HomeMy WebLinkAbout1990-10-15-0600PM-Specialt
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BR.AZOS COUNTY
BRYAN. TEXAS
AGENDA
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90 OCT 12 AM 9: 19
Or-") `y'e•~~~.~a.% COUNT CLERK
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BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY,
OCTOBER 15, 1990, AT 6:00 P.M. IN THE COMMISSIONERS' COURTROOM
OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115,
BRYAN, TEXAS.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on the approval of the minutes of
the meetings held on August 13, 1990, August 20, 1990,
(8:15 A.M. and 6:00 P.M.) August 27, 1990, and September 4,
1990.
4. Consider and take action on lease between Brazos County and
Brazos Valley Museum, Inc.
5. Consider and take action on change of time sheet submission
day from Wednesdays at 5:00 P.M. to Fridays at 5:00 P.M.
Paychecks will now be available Thursdays instead of Wednes-
days.
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6. Consider and take action on request from Rural Fire District
No. 1.
7. Consider and take action on the following Presiding Election
Judges and Alternate Presiding Judges for 1990 and 1991.
a. Election
Precinct
15
- Alternate
Judge
b. Election
Precinct
7
- Presiding
Judge
c. Election
Precinct
7
- Alternate
Judge
d. Election
Precinct
20
- Alternate
Judge
8. Consider and take action on award of bid for Annual Lubricants
Contract - Bid Request No. 90-545 - for the Road and Bridge
Department and authorize the payment thereof.
9. Consider and take action on request from General Telephone
Company of the Southwest to install communication lines in
the following county rights-of-ways:
a. Ranchero Road - Precinct 3
b. Steep Hollow Road - Precinct 3
10. Consider and take action on work outside of county rights-of-
ways for the enhancement of county road projects.
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11. Consider and take action on*personnel change of status.
12. Consider and take action on payment of claims.
13. Adjourn.
COMMISSIONERS' COURT
SPECIAL MEETING
OCTOBER 15, 1990
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 6:00
P.m. on Monday, October 15, 1990, with the following members
of the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4;
Frank Boriskie, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Bea Green Secretary to Commissioners
Cheryl Turney Auditor's Office
Sharon Fairchild Auditor
A. H. Winder County Engineer
Sandie Walker Treasurer
Candy Cochran County Clerk's Office
Jim Hiney Bryan/College Station Eagle
Jody Manley KBTX-TV
Robert McCren KBTX-TV
Alice Rios KTSR/WTAW Radio
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held August 13, 1990, August 20,
1990, August 27, 1990 and September 4, 1990. Commissioner
Sims asked that the wording on the minutes of August 27, 1990
be changed to say Highway 30 and three (3) miles past Bird
Pond Road. On motion by Commissioner Sims, seconded by
Commissioner Norton, the Court voted unanimously to approve
the minutes with the correction.
The Court next considered renewal of a lease agreement
between Brazos County and the Brazos Valley Museum, Inc. for
rental of space. The term of the lease shall be for fifty
(50) years, commencing on November 1, 1990, and ending on
October 31, 2040. On motion by Commissioner Sims, seconded by
Commissioner Wilcox, the Court voted unanimously to renew the
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Commissioners' Court meeting October 15, 1990
lease agreement between the two for the period stated above.
A copy of the lease agreement is attached.
The Court next considered a request from the County
Treasurer to change the date paychecks are distributed from
Wednesday after the end of pay period to Thursday after the
end of the pay period. Mrs. Walker said that this will
facilitate the production of flex checks, clarify the time
records as suggested by the inspector from the Department of
Labor and considerably reduce the confusion between the
payroll department and those departments which have employees
who work irregular hours. On motion by the County Judge,
seconded by Commissioner Sims, the court voted unanimously to
approve the request of the County Treasurer. The new
distribution date will begin on November 16, 1990.
The next matter for consideration by the Court was a
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request from the Precinct 1 Rural Fire Prevention District for
an advance of $5,000.00. The funds will be used to perform
the required tasks of the district. Commissioner Norton
stated it was illegal and that the district would be receiving
funds toward the end of this year. On motion by Commissioner
Sims, seconded by Commissioner Turner, the Court voted
unanimously to deny the request of the Rural Fire Prevention
District.
On motion by Commissioner Norton, seconded by Commis-
sioner Sims, the Court voted unanimously to recommend the
following persons be appointed presiding judge and alternate
judge for the elections conducted by the county:
AI
Precinct N
Presiding Judge
Alternate Judge
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20
29
Jo Nell Greensage
Ruby Ellis
Loraine Swindol
Vickie Gibson
Raul Saldivar
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Commissioners' Court meeting October 15, 1990
The Court next considered awarding the following bids:
Bid No. 90-545 - Annual Lubricants Contract
BRENCO BRAZOS PRODUCERS
MKTING OIL CO-OP
1. Motor Oil SAE
30W (55 gal) $2.39/gal $2.45/gal no bid
2. Motor Oil SAE
30W (5 gal) $3.09/gal $3.05/gal $3.15/gal
3. Motor Oil SAE
15W-40(55 gal) $2.48/gal $2.60/gal no bid
4. Motor Oil SAE
15W-40 (55 gal) $3.18/gal $3.25/gal $3.15/gal
5. Tractor Hydraulic fluid
SAE 1OW (55 gal) $2.46/gal $2.62/gal $2.55/gal
6. Tractor Hydraulic Fluid
SAE 1OW (55 gal) $3.16/gal $3.30/gal $3.35/gal
7. Univ. Gear Lubricant
SAE 85-14OW GL5
(400 lb. drum) $0.402/lb $0.43/lb $0.59/lb
8. Univ. Gear Lubricant
SAE 85-14W GL5
(5 gal. pail) $0.502/lb $0.51/lb $0.513/lb
9. Auto Trans. Fluid
Dexron II & Mercon ATF
(55 gal. drum) $3.09/gal $2.70/gal $2.65/gal
10.Auto. Trans. Fluid
24 qt. containers $1.13/qt $1.02/qt $0.90/qt
11.Multipurpose Grease
Cartridge Tubes $0.906/tube $0.96/tube $0.92/tube
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
submitted by Brazos Oil on items 1,2,3,4,
7 & 8 and acceptance of the bid submitted
by Producers Co-op in items 5,6,9,10 &
11. On motion by Commissioner Norton,
seconded by Commissioner Wilcox, the
Court voted unanimously to accept the
recommendation of the Purchasing Agent
and award the contract as specified
above.
