FIRST AMENDMENT TO MASTER LAND AND BUILDING LEASE
Exhibit 10.10
FIRST AMENDMENT TO MASTER LAND AND BUILDING LEASE
THIS FIRST AMENDMENT TO MASTER LAND AND BUILDING LEASE (this “Amendment”) is made and entered into as of the 14 day of April, 2016 by and between PIPE PORTFOLIO OWNER EXCHANGE (MULTI) LP, a Delaware limited partnership (“Landlord”), and FORTERRA PIPE & PRECAST, LLC, a Delaware limited liability company, FORTERRA PRESSURE PIPE, INC., an Ohio corporation, FORTERRA CONCRETE PRODUCTS, INC., an Iowa corporation, and FORTERRA CONCRETE INDUSTRIES, INC., a Tennessee corporation (individually and collectively, jointly and severally, as co-tenants “Tenant”).
W I T N E S S E T H:
WHEREAS, Landlord and Tenant are parties to that certain Master Land and Building Lease, dated as of April 5, 2016 (the “Original Lease”, as amended hereby, and as further amended from time to time, the “Lease”), which Original Lease demises real estate, improvements and related fixtures more particularly described therein, under the terms and conditions more particular described therein; and
WHEREAS, Landlord and Tenant desire to add the Additional Demised Properties (as hereinafter defined) to the Original Lease, all as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Definitions. All capitalized terms used but not otherwise defined herein shall have the same meanings as set forth in the Original Lease.
2. Recitals. The foregoing recitals are hereby incorporated into this Amendment by reference. As used in this Amendment, “Additional Demised Properties” means those certain properties listed on Exhibit A attached hereto and made a part hereof together with the Land and Improvements, but excluding any Tenant Equipment, thereon.
3. Lease Amendments. Effective as of the date of this Amendment, the Original Lease is hereby amended as follows:
(a) the definition of “Demised Properties” shall be amended to include the Additional Demised Properties;
(b) the initial Base Rent for the Demised Properties (including, without limitation, the Additional Demised Properties) as set forth in Section 3.02(b) of the Original Lease, shall be an amount equal to $14,339,761.00 per annum ($1,194,980.08 per month);
(c) the Replacement Cap example set forth in Section 31.01 of the Original Lease is revised to “up to fifteen (15) individual Demised Properties; but not more than an aggregate 1,225,901.60 rentable square feet of the Demised Properties”;
(d) the following shall be added to the Original Lease as a new Section 8.03(a):
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“Section 8.03 Elk River.
(a) Landlord and Tenant acknowledge and agree that (i) a portion of what is commonly referred to as Building 7 (including a conveyor belt, shelter, intake and silo) on that certain Demised Property located at 1340 6th Street, in Elk River, Minnesota (the “Elk River Property”), encroaches onto a property contiguous with the Elk River Property (the “Elk River Encroachment”, and such contiguous property, the “Neighboring Property”), which Elk River Encroachment is depicted on that certain survey of the Elk River Property, dated as of February 2, 2016, prepared by Ulteig Engineers, Inc., (ii) Landlord has an owner’s policy of title insurance issued by Stewart, which provides Landlord with insurance coverage for certain losses Landlord may incur as a result of Building 7 encroaching onto the Neighboring Property (the “Elk River Title Policy”), and (iii) if, at any time during the Lease Term, a third-party asserts its rights in and to the Neighboring Property, then either (a) if, as a result thereof, Building 7 must be relocated onto the Elk River Property, then Landlord shall file a claim against Stewart under its Elk River Title Policy upon receipt of any reasonable documentation that Landlord may need to receive from Tenant in order to file such claim (the “Elk River Supporting Documentation”), and Tenant shall move Building 7 onto the Elk River Property at Tenant’s sole cost and expense, subject to Tenant receiving any title insurance proceeds (or reimbursement from Landlord) due to Tenant as set forth herein; provided, that Landlord shall not be required to reimburse such costs in excess of the title insurance coverage amount that Landlord actually obtained under the Elk River Title Insurance Policy or (b) if such third-party agrees to permit Building 7 to perpetually remain on the Neighboring Property, subject to payment of a reasonable sum delivered to such third party as consideration for permitting Building 7 to perpetually remain on the Neighboring Property, such that, upon payment of such sum Building 7 will no longer be deemed to be an encroachment upon the Neighboring Property, then Tenant shall pay such sum to such third party and Landlord, Tenant and such third-party shall enter into an agreement, reasonably acceptable to each party thereto, permitting Building 7 to perpetually remain on the Neighboring Property. It being the intention of Landlord and Tenant that (y) if Building 7 must be moved onto the Elk River Property, then all proceeds received by Landlord resulting from a successful claim against Stewart under the Elk River Title Policy in connection with the Elk River Encroachment shall be promptly delivered to Tenant to cover any and all costs incurred by Tenant in connection with Tenant’s relocation of Building 7 pursuant to the terms of this Section 8.03, and any excess Elk River Title
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Policy insurance proceeds shall be retained by Landlord and (z) if Building 7 is permitted to remain on the Neighboring Property subject only to such third-party receiving a reasonable sum in exchange for permitting Building 7 to remain on the Neighboring Property, then Tenant shall be responsible for payment of such sum, without deduction or offset against Rent or any reimbursement thereof from Landlord.” Notwithstanding the foregoing, if Landlord fails to file a claim under clause (a) above within thirty (30) days after receipt of the Elk River Supporting Documentation and Tenant’s completion of the relocation of Building 7, then Tenant shall provide notice of such failure to Landlord (the “Elk River Notice”). If Landlord does not cure such failure by instituting a claim under its Elk River Title Insurance Policy, as required by clause (a) above, within fifteen (15) days after receipt of the Elk River Notice, then Tenant shall provide Landlord with a reasonably detailed invoice for all reasonable, actual out-of-pocket costs incurred by Tenant in connection with Tenant’s relocation of Building 7 (the “Elk River Invoice”), pursuant to the terms hereof, and Landlord shall reimburse Tenant for such costs within thirty (30) days after receipt of the Elk River Invoice; provided, that Landlord shall not be required to reimburse such costs in excess of the title insurance coverage amount that Landlord obtained under the Elk River Title Insurance Policy.”
