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1984-06-25-1000AM-Special
COMMISSIONERS' COURT SPECIAL MEETING JUNE 25 1984 A special meeting of the Commissioners' Court of Brazos County Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan Brazos County Texas beginninglat 10:00 A M on Monday June 25 1984 with the following members of the Court present R J Holmgreen County Judge presiding Bill J Cooley Commissioner of Precinct 1 Walter Wilcox Commissioner of Precinct 2 Billy E Beard Commissioner of Precinct 3 Milton Turner Commissioner of Precinct 4 Frank Boriskie County Clerk The following citizens and officials were in attendances Debbie Warren KTAW Mike Kennedy KTAM - KORA Gloria Wilkins Republican Party Sandy Lange Treasurer s Office Mary McCoy GMC ProVerties Inc Maria Sandberg Auditor s Office Ron Gay Democratic Farty Mike Evans Citizen Erma Jefferson Democratic Party Olemuel Davis Retired TAMU Mitch Clendening Channel 15 Shawn Behlen Channel 15 Sandra Whitmore KAGC William S Thornton LTPWK M Paul Martin Reynolds Allen & Cook Mark Meadors KBTX-TV Kurt Lang KBTX-TV Bill Turner District Attorney Van Kinerd County Auditor Jann Snell The Eagle George S Hamilton Citizen The first matter to come before the Court was the considera- tion of a Resolution Approving Resolution Consenting To Lease Contract and New Principal User (E C Interests Project ) The adoption of this Resolution being necessary to approve the action of the Brazos County Industrial Development Corporation On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to adopt the Resolution A full copy of the Resolution is attached y 7 l I 1 ~ f 3 i ti ► d s ~ D s a i t r t E f r t e .r da 1 I r~ t f r' r ~ T mar mar-c-e--• THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL 717 4r + t C~ 6 'r t ki 1 1 t c Y r a r K f x~ ,f s ~ f. ~V r, % t r ~ y The County Judge laid before the Court a report from the Salary Grievance Committee regarding the hearing of Tommy Lyons, Justice of Peace of Precinct 1 A copy of the report is attached The Court next considered a request from the City of College Station to install an 18 inch waterline within the right-of-way of Barron Road at State Highway 6 in Precinct 1 On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to approve the request and to authorize the in- stallation, noting that the location is within the city limits of College Station The Court proceeded to consider the request of Ferguson Crossing Pipeline Company to install pipelines in the following rights-of-way: 1 A 3 inch gas line across the right-of-way of Controne Road in Precinct 4 2 A 4 inch gas line across the right-of-way of Varisco Lane in Precinct 4 On motion by Commissioner Turner, seconded by Commissioner Beard the Court voted unanimously to approve the request and to authorize the installations t^ The Court next considered the following Plate: 1 Preliminary Plat of Vista Oaks, Phase II in Precinct 3 On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to approve the Plat as submitted 2 Replat of a portion of Quail Run Estates, Phase I in I Precinct 1 On motion by Commissioner Cooley, seconded ' by Commissioner Beard, the Court voted unanimous1 to approve the Plat as submitted, subject to approval of the Planning and Zoning Commission of the City of College Station The Court proceeded to consider Change of Status for the following employees: s Macon Whiteley Sheriff's Department Carl H Coslett Road & Bridge, Precinct 1 Jean Gilliam County Clerk's Office Carolyn F Coursey Court Administrator Michael P Yeager Building & Yards Paul Gorney Road & Bridge, Precinct 1 Vincente Fernandez Building & Yards Lionel Cobos Building & Yards 1 r>» Tracy Ann Fling County Clerk's Office a ` Rhonda Renee Welch Juvenile Services I On motion by Commissioner Cooley, seconded by Commissioner Turner, 1 the Court voted unanimously to approve the changes as submitted 'V t a' d0QrPAGF_11 1 1 11 The Court next considered the following Claims as submitted by the County Treasurer for payments 10 - General Fund v---- Claims 19564 thru 19918 Claims thru- Claims thrums Claims thru Claims thru- Claims thrums 30 - Capital Projects b Improvements: Proposition I------------------Claims thru Claims ~thru Claims thru Proposition II------------------Claims thru Claims thru 42 Revenue Sharing Claims - 19922 thru Claims thru 54 o Health Department---------------------Claims 19947 thru 1ggf,7 Claims thru 47 - Law Library---------------------------Claims 19921 thru Claims thru Claims thru 90 - Community Resources Officer-----------Claims 19968 thru 19969 Claims thru Claims thru 91 - Juvenile Commission Grant-------------Claims -1V _thru Claims thru 25 - Capital Improvement Debt Service Claims thru Claims thru 26 - Road b Bridge Debt Seriice------------ Claims thru Claims thru 31 - State Lateral Road--------------------Claims thru Claims thru Claims thru 32 - R-O-W Equipment be Improvement---------Claims thru Claims thru 33 - FM and Lateral Road-------------------Claims thru Claims thru 43 - Oil and Gas Fund-------------•--------Claims thru Claims thru 45 - Omnibus Crime Control Fund------------Claims thru Claims thru 92 - Council on Arts Grant-----------------Claims thru Claims trru 22 - Road and Bridge No II - Pct 1-------Claims thru Claims thru Pct 2-------Claims thru Claims thru Pct 3-------Claims thru Claims thru Pct 4-------Claims thru 20 - Road and Bridge - Shop----------------Claims 19972 thru 19933 Claims 20142 thru Claims thru~ Claims thru® Pct 1--------------Claims 19984 thru Claims ZU143-thru Claims thru Claims thru Pct. 2-------------- Claims 20042 thru 20098 Claims 20144 thru Claims thru Claims -thrums Pct. 3-•------------Claims _MUT9-thru Claims -'20145 thru Claims thru Claims thru I 1 o l r M C a i i S v a i i b Y i Q Pct. 4--------------Claims 20100 thru-20141 IL Claims 20173 thru Claims thru-®-' Claims -thru On motion by Commissioner Beard seconded by Comm saner Turner t e f Court voted unanimously to approve the Claims as submitted. i < vouLPAc~ , r o ~'ry ~ ; t J THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL F~ f~ • 4 I ~ ~r t + S I 1'~ \ V L ~ I I ~r f + k r • r t = i T 4 Ir r ii LP f e t~ E P ti l 51 r I 4 E i I f 3 1 l i I i I ` ! I 1 I I ' The County Judge laid before the Court copies of letters from the Justice Department regarding the county's requests for preclearance of an additional absentee voting location and re- sidency requirement for Election Clerks The Department of Justice indicated that there would be no objection made to the use of non-resident election clerks in Brazos County In an- other letter the Department indicated that additional informa- tion is necessary in order to make a determination as to whether the additional absentee voting location could be approved Com- missioner Beard expressed a desire for the Court to furnish addi- tional information to the Justice Department Commissioner Cooley voiced an objection to the additional location Commissioner Turner stated that he had talked with Carey Cauley, President of the NAACP who opposed the additional location Gloria Wilkins, County Chairman of the Republican Party stated that she had had numerous calls in favor of the additional location Ron Gay, County Chairman of the Democratic Party, Irma Jefferson, and Elemule Davis voiced opposition to the additional location No action was taken by the Court at this time There being no further business the meeting was adjourned 1 S S t t 3 I i' i' r i I . I I L , 1 r 1 1 • t I I r L L ! ~ r 1 + I Y I t + i L~ ~ L L I t 4 ° ' I t 1 + ~ r 7 r' + I I f j f r^ 1 t 5 ' 1 I f y I I I r I 1 I ~ L \ L I I~ 9 r ' r i + L I{ a I I ~ ~ ! 7' s I y ~ r t , I J ~ i ~ ~r - + I { ' I j J ~ t 1 t 1 L I r~ r t L L/ I L ' f 1 I~ti L, fl + I ~ - Jf ,77 1 r ~ t ` 1 1y f .tt L~~ ~ ! '..f „ tt a + y i L r w 1 } I i L a 1 5 t h I !n of The foregoing minutes have been examined and approved in open Court this the day of 19, in Bryan, Brazos County, Texas s 1 , r 1 X'i '4Z :".z Ho mgreen Co y Judge 2222~ Walter Wilcox Commissioner, Precinct 2 rf J_ on rner Commissioner, Precinct k I , I f t F M I ti , k 4 Bill oo ey Commi over, Precinct 1 y ear Commi s over, Precinct 3 Frank Bo s County Clerk I 0 'S 4 I, ~ I (u a~ , J I t 1 i { 3 I I { l~ ff , °t , , I I I I i I 1l® AC aka I-At pb~ ",~.j f/aPtgl,~m(W 4 ~ , ~ a r i I t 1r V 1 f E .r r t t ~ T ` 7 A 1 twF N- ..t ..