-22-49 West, a distance of 100.02 feet to a point;

31. North 78-02-08 West, a distance of 1.63 feet to a point;

32. North 75-41-59 West, a distance of 88.08 feet to a point;

33. North 71-35-09 West, a distance of 2.87 feet to a point;

34. North 63-21-21 West, a distance of 2.87 feet to a point;

35. North 59-14-14 West, a distance of 40.9 feet to a point;

36. North 56-04-49 West, a distance of 2.2 feet to a point;

37. North 52-55-37 West, a distance of 94.38 feet to a point;

38. North 49-09-16 West, a distance of 2.63 feet to a point;

39. North 45-23-23 West, a distance of 86.98 feet to a point;

40. North 42-46-22 West, a distance of 1.83 feet to a point;

41. North 40-09-16 West, a distance of 92.37 feet to a point;

42. North 37-51-27 West, a distance of 1.6 feet to a point;

43. North 35-33-41 West, a distance of 365.36 feet to a point;

44. North 41-42-39 West, a distance of 78.48 feet to a point;

45. North 47-29-22 West, a distance of 62.59 feet to a point;

46. North 48-56-42 West, a distance of 105.87 feet to a point;

47. North 56-48-09 West, a distance of 124.02 feet to a point;

48. North 63-26-06 West, a distance of 73.59 feet to a point;

49. North 70-39-20 West, a distance of 128.99 feet to a point;

50. North 69-30-04 West, a distance of 0.81 feet to a point;

51. North 68-20-39 West, a distance of 191.31 feet to a point;

52. North 64-07-22 West, a distance of 2.95 feet to a point;

53. North 59-53-55 West, a distance of 104.27 feet to a point;

54. North 56-30-30 West, a distance of 2.37 feet to a point;

55. North 49-43-25 West, a distance of 2.37 feet to a point;

56. North 46-19-56 West, a distance of 79.53 feet to a point;

57. North 43-36-47 West, a distance of 1.9 feet to a point;

58. North 38-10-32 West, a distance of 1.9 feet to a point;

59. North 35-27-20 West, a distance of 105.93 feet to a point;

60. North 32-58-02 West, a distance of 1.74 feet to a point;

61. North 30-28-26 West, a distance of 128.31 feet to a point in the western boundary line of said Tract 127-1;

THENCE North 14-41-04 East, a distance of 28.21 feet to the POINT OF BEGINNING, containing 121.335 acres, more or less;

SAVE AND EXCEPT from the above-described 121.335-acre land lease parcel a 5.607-acre parcel in said Tract 110 being more particularly described by the following metes and bounds referencing the Texas State Plane Coordinate System, Central Zone, NAD83:

COMMENCING at a southwest corner of said Tract 123 marked by COE Monument 1- 26, said point being situated in the northern boundary line of said Tract 127-1 and having approximate coordinates N: 10,353,480.4450, E: 3,169,965.2451;

THENCE South 58-56-04 East, a distance of 2,491.48 feet to the POINT OF

BEGINNING, said point being the corner common to the southerly right-of-way line of Stillhouse Park Road and the southerly right-of-way line of Simmons Road, said point having approximate coordinates N: 10,352,194.7942, E: 3,172,099.3878;

THENCE in a general southeasterly direction along said southerly right-of-way line of Simmons Road, the following seven (7) approximate courses:

1. South 16-40-11 East, a distance of 104.28 feet to a point;

2. South 16-53-55 East, a distance of 138.21 feet to a point;

3. South 20-46-33 East, a distance of 2.7 feet to a point;

4. South 24-38-49 East, a distance of 78.25 feet to a point;

5. South 29-37-00 East, a distance of 138.82 feet to a point;

6. South 33-04-15 East, a distance of 58.72 feet to a point;

7. South 68-16-44 East, a distance of 151.52 feet to a point;

THENCE South 60-21-42 West, a distance of 76.37 feet to a point;

THENCE North 64-01-32 West, a distance of 99.3 feet to a point;

THENCE North 43-46-05 West, a distance of 150.55 feet to a point;

THENCE North 84-40-04 West, a distance of 86.21 feet to a point;

THENCE South 56-33-36 West, a distance of 72.69 feet to a point;

THENCE South 00-45-59 East, a distance of 342.22 feet to a point;

THENCE South 35-10-51 West, a distance of 50.52 feet to a point;

THENCE South 35-10-50 West, a distance of 120.3 feet to a point;

THENCE South 60-37-12 West, a distance of 183.27 feet to a point;

THENCE South 70-52-45 West, a distance of 94.95 feet to a point in said southerly right-of-way line of Stillhouse Park Road;

THENCE in a general northeasterly direction along said southerly right-of-way line of Stillhouse Park Road, the following thirty-one (31) approximate courses:

1. North 51-40-41 East, a distance of 32.23 feet to a point;

2. North 46-56-29 East, a distance of 69.86 feet to a point;

3. North 44-01-03 East, a distance of 1.53 feet to a point;

4. North 41-05-58 East, a distance of 52.19 feet to a point;

5. North 37-22-55 East, a distance of 1.95 feet to a point;

6. North 29-56-42 East, a distance of 1.95 feet to a point;

7. North 26-13-20 East, a distance of 62.49 feet to a point;

8. North 23-25-49 East, a distance of 1.46 feet to a point;

9. North 17-51-24 East, a distance of 1.46 feet to a point;

10. North 15-04-07 East, a distance of 67.59 feet to a point;

11. North 12-24-15 East, a distance of 1.39 feet to a point;

12. North 09-45-08 East, a distance of 54.34 feet to a point;

13. North 07-04-07 East, a distance of 1.41 feet to a point;

14. North 01-40-59 East, a distance of 1.41 feet to a point;

15. North 01-00-18 West, a distance of 47.77 feet to a point;

16. North 01-30-27 West, a distance of 63.68 feet to a point;

17. North 04-32-56 West, a distance of 1.59 feet to a point;

18. North 07-35-40 West, a distance of 50.65 feet to a point;

19. North 10-22-19 West, a distance of 1.45 feet to a point;

20.