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HomeMy WebLinkAbout1985-12-30-1000AM-SpecialI { w ;r r' I t 04 r w f L 7 u 1935 DEC 27 1,1 9: h8 r utj 'rte HRAZOS COUNTY F BRYAN. 7WXA6 C AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY, DECEMBER 30, 1985, 10:00 A.M. 1. Consider the issuance of Letters of Obligation for the Sanitary Landfill property at Millican, Texas. 2. Approval of the Minutes of the meetings held on October 14, 1985, October 28, 1985, November 4, 1985, November 11, 1985, November 14, 1985, November 19, 1985, November 25, 1985 and November 26, 1985. 3. Consideration of the reappointment of'the following to the Brazos County Recreational Facilities Advisory Committee: , Don Ladewig, Chairman Ann Bell Polly Howard 4. Consideration of Budget Amendments. 5. Consideration of assistance and payment of costs associated with the warning system installation of Railroad Crossings approved in the 1986 Federal Railroad Program. 6. Consideration of the following bids and authorize the payment there- of: 1. Annual Contract for Printing of Criminal Justice Forms for Data Processing Department. 2. Aggregate for Surface Treatments for Road and Bridge Department. 3. Two (2) Plain Paper Copiers for Brazos County. 7. Consideration of Change in Status of Employees. I 8. Consideration of Certificates of Correction and/or Cancellation. 9. Payment of Claims 10. Other Business 11. Closed meeting for consideration of personnel matters. 12. Action, if any, in regard to personnel meeting. VOL S PAGE a02' _~~_...-_.,.....o.....o,r..w.s._,.w~.a. „ ..,-.--r,...~..,,..xa.+c.~,o,eo•.•nmrtce,v.c,mon,.n,-....~.. a k?,,.,, i 1 1 lA ~3 COMMISSIONERS' COURT SPECIAL MEETING DECEMBER 30,1985 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, beginning at 10:00 A.M. on Monday, December 30, 1985, 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 Boriski.e, County Clerk. The following citizens and officials were in attendance: Mike George Steve Dowell Sandy Lange Stub Davis Denise Fischer W. D. Burley Billy Eubanks Sharon Fairchild Jewell Coker Chuck R. Clement Joyce Hawk David Nunnelee Patricia Meronoff J. D. Langley Jim Bush Kerly Sekera Carol Snedeker Ruth McLeon KBTX-TV KBTX-TV Treasurer's Office Tax Office KTAM-KORA District Clerk County Engineer Auditor SAVIN WTAW/KTAW KKYS-KAGC The Eagle Vance, Bruchez & Goss Judge - Elect Monroe Systems for Business League of Women Voters County Judge's Secretary Admin. Asst. The first matter to come before the Court was to consider V®b 4 the issuance of Letters of obligation for the purchase of property for the expansion of the sanitary landfill at Millican. Patricia Meronoff, Attorney for Vance, Bruchez and Goss was present to an- swer any question regarding the matter. After discussion Commissio- ner Beard moved to issue the Letters of Obligation for the purchase of the property. The motion was seconded by Commissioner Cooley, and carried unanimously. The Court next considered for approval the minutes of the Commissioners Court meetings held October 14, 1985, October 28, 1985, November 4, 1985, November 11, 1985, November 14, 1985, November 19, 1985, November 25, 1985 and November 26, 1985. On motion by Commissioner Cooley, seconded by Commissioner Turner, the Court voted unanimously to approve the Minutes as submitted. Next to be considered was the reappointment of three members to the Brazos County Recreational Facilities Advisory Committee. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to reappoint Don Ladewig, Ann Bell, I and Polly Howard to the Brazos County Recreational Facilities Ad- visory Committee. t ' I v The Court proceeded to consider amendments to the 1985 budget for various departments and amendments to the 1986 budget for the County Attorney's Office. On motion by Commissioner Cooley, second- ed by Commissioner Wilcox the Court voted unanimously to approve the budget amendments as submitted. A full copy of the amendments are attached hereto. e The County Engineer presented a report stating that four loca- tions had been approved in the 1986 Federal Railroad Program for railroad crossings, including both flashing lights and gates at the following intersections: 1. North Graham Road at FM2154 - $4,750.00 2. Steele Store Road at FM50 - $5,000.00 3. Dowling Road at FM2154 - $4,750.00 4. Cotrone Road at Cotrone/Dix Rd.(off of FM50) - $4,750.00 The Engineer recommended that the County assist in payment of crossings on North Graham Road, Steele Store Road and Dowling Road for a total cost of $14,500.00. Commissioner Cooley moved to accept the Engineer's recommendation and approve the funds to pay for the crossing. The motion was seconded by Commissioner Beard, and carried unanimously. Commissioner Cooley moved to pay for the crossings with State Lateral Road funds if legal. The motion was seconded by Commissioner Wilcox and carried unanimously. ~r de ~i- i :on a to VOL PAGE ;20 I ` rr, r The Court proceeded to consider for approval the following bids: 1. Bid No. 257 - Contract for printing Criminal Justice forms for the Data Processing Department. (a) Moore Business Forms (b) Sunbelt Business Forms (c) Hart Graphics On the recommendation of the Data Processing Manager, the award V% of the contract was delayed to allow for further evaluation