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Home My WebLink About1990-12-31-1000AM-Special°ti` PNO 90 01EC 2 I P+1 I?~ 26 T Y F ~ , Ctl I CLERK ..•.,~S BR.AZOS COUN CO 4fvr; < F YQ . BRYAN. TEXAS • • AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING i' s 1 t t R THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, DECEMBER 31, 1990, AT 10:00 A.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 budget amendments. 4. Consider and take action on lease agreement between College Station Independent School District and Brazos County. 5. Consider and take action on award of the following bids and authorize the payment thereof: (a) Furniture for Health Department and Minimum Security Jail Bid Request No. 576 (b) Investigator Vehicle for Sheriff's Department Bid Request No. 573 6. Acknowledge receipt of Treasurer's Report. 7. Consider and take action on personnel change of status. 8. Consider and take action on payment of claims. 9. Executive Session to discuss-personnel 6252-17(2)(g), and. litigation 6252-17(2)(e). 10. Consider and take action on Executive Session. 11. Adjourn. i ti VOL,PAGE -20G - J _ - - - - - - - - ' 1 I . F( ~V F~ f r i ~i 1 l i' h i c i• ! t. E- I • r-0 W ti COMMISSIONERS' COURT SPECIAL MEETING DECEMBER 31, 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 10:00 a.m. on Monday, December 31, 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 Bea Green Rosalie Todaro Cheryl Turney A. H. Winder Sandie Walker Ron Miller Mary Ann Ward Sarah Ryan George Boyett Randy Michel Executive Assistant Secretary to Commissioners Auditor's Office Auditor's Office County Engineer Treasurer Sheriff County Clerk Elect Co. Court at Law I Judge Elect Justice of the Peace Pct 7-1 Bruchez, Goss, Thornton Commissioner Sims gave the invocation and led the pledge of allegiance. The Court next considered Budget Amendment #24 to the 1990 budget, which would transfer funds budgeted for the Non- Departmental Department to Juvenile Services to pay for the county match of the Juvenile Placement Grant funds and to the Elections Department to cover the additional cost of the election. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the ,budget amendment as submitted, a copy of which is attached hereto. The Court next considered final approval of a lease agreement between Brazos County and the College Station Independent School District for rental of the College Station Independent School District "Old" Administration Building, 100 Anderson Street, College Station, Texas. The term of the voL~._PsaGF~ ■I ,rte . - . fir.-.'~:S'.i^.4 ~1t•..1^•T.~T~¢7.~t-~~-.-~~+--..-- ~ ~..~-~.~_-.-..-.~..--_~-•----^~~.~4-. I lease will be for one (1) year. The premises will be used for the conduct of Brazos County official business of the Justices of the Peace Precinct 7 places 1 and 2. On motion by Commissioner Sims, seconded by Commissioner Wilcox, the Court • voted unanimously to approve the lease agreement between the two for the period stated above. A copy of the lease agreement is attached. The Court next considered awarding the following bids: Bid No. 90-576 - Furniture for the Health Department and the Minimum Security Jail Qty. Item 1 5.1 Sec Desk W/Return 4 5.2 Sec Desk W/No Return. ' 6 5.3 Small Executive Desk 7 5.4 Executive Desk 1 5.5 wood Executive Desk 1 5.6 Bookcase 5 5.7 Side Chair W/Arms 8 5.8 Side chair W/O Arms 11 5.9 Executive Chair 2 5.10 Executive Chair 3 5.11 Stool 50 5.12 Stacking Chairs 20 5.13 Stack Chair W/Table 5 5.14 Stack Chair W/Table • 4 5.15 Shelf Unit 7 5.16 4 Drawer Lat. File 5 5.17 2 Drawer Legal File BIDDERS Engineering and Office Supply Rockford Offices Etc. Wilson Precision Phelps Cheryl Turney, Purchasing Agent, informed the Court that items 5.12, 5.13, and 5.14 were specifically for the Health Department. She then recommended accep- tance of the