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HomeMy WebLinkAbout2003-09-16-6:30PM-REGULAR AT OpT FLED G- T 8 zoo] SEP I I P 5- 04 BRAZOS COUNTY CLERK BRYAN. TEXAS ",'C,!ZY.BRYAN.TEXAS Yd7 Y NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 16 SEPTEMBER 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Sims. 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-19 • " 3. Budget Amendments 02/03-43.1 thru 02/0343.5 4. Personnel Change of Status 5. Payment of Claims 6. Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County (previously tabled). 7. Request by Information Technology for approval of "True-up" costs that need to be paid in December 2003 in order to remain in compliance with the Enterprise Agreement (EA) with Microsoft in the proposed FY2004 budget. 8. Approval of proposed fees for use of the Brazos County Events Facility, effective October 1, 2003. 9. Approval of lease with Southwood West for Justice of the Peace and Constable, Precinct 1 offices. 10. Approval of contract with Edsel Jones for the purchase of three (3) acres to be used by Road and Bridge for inventory of materials and parking of equipment. 11. Approval of the Brazos County Mitigation Team, to serve as members of the Regional Planning Committee. VOL W PAGE J_ ' Commissionen Court Agenda 16 September 2003 Page 2 12. Approval of the addition of Kurten to our existing Emergency Management Program. 13. Approval of the County Contract with BVCOG for the County Indigent Health Care Program for the Year 2003-2004. 14. Approval of payment to the Restitution Account in the amount of $1,160.32 so the account can be closed per recommendation of the Brazos County Auditor. 15. Approval of reimbursement to the Texas Juvenile Probation Commission in the amount of $47,426.85 for overpaid foster care. 16. Approval of Tax Resale Deed in the amount of $2,700.00 paid by Sonya Sauseda & M.A.M. & R.R.A.G. Family Trust. 17. Approval of Waiver of Local Match Fund Participation on Federal Off-system Bridge Program Project at the following locations: a. House Cemetery Road and Rocky Creek b. Wilcox Lane and Wickson Creek 18. Set date and time of Public Hearing to consider the posting of speed limits on the back portion of Elmo Weedon Road. 19. Request by Purchasing for permission to advertise for the following: a. Bid #2003-052 - Road Signs & Sign Posts (R&B) b. Bid #2003-053 - Equipment Lubricants (R&B) c. Bid #2003-054 - Oversized Limestone Aggregate (R&B) d. Bid #2003-055 - Heavy Machinery Rental (R&B) e. Bid #2003-057 - Office Furniture (Purchasing) 20. Acknowledge receipt of the monthly financial report from the Brazos County Events Facilities for August 2003. 21. Announcement of interest items and possible future agenda topics. 22. Agency / Board / Committee reports by Court members. 23. Call for citizen input and/or concerns. 24. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL 49 PAGE a COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 16, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, September 16, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: a) Dan Bates read excerpts from two articles that ap eared in the Eagle on October 24th and 28t of 2002. They referred to the Expo Center. He begged the Court to use land already owned by the County. He said that seven (7) years ago there was a $21 million dollar budget now there is a $43 million dollar budget. He said that the public doesn't get the full picture of debt. "It would be wonderful," he stated, "for the local media to connect VOL 42 PAGE 3 Commissioners' Court meeting September 16, 2003 2 the dots and inform the public of Brazos County's entire debt." He went on to say that we now have an $80 million dollar budget and $37 million dollars of it are debt. The Court next considered Budget Amendment 402/03- 43.1 through 43.5, which would reallocate funds for the District Clerk, Ag Extension, Purchasing and Juvenile Services and move money from Visiting Judges to County Court at Law #1. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20045769 through 20045998 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims . as submitted. The next matter for consideration by the Court was Vol 4% Page 4 Commissioners' Court meeting September 16, 2003 g adopting the Order banning outdoor burning. On motion by the County Judge, seconded by Commissioner Peters and Cauley the Court voted unanimously to remove this items from the agenda. The next matter for consideration by the Court was a request submitted by the Information Technology Department seeking approval of "True-up" costs that need to be paid in December 2003 in order to remain in compliance with the Enterprise Agreement (EA) with Microsoft in the proposed FY 2004 budget. Ernie Laney, Director of the Information Technology Department asked that this be removed from the agenda. This was inadvertently placed there too early for consideration. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to remove this from the agenda. The next matter before the Court was the approval of the proposed fees for the use of the Brazos County Events Facility, effective October 1, 2003. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the attached fee schedule. The Court next considered a lease agreement between Brazos County and Southwood West of Brazos County for Vol 49 Page 5 Commissioners' Court meeting September 16, 2003 4 rental of 2,330 sq. ft. of office space in the building located at 12845 FM 2154, Suite 180 in College Station, Texas, for the use of the Justice of the Peace for Precinct 1. Term of the lease is for the period of one year commencing on October 1, 2003 and ending on September 30, 2003. The County agrees to pay to Southwood West the amount of $.95 per square foot of occupied space per month. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the lease agreement between Brazos County and Southwood West for the period stated above. A copy of the Lease Agreement is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Edsel Jones for the purchase of three (3) acres to be used by Road and Bridge for inventory of materials and parking of equipment. The cost to Brazos County will be $24,000.00. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Edsel Jones. A copy of the contractual agreement is attached. The Court next considered approval of the Brazos County Mitigation Team to serve as members of the Vol 49 Page to Commissioners' Court meeting September 16, 2003 5 Regional Planning Committee. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the Mitigation Team to serve as members of the Regional Planning Committee. The following individuals are on the Brazos County Mitigation Team: DeMerle Giordano, EMC/Mitigation Coordinator Michele Meade, Deputy EMC Bill Jeanes, Risk Manager Ray Crow Flood Plain Administrator Brett Blanker, GIS Ruby Andrews, (Wixon Valley) The Court next considered approval of the addition of the City of Kurten to our existing Emergency Management Program. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the addition of the City of Kurten to our existing Emergency Management Program. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Valley Council of Governments for the operation of the Indigent Health Care program. The cost to Brazos County will be $92,693.00 beginning October 1, 2003 through September 30, 2004. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Vol g-8 Page 7 Commissioners' Court meeting September 16, 2003 6 Brazos Valley Council of Governments. A copy of the contractual agreement is attached. The Court next considered approval of payment to the Restitution Account in the amount of $1,160.32 so the account can be closed as recommended by the County Auditor. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment to the Restitution Account in the amount of $1,160.32. The next matter before the Court was the approval of reimbursement to the Texas Juvenile Probation Commission in the amount of $47,426.85 for overpaid foster care. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to reimburse the Texas Juvenile Probation Commission in the amount of $47,426.85 for overpaid foster care. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual: Sonya Sauseda & M.A.M. & R.R.A.G. Family Trust - Part of Lots 1 and 2, Block 18, City of Bryan, Brazos County, Texas. Vol 1~9 Page 8 Commissioners' Court meeting September 16, 2003 The Court next considered approval of the Waiver of Local Match Fund Participation on Federal Off-System Bridge Program Project at the following locations: a. House Cemetery Road and Rocky creek b. Wilcox Lane and Wickson Creek On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the Waiver of Local Match Fund Participation on Federal Off-System Bridge Program Project. The next matter before the Court was setting the date and time of a Public Hearing to consider the posting of speed limits on the back portion of Elmo Weedon Road. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to hold a public hearing at 10:00 a.m. in the Brazos County Commissioners Courtroom on Friday, September 30, 2003. The next matter for consideration was approval for the Purchasing Agent to advertise the following bids: a. Bid 2003-052, Road Signs & Sign Posts b. Bid 2003-053, Equipment Lubricants C. Bid 2003-054, Oversized Limestone Aggregate d. Bid 2003-055, Heavy Machinery Rental e. Bid 2003-057, Office Furniture On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Vol ig Page 9 Commissioners' Court meeting September 16, 2003 8 Purchasing Agent to advertise for the previously noted bids. The Court next acknowledged receipt of the monthly financial report from the Brazos County Events Facilities for August 2003. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that he was working with Shelly Veselka, Delinquent Tax Collection Attorney, on surplus property. He has been meeting with Habitat for Humanity to get them to build homes and get these properties back on the tax rolls. Commissioner Cauley a) Went to a meeting on the parking garage. He is disturbed by the fact that oral comments have changed. He feels that we must have things in writing. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) Risk Management and Personnel are putting together a workshop on personal liability insurance on September 24, 2003 from 9:30 a.m. to 1:30 p.m. at the Brazos Center. b) The retreat held last Friday with the two cities and TAMU had Robert Gates Vol i~8 Page l o Commissioners' Court meeting September 16, 2003 9 speaking on putting together a Visitor's Center near Hensel Park. Also discussed was an update on the Expo Center, 900 Megahertz radio system, and a regional park . There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol 1+8 Page t i The foregoing minutes of the Commissioners Court meeting held September 16, 2003 have been examined and are approved in open Court this the ab day of {r 2003, in Bryan, Brazos County, Texas. R4,nySZ To Jone C ount ge Commissioner, Precinct 1 Duane Peters Kenny Mal d Commissioner, Precinct 2 Commissioner, Precinct 3 Gd C ey C ley, Jr. Commiss oner, Preci ct 4 Attest: Karen McQueen County Clerk VOL `f8 PAGE 1,R i BRAZOS COUNTY `COMMISSIONERS COURT MEETING ONJ e 200 a AT I NAME ` ORGANIZATION/DEPARTMENT ~-LAND Liz, C c s c~ M fl' IT K)V~5ux c Ho ~C 410-'v VOL 4 PA E ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEA] NO. 02/0343.1 thra 02/03435 On this the 16i' day of September 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on September 16, 2003 the Courtheard and approved a budget amendment forthe 2002-2003 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16`h day of September, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Ran ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL W PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0343.1 9/16/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 230001 525000 Dr. Contract Services $ 242.00 01 230002 619310 Cr. Visiting Judges 242.00 Coun Court at Law No. 1 To s the Contract Services to allow payment for the services of a bailiff. $ 