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HomeMy WebLinkAbout2004-11-09-9:00AM-Regular-4 ) BRAZOS COUNTY NOV - c: P 2: 2 1 AN CLERK BRYAN, TEXAS TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE CO MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSIO ON 9 NOVEMBER 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURT OM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE I , BRYAN, TEXAS. 1. Intocation and Pledge of Allegiance - Commissioner Caldwell 2. C,1j for citizen's input and/or concerns. Consider Rd take action on agenda items 3 - 26: i 3. Re c uest by the 272d District Court for permission to award merit pay increases with an e tive date of 4 December 2004. 4. R uest by the 361St District Court for permission to award merit pay increases with an of tive date of 1 January 2005. 5. B get Amendment 03/04-53.1 thru 03/04-53.7. 6. B get Amendment 04/05-6.1 thru 04/05-6.4. 7. Pe onnel Change of Status. 8. Pa ent of Claims. 9. A troval of a Sungard Pentamation Professional Service Work Order for one trainer to pr ide three (3) days of training in November for the Cognos program. 10. R est by Information Technology for permission to renew the software agreement with Software Group (TSG) for Universe database licenses for FY 2005. VOL b~ PAGE Commissioners Court Agenda 9 November 2004 Page 2 11. uest by Information Technology for approval to renew the West Group CD-ROM Mary yearly subscription service for FY 2005 12. C tract between Brazos County and Jacqueline A. Cryan for the purchase of 9.88 acres a ng Highway 21to be used as the site for the new Sheriff's Administration Building. 13. Change FY 05-01 to the Title IV-E Legal Services contract between Brazos County the Texas Department of Family and Protective Services, effective 9/01/2004. 14. Eftension of Run-out Claims Processing by Employee Benefit Services (EBS). 15. R iewal of Stop Loss coverage with AIG Life Insurance Co., effective 1 November 16. Citrections as necessary regarding Reemployed Persons who serve in the uniformed n-Mitary services. 17. T* Resale Deed in the amount of $3,740.00 to be paid by Joe Marino. 18. T* Resale Deed in the amount of $3,640.00 to be paid by Joe Marino. 19. T Refund Applications for the following: a. Roy C. & Suanne D. Pledger b. Jesse Waldon 20.40cussion and possible action concerning the Incorporated status of Millican. 21. west by Purchasing for permission to advertise RFQ 2005-004, Architect for Justice o he Peace, Precinct 3 and Constable, Precinct 3 offices and courtroom building. 22. Zoval of the committee to select an architect for the Justice of the Peace, Precinct 3 onstable, Precinct 3 offices and courtroom building. 23. uest by Purchasing for approval of a blanket maintenance agreement with Ikon for c iers not covered by state= contract agreements for the period 10/01/2004 through 9 0/2005. 24. eptance of the Security Audit Selection Committee's recommendation of Aporia aU t ions as the company to perform the security audit of the Information Technology artment, and approval of the Statement of Work. 25. uest by Road & Bridge for permission to enter Tom or Jo Ann Truss' property located off Scasta Lane at its intersection with Grassbur Road for the purpose of clearing approximate 50 ft. x 50 ft. area of brush and low hanging limbs to improve site d ance for the health, safety and welfare of the general public. Site is located in Precinct 2. VOL 63 PAGE 17 4 Commissioners Court Agenda 9 November 2004 Page 3 26. R 3 for United Telephone Company of Texas to relocate 474 feet of parallel cable ons to the new right of way of Sulphur Springs Road. Site is located in Precinct 27. Aowledgement of the proposed amended and restated agreement for development and t abatement in reinvestment zone #17 between the City of Bryan and Premier Cinema 28. A owledgement of the County Treasurer's Investment Report for the quarter ending 29. ouncement of interest items and possible future agenda topics. 30. C 1 for citizen input and/or concerns. 31. A ncy / Board / Committee reports by Court members. 32. A ourn The Brazos ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive ices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL b3 PAGE ) r7S COMMISSIONERS' COURT Cd REGULAR MEETING NOVEMBER 9, 2004 A regular meeting of the Commissioners' Court of Brazos nty, Texas was held in the Brazos County Commissioners rtroom in the Courthouse in Bryan, Brazos County, Texas, inning at 9:00 a.m. on Tuesday, November 9, 2004 with the fcjlowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. j The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Caldwell gave the invocation and led the pA4dge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a request by the 27 nd District Court for permission to award merit pay i reases with an effective date of December 4, 2004. The C my Judge moved to approve. Commissioner Caldwell seconded t motion. The County Judge voted "Aye". Commissioners t i C dwell, Peters, Mallard and Cauley voted no. The motion f Commissioner Peters explained why he voted against L & 3 PAGE 174 Co issioners Court meeting November 9, 2004 2 t request saying there were rules for the merit increases. I the employees' I pay is less than what it should be, then t s needs to be addressed at budget time. The rules should n be changed mid-stream. Commissioner Mallard agreed that d' parity should be addressed at budget time. The Court next considered a request by the 361St District i C rt for permission to award merit pay increases with an e ective date of January 1, 2005. The County Judge moved to i a rove the request. The motion died for lack of a second. C issioner Cauley said that he didn't want employees to miss 0 on merit increases and would like to make a motion to adtrove within the date requirement. He will address it when adtnda item number 7 is considered. The Court next considered Budget Amendment #03/04-53.1 t ough 53.7, that would transfer funds from Contingency to v#ious departments; reallocate funds for Justice of the P ce, Precinct 3, County Clerk Elections, and Constable, P cinct 1; transfer funds from Road and Bridge Contingency to t Road and Bridge Department; record revenues for title IV- E, and increase revenue for Health and Life Fund. On motion by i C issioner Cauley, seconded by Commissioner Peters, the a C rt voted unanimously to approve the budget amendment as s mitted, a copy of which is attached. L i 3 PAGE 1`0 ioners Court meeting November 9, 2004 3 The Court next considered Budget Amendment #04/05-6.1 through 6.4, that would reallocate funds for the Tax Assessor cfflector and various departments; transfer funds from the C I rim Gun Prosecution Grant to District Attorney- A inistration; and reclassify the TDT-CUDEP Grant budget. On m ion by Commissioner Cauley, seconded by Commissioner PE, ers, the Court voted unanimously to approve the budget ndment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of loyees as submitted on the attached Personnel Action R uests. On motion by Commissioner Peters, seconded by I C issioner Cauley, the Court voted unanimously to approve t changes with the exception of those submitted by the 272nd anc~ 361St District Courts. Those will be considered at the next C issioners Court meeting. I The Court next considered the following Claims as s mitted by the County Treasurer for payment: I i 7000963 through 7001166 I Travel Advances 7000706-7000750 motion by Commissioner Mallard, seconded by Commissioner ley, the Court voted unanimously to approve the Claims as submitted. L (03 PAGE I' S Co issioners Court meeting November 9, 2004 4 The next matter before the Court was the approval of a i S gard Pentamation Professional Service Work Order for one t finer to provide three (3) days of training in November for i t Cognos program. On motion by Commissioner Cauley, i SE onded by Commissioner Caldwell, the Court voted unanimously t approve the Work Order in the amount of $3,600.00. I The Court next considered the renewal of a Software A eement with The Software Group (TSG) for Universe Database L' enses for FY 2005. Cost of the software maintenance for 1 users licenses is $13,613.50. On motion by Commissioner C ley, seconded by Commissioner Caldwell, the Court voted u nimously to approve the renewal of a Software Agreement w'Ih The Software Group (TSG) for Universe Database Licenses f FY 2005. The next matter before the Court was the renewal of the W t Group CD-ROM Law Library yearly subscription service for I f' cal year 2005. Cost of the service is $15,078.00. On I motion by Commissioner Cauley, seconded by Commissioner M lard, the Court voted unanimously to approve the renewal. The next matter before the Court was approval of a c tract between Brazos County and Jacqueline A. Cryan for the p chase of 9.88 acres along Highway 21. This property will b] used as the site for the new Sheriff's Administration L (03 PAGE 179 Co issioners Court meeting November 9, 2004 5 Building. On motion by Commissioner Peters, seconded by C issioner Caldwell, the Court voted unanimously to approve i t contract between Brazos County and Jacqueline A. Cryan for I t purchase of 9.88 acres along Highway 21 in the amount of i $ 5,000.00 subject to the contract being approved by Bill B lard, counsel for the Commissioners Court. A copy of the tract is attached. The next matter before the Court was consideration of PJ+n Change FY 05-01 to the Title IV-E Legal Services contract b~fween Brazos County and the Texas Department of Family and P tective Services, effective September 1, 2004. the plan c nge is merely to incorporate the Title IV-E Legal Services i C t Allocation Plan and Budget for FY 05. On motion by C issioner Cauley, seconded by Commissioner Peters, the C rt voted unanimously to approve the Plan Change FY 05-01 to t Title IV-E Legal Services contract between Brazos County arj the Texas Department of Family and Protective Services e ective September 1, 2004. A copy is attached. The Court next considered the extension of Run-out P cessing Terms. Employee Benefit Services, the former e loyee health care provider, will process any additional r -off claims received through November 30, 2004 at a charge oJJI$20 per claim. On motion by Commissioner Mallard, seconded L (~3 PAGE 1 ga Co issioners Court meeting November 9, 2004 6 b Commissioner Caldwell, the Court voted unanimously to alltrove the extension. The next matter before the Court was the renewal of Stop L s Coverage with AIG Life Insurance Company, Effective N ember 1, 2004. On motion by Commissioner Cauley, seconded bjjl Commissioner Mallard, the Court voted unanimously to a rove the renewal of Stop Loss Coverage with AIG Life I urance Company, Effective November 1, 2004. The Court next considered corrections as necessary r arding the re-employment of persons who serve in the I u formed military services. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously i t (correct an administrative error concerning a two-step merit i rease for an employee who returned from active military d !y in June, 2004. This action puts the County back in c pliance with the U.S.Department of Labor, Title 38, Chapter 4 Employment and Reemployment Rights of Members of the U formed Services, Subchapter II; Section 4312, Reemployment r' hts of persons who serve in the uniformed services and s tion 4313, Reemployment positions. On motion by Commissioner Peters, seconded by I C issioner Mallard, the Court voted unanimously to authorize tjq County Judge to execute a Tax Resale Deed to the following L (o S PAGE 18( Co issioners Court meeting November 9, 2004 i ividual: 7 Joe Marino - Lot 21, Block C, Starlight, City of Bryan, Brazos County, Texas. On motion by Commissioner Peters, seconded by C issioner Cauley, the Court voted unanimously to authorize t County Judge to execute a Tax Resale Deed to the following i ILvidual: Joe Marino - Brogdon Subdivison of House, Lot Tract Adjacent to Lot H, City of Bryan, Brazos County, Texas. The next matter for consideration was approval of tax r and applications from the following individuals and/or c panies: i a) Ray C. & Suanne D. Pledger, Over Payment $56.19 i b) Jesse Waldon, Over Payment $122.21 i 0 motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to approve the tax refund a lications. i The Court next considered the incorporated status of I M' lican, Texas. Commissioner Caldwell asked Patricia M +onoff, Legal Counsel, to relate the information she d' covered during her research into this issue. First of all, a v +ating and re-plat of a property in the town site of Millican w submitted to the County Road and Bridge Department. If M' lican is an incorporated municipality, Mrs. Meronoff asked, L ~ 3 PAGE 1 ~ a issioners Court meeting November 9, 2004 g ntenance? Shouldn't Millican be treated like Wixon Valley a Kurten? She went on to say that the issue seems to be the s tus of Millican. It was incorporated by vote in 1866 and I t In by the Legislature in 1871. Nowhere in the Commissioners i C rt records is there any indication that the city was i d' solved. Simply not acting like a city does not dissolve it. M' lican either needs to reactivate as a city or go through the p cess to dissolve. They have hired Mr. Denton to help them d ide the process. She then addressed the three questions t hit were posed to her. Does the County have the authority to a rove subdivision plats within the city limits. No. There is n Illaw giving the County authority to go into another city's i l' its and approve a plat. Millican fits into a Type "B" g eral law municipality that is based on population and area w se boundary lines are obscure. Commissioner Caldwell has a eady informed the Road and Bridge Department they need to I d line approval of the re-plat and would like to see the Court o icially decline. Charlie Robertson, resident of Millican, asked to speak to t Court concerning reactivating the city. He had concerns a ut fire service, EMS services, EPA regulations, water and s er service, police protection, elections and the tax base. i 0 Ithe other hand if they were to dissolve the town, there L 3 PAGE 1 g a missioners Court meeting November 9, 2004 9 ld be the concern of where to get the money for an election who would oversee it. He requested that the court meet wAth the Millican residents to discuss the issues. He then a~ted the Court to table consideration for 180 days. The County Judge said that the Court would have to decline sideration of the re-plat and that from this point forth w re limited by state statute what we can and can not do i ;ide the city limits. Commissioner Caldwell asked how much responsibility does B14zos County have in determining the boundaries because this did*ectly affects road maintenance. Commissioner Cauley voiced concern over ending 100 years olliservice to the citizens of Millican even thought the County all along that the town was incorporated. Charlie Robertson thanked Commissioner Caldwell for all t time he spent on this subject. I Mandy Williams, Road and Bridge Department, pointed out i t t the Health Department would also require an agreement for s vice just like the one in effect in Wixon Valley. The County Judge asked Patricia Meronoff how much time the c my had before it had to drop service to Millican. Mrs. Me knoff replied that she didn't think the county had to worry a ut the Texas Commission on Environmental Quality causing L 3 PAGE 194 Co issioners Court meeting November 9, 2004 I p blems or filing suit. 10 Commissioner Caldwell asked about law enforcement. P# ri.cia Meronoff said the Sheriff could uphold the laws inside city limits. Mrs. Meronoff pointed out that eventually, if y are incorporated, they will be responsible for all of se services or entering into agreement for these services. motion by Commissioner Caldwell, seconded by Commissioner ers and Mallard, the Court voted unanimously to instruct the Rj*d and Bridge Department to decline action on the re-plat of MAIlican. Then on motion by the County Judge, seconded by C issioner Caldwell, the Court voted unanimously to give the C'' y of Millican a 180 day sabbatical in which road work would c tinue, and appoint Commissioner Eric Caldwell and the County ge to serve on a committee along with Charlie Robertson to h~jp the citizens decide the future of the city. Commissioner Caldwell asked Mrs. Meronoff to draft a letter on the b ndaries and to invite all to the community center for a m ting. Mrs. Meronoff said she could not find a law that s tes the County can pay for an election within the city. S to law says that the city is responsible if the election is h d inside the city. i Commissioner Cauley suggested getting an Attorney Ggteral's opinion. L 3 PAGE 1 E` 5 ;ioners Court meeting November 9, 2004 11 Commissioner Caldwell said that according to Artical 990, h thought the county could pay for the election. Mrs. lonoff M said she would look into it. Commissioner Caldwell repeated that exact boundaries may aA4o be necessary in order to know. The County Engineer asked if the Road and Bridge i I D artment should continue road maintenance during the 180 d s. The County Judge replied yes. Mrs. Meronoff said she w ld not do much to Kathy Fleming Road or would do work with t understanding that we may ask for reimbursement. It could expensive. The next matter for consideration was approval for the P chasing Agent to advertise RFQ 2005-004, Architect for J :tice of the Peace, Precinct 3 and Constable, Precinct 3 o ices and courtroom building. On motion by Commissioner M lard, seconded by Commissioner Cauley, the Court voted nimously to authorize the Purchasing Agent to advertise for RflQ's for an architect. The Court next considered approval of a committee to select an architect for the Justice of the Peace, Precinct 3 an# Constable, Precinct 3. On motion by the County Judge, s onded by Commissioner Mallard, the Court voted unanimously t japprove the formation of a committee to select an architect L &3 PAGE / 86 Co issioners Court meeting November 9, 2004 12 f the Justice of the Peace, Precinct 3 and Constable, P cinct 3 and to appoint the following individuals to serve on tHt committee: Commissioner Kenny Mallard, Chairman Commissioner Duane Peters Justice of the Peace, Precinct 3, George Boyett Constable, Precinct 3, Wayne Thompson Purchasing Agent, Pat Howard (non voting) The next matter before the Court was consideration of a b nket maintenance agreement with Ikon for copiers not covered b state contract agreements. Total cost of the agreement is $ ,511.72. On motion by Commissioner Cauley, seconded by C issioner Peters, the Court voted unanimously to approve the b nket maintenance agreement with Ikon for copiers not covered b estate contract agreements. A copy is attached. i The Court next considered acceptance of the Security Audit Se~jection Committee's recommendation. The committee recommends Airia Solutions. On motion by Commissioner Cauley, seconded b Commissioner Caldwell, the Court voted unanimously to accept thud recommendation of the committee. The Court next considered authorizing work outside of c nty rights-of-way for the health, safety and welfare of t general public. The Road and Bridge Department requested p mission to enter the private property of Tom or Jo Ann I T ss on Scasta Lane in Precinct 2 to clear an area of L 0 PAGE 187 Co missioners Court meeting November 9, 2004 13 a roximately 50 ft x 50 ft of brush and low hanging limbs to i i rove site distance. On motion by Commissioner Peters, I SE onded by Commissioner Cauley, the Court voted unanimously i t authorize the work. i i The Court next considered the request from United I T ephone Company of Texas to relocate 474 feet of parallel cal )le installations to the new right-of-way of Sulphur S ings Road. The site is located in Precinct 3. The County E ineer stated that all appeared to be in order and I r ommended approval. On motion by Commissioner Mallard, i seconded by Commissioner Peters, the Court voted unanimously t approve the request from United Telephone Company of Texas i i a authorized the installation. A copy of the request is attached hereto. The Court next acknowledged receipt of the proposed a nded and restated agreement for development and tax a tement in reinvestment zone #17 between the City of Bryan I a Premier Cinema Corporation. The Court acknowledged receipt of the Treasurer's I i I estment Report for the quarter ending September 30, 2004. copy of which is attached to and made a part of these I minutes. L 3 PAGE 1kS oners Court meeting November 9, 2004 14 Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Asked the Court members to give some thought to the replacement of Walter Wilcox on the Board of the Big 8 RC&D. b) Reminded everyone of the Chamber of Commerce banquet this evening Sheriff a) Apologized for not being present for the vote earlier on the Cryan property but thanked the Court. He is very excited about the Administration building. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court ers. There being no further business to come before the Court, t~ meeting was adjourned. L ~ 3 PAGE to T foregoing minutes of the Commissioners Court meeting held N ember 9, 2004 have been examined and are approved in open C rt this the 22n,. day of 2005, in Bryan, B zos County, Texas. R dy SA s C nt Judge D ne Peters C issioner, Precinct 2 C riss y Caley, Jr. C . ner, Precinc 4 A-d test : '~&c K en McQueen C my Clerk L PAGE qn Lloyd 'Wasserman Commissioner, Precinct 1 Kenny Mall d Commissions, Precin 3 B RAZO I MEETIN f Name COUNTY COMMISSIONERS COURT ON p ' 204AT O Organization/Department O/A ~"P ~O -S -d-j J S jr2 S VOL ~3 PAGE) I G C BRAZO MEETING I i COUNTY COMMISSIONERS COURT ON 9, 204 AT q.'000 Name Organization/Department AA4 40,ze& 0 l r .5 ~w ~+c1- ~c C- 4~11 y✓ rS~ t VOL &3 PAGE af ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-53.1 thru 03/04-53.7 members + The s the 9th day of November 2004 at a regular meeting of the Commissioners' Court, the following present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk g proceedings were held: ►T WHEREAS, on 9 November 2004 the Court heard and approved a budget amendment for the udget year for Brazos County, Texas. REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions hich could not be reasonably included in the original budget adopted 12 September 2003 the following endment(s) to the original are hereby authorized, as described on the attached page(s). A ~OPTED AND APPROVED this the 9th day of November 2004. THE COWUSSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes V©L= AGE )q3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.1 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 120001 516100 DR Hourly - Staff 954.00 01 120001 533000 DR Employee Health Insurance 417 00 01 150001 1 533000 DR Employee Health Insurance . 555.00 01 150001 516100 CR Hourly - Staff 555 00 01 165001 533000 DR Employee Health Insurance 26.00 . 01 165001 516100 CR Hourly - Staff 26 00 01 200100 516100 DR Hourly - Staff 428.00 . 01 200100 533000 DR Employee Health Insurance 271.00 01 200001 516100 CR Hourly - Staff 699 00 01 221001 516100 DR Hourly - Staff 1,403.00 . 01 221001 531000 CR Social Security 82 00 01 231001 516100 DR Hourl - Staff 1,129.00 . 01 231001 531000 CR Social Security 4:: 848 00 01 241011 516100 DR Hourly - Staff 55 33.00 . 01 241011 533000 CR Employee Health Insurance - vacancies 533 00 01 242011 516100 DR Hourly - Staff 676.00 . 01 242011 533000 CR Employee Health Insurance - vacancies 676 00 01 243011 516100 DR Hourly - Staff 716.00 . 01 243011 533000 DR Employee Health Insurance 524.00 01 244011 33000 DR Employee Health Insurance 308.00 01 244011 16100 CR Hourly - Staff 308 00 01 302011 16150 DR Hourly - Law Enforcement 1,036.00 . 01 302011 31000 CR Social Security 459 00 01 306001 18100 DR Longevity 8.00 . 01 306001 33000 DR Employee Health Insurance 72.00 01 310003 16100 DR Hourly - Staff 17 882.00 01 310001 16100 1 CR Hourly - Staff 17 882.00 01 100020 12000 DR Sala Dept Heads 83.00 , 01 100020 38000 CR Worker's Compensation 15 00 01 110015 11300 CR Contingency . 4,938.00 27,021.00 27,021.00 Various De tments - Budget overun due to accrual of 26.2 payrolls for the 03-04 fiscal year. All departments are budgeted at payrolls per fiscal year and larger departments have vacancies that prevent them from going over bud Smaller de pa ents that do not have vacant p ositions during the year may o over budget b 20% of one payroll. Employee H lth Insurance overages are due to changing the "third" a in October 2003 from the last payday of October to th first payday thereby p utting the expense for 25 payrolls in 03-04 and only 23 payrolls in 02-03. Additionally, ontin ency funds were only used for departments that did not have enough in the salary and wages or benefits cl sification to cover the overrun I;-cpar ed By lcdc Approved By: Date: 1/3/2004 Date: DG ~ VOL 63 PAGE 04 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.2 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 243011 711190 DR Janitorial Services 127.00 01 243011 616800 CR Training 127.00 I 11gustice of the Peace Pct. 3 - Overrun of janitorial services due to quotations received after Prep, red By: ~ kdc Approved By: Date: 1/2/2004 Daie://-3,0~ VOL 63 PAGE I q 01 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.3 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 210020 527020 DR Equipment Tabulators 382.00 01 210020 602800 CR Election Su lies 275.00 01 210020 610100 CR Advertising - Legal Notices 107.00 ounty Clerk Elections - To rea llocate funds to cover the equipment tabulators. i i I I I Preimred By- llatc: kdc 1/2/2001 AI)proved Bye Date: 1l-,'-Q j i i VOL PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.5 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease P01, 30101111 -7150601 1 CR Rental - Office S ace 361.00 301011 653500 DR Gasoline 361.00 Constable ecinct 1-Clark To realloca funds to cover the cost of gasoline for the remainder of the fiscal year. Prepared 13~': Apprm'ed By°: Date: 111/4/2004, Date: VOL 63 PAGE 07 Ii i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.4 11/9/2004 FD 01 01 DIV 560010 560010 ACCT 656700 802115 PROJ DR/CR DR DR ACCOUNT NAME Equipment Tabulators Computer Software - GIS Increase 19,630.00 434.00 Decrease 01 01 560010 560010 715000 611300 CR CR Rental - Equipment R&B Contingency 6,500.00 13,564.00 toad and B ridge - To move fun ds from contingency for budget overruns due to increase in intenance needs and costs. I I i Preh.ured 13y: Date: kdc 1/2/2004 Approved ~3y: ~ D.1te: ` VOL ~3 PAGE (1 ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.6 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 480530 CR Title IV-E Administration 100,000 OF 310500 725900 DR Professional Fees - Other 100,000.00 -E - To record the realization of revenues over and above those budgeted. And to increase the iutle tle IV for the professional fees paid to VERTEX for preparation of the admin claims Prepared By: kdc Dafc ' 111/4/2004 Approved 13~: Date: VOL ( 3 PAGE 17~ I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-53.7 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 50 460280 CR HLI - Employer 50,000.00 50 640050 711160 DR Stop Loss Premium 50,000.00 lj!ealth and Life Fund - To increase the revenue and expenditure budget for revenues realized lin excess of budizet. Prepared By: kde Date: 1~ 1/412004 `Approved By/tCA0 Date: VOL~ PAGE .200 =PL ( following The the BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-6.1 thru 04/05-6.4 this the 91h day of November 2004 at a regular meeting of the Commissioners' Court, the were present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk g proceedings were held: T WHEREAS, on 9 November 2004 the Court heard and approved a budget amendment for 5 budget year for Brazos County, Texas. 6, an expenditure is necessary due to the necessity to meet unusual and unforeseen could not be reasonably included in the original budget adopted 25 August 2004 the following endment(s) to the original are hereby authorized, as described on the attached page(s). I A PTED AND APPROVED this the 9`h day of November 2004. THE CONWISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: County Judge Original: County Clerk's Office and attached to the original budget i Copies: County Auditor ounty Treasurer ommissioners' Court Minutes VOL (o3 PAGE X01 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-6.1 11/9/2004 FD DIV A 0100 19020000 CCT 5 3 PROJ DR/CR ACCOUNT NAME Increase Decrease 1 00000 CR Salary-Staff 54 92 0100 19020000 3100 , 0.00 0100 19020000 000 310 CR Social Security 4,210.00 1000 CR Flex Benefit Admin Fee 4 0100 19020000 0 0.00 0000 CR Retirement 6 07 0100 19020000 [ , 0.00 00000 CR Employee Health Insurance 5 700 00 0100 19020000 332 , . 0000 CR Employee Dental Insurance 100 00 0100 19020000 38 . 00000 CR Worker's Compensation 190 0100 19020000 39 .00 00000 CR Unemployment Insurance 60 0100 19000100 130 .00 0100 19000100 0000 31 DR Sal -Staff 54,920.00 0100 19000100 00000 3 DR Social Security 4,210.00 0100 19000100 101000 32 DR Flex Benefit Admin. Fee 40.00 0100 19000100 00000 3 DR Retirement 6,070.00 0100 19000100 300000 3 DR Employee Health Insurance 5,700.00 0100 1 19000100 4 320000 DR Employee Dental Insurance 100.00 0100 19000100 3800000 3 DR Worker's Compensation 190.00 900000 DR Unemployment Insurance 60.00 DA C omm n Prosecution Grant / District Attorney-Administration T o move D Pun Viole nce Prosecution Grant Budget to Regular DA Administ ration Budizet 71,290.00 1 71,290.00 j pI►ro~ ccl , 04 VOL Co3 PAGE -111~1- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-6.2 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase D 3000 83100 51610 ecrease 3000 183100 000 516200 DR Hourly - Staff 15 563.00 3000 183100 00 5 DR Hourly - Overtime 1160.00 3000 183100 1640000 531000 CR Hourly - Temporary 1,080.00 00 DR Social Security 815 00 3000 183100 5320 . 0000 DR Retirement 208 00 3000 183100 5 . 3300000 DR Em to ee Health Insurance 2 400 00 3000 183100 5332 , . 0000 DR Employee Dental Insurance 30 00 3000 183100 53800 . 000 DR Worker's Comp. 190 00 3000 183100 53 . 900000 CR Unem to ent Insurance 41 3000 183100 6060 .00 0000 DR Office Supplies 337 00 3000 183100 1120 . 000 DR Confidential Funds 200 00 3000 18 . 0 CR Misc. Expenditure 3000 18 250.00 0 DR Travel - Reimbursable 1 500 00 3000 18 , . 0 Ma intenance 310 00 3000 18 . 0 j DR Peace Officers 3 325 00 3000 18 , . 0 CR Professional Fees - Other 2 00 3000 , 0.00 3000 CR Transfer from General Fund 18,871.00 CR TDT - CUDEP 3,796.00 TDT - CUD"P Grant To reclassi budget based on the FY05 budget for CUDEP Grant. VOL 6-3 PAGE -9n3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-6.3 11/9/2004 0100 I FD 0100 DW 13000100 13000100 ACCT 60170000 65450000 PROJ DR/CR CR DR ACCOUNT NAME Copier Printer Supplies Office Equipment Maintenance Increase 380.00 Decrease 380.00 Tax Assess Collector To realloca funds fora printer that needs re air. I re~~ar«] 13~ ii j 1./3/2004 PP► o~ cd"13V;.. FF VOL &3 PAGE X64 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-6.4 11/9/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000100 59100000 DR DDEA 3,108.00 0100 12000100 59100000 DR DDEA 2,613.00 0100 12500100 59100000 DR DDEA 3,519.00 0100 13000100 59100000 DR DDEA 10,875.00 0100 14000100 59100000 DR DDEA 9,633.00 0100 15000100 59100000 DR DDEA 760.00 0100 16500100 59100000 DR DDEA 615.00 0100 17000100 59100000 DR DDEA 19,380.00 0100 18000100 ' 59100000 DR DDEA 6,194.00 0100 19000100 59100000 DR DDEA 8,568.00 0100 20000100 59100000 DR DDEA 7,870.00 0100 20010000 59100000 DR DDEA 1,318.00 0100 20020000 59100000 DR DDEA 974.00 0100 21000100 59100000 DR DDEA 26,914.00 0100 22000100 59100000 DR DDEA 2,663.00 0100 2210010011 59100000 DR DDEA 1,352.00 0100 2220010011 59100000 DR DDEA 4,461.00 0100 2250010011 59100000 DR DDEA 72.00 0100 22600100 59100000 DR DDEA 408.00 0100 23000100 59100000 DR DDEA 1,346.00 0100 23100100 59100000 DR DDEA 5,749.00 0100 24101100 59100000 DR DDEA 2,956.00 0100 24201100 59100000 DR DDEA 952.00 0100 24201200 59100000 DR DDEA 2,036.00 0100 24301100 59100000 DR DDEA 2,659.00 0100 24401100 59100000 DR DDEA 1,071.00 0100 28000100 59100000 DR DDEA 13,303.00 0100 28002000 59100000 DR DDEA 11,357.00 0100 30101100 59100000 DR DDEA 1,061.00 0100 30201100 59100000 DR DDEA 1,170.00 0100 30301100 59100000 DR DDEA 1,421.00 0100 30401100 59100000 DR DDEA 1,105.00 0100 31000100 59100000 DR DDEA 11,811.00 0100 10002000 59100000 DR DDEA 492.00 0100 35500100 59100000 DR DDEA 3,266.00 0100 36500100 59100000 DR DDEA 17,063.00 0100 37000100 59100000 DR DDEA 4,338.00 0100 11000500 591000001 1 CR DDEA 194,471.00 Various De I artments - To allocate the DDEA for 04-05 based on remaining balances in 03-0 4 budget. i a dx13~y ' kdc 11/47200 AOprQVed 133' ~ mate. Sri ` sr> f 1. S. VOL O PAGE .26-5 I -t7 I MERIT INCREASES FOR BUDGET YEAR OCTOBER 1, 2004 - SEPTEMBER 30, 2005 PERSONNEL CHANGE OF STATUS page l of 3 COU DEP) ■ ■ ■ DEPA. TAX C DATE: November 9, 2004 LTMENT: Personnel )S "MM E:MMMMM... Am= Personnel Cham Status CMENT NAME EMPLOYEE NAME ACTION REQUESTED SACKMAN, TONIA STEPNEY, RAYE LAMPKIN, CYNTHIA MONTALBANO, PATSY SPACEK, SANDY MONCIVAIS, CINDY MARTINEZ, AMY FELDMANN, MELISSA SCHUETZE, KATHY STEELMAN, TERRY HAVNER, CHARIDA SALADIN, SHERRIE PORTILLO, HEATHER OCON, KRYSTAL TERRELL, LEIGH A. MILLER, RONNIE SCHUMACHER, BONNIE SCRIMSHIRE, VERONICA EIMANN, DENISE BUENTELLO,OLGA GREEN, BARBARA KNOX, BARBARA SAWYER, JEANINE SNODGRASS, PATRICIA ROE, DORYE K. MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT & BDGT STEP INCRS MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE OF THE PEACE, PCT. I BOX, MARY A. GARCIA, LORETTA HUTCHINSON, NICOLE W MANRY, LORRAINE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE VOLPAGE I MERIT INCREASES FOR BUDGET YEAR OCTOBER 1, 2004 - SEPTEMBER 30, 2005 PERSONNEL CHANGE OF STATUS i page 2 of 3 COU T DATE: November 9, 2004 DEP AR TMENT: Personnel PU SE: Approve Personnel Change of Status DEPA MENT NAME EMPLOYEE NAME ACTION REQUESTED JUSTI I MERIT INCREASE OF THE PEACE, GIBBS, M. ELAINE i PCT. 2 - 2 LEWIS, DONNA MERIT INCREASE SHE I'S OFFICE PITMON, WILLIAM MERIT INCREASE NAR i TICS TASK FORCE FIELD, CARLA MERIT INCREASE GLIDEWELL, RANDALL MERIT INCREASE HERNANDEZ, REGINA MERIT INCREASE WELCH, MICHAEL MERIT INCREASE I LEDESMA, RICARDO MERIT INCREASE RO ND BRIDGE ELDRIDGE, SHAWN MERIT & BDGT STEP INCRS. JUST I OF THE PEACE, SOARES, IDA O. MERIT INCREASE PCT. 4 i i VOL ~ PAGE a6 7 m~_ i MERIT INCREASES FOR BUDGET YEAR OCTOBER 1, 2004 - SEPTEMBER 30, 2005 PERSONNEL CHANGE OF STATUS page 3 of 3 COURT DATE: November 9, 2004 DEP TMENT: Personnel P SE: Approve Personnel Change of Status DEPA TMENT NAME EMPLOYEE NAME ACTION REQUES JUSTI OF THE PEACE LEWIS BARBARA MERIT INCREASE PCT. 3 HRONEK, BRANDY M. MERIT INCREASE HEAREN, COURTNEY M. MERIT INCREASE TRAIL, LINDA A. MERIT INCREASE zNUZZWOOZZI TED 85TH 1~ TRICT COURT O'NEILL, ANDREA MERIT INCREASE LARA-HOOGE, VERA MERIT INCREASE 361sT TRICT COURT , i 3A44BI~-A.%nY ' fiiaz-31'deREAS$-- WAGER, TROY MERIT INCREASE in Commissioners' Court: County dge's or Commissioner's & (This c :3y to be attached to minutes) VOLPAGE = PERSONNEL CHANGE OF STATUS page 1 of 2 COURT DATE: November 9, 2004 MEMO EMEMEMEMMEMMEM TAX FICE BRATTON, BRENT SPACEK, SANDY CORGEY,LOREN DEP TMENT: Personnel PUR SE: Am= Personnel Change of Status DEP ;MEN; NAME EMPLOYEE NAME ACTION REQUESTED DELGADO, CHRISTINA PAY SUPPLEMENT REMOVE PAY SUPPLEMENT RESIGNATION PROMOTION Y ATTORNEY CHAPA, MICHAEL RESIGNATION HOT CHECK MAGEE, WILLIAM TRANSFER WITHIN DEPT RICKETSON, MARK NEW HIRE S OFFICE - LEWIS, CLEOPHUS E. ESPINOZA, LISA JONES, CHARLES V. RODRIGUEZ, JAVIER DISCHARGED NEW HIRE PROMOTION PROMOTION VOL 0 PAGE= PERSONNEL CHANGE OF STATUS page 2 of 2 1 Change of Status NAME ACTION REQUESTED BEWLEY, JASON E. GOODEN, DE MARIO M. GREEN, BOBBY J. JIMENEZ, LORENZO MAZURKIEWICZ, JAMES M. RHODES, RYAN H. TAVANO, TERRY J. WEEKS, JR., EDWARD N. TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED TEMP POSITION ENDED CLERK LITTLE, LYNSEY PROMOTION Appro in Commissioners' Court: Count udge's or Commissioner's Si (This c y to be attached to minutes) CO T DATE: November 9, 2004 DEP TMENT: Personnel PUR SE: A~pPersonne DEPA MENT NAME EMPLOYEE I I ....f AYERS, DANIEL T. ROADLkND BRIDGE VOL (3 PAGE4 40. C> a a V C~ C Q tom, C a v~ C a x w 0 0 3 0 00 N 0 Gn Q a v" 44 0 A 4- C O U O C O C~ .p b`~n O rl !-I rl M O~ ~.1 C C O a M 00 MM~ ~ Frl a I-b .C O a LT O a h 0 O 1^QV N wi O lr Z3 "CS C~ W O ~I a bolo C a r~ "LS TQr c0., O 04 11 1-1 U zo o wl O U M r.a U O O O U a H Q a O O V as Q I + y ~ F ~ A 0 o ~ u o P ~ V . h rte O U C O CAS V 0 a U O y ~ M o 00 A ~ ~ vi rl VOL &j PAGE c a! o -0 Y N v S c O N 'O 7 U C O t0 O 0 0 5 y :a d O C ~ . O A O 'D .n •3 E N E B l u ~ U t N ~ d 0 v c > y N 3 ffi p, o ~ ti on c 0 o a•Oi ~ y ~ s T r o~ bD 'O c ~ G . 7 N O r C O E /1 d O 7 X o O C $ a 3 7 a N E P c o d .C V 0 ~ n G C d U G y R ~ 1 O u= C p~ C t v N o ` o ~ N N 13 a. p " . y N ~ ~ • H e {.r C N ,c b U g o ~ p o N ~ 3 • M O c a i a i c o U tw p 7 •O C U$ O N 3 O N •O C7 C1. U y ~ O C E v y V r O d o o b y - c p o U ° O I 0 ~ ~ • ~ a U u y O p y ~ C U d O . M C 5 GC C ~ O O '~C u o pia F Q _ ~ L 'c O ~ ra { ~ C~ a> > 'c) E ~ O 1 n at F" j O > N G o •3 € E o Rf c o wJr" • ; ) v a p a y C W. 3 0= c o U O 0. r~" V 69 . O ^ v 3 r~ O o o° O o c _ U O N N U o O O 'O V d d C C RS N 1i C N R y c N» w e d d p N o ~a G u o • > r-; N `n om $CIS v 3 e 4 N U. 40. fl a b .C -c; h R C 0 00 0 cV - 21 F > :i S ( c) CQ O > C OD V a O b b0 c N v C z~ E N Im c d 5 E i ~ 2 , 5 o a~ 0.0 1 2 ~ w' L ° aaxi aoA o T co) v rn o ld vOi r 7 rj N N N d N v 7 Q y y N O b0 v O y O O U 0 C O ~ N ~ c 'O d O `~'i etl ~ O 'D •w+ 'D ~ ~ s Ca Y N ` - 0.0 >>,B o` w U G ~ ~w° 7 c A. F`"1 b 0 ~a U o 7' .r7 U N y lu V] c G b Q 1.. yam o`~nE 0o 0 3. 3 0 3 y N O d RS d w O C 8 i+ N ~ 3 ~ v . O o O vyN.,o~~ U O h y N"> u c C 101i o O U CCf O 4/ o w • ~ ~ A. ~ •O 5 ~ c ~ U c U ° W ' d o o a w i 2 E O O - ~ m caiY `c2~ a ~ z C7 • • • • • • • U o o a v° Q~ C% ~ f~ " THE OFTWARE GROUP A TYLER T HNOLOGIES COMPANY Purchase Agreement for Brazos County Information Technology November 3, 2004 Description Quantity Units Unit Price Extended IBM Unive a License maintenance for 190 Users 190 $72 $13,614 Users Eff ;.tive 11/01/04 - 10/31/05 $13,6 The Softw. Group, Inc. Brazos County Information Technology 6500 Interna ' nal Parkway Suite 2000 5 Plano, Texas 5093 Purchase hon*ze (please print) i (972) 424-15 (972) 509-7873 Fax signature Prepared by y Martinez Date PO Number (if applicable) Page 1 of 1 4 9 3 PAGE I. VOL ?o Am dment to West Group Order Form - West CD-ROM Renewals `610 ;,ertnan Drive, P.O. Box 64833, St. Paul, MN, 55164-1803, Tel: 651/687-8000 Fax: 800/832-5333 Brazos Co Attu P Ho L 300 E 26t1i 8 ; Ste 117 Bryan, TX 803-5363 Account#1000807616 West CD-ROM ewals The term for the r, the term of.the i ewal(s) of subscriber's West CD-ROM subscriptions and the percent increase of the Monthly West GD-ROM Ch (s) elected by Subscrib days after receipt er areas set forth the l below. The new arges during rate of your Monthly West CAROM Ch renewa form. For titles that are billed annually, the new arges will be effective 30 rate will be effective at the end of the current billi ng term. Check to - Material Cw t Monthl Y Contract Circle Renewal Term & Mordhl ~i' Ren ew y est CID-ROM Clarges Number 7 7 : Charge Number I (Pick one for each subscription renewed) CD TX DIGS ~ . . 12 Mos. 24 Mos. CDTXCIVPR 11539107 SUB $630.00 110134868 $630.00 $585 90 0 0 CD TXPRS 16146987 SUB 14013446 $870.00 $978.00 110134860 110134861 . $870.00 $809.10 0 CD 5THCIR CD 5TH DIS REPSERVSUB 11287078 COU $1,116.00 110134857 $978.00 $909.54 116 00 $1 0 CD SLIP COL RT SERv SUB 11287752 SERVLDSUB $1,116.00 110134858 , . $1,037.88 $1,116.00 $1 037 88 0 0 CD TX VERN S 14633198 T & CODE LD SUB 15329484 $1,524.00 $1 728 00 110134864 11 , . $1,524.00 $1,417.32 0 CD7XKM3D CD TX CASES SUB 16146995 SUB , . $1,968.00 0134862 110134859 $1 968.00 $1,607.04 $1 968 00 15330976 $5,148.00 110134866 , , . $1,830.24 $5,148.00 $4,787.64 12 Month Renewal N withstanding anything in the "Subscriber hato an rge. additional 12 months and the Monthly West CD-ROM Charges for additional 12 months shall be no more than the Curren current Monthly W~ t CD-ROM Ccommit 24 Month Renewal N thstanding anything in the "Subscriber Agreement", Subscriber agrees to commit to an additional 24 months and the Monthly Wet CD-ROM Charges for additional 24 months shall be 7% less than the current Monthly West CD-ROM Charge. Monthly West CD-RO barges are billed at then-current rates after the renewal period elected by Subscriber. General Provisions. j CD-ROM Libraries CI Minnesota, and will be have jurisdiction over t equivalent, ad valorem for other open account assignment of rights of Software License Agree non-refundable. SUBSCRIBER Printed Name L-306526 CD-ROM 0304 access to and use of Westlaw will be governed by the terms and conditions of the Subscriber Agreement for Westlaw and =Tiber Agreement') currently in effect between the parties. This Order Form is subject to approval by West in St. Paul, Werned by the laws of the state of Minnesota. The parties agree that the state and federal courts sitting in Minnesota will ' other tand the axes pantie consent to the jurisdiction of such courts. Sales, use, personal property, value added tax (VAT) or arges. Interes-are responsibility of the Subscriber. Subscriber t charged maybe adjusted to the then-highest current maybe allow able one Minnesota contracts cr an Tpransf or bligations by Subscriber constitutes a material breach of this Order Form, the Subscriber Agreement and/or the West mt. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. All Westlaw Charges are VOL 63 PAGE -?J3 THOMSON WEST 9296 Subscription Invoice Asterisk indicatesnnual/Monthly Charge For payment instruct s and contact information see reverse side Box 64833 Paul, MN 55164-0833 BILLING ACCOUNT # 1000807616 SUBSCRIPTION INVOI CE # 807606243 INVOICE DATE 10/22/2004 BILLING PERIOD Sep 23,2004 - Oct 22,2004 PAYMENT DUE DATE 11/21/2004 AMOUNT DUE 15,078.00 PAGE 1 OF 2 04 Join the Association of T I Lawyers of America and receive 20% member-only discounts and special offers on new purchases of ATLA Press products. ATLA m bers save $160 off the ATLA Press six-volume legal treatise, ATLA's Litigation Tort Cases. 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POSTING DATE NUMBER FOR PAYMENT REFERENCE LIVERY MBER DESCRIPTION QTY UNIT PRICE TAX TOTAL 09/26 6025861452 j *CD ROM 5TH CIRCUIT FEDERAL REPORTER 2 0.00 1,116.OOS SERVICE SUB Sept 26,2004-Sept 25,2005 09/26 6025861455 *CD ROM 5TH CIRCUIT FEDERAL DISTRICT COURT 2 0.00 1,116.OOS SERVICE SUB Sept 26,2004-Sept 25,2005 09/26 6025861459 *CD ROM TX JURISPRUDENCE 3D LAWDESK SUB 2 0.00 1,968.OOS Sept 26,2004-Sept 25,2005 09/26 6025861461 *CD ROM TX CIVIL PRACTICE LAWDESK SUB 2 0.00 870.00 S 1 Sept 26,2004-Sept 25,2005 09/26 6025861464 *CD ROM TX PRACTICE SERIES SUB 1 0.00 978.00 S Sept 26,2004-Sept 25,2005 09/26 6025861470 -CD ROM TX STAT AND CODE LAWDESK SUB 4 0.00 1,728.00 S Sept 26,2004-Sept 25,2005 09/26 6025861473 *CD ROM SUPREME COURT REPORTER SERVICE 2 0.00 1,524.OOS LAWDESK SUB Sept 26,2004-Sept 25,2005 SUBSCRIPTION IN VENDOR # ACCOUNT # AMOUNT DUE AMOUNT ENCLOS RETURN BOTTOM PORTION WITH PAYMENT ICE 807606243 41-1426973 1000807616 15,078.00 West Payment Center P.O. Box 6292 BRAZOS COUNTY Carol Stream, IL 60197-6292 ATTN P HOWARD 300 E 26TH ST STE 117 BRYAN TX 77803-5363 0807606243 0040000000000000000000 20041022 ZCMI 001507800 0010 1000807616 9 VOL PAGE I `f TEXAS ASSOCUnON OF RBALT MO COMMERCIAL. CONTRACT - UNIMPROVED PROPERTY USE OF TM FORM W iEfiSO O V" AW NOT MEMBERS OF 7W ASSOCNTM OF RFJ4LTO14SN IS NOT AUTWW". R br- no 1. PARTITE Seller agrees to sell and convey to Buyer the Property described in Para 2. Buyer to buy roperty from Seller for the sales price stated in Paragraph 3. The gra agrees parties to this cankac* are: Jacqueline A. Cryan Add I s, P O Box 790 Seal , Texas 77474 Ph ; (979) 885-6262 Fax: (979) 885-0164 Buy, I Brazos Count c/o Judge Rand Sims j • 300 East 26th Street, Suite 114 Bryan, Texas 77803 pto (979) 361-4102 Fax- {979) 361-4293 '2. PROA W means that real property sibMed in Brazos 1, Bryan, Texas, 9.88 Acres.~~ Tam is legally described on the attached Exhibit "A" I!adisal or ~ fotbvlrs: hed Legal Description Echibit "A." B. Sel 'B sell and convey the Property together with: (t) al privileges, and appurtenances pertaining to the Property, including Seller's right title, a interest In any minerals ubhties ' . , atfjacerlt streets, aneYs, strips, 9a'es, and rll (2) s interest'in all leases, rents, and security deposits for all or part of the and (3) S er's interest in all licenses and permits related to the Property. Property, and POscrfbe exceptions, reservations, or resbw&ns in Paragraph f f or an addendum.) 3. SALES PR C E: A. At or fore dosing. Buyer vrill pay tttie following sates price for the Property: (1) Ca ep Portion payable by Buyer at dosing $ 475,,000.00 (2) Su of all fi wncing described in Paragraph 4 . . ; To Seller (3) So is price (sum of 3A(1) and 3A(2)) . . . $ 475,000.00 Net to Seller (TAR-1W2) 2-0-02 i InWWAed for kki4ficdwn by Buyer- Se#w Page 1 of 13 Cotmy 21 [acme Real 60 H" 36 S„ Sealy 'rX 77474 P6o w.979-685-6459 Fwr 979-07-7670 rom,o.u .rs, zrprw,,,•,• oy Re b".nw, u c ~eo2s sp,n„ „M, Row, crwo" Tw,r~,hp, Maya., ~p~y, pppp~ ~sa+ieoe 'f4514845.ZFX VOL 103 ~A6 -21 S _ rr B. us nt to Sales.Price: (Check (1 j or (2) only.) X (1) T sales price wiu not be adjusted based on a survey. J (2) sales price wig be adjusted based on the latest survey obtained under Paragraph M. (11' The sales price is calculated on the basis of $ $W" foot of J total area J net area. ---per J ii) we of J total area U net area. (b Total anew" means all Iwo area within the, perimeter boundaries of the Propaity. "Net area., ns total area Jess arty area of the Property within: J i) public roadways: .J ir'j rights-of-w4 aid e s other than those that directly provide u6'tity servro. to the 11 Property; and (c) the sales price is adjast d by more than 96 of the stand sales ice, either _ y terminate this contract by providing written. _notice to the other party within patty days the terminating party receives the eurvey_ If neither party terminates this contract or if the is less than the stated perwitage, the aduslhnent to the sales price will be made to the portion of the sales price payable by Buyer. 4... FINAN : Buyer win finance the portion of the sales price under Paragraph 3B as follows: A Tnts F : One or more thud PadY bans in the totel amount of; (2) W oarrtingent upon Buyer obtaining third party financing. t oOntin gen upon Buyer obtaining third party financing in accordance with the attached Addendum. U B. In accordance with the attache=d Financing Addendum. B note secured by the property, which balance at dosing will be$. will assume the existing Seiler, U C. t : The delivery of a promissory note and deed of bust from Bu er to S il it y e er under the attached Financing Addendum in the amount of - S. EARNEST - A. Not money n 3 days after the effective date, Buyer must deposit E as earnest (Mle y and esa w agent) at earnest termin (tit* c"mpar>)r's address). Buyer wiu deposit additional uncle Pa on or, before: J (i) the 78 day attar Buyer's right to (3} expires r J ~ The title : o { ) ny is theescrow agent under this contract. B. If Buyer written und P ~s to timely deposit the earnest money, Seller ma fermi to Buyer beft" Buyer Y nate this contract by providing deposits the earnest money and ma exer i Sett . er y c se ees remedies graphl5. C. AuYw federally insk" the escrow agent to deposit the earnest money in an interest-bea sured financial institution and to credit any interest to Buyer. ring account et a (rAP-1801) 2-8-02 I I Inkk"d for rte ,M by 9,yw Saber P'011 d Wa rpF-- br W F-..FAK MC IS= Fft, W' Raid, aim Tl m . Aft. 40M, Ma~ =a, VOLE AGE , 1 Pegs 2 of 13 T4514945.7-Fc _ fir G. TITLE ICY AND SURVEY: A. Title p~liev (1} is i at$uyer'sexpense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) l4ed by the title company in the arrxxx t of the sales price, dated at or after dosing, insuring Buyer k.' ss raider the title policy. mA ject only to: (a title exceptions permitted by this contract or as may be approved by Buyer in ~ lh xfard printed exceptions contained in the promt~aited form of title 'and policy unless this d provides otherwise. (2) 'M standard printed exception as to discrepancies, conflicts, or shortages in area and bounds fin! , or any encroachments or protrusions, or any overlapping W prove►nerrts: ry _l (a) .g not be amended or deleted from the title policy. J (b) ll be amended to read "shortages In areas" at the expense of 0 Buyer ~J Seller. (3) 9s.( Bu*r May object to any restrictive covenants on the Property within the time required under (4) ~ ys after the ee date, Seller val furnish kow a con Mrient for tide insurance Including legible copies of recorded documents evidencdng tale exceptions. Seller the title company to deliver the commitment and related documents, to Buyer at Buyer's commitment t for Title Insurance is attached as Exhibit "B." B. (1) Wit . days alter the effective date: A copy of the survey was delivered to the county August 13, 2004. wig obtain a survey of the property at Buyer's expense and deliver a copy, of the survey to J (a) tilker. U (b) . at Semi's expense. will furnish Buyer a survey of the Property dated after the effective W 34 (c) ller wilt deliver a true and correct copy of Seller's existing survey of the 30,,1996 Property dated ay 3 199 the , . Seger, at Sefler" s expense; Delivered August 13, 2004. existing survey recertified on a date not eaoler than L1 will not .have the exlstinp survey recertified. SeW J will ZI will not delver to the tide company an Seller knows affffidav# required by the title company for approval of the survey that states that changes or afteratim to the Property as depicted on the survey. (2) The rvey required under Pare"ph 68(1) must be made by a Registered Professional Land Su r acceptable to the tide company. The survey musty (a) ' the Property by metes and bounds or platted lot description; (b) that the survey was made and staked on the ground with comers permanently marked; (c) forth the dimensions and total area of the Property; (d) the locsttion of all improvements. highways, streets, roads, railroads, rivers, creeks or other rways, fences, easements, and rights-of- ny on the Property with an easements and _way referenced to their recording information; (e) any discrepancies or conflicts in boundaries, any visible encroachments, and an EMO Effw9ency perty lying in a special flood hazard area (an "A■ or "V" zone as shown on the current Pro Management Agency (FEMA) flood hurance carte map); and the yor's certificate tfiat the survey is true and cor ectt. (TARAW2) 2-6-02 Irwtieled far Idenorocme w, by Buyer. se men ~ - Pegc 3 of 13 w~ Z~Form*~ by RE FenteN«, lLC 78005 F1kpt IVlue Raaq Cr'nlon TowrMYp. AIAd~ (mil ]E36l05 T4514$4527X VOL & 3 PAGE--)- 1 ~ C. (1) in 5 days after Buyer receives the commitment copies of the documents evidencing the exceptions, and any required survey, Buyer may object in writing to matters disclosed in the (a the matters disdosed constitute a defect or encumbrance to title other than those perm by this contract or lens that Seller will satisfy at closhq or Buyer will assume at do~~,g• or (b W* show that any part of the PMP" a8 defined by FEW); kes at a special flood hazard area tan "A" or "V" jr,cm (2) 1 may, but is not obligated to, me Buyers timely objections within 20 days after Seger receives objections. The dosing date will be extended as necessary to cure the objections. If Seller fats to n: the objections by the time required, Buyer may tenr>tnate this contract by Providing written to Seder within 5 days after the time by which Seger must cure the objections. if Buyer ed two Beare may, leas any irxfepeeXdent con8kkW 4Wn under Paragraph 70(3)(a) (3) s failure to timely object or terminate under to Paragraph 6C is a w8w of Buyer's right to except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPER CONDMON- A. Condition. (Check (f) or (2) only,) -y 0) is the Property in Its pnasent "IMW corKRIon. Y(2) BB r a the min dosing: its Present condition except that SeW at Sellers expense, wig con the Bu has completed feasibil' studiie; , etc., to their satisfaction- B. a itH Already completed by Buyer (1) (a) (b) (c) (d) ) (fl (9) (TAR 1842) 2-6-02 •~►-r'~!~ V Rhin days after the effective date, Seller will dell to the following items to the extent that the items are in Sellers Possession or are red ddy ble to Seller. Any itern not delivered Is deemed not to be in Sellers possession or modify ble to Seiner. The items Seger will deliver are: Pies of all current leases pertauning to the Property, including any modifications, sttpplements, amendments to the leases; Pies of all notes and deeds of MW against the Property that Bayer wril assume or that Seger I not pay in full on or before dosing; Ares of all previous envirorunental asses. studies, or analyses made on or relating to Property; ents for the Property for the previocrs 2 calendar years; VeftY tax b of the Pmperty Dies of Ourrent utility capacity letters from the f property's water and sewer service provider; lnit bd for fdenfcaom by buyer- , . _ Seller C v. Pape 4 of 13 PW*Md Vft ZVF-m by RE FamaNek u.C i8M f ftm Milo Road. Ckftn TOW**. Widipr~ MM. "q 9M T45t4845ZFX VOL 0 PAGE • -F.-Y -"Az-*jMjM MY. t 1, t3rydn, I exas, yIAW Acres (Z)IRS TORS StU~le8, 0c'ASSesSrr~ftt8: Already completed by Buyer (a) in days after the effective date, Buyer, at Buyer's expense, may complete or cause to completed inspections, studies, or assessments of the Property. Inspections, studies, or a ssments may include, but are not limited to: ('I hysical property inspectior>s; (i omic feasibTity studies; {ia nvirortmental assessments; and (iv ngineering studies. (b) r must: (i) mploy only trained and qualified inspectors and assessors; C) Seller, in advance, of when the Impedors or assessors will be on the property by any reason" entry rules or requirements that Setter may require; Qv interfere with existing opematttorw or oomjMis of the property; and (v) re the Property to its original condition if altered due to inspections, studies, or smerlts that Buyer completes or causes to be completed. (c) Ex for those matters that ad*Q from the negligence of Sager or SOWS agents, Buyer is for any claim, limy, encumbrance, cause of action, and expense resulling is Inspections, studies, or assessments, inducting any property damage or Personal from hilury. wig indemnify. hold hartrdess, and defend Seller and Seller's agerts against any c k*n - a mfr f~ or which Buyer is responsible under this paragraph- This paragraph survives ntrad (3) E a' Buyer may terminate thin conblmd for an n' t days after the effective date y pproviding Sam with written notice of temU reasoawdition n _ with a tep~ Seller is the time t+equired. accepts Properly in its pimselld « rta~b«an If Buyer obgAated to comptete under this corrtrad. {Check rxrly nm box) (a) jemMon- erminates under this Paragraph 78(3), the eamest money will be refunded to Buyer that Seger will retain as independent idergoon for Buyer's right to Buyer has kmkxrd the independent consideration to Seger pecified upon payment of fete full the sales Paragraph 5 to the escrow agent. The independent consideration is to be prioe only upon the easing of the sale. 3 (b) paid Seiler $ - _ • - as independent consideration for Buyer's right to by tending such amount dwecuy to seller or Seller's agent. if Buyer tterminates under this 78(3), the earnest money will be refixideid to Buyer and Seger will retain the independent The independent consideration j will `.1 will not be credited to the sales pace ng of the sale. (4) or?natin. If this rxy *vd terminates for any rea lm, Buyer wig, rant IatAr than 1 O ;IE on date: 01 return to Seller all those Items described in Parag aph 7B(1) that Buyer and aft copies that Buyer made of those items; and C7 delnrer copies of ail essment reports (excl"I economic feasibifrty studies) related to the P r caused to be completed. Tz Pa ropernt that ralgraph 7B(4) survives temuriation-of this contract. : After Buyer's right to terminate under 76 3 amend, or terminate arty other contract that affects the eXpireB, Seller may not or written approval. operations of the Property without (TAR-1802) 2-02 Initialed foR ;de-VfiC M by Buyt.... Seller Page 5of13 PM*i wIhftFa o~ by RE F--IAK UC IM FM m NiL Rork Gale, TaMNfiP, Mid.W MM MM x{9M VOL 3 PAGE c-,2 I T4514USZ" S. BROKFW-q. n/a A- The kokers to this sale are: Brotce~ . License No. k*i*al BroRer - - Adi;R'88' Move No. Prone Fax FK rie Coo Broker represents buyer. Principal Broker. Check only one box) Fax J represents Seller only. .J represents Buyer orgy, J Is an teary beiften Seder end Buyer. B. F es• hack only one box.) will pay PMIq t Broker the fee Prindpat Broker and Setter. q*cMed separateWilten d sWeement in A 8eteen Brokers foundbefoMr to will pay C0°n9 Broker the fee specified Pte' to this contract. [7 (2) At tie dosing of this sale, Seder will pay: Broker a total cash fee of- Principal broker a total cash fee or. J _ % of the sales price. J % of the sales J J Prise. Th 11 cash fees will be panel in County agent to pay the brokers from the Setter's proceeds at cbsi ' Tex. Seller authorizes Texas PMpe►tY Cagle, authaRZes a brayer to secure an earned commission C. The may not amend this Paragraph 8 without the written consent of the brokers erne affected by the 9. Moslw.- 1 A. Thof the sale willbe on or before November 15, 2004 objtitle have been cured, whichever date is later (the _ or within 7 days after g date the non- default; closing date). If either party fails to dose ng party may eber+ase the remedies in Paragraph 15. B• At eder will execute and de0ver, at Sellers e by ij dee eed must include a vendor's lien if anY xpens a genespecial warranty convey and Indefeasitale titre to the part of the s sa les price is financed. The deemust und6 or other ProPenY and show no exceptions other than3taae permitted iens provisions'of this corrtract. seller must cornrey the Property assessments. or other seavity i~ age the Prp ut of the sales price unless securing bans Buyer assumes: t wig not tae (2) y assumed loans in default, and (3) ersons in possession of any part of the Pr n# except tenants under the written leases assigned I at sufferance, or Buyer under this contrast. i (TAft-reoz) 2-"2 f Maw for MaNcation by Suter . Seller , Page 4 of 13 R" =W 90h ftFmm- by RE r maWK LLC %M filuen Mb RoK CW*m Ta wWW, MM"M OM (app) MOM T4S14MSZX VOL 63 PAGE -~2°' o ■,y nwy z I, a[yan, I M45, VA515 Acres C. At d ing, Seller, at Seller's expense, will also deliver: (1) t statements showing no delinquent taxes on the Property; (2) assigmient Of all 1035" to Or on the Property; Sign Lease, copy attached - Exhibit "E." (3) t the extent assignable, an assignment to Buyer of any licenses and permits related to the (4) er ce that the person executing the contract is legally ruble and authori¢e to bind Seller O notices, surlements, ceffaites, aft wits, releases, and other documents required and ct, the commitment, or law necessary for the closing of the sale and issunce of the t~itle icy, all of which must be completed by Seller-as rtecess" D. At ng, Buyer will: (1) the sales price in good funds eooeptaibie to the escrow, agent; (2) vet evidence that the person executing this contract is legaliY CBpa'W and authorized to bind r, and (3) a and deliver any noticaa, statemenns, ceaffic oes, or other docurnenta required by this or law necessary to dose the sale. E. Untes the parties agree otherwise, the dosing documents will be as found in the basic forms in the cu edition of the State Bar of Texas Real Estate Forms Manuel without any oddiNonel causes, 10. POS N: Seller willdeliver possession of the Property to Buyer upon dosing aired funding of this safe In Its pro condition with any rtspain Seller is obligated to complete under this contract, ordinary wear and tear pled. "I closing, Seller will operate the Property date Any in the same Manrier as on the effective n by Buyer before dosing or by Suer after dosing that is not authorized by a Waite written lei. agreement Is a landlord-tenant at sufferance relationship between the parties. 111. SPEWL S: (Identify exJmW ffspedaf provisions are cWaraed stir an aitaclhmat) Exhibit " attached re: Title Commitment Exhibit " ttached re: Like-Kind Exchange Exhibit "I " attached re: Fax Rider Exhibit " attached re: Sign Lease BUYER 11PESP.ONSIBLE FOR ALL CLOSING COSTS. 12. SALES u5= Buyer is responsible for all closing expenses. (1) i W1 , other than tose liens assumed by Buyer, in luding prepayment penalties Afe:xPenses Seller will pay#or the following at or before dosing: (2) ler'sloan lia~bilrty, if applicable; (3) s or certificates; Sel (4) the deed: (3) y escrow fee; (6) any documents to cure title anions that Seller must cure; and (7) that Seller will pay under other provisions of this contract. fiat-laM s j waled *ff Callon by Buyer , . 5er1eF ~ PaSp 7 of 13 PM*-W wih ZWF-m- by W Fwne* . LLC flW5 Fftw "W flow. C**on Towndw W& wM= OM 36 OM T451484S.ZPX I i VOL t.3 PAGE _ B. ftLef E rises: Buyer will pay for the following at or before dosing: (1) at can expenses (for exam [a, appliicwUon fees, origination fees, discount fees, buy-down fees nt fees, appraisal fees, assumption fees, recording fees, tax service fees, mortgage title expenses, credit report fees, document preparation fees, interest expense that Buyer's lender 'rao Buyer to pay at closing, loan related inspection fees, amortization schedule fees cate (2) P , r . underwriting fees, wire transfer fees, and other fees required by Buyer's lender}; f o any deed of trust; ( ing fees for the deed and any deed of trust; ) ms for flood insurance as may be required by Buyer's lender (5) , aY of any escrow fee; (6) co M o and delivery fees for delivery of the title commitment and related documents; and e ex t p nses hat Buyer will pay under other provisions of this contract. 