The court next considered the request by General
Telephone Company to install a communication line across the
f right-of-way of Ranchero Road in Precinct 3 and to install a
buried cable across the Steep Hollow Road in Precinct 3. On
motion by Commissioner Sims, seconded by commissioner Norton,
the Court voted unanimously to approve the request of General
Telephone Company and authorized the installations. Copies of
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i Commissioners' Court meeting October 15, 1990
the requests are attached hereto.
The Court next considered authorizing work outside of
county rights-of-ways for the enhancement of county road
• : projects. The Road and Bridge Department requests permission
to enter the private property of Frank Hromcik on Grassburr
Road for the purpose of excavating an outlet channel to allow
water to drain from culverts under Grassburr Road. On motion
by Commissioner Sims, seconded by Commissioner Norton, the
Court voted unanimously to authorize the work.
The Court proceeded to consider the change of status of
the following employees.
NAME
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Hutcheson, Jeanie
Tatge, Joan
Contreras, G.
Turney, Cheryl
Hildebrand, Nancy
Koronka, Louis
DEPARTMENT
Sheriff Office
County Clerk
Tax office
Auditor's Office
District Attorney
Sheriff Office
REASON
Resignation
New Employee
New Employee
Step Increase
Step Increase
Trans. Grant #
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
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submitted by the county Treasurer for payment:
10 General Fund---------------Claims 168744 thru 169123
20 Road & Bridge--------------Claims 169316 thru 169395
22 Road & Bridge II-----------Claims 169124 thru 169127
30 Capital Projects & Improvements:
Proposition I--------Claims 169128 thru 169129
54 Health Department----------Claims 169153 thru 169195
55 Foster Care----------------Claims 169196 thru 169245
61 Health & Life Ins----------Claims 169246 thru
70 Indigent Health Care-------Claims 169247 thru 169285
90 Community Services Off-----Claims 169286 thru 169291
94 Victim Assistance Prog----- Claims 169292 thru
97 Narc. Traf. Task Force-----Claims 169293 thru 169315
Commissioner Sims noticed that the oil changes on county
vehicles showed a wide range of prices for the same work. The
County Judge asked the Purchasing Agent to take phone bids on
lube jobs, oil changes and air filters. On motion by the
County Judge, seconded by Commissioner Wilcox, the Court voted
unanimously to approve the Claims as submitted.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutbe have been examined and approved in
open Court this the day of , 19Y6, in
~Bryan, Brazos Courtty, Texas.
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Coun y Judge
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Qer Wilcox
Commissioner, Precinct 2
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Commissioner, Precinct 4
Gary or
Commissi r r, OPrectnvh. 1
Randy S m
Commissi ner, Precinct 3
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County Clerk
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LEASE
This lease is made and entered into this 21 day of 1990, by and between
BRAZOS COUNTY, a political subdivision of the State of Texas, acted for herein by its
I County Judge, R. J. Holmgreen, pursuant to the authorization of the Commissioner's Court
of Brazos County, Texas, referred to in this Lease as Lessor, and BRAZOS VALLEY
MUSEUM, INC., a Texas non-profit corporation, acted for herein by its President, John R.
Stropp, acting pursuant to a resolution of its Board of Trustees, referred to in this Lease
as Lessee.
ARTICLE 1. DEMISE OF LEASED PREMISES
In consideration of the mutual covenants and agreements set forth in this lease, and
other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and
Lessee does hereby lease from Lessor, the premises situated at the Brazos Center in Bryan,
Texas, on the extension of Briarcrest Drive between Highway 6 Bypass and FM 158.
Specifically, the premises consist of approximately 8000 square feet, and will share a
common wall on the northeast of the existing building known as the Brazos Center. The
property generally included within the demised premises is shown on the attached Exhibit
"A", entitled "Museum Floor Plan". The premises also include portions of the existing
Brazos Center and common areas, as hereinafter defined. All of the premises are referred
to in this Lease as "the premises" or "the leased premises". In some references in this
Lease, the principal space to be leased shall be referred to as the "building area".
Lessee is to have and to hold the leased premises, together with all rights, privileges,
easements, appurtenances, and immunities belonging to or in any way appertaining to the
leased premises, including, but not limited to, any and all easements, rights, title, and
privileges of Lessor, existing now or in existence at any time during the lease term, in, to,
his
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or under adjacent streets, sidewalks, alleys, party walls, and property contiguous to the
leased premises, and reversions which may later accrue to Lessor as owner of the leased
premises.
