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2015-12-29 10:00AM REGULAR MEETING
AT FILED FpR RECORD Z -Z3 —./K- BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 29, 2016 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 Catalena 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 -15: 3, Order dividing one election precinct and combining into another election precinct to comply with City of Bryan annexation ordinance # 2132. 4. Change to the mileage reimbursment rate from $0.575 to $Q.54 ver mile as Published by the IRS Change is effective for travel on or after January 1, 2016. 5. SO requests additional CIP funding in the amount of $773.00, in order to purchase two ballistic vests. 6. Consider and take action on amending the current 381 economic development agreement with FUJI. 7. Amendment to the axis Tax Abatement 8. Funding Agreement with Easter Seals East Texas. Inc. for FY 2016. g. Consider and take action on the Wellborn Special Utility District utility Permit to construct a road bore for a 14nch water line crossing under Chisolm Trail 375 feet Northwest of Weesaw Lane. Line will provide service to customer at 23386 Chisolm Trail. Site is located in Precinct 1. 10. Tax Refund Applications for the following: • a. Paws LLC-overpavment-$45.00 Vol. �� o Pg. 11. Budget Amendments. Budget Amendments FY 15-16 14.1 -14.2 12. Personnel Change of Status. Personnel Action Forms 13. Payment of Claims. 14. Convene into the following Executive Sessions: . a. Executive Session pursuant to Texas Government Code Section 551.072 to discuss real property. . b. Executive Session pursuant to Texas Government Code Section 551.087 to discuss or deliberate economic development negotiations. 15. Consider and possible action on Executive Sessions. 16. Sheriffs report on inmate population. 17. Announcement of interest items and possible future agenda topics. 18. Call for Citizen input and/or concerns. 19. Adjourn. 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 and/or 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 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or 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 and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or 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 and/or any person in the Court's presence and/or racial, ethnic or gentler slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4 such other and/or 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 propedy posted prior to the meeting. During the public comment period, speakers may address matters not fisted 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 and/or 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 part 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. Handicapparking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. a.30 Pg. //V BRAZOSCOUNTY BRYAN,TEXAS MINUTES December 29, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING E Signature Page.odf 0 File Starrped Agenda.pd e 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, December 29, 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 Catalena 2. Call for Citizen input and/or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 15: Order dividing one election precinct and combining into another election precinct to comply with F071?=-jo =P9-AL- City of Bryan annexation ordinance # 2132. Ifs-- Item 3.pdf A copy of the order is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 4. Change to the mileage reimbursment rate from $0.575 to $0.54 per mile as published by the IRS. Change is effective for travel on or after January 1, 2016. M Item 4.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 5. SO requests additional CIP funding, in the amount of $773.00, in order to purchase two ballistic vests. tq Item 5.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 6. Consider and take action on amending the current 381 economic development agreement with FUJI. 95 Item 6.pdf Civil Counsel Bill Ballard stated that a provision was added to clarify the base value and include a specific ending date. On a motion by Commissioner Mallard and seconded by Commissioner Wassermann, the Court voted unanimously to accept the agreement with the included changes. A copy of the amended agreement is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Amendment to the axis Tax Abatement R Item 7.pdf Judge Peters stated that this will give Axis credit for areas where they went over to balance out where they were short. Employee numbers were not met, but salaries are over. A copy of the amended agreement is attached Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Funding Agreement with Easter Seals East Texas, Inc. for FY 2016. ILL Item 8.pdf A copy of the funding agreement is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . -vol 9. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Chisolm Trail 375 feet Northwest of Weesaw Lane. Line will provide service to customer at 23386 Chisolm Trail. Site is located in Precinct 1. 2 Item 9.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Tax Refund Applications for the following: e a. Paws LLC -overpayment -$45.00 112 Item 10.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 11. Budget Amendments. Budget Amendments FY 15-16 14.1 - 14.2 IU Item 11.pdf 14.1 Reallocate funds for General Capital Improvements - Juvenile Services. 14.2 Reallocate funds for General Capital Improvements - Information Technology. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 12. Personnel Change of Status. Personnel Action Forms 0 Item 12.pdf A copy of the Personnel Change of Status requests 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 . 13. Payment of Claims. IBJ BILL LIST 12.29.15.pdf Sion in sheet.pdf 7140003-7140160 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 14. Convene into the following Executive Sessions: . a. Executive Session pursuant to Texas Government Code Section 551.072 to discuss real property. . b. Executive Session pursuant to Texas Government Code Section 551.087 to discuss or deliberate economic development negotiations. Fjc)ija-OPg. ii7 At this point, the County Judge announced the Court would consider items 16 through 18 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:13 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.072 and Section 551.087 as stated above. The following individuals were asked to stay for both Executive Sessions: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel 15. Consider and possible action on Executive Sessions. At 10:34 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 16. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 588 inmates in jail, 26 have electronic monitors and 24 are pending for monitors. Sheriff Kirk wished everyone a Happy New Year. 17. Announcement of interest items and possible future agenda topics. There were no announcements. 18. Call for Citizen input and/or concerns. There was no citizen's input. 19. Adjourn. ry ol. -:9! � 3=OP /�� The foregoing minutes of the Commissioners Court meeting held December 29, 2015 have been examined and are approved in open Court this 914 day of i n , 201/, ih Bryan, Brazos County, Texas. County Judge Lloyd' Wassermann Commissioner, Precinct 1 Sammy Cat ena Kenny Mallard Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, Precinct 4 Attest: ��>�� aren McQueen County Clerk Pa! o�4-- BRAZOSCOUNTY COMMISSIONER'S COURT r. k DAY OD Name (PLEASE P N, 0-)(yj V\ -CA n5 20 ( 6 M, Organization (PLEASE PRIM Aolvww &mn . ©yL15 �y V Vol. oM D pg, %� D P2 -j— of A BRAZOS COUNTY COMMISSIONTER' S COURT &a4, DAY OF �'(AM)PM, 20 15 Name Organization (PLEASE PRLNTT) (PLEASE PRDvT ) Vol. 736 R ORDER DIVIDING ONE ELECTION PRECINCT AND COMBINING INTO ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance #2132annexing 152.8 acres of land located in Voting Precinct 29; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct; and WHEREAS, Section 42.008 (1) of the Texas Election Code provides for combining election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 29 be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit: 1. Election Precinct 29 be divided and be combined with Election Precinct 70; 2. Election Precinct 70 be extended to follow the new City of Bryan city limit lines and vote at the current polling location; Vol. a3o pg.!