13. PROM NS, ROLLBACK TAXES, RENT, AND DEPOSITS: A. (1} Int p on any assumed ban, taxes, rants, and any expense reimbursements from tenants will be ed through the dosing date. (2) If amount of ad valorem taxes for the year in which the sale doses is notavaifable on the dosing d taxes .will be prorated on "the basis of taxes assessed in the prWous year. If the taxes for the in which the sale doses vary from the amount prorated at dosins, the parties will adjust the when the tax statements for the year in which the sale doses become available. This rapl`r 13A(2) survives closing. (3) If assumes a loan or is taking the Property subject to an existing Ben, Seger will transfer all deposits held by the lender for the payment of taxes. Insurance premiums, and other ch, tine to Buyer .closing and Buyer will reimbume such amours to Seller by an appropriate B• T es: If Seller changes the use of the Property before dosing or if a denial of a special valu on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest ) for periods before dosing, the assessments will be the obligation of the Seller. If this $a Buyer's use of the Property after dosing results in additional assessments for periods before dosing, assessments will be the obligation of Buyer. This Paragraph 13B survives dosing. C. e : At dosing, Seller will tender to Buyer all security deposits and the following advan payments received by Seller for periods after dosing: prepaid expenses, advance rental and other advance payments- Paid by tenants. Rents prorated to one party but received by party wiN be remitted by the recipient to the party to whom fl was prorated within 5 days after the rent received. This Paragraph 13C survives dos ft. 14. CONDEMN TION: If before dosing, condeYnnation proceedkigs are commemmd against any part of the Property, B r may: A term"WRIM this corrtrad by Providing written notice to Seiler within 15 days after Buyer is advised of the condom on proceedings and the earnest money, less any independent consideration paid under arag 7B(3)(a), will be refunded to Buyer, or B• appear defeM in the condemnation proceedings and any award will, at er's election, belon to: (1) Se and the sales price will be reduced by the same amount; or 9 (2) Buy and the sales price will not be reduced- MAR-1 eo2) 2-0-02 kWoWd for rdotTt y, by BuyW wirer Page a of 13 P-*-d**h LOFo-- by RE FOMSKO, LLC IBM Mew Min Roact CUMan TWMWV. M tM40M. MM 393'9005 T4514US.ZFX VOL 63 PAGE 2-2--9- 15. DEFAUi. A_ If Bu fails to comply with this contract, Buyer is in default and Seller may: (1) inate this contract and receive the earnest money as liquidated damages, thereby releasing the from this contract; or (2) roe specific performance, or seek other relief as may be provided by law, or both. g• if, (1) fault, Seger is unable within the time allowed to deliver the commitrtwnt, Buyer may: thi s contrad and receive the earnest money, tress any independent oonekk ation under raph 78(3)(a), as the sole remedy; or (2) a the time for performance up to 15 days and the dosing will be extended as necessary. C. Exce Buyer provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and . (1) Y Inate this contract and receive the earnest money, less any independent cow unde (2) a r 713(3)(a). as IqukMed darrrages, thereby releasing the patties from this contract, or specific performance, or seek such other relief as may be provided by law, or both. 16_ ATTORN proceedi FEES: If Buyer, Seger, any broker, or any escrow agent Iss prevailing qty in any legal ht under or with relation to this contrail or this part is titl d from the y en e to recover Icing parties all costs of such proceeding and reasonable attorne 's fees Thi P 1s y s aragraph ermination of this contract. 17. ESCROW: A. At dos ousts , the eamest money will be applied first to any cash dowry payment, then to Buyer's dosing an e , y xcess will be refunded to Buyer. B. If both unpaid ' make written demand for the earnest money. escrow agent may require payer of incurred on behalf of the parties and a written release of liabstty of escrow a t f all pa gen rom C. If one by makes written demand for the earnest money, escrow agent wi'g give notice of the demand t th p to the o ng e other party a copy of the demand. If escrow a" does not receive written objection from the other party within 30 days after the date escrow agent sent the dem d t h ao er an o t e ' escrow ant may diisburse the earnest money to the party making demand, reduced by the unpaid expenses nursed on behalf of the party reeeivklg the earnest mone agent y and escrow pay the same to the creditors. D. Escrow wdl deduct any indepemdent cansideratiori under Paragraph 713(3)(a) before disbursing any money to Buyer and will pay the inClependerit consideration to Seeger. E. If escro~ agent complies with this Paragraph 17, each party hereby releases escmw agent from all dalms rted to the disbursal of the earnest money. F. Notices 9this Paragraph 17 must be sent by certified mail, return receipt requested. Notices to escrow are effective upon receipt by escrow agent. It MATERIAL OACTS: A. To the bot of Seller's knowledge and belief: (Check (1) or (2) only.) MAR -16M) 2-0-o2 I % ka[iakd fw k1eYtW7cetion by coyer -Woo Produ -Ih apF-" by RE Fob t1C tt>p~5 FIO~~r, Rand Cfi ion TownM~ p, mpg, eti3il05 VOL &3 PAGE ad-3 pow8of13 T451434SI FX (1) ter is not aware of any material defects to the Property ex txpt as stated in the attached p ro perty ition Statement. (2) S ( ler is not aware of any of the following, except as described otherwise in this a b f ny su sur ace- structures, pits. waste, springs, or improvements; any pending or threatened litigation, condemrratiorr, or assessment affecting the Pro ert Ec p y; any environmental hazards or conditions that affect the Property; (d whether the Property is or has ever been used for the storage or die or disposal of hazardous materials or toxic waste, a dump site or landfill any uncle t ks Ee , an or container,; whether radon' aft" inSU18GOtt Of .flte prDafing, urea-fbrmakishyde foam insulation, read-based paint, toxic mold (to the extent that it adversely affects the health of ordinar nts) h f , or ot y er pollutants or contaminants of any nature now exist or ever existed on the Pedy; ( ) (g Cher wetlands, as defined by federal or state law or regulation, are on the Property; and r threatened or endangered species or thei h i (D r ab tat are on the Property. any exaepbons to (&Hg) In Paragraph t l or an addeirrdum. ) B. Each e lease Suer is to famish to Buyer under this contract must be in full force and effect to its terns v+Mhout amendment or modification that'is not disclosed to Bu er Buyer y ose, in writing, to Buyer ~f any of the following exist at the time Seller ~ Seller provides the leases to t s3Ubs V (1) en @g ly. OCCtrf before t~OBNyg; Seller to provide copy of Sign Lease, Exhibit "E." od'dications amendme t d f (2) an , n s, or e ault by landlord or tenant under the lessee; lure by seller to comply with Sellers obligations under the leases i (3) an or ; rcurristances under the lease that entitle the tenant to terminate the (ease or seek any offsets a 4) an ges; of the leased premises by a tenant; (5) any an sums paid by a tenant under the lease; any' bonusesp free rents, mates, brokerage commissions, or other matters that affect : slid (7) , under the that d fined or encumber e o for e , except as security s) assum d r taken Nect to under s candy- 19. NOTICES: hand-deliv notices between the parties under this contract must be in o a when . mated by certified mail return recut g and are of re ue ted add to the ssi q s , or sent by facsimile transmission to the or facsimile numbers stated in Paragraph I. The parties will send copies of any notice h s t e ply to whom the notices are sent, 20. FEDERAL. Wads to del' REQUIREMENT: If Seller Is a 'Yoreign person" as defined r at dosing an affidavit that Soler is not a by applicable law, or Seller ers th ~ fi°^~9n sales withheld to p on, in Buyer Trip withhold fn rom the at dosing any amount sufficient to comply with applicable tax taw and deliver the amount Internal Revenue Service (IRS) together with fling - , awe tax forms. IRS ulations if currency in exoess of specified amounts is reg require received at the transaction 21' DISPUTE related to s . SOI-t1TiON: The parties agree to negotiate in good faith in an effort to resolve any dispute contract that may arise. ff the dispute cannot be resolved by ne otiati a mutu y g on, to mediation before resorting to sibiti~ation or Ntigation and will equally share theepaes ~ooe s will mediator Thi ~ hWO . s paragraph survives termination of this contract. This paragraph does Party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEME OF THE PARTIES: A. This co perrnitt cd is binding on the parties, their heirs, executors, representatives, successors, and signs. (TAR-1802) 243-M initialed for 1denfifrce6on by Buyer Seller . ~z.--- Page 10 of 13 i ProduelA wlh Z9Fam- by NE Fm"sm L LLC SOM FOwn Wa ftod. C"w Tm,,, hfp, m4h,r096- (A00~ 363 9A05 r4514945.zFx VOL 0 PAGE -2a q kAXWeraai L;on+ct - Unimproved Property Conceming nwy li, rsryan, exas, a.oo Hcres B. This cc i tract is to be construed in accordance with the laws of the State of Texas. C. This cc i tract contains the entire agreement of the parties and may not be changed except in writing. D. If this ntract is executed in a number of identical counterparts, each counterpart is an original and all c ounte , Collectively, constitute one agreement. E. Buyer _1 may Y may not assign this contract. H Buyer assigns this contract, Buyer will be relieved of any re liability under this contract only if the assignee assumes, in writing, all obligations and Wity Buyer under thts cQlltf d F. which are part of this contract are: (Check all that apply.) J (1) rty Description Exhibit identified in Paragraph 2; J (2) nancing Addendum; 'a (3) rcial Property Condition Statement-, J (4) otiee to Purchaser of Real Property in a Water District (MUD); ;-3 (5) endum for Coastal Area Property; :J (6) dendum for Property Located Seaward of the Gulf Intracoastal Waterway; =..I (7) for Unimproved Property in a Certificated Service Area of a Utility Service Provider, _I (8) (NOW fbrfl►9TexasA:saal ta(RMMRMrTAMibisdwnninodfliedawarflralbregaftaddwdmMich pro ey free 7-w" fta/F.sws caerirTa m l wq orpm~ by TAR ass apprap/Ima forum oft flits kwm) 23. TIME: Ti is of the eesence in this contract. The parties require strict compliance with the times for If the last day to perform under a prevision of this contract fafis on a Saturday, Sunday, or Legal . the time for performance is extended until the end of the next day which is not a Saturday. Sunday, or at horiday. 24. EF NIA DATE: The effective date of this contract for the purpose of performance of d obligations is the date " psam agent receipts this =*ad after all parties execute this corftcl- 25. ADDITIONAL NOTICES: A. Buyer S Iwo have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer be furnished with or obtain a tide policy. B. ff the rty Is situated In a utility or oter h statutorily created disW providing water, sewer, drainage, or flood facilities mid services, Chapter 48, Texas Walter Coda, requirse Seller to deliver and Buyer the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district re final execution of this contract. C. If the P rty is not located within a municipalitys limits or a municipal utility district (MUD) and Is located a certificated service area of a utility service provider (a utility, a water supply or sewer service . or a special utility district organ¢ed and operating urKW Chapter 65, Water Code). $13.257 ater Code requires Seller to deliver a notice regarding the utility service provider to Buyer. O. If the state, to be (TAR-1002) 2-8-02 xty adjoins or shares a common boundary with the tidally influenced suixnerged lands of the 136 of the Texas Natural Resources Code requires a notice regarding coastal area property led as part of this contre d. rrxnaW for won by sayer . , . Serra . PM&ONd wihZoFam by RAE F*wW4 r, UC iS=FftM IAN ftK C&ftn'FOWO , -fef W X0005. (x001 M Y M Page 11 of 13 T4514945-M VOL ~3 PAGE c~e) I - - ~h+c~OF %AH"A nary . -1yan, i exas, `1.00 Acres E. ff is bC4*d seaward of the Guff Intracoastal Waterway, requires a notice r+egaroing me seaward Wation of the Properly to be Texas Nat fnCWW 8 as Resources Of this F. If rOa e is located outside the limits of a municipality, the in ~ ~ Property may now or later be included in t E (om') of a n x**oft and may now or 10a be subject to anrowthn by V pia ity mur ioipaliity maintains a map that depicts its boundaries Tj. To deter ins if the Property is located within a m~ty's ETJ, and Epa To Buyer bcab in. the general proximity of the Property for further infonnffl ahvufd t ic~ariries G. Ors not quOMW 10 nts, or insperc#ionc tPelftrn Property o dafsmtino surveys, engineerir~ >~,rdn~, rnerrtat ho, or in compliance with zoning. govern ne~ntal regulations, or laws- bility ul of experts to perform such serWces. Selection of inspem" and n~pairmen is the Buyer and not the brokers. 26• CONTRA AS OFFER: The exeaaicm of this contrail by the first Party constitutes an offer to buy or self the -I Y. Unless the other party accepts the offer by 5.:00 p.m., in ft time zone in which the Property is November 8,. 2004 the offer wig lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agnts make no Wonrntsn legal sufr~by~ legal eta or tax cis doe ptfon or transaction. ULT you attorney BEFORE signing. consequences of this document or BuWS Seller's Attorney Is Cryan Aftney is Buyer Brazo or - Primed Name: Moe: Buyer. Printed Marne: my c% Judge Randy Sims- Seller Jacqueline A. Cryan By: eel_ PMW Name: Jacqueline A. Cryan isle: Seller: ter: Printed Name:... - - roe.- roe: (TAR-18M2-&M Page 12 of 13 Plums v111 AFO-- W RE Fa wWK LLC IgM FiWn Mls Rp„} Co.." TowiMNp Mk"0.l "00)MOM r<sr4xeszFx VOL 63 PAGE AGREEMENT BETWEEN BROKERS fee ~ s l r agrees to pay received. or - % of the sales Price when the PC 9 Broker) a Now agent is authorized and B mkees fee is between b Agreement men Brokers supersedes any Pnor offers and from PrinCiriat Brokeez fee at am. a for compensation 4566*i Broker BY., By. Escx~w ESCROW RECEIPT :1 c=01 A. the ck~s receipt of. J B. earned the in amount of3 - (effective date), on in the f&M of Escr A4W Address: - By:.. Phone: : Fax: -'OZpF-- by RE F-r,WK UC IMS F91. Mas Road CiAoa Tp 1 ie05 PSW 13 0( 13 T4514845ZFX VOL 6 3 PAGE ~ a/ E38I8=T I!,W H!lin~ t.. 10.033 acre Padu6ah, Zmen find being B>aiI~1I>0fit - the Fxank Jr. Tina of 8ta T8»t 8 6 at an angle-, =BaCi t 8 71 rod met for t 8 6 iron rod fou ~t S 63 Hwy. Wszkor. i TssffCRI S 5. Iran rod not Brazos- Counts 22==t F : 1 to a 1/2* 'S', Ci t N 6 found at the TlL1 COS 8 2! 2 Block 1 of - T8811Cit. 8 ralinec tin that certain tract or-parcel of land lying and being situated in the STlan A-9,..31cazos..County, Texas and being an of that 9.88 acre tract (called r Crnveyed. to Rd*rt Dupre by First Federal Savings and Loan Association of recorded in Volume 910, Page 235. Official Records of Brazos County. Texas es follows: - a 1/2" iron rod-found at the most southerly. common corner of-this tract and ` iuec, Jr.? 5.0 acre tract (186/535); same being in the northwest right-of-way MW. 21; 18' 00* N 100.00 feet along said State Rory.. 21 line to a 1/2- iron rod not iIIt; . 3.9' 00" Q - 95.00- feet Continuing along said State Hwy. 21 line to a 1/2" iron L angle point; 41' 01* W - 195.95 feet continuing along said State Hwy. 21 line to a 2/2* Ifor an angle point; 441 58" X - 315.86 feet continuing along said State Hwy. 21 line to a concrete nand for fn angle point; 04' 11* U 627.00 feet-.continuing along said State Hwy. 21 line to a 1/2" Lt' the most southerly common, corner of this, tract and Lot 1 Block 1 of the Cvmplea Phase Two (2306/271); 02' 240 W - 402.26 feet along the common line between this tract and said Lot an rod set at a common ell corner of Said tracts; 218 42" 3 1031.52 feet COntinu along said common line to a 6-fence post esmon corner of this tract and Lot 2 Block 1 of the Ramirez Addition J418/555); 38' 18" 8 -232.77 feet along the Common line between this tract and Lots 1 and a=4 z Addition-and said >Calinec tract; 54' 15" 8 - 300.74. feet a).ong the common litre between this tract and said to the PLBCi OF UUMMU; and containing 9.88 acres of :land, more or less. COA 4 1TWUM FOR TITLE INSURANCE SCHEDVLE A Effective Augud 2, 2004, 7:30 am issued: August it, 2004, 3:30 pm No. or pile No. 527023 l . 71 i Gy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T-]) (Not applicable for improved one-to-four family residential real estate) Policy A.mom: $475,000.00 PROPOSED INSURED: BRAM COUNTY (b) TEXAS RESIDENTIAL OWNER POLICY OF Tnu INSURAN CE ONE-TO-FOUR FAMILY RESIDENCES (porm T_M Policy Amount: PROPOSED INSURED: (c) MORTGAGEE pOI,ICY OF TITLE INSURANCE (Form T-2) Policy Aumm: PROPOSED INSURED: Proposed Borrower: (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Farm T ,2R) Policy Amount: PROPOSED INSURED: Proposed Borrower (e) : MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Pom T 13 - ) Binder Amoug: PROPOSED INSURED: Proposed Borrow (f) er: OTHER Policy Amow: PROPOSED INSURED: 2. The in the land coveted by this Comtaitmcanc is: Fee simple 3. JAC to flee land an flee Effbct ve Data appan A. CRYAN to be veatcd in: 4. Legal Ition of the land: Fi that eerbk tract or partd of band be* otm W 6e the STRPMW F. AUSTIN LEAGUE No. 9, ~YTcaam aad ~ s~ tLad 9. acne trio ( p l 1 rst F ~ p et 0.0;1;1 acm) Mn7ed to Robert Dopm by °'d 4'Om' Pidpeah, Keaetu in YeMme 9110, Page 235 Brazos may Texas and b 00ld d 3 d , , ta pig eaertbed ai Pollaws: ' Titk L~srante Compaey See Continuatkw Page 0-' VOL 6,3 PAGE aa2 9 No. s2~az~ 1NN1NG: at a 1/2" bran rod farad at the moat mutbwly as coraw of t* G. trWag act (18615.35); name fan the northwest rigk d wsy Moe of State Hwy. 21; the k J. Kaltucc, NCR'. S 66° IS' 00" W -100.04 feet 011048 add State Hwy. 21 line to a 1/2" itOu rod aaet At aft angle tom; VCR: S 780 39' 90" W - 95.90 feet coutbmkW alon Ind gtate $w,y' 21 Um t4 p 1/211 1004 reed set for see szkde dCCE: S 00 41' 01" W -19595 feet cOmtkam)g atbl Sttett 8wy. 21 lim to a 1/2" trap rad found for 0101 POW; CE: S 62° '44' SB" W - 215.86 fat ~ along add State $wy. 21 line to a cep Irvy. ,fawn for ~ per; S S9° 94' 11" W -627.00 fat =MftWWI man corner Of rids tract and Let I No I ,h Mkft ~ State , 21 X" 6o a 1!2" AM reed set at tie MW ' Coutety Complpk P1ae Two M"/M); N 29° 92' 24" W - 40226 feet along the eoenmam Alse between Us tract and m atd to 1 to a W. ad a, Corm= Co CWQW at edd trader rod bron N 600 21' 42" it. 1031.52 fdct co*knkg mb% MW Comanun gae to a i feraoe coraer of Ob trAet and Lot 2 H1oek I of the RANNfrex Addtttm (412r.;Z); " pot food at the S 296 38115" R .232.77 M* sift dw common Oft between ttds tr01ct and Lacs I and 2 Block 1 of AOddk$m and add Kaltnec tract; E: S 680 54' 15" E - 300.74 fat alooq the cOMINI44i Me between tide tract and sald Kstkw bad to the. OF RE(,DMNO; and "Wakft 9.88 acres of land, more or teas. i luw xttle COMpM unee Z p9ge VOL (3 PAGE c-23 COMMTXMpjgr FOR U= INSURANCE EXC':EMONS FItOM CO VAUGF, in the F,xclusions and Conditions and Sti mmveys' resnltnmg T ra: Putatitods. your 1'aliey will not cover loss, casts. fees, and expenses 1. AJ.L discrepolzift, Conflicts, or Amiga of iMproveMAmiga area or boundary risen, or my e=mctvncM or Protrusions, or any 3. H or cotmunnity property or mttri y) vary ulp rights, if anay, of any Vam of aqy fIIXIMed. (,Applies to the owner Only), 4• An v tales or d*ft asserted by oth e, arryonc, itrclutiittg, but not iitnited to, cotit;es, parse, the pubik, Corporadm, its or ~ to tide>mds, or lamds va or ocems, $ the shot+es or bads of navigable or peace rivers Mid uteaaams, ores, bays, b. to lands beyond *e line of harbor or bundmd lines as atablisbed or c migd by SOY Bmaacnt, ar c. to filled in lands, or artificial islands, or d. m statutory water rights, including rt*Aim doft, or e. so the area enertding fi- m than line of mm low tide to ttte line of ease~mgor 4long and across that area. or Are rights of access to drat area or ( m the Owner Policy only.) s• foes, 10"and and messments by m' c "If" MY for >hc ytw 2904, and a6 equent yan: and tauccs by any kligg submquent aOmritY for Piw Years due AD dMa In land vwW or ownership t7 , but sat tt aa,e taus at 1" ar *W PnW Years bscaoae of exemption Vamd Mmum owne of d, WW,,y M , or because of fo~a a p~revltws tai mawer SO.-dom 11.13, yew- (If 1 dbr-y ('T 2R) is mimd, dot ply ,per 'IMbMW -which barn me due Od Tie ShStlb~ ort Blum to ids l'+01 in lien of "for thie year and a*wqam yew- a) table b' Doe of 6. IIIe and of the its creaft your ktereat in the lad. 7. Maser or doccumm r labor eperf~WM d m c oomch on 06 planned bt:1'or+e ,tiffluag and ddiveft foe oleo damtW in &bcft, if dw land is pan policy endear Consftution on IaCerim of the hodttsitcd of Are awio,ex. (Apps to the Mortg glee T"Me LOW ady, and may be dekftd if tuWMcfory evidence ie tnnd1hed $Was 6efana a nor See C'ondmtion Page VOL 0 PAGE -2'31 Continuati of Schedule B S. and ceases that affect the title to the G.F. No. 5274? ee Policy (T-2) only.) land, but that Mortgag h are subordinate to the lien of the iranrircd ~ntM• (dies 14 9. 