ARTICLE 2. LEASE TERM
Fixed Commencement and Termination Date
2.01 This lease shall be for a term of fifty (50) years, referred to as the lease term,
commencing on~ L~ JevAe/ . 1990, and ending on &4 6ey 3 2040, subject,
however, to earlier termination as provided in this lease.
Right to Extend
2.02 Lessee may extend this lease for a further period of fifty (50) years by giving
Lessor written notice of Lessee's intention to do so within the last two (2) years prior to the
expiration of the lease term but no later than six (6) months prior to the expiration of the
lease term, under all the terms and conditions of this lease.
Termination
2.03 This lease shall terminate and become null and void without further notice on
the expiration of the term specified in §2.01, and any holding over by Lessee after the
expiration of that term, other than as provided §2.02, shall not constitute a renewal of the
lease or give Lessee any rights under the lease in or to the leased premises.
ARTICLE 3. RENT
Rent for Building Area and Common Area
3.01 Lessee agrees to pay to Lessor $100.00 per year throughout the term of this
lease as annual rent for the use and occupancy of the building area and the common areas.
This amount will be known as the 'base rent".
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' Rent for Use of Existing Brazos Center Facilities
3.02 Lessee agrees to pay to Lessor on or before the 1st day of each month during
the term of this lease, the sum of $104.00, as agreed monthly rental for the use of existing
offices, laboratories, and other space within the existing Brazos Center building, which space
in the existing Brazos Center is identified in shaded area on the attached Exhibit "A".
Additional Rent for Day Camps
3.03 As additional rental, Lessee agrees to pay to Lessor for rent for the entire
leased premises, a sum of $2.00 for each person registered and attending day camp sessions
of the Lessee or any successor or replacement program of a similar nature for each week
or portion of any week that each camper is registered and attending camp sponsored by the
Lessee on the leased premises. All of the additional rent provided by this section shall be
due and payable on or before the 1st day of the month following the month in which the
camp session or sessions were held and conducted.
Time and Manner of Payment
3.04 All monthly rent due under this article shall be paid by Lessee on a monthly
basis and in advance on the 1st business day of each month. All annual rent due under this
article shall be paid by Lessee on a yearly basis and in advance on the 1st day of September
of each year. All installments of rent shall be paid in lawful money of the United States
to the Lessor at the address stated below.
ARTICLE 4. TAXES
Payment by Lessee
4.01 It is anticipated by Lessor and Lessee that no taxes, charges or assessments of
any description will be levied on or assessed against the leased premises and other property
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on the leased premises during the term of this lease, whether belonging to Lessor or to
Lessee. In the event any such taxes, assessments., and other charges of any description are
levied or assessed, Lessor shall be solely responsible for all taxes associated with or
attributable to the real property within the leased premises and being more particularly
included within the description of the property owned by Lessor in §7.05 below. Lessee
shall be solely responsible and obligated to pay and discharge all taxes, assessments or other
charges imposed (1) as a result of or attributable to personal property located on the leased
premises and not included within the description of Lessor's property in §7.05 below, and
(2) attributable to the operations of the museum by Lessee. Lessor and Lessee each agree
to indemnify and save the other harmless from any and all taxes, charges and assessments
specifically assumed and agreed to be paid by the parties to this agreement in this
paragraph. Both Lessor and Lessee shall have the right in good faith at its own respective
sole cost and expense to contest any such taxes, charges, and assessments, and in the event
of any such contest, each of them respectively agree in accordance with this Section to be
obligated to pay the contest amount, plus any penalties and interest imposed only if and
when finally determined to be due.
ARTICLE S. UTILITIES
Lessor shall pay or cause to be paid all charges for water, heat, gas, electricity, sewer,
and all other utilities used on the leased premises throughout the term of this lease,
including any connection fees.
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rICLE 6. USE OF PREMISES
Primary Purpose
6.01 Lessee shall have the right to use the leased premises for the development,
construction and operation of an addition to the existing Brazos Center building to house
a permanent facility for the Brazos Valley Museum, including without limitation, an entry
hall, a gallery, exhibit hall, classrooms, work rooms, storage facilities, collections room,
offices, and outdoor exhibits or landscaped areas. Use of the leased premises for a purpose
other than stated above shall constitute a default by Lessee of the terms and provisions of
this lease. Lessor and Lessee agree that the nature of the use, types of exhibits, and quality
of programming employed by Lessee currently in the existing Brazos Center are those
contemplated by the parties in determining whether the Lessee is occupying the premises
for the purpose set forth herein.
Illegal Use Not Permitted
6.02 Lessee agrees not to use all or part of the leased premises or any building
situated upon the leased premises for any use or purpose in violation of any valid and
applicable law, regulation, or ordinance of the United States, the State of Texas, or the City
of Bryan, or the lawful authority having jurisdiction over the leased premises; provided,
however, that there shall be no violation by Lessee of this provision unless and until Lessor
has notified Lessee in writing, specifying the alleged violation and until Lessee has had a
reasonable time after the notice to cure the specified violation.
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ARTICLE 7. CONSTRUCTION BY LESSEE
General Conditions
7.01 Lessee shall have the right at any time and from time to time during the term
of this lease, to erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings
to be constructed pursuant to paragraph 7.03 of this lease, and correct and change the
contour of the leased premises, subject to the following general conditions:
a. The cost of any such work shall be borne and paid for by Lessee.
b. The leased premises shall at all times be kept free of mechanics' and
materialmen's liens.