of the bids. 2. Bid No. 258 - Annual contract for surface treatment for Road & Bridge Department. a)Austin Crushed Stone b)Delta Materials Corporation c)Young Brothers Contracting d)Gifford Hill Company e)R.T.Montgomery, Inc. a)Austin Crushed Stone b)Delta Materials Corporation c)Young Brothers Contracting 1)500 cubic yard 3)500 cubic yard 302.4 grade 3/B 304.4 grade 3/PE Loaded per Loaded Loaded Loaded ton Hauled Only Hauled per ton per ton per ton L no bid 16.25 no bid 26.08 8.25 22.85 11.50 26.10 13.25 10 mi.haul 19.75 10 mile @1.50 NT haul @ add'1 mile- 1.50 NT age @.12 a add'l mi- ton mile leage @ .12 a ton mile 6.00 @ New 20.19 @ 15.00 @ 29.19 @ Braunfels fob site New Bra- fob site Plant unfels Plant 15.53 18. .12 33.62 2)1000 cubic yard 4)1000 cubic yard 302.4 grade 4/B 304.4 grade 4/PB ' Loaded only Loaded Loaded Loaded per ton Hauled Only Hauled per ton per ton per ton no bid 16.25 no bid 26.08 11.50 26.10 14.50 29.10 19.75 10 mi.haul 19.75 10 mile @1.50 NT haul @ add'l mile- 1.50 NT age @.12 a add'l mi- ton mile leage @ .12 a ton mile d)Gifford Hill Company 6.00 @ New 20.19 @ 15.00 @ 29.19 @ Braunfels fob site New Bra- fob site Plant unfels Plant e)R.T.Montgomery, Inc. 15.53 18.03 32.32 34.82 On motion by Commissioner Turner, seconded by Commissioner Wilcox, V O L PAan ~ _2os- ..•J t ~ J.•:. \ ::'Tt' ..yam, ._'~Jr_ ..A 1 1' / Y the Court unanimously awarded the contract to Young Brothers Con- tracting, Inc., as the primary supplier, with all others being . 1_. - - ._~~~y eta^d.a.-_- _ _ _ ~ L.r~1eU al ,.M, _ . ter b . alternate suppliers, depending on the company that had the ma- terial available at the time needed. 3. Bid No. 255 - Two Plain Paper Copiers. (a) Central Texas Word Processing $38,943.50 Royal 5003ZAR (b) Savin Sales of East Texas $35,920.00 Savin 7055 (c) Savin Sales of East Texas $39,650.00 Savin 7055,with sorter (d) Xerox Corporation $45,977.20 Xerox Marathon (e) A.B.Dick Products $32,698.00 Toshiba 8412 (f) Monroe Systems for Business $30,621.00 Monroe RL7502 (g) Business Machines Services $44,805.00 Sharp SF-9500 Ih) Texas Copy $35,711.00 Cannon NP-7550 After discussion Commissioner Wilcox moved to award the contract to Texas Copy for the Cannon NP 7550 and to purchase three copiers with monies to be paid out of Bond funds. The motion was second- ed by Commissioner Cooley and carried unanimously. I'll i i `i I E i I a 4 , } The Court next considered the change in status of the follow- ing employees: Lance Mitchel Belostock Constable, Pct. 4 Larry Ingham Constable, Pct. 4 d Edward Terrence Mader Constable, Pct. 4 Joy Florez Noll District Attorney James T. Armstrong Sheriff's Office On motion by Commissioner Turner, seconded by Commissioner Beard, the Court voted unanimously to approve the changes as submitted. Under other business the Court considered approval of the following leases for rental of office space: 1. Lease between William T. Aycock, III and Brazos County for lease of 300 square feet located in the WTA Building at 3038, East University Drive, College Station. Such i~ lease to be for fifteen (15) months commencing on Octo- ber 1, 1985 and ending on December 31, 1986; to be paid t' V®~. RAGE and ~_-„'i - i ___7__ - , " 1 .,J . w• , _ v, T a_ 7 monthly at the rate of $300.00 per month. This space to be used to house the office of Justice of the Peace, Precinct 7, Places 1 and 2. 2. Lease between Nantucket Diversified Joint Venture and I Brazos County for lease of the two northern most inter- connected offices upstairs in the building located in Nantucket Subdivision located on State Highway 6 South. Such lease to be for a period of sixty (60) months, be- ginning January 1, 1986 and ending on December 31, 1991; to be paid monthly at a rate of $500.00 per month. This space to house the offices of Justices of the Peace, Pre- cincts 1 and 2. On motion by Commissioner Turner, seconded by Commissioner Cooley, the Court voted unanimously to authorize the County Judge to exe- cute both leases on behalf of Brazos County. A full copy of both leases are attached hereto. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to purchase two (2) non-insulat- ed stainless steel 12 tray capacity food transport carts with carry- ing handles in the amount of $250.00 each, as recommended by Jack Cumpton, Architect. Purchase to be paid with monies out of the Bond funds. There being no further business to come before the Court at this time, the Court retired into executive session to discuss personnel matters. The meeting was re-opened at 11:45 A.M. to take action on matters discussed in the executive session. The matter of the appointment of a County Treasurer to fill the vacancy created by the resignation of Bill Elkins was present- ed, whereupon Commissioner Turner moved for the appointment of , W. B. "Stub" Davis as County Treasurer. The motion was seconded by Commissioner Wilcox, with Commissioners Turner, Wilcox and the - IVv~ V14,tL S~ r cl' County Judge voting "Aye." Commissioners Beard and Cooley voted "No" whereupon the County Judge announced the motion carried and the W. B. Davis would serve as the County Treasurer for Brazos County until the next general election, and upon the filing of the proper bond and taking the Oath of Office. On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to