bid submitted by Engineering and Office Supply. On motion by Commis- sioner Sims, seconded by Commissioner Norton, the Court voted unanimously to accept the recommendation of the Pur- chasing Agent and award the contract to Engineering and Office Supply. A copy of the bid tabulation is attached hereto. Bid No. 573 - Investigator Vehicle for Sheriff's Department TOM LIGHT CHEVROLET • Chevrolet, Lumina Euro, 1990 $13,986.00 70 miles LAWRENCE MARSHALL CHEVROLET-OLDS Chevrolet Caprice, 1BL19, 1991 $14,599.61 18 miles VOL PAGE _20 -7 i~ I l Commissioners' Court meeting December 31, 1990 Cheryl Turney, Purchasing Agent, recommended acceptance of the bid submitted by the low bidder Tom Light Chevrolet. On motion by commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Tom Light. A copy of the bid tabulation is attached hereto. The Court received, approved and ordered filed as submitted the Treasurer's report for November 1990. A copy of which is attached to and made a part of these minutes. The Court proceeded to consider the change of status of the following employees. i i ,r M i i s'. r r NAME Matthews, Kristi Hawkins, Daniel Ofczarzak, M. McGee, Paul Arnold, Zula Langdon, Ellen DEPARTMENT Anti DWI Coord. Road & Bridge Tax Office Sheriff Office Narc. Task Force Narc. Task Force REASON Resignation Resignation Termination New Employee Step Increase Step Increase The County Judge mentioned that some of these changes were for the 1991 budget. Commissioner Sims asked about the Anti DWI Grant, whereupon the County Judge indicated it was over. He did say however that we might get another grant after the first of the year. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: L 10 20 21 22 30 40 41 43 54 60 61 70 90 91 94 95 97 General Fund---------------Claims 173742 thru 174127 Road & Bridge--------------Claims 174298 thru 174346 Boonville Cemetery---------Claims 174128 thru Road & Bridge II-----------Claims 174129 thru 174135 Capital Projects & Improvements: Proposition I--------Claims 174136 thru 174142 Law Library----------------Claims 174143 thru 174153 Court Master Grant---------Claims 174154 thru 174156 Oil & Gas Fund-------------Claims 174157 thru 174162 Health Department----------Claims 174183 thru 174208 Payroll--------------------Claims 174209 thru 174227 Health & Life Ins----------Claims 174228 thru 174238 Indigent Health Care-------Claims 174239 thru 174280 Community Services Off-----Claims 174281 thru 174283 Juvenile Comm. Grant-------Claims 174284 thru 174285 Victim Assistance Prog----- Claims 174286 thru 174287 Comm. Crime Prevention-----Claims 174288 thru 174289 Narc. Traf. Task Force-----Claims 174290 thru 174297 On line checks - 70275 through 70280 VO Pi GE 92~ i , Commissioners' Court meeting December 31, 1990 On motion by Commissioner Turner, seconded by Commis- ; sioner Norton, the Court voted unanimously to approve the i Claims as submitted. { ti At 10:15 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed executive session to discuss personnel as allowed under Section (6252-17(2)(g) Vernon's Texas Civil Statutes. At 11:14 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to authorize the request of the District Attorney. On motion by Commis- sioner Norton, seconded by Commissioner Sims the Court voted unanimously to authorize Sarah Ryan, Judge, County Court at Law II to hire two employees, one a Court Coordinator, at a group 9 step 3 position and a Secretary at a group 8 step 3 position and both with a six month increase. On motion by • Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the request of Phyllis Dozier, Director of the Brazos Center, to hire two grounds maintenance employees at a group 3 step 2 level but with no six month step increase. