HomeMy WebLinkAbout2015-11-17 10:00AM REGULAR MEETINGI
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON NOVEMBER 17, 2015 AT
10:00 AM IN THE COMMISSIONERS COURTROOM OF THE
COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS
AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Wassermann
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 - 27:
3. Appointment of William Chad Elkins as a non -paid reserve deputy for Constable Precinct 3 office
4. Consider and take action on the inclusion of Rock Prairie Behavioral Health Hospital in the LPPF.
5. Approval of Non Profit Organization application for Brazos County Inmate Work Crew Labor for the
December 2015 Radio M*A*S*H Organization.
B. Consider and take action on acceptance of the Road and Bridge 2016 Holiday Schedule option which is
equivalent to the standard. approved (88 -hour) 2016 County Holiday Schedule.
7, Request from Constable Pct #3 for the following Capital Improvement Items in the amount of $3,32
• Vest - $762
• Taser - $1.063
• Body Camera - $1.500
8. Request from the Brazos Center to purchase uniform shirts for designated staff members.
g. Request approval of Uniform Policy and permission to purchase uniforms from Monograms & More for
County Attorney investigators.
Vol. '2"/ k Ing. 1&'6
10. Consider and take action ona Chapter 381 Economic Development Agreement with Adam Development
Properties, LP.
1. Discuss and take possible action on renewal of contract with Nueces County for juvenile residential
services.
12. Discuss and take possible action on an addendum to an existing contract with Rite of Passage. Inc. for
juvenile residential services to include the additional site of Lake Granbury Youth Services Center.
13.
• Create Supplement Pay for GIS/Modeler Class Code 2004 Position 1 Pay Rate from $2.316.80 to
$2,862.60.
14. Approval of exemption of professional services contract with Steve Lovettpursuant to Local
Govemment Code 262.024(a)(4).
15. Approval of the attached contract with Steve Lovett for miscellaneous appraisal work for Road and
Bridge.
16. Permission to advertise bid # 2016-139 Network Cabling Parts.
17. Change order to purchase order # 16000882 to Building Abatement Demolition not to exceed $75.000
for unit orice abatement that was included in original pricing Proposal but not accounted for on
purchase order.
18. Request permission to enter private property (use of private driveway) for access to Site 6 Dam for
maintenance or emergency procedures.
1 g, Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XV (15); Lots 1-2 Block
26; 5.030 Acres; J M Barrera Survey A-69; (College Station ETJ) Brazos County Texas Site is located
in Precinct 1.
20. Consider and take action on the Final Plat of Duck Haven Subdivision Phase Seven:12.047 Acres; Lots
1-10, Block 8• B McGregor Survey A-170• City of College Station ETJ• Brazos County Texas Site is
located in Precinct 1.
21. Request permission to enter private property owned by Michael L. Gustafson located on Sulphur
public. Site is located in Precinct 2.
22. Approval of Treasurer's Report for September and Quarter Ending 9130115.
23. Budget Amendments.
Budget Amendments FY 14115 58.1 - 58.2
Budget Amendments FY 15116 8.1 - 8.8
24. Personnel Change of Status.
Personnel Action Fonns
25. Payment of Claims.
26. Convene into the following Executive Sessions:
a. Executive Session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
b. Executive Session pursuant to Texas Government code 551.072 to discuss real
property.
Vol. cp Pg. -�) �/
27. Consider and possible action on executive sessions.
28, Acknowledgement of the submission of the FY 2015 Chapter 59 Asset Forfeiture Reoort for the County
Attorney's Office.
29, Acknowledgement of the submission of the FY 2015 Chapter 59 Asset Forfeiture Report for Constable
Pct. 3.
30. Sheriffs report on inmate population.
31. Announcement of interest items and possible future agenda topics.
32. Call for Citizen input and/or concerns.
33. Adjourn.
vol.
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items andlor attend and make comment
at the Commission meeting, Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 51.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special andlor Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, andlor addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired andlor who do not conduct themselves
in an cheery and appropriate manner will be ordered to leave the meeting, Refusal to abide by the Court's Order andlor
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to Insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court. or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court andlor any person In the Court's presence
and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speakers time;
2, removal from the Commissioners Court;
3. a Contempt Citation, andlor
4. such other andlor criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public, To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge andlor Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551,042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in pad or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available, Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 3614102.
Vol. T pg. �23
BRAZOS COUNTY
BRYANJEXAS
MINUTES
November 17, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
M Signature Page.0
ILS File Stamped Agenda.pdf
G_ Sign in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the
Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, November 17,
2015 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4,
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and/or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 27:
Appointment of William Chad Elkins as a non -paid reserve deputy for Constable, Precinct 3
office.
G Item 3.odf
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
4. Consider and take action on the inclusion of Rock Prairie Behavioral Health Hospital in the
LPPF.
0 Item 4.odf
Judge Peters stated that it is a requirement to include Rock Prairie Behavioral Health Hospital
in the Local Provider Participation Fund (LPPF).
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
5. Approval of Non -Profit Organization application for Brazos County Inmate Work Crew Labor for
the December 2015 Radio M`A`S'H Organization.
1?� Item 5.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
6. Consider and take action on acceptance of the Road and Bridge 2016 Holiday Schedule option
which is equivalent to the standard approved (88 -hour) 2016 County Holiday Schedule.
0 Item 6.)d
A copy of the holiday schedule for Road & Bridge employees is attached.
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Request from Constable Pct. #3 for the following Capital Improvement Items in the amount of
$3,325.
• Vest - $762
. Taser-$1,063
• Body Camera - $1,500
IU Item 7.odf
Judge Peters mentioned that an additional position was added in the budget to cover the
truancy cases, but the capital items were not included at that time.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma
Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Request from the Brazos Center to purchase uniform shirts for designated staff members.
e Item 8.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Request approval of Uniform Policy and permission to purchase uniforms from Monograms &
Vol.� (f pg. =--2---
More for County Attorney investigators.
IM--- Item 9.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. Consider and take action on a Chapter 381
Development Properties, LP.
S Item 10.od1
0- Abstention Affdavit.pdf
Economic Development Agreement with Adam
At this point the County Judge announced that the Court would skip to item 11 and would
return to Item 10 after the Executive Session.
At the conclusion of Executive Session (a) and on motion from Commissioner Catalena,
seconded by Commissioner Wassermann, the Court voted to approve the agreement with a
correction added to page 14.
Judge Peters abstained from participating in the vote.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed, 4-0. Members voting Aye: Catalena , Cauley , Mallard ,
Wassermann . Members voting Abstain: Peters .
11. Discuss and take possible action on renewal of contract with Nueces County for juvenile
residential services.
lCt Item 11.odf
A copy of the renewal of contract is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
12. Discuss and take possible action on an addendum to an existing contract with Rite of Passage,
Inc. for juvenile residential services to include the additional site of Lake Granbury Youth
Services Center.
Alt Item 12.pdf
A copy of the addendum to contract is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane
Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
13. Request from Metropolitan Planning Organization (MPO) for the following personnel changes
effective November 16, 2015 through February 26, 2016. This will have an increase to the FY
2016 MPO budget in the amount of $4,729.00.
Create Supplement Pay for GIS/Modeler, Class Code 2004 Position 1, Pay Rate from
$2,316.80 to $2,862.60.
Ift Item 13.odf
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Vol. �' pg.O2 ��
14. Approval of exemption of professional services contract with Steve Lovett, pursuant to Local
Government Code 262.024(a)(4).
I�) Item 14.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
15. Approval of the attached contract with Steve Lovett for miscellaneous appraisal work for Road
and Bridge.
IL_ Item 15.odf
A copy of the contract is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
16. Permission to advertise bid # 2016-139, Network Cabling Parts.
11'-� Item 16.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
17. Change order to purchase order # 16000882 to Building Abatement Demolition not to exceed
$75,000 for unit price abatement that was included in original pricing proposal but not
accounted for on purchase order.
ti Item 17.odf
A copy of the change order is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
18. Request permission to enter private property (use of private driveway) for access to Site 6 Dam
for maintenance or emergency procedures.
LS Item 18.0f
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
19. Consider and take action on the Final Plat of Indian Lakes Subdivision, Phase XV (15); Lots 1-
2, Block 26, 5.030 Acres, J.M. Barrera Survey, A-69; (College Station ETJ) Brazos County,
Texas. Site is located in Precinct 1.
Judge Peters offered a motion to table Item 19. The motion was seconded by Commissioner
Catalena and passed unanimously.
Motion: Table , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
20. Consider and take action on the Final Plat of Duck Haven Subdivision Phase Seven,12.047
Acres; Lots 1-10, Block 8; B. McGregor Survey, A-170; City of College Station ETJ; Brazos
County, Texas. Site is located in Precinct 1.
�a Item 20.1)df
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Sammy Catalena. Passed, 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
E01.
'2,?' pg. ,,-)�
Wassermann.
21. Request permission to enter private property owned by Michael L. Gustafson
located on Sulphur Springs Road for the purpose removing trees near the right of way line that
are in jeopardy of falling onto the county roadway. This work is being done for the health,
safety and welfare of the general public. Site is located in Precinct 2.
Item 21.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
22. Approval of Treasurer's Report for September and Quarter Ending 9/30/15.
IM Item 22.12df
The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's
report for September 2015. A copy is attached and made a part of these minutes.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane
Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
23. Budget Amendments.
Budget Amendments FY 14/15 58.1 - 58.2
LL -y-- Item 23 - FY 14 15 Amendments.pdf
58.1 Transfer of funds from General Fund Contingency to Health Department - Support
58.2 Reallocate funds for General Capital Improvements - Facility Services.
Budget Amendments FY 15116 8.1 - 8.8
IM Item 23 - FY 15 16 Amendments.odf
8.1 Reallocate funds for Fleet Maintenance.
8.2 Reallocate funds for General Capital Improvements - Constable, Precinct 4.
8.3 Reallocate funds for General Capital Improvements - Sheriffs Office.
8.4 Reallocate funds for General Capital Improvements - Jail.
8.5 Reallocate funds for HOT Fund.
8.6 Reallocate funds for General Capital Improvements - Road and Bridge.
8.7 Reallocate funds for General Capital Improvements - Constable, Precinct 3.
8.8 Reallocate funds for District Attorney - Administration.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters,
Wassermann .
24. Personnel Change of Status.
Personnel Action Forms
On Item 24.pdf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
25. Payment of Claims.
0 BILL LIST 11.17.15.pdf
LFA Claims Sheet.pdf
7138803-7139047
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
26. Convene into the following Executive Sessions:
a. Executive Session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
b. Executive Session pursuant to Texas Government code 551.072 to discuss real
property.
-- Abstention Affdavit.pdf
Having considered agenda items 28 through 32, at 10:19 a.m. the County Judge stated that the
Court would convene into Executive Session.
The following individuals were asked to attend Executive Session a:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Katie Butler, County Auditor
Kevin Russell, City of Bryan
Lindsey Guindi, City of Bryan
Marcos Rosales, Adam Corporation
Bonner Cooper, Adam Corporation
Lisa Johns, Adam Corporation Consultant
Judge Peters abstained from participating in session a.
The following individuals were asked to attend Executive Session b:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Katie Butler, County Auditor
27. Consider and possible action on executive sessions.
At 10:44 a.m. Commissioner Catalena announced the meeting open to the public and that the
Court would return to Item 10.
After voting on Item 10, Commissioner Catalena announced at 10:45 a.m. the meeting closed
to the public and the Court would reconvene into Executive Session b.
At 11:12 a.m. Judge Peters announced the meeting open to the public and that no action would
be taken on Executive Session b.
28. Acknowledgement of the submission of the FY 2015 Chapter 59 Asset Forfeiture Report for the
County Attorney's Office.
R-� Item 28.od1
The Court acknowledged receipt of the FY 2015 Chapter 69 Asset Forfeiture Report for the
County Attorney's Office.
29. Acknowledgement of the submission of the FY 2015 Chapter 59 Asset Forfeiture Report for
Constable, Pct. 3.
IM herr 29.odf
The Court acknowledged receipt of the FY 2015 Chapter 69 Asset Forfeiture Report for the
Constable, Precinct 3.
30. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 584 inmates in jail, 72 have electronic monitors and 16 are
pending for monitors.
Sheriff Kirk also reported that there was a bad traffic accident this morning in the south part of
the county.
31. Announcement of interest items and possible future agenda topics.
Judge Peters announced that he attended a meeting at the Brazos Valley Council of
Governments regarding the plans for a Medical Examiner, Judge Peters stated that this is an
expensive project and they are considering asking Texas A&M University to participate in
sharing the expense. Judge Peters also mention asking other counties to participate because
it would not be possible for Brazos County to do this alone.
Commissioner Cauley suggested asking Blinn College to participate as well
Judge Peters stated that Congress has approved the designation of future Interstate 14 to run
through Brazos County.
Commissioner Catalena thanked everyone who helped with the annual Thanksgiving
luncheon.
32. Call for Citizen input and/or concerns.
There was no citizen's input.
33. Adjourn.
The foregoing minutes of the Commissioners Court meeting held November 17, 20t5
have been examined and are approved in open Court this qt day of
15, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
vSammy alena
Commi loner, Precinct 2
Commissioner, Precinct 4
Attest:
C•�1-
Karen cQueen
Coiner
Lloyd Wassermarm
Commissioner, Precinct 1
KennyMallard
Commissioner, Precinct 3
F/01Pg, 7/
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Brazos County Attorney's Office
Uniform Policy
Adopted: November 6, 2015
The purpose of this policy is to provide paid law enforcement personnel with
guidelines for the proper use and care of uniforms.
I Zl) 0 con
It is the policy of the Brazos County Attorney's Office to maximize officer safety
through the use of standardized uniform attire, identifying sworn and
commissioned paid Investigators by their title and insignia of this office. With the
changes in state law permitting the open carry of handguns by civilians, it is
important for the safety of Investigators that they be attired in a way that readily
identifies them to civilians and other law enforcement officers as Investigators
with the Brazos County Attorney's Office.
DEFINITIONS
Field Activities: Duty assignments and/or tasks that place or could reasonably be
expected to place Investigators in situations where they would be required to act
in enforcement rather than administrative or support capacities.
Investigator: Paid and commissioned law enforcement personnel of the Brazos
County Attorney's Office.
Uniforms: Long and short sleeve solid colored shirts and outerwear, embroidered
with the name, insignia, badge or patch of this office, along with the title of
Investigator, readily identifying the individual as a peace officer.
PROCEDURES:
A. Issuance of Uniforms
All issued uniforms must identify the Investigator by title and embroidered
badge, insignia or name of this office.
All investigators shall be issued agency -approved uniform shirts.
Uniforms that are wom or damaged shall be replaced by the agency.
Uniforms that must be replaced due to misuse or abuse by an Investigator
shall be paid by the Investigator.
B. Use of Uniforms
Investigators shall wear only agency -approved uniforms.
FVol. a pg, �%��
Investigators are required to wear uniform shirts while engaged in field
activities both on duty and during off-duty assignments unless exempt as
follows:
a. When formal attire consisting of coat and tie is deemed more
appropriate, such as when testifying in court.
b. When the Investigator is involved in undercover or plain clothes work
that his/her supervisor determines could be compromised by wearing a
uniform;
c. When the Investigator is involved in non -enforcement duties, or
d. When the County Attorney's Office determines that circumstances
make it inappropriate to mandate wearing a uniform.
C. Inspections of Uniforms
Supervisors shall be responsible for ensuring that uniforms are worn and
maintained as required by this policy through routine observation and
periodic documented inspections.
Annual inspections of uniforms shall be conducted for fit, cleanliness,
signs of damage, abuse and wear.
D. Care, Maintenance and Replacement of Uniforms
All personnel shall routinely inspect issued personal uniforms for signs of
damage and for general cleanliness.
Each Investigator shall be responsible for cleaning personal uniforms in
accordance with the manufacturer's instructions,
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CHAPTER 381 ECONOMIC
DEVELOPMENT INCENTIVE AGREEMENT
This Chapter 381 Economic Development Incentive Agreement (this "Agreement")
is entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the
State of (hereinafter referred to as "County"), and the Adam Development Properties,
L.P., a Texas Limited Partnership (hereinafter referred to as "Developer'). The County
and Developer may also be referred to collectively as the "Parties" or individually as a
"Party."
RECITALS
WHEREAS, the County is authorized under Chapter 381 of the Texas Local
Government Code to offer certain economic development incentives for public purposes,
including the promotion of local economic development and the stimulation of business
and commercial activity within the County, including fulfilling a critical need for high-quality
residential housing within the County; and
WHEREAS, County actively seeks economic development prospects in Bryan
through participation in and establishment of an economic development program; and
WHEREAS, County desires to stimulate business, increase the County's tax base
and create new jobs for its citizens; and
WHEREAS, Developer owns a certain 409 acres of land within the County, more
particularly described by metes and bounds and a boundary survey attached hereto as
Exhibit "A" ( the "Property"); and
WHEREAS, Developer plans to construct or cause to be constructed on the
Property (as defined in Article 1) the Oakmont Development, a mixed-use planned
development project which comprises primarily single-family residences and may also
include commercial, retail, office and multi -family residential uses; and
WHEREAS, Developer shall construct certain public water, sewer, drainage and
streets within the Oakmont Development necessary to develop the Project, as defined in
Article 1, and shall convey the public infrastructure to the City of Bryan; and
WHEREAS, the County finds the Project and the construction of the Real Property
Improvements, as defined in Article I, will provide a valuable catalyst for development in
the County and increased tax revenues to the County; and
WHEREAS, in consideration of the execution of the Project in accordance with the
performance measures set forth herein, County agrees to use available revenues
calculated based on the increase in ad valorem taxes generated from the Project to grant
to Developer cash incentives ( the "Chapter 381 Payments") as set out herein; and
WHEREAS, to ensure that the benefits County provides under this Agreement are
utilized in a manner consistent with TEXAS LOCAL GOVERNMENT CODE, Chapter 381
Chapter 381 Economic Development Agreement Adam Development Properties, L.P. Page 1
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and other law, Developer agrees to comply with certain conditions for receiving those
benefits, including conditions relating to property development.
NOW, THEREFORE, for the reasons stated in these Recitals and in consideration
of the mutual benefits to and promises of the Parties set forth below, the Parties are
entering into this Agreement and agree to the terms and conditions set forth in this
Agreement.
ARTICLE I
DEFINITIONS
Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
"Ad Valorem Tax Revenues" means the amount of Real Property Taxes
collected by the County on the Property, a portion of which will be repaid to Developer in
the form of Chapter 381 Payments.
"Affiliate" means any person or entity which directly or indirectly controls, is
controlled by or is under common control with Developer, during the term of such control.
A person or entity will be deemed to be "controlled" by any other person) or entity if such
other person or entity (a) possesses, directly or indirectly, power to direct or cause the
direction of the management of such person or entity whether by contract or otherwise,
(b) has direct or indirect ownership of at least fifty percent (50%) of the voting power of
all outstanding shares entitled to vote at a general election of directors of the person or
entity or (c) has direct or indirect ownership of at least fifty percent (50%) of the equity
interests in the entity.
"Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's
existence as a going business, insolvency, appointment of receiver for any portion of the
Property owned by Developer or a material part of a Party's property and such
appointment is not terminated within ninety (90) days after such appointment is initially
made, any general assignment for the benefit of creditors, the filing of a voluntary petition
for bankruptcy protection by a Party, or the commencement of an involuntary bankruptcy
proceeding against such Party, and such proceeding is not dismissed within ninety (90)
days after the filing thereof.
"Base Year Taxable Value" shall mean the Taxable Value of the Property as of
January 1, of 2015.
"Chapter 381 Payment(s)" or "Cash Incentives" shall mean that amount paid
as a grant under Texas Local Government Code, Chapter 381, by County to Developer
in an amount equal to 100 percent of Maintenance and Operations Rate portion of the
Real Property Taxes collected and attributable to the Incremental Taxable Value in the
calendar year immediately preceding the year in which a Chapter 381 Payment is
requested plus 100 percent of rollback taxes assessed and collected by County on the
Property. Such amount shall be calculated based upon the Incremental Taxable Value
for each year of the Agreement, unless otherwise provided herein.
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"City" means the City of Bryan, Texas.
"City Chapter 380 Agreement" means the economic development agreement
between Developer and City that was conditionally approved by the Bryan City Council
at its November 10, 2015 meeting, a copy of which is attached as Exhibit "C".
"Commencement of Construction" means that: (i) the plans have been
prepared and all approvals thereof required by applicable governmental authorities have
been obtained for construction of the Project or the applicable phase of the Project; (ii) all
necessary permits for the construction of the Project or for the applicable phase of the
Project, pursuant to the respective plans therefor have been issued by all applicable
governmental authorities; and (iii) grading of the applicable portion of the Property and
for construction of the respective phase of the Project.
"Completion of Construction" or "Complete Construction" shall mean that: (i)
the construction of the respective infrastructure, the Subdivision Improvements, and/or
the Phase 1 University Drive Public Improvements, as the case may be, has been
substantially completed; and (ii) the City Engineer has accepted the respective
infrastructure, as the case may be.
"Developer" shall mean the Adam Development Properties, LP, a Texas Limited
Partnership and its Affiliates.
"Effective Date" shall mean the date that both of the following conditions have
been met: (1) this Agreement is fully executed by both the County and Developer and (2)
the Developer and the City of Bryan have entered into an Economic Development
Agreement for development of the Property (as defined below) pursuant to Chapter 380
of the Texas Local Government Code.
"End -User" shall mean any person or entity to whom all or a portion of the
Property is sold or transferred by Developer.
"Expiration Date" means the earlier to occur of (i) the date the Chapter 381
Payment is received from the County in the year following 12 years after the First Year of
Cash Incentives or (ii) 5 years from the Effective Date of this Agreement, if at that time,
the Developer has not completed and/or the City Engineer has not accepted the Phase 1
University Drive Public Improvements; or (iii) the 31st day of December in the twentieth
year following the Effective date of this Agreement; or (iv) the total amount of Chapter
381 Payments received by Developer has reached the Maximum Payment Amount, as
defined herein. In recognition of the fact that the Chapter 381 Payments by necessity are
calculated and paid after taxes have been assessed and paid to the City, and therefore
always run in arrears, the term of this Agreement shall be deemed to be extended for the
time necessary to make any payments otherwise due and payable to Developer which
extend beyond the original term of the Agreement.