-y+-k - r f ..._t.,.. ..74 -e it . r..... ) 7 Y I 4 ~ 1 y t i ; ~ I I ~ 11 1 ~ 1 , r 1~ r r ! s r 1 1 { i ` I M y 4 , RESOLUTION APPROVING, ` RESOLUTION CONSENTING 0 LEASE CONTRACT AND NEW PRINCI AL USSR (E.C INTERESTS PROJEC ) WHEREAS, the Commissioners Cour of Brazos County, r 4J Te~cas# has been requested by the Braz s County Industrial t v Development Corporation (the 'Issuer') to approve the attached y RESOLUTION CONSENTING TO LEASE CONTRACT AND NEW PRINCIPAL USER t (E.C. INTERESTS PROJECT), a copy of which is attached hereto as Exhibit A hnd incorporated herein by refetence as if copies in full? P WHEREAS, the Commissioners Court deems it necessary to so approve the Resolution? Q NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT I OF BRAZOS COUNTY, TEXAS THAT: f ~ ~ 1 The Resolution is hereby approved and the officers of Brazos County are authorized to take all action necessary to evidence the approval hereof Passed and approved this l~ day of , 1984. 'I ~ acs I ' County Judge ATTESTS s f ounty Cle I Y ~ ~ I fp7~ (j~ v ~Dy{ d I 1 r of t ~ a ~ I I I 1 I lp 1 !Y ' f ~ 1 1 h I ~ ,rte I~,y { y n f ~ ' I y t t r 1 L f ~ r 1 1 ' 1 VOA.. PAGF- • ; ' A t r f r r ' , r v ~ F~ r ~ f f ~ 1 r : ' 1 1 1 f FI j 1 ~ ~ t t 1 ` VMMUM~ FORM 'L'- -71btr~ 1 4 ~ r t h T t /1~ , ' ~ r ~ ~~1 ~ , r J ~ti ♦ o .(1 1 ti~ 1 ..t _ ~ u~.v~ SY1 ti ~ 1 1 ' r i , I r , I 0 r l IL F I 1 4 I I I I~ I ~ 0 ~ I - 4 C I + I i z RESOLUTION CONSENTING TO Y LEASE CONTRACT AND NEW PRINCIPAL USER (E C INTERESTS PROJECT) + WHEREAS, the Issuer and The First State Bank, Abilene, Texas, Trustee (the 'Trustee") entered into an Indenture og I Trust, dated as of December 1, 1981 (the "indenture°)o which ' authorized the issuance of bonds in the amount of $2,500,000 I f designated "Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (E C Interests Project) j Series 1981" (the "Blonds"); I WHEREAS, the Issuer has received from the User, E C Interests, and Cives Corporation a Request for Consent to Lease Contract and New Principal User which is attached hereto as I Exhibit "A" and incorporated by reference hereint WHEREAS, the Board of Directors deems it advisable to I consent to the Lease Contract and New Principal User as described in the Request; ~ I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION THATI Section 1 The officers of the Issuer shall take all ? action in conformity with the Development Corporation Act of 1979, Article 5190 6, Vernon's Texas Cavil Statutes as amended, or the Internal Revenue Code of 1954, as amended that is necessary or desirable to carry out, give effect to, and consummate the transaction described in the Request, including, without limitation, the execution and delivery of any documents k in connection therewith which upon advice of counsel is deemed necessary. k Section 2. If any section, paragraph, clause, or , provision of this Resolution shall be held to the invalid or ` unenforceable, the invality or unenforceability of such sectiono paragraph, clause, or provision shall not affect the remaining provisions of this Resolution. I 1 r e r • ~ s i i ! l r VOLKPACE r 4 r ,,..~.-+ns+.. ~ •4 r--•w~^ ..~.v~v ~-t ) F Y't.'+~ ~r.~ ww~^"^' e~'v~Y~^y t S w ~ I~ 1 t 7 1~ 1 E ~i k I 1 t f L 1 ~ ' 1 1 I ~ I I L t w..^a-q. is b ...-~w I T [ ».t. 11 f JLt+v ,i'I"-... } La.~ ~ti.,.. ~ ~ ire w -m ~ •1 I 1 ` i t 1 v ~ t I f 1I 5 yy~ 1 ~ 1 ~ 1 l 4 I 1 I ~ ~ ~ 1!1 1 ' f. , t l i E I, 1 r + r ~ L , 1 1 11 5 1 1 , r 1 I lr ~ h 4 1 1 1 r I 1 I I 1 v l 1 1 1 1 Y i~ 1 1 1 1 r l 1 REQUEST FOR CONSENT TO LEASE CONTRACT AND NEW PRINCIPAL USER BRAEOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION II + , L INDUSTRIAL DEVELOPMENT REVENUE BONDS _ (E. C. INTERESTS PROJECT) s SERIES 1981 Brazos County industrial Development Corporation L Brazos County Courthouse Bryan, Texas 77801 RepublicBank Dallas N.A., as Bondholder I' Post Office Box 225961 Dallas, Texas 75265 The First State Bank, Abilene, Texas, as Bondholder ~I Post Office Box 3218 Abilene, Texas 79604 E.C. interests ('E.C.') and Cives Corporation, a Delaware corporation duly qualified to do business in Texas ("Cives"), request your consent that Cives operate a structural steel fabricating business at the location of the Project described in the Loan Agreement, dated as of December It 1981, between E C and the Brazos County Industrial Development Corporation (the "Issuer") which project is located in Bryan, Texas (hereinafter called the 'Facil,ity") and that Cives be designated as an additional "principal user" as defined in Section 103 of the Internal Revenue Code of 1954, as amended with respect to the "Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (E.C. Interests Project) Series 1981' (the "Bonds"). E C has discontinued its equipment manufacturing business at the Facility, and it is proposed that the business purpose for the Facility be amended to "structural steel fabrication". The Lease Contract, dated as of January 1, 1984 (the 'Contract'), between E C and Cives under which Cives is to operate the Facility is attached hereto The Contract provides for monthly rental payments and an option to purchase (by assuming substantial liability of E C., and its guarantors, to pay the remaining principal and interest on the Bonds), vacate, or renew the Contract at the end of the second, third, and fourth years The entire arrangement terminates at the end of five years if not resolved by purchase or vacating prior to that time I~ I I IJ I, f 1 II , >j it E~ I fl 41 , } A r j5 VOL") --PAr,F ~5r e 1 47 r~ 3f 'A t ' r / r 1 I It 7 Y r I I I l 1 I~ ,T - - . _ Y %MEN , r 4 P, s >r r 1 I { r ' 4 l ~ fl I ~ t , i, I~ ry r ~y hl c 7 , r ~ M r fR I 1 I DATED this 1984. CIVES CORPORATION Vice President - Finance E.C. INTERESTS 11 I i I r r ~2m 110 . AGE_ r ~ .A`~R~P"N~G~T~S9~pF`C~!"~+TVii'Gro'SiS'ti7Y~r'S'7dALKT'S1L F}~eTUV v^I, :vo-~~"it 1 \ I ' l r I I 4 6. l ( d' c~ I I r ~ i r Q 1 t 1 / 0` wig / t I ~ r ~ tV 1 r v ' r i t I %Vu r 1 a t 1 r' ra I - There remains not less than $324,147 14 in the Project Fund held by The First State Bank of Abilene (the 'Trustee°) pursuant to the Indenture of Trust, dated as of December 1, 1981, between the Issuer and the Trustee EC proposes that completion certificate will be delivered on July 31, 1984, and that the Project Fund will be disbursed to redeem outstanding Bonds on August 1, 1984 Under the present requirements of the law, the Project Fund would have to be entirely disbursed fog covered expenditures by December 1, 1984 The total budget for the conversion of the Facility to steel fabrication is approximately $775,000 which will be provided by Cives out of its short-term capital This conversion of the Facility constitutes a change in Plans and Specifications requiring your consent under Section 3 3 of the Loan Agreement, dated as of December 1, 1981 (the 'Agreement°), between the Issuer and E C In the event that Cives elects to vacate the Facility as provided by the contract, it is the intention of the parties that Cives remove all steel fabricating and related equipment that can be severed from the Facility without damage There is certain machine tool equipment located at the Facility, purchased from the original proceeds of the Bonds, but which is not appropriate to structual steel fabrication, with an approximate original purchase price of $475,000 The parties propose that this equipment remain subject to the lien of all documents securing the Bonds, but that it be removed from the Facility by E C., and safely stored until it can be sold, with the proceeds of such sale to be utilized to prepay principal payments of any Bonds which may still be outstanding at the time of the sale, in accordance with the