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court voted unanimously to approve the request of J. D. Langley, 85th District Court Judge, and to make the changes of three (3) employees effective January 1, 1991. Commissioner Sims moved to approve the request of Tommy Lyons, Justice of the Peace, Precinct 1 to hire a temporary clerk to work while the regular clerk is on maternity leave. Commissioner Wilcox seconded the motion. Commissioners Sims, Turner and Wilcox voted "Aye". Commissioner Norton voted "No". On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to authorize Holland Winder, County Engineer, to execute, on behalf of Brazos County, the interrogatories and request for production of documents filed in the law suit styled Glynora Hayes, VOL PAGE a'o~ I r~ { r. i Commissioners' Court meeting December 31, 1990 Individually and as Representative of the Estate of Michael i Hayes, Jr. Deceased vs. International Harvester Co., Alamo Group, Inc. and The County of Brazos County, Texas. This relates to the accidental death of Michael Hayes, Dean's it Temporaries Employee working in the Road and Bridge Department of Brazos County. ~j There being no further business to come before the Court, the meeting was adjourned. i , • •I VOL 7 u t • The foregoing minutes have been examined and approved in open Court this the • . day of QJuk 19?/ , in Bryan, Brazos County, Texas. &i_'F& ~ R. J. Holmgreen County Judge Walter-Wilcox Commissioner, Precinct 2 Milt n Turner Commissioner, Precinct 4 Gary Nor Commissi er, Precinct 1 Randy v s Comm sioner, Precinct 3 Mary A fn Ward County Clerk VO -PAGE- a-o _ I r~ i .f ~ i ' i r C i t BRAZOS COUNTY, TEXAS VO RG E O °f t BUDGET AMENDMENT(S) FOR THE 1990 BUDGET YEAR NO. 24 On this the 31st day of December 1990 at a special meeting of the Commissioners' Court, the following members were present: R. J. Holmgreen, County Judge, Presiding Gary Norton, Commissioner, Precinct 1; Walter Wilcox, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Milton Turner, Commissioner, Precinct 4; Frank Boriskie, County Clerk. The following proceedings were held: THAT WHEREAS, on December 31, 1990, the Court heard and approved a budget amendment for the 1990 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 22, 1989, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 31st day of December 1990 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: R. J. Holmgreen, County Judge Original: County Clerk's office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File i j F7 03 _:9 z 0 ID w I_ m n H. i tct O 't7 ID I•r 1 f7 1 (D a 0 0 o i n I 1 1 1 0 2• N N W 1 0 O W A N 1 1 1 I 1 V1 lJ7 un 1 N i N rn C► I A y N A A 1 =IO O N OD I ri >F >F. N z m ft K 11 to on o 0 n ~ ~ i ~ b' ty0 t;1 y03 1A)r i n It~ d O I O la-+ O w i W m m m i CA ~d c 1 G1 Q tGtqq~ i td H H H i . 1 an 1 A • A A. A I $d i (J1 111 t!1 I I 1p t0 ~O O O 1 to W O O O O O 1 [d O O O O O of j d I 1 n A 1 IJt 1 ~D d 1 1 Cb i 00 O O I o 0) mw to 5 0 1 f hA a 1~ I t I I w 0 1 a m a fY 11 F-A 1-d I-" i QN M tt 1 y I , • I \ l I i THE STATE OF TEXAS COUNTY OF BRAZOS $ 4 t f i~ 1 ti E { 1 LEASFd AGREEMENT That this Lease Agreement is made and entered into this 1st day of January, 1991, by and between COLLEGE STATION INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "Lessor", and BRAZOS COUNTY, hereinafter referred to as "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 from Lessor the premises situated in Brazos County, Texas, more particularly described and shown in Exhibit "A" attached hereto with such property hereinafter called the "leased premises". 1. TERM The term of this lease shall be one (1) year commencing on January 1, 1991, or as soon thereafter as commercially practical. Said lease shall end on December 31, 1991, or twelve (12) months after the date it commences unless sooner terminated as herein provided. Lessor agrees that Lessee shall have and is hereby granted three (3) successive option to extend the term of this lease for a period of one (1) year acli.vpouatfi~ expirmt~Qm cif;xlie ~n~ia1> terttt.atia.each,," ' tiding ott~,y.