"Facility" shall mean a building or structure erected on the Property.
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"First Year of Cash Incentive(s)" shall mean the first calendar year following the
calendar year in which the Incremental Taxable Value of the Property is at least
$5,000,000.00.
"Force Majeure" shall mean any contingency or cause beyond the reasonable
control of a Party including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, adverse weather, government or de facto governmental
action (unless caused by acts or omissions of such Party), fires, explosions or floods,
strikes, slowdowns or work stoppages.
"Improvements" shall mean the construction of the Subdivision Improvements,
Residential Improvements, and new Facilities on the Property and other ancillary facilities
such as required parking and landscaping more fully described in the submittals filed with
City and County, from time to time, in order to obtain a building permit(s). Improvements
may include future retail and general commercial and office uses as determined by the
City Council through the rezoning process.
"Incremental Taxable Value" means the Taxable Value for the Property as of
January 1 st of a given year less the Base Year Taxable Value.
"Maintenance and Operations Rate" means the component of the adopted tax
rate of a taxing unit that will impose the amount of taxes needed to fund maintenance and
operation expenditures of the unit for the following year.
"Maximum Payment Amount" means the total, not to exceed amount of cash
incentives which may be paid to Developer by County as a Chapter 381 Payment during
the term of this Agreement, which amount shall not exceed $5,150,000.00.
"Payment Request" means a written request from Developer to the County for
payment of the annual Cash Incentive accompanied by a report of all property ID numbers
for each record owner of a lot, parcel or Facility located on the Property.
"Personal Property" shall have the meaning ascribed to it in Section 1.04 of the
Texas Tax Code, as amended.
"Phase 1 of the Project" shall mean the development on the Property of at least
sixty (60) single-family residential lots and all associated infrastructure and landscaping.
The lots will be a minimum of 5,000 square feet. The main entrance to Phase 1 of the
Project will be located off of the University Drive extension, as approximately shown on
Exhibit "B".
"Phase 1 University Drive Public Improvements" means the construction of
that portion of the roadway extension of University Drive, as a major arterial thoroughfare,
from its existing terminus at the intersection of University Drive and FM 158 in Bryan,
Texas and extending to the entrance of the Oakmont Development as approximately
shown on Exhibit "B", and including, at full build -out four lanes, concrete curb and gutters,
medians, landscaping, sidewalks, lights, stormwater improvements, requisite traffic
control improvements, markings and other customary roadway improvements required to
be constructed in accordance with the City of Bryan ordinances, City of Bryan Engineering
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standards, specifications, and Infrastructure Design Manual, and the approved plans. It
is understood and agreed that the initial build -out contemplated for the Phase 1 University
Drive Public Improvements shall only include two lanes (with the requisite roadway
improvements listed above), and Developer shall not be responsible for any future
expansion to four lanes.
"Project" or "Oakmont Development' is Developer's planned mixed-use
development of the Property in phases, consisting primarily of single-family dwellings
each located on a single-family lot but which may include retail, general commercial and
office uses, and multi -family dwelling units, as depicted on the proposed site plan
attached hereto as Exhibit "B", and to be determined based upon market conditions. The
site plan may be changed from time to time based on market conditions and subject to
compliance with City ordinances.
"Project Development Costs" means any and all expenditures incurred by
Developer in developing the Project including, without limitation, the following: the fair
market value of the Property, construction costs, environmental assessment and
permitting costs, application and inspection fees, other government fees, surveying and
platting costs, land -planning and master -planning costs, design, engineering, and testing
costs, landscaping costs, legal expenses, marketing and sales costs, increased ad
valorem tax costs, administrative and overhead costs, and in-kind contributions by
Developer to the Project at their fair market value.
"Property" means the real property depicted by a boundary survey and described
by metes and bounds in Exhibit "A".
"Real Property" shall have the meaning ascribed to it in Section 1.04 of the Texas
Tax Code, as amended.
"Real Property Taxes" means the County's share of the ad valorem taxes
received by the County from the Brazos County Tax Assessor -Collector on the value of
the Real Property located on the Property, which shall include land and improvements
taxed by the County, and shall exclude ad valorem taxes received by the County on
Personal Property located on the Property.
"Residential Improvements" means the new construction of residential
buildings(s), and all the appurtenances thereto, whether single family, duplex or multi-
family in purpose.
"Subdivision Improvements" means all improvements to real property required
of the Developer by the City of Bryan Subdivision Ordinance, which cost shall be borne
solely by Developer, and excluding the Phase 1 University Drive Public Improvements.
"Taxable Value" means the appraised value as certified by the Brazos Central
Appraisal District as of January 1st of a given year.
"University Drive Expansion Project" means the construction of the roadway
extension of University Drive, as a major arterial thoroughfare, from its existing terminus
at the intersection of University Drive and FM 158 in Bryan, Texas to the end of the
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Property, in Bryan, Texas, as approximately shown on Exhibit "B", and including, at full
build -out four lanes, concrete curb and gutters, medians, landscaping, sidewalks, lights,
stormwater improvements, requisite traffic control improvements, markings and other
customary roadway improvements required to be constructed in accordance with the City
of Bryan ordinances, City of Bryan Engineering standards, specifications, and
Infrastructure Design Manual, and approved plans.
ARTICLE II
TERM
2.01 The term of this Agreement shall begin on the Effective Date and shall
continue until the Expiration Date, unless sooner terminated as provided herein.
ARTICLE III
REPRESENTATIONS AND WARRANTIES OF DEVELOPER AND COUNTY
3.01 In order to induce County to enter into this Agreement, Developer
represents and warrants as follows:
(a) Developer is a duly organized and validly existing limited partnership under
the laws of the State of Texas.
(b) Developer has the power and authority to execute, deliver and carry out the
terms and provisions of this Agreement and all other instruments to be executed and
delivered by the Developer in connection with its obligations hereunder. The execution,
delivery, and performance by Developer of this Agreement have been duly authorized by
all requisite action by the Developer, and this Agreement is a valid and binding obligation
of the Developer enforceable in accordance with its respective terms, except as may be
affected by applicable bankruptcy or insolvency laws affecting creditors' rights generally.
(c) The Developer is not in default in the performance, observance or fulfillment
of any of the obligations, covenants or conditions contained in any material agreement or
instrument to which the Developer is a party or by which the Developer or any of its
property is bound that would have any material adverse effect on the Developer's ability
to perform under this Agreement.
(d) To its best knowledge, Developer is not a party to or otherwise bound by
any agreement or instrument or subject to any other restriction or any judgment, order,
writ, injunction, decree, award, rule or regulation which could reasonably be expected to
materially and adversely affect the Developer's ability to perform its obligations under this
Agreement.
(e) The Developer fully intends to commence and complete the Project.
3.02 In order to induce Developer to enter into this Agreement, County
represents and warrants as follows:
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(a) County is a political subdivision of the State of Texas created by the state
for governmental purposes and is authorized and empowered to enter into this
Agreement. The County Commissioners Court is empowered to act on behalf of the
County, limited to activities specifically provided in the state constitution, statutes, and
codes.
(b) The County has the authority to levy, assess, and collect ad valorem taxes
on the Property and to use the taxes collected by it from property within the County,
including the Property, as provided in this Agreement.
ARTICLE IV
DEVELOPER OBLIGATIONS
4.01 As a condition precedent to the County's obligation to make a Chapter 381
payment during the term of this Agreement, Developer, at a minimum, must complete the
University Drive Extension Project Design and Phase I Construction in accordance with
Article IV and Article V of the City Chapter 380 Agreement.
ARTICLE V.
THE OAKMONT DEVELOPMENT
CHAPTER 381 PROGRAM
5.01 If the Developer performs the following requirements, pertaining to the
Project, County agrees to pay to Developer the Chapter 381 Payments as stated in this
Agreement:
(a) As consideration of and part of the Chapter 381 Agreement, Developer shall
Commence Construction of the Subdivision Improvements for Phase 1 of the
Project within twelve (12) months after the acceptance by the City Engineer of the
Phase 1 University Drive Public Improvements.
(b) During the Term of this Agreement, Developer shall expend a minimum of
$25,000,000.00 in Project Development Costs by the conclusion of 12 years after
the First Year of Cash Incentives (the "Investment Requirement").
(c) As a condition precedent to the County's obligation to make a Chapter 381
payment in any given year during the term of this Agreement, Developer, at a
minimum, must: (i) Complete Construction of the Subdivision Improvements for
Phase 1 of the Project; and (ii) obtain and/or maintain a minimum Incremental
Taxable Value of the Property in any given calendar year of at least $5,000,000.00.
(d) During the Term of this Agreement, Developer shall not allow the ad
valorem taxes owed to City on the Property owned by the Developer, or any other
property owned by Developer and located within the City of Bryan, to become
delinquent beyond the date when due, as such date may be extended to allow for
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any protest of valuation or appeal, nor shall Developer fail to render for taxation
any property owned by Developer and located within the City of Bryan.
(e) Developer agrees to use commercially reasonable efforts to pursue new
commercial and retail tenants and End -Users to add value to the Property and
create new jobs.
ARTICLE VI
GENERAL REQUIREMENTS
6.01. Developer agrees as good and valuable consideration for this Agreement
that construction of the Improvements by Developer will be in accordance with all
applicable federal, state and local laws, city codes, ordinances, rules and regulations.
6.02 Construction plans for the Improvements constructed on the Property by
Developer will be filed with City, which shall be deemed to be incorporated by reference
herein and made a part hereof for all purposes.
6.03 Developer agrees to maintain the Improvements owned by it during the term
of this Agreement in accordance with all applicable federal, state and local laws, city
codes, ordinances, rules and regulations.
6.04 County, its agents and employees shall have the right of access to the
Property during construction by Developer to inspect the Improvements at reasonable
times and with reasonable notice to Developer, and in accordance with visitor access and
security policies of Developer and Developer's tenants, in order to insure that the
construction of the Improvements are in accordance with this Agreement and all
applicable state and local laws and regulations (or valid waiver thereof).
6.05 Developer agrees to include the following paragraph in any land sales
contract for the Property:
(i) Buyer agrees that construction of the Improvements will be in accordance with
all applicable state and local laws, codes and regulations;
(ii) Construction plans for the Improvements constructed on the Property will be
filed with County, which shall be deemed to be incorporated by reference herein
and made a part hereof for all purposes;
(iii) Buyer agrees to maintain the Improvements owned by it during the term of this
Agreement in accordance with all applicable state and local laws, codes, and
regulations; and
(iv) County, its agents and employees shall have the right of access to the Property
during construction by Buyer to inspect the Improvements at reasonable times and
with reasonable notice to Buyer, and in accordance with visitor access and security
policies of Buyer and Buyer's tenants, in order to insure that the construction of the
Improvements are in accordance with this Agreement and all applicable state and
local laws and regulations (or valid waiver thereof).
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ARTICLE VII.
THE CHAPTER 381 PAYMENTS
7.01 Condition Precedent. The County's obligation to make the Chapter 381
Payment to Developer as set forth herein is contingent and conditioned upon: (i)
Developer's Completion of Construction of the Subdivision Improvements for Phase 1 of
the Project, and (ii) A minimum Incremental Taxable Value of the Property in the then
preceding calendar year of at least FIVE MILLION DOLLARS ($5,000,000.00); and (iii)
Developer is in compliance with all of the terms and conditions setforth in this Agreement.
7.02 Subject to the Developer's compliance with the conditions precedent set
forth in Section 7.01 above, County agrees to pay to Developer annually an amount equal
to one hundred percent (100%) of the Maintenance and Operations Rate portion of the
Ad Valorem Tax Revenues collected by the County on the Incremental Taxable Value of
the Property for the preceding calendar year by the Developer and/or any End User in
accordance with the terms of this Agreement, provided that the total amount of Chapter
381 Payments paid to Developer under this Agreement shall not exceed FIVE MILLION
ONE HUNDRED FIFTY THOUSAND DOLLARS ($5,150,000.00).
7.03 Subject to the Developer's compliance with the conditions precedent set
forth in Section 7.01 above, County further agrees to pay to Developer as a Cash
Incentive an amount equal to one hundred percent (100%) of the maintenance and
operations portion of the rollback taxes assessed and collected by the County on the
Property since the Effective Date of this Agreement (the "Rollback Tax Payment"). The
First Year Cash Incentives shall also include the Rollback Tax Payment.
7.04 In no event will the Chapter 381 Payment paid in connection with a tax year
exceed the amount of ad valorem taxes actually collected by the County on the Property
by July 1 for such tax year, and any rollback taxes previously collected by the County on
the Property.
7.05 The County's obligation to make the Chapter 381 Payment(s) hereunder is
subject to annual appropriation by the Brazos County Commissioners' Court, which the
County agrees to use good faith efforts to appropriate such funds each year during the
Term of this Agreement. Under no circumstances shall County's obligations hereunder
be deemed to create any debt within the meaning of any constitutional or statutory
provision. None of the County's obligations under this Agreement shall be pledged or
otherwise encumbered in favor of any commercial lender and/or similar financial
institution or other party.
7.06 The total amount of Chapter 381 Payments paid by the County under this
Agreement shall in no event exceed FIVE MILLION ONE HUNDRED FIFTY THOUSAND
DOLLARS ($5,150,000.00), at which time County's obligation to make the Chapter 381
Payments to Developer ends.
7.07 County will remit the first Chapter 381 Payment to Developer no later than
sixty (60) days after receipt by the County Auditor of a proper Payment Request from the
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Developer in accordance with the terms of this Agreement. Beginning with the First Year
of Cash Incentives, Developer may only submit a Payment Request during the period
commencing July 1 and ending on December 31 of any given year. The failure by
Developer to timely submit to the County Auditor a Payment Request will result in the
forfeiture of the Chapter 381 Payment attributable to that tax year.
7.08 During the term of this Agreement, Developer shall be subject to all taxation,
including but not limited to, sales tax and ad valorem taxation; provided, this Agreement
does not prohibit Developer from claiming any exemptions from tax provided by
applicable law.
ARTICLE VII.
DEFAULT
8.01 Events of Default. Developer shall be in default of this Agreement upon
the occurrence of any of the following during the term of this Agreement:
(a) Developer fails to comply with any of its obligations under this Agreement;
(b) Devgloper fails to file any required report or statement or to give any
required notice pursuant to this Agreement; or
(c) Developer fails to timely pay any sales or property taxes owed to the County
and fails to properly follow legal procedures for protest or contest of such taxes.
8.02 If the Developer should default in the performance of any obligation of this
Agreement, the County shall provide Developer written notice of the default, and a
minimum period of thirty (30) days to cure such default, prior to pursuing any remedy for
default.
8.03 If Developer remains in default after notice and opportunity to cure, County
shall have the right to (i) suspend the Chapter 381 Payments or (ii) terminate the
Agreement and the Chapter 381 Payments which have accrued after the date of default;
and (iii) to exercise all available remedies at law and at equity.
8.04 Recapture. In the event the Developer defaults by failing to satisfy the
Investment Requirement of Section 5.01(b), the County shall have the right to recapture
all Cash Incentives paid during the Term of this Agreement by County to Developer in
excess of the amount that is determined by multiplying the Maximum Payment Amount
by a fraction where the numerator is the actual Project Development Costs and the
denominator is the amount of Project Development Costs required under Section 5.01(b).
For example, if the actual Project Development Costs totaled $20,000,000, the County
shall have the right to recapture all Cash Incentives paid during the Term of this
Agreement in excess of $4,120,000 ($5,150,000 Max. Payment Amount x $25,000,000
$z,00a,000) If
the County exercises its right to recapture any amount of Cash Incentives, the Developer
shall pay to County the total amount subject to recapture within ninety (90) days of the
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County's written demand therefore. Any amounts not timely paid shall bear interest at the
rate of 10% percent annually.
8.05 The provisions regarding termination of the Agreement and the recapturing
of previously paid Cash Incentives shall also apply should the Developer fail to pay sales
or property taxes owed to the County and fails to properly follow legal procedures for
protest or contest of such taxes, but only to the extent of the sales or property taxes owed
to the County and which Developer has failed to pay.
8.06 The Developer's obligation to repay any recapture amounts to the County
under Section 8.04, and the County's right and authority to pursue any default and to
recover all of the Chapter 381 Payments made to Developer under this Agreement shall
survive the termination of this Agreement.
ARTICLE IX
EVENTS OF FORCE MAJEURE
9.01 It is expressly understood and agreed by the Parties to this Agreement that
if the performance by either Party of any obligation hereunder is delayed by reason of an
event of Force Majeure, the Party so obligated or permitted shall be excused from doing
or performing the same for the time and to the extent necessary to allow the affected
Party to overcome the event of Force Majeure and resume performance thereof. The
Party claiming delay of performance as a result of an event of Force Majeure shall deliver
written notice of the commencement of such delay to the other Party as soon as
reasonably practicable after the claiming Party becomes aware of the same, and if the
claiming Party fails to so notify the other Party of delay caused by a Force Majeure event,
the claiming Party shall not be entitled to extend the time for performance as provided
herein.
ARTICLE X.
TERMINATION
10.01 This Agreement shall terminate upon anyone or more of the following:
(a) In the event, after the completion and acceptance by the City Engineer of
the Phase 1 University Drive Public Improvements, the Developer elects not to
proceed with the Project as contemplated by this Agreement, Developer shall
notify the County in writing, and this Agreement and the obligations on the part of
both parties shall be deemed terminated and of no further force or effect.
(b) By mutual agreement of the Parties;
(c) Expiration Date;
(d) Developer has been paid the Maximum Payment Amount.
(e) By County, if the Developer suffers an event of Bankruptcy or Insolvency;
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(f) By County or Developer in the event the other Party breaches any of the
terms or conditions of the Agreement and any such breach is not cured within thirty
(30) days after written notice;
(g) If the Developer sells or otherwise conveys the Property or any portion of
the Property to a third party, other than an Affiliate as defined herein, prior to the
Property obtaining a minimum Incremental Taxable Value of $5,000,000, the
County's obligations under this Agreement to make any Chapter 381 Payments to
Developer shall terminate as of the conveyance date.
ARTICLE XI.
INDEMNIFICATION
11.01 Developer does hereby agree to waive all claims, release, indemnify,
defend and hold harmless the County, and all of their officials, officers, agents and
employees, in both their public and private capacities, from and against any and
all liability, claims, losses, damages, suits, demands or causes of action including
all expenses of litigation and/or settlement, court costs and attorney fees which
may arise by reason of injury to or death of any person or for loss of, damage to,
or loss of use of any property occasioned by the error, omission, or negligent act
of Developer, its officers, agents, or employees arising out of or in connection with
the performance of this Agreement, and Developer will at its own cost and expense
defend and protect the County from any and all such claims and demands. The
indemnification obligation herein provided shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by
or for the Developer or any contractor or subcontractor under workman's
compensation or other employee benefit acts.
ARTICLE XII
REPORTING AND AUDITING
12.01 Compliance Certification. Developer shall, before December 31 of each
calendar year that the Agreement is in effect, certify in writing to County that it is in
compliance with each term of the Agreement, using the certification form attached hereto
as Exhibit "D". The submission of these reports shall be the responsibility of Developer
and shall be signed by an officer of the Developer. In addition, by the conclusion of 12
years after the First Year of Cash Incentives or upon the earlier expenditure of
$25,000,000.00 in Project Development Costs by the Developer, whichever occurs first,
Developer shall provide to County evidence in the form of a sworn cost statement signed
by an officer of the Developer that the Developer has complied with the Investment
Requirement of Section 5.01(b) or attesting to the actual amount of Project Development
Costs.
12.02 Maintenance of Records. Developer shall be responsible for maintaining
records of all costs incurred and payments made for the Project, the University Drive
Expansion Project, and the Phase 1 University Drive Public Improvements, and all
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records evidencing compliance with all Developer obligations required under this
Agreement. Developer shall maintain such records for a period of five (5) years after
termination of this Agreement.
12.03 Access to Records / Right to Audit. Developer shall allow County
reasonable access, during normal business hours, to review and audit its records and
books and all other relevant records related to the Agreement upon five (5) business days'
prior written notice to the Developer.
ARTICLE XIII.
MISCELLANEOUS
13.01 Incorporation of Recitals. The determinations recited and declared in the
preambles to this Agreement are true and correct and are hereby incorporated herein as
part of this Agreement.
13.02 Entire Agreement. This Agreement, including any exhibits hereto, contains
the entire agreement between the parties with respect to the transactions contemplated
herein.
13.03 Exhibits, Titles of Articles, Sections and Subsections. The exhibits
attached to this Agreement, if any, are incorporated herein and shall be considered a part
of this Agreement for the purposes stated herein. All titles or headings are only for the
convenience of the parties and shall not be construed to have any effect or meaning as
to the agreement between the parties hereto. Any reference herein to a section or
subsection shall be considered a reference to such section or subsection of this
Agreement unless otherwise stated. Any reference herein to an exhibit shall be
considered a reference to the applicable exhibit attached hereto unless otherwise stated.
13.04 Amendments. This Agreement may only be amended, altered, or
terminated by written instrument signed by all parties.
13.05 Assignment. Developer may not assign this Agreement without the prior
written consent of the County, except that Developer may assign this Agreement in whole
or in part to an Affiliate or in connection with any merger, reorganization, sale of all or
substantially all of its assets or any similar transaction; provided that Developer provides
the County Auditor with written notice promptly after any such assignment. The
Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties
and their respective successors and assigns.
13.06 No Waiver. Failure of any party, at any time, to enforce a provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the
validity of this Agreement, any part hereof, or the right of either party thereafter to enforce
each and every provision hereof. No term of this Agreement shall be deemed waived or
breach excused, unless the waiver shall be in writing and signed by the party claimed to
Chapter 381 Economic Development Agreement Adam Development Properties, L.P. Page 13
vol. 2, cr, Pg, 2 �% —
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have waived. Furthermore, any consent to or waiver of a breach will not constitute
consent to or waiver of or excuse of any other different or subsequent breach.
13.07 Notices. Notices under this Agreement are sufficient if given by nationally
recognized overnight courier service, certified mail (return receipt requested), facsimile
with electronic confirmation, or personal delivery to the other Party at the address below.