(e) the following shall be added to the Original Lease as a new Section 8.03(b):
“(b) Landlord and Tenant acknowledge and agree that as of the date hereof, certain portions of the Elk River Property (including, but not limited to, that portion subject to the Elk River Encroachment), are not owned in fee by either Landlord or Tenant, which portions are more specifically set forth on Exhibit I attached hereto and made a part hereof (collectively, the “Remaining Elk River Property”), but are instead owned in fee, either directly or by operation of law, by the City of Elk River (the “City”) or a third party, and, due to an oversight by the City, were not deeded from the City to the fee owner of the remaining portions, of the Elk River Property prior to the date hereof. The City is currently working to rectify this situation, and Tenant hereby covenants that if all or any portion of the Remaining Elk River Property is either deeded by the City to Tenant (as the prior fee owner of the Elk River Property) or Tenant is deemed to be the fee owner of all or any portion of the Remaining Elk River Property through a successful quite title action, then Tenant shall promptly transfer all or such portion of the Remaining Elk River Property to Landlord by executing a deed substantially similar to the deed received by Tenant conveying such Remaining Elk River Property (or applicable portion thereof) to Landlord which deed shall be in a form
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sufficient for such deed to be recorded in the applicable real property records where the Elk River Property is located, all to be done at Tenant’s sole cost and expense. Tenant shall use commercially reasonable best efforts to work with the City or any third-party holder of ownership interests in the Remaining Elk River Property, including commencing any litigation or other legal proceedings and diligently pursuing same and making any reasonable payment required by either the City or any such third-party (such reasonable payment, being up to the fair market value of the Remaining Elk River Property), in cooperation with Landlord, to permit Landlord to acquire fee simple title to the Remaining Elk River Property no later than the one (1) year anniversary of the Commencement Date; provided, however, that Landlord and Tenant acknowledge and agree that while Tenant may take the forgoing actions, Landlord, as the owner of the Elk River Property, will be the named litigant and the signatory on any such legal proceedings and/or documents and must reasonably cooperate with Tenant’s efforts in order for the Remaining Elk River Property to be transferred in fee to Landlord during such one (1) year period. At such time as Landlord owns fee simple title to the Remaining Elk River Property, (i) the Remaining Elk River Property shall automatically be deemed part of the Elk River Property, and upon the request of Landlord or Tenant, as the case may be, the parties shall enter into an amendment to this Lease to memorialize the same and account for any encumbrances on the same and (ii) Landlord shall be permitted to obtain a date down endorsement to the Elk River Title Policy, and Tenant shall reasonably cooperate with Landlord’s efforts to obtain same, which date down endorsement shall reflect the addition of the Remaining Elk River Property as a portion of the legal description insured by the Elk River Title Policy, such reasonable costs and expenses thereof to be paid for by Tenant.”
(f) Schedule 2 (List of Original Movable Building Equipment) attached to the Original Lease is deleted in its entirety and replaced with Schedule 2 attached hereto and made a part hereof;
(g) Schedule 7.02 (List of Required Repairs) attached to the Original Lease is deleted in its entirety and replace with Schedule 7.02 attached hereto and made a part hereof;
(h) Each of Schedule 8.03(A) List of Structural Encroachments and Schedule 8.03(B) (List of Non-Structural Encroachments, attached to the Original Lease, is deleted in its entirety and replaced with Schedule 8.02(A) and Schedule 8.02(B), respectively, attached hereto and made a part hereof, and all references in the Original Lease to “Schedule 8.03(A)” or “Schedule 8.03(B)” or “Section 8.03” are hereby amended to reference “Schedule 8.02(A)”, “Schedule 8.02(B)” and “Section 8.02”, respectively.; and
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(i) Exhibit A-1 (Location/Address of Demised Properties/Adjustment Amounts) attached to the Original Lease is deleted in its entirety and replaced with Exhibit A-1 attached hereto and made a part hereof.
4. Entire Agreement. The entire agreement of the parties with respect to the subject matter hereof is set forth in the Original Lease as amended by this Amendment.
5. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed and shall constitute a single, integrated original document.
6. Headings. The section headings of this Amendment are for convenience only and are not intended, and shall not be construed to alter, limit, or enlarge in any way the scope or meaning of the language contained in this Amendment. No inference in favor of or against any party should be drawn from the fact that such party drafted or participated in the drafting of this Amendment or that such provisions have been drafted on behalf of such party.
7. Unitary Lease. For the avoidance of doubt, Landlord and Tenant agree that: the Original Lease, as amended by this Amendment, constitutes a single and indivisible lease as to all of the Demised Properties (as modified by this Amendment) collectively, and shall not be subject to severance or division. In furtherance of the foregoing, Landlord and Tenant each (a) waives, to the fullest extent permitted by Law, any claim or defense based upon the characterization of the Lease (as amended by this Amendment), as anything other than a master lease of all the Demised Properties (as amended by this Amendment), and irrevocably waives, to the fullest extent permitted by Law, any claim or defense that asserts that the Lease (as amended by this Amendment) is anything other than a master lease, (b) covenants and agrees that it will not assert that the Lease (as amended by this Amendment) is anything but a unitary, unseverable instrument pertaining to the lease of all, but not less than all, of the Demised Properties (as amended by this Amendment), (c) stipulates and agrees not to challenge the validity, enforceability or characterization of the Lease of the Demised Properties (as amended by this Amendment), as a unitary, unseverable instrument pertaining to the lease of all, but not less than all, of the Demised Properties (as amended by this Amendment), and (iv) shall support the intent of the parties that the Lease (as amended by this Amendment)is a unitary, unseverable instrument pertaining to the lease of all, but not less than all, of the Demised Properties (as amended by this Amendment), if, and to the extent that, any challenge occurs. To the extent that legal, tax or title insurance requirements in consummating the purchase of the Demised Properties by Landlord or leasing the Demised Properties (in each case, as amended by this Amendment), to Tenant, may require, or may have required, individual purchase price allocations (including allocations of values for individual state transfer tax purposes and title insurance coverage amounts) or individual rent allocations (including allocations of rents in certain states for tax purposes), Landlord and Tenant agree that such individual allocations are solely to comply with legal, tax or title insurance requirements, and shall not be used or construed, directly or indirectly, to vary the intent of Landlord and Tenant that the Lease (as amended by this Amendment) constitutes a single and indivisible lease of all the Demised Properties (as amended by this Amendment) collectively and is not an aggregation of separate leases. The foregoing agreements and waivers by Tenant in this Paragraph 7 are made as a material inducement to Landlord to enter into the transaction contemplated by the Lease as modified by this Amendment and that, but for the foregoing agreements and waivers by Tenant, Landlord would not consummate the Original Lease or this Amendment.
8. Lease in Full Force and Effect. Except as expressly set forth in this Amendment, , all of the terms and provisions of the Original Lease are hereby ratified and confirmed, and the Original
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Lease (as amended hereby) remains in full force and effect. All references in the Original Lease to “this Lease” (or similar phrase) shall be deemed to refer to the Original Lease as modified by this Amendment, and all references in the Original Lease to “Demised Properties” shall be deemed to refer to the Demised Properties as such term is defined in this Amendment.