11 Pauaprr from COV"W and in Scbadak B of GO Tom Short Pacm; Re PID (T-2R). (Applies to Texas Short Pone Reai~al ~ Policy Cr 2R) only. ScWM ~ a Of She B do aPPiy t* the Texas Sbort Residential MactBsga Policy cy (T-2R). S"'°"O $ 10. lb , ollowimg Matters and all terms of the dogameoft or ere this exception.): ~ or °f ~e of the matters (We MM insert matters a. Z""„"b, or cialm's or atsaaents, rant alitrwn by the pnblk records. b. ~ Portion at the property. Ord property W" witbdn the bounds of O, pWW rand or bth n , i C. ~ 716 POWY dos apit Wore thk to did, suq' ail, and/or mtateroi4, in, on, and radar the tm'rty haneln d. TLe aunt _ is an red aud pr"". 1lrere W% VWb tty k &n am ~doa,ot iarlode ~a~l personal arty team. Ow the pwasent ow sui..Wand/or . e. Eturasad uecow by F. r to cwy at *rMe, dadad AUVW Plop 375, Dyed Records of Bed Tesoa, as Muted Z,19S7, recoiled by VWrp , Garrett, ON OR weY "j.& No. by Ga 2972, dated Mw 30, OX OR ~►MOM n eft M-810cerf-W. Donald D. L R~OMW as IWOer"d to is Deed a acwted 1969. by after m. kamoy reoarded In valaime 279, P*ge M Deed Records of BMW $o, XIa W Coam~cB Gsttt+dt 6, D~omild D. GwVelt, R.PJ-S. No. 2472, dated May 30 ' ShOVR Survey by R• *Mhxpnd 1"4, recorded in Vs Voiaeae 676 by AV" A. to POP 921, OMdd R...* o f am. County, T doled Apra 26' It. Mbwd ft*L of Bras" West ' Deed "ed Job' 2. 1984, nxotded in V of c Fie of A. T. ~1, County, Texas. alma c Plop 431, t:f&W L . Gas nol.Mnetai Lease _ recorded In Vohmre 99, OY APO A. , 'M IW Frj&ta Widow 10 WIG* 1w, dated 4, Pup 476, Oil and Gas LMO Rze* at B tom. Texans . pye. knO; Aedpament of meted I8 Vohame S4i, p,~ „pd, of 1tM6er ftMURM6 bm, to 1•oprep Aaeteeso,a, aa Rem* ecrted by I<re., to 'WW C. ~ afft" Teams east of Overtift Drum .1 t halt, eMeWed by of q St PWW ~ Ioc. ft h4p 470, S2S, plfleW Rexoeyla o[Braapos may' • Sac., d al, dated Autasl 12,1lb. recorded to Vabme 6001. 109Wat to the band wed bo Tom' Rte, If MOY, dauar holder ~>Iwm an and ' or xiri to exercise any 60t to use rim tee ! or to or aeboe rd b WWI OR else land 6, o"kw 9 OROBVID ~ atabe ~develop UM 00 the tats of this Werestg. Policy ~ JNW- at an the d s ' SPM*kwd by the lraI to de!' to the IWpured of add as is --.d "M the Oft of 611r5 f Pafi~T 0 it' W M* b hopred to "Ow" woe" ce odd rigl" u$ as to the land. TAk Company TkW fit Page 2 See Controoatron pjr VOL63 PAGE oZ3d Schedule $ ie. Tk wr Tale Page 3 G, F, No, 527023 *MCNK*Ribm d Oil and Gas law eXecaled by IM WWlace, MIMCdw of the $ of DectIM14 Robin Investor ti T. BAtI, , Inc., dated Ap,18,19113, reesrded is Vohm~e 8719 A t Records of *"w Cops, TI (1„y~ PrOMMY ~)t ~urntim of P+pW U nit, McMwnr T. De 'm" Wcabie No. I Uoit, emailtd by Robin Imeam mb, .Inc., et .i„ doted A 16, VGbme ey ' ~ 09, Deed Rem* of Bnmm Co=ly, T,=s,. . Of 1'bait IM' e' d in fin, b t-t Fwsarek No.1 Unk eoacaged by a" Imo, Inc.. et A dO M MarrW ~recot'i m VGb me "S, P*w 618, CWkW Retards of Bps C~1, of L1. lA~, Agreement encoW by Mdlf=M Petralaao. for, dated 9aptember 12. "n nM of Jd vomm 03, NP 09, oeidd Roe=* of Btu fir, Te=$. 21*16 9 r mWo of a w bddw of am od and pa or mad hstarat hN the mnd Wm*ed bac+dn to mm dse any y"t to we dle anrbm estate by do"bM, P"IMPY or *otdtr, P bWMWV ao Ow hod in order to eaplotre for or O*vdop mid an ' : muter tlp tams o[ CoM OW hIMMN the Immored a low, It a4,1Wa4ained by the bmwW y by Imom of die edoree m ew of said sib as to ft fwd. Goon to P mviMe defmw to the knred in accordimoce wa blond to esderoe ssld dou m to am lord, terms Of tbk PWiey g salt is bx+aaot a Me ' TIUe to said kkrest bas not been kyed s*SWq,mt to the date of the sd'wmmtwma ,C RA of Pftum in Paasemift. (Owner's n* Pb►ifay) CoMpaury Ar VOL &3 PAGE, 233 rr _ COMMITMENT FOR Tl'MR INSt1 "CE SCHEDULE C Your Policy nat cover mss. costs, alto eys. fa 1 a, add B of the ~ Mulft fi-Om die Ulm* ~ that will Policy, ttoless You dispom of drew means to our befi~e die dare the appesr Policy is issue issued: creating yawn We or imam must be spptoved by us and must be 2. S+tory cvidwoe std, >''ixed and filed for record. must be provided that: 3. 4. IL 7. a. p no Mrsoo lc Aocco""og the lead claims MW he= m that land agaiost die persoos ntmted in Pm'aSralth 3 of h. all atOO&Y fees, taxes, assessments attd cj1mrgca against tho property have been paid. C. A nom, labaor repairs +ers and~aulM b m been . sad that all coarsclors, liens haw soachied to die pt'~Y, aod do no macketdc s, Wxwar a or ~i~ouest's d. thorn: is legal right of access to ad froda tits Itud, e. (on a Mor4ppe policy only) trWetions hwe not Of dw bored ban and wiU not he vlolatcd *M affexx do validity sad prioriy You PRY Me seller or borrower dte atrew smom>dt far your Property or iatcr+M. Any , lien or other matter dust may 49CM tide to doe land or kenest ice, d~tat arises or it lined off date COMMItOw. after the et ectivc we tax cerWicistes on the subject VrOPuAY *Dwfvg sail rants paid up to stud hneloft Ow yew 2003. Me [ar record = release of vendor's c Y Me A. ~ d a r Z7yy am retahmed ;i2 Dftd =NNW by Frisk J. Kamm sod &M Nounee, and addiffnevelb the 60"M of Fnuk J* steed by m Dud ~ In Whom 2M Pep A. + OMcW R n* j Ux ( /*.~Kskna. ~ Mr"eahm Yj, IM reemr*d' is Vejame C*yms ~Pur~ ts . r amps 60100 ~ In se a~" of '..`rWl x x~ 4 OMdd moods to e+eftect the macibd ststoa or dVWwe W wM be re"Ired hum mV pvMW or jonner, CC ese "MOM Of JACK A CIIYAN. Alta a who may have had sm la fide I"MW hm & ~ • and Ana~ia the b~tnR or Tlcor Mae Ins as amp, CauatoralIp cd L T of &ssae ray Attllmrized signature VOL. 63 P IF -?3'1 COMMUENT FOR T,E VMJRANCE SCHEDULE D G.F. No. or c No. 527023 Effective Date: AUPO 2, 2004, 7:30 no Puraaaat to the of Rule P-21, Basic Mawd of Ruks. Rates NO Forms for the writs fo0owig6 disck are made: writing of Title Ltsttraace in the State of Texas. tltc 17te iuxlividuaia are directors and/or Oft3cxrs as indicated, of the Title hw&ance Company iuWng this Cormitatent: 71 TP1'LE 11 M3tANCE COMPANY, it Califam* CapWaom The, ofd . CHI TITL F AND 'CRUST' directly or indirectly. tea (10',x), or mm of the altar es of Ticot Title Insta~aaco COMPANY, as Illinois Cwpomioo, Campoay; Toe of Me Dia»u■ of liar Title Abbkmft Ann U- CeMy Wt ' Mamw Bttttm J. R WAN" T. Halvorsen Jdm B. Ran PVIW Vida Chial 2. THE 3. . You are You are Peter G. Lempgtt Pad T. SW& Ir. and Vice Piet FACt: Onker a for lobo sommmy Arad dw heasmw of rxw Tw 1~ Rau WWROM Cry: Went and & aruary: awwvbw Amba to a Wt"1ivM T. HAkWSM Jr. vial Offam: Pad T. l tends, Jr. Puler G. Leempme Lowl" DISMp M ARE MADE BY TM "M MURANCE AGENT MUM MM UMWT: UM" ANT & ~TOht: JAY DON WA1 SON JS CU ER. L ~ PREIMT & DnWC rOR: BULLY M. PAYM 'N.DH 1I.DER. "CB PROMENT ' SBCRBTARY. AStIR$R Ac b>Ri3('1VR: WALTER 3 CAMP1iFLi, D.BtEC'PO)p;: XMAS A. MAI.ECIiI~ 1II MW to receive advance disclame, o.+clleanew t rdaoes. UM ytaar tegaw, tadt clanae wilt be d w% rho P%mwd p Iich this ummed" ty emu f"" rho aetttetnatt of 6b Mmuction WE be ftdmed tts Additionally. closing or woeraew the a" of fim or aorporatioa dter Athised that the estimated We pep• is: RwMempolicy 52,'141.00 1 Poiy $0.00 Of dis 1S.(*% will be id to the policy J=bg Tide ' and the ramatittder the estittu wit ~ta~aurance : 8$.00% will be mbined by the imkV Title Mid to cow p&rdw as foilaws: A7 lu to" . This Commitam it oW JAY DON WATSON _ CLOSING MMVI(~ Pmaa" wtn ~ d to as as of the date of this CO--k--- far Title laataaave. FiW doming in Acamda ze with ttte Raks and ReRayti= adopted by the Slue BwM of anletls the huriag provisions and S&AII, A. B. and C are attached. rww Tkk InmMioOmee CCMIMY L VOL 63 PAGE 236 DRILE N OF ARBITRAMN PROM CIN (Not Applicable to the Trans Residential Oww Policy) houllo e a eomrmou form of alte0ra dw dispute mwlatiou. It can be a q"W WA chaW tneasm m settle a dispute with Nowevar, if yQe, agree to wbltrawc, you give TAP yaw right to tales die Tide Comm to am and yowr d ~ sow evidwCe MW limited m the arbitration process, in addition, you 0anpnolt wnalUy WXW an arbitrwar's award. t diaeovery of Your Policy an. arbitration pmvision (ate below). k albrnl you at the C.QRq=Y b repro, a w"pldtd m if Ste amonut of otawnnoe is $1.000.000 or . If you want m 10911n your night to sae die Company ba aloe of it d aebitratiod beti<are ~ p~ ova a claim. you must rraiaest deletion of I* is hared. You can do Ihia by signing d* fmw and narmiag it to the Caanpuy at or bethre the Closing of your real . or by wtitisg to she Compaw. The Aft=64 Orwision in dw Pblicy is as faUowa: 7 prohibWd by applicable law or unless ft tabbration sechou a 4deted by Vacitic pv4'wm in Sdkdde B of this policy. floe or We I mvW may demand arbitration purs0ttatt b the Tide LreUUM Arbitration dRnles of the Ammium AdVatloo car Ad*mbk matters tray include. but am ant lkwhed oo6 aW t~owaretsy at doom 1, m i q oa the Qorpp W and dIg > AMW of a rooting to d* Policy. and mvdom ergo Coq pww in caunweion wilb its knOm a ar tore breach of a pvlixy prwial on oa odw r All arbi~ie matters when the Amount of kINUMM is SIAM.000 or less SRALL U arbitrated at floe wpm of Compagr or the hwared. unless the Insured is an ludbidmal pesaou (as ion or abler legal entity). AN arbitrable man when dw Amount of bwmw is in Oman of $1doll tram, ~ mob' agreed to by bole We Company and the loaded. Ad*m iom puraarat a dds Policy and radar do Rules in effect as Ire dale Ibc and for a bktation is male or. at to ~ of die Wand. tie iRoks in elfxt at die Dale of Policy spill be biadi*S npom the TM awsad aeay kcb de atmrtiays' fiw only N tdw bm of do shoo in wbkk The land k loaned pWW a,~ 18 awo f~ party. Judgment upon obe arrn nxidared by die Arbihabr(s) may be entered in any court havkg Ind dieve The of the aims of the I nod"apply to an arbitration %Mw floe Title hu maaee Aft ration hailers. A of do Rules may be obtained front the Compm rpm regws," r m4aw deldn do Arbitration provision. oft Ticot We Cowpaw VOL &3 PAGE ~3~ Like j~ind Exchange Selle and Purchaser each acknowledge that each may desire to effectuate the c sing by means of an exchange of `.`like-kind" property which will quali as such under Section 1031 of the Code. Each of the parties agree .that, Seller or Purchaser desires to proceed with such an exchange, then the o ter party shall cooperate to effectuate the exchange; provided, how er, as follows: (1) th other party shall not be required to incur any additional expense of 1' ility on account of such exchange,. (2) n arty shall be required to take title to any property other than the p erty to effectuate such exchange, and (3) th party desiring such exchange shall not be relieved of any liability er this Agreement. If !ith(r party desires to proceed with an exchange, such party shall give prior written notice to the other party. 4 VOA 63 SAGE 3 7 MaiTOrT r ID" FAX RIDER its Fax Rider authorizes the use of a facsimile machine Fax in the negotiating of the . ntract for the real estate known as which this rider has been attached and made a part thereof. The parties agree to such use the interests of expediency. trefore. the undersigned parties agree as follows: L For the purposes of negotiating and finalizing this contract, any-signed. document (including but not limited to this rider) transmitted by fax machine shall be treated in all manner and respects as an original document. 2. The signature of any party shall be considered for these purposes as an orignal signature. 3. Any such fax document shall be considered to have the same binding legal effect as an original document. 4. At the request of either party, any fax document subject to this rider shall be re-executed by both parties in the original form. 5. In consideration for. promises- made and value received hereunder, the undersigned parties hereby agree that neither shall raise the use of a fax machine as a defense to this contract and forever waive such defense. W Date, Y , Date VOL &3 PAGE,-.2-38 THE LAMAR COMPANIES Renewal Lease No. 565 THIS ASE AGREEMENT, made this /o/ day of 2004 by and between: EL CRYAN ("Lessor") and THE LAMAR COMPANIES ("Lessee"), provides as follows: WITNESSETH "LES R hereby leases to LESSEE, it successors or assigns, the hereinafter descriW,prenises for the maintenance repair of an existing outdoor advertising structure, including necessary advertising devices, power le s, with the right of access to and egress from shucture by LESSEE'S employees, contractors, agents and vel 1, le& and the right to survey, maintain advertisements, or other activities nwwary or useful in LESSEE'S use the structure to be situated at the location as described below." The 1 premises are a portion of the property located in the County of BB State of Texas. more particularly des bed as: 1700 W SH-21, City of Bryan ! SFA # 9, Block 34, Lot 2.1(TR-213) Acres 9.88 1. lease shall be for a term of Ten (10) years from June L 2000 and ending on May 30, 2010 unless sooner Urmina" as der provided. After the original term of this lease, it shall continue from year to year unless either thby shall give the other party written notice of noureuewal at -least Sixty •(60)•days..prior..to.-the expiration of current term 2. L shall pay to LESSOR an annual rental of One Thousand Two Hundred- ($1,200. 00 Dollars,.. p the ayable in advance Rent shall be considered tendered upon due mailing during reasonable business hours at by LESSOR Should LESSEE fail to pay rotor perform-any. other. obligation, under this lease within T :10) usiness clays after such performanoe is due, LESSEE will be in default under the lease. In the event of sash LESSOR must give LESSEE written notice by certified mail and allow LESSEE Ten (10) business days r to cure any default. . 3. L OR agrees not to erector allow any obstruction of the view or any vegetation that may obstruct the view of LESS IS advertising displays, on property owned or controlled by LESSOR LESSEE has the right to ftWc ut brash, vegetation to maintain view of sign 4. EE may terminate this lease upon giving Sixty (60) days written notice in the event that the advertising becomes entirely or partially or its advertising value has diminished. If LESSEE.is prevented from ning its advertising structure at the leased premises by reason of any final govenunental law, regulation, other action, this lease will terminate immediately. In the event of termination of this lease prior to expiration, OR will return to LESSEE any unearned rentals on a pro rata basis. S. , equipment and materials placed and existing upon the premises by the LESSEE shall remain the of LESSEE and may be removed by it at any time prior to or within Sixty (60) days after expiration of hereof or any extension Al the termination of this lease, LESSEE. agrees to restore the- surface-. of the leased ses to its original condition The LESSEE shall have the right to make any necessary applications with, and is from, governmental bodies for the construction and maintenance of LESSEE'S advertising structure. All permits shall be the property of LESSEE. 6. L OR represents that he is the Owner of the premises described above. and.has.the.right.to grant LESSEE free to the premises to perform all acts necessary to carry on LESSEE'S business. -In the event of any change of o ership of the property hereby leased, LESSOR agrees to give the new owner written notice of the existence of thi lease and to deliver a copy thereof to such new owner at or before closing In the event that LESSEE assi lease, assignee will be fully obligated under this lease. VOL ~~(zEs 7 In a event of condemnation of the subject premises or any part thereof by proper authorities, or . relocations of roadway, the LESSOR grants to the LESSEE the right to relocate its structure to a mutually agreeable site or i ESSOR'S remaining property adjoining the condemned property or the relocated highway. Any condemnation a for LESSEE'S sign structure shall accrue to LESSEE. 8. L SEE agrees to indemnify LESSOR from all claims of injury and damages -to LESSOR. or third parties caused the installation, maintenance, or dismantling of any advertising structures or displays during the term of this 1 and to repair any damage to the leased premises resulting from the installation, maintenance, or dismantling of h advertising structures or displays, less ordinary wear and tear. 9. LE OR agrees to indemnify LESSEE from any and all damages, liability costs and expenses, including atto 's fees, resulting from any inaccuracy in or nonfulfillment of any representation, warranty or obligation of LJIF SOR herein. 10. SOR may terminate this lease upon sixty (60) days advance written notice if the property is sold or l t d d developed ren a return any unearne OR agrees to provide written evidence of such sale or development an due at that time. 11. lease is NOT BINDING UNTIL. ACCEPTED by the General Manager of a Lamar Advertising Company. 1 EXECUTED BY I R IN THE PRESENCE OF. B : C Jacqueline A. Cryan Witness Lessor's Printed Name x /m _LL P O Box 790 Witness Printed me Sealy, Texas 77474 Lessor's Mailing Address (979) 885-6262 Lessor's Telephone Number 452-70-2618 Lessor's Social Security No. EXECUTED '44iJ OF: THE LAMAR MPANM LE E BY: Ed Staples, V. P. & General M ager DATE: MAI A), zfba- TEXAS DEPARTMENT OF FAmELY AND PROTECT PLAN CHANGE FY 05-01 Marg et Lalk Braz County District Attorney's Office 300 st 26`h St., Suite 310 Bryar, Texas 77803 Re: FY 05 Title IV-E Legal Services Contract Contract Number: 2003074030 Plan Change 05-01 Effective Date: September 1, 2004 # /3 The partment of Family and Protective Services (DFPS) and the Commissioners Court of Braz County entered into a new contract effective September 1, 2002. This contract has been amen d 0 time(s) previously. The Department and Contractor agree to the following plan chan to the contract. This plan change is effective September 1, 2004. The purpose of this plan change is to incorporate the attached Title IV-E Legal Services Cost Allocation Plan and Budget for FY 05. The a ched Cost Allocation Plan and Budget is incorporated into this plan change for all purpo s, reflect the changes affected by this plan change for the contract period September 1, 2004 ough August 31, 2005, and supersede those attachments to the contract and any amen ents, for the contract period covered by this plan change. PR DEPARTMENT OF FAMILY AND ~TIVE SERVICES VAL: Sheila Orrick Contract Specialist BRAZOSCOUNTY COMMISSIONERS' COURT APPROVAL: Date Randy ms Co y Judge Date lcal 14000 SUMMIT DRIVE, SUITE 100 ♦ P.O. Box 15995 • AUSTIN, TEXAS 78761-5995 • (512) 834-3201 VOL 0 PAGE .2y CERTIFICATE OF COST ALLOCATION PLAN This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief: (1) All cost included in this proposal dated to establish cost allocations or billings for 9 /1/04 - 8/31/05 are allowable in accordance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments," and the Federal award(s) to which they apply. Unallowable costs have been adjusted for in allocation costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Furthermore, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Governmental U ' Signature Name of Official Randy Sims Title County Judge Date of Execution i Vaq/ell VOL 0 PAGE 2 V 2 CONTRACTS FOR REIMBURSING LEGAL COSTS i 1. Name of G 2. Federal En 3. Address of MARGARET ] Name Street 4. County J RANDY 1 Name 5. County _KATTE Name TEXAS DEPARTMENT JIF FAMILY AND PROTECTIVE SERVICES Title VOL (o3_.PAGE .213 i aty: BRAZOS COUNTY foyer's I.D.# intact Person: or Texas Vendor I.D.