contract with Durst, Mia- berger and Spies to conduct an audit of all county funds for the 1985 fiscal year. Claims were approved as per the following page. +ti i i nL 1 VO PAGE a~. r--+' h- - ~ /l ,.t•, orb t~ n ±'r' I b. 1Qp- I I I ji i ~ ~ ~(r \1' ~ ~ n 4 w I I The Court next considered the following Claims as submitted by the County Treasurer for payment: 10 - General Fund------------------------Claims 45701 thru 46033 Claims 46035 thru 46129 Claims thru Claims thru Claims thru 30 - Capital Projects & Improvements: Proposition I----------------Claims 46131 thru 46156 Claims thru Claims thru Proposition II----------------Claims thru Claims thru 42 - Revenue Sharing---------------------Claims 46168 thru 4616q Claims thru Claims thru Claims thru 40 - Law Library-------------------------Claims 46157 thru 46167 Claims thru Claims thru 90 - Community Resources Officer---------Claims thru Claims thru Claims thru 91 - Juvenile Commission Grant-----------Claims 46263 thru Claims thru 25 - Capital Improvement Debt Service----Claims 46130 thru Claims thru 26 - Road & Bridge Debt Service----------Claims thru Claims thru 31 - State Lateral Road------------------Claims thru Claims thru Claims thru 32 - R-O-W Equipment & 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 46170 thru Claims thru 92 - Council on Arts Grant---------------Claims thru Claims thru Claims thru 93 - Sesquicentiennial------------------- Claims 46264 thru 46266 Claims thru 20 - Road & Bridge-----------------------Claims 46267 thru 46348 Claims thru Claims thru Claims thru 22 - Road & Bridge No. II - Precinct 1---Claims thru Claims thru Precinct 2---Claims thru Claims thru Precinct 3---Claims thru Claims thru Precinct 4---Claims thru Claims thru 54 Health Dept Claims 46198 thru 46217 Claims thru r 55 - Foster Care-------------------------Claims 46218 thru 46261 Claims thru I 60 Payroll Account 46262 ON LINE CHECKS numbered 857499 thru 857502 On motion by Commissioner seconded by Commissioner the Court voted unanimously to approve the Claims as su mute . There being no further business to come befo re the Court the Meeting was I I adj ourned. I• - _ _ a-,-r+~LZ'm9'G.:~"~.cc- -t! ~.~.\^-^`~.....a. •re-- ~ .u~ - - _ . a.. . - . .w. ...ice., ~ ...r • _ - _ _ _ _ _ - _ _ ..-..t.~~ - - .U......1 K •t The foregoing minutes have been examined and approved in open Court this the ~ day of • 19 in Bryan, Brazos County, Texas, e ' yHo mgreen Co Judge Walter Wilcox Commissioner, Precinct 2 Bill P.-Aooley Commi ioner, Pr inct 1 ~_d~A Billy ear Commi inner, Precinct 3 Mi to Turner Frank Bor s e Commissioner, Precinct 4' County Clerk , VOL S -PAGE 2/o : 1 3 ,j C , 01 Y , , r I • BRAZOS COUNTY; TEXAS BUDGET AMENDMENT FOR THE 1986 BUDGET YEAR No. 1 ' , On this the Ifirday of Uggpmber 19_§.L, at a -Special ' m is s io f C s c rt th i i b m ess o oner n o s ou e o ow ng mem ers were presen : R. J. HOLMGREEN County Judge BILL J. COOLEY Commissioner, Precinct•1 WALTER WILCOX Commissioner, Precinct 2 BILLY BEARD Commissioner, Preeindt 3 MILTON TURNER Commissioner, Precinct 4 FRANK BORISKIE , County Clerk The following proceedings were held: THAT WHEREAS, on December 16, 19 85 the Court heard and approved a budget amendment o t e 198 --S'udget year for Brazos County, Texas. WHEREAS, an emergency expendit ure is necessary, due to grave public necessity to meet unusual and unforseen conditions which could not be reasonably included in the original budget adopted November 19, 1985 the following amendment (s) to the original are hereby aut or ze : Account No. Department Reason Amount Increase (Decrease) 10-21;552T County Attorney „ Increase to car allowance _ Car Allowance County Attorney $ 3,600 10-21-5112 County Attorney Increase to Salarie for Sal. Asst. CA's 2 Assistants at 15-2 2,036 10-21-5120 County Attorney To accomodate the above Retirement increases for Retirement 410 10-21-5121 County Attorney To accomodate the above Soc. Sec. increase for Soc. Sec. 440 Increase to budget - = 6, 486.00****************ee******e************** • 10 , r THE CO ISSIONER COURT OF BRAZOS COUNTY, TEXAS j BY: - County Judge Original - County Clerk's Office to be attached to original budget Copy - County Auditor's Office ' Copy - County Treasurer's Office Copy - Commissioners' Court Minutes Copy - Budge Amendment File ' r - r r r • 1 / • 1, On this the 30ttday Of December , 1985 at a S e ial session of Comn~ssionese ourt e o owing members were presen : R. J. HOLMGREEN , County Judge BILL J. COOLEY ( Commissioner, Precinct 1 WALTER WILCOX Commissioner, Precinct 2 BILLY BEARD , Commissioner, Precinct 3 MILTON TURNER , Commissioner, Precinct 4 . FRANK BORISKIE , County Clerk The following proceedings were held: THAT WHEREAS, on 19 the Court l heard and approved a budget amendment o e 1985 Sudget year for Brazos County, Texas. WHEREAS, an emergency expendit ure is necessary, due to g rave public necessity to meet unusual and unforseen conditions which could not be seasonably included in the th f ll i d original budget adopted nnegm 19 q h i i e ow o ng amen ment (s) to t e or g nal are hereby a ut or ze : Account No. Department Reason Amount Increase Decreas -'1U=70"3217 Building 6 Yards Realocation of funds 2,100) Janitorial Supplies 10-70-522 Building b Yards Realocation of funds ( 3,600) Mis. Supplies 10-70-5310 Building b Yards Realocation of funds 2,230 Rep/Maiot-Bldg 6 Grounds 10-70-5418 Building b Yards Realocation of funds ( 1000) Maint. Cont. 10-70-5530 Building 6 Yards Realocation of funds 11000 ' Travel/meals/lodging 10-70-6210 Building b Yards Realocation of funds 2,290 Off. furn b Equip. 