C. Lessor shall be notified of the time of commencement and the general nature
of any such work, other than routine maintenance of existing buildings or
improvements, at the time of the commencement.
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d. The provisions of §7.04 concerning Lessor's approval of plans shall be
f followed.
e. No remodeling, construction or alteration of any type shall be undertaken by
Lessee within the existing Brazos Center building.
f. The right of Lessee at Lessee's expense to remove, relocate, remodel or alter
interior walls, partitions, lighting, ceiling materials, floor coverings and exhibits
within the building area, other than the existing Brazos Center, is unrestricted
by this or any other article.
g. No construction shall obstruct, hinder or restrict the use and enjoyment of the
existing Brazos Center building, although Lessor and Lessee agree that
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construction in the building area shall have some effect on the use and
enjoyment of the existing Brazos Center building, but efforts will be made to
minimize that effect.
The erection of buildings other than those contemplated by this lease and as
evidenced on Exhibit "A" shall be only upon the prior written consent of Lessor which
consent may be withheld for any reason in Lessor's sole discretion.
Easements
7.02 Lessor shall cooperate with Lessee concerning easements on the leased
premises as follows:
a. Easements. In order to provide for the more orderly development of the
leased premises, it may be necessary, desirable, or required that water, sewer,
drainage, gas, power lines, and other easements and similar rights be granted
or dedicated over or within portions of the leased premises. Lessor shall, on
request of Lessee join with Lessee in executing and delivering such
documents, from time to time, and throughout the term of this lease, as may
be appropriate, necessary, or required by the several governmental agencies,
public utilities, and companies for the purpose of granting such easements;
provided, however, such easement grants do not, in Lessor's opinion, interfere
with or unduly burden the fee of the leased premises.
b. Expenses. The cost and expense of any action required of Lessor under
Subsection (a) or (b) shall be borne solely by Lessee.
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Commencement of Constrnetion
7.04 Lessee expects to commence construction of the addition of the building area
within 120 days after possession is delivered to Lessee or after issuance of all necessary
permits and other authorizations, whichever is later. Lessee represents it will diligently and
in good faith pursue all necessary permits.
Lessor's Approval of Plans
7.04 Lessor's approval of construction, additions, and alterations of buildings or
other improvements on the leased premises shall be governed by the following provisions:
a. Written Approval Required. No building or other improvement evidenced
on Exhibit "A" shall be constructed on the leased premises, unless the plans,
specifications, and proposed location are first approved by Lessor in writing,
which written approval shall not be unreasonably withheld. No building or
improvements other than those contemplated in Exhibit "A" shall be erected
without Lessor's prior written consent, which may be withheld in Lessor's sole
discretion. No material addition to or alteration of any building or structure
erected on the leased premises shall be commenced until plans and
specifications covering the exterior of the proposed addition or alteration shall
have been first submitted to and approved by Lessor, which approval shall not
be unreasonably withheld.
b. Exception to Lessor's Approval. The following items do not require
submission to, and approval by, Lessor:
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i. Such minor repairs and alterations as may be necessary to maintain
existing structures and improvements in a useful state of repair and
operation.
ii. Such changes and alterations as are required by an authorized public
official having authority or jurisdiction over such buildings or
improvements in order to comply with legal requirements.
C. Effect of Approval. The approval by Lessor of any plans and specifications
applies only to the conformity of such plans and specifications to the general
architectural plan for the leased premises, and such approval shall not be
withheld unreasonably. Lessor's approval does not constitute approval of the
architectural or engineering design, and Lessor, by approving such plans and
specifications, assumes no liability or responsibility for the architectural or
engineering design or for any defect in any building or improvement
constructed from the plans or specifications.
d. Approval by Lessor. Lessor will promptly review and approve all plans
submitted pursuant to Subsection (a) above, or note in writing any required
changes or corrections which must be made to the plans. Any required
changes or corrections must be made and the plans resubmitted to Lessor
within 30 days after the corrections or changes have been noted. Failure of
Lessor to object to such resubmitted plans and specifications within 30 days
shall constitute Lessor's approval of the changes. Minor changes in work or
materials, not affecting the general character of the building project, may be
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made at any time without the approval of Lessor, but a copy of the altered
plans and specifications shall be furnished by Lessor.
Ownership of Buildings, Improvements, and Fixtures
7.05 Any and all buildings, improvements, additions, alterations, and fixtures,
except furniture, personal property affixed to the real property which can be removed
without substantial destruction of the remaining improvements, and trade fixtures,
constructed, placed, or maintained on any part of the leased premises during the lease
term are the property of Lessor, shall be considered part of the real property of the
premises and shall remain on the premises and remain the property of Lessor on
termination of this lease.
Right to Remove Improvements
7.06 Lessee shall have the right at any time during Lessee's occupancy of the
leased premises, or within 180 days thereafter, to remove any and all personal property,
trade fixtures, exhibits and exhibit elements owned or placed by Lessee, its sublessees or
licensees, in, under, or on the leased premises, or acquired by Lessee, whether before or
during the lease term, but within 180 days after the termination of the lease Lessee must
repair any damage to any buildings or improvements on the premises resulting from their
removal. Any such items which are not removed within 180 days after the termination date
of the lease shall become the property of Lessor as of that date.