[Signature Pages to Follow]
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IN WITNESS WHEREOF, this Amendment is executed by the parties as of the day and year first set forth above.
| LANDLORD: | ||||||
| PIPE PORTFOLIO OWNER EXCHANGE (MULTI) LP, | ||||||
| a Delaware limited partnership | ||||||
| By: | PIPE PORTFOLIO EXCHANGE GP LLC, | |||||
| a Delaware limited liability company, its general partner | ||||||
| By: | WPC HOLDCO LLC, | |||||
| a Maryland limited liability company, its sole member | ||||||
| By: | W. P. CAREY INC., | |||||
| a Maryland corporation, its sole member | ||||||
| By: | /s/ Gino M. Sabatini | |||||
| Name: | Gino M. Sabatini | |||||
| Title: | Managing Director | |||||
| STATE OF New York | ) | |||||
| ) | ss. | |||||
| COUNTY OF New York | ) |
On the 13th day of April in the year 2016 before me, the undersigned, a Notary Public in and for said state, personally appeared Gino M. Sabatini, proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
| /s/ Robert K Pollak | ||||
| Signature of Notary Public | ||||
| (Seal) | Commission expires: 08/05/17 | |||
| Commission no. 01PO6287036 | ||||
| WITNESS SIGNATURES: | ||||
| By: | /s/ Leah Speckland | ROBERT K POLLAK Notary Public, State of new York No. 01PO6287036 Qualified in New York Country Certificate filed in New York Country Commission Expires August 05, 2017 | ||||||
| Name: | Leah Speckland
| |||||||
| By: | /s/ Abigail Lamb | |||||||
| Name: | Abigail Lamb |
| Signature Page | First Amendment to Master Lease (US) |
| TENANT: | ||
| FORTERRA PIPE & PRECAST, LLC, | ||
| a Delaware limited liability company | ||
| By: | /s/ Lori M. Browne | |
| Name: | Lori M. Browne | |
| Its: | Vice President | |
| WITNESS SIGNATURES: | ||
| By: | /s/ Jennifer Lefler | |
| Name: | Jennifer Lefler | |
| By: | /s/ Kelly S. Simpson | |
| Name: | Kelly S. Simpson | |
| STATE OF TEXAS | ) | |||||
| ) | ss. | |||||
| COUNTY OF DALLAS | ) |
On the 14th day of April in the year 2016 before me, the undersigned, a Notary Public in and for said state, personally appeared Lori M. Browne, proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
|
(Seal) |  | /s/ Margaret Hobbs Signature of Notary Public Commission expires: 05-22-2019 Commission no. 222638-0 | ||||
[SIGNATURES CONTINUE ON NEXT PAGE]
| Signature Page | First Amendment to Master Lease (US) |
| FORTERRA PRESSURE PIPE, INC., | ||
| an Ohio corporation | ||
| By: | /s/ Lori M. Browne | |
| Name: | Lori M. Browne | |
| Its: | Vice President | |
| WITNESS SIGNATURES: | ||
| By: | /s/ Jennifer Lefler | |
| Name: | Jennifer Lefler | |
| By: | /s/ Kelly S. Simpson | |
| Name: | Kelly S. Simpson | |
| STATE OF TEXAS | ) | |||||
| ) | ss. | |||||
| COUNTY OF DALLAS | ) |
On the 14th day of April in the year 2016 before me, the undersigned, a Notary Public in and for said state, personally appeared Lori M. Browne, proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
|
(Seal) | | /s/ Margaret Hobbs Signature of Notary Public Commission expires: 05-22-2019 Commission no. 222638-0 | ||||
[SIGNATURES CONTINUE ON NEXT PAGE]
| Signature Page | First Amendment to Master Lease (US) |
| FORTERRA CONCRETE PRODUCTS, INC. | ||
| an Iowa corporation | ||
| By: | /s/ Lori M. Browne | |
| Name: | Lori M. Browne | |
| Its: | Vice President | |
| WITNESS SIGNATURES: | ||
| By: | /s/ Jennifer Lefler | |
| Name: | Jennifer Lefler | |
| By: | /s/ Kelly S. Simpson | |
| Name: | Kelly S. Simpson | |
| STATE OF TEXAS | ) | |||||
| ) | ss. | |||||
| COUNTY OF DALLAS | ) |
On the 14th day of April in the year 2016 before me, the undersigned, a Notary Public in and for said state, personally appeared Lori M. Browne, proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
|
(Seal) | | /s/ Margaret Hobbs Signature of Notary Public Commission expires: 05-22-2019 Commission no. 222638-0 | ||||
[SIGNATURES CONTINUE ON NEXT PAGE]
| Signature Page | First Amendment to Master Lease (US) |
| FORTERRA CONCRETE INDUSTRIES, INC., | ||
| a Tennessee corporation | ||
| By: | /s/ Lori M. Browne | |
| Name: | Lori M. Browne | |
| Its: | Vice President | |
| WITNESS SIGNATURES: | ||
| By: | /s/ Jennifer Lefler | |
| Name: | Jennifer Lefler | |
| By: | /s/ Kelly S. Simpson | |
| Name: | Kelly S. Simpson | |
| STATE OF TEXAS | ) | |||||
| ) | ss. | |||||
| COUNTY OF DALLAS | ) |
On the 14th day of April in the year 2016 before me, the undersigned, a Notary Public in and for said state, personally appeared Lori M. Browne, proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
|
(Seal) | | /s/ Margaret Hobbs Signature of Notary Public Commission expires: 05-22-2019 Commission no. 222638-0 | ||||
| Signature Page | First Amendment to Master Lease (US) |
CONSENT AND RATIFICATION OF GUARANTOR
The undersigned, as Guarantor under that certain Guaranty of Master Land and Building Lease, dated as of April 5, 2016 (the “Guaranty”), hereby unconditionally and irrevocably: (a) consents to the execution and delivery of, and performance under, the First Amendment to Master Land and Building Lease to which this Consent and Ratification is attached (the “Amendment”); (b) ratifies and confirms the terms and provisions of the Guaranty with respect to the Original Lease as amended by this Amendment and the obligations thereunder, and confirms that the Guaranty continues to constitute a valid and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms; and (c) agrees that the execution and delivery of the Amendment shall not operate to release, discharge, serve as a defense to, or in any way alter or amend the obligations of the undersigned under the Guaranty.
