Lisa Morris

From: Sent: To: Subject: Damon P. Palermo [dpalermo@palermobarr.com] Wednesday, June 09, 2010 11:12 A M Don Norrell RE: Laukien-Township Lease - Permitted Uses

Don, Very good direction. Thank you. Now, please review the drawing for the RF median cut and let me know if that is sufficient to arm you and Nelda. Thank you, Damon From: Don Norrell [mailto:DNorrell@thewoodlandstownshlp-tx.gov] Sent: Wednesday, June 09, 2010 11:08 AM To: Damon P, Palermo Subject: RE: Laukien-Township Lease - Permitted Uses

Damon, I agree with Dirk and do not want to have a "City Hall" and court operation together. In my opinion these are not compatible operations for many of the reasons that Dirk cites. It would be my intent that should we incorporate as a municipality that we contract with the County to continue to provide municipal court sei*vices until a separate court facility can be developed and the transition of operations can occur in an orderly manner. However, since we don't know how things will work as we move forward, it would be beneficial to have an option for a period of no longer than 12 months to use a portion of this leased office space to establish a court structure. This would at least give us time to find acceptable permanent space. A municipal coun operation would only process traffic and city ordinance violations and would not handle criminal court activities. I am just asking for a 12 month flexibilitv' but i f this is not acceptable to Dirk, I respect his concerns and this can be excluded from the building use. In regard to fire facilities, I could not see a situation where we would ever operate a fire station from this facility. What we do need is the ability to operate the fire dispatch operation from this facility and also potentially use this facility for our emergency operations center. The emergency operations center directs the operations of the Township during emergency events and provides space for briefing the press and holding meetings / this is essentially an office operation. The field operations would continue to be housed at other locations such as the parks and maintenance facilities and the fire stations. Don

From: Damon P. Palermo [mailto:dpalermo@palermobarr.com] Sent: Wednesday, June 09, 2010 8:41 A M To: Don Norrell Subject: FW: Laukien-Township Lease - Permitted Uses Importance: High
1

EXHIBIT " K " D E C L A R A T I O N OF RESTRICTIONS THE S TATR OF T E X . \ C O U N T Y 0 | - M O N 1 CJOMiiRY D L ; C L A RATION OF RESTRICTIONS ('Peclaralion"). effective , 2010 ("EfTective Date"), is between T H E W O O D L A N D S TOVVN'SHIP, a political subdivision o f the Slate o f Texas, duly created and operating pursuant lo Chapter 289, Acts o f the 73rd Texas Legislature, Regular Session, 1993, as amended ("Township"), and D I R K D . L A U K I E N , an individual CT.aukien"). THIS

RECITALS:
(a) Township is the owner o f certain tract o f land containing approximately 6.920 acres located in the John T a y l o r Survey, A - 5 4 7 , in Montgomery County, Texas, more particularly described in A n n e x " A " attached to and incoiporated in this Declaration by reference for all purposes ( " T o w n s h i p Tract"). Laukien is the owner o f ( i j that certain tract o f land containing approximately 7.638 acres located in the John T a y l o r Survey, A - 5 4 7 , in M o n t g o m e r y County, Texas, more particularly described in A n n e x " B " attached to and incoi-pnratcd in this Declaration by reference for all purposes, and ( i i ) thai certain tract o f land containing approximately acres located in the Surve>, A , in M o n t g o m e r y County, Texas, more particularly described in Annex " C " attached to and incorporated in this Declaration by reference for all puiposes | N O T E - T H I S T H E D E S C R I P T I O N O F D I R K ' S H O M E L O T | ("Laukien Tracts"). (c) ' I b w n s h i p and L a u k i e n desire, pursuant to the terms and conditions o f this Declaration, to restrict the Township Tract for the benefit o f the Laukien 'I'racts. DECI.AR.-iT/ON: For good and valuable consideration, the receipt and sulTiciency acknowledged by Township and Laukien, the parties agree as follows: 2. of which are

(b)