prepayment provisions of the Indentured 4 i ! L i~ t ~ t ~1 ~ 1 1 s i t ill + 3 ~ ti J V ~ f 1 1, i I ~ 4r t Y ~ ry PA k It r`` r r I + , ~ t l , LEASE CONTRACT , THE STATE OF TEXAS S j S KNOW ALL PERSONS BY THESE PRESENTSt COUNTY OF BRAZOS S THIS LEASE CONTRACT ("Contract`) is entered into by and between E. C. INTERESTS, a general partnership organized under the laws of the State of Texas (hereinafter referred to as "Lessor"), and CIVES CORPORATION, a Delaware corporation, having its principal place of business in the City of Atlanta, DeRalb County, Georgia, and duly authorized to do business in the State of Texas (hereinafter referred to as "Lessee") W I T N E S S E T Ht ARTICLE I r Premises ti Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor a tract of land, together with certain buildings and facilities, equipment, fixtures, and other improvements now or hereafter erected thereon or situated or to be situated thereon, described in Exhibit "A" attached hereto and made a part hereof for all purposes, and all being hereinafter collectively referred to as the "Premises" ARTICLE II Term The term of this Contract shall commence on as of January 1, 1984 and shall terminate on the 31st day of December, 1986, unless extended or sooner terminated in accordance with the terms, conditions, and provisions hereinbelow contained. ARTICLE III Rentals Lessee, in consideration for this Contract, and as rental for the Premises, promises and agrees to pay Lessor, with- out right of set-off, abatement, or deduction, during the term of this Contract, and subject to the provisions hereof, at the address specified in Article XVIII below, or at such other address as Lessor may from time to time designate in writing, the annual rents described in Exhibit "B", attached hereto and incorporated by reference herein as if copied in full, to be paid in monthly installments for each calendar month, in advance, the first of which monthly rental payments shall be due and payable upon the effective date of this Contract and the remaining payments shall be due and payable on the first day of each succeeding calendar month thereafter However, in the event the term hereof commences on a day other than the first day of a calendar month, an appropriate proration of the first and/or last (as may be applicable) of such monthly payments shall be made ARTICLE IV Utilities Lessee shall, and hereby agrees, at its own cost and expense, to pay for all charges incurred in connection with water, gas, heating, electricity, and other utilities used in, on or about the Premises during the term hereof. It is agreed that Lessor is entitled to any refund of deposits made by Lessor to obtain utility services and that Lessee shall have no interests therein 5 ' t 0L AGE r +I e t ~ I k , S r F J . 1 I + ~ + 1 _ 7 ` 1 ` t I r 1 f ~ r + ARTICLE V Use Lessee agrees to use and occupy the Premises throughout the term hereof for the purpose of conducting its steel fabrica- tion business and for no other purpose, and Lessee may employ the usual appurtenances and equipment for the conduct of that activity. Lessee will not use or permit the use of the Premises for any other purposes without the prior written consent of Lessor. ARTICLE VI Maintenance and Repairs Lessee, at Lessee's expense, agrees to take good care of the Premises and its improvements and fixtures, and to maintain and keep the same in a clean and orderly condition, and to suffer no waste during the term hereof; and for the purpose of making an inspection thereof and repair thereon, Lessor shall have the right of access in and to the Premises at all reasonable times. ARTICLE VIE Taxes Lessor shall pay, on or before the due dates, all ad valorem taxes levied against the Premises during the term(s) hereof Lessee shall pay only taxes levied against personal pro- perty and trade fixtures placed by Lessee in the Premises as well as sales or use taxes applicable to personal property transferred between the parties and Lessee shall deliver to Lessor evidence of such timely payment on or before the respective due dates. ARTICLE VIII Compliance with Laws Lessee hereby agrees to promptly conform to and obey all present and future laws and ordinances, and all rules, regulations, requirements, and orders of all governmental authorities or agencies affecting all or part of the Premises or the use thereof ARTICLE IX Alterations Section 9 01 Lessee shall have the right to make alterations, additions, or improvements to the Premises but only upon first obtaining the written consent of Lessor Lessee shall furnish to Lessor any and all requested construction drawings and specifications of materials, and Lessee promises that all materials and supplies to be used in such work shall be nets and in good condition. Lessor shall have no liability of whatsoever kind with regard to Lessee's alterationso additions, or It t h O T 1 t ~1 1 1 , , y t 1 1 {~L I t / 1 l ' , TS 1 s v I 1 r I > i 7 r~ , sti , mprovemen s to t e Premises. ~y Section 9 02 The alterations necessary to enable Lessee to operate the Premises as a structural steel fabricating plant are hereby approved. Lessee will provide copies to Lessor of schematic drawings and a narrative setting forth the nature of the alterations as soon as such is prepared by Lessee. The equipment purchases and installation necessary to enable Lessee d + to operate the Premises as a structural steel fabricating plant + are also hereby approved, the Lessee will provide Lessor with listings of such equipment from time to time as the equipment Is purchased. e ~ VOL P -q ,%L r 1 r ,r 7 e~ ~ h~ F i s s , r x + r + !r ~3 t ! + r F } ' I i►i~ t~l A t F , ~ F + 1 ,H t` ti fat ~ Section 9 03. Lessor shall remove from the Premises immediately all, equ pment and other items on the premises identified by Lessee as not appropriate to the operation of a structural steel fabricating plant ARTICLE X Insurance and Indemnit rf ~I 1 ! Destruction of Leased Premises In the event of damage to all or a part of the Premises by fire or other casualty covered by the fire and extended coverage insurance to be carried by Lessor pursuant to the pro- visions of Article X above, Lessor may, at its sole option, (a) repair or rebuild the Premises in as good a condition as the Premises were in prior to such damage or destruction in a diligent manner and at Lessor's expense; provided that such -3- ,i , st ~ i + l I t t r , i k11 _ voLZPACE,29_ i ti4 ~ r ~r'~~ ~l * .1~ ~ a + 1 • 1~., r S f F a rt s { r~ .n _ ~4 r F , 1 Section 10 01. Lessor agrees to take out and maintain in full force an effect at all times during the Lease term, at Lessor's own cost and expense an all risk of direct physical loss,including flood insurance policy in an amount not less than 100% of the replacement cost thereof on the Premises. As between the parties hereto, Lessee shall be solely responsible for Lessee's furniture, fixtures, equipment, merchandise, and other property plhced at the Premises Lessor shall name all parties to the Bond Documents, as well as Lease , as "Loss Payees" and "Additional Insureds" under such policy. Section 10 02. Lessee shall take out and maintain at its own cost an expense (i) comprehensive general liability insurance (including coverage for bodily injury and death, and property damage, including fire legal liability coverage with respect to the Premises) having the per occurrence and aggregate limit amounts of not less than $500,000 and $1,000,000, respectively. Such insurance shall be in the form and with a company acceptable to Lessor, and such policy shall name all parties to the Bond Documents, including, but not limited to Lessor, as insureds, as their interests may appear, and (ii) workmen's compensation coverage. Section 10 03. The Parties shall furnish to Lessor a copy of any and al policies required to be carried hereunder. All such policies shall provide for written notice to at least sixty (60) days in advance of any termination, material change, or expiration thereof. Section 10 04 Lessee