10-70-6217 Building b Yards Realocation of funds 390 Equip/Bldg 6 Maint Dept. 10-70-6219 Building 6 Yards Realooation of funds 11090 Bldg/Impr-Self-Constructed e~*e****e No increase to budget *****►ee*sss*s***s*s***********flAAAAAAAA*#A#A*#***s1lA**** r 0 v I , 15. 11 e) ~s ~Y i 1 i THE COMMISSIONERS' OURT OF BRAZOS COUNTY. TEXAS BY: , County Judge .Original - County Clerk's Office to be attached to original budget Copy - County Auditor's Office -Copy - County Treasurer's Office Copy - Commissioners' Court Minutes Copy - Budge Amendment File V®~• ' O Yom/. • • • • IwY. BRAZOS COUNTY. TEXAS BUDGET AMENDMENT FOR THE 1985 BUDGET YEAR No. a r ! BRAZOS COUNTY, TEXAS BUDGET AMENDMENT FOR THE 1985 BUDGET YEAR No. On this the 30th day of December , 19 85 at a Special session of Commissioners Court the , o owing members were presen : R. J. HOLMGREEN , County Judge BILL J. COOLEY , Commissioner, Precinct 1 WALTER WILCOX , Commissioner, Precinct 2 BILLY BEARD , Commissioner, Precinct 3 MILTON TURNER , Commissioner, Precinct 4 FRANK BORISKIE County Clerk .ti The following proceedings were held: THAT WHEREAS, on December 30 195 the Court heard and approved a budget amendment o , t e 1985-Budget year for Brazos County, Texas. WHEREAS, an emergency expendit ure is necessary, due to grave public necessity to meet unusual and unforseen conditions which could not .be reasonably included in the the f wi ll d original budget adopted 4 o o ng amen ment (s) to the original are her eby authorized: _ Account No. Department Reason Amount Increase (Decrease) -I0-56-5216 Constable, Pct. 7 Rea oca-t oonof funds Copier supplies ($34.63) 10-56-5411 Constable, Pct. 7 Realocation of funds Rep/Maint/Equip ( 21.00) ' 10-56-5414 Constable, Pct. 7 Realocation of funds Copier Rep/Maint. ( 55.00) 10-56-5529 Constable, Pct. 7 Realocation of funds Out of Co. Travel ( 41.00) 10-56-5210 Constable, Pct. 7 Realocation of funds Office Supplies 41.00 10-56-5530 Constable, Pct. 7 Realocation of funds ' Travel/Meals/Lodging 110.63 No increase to budget ****r►*************a*******e********************** 10-48-5210 County Agent Realocation of funds (434.00) Office Supplies 10-48-5510 County Agent Realocation of funds 109.00 Conf/Membership 10-48-5530 County Agent Realocation of 'funds 325.00 Travel No increase to budget********************************************** THE C,MMISSION R ' COURT OF BRAZOS COUNTY, TEXAS I BY: County Judge Origi al - County C erk's Office to be attached to original budget ' Copy - County Auditor's Office Copy - County Treasurer's Office Copy - Commissioners' Court Minutes * Copy - Budge Amendment File a t - i .j i E -1,. 0 I r ; y i ~ I ~ a r j STATE OF TEXAS COUNTY OF BRAZOS 1 ~I ~ t 1 LEASE AGREEMENT ,This lease agregment is made and entered into this / S f LEI: 21( ,19_eL, by and between WILLIAM T. AYCOCK, III, hereinafter referred to as Lessor, and BRAZOS COUNTY, hereinafter referred to as Lessee. In consideration of the mutual covenants and agreement herein set forth, and other good and valuable considerations, Lessor does hereby demise and lease to Lessee, and. Lessee does hereby lease from Lessor, THE WTA BUILDING, located at 303 B East University Drive, College Station, Texas, containing approximately 300 square feet. ARTICLE 1. TERM The term of this lease shall be fifteen (15) months, commencing on OCTOBER 1, 1985 and ending on DECEMBER 31, 1986, unlesssooner terminated as herein provided. ARTICLE 2. RENT Lessee will pay to Lessor, at the Office of the Building as rent for the leased premises, the sum of $300.00 each month, from the commencement of the term of this lease and without notice, in advance on the 1st day of each month. Rent for any fractional month at the -beginning or end of the lease shall be prorated. ' ARTICLE 3. USE OF PREMISES Lessee will use the leased premises only for Office purposes, unless Lessor shall give the Lessee prior written consent for a different use.I In ' connection with its use of and activities in and about the leased premises and the Building, Lessee, at its expense, will comply, and will cause its employees, agents, and invitees to comply with all applicable laws and ordinances, with all applicable rules and regulations of governmental, agencies, and Lessee will conduct itself and cause its employees, agents, and invitees to conduct themselves, with full regard for the rights, convenience, and welfare of all other tenants in the Building. Provided Lessee has performed all of the terms, covenants, agreements, and conditions of this lease, including the payment of rent, to be performed by Lessee, Lessee shall peaceably and quietly hold and enjoy the premises for the term hereof, without hinderance from Lessor, subject to the terms and conditions of this lease. , 1 i VQ L_ PAG, EE I } I' 'V. '1-~.- 1. 