-�� ADOPTED this 99Tday ofwol5 by a vote of 5 AYES and 0 NAYS. ATTEST: Karen McQueen, County Clerk Duane Peters, County Judge bol. _v 3 2 P9._Z41 I FIRST AMENDED ECONOMIC DEVELOPMENT AGREEMENT BETWEEN BRAZOS COUNTY AND FUJIFILM DYOSYNTH BIOTECHNOLOGIES TEXAS, LLC ( FORMERLY KALON BIOTHERAPEUTICS, L.L.C.) This Economic Development Grant Agreement (this "Agreement") is entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas (hereinafter referred to as "COUNTY"), and FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC, a Texas Limited Liability Company (hereinafter referred to as "DEVELOPER"). WHEREAS, COUNTY is authorized and empowered under TEXAS LOCAL GOVERNMENT CODE, Chapter 381 and other applicable Texas laws pertaining to economic development to make grants of public money to promote state and local economic development and to stimulate business and commercial activity in Brazos County; and, WHEREAS, COUNTY actively seeks economic development prospects in Brazos County through participation in and establishment of an economic development program; and, WHEREAS, COUNTY desires to stimulate business and commercial activity in the Research Valley Biocorridor (hereinafter referred to as the "Biocorridor"); and, WHEREAS, on December 8, 2014, DEVELOPER changed its name from Katon Biotherapeutics, LLC to FUJIFILM Diosynth Biotechnologies Texas, LLC; and, WHEREAS, DEVELOPER is developing property located within the Biocorridor as commercial development for use as a research and manufacturing site; and, WHEREAS, COUNTY considers DEVELOPER to be a qualified economic development prospect that will add capital investment, and create new jobs in the community; and, WHEREAS, in consideration of DEVELOPER's operation of its business within the Biocorridor and in accordance with the performance measures set forth herein, COUNTY agrees to grant to DEVELOPER Cash Incentives 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 GOVERNNIENT CODE, Chapter 381 and other law, DEVELOPER agrees to comply with certain conditions for receiving those benefits, including conditions relating to property development, job creations and business operations; and, WHEREAS, as of December 31, 2012, DEVELOPER had 31 full-time employees, and DEVELOPER's calendar year 2012 payroll reported to the Texas Workforce Commission for all full-time employees (some of whom were hired during 2012) was $1.9 million; and, c:\users\bae4626\appdata\local\microsoft\windows\temporary internet files\content. outlook\vegyeopt\first amended 381 agreement fujiflm final clean.doc Page 1 I��I._ a3° WHEREAS, in reliance on the incentives proposal communicated to DEVELOPER by The Research Valley Partnership, Inc., DEVELOPER has begun hiring new full-time employees, and after the execution of this Agreement will continue to add new employees in order to meet the employment requirements of this Agreement. WHEREAS, both parties desire to enter into this First Amended Agreement to further clarify and define their roles in the Agreement. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and promises hereinafter set forth, COUNTY and DEVELOPER (each a "Party," collectively, the "Parties") represent and agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "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. "Base Year Taxable Value" shall mean the Taxable Value for the Property for 2014, which is Twenty Three Million Eight Hundred Seventy One Thousand Two Hundred Ten Dollars and no./1.00 ($23,871,210.00.) "Cash Incentive(s)" shall mean that amount paid each year by COUNTY to DEVELOPER as a grant under TExAs LocAL GOVERNMENT CODE, Chapter 381. Such amount shall be calculated based upon an annually reducing percentage of the ad valorem taxes generated by the Property, Improvements and Tangible Personal Property during each year of the Agreement. "Completion of Construction" shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for the Improvements. "Effective Date" shall mean the date upon which this Agreement is fully executed by all Parties, unless the context indicates otherwise. c:\users\hae4626\appdata\local\microsoft\windows\temporary internet files\content.outlook\vegyeopt\first amended 381 agreementfujiflm final clean.doc Page 2 Vol.. ot�d Pg._% "First Year of Cash Incentive(s)" shall mean the first calendar year immediately following the date of Completion of Construction. "Full Time Employee" or FTE" shall mean any person (i) who is an employee of DEVELOPER or an Affiliate (excluding temporary or seasonal employees) who is on the payroll in a budgeted position and has an officially scheduled work week of thirty-five (35) hours or more and who according to DEVELOPER or Affiliate company policy is entitled to full benefits as a full time employee or (ii) who is an independent contractor engaged by DEVELOPER or an Affiliate to provide services supporting Biocorridor operations and who has received compensation from DEVELOPER or an Affiliate based on an average of at least thirty-five (3 5) hours worked per week for the two (2) months preceding a date on which FTEs are measured for purposes of this Agreement. "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. "Gross Payroll" shall mean the sum of (A) the payroll numbers that DEVELOPER or an Affiliate reports to the Texas Workforce Commission quarterly for employees for the four preceding consecutive calendar quarters ending on or prior to a date of measurement under this Agreement plus (B) the sum of the amounts of nonemployee compensation reported on Internal Revenue Service Forms 1099 issued by DEVELOPER or an Affiliate to independent contractors who are FTEs for services rendered during the twelve preceding consecutive calendar months ending on or prior to a date of measurement under this Agreement. "Improvements" shall mean the live virus vaccine facility and pandemic influenza facility to be constructed on the Property and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by DEVELOPER with the City of College Station, from time to time, in order to obtain a building permit(s). "Property" means the real property depicted in Exhibit "A", not including any improvements constructed on such real property. "DEVELOPER" shall mean FUJIFILM Diosynth Biotechnologies Texas, LLC "Premises" shall mean collectively, the Property and Improvements following construction thereof, but excluding the Tangible Personal Property. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures, excluding inventory and supplies, owned or leased by DEVELOPER that is added to the Improvements subsequent to the execution of this Agreement. c:\users\bae4626kappdataklocailmicrosoftlwindowsltemporary internet files\content.outlook\vegyeopt\first amended 381 agreement fujifilm final clean.doe / / Page 3 Vol. o<�� pg. / e u "Taxable Value" means the appraised value as certified by the Brazos Central Appraisal District as of January l't of a given year. Article II General Provisions 2.1 All of the above statements are hereby found to be true and are hereby approved and copied into the body of this Agreement as if copied in their entirety. 2.2 DEVELOPER owns or is under contract to own the Property, which Property is located within the city limits of the City of College Station and within the Biocorridor. DEVELOPER intends to construct or cause to be constructed and to operate the Improvements on the Property. 2.3 DEVELOPER shall, before August 25`x' 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. 2.4 The Property and the Improvements constructed thereon at all times shall be used in the manner that is consistent with the general purposes of encouraging development or redevelopment within the Biocorridor. Article III Cash Incentives Authorized 3.1 Subject to the terms and conditions of this Agreement, and provided that the combined Taxable Value for the Improvements, Property and Tangible Personal Property is at least Seventy Million Dollars ($70,000,000.00) additional value above Base Year Taxable Value as of January 1" of the First Year of Cash Incentives and as of January 1st of each year thereafter that this Agreement is in effect, COUNTY hereby grants an annual Cash Incentive to DEVELOPER in the following amounts: Year Annual Cash Incentive Year 1 $266,238.00 Year 2 $236,656.00 Year 3 $207,074.00 Year 4 $207,074.00 Year 5 $207,074.00 Year 6 $207,074.00 Year 7 $147,910.00 c:\users\bae4626\appdata\local\microsoft\windows\temporary internet files\content.outlook\vegyeopt\first amended 381 agreement fulifllm final clean,doc ---.-----Page 4 Pg./o?, The DEVELOPER must maintain a valuation on the Improvements, Property, and Tangible Personal Property of at least SEVENTY MILLION DOLLARS ($70,000,000.00) as established by the Brazos County Appraisal District beginning in 2017 (Year 1) and continuing throughout the remaining term of the Agreement. The Brazos County Appraisal District shall determine the value of all real and personal property during the term of this Agreement. 3.2 The total amount paid under this Agreement will in no event exceed $1,479,100.00, at which time COUNTY's obligation to grant Cash Incentives to DEVELOPER ends. 3.3 COUNTY will remit the first annual Cash Incentive to DEVELOPER no later than October 315` of the First Year of Cash Incentive (2017). COUNTY will remit subsequent annual Cash Incentives no later than October 3151 of each year thereafter for the temi of this Agreement. 3.4 During the period of the Cash Incentives herein authorized, 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. 3.5 DEVELOPER agrees to continuously own the Premises for a period of at least seven (7) years beginning with the First Year of Cash Incentives; provided, (i) DEVELOPER without COUNTY consent may engage in a sale-leaseback or similar transfer of ownership of the Premises as long as DEVELOPER continues to occupy and operate the Premises, (ii) DEVELOPER without COUNTY consent may transfer ownership of the Premises to an Affiliate; and (iii) DEVELOPER may transfer ownership of the Premises to a person that COUNTY approves as an assignee of this Agreement pursuant to Section 9.8 of this Agreement. 