Executed as of April 14, 2016
| GUARANTOR | ||
| LSF9 CONCRETE HOLDINGS LTD, | ||
| a company incorporated under the laws of the Bailiwick of Jersey | ||
| By: | /s/ Jonathan Rosen | |
| Name: | Jonathan Rosen | |
| Title: | Director | |
[Guarantor Ratification - First Amendment to Master Lease (US)]
SCHEDULE 2
LIST OF ORIGINAL MOVABLE BUILDING EQUIPMENT
[See Attached]
Schedule 2
Forterra Sale Leaseback
Site Detailed Data
| ($ in 000’s) | Percentage complete | 100% | ||||||||||||||||
| Location (Address) | ||||||||||||||||||
| Name of Plant | Street | City | State | Post Code | Country | Segment | Overhead cranes | Crane Capacities | ||||||||||
| 1 | Billings, MT | 1521 South 32nd Street West | Billings | MT | 59102 | USA | Cretex Concrete Products, Inc. | 1 | 10T | |||||||||
| 2 | Bonner Spring, KS | 23600 West 40th Street | Bonner Spring | KS | 66226 | USA | Cretex Concrete Products, Inc. | 2 | 30T; 10T | |||||||||
| 3 | Elk River, MN | 1340 6th Steet | Elk River | MN | 55330 | USA | Cretex Concrete Products, Inc. | 3 | 2-20R 1-7.5t | |||||||||
| 4 | Hawley, MN | 401 Michael Street S and 1025 Cretex Street | Hawley | MN | 56549 | USA | Cretex Concrete Products, Inc. | 1 | 1-20T | |||||||||
| 5 | Iowa Falls, IA | 540 Country Club Road | Iowa Falls | IA | 50126 | USA | Cretex Concrete Products, Inc. | 5 | 1 (50 T), 2 (40 T), 2 (30 T) | |||||||||
| 6 | Marshalltown, IA | 2002 East Olive Street | Marshalltown | IA | 50158 | USA | Cretex Concrete Products, Inc. | 4 | (1) 10T; (1) 20T; (2) 30T | |||||||||
| 7 | Menoken, ND | 1101 158 Street Northeast | Menoken | ND | 58558 | USA | Cretex Concrete Products, Inc. | 2 | 4T; 20T | |||||||||
| 8 | Rapid City, SD | 1601 Culvert Street | Rapid City | SD | 57701 | USA | Cretex Concrete Products, Inc. | 3 | 35T; 5T, 1T | |||||||||
| 9 | Austin Gravity Plant | 801 Airport Blvd. | Austin | TX | 78702 | USA | Gravity Pipe & Precast | 1 | 40t | |||||||||
| 11 | Cedar Hill Pipe Plant | 2138 Highway 67 South | Cedar Hill | TX | 75104 | USA | Gravity Pipe & Precast | 3 | 50T; 35T; 5T | |||||||||
| 12 | Columbus Gravity Pipe Plant | 1500 Haul Rd. | Columbus | OH | 43207 | USA | Gravity Pipe & Precast | 7 | (2) 5T; (2) 20T; (2) 25T; 35T | |||||||||
| 13 | Deland Precast Plant | 480 West Ave | Deland | FL | 32720 | USA | Gravity Pipe & Precast | 10 | 5T; (6) 10T; 20T; (2) 35T | |||||||||
| 14 | EI Mirage | 12600 W. Northern Ave | El Mirage | AZ | 85335 | USA | Gravity Pipe & Precast | 5 | (2) 10T; (2) 20T; 40T | |||||||||
| 15 | Florin Road | 7020 Tokay Avenue | Sacramento | CA | 95828 | USA | Gravity Pipe & Precast | 6 | (2) 10T; 15T; (2) 20T; 40T | |||||||||
| 16 | Grand Prairie Gravity Plant | 1000 N. MacArhur Blvd. | Grand Prairie | TX | 75050 | USA | Gravity Pipe & Precast | 1 | 70T | |||||||||
| 17 | Grand Prairie Precast Plant | 1000 N. MacArhur Blvd. | Grand Prairie | TX | 75050 | USA | Gravity Pipe & Precast | 8 | (6) 10T; 25T; 35T | |||||||||
| 31 | Grand Prairie | 1000 N. MacArhur Blvd. | Grand Prairie | TX | 75050 | USA | Pressure Pipe | 125 | Separate tab | |||||||||
| 67 | Form Equipment Support | 1000 N. MacArhur Blvd. | Grand Prairie | TX | 75050 | USA | Gravity Pipe & Precast | 4 | (4) 10T | |||||||||
| Grand Prairie Total | 138 | |||||||||||||||||
| 18 | Houston Box Plant | 11201 FM 529 | Houston | TX | 77240 | USA | Gravity Pipe & Precast | 1 | 60T | |||||||||
| 19 | Houston Jersey Village Gravity Pipe Plant | 11201 FM 529 | Houston | TX | 77240 | USA | Gravity Pipe & Precast | 5 | 5T; (2) 10T; 20T; 60T | |||||||||
| 20 | Houston Precast Plant | 11201 FM 529 | Houston | TX | 77240 | USA | Gravity Pipe & Precast | 7 | (4) 10T; 15T; 20T 35T | |||||||||
| Houston Total | 13 | |||||||||||||||||
| 21 | Jackson Pipe Plant | 2840 West Northside Drive | Jackson | MI | 39213 | USA | Gravity Pipe & Precast | 2 | 10T; 15T | |||||||||
| 22 | Macedonia Plant | 7925 Empire Parkway | Macedonia | OH | 44056 | USA | Gravity Pipe & Precast | 1 | 25T | |||||||||||
| 23 | Oklahoma City Pipe Plant | 6504 S. Interpace | Oklahoma City | OK | 73135 | USA | Gravity Pipe & Precast | 1 | 30T | |||||||||||
| 27 | Shafter | 30781 San Diego St | Shafter | CA | 93263 | USA | Gravity Pipe & Precast | 3 | 10T; 20T; 50T | |||||||||||
| 28 | Waco Precast Plant | 11710 Chapel Road | Hewitt | TX | 76643 | USA | Gravity Pipe & Precast | 10 | (3) 5T; (2) 7.5T; (2) 10T; 15T; 20T; 30T | |||||||||||
| 29 | Winter Haven Pipe Plant | 1285 Luceme Loop Road | Winter Haven | FL | 33881 | USA | Gravity Pipe & Precast | 4 | (3) 20T; 30T | |||||||||||
| 30 | Bakewell | 550 Industrial Blvd | Sale Creek | TN | 373273 | USA | Pressure Pipe | 6 | 3T; 5T; (3) 10T; 20T | |||||||||||
| 32 | South Beloit | 4416 Prairie Hill Road | South Beloit | IL | 61080 | USA | Pressure Pipe | 23 | (5) 2T; (5) 3T; (3) 4T; (6) 10T; (4) 15T | |||||||||||
| 35 | Bar Nunn, WY | 2175 Westwinds Road | Bar Nunn | WY | 82601 | USA | Cretex Concrete Products, Inc. | 0 | ||||||||||||
| 36 | Cedar Rapids, IA | 3921 J Street Southwest | Cedar Rapids | IA | 52404 | USA | Cretex Concrete Products, Inc. | 1 | 2T | |||||||||||
| 37 | Franklin | 313 Downs Boulevard | Franklin | TN | 37064 | USA | Sherman - Dixie | 4 | (2) 3T; 50T; 15T | |||||||||||
| 38 | Lexington | 759 Phillips Lane and 760 Philllips Lane | Lexington | KY | 40504 | USA | Sherman - Dixie | 1 | 7.5T | |||||||||||
| 39 | Oskaloosa, KS | 5150 US Highway 59 | Lawrence | KS | 66066 | USA | Cretex Concrete Products, Inc. | 3 | (2) 10T; 30T | |||||||||||
| 40 | Shakopee, MN | 7070 Cretex Avenue | Shakopee | MN | 55379 | USA | Cretex Concrete Products, Inc. | 3 | (1) 15T; (2) 5T | |||||||||||
| 41 | Dayton Precast Plant | 1504 N. Gettysburg Ave. | Dayton | OH | 45417 | USA | Gravity Pipe & Precast | 2 | 5T; 15T | |||||||||||
| 42 | Gretna Pipe Plant | 55 Dritches Hayes N/ Aclary Ave | Gretna | FL | 32332 | USA | Gravity Pipe & Precast | 0 | ||||||||||||
| 45 | Marianna Precast Plant | 4043 Family Dollar Parkway | Marianna | FL | 32448 | USA | Gravity Pipe & Precast | 3 | 5T; 15T; 30T | |||||||||||