1 I , ~ ~ , lay Y. x• , 'f «c : eta 7 r i i _ • W - . I r i I ' ARTICLE 4. MAINTENANCE AND SURRENDER I 4~ t Condition of Premises 4.01. Lessee acknowledges that its acceptance of possession of the t leased premises constitutes a conclusive admission that it has inspected the leased premises and has foupd them in good condition and repair. I Services i 4.02. So long as Lessee is not in default hereunder, Lessor shall furnish the leased premises during reasonable hours the following services at Lessor's sole expense: Heat and Air Conditioning i (a) Heat and air conditioning during the customary peroids of the ' year when and to the same extent Lessor furnishes heat and air conditioning for other portions of the Building. (b) Electric current consisting of 110 volts service for lighting ' and ordinary business appliances. 1 Janitorial Service j (c) Usual janitorial and maintenance service including the I sweeping and waxing of floors and the cleaning of windows, replacement of light globes or fluorescent tubes in the standard lighting fixtures installed in the Building by Lessor. Lessor shall also maintain and keep the public and common areas of the Building, such as lobbies, stairs, ' corridors, and restrooms in reasonably good order and condition, except for damage occasioned by Lessee, or its employees, agents, or invitees. L Maintenance 4.03. Lessee shall throughout the lease terms maintain the leased premi4.03. Keep premises free from waste or nuisance, and shall deliver 4 up the premises in a clean and sanitary condition, reasonable wear and tear and damage by fire, tornado, or other casualty excepted. Utilities 5.01. All utilities to be paid by Lessor. Attorney's Fees 5.02. In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or ' enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. 2 4 77, I I ~I ~y it t! I{ 1 .o I t ,I i 1 ~ r ~ I ff/ Alterations, Additions, and Improvements 5.03. Lessee shall not make any alterations, additions, or 4/Lessor. mprovements to the lease premises without the prior written consent of Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by Lessor. Lessee shall have the right at all times to erect or install furniture and fixtures provided that Lessee complies with all applicable governmental laws, ordinances, and regulations. Lessee shall have the right to remove at the termination of this Lease such items so installed, provided Lessee is not in default, however, Lessee, shall prior to the termination of this lease, repair any damage caused by such removal. Signs 5.04 Business signs shall consist of business names only and standardized as to size and materials. All signs and mounting of signs shall be approved and placed in position and location designated by Lessor. Damage or Destruction 5.05. If the building or the leased premises should be totally destroyed by fire, tornado, or other casualty, or if they should be so damaged the rebuilding or repairs cannot reasonably be completed within thirty (30) working days from the date of the occurrence of the damage, this lease shall terminate and rent shall be abated for the unexpired portion of this lease, effective as of the date of said occurrence. Inspection 5.06. Lessor or its officers, agents, and representatives shall have the right to enter into and upon any and all parts of the premises at all reasonable hours to (a) inspect same or clean or make repairs or alterations or additions as Lessor may deem necessary (but without any obligation to do so, except as expressly provided for herein), or (b) show the premises to prospective tenants, pruchasers, or lenders; and Lessee shall not be entitled to any abatement or reduction of rent by reason thereof, nor shall such be deemed to be an actual or constructive eviction. ARTICLE 7. SUBROGATION Each party hereby waives any and all claims for recovery including any right of subrogation against the other party for any loss or damage to any of its property which could be insured against by standard forms of fire and extended coverage insurance policies. ARTICLE 8. ASSIGNMENT AND SUBLEASE Assignment and Subletting by Lessee 8.01. Lessee shall have the right, but only with the prior written consent of Lessor, so long as Lessor remains reasonable in granting said consent, to assign this lease, and any interest therein and to sublet the 3 r ~ 1 I', I~ 1 y I leased premises, or any part thereof, or any right or privilege pertinent thereto, provided each assignee assumes in writing all of Lessee's obligations under this lease, and Lessee shall remain liable for each and every obligation under this lease. ARTICLE 9. DEFAULT Events of Default 9.01. The following events shall be deemed to be events default by Lessee under this cease: (a) Lessee shall fail to pay any installment of the rent hereby reserved and such failure shall continue for a period of ten (10) days. (b) Lessee shall fail to comply with any term, provision, or covenant of this lease, other than the payment of rent, and shall not cure such failure within twenty (20) days after written notice thereof to Lessee. (c) Lessee shall make an assignment for the benefit of creditors. (d) Lessee shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee shall be adjudged or bankrupt or insolvent in proceedings filed against Lessee thereunder and such adjudication shall not be vacated or set aside or stayed wrthing the time permitted by law. (e) A