If no address is listed for a Party, notice to such Party will be effective if given to the last
known address. Notice is effective: (a) when delivered personally, (b) three business
days after sending by certified mail, (c) on the business day after sending by a nationally
recognized courier service, or (d) on the business day after sending by facsimile with
electronic confirmation to the sender. Each Party may update its contact information by
notice to the other. Routine business and technical correspondence must be in English,
and may be in electronic form. The contact information for each Parry is as follows:
COUNTY:
Brazos County
Attn: County Commissioners
200 S. Texas Ave., Suite 332
Bryan, Texas 77803
Telephone: (979) 3614102
Facsimile: (979) 361-4503
DEVELOPER:
Adam Development Properties, L.P.
Attn: Marcos Rosales
One Momentum Blvd., Suite 1000
College Station, Texas 77845
Telephone: (979) 776-1111
Facsimile: (979) 599-9532
13.08 Applicable Law and Venue. This Agreement is made, and shall be
construed and interpreted under the laws of the State of Texas. Venue for any legal
proceedings shall lie in State courts located in Brazos County, Texas. Venue for any
matters in federal court will be in the United States District Court for the Southern District
of Texas, Houston Division.
13.09 Severability. In the event any provision of this Agreement is illegal, invalid,
or unenforceable under the applicable present or future laws, then, and in that event, it is
the intention of the Parties that the remainder of this Agreement shall not affected thereby,
and it is also the intention of the parties to this Agreement that in lieu of each clause or
provision that is found to be illegal, invalid, or unenforceable a provision be added to this
Agreement which is legal, valid and enforceable and is as similar in terms as possible to
the provision to be illegal, invalid or unenforceable.
13.10 Third Parties. The County and Developer intend that this Agreement shall
not benefit or create any right or cause of action in or on behalf of any third -party
beneficiary, or any individual or entity other than the County and Developer or permitted
assignees of the County and Developer, except that the indemnification and hold
harmless obligations by Developer provided for in this Agreement shall inure to the benefit
of the indemnitees named herein.
13.11 No Joint Venture. Nothing contained in this Agreement is intended by the
parties to create a partnership or joint venture between the Parties, and any implication
Chapter 381 Economic Development Agreement Adam Development Properties, L.P. Page 14
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pg. �O
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to the contrary is hereby expressly disavowed. It is understood and agreed that this
Agreement does not create a joint enterprise, nor does it appoint either Party as an agent
of the other for any purpose whatsoever. Except as otherwise specifically provided
herein, neither Party shall in any way assume any of the liability of the other for acts of
the other or obligations of the other.
13.12 Employment of Undocumented Workers. During the term of this
Agreement, Developer agrees not to knowingly employ any undocumented workers and,
if convicted of a violation under 8 U.S.C. Section 1324a (f), Developer shall repay to
County all Cash Incentives received under this Agreement as of the date of such violation
within 120 days after the date Developer is notified by County of such violation, plus
interest at the rate of 5% simple interest from the date of Developer's receipt of the Cash
Incentives until repaid.
13.13 Agreement for Goods and Services. To the extent permitted by law, the
County and Developer mutually warrant, represent, and agree that this Agreement states
the essential terms for the Developer to provide goods or services to the County as
contemplated by Texas Local Government Code §271.151(2)(A).
13.14 No Personal Liability. No elected official of the County, officer or employee
of County shall be personally liable to the Developer or any successor in interest of
Developer, in the event of any default or breach by the County, or for any amount which
may become due to Developer or to its successor in interest, or for breach of any
obligation under the terms of this Agreement.
13.15 Right of Offset. The County may deduct from any Chapter 381 payments,
as an offset, any delinquent and unpaid utility charges, or other unpaid fees, charges, or
taxes assessed and other sums of money owed to, or for the benefit of, the County by
Developer, provided that, before offsetting such sums, the County must provide
Developer with (a) advance notice of such offset, (b) sixty days to take action to remedy
the situation giving rise to the offset, and/or (c) reasonable opportunity, at its own
expense, to contest such offset.
13.16 Independent Contractor. Developer shall at all times during the Term of
this Agreement remain an independent contractor.
13.17 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original, but all of which constitute one instrument.
EXECUTED in duplicate originals to be effective as of the Effective Date.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
Chapter 381 Economic Development Agreement Adam Development Properties, L.P. Page 15
EXECUTION COPY
EXECUTED in duplicate originals to be effective as of the Effective Date.
ADAM DEVELOPMENT PROPERTIE , L.P.
By:
Name:Ste anieAdam Maleche
Title: President and Chief O atin Officer
S COU Y COMMISSI RS COURT
Duane Peters, County Judge
Lloyd Wassermann a y Catalena
Commissioner, Precinct 1 Com oner Precinct 2
Kenny and Ir
Commissioner, Precinct 3 Commissions Pre Inct 4
ATTES
Karen McQueen, Cou y Clerk
Chapter 381 Economic Development Agreement Adam Development Properties, L.P. Page 16
vol. ; Pg. � ��
EXHIBIT "A"
Metes & Bounds Survey
FIELD NOTES
409.75 ACRE TRACT
Being all that certain tract or parcel of land lying and being situated in the J. W. SCOTT LEAGUE,
Abstract No. 49 in Bryan, Brazos County, Texas and being part of the called 314.34 acre tract described
in the deed from N.H. Burnap, Trustee to Adam Development Properties, L.P. formerly known as TAC
Realty, Inc. recorded in Volume 3883, Page 97 of the Official Records of Brazos County, Texas
(O.R.B.C.), all of the called 98.362 acre tract described in the deed from Southwest Federal Savings
Association to Adam Development Properties, L.P. formerly known as TAC Realty, Inc. recorded in
Volume 1463, Page 27 (O.R.B.C.), all of the 0.8091 acre tract described in the deed from F.W. Bert
Wheeler, Trustee, et at to Adam Development Properties, L.P. formerly known as TAC Realty, Inc.
recorded in Volume 4218, Page I (O.R.B.C.) and being more particularly described by metes and
bounds as follows:
BEGINNING: at a point in the northeast right-of-way line of F.M. 158 (width varies), said point also
being in the northwest line of the called 314.34 tract, the southeast line of the called 16.27 acre Robert
B. Wilcox tract recorded in Volume 3395, Page 152 (O.R.B.C.) and being the most westerly corner of
this tract;
THENCE: N 440 57' 36" E along the northwest line of the called 314.34 acre tract and the southeast line
of the called 16.27 acre Wilcox tract for a distance of 1142.17 feet to the south corner of the called
98.362 acre tract and the east corner of the called 16.27 acre tract;
THENCE: N 670 34' 32" W along the southwest line of the called 98.362 acre tract and the northeast
line of the called 16.27 acre Wilcox tract for a distance of 955.60 feet for corner in the southeast right-
of-way line of Copper6eld Drive (based on a 100 -foot width);
THENCE: 146.02 feet in a clockwise direction along a curve in the southeast line of said Copperfield
Drive, said curve having a central angle of 110 09' 18", a radius of 750.00 feet, a tangent of 73.24 feet
and a long chord bearing N 330 44' 10" E at a distance of 145.79 feet to the west corner of Lot 2-R,
Block 21 of the Replat of Lot I, Block 21 of COPPERFIFLD SECTION FIVE recorded in Volume
1190, Page 215 (O.R.B.C.);
THENCE: along the perimeter of said replatted COPPERFIELD SECTION FIVE for the following four
(4) calls:
1) S 50c 41' 19" E for a distance of 109.97 feet for comer,
2) N 660 19' 19" E for a distance of 209.54 feet for corner,
3) 152.03 feet in a counter -clockwise direction along the arc of a curve having a central angle of
140 31' 05", a radius of 600.00 feet, a tangent of 76.42 feet and a long chord bearing N 230 51'
20" W at a distance of 151.62 feet to the Point of'I'angency, and
4) N 31' 06' 57" W for a distance of 23.56 feet in the before -said southeast right-of-way line of
Copperfiold Drive (based on a I00 -foot width);
Ti IENCE: 106.81 feet in a clockwise direction along the arc of a curve in said Copper6eld Drive having
a central angle of O8° 09' 34", a radius of 750.00 feet, a tangent of 53.49 feet and a long chord bearing
N 630 55' 23" E at a distance of 106.72 feet for comer;
THENCE: N 220 00' 00" W for a distance of 10.00 feet for corner in the southeast right-of-way line of
Copperfiold Drive (based on a 80 -foot width),
THENCE: continuing along the southeast right-of-way line of said Copper6eld Drive for the following
five (5) calls:
1) N 680 00' 00" E for a distance of 78.01 feet to the Point of Curvature of a curve to the left,
2) 480.54 feet along the are of said curve having a central angle of 430 01' 13", a radius of 640.00
feet, a tangent of 252.23 feet and a long chord bearing N 460 29' 23" E at a distance of 469.33
feet to the Point of "Tangency,
3) N 240 58'47" E for a distance of 333.00 feet to the Point of Curvature of a curve to the left,
4) 593.97 feet along the arc of said curve having a central angle of 400 30' 50", a radius of 840.00
feet, a tangent of 310.01 feet and a long chord bearing N 040 43' 22" E at a distance of 581.67
feet to a Point of Reverse Curvature, and
Lvv'_01_�c7_
pg, .2 -
5) 37.64 feet along the arc of said reverse curve having a central angle of 860 16' 15", a radius of
25.00 feet, a tangent of 23.42 feet and a long chord bearing N 27° 36' 04" E at a distance of
34.19 feet to a Point of Reverse Curvature, said point being in the southeast right-of-way line of
Canterbury Drive (based on a 80 -foot width);
THENCE: along the southeast line of said Canterbury Drive for the following nine (9) calls:
1) 221.49 feet along the we of said reverse curve having a central angle of 300 34' 46", a radius of
415.00 feet, a tangent of 113.45 feet and a long chord bearing N 550 26' 49" E at a distance of
218.87 feet to the Point of Tangency,
2) N 400 09' 26" E for a distance of 130.00 feet to the Point of Curvature of a curve to the right,
3) 265.29 feet along the arc of said curve having a central angle of 200 00' 01", a radius of 760.00
fee(, a tangent of 134.01 feet and a long chord bearing N 50° 09' 26" E at a distance of 263.95
feet to the Point of Tangency,
4) N 600 09'27" E for a distance of 375.00 feet to the Point of Curvature of a curve to the left,
5) 210.55 feet along the arc of said curve having a central angle of 14° 21' 41", a radius of 840.00
feet, a tangent of 105.83 feet and a long chord bearing N 520 58' 37" E at a distance of 210.00
feet to the Point of Tangency,
6) N 450 47' 46" E for a distance of 385.00 feet to the Point of Curvature of a curve to the right,
7) 344.88 feet along the are of said curve having a central angle of 260 00' 00", a radius of 760.00
feet, a tangent of 175.46 feet and a long chord bearing N 580 47' 46" E at a distance of 341.93
feet to the Point of Tangency,
8) N 710 47'46" E for a distance of 515.02 feet to the Point of Curvature of a curve to the right, and
9) 247.91 feet along the are of said curve having a central angle of 140 47' 45", a radius of 960.00
feet, a tangent of 124.65 feet and a long chord bearing N 790 11' 39" E at a distance of 247.22
feet to the northwest corner of COPPERFIELD SECTION 10-D as recorded in Volume 3785,
Page 147 (O.R.B.C.);
T14ENCE: along the southwesterly line of said COPPERFIELD SECTION 10-D for the following two
(2) calls:
1) S 03° 24'26" E for a distance of 154.25 feet for comer, and
2) S 45° 02' 02" E for a distance of 973.94 feet to the south comer of said COPPERFIELD
SECTION 10-D and the west corner of COPPERFIELD SECTION 10-E as recorded in Volume
3785, Page 145 (O.R.B.C.);
THENCE: S 450 02' 02" E for a distance of 310.00 feet to the south corner of said COPPERFIELD
SECTION I O -E;
THENCE: N 44° 58' 00" E along the southeast lines of said COPPERFIELD SECTION 10-E and 10-D
for a distance of 1494.30 feet for comer;
THENCE: N 300 38' 09" W along the northeast line of said COPPERFIELD SECTION 10-D for a
distance of 622.44 feet to the southwest comer of the 100 -foul wide City of Bryan right-of-way tract
recorded in Volume 2141, Page 47 (O.R.B.C.);
THENCE: N 59° 21' 51" E along the southeast line of said 100 -foot right-of-way tract for a distance of
100.00 feet to the most northerly comer of this tract, the southeast comer of the said right-of-way, tract
and being in the southwest line of the called 242.5 acre Peyton Waller tract recorded in Volume 348,
Page 688 of the Bravos County Deed Records (B.C.D.R.);
THENCE: S 30° 38' 09" E along the northeast line of the called 314.34 acre tract and the southwest line
of the called 242.5 acre Waller tract for a distance of 2468.93 feet to the east corner of this tract, the
south comer of the said 242.5 acre tract and being in the northwest line of the called 159 acre Patricia
Kay Peters, et al tract recorded in Volume 2498, Page 28 (O.R.B.C.);
THENCE: S 450 15' 57" W along the southeast line of the called 314.34 acre tract and the northwest line
of the called 159 acre Peters tract for a distance of 4407.76 feet for corner,
THENCE: S 45° 27'32" E for a distance of 397.55 feet to a point in the said northeast right-of-way line
of F.M. 158 (width varies);
Vol. Pg. y'�
THENCE: along the northeast line of said F.M. 158 for the following four (4) calls:
1) N 790 54' 18" W for a distance oC57.29 feet for corner,
2) N 810 03' 08" W for a distance of 232.80 feet for corner,
3) N 820 11'58" W for a distance of 1054.11 feet for corner, and
4) N 820 27' 11" W for a distance of 457.73 feet to a point in the southwest line of the called 0.8091
acre tract (4218/1) and the southeast line of the called 2.020 acre Christopher Lampo tract
recorded in Volume 3212, Page 48 (O.R.B.C.);
THENCE: along the perimeter of the called 2.020 acre Lampo tract and the 2.000 acre Christopher
Lampo tract recorded in Volume 11971, Page 62 (O.R.B.C.) for the following three (3) calls:
I ) N 070 44' 16" E for a distance of 377.50 feet for corner,
2) N 820 15'44" W for a distance of 458.52 feet for comer, and
3) S 07° 44' 16" W for a distance of 353.44 feet for corner in the said northeast right-of-way line of
F.M. 158 (width varies);
THENCE: along the northeast line of said F.M. 158 for the following eight (8) calls:
1) N 720 26' 19" W for a distance of 242.67 feet for comer,
2) N 680 59' 07" W for a distance of 81.24 feet for corner,
3) N 680 45'39" W for a distance of 526.62 feet for comer,
4) N 230 45'39" W for a distance of 45.19 feet for corner,
5) N 670 16'05" W for a distance of 100.00 feet for corner,
6) S 720 13' 28" W for a distance of 37.98 feet for comer,
7) N 620 46'32" W for a distance of 137.80 feet fm corner,
8) N 570 53' 22" W for a distance of 32.53 feet to the POINT OF BEGINNING and containing
409.75 acres of land, more or less.
LO,
d � � pg.
EXHIBIT "B"
Concept Plan
Vol.0 Pg. 9q
m
w
COMMISSIONER COURT MINUTES OF
NOVEMBER 17, 2015
ARE CONTINUED IN VOLUME 229 PAGE 1
Vol. Pg. 00
COMMISSIONER COURT MINUTES OF
NOVEMBER 17. 2015
ARE CONTINUED FROM VOLUME 228
rvo:l—:L=Ji�
EXHIBIT "C"
City Chapter 380 Agreement
9.
Vol. _� % P
EXECUTION COPY
CHAPTER 380 ECONOMIC
DEVELOPMENT AGREEMENT
This Chapter 380 Economic Development Agreement (the "Agreement") is entered by and
between the CITY OF BRYAN, TEXAS, a home -rule municipal corporation organized under the
laws of the State of Texas (hereinafter referred to as "City"), and the Adam Development
Properties, L.P., a Texas Limited Partnership (hereinafter referred to as "Developer"). The City
and Developer may also be referred to collectively as the "Parties" or individually as a "Party."
WHEREAS, the City is authorized under Chapter 380 of the Texas Local Government
Code to offer certain economic development incentives for public purposes, including the
promotion of local economic development and the stimulation of business and commercial activity
within the City, including fulfilling a critical need for high-quality residential housing within the
City; and
WHEREAS, City actively seeks economic development prospects in Bryan through
participation in and establishment of an economic development program; and
WHEREAS, City desires to stimulate business, increase the City's tax base and create new
jobs for its citizens; and
WHEREAS, Developer owns approximately 409 acres of land within the city limits of the
City, more particularly described by metes and bounds and a boundary survey attached hereto as
Exhibit "A" (the "Property"); and
WHEREAS, Developer has advised the City that the expansion by the City of University
Drive from its current location to the proposed entrance to the Property as shown on Exhibit `B"
("Phase I of the University Drive Expansion"), and certain financial incentives from the City
would induce the Developer to construct or cause to be constructed on the Property, the Oakmont
Development, a mixed-use planned development project which comprises primarily single-family
residences and may also include commercial, retail, office and multi -family residential uses (the
"Project"); and
WHEREAS, Developer and the City agree it would be mutually beneficial for Developer
to develop the Property as articulated in the Oakmont Development Concept Plan, attached hereto
as Exhibit `B" and incorporated herein for all purposes; and
WHEREAS, the expansion of University Drive from its current location to the entrance of
Phase I of the Project would benefit both the Developer and the City; and
WHEREAS, Developer plans to develop the Project and construct the subdivision
improvements, including, certain public water, sewer, drainage and streets within the Oakmont
Development necessary to develop the Project, at its sole cost, as is required orthe Developer by
the City of Bryan Subdivision Ordinance, and shall convey the public infrastructure to the City;
and
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WHEREAS, the City council finds the Project and the construction by Developer of the
Real Property Improvements and the Phase I University Drive Improvements will provide a
valuable catalyst for development in the City and increased tax revenues to the City; and
WHEREAS, in consideration of the execution of the Project in accordance with the
performance measures set forth herein, City agrees to use lawfully available revenues calculated
based on the increase in ad valorem taxes generated from the Project to grant to Developer cash
incentives (the "Chapter 380 Payments") as set out herein; and
WHEREAS, City council finds that even though the University Drive expansion is on the
City's future plans to build, construction at this time by the Developer will help promote both the
Development and the economic purpose behind the Chapter 380 agreement; and
WHEREAS, City further agrees to use lawfully available revenues to reimburse Developer
the actual costs of the design of the University Drive Expansion and the constriction of the Phase
I University Drive Public Improvements paid by Developer in a total not -to -exceed amount of
TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000.00) under the terms set
out herein; and
WHEREAS, in consideration of the design, timely construction, and development of the
Project, which will bring additional sales tax and ad valorem tax revenues to the City and additional
jobs resulting from the construction of the Project, the City desires to enter into this Agreement
pursuant to TEXAS LOCAL GOVERNMENT CODE, Chapter 380 and other laws applicable to
the development of municipal infrastructure as an economic incentive for the Developer to develop
and construct the Project; and
WHEREAS, the City Council finds given the incentives provided, the developer will
realize a distinct benefit from proceeding with the Project based on the Project's value; and
WHEREAS, to ensure that the benefits City provides under this Agreement are utilized in
a manner consistent with TEXAS LOCAL GOVERNMENT CODE, Chapter 380 and other law,
Developer agrees to comply with certain conditions for receiving those benefits, including
conditions relating to property development, procurement, and all city ordinances.
NOW, THEREFORE, for the reasons stated in these Recitals and in consideration of the
mutual benefits to and promises of the Parties set forth below, the Parties are entering into this
Agreement and agree to the terms and conditions set forth in this Agreement.
ARTICLE I
DEFINITIONS
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"Ad Valorem Tax Revenues" means the amount of Real Property Taxes collected by the
City on the Property, a portion of which will be repaid to Developer in the form of Chapter 380
Payments.
EXECUTION COPY
"Affiliate" means any person or entity which directly or indirectly controls, is controlled
by or is under common control with Developer, during the term of such control. A person or entity
will be deemed to be "controlled" by any other person or entity if such other person or entity (a)
possesses, directly or indirectly, power to direct or cause the direction of the management of such
person or entity whether by contract or otherwise, (b) has direct or indirect ownership of at least
fifty percent (50%) of the voting power of all outstanding shares entitled to vote at a general
election of directors of the person or entity or (c) has direct or indirect ownership of at least fifty
percent (50%) of the equity interests in the entity.
"Bankruptcy or insolvency" shall mean the dissolution or termination of a Party's
existence as a going business, insolvency, appointment of receiver for any portion of the Property
owned by Developer or a material part of a Party's property and such appointment is not terminated
within ninety (90) days after such appointment is initially made, any general assignment for the
benefit of creditors, the filing of a voluntary petition for bankruptcy protection by a Party, or the
commencement of an involuntary bankruptcy proceeding against such Party, and such proceeding
is not dismissed within ninety (90) days after the filing thereof.
"Base Year Taxable Value" shall mean the 'taxable Value of the Property as of January
1, of 2015.
"Chapter 380 Payment(s)" or "Cash Incentives" shall mean that amount paid as a grant
tinder Texas Local Government Code, Chapter 380, by City to Developer in an amount equal to
100 percent of Real Property "faxes collected and attributable to the Incremental Taxable Value in
the calendar year immediately preceding the year in which a Chapter 380 Payment is requested
Plus 100 percent of rollback taxes assessed and collected by City on the Property. Such amount
shall be calculated based upon the Incremental Taxable Value for each year of the Agreement,
unless otherwise provided herein.
"Commencement of Construction" means that: (i) the plans have been prepared and all
approvals thereof required by applicable governmental authorities have been obtained for
construction of the Project or the applicable phase of the Project; (ii) all necessary permits for the
construction of the Project or for the applicable phase of the Project, pursuant to the respective
plans therefor have been issued by all applicable governmental authorities; and (ii) grading of the
applicable portion of the Property and for construction of the respective phase of the Project.
"Completion of Construction" or "Complete Construction" shall mean that: (i) the
construction of the respective infrastructure, the Subdivision Improvements, and/or the Phase I
University Drive Public Improvements, as the case may be, has been substantially completed; and
(ii) the City Engineer has accepted the respective infrastructure, as the case may be.