242.00 $ 242.00 VOL 49 PAGE jS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-03.2 9/16/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 200001 673420 Dr. Furniture $ 136.00 01 200001 615000 Cr. Printing 136.00 District Clerk To reclassi funds to allow the purchase of a rolling ladder to retrieve stored files. is 136.00 $ 136.00 VOL 48' PAGE 11P BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03433 9/16/2003 FD DIV ACCT PROJ DB/CR ACCOUNT NAME Increase Decrease 01 370001 672860 Dr. Equipment - Other $ 500.00 01 370001 602600 Cr. Education Supplies 500.00 County A Extension To reclassify budget to allow unanticipated expenditures. $ 500.00 $ 500.00 e Iii VOL W PAGE 1'7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0343.4 9/16/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 165001 673420 Dr. Furniture $ 300.00 01 165001 614600 Cr. Pa ers 300.00 Purchasing To reallocate funds for the use of budget before the FYE 9/30/03. $ 300.00 $ 300.00 VOL L4 PAGE / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03113.5 9/162003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 310100 600800 Dr. Clothin niforrns $ 3,425.00 01 310100 721570 Cr. Counseling Services 3,425.00 Juvenile Services To reclassify budget to urcbase badges and kiandcuffs fordepartment staff. S 3,425.00 $ 3,425.00 VOL 49 PAGE 9 PERSONNEL CHANGE OF STATUS - COURT DATE: September 16, 2003 DEPARTMENT: Personnel PURPOSE: Amin Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED TAX OFFICE MARTINEZ, AMY PROMOTION FELDMAN, MELISSA PROMOTION DISTRICT ATTORNEY DEMPSEY, JACQUI RESIGNATION SHERIFF'S OFFICE-JAIL FRANKLIN, RUTH DISCHARGED DEJESUS, SERVANDO TRANSFER WITHIN DEPT. ZIEGELMANN, MICHELLE NEW HIRE - FULL TIME WILLIS, MARIE NEW HIRE - FULL TIME CURRIE, MICHAEL TRANSFER WITHIN DEPT. JUVENILE SERVICES ALEXANDER, ERICKA PROMOTION BAZY, SHENITA NEW HIRE - FULL TIME AUDITOR'S OFFICE HERNANDEZ, MARIA REDUCE POSITION TO PART-TIME Approved in Commissioners' Court: a tember 16 2 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL 418 PAGE ao NEW PRICE SHEET BRAZOS CENTER FEES AND DEPOSITS DEPOSITS: A deposit is money paid to reserve a space. The money placed f the space is deposited in the BCEF's checking account until the space is used or the event is cancelled. The deposit can not be applied to the fees. The deposit is held as security for the date, and to cover any damage or insufficient clean-up resulting from the event. Participants up to: 100 200 300 500 1200 Basic $150 $200 $300 $450 $600 With alcohol add 25 50 50 ; .100 200 Setup Day Deposit Fee will be assessed at $150 for Assembly 1 & 2 or Assembly 3 & 4. No cancellation on setup day unless both days are cancelled 60 days before the event. FEES: All fees must be aid two weeks prior to the event. PACE SEATING CAPACITY FEES VENDING BANQUET AUDITORIUM FEE MINIMUM TABLES $3 EA SSM 1 320 400 $300 $425 SSM 2 600 700 $600 $725 SSM 1 & 2 SUNDAY- 1000 1500 $3.00/PERSON $750 $900 FRIDAY RENTAL ONLY BANQUET m ~~+/,(~5'"} - ~ ~~'d'el lP ! '~Tj 1~ ~ !r } 'K /1 a a! kr"F yTMIy{/yna ~fij`1~U'k~~1~~4M ~iF~`I'J)'~,(~f'y 311 ~..M.~~Air rt J~SIiI 7~Pdlx~etl'~JI~YD111 11 l~~~Tt"~`4}NMd 3~c NI 03 Wily il, r l l~ el51y ' 4~1 , 14 ,,t.,.._ h5__~„ t!., SSM 3 100 125 $200 $300 SSM4 100 125 $2.00/PERSON $180 $250 AUDITORIUM SSM 3 & 4 180 200 $300 $400 CONCOURSE X X $100 $200 4HOURS OR LESS ALL DAY ALL DAY ROOM 102 X 125 $70 $125 $150 ROOM 106 36 50 $55 $75 $85 ROOM 108 36 50 $55 $75 $85 'Tables rent for $3 each for vending events. ALCOHOL SURCHARGE: To be paid by Lessee if alcohol will be available. PARTICIPANTS: Up to 100 $ 25 101--200 $ 50 201-300 $ 75 301--500 $125 over 500 $200 SALES: Applicable to each "vendor" for non-vending events (per day). Concessions: The sale of soft drinks and food items requires a vending fee of $25 per day . Merchandise: The sale of merchandise (shirts, videos, tapes, photos, etc. ) requires a daily fee of $25 per vendor. Alcohol: The sale of any alcoholic beverages (a cash bar) requires daily fee of $50. VOL `{Y PAGE o2/ X03 BRAZOS COUNTY ARENA COMPLEX FEES DEPOSITS: A deposit is money paid to reserve a space. The money placed for the space is deposited in the BCEF's checking account until the space is used or the event is cancelled. The deposit can not be applied to the fees. The deposit is held as security for the date, and to cover any damage or insufficient clean-up resulting from the event. Participants up to 100 200-500 over 500 BASIC $100 $300 $450 ALCOHOL +25 +100 +150 FEES: To be paid two (2) weeks prior to event date. BRAZOS COUNTY ARENA COMPLEX ARENA HALL NON-COMMERCIAL COMMERCIAL 125 CAPACITY $120 $165 PAVILION $325 $325 300'X 125 (BLEACHERS SEAT 350) ALCOHOL SURCHARGE: To be paid by Lessee if alcohol will be available. PARTICIPANTS: Up to 100 $ 25 101-200 $ 50 201-300 $75 301-500 $125 over500 $200 SALES: Applicable to each "vendor" (per day). Concessions: The sale of soft drinks and food items requires a vending fee of $25 per day. Merchandise: The sale of merchandise (shirts, videos, tapes, photos, etc.) requires a daily fee of $25 per vendor. Or the lessee may choose to pay $200 per day for as many vendors they can accommodate. Alcohol: The sale of any alcoholic beverages (a cash bar) requires a daily fee of $50. See above information for alcohol sold at a dancelconcert. VOL 48 PAGE as PROPERTY: The Brazos Center offers a variety of items that can be rented to make your event easier and more successful. Users wishing to reserve equipment should do so when they make their room reservation. Prices are per day of use. Overhead Projector $15 32" TV1VCR/DVD COMBO $35 Projection Screen $10 27" TV/VCR $25 Piano $25 PA System (fixed) $15 PA System (portable) $15 Dry Erase Board $ 5 Chalk Board $ 5 Flip Chart $20 Portable Stage (flat rate) $75 with pad and markers 4x8 - 6 sections Tape/CD player $15 Coffee Service Coffee Pot $10 50 cups $25 100 cups $50 Slide Projector $25 Easels Cordless Microphone $25 Brass $5 Lapel Microphone $25 Wooden $5 Cable Access for Internet $15 Regular Microphone $15 Fax line $25 Extension cords $10 Copies .10 each VOL 4~ PAGE 23 LEASE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 300 E. 260i Street, Bryan, Texas 77803, as "Lessee". I. Description of Premisel Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A' attached hereto and made a part hereof for all purposes, together will all easements, rights, and appurtenances in connection with the premises. The demised premises shall have assigned to it eight (8) permanent reserved spaces for Lessee. On days jury trials are scheduled, the Lessee shall be assigned an additional seventeen (17) temporary spaces for the length of the trial. Such spaces shall be designated with temporary signs on poles placed at the assigned temporary space. The location of the permanent and temporary spaces is set forth on Exhibit "B" attached hereto and made a part hereof for all purposes. II. Construction of Improvements a. Lessors' Obligation: Lessor agrees to construct at its expense a single story building, a portion of which shall be for Lessee's use and occupancy in accordance with plans and specifications to be approved in writing by Lessor and Lessee prioi to the commencement of construction. Such plans shall, at a minimum, :provide for a 15,625 sq. ft. facility with a floor plan asset forth on Exhibit "C" attached hereto and made a part hereof for all purposes. The demised Premises shall be at least 2330 sq. feet in size. The building shall be a metal, clear span building with accent facade on the front and sides, shall be insulated with R 13in the walls and R-30 in the ceiling, and shall contain sheetrock walls, suspended ceilings, 2 ADA approved bathrooms, electrical service to the main panel box, a HVAC system with a main plenum of a size to sufficiently cool the space, with doors and windows along the perimeter of the building. The building is to be handicapped accessible in accordance with ADA standards. Lessor shall also provide a $20.00 per square foot finish out allowance to be allocated to the following items: flooring or floor treatment, wall treatments, painting, interior doors, electrical from the main panel to interior rooms, HVAC ducting from the main plenum to interior rooms, lighting, millwork, cabinetry and any other items deemed necessary. Any items chosen by Lessee which exceed the allocated amount shall be paid for by the Lessee. Payment is due for such excess upon occupancy of the demised premises and the presentation of an itemized invoice for such items. Lessor will commence the construction of such one story building as soon as is reasonably possible after the plans and specifications therefor have been mutually approved in IT Page I of 14 VOL t18' PAGE a4 writing, and will diligently prosecute to completion such construction so that it is ready for occupancy on October 1, 2003. Lessor further agrees to proceed with the paving and lighting of the parking area in accordance with the plans and specifications therefor so that the parking area will be available for use at the time of the commencement of the terms of this lease. b. Construction delays and work stoppage: No delay in the completion of the construction required in the lease of the Lessor, caused by government regulations, inability to procure labor or materials, strikes, acts of God, or other causes similar or dissimilar beyond Lessor's control, shall be a basis for a claim of lack of dilig ucc on the mart of the lessor. C. Termination: Lessee shall have the right to terminate this lease if Lessee can not take occupancy on or before October 1, 2003. M. Term The initial term of this lease. shall be fora period of twelve (12) months commencing on October 1, 2003 and terminating on September 30, 2004 (the "Initial Term'). If this lease does not commence on the first day of October, 2001, rent for the month of October shall be prorated. This lease may be renewed nine (9) times after the expiration of the Initial Term for a one (1) year term, each renewal term to he effective October 1 of the year of renewal. Each renewal term shall be numbered with renewal option 1 commencing on October 1, 2004 and being numbered consecutively thereafter with renewal option 9 commencing on October 1, 2012 and termination on September 30, 2013. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. IV. Rental Lessee agrees to pay Lessor as a fixed minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate, an amount equal to $.95 per sq. foot of occupied space. Said rent is payable in monthly installments on the first day of each month for the term of the lease. V. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications therefor. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishings, and equipment shall not be construed as an acceptance of the demised premises. Page 1 oft 0 VOL 49 PAGE a5 VI. Use of Premises Lessee shall use the demised premises for a Justice of the Peace and Constable Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VII: Sims: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. VIII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such struct ural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. DL. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect of plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. X Casualty Damage; Repairs; Abatement of Rent . a. Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b. Right to terminate on destruction of one-third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one- third of the then reconstruction cost of such building as a whole; provided that, in such an event, Pov3 of 14 VOL 49 PAGE x41 I such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c. Repairs by Lessor. If the demised premises shall, either prior to the beginning of the lease term or during the lease term, be damaged or destroyed by fire or by any other cause whatsoever beyond Lessee's control, Lessor, except as other wise provided below, shall, immediately upon receipt of insurance proceeds paid in connection with such casualty damage, but in no event later than 10 days after such damage has occurred, proceed to repair or rebuild the same, including any additions or improvements made by Lessor or by Lessee with Lessor's consent, on the same plan and design as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials used in repair shall be as nearly like original materials as may then be reasonably procured in regular channels of supply. d. Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repair;, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending the repair of casualty damage. XI. Repairs Generally a. By Lessor: The Lessor shall, at its own cost and expense, repair any damage to the demised premises occasioned by termites, dry!rot, mold or fungus, and keep and maintain the roof and exterior walls, air-conditioning equipment, of the demised premises in good repair at all times, and will Anther keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the repairs required in this Section unless and until there has been served upon Lessor by the Lessee at least 3 days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b. By Lessee: Lessee shall, at'its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, plate glass, in or on the demised premises, in good order, condition, and repair, and in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. c. Emergency repairs: Notwithstanding the provisions of Section X, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. Page,( of 14 VOL .4K PAGE a7 X11. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises ME. Taxes . Lessee shall pay the ad valorem taxes on the demised premises to the extent such taxes exceed the taxes due and payable for the 2004 tax year (the Base Year). This Base Year shall not change upon renewal of the Lease. Should Lessee not occupy the entire free standing building, Lessee's payment of taxes shall be ratably adjusted. Lessee shall pay such taxes no later than December 20s' of the year in which the tax accrues. Mv. Insurance a. Insurance companies: It is agreed that any and all policies.of insurance to be kept and maintained in force by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Rey Rates Guide, and licensed to do business in the State of Texas. b. Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to their property occurring in or about the demised premises. The liability under such insurance shall be not less than $1,000,000.00 for bodily injury and property damage, $2,000,000.00 aggregate. Lessee shall have the option to self insure. c. Lessor to obtain fire insurance on Qremises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire and casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro-rated based upon the percentage of the building occupied by lessee. Such incremental increase shall be payable upon 30 days written notice. d. Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and Page S of /4 VOl4-k PAGE 28 all documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss. Xv. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XVL Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XVII. Subordination Agreement Lessee covenants and agrees to execute any instrument or instruments permitting a first mortgage or trust deed to be placed on the demised premises or any part as security for any indebtedness, and subordinating this lease to the first mortgage or trust deed, ifrequired.to do so by the lending agency. Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVIII. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. XIX. Default By Lessee a. Lessor's right to repossess, operate. or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice. in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and Lessee has not commenced a cure for such failure for a period of 20 days after notice in writing specifying the nature of such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such Page 6 of 14 VOL_48- PAGE 29 event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the then current lease term. Lessor acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from, such. operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collection fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expiration of the then current lease term of this ]ease or on the sooner termination by written notice of termination. b. Repossession or reletting not a termination, Lessor's right to terminate not forfeited: No repossession, operation, or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c. Lessee's obligation to oav deficiencies: In the event the proceeds or rentals received by the Lessor under the provisions of Section )C[X are insufficient to pay all costs and expenses and all amounts due and becoming due under the lease, the Lessee shall pay to the Lessor on demand by the Lessor and the production of partnership records to substantiate the claim, such deficiency as may have occurred or existed. d. Lessor's ri&t to terminate lease: In the event of Lessee's default as stated in Subsection 3fvIXXa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. e. Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative, and the exercise of one right or remedy by the Lessor shall not impair its right to exercise any other right or remedy. XX. Default By Lessor The following shall be deemed events of default by the Lessor under this lease: Page 7 of 14 VOE: PAGE a. Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee), b. Lessor shall fail to perform its obligations and responsibilities to be performed under the Lease. XXI. Remedies of Lessee w. Upon an event of default as defined in Article XX above, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct and consequential damages from the Lessor.. Should the default be a default as described in Article XX a., consequential damages shall be limited to expenses incurred by Lessee if it can not continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XXII. Expenses of Enforcement Should either party incur any expense in enforcing any covenants of this lease, the party in default shall pay to the other all expenses so incurred, including reasonable attorneys' fees. XXIII, Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi- public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During aby reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be adjusted in the proportion that the reconstructed demised premises bears to the original demised premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Page a of 14 VOL Ile PAGE 31 Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. x3 v. Peaceful Enjoyment Lessor covenants and wan-ants that, subject to any trust deeds or mortgages now of record or in the future placed of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceably possess and enjoy the demised premises during the lease term without any interruption or disturbance. XXV. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXVL Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXVH Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. XXVHL Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXDL Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. Page 9 of 14 VOL 4 9 PAGE 3a MA. Parties Bound Each and every provision of this lease shall bind and.shall inure to the benefit of the parties to the lease and their successors and assigns. XJQ~I. Holding Over No holding over and continuation of any business by the Les ee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term Any holding over without Lessor's consent shall be considered to be a day-today tenancy at a rental of twice the daily rate of the fixed minimum monthly rental provided in the lease, computed on the basis of a 30-day month. XXM. Notices All notices of demands of any land which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessee: Southwood West, A General Partnership 4101 Texas Ave„ Suite B Bryan, Texas 77802 979-846-4500 Office 979-846-9378 Fax mcdowellna,txc er.com Dated this the day of!~ rye el 2003. ATTEST: LESSEE BRAZOS CO TEXAS By By: en McQueen, County C erk Rand mis, County Judge Page JO of lI 3.3 VOL qY PAGE LESSOR SOUTHWOOD WEST, a Texas General Partnership B Page 11 of 14 VOL Or PAGE 3`L EXIRBTP "A" All of Lots FIVE (5) and SIX (6), Block TWO (2), EDELWEISS BUSINESS CENTER, an addition to the City of College Station, Brazos. County, Texas, according to the Plat thereof recorded in Volume 5002, Page 151, Official Records of Brazos County, Texas. Page rI of 14 VOL PAGE 367 MaMrr "B" 41 1 -alp c f.. r u a i VOL Y PAGE 3lv Page 13 of10 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium Transactions 1. PARTIES: Edsel G. Jones (Seller) agrees to sell and convey to (Buyer) and Buyer agrees to buy from Seller the Property described below. 2. PROPERTY: Lot , Block:....... See Exhibit "A" Addition, City of Brazos County, Texas, known as 3.0 acres out'?,of a 9.0 acre tract located in the Samuel Davidson League, Abstract 13 (address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto, including but not limitqd to:.. water rights, claims, permits, strips and gores, easements, and cooperatiue::or.association memberships (the Property). 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing $ 24,000.00 B. Sum of all financing described below $ C. Sales Price (Sum of A and B) $ 24.000.00 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) ❑ A. THIRD PARTY FINANCING: One '.or. more third party mortgage loans in the total amount of $ If the Property does not satisfy the lenders' underwriting requirements for the loan(s), . this contract will terminate and the earnest money will be refunded to Buyer. (Check one boxonly), ❑ (1) This contract is subject to, Buyer being approved for the financing described in the attached Third Party FinancingCondition Addendum. ❑ (2) This contract is not subject to Buyer. being approved for financing. ❑ B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum. ❑ C. SELLER FINANCING: A promissory:pote from Buyer to Seller of $ bearing % interest per annum, secured by vendor's and deed of trust liens, and containing the terns and conditions described in the attached TREC Seller Financing Addendum. If an owner policy of fitle insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. 5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer shall deposit $100.00 as earnest money with University Title Co. . as escrow agent, at 1021 University Dr. E. (address). Buyer shall deposit additional earnest rhoney of $ n/a with escrow agent within n/a days after the effective date of this contract If Buyer fails to deposit the earnest money as required by this contract, buyer will be in default 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish ao4 uyer at x❑ Seller's ❑ Buyer's expense an owner policy of title insurance (Title Policy) issued by ` University Title Co (as agent) (Title Company) in the amount of the Sales Price, dated at or after closing, insuring buyer against loss under the provisions. of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants comm6n a8' N platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception ''as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception- as to discrepancies, conflicts, shortages in area or boundary Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 Soudcm Realty & Financial Co. 310 University Dr. E., College Station TX 77840 Phone: 979-696-6600 Fax: 979-696-3040 DgRaAt Jones T4878198ZFX Prodc44 w ZgFmm by M Fa Nei.•11C.19325 Rion alit Road. CW. Tm.10V. M.N9. 