receiver or trustee shall be appointed for all or substantially all of the assets of Lessee and such receivership not be terminated or stayed within the time permitted by law. (f) Lessee shall desert or vacate any substantial protion of the premises for a period of five (5) or more days. Remedies 9.02. Upon the occurrence of any event of default specified in Section 9.01 hereof, Lessor shall Enter upon and take possession of the premises and expel or remove Lessee and any other person who may be occupying the premises or any part thereof, by force if necessary, without being liable for prosecution or any claim for damages therefor, and if Lessor so elects, relet the premises on such terms as Lessor shall deem advisable and receive the rent thereof; and Lessee agrees to pay to Lessor on demand any deficiency that may arise by reason of stich reletting. No reentry or taking possession of the premises by Lessor shall be construed as an election on its part to terminate this lease, unless a written notice of such intention be given to Lessee. Notwithstanding any such reletting or reentry or taking possession, Lessor may at any time thereafter elect to terminate this lease for a previous default. ARTICLE 10. MISCELLANEOUS w 4 > I tir 111-.i..1-. :wl liii'.. ~"'y~. ~'+~_Sf3..: ~.L........~ ..~...a: a4•a .ti.S ~u:n~1c`.r++~ .s~ l _ t t , I Notices and Addresses 10.01 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the property party, at the following address: LESSOR: LESSEE: William T. Aycock, III Brazos County 303A University Drive East R. J. Holmareen College Station, Texas 77840 County Judge 300 E. 26th. Street Suite 114 Bryan, Texas 77803 Gender 10.02 Words of any gender used in this lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Parties Bound 10.03 This agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement. Texas Law to Apply 10.04 This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. Legal Construction 10.05 In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabliity shall not effect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.06 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the withing subject matter. Amendment 10.07 No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 5 -PAC .i _..T;~T'"~ _ _ _ i~.r.~i.F.ft~.sr3Su~u.a~'L•~rr~.r,.a•r~•c~.~i±k: J 1 - I 1 S i i ~1 •~r li r ~t y a f t ~ r 1 r ' r 1 l• 1 I Rights and Remedies Cumulative 10.08 The rights and remedies provided by this lease 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 or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. t ~ Waiver of Default 10.09 No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this lease` shall be deemed to be waiver of any other breach of the same or any other term,, condition, or covenant contained herein. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. LESSOR: LESSEE: 'WILLI M T. AYCOCK,-I BRAZOS COUNTY DATE By: '0~ DATE t 1 - I ~ s 6 i I I - - VnCt S 14 r t / I ` ~ t ~ Irk ~ t f ` r:x._`~'311~' 1*.~I~2L I.li='~T'-+~r+. ..-.w.-a L. ....r_^e+~rr/.4 ~.-.+.:.~'..Skr. .n_~'~•"~Yw.~. . i t cuEur!: app VANIM BRUCHEZ • QM LEASE AGREEMENT This, Lease Agree is made and entered into this lit day of i 1988 19 and between NANTUCKET DIVERSIFIED JOINT VENTURE of a Braz County, Texas, herein called Lessor, and BRAZOS COUNTY TEXAS here- in called Lessee. In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease frdm Lessor, the following described premises located in Brazos County, Texast I t, (2 Northern most interconnected offices upstairs) 2 offices in the building located in the Nantucket Subdivision to include utilities, use the reception area, coffee bar and rest room. r f t A i I f~ 1 e herein called the "leased premises". TERM (1) The term of this lease shall be for a period of Sixty (60) mouths commencing on January 1, 1986, and ending on December 31, 1991. RENT (2) Lessee agrees to pay to Lessor as rent for the leased premises the sum of $500.00 per month on the first of each month and before the fifteenth of that month, at such place as Lessor may from time to time specify by written notice served on Lessee. The Lessee agrees to pay the sum of $500.00 Five Hundred and No/100 Dollars per month for the first twelve (12) month period of this lease. Lessee's monthly rental fee shall be renegotiated upward or downward during the 12th, 24th, 36th and 48th month of the lease term. Such adjustments shall reflect, changes in the utility costs and taxes attributable to the leased premises and the then current rental rates for comparable rental space in Brazos County, Should the parties be unable to arrive at an acceptable rental rate either party may terminate the lease upon five Am, --e /-~J I - - (5) days written notice as specified in Paragraph 20 hereof. Said rental fees shall be due and payable at P.O. Drawer 10084, College Station, Texas 77840. USE (3) The leased premises shall be used only as an office and Lessee shall not permit the leased premises or any pert thereof to be used for (a) the conduct of any offensive, noisy, or dangerous activity that W would increase the premium's for fire insurance on the leased premises; i (b) the creation or maintenance of a public nuisance; (c) anything which I is against public regulations or rule of any public