agrees to indemnify and hold the Lessor harmless aga nst any and all claims, demands, damages, costs, and expenses, including reasonable attorney's fees, arising from the conduct or management of Lessee's business; from its use and occupancy of the Premises; from any violation, nonperformance, or breach on the part of Lessee of any conditions of this Lease; or from any act or negligence of Lessee, its agents, contractors, employees, subtenants, guests, or invitees, in or about the Premises In the case of any action or proceedings brought against Lessor hereto by reason of any such claim, Lessee, upon notice from Lessor or Lessor's agent, covenants to defend such action or proceeding by counsel acceptable to Lessor Lessor agrees to hold Lessee harmless from any liabilities arising out of Lessor's present or prior business operation at or near the Premises, and to defend Lessee from any claims or other interference with Lessee's operation which may arise out of such business operation ARTICLE XI I ~M l~ f I 1 I , I , 3 I repair ior rebuilding need not result in the Premises being as specialized as it now exists, so long as the Premises is suf- ficient for Lessee's use, or (b) not repair or rebuild and terminate this Contract upon the expiration of thirty (30) days after notice is given to Lessees provided, however, that upon receipt of such notice Lessee may purchase the Premises for the amount then appropriate as shown on Exhibit "B" within ten(10) days after receipt of the above described notice upon notice given to Lessor, and insurance proceeds received by Lessor eill ' be applied toward Lessee's purchase price in the proportion that the value of the Premises, as determined by an appraiser selected ' by Lessor and acceptable to Lessee, is to the insurance proceedso ARTICLE XII Possession and Quiet En3oyment Section 12 01 Lessee, by execution hereof or by entry upon the Premises, accepts possession of the Premises in its present "AS IS" condition and, subject to Lessee exercising its option to purchase the Premises and finalizing said purchase within the time hereinbelow prescribed, shall peacefully deliver up and surrender the Premises at the expiration hereof or prior to termination of this Lease, leaving the Premises in as good a condition as received excepting reasonable wear and tear from normal use Provided, however, that for the first thirty (30) days of the term f this Contract Lessor warrants that the Premises shall be oTerational for the purposes intended under this Contract, and Lessee shall give Lessor written notice of any material defect discovered within said period of time and Lessog shall have a reasonable time within which to correct such defect. r ~ 1 ~ 7 r r~ J Section 12 02 Lessor agrees that Lessee, having paid the rents and my performed all of the obligations contained herein on the part cf Lessee to be performed, shall and may peaceably and quietly have, hold, and enjoy the Premises and the whole thereof during the term of this Contract. ARTICLE XIII Default of Lessee Section 13 01 Each of the following shall constitutq an °event o default y Lessees (i) The rental or any other money payments owing here- under shall remain unpaid after the same become due for a period of ten (10) days; S flti (ii) (a) Lessee files a voluntary petition in bankruptcy; makes an assignment for the benefit of any creditor; is adjudicated a bankrupt or insolvents admits in writing its inability to pay its debts generally as they become due; applies for or consents to the appointment of a receiver, custodian, trustee, or liquidator of all or a substantial part of Lessee's assets; takes advantage of, permits any action to be taken, or seeks any relief under bankruptcy, reorganization, rehabili- tation, debtor's relief, or other insolvency laws now or hereafter existing; files an answer admitting the material allegations of, or consenting to, or defaulting in, a petition against Lessee, in any bankruptcy, reorganization, rehabilitation, or other insolvency proceeding; or institutes or voluntarily is or becomes a party to any other judicial proceedings intended to effect a discharge of the debts of Lessee, in whole or in part, or to effect a postponement og the maturity or the collection thereof, or to effect a suspension of any other rights or powers of Lessor granted in this Contract; 4 1 t a1z AD r ,d , i I r , r~ r~ fj c a 1 f ? 9Jf IS i t Ir- •i e~ F c t 1 I I I 1 I t I ~ t I II t+ ~ 1 ~1 t r ' ' I ! l r~rJ r 1 ) ~ t I f ' ~P S r E ~ f ~r tj f F t I`` t ' I +I Y L I I I e ~ ti r I 'I I , 3 ~I I I 2 ' 1 II I! i ~ II • If I 1! I i ~I I ~M iII ~i i ~ I ♦ !t it3 , ! I I.l1gr~ l T ~ l -S- 1 { I~ i~ i~ (b) if an order for relief from its debts'is instituted or issued by or against Lessee, or if an order, judgment, or decree shall be entered by any court of competent jurisdiction appointing a receiver, trustee, custodian, or liquidator of Lessees or (c) if Lessee fails to pay any money judgment against it at least fifteen (15) days prior to the date on which the assets of Lessee may be sold to satisfy judgment or orders (iii) Lessee shall fail to fulfill, or perform or observe, in whole or in part, any agreement, covenant or provision of this Contracty and/or (iv) Abandonment of or vacating the Premises. Section 13 02. Upon the occurrence of an event of default by Lessee, Lessor or any designee or agent of Lessor, may at its option declare this Contract terminated and thereupon may re-enter and retake the Premises without further notice or demand, with or without further notice without process of law and, if necessary, by force, without being in any manner liable therefor, and remove any and all furniture, fixtures, and chattels in or on the Premises. Upon such terminator, Lessor may resort to all remedies authorised by the Texas Business and Commerce Code as a secured party. Section 13 03. In the event of any default by Lessee, Lessor may a ternat vely, without terminating this Contract, re- enter and take possession of the Premises and relet the Premises, or parts thereof, for all or part of the remaining Lease term. If rentals received from such reletting are insufficient to pay the full amount of rentals due hereunder, Lessee shall pay and satisfy any deficiency and shall pay all costs incurred in such reletting, including leasing commissions and costs of remodeling for the use and occupancy of the Premises by other tenants Section 13 04. Nothing herein contained, however, shall be construed as in any way denying Lessor the right, in case of breach of this Contract by Lessee, to treat same as an entire amount of rental due and payable and to sue immediately for an entire breach of this Contract, nor to restrict Lessor from altering the locks on the doors or gates of the Premises without terminating this Contract ARTICLE XIV Condemnation if any portion of the Premises be taken or expropriated by condemnation or eminent domain proceedings, the rental provided for herein to be paid by Lessee shall be reduced by a proportionate amount (as and from and after the date of such taking) as follows: If the building structure or a part thereof be taken, then a proportionate number of square feet so taken bears to the total number of square feet contained in the building structure, and if all or part of the parking and unimproved areas be taken, then in the proportionate number of square feet of the parking and related areas so taken bears to the total number of square feet of the parking and unimproved areast and in the event of more than twenty-five percent (25%) of the total number of square feet contained in either the building structure or the parking and unimproved areas is so taken, Lessee shall have the right to terminate this Contract as of the date of such taking The award or awards resulting from any such proceedings shall be paid to the Lessor hereunder C1 r j _ + ARTICLE XV Subordination J rk Section 15 01 Lessee agrees that, upon the request of Lessor, Lessee will subordinate this Contract to