HomeMy WebLinkAbout2005-07-26-9:00AM-RegularAlNyE op
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BRAZOS COUNTVMa5 SUL 22 P 0 31
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BRYAN TEXAS CC~ `U`` iNTYt`. . BRYAN. RYAN, TEXAS
, 3E;AZ05 LI
,DEPUTY
BY.
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE C MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSIO ON 26 JULY 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF TH BRAZOS COUNTY COURTHOUSE, 300 E. 26T11 STREET, SUITE 115,
BRYAN EXAS.
1. I*ocation and Pledge of Allegiance - Commissioner Peters
2. C~jl for citizen's input and/or concerns.
take action on agenda items 3 - 18:
3. BWget Amendment 04/05-37.1 thru 04/05-37.4
4. P4~sonnel Change of Status.
5. P4$ment of Claims.
6. P44ment Authorization from the Brazos Center in the amount of $178.18 for repairs to
th irrigation system that exceeded the purchase order.
7. Ruest from Donald Lampo, Precinct 2 Constable, for permission to appoint Jeffrey L.
H is as a non-paid Deputy Constable.
8. Rewal of Bid #2004-034, Uniform Purchase for Sheriff's Office, with Lonestar
U forms, Inc. New bid number will be #2005-037R.
9. west from Purchasing for permission to advertise Bid 42005-038, Construction
ager at Risk for the Expo Center.
Office oft County Judge 300 East 26'h St. . Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503
~GL PAGEfgaV
Commissioners Court Agenda
26 July 2005
Page 2
10. dware Maintenance Agreement with Par Worldwide Group, Inc. for the courthouse
s urity I.D. camera equipment. Term of agreement is 1 October 2005 through 30
S tember 2006.
11. S ware Maintenance and Upgrade Agreement with Par Worldwide Group, Inc. for the
s ware used with the courthouse security I.D. camera equipment. Term of agreement is
1 ctober 2005 through 30 September 2006.
12. ewal of the annual contract for carpet cleaning service with Asure Carpet Cleaning
S vices, Inc. Term of agreement is 1 October 2005 through 30 September 2006.
13. ewal of the annual contract for portable toilet rental with BCS Stop & Go Potties.
T of agreement is 1 October 2005 through 30 September 2006.
14. Sction Committee for RFQ 2005-038, Construction Manager at Risk for the Expo
C ter, consisting of the following Brazos County employees:
Randy Sims, County Judge
Duane Peters, Commissioner Pct. 2
Richard Vance, County Engineer
Gary Arnold, Road & Bridge Department
Pat Howard, Purchasing Agent (non-voting member)
15. R uest from Purchasing for permission to accept property donated to Brazos County by
t Brazos County Sheriff's Office CID.
16. F~al Plat of St. Elmo Subdivision Phase Two, 10.15 acres, T. J. Allcorn survey, A-61,
B os County, Texas. Site is located in Precinct 3.
17. R uest from Smiling Mallard Development for approval of the following variances to
t Brazos County Subdivision and Development Regulations in the proposed Indian
es Phase IX, also known as The Settlement, a private gated community:
L:
a. allow minimum 70' road frontage lot width to be reduced to 61'-66';
b. allow minimum 70' road right of way width for street/private drive to be reduced
to 28';
c. allow minimum 25' front lot setback to be reduced to 20';
d. allow minimum 16' front lot utility easement width to be reduced to 10';
e. allow minimum 10' side lot utility easement and setback to be reduced to 7.5';
f. allow smaller lots than the minimum 0.5 acre per unit.
SO is located in Precinct 1.
18. C mercial Lease Agreement with Mental Health Mental Retardation Authority of
B zos Valley for lease of approximately 3,680 square feet at 623 Marylake, Building C,
B an, Texas 77801 for use by the Juvenile Services Department. Term of agreement is
1 ugust 2005 through 31 August 2006.
19. Aouncement of interest items and possible future agenda topics.
VOL_YPAGE~I
Commissioners Court Agenda
26 July 2005
Page 3
20. (#1 for citizen input and/or concerns.
21. Agency / Board / Committee reports by Court members.
22. Aldiourn
The Brazos ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive vices must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
JULY 26, 2005
Cd
f
A regular meeting of the Commissioners' Court of Brazos
ty, Texas was held in the Brazos County Commissioners
COrtroom in the Courthouse in Bryan, Brazos County, Texas,
bioinning at 9:00 a.m. on Tuesday, July 26, 2005 with the
lowing members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4,
ent;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and led the
pjidge of allegiance.
Under citizen input/and or concerns the following spoke:
Donald Lampo, Constable, Precinct 2
a) He said that one of his deputies had
received an award and medal from the Tazer
Association for life saving through non-
lethal force.
The Court next considered Budget Amendment #04/05-37.1
t ough 37.4 that would reallocate funds for the CUDEP Grant,
C t y Judge, and Juvenile Services Detention Center; and the
1 !7-P Page -D `3
C issioners Court meeting July 26, 2005 2
t nsfer funds from Contingency to the offices of Justice of
tlie Peace, Precinct 1 and Constable, Precinct 1. On motion by
C issioner Peters, seconded by Commissioner Mallard, the
C rt voted unanimously to approve the budget amendment as
s mitted. A copy of which is attached.
The Court proceeded to consider the change of status of
e loyees as submitted on the attached Personnel Action
R uests. On motion by Commissioner Peters, seconded by
C issioner Wassermann, the Court voted unanimously to
a rove the changes as submitted.
