Building permits for the Project use a project-specific fee schedule rather than the County’s standard schedule: $2,625 plus $200 per gross project acre, with additional fees of $2,000 for revisions not affecting drainage and $4,500 for drainage-affecting revisions. (alternative, project-specific fee schedule)

Commercial site construction requires two permits: an initial permit for site improvements and foundations, followed by a separate permit for vertical building construction. The second permit must satisfy the County’s commercial site construction permit checklist. (two distinct permit phases)

All commercial uses, including data-center development, must comply with the 2018 or later International Fire Code for streets, private roads, fire access, and adequate fire-flow supply. (all commercial and multifamily uses)

Each Project lot or tract must be subject to shared joint-use access and utility easements for internal circulation and shared private infrastructure, including drives, storm drains, utilities, and ponds; primary-access easements must comply with the 2018 or later International Fire Code. (Joint Use Access and Utility Easement)

Project-wide impervious surface coverage may not exceed 80% of the Property’s gross acreage, and impervious coverage on an individual building lot may not exceed 90% of that lot’s gross acreage. The Project must also provide Best Management Practices achieving 80% total-suspended-solids removal under the specified TCEQ guidance. (Total impervious surface coverage)

If the Project seeks a new TPDES permit for treated domestic wastewater, the permit application must propose minimum effluent limits of 5.0 mg/L BOD, 5.0 mg/L total suspended solids, 2.0 mg/L ammonia nitrogen, and 0.5 mg/L total phosphorus. The Developer must notify the County within 30 days of applying for, receiving, or being denied such a permit. (minimum effluent parameters)

Data-center cooling systems must be designed to consume zero water during operation by continuously recirculating non-potable water in a closed-loop system after initial construction filling, without drawing additional fresh water supplies. (cooling systems designed to consume zero water)

Exterior lighting must be fully shielded, directed downward, not directly visible from other properties or public roads, and limited to a correlated color temperature of 3,500K or less; streetlights should be minimized, and the more stringent requirement controls if utility-infrastructure rules conflict. (fully shielded, pointed downward)

The Project is protected by the County regulations in effect on the Agreement’s effective date. Later County regulations generally cannot be imposed on the Project, Property, or Additional Property without the Developer’s written consent, subject to limited exceptions for permit-processing procedures and imminent threats involving flooding, property, or personal safety. regulations in effect as of the Effective Date

Upon execution, the Agreement constitutes a permit under Chapter 245 of the Texas Local Government Code, providing a statutory basis for the Project’s vested development rights. constitutes a permit under Chapter 245

The County grants a project-specific building-permit fee schedule instead of its standard schedule: $2,625 plus $200 per gross acre for each building, with plan-revision fees of $2,000 for revisions that do not affect drainage and $4,500 for revisions that affect drainage. The schedule applies uniformly to all Project applications and revisions regardless of phase or changes to County fee schedules. alternative, project-specific fee schedule

The County authorizes a two-phase commercial site-permitting process: an initial permit for site improvements and foundations, followed by a permit for vertical construction. For the initial permit, the Developer need not submit floor plans, architectural drawings or renderings, a septic permit, a transportation impact analysis, utility will-serve letters, or proof of potable water service. two (2) distinct permit phases

The County waives specified subdivision requirements, including minimum lot area and width, block dimensions and size, street frontage, easement locations, stand-alone requirements for phased subdivisions, private-street plat requirements, and flag-lot requirements. waive the following subdivision requirements

Data centers are expressly listed as an allowed-by-right non-residential use, along with related uses such as business services, telecommunications, warehousing, research facilities, and administrative facilities. Data Center

The Project may use cooling systems designed to consume zero water during operation by continuously recirculating non-potable water in closed loops. The systems may be initially filled with non-potable water during construction and thereafter need not draw additional fresh water. consume zero water during operation

The Agreement permits substantial impervious coverage—up to 80% of the entire Project based on gross Property acreage and up to 90% of an individual building lot—subject to required water-quality Best Management Practices achieving 80% total-suspended-solids removal. will not exceed 80%

The Agreement allows the Developer to assign the Agreement and its rights and obligations to a purchaser of all or part of the Property, provided the purchaser demonstrates reasonable operational and financial capability, assumes the obligations for the acquired portion, executes a written assignment, and records it as required. may assign (in whole or in part)

The Agreement runs with the land and binds successors and assigns, so its development terms and benefits continue to apply to future owners of the Property. It becomes effective when recorded by the Developer in Caldwell County’s official public records. covenants running with the land

The incorporated sample right-of-way license provides for construction, maintenance, and installation of non-standard improvements within Project rights-of-way, including sidewalks, landscaping, and street illumination. The licensee must pay the costs, obtain required approvals and permits, and comply with the County’s conditions; the County may terminate the license with 90 days’ notice. right to construct, maintain and install

The Commissioners Court approved the Development Agreement for Lockhart Property, LLC concerning approximately 205.756 acres by a four-to-one vote, making the described development terms an approved County measure rather than merely a proposed agreement. Motion ... to Approve

Data centers must obtain applicable Texas Commission on Environmental Quality permits, including permits for emergency-generator engines, onsite power generation, and water use.