ARTICLE 8. NO ENCUMBRANCE OF LEASEHOLD ESTATE
Lessee shall not at any time encumber the leasehold interest with a deed of trust
or other securing instrument. However, Lessee may encumber its personal property,
furniture, machinery, equipment, or other trade fixtures with a lien or other security
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9.02 In the event any building or improvement constructed on the leased premises
is damaged or destroyed by fire or any other casualty, regardless of the extent of such
damage or destruction, Lessee shall, at Lessor's sole election, either (1) within 180 days
from the date of such damage, clean and restore the leased premises to an attractive
condition similar to the appearance of the leased premises prior to the date of this lease,
or (2) within one year from the date of such damage or destruction, begin to repair,
reconstruct or replace the damaged or destroyed building or improvement and pursue the
repair, reconstruction, or replacement with reasonable diligence so that the building shall
be restored to substantially the condition it was in prior to the happening of the casualty;
provided, however, that if commencement or completion of this restoration is prevented or
delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions
or regulations, or interferences, fire or other casualty, or any other reason beyond the
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instrument, provided such lien does not purport to attach to the real property covered by
the leased premises.
ARTICLE 9. REPAIRS, MAINTENANCE AND RESTORATION
Lessee's Duty to Maintain and Repair
9.01 At all times during the term of this lease, Lessee will keep and maintain, or
cause to be kept and maintained, all buildings and improvements which may be erected in
the building area in a good state of appearance and repair, reasonable wear and tear
excepted, at Lessee's own expense. This section refers to custodial or janitorial mainte-
nance. Care, custody and risk of loss of all exhibits or personal property within the building
area shall be the obligation of Lessee at Lessee's expense.
Damage or Destruction
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control of Lessor, whether similar to any of those enumerated or not, the time for
commencing or completing, or both, of the restoration will automatically be extended for
the period of such delay. During any time the leased premises, due to fire or other casualty
is uninhabitable, rent shall be abated or prorated in relation to the usable space within
the leased premises. If Lessee is required to perform the first option above, insurance
proceeds shall be applied by Lessor to pay costs to clean and restore the premises, and the
lease shall be terminated according to the formula set out in Section 13.01. If Lessee is
required to perform the second option above, insurance proceeds shall be applied by Lessor
to pay costs of construction in replacing the damaged areas. Notwithstanding anything
herein to the contrary, the provisions of Article 9.02 relate only to the building and not the
contents or personalty which may be housed in the building at the time of damage or
destruction.
Lessor's duty to Maintain and Repair
9.03 Lessor shall keep and maintain, or cause to be kept and maintained, the
building area, all parking areas, driveways, sidewalks, other common areas, all mechanical
equipment, electrical, and plumbing systems, at all times during the term of this lease, at
Lessor's own expense.
ARTICLE 10. MECHANIC'S LIENS
Lessee shall not cause or permit any mechanic's liens or other liens to be filed
against the fee of the leased premises or against Lessee's leasehold interest in the land or
any buildings or improvements on the leased premises by reason of any work, labor,
services, or materials supplied or claimed to have been supplied to Lessee or to anyone
holding the leased premises or any part of them through or under Lessee. If such a
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mechanic's lien or materialman's lien is recorded against the leased premises or any
buildings or improvements on the premises, Lessee shall either cause the same to be
removed or, if Lessee in good faith desires to contest the lien, take timely action to do so,
at Lessee's sole expense. If Lessee contests the lien, Lessee agrees to indemnify Lessor and
hold Lessor harmless from all liability for damages occasioned by the lien or the lien
contest and shall, in the event of a judgment of foreclosure on the lien, cause the lien to
be discharged and removed prior to execution of the judgment.
ARTICLE 11. INSURANCE AND INDEMNIFICATION
Insurance on Buildings and Improvements
11.01 At all times during the term of this lease Lessor shall keep all buildings and
other improvements located or being constructed in the building area insured against loss
or damage by fire, with extended coverage endorsement or its equivalent. This insurance
shall be carried by insurance companies authorized to transact business in Texas, selected
is
by Lessor. The insurance shall be paid for by Lessor and shall be in amounts not less than
eighty percent (80%) of the fair insurable value of the buildings and other improvements.
Such policy or policies of insurance shall name Lessor as a named insured. Lessee,
however, shall be responsible for providing casualty, theft or other insurance on all exhibits
or personal property located within the leased premises, at Lessee's expense.
Liability Insurance
11.02 At all times during the term of this lease, Lessee shall provide and keep in
force during the term of this lease, liability insurance covering Lessee and Lessor for
liability for property damage and personal injury. This insurance shall protect Lessee and
Lessor against liability to any employees or servants of Lessee and to any other person or
13
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persons whose property damage or personal injury arises out of or in connection with the
occupation, use, or condition of the leased premises. Lessee hereby agrees to indemnify
Lessor from any of the losses or claims described above to be covered by such insurance.
Construction Liability Insurance
11.03 Lessee agrees to obtain and maintain, to the extent reasonably procurable,
construction liability insurance, as is customarily required in AIA form documents for the
construction of buildings at all times when demolition, excavation, or construction work is
in progress on the premises. Such insurance shall list Lessor as a named insured. Lessee
shall further obtain insurance to protect the existing Brazos Center against damage during
construction of additions thereto.