The Court next considered the following Claims as
s mitted by the County Treasurer for payment:
7009199 through 7009423
0 motion by Commissioner Peters, seconded by Commissioner
W sermann, the Court voted unanimously to approve the Claims
a submitted.
The next matter before the Court was consideration of a
p ment authorization issued by the Brazos Center in the
a unt of $178.18 for repairs to the irrigation system. Due
t major repairs at the Courthouse, Juvenile Justice Center,
a the Brazos Center the original purchase order was exceeded
b $158.41. On motion by Commissioner Peters, seconded by
C ~missioner Wassermann, the Court voted unanimously to
1 ~ Page I6~
C issioners Court meeting July 26, 2005 3
a rove the payment authorization.
The Court next considered a request from Constable
Precinct 2, Donald Lampo, to appoint Jeffery L. Harris, as
n-paid Deputy Constable. On motion by Commissioner Peters,
s#onded by Commissioner Wassermann, the Court voted
u nimously to approve the request from Constable Lampo to
a oint Jeffery L. Harris as non-paid Deputy Constable subject
t appointment being within the allotted number of deputies.
The next matter before the Court was consideration of the
r
ewal
of
Bid #2004-034, Uniform
Purchase
for
Sheriff's
0
ice,
with
Lonestar Uniforms, Inc.
Lonestar
has
indicated
t#re will be no escalation in price for the period beginning
0 ober 1, 2005 through September 30, 2006. On motion by
C issioner Peters, seconded by Commissioner Mallard, the
C rt voted unanimously to renew Bid #2004-034 under the new
b number of 2005-037R.
The next matter for consideration was approval for the
PT-chasing Agent to advertise Bid 2005-038, Construction
M ager at Risk for Expo Center. On motion by Commissioner
P ers, seconded by Commissioner Wassermann, the Court voted
u nimously to authorize the Purchasing Agent to advertise for
b s for Construction Manager at Risk for Expo Center.
The Court next considered a Hardware Maintenance
1 - ZU Page
Cc n missioners Court meeting July 26, 2005 4
Agreement with Par Worldwide Group, Inc. for the Courthouse
s urity I.D. camera equipment. Cost of the agreement is
$,1397.00 with the term beginning October 1, 2005 and ending
S tember 30, 2006. On motion by Commissioner Wassermann,
s onded by Commissioner Peters, the Court voted unanimously
t approve the Hardware Maintenance Agreement with Par
W ldwide Group, Inc. A copy is attached.
The Court next considered a Software Maintenance
A eement with Par Worldwide Group, Inc. for the Courthouse
s urity I.D. camera equipment. Cost of the agreement is
$ 0.00 with the term beginning October 1, 2005 and ending
S tember 30, 2006. On motion by Commissioner Peters, seconded
b Commissioner Mallard, the Court voted unanimously to
a rove the Software Maintenance Agreement with Par Worldwide
G up, Inc. A copy is attached.
The next matter before the Court was consideration of
e rcising the option in the current contract with Asure
CE-pet Cleaning to renew for an additional year beginning
O ober 1, 2005 through September 30, 2006 with no increase in
p ce. On motion by Commissioner Peters, seconded by
C issioner Wassermann, the Court voted unanimously to
e rcise the option to renew for an additional year.
The Court next considered exercising the option in the
1 '10 Page ~SF6
C missioners Court meeting July 26, 2005 5
c 'rent contract with BCS Stop & Go Potties to renew for an
a itional year beginning October 1, 2005 through September
30, 2006 with no increase in price. These are used at the
Citizen Collection sits. On motion by Commissioner Peters,
s onded by Commissioner Mallard, the Court voted unanimously
t exercise the option to renew for an additional year.
The next matter before the Court was the appointment of a
g up of individuals to serve on the selection committee for
R T0# 2005-038, Construction Manager at Risk for the Expo
C ter. On motion by Commissioner Mallard, seconded by
C issioner Wassermann, the Court voted unanimously to
a oint the following individuals to serve on the selection
c ittee:
Randy Sims - County Judge
Duane Peters - Commissioner, Precinct 2
Richard Vance - County Engineer
Gary Arnold - Road and Bridge Department
Pat Howard - Purchasing Agent (non voting member)
The Court next considered authorizing acceptance of
d ated property from the Brazos County Sheriff's Office
C 'minal Investigation Division. The Sheriff said that this
w a Court of Law ruling. On motion by Commissioner Peters,
s onded by Commissioner Wassermann, the Court voted
u nimously to accept the donated property. A list of the
d ated property is attached.
1 70 Page Lw 7
Court meeting July 26, 2005 6
The Court next considered approval of the Final Plat of
Sj Elmo Subdivision Phase Two, 10.15 Acres in Precinct 3.
hard Vance, County Engineer, stated that he had reviewed
t1te plat and said all appeared to be in order. On motion by
Commissioner Mallard, seconded by Commissioner Peters, the
C rt voted unanimously to approve the final plat of St. Elmo
S division Phase Two, 10.15 Acres as submitted.
The next matter before the Court was a request submitted
bIlSmiling Mallard Development for approval of the following
v#iances to the Brazos County Subdivision and Development
R ulations in the proposed Indian Lakes Phase IX, also known
a The Settlement, a private gated community. The site is in
P# cinct 1. The requested variances are as follows:
a. allow minimum 70' road frontage lot width to be
reduced to 61'-66';
b. allow minimum 70' road right-of-way width for
street/private drive to be reduced to 28'
c. allow minimum 25' front lot setback to be reduced to
20'
d. allow minimum 16 ` front lot utility easement width
to be reduced to 10';
e. allow minimum 10' side lot utility easement and
setback to be reduced to 7.5';
f. allow smaller lots than the minimum 0.5 acre per
unit.
hard Vance, County Engineer, stated that he had reviewed
too request for variance and offered the following comment:
1) Brazos County will not maintain private
subdivisions or behind gates.