48035. (000) 3919005 110L FAGE 38 3.0 Acres, Samuel Davidson League Contrail Concerning Page Two 01-06-03 (Address of Property) lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyers expense may have the exception amended to read, "shortages in area". B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment, for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants' and documents evidencing exceptions in the Commitment (Exception Documents) `other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and Exception Documents to Buyer at Buyers address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and any lender. (Check one box only) U (1) Within days after the effective date of this contract, Seller, at Sellers expense, shall furnish a new survey to Buyer. ❑ (2) Within days after the effective date of this contract;Buyer, at Buyer's expense, shall obtain a new survey. ❑ (3) Within days after the effective date of this contract, Seller shall furnish Sellers existing survey of the Property to Buyer and the Title Company, along with Sellers affidavit acceptable to the Title Company for approval of the survey. If the survey is not approved b the Title.. Company or Buyer's lender, a new survey will be obtained at ❑ Sellers [Buyers exjii rise`Ibo later than 3 days prior to the Closing Date. D. OBJECTIONS: Within 20 days"af Buyer receives the Commitment, Exception Documents and the survey, Buyer may object .'iri''!'w icing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey othi r than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; (ii) any portion of the Property lying in the 100 year flood plain as shown, on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or activity: Buyers failure to object within the ',tiilie allowed will constitute a waiver of Buyers right to object; except that the requirements in Schedule C of the Commitment are not waived. Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY:' Broker advises Buyer to have an abstract of title covering the Property examined by an attorney. o$Buyers selection, or Buyer should be furnished with or obtain a Tittle Policy. If a Trltel.;R.olicy is furnished, the Commitment should be promptly reviewed by an attorney of :Buygrs~~~ 6ice due to the time limitations on Buyers right to object. 3 (2) MANDATORY OWNERS' ASSOCtA`fION `MEMBERSHIP: The Property ❑ is (9 is not subject to mandatory membership in an owners'. association.' If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of. property in the residential community in which the Property is located, you are obligated to 'be.11 Ei- iiember of the owners' association. Restrictive covenants governing the use and occupancy )of the Property and a dedicatory instrument governing the establishment, maintenance;' and' operation of this residential community have been or will be recorded in the Real Property Records of the wunty in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated "to pay assessments to the owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. (3) STATUTORY TAX DISTRICTS: ;.If: the Property is situated in a utility or other statutorily created district providing water, sewer, ..drainage, or flood control facilities and services, Chapter 49, Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate; 'bonded indebtedness, or standby fee of the district prior to final execution of this contract (4) TIDE WATERS: If the Property; abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract An addendum containing the notice promulgated by TREC or required by the parties must be used. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 ('fdducCd Wd~ Z1pFdm by RE Fa Nm UC 1802S FiM1een Mb Rood, 0M Ta 0. Mi.TU a 5, (000) 383-800.5 T4878198ZFX VOL 112V PAGE 39 3.0 Acres, Samuel Davidson League Contrail Concerning Page Three 01-06-03 (Address of Property) (5)ANNEXATION: If the Property is' located outside the limits of a municipality, Seller notifies Buyer under §5:011, Texas Property. ,Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality: Each' municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jiuisd(Ctioh or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) UNIMPROVED PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: If the Property is located in a certificated service area of a utility service provider and the Property. does not receive water or sewer service from the utility service provider on the date the 'Property is transferred, §13.257, Texas Water Code, requires a notice regarding the cost of providing water or sewer services to the Property. An addendum containing the notice promulgated by TREG, or required by the parties must be used. (7) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property ❑ is ❑ is not located in a Texas Agricultural Development District. 7. PROPERTY CONDITION: A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by inspectors selected by Buyer and-'1166fi.&ed by TREC or otherwise permitted by law to make inspections. Seller shall permit. !<9Wer; 'and Buyer's agents access to the Property at reasonable times. Seller shall pay for tufriiaq on existing utilities. NOTICE: Buyer should determine availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided Seller, at Seller's expense; shall:eQmplete the following: none. C. COMPLETION OF REPAIRS: Unless` otherwise agreed in writing, Seller shall complete all agreed repairs prior to the Closing Dafe. All required permits must be obtained, and repairs must be performed by persons who are licensed or otherwise permitted by law to provide such repairs. At Buyer's election,..any transferable warranties received by Seller with respect to the repairs will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs. D. ENVIRONMENTAL MATTERS: Buyer. is advised that the presence of wetlands, toxic substances, including asbestos arid,,; wastes or other environmental hazards, or the presence of a threatened or endangered ;sj>eele its habitat may affect Buyer's intended use of the Property. If Buyer is concerned ati'p[iti,these matters, an addendum promulgated by TREC or required by the parties should be used: E. SELLER'S DISCLOSURES: Except .as'. otherwise disclosed in this contract, Seller has no knowledge of the following: (1) any flooding of the Property wl?igh,.has had a material adverse effect on the use of the property; (2) any pending or threatened litigation, condemnation, or special assessment affecting the Property; (3) any environmental hazards or conditions which materially affect the Property; (4)any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or (6) any threatened or endangered species or their habitat affecting the Property. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or.beio'ne. November 30 2003 or within 7 days after objections to matters disclosed :)n=the Commitment or by the survey have been cured, whichever date is later (Closing Datej: if either party fails to close the sale by the Closing Date, the non-defauking party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or ifi tes showing no delinquent taxes on the Property. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 Pr«luea0 w ZbFa - by RE Form UC 18025 Fifteen Mile Roeq C". T..n", M iiren aboas, (800) M3A T48781982FX VOL VF PAGE 4O 3.0 acres out of a 9.0 acre tract Contract Concerning Page Four 01-00-03 . (Address of Property) (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. D. All covenants, representations and warranties in this contract survive closing. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer upon closing and funding. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from"adding factual statements or business details for which a contract addendum or other form has been promulgated by TREC for mandatory use.) Seller's agent is Donald W. Jones, a licensed real estate broker who represents Seller. The real, estate commission payable to Seller's agent shall be Zero (0) percent. Seller is a licensed real estate agent in the State of Texas. Both Buyer and Seller must agree to location and configuration of the 3 acres to be sold. Seller shall reserve the minerals estate associated with and attached to this property, and shall execute a surface waiver in favor of Buyer. 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at d'r'prior to closing: (1) Expenses payable by Seller (Sellers Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied to Buyers Expenses. (2) Expenses payable by Buyer (Buyer's Expenses): (a) Loan origination, discount, buy-down; and commitment fees (Loan Fees). (b)Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy. with endorsements required by lender; loan-related inspection fees; photos, amortization schedules, one-half of escrow fee; transfer fees for cooperative or association membership for,: utility services; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental: assessments; final compliance inspection; courier fee, repair inspection, underwriting.fee and wire transfer, expenses incident to any loan, and other expenses payable by @uyer under this contract. B. Buyer shall pay private Mortgage (iisuianoe Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as'rbgdlred by the lender. C. If any expense exceeds an amount' expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay "chaIrg'es and fees expressly prohibited by FHA, VA, Texas Veteran's Housing Assistance Program or other governmental loan program regulations. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyers use of the Property after closing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing, Initialed for identification by Buyer ''.arid Seller 01A TREC NO. 9-5 P~ ZpFa - by RE Fwm .C, LLC 1e25 "FMe Mile RO . CWw Tpw Kp, MiOkM 48 , (900) ~ T48781982FX VU 49 PAGE 3.0 Acres, Samuel Davidson League Page Five 01-06-03 Contract Concerning 9e (Address of Property) _ the Assessments will be the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in Assessments for periods prior to : closing', the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will`survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of Insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any obligations-of Seller under Paragraph. T 15. DEFAULT: If Buyer fails to comply wittythis contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the eamest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any, non-casualty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a)° extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the eamest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through altemative dispute resolution procedures. such as mediation. Any dispute between Seller and Buyer related to this contract which is not .resolved through informal discussion 0 will ❑ will not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs :equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEYS FEES: The prevailing party' in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party. 18. ESCROW: The escrow agent is not .(a) 4 party to this contract and does not have liability for the performance or nonperformance of,;any_party to this contract, (b) liable for interest on the earnest money and (c) liable for the' lost;' of any eamest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At ,closing, the earnest money must be applied first to any cash down payment, then to Buyers Expenses and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. If one party, makes, written demand for the earnest money, escrow agent shall give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection, to the demand from the other party within 30 days after notice to the other parry, escrbw,;agent may disburse the earnest money to the party making demand reduced by the amount`,. of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow ;agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the eamest money. Escrow agent's notice to the other party will be effective when deposited in the U.S. Mail, postage prepaid, certified mail, return receipt requested, addressed:, to the other party at such party's address shown below. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this contract is untrue on the Closing Date, Buyer may terminate this contract and the earnest money will be refunded to Buyer. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 Rmaucm w BpFO W q RE Fa SW. LLC 18 5 moon a Rouk Croton Townsft. MOiW 4W35.