"Developer" shall mean the Adam Development Properties, LP, a Texas Limited
Partnership and its Affiliates.
"Effective Date" shall mean the date that both of the following conditions have been met:
(1) this Agreement is folly executed by both the City and Developer and (2) the Developer and
Brazos County have entered into an Economic Development Agreement for development of the
Property (as defined below) pursuant to Chapter 381 of the Texas Local Government Code.
Vol. _� pg.
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"End -User" shall mean any person or entity to whom all or a portion of the Property is
sold or transferred by Developer.
"Expiration Date" means the earlier to occur of (i) the date the Chapter 380 Payment is
received from the City in the year following 12 years after the First Year of Cash Incentives or (ii)
5 years from the Effective Date of this Agreement, if at that time, the Developer has not completed
and/or the City Engineer has not accepted the Phase 1 University Drive Public Improvements; or
(iii) the 3151 day of December in the twentieth year following the Effective date of this Agreement;
or (iv) the total amount of Chapter 380 Payments received by Developer has reached the Maximum
Payment Amount, as defined herein. In recognition of the fact that the Chapter 380 Payments by
necessity are calculated and paid after taxes have been assessed and paid to the City, and therefore
always nm in arrears, the term of this Agreement shall be deemed to be extended for the time
necessary to make any payments otherwise due and payable to Developer which extend beyond
the original term of the Agreement.
"Facility" shall mean a building or structure erected on the Property.
"First Year of Cash Incentive(s)" shall mean the first calendar year following the
calendar year in which the Incremental Taxable Value of the Property is at least $5,000,000.00.
"Force Majeure" shall mean any contingency or cause beyond the reasonable control of
a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by acts
or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. In
no event shall Force Majeure include Developer's financial inability to perform or Developer's
inability to perform as a result of changes in market conditions.
"Improvements" shall mean the construction of the Subdivision Improvements,
Residential Improvements, and new Facilities on the Property and other ancillary facilities such as
required parking and landscaping more fully described in the submittals filed with City, from time
to time, in order to obtain a building permit(s). Improvements may include future retail and general
commercial and office uses as determined by the City Council through the rezoning process.
"Incremental Taxable Value" means the Taxable Value for the Property as of January
I st of a given year less the Base Year Taxable Value.
"Maximum Payment Amount" means the total, not to exceed amount of cash incentives
which may be paid to Developer by City as a Chapter 380 Payment during the term of this
Agreement, which amount shall not exceed TEN MILLION DOLLARS ($10,000,000.00).
"Maximum Reimbursement Amount" means an amount equal to the lesser of (i) the
Public Improvement Costs or (ii) the sum of TWO MILLION SIX HUNDRED THOUSAND
DOLLARS ($2,600,000.00).
"Payment Request" means a written request from Developer to the City for payment of
the annual Cash Incentive accompanied by a report of all property ID numbers for each record
owner of a lot, parcel or Facility located on the Property.
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"Periodic Payment Request" means a verified, written request from Developer to City
for a Periodic Construction Payment as provided in Section 5.03 of this Agreement, and
accompanied by the Conshvction contractor's verified pay application, signed by the contractor
and approved by Developer, and including the required payment receipts or other evidence of
payment made by Developer to the contractor for the full amount of the prior month's pay
application paid by the City.
"Personal Property" shall have the meaning ascribed to it in Section 1_04 of the Texas
Tax Code, as amended.
"Phase 1 of the Project" shall mean the development on the Property of at least sixty (60)
single-family residential lots and all associated infrastructure and landscaping. The lots will be a
minimum of 5,000 square feet. The main entrance to Phase I of the Project will be located off of
the University Drive extension, as approximately shown on Exhibit `B".
"Phase 1 University Drive Public Improvements" means the construction of that portion
of the roadway extension of University Drive, as a major arterial thoroughfare, from its existing
terminus at the intersection of University Drive and FM 158 in Bryan, Texas and extending to the
entrance of the Oakmont Development as approximately shown on Exhibit `B", and including, at
full build -out four lanes, concrete curb and gutters, medians, landscaping, sidewalks, lights,
stormwater improvements, requisite traffic control improvements, markings and other customary
roadway improvements required to be constructed in accordance with the City of Bryan
ordinances, City of Bryan Engineering standards, specifications, and Infrastructure Design
Manual, and the approved plans. It is understood and agreed that the initial build -out contemplated
for the Phase I University Drive Public Improvements shall only include two lanes (with the
requisite roadway improvements listed above), and Developer shall not be responsible for any
future expansion to four lanes.
"Project" or "Oakmont Development" is Developer's planned mixed-use development
of the Property in phases, consisting primarily of single-family dwellings each located on a single-
family lot but which may include retail, general commercial and office uses, and multi -family
dwelling units, as depicted on the conceptual land plan attached hereto as Exhibit "B", and to be
determined based upon market conditions. The conceptual land plan may be changed from time
to time based on market conditions and subject to compliance with City ordinances.
"Project Development Costs" means all actual costs reasonably incurred and expended
by Developer for or solely and directly in connection with the development of the Project
including, without limitation, the following: construction costs, environmental assessment and
permitting costs, application and inspection fees, other government fees, surveying and platting
costs, land -planning and master -planning costs, design, engineering, and testing costs, landscaping
costs, legal expenses, marketing and sales costs, and in-kind contributions by Developer to the
Project (including but not limited to landscaping materials, construction materials, equipment, and
labor, but not including the value of the Property itself) at their fair market value. The Project
Development Costs shall not include any Public Improvement Costs as defined herein.
"Property" means the real property depicted by a boundary survey and described by metes
and bounds in Exhibit "A".
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"Public Improvement Costs" shall mean all actual costs reasonably incurred for or solely
and directly in connection with the design of the University Drive Expansion Project and/or the
construction of the Phase I University Drive Public Improvements, and paid by Developer,
including (i) all costs of design, engineering, materials, labor, construction, testing and inspection
and other services arising in connection with the design of the University Drive Expansion Project
and/or the construction of the Phase I University Drive Public Improvements; (ii) all payments
arising under any contracts entered into for the design of the University Drive Expansion Project
or construction of the Phase I University Drive Public Improvements; and (iii) all costs incurred
for or solely and directly in connection with obtaining construction easements, governmental
approvals, certificates and permits required in connection with the construction of the Phase I
University Drive Public Improvements, including the legal, engineering and other consultant fees
and expenses related to the design of the University Drive Expansion Project and the construction
of the Phase I University Drive Public Improvements.
"Real Property" shall have the meaning ascribed to it in Section 1_04 of the Texas Tax
Code, as amended.
"Real Property Taxes" means the City's share of the ad valorem taxes received by the
City from the Brazos County Tax Assessor -Collector on the value of the Real Property located on
the Property, which shall include land and improvements taxed by the City, and shall exclude ad
valorem taxes received by the City on Personal Property located on the Property.
"Reimbursement Amount" means the amount, not -to -exceed the Maximum
Reimbursement Amount, to be paid to Developer by City as a reimbursement of the Public
Improvement Costs.
"Reimbursement Request" means a verified, written request from Developer to City for
the Pre -Construction Payment, or the Final Payment as provided in this Agreement, and
accompanied by the construction contractor's verified pay application signed by the contractor and
approved by the Developer, the invoices, bills, receipts from the engineers, contractors, or other
vendors, as applicable, and such other information as may be reasonably requested by City to
document Developer's payment of the Public Improvement Costs.
"Residential Improvements" means the new construction of residential buildings(s), and
all the appurtenances thereto, whether single family, duplex or multi -family in purpose.
"Subdivision Improvements" means all improvements to real property required of the
Developer by the City of Bryan Subdivision Ordinance, which cost shall be borne solely by
Developer, and excluding the Phase 1 University Drive Public Improvements.
"Taxable Value" means the appraised value as certified by the Brazos Central Appraisal
District as of January I st of a given year.
"University Drive Expansion Project" means the construction of the roadway extension
of University Drive, as a major arterial thoroughfare, from its existing terminus at the intersection
of University Drive and FM 158 in Bryan, Texas to the end of the Property, in Bryan, Texas, as
approximately shown on Exhibit `B", and including, at full build -out four lanes, concrete curb and
gutters, medians, landscaping, sidewalks, lights, stormwater improvements, requisite traffic
control improvements, markings and other customary roadway improvements required to be
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constructed in accordance with the City of Bryan ordinances, City of Bryan Engineering standards,
specifications, and Infrastructure Design Manual, and approved plans.
ARTICLE II.
TERM
2.01 The term of this Agreement shall begin on the Effective Date and shall continue
until the Expiration Date, unless sooner terminated as provided herein.
ARTICLE III.
REPRESENTATIONS AND WARRANTIES OF DEVELOPER AND CITY
3.01 In order to induce City to enter into this Agreement, Developer represents and
warrants as follows:
(a) Developer is a duly organized and validly existing limited partnership under the
laws of the State of Texas.
(b) Developer has the power and authority to execute, deliver and carry out the terms
and provisions of this Agreement and all other instruments to be executed and delivered by
the Developer in connection with its obligations hereunder. The execution, delivery, and
performance by Developer of this Agreement have been duly authorized by all requisite
action by the Developer, and this Agreement is a valid and binding obligation of the
Developer enforceable in accordance with its respective terms, except as may be affected
by applicable bankruptcy or insolvency laws affecting creditors' rights generally.
(c) The Developer is not in default in the performance, observance or fulfillment of
any of the obligations, covenants or conditions contained in any material agreement or
instrument to which the Developer is a party or by which the Developer or any of its
property is bound that would have any material adverse effect on the Developer's ability
to perform under this Agreement.
(d) To its best knowledge, Developer is not a party to or otherwise bound by any
agreement or instrument or subject to any other restriction or any judgment, order, writ,
injunction, decree, award, rule or regulation which could reasonably be expected to
materially and adversely affect the Developer's ability to perform its obligations under this
Agreement.
(e) The Developer fully intends, subject to the conditions set forth in this Agreement,
to commence and complete the Project.
3.02 In order to induce Developer to enter into this Agreement, City represents and
warrants as follows:
(a) City is a home rule city operating under the laws of the State of Texas and is
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authorized and empowered to enter into this Agreement. By Resolution of the City Council,
the Mayor has been duly authorized to execute and deliver this Agreement.
(b) The City has the authority to levy, assess, and collect ad valorem taxes on the
Property and to use the taxes collected by it from property within the City, including the
Property, as provided in this Agreement.
ARTICLE IV.
THE UNIVERSITY DRIVE EXTENSION PROJECT
DESIGN AND PHASE I CONSTRUCTION
4.01 Design. Within 30 days of the Effective Date of this Agreement, Developer shall
engage a Professional Engineer, licensed in the State of Texas and proficient in Civil Engineering
(the "Engineer"), to design the University Drive Expansion Project in accordance with City of
Bryan Engineering Standards and Specifications applicable to a major arterial thoroughfare and in
an approximate alignment as shown in Exhibit `B" (the `Design Plans"). The Design Plans shall
be subject to review and final approval by the City Engineer.
4.02 Right of Way. Upon approval by the City Engineer of the Design Plans, it shall
be the responsibility of the Developer to acquire temporary construction easement rights in, over
and through the adjacent property which, when combined with portions of the Property, totals 120
feet wide as is necessary for the construction of permanent right-of-way and all necessary
appurtenances for the Phase 1 University Drive Public Improvements in accordance with the City
of Bryan Engineering Standards and Specifications and the approved Design Plans. The temporary
construction easement rights to be acquired by Developer shall be by their terms assignable to the
City.
4.02.1 The Developer's obligation to acquire the temporary construction easement rights,
as set out in Section 4.02 above, shall be conditioned upon the City and the adjacent
property owner(s) reaching an agreement, whereby the adjacent property owner(s) agree
to convey to the City upon the completion of construction and acceptance by the City
Engineer of the Phase I University Drive Public Improvements, the additional necessary
right of way for the Phase I University Drive Public Improvements, by warranty deed and
at no monetary cost to the City. If the Developer is unable, despite good faith efforts, to
acquire the requisite temporary construction easements rights, or if the City and the
adjacent property owner(s) fail to enter into the aforementioned agreement, Developer shall
notify City and the Parties shall confer within ten (10) business days, and unless they
mutually agree to proceed, this Agreement will automatically terminate.
4.02.2 Upon Completion of Construction of the Phase I University Drive Public
Improvements and the issuance of a letter of acceptance by the City Engineer, Developer
agrees to convey to City, free of cost, and free of any liens and encumbrances, and in
accordance with the City of Bryan Engineering Standards and Specification and the
approved Design Plans, the following:
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(i) that portion of the Property required, when combined with portions from the
adjacent property, for a 120' wide, permanent right-of-way for the Phase 1
University Drive Public Improvements; and
(ii) that portion of the Property 60 feet in width and sufficient when combined with
portions of the adjacent property for a 120' wide permanent riglit of way along
University Drive, commencing at the end point of the permanent right of way for
the Phase 1 University Drive Improvements and extending to the end of the
Property, in Bryan, Texas, as approximately shown on Exhibit "B".
4.02.3 Developer shall convey to the City in fee simple that portion of the Property
required for use as permanent right of way, as described above, by a warranty deed in a
form mutually agreeable to the Parties. In the event, the Parties are unable to agree to the
form of the warranty deed, the Parties agree to use the form of warranty deed contained in
the most recent edition of the State Bar of Texas, Texas Real Estate Forms Manual.
4.02.4 In the event, the City should exercise its rights as an obligee under the performance
bond(s) to complete the construction of the Phase I University Drive Public Improvements
under the terms set forth in Section 4.05 below, or should Developer otherwise default
under the terms of this Agreement and does not cure the default within the required cure
period, Developer agrees to assign to City its temporary construction easement rights, and
to convey to City in fee simple by warranty deed the portions of the Property required for
permanent right of way, as described above, at no cost to the City, upon ten (10) days
written notice by the City Manager. Nothing herein shall be construed as a limitation on
the City's right to exercise any and all legal and equitable remedies available to the City.
This provision shall survive the Termination of this Agreement.
4.03 Construction Plans. Before commencing construction of the Phase I University
Drive Public Improvements, Developer shall cause Developer's engaged engineer to prepare the
plans and specifications for the construction of the University Drive Public Improvements in
accordance with the approved Design Plans, which plans shall be submitted for, and subject to, the
review and approval of the City Engineer (the "Construction Plans"). The Developer agrees to
comply with all applicable legal requirements of the City and any other agencies having
jurisdiction. No material modifications to the Construction Plans may be made without review
and approval by the City Engineer, which approval shall not be unreasonably delayed or withheld.
4.04 Competitive Bidding. Construction contracts for the Phase I University Drive
Public improvements shall be let on a competitive bidding basis as required by law applicable to
the City. After preparation of final plans and specifications and their approvals as required by this
Agreement, the Developer shall advertise for or solicit bids for construction as described in the
final plans and specifications. The City's representatives shall be notified of, and invited to attend
when applicable, pre-bid conferences, bid openings, and the award of contracts in accordance with
the notice provision of Section 14.07 of this Agreement. The City shall designate from time to
time in writing the persons who shall be their designated representatives. Failure of the City's
representative to attend any pre-bid conference, bid opening or award of contract meeting shall not
be cause to postpone or otherwise delay such meeting. Developer shall construct the Phase 1
University Drive Public Improvements at its expense and the City agrees to pay Developer the
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Reimbursement Amount under the Terms of this Agreement. If the bids for the Phase I University
Drive Public Improvements would, in reasonable likelihood, result in Public Improvement Costs
that exceed $2,600,000.00, Developer shall notify City and the Parties shall confer within ten (ID)
business days, and unless they mutually agree to take action to amend this Agreement, this
Agreement will automatically terminate. In the event the Developer proceeds under this
Agreement and awards a construction contract(s), Developer shall provide to City copies of the
contracts with each contractor constructing the Phase 1 University Drive Public Improvements
(the" Construction Contract(s)").
4.05 Payment and Performance Bonds. The Developer shall require each contractor
constructing the Phase I University Drive Public Improvements to furnish a payment and
performance bond in an amount equal to the full cost of Developer's construction contract with
that contractor, conditioned on the contractor's full and timely performance under the construction
contract. The payment and performance bond(s) must be in a form approved by the City Attorney
and issued by a corporate surety authorized and admitted to write surety bonds in Texas. If the
amount of the bond exceeds $100,000.00. the surety must be listed on the current list of accepted
sureties on federal bonds published by the United States Treasury Department or reinsured for any
liability in excess of $1,000,000.00 by a reinsurer listed on the U.S. Treasury list. The Developer
and City shall be named as dual obligees for each payment and performance bond(s) and copies of
certificates of such bond(s) shall be delivered to the City.
4.05.1 In the event, Developer fails or refuses to complete the Phase I University Drive
Public Improvements by the Completion Date, the City shall be entitled to exercise its
rights as an obligee under the performance bond(s) and may complete the construction of
the Phase 1 University Drive Public Improvements and charge the performance bond(s) for
the costs. Nothing herein shall be construed as a limitation on the City's right to exercise
any and all legal and equitable remedies available to the City. The provisions of this
subsection 4.05.1 shall survive the termination of this Agreement.
4.06 Insurance. Developer shall require each contractor constructing the Phase I
University Drive Public Improvements to carry the types of insurance and coverage with respect
to the Phase I University Drive Public Improvements as set forth in attached Exhibit "C". The
Construction Contract shall require the contractor to deliver to the City Manager certificates of
insurance evidencing such coverage before the Commencement of Construction and shall provide
that within ten (I0) days before expiration of coverage, or as soon as practicable, renewal policies
or certificates of insurance evidencing renewals and payment of premium shall be delivered by
each of the Developer's construction contractor(s) to the City Manager.
4.07 Utilization of Local Contractors and Suppliers. The Developer agrees to
exercise commercially reasonable efforts to utilize local contractors and suppliers in the
construction of the University Drive Public Improvements, with a goal of at least 30% of the total
dollar amount of all construction contracts and supply agreements being paid to local contractors
and suppliers. A contractor or supplier shall be considered as local if it has maintained an office
within the City for at least one year.
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4.08 Construction. The Developer shall Continence Construction of the Phase I
University Drive Public Improvements not later than six (6) months after the final approval by the
City Engineer of the Construction Plans, and subject to events of Force Majeure, shall cause
Completion of Construction to occur not later than 12 months after the Commencement of
Construction (the "Completion Date"). Prior to commencement of construction of any Phase I
University Drive Public Improvements, the Developer or its engaged engineer will give written
notice by certified mail or hand -delivery to the City Manager stating the date that construction will
be commenced. Construction of the Phase I University Drive Public Improvements will be in
accordance with the approved Construction Plans, and with the applicable City of Bryan
Engineer's Standards and Specifications. During the progress of the construction and installation
of the Phase I University Drive Public Improvements, the City may conduct periodic, on -the -
ground inspections.
4.08.1 Developer shall construct the Phase I University Drive Public Improvements at its
own expense, provided however, City shall reimburse Developer all Public Improvement
Costs reasonably incurred for and/or directly in connection with the construction of the
Phase 1 University Drive Public Improvements in accordance with dre Construction Plans,
in a total aggregate amount, not to exceed the Maximum Reimbursement Amount, under
the terms and conditions set forth herein. Public Improvement Costs in excess of the
Maximum Reimbursement Amount shall be borne solely by the Developer, provided
however, City and Developer agree to collaborate in good faith to accommodate necessary
changes in the roadway design and construction that may arise during the construction of
the Phase 1 University Drive Public Improvements and will negotiate in good faith any
amendments of this Agreement to increase the Maximum Reimbursement Amount.
4.09 Mechanics' Liens. Developer is expressly prohibited from subjecting the Phase I
University Drive Public Improvements to any liens of mechanics, artisans, laborers, materialmen,
contractors or subcontractors, or to any other liens or charges whatsoever arising out of any
construction and development work arising in any other manner in connection with the
construction of the Phase 1 University Drive Public Improvements.
4.10 Final Acceptance of Public Improvements. The City will not issue a Letter of
Acceptance for the Phase I University Drive Public Improvements until they are completely
constructed (Final Completion) to the satisfaction of the City Engineer. However, upon substantial
completion a "punch list" of outstanding items shall be presented to Developer's contractors
indicating those outstanding items and deficiencies that need to be addressed for Final Completion
of the Development.
4.10.1 When construction of the Phase 1 University Drive Public Improvements is finally
completed by the contractor, in accordance with this Agreement, and the following items
have been accomplished, the City will accept the project as being complete, as evidenced
by the issuance of a letter of acceptance by the City Engineer to the Developer:
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a. A final inspection of all improvements has been accomplished and the resulting
`Punch List' corrected; and
b. The contractor has provided the City a Maintenance Bond, equal to one hundred
percent (100%) of the approved cost estimates provided by the developer indicating that
he will be responsible for defects in the project due to faulty materials and/or workmanship
for a period of one (1) year from date of final acceptance; and
C. The developer has submitted an "All Bills Paid Affidavit" from the Contractor and
Developer evidencing to the City that final payment to the contractor has been made, and
that all subcontractors and persons furnishing labor and materials have been paid in full
and all claims settled, and
d. The required "as built' construction plans have been submitted to and accepted by
the City, and
e. The certification of the Developer's design engineer as to the completeness of the
"as built" drawings has been submitted to the City Engineer.
4.11 Title vests in the City. Upon issuance of the Letter of Acceptance and payment to
Developer of the Approved Final Payment, as defined below, title to all of the University Drive
Public Improvements shall be vested in the City and Developer relinquishes any right, title or
interest in and to such improvements or any part thereof. It is understood and agreed that the City
shall have no liability or responsibility in connection with such improvements until title vests in
the City, as stated herein.
ARTICLE V.
THE UNIVERSITY DRIVE EXTENSION
REIMBURSEMENT
5.01 Separate and apart from the Chapter 380 Payments listed below, City agrees to
reimburse Developer for the actual costs reasonably incurred and expended by Developer for the
design of the University Drive Expansion Project, and the construction of the Phase 1 University
Drive Public Improvements (the "Reimbursement Amount", as further defined in Article I) in a
total not -to -exceed amount of TWO MILLION SIX HUNDRED THOUSAND DOLLARS
($2,600,000.00) (the "Maximum Reimbursement Amount"), under the terms as set forth herein.