O motion by Commissioner Wassermann, seconded by Commissioner
1 :70 Page -10:e
C issioners Court meeting July 26, 2005 7
Peters, the Court voted unanimously to approve the variances
s ject to the developer including on plat that there will be
n County Maintenance ever.
The Court next considered renewal of a lease agreement
ween Brazos County and Mental Health Mental Retardation
A#hority (MHMR) of Brazos Valley for rental of a building
1 ''ated on 623 Marylake, in Bryan, Texas, for the use by the
Juvenile Services Department for the Academy Program. Term of
t1te lease is for the period of thirteen (13) months commencing
o August 1, 2005 and ending on August 31, 2006. The County
a ees to pay to the MHMR the amount of two Thousand three
h dyed eighteen and 40/100 dollars ($2,318.40) per month. On
ion by Commissioner Peters, seconded by Commissioner
lard, the Court voted unanimously to enter into a lease
a #eement with the MHMR for the terms stated above. A copy of
t# Lease Agreement is attached.
Under announcement of interest items and possible future
ajonda topics the following spoke:
County Judge
a) Asked Julie Anderson, Head Sanitarian about
the recommendations to increase septic tank
application fees. She said that we are
still below most counties. We need to
increase the fees from $150 to $200. The
last increase was four (4) yeas ago. The
County Judge asked if they are going to have
a hearing on the increase. Mrs. Anderson
1 Page to l
ioners Court meeting July 26, 2005 8
said yes after the Court's approval. The
County Judge then asked about having a
Workshop on the topic to hear installers'
comments. Mrs. Anderson said that she would
set this up and the County Judge said we
would post the notice so that the entire
Court can attend.
Commissioner Mallard
a) Discussed how the Health Department has a
ring down service that sends out automated
messages to clients. This could be used to
send out messages to residents in affected
areas on road closing etc. DeMerle Giordano,
Emergency Management Coordinator, said she
would happy to utilize this service. She
said that it didn't have to be a disaster but
could be used for public service
announcements.
Under citizen input and/or concerns the following
sibbke.
Gary Arnold, Road and Bridge Department employee
a) He introduced Doug O'Brien the new GSI Manager
There were on Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
meeting was adjourned.
-10
Page
JID
T foregoing minutes of the Commissioners Court meeting held
J y 26, 2005 have been examined and are approved in open
Court this the 1144\ day of C) {qtr- 2005, in Bryan,
B 'zos County, Texas.
c~~t
R dy 'ms Lloyd Wassermann
C n Judge Commissioner, Precinct 1
TDne Peters
C issioner, Precinct 2
C' ey C uley, Jr. `
C is Toner, Pre in it 4
Attest:
Icen McQueen
C my Clerk
Kenny Mal d
Commissione , Precin t 3
1 10 Page
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR
NO. 04/05-37.1 thru 04/05-37.4
this the 26`h day of July 2005 at a regular meeting of the Commissioners' Court, the following
members re present:
R y Sims, County Judge, Presiding
Ll A Wassermann, Commissioner, Precinct 1
E. wane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Ca -i y Cauley, Jr., Commissioner, Precinct 4
K n McQueen, County Clerk
The follow g proceedings were held:
T T WHEREAS, on 26 July 2005 the Court heard and approved a budget amendment for the 2004-
2005 budg year for Brazos County, Texas; and
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 25 August 2004 the
following rndment(s) to the original are hereby authorized, as described on the attached page(s).
A PTED AND APPROVED this the 26`h day of July 2005.
THE COWSSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
Sims, County Judge
Clerk's Office and
l to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
OL -mPAGE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05 - 37.1
7/26/2005
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3000
183100
1120000
CR
Confidential Funds
200.00
3000
183100
1807000
DR
Travel - Reimbursable
200.00
3000
183100
1680000
CR
Training
500.00
3000
183100
1
1
1400000
DR
Peace Officers
500.00
CUDEP Gra
To reallocate
fi
nds based on the budget amendment request that has been approved by Texas Dept. o
f.
Transportatio
for CUDEP Grant.
4'repared By:
Date: _
fd Approved By
/15/2005 Date:
VOL~ PAGE J-/-5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05 - 37.2
7i*.6i1.nnc
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
1130000
CR
Contingency
1,252.00
0100
24101100
1880000
DR
Utilities
942.00
0100
30101100
1880000
DR
Utilities
310.00
Constable
P
1 and JP Pct.l:
To reallocate
ands from t
he County's Contingency to Constable Pct. I and JP Pct. I to cover the future
expenditures
utilities.
