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COMMISSIONERS' COURT I
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t SPECIAL MEETING
SEPTEMBER 17, 1984 '
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A special meeting of the Commissioners' Court of Brazos
County, Texas, was held in the Commissioners' Courtroom in the
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Courthouse in Bryan, Brazos County, Texas, beginning at 10 00
A.H. on Monday September 17, 1984, with the following members
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of the Court present:
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r R. J Holmgreen, County Judge, presiding
Bill J Cooley, Commissioner of Precinct 1,
Walter Wilcox, Commissioner of Precinct 2,
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Billy E Beard, Commissioner of Precinct 3,
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Frank Boriskie, County Clerk
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The following citizens and officials were in attendance
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Sharon Fairchild Auditor's Office
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Maria Sandberg Auditor
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- Carol Snedeker County Judge's Secretary
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Ruth McLeod Admin. Asst Commissioners Court
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The first matter to come before the Court was the considera-
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tion of a Release of Thurmond and Stuart, Inc and Robert Butler
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Company in connection with the construction of the Regional Multi
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Use Facility, EDA Project No. 08-01-01783 (Brazos Center). On
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motion by Commissioner Beard, seconded by Commissioner Cooley, i
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` the Court voted unanimously to authorize the County Judge to accept
payment in the amount of $38,250 00 and to execute a full, final
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and complete Release. A full copy of the Release is attached to
• and made a part of these minutes
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Y The Court proceeded to consider bids received for roofing and
gutter repair to the Brazos Center as follows
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' w 1. Van-Wall 126,000.00 Begin-10 days - Complete-45 days
s All American ,152,440 00 Begin-30 days - Complete-90 days
f Commercial 16 A - $150,121 00 Begin 21 days - Complete-45 days
;{4` t ',,,On motion by Commissioner Beard, seconded by Commissioner Cooley,
the Court voted unanimously to accept the low bid of Van-Wall in
• - the amount of $126,000 00 and authorized the payment thereof out of
Capital Projects, Proposition II, or Revenue Sharing if there was
not sufficient funds in the Capital Projects fund.
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Next to be considered by the Court was to set-the effective i
date for the new rate for dependent care for the county health
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insurance as follows !
Employee/Children - $21.26
Employee/Spouse - 39.48 ` J
Employee/Family - 50.43
On motion by Commissioner Beard, seconded by Commissioner Wilcox +
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the Court voted unanimously to adopt the new rate and that the
effective date of the new rate would be September 13, 1984.
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There being no further business the meeting was adjourned.
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ut The foregoing minutes have been examined and approved in ~I
f,• open Court this the day of Q '
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19in Bryan Brazos County, Texas. '
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t~ ton Turner ran or s c e
Commissioner, Precinct 4 County Clerk
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°AWD/ck 09/12/84
83-199-104 (14)
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FULL. FINAL, AND COMPLETE RELEASE
THE STATE OF TEXAS $
_ KNOW ALL MEN BY THESE PRESENTSa
COUNTY OF BRAZOS S
That, in consideration of the payment and furnishing of the
consideration described herein, specifically the sum of
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THIRTY-EIGHT THOUSAND TWO HUNDRED FIFTY AND NO/100 ($38,250.00)
DOLLARS, the receipt and sufficiency of all of which is hereby
acknowledged, the undersigned, BRAZOS COUNTY, TEXAS, acting herein
by and through its Commissioners Court and County Judge,
hereinafter sometimes referred to as "County", has RELEASED,
ACQUITTED, and FOREVER DISCHARGED, and by these presents does
RELEASE, ACQUIT AND FOREVER DISCHARGE THURMOND AND STUART, INC., a
Texas corporation, and ROBERT BUTLER COMPANY, a division of R. B.
BUTLER, INC., and all of their agents, directors, officers,
employees, successors, subsidiaries, affiliate companies, assigns,
and legal representatives, (all of the foregoing being hereinafter
collectively referred to as the "Released Parties") from any
claim, demand, or cause of action, known or unknown, accrued or to
accrue hereafter in favor of the County and against any of the
Released Parties which are caused by, result from, arise out of or
relate (as hereinafter limited) to a certain contract between the
County and Released Parties for the performance of labor and
furnishing of materials in connection with the construction or
development of a project known as Regional Multi-Use Facility EDA
Project No. 08-01-01783 (the Brazos Center)# herein sometimes
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called "the Project". Without limiting the generality of the ,
foregoing, it is understood and agreed that this Release includes j
3 a release of any claim:
r (1) for breach, termination, or any other remedy, cause of
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contract) for construction of the project heretofore
entered into between THURMOND AND STUART, INC. and the
County, on or about January 19, 1978, including any
claim arising under any amendment thereofd
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(2) for labor performed or materials kurnished to the County
relating to the project whether pursuant to the contract
or otherwisei
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(3) against any of the Released Parties for any tort
liability of any kind in connection with the performance
or alleged failure to perform any provisions of the
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contracti
(4) for consequential, commercial, exemplary, punitive, or
any other damages of any kind or character caused by,
a resulting from, or arising out of any act or omission
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made or omitted by or on behalf of any of the Released
Parties prior to the date hereof in connection with the
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Projects
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Anything herein to the contrary notwithstanding, this Release
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shall not constitute a release of any obligation created by the
contract and the documents therein referred to or the execution
and performance of the work required thereby except such portion
of the contract and the documents therein referred to that relate
to the furnishinq of labor and materials, and the installation of
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, portion of the project described as the
such materials, for that
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metal roof and all related flashing, penetrations, gutters and
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down spouts.
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By the acceptance of this Release, the Released Parties in
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turn release the County from any and all claims and causes of
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action for their expenses incurred in connection with any and all
charges for materials and/or labor incurred by reason of repairs,
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attempts at repairs, rehabilitation, inspections or from any
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source whatever in regard to the flashing, penetrationse gutters,
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down spouts and metal roof of the project.
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This Release does not affect or alter the rights and
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S liabilities of the County ai3 Released Parties as to any portions
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of the contract and the documents therein referred to or the
performance thereunder by Released Parties, except as specifically
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provided herein.
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EXECUTED this day of 1964.
BRAZOS COUNTY, TEXAS,
acting by and through its
Commissioners Court
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Byi ~
R. J. Ho mgreen,
County Judge
ACCEPTEDs t
THURMOND AND STUART, INC.
By: °
Lynn Stuart, President
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ACCEPTED%
ROBERT BUTLER COMPANY,
a division of R. B. BUTLER, INC.
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