11.04 Lessor shall not be liable for any loss, damage, or injury of any kind or
character to any person or property arising from any use of the leased premises, or any
part of the leased premises, or caused by any defect latent or otherwise, in any building,
structure, improvements, equipment, or facility on the leased premises or caused by or
arising from any act or omission of Lessee, or of any of its agents, employees, licensees, or
invitees, or by or from any accident, fire, or other casualty on the land, or occasioned by
the failure of Lessee to maintain the premises in safe condition. Lessee waives all claims
and demands on its behalf against Lessor for any such loss, damage, or injury, and agrees
to indemnify and hold Lessor entirely free and harmless from all liability, costs and
damages for any such loss, damage, or injury to other persons, and from all costs and
expenses arising from any claims or demands of other persons concerning any such loss,
damage, or injury.
14
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ARTICLE 12. ASSIGNMENT AND SUBLEASE
Lessee may not sell or assign its leasehold estate in its entirety or any portion of it,
or may not sublet the leased premises or any portion of it or any portion of any building
• or other improvement erected on the premises,
at any time without the prior written
consent of Lessor. However, Lessee may allow limited or short duration use of the building
area consistent with the purposes for this lease as stated in Article 6 herein by any group
for a user fee at Lessee's discretion.
ARTICLE 13. DEFAULT AND REMEDIES
Termination on Default
13.01 Should Lessee default in the performance of any covenant, condition, or
agreement in this lease, including, but not limited to its agreement to use the premises for
the purpose of establishing a museum thereon and not correct the default within forty-five
(45) days after receipt of written notice from Lessor to Lessee as required by Section 8.02,
Lessor may, but shall not be required to declare this lease, and all rights and interest
created by it, to be terminated. Upon Lessor's electing to terminate, this lease shall cease
and come to an end as if the day of Lessor's election were the day originally fixed in the
lease for its expiration. In the event of any such termination by Lessor, Lessor shall pay
4 Lessee for the leasehold improvements constructed by Lessee. To calculate the purchase
price in the event of early termination, the following formula shall be used:
Purchase Price = $600,000.00 x Years remaininE. on~inal term.
50
In the event of early termination, Lessee shall not be liable for any rent or other
assessments, except for unpaid rent or assessments incurred prior to the date of termination.
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Default by Lessor
13.02 Should Lessor default in the performance of any covenant, condition, or
agreement in this Lease, Lessor shall remedy such default within forty-five (45) days after
receipt of written notice from Lessee to Lessor. In the event Lessor fails to remedy the
default, rent shall be abated until the default is remedied, and Lessee shall be entitled to
sue Lessor for damages incurred by Lessee in connection with the brtsch or default, and
shall also recover its attorney's fees reasonably incurred in connection with such litigation.
If Lessee elects, after notice and failure to cure as stated above, Lessee may terminate the
lease, and Lessor shall purchase the building area using the formula stated above.
ARTICLE 14. LESSOR'S WARRANTIES AND COVENANTS
Warranty of Quiet Enjoyment
Lessor covenants and agrees that as long as Lessee pays the rent and other charges
as provided in this lease and observes and keeps the covenants, conditions, and terms of this
lease, Lessee shall lawfully and quietly hold, occupy, and enjoy the leased premises during
the term of this lease without hindrance or molestation by Lessor or any person claiming
under Lessor. Lessee shall have unrestricted and exclusive use of the building area and
non-exclusive use of the naturescape, discovery park and nature trail areas for the use of
its members, boards, employees, agents or other groups related to its general purpose and
activity. Lessee shall have unrestricted non-exclusive access to the common areas of the
leased premises.
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ARTICLE 15. GENERAL PROVISIONS CONCERNING RESTRICTIONS ON USE,
COMMON AREAS AND ADJACENT PROPERTY
Use of Adjacent Building
15.01 As part of the ]eased premises, Lessee shall be entitled to unrestricted use
of the space allocated to it and described in the shaded area of Exhibit "A" within the
existing Brazos Center buildings without payment of additional rent or fees, except to the
extent provided in Article 3 herein. In addition to the designated allocated space within
the existing Brazos Center building, Lessee shall be entitled to use other space within the
Brazos Center upon request, following the normal and accepted procedure and policy of
the Brazos Center for all applicants. For the use of such additional space, Lessee shall pay
the regular user fees established by the Brazos Center from time to time.
Provisions of Services
15.02 Lessor shall not be responsible for providing any furniture, equipment, or
materials to Lessee as part of this lease. Lessor shall not be responsible for providing any
telephone or reception area answering services at any time for the benefit of Lessee.
Lessor shall not be responsible for providing any janitorial services within any portion of
the existing Brazos Center building which is solely occupied by Lessee. All of the foregoing
services or goods shall be provided by Lessee at Lessee's expense, if needed by Lessee.
Sign
15.03 Any and all signs erected or placed by Lessee within any common areas or
on the exterior of the new building area or the existing Brazos Center building shall be
submitted to Lessor for approval in writing prior to placement, which approval shall not be
17
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unreasonably withheld. Lessee may erect or place other signs on the interior walls or glass
or exhibits of the building area, other than the existing Brazos Center without approval
from Lessor.
Use of Leased Premises for Animals
15.04 Lessee agrees to abide by the rules and regulations established by Lessor
and Lessee regarding types, housing, maintenance, and reporting or inventory of wild
animals in the Brazos Center, which rules and regulations are attached hereto as Exhibit
"B" and made a part hereof for all purposes. Revisions to the rules and regulations may
be submitted by Lessee for approval by Lessor, which approval shall not be unreasonably
withheld. Lessor shall give appropriate consideration in establishing the rules and
regulations to Lessee's judgment and knowledge in such matters.