5.02 Pre -Construction Payment. Developer shall submit a Reimbursement Request for
all Public Improvement Costs reasonably incurred and expended by Developer prior to the Bid
Opening, directly in connection with the design of the University Drive Expansion Project, along
with the invoices, paid receipts and other supporting documentation from the engineers,
contractors, or other vendors. The application for Pre -Construction Payment shall be reviewed and
approved by the City, which approval shall not be unreasonably withheld or delayed, and the City
shall reimburse Developer for all approved Pre -Construction Public Improvement Costs in a not -
to -exceed amount of $ 525,000.00 (the "Pre -Construction Payment"). The City shall make
reasonable efforts to make the Pre -Construction Payment within thirty (30) days of the receipt of
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the application for reimbursement. Upon payment to Developer of the approved Pre -Construction
Payment, the Design Plans, Construction Plans, surveys, testing reports and the Developer's
Engineer's cost estimates shall become the property of the City.
5.03 Periodic Construction Payments. During the construction of the Phase I
University Drive Public Improvements, City agrees to pay to Developer not more frequently than
monthly the Public Improvement Costs reasonably incurred by Developer for construction of the
Phase 1 University Drive Public Improvements based upon the Periodic Payment Request
submitted by the Developer and approved by the City Engineer, which approval shall not be
unreasonably withheld or delayed ( the "Periodic Construction Payments"). Each monthly Periodic
Payment Request shall also include receipts or other sufficient documentation, as reasonably
determined by the City Engineer, evidencing Developer's payment in full of the prior month's
Periodic Construction Payment to the contractors in accordance with the prior month's Periodic
Payment Request. The Developer agrees to timely pay all contractors in accordance with the
Periodic Payment Request paid by the City. The failure of the Developer to provide sufficient
documentation evidencing payment to the contractors as required herein, shall constitute a default
of this Agreement. In such event, the City shall provide notice and opportunity to cure in
accordance with Section 9.02 of this Agreement. The City may withhold additional Periodic
Payments until Developer cures the default.
5.03.1 The City shall make reasonable efforts to make Periodic Construction Payments
within thirty (30) days of the receipt of a complete Periodic Payment Request. The City shall make
Periodic Payments up to an aggregate amount not to exceed the Maximum Reimbursement
Amount minus the dollar amount of the retainage, as may be provided for in the construction
contract for the Phase I University Drive Expansion Project.
It is expressly understood and agreed that the City's obligation to reimburse the Developer the
approved Public Improvement Costs, which have been incurred in compliance with this
Agreement, whether in the form of a Pre -Construction Payment, Periodic Construction Payment,
or Final Payment, will survive the termination of this Agreement. Provided however, that nothing
herein shall be construed to limit the City's available rights and remedies in the event of a breach
of this Agreement by Developer.
5.04 Close Out by Developer. After completion of construction and prior to acceptance
by the City Engineer of the Phase 1 University Drive Public improvements, Developer must
furnish to City (i) the "as -built' drawings, (ii) an affidavit of "all bills paid" from the Construction
Contractor, and (iii) a verified Statement of Public Improvement Costs with respect to the
completed work; (iv) design engineer's certification of the completeness of the "as -built"
drawings.
5.05 Final Payment. The City shall make its final payment of the Reimbursement
Amount to Developer, which amount shall consist of all remaining Public Improvement Costs
reasonably and necessarily incurred and expended by Developer in compliance with this
Agreement (the "Final Payment"), upon the occurrence of all of the following events: (i)
Completion of construction of the Phase I University Drive Public Improvements and the issuance
of a Letter of Acceptance by the City Engineer; (ii) Submission to the City by the Developer of
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the "as -built" drawings and an "all -bills -paid" affidavit for the construction of the Phase 1
University Drive Public Improvements; (iii); Conveyance to the City by Developer of its portion
ofthe right of way for the Phase 1 University Drive Public Improvements in fee simple by warranty
deed; (iv) A certification bearing the signatures of the design engineer as to the completeness of
the "as -built" drawings; and (v) submission of a verified application for Final Payment to include
with supporting invoices submitted by the engineers, contractors, or other vendors and(vi)
submission by Developer of a complete Reimbursement Request; and (vii) the approval of the
Final Payment amount by the City Engineer, which approval shall not be unreasonably delayed or
withheld. The City shall make reasonable efforts to pay to Developer the approved Final Payment
amount (die "Approved Final Payment") within 30 days of the occurrence of all of the foregoing
prerequisites to payment.
ARTICLE VI.
THE OAKMONT DEVELOPMENT
CHAPTER 380 PROGRAM
6.01 If the Developer performs the following requirements, pertaining to the Project,
City agrees to pay to Developer the Chapter 380 Payments as stated in this Agreement:
(a) As consideration of and part of the Chapter 380 Agreement, Developer shall
Commence Construction of the Subdivision Improvements for Phase 1 of the Project
within twelve (12) months after the acceptance by the City Engineer of the Phase I
University Drive Public Improvements.
(b) During the Term of this Agreement, Developer shall expend a minimum of
$25,000,000.00 in Project Development Costs by the conclusion of 12 years after the First
Year of Cash Incentives ( the "Investment Requirement').
(c) As a condition precedent to the City's obligation to make a Chapter 380 payment
in any given year during the term of this Agreement, Developer, at a minimum, must: (i)
Complete Construction of the Subdivision Improvements for Phase l of the Project; and
(ii) obtain and/or maintain a minimum Incremental Taxable Value of the Property in any
given calendar year of at least $5,000,000.00.
(d) During the Term of this Agreement, Developer shall not allow the ad valorem taxes
owed to City on the Property owned by the Developer, or any other property owned by
Developer and located within the City of Bryan, to become delinquent beyond the date
when due, as such date may be extended to allow for any protest of valuation or appeal.
Nor shall Developer fail to render for taxation any property owned by Developer and
located within the City of Bryan.
(e) Developer agrees to use commercially reasonable efforts to pursue new commercial
and retail tenants and End -Users to add value to the Property and create new jobs.
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ARTICLE VII
GENERAL REQUIREMENTS
7.01. Developer agrees as good and valuable consideration for this Agreement that
construction of the Improvements by Developer will be in accordance with all applicable federal,
state and local laws, city codes, ordinances,.rules and regulations.
7.02 This Agreement shall not constitute a waiver by the City of any codes, ordinances,
rules and regulations. Further, Developer acknowledges that by executing this Agreement, no
entitlement or agreements concerning zoning or land use shall arise, either implied or otherwise.
7.03 Construction plans for the Improvements constructed on the Property by
Developer will be filed with City, which shall be deemed to be incorporated by reference herein
and made a part hereof for all purposes.
7.04 Developer agrees to maintain the Improvements owned by it during the term of this
Agreement in accordance with all applicable federal, state and local laws, city codes, ordinances,
rules and regulations.
7.05 City, its agents and employees shall have the right of access to the Property during
construction by Developer to inspect the Improvements at reasonable times and with reasonable
notice to Developer, and in accordance with visitor access and security policies of Developer and
Developer's tenants, in order to insure that the construction of the Improvements are in accordance
with this Agreement and all applicable state and local laws and regulations (or valid waiver
thereof).
7.06 Developer agrees to include the following paragraph in any land sales contract for
the Property:
(i) Buyer agrees that construction of the Improvements will be in accordance with all
applicable state and local laws, codes and regulations;
(ii) Construction plans for the Improvements constructed on the Property will be filed with
City, which shall be deemed to be incorporated by reference herein and made a part hereof
for all purposes;
(iii) Buyer agrees to maintain the Improvements owned by it during the term of this
Agreement in accordance with all applicable state and local laws, codes, and regulations;
and
(iv) City, its agents and employees shall have the right of access to the Property during
construction by Buyer to inspect the Improvements at reasonable times and with reasonable
notice to Buyer, and in accordance with visitor access and security policies of Buyer and
Buyer's tenants, in order to insure that the construction of the Improvements are in
accordance with this Agreement and all applicable state and local laws and regulations (or
valid waiver thereof).
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ARTICLE VIII.
THE CHAPTER 380 PAYMENTS
8.01 Condition Precedent. The City's obligation to make the Chapter 380 Payment to
Developer as set forth herein is contingent and conditioned upon: (i) Developer's Completion of
Construction of the Subdivision Improvements for Phase 1 of the Project, and (ii) A minimum
Incremental Taxable Value of the Property in the then preceding calendar year of at least FIVE
MILLION DOLLARS ($5,000,000.00); and (iii) Developer is in compliance with all of the terns
and conditions set forth in this Agreement.
8.02 Subject to the Developer's compliance with the conditions precedent set forth in
Section 8.01 above, City agrees to pay to Developer annually an amount equal to one hundred
percent (100%) of the Ad Valorem Tax Revenues collected by the City on the Incremental Taxable
Value of the Property for the preceding calendar year by the Developer and/or any End User in
accordance with the terms of this Agreement, provided that the total amount of Chapter 380
Payments paid to Developer under this Agreement shall not exceed TEN MILLION DOLLARS
($10,000,000.00).
8.03 Subject to the Developer's compliance with the conditions precedent set forth in
Section 8.01 above, City further agrees to pay to Developer as a Cash Incentive an amount equal
to one hundred percent (100%) of the rollback taxes assessed and collected by the City on the
Property since the Effective Date of this Agreement (the "Rollback Tax Payment"). The First Year
Cash Incentives shall also include the Rollback Tax Payment.
8.04 In no event will the Chapter 380 Payment paid in connection with a tax year exceed
the amount of ad valorem taxes actually collected by the City on the Property by July l for such
tax year, and any rollback taxes previously collected by the City on the Property.
8.05 The City's obligation to make the Chapter 380 Payment(s) hereunder is subject to
annual appropriation by the Bryan City Council, which the City agrees to use good faith efforts to
appropriate such funds each year during the Term of this Agreement. Under no circumstances shall
City's obligations hereunder be deemed to create any debt within the meaning of any constitutional
or statutory provision. None of the City's obligations under this Agreement shall be pledged or
otherwise encumbered in favor of any commercial lender and/or similar financial institution or
other party.
8.06 The total amount of Chapter 380 Payments paid by the City under this Agreement
shall in no event exceed TEN MILLION DOLLARS ($10,000,000.00), at which time City's
obligation to make the Chapter 380 Payments to Developer ends.
8.07 City will remit the first Chapter 380 Payment to Developer no later than sixty (60)
days after receipt by the City Manager of a proper Payment Request from the Developer in
accordance with the terms of this Agreement. Beginning with the First Year of Cash Incentives,
Developer may only submit a Payment Request during the period commencing July 1 and ending
on December 31 of any given year. The failure by Developer to timely submit to the City Manager
a Payment Request will result in the forfeiture of the Chapter 380 Payment attributable to that tax
year.
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8.08 During the term of this Agreement, Developer shall be subject to all taxation,
including but not limited to, sales tax and ad valorem taxation; provided, this Agreement does not
prohibit Developer from claiming any exemptions from tax provided by applicable law.
ARTICLE 1X.
DEFAULT
9.01 Events of Default. Developer shall be in default of this Agreement upon the
occurrence of any of the following during the term of this Agreement:
(a) Developer fails to comply with any of its obligations under this Agreement;
(b) Developer fails to file any required report or statement or to give any required
notice pursuant to this Agreement; or
(c) Developer fails to timely pay any sales or property taxes owed to the City and fails
to properly follow legal procedures for protest or contest of such taxes.
9.02 If the Developer should default in the performance of any obligation of this
Agreement, the City shall provide Developer written notice of the default, and a minimum period
of thirty (30) days to cure such default, prior to pursuing any remedy for default.
9.03 If Developer remains in default after notice and opportunity to cure, City shall have
the right to (i) suspend the Chapter 380 Payments or (ii) terminate the Agreement and the Chapter
380 Payments which have accrued after the date of default; and (iii) to exercise all available
remedies at law and at equity.
9.04 Recapture. In the event the Developer defaults by failing to satisfy the Investment
Requirement of Section 6.01(b), the City shall have the right to recapture all Cash Incentives paid
during the Term of this Agreement by City to Developer in excess of the amount that is determined
by multiplying the Maximum Payment Amount by a fraction where the numerator is the actual
Project Development Costs and the denominator is the amount of Project Development Costs
required under Section 6.01(b). For example, if the actual Project Development Costs totaled
$20,000,000, the City shall have the right to recapture all Cash Incentives paid during the Term of
this Agreement in excess of $8,000,000 ($10,000,000 Max. Payment Amount x $25,000,000) If the
s25,000,000
City exercises its right to recapture any amount of Cash Incentives, the Developer shall pay to City
the total amount subject to recapture within ninety (90) days of the City's written demand
therefore. Any amounts not timely paid shall bear interest at the rate of 10% percent annually.
, 9.05 The provisions regarding termination of the Agreement and the recapturing of
previously paid Cash Incentives shall also apply should the Developer fail to pay sales or property
taxes owed to the City and fails to properly follow legal procedures for protest or contest of such
taxes, but only to the extent of the sales or property taxes owed to the City and which Developer
has failed to pay.
9.06 The Developer's obligation to repay any recapture amounts to the City under
Section 9.04, and the City's right and authority to pursue any default and to recover all of the
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Chapter 380 Payments made to Developer under this Agreement shall survive the termination of
this Agreement.
ARTICLE X
EVENTS OF FORCE MAJEURE
10.01 It is expressly understood and agreed by the Parties to this Agreement that if the
performance by either Party of any obligation hereunder is delayed by reason of an event of Force
Majeure, the Party so obligated or permitted shall be excused from doing or performing the same
for the time and to the extent necessary to allow the affected Party to overcome the event of Force
Majeure and resume performance thereof. The Party claiming delay of performance as a result of
an event of Force Majeure shall deliver written notice of the commencement of such delay to the
other Party as soon as reasonably practicable after the claiming Party becomes aware of the same,
and if the claiming Party fails to so notify the other Party of delay caused by a Force Majeure
event, the claiming Party shall not be entitled to extend the time for performance as provided
herein.
ARTICLE XI.
TERMINATION
11.01 This Agreement shall terminate upon anyone or more of the following:
(a) In the event, after the completion and acceptance by the City Engineer of the Phase
I University Drive Public Improvements, the Developer elects not to proceed with the
Project as contemplated by this Agreement, Developer shall notify the City in writing, and
this Agreement and the obligations on the part of both parties, save and except for the
City's obligations to reimburse all Public Improvement Costs, shall be deemed terminated
and of no further force or effect.
(b) By mutual agreement of the Parties;
(c) Expiration Date;
(d) Developer has been paid the Maximum Payment Amount.
(e) By City, if the Developer suffers an event of Bankruptcy or Insolvency;
(0 By City or Developer in the event the other Party breaches any of the terms or
conditions of the Agreement and any such breach is not cured within thirty (30) days after
written notice;
(g) If the Developer sells or otherwise conveys the Property or any portion of the
Property to a third party, other than an Affiliate as defined herein, prior to the Property
obtaining a minimum Incremental Taxable Value of $5,000,000, the City's obligations
under this Agreement to make any Chapter 380 Payments to Developer shall terminate as
of the conveyance date.
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ARTICLE XII.
INDEMNIFICATION
12.01 Developer does hereby agree to waive all claims, release, indemnify, defend
and hold harmless the City, and all of their officials, officers, agents and employees, in both
their public and private capacities, from and against any and all liability, claims, losses,
damages, suits, demands or causes of action including all expenses of litigation and/or
settlement, court costs and attorney fees which may arise by reason of injury to or death of
any person or for loss of, damage to, or loss of use of any property occasioned by the error,
omission, or negligent act of Developer, its officers, agents, or employees arising out of or in
connection with the performance of this Agreement, and Developer will at its own cost and
expense defend and protect the City from any and all such claims and demands. The
indemnification obligation herein provided shall not be limited in anyway by any limitation
on the amount or type of damages, compensation or benefits payable by or for the Developer
or any contractor or subcontractor under workman's compensation or other employee
benefit acts.
ARTICLE XIII
REPORTING AND AUDITING
13.01 Compliance Certification. Developer shall, before December 31 of each calendar
year that the Agreement is in effect, certify in writing to City that it is in compliance with each
term of the Agreement, using the certification form attached hereto as Exhibit "D". The submission
of these reports shall be the responsibility of Developer and shall be signed by an officer of the
Developer. In addition, by the conclusion of 12 years after the First Year of Cash Incentives or
upon the earlier expenditure of $25,000,000.00 in Project Development Costs by the Developer,
whichever occurs first, Developer shall provide to City evidence in the form of a sworn cost
statement signed by an officer of the Developer that the Developer has complied with the
Investment Requirement of Section 6.01(b) or attesting to the actual amount of Project
Development Costs.
13.02 Maintenance of Records. Developer shall be responsible for maintaining records
of all costs incurred and payments made for the Project, the University Drive Expansion Project,
and the Phase I University Drive Public Improvements, and all records evidencing compliance
with all Developer obligations required under this Agreement. Developer shall maintain such
records for a period of five (5) years after termination of this Agreement.
13.03 Access to Records/ Right to Audit. Developer shall allow City reasonable access,
during normal business hours, to review and audit its records and books and all other relevant
records related to the Agreement upon five (5) business days' prior written notice to the Developer.
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ARTICLE XIV.
MISCELLANEOUS
14.01 Incorporation of Recitals. The determinations recited and declared in the
preambles to this Agreement are true and correct and are hereby incorporated herein as part of this
Agreement.
14.02 Entire Agreement. This Agreement, including any exhibits hereto, contains the
entire agreement between the parties with respect to the transactions contemplated herein.
14.03 Exhibits, Titles of Articles, Sections and Subsections. The exhibits attached to
this Agreement, if any, are incorporated herein and shall be considered a part of this Agreement
for the purposes stated herein. All titles or headings are only for the convenience of the parties
and shall not be construed to have any effect or meaning as to the agreement between the parties
hereto. Any reference herein to a section or subsection shall be considered a reference to such
section or subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit
shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated.
14.04 Amendments. This Agreement may only be amended, altered, or terminated by
written instrument signed by all parties.
14.05 Assignment. Developer may not assign this Agreement without the prior written
consent of the City Manager, except that Developer may assign this Agreement in whole or in part
to an Affiliate or in connection with any merger, reorganization, sale of all or substantially all of
its assets or any similar transaction; provided that Developer provides the City Manager with
written notice promptly after any such assignment. The Agreement will be binding upon, inure to
the benefit of, and be enforceable by the Parties and their respective successors and assigns.
14.06 No Waiver. Failure of any party, at any time, to enforce a provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity
of this Agreement, any part hereof, or the right of either patty thereafter to enforce each and every
provision hereof. No term of this Agreement shall be deemed waived or breach excused, unless
the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any
consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other
different or subsequent breach.
14.07 Notices. Notices under this Agreement are sufficient if given by nationally
recognized overnight courier service, certified mail (return receipt requested), facsimile with
electronic confirmation, or personal delivery to the other Party at the address below. If no address
is listed for a Party, notice to such Party will be effective if given to the last known address. Notice
is effective: (a) when delivered personally, (b) three business days after sending by certified mail,
(c) on the business day after sending by a nationally recognized courier service, or (d) on the
business day after sending by facsimile with electronic confirmation to the sender. Each Party
may update its contact information by notice to the other. Routine business and technical
correspondence must be in English, and may be in electronic form. The contact information for
each Party is as follows:
20
Vol.
CITY:
City of Bryan, Texas
Attn: City Manager
P.O. Box 1000
Bryan, Texas 77805-1000
Telephone: (979)209-5100
Facsimile: (979) 209-5003
EXECUTION COPY
DEVELOPER:
Adam Development Properties, L.P.
Attn: Marcos Rosales
One Momentum Blvd., Suite 1000
College Station, Texas 77845
Telephone: (979) 776-1111
Facsimile: (979) 599-9532
With a copy to:
Allen Boone Humphries Robinson LLP
Attn: Stephen M. Robinson
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
14.08 Applicable Law and Venue. This Agreement is made, and shall be construed and
interpreted under the laws of the State of Texas. Venue for an), legal proceedings shall lie in State
courts located in Brazos County, Texas. Venue for any matters in federal court will be in the United
States District Court for the Southern District of Texas, Houston Division.
14.09 Severability. In the event any provision of this Agreement is illegal, invalid, or
unenforceable under the applicable present or future laws, then, and in that event, it is the intention
of the Parties that the remainder of this Agreement shall not affected thereby, and it is also the
intention of the patties to this Agreement that in lieu of each clause or provision that is found to be
illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision to be illegal, invalid or
unenforceable.
14.10 Third Parties. The City and Developer intend that this Agreement shall not benefit
or create any right or cause of action in or on behalf of any third -patty beneficiary, or any individual
or entity other than the City and Developer or permitted assignees of the City and Developer,
except that the indemnification and hold harmless obligations by Developer provided for in this
Agreement shall inure to the benefit of the indemnitees named herein.
14.11 No Joint Venture. Nothing contained in this Agreement is intended by the parties
to create a partnership or joint venture between the Parties, and any implication to the contrary is
hereby expressly disavowed. It is understood and agreed that this Agreement does not create a
joint enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever.
Except as otherwise specifically provided herein, neither Party shall in any way assume any of the
liability of the other for acts of the other or obligations of the other.
14.12 Employment of Undocumented Workers. During the term of this Agreement,
Developer agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S.C. Section 1324a (f), Developer shall repay to City all Cash Incentives
received under this Agreement as of the date of such violation within 120 days after the date
21
EXECUTION COPY
Developer is notified by City of such violation, plus interest at the rate of 5% simple interest from
the date of Developer's receipt of the Cash Incentives until repaid.
14.13 Agreement for Goods and Services. To the extent permitted by law, the City and
Developer mutually warrant, represent, and agree that this Agreement states the essential terms for
the Developer to provide goods or services to the City as contemplated by Texas Local Government
Code §271.151(2)(A).
14.14 No Personal Liability. No elected official of the City, officer or employee of City
shall be personally liable to the Developer or any successor in interest of Developer, in the event
of any default or breach by the City, or for any amount which may become due to Developer or to
its successor in interest, or for breach of any obligation under the terms of this Agreement.