Pre aced B
p' ti': fd Approved By
Date: : 7/18/2005 Date:
VOL-70 PAGE tL~'
T- I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05 - 37.3
7/26/2005
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
10000100
1
150600000
CR
Office Supplies
220.00
0100
10000100
1
1155200000
DR
Copier Maintenance
220.00
County Jud
's Office:
To realloca
te
nds to cover the increase in copier maintenance expenditure.
s
cl l~pp►o~ ecl 13
S Date:
VOL Gfi PAGE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05 - 37.4
7/26/2005
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000200
0240000
CR
Detention Supplies
6,000.00
0100
31000200
0080000
CR
Clothing/Uniforms
3,500.00
0100
31000200
2540000
CR
Physician Services
4,050.00
0100
31000200
1
,60350000
DR
Food & Food Supplies
13,550.00
Juvenile Se
'ices - Detention Center:
To realloca
te,
nds to cover the future expenditure in Food & Food Supplies line item.
voc % p a -116
PERSONNEL
CHANGE OF STATUS REQUESTS
Co
issioner Court Date: July 26, 2005
Dep
ent Submitting Information: Human Resourses
m
Pu
;
eof Submissions: Consider and Take Action on Change Requests
Dep
ti
rtment Submitting Employee Request Action Requested
Req
st(s) Applies To
Braz
i
s Center Chapman, Lora New Hire
Juve
le Services Marin, Loretta Resignation
I
Robinette, Janelle Resignation
Roa
and Bridge Engleman, Michael New Hire
Woods, Bobby New Hire
Garcia, Albert Promotion
Weeks, Edward Promotion
Williams, Mary Resignation
App
ved in Commissioners' Court: July 26, 2005:
Con
y Judge's or Commissioner's Signature:
(Thi
opy to be attached to minutes)
`L-IT,
Budgetary Proposal
The PAR Worl
ide Group, inc.
DATE 7/14/2005
15250 Flight P
h Drive
Quotation #
Brooksville, FL
4604
Customer ID Brazos County
Phone 352-79
413 Fax 352-799-7542
E-mail: biosal
@parworldwide.com
Quotation valid until.
Prepared by: Nancy Wenrich
To:
Brazos County
Marcia Mann
300 East 26th Stre
Bryan, TX
979-361-4120
F.O.B. POINT
I Jon Samide 111 N/A N/A N/A Npt nn
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
)/1,
1 dware Maintentance Agreement Extension $ 2,397.00 $ 2,397.00
05 - 9!30/06)
(i ludes: Kodak COD 4000 Camera $483.00,
* Itron P5000 Printer, $1,277.00, Compaq Deskpro
tium Pro EP Series, $637.00) **see attached Agreement
1
care Maintenance / Upgrade Agreement Extension
1/05 -9/30/06) 1
ID Badging Software)
$ 600.00 1 $ 600.00
THANK YOU FOR YOUR BUSINESSI
50% of total paym
Remainder due ul
Pricing subject to
Sales tax is appiic
Please make all ch
Questions concern
.00
TAX RATE 0.0
SALES TAX -
SHIPPING & HANDLING -
TOTAL $ 2.997.
due upon execution of contract.
completion and delivery of specified work product.
al review upon the receipt of Purchase Order.
e based on "Ship To" address unless a tax exemption form is given at time of order.
s payable to The PAR Worldwide Group, Inc.
this quotation or invoice, can be addressed at 352-799-0413 or bio~p orldwidexom.
THANK YOU FOR YOUR BUSINESSI
t, U yC
gg
t
}
3
THE PAR WORLDWIDE GROUP, INC.
15250 FLIGHT PATH DR.
BROOKSVILLE, FL 34604
Ph: 352-799-0413 Fax: 352-799-7542
H DWARE MAINTENANCE AGREEMENT EXTENSION
This Hardware Ma tenance Agreement Extension is entered into this 1st day of October, 2005, by and between The
PAR Worldwide G p, Inc. (hereafter "PAR'S and Brazos County (hereafter "Customer'.
For the valuable c sideration described below, the sufficiency of which is hereby acknowledged, PAR and Customer do
hereby covenant, gntract and agree as follows:
1. PREVIOUS H DWARE MAINTENANCE AGREEMENT:
PAR and Custome ave previously executed a Hardware Maintenance Agreement dated February 1, 2004 (hereafter
`Maintenance Agr ment'% and incorporated herein by reference thereto or by attachment hereto. Term of the
Maintenance Agre ent commenced on the 1st day of February, 2004 and will/did expire on the 30th day of September,
2004.
2. EXTENSION MAINTENANCE AGREEMENT:
PAR and Custome ereby extend and continue the term and duration of the Maintenance Agreement, and incorporate
herein by referen all the terms and conditions of the Maintenance Agreement. The Maintenance Agreement shall
continue and exte ii J for an additional term, commencing on the 1st day of October, 2005 and expiring on the 30th day of
September, 2006.
WITNESS THE SIGNATURES OF THE PARTIES
Company
Sign:
Printed Name:
TitleCouh~- ~v
Date:
The PAR Worldwide Group, Inc.
Sign:
Printed Name:
Title:
Date:
Tech Support: (352) 799-0413
E-Mail: suoportftarworidwide.com
Sales: (352) 799-0413 Fax: (352) 799-7542
E-Mail: biosalesCa r)arworldwide.com
-
b
THE PAR WORLDWIDE GROUP, INC.
15250 FLIGHT PATH DR.
BROOKSVILLE, FL 34604
Ph: 352-799-0413 Fax: 352-799-7542
www.parworldwide.com
SOFTWA I,LE MAINTENANCE / UPGRADE AGREEMENT EXTENSION
This Software Mai enance / Upgrade Agreement Extension is entered into this 1n day of October, 2005, by and
between The PAR orldwide Group, Inc. (hereafter "PAR'S and Brazos County (hereafter "Customer'.
For the valuable c sideration described below, the sufficiency of which is hereby acknowledged, PAR and Customer do
hereby covenant, ntract and agree as follows:
1. PREVIOUS S ARE MAINTENANCE / UPGRADE AGREEMENT:
PAR and Custome ave previously executed a Software Maintenance / Upgrade Agreement dated February 1, 2004
(hereafter "Mainte nce Agreement'D, and incorporated herein by reference thereto or by attachment hereto. Term of
the Maintenance reement commenced on the 1st day of February, 2004 and will/did expire on the 30th day of
September, 2004.