each mortgage or deed of trust which may now or hereafter encumber the Premises, and Lessee agrees to execute any and all certificates required by any such mortgagee Lessee further recognizes and understands that this Contract and the Premises hereby demised are subject to the terms and agreements of that certain Loan Agreement, dated as of December 1, 1981, by and between Lessor and Brazos County Industrial Development Corporation (the "issuer")1 that certain Indenture of Trust, dated as of December 1, 1981 (the "Indenture"), between the Issuer and The First State Bank, Abilene, Texas (the "Trustee")1 that certain Deed of Trust and Security Agreement between Lessor and the Trustee, dated as of December 1, 19811 that certain Bond Purchase Agreement, dated December 8, 1981, among The First State Bank, Abilene, Texas (as purchaser of the Bonds described below), the Issuer, and Lessorl and certain other agreements and instruments executed and entered into in connection with the aforesaid agreements, including any and all amendments thereto, if any, all of which were entered into in order to allow the issuance of bonds entitled "Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (E C Interests Project) Series 1981" (the "Bonds")1 and Lessee hereby promises not to do any act or cause any thing to be done or omitted from being done, which would interfere with or result in a default thereunder on the part of Lessor or its successors and assigns Lessor covenants that it will cause no default to, and shall cure or remedy within ap- plicable periods, any default under the aforesaid agreements fog the Bonds which have been called by any party other than the Lessee. Section 15 02 In particular, but not by dray og limitation of the covenants and agreements contained in Section 15 01, Lessee recognizes that the Bonds are intended to bear interest which is exempt from federal income taxation (except in the hands of a substantial user as defined in Section 103 of the Internal Revenue Code of 1954, as amended) and this Contract is not intended to affect the qualification therefor, and Lessee- recognizes that the Premises must also comply, in all respects, with the Development Corporation Act, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act"). Accordingly, Lessee agrees to not take any action, or permit any action to be taken, which would affect the tax exemption of the Bonds or the qualification of the Premises, or any modification theceofe under the Act. ARTICLE XVI Transfer r I + i t e r r 4 i i J t { f + Y y T ~ i ~ t. ~ t f r II r . r - ~ r Lessee, Lessee's legal representatives, and Lessee's successors in interest by law or otherwise shall not have the right to assign this Contract or sublease the Premises or any part thereof, or mortgage, pledge, or hypothecate its leasehold interest or grant any concession or license within the Premises or sublease any operating department therein. In the event of such prohibited assignment or sublease by Lessee, such assignment or subletting shall not be effective until such time as Lessor gives its prior written consent, which consent atay be withheld by Lessor for any reason whatsoevero 4 m ~ + + t 4 Y { 3 ~s ►3 I Fq r ~ "y- % =ri~ j'•-'~ ~.F~ `'`--r1 o y yn..~ r+` 1 L~~.~ir_ R "'''s.~.r ..4-_ 4 tp t ARTICLE XVII x Holding Over If Lessee should remain in possession of the Premises after the expiration of the term of this Lease and prior to closing of the purchase pursuant to Article XXIV below, without the execution of a new lease and notwithstanding that Lessee has exercised its option to purchase hereunder, then Lessee shall be deemed to be occupying the Premises as a tenant at sufferance, subject to all of the covenants and obligations of this Contract except at one hundred twenty-five percent (1258) the rental rate provided for herein In the event Lessee fails to exercise its ~ option to purchase pursuant to Article XXIV below, if any I property not belonging to Lessor remains at the Premises at the expiration of the term of this Contract, Lessee hereby authorizes Lessor to make such disposition of said property as Lessor may desire, without liability for compensation or damages to Lessee f ARTICLE XVIII i I Notices Section 18 01. Lessee shall immediately notify Lessor in writing o any c angel in personnel who are authorized repre- sentatives for Lessee in connection with this Contract. Section 18 02. Any notices or demands required or i permitted by law or any of the provisions of this Contract shall be in writing, and if the same are to be served upon Lessor shall f be either personally delivered to Lessor or shall be deposited in the United States mail, registered, postage prepaid, addressed to -t Lessor at E. C Interests, Post Office Box 1286, Abilene, Texas 79604, Attention: Billy Joe Brewington, or at such other address (or addresses) as Lessor may designate in writing, and if served upon Lessee, such notices or demands shall be either personally delivered to the Lessee or shall be deposited in the United States mail, registered, postage prepaid, addressed to Lessee at I Cives Corporation, 11 Dunwoody Park, Suite 123, Atlanta, Georgia i 30338, Attention: General Counsel, or at such other address (or addresses) as Lessee may designate in writing t ARTICLE XIX Successors in Interest This Contract shall inure to the benefit of and be r binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns, subject to Article XVI above. ARTICLE XX „ General Section 20 01, This Contract shall be governed by and ' construe n accor ance with the laws of the State of Texas. + Section 20 02. No waiver by either party of its rights to enforce any prov s one hereof after any default on the part of the other party shall be deemed a waiver of its rights to enforce r each and all of the provisions hereof upon any further or other default on the part of such other party. 1-a 5 Sr r Section 20 03 The captions for the various paragraphs of this Contract are inserted only as a matter of convenience for reference and in no way define, limit, or describe the scope or intent of this Contract or in any way affect this Contract. ~r ~I r a .w i ' -7- 1 i 1 v , I ~ + 7 + 1 + , i 1 , + 'V-PAGE Y rr X11 t f I , i I 1 ~ f' t t 1 t 1 Section_ 20 04. With respect to terminology in this Contract, each number (singular or plural) shall include all numbers, and each gender (male, female, or neuter) shall include all genders Section 20 05 If any provision of this Contract shall be held invalid or unenforceable, such invalidity or unenforce- ability shall not affect any other provision of this Contract, but such other provisions shall continue in full force and effect. Section 2006 All parties to this Contract warrant and represent ( that they have the power and authority to enter into this Contract in the names, titles, and capacities herein stated and on behalf of any entities, persons, estates, or firms represented or purported to be represented by such person and (ii) that all formal requirements necessary or required by any local, state and/or federal law required to execute this Contract have been fully satisfied ARTICLE XXI Waiver of Subroqation Anything contained in this Contract to the contrary notwithstanding each hereby waives any and all rights of recovery, claim, action, or cause of action against the other, its agents, officers, or employees, for any loss or damage that may occur to the Premises, or any part therof, or any personal property of such party therein, by reason of fire, the elements, or any other cause which could be insured against under the terms of any fire or casualty coverage insurance policies referred to herein, regardless of cause or origin, including negligence of the other party hereto, its agents, officers, or employees, and covenants that no insurer shall hold any right of subrogation against such other party. ARTICLE XXII Entire Aqreement " I I I r ' I I i~ i ~I I ~ I , ' l r ~ f I This Contract contains the entire agreement between Lessor and Lessee with respect