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HomeMy WebLinkAboutResolution - 4259 - Facilities Agreement - TDCJ - Psychiatric Support Facility - 09_09_1993Resolution No. 4259 September 9, 1993 Item #33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Facilities Agreement by and between Lubbock County, Texas, the City of Lubbock and the Texas Department of Criminal Justice, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: &7Er,_ X� C��L Betty 0. Johnsorgity Secretary APPROVE TO CONTENT, o zs, Director of Business Re ons/Economic Development APPROVED AS TO FORM: G o n C. Ross, Jr., City ttorney JCR:da1AGENDA-D1/A-CRIMJS.r*s Auguat 16, 1993 STATE OF TEXAS 5 COUNTY OF LUBBOCK 5 FACILITIES AGREEMENT THIS FACILITIES AGREEMENT (as amended or supplemented as herein provided, the "Agreement") is made and entered into by and between LUBBOCK COUNTY, TEXAS (the "County") a duly organized County of the State of Texas, the CITY OF LUBBOCK (the "City"), a duly organized City within the State of Texas and the TEXAS DEPARTMENT OF CRIMINAL JUSTICE, (together with any successor to its functions, the "Department"), which is an agency of the State of Texas. WITNESSETH: WHEREAS, the Department desires to build a psychiatric support facility within the County for detention, treatment, education, rehabilitation, and reformation of sentenced felons„ capable of housing a population of 500 persons; and WHEREAS, the County and the City have made certain promises to the Department, including among other things to convey certain lands, provide certain utilities, and other incentives as described herein to the Department, in order to induce the Department to construct such facility within the County; and WHEREAS, all things have been done which are necessary to authorize the execution of this Agreement and to constitute this Agreement a valid contract of the parties hereto in accordance with its terms; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter contained, and subject to the conditions herein set forth, the parties hereto covenant, agree, and bind themselves as follows: ARTICLE ONE DEFINITIONS SECTION 1.01. Interpretation. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (a) Whenever used in this Agreement, the capitalized terms used in Section 1.02 have the meanings assigned to them therein. In each case, defined terms include the plural as well as the singular. (b) All references in this instrument to designated "Articles", "Section", "Exhibits", and other subdivisions are to the designated Articles, Sections, Exhibits and other subdivisions of this instrument as originally executed. (c) The words "herein", "hereof", and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section, Exhibit, or other subdivision. (d) This Agreement may contain references to documents, contracts, and other instruments that are not in existence on the date of execution hereof. When and as such instruments are prepared and are approved by the County, the City and the Department, the references herein to such instruments and to any capitalized terms used therein shall have the same effect as though such instruments existed on the date of execution hereof. SECTION 1.02. Definitions. "Act" means Chapter 496, Subchapter A., Government Code, TEX. REV. CIV. STAT. ANN., as amended. "Agreement" means this instrument, as originally executed or as it may from time to time be supplemented, modified or amended by one or more instruments supplemental hereto entered into in accordance with applicable provisions hereof. "Authorized Representative of the County, the City and the Department" means: (i) with respect to the County, any Person designated in writing signed by the County Judge to act for and on behalf of the County; (ii) with respect to the City, any Person designated in writing signed by the presiding officer of City's governing body to act for and on behalf of the City; and (iii) with respect to the Department, the Executive Director, the Director of Institutional Division or the Deputy Director designated in writing signed by the Executive Director to act for and on behalf of the Department. The specimen signature of the Person or Persons designated as Authorized Representative of the County, the City and the Department shall be contained in or be attached to such designating instrument and such designation shall be furnished upon request to any party hereto. The designation of an Authorized Representative shall remain effective until a new written instrument is filed with or actual notice is given to the other parties that such designation has been revoked. "Board" means the Texas Board of Criminal Justice. "City" means the City of Lubbock. "County Judge" means the duly elected and acting chief executive officer of Lubbock County, Texas, "Department" means the Texas Department of Criminal Justice. "Land" means the real property to be conveyed to the State for the use and benefit of the Department and upon which the Project is to be constructed. "Non -Appropriation" means the failure of the Legislature of the State to appropriate money for the construction or equipping of the Project or the failure of the State to sell sufficient bonds to underwrite construction of the Project. "Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof or any local government or subdivision thereof. FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 2 "Project" means the psychiatric support facility to be constructed and equipped on the Land. "State" means the State of Texas. "Term" means the duration of this Agreement as specified herein and shall include any extensions of the Term as provided herein. "Utilities" means electricity, natural gas, potable water, sanitary sewer, solid waste disposal, telephone and TV cable. SECTION 2.01. Representations of the County. The County makes the following representations as the basis for the undertakings on the part of the County herein contained: (a) The County