(800) 38s9 T4878198.ZFX VOL 49 PAGE 4a 3.0 Acres, Samuel Davidson League Contract Concerning Page Sir 01-06-03 (Address of Property), 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person" as defined by applicable law, or if Seller fails to deliver an affidayit`,'to"Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Intemal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile as follows: To Buyer at: Tzer County of Brazo E one '10171 caqi- 26th Ri- F Ct1i+a 114 10 Unix r i Dr' e East Colleoe Station. TX 77840 grSjs3rirTaxaa 7780 o Telephone: !4791 Y61-4102 Telephone: (979)693-1530 Facsimile: (979) 823-6993 Facsimile: (979)696-3040 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement Addenda which are a part of this contract are (check all applicable boxes): . ❑ Third Party Financing Condition Addendum. ; ❑ Addendum for Coastal Area Property ❑ Seller Financing Addendum ❑ Addendum for Property Located Seaward of the Gulf Intracoastal Waterway ❑ Loan Assumption Addendum ❑ Addendum for Release of Liability on Assumption of FHA, VA, or Conventional Loan Restoration of Seller's Entitlement for VA Guaranteed Loan ❑ Addendum for Property Subject to ❑ Addendum for Unimproved Property Mandatory Membership in an Owners' Located in a Certificated Service Area of Association a Utility Service Provider ❑ Addendum for Sale of Other Property by. ❑ Addendum for "Back-Up" Contract Buyer ❑ Environmental Assessment, Threatened", or Endangered Species and Wetlands Addendum ❑ Other (list): Initialed for identification by Buyer and Seller 01A 7REC NO. 9-5 P.odlreE web MPFO w by R Fa $Nat LLC 19035 FB MW Ro C6iton T. .W. MiChigM 98035, (800) 3B]-9805 T4878196.ZFX VOL Mfg PAGE 10 3.0 Acres, Samuel Davidson League Contract Concerning Page Seven 01-06-03 (Address of Property) - 23. TERMINATION OPTION: This paragraph will be a part of this contract ONLY if both blanks are filled in and Buyer has paid the Option Fee. Buyer has paid Seller $ (Option Fee) for the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract If Buyer gives notice of termination within the time specified, the Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. The Option Fee ❑ will ❑ will not be credited to the Sales Price at closing. For the purposes of this paragraph, time is of the essence; strict compliance with the time for performance stated herein is required. 24. CONSULT AN ATTORNEY: Real _ estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. Buyer's Seller's Attorney is: Attorney is: Telephone: Telephone: Facsimile: Facsimile: EXECUTED the day of (EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) Buyer Seller Edsel G. Jones Buyer Seiler The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 4595544 (http:J/w .trec.state.tx.us) TREC NO. 9-5. This form replaces TREC No. 94. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 Produce0 wiN ZlpFOrm^' by NE F, NK UC 18025 Fllaan Mik Roa4, dlixm Towwstip, Mlgtlpan 48008. (8001 a83 9905 T4878198.ZFX UOL 8 PAGE q# 3.0 Acres, Samuel Davidson League Contact Concerning Page Eight 01-06-03 (Address of Property) SELLER'S RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Seller Edsel G. Jones Date BROKER INFORMATION AND RATIFICATION OF FEE Listing Broker has agreed to pay Other;Broker.>; , of the total Sales Price when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Brokers fee at closing. Donald W. Jones Other Broker Listing Broker 0313390 (979)696-6600 License No. Telephone License No. Telephone represents ❑ Buyer only as Buyer's agent represents E] Seller and Buyer as an intermediary ❑ Seller as Listing Brokers subagent ® Seller only as Seller's agent Associate Telephone Listing Associate Telephone (979)696-3040 310 University Dr. E., CS TX Brokers Address Listing Associate's Office Address Facsimile Facsimile Selling Associate Telephone Selling Associate's Office Address Facsimile RECEIPT Receipt of ❑ Contract and E] $ Earnest Money in the form of is acknowledged. Escrow Agent: University Title Co-; Date: By: Telephone: Address Facsimile: City State Zip Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 F~ZQFOr by RE Fa sNM LLC 10 Fstssn MM Rw , CWn TVwnshp. MKNgw ipp35, (BpC( ]B39W5 T49781982FX VOL 44 PAGE '15 ,V \ 1 C io r GST '~39/ 1 CO~ .O T M. SC ; Yr 6.. ra " DD r n i7 / O fD c. TL1 \ u .p rr , •.i, 9~'"Pi O lJ j t Cf) ~ - sO fTl D 9 r . ~(PM r / g, T ~ o ~ r NP ~z ' v %Od i c~iy qF sT p C 6 / 4 64,' 9 O y .,pt FS C cn < (TI O Ml z O m r D 'OC Z m 9'92 •9C "s. VOLIOPAGEq~P PAU PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION frREC) UNIMPROVED PROPERTY CONTRACT avatnprr ' NOTICE: Not For Use For Condominium Transactions 1. PARTIES- Edsel G. Jones (Seller) agrees to sell and convey to (Buyer) and Buyer agrees to buy from Seller the Property described below. 2. PROPERTY: Lot , Block:... See Exhibit "All Addition, City of Brazos County, Texas, known as 3.0 acres out; -of a 9.0 acre tract located in the Samuel Davidson Leacue Abstract 13 (addresslzip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto, including but not limited toy. watac rights, claims, permits, strips and gores, easements, and cooperatiue:.or.association memberships (the Property). 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing $ 24 .000.00 B. Sum of all financing described below $ C. Sales Price Sum of A and B $ 24 .000.00 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) A. THIRD PARTY FINANCING: One or., more third parry mortgage loans in the total amount of $ If the Property does not satisfy the lenders' underwriting requirements for the loan(s), this contract will terminate and the earnest money will be refunded to Buyer. (Check one:boxonly) ❑ (1) This contract is subject -to ;Buyer being approved for the financing described in the attached Third Party Financin6C:67idition Addendum. El (2) This contract is not subject to Buyer. being approved for financing. ❑ B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum. ❑ C. SELLER FINANCING: A promisso'g!inote from Buyer to Seller of $ bearing % interest per annum, secured by vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC Seller Financing Addendum. If an owner policy of fitle insurance is fumished, Buyer shall furnish Seller with a mortgagee policy of title insurance. 5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer shall deposit $100.00 as earnest money with University Title Co. as escrow agent, at 1021 University Dr. E. (address). Buyer shall deposit additional earnest money of $ n/a with escrow agent within n/a days after the effective date of this contract If Buyer fails to deposit the earnest money as required by this contract, Buyer-will be in default 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to;uyer at 0 Seller's ❑ Buyer's expense an owner policy of title insurance (Title Policy) issued by University Title Co. (as agent) (Title Company) in the amount of theSales Price, dated at or after closing, insuring Buyer against loss under the provisions-of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants commdn.t-6.169: platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception `as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception's to discrepancies, conflicts, shortages in area or boundary Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 Southern Realty & Financial Co. 310 University Dr. E., College Station TX 77840 Phone: 979-696-6600 Fax: 979-6963040 Donald )ones T4878198.ZFX NodceC wlh LpFp - q RE F.r ,Rat:116,19@5 F91aen WW Roeq Ct n T.+ P• MKIY 9a035, (960) 39}9905 VOL 4 PAGE 'fb~ 3.0 Acres, Samuel Davidson League Contract Concerning Page Two 01-06-03 ' (Address of Property) lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyers expense may have the exception amended to read, "shortages in area". B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment, :for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants' and documents evidencing exceptions in the Commitment (Exception Documents) "other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. C. SURVEY: The survey must be made, by a registered professional land surveyor acceptable to the Tide Company and any lender. (Check one box only) ❑ (1) Within days after the effective date of this contract, Seller, at Sellers expense, shall furnish a new survey to Buyer. ❑ (2) Within days after the effective date of this contract-Buyer, at Buyers expense, shall obtain a new survey. ❑ (3) Within days after the effective date of this contract, Seller shall furnish Sellers existing survey of the Property 'to Buyer and the Title Company, along with Sellers affidavit acceptable to the Tide Company for approval of the survey. If the survey is not approved b the Title Company or Buyers lender, a new survey will be obtained at ❑ Sellers ❑yBuyers ex)serisb,~o later than 3 days prior to the Closing Date. D. OBJECTIONS: Within 20 days .-M&: Buyer receives the Commitment, Exception Documents and the survey, Buyer may object iri r gnting to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; (ii) any portion of the Property lying in the 100 year flood plain as shown. on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the;following use or activity: Buyers failure to object within b time allowed will constitute a waiver of Buyers right to object; except that the requirements in Schedule C of the Commitment are not waived. Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY:' Broiler advises Buyer to have an abstract of title covering the Property examined by an attorney. of Buyers selection, or Buyer should be furnished with or obtain a Title Policy. If a Title,''.;Pdflcy is furnished, the Commitment should be promptly reviewed by an attorney of Buyers?choice due to the time limitations on Buyers right to object. ,.1,.- . (2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property ❑ is 9) is not subject to mandatory membership in an owners' association. If the Property is subject to mandatory membership in an owners' association, Seiler notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of..property in the residential community in which the Property is located, you are obligated to 'be' a:;xi ember of the owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance,' and' operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to"pay assessments to the owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. (3) STATUTORY TAX DISTRICTS: , If:. the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate ..bonded indebtedness, or standby fee of the district prior to final execution of this contract (4) TIDE WATERS: If the Property. abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. Initialed for identification by Buyer` and Seller 01A TREC NO. 9-5 PrgIXweC viYft Z]PF Mm by RE F SNl. UC 19 5 Ftllee" MLb Ro . CIp W Tgwnshp, Mkhgw 48035, (800)3819805 T4878198.ZFx 'COL. 4 S PAGE '>L9 3.0 Acres, Samuel Davidson League Contract Concerning Page Three 01-06-03 (Address of Property) _ (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction' of: a municipality and may now or later be subject to annexation by the municipality. ° Each' municipality maintains a map that depicts its boundaries and extraterritorial. jurisdiction. To determine if the Property is located within a municipality's extraterritorial jursdicton or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) UNIMPROVED PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: If the Property is located in a certificated service area of a utility service provider and the Property does not receive water or sewer service from the utility service provider on the date" the Property is transferred, §13.257, Texas Water Code, requires a notice regarding the cost of providing water or sewer services to the Property. An addendum containing the notice promulgated by,TREG. or required by the parties must be used. (7) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property ❑ is ❑ is not located in a Texas Agricultural Development District. 