3.6 The term of this Agreement shall begin on the Effective Date and shall continue until December 3151 of the calendar year following the seventh (7h) anniversary date of the First Year of Cash Incentives, unless sooner terminated as provided herein. Article IV Improvements 4.1 DEVELOPER owns or is under contract to own the Property and intends to construct or cause to be constructed thereon the Improvements, and locate Tangible Personal Property thereon. 4.2 Completion of Construction is a condition precedent to the initiation of DEVELOPER's Cash Incentive pursuant to this Agreement. The parties acknowledge that Completion of Construction shall occur by December 31, 2016. All construction of the c:\users\bae4626\appdata\locai\microsoft\windows\temporary internet files\content.outlock\vegyeopt\first amended 381 agreement fujifilm final clean.doc Page 5 vol. _a 3 6 Pg. /C& Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereot). 4.3 Construction plans for the Improvements constructed on the Property will be Sled with the City of College Station, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 DEVELOPER agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 COUNTY, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to DEVELOPER, and in accordance with visitor access and security policies of DEVELOPER, 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). Article V Employment and Job Creation DEVELOPER agrees that on or before January 1, 2018, and each year thereafter for the term of this Agreement, DEVELOPER will employ no fewer than a total of 100 FTE's with a total Gross Payroll no less than $6,000,000. On or before, August 25, 2018, and August 25a' of each year thereafter, DEVELOPER shall deliver to COUNTY documentation, including, but not limited to, Texas Workforce Commission quarterly reports, demonstrating that DEVELOPER met the employment and job creation targets for the preceding year. Article VI Default 6.1 If DEVELOPER defaults in any tern or condition of this Agreement, then COUNTY shall not be obligated to approve disbursement of the Cash Incentives for that year in which the default occurred. 6.2 COUNTY shall give to DEVELOPER notice of any default. To the extent a default may be cured, DEVELOPER shall have the right, but not the obligation, to cure the default within thirty (30) days of receiving written notice from COUNTY. If the default cannot reasonably be cured within a thirty (30) day period, and DEVELOPER has diligently pursued such remedies as shall be reasonably necessary to cure such default, then COUNTY shall extend for a reasonable additional length of time the period in which the default must be cured. If DEVELOPER fails to cure the default within the time provided as specified above or, as such time period may be extended, then COUNTY at its sole option shall have the right to terminate this Agreement with respect to DEVELOPER, by written notice to DEVELOPER. c:\users\bae4626\appdataUocal\microsoft\windows\temporary internet files\content.oullook\vegyeopt\first amended 381 agreement fujifilm final clean.doc Page 6 Vol. _�_.3 p9• /0z 6.3 In the event a Party defaults, then the other Party shall have available to it all remedies at law and equity. Article VII Miscellaneous 7.t Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered: If intended for COUNTY, to: Attn: Budget Officer Brazos County 200 S. Texas Avenue Bryan, Texas, Texas 77803 If intended for DEVELOPER, to: Attn: Controller FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC 100 Discovery Drive, Suite 200 College Station, Texas 77845 7.2 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all tunes to delete said invalid section, subsection, paragraph, sentence, phrase or word. 7.3 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Brazos County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 7.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 7.5 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided c.fusers\bae4626\appdata\local\microsoft\windows\temporary internet files\content.outVook\vegyeopt\first amended 381 agreement fujifilm final clean.doc Page 7 herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 7.6 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 7.7 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 7.8 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by DEVELOPER without the prior written consent of COUNTY which consent shall not be unreasonably withheld, conditioned or delayed. 7.9 Right of Offset. COUNTY may at its option, offset any amounts due and payable tinder this Agreement against any debt (including taxes) lawfully due to COUNTY from DEVELOPER, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due COUNTY has been reduced to judgment by a court; provided, however (i) COUNTY shall provide DEVELOPER notice within thirty (30) days of determining that any debt is believed lawfully due to COUNTY from DEVELOPER; (ii) DEVELOPER shall have an opportunity to resolve or pay such debt to COUNTY within thirty (30) days after receipt of notice before any offset to amounts payable tinder this Agreement may occur; and (iii) DEVELOPER retains all rights to timely and properly contest whether or in what amount any debt is owed to COUNTY, and COUNTY may not offset any asserted amount of debt owed by DEVELOPER against amounts due and owing under this Agreement during any period during which DEVELOPER is timely and properly contesting whether such amount of debt is due and owing. 7.10 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of COUNTY and DEVELOPER. 7.11 Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 7.12 Authority to Contract. Each Party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 7.13 No Debt. Under no circumstances shall the obligations of COUNTY hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision; provided; however, COUNTY agrees during the term of this c:\users\bae4626\appdata\local\microsoft\windows\temporary internet files\content.outlook\vegyeopt\first amended 381 aqreement fuiifilm final clean.doc Page 8 Agreement to make a good faith effort to appropriate funds each year to pay amounts under this Agreement for the then ensuing fiscal year. 7.14 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 the 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 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. 7.15 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. 7.16 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. [SIGNATURES TO FOLLOW ON THE NEXT PAGE] c:\users\bae4626\appdata\local\microsoftlwindows\temporary internet files\content. outlook\vegyeopt\first amended 381 agreement fujifilm final clean.doc Page 9 EO 1. ,7U 151 pg, /3.2— BRA ZOS UNT EXAS BY: Duane Pe ers, County Judge Date: I %i I Zq Ji 5,- ATTES L-0 County Clerk Date: 1J-3/ /-5-- FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC BY: John Foy, Chief Executive Officer Date: THE STATE OF TEXAS ACKNOWLEDGMENT F4 neffutow"S Before me, the undersigned authority, on this day personally appeared John Foy, Chief Executive Officer ofFUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC, a Texas Limited Liability Company, and known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the of 2015. Notary Public in and for the State of Texas c:\users\bae4626\appdata\local\microsoftlwindows\temporary internet files\content.outlock\vegyeopt\first amended 381 agreement fujifilm final clean.doc --Page 10 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY c:\users\bae4626\appdata\local\microsoft\windows\temporary internet fileslcontent.oullook\vegyeopt\first amended 381 agreement fujifilm final clean.a6c Page 11 Vol. o� pg, �.�� 7 SECOND AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER TWO (2) FOR COMMERCIAL — INDUSTRIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § This Second Amendment to Agreement for Development and Tax Abatement in Reinvestment Zone Number Two (2) for Commercial — Industrial Tax Abatement, Brazos County, Texas ("Agreement") is entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "COUNTY"), and Axis Pipe and Tube, Inc. a Delaware corporation (hereinafter collectively referred to as "OWNER") and replaces that similar Agreement previously entered into between the parties. WITNESSETH: WHEREAS, COUNTY ordered ("Order") the designation of Tax Abatement Reinvestment Zone No. 2 ("Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended ("Tax Code"); and, WHEREAS, Brazos County, Texas is authorized under Chapter 312, Tax Code, to participate in a reinvestment zone created within the COUNTY; and, WHEREAS, the Brazos County Commissioners Court has adopted guidelines for tax abatement ("Tax Abatement Guidelines"); and, WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria concerning tax abatement agreements to be entered into by the COUNTY as contemplated by the Tax Code; and, C:\Users\bae4626\Desktop\Second Amended Tae Abatement Agreement FINAL .CLEAN.doc _ Page 1 WHEREAS, the COUNTY has adopted a resolution stating that it elects to be eligible to participate in tax abatement (the "Resolution"); and, WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of Brazos County, Texas, it is in the best interests of the taxpayers for the COUNTY to enter into this Agreement in accordance with said Order, the Tax Abatement Guidelines and the Tax Code; and, WHEREAS, OWNER owns real property described in Exhibit "A" ("Premises') and intends to construct certain contemplated improvements described herein ("Improvements"); and, WHEREAS, OWNER'S development efforts described herein will create permanent new jobs in the COUNTY; and, WHEREAS, the Brazos County Commissioners Court finds that the contemplated use of the Premises (hereinafter defined), and the contemplated Improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Resolution adopted by the COUNTY, the Tax Code and all other applicable laws; and, WHEREAS, the Brazos County Commissioners Court finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the COUNTY after expiration of this Agreement; and, .batement Agreement FINAL CLEANAoc — I page 2 Vol. _0�3� Pg.