is a duly organized County of the State of Texas under the statutes and Constitution of the State; (b) Pursuant to applicable law, the County has the requisite power to enter into this Agreement and to perform its obligations hereunder. (c) The County has duly authorized the execution and delivery of this Agreement and assuming due authorization, execution, and delivery by the City and the Department, this Agreement constitutes a legal, valid, and binding agreement of the County enforceable against the County in accordance with its terms. SECTION 2.02. RUre ntatignsf the Cit. The City makes the following representations as the basis for the undertakings on the part of the City herein contained: (a) The City is a duly organized home rule city of the State under the statutes of the State of Texas. (b) Pursuant to applicable law, the City has the requisite power to enter into this Agreement and to perform its obligations hereunder. (c) The City has duly authorized the execution and delivery of this Agreement and assuming due authorization, execution, and delivery by the County and the Department, this Agreement constitutes a legal, valid, and binding agreement of the City in accordance with its terms. SECTION 2.03. RRpresentafipn of the Dew ment. The Department makes the following representations as the basis for the undertakings on the part of the Department herein contained: (a) Pursuant to applicable law, the Department has the requisite power to enter into this Agreement and to perform its obligations hereunder and by proper Board action has been duly authorized to execute, deliver, and perform this Agreement. FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 3 (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby and thereby, and the fulfillment of or compliance with the terms and conditions of this Agreement, do not conflict with or result in a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which the Department is now a party nor does it constitute a default under any of the foregoing. SECTION 2.04. CerWn Findings of the Department. The Department hereby finds and determines that the Project, assuming the accuracy of the County's representations made in Section 2.01 and the City's representations made in Section 2.02 will be proper and suitable in carrying out the Department's statutory powers and purposes. ARTICLE THREE s lV WAU161-:01ALK-101 SECTION 3.01. Agreement to Convey Land. The City agrees to convey or have conveyed to the STATE OF TEXAS for the use and Benefit of the TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, by special warranty deed, the following described tract of land more fully described in Exhibit "A" attached hereto and incorporated herein as though fully set forth: TOGETHER WITH all and singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto and with all improvements, fixtures, and personal property located thereon save and except such minerals as described in Section 3.02 hereof. SECTION 3.02. Reservation of minerals. ;senj land owners. The mineral interests transferred to the Department shall be set forth deed or deeds of conveyance from the City to Department. SECTION 3.03. Prgliminga Title Report. Prior to conveyance of the Land, a preliminary title report (the "Title Report") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc. affecting the Land shall be delivered to the Department. The Department shall promptly review such Title Report and notify the City whether the condition of title as set forth in the Title Report is satisfactory to the Department. If title condition in the reasonable opinion of the Department is not satisfactory, such Title Report shall be modified to the reasonable satisfaction of the Department. SECTION 3.04. 5urva of Land. At a reasonable time prior to closing, a current plat of survey of the Land, prepared by a duly licensed Texas land surveyor shall be delivered to the Department. The survey shall be staked on the ground with markers set at the corners, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Land, and shall set forth the number of total acres comprising the Land, together with a metes and bounds description thereof. FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 4 SECTION 3.05. Surveys and Te De ar m nt. It is agreed that prior to closing, the parties hereto will make all reasonable efforts to provide Department access to the Land to conduct engineering surveys and feasibility studies of the Land. Upon providing such access, Department or Department's agents may enter upon the Land for purposes of core drilling and soil analysis or other tests which may be deemed necessary to the Department's engineer. SECTION 3.06. 1 sin . Closing shall be held in Lubbock County, Texas, on or before November 1, 1992 or as soon thereafter as may be agreed between the parties hereto. At the Closing the City shall: (1) Deliver to the Department duly executed and acknowledged special warranty deeds conveying good and marketable title in fee simple to all of the Land, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions except for those shown in and approved by the Department in the preliminary Title Report. (2) Delivery to the Department a Texas Owner's Title Policy in the State's favor insuring the State's fee simple title to the Land subject only to those exceptions contained in such title policy. (3) Deliver to the State possession of the Land. SECTION 3.07. Takes. The City warrants that all ad valorem taxes assessed against the Land to be conveyed will have been paid or satisfied for the most recently completed tax year and all prior years. It is further agreed by the parties hereto that the Department shall not be responsible for payment of any ad valorem taxes assessed against any property conveyed to the State in accordance with this Agreement. Additionally, Department shall not be liable for any rollback penalties or other such taxes or penalties assessed due to