Use Restrictions o n T o w n s h i p T r a c t . The l o w n s h i p Tract shall be used solely and exclusively for the construction and operation o f a b u i l d i n g not to exceed 25 feet in height and containing no more than 73,500 gross square feet o f space, w i t h such service facilities and parking areas as are necessary and appurtenant thereto. The tract and all improvements constructed thereon shall be used only for office, research, laboratories, light manufacturing and warehouse purposes. Uses prohibited on the Township Tract, include, but are not limited to. the f o l l o w i n g : (a) a Jail or other facility for the detention o f persons in lawful detention; or

Exhibit -T" - i

(b)

a court faciliiy. nouvithstanding the foregoing, however, i f the owner o f the 'Township Tract is The Woodlands Township, or any municipality, district, or other governmental entity thai is the legal corporate successor to The Woodlands 'I'ovvnship, then the T o w n s h i p Tract may, however, be used as a temporary court facility for up lo twelve (12) consecutive months lo process traffic ticket violations and municipal ordinance violations (but no non-traffic related criminal hearings or proceedings may be conducted on the T o w n s h i p Tract at any time) (the uses prohibited in (a) and (b) shall not be deemed lo be an exclusive list o f the uses prohibited on the Township Tract).

The further covenant, condition, and restriction that there is expressly prohibited any use or activity on the T o w n s h i p Tract, even i f otherwise permitted above, v\hich either: (i) causes, permits, or results in the emission beyond the boundary o f the l o w n s h i p Tract o f any sound, vibration, dust, air, or water pollutant or contaminant, odor, glare, smoke, gas, fume, radiation, radio-activity, eleclro-magnetic disturbance or radiation, or any other emittent that is unlawful or unreasonably and materially interferes with the use and enjoyment o f adjacent property; or causes, pemiils, or results in the discharge into sanitary sewage lines o f any chemical, substance, or material in an amount exceeding the level acceptable by the City o f Houston, Texas, without surcharge as domestic household sewage.

(ii)

2.

Effect of Invalidation. I f any non-es.scntial term or condition o f this Declaration is held to be invalid or unenforceable by any court, then the invalidity or unenforceability o f such term or condition shall not affect the validity olThe remaining terms and conditions o f the Declaration. Successors and Assigns. This Declaration shall run w i t h the T o w n s h i p Tract and the Laukien Tracts and be binding upon and inure lo the benefit o f Township and Laukien, and their respective successors and assigns. Prior E n c u m b r a n c e s . T his Declaration is made subject to all encumbrances and other matters o f record in the Official Public Records o f Montgomery County, Texas.

3.

4.

5.

No T h i r d P a r t y Beneficiaries: .'Amendment. No land, other than the Laukien Tracts, and no third parties are intended to be benefited by this Declaration. This Declaration may be only amended or terminated by a written agreement, executed by T o w n s h i p and Laukien, or their respective successors or assigns.that defines the amendment or termination lo be made and is recorded in the OlTicial Public Records o f Real Property o f Montgomery County, Texas.

Remainder of page intentionally blank

E x h i b i t "V - ii

Kxecuted to be effective on the Effective Dale.

L.4UKIEN:

D i r k D . Laukien

TOWNSHIP: THE W O O D L A N D S fOWN'SHlP a political subdivision olThe Siale o f Texas

By: _ Name: Title:

T H E S T A I T OF T E X A S C O L I N T Y Oi- M 0 N T G 0 . V 1 E R Y

, 2010, by Dll-OC

This instrument was acknowledged before me on _ D . L A U K I E N , an individual.

Notary Public, Slate o f Texas T H E S T A T E OF T E X A S C O U N T Y OF M O N T G O M E R Y This instrument J;

was acknowledged before me on , 2010. by , of THE W O O D L A N D S T O W ' N S H I P , a political subdivision o f the State o f Texas, on behalf o f said political subdivision.

Notary Public, State o f Texas

WHEN RECORDED, RETLIRN T O : D i r k D. Laukien c/o Black Forest Ventures, L L C 2630 Technology Forest B l v d . The Woodlands.'Te.vas 77381

Exhibit " 1 " - iii