| 46 | Robstown Gravity Pipe Plant | 1610 Hwy, 77 South | Robstown | TX | 78380 | USA | Gravity Pipe & Precast | 1 | 35T | |||||||||||
| 48 | Athens Precast Plant | 625 B Hancock Industrial Way | Athens | GA | 30605 | USA | Gravity Pipe & Precast | 6 | (2) 5T; (2) 10T; 20T; 25T | |||||||||||
| 50 | Little Rock Pipe Plant | 1300 Bond Street | Little Rock | AR | 72202 | USA | Gravity Pipe & Precast | 2 | 5T; 15T | |||||||||||
| 51 | Montgomery Gravity Pipe Plant | 1616 Parallel Street | Montgomery | AL | 36104 | USA | Gravity Pipe & Precast | 2 | (2) 5T | |||||||||||
| 52 | New Orleans Gravity Pipe Plant | 13201 Old Gentilly Road | New Orleans | LA | 70150 | USA | Gravity Pipe & Precast | 3 | 7.5T; (2) 35T | |||||||||||
| 56 | Rome Pipe Plant | 223 John Davenport Drive | Rome | GA | 30165 | USA | Gravity Pipe & Precast | 1 | 10T | |||||||||||
| 57 | St. Martinville Pipe Plant | 520 W. Port Street | St. Martinwille | LA | 70582 | USA | Gravity Pipe & Precast | 1 | 15T | |||||||||||
| 58 | West Memphis Pipe Plant | 501 East Jefferson | West Memphis | AR | 72301 | USA | Gravity Pipe & Precast | 5 | (2) 5T; 10T; 15T; 35T | |||||||||||
| 59 | Plattsmouth, NE | 369 Wiles Road | Plattsmouth | NE | 68048 | USA | Cretex Concrete Products, Inc. | 1 | ||||||||||||
| 65 | Lubbock | 1624 Marshall St | Lubbock | TX | 79415 | USA | Pressure Pipe | 4 | (4) 5T | |||||||||||
GRAND PRAIRIE PRESSURE PIPE TAB
| Crane Capacity | Pressure Pipe | Steel Pipe | Total | |||||||||
| 1/4 ton | 1 | 1 | ||||||||||
| 1/2 ton | 12 | 5 | 17 | |||||||||
| 1 ton | 46 | 7 | 53 | |||||||||
| 2 ton | 13 | 3 | 16 | |||||||||
| 3 ton | 6 | 6 | ||||||||||
| 5 ton | 11 | 11 | ||||||||||
| 6 ton | 2 | 2 | ||||||||||
| 7 ton | 1 | 1 | ||||||||||
| 7.5 ton | 3 | 3 | ||||||||||
| 10 ton | 3 | 3 | ||||||||||
| 15 ton | 2 | 2 | ||||||||||
| 20 ton | 4 | 4 | ||||||||||
| 26 ton | 1 | 1 | ||||||||||
| 30 ton | 1 | 1 | ||||||||||
| 35 ton | 3 | 3 | ||||||||||
| 40 ton | 1 | 1 | ||||||||||
|
|
|
|
|
|
| |||||||
| Totals | 106 | 19 | 125 | |||||||||
SCHEDULE 7.02
LIST OF REQUIRED REPAIRS
[See Attached]
Schedule 7.02
PCA Summary of Immediate and Short-term Recommendations
| Partner | Forterra Site # | Street Address | City | State | Post Code | Country | Immediate & Short-term Repairs Total Cost | Immediate & Short-term Recommendations (For additional information, refer to the PCA Section noted below) | ||||||||||
| 1 | 11 | 1616 Parallel Street | Montgomery | AL | 36104 | USA | $ | 2,500 | Immediate Repair - Section 4.2: Repair damaged concrete masonry unit wall section along the south face of the west process building. This appears to have occurred through vehicle or equipment impact. | |||||||||
| 5 | 8 | 1300 Bond Street | Little Rock | AR | 72202 | USA | $ | 7,500 | Short-term Repair - Section 4.3.1: Repair damaged metal siding at the Production Plant and Office Buildings. | |||||||||
| 6 | 9 | 501 East Jefferson | West Memphis | AR | 72301 | USA | $ | 41,600 | Immediate Repair - Section 3.3.1: Install storm water drain to control ponding near fuel ASTs. Short-term Repair - Section 4.3.1: Repair damaged metal siding. Immediate Repair - Section 4.4.1: Replace built-up roofing. | |||||||||
| 7 | 25 | 12600 W. Northern Ave | El Mirage | AZ | 85335 | USA | $ | 56,450 | Immediate Repair - Section 3.3.1: Soil erosion evaluation by civil engineer. Immediate Repair - Section 3.3.1: Earth Fissure trenching study by geotechnical engineer. Immediate Repair - Section 3.3.2: Pavement thickness design study by geotechnical engineer. Short-term Repair - Section 3.3.2: Asphalt seal coat & parking stall striping. Short-term Repair - Section 4.3.1: Exterior cleaning, sealing, painting (office). Short-term Repair - Section 4.4.1: Roof replacement, spray foam. Immediate Repair - Section 7.1: Add two ADA accessible parking spaces, one of which must be a van-accessible parking space. | |||||||||
| 8 | 28 | 7020 Tokay Avenue | Sacramento | CA | 95828 | USA | $ | 27,450 | Short-term Repair - Section 3.3.2: Pavement appears to be in fair structural condition. Extensive “map” or “alligator” cracking were not at the drive aisle on the northern side of Building 2. Repair of the drive aisle is recommended. Short-term Repair - Section 3.3.9: The ancillary structures to be in fair overall condition. Damaged roofing was noted at the storage structure. Repair of the roofing is recommended. | |||||||||
| 9 | 26 | 30781 San Diego St | Shafter | CA | 93263 | USA | $ | 7,250 | Immediate Repair - Section 2.3.1: Replace, recertify and update tags on fire extinguishers per Kern County Fire Dept. Short-term Repair - Section 4.3.1: Commission structural engineer or third party steel cladding manufacture of metal building siding-cladding to replace and repair missing exterior wall, canopy and shed sidings for future potential structure and building anticipated uses. Immediate Repair - Section 4.3.2: Analyze what damaged windows that may be useful and intended for use in future building functions. Immediate Repair - Section 4.4.2: Repair leak i roof of Building 1. Immediate Repair - Section 7.1: Add accessible ADA compliant path of travel routes from the ADA designated parking stalls to the accessible ramps to buildings 5 and 6. | |||||||||
| 10 | 6 | 840 West Ave | Deland | FL | 32720 | USA | $ | 54,000 | Immediate Repair - Section 3.3.1: Areas of soil erosion due to rain washout were observed adjacent to the concrete stairway to the east of Plant Building-2 and along the main drive aisle located at the north side of the property. Partner recommends the backfill and repair of the eroded areas. Immediate Repair - Section 3.3.2: Extensive linear cracking, “map” or “alligator” cracking, and pothole formation were noted at the drive aisles within the fenced in working areas along the main drive aisle located at the north side of the subject property due to soil erosion. Repair of the noted area is recommended. Immediate Repair - Section 4.3.1: Metal panel exterior walls of the Storage building and the Wood Shop building were observed to have damaged exterior metal panels. Partner recommends the dented and damaged metal panels. Immediate Repair - Section 4.4.1: Metal roofing of the Storage building and Wood Shop buildings appear to have several areas of roof leaks leading to interior insulation deterioration and failure. Partner recommends roof and insulation replacement for the Storage and Wood Shop building roofs. | |||||||||