Department's change of use of the Land. ARTICLE FOUR OBLIGATIONS. REPRESENTATIONS AND WARRAEM OF THE COUNTY AND CITY SECTION 4.01. Roads Provided by Lubbock Qounty. The County agrees to provide at no cost to Department the following roads, however, the total costs to the County for road improvements provided by the County shall not exceed Two Hundred Thirty Six Thousand Dollars ($236,000.00). (1) One paved (24 ft. wide pavement road surface) two lane entrance road from County Road 27 to the facility parking lot constructed to 80,000 lb. State Transportation Commission farm -to -market road standards. This will also include improvements to County Road 27 to facilitate the entrance road. (2) One paved (20 ft. wide) parameter road surface around the facility. (3) The County agrees to provide a temporary entrance road for use during construction of the facility. Such road will be used for heavy construction traffic during construction of the facility, must be capable of withstanding heavy truck traffic during all expected weather conditions, and be a minimum width of 24 feet. It is agreed that the temporary construction road may also be the entrance road required by subsection (1) of this FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 5 Section, however, if such entrance goad is also used as the temporary construction road, said entrance road must be brought up to farm -to -market road standards including paving for carrying 80,000 lbs. gross weight upon completion of the facility. SECTION 4.02. Elected Incentives. All offered incentives are set forth in Exhibit B attached hereto and mead apart hereof for all purposes. SECTION 4.03. Utility Cont. When requested by the Department, the County and the City agree to assist and support the Department in negotiation of utility contracts for utilities not provided by a party or parties to this Agreement. SECTION 4.04. Health Care Services. The County and the City shall assist Department in obtaining access to health care services for both the employees of the Department and the inmates incarcerated by the Department. It is contemplated that the Health Services Division of the Department will acquire necessary medical services in accordance with applicable law for inmates incarcerated in the facility. As used in this SECTION 4.05. Educational and Training Service. It is contemplated that the Department will contract with local and regional educational and training institutions to provide academic and/or vocational courses of instruction for both the inmates incarcerated in the facility and for employees of the Department. The City agrees to assist the Department in acquiring such services as used in this section. Assistance by the City shall not be taken to mean financial assistance. SECTION 4.06. Other Incentives. It is agrees that various local entities have offered to the Department the incentives listed in Exhibit W attached hereto. The City agrees to assist the Department in acquiring those incentives elected by the Department. The Department will notify the offering entities and the parties hereto of those incentives it elects to accept and the procedures for delivery of such incentives. ARTICLE FIVE OBLIQATIQNS, REPRESENTATIONS, AND WARRANTIES OF THE CITY SECTION 5.01. Potable Water and Sewer Utilities. (a) City agrees to lay, install, connect and maintain potable water and sanitary sewer lines to the Project at no cost to the Department and to provide such potable water and sanitary sewer utilities to the Department, in the quantities and flow rates as described in the Department's Request for Proposal. City further agrees to provide such services as follows: (1) Temporary water to Project construction site shall be available August 15, 1993. (2) Permanent potable water and overhead water storage shall be supplied May 1, 1994. (3) Permanent sanitary sewer line shall be furnished August 1, 1994. FACILITIES AGREEMENT TEXAS DEPARTMENT 4F CRIMINAL JUSTICE - Page 6 (b) The Department agrees to purchase potable water and sanitary sewer services from the City and further agrees to pay the current rates for commercial service as is charged to all other commercial customers receiving such services above mentioned. (c) It is understood and agreed that until such time as the Department issues the final completion certificate to the construction contractor, such construction contractor shall be responsible for payment of all utility charges, including water and sanitary sewer charges. SECTION 5.02. Solid Wasxg. The City agrees to disppoase at City's landfill solid waste generated by the Department. Fee for such disposal shall be 13.00 per ton if the Department hauls such solid waste to City's landfill using its own equipment. Such fee shall be effective and shall not be changed for a period of one year from the date the Project is accepted and becomes operational. The Department may contract for the pick-up and hauling of such solid waste to an outside vendor, however, such vendor will be charged the current standard rate then prevailing for commercial haulers.] Medical waste is not &c=LQd at City landfill, City ARTICLE SIX OBLIGATIONS, REPRESENTATIONS AND WA OF THE DEPARTMENT SECTION 6.01. Construction and Qneration of PrWect. The Department recognizes that the City has agreed to purchase and donate the Land in response to the Department's Request for Proposal. The Department hereby affirms its obligation, beginning upon the conveyance of the Land to the Department, to employ due diligence until completion of the Project, to acquire, construct and equip the Project, or cause the Project to be acquired, constructed and equipped. SECTION 6.02. Recor veyance by the Dpartmen. In the event that the State determines not to construct the Project and permanently abandons same prior to completion of construction by the Department on the Land, then the Department shall seek approval of the next regular session of the Texas Legislature