# 1746000433021 ASSISTANT DISTRICT ATTORNEY 979-361-4320 Title TEXAS City State Title Phone 77803 Zip Code Phone 979-361-4350 Phone page I of 4 0 log O ~Tq H 1~U r ~ U O 0 ra; IR w fuu 1~ 00 ID 0 A o w GU ~H a ~W 0 z • H V] E-r ►-7 A w vwi d'tYi 14 z F ...4 H H ~ 1.0 N M 6 N H rn O I O C O 0~ W A I r ao f=+ W 6 a E w~ o O ~ Ha n o w W N N o \ A 9` H I % >4 t, A DC 11 II ep v~ o 00 z H E ~ M ~ u'1 DC>C a a O O M ~ 00 t- H a w a C Y) co C.0 T7 ~ ~ H w E W W tk H H d W ~ ~8 x ~ ° ~ x W a cL E-+ W w o AE+Ix o a`S 1-4 U r W U O O H O W H U a C~ ~s~a Q 8 o ~ W E- A H E b E-4 W U) U) n a LTA ~ ~ w y H ~ o ~ W H z0 W w G7 E- W =J W H . C4 x O U) .rq N H N P4 ca a N Q 1 ~O C N U J N _4 rl o -4 Lr) 0 0 N CM • I 86s y O .moo ~ o a tv)x U o d U o, y y~ E„ ~ ~~3x~NO VOL 6-3 PAGE X44 -y 11 w 411 N ~ a~ I 1 N 0 N c~ a W con in. a O p~ a A c~ 0 R W h ~ ~ V U ~ a N Q a~ a~ UQ H ~ U Ov U~ 0 Aa I i i i I i i I I I i I I i i I i i i I O U i I I O w I i 'd I I I I A i i O F L L W A O U~o H O O O O O O O N O i O O -7 N 00 O cn I~ i N 1 t 94 1 f t ~ A A ~ z a z z w w w w ~ b O O c 0C7 O t K • a PA ; C4 cl, C4 ~ 06 p N cl, O N o o z z o F En En f U 14 Z4 O F o pW z cn w cUi~ A z C) O F-I E- ~mq x W o G ct U) H a H z H t OU t>ti O C ~ ~ ob Z U C F O U Z H H U ~ H U F H H ~ 4 w a R U U Ri O O ~ VOL ~3 PAGE J 4S 7 7 7 D 4 a t t i a a a a i a 1 i i i i a a a N G a 7 a a a w 0 M d a. Indirect costs: PI t e describe the basis for any indirect costs below .During FY 2004, the Brazos County Commissioners' Court adopted an indirect cost plan prepared for razos County by Vertex. The plan was prepared in accordance with OMB Circular A-8 land was based on actual FY 2002 expenditure information. The consultants determined t t the indirect cost rate for the District Attorney's Office for fiscal year 2004 is 1.86%. Therefore the FY 2005 estimated indirect costs are: (79,733 + 19, 50 + 2171) X .4186 = 42,594. Average Percent- LHIM of Title IV-E related Foster Children: To be supplied by Region Coordinator. -71 Name of person p paring this plan: Margaret Lalk' Telephone Numb 979-361-4320 PLAN APPROVED BY: TDFPS REPRESENTATIVE DATE TEXAS DEPARTMENT FAMILY AND PROTECTIVE SERVICES page 4 of 4 VOL 63 PAGE q `X- R r; t Vr ~d. BRAZOS COUNTY, TEXAS FISCAL YEAR 2004 CONSOLIDATED LOCAL CENTRAL SERVICES OMB A-87 COST ALLOCATION PLAN And INDIRECT COST RATE PROPOSAL Based on Fiscal Year 2002 Expenditures CERTIFICATION STATEMENT This is to certify at I have reviewed the cost plan submitted herewith and to the best of my knowledge and belief- (1)All costs 1 for the fiscal year ending September 30, 2002) included in this proposal dated April 22, 2004, to establish st allocations or billings for the period of October 1, 2003 to September 30, 2004, are allowable ii ~ accordance with the requirements of OMB Circular A-87, "Cost Principles for State, Local, and Indian ibal Governments," and the federal award(s) to which they apply. Unallowable costs have been adjust for in allocating costs as indicated in the cost allocation plan. (2) All costs in 11 uded in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relat nship between the expenses incurred and the awards to which they are allocated in accordance with applic le requirements. Further, the same costs that have been treated as indirect costs have not been claimed as ect costs. Similar types of costs have been accounted for consistently. I declare that thel#oreaoinQ is true and correct. Brazos County, Signature: xj. /Cor/E dox A r Brazos County ditor Date of Executi . Indirect Cost Rate Calculation Total Allowable Indirect Costs: $ 7,847,452 = 41.86% County-wide Indirect Cost Rate* Total Operatii Salaries/Wages: $ 18,748,780 *Indirect Cost R40djusted for carryforward calculation VO 63 PALL .2 4? ana Keguiato services - - ---a------° - July 2001 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Federal trparticipants lations (45 CFR part 76) require the Texas Department of Protective and Regulatory Services S) to determine whether each potential contractor has been debarred or suspended or proposed debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(has accepted a voluntary exclusion. Each covered contractor must also make the same determin n for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower in this Certification. Instructions for Certification By signin and submitting this proposal, the prospective lower tier participant is providing the certifica set out below: 1. The c ification in this clause is a material representation of fact upon which reliance was placed when is transaction was entered into. If it is later determined that the prospective lower tier partic nt knowingly rendered an erroneous certification, in addition to other remedies available to the F rat Government, the department or agency with which this transaction originated may pursue availa a remedies, including suspension and/or debarment. 2. pi ( spective lower tier participant shall provide immediate written notice to the person to which this p sal is submitted if at any time the prospective lower tier participant learns that its certifi tion was erroneous when submitted or has become erroneous by reason of changed circu tances, whether the circumstances occur before the contract begins, during the term of the contra , or during the term of an extension of the contract. i 3. The to s covered transaction, debarred, suspended, ineligible, lower tier covered transaction, partici' ant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used ii i is clause, have the meaning set out in the Definitions and Coverage sections of federal rules imple rating Executive Order 12549. You may contact the person to which this proposal is submi d for assistance in obtaining a copy of those regulations. 4. The p pective lower tier participant agrees by submitting this proposal that, should the proposed cover Ithorized ransaction be entered into, it shall not knowingly enter into any lower tier covered transa n with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspe d, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless by the department or agency with which this transaction originated. I Do yo a or do you anticipate having subcontractors under this proposed contract? 1:1 Ye 9 No 5. The pr pective lower tier participant further agrees by submitting this proposal that it will include this cl se titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclus on-Lower Tier Covered Transaction," without modification, in all lower tier covered transa ons and in all solicitations for lower tier covered transactions. 6. A part' pant in a covered transaction may rely upon a certification of a prospective participant in a lower r covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarr , suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that th ertification is erroneous. A participant may decide the method and frequency by which it determ es the eligibility of its principals. Each participant may, but is not required to, check the List of Part s Excluded from Federal Procurement and Nonprocurement Programs. VOL ~3 PAGE a~~ anu Keguiato services July 2001 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts 7. Nothi contained in the foregoing shall be construed to require establishment of a system of records in or to render in good faith the certification required by this clause. The knowledge and info tion of a participant is not required to exceed that which is normally possessed by a prudent perso in the ordinary course of business dealings. 8. Exce for transactions authorized under paragraph 5 of these instructions, if a participant in a cover transaction knowingly enters into a lower tier covered transaction with a person who is propo d for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the F ral Government, the department or agency with which this transaction originated may pursue avail a remedies, including suspension and/or debarment. Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier red Transactions Indicate i he appropriate box which statement applies: Thep spective lower tier participant certifies, by submission of this proposal, that neither it nor its prmci is is presently debarred, suspended, proposed for debarment, declared ineligible, or volun 'ly excluded from participation in this transaction by any Federal department or agency. OR ❑ Where the prospective lower tier participant is unable to certify to any of the statements in this certifi tion, such prospective participant has attached an explanation to this certification. I I Co issioners' Court of Brazos Countv Name Potential Contractor 174 04330 2003074030 Vend ID No. or Social Security No. PRS Contract No. (if applicable) Signal of thornze epresentative I Date Ran Sims County Judge Printe wed Name of Authorized Representative Title VOL ~3 PAGE a q g ~ _,6fimms~ t/ ;,,u et vices Octobot 27, 2004 Ms. L ine Nichols Brazo ounty 300 E. 6th Street, Suite 107 Bryan, X 77803-5327 RE: E TENSION OF RUN-OUT PROCESSING TERMS Dear raine: In accoi dance with the request made by Brazos County, EBS will process any additio al run-off claims received through November 30, 2004. All remaining run-off rms as stated in my December 11, 2003 letter will continue to apply. he charge will be $20 per claim. As of December 1, 2004, we will discon i ue all claim activity. If the terms are acceptable, please have this acknowledged below by the Autho ed Representative and return to my attention. Should ou have any questions, please do not hesitate to contact me. Sincer , ason Weinland Authori d epi Date i i cc: Br da Cos VOL PAGP- AIG LIFE / AIG LIFE INSURANCE COMPANY Incorporated as a CAPITAL STOCK COMPANY by the State of Delal One Alico Plaza, Wilmington, DE 19801 Excess, LLC, One MacArthur Place, Suite 620, South Coast Metro, California APPLICATION FOR INSURANCE COVERAGE Applicant (P Name of Emi Address: Telephone Ni Type of Bush Other Locati If any subsidii name, address Name(s): onsor):Brazos County Brazos County 300 E. 26th St., Bryan, TX 77803 Proposed Effective Date: November 1, 2004 Initial Premium Deposit: $45,521.00 Broker(s): Plumhoff & Ass Third Party Ad Blue Cross Blue PPO Name(s): Blue Cross Blue Benefit Options not included and Plan Descrintim Municipality ❑ Yes ® No If yes, where: r affiliated companies (under common control through stock ownership, contract etc.) are to be included, list legal nature of business. Address: Type Of Business Address: iates, Inc. 1220 Augusta Suite 450, Houston, TX 77057 inistrator(s): Address: field of TX 901 South Central Express, Richardson, TX 75080 Address Coverage Area field of TX 901 South Central Express, Richardson, TX 75080 TX escribe all medical plan choices available to all employees during Open Enrollment whether they are included or Stop Loss.) Included Not Included Coverage For: ® Specific Stop Loss ® Aggregate Stop Loss ❑ Life and AD&D - Complete Life Questionnaire Enrollment at the Covera a Period Includ ed Number of Covered Pa ti i Active Employ le Dependents r c pants Not Included 589 Retired Employ rtheir ible Dependents ❑ Disabled Emplo gible Dependents ❑ COBRA Emplo ible Dependents ® 7 Enrollment By erage Categories Single Employee 1 Family 195 Insurance applie or replaces prior coverage as follows: ❑ Yes ® No If yes, Complete Information Below Name of Comp Type of Coverage Termination Date M20006-TX 1 of 4 L VOL (p3 PAGE. dET/ SPECIFIC EESS LOSS INSURANCE: Included Specific Dedu ble Amount per Covered Participant for the Coverage Period: $75,000 Lifetime Limi f Liability per Covered Participant: $925,000 Lifetime Limi f Liability for Mental, Nervous, Drug and Alcohol Abuse: As Stated in Plan Document Specific Perce ge Reimbursable per Covered Participant: 100% Monthly Pre m Rates payable per Covered Participant Unit for the Coverage Period Single Employ $45.66 Family $126.71 MINIMUM PI 4 MIUM: ® Is the great of 1) the sum of the first four months Premiums or 2) the first month's Premium Multiplied by four. ❑ Not Applic le Specific Cove a Basis Incurred d Paid Incurred d Paid with Run-In Period of 3 Months Incurred d Paid with Run-Out Period of N/A months Incurred N/A months and Paid within N/A months Medical Prescription Plan (Card) Optional Sped Benefits Specific inal Liability IXI Experim vestigational & Medical Necessity Specific h Flow Assistance Benefit A ga g Specific Corridor: 29 Flat rridor Amount $60,000.00 ❑ Mini ❑ Adjusted Name Corridor Amount fic Deductible: SIR 8 Paid (Renewal Option only) Include Run-In Limit of Covered a Limit Of Liability Not Covered ID/Comments ADDITIONS Quota Share Hospital Reim Organ and M20006-TX Limitation Exclusion Endorsement 2 of 4 INCLUDED NOT INCLUDED INCLUDED NOT INCLUDED VOL 63 PAGE aSz AGGREGA EXCESS LOSS INSURANCE: Included Monthly Aggr I ate Factors: Single Emplo $491.27 Family $1,179.54 Estimated Aggregate Attachment Point: $5,124,115 Minimum A gate Attachment Point $5,124,115 Limit of Liabil for the Coverage period $1,000,000 Aggregate Per tage Reimbursable: 100% AGGREGA REMIUM PAYABLE: Per Employee r Month of $4.20 MINIMUM P 7)the Is the great sum of the fast four months Premiums and 2) the first month's Premium Multiplied by four. Not Appli Aggregate Co age Basis: Incurred d Paid Incurred d Paid with Run-In Period of 3 Months Incurred d Paid with Run-Out Period of N/A months. Paid (R al Option only) Include -In Limit of Medical r'"&rl10 COVERED NOT COVERED ® ❑ Prescription D ® ❑ Dental ❑ Vision ❑ Weekly Income ❑ Optional Aggre to Benefits ❑ Monthly A gate Protection Endorsement Premium: ❑ Premi Rate Per Employee Per Month: ❑ Include Above Aggregate Pre mium ❑ Annual vmium: ❑ Aggregate al Liability Endorsement Premium: ❑ Premi Rate Per Employee Per Month: ❑ Included Above Aggregate Premium ❑ Annual mium: M20006-TX 11 3 of 4 VOL 63 PAGE 0S3 The Excess L 11 Disclosure Statement is to be completed by the Applicant and will be attached to and become a part of this Application. INSURANCE FRAUD WARNING Any person w with intent to defraud or blowing that he is facilitating a fraud against an insurer, submits an application or files a claim contain a false or deceptive statement, or conceals information for the purpose of misleading, may be found guilty of insurance fraud d may be subject to criminal and/or civil penalties. The Applicant eby applies for Stop Loss, Life, and/or other Insurance coverage and: 1. Represents at the answers included in this application, the attached questionnaires and the Excess Loss Disclosure Statement have been 'ewed and are true and complete to the best of the Applicant's knowledge and belief; 2. Understan d agrees that insurance applied for shall not become effective until the application for insurance is approved by the Company. 3. Agrees that the insurance applied for is approved by the Company, the Applicant will pay all premium due after the effective date of ins ce, including any premium which may accumulate between the effective date of the insurance and the date the Policy is is d. This Applicatio as it may be amended, will become part of the Policy, if issued. Si a 01 Title 19 U Approved: ❑ Yes FOR HOME OFFICE USE ONLY ❑ No M20006-TX 4 of 4 VOL Ca J PAGE ~ ~I b¢ :;z zz 1 O n Z n a A n jr:: n a) 0 m M, ~ • ~ J~ pm' v v v ~ m 9 ~ 0 d i: ~ m c 0 o ~ a ~ C s:: : Et ~ Q ~ n ~m m w ~ 10 r p i b Ll 7 N + Ig ~ _ • t C 94 a 0 py;;' 0 0 5 .0 y.,. S 4 ~ j - S > : ~ ^ 1 a ~ ~ . m a ~ ~ ~ i1 ~ z V V N i ~ pQ : z C m ~ o m . O g O a Q e ~ 99 a ; h ~a S w' ' S :t s a a >o a gg'• g 8 si' ~ $ ~ O• A S Gi: ~ y, ~ q mm O m om ~ o~oo a~ b y r C R ~ ~ 99 ~ ~ P gat • V ° A y 3 W m VOL 63 PAGE 255 sw a~ 4 o~ ~o A app 'pp~~" O (p C C' j <0 to N CJ1 P " W N O C N K ~ ~ J O O ( (NO tNO O O Wn c- 5- j 0 N C (C X C 0 m O n C_ 0 n ~ N. 7 O N CD (D 0 S O O co ~ 0 N Q p) X C CL O go po 0 o CD Cr (C N 0 :3 viz O 0 voi CD N O n m v 'o O K CD A (D ~occonm 4°v 00 m rF r► N d cc CD b A 01 N N N 0) N D) D) N C) N N tU N N tU N CU N C) N LU ~ > 0 > 0 7 0 > 0 0 0 7 0 7 0 0 0 7 0 3 0 7 7 0 0 7 0 7 0 0 0 7 0 0 0 7 0 0 0 7 0 > 0 > f'~,, , 0 7 = 7 > > > 7 > > > 7= 7 = 7 7 7 > > 7 7 i N G) Z Z Z Z Z Z ZZ Z Z Z Z Z - - - - Z r, ~ O ~ O ~ O N O C) CA CA CA Ul to CJ~ 0 Cn N W O O 0 CA O 0 C A O O O W O O W O O W O Cn 0 O O Nj N N N O N O N O N O O O N CA Cn Cn 0 0 0 0 0 0 0 W N O 0 0 0 O W T Z z Z Z z z Z Z Z z z Z Z Z Z z < o o K K Z W T T T .D o C- 1 C t 0 T 0 0 ` 0 ` m 0 om 0 X m c- C m w ~ ~ v T o o _ N (O V 0 W O N N W W N N N O V O O CN n W o O o O W W 00 ~Wa W 0 W V N W CO O O W O W 00 0 C71 00 O 00 OD OD co 0) W .1h, 00 (D O co O W N W V CA CO N W W O 0 0 V O ((n N C.0 QO) 01 C fi 3? 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Mx N t7~ W N Ui A N CJi A N CJ~ A N o O N cn W N 0 W N 0 W N ~ c N N n 0 N O N CJ1 N 0 N O N CA W O - co N O N 0 N s'G 0 00 CD CD 0 OD O OD W - N V 0 00 ~ V L" n O W W W ~ O ? W V - W 00 O O Jh. -th, V O V W O N O N O v (D 3 O y O N N N O (D O W W 0 O p A (p N W (p - W W O OD A V (D N O) 0 CA N CD 4 O 'r 0 v 00 Cn N) .0- 0 N 0 O L 0 W -4 O En W V 0 W O 0 N W V V W W M O O. - ? O N W -4 0 o - W V - 0 W ? -A ~ N O 0 O C) O O + V 00 CO JA OD o ? CO C O .A. Cn O -L O W (p OD W 0 O 0 ) O 0 00 ? -L 00 CA W N Qe 0) -L Cn V (3) N pp P (D A W O 'p - O W 00 O W A W CD V N O O OD , 0 N 0. N A W W ~ OD Cn ~ ~ O A N A CA ~ N N W W O 0 N 0 " N 0 O 0 0 O 0 W 0 ? 0 N C N -1 D 0 O 0 (TI 0 W 0 N 0 N 0 A 0 .P 0 O C O C Cn "¢t 0 2 O O O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O O O O O O O O O 0, V C O O O O O O O O O O O O O O o O O O O O O O 0 0 0 C O C O O O O O C C O 0 0 O O 0 O 0 00 co o m > cp -n ) x cn --i < o w C: 0 0 < Dn CD Q 0 N 0 O (1) N CD A 0 N O 0) N N 19 CD + (D O > > (D n n i v ~G N N C . (D A► c j cn ;r 2 (n 3 n j N 0 ai O K N N C N (~D N = N N CD O N O C2 O Co 0 O: (D CL 0 7 N tD V V W (n W 0) W _O V V 00 N W W W _O W 0 W 00 W 0) O N W 0) W 0) W CA CA CO 0) T (D S 00 IL W IL W IL IL N_ ~ M k 4 . 0 JL W .1~. ~ JL 6 Vo W - + 0 0 N O N 0 0 - N W V A W W V W Co 00 O W 0 O V O 0 0 0 V ? N 0 0 0 0? VO L 6 3 PA GE X 5 7 i APQRI/A S O L U T I O N S Statement of Work e t Presented to: Br.4 s County Commissioners Court November 4, 2004 Presented by: Richard Gasdia Principal )"'A.) Si /t`sfl f / w;r,(. C, 266-8765 VOL 63 PAGE OSY A P O R I A S O L U T I O N S , Ms Pat H Purchasir Brazos C 300 East Suite 106 Bryan, TE Dear Pat, We are v] 114, 2004 y Commissioners Court Street 77803 to have an opportunity to work with Brazos County. This Stat4 3 ent of Work (SOW) addresses the county's desire for an Information Systems Audit and Risk ssessment and Enterprise Network Audit, Assessment and Design Review. To conduct is assessment we will follow the ISO 17799 standard guideline. There is an additional fee for the assessment to comply to this standard. However, we believe that to reach this standard is a daun g task and may take Brazos County several years to achieve. We will lize industry best practices and people with the appropriate skills, experience, ISO knowled , and credentials as necessary to conduct these services. Aporia is repared to start this engagement in November upon execution of this SOW and payment 30% retainer fee and assuming that this SOW satisfies your desires and can be executed November 15, 2004. Again, A ria is pleased to have this opportunity to be of service to you and Brazos County. We are eager answer your questions and to learn how you wish to proceed. lzamot V v441 Richard ( Principal Zo s C--o1ira p.ger 2 of 10 VOL 0 AGE X59 Confidential rr AP0RI_A_ S O L U T~I O N S Statement of Work IS Risk Assessment and Data Network Review at Brazos County 1) This stat ent of work covers Security and Vulnerability assessment/audit and Network Assessm t of the information technology systems of Brazos County Commissioners Court, Bryan, T as (BCCC) by Aporia Solutions, Inc. (Aporia) at the their Bryan locations. 2) a) netration Test" means a deliberate, simulated, attempted attack on a computer or n( I work system. b) " ternal Scan" means the use of well known techniques to discover open/closed ports o network hosts and listening for known protocol responses to identify the network s ices running on arbitrary servers ports c) ernal Scan" means an audit of network resources to identify possible security risks fr within the perimeter of a network. d) xternal Vulnerability Assessment" (EVA) means an external scan and penetration test o network from a public source (Internet). These tests simulate the techniques hackers d use to enter and comprimise a computer network from the outside world and are u d to check the effectiveness of existing security measures. e) ternal Vulnerability Assessment" (IVA) means an internal scan and penetration test of a twork from a public source (Internet). f) sk Assessment" means reviewing relevant threats against in-place safeguards to reveal c t-effective recommendations for improving an information security posture. 