2. Ean TENSION MAINTENANCE AGREEMENT:
PAR nd Custome ereby extend and continue the term and duration of the Maintenance Agreement, and incorporate
herein by referenc `all the terms and conditions of the Maintenance Agreement. The Maintenance Agreement shall
continue and exte for an additional term, commencing on the I't day of October, 2005 and expiring on the 30th day of
September 2006.
WITNESS THE SIGNATURES OF THE PARTIES
Company Name The PAR Worldwide Group, Inc.
Sign: Sign:
Printed Name: S Printed Name:
Title: Title:
Date: Date:
Tech Support: (352) 799-0413
E-Mail: support@aarworldwide.com
Sales: (352) 799-0413 Fax: (352) 799-7542
E-Mail: biosales0parworldwide.com
r ILt ND.jUd 6/1:3 'VS I'll VZ--V2 IV--kA V-LJS WY VL4( J4-C>INLx hHr%;U(U Jbt 4L-46
ACCEPTANCE
By si ing herewith, BCS Stop & Go Potties agrees to renew Annual
Cont t for Portable Toilet Rental, in accordance with all terms and
cond ns previously agreed to and accepted, and with no increase in price.
I and tand this agreement will be for the period beginning October 1, 2045
throw September 34, 2006.
& Go Potties
Signature
COUNTY
APP
b,ma, 4ounty judge
a7Jf.Vas---
Date
oars
G ~
rr+ut ~ c
__-14
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPAR
MENT Road and Bridge NUMBER 560010
DATE
COURT MEETING: July 26. 2005
ITEM:
nsider and take action on request from Smiling Mallard Development for
a rov
of the following variances to the Brazos Count Subdivision and Develo ment
Regulati
ons in the proposed Indian Lakes Phase IX also known as The Settlement a
private ii~
ted communit : 1 allow minimum 70' road frontage lot width to be reduced
to 61'- 6
T. 2 allow minimum 70' road right of way width for street/ private drive to be
reduced
28' 3 allow minimum 25' front lot setback to be reduced to 20' 4 allow
minimum
16' front lot utility easement width to be reduced to 10' S allow minimum 10'
side lot
ilit easement and setback to be reduced to 756 allow smaller lots than
the mini
um 0.5 acre er unit. See attached letter of presentation and Preliminary lat.
Site is to
ted in Precinct 1.
SOURCE
OF FUNDS: N/A
PRESS
ATION: Brazos County will not maintain private subdivisions or behind
gates.
SUBMITT
ED BY: APPROVED BY:
Rich
Cou
CC05-07d
ce, P.E. Commissioner Lloyd Wassermann
Precinct 1
d
This Re
est is /approved or) Denied by Commissioners' Court
Date:
R
dy S' s, County Judge
VOL z
/~J
Villages 4~ Indian Lakes - Phase IX
VARIANCE REQUEST
From its i eption, the Villages of Indian Lakes has been a community designed around the central theme
of conse tion and enjoyment of our natural environment. Our mission is to provide our client families
with an o ortunity to live in a community that allows them to experience nature through outdoor activities
like hikin biking, fishing, boating, and wildlife watching. Until now, our land planning efforts have
focused providing families with large acreage home sites. Based on experience and market study, we
have four a large group of potential clients who wish to experience what The Village of Indian Lakes has
to offer i the way of amenities, but do not want large acreage home sites that they must personally
maintain. Phase IX, also known as The Settlement, was designed in response to the alternative lifestyle
mentioned above. With Phase IX we have packaged access to the Indian Lakes' amenities with the
often-des d reduced yard maintenance common with small lot, patio home-style subdivisions.
At the pl i level, with only few exceptions, we are presenting a subdivision layout similar to many other
patio ho projects located with the city limits of College Station. For instance, our proposed lots will
exceed t minimum lot square footage and dimensions for typical R-1 lots required within the city limits.
The prop ed subdivision will not require any public utility services from the City of College Station.
Water se ice will be provided by Wellborn Special Utility District, electrical by Bryan Texas Utilities,
sanitary lower by an onsite package wastewater treatment plant, and gas utilities by an independent
We have et in previous months with members of the Brazos County Commissioner's Court and Brazos
County R d & Bridge and have received positive feedback on preliminary plans. On July 7, 2005 the
College S tion Planning & Zoning Commission approved the Preliminary Plat for Phase IX, unanimously.
Smiling Ilard Development would like to acknowledge the following items with regard to the
developm t plans for Indian Lakes Phase IX.
The prop ed subdivision will provide access to lots through the use of a 24' wide concrete, inverted-
crown pri to drive. Cul-de-sac portions of the driveways will be 20' wide concrete, inverted-crown
sections. treet drainage will follow along a path in the center of the street then to drainage structures
that will o all into adjacent creeks and ultimately into neighboring Lake Arapaho. Water and sanitary
sewer util s will be placed within the private drive right-of-way. Electrical, gas, and telephone will be
placed wi in the 10' public utility easements along the fronts of all lots. Refer to the submitted
Prelimina Plat for further information. The drawing below shows a typical street section.
PLATTED LGT 1(r RUM. ~ 28' RIGHT-OFWAY 10' P.U.E. PLATTED LOT
---------1--------- i i
MEPTHvMNM I I I aP cORC. wMY. 1 I I IDEPIR VAREi)
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TUJ3'CE HECIWAL SAWYARY WAR3ilIE EIECRifK OA6
I)E LAE SEWER UNE LINE UIE
TYPICAL PRIVATE DRIVE CROSS SECTION
Page 1 of 1
FAGS
T'* I
Villages R Indian Lakes - Phase IX
An onsit package wastewater treatment plant will provide sanitary sewer utility services for the proposed
subdivisi . This facility will be owned and maintained by the subdivisions Homeowner's Association.