| 11 | 4 | 55 Ditches Hayes N/ Aclary Ave | Gretna | FL | 32332 | USA | $ | 0 | NA | |||||||||
| 12 | 5 | 4043 Family Dollar Parkway | Marianna | FL | 32448 | USA | $ | 30,500 | Immediate Repair - Section 3.3.2: Asphalt pavement reconstruction. Immediate Repair - Section 3.3.8: Repair exterior lighting. Immediate Repair - Section 3.3.2: Asphalt pavement seal coat. | |||||||||
| 13 | 7 | 1285 Luceme Loop Road | Winter Haven | FL | 33881 | USA | $ | 0 | NA | |||||||||
| 14 | 3 | 625 B Hancock Industrial Way | Athens | GA | 30605 | USA | $ | 0 | NA | |||||||||
| 15 | 2 | 223 John Davenport Drive | Rome | GA | 30165 | USA | $ | 2,700 | Immediate Repair - Section 3.3.1: Partner recommends property management engage the services of a local contractor to inspect the storm water drainage areas of the subject property and recommend corrective action for the storm water drainage issues in the southeast section of the property grounds. Immediate Repair - Section 3.3.2: Pavement markings and striping are recommended to be installed at the office building concrete parking area. | |||||||||
| 16 | 20 | 3921 J Street Southwest | Cedar Rapids | IA | 52404 | USA | $ | 0 | NA | |||||||||
| 18 | 17 | 540 Country Club Road | Iowa Falls | IA | 50126 | USA | $ | 2,500 | Immediate Repair - Section 4.3.2: Replace rotted window trim at office. Short-term Repair - Section 4.3.3: Replace rusted door frames at office. | |||||||||
| 19 | 18 | 2002 East Olive Street | Marshalltown | IA | 50158 | USA | $ | 0 | NA | |||||||||
| 20 | 2 | 4416 Prairie Hill Road | South Beloit | IL | 61080 | USA | $ | 30,000 | Short-term Repair - Section 3.3.2: Grading and bedding sand replacement. Short-term Repair - Section 4.3.1: Metal panel repair and replacement. Short-term Repair - Section 4.3.3: Replace three loading doors. Short-term Repair - Section 4.3.1: Repair and seal step cracks in concrete masonry unit facades. | |||||||||
| 21 | 4 | 23600 West 40th Street | Bonner Spring | KS | 66226 | USA | $ | 0 | NA | |||||||||
| 22 | 3 | 5150 US Highway 59 | Lawrence | KS | 66066 | USA | $ | 0 | NA | |||||||||
| 23 | 6 | 13201 Old Gentilly Road | New Orleans | LA | 70150 | USA | $ | 29,850 | Immediate Repair - Section 3.3.1: Allowance to assess, and, if necessary, repair stormwater management to prevent ponding observed at two locations: south of the Box Culvert Production building and north of the Pipe Production building. Immediate Repair - Section 4.4.1: Concrete pavement repair. Repair three roof leaks at pipe production building; mitigate associated discoloration and suspect mold on concrete columns at roof leak locations. Immediate Repair - Section 4.4.1: Mold remediation in the Pipe Production building. Immediate Repair - Section 5.3: Infrared testing. Immediate Repair - Section 7.1: Convert standard ADA parking space to a van-accessible parking space. Immediate Repair - Section 7.1: Allowance to provide an accessible path to the Office building. | |||||||||
1
PCA Summary of Immediate and Short-term Recommendations
| Partner | Forterra Site # | Street Address | City | State | Post Code | Country | Immediate & Short-term Repairs Total Cost | Immediate & Short-term Recommendations (For additional information, refer to the PCA Section noted below) | ||||||||||
| 24 | 7 | 520 W. Port Street | St. Martinwille | LA | 70582 | USA | $ | 11,850 | Immediate Repair - Section 3.3.6: Replace property signage. Immediate Repair - Section 3.3.2: Concrete pavement repair. Immediate Repair - Section 7.1: Add a van-accessible parking space. | |||||||||
| 27 | 12 | 2840 West Northside Drive | Jackson | MS | 39213 | USA | $ | 13,000 | Immediate Repair - Section 3.3.2: Overlay asphalt parking lot. Short-term Repair - Section 4.4.1: Allowance for metal roof fastener replacement. | |||||||||
| 28 | 21 | 1340 6th Street | Elk River | MN | 55330 | USA | $ | 10,000 | Immediate Repair - Section 4.3.1: Areas of metal panel siding above the dock doors of the concrete manufacturing “box building” are damaged. Repair of these areas are recommended. | |||||||||
| 29 | 23 | 401 Michael Street S; and 1025 Cretex Street | Hawley | MN | 56549 | USA | $ | 0 | NA | |||||||||
| 30 | 22 | 7070 Cretex Avenue | Shakopee | MN | 55379 | USA | $ | 0 | NA | |||||||||
| 31 | 1 | 1521 South 32nd Street West | Billings | MT | 59102 | USA | $ | 25,700 | Short-term Repair - Section 3.3.2: Asphalt pavement is raveling and striping is faded. An overlay is recommended at the office parking lot and access driveway. Immediate Repair - Section 3.3.6: The site precast sign at the main entrance is damaged and missing a portion, which shows exposed reinforcement. Replacement should be conducted. Immediate Repair - Section 4.2: Two roll-up door opening were damaged due to a forklift or oversized vehicle or finishes product passage. The damage was observed on the southwest door opening at the top and also at the top of the east door opening. Determine if door replacement is necessary. Immediate Repair - Section 4.3.4: Overlap seams in the perimeter wall cap flashing do not have sealant applied to prevent water infiltration. Stained ceiling tiles were observed in the office restroom along the inside of the exterior wall on the south side. Sealant should be applied which should address the problem. Short-term Repair - Section 4.2: Damaged insulation was observed at some areas inside the manufacturing building. Replacement or repairs are needed. Short-term Repair - Section 4.3.1: Some dents in the manufacturing building were observed, and damaged panels should be replaced. The roofing is the same material as the walls and a significant amount of concrete build-up on the northeast corner of the roof and gutter should be removed. Short-term Repair - Section 4.4.2: Gutter replacement allowance. Gutters on manufacturing building are clogged with concrete and downspouts also need partial replacement. | |||||||||