authority at any i time applicable to the leased premises; or (d) any purpose or in any I, manner which will obstruct, interfere with, or infringe on the rights of I{ other tenants of adjoining property owned by Lessor, nor shall the 1 ' leased premises be occupied by any person or persons other than the per- II son or persons who have executed this lease. UTILITY CHARGES (4) Lessee shall not be responsible for any utility charges, garbage service, janitorial services or any other public utilities to the leased premises during the term of this lease. Such utilities shall I! be provided at Lessor's expense at all times necessary for the i conducting of Lessee's business, which both parties acknowledge may be C at times not during normal business hours. j INDIIMW AGRE KEW I (5) Lessee agrees to indemnity and hold Lessor and the Property of i Lessor, including the leased premises, free and harmless, from any and 1 all liability for injury to or death of any person, including Lessee and I, employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission ' of any person, or persons, including Lessee and employees of Lessee, in or about premises with the express or inplied consent of Lessee. Lessee may desire to have insurance on his furnishings but Lessor will not be held responsible for Lessee's or Lessee's employees furnishings or equip- ment. , y 4777777 7777~--T 7.777 = ate/ V(~, PAGE O ALTERATION AND DVROVE{GNM (6) Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS (7) Lessor shall, after notice and at its expense, make all roof, floor (other than surface material), pavement, electrical, plumbing, air conditioning, heating, structural repairs and replacements including but not limited to those required by public authorities, all repairs and replacements to and painting of the exterior walls (outside doors and overhead doors are considered as outside walls) and if any he present all necessary elevator repairs and replacements. Lessor shall replace all broken window and plate glass except damage resulting from negligence of Lessee. If Lessor fails or neglects within a reasonable time to make repairs or corrections which, under the terms hereof Lessor is required to make after written notice to Lessor by Lessee, or having started such repairs or corrections, Lessor fails to complete them .within a reasonable time, the Lessee may cause such repairs or corrections to be made or completed at Lessor's cost and expense and may deduct from subsequent installments of rent an amount sufficient to reimburse itself for costs and expenses incurred. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of buildings shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties DESI'R(.MON op tMgAM (8) Should any buildings or immprovettents on the leased premises be damm>aged or destroyed by fire, the elemim ts, acts of Cod, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. provided however, should the cost of repairing or restoring any build- ii Y ®L J v'" AC'S E 2a ~r n) ,I zz:zl, 'M j. ! f. i 1 ings or improvements so damaged or destroyed exceed twenty-five percent (258) of the replacement cost of all buildings and improvements now located on the leased premises or if more than 508 of total floor space of the leased premises shall be rendered unfit for Lessee's occupancy this lease may be terminated by either party by ten (10) days written notice. If less than 508 of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within 90 days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any e.e unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES (9) Lessee stipulates that he has examined the leased premises as well as all buildings and improvements located thereon and they are all, at the date of this lease in good order, repair and a safe and clean condition. i I I Il ROVE MMM PROPUM OF LESSOR (10) All alteration, changes and improvements built, constructed, or placed in the leased premises by Lessee, other than movable personal property shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee at the termination of the lease shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change, or improvements on the leased premises without hav- ing first oostained the written consent of Lessor. ASSIGMEN'P AND SUBLETTING (11) Lessee shall not assign this lease nor sublet the leased preni- ses or any interest therein without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at the option of the Lessor, terminate the lease. X11 112 11 1 Ti?MM IS RIGHT 'M PE*U" (12) In the event t,69sor violates or fails to perform any provisions or agreement of the lease to be performed or complied with by Lessor, and such violation or failure continues for fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BY LESSEE (13) Should Lessee be in default for period of more than ten (10) days in the payment of any rent payable under this lease or in the per- formance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner pro- vided by the laws of the State of Texas in effect at the date of such default. tt LOr ING BY LESSOR (14) Should Lessee abandon or vacate the leased premises contrary to the terms of this lease, the leased premises may be relet for the account of Lessee by Lessor for the best rent and on the best terms