—ZJ WHEREAS, the County desires to encourage OWNER to achieve a greater minimum investment valuation at its Facility than the requisite ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000.00); and, WHEREAS, the COUNTY desires to enter into an agreement with OWNER, being owner of Tangible Personal Property (hereinafter defined), within the Zone for the abatement of taxes pursuant to Chapter 313 of the Tax Code as amended. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Brazos County and the enhancement of the tax base in the COUNTY, the parties agree as follows: DEFINITIONS In this Agreement, an affiliate is any entity who or which, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with Axis Pipe and Tube, Inc. (sometimes referred to herein as "Affiliate"). The term "control' for these purposes means the ability, whether by ownership of shares or other equity interest, by contract or otherwise, to elect a majority of the directors of a corporation or have the power to remove and then select a majority of those persons governing authority over an entity. GENERAL PROVISIONS 1. The real property on which the real property Improvements, personal property and equipment (collectively, "Property") to be abated pursuant to this Agreement will be C:\Users\bae4626\Desktop\Second Amended Tax AbatementAgreement FINAL CLEAN.doc Page 3 Vol. a✓7� pg. -157 situated, is a tract of land located within Brazos County and within the Zone, consisting of approximately 185 acres of land, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes ("Land"). 2. OWNER of Property shall construct, or cause to be constructed, thereon a product production and distribution facility having an initial minimum size of 385,000 sq. ft. (and other ancillary facilities such as reasonably required parking and landscaping) and any additions or expansions thereof as further described herein. 3. OWNER shall achieve a minimum investment valuation at its Facility (as defined in paragraph 13), per Brazos County valuation, of ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000.00) by November 1, 2016. 4. OWNER shall employ a minimum of two hundred eighty-five (285) full time employees (FTEs) at its Facility with a minimum annual payroll of TEN MILLION FIVE HUNDRED FORTY FIVE THOUSAND DOLLARS ($10,545,000.00) by November 1, 2016. 5. The approximate location of the initial real property Improvements shall be depicted on a site plan or diagram attached to this Agreement as Exhibit "B". The Land and all Improvements constructed thereon, including those initially constructed and any expansion thereof will be hereinafter referred to as the "Premises". 6. The Premises are not in an improved project financed by tax increment bonds. 7. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the COUNTY. 8. The Premises are not owned by any member of the Bryan City Council or any member of the Bryan Planning and Zoning Commission or . Brazos County C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL ELEAN.doc Page 4 Vol. of Commissioners Court, or any member of the governing body of any taxing units joining in or adopting this Agreement. 9. For the purposes of this Agreement, the term "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures, inventory, and supplies, owned and/or leased by OWNER or Affiliate and added to the Premises subsequent to the execution of this Agreement. 9.a. Axis shall purchase an additional sixty (60) acres at a price of $0.94 per square foot within eighteen twelve (12) months of the purchase of the approximately one hundred sixty (160) acres. TAX ABATEMENT AUTHORIZED 10. This Agreement is authorized by Chapter 312 of the Texas Tax Code and in accordance with the County Tax Abatement Guidelines, and approved by the Commissioners Court of the COUNTY authorizing the execution of this Agreement. 11. The period of tax abatement herein authorized shall be for a period of ten (10) years, unless sooner terminated. 12. During the period of tax abatement herein authorized, OWNER shall be subject to all COUNTY taxation not abated or otherwise exempt. 13. COUNTY hereby grants to OWNER, a partial exemption from ad valorem taxation on the Premises plus the Tangible Personal Property ("Facility") as set forth in this Section, subject to all of the terms and conditions contained in this Agreement ("Abatement'). The Abatement during each tax year covered by this Agreement shall be computed by taking a percentage of the increase in value of the Facility on January 1st of each tax year over the value on January 1st of 2013 which is the year this C:\Users\bae4626\Desktop\Second Amended Tax AbatementAgreement FINAL CLEAN.doc i Page 5 IVol. �3 pg, A Z' Agreement was executed by OWNER and COUNTY. The Abatement percentages are as follows: Tax Year Tax Abatement Percentage Year 1 (2013) 100 Year 2 (2014) 100 Year 3 (2015) 100 Year 4 (2016) 100 Year 5 (2017) 80 Year 6 (2018) 70 Year 7 (2019) 70 Year 8 (2020) 50 Year 9 (2021) 40 Year10(2022) 30 The COUNTY shall give an Abatement of 100% of the appraised valuation of the Premises for Years one (1) through four (4). In Year five (5), the COUNTY shall give an Abatement of 80% of the appraised valuation of the Premises. In Years six (6) and seven (7), the COUNTY shall give an Abatement of 70% of the appraised valuation of the Premises. In Year eight (8), the COUNTY shall give an Abatement of 50% of the appraised valuation of the Premises. In Year nine (9), the COUNTY shall abate 40% of the appraised valuation of the Premises. In Year ten (10), the COUNTY shall abate 30% of the appraised valuation of the Premises. For purposes of this section, the value of the Land was $7,100,000.00 on January 1, 2013. For purposes of this section, the personal property and equipment to be abated had a value of $0.00 on January 1, 2013, because it was not situated on the Premises on that date. REQUIREMENTS 14. All of the following obligations of OWNER form the consideration for COUNTY entering into this Agreement: C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 6 a. OWNER shall construct a production and distribution Facility on the Premises with an initial minimum size of 385,000 square feet, and the valuation -of the Facility, which shall include the production and distribution facility, may also include any expansions thereof on or other Improvements on the Premises, shall be ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000.00) in value as established by Brazos County on November 1, 2016. The Owner must maintain a valuation on the Premises of at least ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000,00) as established by Brazos County beginning in 2016 (Year 4) and continue throughout the remaining term of the Agreement. Brazos County shall determine the value of all real and personal property during the term of this Agreement. b. Axis shall purchase an additional sixty (60) acres (Expansion Tract) at a price of $0.94 per square foot within eighteen twelve (12) months of the purchase of the one hundred sixty (160) acres. c. A schedule of current estimates for Tangible Personal Property shall be attached as Exhibit "C" hereto and made a part hereof for all purposes no later than thirty days following the execution of this Agreement. d. OWNER shall employ a minimum of two hundred eighty-five (285) full time employees ("FTEs") at its Facility with an annual payroll of, a minimum of, TEN MILLION FIVE HUNDRED FORTY FIVE THOUSAND DOLLARS ($10,545,000.00) by November 1, 2016, and maintain this valuation, at a minimum, from 2016 (Year 4) throughout the term of this Agreement. Ci\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN,doc Page % P'g• Z l ' e. Failure of OWNER to meet all economic benchmarks of the Agreement will not automatically result in a breach of this Agreement. COUNTY desires to encourage OWNER to achieve a greater minimum investment valuation at its Facility than the requisite ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000.00). OWNER may offset non-compliance in Paragraph 14(d) with over valuation in Paragraph 14(a). Axis will be deemed in compliance of the Economic Development Agreement if the percentage of the total economic benchmarks is 100 or more based on the following formula: {113 ([Valuation/120,000,000]*100)) + {113 ([Salary/10,545,000]*100) + {1/3 [(#emp/285)*100]1 ***Calculations will be kept in the fourth decimal format. Benchmarks: Valuation $120,000,000 Salary $10,545,000 # of Employees: 285 Example of Compliance Valuation: 