to the subject matter hereof, and any agreement hereafter made between Lessor and Lessee shall be ineffective to modify, release or otherwise affect this Contract, in whole or in part, unless such agreement is in writing and signed by both parties hereto ARTICLE XXIII Renewal Options Lessee shall have and is hereby given three (3) separate options ("Renewal Options') to renew and extend this Contract upon the terms, conditions, covenants, and provisions herein contained, to follow consecutively upon the expiration of the initial term of this Contract, provided that in each instance, at the time an option to renew is exercised, the term of this Contract (which shall include the initial term hereof and any 'Renewal Term', as defined herein) shall be in effect. Each of said three (3) separate Renewal Options shall be for separated successive terms of one (1) year each. The expression 'Renewal Term' as used herein shall be deemed to refer to the term covered by each such separate Renewal Option, as the context requires. Such Renewal Options shall be exercised by Lessee giving Lessor written notice of its intention to exercise the same not lose than one hundred twenty (120) days prior to the expiration dateso F -i- t ti r~ ~ r i I I , Y, 1 h h a K 1t d f i L r 3 ~I r l I t~ ,Q r fr, Yt 7( ~ =r / 01 L respectively, of the initial term and the first and second r 4 Renewal Terms, as the case may be. With respect to each such Renewal Option, Lessee may renew this Contract and extend the .j term hereof as to all of the Premises, but not as to only a L~ ff11 portion thereof. A ~ IIY i ARTICLE XXIV Option to Purchase Section 24 01. In consideration of the premises and for I Lessee paying to Lessor Ten And No/100 Dollars ($10 00), the t , receipt and sufficiency of which are hereby acknowledged, Lessor hereby grants to Lessee the option to purchase tho Premisest I c li t , , Ij 1 t !!l r 3 t ~ 1 plll~~ r t i ' I I I , f ) ) I ~ ) I ~ •I f ) 2~ , r Y _N y n~ x~oi..t: 4'% r. ~ ~ W~ 'R r ~ ~„n'°f..~..r.r+.•i..fiy...,u~~C""~ ~'''~+.~=r-e .•~...-~~r...~ ~,-.h ~...r provided, however, that Lessee shall have given written notice to Lessor of its exercise of said option not later than one hundred twenty (120) days prior to the expiration date, respectively, of the initial term or the first, second, or third Renewal Terms, as the case may be. It is expressly understood and agreed by and between the parties that Lessee's right to exercise its option to purchase is conditioned upon Lessee not being in default here- under. The closing of such sale and purchase shall not occur later than the expiration date of the fespective term in which the option is exercised The total purchase price of the Premises shall be the absolute and unconditional assumption of the appropriate proportion (as described in Section 24 03 below) of the obligations of Lessor under theI Bonds and the documents relating thereto, including, but not by way of limitation, the documents referred to in Article XV hereof. Lessor (as seller) shall not be responsible for any costs or expenses in connection with such sale on its part including broker's fees, owner's title policy, surveys, and other related costs; however, Lessor shall cause any and all mortgages of which Lessee (as buyer) objects to be released Notwithstanding that the relationship between the parties may change upon the exercise of Lessee's option, this Contract shall continue in full force and effect as between Lessor and Lessee until the date of closing Lessor agrees to furnish to Lessee all necessary consents to the sale of the Premises, including consents from the holders of the Bonds, the Trustee under any indenture securing the Bonds, the holder of any lien affecting the Premises, and the Issuer, all as reasonably requested and considered necessary by counsel to Lessor or Lesee Section 24 02 The consideration paid to Lessor when Lessee's option to purchase is exercised is described in Exhibit "B" hereto Section 24 03. At the closing of the sale of the Premises to Lessee upon Lessee's option to purchase, Lessee shall deliver to the appropriate parties an indemnification agreement in the form attached hereto as Exhibit "C", which Exhibit is incorporated by reference herein as if copied in full Upon such closing, Lessee shall become liable for the payment of the proportionate part of the outstanding Bonds represented by the appropriate option payment It is recognized, however, that Lessor shall remain primarily liable on the Bonds until the same are fully paid and that the parties to the Bond Documents, including but not limited to the bondholder(s), the Issuer, and the Trustee, will look to Lessor first in the event of a default In the event of a default in the Bonds, Lessee shall be proportionately liable to Lessor (but not to the bondholder(s), the Issuer, or the Trustee) for payments to be made under the Bonds If there is an acceleration of the principal of the Bonds by reason of an event of taxability as described in the Bonds, r the party who has caused the event of taxability (Lessor or Lessee, as appropriate) shall be liable for any premiums or compensatory payments made in connection with such event and for the expenses of any party in connection with the exercise of the remedies under the Bonds The effect of this Lease Contract upon 1 ) I t taxability shall be attributed to Lessor for purposes of the I I' t preceding sentence. r t i -9- r I i x VOL_tPAGE. L ~ i 't ,L , ~ t r r 1 Ina Section 24 04. In the event Lessee exercises its option i in accordance with the terma of Section 24.01 above but fails to close in accordance therewith, Lessor may either enforce specific r f performance or seek such other remedy available at law or in equity. IN WITNESS WHEREOF, Lessor and Lessee have respectively executed this Lease Contract on the day of I 1984, but effective as of January 1, T9-677 LESSORt B.C. INTERESTS BY I f ! i LESSEES LIVES CORPORATION I BY President ATTEST= , ( S E A L ) I O i I Pi I f I n I I 1 i I ' I ~ ' -10- ~ w r ~ I I ~ IIT Y i< 1 I` ~ t I . r t { fr ~r r r t s i 1 f 1 I JN , I R ` I I Ij r ' I , r • l 1 ~I ~k J r Ie r I~ 1r I I~ I f 1 I s Y 11 1 4 y . t If by 11 h I r I ~ ~ t I I ~ a 1 ' r I I „ EXHIBIT Al ` Lot 1. Block 1 1 6.49 Acres Tract, Field notes of a 6.49 acre tract or parcel of land, lying and being situated in the S. F. Austin Survey, Abstract No. 63, Brazos Contye Texas, and beingpart of the tract conveyed by N. D. r Cargill and wife, Addie S. Cargill, to Eddie R. Coneley in the deed described in Volume 131, Page 735, of the Deed Records of Brazos County, Texas, and part of a 4.55 acre tract conveyed by k Arnold Dittfurth to Allen's trucking, Inc. in the deed described in Volume 397, Page 90, of the Deed Records of Brazos County, Texas, and being more particularly described as followss BEGINNING at the iron shaft found marking the west corner of the before-mentioned 4 55 acre tract, said iron shaft being in the northeast right-of-way line of Nuche Lane; THENCE N 44 30' 00" E along the northwest line of the before-mentioned 4.55 acre tract, adjacent to a fence for a distance of 189 44 feet to an iron rot set for corner; THENCE N 47 27120 W for a distance of 220.93 feet to a iron rod set in the northwest line of the before-mentioned Eddie R Coneley tract; THENCE N 44 30100" E along the northwest line of the before-mentioned Eddie R. Coneley tract for a distance of 664.07 feet and corner in the southwest right-of-way line of State Highway No 6 (East By-Pass); THENCE S 41 04' 33" E along the southwest right-of-way line of State Highway No. 6 (East By-Pass) for a distance of 221.46 feet to an iron rod set for corner in the southeast line of the before-mentioned Eddie R. Coneley tract; THENCE S 44 30' 00" W along the common line between the Eddie R. Coneley tract and the Allen's trucking, Inc 4 55 acre tract for a distance of 150 00 feet to an iron rod set for corner; THENCE S 41 041 33" for a distance of 208.95 feet to an iron rod set for corner in the