Sales of Merchandise
15.05 Lessee shall be allowed to sell merchandise or concessions on the premises,
provided that any and all such merchandise and concessions are incidental and secondary
to the principal activity of Lessee in operating a museum as stated above.
Common Areas
15.06 Lessee and Lessee's patrons, customers, employees, contractors, and
subcontractors shall be entitled to non-exclusive and reasonable use, access, ingress, and
egress to certain common areas in and about the leased premises. "Common areas" is
generally defined as the hallway or foyer of the existing Brazos Center building, drinking
fountains, sidewalks, public restrooms, parking lots, curbs, landscaped areas, lighting
facilities, pavilions, and service entrances, docks and easements, together with the principal
driveway to the parking lot of the Brazos Center. All of the common areas shall be subject
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18
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to Lessor's sole management and control. All of the common areas shall be kept and
maintained by Lessor at Lessor's sole cost and expense. Within the common areas, there
are or may be designated landscape areas within shall be maintained and furnished by
Lessee as part of its operations of its museum. It is anticipated that the areas shown on
• the attached Exhibit "A" and labeled "Naturescape" and "Discovery Park" are areas which
shall be supplied by Lessee but maintenance shall be performed by Lessor under the
Lessee's supervision; provided; however, Lessor may decline to maintain such areas should
they require unusual and costly maintenance due to the unusual nature of their use. Any
other areas which may be used, kept, or maintained by Lessee throughout the term of this
lease shall be first designated and agreed by Lessor and Lessee in writing.
Hours of Operation
15.07 Lessee shall be open for public visitation and business according to a regular
schedule to be established by Lessee and submitted to Lessor from time to time. The
•
decisions and determinations of Lessee with respect to such hours of operation are within
the control and judgment of Lessee, and the approval of Lessor shall not be required.
However, during any hours of operation in which the Brazos Center itself is not regularly
scheduled for business, Lessee agrees to provide general supervision and authority for the
entire Brazos Center if requested to do so by the Center Director or the Lessor.
ARTICLE 16. GENERAL PROTECTIVE PROVISIONS
Force Majeure
16.01 It is expressly understood and agreed that if the construction of the building
provided for in Section 7.03 of this lease or the curing of any default other than failure to
pay rent, insurance premiums, or ad valorem taxes or the performance of any other
19
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covenant, agreement, obligation, or undertaking contained in this lease is delayed by reason
of war, civil commotion, act of God, governmental restrictions, regulations, or interference,
fire or other casualty, or any other circumstances beyond Lessee's control or beyond the
control of the party obligated or permitted under the terms of this lease to do or perform
the same, regardless or whether any such circumstance is similar to any of those
enumerated or not, each parry so delayed shall be excused from doing or performing the
same during the period of delay.
No Waiver
16.02 No waiver by either party of any default or breach of any covenant, condition,
or stipulation contained in this lease shall be treated as a waiver of any subsequent default
or breach of the same or any other covenant, condition, or stipulation of this lease.
ARTICLE 17. MISCELLANEOUS
Delivery of Rents and Notices
17.01 All rents or other sums, notices, demands, or requests from one party to
another may be personally delivered or sent by mail, certified or registered, postage
prepaid, to the addresses stated in this section and shall be deemed to have been given at
the time of personal delivery or at the time of mailing.
All payments, notices, demands, or requests from Lessee to Lessor shall be given
or mailed to Lessor at Brazos County Courthouse, 300 E. 26th Street, Bryan, Texas 77803,
or at such other address as requested by Lessor in writing.
All payments, notices, demands, or requests from Lessor to Lessee shall be given
4 or mailed to Lessee at 3232 Briarcrest Drive, Bryan, Texas 77802, or at such other address
i
as requested by Lessee in writing.
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Parties Bound
17.02 This agreement shall be binding upon and inure to the benefit of the parties
• to the lease and their respective successors, boards, commissioners courts and assigns.
Texas Law to Apply
17.03 This agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created by this lease are performable
in Brazos County, Texas.
Legal Construction
17.04 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, this invalidity,
illegality, or unenforceability shall not affect any other provision had never been contained
in the lease.
Prior Agreements Superseded
•
17.05 This agreement constitutes the sole and only agreement of the parties to the
lease and supersedes any prior understandings or written or oral agreements between the
parties respecting the subject matter of the lease.
Amendment
17.06 No amendment, modification, or alteration of the terms of this lease shall
be binding unless it is in writing, dated subsequent to the date of this lease, and duly
executed by the parties to this lease.
Rights and Remedies Cumulative
17.07 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
21
01
to use any or all other remedies. The rights and remedies provided in this lease are given
1
in addition to any other rights the parties may have by law, statute, ordinance, or other-
wise.
Attorney's Fees and Costs
17.08 14 as a result of a breach of this agreement by either party, the other party
employs an attorney or attorneys to enforce its rights under this lease, then the breaching
party agrees to pay the other party the reasonable attorney's fees and costs incurred to
enforce the lease.
11me of Essence
17.09 Time is of the essence of this agreement.
Further Documents
17.10 Lessor agrees that it will from time to time and at any reasonable time
execute and deliver to Lessee other and further instruments and assurances as Lessee may
reasonably request, approving, ratifying, and confirming this lease and the leasehold estate
! created by this lease and certifying that the lease is in full force and effect and that no
default under the lease on the part of the Lessee exists, except that if any default on the
part of Lessee does exist, Lessor shall specify in any such instrument each such default.