240,000,000 In Compliance Salary: 7,000,000 Out of Compliance #emp: 150 Out of Compliance Because all three are not in compliance, the formula will be calculated as follows: {113 ([240,000,0001120,000,000]*100)) + (1/3 ([7,000,000/10,545,000]*100) + {1/3 [(150/285)*1001) = 66.6667 + 22.1274 + 17.5439 =106.3383 In Compliance Failure of the Companv to be in Valuation: 180,000,000 In Compliance Salary: 7,000,000 Out of Compliance #emp: 150 Out of Compliance Because all three are not in compliance, the formula will be calculated as follows: {1/3 ([180,000,000/120,000,000]*100))+{1/3 ([7,000,000/10,545,000]*100) + {1/3 [(150/285)*1001) = 50.0000 + 22.1274 + 17.5439 =89.6713 Out of Compliance e with the formula does not automatically result in a breach of contract. Axis will be deemed out of compliance and in breach of contract if the company falls under 50% compliance. If the Company falls below 100% but above 50%, their abated taxes will be adjusted according to the schedule below: Greater than 90% but less than 100% Taxes will be abated at 90% of Abatement % for the Tax Year Greater than 80% but less than 90% Taxes will be abated at 80% of Abatement % for the Tax Year C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 8 Greater than 70% but less than 80% Taxes will be abated at 70% of Abatement % for the Tax Year Greater than 60% but less than 70 Taxes will be abated at 60% of Abatement % for the Tax Year Greater than 60% but less than 60% Taxes will be abated at 50% of Abatement % for the Tax Year 15. The term of the Agreement shall be ten (10) years. 16. OWNER agrees that the site plan, exterior design drawings, specifications and materials (hereinafter referred to as "Plans") for the Improvements will be submitted to COUNTY for review not later than thirty (30) days following the execution of this Agreement. Upon acceptance of the Plans by the COUNTY, the Plans shall become a part of this Agreement and incorporated hereto at Exhibit "D." An official set of Plans will be kept on file with the COUNTY. 17. OWNER agrees to occupy the Improvements (except as otherwise permitted under Paragraph 34 hereof) and locate Tangible Personal Property on the Premises. Nothing in this Agreement shall obligate OWNER to construct the Improvements on the Land, nor obligate OWNER to occupy the Improvements, and/or to locate Tangible Personal Property on the Premises but said actions are a condition precedent to Abatement pursuant to this Agreement. 18. OWNER agrees to provide COUNTY and its designees access to the Premises during regular business hours throughout the term of this Agreement for the purposes of inspection and examination of books, records, construction, workmanship, materials, and installations to determine that OWNER has complied with any requirement of this Agreement to inspect the Improvements at reasonable times and with reasonable notice to OWNER, and in accordance with OWNER'S visitor access and security policies. C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 9 19. OWNER agrees that COUNTY assumes no liability or responsibility by approving plans, issuing building permits or making inspections in the event there is a defect in the Improvements constructed on the Premises. The relationship between COUNTY, OWNER and any taxing unit shall not be deemed to be a partnership or joint venture for purposes of this Agreement. 20. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, officials, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from OWNER's construction, use and operation of the Premises. 21. OWNER agrees to pay all ad valorem taxes and assessments (except as abated pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or assessments becoming delinquent. OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event that OWNER contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to COUNTY prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom. C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 10 Vol. CONSTRUCTION OF THE IMPROVEMENTS 22. As a condition precedent to the initiation of Abatement pursuant to this Agreement, OWNER will diligently and faithfully, in good and workmanlike manner, pursue the completion of the contemplated Improvements on or before November 1, 2016, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that OWNER shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if OWNER is diligently and faithfully pursuing completion of the Improvements. For the purposes of this Agreement, the term "Force Majeure" shall mean any contingency or cause beyond the reasonable control of OWNER 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 OWNER), fires, explosions or floods, strikes, slowdowns or work stoppages. 23. OWNER agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). OWNER agrees that the Improvements shall be used to support consumer products production and distribution for the term of this Agreement. 24. The COUNTY, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to OWNER, and in accordance with OWNER'S visitor access and security policies, in order to insure that the construction of the Improvements are in C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 11 [V 0 I. F'g. /S��/ accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). GENERAL REQUIREMENTS 25. Site plans for the Improvements constructed on the Premise will be filed with the COUNTY, which shall be deemed incorporated by reference herein and made a part hereof for all purposes. 26. After completion of the Improvements, OWNER shall certify in writing to the COUNTY the construction cost of the Improvements. 27. OWNER shall, prior to March 1 of each calendar year, certify in writing to the COUNTY or its designated agent that it is in compliance with the Agreement. 28. The Premises shall be used in the manner that is consistent with the general purposes of encouraging development or redevelopment within the Zone. 29. OWNER agrees to continuously occupy the Improvements for a period of ten (10) years commencing the Year 1 of Abatement, except as otherwise permitted under Paragraph 34 hereof. DEFAULT: RECAPTURE OF ABATED TAX 30. In the event OWNER (i) fails to complete the Improvements in accordance with this Agreement; (ii) has delinquent ad valorem or sales taxes owed to the COUNTY (provided such party retains its right to timely and properly protest such taxes or assessment); (iii) has an "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this Agreement, then such party, after the expiration of the notice and cure periods described below, shall be in default of this Agreement (the "Defaulting Party"). As liquidated damages in the event of such default, the OWNER Page 12 Vol. _��� P9•_/�� shall, within thirty (30) days after demand, pay to the COUNTY all taxes which otherwise would have been paid to the COUNTY without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the OWNER, their respective successors and assigns and shall constitute a tax lien on the Premises and/or the Tangible Personal Property, as the case may be, shall become due, owing and shall be paid to the COUNTY within thirty (30) days after default or termination of this Agreement. However, County shall not recapture taxes, penalties, or damages, liquidated or otherwise, for years in which Owner was in compliance with this Agreement. For the purposes of this Agreement the term "Event of Bankruptcy or Insolvency" shall mean that (i) OWNER, on a consolidated basis, admits in writing its inability to pay its debts as they become due, subject to applicable grace periods, or commences any Insolvency Proceeding (as hereinafter defined) with respect to itself, (ii) any involuntary Insolvency Proceeding is commenced or filed against OWNER or any of its material subsidiaries, and any such proceeding or petition shall not be dismissed within one hundred twenty (120) days after commencement or filing; or (iii) OWNER or any of its material subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar person for itself or a substantial portion of its property or business. "Insolvency Proceeding" means (a) any case, action or proceeding before any court or other governmental authority relating to bankruptcy, C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN..docc Page 13 Vol. _� J� Pg._/V reorganization, insolvency, liquidation, receivership, dissolution, winding -up or relief of debtors, or (b) any general assignment for the benefit of creditors, composition, marshaling of assets for creditors, or other, similar arrangement in respect of its creditors generally or any substantial portion of its creditors; in each case in (a) and (b) above, undertaken under U.S. Federal, state or foreign law, including the United States Bankruptcy Code. 31. Upon breach by OWNER of any obligations under this Agreement, the COUNTY shall notify the OWNER in writing. OWNER shall have thirty (30) days from receipt of the notice in which to cure any such breach. ANNUAL APPLICATION FOR EXEMPTION; RENDITION 32. It shall be the responsibility of the OWNER, pursuant to the Tax Code, to file annually the Application for Property Tax Abatement Exemption, the current form of which is attached hereto as Exhibit "F", which the eligible taxable property has situs. A copy of the exemption application shall upon written request be submitted to the COUNTY. 