The project must comply with County regulations and requirements in effect when the development agreement takes effect; later requirements generally require the Developer’s written consent, subject to legal, flood-control, and public-safety exceptions.

Building and improvement permits are subject to fees of $2,625 plus $200 per gross project acre per building. Plan revisions cost an additional $2,000 if they do not affect drainage and $4,500 if they do.

The Developer must reimburse the County for County Engineer review costs within 45 days after receiving notice of those costs.

Commercial site construction requires separate permits for site improvements and foundations and for later vertical construction, with the vertical-construction permit subject to the County’s commercial site construction checklist.

Each lot, tract, or parcel must have deed restrictions or restrictive covenants requiring shared access and utility easements, compliance with the 2018 or later International Fire Code for primary access, and site-built construction, subject to limited exceptions for temporary residential or construction-office structures.

Commercial and multifamily uses must comply with the 2018 or later International Fire Code, including fire-access and adequate-fire-flow requirements.

Exterior lighting must be fully shielded, directed downward, hidden from other properties and public roadways, and limited to a correlated color temperature of 3,500K or less; stricter utility-infrastructure requirements control when applicable.

Total project impervious coverage may not exceed 80% of the property’s gross acreage, and impervious coverage on an individual building lot may not exceed 90% of that lot’s gross acreage.

The project must implement water-quality best management practices achieving 80% removal of total suspended solids under the specified TCEQ technical guidance.

If the project applies for a TPDES permit for treated domestic wastewater discharge, the proposed permit must include effluent limits of 5.0 mg/l for five-day biological oxygen demand, 5.0 mg/l for total suspended solids, 2.0 mg/l for ammonia nitrogen, and 0.5 mg/l for total phosphorus.

The Developer must notify the County within 30 days after applying for a TPDES permit, receiving a permit with different effluent parameters, or having a TPDES application denied.

Cooling systems must consume zero fresh water during operation by recirculating non-potable water in a closed loop; initial filling occurs during construction.

Non-standard improvements in County rights-of-way require County approval and permits. The licensee must pay construction and maintenance costs, generally maintain at least $1 million in combined insurance coverage, and remove or replace improvements at its own cost when directed.

For the tax-abated project, construction must begin by April 15, 2026, and reach substantial completion by August 15, 2028. A qualifying force-majeure extension is limited to the duration of the event.

The tax abatement applies only to eligible property within the designated reinvestment zone and only to eligible property constructed or placed there after approval of the agreement.

Construction under the tax-abatement agreement must follow plans and specifications prepared by an engineer or architect licensed in a United States state, comply with applicable governmental requirements, and be completed in a good and workmanlike manner.

The tax abatement is conditioned on substantial completion by the deadline and operation of the facilities as a turn-key data center campus.

The owner must continue routine commercial operation throughout the agreement term, including permitted outages for repair, maintenance, and refurbishment. Failure to continue operations for 90 days after notice or awareness can terminate the abatement and require repayment of taxes.

Water use at the premises may not exceed 215 gallons per month per megawatt of power used, excluding initial non-potable filling of cooling systems. An overage of up to 32.25 gallons per megawatt may be used on no more than two occasions during the abatement period and is subject to a concurrent 36-month limitation.

Water-limit violations not covered by an available allowance reduce the tax abatement and increase the required payment in lieu of taxes.

The owner must submit certified, sworn quarterly statements demonstrating compliance with the water-use limits and annual certified, sworn compliance statements throughout the 10-year abatement period.

The owner must create or maintain 30 full-time-equivalent jobs at an average annual salary of at least $67,500 in abatement year one and 50 such jobs at that salary level in years two through ten. Missing the targets reduces the abatement and can increase the payment in lieu of taxes.

The owner must pay an annual payment in lieu of taxes, generally due by January 31 of the following year, and must continue paying taxes on the base-year taxable value, non-abated taxes, and taxes imposed by other taxing units.

The County and Appraisal District may inspect the improvements and facilities, generally with at least two weeks’ written notice and at a mutually agreed time, subject to safety and security requirements.