~aur;ealeade"ia Such extended term to begin respectively upon the expiration of the iiaamcdiatelj+',picceding term of this lease and all the terms, covenants and provisions of this lease shall apply to such extended term. Provided, however, that if at either date of expiration of the original term or the original term as extended, Lessee is in default beyond any grace period herein provided in the performance of any of the terms or provisions of this lease the option or options shall become null and. void. If Lessee shall elect to exercise the aforesaid option it shall do so by giving to Lessor notice in writing of its intention to do so not later than ninety (90) days prior to the expiration of the term of this lease or of this lease as extended. Lessee agrees to pay'the following rent for the three (3) options: OPTION #1: $1,000.00 per month OPTION #2: $1,000.00 per month OPTION #3: $1,000.00 per month II. RENT Lessee agrees to pay to Lessor without any prior demand therefor and without any deduction or setoff whatsoever""'"` except.`as px~v~dd..i A~rcle"`t<shexeo and as a fixed minimum rent the sum of $1,000.00 for the first twelve (12) months of the original lease term. Lessee will put up -0- as security deposit upon the execution of this agreement. Also at time of execution of this agreement Lessee will pay the first year's rent in advance.. ' III. • BUSINESS Lessee shall operate the leased premises for the use and purposes for which it is let, that being offices for the conduct of Brazos County official business. IV. CONSTRUCTION AND ACCEPTANCE OF PREMISES ILessor will provide to Lessee all property described in Exhibit "A" attached hereto. j Lessor shall on the commencement date of the term of this lease as hereinabove set forth, place Lessee in quiet possession of the leased premises and shall secure him in the quiet j possession thereof against all persons lawfully claiming the same during the entire lease term and any extensions thereof. V. MAINTENANCE AND SURRENDER I` Lessor shall at its expense and risk maintain the roof, foundation, plumbing, the structural soundness of the exterior walls, air conditioning and heating system, 95i OR systeiiatlieparkuig: azea:;i gruiics, and all other parts of the building and other improvements on the leased premises in good repair and condition. Lessee shall be responsible and keep in a good state of repair windows, window glass, plate glass, (66601 7ifi datuage may fM aused~by vaudZsa doors, fire protection, and the interior j of the building in general including the reasonable care of the entrance and exit of the ` premises. ee.,slul~;,ave ,lheneclusive: use: q the. paa lazig ,loth If within a reasonable time after Lessee gives notice to Lessor of repairs or maintenance which Lessor has a duty • to repair, if Lessor has not made such repairs, Lessee may repair the same itself and deduct j `~.^•roDtt. ~K'xvw`K ro+ttsv~nearo,rovw~the cost of repairs f rom future rent M p l ra-ESUtittl,P^'~ xepa~ rse`came.necessaryt 2 VOL k PAGE i - - - - ~e~. es~s ep ste itepas; Si or Lessee may vacate the premises in which case they shall be discharged from further performance under this lease agreement. Lessee shall throughout the lease term maintain the building and other improve. ments constituting the leased premises and keep them free from waste or nuisance, and shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tornado and other casualties excepted. VI. TAXES AND ASSESSMENTS so shall pay and fully discharge all taxes, special assessments and governmental 1 i a t charges assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes, special assessments and governmental charges for any and all personal property located- on the above premises. sse~ashal~;,)c.pasiti~e~aeria.