33. OWNER shall annually render the value of the Improvements and the Tangible Personal Property to the Brazos County Appraisal District and upon written request provide a copy of the same to the COUNTY. SUCCESSOR AND ASSIGNS 34. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. OWNER shall not assign this Agreement without the written C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreeemenn_t,FINALCLEAN. Page 14 Vol. _ pg, approval of the COUNTY. If OWNER assigns this Agreement without written approval of the Brazos County Commissioner's Court, this Agreement shall terminate immediately and the partial abatement of any property taxes shall cease from the date such unauthorized assignment occurred. MISCELLANEOUS. 35. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 36. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 37. Sole Agreement. This Agreement constitutes the sole and only Agreement of the parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 38. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. I Page 15 Vol. _4 ✓ pg. _/S�� 39. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 40. No Waiver. COUNTY's failure to take action to enforce this Agreement in the event of OWNER's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to enforce this Agreement on subsequent occasions. 41. Notices. COUNTY and OWNER hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: COUNTY Duane Peters Brazos County Judge Brazos County 300 East 26th Street Bryan, Texas 77805 OWNER Axis Pipe and Tube, Inc. 42. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 43. Incorporation of Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 44. Duplicate Originals. The parties hereto have executed this Agreement in duplicate originals, each of equal dignity. Each party has stated the execution date below the signature of its authorized representative. If the parties sign this Agreement C:\Users\bae4626\Deskmp\Second Amended Tax Abatement Agreement FINAL-ai;EAN:doc Page 16 Vol. _✓ on different dates, the later date shall be the effective date of this Agreement for all purposes. In witness whereof the parties have executed this Agreement to be effective as of the date of the last party's execution: AXIS PIPE AND TUBE, INC. a Delaware corporation ✓' "� Name:—tao,--,�5�a Title: U P Date: tz ! C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 17 EXHIBIT "A" PREMISES Tract One Being 159.047 acres (6,928,062 square feet), more or less, lying and being situated in the L. McLaughlin Survey, Abstract No. 38, out of and a part of a called 725.31 acre tract or parcel of land, lying and being situated in the L. McLaughlin Survey, Abstract No. 38, in the W. S. Martin Survey, Abstract No. 35, in the 0. Wilcox Survey, Abstract No. 234, in the M. Mitchell Survey, Abstract No. 181, and in the A. G. Gholson Survey, Abstract No. 123, Brazos County, Texas, as described in the Partition and Exchange Agreement by and between Esther Jane Grant McDougal, et vir, and Diebel Family Partners, Ltd, as recorded in Volume 2601, Page 98, of the Official Records of Brazos County, Texas AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" IRON ROD WITH CAP #2003 MARKING THE MOST NORTHERLY CORNER OF THE SAID 725.31 ACRE TRACT; THENCE: SOUTH 41 DEGREES O8 MINUTES 17 SECONDS WEST, WITH A NORTHWEST LINE OF THE SAID 725.31 ACRE TRACT, A DISTANCE OF 2696.93 FEET TO A FOUND 1/2" IRON ROD FOR CORNER; THENCE: SOUTH 48 DEGREES 23 MINUTES 43 SECONDS EAST, WITH A SOUTHWEST LINE OF THE SAID 725.31 ACRE TRACT, A DISTANCE OF 924.93 FEET TO A FOUND 1/2" IRON ROD FOR CORNER; THENCE: SOUTH 41 DEGREES 48 MINUTES 08 SECONDS WEST, WITH A NORTHWEST LINE OF THE SAID 725.31 ACRE TRACT, A DISTANCE OF 204.12 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; THENCE: SOUTH 48 DEGREES 23 MINUTES 43 SECONDS EAST, A DISTANCE OF 963.46 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; THENCE: NORTH 62 DEGREES 10 MINUTES 53 SECONDS EAST, A DISTANCE OF 3110.67 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER IN THE SOUTHWEST LINE OF THE UNION PACIFIC RAILROAD 100' RIGHT OF WAY; TIiENCE: NORTH 48 DEGREES 24 MINUTES 53 SECONDS WEST, WITH THE SOUTHWEST LINE OF THE UNION PACIFIC RAILROAD 100' RIGHT OF WAY, A DISTANCE OF 2763.10 FEET TO A FOUND 1/2" IRON ROD WITH CAP #2003 FOR BEGINNING OF CURVE TO THE LEFT; THENCE: AROUND SAID CURVE TO THE LEI" T TO A FOUND 1/2" IRON ROD WITH CAP #2003 ON SAID CURVE HAVING A RADIUS OF 2814.93 FEET, ARC DISTANCE OF 240.12 FEET, CHORD DISTANCE OF 240.05 FEET AND CHORD BEARING OF NORTH 50 DEGREES C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 18 Vol. a?3 o Pg._/✓tea 51 MINUTES 30 SECONDS WEST TO THE PLACE OF BEGINNING AND CONTAINING 6,928,062 SQUARE FEET OR 159.047 ACRES OF LAND. Tract Two: Being 23.684 acres (1,031,693 square feet), more or less, out of and a part of the following tracts lying and being situated in the L. McLaughlin Survey, Abstract No. 38, Brazos County, Texas: 1.) 100.805 acres as described indeed executed by Clara M. Konecny, et alto The City of Bryan, recorded in Volume 296, Page 216, Deed Records of Brazos County, Texas. 2.) 29.726 acres as described in deed executed by Esther Jane Grant McDougal to The City of Bryan, recorded in Volume 307, Page 200, Deed Records of Brazos County, Texas. 3.) 29.726 acres as described in deed executed by Pauline Bruce Grant to The City of Bryan, recorded in Volume 307, Page 204, Deed Records of Brazos County, Texas. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" IRON ROD WITII CAP #2003 MARKING THE MOST EASTERLY CORNER OF THE SAID (3,) 29.726 ACRE TRACT RECORDED IN VOLUME 307, PAGE 204 O.R.B.C.T.; THENCE: SOUTH 41 DEGREES 08 MINUTES 17 SECONDS WEST, WITH A SOUTHEAST LINE OF THE SAID (3.) 29.726 ACRE TRACT, A DISTANCE OF 2696.93 FEET TO A FOUND 1/2" IRON ROD FOR CORNER BEING THE SOUTHERLY CORNER OF THE SAID (2.) 29.726 ACRE TRACT RECORDED IN VOLUME 307, PAGE 200 O.R.B.C.T.; THENCE: SOUTH 48 DEGREES 23 MINUTES 43 SECONDS EAST, WITH A NORTHEAST LINE OF THE SAID (1.) 100.805 ACRE TRACT RECORDED IN VOLUME 296, PAGE 216 O.R.B.C.T, A DISTANCE OF 924.93 FEET TO A FOUND 1/2" IRON ROD FOR CORNER; THENCE: SOUTH 41 DEGREES 48 MINUTES O8 SECONDS WEST, WITH A SOUTHEAST LINE OF THE SAID (1.) 100.805 ACRE TRACT, A DISTANCE OF 204.12 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; THENCE: NORTH 48 DEGREES 23 MINUTES 43 SECONDS WEST, A DISTANCE OF 1191.57 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; THENCE: NORTH 41 DEGREES 08 MINUTES 17 SECONDS EAST, A DISTANCE OF 401.79 FEET TO A SET 1/2" IRON ROD WffH CAP CORNER; THENCE: SOUTH 48 DEGREES 51 MINUTES 43 SECONDS EAST, A DISTANCE OF 200.00 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; THENCE: NORTH 41 DEGREES 08 MINUTES 17 SECONDS EAST, A DISTANCE OF 177.57 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; C:\Users\bae4626\Desktop\Second Amended Tac Abatement Agreement FINAL CLEAN.doc Page 19 Vol. ,3�_ ��. is3_- THENCE: NORTH 07 DEGREES 21 MINUTES 46 SECONDS EAST, A DISTANCE OF 147.29 FEET TO A SET 1/2" IRON ROD WYPH CAP FOR CORNER; THENCE: NORTH 48 DEGREES 51 MINUTES 43 SECONDS WEST, A DISTANCE OF 118.12 FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER; THENCE: NORTH 41 DEGREES O8 MINUTES 17 SECONDS EAST, A DISTANCE OF 1397.45 FEET TO A SET 1/2" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE: AROUND SAID CURVE TO THE LEFT TO A SET 1/2" IRON ROD WITH CAP ON SAID CURVE HAVING A RADIUS OF 470.87 FEET, ARC DISTANCE OF 336.78 FEET, CHORD DISTANCE OF 329.64 FEET AND CHORD BEARING OF NORTH 20 DEGREES 38 MINUTES 54 SECONDS EAST TO THE END OF CURVE; THENCE: NORTH 00 DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 182.74 FEET TO A SET 1/2" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE: AROUND SAID CURVE TO THE RIGHT TO A SET 1/2" IRON ROD WITH CAP ON SAID CURVE HAVING A RADIUS OF 430.04 FEET, ARC DISTANCE OF 263.14 FEET, CHORD DISTANCE OF 259.05 FEET AND CHORD BEARING OF NORTH 17 DEGREES 41 MINUTES 17 SECONDS EAST TO A CORNER IN THE SOUTHWEST LINE OF THE UNION PACIFIC RAILROAD 100' RIGHT OF WAY; THENCE: SOUTH 65 DEGREES 41 MINUTES 36 SECONDS EAST, A DISTANCE OF 10.62 FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE: AROUND SAID CURVE TO THE RIGHT TO A FOUND 1/2" IRON ROD WITH CAP #2003 ON SAID CURVE HAVING A RADIUS OF 2814.93 FEET, ARC DISTANCE OF 608.78 FEET, CHORD DISTANCE OF 607.59 FEET AND CHORD BEARING OF SOUTH 59 DEGREES 29 MINUTES 52 SECONDS EAST TO THE PLACE OF BEGINNING AND CONTAINING 1,031,693 SQUARE FEET OR 23.684 ACRES OF LAND. Tract Three: Access Easement created by that certain Private Drive Access Easement dated July 24, 2013 and recorded in Volume 11505, Page 22, Official Records of Brazos County, Texas, over and across the following tract or parcel of land: Being 3.508 acres, more or less, out of and a part of the following tracts lying and being situated in the L. McLaughlin Survey, Abstract No. 38, Brazos County, Texas and situated in the O. Wilcox Survey, Abstract No. 284, Brazos County, Texas: 1.) 100.805 acres as described in deed to The City of Bryan, recorded in Volume 296, Page 216, Deed Records of Brazos County, Texas. C:\Users\bae4626\0eskmp\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 20 V'ol. 05 �j I -P-9 �JiL 2.) 