664 ~ curity and Vulnerability Assessment" (SVA) means a combination of an EVA and an g) 3) 14rvices Description a) 14formation Systems Risk Assessment: ng the ISO 17799 controls (see approach 2.d) we will conduct a risk assessment nine BCCC's level of vulnerability to the existing threat environment. This involves: I ntification of relevant threats (reviewing the current threat population to identify ats that may be significant to BCCC); • A review of the quantity of risk currently posed to the Information Systems (IS) (based on the current implementation of safeguards/controls); ■ A review of the adequacy of risk management processes demonstrated at BCCC; i fwc~r. nY Page 3 of 10 Conf der Nal rr _ _ AP ORIA S O L U T 1 O N S b) Development of risk reduction recommendations; and, Prioritization of these recommendations. work Vulnerability Assessment: Aporia will conduct an EVA to assess external vork and Internet risks and potential problems. Aporia will also conduct an IVA. As of this IVA Aporia will assess all internal hosts (computers, servers, etc.) and will orm a limited review of the organization's network performance and diagram. Aporia be authorized to conduct these network assessments in accordance with Exhibit 1 Exhibit 2. The NVA and IVA will be conducted in accordance with the folowing: i) 11 Determine date of intended network assessments and notify all appropriate parties including: ♦ All internal staff, IT and County management. ♦ Intrusion Detection Service (IDS) ♦ Firewall vendor (if applicable) ♦ ISP (Internet service provider) ♦ Web Site Hosting (if applicable) iij 11 Aporia will review BCCC's existing network diagrams. Aporia will provide an SVA utilizing third party software (NETSCAN). This assessment is a review at a specific point in time. The following services for the BCCC network will be provided during the assessments: (a) All External IP addresses provided by BCCC will be checked for vulnerabilities. (External Assessment) (b) All Internal IP addresses (desktop and server operating systems) provided by BCCC will be checked for vulnerabilities. (Internal Assessment) (c) The desktop and server hardware ports will be checked for vulnerabilities. (Internal Assessment) (d) The firewall(s) will be checked for vulnerabilities. (External Assessment) (e) The web site hosting server will be checked for vulnerabilities. (External Assessment) (f) The router(s) will be checked for vulnerabilities. (Internal Assessment) i Aporia will provide one security expert for the duration of the network assessment to perform the aforementioned services. The security expert will also explain, clarify and solve any issues, which arise during the assessment. The security expert will possess one or more of the following certifications: CISSP, CISM, GSNA, CDRP, CBDP, MCSE, CCNA, CISA. vj I The Aporia security expert will report to BCCC facilities as mutually agreed between BCCC's resources and Aporia. b ount Page 4 of 10 Confidential j j VOL b3 PAGE a 1 A_P0RIA S O L U T 1 0 N S ~r,/ I C) rprise Network Audit, Assessment and Design Review: Aporia will perform a level analysis of routers, switches, hubs, and servers using standard analytical tools. this analysis, Aporia will generate detailed lists of network devices, and network ogy maps depicting the logical layout of network devices and servers. i) Aporia shall provide BCCC a Comprehensive Information Technology Infrastructure Internal Tiered Network audit, assessment and design review for optimization redundancy, scalability and for the establishment of increased visibility and manageability within BCCC's IT network. ii Aporia will provide detailed reports including protocol distribution, bandwidth utilization, network indicators, and traffic analysis. Packet analysis between links that are identified as problem connections is accomplished to thoroughly analyze WAN connectivity. Aporia provides performance recommendations utilizing a standard trouble-shooting methodology including techniques such as symptom recognition, symptom analysis, fault isolation, fault Identification, solution recognition, solution analysis, fault resolution, cause recognition, and cause analysis. Network analysis is performed using industry standard network monitoring tools with reproducible reports stored. iiibuAporia will install limited licensed software provided by partnering companies to Iperform this review. d) O IONAL: ISO 17799 compliance: This review will determine BCCC's level of cc r pliance with ISO 17799 specified set of controls. Our Assessment approach is to pr vide an information systems security controls (compliance) review for BCCC in ac rdance with Compliance with ISO 17799 standards. ISO 17799 is the most widely re grazed security standard. It is based upon BS7799, which was last published in May 1 9, an edition which itself included many enhancements and improvements on pr ious versions. The first version of ISO 17799 was published in December 2000. steps for our approach are: i) An on-site review of all pertinent documents (providing Aporia with visibility to the organization (BCCC) in order to get a "feel" for the environment); tour of the BCCC facilities; Coon iii)jInterviews with BCCC personnel; iv Comparison of the condition of Management of Information Systems controls against the standard (the suggested list within the ISO 17799), reviewing the following control areas: 1. Business Continuity Planning 2. System Access Control pago Al of 10 Confidential vas AGE r7 A P 0 R I A S O L U T I O N S v 3. System Development and Maintenance 4. Physical and Environmental Security 5. Compliance 6. Personnel Security 7. Security Organization 8. Computer & Network Management 9. Asset Classification and Control 10. Security Policy Developing findings (deficiencies, vulnerabilities, risk mitigation and recommendations); and, Prioritization of the findings. 4) Q#fiverables. Aporia will deliver a report that includes the following items: a) a Compliance, Risk and Assessment Report developed from the above process will p vide BCCC management with: ♦ a clear view on their level of compliance with ISO standards; ♦ a clear view of their current security and privacy posture; and, ♦ a cost-effective strategy toward strengthening their systems. b) Tj* Network Vulnerability Assessment: ♦ Review and make recommendations if necessary for modifications of existing Network Diagram. ♦ Report any observations concerning security issues discovered while performing this SOW. ♦ Complete reporting of results of scans with explanations. ♦ Security and vulnerability scan report with detailed recommendations for ways to remedy vulnerable areas. ♦ Management Summary report of the network vulnerability findings. c) E rprise Network Reliability Audit ♦ Where available, Aporia will be provided with an accounting of network devices and topology discovered during audits and scans including Key Devices, Top Talkers, Top Protocols, Protocol Mix, Ethernet Network Usage, Ethernet Collision Summary, Ethernet Error Summary, IP Inventory, NetBIOS Inventory, Network Discovery, Problem Discovery, Top Interfaces by Utilization / Key Devices, Top Interfaces by Broadcast Rate / Key Devices, Top Interfaces by Error Rate / Key Devices, Switch Performance, Router Connections Diagram In Switched Network, Server Connections Diagram In Switched Network, Printer Connections Diagram In Switched Network. o s (°ou Page: 6 of 10 VOL 63 PAGE Q~a3 Cori fidential AP ORIA_ S O L U T 1 0 N 5 ♦ Report of Findings and Recommendations outlining issues discovered during the health check along with recommendations for increasing scalability, reliability, visibility and manageability of network processes and administration. 5) end of this assessment, will deliver three hard copies of the information systems If desired by BCCC, Aporia can also provide a soft copy of the assessment. by BCCC, Aporia will present the summary report to BCCC management. Responsibilities a) BCC will provide a list of documents, if available, for Aporia to review. These d uments should be available at the designated time. b) BCC or BCCC's Internet Service Provider will provide a list of all IP address to be c) BPCC will provide access to all machines and hardware resources as needed during the d) B CC will have staff and management available to assist Aporia as needed during the ssment and as needed before and after the assessment. e) B CC should review and complete the Exhibits (Netscan Information and Authorization f s). f) B CC will provide onsite access as needed before and during the assessment. g) B CC will notify all aforementioned appropriate parties. 6) a) Si E Date for this SOW is in November 2004 and will continue for five weeks. b) Order of the Assessments and work schedule are: i) IS Risk ii Interviews and walk through ii Network Assessment i ISO 17799 compliance (optional) v Report Development c) ria will be ready to present the Report before January 15, 2005. However, the n entation date will be decided after discussion with BCCC. 7) a) fixed fee for this IS Risk Assessment and Enterprise Network Reliability Audit is $27,900.00. There is a 30% retainer due to start the engagement. b) additional fixed fee for an ISO compliance assessment is $5,200.00. c) T se fixed fees are only valid if agreed to at this time and not considered separate d) Ts fixed fee is for the BCCC locations in Brazos County. If travel is required to any o er location then there will be additional charges. d) e) Schedule for this Statement of Work Cou € age 7 of 10 Confidential VOL 6 3 PAGE .2& e) f) I g) h) 8) a) b) I I C) ( d) E e) 0 g) h) 9) This S be a c( only a /AP0RIA S O L U T I O N S r, 111- 14 1 i, payment schedule is - 30% to start the engagement, 30% at the end of assessment interview phase and 40% plus incidental expenses (if any) at the delivery of report. ment is due within ten days from submission of invoice. engagement is considered complete on delivery of reports. s pricing is valid until November 15, 2004. , Privacy and Non-disclosure Privacy Policy complies with the Gramm-Leach-Bliley Act. privacy of your information is important to us, and we have always been bound by Pessional standards of confidentiality. Code of Ethics is public and can be found on our website. vw.aporiasolutions.com) )ria hereby acknowledges that it shall not at any time, whether during this SOW or at time after the termination of this effort, divulge any information in respect of all irs, transactions, business, methods of conducting business of BCCC. This also lies to a subsidiary or an associate company of BCCC that Aporia may come into wledge of in the handling of this SOW. Such information shall be referred to as onfidential Information". esired by BCCC, the Aporia personnel shall execute a declaration in the form plied by BCCC, undertaking to observe strict secrecy and confidentiality with respect ny Confidential Information. restrict access to nonpublic information about BCCC to members of our firm who i to know that information in order to provide you professional services. employ physical, electronic and procedural security safeguards to protect your public information. documents and records furnished by BCCC to the personnel from Aporia, and any ►rded Confidential Information in whatever form, shall on termination of this ;ement for whatever reason, be returned to BCCC. Vulnerability Review is for an assessment at a specific point in time. Information technology security must n for every organization and its management. Network vulnerability assessments are of the measures that should be included in your security programs. Please sig 1. below as an acceptance to this engagement. Brazos C ty Commissioners Court Aporia Solutions, Inc. ; J" U \0k qA (Date) Richard das* Principal (Date) c~uraF Page 8 of 10 Confidentia" j VOL 63 PAGE o? &S ,-T AP0_RIA_ S O L U T I O N S Exhibit 1: NETSCANS1° INFORMATION FORM Date: November 2R, 20o4 Brazos County Commissioners Court Address: 300 E. Z~ Shree-t t 641,4e, 10~ e: erl C. eaud well ke: 3(e 1- 4 il: eckkawtll 40 W. Information: Preferred Ray of week/time of day to run scan: Cot,nty Page 9 of 10 Confidential VOL ~3 pAGE.a A P 0 R I A S O L U T I O N S Exhibit 2: NETWORK ASSESSMENT AUTHORIZATION AGREEMENT The terms if this agreement cover all services performed by Aporia Solutions, Inc. ("Aporia") for Brazos County missioners Court ("The Client") in relation to system and/or network consulting services. The term this agreement will be for twelve months from the execution of this contract. By signing below, the lient agrees to the following terms and conditions: 1) Client hereby grants Aporia permission to access or attempt to access the servers and n ork devices necessary to perform the above services. The individual signing this agreement ants that he/she is an officer of the client company or authorized by an officer to give such 2) Client is responsible for properly backing up any servers to be surveyed. While the tests p formed are generally passive and non-intrusive, there always exists the risk of data loss on a ti disk access task. We suggest that Client maintains regular backups of their data. Client ii x emnifies and holds harmless Aporia for any inadvertent or coincidental loss of data, service, b iness or productivity. 3) Client shall be responsible for taking action on any security flaws or holes identified by the s ices. Aporia is not responsible for putting these remedies in place. 4) s agreement shall be subject to and governed by the laws of the State of Texas. The parties a ee that for venue purposes and any and all lawsuits, disputes, causes of action or arbitration s 11 be in Harris Country, Texas. 1) Apori; flaws 2) Apori. 3) Aporii develc 4) Apori. Client act of disput Apori. 5) COMI OF M TO TI Initials varrants that the service will identify certain common weaknesses and published security the Client networks. to not warrant that any unknown or uncommon problems may not exist. to not warrant the work beyond date of the last report. After that time, new exploits may be .d or systems configuration may change. hall not be liable for any delay of performance of the service, or any damages suffered by a result of such delay, when such delay is directly or indirectly caused by or results from any A or other intervening external cause, accident, governmental laws or regulations, labor civil disorder, transportation delays, or any other cause beyond the reasonable control of VSS and/or the Client. NY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES LCHANTABILITY OR FITNESS OR ANY PARTICULAR PURPOSE, WITH RESPECT SERVICE. CLIENT AGREES THAT COMPANY SHALL HAVE NO LIABILITY FOR 'ES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, ~I ENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF BUSINESS. County Rage 10 of 10 Confidential j VOL 63 PAGE, ~ DEPA DATE ITEM: inters( BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM 1ENT Road and Bridge NUMBER 560010 COURT MEETING: November 9, 2004 mission to enter Tom or Jo Ann Truss' property located off n with Grassbur Road for the_purpose of clearing _an appro #025- ft area of Lush and low hanging limbs to improve site distance for the health safety and welfare the general public. Site is in Precinct 2. SOURC OF FUNDS: N/A PRESENTATION: County will maintain site as needed to control overgrowth of vegetation in County right of way. SUBMIT-ED BY: APPROVED BY: Richard . Vance, P.E. Commissioner E. Duane Peters County gineer Precinct 2 0004-1 12 This Re est is Approved (or) Denied by Commissioners' Court Date: !1/o9/ ~f -7 , Slaw, County Judge III VOL ~0-' PAGE 2(ng BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Ict 1 Duane Peters Commissioner ct 2 Kenny Mallard Commissioner ct 3 Carey Cauley Commissione ct 4 Date nrtaber 26, 2004 1. L !l ND OWNER AND ADDRESS Tom or so Ann Truss 7979 Scasta Road Bryan, Texas 77808-5841 i II. L CATION OF WORK Scasta Road at Grassbur Road III. D SCRIPTION OF WORK TO BE DONE Permission to enter property to c ar an approximate 50' X 50' area of brush and low hanging limbs for the h lth, safety and welfare of the general public. Area will be sprayed with h bicide then hand cleared. We will au o a brush an debris from the a a. IV. M INTENANCE YES x NO- ES, I I ESTIMATE FREQUENCY OF MAINTENANCE as needed. notified prior to maintenance) (Owner will Richard F. Vance, P.E. / Right dtVqay Agent County ngineer J Owner' Signature: JIA/v~ DATE von. 63 once, a ~ 9 DEP BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM ~ ENT Road and Bridge NUMBER 560010 DATE O fj COURT MEETING: November 9, 2004 ITEM: T ur S ite -#::-z - 1~ SOURCE F FUNDS: N/A REQUIRE ENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/6 CEPTIONS: ION FWQUFSTFn nR Al TF=PMATIVFC- SUBMITTED BY: Richard F County Er 0004-111 This Req Date: ance, P.E. APPROVED BY: 1TdF Commissioner ~dpny Mall 'ieer Precinct 3 >t is Approved ZDenied ❑ by Commissioners' Court Ste, County Judge VOL 0 AGE oZ ~O Honor le Judge Randy Sims W.O.36305679 261.7 hway 21 West Bryan, exas 77803 Dear Form notice is hereby given that the United Telephone Company of Texas, Inc. p oses to install buried communications cable upon and along the Right- -way of county roads in OM"es-County, Texas, as follows: a Zo S Cou n*7, re/*.6 IMPR ED ROADS (paved) - The contractor will plow cable in backslope with 8' of ri t-of-way line. Pipe will be bored under all paved county roads exten j a from ditch line to ditch line with a minimum cover of 30". IMPR ED ROADS (gravel) - The contractor will plow cable in the backslope of the ad, one track of the plow tractor on the backslope the other may come the shoulder of the road neither whole tractor or plow will be on the ro surface. UNIM OVED ROADS (dirt) - Same as improved, unless because of ditches, trees d other terrain features, it is more practical to plow in the center of the ad. In these cases, the cable will be plowed in the center of the road. Not a licable in County. BRU DISPOSAL - Any brush, trees, etc., that are cut will be burned or dispo d of and not left in the ditch. Rocks brought up by tractor or plow I be disposed of. DEPT OF CABLE - All cables will be placed at a minimum depth of 30" exce ere crossing dams or ditches, at which locations the depth of cable ill be at a minimum of 24". The f owing are requirements which are made on the contractor: 1. plowing equipment shall be subject to the approval of the ineer and the Public Authorities having jurisdiction over highway a road rights-of-way. 2. a equipment and construction methods used by the contractor shall such as to cause minimum displacement of the soil. The slot made i the soil by the cable plow shall be closed immediately by driving ehicle track or wheel over the slot or by other suitable means. 3. mage to banks, ditches, driveways, and roads caused by the equipment 11 all be immediately repaired to the satisfaction of the Engineer and blic Authorities having jurisdiction over highway and road right-of- v Z where involved. 4. enches shall be promptly back-filled with earth, and mechanically ped at six (6) inch lifts so that the earth is restored to original ade to assure no hazard to vehicular, animal or pedestrian traffic. trenches shall be left open overnight. 5. in usual 10%fees withheld from contractor until repairs are made tisfactory with Engineer and Public Authorities having jurisdiction right-of-way involved. County will not be held liable at any future 4L. (o3 PG.. a 7 t~ Peer°V-( 10 E P<<t,~ 00 ,.,r Z 0 O Z U (n Q O O W (n UQ ¢ JW LLI LLJ Q¢H 5 LLJ U< MW O(n m2 F -10 J W -10 2 W O W YF OW 0 2 O r z L_j J z O 11F-S;t UlO F-0 J D O N W W W b OW~ J0~ ¢ nZOa M W F-O): Z 0~ U 0 U J LO W O 12>-J JLL W Q 3 nOQ~]JW ~.123Q¢O7 ' rW U LL 0 O W O W -A nzo UWZW F- F-Q 022'.0.. 002 LJSJ1 .N. ~.U-2 7J0 X W >ILSW 2 Od 2032 3: Z W F L-+ZOQ~ dYW Z~.r .-.O0 3 -j LL D U Cr F-Z LL (nOMLL ~WOEOZ (n~0 F- F- co ; OWZ W Wm •2WO -~d 2UN('') F-0-+ ry, ~ /U ) V Z IL ' V 2 J LO 13LO ~ AGE O ~tll\l _ (0 Vn~ ( p3 PAGE' 4O dS ~~yd ~nS R um7 m P O N O 0 0 date f accidental damages to the buried cable plant by road working equip nt such as maintainers, hole diggers, etc. In the event of such ages the Telephone Company will be notified immediately. The C my Commissioners Court may require the owners to relocate this line, f alid reasons under the law, by giving thirty (30) days written otice. a. here communication facilities are located on county ad ROW the Telephone Company will relocate said cilities at no expense to the County. b. Where communication facilities are located on private roperty the county will reimburse the Telephone Company r the relocation of said facilities. At any ace where a communications line crosses over a county road, it shall b constructed and maintained at least eighteen (18) feet above the su ce of the traffic lane. mease ouTy forty-eight (48) hours or to starting construction of the line, in order that a repres tative may be present. The to tions of the proposed lines are more fully shown by the copies attach to this notice. Constr tion of this line will begin on or after the 8th day of No tuber , 2004. UNITEIR TELEPHONE COMPANY OF TEXAS, INC. BY i*-AU /e,,, (4*- ~ ._/Ac TITLE: outine Engineer P. O. B X 2077 Humbl , TX 77347-2077 APPRC County ers Court COUNTY VOL PAGE .7 3 DATE: 10/21/2004 DATE DED AND RESTATED AGREEMENT FOR DEVELOPMENT AND TAX EMENT IN REINVESTMENT ZONE NUMBER SEVENTEEN (17) FOR COMMERCIAL TAX ABATEMENT, CITY OF BRYAN, TEXAS STATE O TEXAS § COUNT F BRAZOS § Amended and Restated Agreement For Development And Tax Abatement In Reines t Zone Number Seventeen (17) For Commercial Tax Abatement ("Agreement" herein) is entered to by and between THE CITY OF BRYAN, TEXAS, a political subdivision of the State of T as, acting herein by and through its duly elected City Council, (hereinafter referred to as "CITY' and BRYDENPEAR PREMIERE, L.P., DB/A PREMIER CINEMA 16, a Texas Limited P ership, acting by and through PREMIERE CINEMA CORP., its general partner to as "OWNEWD. WITNESSETH: REAS, CITY and OWNER previously entered into an Agreement For Development and Tax A tement In Reinvestment Zone Number Seventeen (17) For Commercial Tax Abatement that was a cuted by CITY on June 1, 2004 and by OWNER on May 24, 2004 (the "Original in); and WHEREAS, the City Council of the City of Bryan, Texas, adopted an ordinance on November 2004 amending Ordinance No. 1473 by amending the boundaries of City of Bryan Reinvestme"t Zone Number Seventeen (17) for Commercial Tax Abatement, City of Bryan, Texas (hereinafter ferred to as "Zone") and expanding the acreage thereof from 1.53 acres to 1.63 acres to reflect revised building envelope of a structure to be constructed by OWNER in said zone; and 1 I CITY and OWNER now desire to enter into this Amended and Restated Agreemen or Development And Tax Abatement In Reinvestment Zone Number Seventeen (17) For Commercial Tax Abatement which shall apply to the amended boundaries of Reinvestment Zone Nun#r Seventeen (17) and shall supercede and replace the Original Agreement; No , therefore, in order to provide for the proper development of property in the Zone and to aid in conduct of the operation thereof to the best interest of the City of Bryan, Texas, in accordancel the above-referenced ordinances and statute, the parties do mutually agree as follows: 1. The real property on which the real property improvements to be abated pursuant to this Agreement 'll be situated is a 1.63 acre tract or parcel of land, lying and being situated in the John i Austin S y, Abstract No. 2, Bryan, Brazos County, Texas, and being part of the 197.404 acre tract descri d in the deed from Trans-Texas Interests, Inc. to Carrabba Interests, recorded in Volume 15 , Page 87, of the Official Records of Brazos County, Texas and more particularly described metes and bounds in Exhibit "A". (The Property, herein). The Property and all improveme constructed thereon will be hereinafter referred to as "the Premises". 