The dev per has submitted a wastewater treatment plant permit application to TCEQ. This application
is curren I under review by TCEQ staff.
The dev+per fully intends to provide waterlines capable of supporting the necessary water volumes to
meet fire ow requirements.
The dev per is planning to develop this project as a gated community. The entry gate feature will be
designed nd installed according to the setbacks and other requirements provided within the City of
College ation's Unified Development Ordinance. Emergency entry will be provided at the access
control b .
Smiling 441[ard Development is requesting a Variance consideration for the following items:
Accordin 'to the Subdivision Regulations, minimum lot widths in the ETJ are recommended to be 70'.
The Dev Iper is requesting a variance for lot widths less than 100'. Since the proposed plan calls for a
variety of ifferent lot widths, please refer to the Preliminary Plat for actual lot dimensions. At the private
drive righ of-way, the majority of the proposed lot widths range from 61' to 66'. Based on reasonable
design st, ii dards, the proposed lot width is adequate for the type of development planned.
Access t ots within this subdivision is planned by way of a 28' private drive right-of-way. Currently, the
minimum ublic road right-of-way is 70' in the ETJ. The developer is requesting a variance for a 28'
private drive right-of-way to provide access to the lots within this development. Since the proposed
access d i e is planned as a 24' paved private street with centerline storm drainage, the proposed 28'
right-of-we will provide adequate space for the design and construction needs of the street system,
particularl for the type of development planned and the anticipated minimal amount of traffic volume
expected ithin this small gated community.
Based on a Subdivision Regulations, the minimum front lot setback in the ETJ is 25'. The developer is
requesting variance for a 20' front setback. This development intends to create an environment that
encourage: front porch gatherings between neighbors and a heightened degree of intimacy between
home an treetscape. This reduced front setback is in response to this type of development plan and
the anticipated minimal amount of traffic volumes within this small gated community. Each home will
have a tw car garage and room for two cars in front of each home. Additional visitors will be allowed to
park on th streets and in various parking areas to be constructed in the HOA Common Areas.
Page 2 of 2
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Villages 4% Indian Lakes - Phase IX
Accordin to the Subdivision Regulations, the minimum recommended front lot utility easement width is
16'. Th eveloper is requesting a variance for a 10' utility easement along the front of each lot. Since
the priva drive will also serve as a utility easement, the additional 10' across the front of each lot would
be adeq a for additional utility easement needs.
Lots in t ETJ are required to provide a 10' utility easement along all side property lines. The developer
is reque g a variance for a 7.5' utility easement along the side lot lines of each lot. This reduced utility
easeme ould be adequate taking into account its feasibility for lots in similar developments within the
city limits f College Station. This 7.5' utility easement would also serve as the side lot setback.
City/Cou Subdivision Regulations recommend a minimum 0.5-acre lot within the ETJ. The developer
is requesli d a variance from this recommendation to allow lot acreages less than 0.5 acres. Since the
propose tans call for a variety of different lot acreages, please refer to the Preliminary Plat for
requested of acreages. Based on a comprehensive review of the development planned, the proposed lot
acreages re adequate. To accommodate sanitary sewer treatment needs, this project will be served by
a private ckage wastewater treatment facility.
This proj , t is planned as a gated community with privately maintained streets. The Subdivision
Regulatio is recommends that lots accessed by a private drive should be five acres in size or larger. The
Develop is requesting a variance for smaller lot sizes (refer to Preliminary Plat for actual lot acreages).
Based o he type of development planned, the proposed street and utility design will be adequate to
serve th 'needs of the community. The proposed private streets are intended to be constructed of
concrete, hich greatly exceeds the minimum construction standards for similar public streets within
Brazos C ntv.
Page 3 of 3
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MENTA HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY
COMMERCIAL LEASE
This lease a eement is made and entered into by and between Mental Health Mental Retardation
Authority o Brazos Valley ("Landlord"), and Brazos County Juvenile Services. Landlord hereby
leases to Tenant and Tenant hereby leases from Landlord the following space in the building, 623
Marylake (B Wing C) Bryan, Texas, 77801:
Section of building C, consisting of approximately 3,680 square feet.
The primary rm of this lease shall be thirteen months commencing on the 1" day of August, 2005,
and ending o the 31" day of August, 2006, upon the following terms, conditions, and covenants:
1. UTILITIES. Tenant shall pay all charges for utility services to the leased premises: Tenant
shall ovide janitorial services.
2.
3.
4.
5
HOL G OVER. Failure of Tenant to surrender the leased premises at the expiration of
the le a constitutes a holding over which shall be construed as a tenancy from month to
mont t a rental of $2,318.40 per month.
REN ! Tenant agrees to and shall pay Landlord at P. O. Box 4588, Bryan, Texas, 77805-
4588, or at such other place Landlord shall designate from time to time in writing, as rent for
the leased premises, the total sum of $30,139.20 payable without demand in equal monthly
paym is of $2,318.40 each in advance on or before the 10`h day of each month, commencing
on A st 1, 2005, and continuing thereafter until the total sum shall be paid. Rent received
after t 201h day of the month shall be deemed delinquent. If rent is not received by Landlord
by the 0th day of each month, the Tenant shall pay a late charge of per day until the
rent i received in full. Tenant shall pay $25.00 for each returned check.