| 32 | 26 | 1101 158 Street Northeast | Menoken | ND | 58558 | USA | $ | 0 | NA | |||||||||
| 33 | 5 | 369 Wiles Road | Plattsmouth | NE | 68048 | USA | $ | 500 | Immediate Repair - Section 7.1: Provide an ADA van-accessible parking space. | |||||||||
| 34 | 15 | 1500 Haul Rd. | Columbus | OH | 43207 | USA | $ | 500 | Immediate Repair - Sections 3.3.2/7.1: Provide an ADA van-accessible parking space. | |||||||||
| 35 | 36 | 1504 N. Gettysburg Ave. | Dayton | OH | 45417 | USA | $ | 2,750 | Short-term Repair - Sectional 4.3.1: Minor replacements metal panels. Immediate Repair - Sectional 7.1: ADA entrance hardware. | |||||||||
| 36 | 16 | 7925 Empire Parkway | Macedonia | OH | 44056 | USA | $ | 23,500 | Immediate Repair - Section 3.3.1: Repair storm drains inside plant bldg. Immediate Repair - Section 3.3.2:Repair, reseal, restripe asphalt. Immediate Repair - Section 3.3.3: Repair cracked and damaged concrete noted at walk adjacent to the Plant building offices. Immediate Repair - Section 3.3.3: Partner observed areas of wall damage to the metal siding along the north and south plant elevations. In addition, a puncture was noted at the Plant building. Repair of the hole and damaged walls is recommended. Immediate Repair - Section 4.3.1: Replace inoperable overhead door and service door. Immediate Repair - Section 4.3.3: Replace/repair insulation/vinyl/concrete floors at plant bldg. Immediate Repair - Section 7.1: Relocate two existing spaces at the office building, and convert one to van-accessible. | |||||||||
| 37 | 10 | 6504 S. Interpace | Oklahoma City | OK | 73135 | USA | $ | 8,000 | Immediate Repair - Section 4.4: Repair active roof leaks. Immediate Repair - Sectional 4.3: Repair windows. | |||||||||
| 39 | 25 | 1601 Culvert Street | Rapid City | SD | 57701 | USA | $ | 12,000 | Short-term Repair - Section 4.4.1: Install membrane roofing at boiler bldg. | |||||||||
| 40 | 29 | 550 Industrial Blvd | Sale Creek | TN | 373273 | USA | $ | 45,000 | Immediate Repair - Section 4.1: Pit sealant. Immediate Repair - Section 4.2: CMU block joint repair. Immediate Repair - Section 4.4.1: Roof leak repair. Immediate Repair - Section 7.1: Construct ADA accessible entrance path of travel to the building entrance. Immediate Repair - Section 7.1: Install one standard and one van-accessible parking space. | |||||||||
| 41 | 22 | 801 Airport Blvd. | Austin | TX | 78702 | USA | $ | 0 | NA | |||||||||
| 42 | 14 | 2138 Highway 67 South | Cedar Hill | TX | 75104 | USA | $ | 7,500 | Immediate Repair - Section 4.3.1: Replace damaged/deteriorated metal panels at the Concrete Batch Plant building. | |||||||||
| 43 | 11, 12 & 13 | 1000 N. MacArhur Blvd. | Grand Prairie | TX | 75050 | USA | $ | 0 | NA | |||||||||
| 46 | 15 | 11710 Chapel Road | Hewitt | TX | 76643 | USA | $ | 35,100 | Immediate Repair - Section 3.3.2: Portions of the asphalt pavement at the Building 1 office parking areas are deteriorated and require replacement. Partner recommends that an overlay be performed. Immediate Repair - Section 4.3.1: Partner noted that the northeast and southeast walls of the Management Office building are damaged and in need of repair. Some sections of the wall have separated for the substrate structure and various areas of damaged exterior insulation finishing system (EIFS) were noted, especially adjacent to grade. Repairs are recommended. Additionally, vine growth was noted at the cladding and should be removed. Immediate Repair - Section 4.4.1: According to management, the Management Office and Sales Office sections of Building 1 roofs have active roof leaks. Although repairs have been attempted in the past, the roofs continue to leak into the office and support areas. Partner recommends retaining a licensed roofing company to assess and repair the roofs. | |||||||||
| 47 | 16, 17 & 18 | 11201 FM 529 | Houston | TX | 77240 | USA | $ | 0 | NA | |||||||||
| 50 | 23 | 1624 Marshall St | Lubbock | TX | 79415 | USA | $ | 11,000 | Short-term Repair - Section 3.3.2: Pavement appears to be in poor structural condition. Extensive linear cracking and pothole formations were noted throughout the subject property. Repair of the noted area is recommended. Short-term Repair - Section 3.3.2: Partner recommends grading and replenishing gravel at the property. | |||||||||
| 51 | 21 | 1610 Hwy, 77 South | Robstown | TX | 78380 | USA | $ | 5,000 | Short-term Repair - Section 4.3.1: Partner observed cracks, corrosion and minor impact damage at various exterior cladding locations. Partner recommends that repairs be performed and that the concrete be repainted. | |||||||||
2
PCA Summary of Immediate and Short-term Recommendations
| Partner | Forterra Site # | Street Address | City | State | Post Code | Country | Immediate & Short-term Repairs Total Cost | Immediate & Short-term Recommendations (For additional information, refer to the PCA Section noted below) | ||||||||||||||
| 56 | 24 | 2175 Westwinds Road | Bar Nunn | WY | 82601 | USA | $ | 0 | NA | |||||||||||||
| 63 | NP | 759 Phillips Lane | Lexington | KY | 40504 | USA | $ | 0 | NA | |||||||||||||
| 64 | NP | 313 Downs Boulevard | Franklin | TN | 37064 | USA | $ | 4,200 | Short-term Repair - Section 4.3.2: Repair of damaged office windows. Short-term Repair - Section 4.2.1: Repair step-cracks at CMU walls. | |||||||||||||
|
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| |||||||||||||||||||||
| Total: | $ | 507,900 | ||||||||||||||||||||
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3
SCHEDULE 8.02(A)
LIST OF STRUCTURAL ENCROACHMENTS
| SITE | ENCROACHMENT | |
| SACRAMENTO CA | SMALL 20 X 25 1 STY FRAME BLDG 3.2’ AND 0.9’ OVER PROPERTY LINE; | |
| IOWA FALLS IA | BUILDINGS 4 & 5 ENCROACH 100’ WIDE ELECTRIC TRANSMISSION LINE EASEMENT UP TO 68 X 90’ | |