14.15 Right of Offset. The City may deduct from any Chapter 380 payments, as an offset,
any delinquent and unpaid utility charges, or other unpaid fees, charges, or taxes assessed and
other sums of money owed to, or for the benefit of, the City by Developer; provided that, before
offsetting such sums, the City must provide Developer with (a) advance notice of such offset, (b)
sixty days to take action to remedy the situation giving rise to the offset, and/or (c) reasonable
opportunity, at its own expense, to contest such offset.
14.16 Independent Contractor. Developer shall at all times during the Term of this
Agreement remain an independent contractor.
14.17 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original, but all of which constitute one instrument.
[Signature Page Follows]
22 `)
EXECUTION COPY
EXECUTED in duplicate originals to be effective as of the Effective Date.
CITY OF BRYAN, TEXAS: ADAM DEVELOPME _ PRO ETIES, L.P.
Jason P. Bienski, Mayor Stephanie Adam Malechek, P siden
Date: Date:
ATTEST:
Mary Lynne Stratta, City Secretary
APPROVED AS TO FORM:
K. Hampton, City Attorney
23
Vol. _o� 2 % pg. o���
EXHIBIT "D"
SPATE OF TEXAS
CITY OF BRAZOS
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
ANNUAL CERTIFICATION FORM
REPORTING YEAR 20_
1, the authorized representative and officer of the Adam Development Properties. LP do
hereby certify to the Commissioners' Court of Brazos County, Texas ("County") that Adam
Development Properties, LP is in full compliance with the terms of the Chapter 381 Economic
Development Incentive Agreement with the County, entered into on the _ day of , 2015.
Signed this _ day of 20_.
Print Name Signature Title
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day , 20, by
as the of Adam Development Properties, LP on behalf of said company.
Notary Public, State of Texas
Vol. _ % Pg. 02 _
AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171
STATE OF TEXAS §
COUNTY OFBRAZOS § q,�
BgEF�ORE ME, the undersigned authority, on Zvi J personally appeared
Vu"ii �� T Q.1�S who being duly sworn, deposes and says:
1. That he/she has a substantial interest in a business entity orreal property. Official actiontaken by the
Commissioners Court of BrewCounty, concerning Item No. �
Brazos Coun Teals concernin A � a ►10
r r of the Court
Agendadated (�'�1'� 5 describedas EA (l'�1 V Se6S10n Yiufsl"Sj-' 4-1)
Dlr''� • U YA ..�� . n�1 tGi would have a tai nomic.effect on that
B C9h oArl i L DCV. Bre P,vine n 1' k1 i HOLM co( -e
business entity or a special economic effect onthe value ofthe real property, that is distinguishable froatthe effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
a. Ownership of 10 percent or more of the voting stock or shares of the business entity.or either
l0 percent or more or $15,000 or more of the fair market value of the business entity; or
() b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
() c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
() d. A person related in the fust degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
()
a-
3. That I will abstain from participation in the
in
SWORN TO AND SUBSCRIBED BEFORE ME this the) 1 day of�oyP.m tz0_.
Filed:
Notary Public in and for
The State of Texas
County Clerk
Vol. � '7 pg.
g � /
FILED
by law.
a4
Ilf•.T11ANYiI..CKSTROM
aaY••
m
NjmiryJ'V.X
3TK1'f•.11t 1'RxAC
My Camm.l!sp. 0x/11421119
Filed:
Notary Public in and for
The State of Texas
County Clerk
Vol. � '7 pg.
g � /
FILED
by law.
CONTRACT AND AGREEMENT FOR
POST ADJUDICATION SERVICES
OF JUVENILE OFFENDERS
STATE OF TEXAS
COUNTY OF NUECES
NUECES COUNTY JUVENILE BOARD
NUECES COUNTY ROBERT BARNES FACILITY
RESIDENTIAL SERVICES
September 1, 2015 — August 31, 2016
This Agreement is entered into by and between Nucecs County Juvenile Board, at the request of and on
behalf of the Nuecas County Juvenile Probation Department (collectively referred to as "Service
Provider") and Brazos County Juvenile Probation Department (referred to as "Juvenile Probation')
concerning residential care services provided at the Robert N. Barnes Regional Juvenile Facility by the
Nueces County Juvenile Department pursuant to license granted by the Texas Juvenile Justice
Department, and/or any other appropriate State agency with licensure or regulatory authority over the
facility.
ARTICLE l
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
term residential care for children adjudicated to have committed delinquent conduct or conduct
indicating a need for supervision. The placement racility to be utilized operated by Service
Provider, and is located at 2310 Gollihar Rd, Corpus Christi, Texas 78415.
ARTICLE 11
TERM
2.01 The term of this agreement is for 12 months, commencing September 1, 2015 and ending
August 31, 2016, unless one parry notifies the other in writing, at least thirty (30) days prior to
the expiration of said term.
RESIDENTIAL CONTRACT Page 1
Vol.. Pg. o
ARTICLE Ill
SERVICES
3.01 Service Provider will provide the following level of care services:
A. Moderate
The level of care services delivery criteria as well as the required description of the
characteristics of children will be in accordance with the definitions determined by the Texas
Juvenile Justice Department.
3.02 Service Provider will perform the following services:
A. Provide basic residential services, including: standard supervision by qualified adults, food
and snacks, recreation, personal hygiene items, haircuts, transportation, school supplies,
room, (rent, utilities, maintenance, telephone).
B. Provide and document paraprofessional counseling, off -campus visits or furloughs, major
incidents and worker contacts. Any and all costs associated with off-eompus visits or
furloughs will be paid by the parent or guardian
C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile
Probation staff and contracted children for the purpose of justifying continued placement.
Justification shall be done at a minimum of every ninety (90) days. A copy of the placement
Justification shall be submitted to the Juvenile Probation Department within ten (10) working
days.
D. Ensure that the child's parent(s) or legal guordion(s) and the Juvenile Probation are notified if
a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in
a serious accident. The Probation Officer and parents will be informed Immediately if during
working hours. After normal working hours, every effort will be made to notify Juvenile
Probation and the parents. In the event of serious illness or accident and for any required
follow-up care Service Provider shall be responsible for having the child transported to the
nearest hospital or emergency care facility,
E. Provide to the Juvenile Probation Department a written Individualized Treatment/Case Plan
developed in concert with the client and mutually agreed upon by the appropriate Service
Provider staff and the Probation Officer within thirty (30) days of placement. Said
individualized Trealment/Case Plan shall include measurement of progress towards goals in
the following nine (9) domains: medical; safety and security; recreational; educational;
mental behavioral health; relationship; socialization; permanence; parent and child
participation.
Initiate and document meetings to review the Individualized Program Pian with the child and
the assigned Residential Services Probation Officer at reasonable intervals, not to exceed
ninety (90) days, to assess the child's progress toward meeting goals set forth, making
modifications when necessary and determining the need for continued placement outside of
the child's natural home. The Individualized Treatment Plan shall contain the reasons why
the placement may benefit the client; shall specify behavioral goals and objectives being
sought for each client; shall stale how the goals and objectives are to be achieved in the
placement; shall state how the parcm(s), guardion(s), and, where possible, grandparents and
RESIDENTIAL CONTRACT Page 2
Vol.: Z. P9•_r 7_
other extended family members will be involved in the program plan to assist in preventing
controlling the child's objectionable behavior.
G. Maintain copies of the original Individualized Program Plan and the periodic reviews.
H. Provide the Juvenile Probation Department with a written report of the child's progress on a
monthly basis in a Monthly Progress Report
L Document and maintain records of all goods and services provided to contracted children.
These records shall contain, but are not limited to: hours of services provided, number of
children served, average length of stay per client, total hours of counseling or treatment
provided. These records shall be made available to Juvenile Probation for periodic
inspection.
Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but arc not limited to:
percentage of youth in program successfully achieving set educational goals, percentage of
youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations mode
by the Department of Family and Protective Services or any law enforcement agency due to
reports of abuse and/or neglect. These records shall be made available to Juvenile Probation
for periodic inspection.
K. Any and all medical, dental, psychiatric treatment and medication required to meet the needs
of the child, as well as clothing, or other expenses not provided for in the Service Provider's
program, shall be the sole responsibility of the said child's parent(s), guardion(s), court
ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation
or health insurance. However in no case shall a child be denied any needed
medical/psychiatric treatment or clothing due to the inability to pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider.
1. Ensure children complete residential placement.
3. Prevent re -referrals of children during the six (6) months following release from
residential placement.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
I. The total number of children placed in residential placement.
3. The total number of children who were discharged from residential placement
successfully.
RESIDENTIAL CONTRACT Page 3
Vol. Pg. -3
3. The total number or re -referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
I. Percentage of children in residential placement who will complete their placement as a
successful discharge.
2. Percentage of children who have completed their placement and not re -referrals within
six (6) months after release.
Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a
guaranty of outcome or performance by any child.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the
foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation
in order to monitor Service Provider for programmatic compliance with this Agreement.
ARTICLE V
COMPENSATION
5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the
Service Provider the sum of 590.00 per day for each juvenile, admitted under "Moderate" Level
of Care. The daily rate shall be paid to the Service Provider from the initial intake date through
the date prior to the exit date. Thele will be no charge on day of exit.
5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the
Probation Department. The initial psychiatridpsychological evaluation for admission is required
prior to acceptance into the program that has been conducted in within the last 12 months.
5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation
Department on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service Provider
in proper form shall be paid by Juvenile Probation in a timely manner.
5.04 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization
outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the
Administrator of the Facility is authorized to secure the Outside Treatment at The expense of the
Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its
officers, administrator, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of
outside treatment within twenty-four (24) hours of its occurrence.
RESIDENTIAL CONTRACT Page 4
Vol. /� pg. __�
The Juvenile Probation Department sholl make arrangements directly with vendors for the
provision of, and payment for, routine medical expenses, including without limitation,
hospitalization, prenatal services, and dental, for Post -Adjudication Program juveniles and other
juveniles for whom the Administrator has not elected to secure such services as provided herein
above.
Notwithstanding the foregoing, the Service Provider will endeavor to seek and obtain all benefits
available from other sources For eligible juveniles. Any income received by Service Provider
from sources other than this contract, including but not limited to medical insurance coverage, or
contributions from parents or others must be documented as to eachjuvenile for whom a billing is
submitted and deducted from the invoice submitted to the Juvenile Probation Department.
Documentation must include the name(s) and Sm numbers of the parties receiving the services,
the dates and time services were provided and such other information deemed necessary for
adequate fiscal control.
5.05 Service Provider shall account separately for the receipt and expenditure of any and all stale
funds received from Juvenile Probation under this eontMet. Service Provider shall account
separately for stale funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
I. Service Provider has an outside audit completed on a yearly basis which specifies receipt and
expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to
Juvenile Probation by March I following the end of the fiscal year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide
a separate accounting of funds received from Juvenile Probation in whole or in pan paid from
stale funds. The accounting shall clearly list the state funds received from Juvenile Probation and
account Cor expenditures of said funds including documentation of appropriate expenditures as
well as the year's tax forms and documentation. The accounting shall be provided to Juvenile
Probation thirty (30) days prior to the renewal date of the contract.
5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part
with grant or state funds and shall be subject to termination without penalty, either in whole or in
part, if funds are not available or are not appropriated by the Texas Legislature.
5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this
contract, the new rates will become effective reflecting those of the increase.
5.03 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
5.09 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231 A06.
5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in on effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation,
RESIDENTIAL CONTRACT Page S
Vol. � ,� � Pg. .�a2 _
the dispute shall be submitted to mediation before the parties resort to arbitration or litigation.
The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties
shall pay the costs of mediation services equally.
ARTICLE VI
ADDITIONAL TERNIS Pc A REEMENI'S
6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement
shall call the Facility to ensure that space is available. Placement of children by authorized
officers of Juvenile Probation may be denied if space limitations require as determined by the
Facility.
6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order from the Juvenile Court of the County and other documentation required by Service
Provider.
6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct
as fixed and determined by the Administrator and staff of the Facility.
6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally or physically unfit,
dangerous, or unmanageable, unsuitable for the program or combination of such conditions or
characteristics or whose menial or physical conduct would or might endanger rhe other occupants
of the Facility, then the Administrator shall notify the Juvenile Probation Department of this
determination. It will be the responsibility of Juvenile Probation to provide for the transportation
for the removal of the child and shall be removed as soon as practicable, but in no event longer
than seven (7) working days after notification.
6.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders
of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator
of the Fncility receives a written authorization from the Juvenile Probation Department that
originally detained the child.
6.07 It is further understood and agreed by the parties that children placed in the Facility may be
released to the Probation Officer or other appropriate authority of the Brazos County.
6.03 It is further understood and agreed by the parties that nothing in this contract shall be construed to
permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or
instruct Service Provider, its director, oMcers, employees, agents, shareholders and designees in
any manner respecting its work, duties or functions pertaining to the maintenance and operation
of the Facility. However, it is also understood that the Juvenile Court of Nueces County shall
control the conditions and terms of detention supervision as to a particular child pursuant to
Texas Farnily Code, Section 51.12.
6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at
its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
RESIDENTIAL CONTRACT Page 6
Evo
T LP -g- 3
ARTICLE VII
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate Its program
of services provided under the terms of this agreement and/or to review its record periodically.
This examination and evaluation of the program may Include site visitation, observation of
programs in operation, interview and the administration of questionnaires to the staff of Service
Providcr and the children when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses of
this Agreement.
7.04 Service Provider will keep a record of all services provided (o Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation. Service
Provider will maintain the records (as referenced above) for seven (7) years retention period after
the termination of this Agreement.
7.05 "Contractor understands that acceptance or funds under this contract acts as acceptance of the
authority of Ute State Auditor's Office, or any successor agency, to conduct an audit or
investigation In connection with (hose Rinds. Contractor further agrees to cooperate Dilly with
the Slate Auditor's Office or its successor In the conduct of Ute audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the authority
to audit funds received indirectly by subcontractors through the Contractor and the requirement to
cooperate Is included in any subcontract it awards."
ARTICLE Vlll
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all Information and records relating to
children involved in Juvenile Probation, and shall not re -disclose the information except as
required to perform Ure services (o be provided pursuant to this Agreement, or as may be required
by law.
ARTICLE IX
DUTY TO REPORT
9.01 As required by §§361.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegations or incident of abuse, exploitation or neglect of any child (including but not limited
to a juvenile da( Inas been placed by Juvenile Probation) within twenty-four (24) hours from the
time the allegation is made, to all of the following:
A. Local law enforcement agency (such as the Nueces County Sheriffs Office);
RESIDENTIAL CONTRACT Pagel
FV071 E12-��-fg -24-:]-
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile
number 1-513-424-6717 (or if unable to complete the form within 24 hours, then by calling
toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call);
and
C. Bozos County Juvenile Probation Department to facsimile number 979.823.4211 (Attn:
Chief Juvenile Probation Officer).
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative
duty under this Agreement to promptly ascertain and disclose in sufficient detail this same
information to Juvenile Probation:
A. Any and all coreclive action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, intems,
volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of"Reason to Believe" by a slate regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator,
E. The identity of any of the Service Provider's employees, intems, volunteers, subcontractors,
agents and/or consultants that have direct contact wiih juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and/or consultants that have direct contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the post five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance orchis contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant for
employment because of race, color, religion, set or national origin including but not limited
to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or
termination, rates of pay or other fortes of compensation and selection for training, including
apprenticeship. The Service Provider agrees to post in conspicuous places, available to
RESIDENTIAL CONTRACT Page 8
Fy
l. _�7 �=�L
employees and applicants for employment, notices to be provided setting forth the provision
of this non-discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service
Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XD
ASSIGNMENT & SOCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising
out of this Agreement without the written consent of Juvenile Probation.
ARTICLE Xlll
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no
other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his/her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE XIV
EFFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or
any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. if Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof, or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger The performance of this Agreement in accordance with its terms, and
in either of these two circumstances offer receiving notice of default, Service Provider does
not cure such failure within period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the
parties agree to negotiate in good faith in an effort to resolve any disputes related to This
contract that may arise, no matter when the dispute may arise. If a dispute cannot be
resolved by negotiation, the dispute shall be submitted to mediation before the parties recon
to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and The parties shall pay the costs of mediation services equally.
D. The prevailing party in any lawsuit arising out of this Agreement will be entftled to
Attorney's fees from the other pony, including actions for declaratory relief.
RESIDENTIAL CONTRACT / Page
F
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E. All notices required under this Agreement shall be in writing. They shall be sent by fax or
by registered U.S, mail, return receipt requested, to the party address. A party must provide
notice of a change of address during the term of this Agreement. Unless specified otherwise,
notices required in this Agreement shall be deemed to have been received when actually
receive.
F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of the Agreement.
G. The parties intend that, in construing and enforcing the provisions of the Agreement,
mediators andjudges shall give maximum effect to the principles of contractual freedom and
contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or unenforceable, this
finding shall not affect the validity or enforceability of any other provision of the Agreement.
I. No express or implied waiver by any party of any right of that party under this Agreement in
any specific circumstance shall be considered to waive that right of that party in any other
circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives,
successors and assigns.
ARTICLE XV
TERMINATION
15.01 The term of this Contract shall be for a period of twelve months from the effective date: however,
if either party feels in its judgment that the contract cannot be successfully continued, and desires
to terminate this contract, then the party so desiring to terminale may do so by notifying the other
party in writing, by certified mail or persodal delivery of its intention to terminated:
A. By thirty (30) days from the date of the of the intention to terminate: or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or
rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
RESIDENTIAL CONTRACT Page 10
FVal.. I_ Pg. —L]
ARTICLE XVII
SOVEREIGN IMMUNITY
17.01 This Agreement is expressly made subject to Nucces County Sovereign Immunity, Title 5 of the
Texas Civil Practices and Remedies Code, and all applicable federal and state law. The panics
expressly agree that no provision of this Agreement is in any way intended to constitute a waiver
or any immunities from suit or from liability that Nueces County has by operation of law,
Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XVIII
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. not it has all necessary right, title, license and authority to enter into this Agreement;
S. That it hold all necessary licenses and staff certifications to provide the type (s) of services
being contracted for, that it is in compliance with all statutory and regulatory requirements
for the operations of its business and that there are no taxa due and owing to the Slate of
Texas, the County of Nucces or any political subdivision thereof;
C. That it carries sufficient insurance to provide protection to Juvenile Probation and the
indemnity provisions, as well as for any potential liability that arise form or related to this
Agreement; and
D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will
be properly trained to report allegations or incidents of abuse, exploitation or neglect of a
juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any
applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect
and exploitation allegations.
ARTICLE XIX
SAS LAW TO APPLY
19.01 This Agreement shall be construed trader and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Nucces County, Texas,
ARTICLE XX
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Nucces County, Texas.
ARTICLE XXI
LEGAL CONSTRUCTION
21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained therein.
RESIDENTIAL CONTRACT Page 11
ARTICLE XXII
PRIOR AGREEMENTS SUPERSEDED
32.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any
prior understandings or written or oral Agreement between the parties respecting the within
subject matter.
This Contract and Agreement is executed with the declared intention of the panics that this
Contract and Agreement is a contract providing for the care of children who have committed an
act of delinquency or an act indicating a need for supervision, and payment for such care will be
made by the county for the children placed in the Facility by the Judge of the county having
juveoi le j urisdict ion.
ARTICLE XXIII
PRISON RAPE ELIMINATION ACT
33.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances,
regulations and standards applicable to the provision of services described herein and the
performance of all obligations undertaken pursuant to the Contract, including the Prison Rape
Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual
assault of incarcerated persons, including juveniles, and addresses the detection, elimination,
prevention, and reporting of sexual assault in facilities (rousing adult and juvenile offenders
[PREA§ 115.312(a)].
Under PREA, Service Provider shall make available to the CPO all incident -based aggregated
data reports for every allegation of sexual abuse at its facility or facilities, and all such data may
be requested by the Department of Justice from the previous calendar year no later than June 30"
[PREA § 115.87E and (f)].
Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile
Probation to ensure that the Service Provider is complying with the PREA standards [PREA
§ 115.312 (b)]. To comply with Ibis standard the Service Provider will make available to the CPO
all incident -based aggregated sexual abuse data within 24 -hours of the allegation.
Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service
Provider available to the public via the Juvenile Probation website [PREA§ 115.389(6)].
RESIDENTIAL CONTRACT _ � Page 12
Vol. - --�-�
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT
OF AN ORIGINAL.
IN WITNESS WHEREOF, we hereunto affic our signature this +± day of 2015.
NUECES COUNTY JUVENILE PROBATION DEPARTMENT
Ho orabl iliums, Chairman
Nueces Co Juvenile Board
148° District Court Judge
ct�"
Homer Flores
Director/Chief Juvenile Probation Officer
BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT
Chairman, Juvenile Board ChierJuv c ProbationOfficer
RESIDENTIAL CONTRACT Page 13
71 D
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BRAZOS COUNTY COMMISSIONERS COURT
ON Kownm jr l I . 20 15 , FULLY EXECUTED IN
DUPLICATE, EACH OFWHICHSHALL HAVE THE FULL FORCE AND EFFECT OF AN
OR.IGMAL.
By
Duane Peters, County Judge Date
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-3614102
Fax: 979-3614503
Nucces County 2015-2016 �---- — c /� Page 14
ACORDe CERTIFICATE OF LIABILITY INSURANCE
101: 015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT: If the cerd0cato holder Is an ADDITIONAL INSURED, the polky(les) most be endorsed. If SUBROGATION IS WAIVED, subject to
On temp and conditions of the poBry, certain policies may require an endorsement A Statement on this cenl0cate time not confer rights to the
certificate holder In lieu of Ruch Rndoreement e .
PRODUCER
Higginbotham Insurance Agency, Inc.
dint
PO Box 87per 8 Gordon Insurance Agency, LLC
Debbie Trees
PHS 361.561-3932 P"R N.i. 381.844.0101
c+ua , cerUficetes• h glnDotham.net
Corpus Christi TX 78403
INS a AFyoRwNa covoueE roue •
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TEXAS
JUVENILE .� USTICE
`--� DEPARTMENT
Certificate of Registration
Be it known that
ROBERT N. BARNES REGIONAL
JUVENILE FACILITY
2310 GOLLHIAR RD
CORPUS CHRISTI, TEXAS
78415
Is hereby registered as a
Post -Adjudication FACILITY
Rated Capacity of 96
The aforementioned Juvenile Facility has completed all registration requirements
of the Texas Juvenile Justice Department, as required by the Texas Family
Code, and is hereby officially registered by the undersigned.