SECTITY DEPOSIT. Landlord had not required a security deposit.
INSU NCE. Landlord shall pay for fire and extended coverage insurance on the buildings
and er improvements of the leased premises. Tenant shall provide public liability
insur a in the amount of $1,000,000 and contents damage insurance of $20,000 for its
opera o ns in the leased premises. Tenant shall provide Landlord with certificates of
insura e evidencing the coverage required herein. Tenant shall be solely responsibly for fire
and c alty insurance on Tenant's property on or about the leased premises. If Tenant does
not miintain such insurance in full force and effect, Landlord may notify Tenant of such
failure and if Tenant does not deliver to Landlord within 30 days after such notice
certifi tion showing all such insurance to be in full force and effect, Landlord may at his
optio take out necessary insurance to comply with the provision hereof and pay the
premi s on the items specified in such notice, and Tenant covenants there upon on demand
to rei burse and pay Landlord any amount so paid or expended in the payment of the
insura e premiums required hereby and specified in the notice
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ITION OF PREMISES. Tenant has examined and accepts the leased premises in its
as is condition as suitable of the purposes for which the same are leased, and does
accept the leased premises regardless of reasonable deterioration between the date of
ise and the date Tenant begins occupying the leased premises unless Landlord and
agree to repairs or refurbishment.
TENANCE AND REPAIRS. Landlord shall keep the foundation, roof, structural
nents, electrical components, air conditioning and heating units, plumbing and pipes, in
epair except that in the event of repairs or replacements required due to the negligence
ant, Landlord shall only be responsible to pay for the prorated cost of the item to date
repair or replacement based upon the estimated useful life of the item. If Landlord is
to make repairs according to this subsection, and the need for such repairs is the result
ant negligence, then Tenant is responsible for the costs of such repairs. Tenant shall
ie leased premised in good, neat condition. At the termination of this lease, Tenant
leliver the leased premises in good order and condition, reasonable wear and tear
RATIONS. All alterations, additions and improvements, except trade fixtures,
;d at expense of Tenant, shall become the property of Landlord and shall remain upon
surrendered with the leased premises as part thereof on the termination of this lease.
Etlterations, additions, and improvements may only be made with the prior written
it of Landlord, which consent shall not be unreasonably withheld. If consent is granted
making of improvements or alterations to the leased premises, such improvements and
ons shall not commence until Tenant has furnished to Landlord a certificate of
ice showing coverage in an amount satisfactory to Landlord. At the termination of this
Tenant shall deliver the leased premises in good order and condition, normal wear and
ily excepted. Any damage caused by the installation or removal of trade fixtures shall
aired at Tenant's expense prior to the expiration of the lease term. All alterations,
cements, additions, and repairs made by Tenant shall be in good and workmanlike
SEC ITY. Landlord shall provide Tenant with necessary keys for building entry. Tenant
shall of make copies of any keys without the expressed permission of Landlord. All lights
are t e turned off, and the security system set, if appropriate, before leaving the building.
DES UCTION. In the event the leased property is partially damaged or destroyed or
rend d partially unfit for occupancy by fire or other casualty, Landlord may repair the
dam e and restore the leased premises to substantially the same condition as immediately
2
IN,
prior o the occurrence of the casualty. Such repairs shall be made at Landlord's expense.
Lan rd shall allow Tenant a fair reduction of rent during the time the leased premises are
part] ly unfit for occupancy. If the leased premises are totally destroyed or deemed by the
Lan rd to be rendered unfit for occupancy by fire or other casualty, or if the Landlord shall
deci not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time
of su casualty.
11. TEN. 5 NT DEFAULT. If Tenant abandons the premises or otherwise defaults in the
perf ance of any obligations or covenants herein, Landlord may enforce the performance
of th lease in any manner provided by law. This lease may be terminated at Landlord's
discr ion is such abandonment or default continues for a period of ten (10) days after
Land rd notifies Tenant of such abandonment or default and of Landlord's intention to
decl this lease terminated. Such notice shall be sent by Landlord to Tenant at 623
Mar e, Bryan, Texas, 77801, by certified mail. In the case of any other default or material
brea the lease shall be terminated upon thirty (30) days notice of any material breach or
defa provided that such breach has not been cured within thirty (30) days. Said time for
curin the breach may be extended for such time as the party in breach is diligently seeking to
cure A-iy breach that is not reasonably capable of cure within thirty (30) days. Thereafter,
Land rd or its agents shall have the right, without further notice or demand, to enter the
lease premises and remove all persons and property without being deemed guilty of trespass
and thout waiving any other remedies for arrears of rent or breach of covenant. Upon
aban nment or default by the Tenant, one-half of the remaining unpaid portion of the rental
from ragraph 3 herein, or 2 months rent, whichever is less, shall become due and payable.
12. LIE Landlord is granted an express contractual lien, in addition to any lien provided by
law, d a security interest in all property of Tenant found on the leased premises to secure
the c pliance by Tenant with all terms of this lease. In the event of default, Landlord or its
agent may peaceably enter the leased premises and remove all property and dispose of the
same ins Landlord shall see fit.
13. SUB DINATION. Landlord is hereby irrevocably vested with full power and authority to
subor nate this lease to any mortgage, Deed of Trust, or other lien hereafter placed on the
demi d premises and Tenant agrees on demand to execute such further instruments
subo nating this lease as Landlord may request, provided such subordination shall be on the
expre condition that this lease shall be recognized by the mortgagee, and the rights of
Ten shall remain in full force and effect during the term of this lease so long as Tenant
shall ntinue to perform all of the covenants and conditions of this lease.