southeast line of the before-mentioned 4 55 acre tract; THENCE S 44 29' 42" W along the southeast line of the before-mentioned 4 55 acre tract for a distance of 653 78 feet to a 1/2" Iron rod found marking the south corner of the said 4.55 acre tract; THENCE N 47 58' 01" W along the southwest line of the before-mentioned 4.55 acre tract, same being the northeast right-of-way line of Nuche Lane, for a distance of 208 58 feet to the PLACE OF BEGINNING, containing 6.49 acres of land, more or less 1 1 I I G , rr 1 I ` h 4 1 Together with a 22,000 square foot custom engineered building with service aprons, employee facilitiese and complete crane system in place S I 1 I I I II i f a 1 ti 7 VOL4PAGEA-61-W M S 3 1 t S r 1 s r I ~f►l~."I w` f 12~. tint ~l r,t ~1 1 , ` _ • I i Y , Miscellaneous Assets 1 I 1 1. Office Equipment and Furniture t r, I i , 1 - Black Storage Cabinet 1 - Receptionist Desk 2 - Secretarial Chairs ($109 09 Each) 4 - Black Side Chairs ($76 31 Each) 4 - Computer Tables ($166 00 Each) 1 - Printout Dolly 1 - Paper Stand S - Data Cabinets ($233 18 Each) 1 - Desk - 60" x 30" 3 - Swivel Office Chairs 0145 63 Each) 3 - Chair Pads ($104 00 Each) 3 - Desk - 36" x 72" Ex ($430 00 Each) 1 - Desk - 42" x 27" 1 - Brown Locking Legal File - 2 Drawer 2 - Black Locking Legal File - 2 Drawer (0212.60 Each) 1 - Brown Letter File - 2 Drawer 1 - Blackboard 1 - 4 Drawer File Cabinet (Fireproof) 1 - Bookshelf - Metal - 66" x 35" 1 - File Top Desk - 30" x 66" 1 - Sharp Calculator - CS4187 -s , 4 a r Total Value 8 4.913.00 2. Shop Equipment 1 - Small Hydraulic Press 3 - Oxygen Bottle Dollys 1 - Metal Storage Cabinet 1 - Material hack 1 - Ridgid Bolt Machias 1 -Time Clock Total Valve $ 9.650.00 ° 3. Steel Shelving 45 - Base Plates 64 - Side Braces 28 - Back Brace 188 - 7' Post 273 - 3' x 18" Shelf 14 - 3' x 12" Shelf 2 - lack for Shelves S J I , ~ II { I it ~ ~ It I , \ f I l+ VoiXPACEZ& 11 I Total Valve $ 3.974.49 Total 1. 2. 4 3 12 537 49 , f 1 4 t A-2 4 k ~I v 1 a+ r~ 6 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL i r ~ 44 r >s Lb ~ a r t jY t I' lr ~ ~ I I ~ ~ . 1 ~I c 'l 1 i K f Ii r , it , II t I r i ~ lil I' SI ~I II r {t a • ' i Y 1 11 !J r 1(f I t . I 3. Extend the lease term under the Contract for a fourth year on the same basis as described abovei or After the end of the third year of the lease term, Lessee shall have the option tot 1. Terminate the Contract and in such event, Lessee and Lessor shall not have any responsibilities toward each other except those which accrued during the lease term; 2. Extend the lease term under the Contract for a fifth year on the same basis as described abovet or 3 Purchase the Premises as described in Article XXIV of the Contract for a purchase price of $1,225,593 00. At the end of the fifth year of the lease term, Lessee shall have the option to: 1. Terminate the Contract and in such event, Lessee shall not have any responsibilities toward each other except those which accrued during the lease terms or 2. Purchase the Premises as described in Article XXIV of the Contract for a purchase price of $1,178,890 00. END OP EXHIBIT B I t' I I t I t I l 1 ' I t + 1 I \ S1 y „ r I t t ~ 14 r S~ + r I C t ~ 1+ f e S t J i ' S +.J J~ J r 1 J 1 ~J.~ f S t'~1 a t ` t 3 ttt 1 1 `f 4 tt_, i~ ~It I \ k l l ~ lyt ' t ~ t dl re t, , tt t i !1 s t I rb 'r' I~ r ~ ~ ' I a l t ► I tiY t t 7 7 t F ' r t IJ I t St a. ~ 1 _ r~ I h f • I ' f I r -t t 1 t t 1( S't 4 • i f t t t } I ! ~ r I B-2 { 1 ~ f J ~ S t e aaw may) ^r i _ b \1 {V ~fl !.i 1-1 i t l i 1 j 1 F l V Y, 1 ,a EXHIBIT B to LEASE CONTRACT 1 I ~ 1 ~ I I I f t ~ .f C between E. C. INTERESTS , and CIVES CORPORATION 1. Terminate the Contract and in such event Lessor and Lessee shall not have any responsibilities toward each other except those which accrued during the lease terms 2. Purchase the Premises as described in Article XXIV of the Contract for a purchase price of $1,302,296.00; E-1 1 j r R II I~ 7 i , , I , l s b ' DESCRIPTION OP RENTALS AND PURCHASE OPTION PRICES For the first twenty-four (24) months of the lease terms the rental to be paid by Cives Corporation ("Lessee') to go Cu Interests ('Lessor') shall be $15,142 00 per months At the end of the first twenty-four (24) months of the lease term, Lessee shall have the option tot I I 1 Terminate the Contract and in such event, Lessor and Lessee shall not have any responsibilities toward each other except those which accrued during the lease term; f 2 Extend the lease term under the Contract for one year for rental calculated at a monthly rate which would be equal to the principal amount of the 'Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (E C Interests Project) Series 1981' (the 'Bonds') maturing during that year ($150,000 00 at $12,500 00 per month) plus the actual interest paid (estimated for the purpose of monthly rental payments to be $7,500 00 per month), taxes on the Premises, and insurance premiums thereon At the end of said year, Lessor shall give Lessee an accounting thereof and the amounts paid shall be adjusted either by Lessee making additional payments to Lessor or Lessor making refund payments to Lessee; or 3 Exercise the option to purchase the Premises as described in Article XXIV of the Contract for the purchase price at such time of $1,334,000.00. If Lessee extends the term of the Contract for a third year, at the end of said year, the Lessee shall have the option tot r ~ , I , s t ~ i ~ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL pG J I Z f 1 I r r ~ t r ~ l ' S <i I s r + t I + t i 1 r ( F L f l ~E SALARY GRIEVANCE COMMITTEE , A meeting of the Salary Grievance Committee was held at the Brazos Center 3232 Briarcrest Drive Bryan Texas on Tuesday May 12 1984 at 10 00 A M to hear the grievance of Judge Tommy Lyons Justice of Peace Precinct lr regarding the salary for 4 that office >I The following members of the Salary Grievance Committee were t t 1 present E t i R J Holmgreen County Judge presiding ` Frank Boriskie County Clerk r' l Jeffrey K Brown County Attorney t! W D Burley District Clerk i B V Elkins County Treasurer G L Buddy Winn Tax Assessor/Coll ctor ~I Ron Hart Citizen E Albert Newcomb Citizen Edith White Wakefield Citizen Other persons present were tf, I Judge Tommy Lyons Justice of Peace Precinct 1 , t + John Pierce II Attorney for Judge Lyons x Rosalie Todaro Auditor s Office Walter Wilcox Commissioner Precinct 2 Billy E Beard Commissioner Precinct 3 Ruth McLeod Administrative Assistant The County Jud a opened the meeting and asked for a statement , + from Mr Pierce anUor Judge Lyons outlining the grievance The hearing was then opened to the members of the Committee for quest- I ions J I g t After all questions has been asked and statements made the s \ County Judge asked the Committee members to write on a sheet of 1 II paper the word yes if they were for a change in the salary and t , l the word "no if they opposed a change in the salary and hand them i to him The vote count was 8 no' and 0 'yes" s ~ I l ~ t + VOL7X:PAGE,W_L i 1 777- w 1 LL I \ ! f ' Y t vs.'E~'~•'~•3rr-F _'_.r7~'~'.:."w~ww:rta,a~s~ "ti _ i n"' "'.~w•+.~+t n~^'~"` S ; ~ t ; c / ~ ~ r ~ r ♦ t1 r-i ~ v , sc .t1a3. ~ [ti c>~~ 1 ~ It 7 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL I 1 l } t F c I f l + , r 0 b4 VMS I 'MV•+Oh110~~d1. ^r~ 4~~1~ 'W n .