| ELK RIVER MN | BUILDING 9 (SHED) EXTENDS 10’ INTO ROAD WAY (TO BE VACATED)
12.8’ x 8.2’ SHED EXTENDS 1 FOOT OVER PROPERTY LINE | |
| COLUMBUS OH | SHED OVER PROPERTY LINE 10.6’ | |
| HOUSTON TX | BUILDINGS 3, 3A, 3B & 4 ENCROACH OVER SANITARY CONTROL EASEMENT AND BUILDINGS 3B & 5 ENCROACH OVER ELECTRIC EASEMENT | |
Schedule 8.02
SCHEDULE 8.02(B)
LIST OF NON-STRUCTURAL ENCROACHMENTS
| SITE | ENCROACHMENT | |
| MONTGOMERY AL | FENCE | |
| CEDAR RAPIDS IA | GRAVEL DRIVEWAY OVER PROPERTY LINE | |
| OSKALOOSA KS | BOULDERS ENCROACH INTO ROW 19’ | |
| ELK RIVER MN | FENCE AND GRAVEL LOT ENCROACH INTO MEADOWVALE ROAD RIGHT OF WAY (TO BE VACATED)
FENCES OVER PROPERTY LINES FROM 0.7’ TO 4.2’
FENCE AND GRAVEL LOT ENCROACHES ONTO ROAD WAY (TO BE VACATED) | |
| MACEDONIA OH | CONCRETE AND GRAVEL ENCROACH ONTO ADJOINER PROPERTY | |
| AUSTIN TX | WOOD FENCE AND CHAIN LINK FENCES ENCROACH OVER PROPERTY LINES FROM 1.5’ TO 5.1’ | |
| GRAND PRAIRIE TX | FENCE/STRIPED PARKING CROSS PROPERTY LINE UP TO 50.27’ | |
| LUBBOCK TX | ASPHALT PARKING OVER PROPERTY LINE 13.6’ | |
Schedule 8.02
EXHIBIT A
LIST OF ADDITIONAL DEMISED PROPERTIES
| Name of Plant | Street | City | State | Post Code | Country | |||||||
| 3 | Elk River, MN | 1340 6th Street | Elk River | MN | 55330 | USA | ||||||
| 9 | Austin Gravity Plant | 801 Airport Blvd. | Austin | TX | 78702 | USA | ||||||
Exhibit A
EXHIBIT A-1
LOCATION/ADDRESS OF DEMISED PROPERTIES/ADJUSTMENT AMOUNTS
| ADDRESS | CITY | STATE | POSTAL CODE | COUNTRY | ADJUSTMENT AMOUNTS | |||||||
| 1616 Parallel Street | Montgomery | AL | 36104 | USA | 1.10 | % | ||||||
| 1300 Bond Street | Little Rock | AR | 72202 | USA | 1.21 | % | ||||||
| 501 E. Jefferson South | West Memphis | AR | 72301 | USA | 2.04 | % | ||||||
| 12600 W. Northern Avenue | El Mirage | AZ | 85335 | USA | 3.53 | % | ||||||
| 7020 Tokay Avenue | Sacramento | CA | 95828 | USA | 4.49 | % | ||||||
| 30781 San Diego Street | Shafter | CA | 93263 | USA | 0.61 | % | ||||||
| 840 West Avenue | Deland | FL | 32720 | USA | 3.41 | % | ||||||
| 55 Dritches Hayes Clary Ave | Gretna | FL | 32332 | USA | 0.87 | % | ||||||
| 4043 Family Dollar Parkway | Mariana | FL | 32448 | USA | 1.62 | % | ||||||
| 1285 Lucerne Loop Road | Winter Haven | FL | 33881 | USA | 4.77 | % | ||||||
| 625 Hancock Industrial Way | Athens | GA | 30605 | USA | 1.11 | % | ||||||
| 223 John Davenport Drive | Rome | GA | 30165 | USA | 0.91 | % | ||||||
| 3921 J Street Southwest | Cedar Rapids | IA | 52404 | USA | 0.42 | % | ||||||
| 540 Country Club Road | Iowa Falls | IA | 50126 | USA | 1.63 | % | ||||||
| 2002 East Olive Street | Marshalltown | IA | 50158 | USA | 0.96 | % | ||||||
| 4416 Prairie Hill Road | South Beloit | IL | 61080 | USA | 5.23 | % | ||||||
| 23600 West 40th Street | Bonner Springs | KS | 66226 | USA | 1.52 | % | ||||||
| 5150 US Highway 59 | Oskaloosa (Lawrence) | KS | 66066 | USA | 1.00 | % | ||||||
| 759 Phillips Lane and 760 Phillips Lane | Lexington | KY | 40504 | USA | 1.09 | % | ||||||
| 13201 Old Gentilly Road | New Orleans | LA | 70150 | USA | 2.03 | % | ||||||
| 520 W. Port Street | St. Martinville | LA | 70582 | USA | 1.39 | % | ||||||
| 1340 6th Street | Elk River | MN | 55330 | USA | 2.18 | % | ||||||
| 401 Michael Street S; and 1025 Cretex Street | Hawley | MN | 56549 | USA | 0.90 | % | ||||||
| 7070 Cretex Avenue | Shakopee | MN | 55379 | USA | 1.24 | % | ||||||
| 2840 W. Northside Drive | Jackson | MS | 39213 | USA | 1.46 | % | ||||||
| 1521 South 32nd Street West | Billings | MT | 59102 | USA | 0.58 | % | ||||||
| 1101 158 Street Northeast | Menoken | ND | 58558 | USA | 0.62 | % | ||||||
| 369 Wiles Road | Plattsmouth | NE | 68048 | USA | 0.53 | % | ||||||
| 1500 Haul Road | Columbus | OH | 43207 | USA | 3.60 | % | ||||||
| 1504 N. Gettysburg Avenue | Dayton | OH | 45417 | USA | 2.16 | % | ||||||
| 7925 Empire Parkway | Macedonia | OH | 44056 | USA | 1.76 | % | ||||||
| 6504 South Interpace | Oklahoma City | OK | 73135 | USA | 1.35 | % | ||||||
| 1601 Culvert St | Rapid City | SD | 57701 | USA | 2.38 | % | ||||||
| 550 Industrial Boulevard | Sale Creek | TN | 37304 | USA | 2.06 | % | ||||||
| 313 Downs Boulevard | Franklin | TN | 37064 | USA | 1.34 | % | ||||||
| 801 Airport Blvd | Austin | TX | 78702 | USA | 1.72 | % | ||||||
| 2138 Highway 67 South | Cedar Hill | TX | 75104 | USA | 1.83 | % | ||||||
| 1000 N. MacArthur Blvd | Grand Prairie | TX | 75050 | USA | 19.06 | % | ||||||
| 11710 Chapel Road | Hewitt | TX | 76643 | USA | 2.71 | % | ||||||
| 11201 FM 529 | Houston | TX | 77240 | USA | 7.84 | % | ||||||
| 1624 Marshall Street | Lubbock | TX | 79415 | USA | 2.56 | % | ||||||
| 1610 Highway 77 South | Robstown | TX | 78380 | USA | 1.03 | % | ||||||
| 2175 Westwinds Road | Bar Nunn | WY | 82601 | USA | 0.15 | % | ||||||
|
|
| |||||||||||
| 100.00 | % | |||||||||||
|
|
| |||||||||||
Exhibit A-1
EXHIBIT I
LEGAL DESCRIPTION OF REMAINING ELK RIVER PROPERTY
Parcel 1: That part of Meadowvale Road, also known as Military Road, as shown on the plat of AUDITOR’S SUBDIVISION NO. 3, which adjoins Lots 11, 12, 13, 14, and 15 of said AUDITOR’S SUBDIVISION NO. 3 and which lies East of the extension North of the East line of Upland Ave. NW, also known as County Highway No. 44, and identified as an “Exception” area on the Survey by Ultieg Engineers Inc. dated 4-12-2016 as Project No. 15-12-008:008.
Parcel 2: That part of Industrial Road which lies West of the extension North of the West line of Quinn Avenue, located over, under and across part of Lot 8, AUDITORS SUBDIVISION NO. 3, and identified as an “Exception” area on the Survey by Ultieg Engineers Inc. dated 4-12-2016 as Project No. 15-12-008:008.
Parcel 3: The easement for street and roadway purposes within Lot 8, AUDITORS SUBDIVISION NO. 3 described in Document No. 98442 on file in the office of the County Recorder in said Sherburne County, and identified as an “Exception” area on the Survey by Ultieg Engineers Inc. dated 4-12-2016 as Project No. 15-12-008:008.
Exhibit I