reasonably obtainable. if a sufficient sum shall not be realized by Lessor or from such reletting, after deducting the cost and expense to him of such reletting, to satisfy the rent reserved in this lease, Lessee agrees to satisfy and pay to Lessor any deficiency in the monthly rent reserved in this lease on the 10th day of any month in which such a deficiency is determined by Lessor to exist. QUIET ENJOYMENT (15) Lessor does covenant that Lessee on paying the rent and performing the covenants aforesaid shall and may peaceably and quietly have, hold and enjoy the said Demised Premises for all terms aforesaid. HOLD OVER (16) At the expiration of this Lease should Lessee hold over for any reason whatever, it is hereby agreed that in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same cor>Utions and at the same monthly rental as provided herein. VOL PAGE .2- I n r i a I • r f~f _ SUBORDINATION OF LEASE (17) This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encum- brance now or hereafter placed on the leased premises by Lessor, to all advance made under such lien or encumbrance to the interest payable on any such lien or encumbrance and to any and all renewals and extension of such liens or encumbrances. RIGHT OF INSPECTION (18) Lessor and his agents have the right at all reasonable times i during the term of this lease to enter the leased premises for the pur- pose of inspecting them and all buildings and improvements thereon. PARKING i (19) Lessor warrants, represents and agrees that , at all ticrns during the term of this lease, Lessee shall have the non-exclusive and nonrevocable right , together with other tenants and occupants to the use of the parking spaces which constitute part of the complex of which the leased premises is a part. Lessee shall have the right to designate six parking spaces for the exclusive use of the Lessee should parking for the leased premises became a problem, in the Lessee's opinion. NOTICES ;r (20) Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this ' lease by the other party hereto shall be in writing and shall be deemed { duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor at P.O. Drawer 10084, College Station, Texas, 77840, addressed to Lessee at 300 East 26th Strut, Bryan, Texas 77803, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. ELIMINATION OF OFFICES r , j (21) The leased premises are to be used as office space for the ~ N,i Justice of the Peace for Precincts One (1) and Two (2) of Brazos County, i ! Texas. VOL .57 '71! 777-7.7,7777,77, r' i n` E1 , , If during the term of this lease the office of Justice of the Peace for Precincts One (1) or Two (2) should be eliminated or if precinct lines should .12e redrawn to make the leased premises an inconvenient or improper location for the site of such offices, then Lessee may cancel this lease by giving ten (10) days written notice to Lessor. LOCATION FOR RENT PAYMENT (22) Unless changed by written notice pursuant to the provision in Paragraph 26 above, all rent payable Wider this lease shall be paid to Lessor at the above specified address. ATTORNEY' 9 FEES (23) Should any litigation be carmeneed between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereto, the party prevailing in such litiga- tion shall be entitled, in addition to such relief as may be granted, to a reasonable sum as and for his attorney's fees in such litigation. -,WAIVER OF BREACH (24) The waiver by Lessor of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subse- quent breach of the same or different provision of this lease. TIME OF ESSENCE (25) Time is expressly declared to be of the essence of this lease, BINDING OF MRS AND ASSIGNS • I (26) Subject to the provision of this lease against assignment of I the Lessee's interest hereunder, all provision of this lease shall extend to and bind, or inure to the benefit not only of the parties here- to but to each and everyone of the heirs, executors, representatives, successors, and assigns of Lessor or Lessee.4 RIGHTS AND REMEDIES CUMULATIVE ' I (27) The rights and remedies provided by this lease agreement are cumulative and the use of any one right or remedy shall not preclude or' waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. I i VOL PAGE J. Y~ i i TCW LAW TO APPLY (28) This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUC'PION (29) In case any one or more of the provisions contained in the agreem,nt shall for any reason be held to the invalid, illegal or unen- forceable it shall not affect any other provision thereof and this agree- ment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. PRIOR Af. ME TIS SUPERSEDED (30) Mis agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings. or written or oral agreements between the parties respecting the within subject matter. (31) No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. ATTES"1': 4 LESSOR NANI LOCEP DIVFMSIFIED JOINT VENTURE By: LESSEE BRAZOS BOUNTY By: Judge R.J. Hot green r=t- 1 ;7 ~.9•,1'I q'.s I` :=.,i t1...•, ,e~.~:p+=~.. j'd~ .r- li ,-•T 1 t , ' J } . ' • , 1 ' , 1 i' .1 'l1, 4a t i , 1 ( ' t• A~ . I ~,t ~ 7r J r ! 1 ~ I - ~ 1' ~ i•~r• 1 r l,:vs tom. , , ~ I ' ' ` I • / - , ' 1 ~ i ~ . 4 • .,1 1 ` 11' 1` ' _T.. c:'~--a-~`j - _ I'~~,r~cl~`~-'F[~~c~l• - . - '1' . aat-Lrv ` . '