Registration is Issued this the
I" Day of February 2015
Expiration Dote: January 31, 3016
+( �i ilwrfl
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I DAVID REILLY, EXECUTIVE DIRECTOR
`t TEXAS JUVENILE JUSTICE DEPARTMENT
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I
ADDENDUM TO CONTRACT FOR RESIDENTIAL SERVICES
Between Rite of Passage, Inc. and Brazos County Juvenile Probation
Section 1— Contract Period
Parties to the original Contract in force and effect from August 1, 2014 through July 31, 2015,
hereby extend the period of the original Contract through July 31, 2016.
Section H • Purpose
Add new contract facility:
Lake Granbury Youth Services Center 1300 Crossland Road Granbury, TX 76048
Section IV -- Compensation
A. For and in consideration of the above-mentioned services, COUNTY agrees to pay SERVICE
AGENT not more than the per diem rates for Specialized Level of Care, in accordance with the
schedule of rates set by the Texas Juvenile Justice Department as currently effective or
subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached
hereto and incorporated herein.
It is further agreed and understood that this Amendment shall have legal effect only when it is duly
signed by both parties and is attached to the original Contract and made part thereof.
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be signed and
executed by their duly authorized officials.
Graz ounty Ju ile Probation Department Rite of Passage, Inc.
Lf 4.5 -
Charles Do as Vance, Chief - Carolyn Jenkins -Bower, CFO
J_�9 4(!l
BRAZOS COUNTY COMMISSIONERS COURT
ON ► QV?, N1 bi�,r (-7 . 20 1 FULLY EXECUTED IN
DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
By:
Duane rs, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-3614102
Fax: 979-361-4503
D�1-7115
Date
GranburyAddendum-Rice of Passage 2015.2016 Page 2of2
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14
ORDER
COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT
FOR PROFESSIONAL SERVICES MADE BY A COUNTY
UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4)
The referenced Agreement between Brazos County and Steve Lovett for the provision
of services described in the referenced Agreement constitutes a contract. The Brazos
County Commissioners Court finds that this is a contract for professional services and is
exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local
Government Code §262.024(a)(4) and is to be entered into the Commissioners Court
minutes.
APPROVEDY(DISAPPROVED () rn�d
BY MMISSI S COURT ON (w'C 1 I :�ZaD(S(DATE)
Duane Pe ers, County Judge
AGREEMENT BETWEEN COUNTY AND APPRAISER
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
THIS AGREEMENT is made on the 17`h day of November, 2015.
Between the COUNTY: BRAZOS COUNTY, TEXAS
c/o Brazos County Commissioners' Court
Attention: County Judge
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
and the APPRAISER: Steve Lovett
3600 Lovett Ln.
College Station. TX 77845
for the following PROJECT: Miscellaneous appraisal projects detailed in Exhibit A.
The COUNTY and APPRAISER agree as set forth below.
ARTICLE I
APPRAISER'S RESPONSIBILITY
1.1 APPRAISER'S SERVICE
1.1.1 The APPRAISER'S services consist of those services performed by the APPRAISER,
APPRAISER'S employees and the APPRAISER'S consultants as enumerated in Articles 2 and 3
of this Agreement.
1.1.2 The APPRAISER'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The APPRAISER shall submit
for the COUNTY'S approval a schedule for the performance of the APPRAISER'S services
which may be adjusted as the Project proceeds and shall include allowances for periods of time
required for the COUNTY'S review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by the
COUNTY shall not, except for reasonable cause, be exceeded by the APPRAISER or the
COUNTY.
Agreement Between County and APPRAISER Page 1 of
Vol, . _� Pg. --
ARTICLE H
SCOPE OF APPRAISER'S BASIC SERVICES
2.1 DEFINITION
2. 1.1 The APPRAISER'S Basic Services consist of miscellaneous projects detailed in Exhibit
A.
ARTICLE III
ADDITIONAL SERVICES
DELETED INTENTIONALLY
ARTICLE IV
COUNTY'S RESPONSIBILITY
4.1 The COUNTY shall provide full information regarding requirements for the Project
4.2 The COUNTY shall designate a representative authorized to act on the COUNTY'S
behalf with respect to the Project. The COUNTY, or such authorized representative, shall render
decisions in a timely manner pertaining to documents submitted by the APPRAISER in order to
avoid unreasonable delay in the orderly and sequential progress of the APPRAISER'S service.
4.3 The COUNTY shall give prompt written notice to the APPRAISER if the COUNTY
becomes aware of any fault or defect in the Project or non-conformance with the contract
documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a
bar or act to estop the COUNTY from exercising any of its rights under this contract.
4.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the APPRAISER, obtain advice of an attorney, insurance counselor and
other consultants as the COUNTY deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of the
APPRAISER.
4.5 The proposed language of certificates or certifications requested of the APPRAISER or
the APPRAISER'S consultants shall be submitted to the APPRAISER for review and approval at
least 14 days prior to execution. The COUNTY shall not request certifications that would
require knowledge or services beyond the scope of this Agreement.
ARTICLE V
INTENTIONALLY DELETED.
ARTICLE VI
USE OF APPRAISER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The COUNTY shall be the absolute and unqualified owner of documents prepared
pursuant to this Agreement by the APPRAISER with the same force and effect as if the
COUNTY prepared same.
Agreement Between County and APPRAISER Page 2 of 5
ARTICLE VII
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days
written notice should the other party fail to substantially perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the
APPRAISER shall be compensated for services performed prior to notice of such suspension.
7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14)
days written notice to the APPRAISER in the event that the Project is permanently abandoned.
If the COUNTY abandons the Project for more than ninety (90) consecutive days, the
APPRAISER may terminate this Agreement by giving written notice.
7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, the APPRAISER may, after
giving seven (7) days written notice to the COUNTY, suspend services under this Agreement.
7.5 In the event of termination that is not the fault of the APPRAISER, the APPRAISER
shall be compensated for services performed prior to termination, together with Reimbursable
Expenses, if any, then due.
7.6 APPRAISER shall bill and collect all fees and costs for 6 parcels of land on Merka Rd.;
however, APPRAISER acknowledges that COUNTY is the client and all privity of contract
exists between APPRAISER and COUNTY, and no third parties.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal
place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms
of this Agreement shall be in Brazos County, Texas.
8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion.
8.3 The COUNTY and the APPRAISER, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representative of such other party with respect to all
covenants of this Agreement. Neither the COUNTY nor the APPRAISER shall assign this
Agreement without the express written consent of the other party.
8.4 This Agreement represents the entire integrated agreement between the COUNTY and
the APPRAISER and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the
COUNTY and the APPRAISER.
Agreement Between County and APPRAISER ` ol.y. -'r�
Page 3 of 5
%— N/_ 1
8.5 Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the COUNTY or the APPRAISER.
8.6 COMPLIANCE AND STANDARDS. The APPRAISER agrees to perform the work
hereunder in accordance with generally accepted standards applicable thereto, and shall use that
degree of care and skill commensurate with the profession to comply with all applicable state,
federal and local laws, ordinances, rules and regulations relating to the work to be performed
hereunder and the APPRAISER'S performance.
8.7 INDEMNIFICATION: APPRAISER shall save and hold harmless the COUNTY from
and against any and all claims and liability due to activities of the APPRAISER, its agents or
employees, performed under this Agreement and which result from any negligent act, error, or
omission of the APPRAISER, or of any person employed by the APPRAISER. The
APPRAISER shall also save harmless the COUNTY from and against any and all expenses,
including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise,
resisting said claims or liabilities which might be imposed on the COUNTY as the result of such
activities by the APPRAISER, its agents or employees.
ARTICLE IX
PAYMENTS TO THE APPRAISER
9.1 APPRAISER SHALL INVOICE FOR ALL SERVICES, COSTS AND FEES
ASSOCIATED WITH THE PROJECT.
ARTICLE X
OTHER CONDITIONS OR SERVICES
10.1 INSURANCE
10.I.1 The APPRAISER shall file with the COUNTY a Certificate of Errors and Omissions
Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each
occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such.Errors
and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and
Noll 00 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement "Not to
be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The
APPRAISER shall maintain the Errors and Omissions Insurance at all times this Agreement is in
effect and for a period of five (5) years after completion of the Project. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
10.1.2 The APPRAISER shall also provide Worker's Compensation, automobile and
comprehensive general liability policies. The APPRAISER shall deliver the insurance
certificates to the COUNTY. The coverage provided herein shall contain an endorsement
providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said
coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY. If the APPRAISER has canceled or allowed to lapse any of these
insurance policies then the COUNTY may pay for such insurance and may hold the amount of
such payment out of the APPRAISER's fees or be otherwise reimbursed. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
This Agreement entered into as of the day and year first written above.
Agreement Between County and APPRAISER—T T `� Page 4 of
LVOL
The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolution extending said authority
have been duly passed and are now in force and effect.
BRAZOSCOUNT Y TEXAS
Duane Peters, County Judge
Acting by and through the authority of
the Brazos County Commissioners Court
Attest:
County Clerk
Approved as to Fro
Assistant County Attorney
APPRAISAL FIRM
by: Steve Lovett
Principal
Agreement Between County and APPRAISER Vol�� q Pale 5 of
[V . -/- `
v
M M WTA
• Wheelock Hall Road (please provide number of parcels and estimated cost of appraisal work) 14
parcels ($31,500)
• Smetana Road (please provide number of parcels and estimated cost of appraisal work) 4
parcels ($9,000)
• IGN/Straub/Stousland and Wade Road Cul -De -Sac (attached layout is best alternative for Straub
—for your review for parcel count and estimated cost). 17 parcels ($38,250)
• Royder Road (City of CS to Frierson Road). 7 parcels ($15,750)
• Cherokee Drive (may not need an appraisal, would like to work with developer to have
additional ROW dedicated or purchase for $10). 1 am going to estimate 1 parcel ($2,250)
here. We may not need this one.
Vol. _a� 02 1 Pg. S I
BUILDING ABATEMENT
DEMOLITION COMPANY, INC.
October 9, 2015
Reference: Asbestos Abatement and Demolition Phase 5
@ The Brazos County Courthouse 2Rd $3 d Floors
In accordance with your request BAD Company, Inc. is pleased to submit this proposal to
furnish labor, equipment and materials for Asbestos Abatement of the above project.
SCOPE OF WORK:
• Removal and proper disposal of Asbestos containing plaster ceilings, flooring -
mastics, vapor barrier, pipe and duct insulation.
• Demolition of Non -Asbestos containing lay in and 12" x 12" spline ceilings. and
travertine in phase I.
• Work methods to include negative air containments and glove bagging of
miscellaneous piping, PPE, wet methods, double wrapping of ACM waste, label
and manifest acm waste for proper transport and disposal.
• Work will be done in accordance with DSHS and OSHA regulations
• Provide pollution liability insurance with $5,000,000 aggregate and $1,000,000
occurrence.
• Provide only personnel licensed by the Texas Department of Health and trained in
accordance with the E.P.A. Model Accreditation Plan as either an asbestos
supervisor "competent person" or an asbestos worker.
• Base bid will include all asbestos abatement and demolition in phase 1 except for
the unknown duct and pipe insulation\above ceiling in phase 1 & 2 of plans.
Lump Sum Bid:
Unit prices:
I
$123,000.00
Pipe Insulation $9.00/ Linear Foot
Duct Insulation $5.00/ Linear Foot
Not Exceed $75,000.00
AUSTIN 1.507. CR 256 LIBERTY HILL, TX. 70642 OFFICE 512-778-6069 FAX 512-778.6066
WACO 2125 FRANKLIN AVE.., WACO, TX. 76701 OFFICE 254-498-2904 FAX Z54-870-0110
Vol. _ % Pg `
BUILDING ABATEMENT
DEMOLITION COMPANY, INC.
BID NOTES AND CLARIFICATIONS:
• We anticipate completion of this scope of work on sheet A2.1 2 days, A2.2 12
days, A2.3 12 days, A2.4 8 days
• Abatement is to be performed on the second and third floors.
• This proposal is good for sixty (60) days from the date of the proposal.
• Asbestos lump sum price includes all labor, supervision, material, equipment,
OSHA monitoring and laboratory analysis, overhead, profit, payroll taxes,
pollution liability and workers comp.
• All notifications, waste manifests, employee certifications, physician's written
opinions, and contractor licenses, daily logs and other pertinent data will be
supplied to the customer within thirty (30) working days upon request.
• Concealed asbestos containing materials (that are within walls, ceilings, chases,
etc.) are not included unless specifically identified elsewhere in this proposal
• Removal and clean up will be in accordance with all federal, state and local
regulations that are specifically applicable to this job and are in effect at the time
of this proposal.
1
• BAD Company, Inc. does not hereby assume responsibility nor indemnify the
general contractor and / or owner for their sole negligence. In the event of
concurrent negligence, BAD Company's indemnity will apply to the extent of
BAD Company's negligence.
TERMS:
The terms of payment of the material, equipment and labor based on the original scope of
work described herein will be as follow: Upon Completion.
We sincerely appreciate the opportunity to submit this proposal and look forward to
being of other service for you and your company.
Sincerely;
BAD COMPANY, INC.
Joe Roberts
Operations
AUSTIN 1501 C2 256 TABF:RTY HILL, TX. 78642 OFFICE 51.2-778-6069 FAX 512.770-6066
WACO 2125 FRANKLIN AVG., WACO. 9'X. 76701 OFFICE. 254.490-2904 FAX 254-070-0110
BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: November 17, 2015
ITEM: Consider and take action on request to enter private property (use of private driveway)
owned by Miguel Gonzales for county access to Site 6 Dam for maintenance and emergency
procedures. Site is located in Precinct 1.
SOURCE OF FINDS:
NOTES:
SUBMITTED BY:
T. 4 C
R. Alan Munger, P.E.
County Engineer
This Request
ACKNOWLEDGED BY:
Commissioner Lloyd Wassermann
Precinct 1
County Judge
7
ate
Court
ON
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. i
Sammy Catalena
Commissioner Pct. 2
Kenny Magard
Commissioner Pct. 3
Irma Gainey
Commissioner Pct.4
OWNER(S): Miguel & Deborah Gonzales
II. ADDRESS: 3333 Erin Cir
Navasota. Texas 77868
III. LOCATION OF WORK: Site 6 Dam
R. Alan Munger, P.E.
County Engineer
Brazos County Road 8 Bridge Dept.
2617 Hwy 21 West
Bryan, Texas 77803
Office : 979-822-2127
Faz 979-7750453
mmunger@6mzoswuntyh.gov
IV. DESCRIPTION OF WORK: Request permission to use private driveway to enter Site 6
Dam for maintenance or emergency procedures.
Additional Comments:
V. MAINTENANCE: Yes X No
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: As needed
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: ufl Date:
Mig el Gonza es
R. Alan Munger, P.E.
County Engineer
Darrell W. Kolwes
Right of Way Agent
Vol. � �_/ F'g. � � I
20
BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: November 17, 2015
ITEM: Consider and take action on the Final Plat of Duck Haven Subdivision Phase
Seven:12.047 Acres: Lots 1-10, Block 8: B. McGregor Survey, A-170; City of College
Station ETJ; Brazos County, Texas. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
NOTES:
• Owner: Duck Haven Development, Ltd.
Engineer/Surveyor: McClure & Browne Engineering & Surveying, Inc.
SUBMITTED BY:
R. Alan Munger, P.E.
County Engineer
ACKNOWLEDGED BY:
iju. bj—eb aaAmi<.....-
Commissioner Lloyd Wassermann
Precinct 1
This Request is [ AP OVED DE IED [ ] by ommissioners' Court
E. Duane Peters, County Judge
1)/)7// -5 -
Date
Vol.
11 Jun. 2l. 200 3:23 YM Brazos County Road & Bridge
No. 0946 P. 2
Application for Development office
use
Only,
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979) 822-2127
Master Plan_ ; „i.: ? Final Plat RePlat Amending Plat_
Property Descripti6n:-:
Road Location:_ 1✓ES'7 of IJ7 1EC7ror/ or DRAkC- QR, f WiC.Eat� T/
Legal Description: _ Qv C be 14A v EN PHA.3 E 7 '13LOc u e y Lo75' I- /o
Subdivision Description
Subdivision Name:. bock, NAVEA) P1IASC
Total number of lots: 10 Total Acreage: Id . oN "7
Property Owner ,
Ownername(s): boCV 14A U E N�rA. •
Current mailing address: 3Eo,P E, d ':i_I ST: STE /oo r 13RY, N 7Y 7O?
Phonenumber(s): (9-)9) ?LQ- cj 3.PN
Applicant or Authorized Agent, Engineer or Surveyor
NameandAddress; TRAvtS MAPP-7v1cK y sA/hE AMA tSS-
Phonenumber(s): _5ArhC ✓u�
Name and Address:
Phond number(s):
Application is for
Residential (y'Mobile Home Park O Commercial ( )
Other ( )
is any of the property located in a Floodplain or Flood Hazard area? No (yeslno)
Actmowledgment 7'he flood hazard boundarymaps end other need data used by Brazos Countyin evaluating flood haurds to
popoted developments are considered reasonable and aeourale for regulatory purposes and are based at the hest available scientific
ad engineering data On rue occasions greater floods can and will occur and flood heights may be increased by man-made or natural
casts. Issuance of a Floodplain Permit in accordance with the Btams County Flood Damage Prevention Ordinance docs not imply
that development muldc the areas of special flood hazard will be free from flooding or flood damage. issuance eta permit shall wt
sate liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage docs
occur.
Is part or all of the property within an ETJ of a City? v E E (yes/no)
<Vill any construction occur in TxDOT right -of --ways? PQ (yes/no)
Application Check List;
Copies offinished plat with corrections (if any):
9,/ 9 copies to Brazos County
P] One (1) copy to Brazos County Health Dept.
� One (1) copy to Brazos County 911
fY One (1) copy to local Water District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
0 Ictter from Bmzos County Health Dept, - For onsite sewage evaluation.
0 Letter from Brazos County 911- For road names.
❑ Letter from Water District or Company.- Stating water availability, etc -
If property is within an ETJ of a city:
❑ Approval notification from appropriate city.
Applicant attest that they have signed this application in the capacity designated, if any, and further attests
that they have read document and the statement contained herein and any attached ate true and factual All
applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Office and all applicable} lanks'ate filled in the application above.
%2�Y 7 J1 a Ja As
Applicant's Signature Date
County Witness Date
FV01. _� c2 Pg. de.
I
q/L DA.
0
Jun, 1/• 2M 3:13FM drazos County Road & Bridge
No. 0946 P. 3
Engineer/Surveyor Check fist for Plat Pre -Approval
1) Propery located within a City Extra Tenitorial.Jurisdiction (M), contact with
that City, is;required before plat appidV.al.
p� 2) Drawn oa 24" x 36" sheet to scale of 100' per inch or larger. If morn than one sheet, an
indgx sheet showing entire subdivision at a scale of 500 feet per inch or larger.
13/ 3) Include the words; "MASTER DEVELOPNIENI• PLAN—NOT FOR RECORD" or
"FINAL PLAT' or'TWLAT' or "AMENAINO PLAT' in letters %s" high.
13`� 4) Vicinity map which includes enough of surrounding area to show general location of
subject propertyin relation to major roads and any city limits and county boundaries. No
scale required but include north arrow.
0 5) Title Block with the following information:
Oi Name and address of subdivider, recorded owner, planner, engineer and surveyor.
G� Proposed [tame of Subdivision. (Subdivision name & street names will be approved
through the Bums County 911.) (Replats need.to retain original subdivision name.)
[Y Date of preparation. (Include the date ofany revisions on the plat.)
19.- Engineer's scale in feet.
Cr' Total area intended to be developed.
@i Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
a-� 6) North Arrow.
9- 7) Location of any current city or county limit lines, ifapplicable.
t3� S) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract,
(� 9) Descriptions by metes and bounds of the subdivision which shall close within accepted
land surveying standards. (Shown on drawing; not separate description)
9,1" 10) Primary control points or descriptions and ties to such control points, to which, later, all
dimensions, anglos, hearings, block numbers, and similar data shall be refereed. The plat
shall be located with respect to a comer of the survey or tract, or an original comer of the
original survey of which it is a part
iY 11) Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
IY 12) location of the 100 Year Floodplain and Floodway, if applicablq according to the most
recent available data.
13) Note the FEMA FIRM Map panel number and revision date on plat
!L 14) , Topographic information, including contours at two foot (2, ft.) intervals, flowline
elevation and flow direction.
15) Proposed drainage concept shown on plan, showing flow paths 'to primary system.
Vol. _�o�_/ Fig.__
Jun, ZI. ZUUti 3'.Zgvm
erazoS Uunty Koad & bridge No. 0946 P. 4
2�' 16)
Locate and Describe, with accurate dimensions, bearings or deflectipn angles and radii,
area, center angle, degree of curvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as weltas, those within the subdivision; for the
[ollowing:
Existing
Proposed
13�--
91 , Streets: continuous or end in a cul-de-sac, stubbed out streets must end into a
temp. tum around unless they are shorter tbat 100 feet.
L9�
19/ Public and private R.O.W, loCgtions, width(s) and names. (All existing and
proposed R.O.tV,'s sufficient to meet County and City Regulations, if
applicable)
[t
U-� Street offsets and/or intersection angles meet ordinance.
o/ Alleys
G� Reserve tracts.
Y-
IV Well site locations.
I3�
t, Pipelines: label company with volume and page,
23 Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
C�
1!1� Easements.
CIS
SY Drainage Structures and improvements per engineering analysis.
I?-
Ell A number or letter to identify each lot or site and each block.
GY
C' Public areas.
tY
Outer Public improvements, including but not limited to parks, schools and
other public facilities.
17)
All off-site easements for infrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final plat.
d' 18)
Proposed phasm'& The Master Plan and each phase must bo able,to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
13' 19)
Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos CountyEngateering .