~Y • . • a. orw t. b .e•~'~ti "~;.I~}` - a- E + 9 I f f ex,Ttt.t ors rKist*%t• uv tv rat tartutt iN Lvu irv Rtion-ot wAy t To the Comiesiorp rs• Court of Brazos County Texas Brazos County Courthouse f 9cyan. Texas l r t ~ e Format notice to haPrabo 4ivsn t",o _ the Ctty o,< College Station + 1 ~ 1 ~ +~pllc.a prG6 b!QVA to Pla.e a 18-finch 4 t o wt.htn the timhte tr I 1. .i. •f-way of Barron Road at State Highway No. 6 1 in '.o :o of ru.s.. States County. Texas as follows ' I t I ' The location or 'ascription of the propa4% d lnA t1tation to more filly shown By copies of the dravinif attaco-ed :e thip notice Sr I I I 3 understand and Iagree -ha. I • r r o ' 1 tt I The Commissioner of the pr..i-.. in vtio_h t`v rtght-of-war tics mist 1e notified I t prior to the be=irntn; t' core -se.lon to , rJer ttiat the Co=mtasiinerl"14tht l;e on t 1 I hand to designate the ac-aal loea.ton of the in+tallstt01 ' S That all da-age to the roadlols and ribh s of-sa/ will be repaired to t`eir oriStiat 1t{ ' !r ` condition to to-* satis:actios- of :he Cc-lssleiar in uh%ch the roa.'vay erlTiet-of-way e t ` dies 1 3 That Bra:cs Coi-t • res%r es to,* ri;'tt to rt ,,ire AV it ant °.r relml.a.w av 110%ar any r~ such line a: nu tot; to Bra as Caw, stogy d sirw beco-oo necarxaarv duo to wid+nir; t• or lowering or o"vr alteration o' the rea.ila, or Tt6%t-0'-v4t { i That Brags Count, 1111 in no +a/ be res.r nAM0 fur anj da%re zl-at nibht oeear t1 t ! any exis.Ln& uttlit/ lines in the right-ot wio t 1 5 That the %ine will be constructed and c6oln.ai-ed un he tour y right-of-waj in scar- ! dance wi h governing laws { 1 6 That all sites will be bofr%uided ducin, con•.rit.tion p.rioa: v t r Construction of this line will begin on or of er the _1 4.61 of Augpst _ la 84 I ~ Fir„ C yr of Co leg'e,_Atati n. Texas ; ct Sot y Ash, P E. Titles F- APPROVED By COtCi1s %ERS° C01,RT Address a P 0. Box 9960 t DATts C211eie Stations Texas 77840 - none& 764-3570 A t v t a t R J ttola=reett I t ! County Judge t 1 l r I ~ tl ! ;I l t t rl t l F..~ ! 'ta ! Mr . Ill r "-.r.-...+... -~w».r~ r~rw...r w.. ..~.r.rrr r. v ~ . ~ ♦ L .`~.{IN I ll ~ II l 1 0 E 1 • 1 t r , i a 1 l ~ ~ r t r + ► 4 t ' 1 ~ J l r f I, 1 tb f vo-&PAGE-LA, c~,y`~IR"~~ *~+v+~r f +rr-- y ; i , i r i yt r L + r r ti+ 1 I' 1 ' 1 f ~ ~ ~4 ~ t ♦ ¢ ,7 I r r d l / ,tt Z' r t s / ty ~ ♦ t Zti1 ti ~ G t v r tiI v ~ t { } ♦ + F ~r r } v t R oe I v 1 } t , 9 ~ 7 ♦ I r ~ ' ~ ~ ,r,''~ i.', • 'j+~ ~r1 ~ ' 'S r1 • • c-" 1't 4f ` •+'t' ~ `F ' I tt r r ~A .11 , I e- j a ' 1r ' I , NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGBT-OF WAY ' To the Commissioners` Court of BRAZOS County, Texas Brazos County Courthouse j, Bryan, Texas 77801 Formal notice is hereby given that FERGUSON CROSSING PIPE • ' Applicant, proposes to place a 3" Gas Line within the r g t- I ; of-way of Cotrone Road in Brazos County, Texas as followst ` The location or description of the proposed installation is more fully shown lil by three (3) copies of the drawings attached to this notice. I understand and agree thatt' 1. The Commissioner of the Precinct in which the right-of-way lies i must be notified prior to the beginning of-construction in order that the Commissioner might be on hand•to designate the actual location of the installation. 2. That all damage to the roadways and rights-of-way will be repaired ; to their original condition to the satisfaction of the Commissioner in which the roadway or right-of-way lies. 3. That BRAZOS COUNTY reserves the right to require Applicant to relo- cate or lower any such line at no cost to BRAZOS COUNTY, should same become necessary due to widening or lowering, or other alter- ation of the roadway or right-of-way. 4. That BRAZOS COUNTY is in no way responsible for any damage that might occur to any existing utility lines in the right-of-way. ' 'r r Se That the line will be constructed and maintained on the county right- of-way in accordance with governing laws. 6. That the line or lines will be constructed no less that forty-eight inches (48") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (21) below the center of the roadway. `',I[ . • 7. That all roads be bored to forty feet (401) on either side of the , right-of-way or cased for such distance. i 8. That all sites will be barracaded during the construction period. Construction of this line will begin on or after the 2nd day of july_ 1984 ~Y ' A s S ' I, A i - Firms FERGUSON CROSSING PIPE LUE COMPANY ' , , By Titles Belton H tower Senior Landman Address tSuite 1878A• Greenfield Plaza - } Brian. Texas 77802 Phones 409/260-9833 1 .S• ' I ' r~~ APPROVED BY COMMISSIONERS' COURT • f , ; Date t Aep -rte j , • , r ~ ~ r'~ • ` 'f ~ ` 1' • V ' M , ^ `+Y I 1 • 1` ' ` `r l ~1 ` . ~ `i , ~ L V ~ A ,1 . _ .1 a VIIV~T. ti ~ ~ r Y~ ,`l , r,T r,a C, I ? r rA i "•~'t• 1 r, 1 4 =y IV~.~• • r_'f T wn ~ K• , ' . rS; ` ' . .;f« ?f.: S r ,•f'~'• • ~~~•Y/5, ' V , } 4 ` .r A.yl r. ;+Iy 1+i+.R , A7 31♦y.a.1 C..+ 3 in ' ' ' { 1.•. ~ ~ I t 1' ~ ~ l , v` + ~ . s . ~ 1t" t ` ~ r8• 1 a ~ . ; ~ t 1 . . ` . % } ' 7 J~,'-+' +5,~~,•-'.S7rL , . I 1 .~d ' ' , , _ , _ • ; , ` 5 "S~r,.~~• „ ; .,~-w ~ _ ' ' _ _ , ~•.)lL k+.n w~ Y^ 1 t ~ ~.~.^Tn•.~C1^•'~' c~ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL a i J ~ 1 Y r r ~ s ~ t 0 L ~ j / f t 1 ~ Z 1 fib a ' M v4 [ 9 ti 1 • l 0 %b + ~ I N b~ ~ 4 1 !a_ ~ r 1 ) }v~7 ~ ~ t I ' '~1V1 ~ 1 1 l ~ ~ v 1 a 1 O / L f , i X n {1 ~ 1 3 ~ l ~ o an . r ! 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Y r 1 1 1 1 ! 4 , 1 NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY ' t To the Commissioners' Court of BRAZOS County, Texas ' Brazos County Courthouse Bryan, Texas 77801 ' M Formal notice is hereby given that FERGU N =nun - ' Applicant, proposes to place a 4" Gas Line within the right of-way of Varisco Lane in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three (3) copies of the drawings attached to this notice. 'ter t I understand and agree that: ' 1. The Commissioner of the Precinct ih which the right-of-way lies must be notified prior to the beginning of construction in order that the Commissioner might be on hand to designate the actual i location of the installation. t 2. That all damage to the roadways and rights-o€-way will be repaired ,e ± to their original condition to the satisfaction of the Commissioner in which the roadway or right-of-way lies. 3. That BRAZOS COUNTY reserves the right to require Applicant to relo- cate or lower any such line at no cost to BRAZOS COUNTY, should same become necessary due to widening or lowering, or other alter- rt F t `I ,I w t ~r c !s 1 ~ ~a IA r s f h. t fl ~ ation of the roadway or right-of-way. 4a That BRAZOS COUNTY is in no way responsible for any damage that might occur to any existing utility lines in the right-of-ray. 5. That the line will be constructed and maintained on the county right- of-way in accordance with governing laws. r 6e That the line or lines will be constructed no less that forty-eight 1 inches (48") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (21) below the center of the roadway. 7e That all roads be bored to forty feet (401) on either side of the right-of-way or cased for such distance. 8s That all sites will be barracaded during the construction period. Construction of this line will begin on or after the 22n_ ay of July 1984 r Firm:FERGUSON CROSSING PIPE LINE COMPANY By: Titles Belton Hightower. Senior Landman T N - 1 Address: Suite 1878A, Greenfield Plata - r 3 Bryan, Texas 77802 1 ~ Phone: 409/260-9833 , C APPROVED BY COMMISSIONERS' COURT u S , • Date: 1,121-4,11 , 4 , k ` ~ r / t S C ~ i .fi t i t • ~i .r.~.~ R _ ar...w. r..-..mow-~la~.ra~-~ ' y % lA~ ' { - r--+~ •i r ~--t t , ZL ~ ~ .!1 ~ L ~ • ar i a re z&' "k ...t'~L S -I V I. l n; }1 S. fir. w'>. `tiLy Y t'.. M~ it • > 1. )..ti ^ • . , d.~ Lw 7L'~:~ y 1[t N w Ia. - 1 , 1 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL t 1 1 t I I I 0 1, 0 r 1 { r t ~ ~ 1 [ o I • I ` L 1 r + I I a^a o ~P~ I ' O ~1 e wA , o a l r 54 N II id♦ ~ ~ o ~ 1 r s v 00 P ~ M 1 ~ Q' ~ r I I ° 71L o ws^ O • 1 10 too 1 1 ~ a ~ Ma ; • M 1 ~ ~ M • y d \ v~ ~1$ • • T • a da -9 0 owl I ` ~ Sr0 • M ~ 1w , M p .0 al J ~"0 IL : a ql C wt M ti,1 p f1 • 1 10 Y ~ ~ P r • ~ •i► a ~ r► : ~ i tj O i 4~ ~p r I J Z M o N ? Volt 10 MM GO y o o+ ~ © Al S cl 140 d 1 ' Ir cIt 91 'h N too do v OPT db 11 1 all ~Q~~3w~j . n ~ O ~Y ~ O ♦ : pl '/j1/ p lA 00 Op ow k~ ~ " ~r3 t~ c •o a M~~ e • t~ ooJ1i>o6p~c~~~ 3 d°~ ~a dr. 7% q G 11 V , 11M~~ Qy1~ Q1'1111~ P,~7 ♦ 111 i t 1 4. = d 1R O~ 1 1 1 ♦ M d Q 4 1 ~Itl~ p y~o At Mp ~'N 111 (y4 /1 i1 w 1" T ~ 11 +11' ~ ~ ! i c ~ tQ w 1 2 ~ 1 ' -;R Y fft ~l AGE ~ P a ~x ♦ ~ r i ~ ~ , , ) f; ~ 1 1 ~ 1 ,f c ~ I O f ~ I ti I 1 ~ A i 0 1 ! ~ E j ti ~t r 1 t i I I I ~ r / d 1