~tb KM%tP\\ •!V~S•`•V\V •WA. \Vl: `CM•('•~tK.`vw~J•\~ . place .as 6d p r . • • . \M V\•V~•(.• fiall~.promp"'t '~^~M~+yO~ iassesse 'value:of~ ts:property, •-iap6 YiI i ~leemises and say as prop ty taxss.~er ed~agaiz st i ch pers~u liy;.ta.txie appXapxxat to uig..~iuibori' j4 Lessee shall have the privilege, before delinquency occurs, of protesting, contesting, objecting to, or opposing the legality or amount of any such taxes, assessments, license fees, or public charges to be paid by Lessee hereunder. If Lessee shall, in good faith, deem the same to be illegal or excessive, and in the event of any such contest, it may to the extent provided by law defer payment of any such tax, assessment, fee or charge so long as the legality or the amount thereof Is so contested in good faith; provided, however, that if at any time payment of the whole or any part thereof shall become necessary in order to prevent the termination, by sale or otherwise, of the right of redemption of any property affected thereby, or to prevent eviction of either Lessor or Lessee because of nonpayment thereof, Lessee shall pay the same in order to prevent such termination of the right of redemption or such eviction. Any such contest, whether before or after payment, may be made in the name of Lessor or Lessee, or both, as Lessee may determine, but if such contest is made by Lessee in the name of Lessor, then Lessor shall be notified thereof at least thirty (30) days prior to the commencement of the proceeding and Lessor shall cooperate, reasonably, in such contest. Any such contest shall be at the sole cost and 3 VOL--~-PldGE--,;-11 expense of Lessee. Each refund of any tax, assessment, fee or charge so contested shall be paid to Lessee. Lessor shall not, without the prior approval of Lessee, make or enter into or finally agree to any settlement, compromise or any disposition of any contest, or discontinue or withdraw any contest or accept any refund, other adjustment or credit of or from any such tax or assessment as a result of any contest. VII. UTILITIES . Lessee shall pay all utility'charges for electricity, heat, gas and water and power used in and about the leased premises. All such charges are to be paid by Lessee to the utility company or municipality furnishing the same before same shall become delinquent. VIII. INSURANCE Lessor shall during the term of this lease keep all buildings and structures on said premises insured against loss or damage from fire and casualty with extended coverage, of not less than the full fair insurable value thereof. Such policy or policies of insurance shall name Lessor as a named insured and shall provide that any loss shall be payable solely to Lessor, which sum Lessor shall use for repair and restoration purposes. Lessee, at its own expense, also shall provide and maintain in force during the term of this lease, liability and property damage insurance in the amount of ONE MILLION DOLLARS ($1,000,000.00) covering Lessor as well as Lessee with one or more responsible insurance companies duly authorized to transact business in Texas. Lessee shall furnish Lessor with certificates of all insurance required by this section. If Lessee does not maintain such insurance in full force and effect, Lessor may notify Lessee of such failure and if Lessee does not deliver to Lessor within fifteen (15) days after such notice certification showing all such insurance to be in full force and effect, Lessor may, at its option, take out the necessary insurance to comply with the provisions hereof and pay the premiums on the items specified in such notice, and Lessee covenants thereupon to reimburse and pay lessor any amount so paid or expended in the payment of the insurance premiums required hereby and specified in the notice, with interest thereon at the rate of twelve percent (12%) per annum from the date of such 0 payment by Lessor until repaid by Lessee. 