Road & Bridge Department,
2617 Hwy 21. West
Bryan, Texas 77803
(979)822-2127 ,
Vol. �._ -
Jun.11. 2M J:24 PM brazos County Road & Bridge
Brazos County Pre -Application For Plat Approval
No, 0946 P. 5
Date: . �LdLIS
MasttCPlan Final Plat t/ 'Re -Plat Amending Plat_
patel fa. assigned for Application and Plat Review with&unty Engine". or, Planner: fi
Description of Proper;y:
Subdivision Name: XvClit t4AUEA/ - ?k14SE %
PmpetlyLocation; IvE57' OP /NTC-1itEC71oN or .6AfIkt Dk F w)&6e,,,7RA�L pR.
Legal Description: JOJ Ct{ H A L r.v PH,4 YC -7 9 d U C k P
Applicant or Authorimd Agent: ` -R A v J C , ri1 ✓I R7. nl C!/
Phone Number (s): ( `I-)9) b"IG-y38`l
This is a notificafiott to Arms County that a plan for development exists for this noted piece of property.
Titis is not the official Application for Development This also does not commit the Applicant listed above
Do file an Application for Development or to file any type of plat for Record.
All properties within the County of Brazos are submitted to the rules and regulations setup by the Brazos
County Commissioner$ Court. Copies of the Brazos County Subdivision and Development Regulations and
the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering
and Planning Departments. All applicants are encouraged to review the regulations prior to any plat
submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land
Surveyor, licensed by the State ofTexas, for the sole purpose ofsummorizing the needs of a finished plat.
All County and City Ordinances and Regulations must be met This is not a short list of details of said
regulations. Details of the idems listed arc in said ordinances, and said ordinances take precedence over this
check list
Applicants Signature.
a /tel // 3S
Date of Signature
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III FINAL PLAT III
DUCK HA VEN
S UBDI VISION
PHASE SEVEN
12.047 ACRES
LOTS 1-16• BLOCK B
B. /AcO Cf76 ` S Wr, A-110
BRAZOS COUNTY, TEXAS
FEBRU Rr• 2015
n UrMq'.mt LIa 5.«w 9ear pe
einq/$vmry'p,
- (919)
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BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: November 17, 2015
ITEM: Consider and take action on request to enter private property owned by Michael L.
Gustafson located off Sulphur Springs Road for the purpose of removing trees near right of waw
that are in jeopardy of falling onto the county roadway. This work is being done for the health,
safety and welfare of the general public. Site is located in Precinct 2.
SOURCE OF FUNDS:
NOTES:
SUBMITTED
R. Atan Munger, P.E.
County Engineer
This Request is OVE ENIFD by Commissioners' Court
E. Duane Peters, County Judge
� I / ,_'1 /s
Date
I( Oy
M1,;� Jn-,'� �1'a
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
E,Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pet t
Sammy Catalena
Cammissionar PCL 2
Kenny Malland
Commissioner PC:. 3
Irma Cauley
Commissioner PCC a
I OWNER(S): Michael L. Gustafson
If. ADDRESS: 4809 Cole Ave., Ste 1001-8, #114
Dallas, Texas 75205-3552
Brazos County Road & Bridge DePL
2617 HM 21 Weal
Bryan, Teras 77803
OMml 979-622-2127
Fait 979-nS0453
III. LOCATION OF WORK: Sulphur Springs Road
James Gray Survey, A-250, Tract 20.1, 55.88 Acres
IV DESCRIPTION OF WORK: Permission to enter property for the purpose of removing
dead trees near right of way fine that are in jeopardy of falling onto county
roadway. This work is being done for the health, safety and welfare of the general
public.
Additional Comments: Any damage to owner's fence will be owners
responsibility
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCI
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature://- ' ✓ —` Date: II -I2-15
MICHAEL L. GUST
.AF [ti
W 2—
R. Alan Munger, P.E.
County Engineer
Darrell W. Kolwes
Right of Way Agent
F011--�0_17— . Pg. ( c
E
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. (Texas Local Government
Code, 114.026)
Witness my hand this I 1 day of A.D. 2015
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this day of
Duane Peters, County Judge
Sammy Catalelu(, Commissioner Precinct #2
Treasurer's Report for the MONTH SEPTEMBER 2015
AND O/E 9130/15
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�3
BRAZOS COUNTY, TEXAS
BUDGET ANIEWMENT(S) FOR THE 2014-2015 BUDGET YEAR
NO. 14/15 531 — 58.2
On this the 17th day of November 2015 at a regular meeting of the Commissioners' Court, the
following members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Caulev, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 17th clay of November 2015 the Court heard and approved a budget
amendment for the 2014-2015 budget year for Brazos County, Texas, and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 9 September 2014; the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 17th day of November 2015.
THE COi CAMISSIONERS COURT OF BRALOS COUNTY, TE.AAS.
By:
Duane Peters, County Judge
originaC County Clerk's Office and
Attached to the original budget
Vol. _a a / 6'g.-_/_-Zil
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14115 - 58.1
11/1712015
FUND DIV ACCT PROJ DPJCR ACCOUNT NAME Increase Decrease
0100 1100 300 6F130000 CR Contineencv 3,395.00
0100 26003000 61SS0000 I DR Utilities 2,395.001
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Genera( Fund ContingeneN and Health Dept - Su>>art
Reallocation of funds to cover for utilities for poriod 13 in FY 15.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15 - 58.2
11117/2015
FUNDI DIV IACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease
4500 63000500 802S6000 I CR Equipment - Other 16.923.721
4500 63000500 65320000 I DR IEquipment - Maintenance I 16.923.72
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General Capital Improvement - Facility Maint.
Reallocation of funds to the correct account due to the work completed on the Jail's walk-in cooler.
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VOL _✓ Pg, ��__
BRAZOS COUNTY, TEXAS
BUDGET ADIEWMENT(S) FOR THE 2015-2016 BUDGET SEAR
NO. 15/16 8.1-8.8
On this the 17th day of November 2015 at a regular meeting of the Commissioners' Court, the
following ntembers were piesenC
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kennyvlallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
TIiA"T NVIIEREAS, on 17th day of November 2015 the Court heard and approved a budget
amendment for the 2014-2015 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 8 September 2015, the following
2mendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 17th day of November 2015.
THE COAIMISSIOiVERS COURT OP BRAZOS COUNTY, TEXAS.
t
i
13 v:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 8.1
11/17/2015
FUND
DIV 1
ACCT PROJ
DRICRI
ACCOUNT NAME
Increase
Decrease
4500
630003001
60360000
CR
Fumiture
668.00
4500
63000300
67203000
CR
Minor Computer Hardware
I
534.28
4500
63000300
80100000 I
CR
I Buildings
11,493.68
4500
63000300
67050000
DR
Appliances
534.28
4500
63000300
67342000
DR
Fumiture
668.00
4500
63000300
60211000DR
Software - NO Ta
3992.22
4500
63000300
80720000
DR
%curit y
7,501.46
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Flcct Dlaint. Building
Reallocation of funds to
the correct account to
urchase shelves, a refrigerator and Security e ui ment.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 8.2
H in<vu
CR
vehicle.
Vol. _;',2 Pg -%ice J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 8.3
11/17/2015
FUND DIV
ACCT PROJ
DR/CRI ACCOUNT NAME
Increase Decrease
4500 63000500
SOS90000
CR (Vehicles
11.569.66
4500 63000500
SOS92S00 I
DR ( Vehicles - SO
11.569.66
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General Capital Improvement
- SO
Reallocation of funds to the correct account to
urchase e ui Ment for patrol vehicle replacing
Unit 149. Unit 194, Unit 193 and Unit ISI.
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Vol- _ 2 . pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 8.4
11/17/2015
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease -
4500 63000500 30390000 CR Vehicles 1.277.00
4500 63000500 SOS92320 DR Vehicles - Jail 1.277.00
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General Capital Improvement -'16
Reallocation of funds to the correct account to urchase equipment for mtrol vehicles.
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Vol. / p9.—%/�'-
DIV
Fund
CR
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 • 8.5
Reallocation of funds to the correct account to nurchase renlacetncnt video screens for the EXPO.
Vol. _, J . pg._7�__�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 8.6
11/17/2015
FUNDI DIV I ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease
45001 63000500 50890000 CR lVehicles 22.00
4500 1 63000500 S02S9000 DR E u mens - R&B 22.00
General Ca it l Improvement - R&B
Reallocation of funds to the corzect account for the state fee for registration of the dump trailer.
Eo
i���—. Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 . 8.7
11/1712015
FUNDI DIV I ACCT PROJ DR/CRI ACCOUNT NAME Increase I Decrease
4500 63000500 S02S6000 CR Equipment - Other 3.325.00
4500 163000500 67256000 DR Equipment - Other 3,325.00
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General Capital Improvement - Constable Pet. #3
Reallocation of funds to the correct account for the purchase of a vest, taser and body camera for new pan time deputy that was approved in
FY 16.
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P9•-�d -
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 15/16 - 8.8
11/17/2015
FUND DIV
ACCT
PROJ DR/CR
ACCOUNT NAME
Increase
Decrease
0100 19000100
59100000
CR
DDEA
6.549.56
0100 19000100
60600000
CR
Office Supplies
692.27
0100 19000100
60211000
DR
Software - No Tag
1.969.20
0100 19000100
60500000
DR
E ui ment & IT Enhancement
267.50
0100 19000100
67203000
DR
Minor Compute Hardware
5,305.43
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District Attornec Admin
Reallocation of funds to the correct
existing employees.
account for the purchase of new laptops, docking stations,
licensing and phones needed for
the new and
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Vol. _ 2,Z_% . Pg._ � .�
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: November 17, 2015
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Clerk O'Gilvie, Amber Transfer Win Dept.
Facilities Services Martinez, Carlos Transfer Win Dept.
Turek, Shelley New Hire
Watson. Justin New Hire
Information Technology
Ratcliffe, Bryce
Transfer w/in Dept.
Juvenile Services — Detention
Alvarado, Maria
Resignation
Duncan, Tisha
Resignation
Wilhelm, Victoria
Resignation
MPO
Benthul, Bart
Supplement Pay
Increase
Sheriffs Office
Garon, Stephen
Step Increase
Thomas, Eric
Step Increase
Approved in Commissioners' Court:
County Judge's or Commissioner's Signature:
=�—�
(This Copy to be attached to minutes)
VOI- .,2�e-,--% pa, ��
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aloes
AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEEFFORE ME, the undersigned authority, on personally appeared
VIALCXIZ°. 7 �Qi1rs who being duly sworn, deposes and says:
1. That he/she has a substantial interest in a business entity orreal property. Official action taken by the
Commissioners Court of Brazos County, Texas concerning Agenda Item No. 1460010 of the Court
Agendadated 11-11-1 b ddescribedpas J xye-,���(J. bw,-e%sip—n pl.(,l�JLi"J- 4-p
y ..g.7 . n D� tGi would have a ral nomic.effect on that
M- 8► Economic. DCV• graeyvlen� W dam core
business entity or especial economic effect on the value ofthe real property, that is distinguishable fromthe effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
a Ownership of 10 percent or more of the voting stook or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
() b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
() c. An equitable or legal ownership in real property with a fair marketvalueof$2,500ormore; or
() d. A person related in the fust degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
()
e-
3. That I will abstain from participation in the mXter referreXto in
SWORN TO AND SUBSCRIBED BEFORE ME this the1-Iday of�OVem ¢0_.
Filed:
by law.
Notary Public in and for aThe State of Texas
County Clerk
voi. a'-'2 �
FILED
13rI1fT1[ANY CCKS1'RUM
I:°,�. �:;
•, •,b�
'�•..
N.mtry Public
STAIRbF1RrA5
[!sP• 01N1[gR019
fpr,
Myy C'�quro.
Filed:
by law.
Notary Public in and for aThe State of Texas
County Clerk
voi. a'-'2 �
FILED
FY.2015
CHAPTER 59.06(1) CERTIFICATION
Did your agency receive proceeds or property pursuant to Chapter 59 of the Code of Criminal
Procedure this fiscal year? NO
Did your agency expend any Chapter 59 funds this fiscal year? NO
Does your agency have a balance of Chapter 59 funds this fiscal year? NO
Agency Name
Mailing Address
City
State
Zip
Phone Number
Agency Fiscal Beginning
Month
Agency Fiscal Ending Month
Fiscal Year
Bra -em County. lintZtcy
300 E. 26th St., Suite 1300
Bryan
TX
77803
(979)3614300
October
September
2015
HEAD OF AGENCY CERTIFICATION
By pressing "Submit" below using your email address and password account access, and pursuant to the
terms of service you swear or affirm, under penalty of perjury, that you have accounted for the seizure,
forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of
Criminal Procedure, and that upon diligent inspection oral[ relevant documents and supporting materials, this
asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of
Criminal Procedure.
HEAD OF AGENCY SIGNATURE:
TITLE:
DATE:
Comments
Fol
Rodney W Anderson
County Attorney
11/6/2015
Fiscal Begining Month September
Fiscal Ending Month August
Fiscal Year 2015
NOTE: PLEASE ROUND ALL FIGURES TO NEAREST WHOLE DOLLAR
FY 2015
I. SEIZED FUNDS.PURSUANT TO CHAPTER 59
CHAPTER 59 ASSET FORFEITURE REPORT
A) Beginning Balance:
BY LAW ENFORCEMENT AGENCY
Agency
Brazos County Constable Precinct 3
Mailing Address
1500 George Bush Dr.
City
College Station
Stale
TX
Zip
77840
Phone Number
(979) 6947900
Fiscal Begining Month September
Fiscal Ending Month August
Fiscal Year 2015
NOTE: PLEASE ROUND ALL FIGURES TO NEAREST WHOLE DOLLAR
I. SEIZED FUNDS.PURSUANT TO CHAPTER 59
A) Beginning Balance:
$0.00
B) Seizures During Reporting Period:
1) Amount seized and retained in your agency's custody
$0.00
2) Amount seized and transferred to the District Attorney pending forfeiture
$0.00
3) Total Seizures
$0.00
C) Interest Earned on Seized Funds During Reporting Period:
$0.00
D) Amount Returned to Defendants/Respondents:
$0.00
E) Amount Transferred to Forfeiture Account:
$0.00
F) Other Reconciliation Items:
$0.00
Description:
G) Ending Balance
$0.00
II. FORFEITED FUNDS AND OTHER COURT AWARDS PURSUANT TO CHAPTER 59 -
A) Beginning Balance: $1,349.00
B). Amount Forfeited to and Received by Reporting
$0.00
Agency (Including Interest) During Reporting Period:
C) Interest Earned on Forfeited Funds During $3.00
Reporting Period:
D) Amount Awarded Pursuant to 59.022: $0.00
E) Amount Awarded Pursuant to 59.023: $0.00
F) Proceeds Received by Your Agency From Sale of $0.00
Forfeited Property:
G) Amount Returned to Come Victims: $0.00
H) Other Reconciliation Items: $0.00
Description: c� --
Vol. _� /— Pg"V Page 1 of 7
1) Total expenditures of Forfeited Funds During Reporting Period: $0.00
J) Ending Balance: $1,352.00
III. OTHER PROPERTY
A) MOTOR VEHICLES (Include cars, motorcycles, tractor trailers,etc.)
1) Seized: 0
2) Forfeited to Agency: 0
3) Returned to Defendants/Respondents: 0
4) Put into use by Agency: 0
B) REAL PROPERTY (Count each parcel seized as one item)
1) Seized: 0
2) Forfeited to Agency: 0
'3) Returned to Defendants/Respondents: 0
4) Put into use by Agency: 0
C) COMPUTERS (Include computer amd attached system components,such asprintersand monitors, as one item)
1) Seized: 0
2) Forfeited to Agency: 0
3) Returned to Defendants/Respondents: 0
4) Put into use by Agency: 0
D) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18)
1) Seized: 0
2) Forfeited to Agency: 0
3) Returned to Defendants/Respondents 0
4) Put into use by Agency: 0
E) Other Property
Returned to
Description Seized Forfeited to Agency Defendants/Respondents Put into use by Agency
0 0 0 0
.IV.FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY
A) Motor Vehicles: 0
B) Real Property: 0
C) Computers: 0
D) Firearms: 0
E) Other: 0
V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY
A) Motor Vehicles: 0
pg�-�
Page 2 of 7
B) Real Property:
C) Computers:
D) Firearms:
E) Other:
VI.EXPENDITURES
A) SALARIES
1) Increase of Salary,Expense or Allowance for Employees (Salary Supplements):
2) Salary Budgeted Solely From Forfeited Funds:
3) Number of Employees Paid Using Forfeiture Funds:
4) TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS:
B) OVERTIME
1) For Employees Budgeted by Governing Body:
2) For Employees Budgeted Solely out of Forfeiture Funds:
3) Number of Employees Paid Using Forfeiture Funds:
4) TOTAL OVERTTIME PAID OUT OF CHAPTER 59 FUNDS:
C) EQUIPMENT
1) Vehicles:
$0.00
2) Computers:
$0.00
3) Fireamrs,. Protective
Body Armor, Personal
$0.00
Equipment:
4) Furniture:
$0.00
5) Software:
$0.00
8) Maintenance Costs:
$0.00
7) Unifonns:
$0.00
8) K9 Related Costs:
$0.00
9) Other
$0.00
Description:
'10) TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS:
D) SUPPLIES
1) Office Supplies: $0.00
0
0
0
0
$0.00
$0.00
0
$0.00
$0.00
$0.00
0
$0.00
$0.00
Page 3 of 7
2) Mobile Phone and Data
$0.00
Account Fees:
3) Internet: $0.00
4) Other: $0.00
Description:
5) TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $0.00
E) Travel
1)In State Travel
a) Transportation:
$0.00
b) Meals & Lodging:
$0.00
c) Mileage:
$0.00
d) Incidental Expenses:
$0.00
e) Total In State Travel:
$0.00
2) Out of State Travel
a) Transportation:
$0.00
b) Meals & Lodging:
$0.00
C) Mileage:
$0.00
d) Incidental Expenses:
$0.00
e) Total Out of State Travel:
$0.00
3) TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS
Total Travel Paid Out of Chapter 59 Funds: $0.00
F) TRAINING
1) Fees (Conferences, $0.00
Seminars):
2) Materials (Books, CDs, $0.00
Videos, etc.):
3) Other: $0.00
Description:
4) TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS: $0.00
G) INVESTIGATIVE COSTS
EV01: � %� F'9 v � � Page 4 of 7
1) Informant Costs:
$0.00
2) Buy Money:
$0.00
3) Lab Expenses:
$0.00
4) Other:
$0.00
Description:
$0.00
5) TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $0.00
H) PREVENTION ! TREATMENT PROGRAMS/ FINANCIAL ASSISTANCE/ DONATIONS
1) Total PreventionfTreatment Programs (pursuant to 59.06 (d-3(6), (h), Q) ): $0.00
2) Total Financial Assistance (pursuant to Articles 59.06 (n) and (o) ): $0.00
3) Total Donations (pursuant to Articles 59.06 (d-2)): $0.00
4) TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL ASSISTANCE/DONATIONS (pursuant to Articles 59.06 $0.00
(d -3(6)),(h).0), (n),(o).(d-2)):
1) FACILITY COSTS
1) Building Purchase:
$0.00
2) Lease Payments:
$0.00
3) Remodeling:
$0.00
4) Maintenance Costs:
$0.00'
5) Utilities:
$0.00
6) Other:
$0.00
Description:
7) TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $0.00
J) MISCELLANEOUS FEES
1)Court Costs:
$0.00
2) Filing Fees:
$0.00
3) Insurance:
$0.00
4) Witness Fees (including $0.00
travel and security): m
5) Audit Costs and Fees
(including audit $0.00
preparation and
professional fees):
6) Other: $0.00
Description:
p9
Vol, _��. --Y1—Page 5 of 7
7) TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS:
K) PAID TO STATE TREASURY/ GENERAL FUND/ HEALTH & HUMAN SEVICES COMMISSION
1) Total paid to State Treasury due to lack of local agreement pursuant to 59.06 (c):
$0.00
2) Total paid to State Treasury due to participating in task force not established in accordance with 59.06 (q)(1):
$0.00
3) Total paid to General Fund pursuant to 59.06 (C-3) (c) (Texas Department of Public Safety only):
$0.00
4)Total forfeiture funds transferred to the Health and Human Services Commission pursuant to 59.06 (p):
$0.00
5) TOTAL PAID TO STATE TREASURY/ GENERAL FUNDI HEALTH & HUMAN SERVICES COMMISSION OUT OF
$0.00
CHAPTER 59 FUNDS:
L) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT
TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT: $0.00
M) TOTAL OTHER EXPENSES PAID OUT OF CHAPTER 59 FUNDS WHICH ARE NOT ACCOUNTED FOR IN.PREVIOUS CATEGORIES
TOTAL OTHER
EXPENSES PAID OUT
OF CHAPTER 59 FUNDS
WHICH ARE NOT $0.00
ACCOUNTED FOR IN
PREVIOUS
CATEGORIES:
Description:
N) TOTAL EXPENDITURES
TOTAL EXPENDITURES:
$0.00
AUDITOR/ TREASURER/ACCOUNTING PROFESSIONAUPREPARER
CERTIFICATION
By pressing "Save" below using your email address and password account access, and pursuant to the terms of service, you certify that you swear or
affirn that the Commissioners Court, City Council or Head of Agency(if no governing body) has requested that you conduct the audit required by
Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, you believe that
the information contained in this report is true and correct to the best of your Knowledge.
AUDITOR/ TREASURER/
ACCOUNTING
PROFESSIONAL/ Katie Butler
PREPARER
SIGNATURE:
TITLE: County Auditor
HEAD OF AGENCY CERTIFICATION
By pressing "Submit" below using your email address and password account access, and pursuant to the terms of service you swear or affirm, under
penalty of perjury, that you have accounted for the seizure, forfeiture. receipt, and specific expenditure of all proceedsandproperty subject to
P9— -
--0 Page 6 of 7
Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials,this asset
forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. You further swear or
affirm that, to the best of your knowledge, all expenditures reported herein were lawful and proper, and made in accordance with Texas law.
HEAD OF AGENCY
J.P. Ingram
SIGNATURE:
TITLE: Constable Pct. 3
DATE: 11/9/2015
Comments
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