133.016 acres as described in deed to The City of Bryan, recorded in Volume 291, Page 576, Deed Records of Brazos County, Texas. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" [RON ROD MARKING THE MOST NORTHWESTERLY CORNER OF A 29.726 ACRE TRACT RECORDED IN VOLUME 307, PAGE 204 O.R.B.C.T.; THENCE: SOUTH 61 DEGREES 41 MINUTES 36 SECONDS EAST, WITH THE NORTHEAST LINE OF THE SAID 29.726 ACRE TRACT, BEING TIME SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF UNION PACIFIC RAILROAD (FORMERLY SOUTHERN PACIFIC RAILROAD), A DISTANCE. OF 204.43 FEET TO A POINT; THENCE: SOUTH 24 DEGREES 11 MINUTES 25 SECONDS WEST, A DISTANCE OF 99.63 FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE: AROUND SAID CURVE TO THE LEFT TO A POINT ON SAID CURVE HAVING A RADIUS OF 185.00 FEET, ARC DISTANCE OF 152.81 FEET, CHORD DISTANCE OF 148.50 FEET AND CHORD BEARING OF SOUTH 00 DEGREES 31 MINUTES 40 SECONDS WEST TO THE END OF CURVE; THENCE: SOUTH 23 DEGREES O8 MINUTES 04 SECONDS EAST, A DISTANCE OF 181.96 FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE: AROUND SAID CURVE TO THE RIGHT TO A POINT ON SAID CURVE I LAVING A RADIUS OF 115.00 FEET, ARC DISTANCE OF 46.75 FEET, CHORD DISTANCE OF 46.43 FEET AND CHORD BEARING OF SOUTH 11 DEGREES 29 MINUTES 16 SECONDS EAST TO THE END OF CURVE; THENCE: SOUTH 00 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 61.88 FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE: AROUND SAID CURVE TO THE RIGHT TO A POINT ON SAID CURVE HAVING A RADIUS OF 400.87 FEET, ARC DISTANCE OF 286.71 FEET, CHORD DISTANCE OF 280.64 FE'L'T AND CHORD BEARING OF SOUTH 20 DEGREES 38 MINUTES 54 SECONDS WEST TO THE END OF CURVE; THENCE: SOUTH 41 DEGREES 08 MINUTES 17 SECONDS WEST, A DISTANCE OF 2099.24 FEET TO THE POINT OF BEGINNING; THENCE: SOUTH 40 DEGREES 55 MINUTES I 1 SECONDS WEST, A DISTANCE OF 1155.51 FEET TO A POINT FOR THE BEGINNING OF A CURVE TO TIIE LEFT; THENCE: AROUND SAID CURVE TO THE LEFT TO A POINT ON SAID CURVE HAVING A RADIUS OF 450.00 FEET, ARC DISTANCE OF 509.13 FEET, CHORD DISTANCE OF 482.41 FEET AND CHORD BEARING OF SOUTH 08 DEGREES 30 MINUTES 26 SECONDS WEST C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLF.AN.doc Page 21 vU1. 623 !;;� Pg. TO THE END OF CURVE; THENCE: SOUTH 23 DEGREES 54 MINUTES 19 SECONDS EAST, A DISTANCE OF 363.43 FEET TO A POINT FOR THE BEGINNING OF A CURVE TO TIIE RIGHT; TFIENCE: AROUND SAID CURVE TO THE RIGHT TO A POINT ON SAID CURVE HAVING A RADIUS OF 145.00 FEET, ARC DISTANCE OF 154.40 FEET, CHORD DISTANCE OF 147.21 FEET AND CHORD BEARING OF SOUTH 06 DEGREES 35 MINUTES 58 SECONDS WEST TO THE END OF CURVE, BEING IN THE NORTHEAST LIMIT OF MUMFORD ROAD; THENCE: SOUTH 46 DEGREES 58 MINUTES 33 SECONDS EAST, A DISTANCE OF 70.25 FEET TO A SET %a" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE LEFT; THENCE: AROUND SAID CURVE TO THE LEFT TO A SET 1/2" IRON ROD WITH CAP ON SAID CURVE HAVING A RADIUS OF 215.00 FEET, ARC DISTANCE OF 236.18 FEET, CHORD DISTANCE OF 224.48 FEET AND CHORD BEARING OF NORTH 07 DEGREES 33 MINUTES 54 SECONDS EAST TO THE END OF CURVE; THENCE: NORTH 23 DEGREES 54 MINUTES 19 SECONDS WEST, A DISTANCE OF 363.43 FEET TO A SET 1/2" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE RIGHT; TFENCE: AROUND SAID CURVE TO THE RIGHT TO A SET %," IRON ROD WITH CAP ON SAID CURVE HAVING A RADIUS OF 380.00 FEET, ARC DISTANCE OF 429.94 FEET, CHORD DISTANCE OF 407.37 FEET AND CHORD BEARING OF NORTH 08 DEGREES 30 MINUTES 26 SECONDS EAST TO THE END OF CURVE; THENCE: NORTH 40 DEGREES 55 MINUTES 1 I SECONDS EAST, A DISTANCE OF 1154.67 FEET TO A SET %" IRON ROD WITH CAP FOR CORNER; THENCE: NORTH 48 DEGREES 23 MINUTES 43 SECONDS WEST, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 152,832 SQUARE FEET OR 3.508 C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 22 Vol. pg,/✓�(o EXHIBIT "B" IMPROVEMENTS C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc I Page 23 Pg. �S� EXHIBIT "C" SCHEDULE OF EQUIPMENT AND TANGIBLE PERSONAL PROPERTY C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 24 EXHIBIT "D" PLANS C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc i Page 25 vJl. OZ. j C) pg_ 1✓ y STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH PROLAMSA, INC. IN BRAZOS COUNTY REINVESTMENT ZONE TWO (2) THE STATE OF TEXAS § COUNTY OF BRAZOS § ("OWNER") hereby certifies any improvements on the Property, as called for in the above referenced Agreement, have been completed and constructed in every material respect pursuant to said Agreement. Owner further certifies that they have complied with every applicable material term of said Agreement. BY: ITS: Signed this day of , 20_. Any above-described improvements have been accepted by the Brazos County, Texas as having been constructed in compliance with the above referenced Agreement, and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1, 20_ continuing through the year 20_, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January 1a of each year of the term of the Agreement. Signed this _ day of , 20_ ATTEST: Brazos County Clerk BRAZOS COUNTY, TEXAS By: Brazos County Judge Q\Users\bae4626\Desktop\Second Amended Tax Abatement AgreementFINALCLEAN.doc --I Page 26 Vol. PJ d Pg. 40 EXHIBIT "E" APPLICATION FOR PROPERTY TAX ABATEMENT EXEMPTION =€ 111 1,�NN .11, APPEIOATION FON PROPERTY TAX ABATEMENT EXEMPTION _ Mtuu Tel. oppumi muss] espaf you o..d On JPnpery 1 W MIB Vdm, Yeu must Me Ne OpmPlOtee opplleaum buMNOM Janwry t me AIM130W Nls Yes. o.Wro Baed IO OOry meYOlflonsleocumvel¢ myussle0. You must apWv for Nla exemption .mT, Yee", X will nil Y be nufnme"I.W menwed. SUP eM1mme Oetter0 p—esmen mp Mbee° edaand m¢, ter. acorn T.p cx. m,en. Pm•mn..r.ern.»mel •mv�• mwnlng ml..pys.uwr .cmun=w er nIa tp 16mimY NunNW er v.xrwLj tlwlunl OMwJetbn Qen,stm mousen011lmp°relbn Qlco ,d EVp1 ue.unpun Paaenee the prapalfy ropmlem ww.l.rr...N-.nb-hMxmee MYW OPPI/Od PWne I1e11M 1seFp uNU Nnlnwe•preM to epele your lOe°e wW nevM cvpOf Wine vbelbnMl OPlmmMlfweaM1 W2 Ieet Yeerend neMlnB he eeenpvtl, ,queen i(e) seers notArameew—sineenmaen meed/ed .Alp erm.en roan.p nrvm...—I dM•r.m prlepla�Ywa We¢foppnd Q Pfrnunl Q IpenJeel vc° this for lulho unll erW cwePiela 81cp 21m can unit In Nemao wnme you llelxn lea I-.. Me.9p, Memn, usi•oJ, Imingun .heferm e.,ii LLl NMy mbiny b. eepUon Oobw. uvonn. If IdenllcN� pleas] dascrlb° fee rehire of Tv cb40mem ler IFb Yem Oymmpk111q 1M 1oI10.Nnµ ele. .,Ileneenaus Q Uvea sum ee.1. W$ hro.semp(efe ENp2eset Q Poramape esampnvn of w eeum re INS M f.. Q NIN(AMcne eYlemenl ,°..,bine V,. 0i ydNVNue r° W—onre Odw, ym') ,utjwlnurotas] Poam gypgoeoieemvnlmd°IO.uoon pvrevnnl prapeMy......_..._.�.._�....._........_... WcQ ueQ W..m Yee Q pv Q Meem(uola VJ. vain cam roemenl9.......... _....._.__._............ 'u.I Ponca web s]0 ap I, .... sun.,Y°mr-onnti ne. fllernul lnip eprecmbn.Ya, per11N unnI In.I'ns—s- bNr0 ane CO/Fc110 Na b°fl Of You/ luum .en. point. Slap 3: sten end an nwn.d,ynel.r» ens] IMI norv� OpPllvotlon eeneemwwn mapwrwe RENEWAL IeunINIMl Ins lnlcenilvn elven In su&.P Van cope fi aW trussed.. lv In. W°I sle"'e—?Wee are el W.U.p ..fist. _ __.. arlmllOn eM1oyel66 ^umuv°a Yym�am 1. � edrW wr-m+ampnretwl "Yeu m¢ha It Isbe ¢Nbmenl en W. ovPllaOnen. Yeu ...Id be I ... d call of o Cl... A ml¢demeans or a em. Wn IWanv dna.. r sac pens] Cede cacao- sy_m. xiu.mmwWrpprow urprm»..rwr°+u.0 hrm.-pWe.roowwmr merwr-rn..�eernww,°aro. aknwr.r.. r,. �n� aprm.,cwre�.,�w� MLi/mrurbn roY•nrmYn WempWnay. rn°eMIMWo4v-nmiWlo beOlMbl/pmbW mnuYVWmlmrnnxm arnbyen wbapM4vOnumryaMVWM.O.MM¢ucrbn Ir.cgq, rye rtW. C:\Users\bae4626\Desktop\Second Amended Tax Abatement Agreement FINAL CLEAN.doc Page 27 Fyo, . �✓ � Pg.—%� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND EASTER SEALS EAST TEXAS, INC. THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2015 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Easter Seals East Texas, Inc. (hereinafter "Service Provider"), located at 1318 Memorial Drive, Bryan, Texas 77802, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and of the Texas Health and Safety Code, the provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2015 and terminating 30th day of September, 2016. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: rehabilitation services, physical therapy, occupational therapy, speech-language therapy, autism diagnosis and social services to the indigent Easter Seals Fos( Twos, Inc. Page 1 oaf IS Val. 020 Pg._14.2 _ population of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay (collectively "Services"). Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide Services to eligible indigent applicants ages 0 to 3. County's Payment The County agrees to provide the Service Provider a maximum sum of $60,000.00 ("Funds°) for the term of this Agreement. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent, Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County Easier Seals East Texas, Inc. Paye 2 of IS IV V. Pg. /� residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services Provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting' forth the provisions of this nondiscrimination clause. Easter Seals Eost Teras, Inc. Page 3 of 15 Vol. _ 0>7 3 ('g-��-� Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemni The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services Easier Seats East Texas, Inc. Page 4 of IS provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees, to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mall return receipt requested to the address listed below. Easter Seals East Texas, Inc. Page 5 of IS CC- oP�• _� -?