(The remainder of this page has been intentionally left blank.)
22
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THIS LEASE has been executed by the parties on the date and year first above
written.
BRAZOS COUNTY, TEXAS
ATTEST:
By: //z y
Judge . J. Holmgree
j BRAZOS VALLEY MUSEUM, INC., a Texas
ATTEST; non-profit corporation
By: aAL A~&k
Jo R. Stropp, Presid n
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I. ANIM
ALS - GEMERAL RULES
`
1.1
No venomous animals.
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1.2
All snakes should be housed in locked cages.
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1.3
Birds must not be maintained on a permanent basis; no birder will
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be free-flyinR; any cages being used will be cleaned doily.
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1.4
No large animals will be allowed. "Large" is defined as those
recliiiring more than 10 cubic feet of space in order to he
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properly maintained.
1.5
All live animals will be used for educational purpoties only.
i
No exotic animals will be permitted.
11. CONTA1NNEN'r AND MAINTENANCE
2.1
All animals will be kept in maximum sanitary conditions.
'
2.2
A rigid cleaning schedule will be maintained.
2.3
Feeding schedule will be followed.
'
2.4
All foods must he stored in tightly covered containers.
2.5
Nnn:hers of animals kept shall be permitted ns space allows.
2.6
Animals will be checked regularly (at least once per month)
anti un echedulte for parasites and diseases.
2.7 Any diseased animal will be treated, released or sacrificed.
111. 1 NVEN'1 oRY
An invciitory of animals including; a description of each will be kept
' tip to date and on file at tlee Brazos Center office.
y
3.1 Nit more than 30 vertebrate animals (excluding, fish and mice)
m+iv he kept on the premises tit one time.
} 3.2 Animals allowed include:
Fish (tit nquartums)
Sviakes under S feet in length (see 1.1 anti 1.2 above)
LIzarde
Frogs
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Mira (no more than 15 adults)
t Flying squirrels
Smell turtles under 6' in shall length
3.3 Animals prohibited include:
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Rabbits
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Recta
• ` Squirrels
4 Racoons
e Armndillos
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' Opossum
All other animals may he kept only by agreement hetweon the Nu»eum
Director and tilts (:enter Director.
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! BOARI PRESIDENT lII1:IsUl1 DiRF:l:7'(IR.,
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Form ED-135 (Rev. 4-83)
MC 600647
NOTICE OF COMMUNICATION LINE INSTALLATION
DATE 09-24-90
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GENERAL TELEPHONE COMPANY of the SOUTHWEST
will construct a communication line within the right-of-way of a County Road in
1RRA7ns County, gTFFPMnLL014. Tx as follows:
Beginning 1 mile Southeast of the intersection of FM 1179 and Steephollow Road,
we propose to place a buried line across Steephollow Road from the East R.O.W.
to the West R.O.W. At that point, we propose to place a buried line along,
parallel to, and 5' inside of the West R.O.W. a distance of 603' in a southerly
direction.
I
The location and description of this line and associated appurtenances is
more fully shown by two copies of drawings attached to this notice.
The line will be constructed and maintained on the County Road right-of-way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that tender of this notice by the General Telephone Company of the
Southwest does not constitute a waiver, surrender, abandonment or impairment of
any property rights, franchise, easement, license, authority, permission,
privilege or right now granted by law or may be granted in the future and any
provision or provisions so construed shall be null and void.
Construction of this line will begin on or after August 19 90
General Telephone Company of the Southwest
BY At., l'L~-
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Senior Engineer - OSP
ADDRESS P. 0. Box 3158
Bryan, Texas 77805
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E Form ED-135 (Rev. 4-83)
MC 600647
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NOTICE OF COMMUNICATION LINE INSTALLATION
DATE 10/02/90
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that GENERAL TELEPHONE COMPANY of the SOUTHWEST
will construct a communication line within the right-of-way of a County Road in
BRAZOS County, Bryan, TX as follows:
From the intersection of Linda & Ranchero Rd. going North on Ranchero Rd.
approximately two tenth of a mile. We propose to place a road bore with a
buried drop within the Right-of-Way of Ranchero Rd.
The location and description of this line and associated appurtenances is
more fully shown by two copies of drawings attached to this notice.
The line will be constructed and maintained on the County Road right-of-way in
accor,'ance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that tender of this notice by the General Telephone Company of the
Southwest does not constitute a waiver, surrender, abandonment or impairment of
any property rights, franchise, easement, license, authority, permission,
privilege or right now granted by law or may be granted in the future and any
provision or provisions so construed shall be null and void.
.
Construction of this line will begin on or after 10/02 19 90
General Telephone Company of the Southwest
BY &a",
Alan Colley
Senior Engineer
ADDRESS P. 0. Box 3158 QK ,V,s it/OTPD
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Bryan, TX 77805
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WORK OUTSIDE COUNTY RIGHTS-0F-HAYS
FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS
•
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Page 1 of 1
Owner
Address or Phone
Location of Work to Be Done
Description of Work to be Done
Date Agreement
Signed
rROKCIK,
2004 Northside Dr.,
South side of Grassbur Road
Permission to enter private property for
10/05/90
Frank
Bryan, Texas 11803
at intersection with Shady
the purpose of excavating outlet channel
+
Lane.
into private property approximately ten (10
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feet to allow water to drain from culverts
under Grassbur Road. Approximately thirty
(30) feet of fence will be removed and
replaced.
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