7. PROPERTY CONDITION: A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by inspectors selected by Buyer and, licdiised by TREC or otherwise permitted by law to make inspections. Seller shall permit Buyer' and Buyer's agents access to the Property at reasonable times. Seller shall pay for turntrig on existing utilises. NOTICE: Buyer should determine' ht availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided Seller, at Seller's expense; shall complete the following: none. C. COMPLETION OF REPAIRS: Unless. :otherwise agreed in writing, Seller shall complete all agreed repairs prior to the Closing Date. All required permRs must be obtained, and repairs must be performed by persons who are licensed or otherwise permitted by law to provide such repairs. At Buyer's election, any. transferable warranties received by Seller with respect to the repairs will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs. D. ENVIRONMENTAL MATTERS: Buyer. is advised that the presence of wetlands, toxic substances, including asbestos .and,Vastes or other environmental hazards, or the presence of a threatened or endangered species;'or -its habitat may affect Buyer's intended use of the Property. If Buyer is concerned.at?outihese matters, an addendum promulgated by TREC or required by the parties should be used; ; s,ii' E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge of the following: (1)any flooding of the Property which has had a material adverse effect on the use of the property; (Z) any pending or threatened litigation, condemnation, or special assessment affecting the Property; (3) any environmental hazards or conditions which materially affect the Property; (4)any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or (6) any threatened or endangered species or their habitat affecting the Property. 8: BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A The closing of the sale will be on or before, November 30 2003 or within 7 days after objections to matters disclosed ;ih the Commitment or by the survey have been cured, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or c ifi tes showing no delinquent taxes on the Property. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 PmahasO w Zt) am n, RE Fblbl L LLC 1&25 FR M ROW, c T& ms*. Mek: 48035, (800) 3839805 T4678198.ZFX VOLE PAGE 5D 3.0 acres out of a 9.0 acre tract Contract Concerning Page Four 01-06-03 . (Address of Property) (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. D. All covenants, representations and warranties in this contract survive closing. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer upon dosing and funding. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from'adding factual statements or business details for which a contract addendum or other form has been' promulgated by TREC for mandatory use.) Seller's agent is Donald W. Jones, a licensed real estate broker who represents Seller. The real.estate.commission payable to Seller's agent shall be Zero (0) percent. Seller is a licensed real estate. agent in the State of Texas. Both Buyer and Seller must agree to location and configuration of the 3 acres to be sold. Seller shall reserve the minerals estate associated with and attached to this property, and shall execute a surface waiver in favor of Buyer. 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid ator`prior to closing: (1) Expenses payable by Seller (Selle?s Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract (b) Seller shall also pay an amount not to exceed $ to be applied to Buyer's Expenses. r- , sv!. (2) Expenses payable by Buyer (Buyer's Expenses): (a) Loan origination, discount, buy-down;;and commitment fees (Loan Fees). (b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy with endorsements required by lender, loan-related inspection fees; photos, amortization schedules, one-half of escrow fee; transfer fees for cooperative or association membership for, utility services; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental;' assessments; final compliance inspection; courier fee, repair inspection, underwriting, fee and wire transfer, expenses incident to any loan, and other expenses payable by $46.i under this contract. B. Buyer shall pay private Mortgage" lhsuCance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as T6gWred by the lender. C. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay!"charg2s and fees expressly prohibited by FHA, VA, Texas Veteran's Housing Assistance Program oir other governmental ban program regulations. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after dosing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing, Initialed for identification by Buyer ~ahd Seller 01A TREC NO. 9-5 Pro4uce0 xin LpFam^' by RE FwmsNel, UC 180!5 FI~«n MJa RoeE, C~tm TowvsMp, Mklilyvl iBP.iS, (8001383 9805 T4878198.ZFX V4L 48 PAGE S~ 3.0 Acres,_~Samael Davidson League Contract Concerning Page Five 01-06-03 (Address of Property) the Assessments will be the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a special use, valuation on the Property claimed by Seller results in Assessments for periods prior to'. closing; the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will'survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of Insurance proceeds and receive credit from Seller at closing in the amount of the deductible under :the insurance policy. Seller's obligations under this paragraph are independent of any obligations;of Seller under Paragraph 7. 15. DEFAULT: If Buyer fails to comply with,";this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any :non-capuafty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a), dgtend the time for performance up to 15 days and the Closing Date will be extended as necessary, or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and 'receive the earnest money, thereby releasing both parties from this contract 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures. such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion x❑ will ❑ will not be submitted to a mutually acceptable, mediation service or provider. The parties to the mediation shall bear the mediation.: costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: The prevailing party in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party. 18. ESCROW: The escrow agent is not'..(a) a party to this contract and does not have liability for the performance or nonperformance of.. .any; party to this contract, (b) liable for interest on the earnest money and (c) liable for the foss` of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At dosing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. If one party. malkes:,written demand for the earnest money, escrow agent shall give notice of the demand by. providing to the other party a copy of the demand. If escrow agent does not receive written objection;, to the demand from the other party within 30 days after notice to the other party, escrnw,;agent may disburse the earnest money to the party making demand reduced by the ai666nl', pf unpaid expenses incurred on behalf of the party receiving the earnest money and escrow;;agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. Escrow agent's notice to the other party will be effective when deposited in the U.S. Mail, postage prepaid, certified mail, return receipt requested, addressed. to the other party at such party's address shown below. Notice of objection to the demand' will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: Seller represents' ~'Ihat as of the Closing Date (a) there will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this contract is untrue on the Closing Date, Buyer may terminate this contract and the earnest money will be refunded to Buyer. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 PivEU'wE wM 7ipFmm by RE FampNal, LLC 18035 Faa We Rce0. Cf To WV. MCtN=18035, (B00) ]83.9&1` T4878198.ZFX VOL 4 PACE 502, Contract Concerning 3.0 Acres, Samuel Davidson League Page Sic 01-0603 (Address of Property) ' 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person" as defined by applicable law, or if Seller fails to deliver an affic1gAt16':Buyer that Seller is not a 'foreign person;' then Buyer shall withhold from the sales proceeds' an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile as follows: To Buyer at: To Se ep' i Count of Brazos E one 3f1r1 Fact 26th St_., SL1'tp 774 310 Universi Drive East Bryan., Texas 771101 College Station. TX 77840 Telephone: (970) vr1-4102 Telephone: (979) 693-1530 Facsimile: (979) R23-6993 Facsimile: (979) 696-3040 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes):. ❑ Third Party Financing Condition Addendum. ❑ Addendum for Coastal Area Property ❑ Seller Financing Addendum ❑ Addendum for Property Located Seaward of the Gulf Intracoastal Waterway ❑ Loan Assumption Addendum ❑ Addendum for Release of Liability on Assumption of FHA, VA, or Conventional Loan Restoration of Seller's Entitlement for VA Guaranteed Loan ❑ Addendum for Property Subject to ❑ Addendum for Unimproved Property Mandatory Membership in an Owners' Located in a Certificated Service Area of Association a Utility Service Provider ❑ Addendum for Sale of Other Property by ❑ Addendum for "Back-Up" Contract Buyer ❑ Environmental Assessment, Threatened`, ` or Endangered Species and Wedands Addendum ❑ Other (list): Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 rwewedw ZiPF.-by RE Fans .LLC IW25 Fit nMa Ro,q Clbm TO UV. MbYpa, 4B035,(IM) 3818 T4878198.ZFX VOL 4-8 QASE 53 3.0 Acres, Samuel Davidson Leacrue Contract Concerning Page Seven 01-06-03 (Address of Properly) 23. TERMINATION OPTION: This paragraph will be a part of this contract ONLY if both blanks are filled in and Buyer has paid the Option Fee. Buyer has paid Seller $ (Option Fee). for the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract. If Buyer gives notice of termination within the time specified, the Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. The Option Fee ❑ will ❑ will not be credited to the Sales Price at closing. For the purposes of this paragraph, time is of the essence; strict compliance with the time for performance stated herein is required. 24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not iiriderstand the effect of this contract, consult an attorney BEFORE signing. Buyer's Seller's Attorney is: Attorney is: Telephone: Telephone: Facsimile: Facsimile: EXECUTED the day of (EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) Buyer Seller Edsel G. cones Buyer Seller The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any spedric transactions. it is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1.800-250-8732 or (512) 459$544 (http://w .trec.state.tx.us) TREC NO. 9-5. This form replaces TREC No. 94. Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 Rrro,xeo h ZpFa m by RE Fam5W LLC leoz5 Fifteen Mile Rose, CInIM To sNp, Mi *ma M. leap) 3 9905 T4878198.ZFX VOL `i8 PAGE 5¢ 3.0 Acres, Samuel Davidson League Contract Concerning Page Eight 01-06-03 (Address of Property) SELLER'S RECEIPT Receipt of $ (Option' Fee) in the form of is acknowledged. Seller Edsel G. Jones Date BROKER INFORMATION AND RATIFICATION OF FEE Listing Broker has agreed to pay Other •Brokerof the total Sales Price when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. Donald W. Jones Other Broker Listing Broker 0313390 (979)696-6600 License No. Telephone License No. Telephone represents Buyer only as Buyer's agent represents ❑ Seller and Buyer as an intermediary ❑ Seller as Listing Broker's subagent xQ Seller only as Seller's agent Associate Telephone Listing Associate Telephone (979)696-3040 310 University Dr. E., CS, TX Broker's Address Listing Associate's Office Address Facsimile Facsimile Selling Associate Telephone Selling Associate's Office Address Facsimile RECEIPT Receipt of ❑ Contract and ❑ $ Earnest Money in the form of is acknowledged. Escrow Agent: University Title Co`: Date: By: Telephone: Address Facsimile: City State Zip Initialed for identification by Buyer and Seller 01A TREC NO. 9-5 P,oEUCMw ZJPF.- by RE F..NN. UC 1=5MCMHl Ro , G1".T~.$KP, MiUW~.