14. IND ITY. Landlord and its employees and agents shall not be liable to Tenant or to
Tenants employees, patrons, visitors, invitees, or any other persons for any injury to any such
person or for any damage to personal property caused by an act, omission, or neglect of
Tenant or Tenant's agents. Tenant agrees to indemnify and hold Landlord and its employees
and ents harmless from any and all claims for such injury and damages, to the extent
allow by law, when the injury occurs on the leased premises. Landlord shall be included as
an ad tional insured on Tenant's insurance policy.
3
15. SIGP
with
sins
Tenant shall not post or paint any signs at, on, or about the leased premises except
prior consent of the Landlord. Landlord shall have the right to remove any sign or
order to maintain the leased premises or to make any repairs or alterations thereto.
16. TEN NT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary assignment for
the b efit of creditors or if a receiver is appointed for Tenant, Landlord may terminate this
lease y giving five (5) days written notice to Tenant of Landlord's intention to do so.
17. CO EMNATION. If the whole or any substantial part of the leased premises is taken for
any blic or quasi-public use under any governmental law, ordinance or regulation or by
right f eminent domain or should the leased premises be sold to a condemning authority
unde hreat of condemnation, this lease shall terminate and the rent shall be abated during the
unex red portion of the lease effective from the date of the physical taking of the leased
18. NOT ES. Notices to tenant shall be by certified mail or other delivery to 623 Marylake,
Brya Texas, 77801. Notices to Landlord shall be certified mail to the place where rent is
paya e.
19. CO LIANCE WITH LAWS AND REGULATION. Tenant shall, at its own expense,
com 1 with all laws, orders and requirements of all government entities with reference to the
use d occupancy of the leased premises. Tenant and Tenant's agents, employees and
invit s shall fully comply with any rules and regulations governing the use of the building or
other " iprovements to the leased premises as required by law.
20. DEF LT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty,
term r obligation of this lease, then Landlord's failure to cure same or commence a good
faith fort to cure same within ten (10) days after written notice thereof by Tenant shall be
consi red a default and shall entitle Tenant to terminate this lease.
21. SIG . During this lease, a "For Sale" sign and /or a "For Lease" sign may be displayed on
the 1 sed premises and the leased premises may be shown at reasonable times to prospective
purc Isers or tenants.
22. RIG OF ENTRY. Landlord shall have the right during normal business hours to enter the
demi premises; (a) to inspect general condition and state of repair thereof, (b) to make
repai required or permitted under this lease, or (c) for any other reasonable purpose.
23. WAI ER OF BREACH. The waiver by Landlord of any breach of any provision of this
lease hall not constitute a continuing waiver or a waiver of any subsequent breach of the
same Ir a different provision of this lease.
4 _
24. TIM4,10F ESSENCE. Time is expressly declared to be of the essence in this lease.
25. BIN G OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to
assig ent of the Tenant's interest, all provisions of this lease shall extend to and bind, or
inure the benefit not only of the parties to this lease but to each and every one of the heirs,
exec rs, representatives, successors, and assigns of Landlord and Tenant.
26. RIG S AND REMEDIES CUMULATIVE. The rights and remedies by this lease
agre ent are cumulative and the use of any one right or remedy by either party shall not
precl e or waive its right to use any or all other remedies. Said rights and remedies are
give in addition to any other rights the parties may have by law, statue, ordinance, or
27. TE LAW TO APPLY. This agreement shall be construed under and in accordance with
the lao, of the State of Texas.
28. LEG CONSTRUCTION. In case any one or more of the provisions contained in this
agree ent shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such: i validity, illegality, or unenforceable shall not affect any other provision hereof and this
agree ent shall be construed as if such invalid, illegal, or unenforceable provision had never
been ntained herein.
29. PRI AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only
agree ent of the parties to this lease and supersedes any prior understanding or written or oral
agree ents between the parties respecting the subject matter of this lease.
30. AME DMENT. No amendment, modification, or alteration of the terms hereof shall be
bindi unless it is in writing, dated subsequent to the date hereof, and duly executed by the
31. ATT NEY'S FEE. Any signatory to this lease agreement who is the prevailing party in
any legal proceeding against any other signatory brought under or with relation to this lease
agreement or this transaction shall be additionally entitled to recover court costs, reasonable
attornty fees, and all other out-of-pocket costs of litigation, including deposition, travel and
witne costs, from the non-prevailing party.
32. SP
CONDITIONS.
a) Lessee is herein granted an option to renew this lease upon reasonable terms and
conditions acceptable to both parities herein. Negotiation for renewal is to be made
~j5
d^ Pit S r
three months prior to the end of each lease period. This lease can be terminated with
30 days written notice, without cause, by either party,
b) Tenant represents that he/she is not related, directly or indirectly, to any member of
the Board of Directors of Lessor and that to his/her knowledge, no person affiliated
with Lessor is receiving remuneration in any form as a result of the giving of this
lease.
c) Tenant reserves the right to give 30 days notice to terminate lease upon notification
of loss of funding for programs operated at this leased location. The lease is
automatically terminated at the end of the 30 days.
d) Tenant shall have use of the covered area known as the Pavilion and the open lawn
area behind buildings "A" and "B" in exchange for lawn care of the property used by
Tenant.
Lan rd and Tenant have signed this Lease at the place and on the dates specified adjacent to
their gnatures below and have initialed all Riders which are attached to or incorporated by
refer ce in this Lease.
Mental Health Mental Retardation Authority of Brazos Valley
By:
Leon Bawcom, Executive Director
Tenal t: Brazos
By:
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Date
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Date