Knowingly employing undocumented workers is prohibited. A qualifying final conviction requires repayment of abatements and other County funds, less payments in lieu of taxes, with interest.

Assignment of the tax-abatement agreement or project interests generally requires County consent, specified background and financial disclosures, an acceptable assignment addendum, and evidence of required insurance; mortgage financing and related foreclosure transfers are exceptions.

The County grants a 100% abatement of County taxes on eligible Improvements above the base-year taxable value for a 10-year period beginning January 1 after commercial operations start. The Land's base-year value remains taxable, and the project must be substantially completed by August 15, 2028, subject to Force Majeure extensions, and operated as a turn-key data center campus.

Instead of the abated County taxes, the owner pays an annual PILOT, generally equal to 50% of the otherwise abated taxes when it meets the required employment and salary targets. The PILOT increases and the abatement decreases if the targets are missed; missing the targets alone is not a default or termination event.

The Chapter 312 Reinvestment Zone designation makes the approximately 319.937-acre area eligible for commercial-industrial tax abatements through separate agreements. The designation does not itself guarantee an abatement and expires five years after February 12, 2026.

Eligible Improvements may include qualifying buildings, fixtures, equipment, and tangible personal property in the Reinvestment Zone, including additions made through repairs, retrofits, or further improvements during the agreement term, subject to Chapter 312 requirements.

The construction deadline may be extended for qualifying Force Majeure events, including natural disasters, war, fires, floods, labor disputes, governmental shutdowns, travel restrictions, quarantines, business closures, and certain changes in law or regulation, with required notice and compliance conditions.

The Development Agreement constitutes a permit under Chapter 245 upon execution, providing statutory permit protection for the project.

The project may be developed under County regulations and requirements in effect on the agreement's effective date, and later requirements generally may not be imposed without the Developer's written consent. Exceptions apply for certain procedural changes, floodplain protections, and narrowly defined imminent health or safety regulations.

The County replaces its standard building-permit fees with a project-specific schedule of $2,625 plus $200 per gross acre, with plan-revision fees of $2,000 for revisions not affecting drainage and $4,500 for revisions affecting drainage.

Commercial site construction permits may be issued in two phases: an initial permit for site improvements and foundations, followed by a vertical-construction permit. The initial submission does not need floor plans, architectural drawings or renderings, a septic permit, a transportation-impact analysis, utility will-serve letters, or proof of potable water service.

The County waives specified subdivision requirements, including minimum lot area and width, block requirements, street frontage, certain easement-location rules, stand-alone subdivision requirements for phased subdivisions, private-street plat requirements, and flag-lot requirements.

Data centers are an allowed-by-right non-residential use under the Development Agreement's permitted-use framework, avoiding a separate discretionary use authorization under that framework.

The Developer may use a right-of-way license form for non-standard improvements such as sidewalks, landscaping, and street illumination, subject to County approval, permits, maintenance, insurance, and removal obligations.

The owner may mortgage, pledge, or otherwise encumber the project and collaterally assign the tax-abatement agreement to a lender without further County consent for construction, operations, or equipment financing.

A disclosed lender or Mortgagee receives notice of defaults and specified cure periods, including 10 business days for monetary defaults and generally 60 days for nonmonetary defaults, with additional time for certain possession-related cures that are diligently pursued. Foreclosure-related assignments or transfers in lieu of foreclosure do not require County consent.

The owner may assign its interests in the tax-abatement agreement or the Developer may assign the Development Agreement to a purchaser or other qualified assignee, subject to conditions such as no continuing default, financial and operational capability, required information, insurance, assumption of obligations, and required recording. Certain denials may be submitted to binding arbitration.

The tax-abatement agreement runs with the land and binds and benefits successors and assigns, preserving the development terms for future owners once the agreement is recorded.

The owner may protest and contest property appraisals or assessments. If the finalized certified value is lower than the value used after a PILOT was paid, the County must credit the difference toward the following year's PILOT.

The agreement permits water use up to 215 gallons per month per megawatt of power used, excludes initial non-potable cooling-system charging, and allows up to two additional over-usage amounts of 32.25 gallons per megawatt during the applicable period. Excess use within an available allowance is not a default; other excesses are addressed through specified abatement and PILOT adjustments.

Routine commercial operations, including outages for repair, maintenance, or refurbishment, do not by themselves violate the agreement's operation covenant.

County inspections require at least two weeks' advance written notice, a mutually agreed time and date, and a manner that does not unreasonably interfere with construction or operations, subject to applicable safety, security, and governmental inspection requirements.

Other eligible taxing units may adopt all or part of the tax-abatement agreement, potentially extending comparable abatements beyond County taxes, although participation by those taxing units is not guaranteed.