2. All into this Al a. property in listing or b; the following obligations of OWNER form the consideration for CITY entering is construction of at least 57,000 square feet of commercial space (real ,nts) with a value of at least $5,187,000.00 on the Property, as described by ite plan on Exhibit "B" to this Agreement, on or before December 31, 2005. 2 VOL, b3 PAGE J- 7S b. JOWNER's maintaining a gross annual payroll in Bryan, Texas of at least $554,309.00 3. O` ordinance: State of T at the time 4. ON in calendar year 2006. agrees to construct all improvements in accordance with all applicable laws, codes, rules, requirements or regulations of the City of Bryan, Brazos County, the and the United States, and any subdivision, agency or authority thereof in effect, development. agrees that the site plan, exterior design drawings, specifications and materials referred to as "Plans') for each improvement will be submitted to CITY, and/or its for approval, which Plans are incorporated herein for all purposes. An official set 14f Plans will be designated by the OWNER and kept on file with the CITY. 5. ON"R shall keep the Premises insured against loss or damage by fire or any other casualty al null replacement value by purchasing insurance or through a self-insurance program. OWNER 44all furnish the City of Bryan's Risk Manager with either a certificate of insurance or isfactorjI documentation of its self-insurance program. 6. O*IER shall submit written notice to CITY within ninety (90) days after the Premises are materigly damaged by fire or any other casualty. The notice shall either set forth the dates OWNER i4ill commence and complete the repair, remodeling or renovation of the damaged Premises 4 state that OWNER will not undertake such repair, remodeling or renovation. If OWNER Hotifies CITY that it will not undertake repair, remodeling or renovation of the damaged ff emises, or if OWNER fails to complete the repair, remodeling or renovation by the date set forth in OWNER's notice to CITY, then CITY shall terminate this CITY shall recapture from OWNER all property tax revenue CITY has lost as a result of tl Agreement as required by §312.205(a)(4), Texas Property Tax Code. 3 p3 PAGE dQ 6 7. O ER agrees to provide CITY and its designees access to the Premises during regular business urs throughout the term of this Agreement for the purposes of inspection and examinati of books, records, construction, workmanship, materials, and installations to i determine at OWNER has complied with any requirement of this Agreement. 8. O R agrees to limit the use of the Premises consistent with the general purpose of encouragi development or redevelopment within Reinvestment Zone No. 17 while partial abatement f ad valorem taxes is in effect pursuant to this Agreement. 9. O R represents and warrants that no member of the Bryan City Council has an interest in a Premises and that the same are not owned or leased by any member of the Bryan city 10. O ER agrees that CITY assumes no liability or responsibility by approving plans, issuing bui ling permits or making inspections in the event there is a defect in the improvements I l IL-% n the Premises. The relationship between CITY, OWNER, and any taxing unit constructe shall not b eemed to be a partnership or joint venture for purposes of this Agreement. 11. OW I R shall indemnify, hold harmless and defend CITY, its employees, officials, and agents fro and against any and all obligations, claims, suits, demands and liability or alleged liability, in ding costs of suit, attorney's fees, damages, judgments, or settlements and related expenses ing in any manner from OWNER's construction, use and operation of the Premises, provided, h ever, that OWNER shall not be required to indemnify and hold CITY harmless for injury o arm caused by CITY's negligence or willful misconduct. 12. O ER agrees to pay all ad valorem taxes and assessments (except as abated pursuant to this Agr ment or otherwise exempt) owed to CITY prior to such taxes and/or assessments 4 VOL, 63 PAGE,.._J 72 becoming applicatio long as su tax or ass OWNER shall have the right to contest in good faith the validity or t1l of any such tax or assessment and shall not be considered in default hereunder so contest is diligently pursued to completion. In the event that OWNER contests such all uncontested taxes and assessments shall be promptly paid to City prior to . If OWNER undertakes any such contest, it shall notify CITY and keep CITY informed a the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER 44all promptly pay all taxes, penalties and interest resulting therefrom. 13. 01ER agrees that a default occurs if: (i) OWNER does not maintain the Premises in good con4*ion, wear and tear excepted; (ii) OWNER fails to repair, remodel or renovate any material dWage or destruction of the Premises as provided for in Section 6 above; (iii) OWNER fails to u4j[the Premises for the purposes contemplated by this Agreement or allows the same to become vk~ant; (iv) OWNER does not pay all non-abated taxes in the manner required by Section 41 hereof; (v) OWNER fails to comply with all applicable statutes, administrative ionk or ordinances of the United States, the State of Texas and/or the City of Bryan operations or maintenance of the Premises or the conduct of OWNER's business in Bryan, ~~exas; (vi) OWNER fails to perform its obligations under Section 2a. of this on or before December 31,2005; or (vii) OWNER failing to maintain a gross annual payroll of 1t least $554,309.00 in any calendar year as provided in Section 2b. of this Agreement; (viii) 0' CITY sl after rec fails to option fails to comply with any other duty or obligation arising under this Agreement. notify OWNER in writing of such default, and OWNER shall have thirty (30) days of such written notice, to cure any default, if the default can be cured. If OWNER such default, or if OWNER's default can not be cured, CITY may, at CITY's sole as to a default defined in (ii) above, which shall be governed by Section 6 of this 5 VOL, L3 PAGE- i Agreeme ) require OWNER to pay the current year's taxes in full or CITY may terminate this Agreeme and recapture from OWNER a sum of money equal to all of the tax revenues CITY has lost a to the partial abatement of taxes on real property improvements from the inception of this Akreement. The remedies listed in this paragraph shall be in addition to any other remedies 4 at CITY may have, both legal and equitable. 14. O R agrees to submit to CITY, and to each taxing unit in whose jurisdiction the Premises are situated, no later than December 31, 2005 and on December 31St of each year thereafter curing the term hereof, a Statement of Compliance in the form attached hereto as Exhibit " indicating that OWNER has or has not completed the improvements on the PREMISE in accordance with the Plans or revised plans and further indicating that OWNER has or has t complied with each applicable provision of this Agreement. 15. Thi Agreement shall be for a term of ten (10) tax/calendar years, unless sooner terminated. The partial exemption from ad valorem taxation of real property improvements during eac year covered by this Agreement shall be computed by taking a percentage of the increase in lue of the Property and the Premises on January 1St of each tax year over the value on January st of 2004, which is the year this Agreement was executed by OWNER and CITY. The agreed alue of the Property was $53,320 on January 1, 2004, which was derived from existing re rds and the best estimate of value available from the Brazos County Appraisal District. Th artial exemption percentages are as follows: Percentaize of Increased Value over January 1. 2004 Value to be Abated Year (2005) Year Year Year 70% 70% 70% 70% 6 von ~_Pnce,a79 Ye: r 5 60%0 Ye: r 6 50% Ye: r 7 40% Ye: r 8 30% Y 9 30% Y 10 10% 16. a. I ~J Severability. If any provision of this Agreement is held to be illegal, invalid or unenforce le under present or future laws effective while this Agreement is in effect, such provision all be automatically deleted from this Agreement and the legality, validity and enforceab ty of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of su deleted provision, there shall be added as part of this Agreement a provision that is legal, valiol and enforceable and that is as similar as possible in terms and substance as possible to the del4od provision. b. Texas law to apply. This Agreement shall be construed under and in accordance with the s of the State of Texas and the obligations of the parties created hereunder are performa by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreeme shall be in a court of appropriate jurisdiction in Brazos County, Texas. C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties he to respecting the subject matter covered by this Agreement, and supersedes any prior understan gs or written or oral agreements between the parties. d. III Amendments. No amendment, modification or alteration of the terms hereof shall be bindin&u less the same shall be in writing and dated subsequent to the date hereof and duly executed the parties hereto. Any proposed amendment, modification or alteration shall be provided Brazos County and to the Bryan Independent School District for review and comment Wor to adoption by the Bryan City Council. 7 D e. CITY and 2004 is co f. Agreemen preclude o provided otherwise. 9. of OWNS shall not Agreemen h. Prior Agreement Superceded And Replaced. The Original Agreement between )WNER that was executed by CITY on June 1, 2004 and by OWNER on May 24, .pletely superceded by and replaced by this Agreement. Rights and Remedies Cumulative. The rights and remedies provided by this are cumulative and the use of any one right or remedy by either party shall not waive its right to use any and all other legal remedies. Said rights and remedies are addition to any other rights the parties may have by law, statute, ordinance or No Waiver. CITY's failure to take action to enforce this Agreement in the event s default or breach of any covenant, condition, or stipulation herein on one occasion treated as a waiver and shall not prevent CITY from taking action to enforce this subsequent occasions. Assignment. OWNER shall not assign this Agreement without the written approval the Bryan City Council. A change in ownership of a majority of the stock of OWNER i,, an assignment for the purposes of this paragraph. If OWNER assigns this Agreement without en approval of the Bryan City Council, this Agreement shall terminate immediately and the p al abatement of taxes on the real property provided for herein shall cease from the date such authorized assignment occurred. i. Notices. CITY and OWNER hereby designate the following individuals to receive I any notice equired to be submitted pursuant to the terms of this Agreement: CITY OWNER CITY GER BRYDENPEAR PREMIERE, L.P. P.O. Box 1100 600 Avondale Drive Bryan, Te 77805-1000 Big Spring, Texas 79720 8 Vol. b3 FAGi BRAZOS OUNTY BRYAN INDEPENDENT SCHOOL DISTRICT Randy Si , County Judge Merrill Green, President - Board of Trustees 300 E. 26 Street 101 N. Texas Avenue Bryan, Te as 77803 Bryan, Texas 77803 Th parties hereto have executed this Agreement in duplicate originals, each of equal dignity. ich party has stated the execution date below the signature of its authorized representa e. If the parties sign this Agreement on different dates, the later date shall be the effective a of this Agreement for all purposes. ATTEST CITY OF BRYAN i Mary Lyn#0 Stratta, City Secretary Ernie Wentrcek, Mayor Executed on: Michael J. A AS TO FORM: City Attorney BRYDENPEAR PREMIERE, L.P. By: PREMIERE CINEMA CORP., General Partner Gary Moore, President Executed on: 9 VOL, ~ PAGE ~ga E2MBIT "A" METES & BOUNDS DESCRIPTION OF THE REAL PROPERTY Austin's Colony - Premiere Cinema Building Envelope -1.63 Acres, John Austin Survey, A-2 Bryan, Brazos County, Texas Survey, A described 1510, Pq being moi greenbelt recorded iron rod Trustee's Records c feet from tract (for tract, Vol THENCE S S S S S S THENCE of a 1.63 acre tract or parcel of land, lying and being situated in the John Austin ,tract No. 2, Bryan, Brazos County, Texas, and being part of the 197.404 acre tract . the deed from Trans-Texas Interests, Inc. to Carrabba Interests, recorded in Volume 97 of the Official Records of Brazos County, Texas, and said 1.63 acre tract or parcel particularly described as follows: "ING at the %2" iron rod found marking an exterior ell corner of the 10.89 acre tct as shown on the fmal plat of Austin's Colony - Phase One, according to the plat Volume 2070, Page 109, of the Official Records of Brazos County, Texas, said 1/2" ;o being in the southeast line of the 15.5 acre tract described in the Substitute eed to First American Bank, recorded in Volume 3753, Page 23, of the Official Brazos County, Texas, and said '/2" iron rod also located S 40d 17' 20" W - 15.60 1//2" iron rod found at an 8" elm tree marking the east corner of the said 15.5 acre nore complete description of the 15.5 acre tract, see Lottye F Sosolik - 3.893 acre ~e 278, Page 353, of the Official Records of Brazos County, Texas. the west line of the beforementioned 10.89 acre greenbelt tract as follows: 45' 53" E for a distance of 529.32 feet to a %2" iron rod, 41' 57" E for a distance of 238.13 feet to a'/2" iron rod, 12' 57" E for a distance of 78.50 feet to a 1/2" iron rod, 12' 57" E for a distance of 20.00 feet to a %2" iron rod, 12' 57" E for a distance of 20.24 feet. 47' 03" W for a distance of 56.28 feet to a 60d nail set at the north comer of the proposed Premiere Cinema Building Envelope and PLACE OF BEGINNING of this description; the proposed envelope of the Premiere Cinema Building as follows; S 21 '1 12' 57" E for a distance of 346.62 feet, S 6 147' 03" W for a distance of 205.46 feet, N 2, d 12' 57" W for a distance of 346.62 feet, N 6 47' 03" E for a distance of 205.46 feet to the PLACE OF BEGINNING, j containing 1.63 acres of land, more or less. 10 :J, ~ i EXHIBIT B SITE PLAN II EXHIBIT "C" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL TAX ABATEMENT WITH PREMIER CINEMA CORP. REINVESTMENT ZONE SEVENTEEN THE STA OF TEXAS § BRAZOS § CINEMA CORP. ("Owner") hereby certifies any improvements on the Property, called for in the above referenced Agreement, have been completed and constructed in every ~aterial respect pursuant to said Agreement. Owner further certifies that it has complied th all applicable and material terms of said Agreement. Si ed this day of -,200-. CINEMA CORP. By: Gary Wore, President B1 N. Ti Gary Moore President An above-described improvements have been accepted by the City of Bryan, Texas as having bee constructed in compliance with the above referenced Agreement, and that pursuant to said A ement the partial exemption from taxation shall commence on January 1, 2005 continuing ough the year 2014, which will be the last year that the property will be entitled to exemption om taxation in accordance with this Agreement, and that the taxable value of the Premises f such period of time shall be the taxable value as finally determined, following any applicable ntests and appeals, by the Brazos County Appraisal District on January 1 S` of each year of the ~'Prm of the Agreement. Sig d this day of 12004. ATTEST: CITY OF BRYAN, TEXAS By: Mary Lynn Stratta, City Secretary 6 3 P~ o?6 12 Ernie Wentrcek, Mayor Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 77803 DATE: No ber 4, 2004 TO: Hon. andy Sims, County Judge Hon. Eric Caldwell, Commissioner Hon. uane Peters, Commissioner Hon. enny Mallard, Commissioner Hon. grey Cauley, Commissioner Can Gallego, Administrative Assistant FROM: Kay milton, County Treasurer RE: Quar*r Ending 09/30/2004 Investment Report This report is ma tuarterly n accordance-with provisions of Gov.Code 2256, The Public Funds Investment Act, which requir reporting of investment transactions to the Commissioners' Court. The Brazos Count) nvestment portfolio earned an average yield of 1.5424% on $10,000,000.00 invested with Tex I for the quarter ending 09/30/2004. Investment interest deposited during the quarter was $ 75.61. The average Earnings Credit Rate on checking account interest during the past quarter s 2.02% netting $203,959.88 of interest earned for the quarter. Year-to- date checking acc nt interest was $660,321.51. The total interest earned year-to-date was $667,297.12. The ighted average maturity of the. invested funds was 1 day due to the liquidity of funds invested i h TexPool and on deposit at First American Bank. As stated in the la I Quarterly Investment Report dated 09/30/2003 all funds were withdrawn from TexPool and osited into the Brazos County Depository Bank. The Investment Advisory Committee select his strategy because of low interest rates. Also, based on the County Depository contra Brazos County could earn more interest by leaving the funds in the Bank rather than investi in other securities or pooled accounts available at the time. All funds on depot Average Investabl the 90-day T-bill $10,000,000.00 w Average Investabl $5,000,000.00 in funds out of the B deposits over $50 amount would resu at First American Bank are fully collateralized and by keeping our "Bank iolance" below $50,000,000.00 Brazos County earned 55 basis points above the post year on funds in the bank. On September 15, 2004, invested with TexPool. This action was taken because the County's Bank iolonce was in danger of going over $50 million. The issuance of -tificates of Obligations and future tax collections necessitated moving some c. The charges for pledged collateral the County would have to pay for Ilion and the loss of the additional 55 basis points on funds over the allowed n lower interest revenue. ACKNOWLEDGED: 4Ranims, County Judge rai' (o3 t a0& ~';c: Summary of Porijolio Changes i Fund Group 1 Beginning Book Vi il e (06/30/2004) $0.00 Beginning Marke alue (06/30/2004) $0.00 WAM at Beginning Date 0 Change to Marke Value $10,006,975.61 Ending Book Value (09/30/2004) $ 10,006.975.61 Ending Market Val e (12/31/02) $ 10,006975.61 Unrealized Gain/ ss] 0.00 WAM at Ending g4te 1 Day Investment inter October 2003 November 2003 December 2003 t deposited: $ 0.00 $ 0.00 0.00 Q/E 12/31/03 $ 0.00 January 2004 $ 0.00 February 2004 $ 0.00 March 2004 0.00 Q/E 03/31/04 $0.00 April 2004 $ 0.00 May 2004 $ 0.00 June 2004 0.00 Q/E 06/30/04 $0.00 July 2004 111 $0.00 August 2004 ! $0.00 September 2004 $6,975.61 Q/E 09/30/04 $6,975.61 YTD TOTALS $6,975.61 Attached are 1) 2) 3) To the best of the Investment said policy as app n, White, Checking Account Interest Earned: $ 38,482.84 $ 36,123.24 $40,973.14 $115,579.22 $ 52,092.19 $ 54,169.14 $ 56.356.11 $162,617.44 $ 55,835.59 $ 58,843.66 $ 63.485.82 $178,164.97 $ 68,593.04 $ 71,730.28 $ 63.636.56 $203,959.88 $660,321.51 Blowing reports: Quarterly Investment Activity Report TexPool Investment Interest Summary per Fund Cost Amount Summary of Investment knowledge the investment portfolio in this report conforms in all respects to cy of Brazos County and is being managed under the investment strategy of ed by the Commissioner's Court of Brazos County. Treasurer Date Ll P/DV/off eputy Treasurer Date ~3 pigG1, a8' 7 CD 0 0 ly w CO ~ w D 0 0 _ rn 6 K CO , CD 0 0 3 o r 77 rn ~ m c~ ((D : n flT:, rt ~ m . m 69 w tV N rn , x O Ftl~ x O O 0 0 - ~O Co O 'Q n> v, cn O N N O fH EA f!i E {3 cn 0 O to rn w w o w 0 N o ~ w C) 0 w O ~ m N 0 co 0 o N 0 0 0 00 'i' ` } ~ }t E r .CTS a~ F`}} . Q (03 PAGE a Y& c z v IV 0 0 r rn v rn c z v 0 X 0 c m x M 0 0 r z m CO) m z -i CO) N O O W m M V D 7 n 63. c8c~ co ui ti o~ cd 0 0 0 Eft N T- W r 00 Cfl LO ti N O O O M It O M N O O O O O O N LO M H} dc? K} O CO) O O O C) O CD O IL ° a C a L N N N N O O C ~ d ~ U ~ d ca N o O x u U U