4 VOL X, PAGE~_ w r 1 If the building or other improvements on the leased premises should be damaged or destroyed by fire, tornado or other casualty, Lessee shall give immediate written notice thereof to Lessor. (a) If the building on the leased premises should be totally destroyed by fire, tornado or other casualty, or if it should be so damaged that rebuilding or repairs cannot reasonably be completed within thirty (30) working days from the date of written notification by Lessee to Lessor 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 written notification. hulcl:such termiiiatiori acicAin the ffust yeariir the liasE:.tes ~e',nzrl~atMibe:.b~laace~nlMth~ Ier~.sa.Ie~uz~ted,shali be,;~ref~nded:to~t~e~I:~sseo~ (b) If the building or other improvements on the leased premises should be damaged by fire, tornado or other casualty, but not to such an extent that rebuilding or repairs cannot reasonably be completed within thirty (30) working days from the date of written notification by Lessee to Lessor of the occurrence of the damage, this lease shall not terminate, but Lessor shall rebuild or repair such building and other improvements to substantially the condition in which they existed prior to such damage. If the building and other improvements are to be rebuilt or repaired and are untenable in whole or in part following such damage, the rent payable hereunder during the period in which they are untenable shall be adjusted equitably. IX. ALTERATIONS, ADDITIONS AND IMPROVEMENTS Lessee shall have the right at all times to erect or install shelves, bins, machinery and trade 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, however, Lessee shall, prior to the termination of this lease, repair any damage caused by such removal. No alterations, additions or improvements shall be made by Lessee unless requested and approved in writing. Said alterations, additions, or improvements shall remain intact and become the property of Lessor, or property shall be restored to its original state. S VO PAGE -L4 9 I i 1' ~r X SIGNS Lessee shall have the right to erect signs on any portion of the leased premises, including, but not limited to, the exterior walls of the building subject to applicable laws and deed restrictions. Lessee shall remove all signs at the termination of this lease, and shall repair any damage and close any holes caused by removal., XI. INDEMNITY • c i 1 ~r F Y c 1. i f s• F Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense thereof arising from the conduct or management of Lessee's business in the leased premises or from any breach on the part of Lessee of any conditions of this lease, or from any act of negligence of Lessee, its agents, contractors, employees, subtenants, concession- aires or licensees in or about the leased premises. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, covenants to defend such action or proceeding by counsel acceptable to Lessor. Uisox grees to lidiffim- fy iii&hold har`mress. Lessee :o£ andafroiri-ali deiriands~ obliga`tioris; claiiris , , c.\, „ ,\,r ~ ,~~„m di ;~auses:aof 'actran,~suits~,atad:aajudgzne~ts.,`arts„the.,cost:.,p efex~ ~r g.:the. sarne,,,mcl u t \ r2, ~\"~N,b ♦ h •v, , ,,,,aa ,diavv„ „o \ xp\,,,~,\,t.,,n„ b v\^•\\ v, ,v , ,a.~an `,,r „ , vv vge16, a „q, ~ „ mv\ a , av,, a .any-l vvac a br, •YN teasona le,attorneyas.afees;,ansing,out:,ofaor alte ..ease•v„fr „onusstowd „H,a~v,,ywS~,,;w •..w. ,a, ~ m,+t,a„ ,v.,,v w,,,vv♦ as ,,,iv t,,,v,,,,v,vv a,,,, v , , v, v,v v v vv ,~v , v ,a„ .wv v vva , v , „v„\ v ~„vv~,\,,, M vp, i\1~ „`,,,vv q.M oxwLessors ageztts,Hsenr ts, employees►,:irtvttees.aor,wotltor.,persons, in. tso6ii ~y~,ny,,.i, w„nv „~,a r~,a,,., a,,,r „,x.,,v,,.w, ,y,••n~,.,, n„,, ,.r , ,a „ , , „wa, iyn,,,jd„,rpr, ••n.tow;e}per,so r,,,,•~,~Cu>w• cape ",within, Lessor snsuperv~ston„and, control;';w~ich.