(CCC)~ M5 T4878198.ZFX VOL `J~ SAGE ~5_ I V i A p Ln co m ~~GST '~39~ p .O T N ~ . qC, J -4 0 Cf) m a U)m N r S'r r g o Qt / co M z (WO Z i T ~ 'v 10 T q< 47 Tp py 69y ~Fy I. s qpr is T W J N \ w z y ~i O mm ;Q . S2 n D '9C e ~2 C) 492 m 43 151 . . i CO qc VOL PAGE 57 JOINT RESOLUTION ESTABLISHING AN INTERJURISDICMONAL EMERGENCY MANAGEMENT PROGRAM Number WHEREAS, the cities of Bryan, College Station, Kurten, and Wixon Valley, and by City Ordinance Numbers 621. 1585. 108, and _I i , respectfully and Brazos County by Commissioners, . Court Order dated October 8, 1984, and March 30. 1987, have established similar programs of comprehensive emergency management which includes the mitigation, preparedness, response and recovery phases of emergency management; and WHEREAS, the Cities and County find that vulnerability to many potential hazards is shared by residents of Bryan, College Station, Kurten, and Woton Valley, and the unincorporated portions of Brazos County; and WHEREAS, the Cities and County further finds that the common goal of emergency management can best be achieved through an organization which shares the combined resources of the Cities and County; and WHEREAS, the contemplated actions is specifically authorized by the aforementioned Ordinances and Court Order, THEREFORE, BE IT RESOLVED that there is hereby established the Brazos County Emergency Management organization, which shall consist of the officers and employees of the Cities and County as designated in an interjurisdictional emergency management plan, together with such organized volunteer groups as that plan may specify; and BE IT FUTHER RESOLVED that the Mayors of Bryan, College Station, Kurten, and Wixon Valley and the Brazos County Judge shall mutually appoint an Emergency Management Coordinator to coordinate all aspects of the Bryan, College Station, Wixon Valley and Kurten and Brazos County program of comprehensive emergency management, including the preparation and maintenance of an interjurisdictional emergency management plan for Bryan, College Station, Kurten, and Wixon Valley and Brazos County in accordance with this resolution. RESOLVED this the (indicated) day of (Y1ARL I l' 7 2003. Date: County Judg ounty County Clerk, Brazos County Date: Mayor, City of Bryan City Secretary, Bryan Date: Mayor, City of College tation City Secretary, College Station / tom,.--- Date: 3(2 ~ 03 ayor, of Kurten City Secretary, Kurten Date: Mayor, City of Wixon Valley City Secretary, Wixon Valley l of 48 l=4rE 58 -T INDIGENT HEALTH CARE CONTRACT This Contract is Subiect to Arbitration Under the Texas General Arbitration Act This Contract is entered into by and between BRAZOS COUNTY acting by and through its duly elected Board (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Contract is to outline the responsibilities ofweach of the parties in the operation of the Indigent Health Care and Treatment Act, created by House Bill 1398 during the Special Session of the 76thTexas State Legislature. The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act and the Texas Constitution, the County agrees to provide the financial resources for the mandatory, Inpatient, Outpatient, Physician, Prescription, X-Ray, Laboratory, Rural Health Clinic and Family Planning Services to Eligible household members that meet the requirements of the Act, the Texas Department of Health (TDH) Handbook, and the BVCOG. RATES FOR REIMBURSEMENT The County agrees to join other counties in the region and provide a pro-rata share of funds for the Administration of the County Indigent Health Care (CIHC) Program by BVCOG for the State Dept. of Health, Region 7. The amount payable by BRAZOS COUNTY to BVCOG is $92,693.00 through September 30, 2004. Payment will be made to the BVCOG, quarterly. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG will be responsible for providing the following services pursuant to this Contract: 1. Providing all necessary application forms to potentially Eligible Individuals. 2. Provide intake services in the County at least once a month. 3. Assist applicants in completing all necessary forms. 4. Determine the Eligibility of each applicant with regard to residency and qualifications defined in the Act, including but not limited to Sections 1.01 and 1.04. In this capacity the BVCOG shall also be responsible for mailing all necessary forms and following all procedures defined in the handbook with regard to notifications and appeals on the issue of household eligibility. Page 2 - CIHC Contract Brazos County 5. Maintain this Contract and assist the parties hereto in the operation of the Program. 6. Maintain data files on Clients. 7. Provide information to all parties as needed. 8. Respond to all and any inquires regarding the Program. 9. Assist the County with information needed for Audit purposes. 10. Monitor the Program on a periodic basis to review overall Program management and operation 11. Assist the County with all of its responsibilities under the Act and the Constitution. 12. Perform all other duties and functions necessary to fulfill the requirements as outlined in the Act and TDH Handbook. 13. Review the Eligibility of each household every six (6) months. 14. Prepare and distribute to the Provider no less than once every six (6) months a computer fist of Eligible Residents. 15. Determine Eligibility not later than the fourteenth (14) day after receiving a completed application from an applicant including all necessary documentation and verifications. 16. Receive all Bills submitted by the Provider for payment of Services and review the same to verify that the Services and the patient qualify in all respects. 17. Send all Bills for payment to the County for payment. RESPONSIBILITIES FOR THE COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County funds for the payment of mandated services. 2. Provide County funds for the Administration of the Program to the BVCOG on a quarterly basis. 3. Develop a system for the payment of Indigent Health Care Services bills or incorporate this billing into the County's established system for paying like bills. 4. Provide an audit of the Program as required by State law. 5. Accept ultimate responsibility for payment of services, which may be determined through an audit to have been an Ineligible expense. 6. Provide for and assist with the procurement of and payment for legal services as necessary. 7. Provide for and assist with the procurement of and payment for additional audit services. Vot 4,' PAGE Page 3 - CIHC Contract Brazos County TERM This Contract shall continue in force and effect for a term of one (1) year commencing on the First day of October, 2003 and shall terminate on the Thirtieth day of September, 2004. CONCELLATION This Contract will be canceled automatically should the County become remiss in their. reimbursements to.the-BVCOG-foc-administrative services. This Contract may be canceled by either of the parties hereto upon Sixty (60) days written notice as provided herein. INDEMNTY Any monetary loss suffered by the County from Ineligible Clients, mistake, fraud or other conditions cannot be recovered from the BVCOG. AMENDMENT This Contract shall be automatically amended by the amendments made to the Act by the State Legislature, in all other respects, this Contract may only be amended by the written consent of all the parties hereto. GOVERNING LAW This Contract shall be executed in and shall be governed by the laws of the State of Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Contract. VOL PAGF &.1 Page 4 - CIHC Contract Brazos County SEVERABILITY In the event that any of the provisions or portions of this Contract are held to be unforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof small not be affected thereby. ENTIRE CONTRACT This Contract contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Contract, which are not fully expressed herein. EFFECTIVE the 1$` day of October, 2003. B S C By: dge Randy Sims BRAZOS VALLEY COUNCIL OF GOVERNEMENTS By: Tom Wilkinson Executiv r VOL uS PAGE ~?a_ Page 4 - CIHC Contract Brazos County SEVERABILITY In the event that any of the provisions or portions of this Contract are held to be unforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected thereby. ENTIRE CONTRACT This Contract contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Contract, which'are not fully expressed herein. EFFECTIVE the 1st day of October, 2003. By: C dge Randy Sims BRAZOS VALLEY COUNCIL OF GOVERNEMENTS By- / Tom Wilkinson Executive VOL 4k PAGE (a3 VOL 49 PAGE 4 County: Brazos CSJ: 0917-29-094 Road/Street/Highway- CR 123 15 Digit NBI Structure No.: 17-021-0AA0123-001 Local Designation No.: House Cemetery Road Feature Crossed: Rocky Creek STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridee Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the.Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the County of Brazos acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code Section 144 authorizes federal fiords to assist the States in the replacement or rehabilitation of deficient bridges located on public highways, roads and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Rocky Creek on CR 123, local designation House Cemetery Road and said bridge(s) is included in the. currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 109335. dated number July 2003: and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Bridge AFA Page 1 - 15 Bridge Division Rev 624/03 10-2002-L.1 VOL 4 PAGE ~ AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties: Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. 6. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Bridge AFA Page 2 - 15 Bridge Division Rev 6124/03 10-2002-L.1 VOL 49 PAGE loo 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public hearings required for development of the enviromuental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA 'All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas civil statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). .10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of say required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Bridge AFA Page 3-15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL U8 PAGE ~7 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a (`Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement.. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of fiords estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State, shall notify the Local Bridge AFA Page 4 - 15 Bridge Division Rcv 6124103 10-2002-L.1 VOL 4~ PAGE Goverment in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any fiords due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision ofJiis Agreement. j. If the Project has been approved for a "fixed price" di an "incremental payment! funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment-schedule, k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N~ dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funnding has been made available by the Local Government in accordance with this Agreement in. The state auditor may conduct an audit or investigation of any entity receiving fiords from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of fiords directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 14. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPS) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. Bridge AFA Page 5 - 15 Bridge Division Rev 6/24/03 10-2002-L_1 VOL 48 PAGE b9 b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the P WP in total and local match fiord participation being waived, or partially waived c. Credit Against EMT Work. Any local match fiord participation that has already been paid, or which the Local Goverment is agreeable to paying to the State, will be credited against EMT work to be performed by the Local Goverment If applicable, this credit(s) will be reflected in Attachment D to this Agreement. d Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicablAtate and federal environmental regulations and permitting requirements. (2) The structural or safety improvement work on the ENT(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the'structi ral or safety improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the MAP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived Regardless of any waiver of eligible program costs, the Local Goverment shall pay the State 100 percent of the cost of any P WP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Robert A. Appleton, P.E. Bryan Director of Transportation Planning and Development 1300 North Texas Avenue Bryan, Texas 77803-2760 Bridge AFA Page 6 - 15 Bridge Division Rev 524103 10-2002-L.1 Vo 4~ PAGE 70 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal fiords, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Yjtle 49 CFR § 18.36 and with the property management standard established in Title 49 CFR § 18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration 9 7HWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved Additionally, the State, the Local Govemment, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. Bridge AFA Page 8 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 0 PAGE '71 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal fiords and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated fiords have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any.federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement b. if any funds other than federal appropriated fiords have been paid or will be paid to any person for, influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Bridge AFA Page 9 - 15 Bridge Division Rev 6/24/03 10.2002-L.1 VOL 48 PAGE r)a 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Local Government Restrictions In the case that the local government has an existing, futuie or proposed local ordinance commissioners court order, rule policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Bridge AFA Page 10 - 15 Bridge Division Rt 6124/03 10-2002-L.1 VOL 48 PAGE 73 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By. Signature Randy Sims Printed Name of Signatory Title: Brazos County Judge Date: 14 ~!-i -r'bec aan3 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Mary Lou Ralls, P.E. Director, Bridge Division Date: Bridge AFA Page 11 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 42 PAGE °7 r{ ATTACffi1ENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNIvE PT `a Bridge AFA Page 12 - 15 Bridge Division Rev 6/24/03 10.2002-L.1 VOL'-F$ PAGE 75 ATTACHMENT B PROJECT LOCATION MAP A Bridge AFA Page 13 - 15 Bridge Division Rev 6124/03 10.2002-L.1 VOL_4S PAGE -JLo County: Brazos CSJ: 0917-29-094 Road/Street/Highway: CR 123 Feature Crossed: Rocky Creek 15 Digit NBI Structure No.: 17-021-OAA0123-001 Local Designation No.: House Cemetery Road ATTAC RENT C (See Note LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECT(S) (EMP) Location (and structure On School Historic Description of Structural Estimated Cost identification number, Bus Route? Bridge? or Safety Improvement if applicable) es/No es/No Work CR116(WheelockHall) yes no bridge replacement $100,525 Bee Creek Total $100,525 EMI) work credited to this PWP See Note = $19,313 Balance of EMP work credited to associated PVT(s) $0 Associated PWP s Control-Section-Job Amount to be Credited to Associated PWP s Note This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note**: This attachment not applicable for non-Participation-Waived Projects (P)WP) Bridge AFA Page 14 - 15 Bridge Division Rev 6/24/03 VOL 4 PAGE 17 10-2002-L.1 County: Brazos CSJ: 0917-29-094 Road/Streebliighway: CR 123 Feature Crossed: Rocky Creek 15 Digit NBI Structure No.: 17-021-OAA0123-001 Local Designation No.: House Cemetery Road ATTACHMENT D., ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Parti cipation Preliminary Engineering (PE) (1) $50,000 Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation (3) $5,000 Construction $125.000 Engineering and Contingency (E&C) $18,125 The Sum of Construction and E&C (2) $143.125 Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $14,313 Amount of Advance Funds Paid by Local Government ' (5). ( 0) Amount of Advance Finds to be Paid by Local Government * (6) ( $19,313 ) Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+4-5-6 $0 Total Project Direct Cost (1+2) $193,125 • Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as $19,313 Shown on Attachment C. Bridge AFA Page 15 - 15 Bridge Division Rev 6/24/03 10-2002-L.I VOL 4k PAGE County: Brazos CSJ: 0917-29-095 Road/Street/Highway. CR 140 15 Digit NBI Structure No.: 17-021-OAA0140- Local Designation No.: Wilcox Lane Feature Crossed: Wickson Creek STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridee Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the County of Brazos, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the States in the replacement or rehabilitation of deficient bridges located on public highways, roads and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Rocky Creek on CR 140, local designation Wilcox Lane and said bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 109335, dated number July 2003; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Bridge AFA Page 1 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 0 PAGE 91 r AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed This Agreement shall remain in effect until terminated as provided in Article 2. 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed, in which case the Local Goverment agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs insured for the project. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. 6. Right of Way and Real Property The Local Goverment is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Goverment authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Bridge AFA Page 2 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 0 PAGE 9'a 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. 8. Environmental Assessment and Mitigation Development of the Project must comply with the-National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Bridge AFA Page 3 - 15 Bridge Division Rev 6124/03 10-2002-L.1 VOL q+ PAGE 2 1 f 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. Upon completion of the Project, the State will issue a "Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engincering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Bridge AFA Page 4 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL q8' PAGE `da Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of,the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement j. If the Project has been approved for a "fixed price" or an `Sncrelnental payment" non- standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that maybe applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N/A. dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. in. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 14. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s) (EMT). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. Bridge AFA Page 5 - 15 Bridge Division Rev 6124103 10-2002-L.1 uol_ 48 PAGE_83.. b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PAT in total and local match fund participation being waived, or partially waived. c. Credit Against EMI' Work. Any local match fund participation that has already been paid, or which the local Government is agreeable to paying to the State, will be credited against END work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. d. Responsibilities of the Local Government on EMP(s). (1) . The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with,all applicable state and federal environmental regulations and permitting requirements. (2) The structural or safety improvement work on the EMT(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural or safety improvement work completed on the ENT(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the ENT(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Robert A. Appleton, P.E. Bryan Director of Transportation Planning and Development 1300 North Texas Avenue Bryan, Texas 77803-2760 Bridge AFA Page 6 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 4$ PAGE 84 Local Government: Honorable Randy Sims Brazos County Judge 300 East 26th St. Bryan, TX 77803 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 16. Legal Constriction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall fimrish the State with satisfactory proof of this compliance. 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. Bridge AFA Page 7 - 15 Bridge Division Rev 6124/03 10-2002-L.1 VOL 4$ PAGE 95 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard establishedb in Title 49CFR § 18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. Bridge AFA Page 8 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 110L q-P PAGE &o 27. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). . 28. Lobbying Certification in executing this Agreement, the signatories certify to the best of his or her knowledge and belief; that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. ' c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. . Bridge AFA Page 9 - 15 Bridge Division Rev 6124/03 10-2002-L.1 VOL 4 $ PAGE 97 29. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Local Government Restrictions In the case that the local government has an existing, future or proposed local ordinance commissioners court order, rule policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Bridge AFA Page 10 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 'trjl_ 0' anrc 21~ IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in - duplicate counterparts. THE LOCAL GOVERNMENT By Signature Randy Sims Printed Name of Signatory Title: Brazos County Judge Date: K o 5QAn n.bcr 0-ax 3 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Mary Lou Ralls, P.E. Director, Bridge Division Date: Bridge AFA Page 11 - 15 Bridge Division Rev 6124/03 10-2002-L.I VOL St PAGE g`7 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Bridge AFA Page 12 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 4' PAGE 90 ATTACHMENT B PROJECT LOCATION MAP Bridge AFA Page 13 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL W PAGE `PI County: Brazos CSJ: 0917-29-095 Road/Street/Highway: CR 140 Feature Crossed: Wickson Creek 15 Digit NBI Structure No.: 17-021-OAA0140-001 Local Designation No.: Wilcox Lane ATTACHMENT C (See Note LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECT(S) (END) Location (and structure On School Historic Description of Structural Estimated Cost identification number, Bus Route? Bridge? or Safety Improvement ifapplicable) es/No es/No Work CR 139 (Dilly Shaw Tap yes no bridge replacement $76,825 Road Mathis Creek Total $76,825 ENP work credited to this PWP See Note * $19,313 Balance of ENO work credited to associated PWP(s)... $0 Associated PWP s Control-Section-Job (CSJ) Amount to be Credited to Associated PWP s Note This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note**: This attachment not applicable for non-Participation-Waived Projects (PWP) Bridge AFA Page 14 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 VOL 49 -PAGE 7A County: Brazos CSJ: 0917-29-095 Road/Street/Highway CR 140 Feature Crossed: Wickson Creek 15 Digit NBI Structure No.: 17-021-OAA0140-001 Local Designation No.: Wilcox Lane ATTACHMENT 1) ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE) (1) $50,000 Ten (10) Percent or EDC Adjusted Percent of PE for Local Government participation (3) $5,000 Construction $125.000 Engineering and Contingency (E&C) $18,125 The Sum of Construction and E&C (2) $143.125 Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&c for Local Government Participation (4) $14,313 Amount of Advance Funds Paid by Local Government * (5) ( 0) Amount of Advance Funds to be Paid by Local Government * (6) ( $19,313 ) Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+45-6) $0 Total Project Direct Cost (1+2) $193.125 * Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of ENV Work Being Credited to this PWP as $19,313 Shown on Attachment C. Bridge AFA Page 15 - 15 Bridge Division Rev 6/24/03 10-2002-L.1 U01 49 PME `-3 ~ lz r - ri i, „~s y~ ranr~c !/f