-- -- Richt of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Venue and Governing Law The venue of this Agreement is Brazos County, Texas, and this Agreement shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Easter Seals East Texas, Inc. Brazos County C/O CEO CIO Commissioners Court 1318 Memorial Drive 200 S. Texas Ave., Suite 310 Bryan, Texas 77802 Bryan, Texas 77803 Further Assurances Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to Carry out the provisions of this Agreement. Severability In the event that any of the provisions or portions thereof, of this Agreement, are Eaeleu Seals East Texas, Inc. Page of 15 FVol. _ D Pg. -A10'7 held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Sovereign Immunitv This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties 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 Foster Seals East Texas, brc. �page 7 of IS that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER Easter Texas, Inc �• DCheryl Allen, CEO ate Easter Seals EQn Rxas, Inc. —� aye 8 of r5 Vol. d Pg.. /�-9- BRAZOS COUNTY. TEXAS CountyJudge ATTEST: Karen McQueen, County C erk Easier Seals Easl Texas, Inc. val, __ /�O-- q] --/�/v Page 9Ofis A. BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT I HIPAA"1. The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules, C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, Including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Easter Seals East Texas, Inc. V O I. g �� Pq. /71/ P age 10 of 15 (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of .minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aaoreoation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -Identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices (°Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Easier Seals East Texas, Ina _ ¢ I) of is A 7 Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. S. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Easter Seals East Texor, Inc Vol. _p�3Q PC, �,, (Page 12 of 15 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Richt to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business, Associate maintains the PHI. Easter Seals East Texas, Inc. Vol_ D. Internal Practices. Books. and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of Its own choosing. F. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and ;such other conditions as Covered Entity may determine is necessary to ensure compliance Easier Seats East Teas, Inc. �JPage M of l S ' vol. _d�- 9.-175 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. 1. Reference. Any reference in this Section entitled "Use and Disclosure of PHP' means the section of the Privacy Rule or the Security Rule as applicable as in effect or as amended. J. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI' from K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. of PHI' Acce . , Business A entitled "Use and Eosler Seals E¢ l Te .Inc. Page IS of I5 vol. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: December 29, 2015 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Chisolm Trail 375 feet Northwest of Weesaw Lane. Line will provide service to customer at 23386 Chisolm Trail. Site is located in Precinct 1. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent This request is ACKNOWLEDGED BY: Lloyd tassermann Commissioner Precinct 1 by Commissioners' Court Duane Peters, County J-uZIge DATE: Z q 0 Vol.—; -3d= pg./77-- APPLICATION FOR WATER UTILITY PERIMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CHECK ONE Bored Jacked Driven Cased Chisolm Trail so ft. X X Facility to Parallel County Road Within Richt-Of-Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter 0.10" Wall Thickness 2" Encasement Pipe Material Specification PVC Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60°i day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, troth aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at thejob site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless IBrazos Countyfrom-and-against-any-and-aiI loss, damages, cost or Vol. _6M _ Pg- / 7 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all roles of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Canpany fails to obtain aperneitprior to the installation or does not install utilifies in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assmnes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon itsfailure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisitesfor injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable pervmit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages mpon demand, o•for any oilier reason deernhed sufficient by Brazos Coruhty. Lt the event Canpany fails to comply with any or all of the requirements as set forth herein, the County may take sttch action as it deenhs appropriate to cartpel compliance. The Cotmty Engineer father retains the right to revolte this Permit by verbal notification to the ApplicantlCompany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction simll constibde ge•ottnds for job shtddovn. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wellborn SUD Company Name Stephen Cast By: Signature Gene Manager Title P.O. Box 250 AF Morn Tx 77881 C 979-690-9799 State Zip Phone �s verizon.net Email: WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /a—/-7— 15 except as noted below: EXCEPTIONS: (Month(DayfYear) j Brazos County Engineer , I I x U R IG HT -0 F -my Z O F- 0 W J } P -a Masaam AVA�ffjj`M -dO-1H �V�d pq, _— O�, __.P< m U Z O F- 0 W J } P -a Masaam AVA�ffjj`M -dO-1H �V�d pq, _— O�, __.P< m BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP") (EPA and TCEQ both provide lists of examples of AMPS) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni hg ttime traffic control measures pursuant to the TMUTCD; p .3D py., /!��-Vfl b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside ofthe Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below-, d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power -0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. S. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WIT14IN COUNTY ROAD PAVEMENT; b. be pressure grouted for the frill length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking; tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emer_eency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. ��j O P9 _/_eV� shall notify County Engineer within 24 hours of beginning construction/repairs. Thisiwill allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hi¢h Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final -customer.--- --- Vol. 07 _ Pg.__/87 V_§ — — — — — — — — — R«=�b Ism N%4o§'on - - zA€o P Asn „5d^ mR `�:yF _Rd o3F�q "sle C 1 f°so��- S a g 6�85$s *W 1n d ---awlu—_—_—.—_—.—_—_—_—_—_ +nlvws o o o +^v lvWs uvineVS cCnS »YIroVs ..w c egq �8te a 6 \'c,e� OF O°� ye`i, oa d. �gq�R9-'ESVo'"-no � '�'� p,"•°= voa oc y -_y iwi iia'k:°row`°.,', a:"a,::o •ryrynni+e�Poui.•lwia ".00vi :"v:le^.:L' '.W I.Po+d WI+^^��Wd ro. 1 bM I �Y3n1YVS10 Vol, 0�,3 . pg.! ff — — — — — — — — — R«=�b iwi iia'k:°row`°.,', a:"a,::o •ryrynni+e�Poui.•lwia ".00vi :"v:le^.:L' '.W I.Po+d WI+^^��Wd ro. 1 bM I �Y3n1YVS10 Vol, 0�,3 . pg.! ff R«=�b iwi iia'k:°row`°.,', a:"a,::o •ryrynni+e�Poui.•lwia ".00vi :"v:le^.:L' '.W I.Po+d WI+^^��Wd ro. 1 bM I �Y3n1YVS10 Vol, 0�,3 . pg.! ff BRAZOS COUNTY, TEXAS BUDGET ALMENDNIENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15116 14.1-14.2 On this the 29th day of December 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 I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 8. hnta Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 29th day of December 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 amendntcnt(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of December 2015. SSIQYI,Ir;S-CQURT OE 13RAZOS COUNTY, TEXAS. Peters, County Judge Original: County Clerk's Office and Attached to the original budget E oZ.D �'g�/_� %� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 . 14.1 12/29/2015 Evol- o?,J'a Pg._— �v� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 14.2 12/29/2015 FUNDI DIV ACCT I PROJ DRICRI ACCOUNT NAME Increase Decrease 4500 63000500 50203000 1 CR Com uter-Hardware 7.525.25 4500 63000500 60211000 DR Software - no tag 5,525.25 I I I I I I I I I I I I I I General Ca italImprovements - Information Technologv Reallocation of funds Por the Case Media and Storage project. I I EVol � 30-- PERSONNEL I� CHANGE OF STATUS REQUESTS Commissioner Court Date: December 29, 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 361" District Court Kirby, Wendy New Hire Thompson, William Retirement Juvenile — Detention Coffey, Christopher New Hire Juvenile — TJPC State Aid Tax Office Approved in Commissioners' Dunn -Kelleher, Michelle Resignation Arguello, Michelle New Hire Johnson, Linda New Hire Tijerina, Norma New Hire Walker, Erica New Hire County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)