>cause`s,ris~an~o a ,vQy„Cp r.\ a,v+n,,,,C„w,v.f„Nrm),w v.,,v,n~,a.,,wv, ,a.. v v ,,,aa„ a ,\y„v,,,,agq,a,v,........... ,2 zc~petxyr datz ge occur~tang idDWI eased premisea during. the Urm ahered XI I. DEFAULT r,. , w< If Lessee shall allow the rent to be in arrears more than thirty''tM) days after written notice of such delinquency, or shall remain in default under any other conditions of this lease tii not>scominence tQ cuie"suti,default for a period of LEtirty,(3O) days after written notice from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of receivership bankruptcy proceedings,or other operation of law in any manner whatsoever, Lessor may at its option, without notice to Lessee, terminate this lease, or in the alternative, Lessor may re-enter and take possession 6 V0L OAGE2-1 remove all persons and property therefrom, without bring deemed guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor be unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. T All rights and remedies of Lessor under this lease shall be cumulative, and none shall exclude any other right or remedy at law. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. XIII. ASSIGNMENT AND SUBLEASE Lessee shall not have the right to assign this lease, and any interest therein, or to sublet the leased premises, or any part thereof, or any right or privilege thereto, "tS M ea pnaa~Mwratten cons~n af,;Ge`ssoac: XIV. USE FOR INTENDED PURPOSES j Should Lessee not be allowed by any governmental agency to use the leased premises for its intended purposes without alterations to the building, f essee at its option may declare this lease null and void and demand that the security deposit be returned. i XV. CONDEMNATION { If during the term of this lease or any extension or renewal thereof, all of the leased premises should be taken for any public or quasi-public use under any governmental law, ordinance or regulation, or by right of eminent domain, or should be sold to the i , condemning authority under threat of condemnation, this lease shall terminate and the rent shall be abated during the unexpired portion of this lease, effective as of the date of the taking,of said premises by the condemning authority. filiulc>.su~ki tal;inig.occur.ut.te"trs! etu the,,Xease„rierm,.,x ssar:..s all.:refund •ta„Lessee. rent or.1 a, remaindez ,o 7 ' V0L PAGE 1 ` If less than all of the lease premises shall be taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, Lessor may terminate the lease, or at Lessor's option restore the leased premises to a useable and tenable state for which the premises are leased. The rent payable hereunder during the unexpired portion of this lease shall be adjusted equitably., XVI. NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by certified mail registered mail, addressed to the proper party at the following addresses: Lessor. College Station Independent School District 1812 Welsh Street College Station, Texas 77840 Lessee: Brazos County 300 East Twenty-sixth Bryan, Texas 77803 Copy to: The Honorable George Boyett 100 Anderson College Station, Texas 77840 XVII. TERMINATION :essee,inay terminate this Pease and.Lessee,s obliganoas.hereunder..at.nny-diEbjt YC'1,..i.C,~,R"v`. .,,w„,~„~, , v.,ya..,,.w,.,.~,. ~„v •aen,.u,•~ •n v\ ~.w •~r ~•n~,jN~.p~. gtvuig~wrlttea.nattce.ta. ~or,at aeast suety, (GQ)days'.~n.a~vunca.a a e..date_ sseeatnxakt `eeV`w~,,,n„~s.~,~ro~vak,, •v.., ..\w„\..;,....,...,,=..w...~... baker to...:S~iould:sucli,fermtnation: e:inyear;one oUase:ferm,, ssor:s~i' :xa wen,n~ h..yr••v.. ~v;m`..w.vo,`m~y \.o`C .~...,.,~...n.,... „ yx~nt~.pa~d: £ox. tt~euttexp~red:poXitari• of .~he~ ease, XVIII. TEXAS LAW TO APPLY 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. XIX. TIME OF ESSENCE Time is of the essence of this agreement. • r 8 ■r vOL__X_P AGE2/Z j. ;I )OL PARTIES BOUND This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this agreement. M. t . LEGAL CONSTRUCTION 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 unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XXII. PRIOR AGREEMENTS SUPERSEDED 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 within subject matter. XXIII. AMENDMENT 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. XXIV. RIGHTS AND REMEDIES CUMULATIVE 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. 9 VOL PAGE -2 1Z 1 -11~ n, f i. u '1NI~T i ti r r XXV. WAIVER OF DEFAULT 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 a waiver of any other breach of the same or any other term, condition or covenant contained herein. a'XVI. ATTORNEY'S FEES 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. XXVII. FORCE MMEURE Neither Lessor nor Lessee shall be required to perform any term, condition or • covenant in this lease so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. XXVIII. MISCELLANEOUS If alteration to the premises occurs as a result of the currently existing Agreement between the College Station Independent School District and the City of College Station relating to Anderson Street surface improvements and signal improvements at the intersection of Anderson and Bush Streets which would render the premises not suitable for the intended purpose, Lessor may, but shall not be obligated to, restore the premises to a condition wherein the intended use can be reasonably conducted, if the premises cannot be restored, Lessee may terminate lease. • 10 • 'S6'~P•~7YIRil~ri - ' - k IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this ` agreement as of the date and year first above written. COLLEGE STATION INDEPENDENT SCHOOL DISTRICT .III ~ ' By' f FII ( i I 1 Title: T Sc~Pj BRAZOS COUNTY k` q , , I By: Title: QUdT •_:14 DA! i I } I f k I ' { ■ li VO PAG E 222 r 4 t • EXHIBIT "A" RE70(07)/l:rde vOL 9 AGI= ! f I, v l i I I' ' I NOYBIUIFR 1990 TRBISORHR'S REPORT YUND SAM FOND BALAM in 11 mI TOTAL DISBURSED POND BALANCE INVESTED BAL.IN ACCT. 10/31/90 11/30/90 11/30/90 ON= FUND 4,228,621.91 1,488,576.77 5,717,198.68 976,591.33 4,740,607.35 4,330,000.00 510,607.35 ROM 6 BRIDGE OEM M 1,064,552.09 61,789.49 1,126,341.58 164,578.10 961,763.48 875,000.00 86,763.48 BOONV= CEEMY .16,462.73 76.05 16,538.78 349.70 16,189.08 0.00 16,189.08 ROAD i BRIDGE 12 638,455.94 3,928.42 642,384.36 1,939.28 640,445.08 625,000.00 15,445.08 C.O. FUNDS 1,443,576.59 7,267.40 1,450,843.99 12,139.86 1,438,704.13 1,368,000.00 70,704.13 C.O.DEBT SERVICE 520,701.34 8,433.84 529,135.18 342,698.75 186,436.43 182,000.00 4,436.43 PERN.IMPV.DEBT SVC. 612,476.06 6,975.71 619,451.77 0.00 619,451.77 612,400.00 7,051.77 ROAD 3 BRIDGE DEBT SVC. 163,231.03 92.44 163,323.47 0.00 163,323.47 163,200.00 123.47 CAPITAL PROJECTS 1,253,7%.56 1 ~ 7,729.08 1,261,525.64 1,550.49 1,259,975.15 1,205,000.00 54,975.15 STATE LATERAL ROAD 247,449.13 2,034.62 249,483.75 0.00 249,483.75 249,400.00 83.75 LAW LIBRARY 28,%4.52 1,280.38 30,244.90 478.60 29,766.30 20,000.00 9,766.30 OIL S OAS FUND 439,335.70 7,031.12 446,366.82 61,876.45 384,490.37 0.00 384,490.37 OlOMS CRI1M CONTROL 271.15 15,503.25 15,780.40 177.15 15,603.25 0.00 15,603.25 APPELLATE JUDICIAL SYST. 7,434.23 659.87 8,094.10 0.00 8,094.10 0.00 8,094.10 HEALTH DEPARTFD;M' 17,779.21 60,669.92 78,449.13 42,667.30 35,781.83 0.00 35,781.83 POSTER CARE FUND 60,285.41 29,903.98 90,189.39 26,271.15 63,918.24 0.00 63,918.24 HEALTH 6 LIFE INSURANCE 316,439.03 91,984.66 408,423.69 105,39241 303,031.18 0.00 303,031.18 INDIGENT HEALTH CARE 108,013.46 492.97 108,506.45 9,928.67 98,577.78 0.00 98,577.78 TOTAL 11,167,852.11 1,794,429.97 12,962,282.08 1,746,639.34 11,215,642.74 9,530,000.00 1,685,642.74 r~