to reconvey the Land to the City. ARTICLE SEVEN EFFECTIVE DATE OF AGREEMENT DURATION aF TERM SECTION 7.01. Effective date of Agreement: Duration of Terns. This Agreement shall become effective upon its execution and delivery and the rights and obligations created by this Agreement shall then begin and shall continue in full force and effect, unless terminated as hereinafter provided, until five years from the date that the Project is certified as completed as described in the Department's standard Final Completion Certificate issued to the construction contractor upon completion of the Project. FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 7 ARTICLE EIGHT TERMINATION QF AGREEMENT SECTION 8.01. This Article Paramount. Notwithstanding any other provision of this Agreement, the provisions of this Article prevail over any other provisions hereof. SECTION 8.02. The payment of money under any provision of this Agreement by the Department whether to the County, the City or any other person for the construction and equipping of the Project is contingent upon the availability of funds appropriated by the State Legislature to the Department and the We of adequate bonds to fund the Project. (a) Neither the Department nor the State, its elected officials, officers, employees, agents, attorneys, or other individuals acting on behalf of the State, make any representations or warranty as to whether any appropriation will, from time to time during the Term of this Agreement, be made by the Legislature of the State or whether sufficient bonds will be sole to cover the costs of constructing and equipping the psychiatric support Project. SECTION 8.03. Non-AWropriation. Any provisions of this Agreement to the contrary notwithstanding, in the event of a Non -Appropriation, the sole remedy for the County and the City shall be to cancel this Agreement and obtain possession of the Land by any lawful means. SECTION 8.04. Notice of a Non -Appropriation. Not less than five business days following a Non -Appropriation, the Department shall give notice of such occurrence to the County and the City. ARTICLE NINE SECTION 9.01. Notices. All notices, certificates, requests or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by first class mail (except as otherwise specified herein), postage prepaid, addressed as follows: If to Department to William C. McCray Deputy Director of Finance New Administration Bldg. P.O. Box 99 Huntsville, Texas 77340 If to City to Rod Ellis Director of Business Relations/Economic Dev. City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 If to County to Honorable Don McBeath County Judge, Lubbock County 904 Broadway Lubbock, Texas 79401 FACHI= AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 8 Each party may, by notice given under this Section 9.01, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. SECTION 9.02. Amendments to Agreement. The County, the City and the Department may from time to time enter into one or more amendments or supplements to this Agreement which such amendments or supplements shall be reduced to writing and signed by the parties hereto. No such amendment or supplement shall be binding and effective unless so written and signed by the parties hereto. SECTION 9.03. Officers. Employees. and Agents of the County. the City and the D ment Exempt from Personal. Liability. This Agreement is a solely limited obligation of the County, and the Department and no recourse under or upon any obligation, covenant or agreement of this Agreement, or for any claim based hereon or thereon, or otherwise in respect thereof, shall be had personally against any past, present or future officer, employee, or agent of the County or any successor, or the City or any successor or any successor of the Department, whether by virtue of any constitution, statute, or rule of law, by the enforcement of any assignment or penalty, or otherwise. All such liability and claims against such persons individually are expressly waived by the parties hereto as a condition of, and in consideration for, the execution and delivery of this Agreement. SECTION 9.04. Countera. rtss. This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts. SECTION 9.05. HI dings. The County, the City and the Department agree that the headings used in this Agreement are for the convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof. SECTION 9.06. Severability. If any clause„ provision, or section of this Agreement shall be held illegal, invalid, or unenforceable by any court, the illegality, invalidity, or unenforceability of each clause, provision, or section shall not affect any of the remaining clauses, provisions, or sections hereof, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable clause, provision, or section had not been contained herein. In case any agreement or obligation contained in this Agreement be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the County, the City or the Department, as the case may be, to the full extent permitted by law. SECTION 9.07. Laws of Texas to Govern. The laws of the State of Texas shall govern the construction and enforcement o this Agreement and any suit, whether at law or in equity shall be brought only in the District Courts of the State. FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective duly authorized representatives on the 2 4 th day of August , 19 93 . LUBBOCK COUNTY, TEXAS By: Don McBeath County Judge ATTEST: Ann David'sonunty Clerk TEXAS DEPARTMENT OF CRIMINAL .TUSTICE-INSTITUTIONAL DIVISION By: 11 William C. McCray Deputy Director for Finance APPROVED AS TO FORM: Attu (TD ATTEST: Betty . Ja son, City Secretary FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 10 THE STATE OF TEXAS S COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, on this day personally appeared DON MCBEATH, County Judge of Lubbock County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and known to me to be County Judge of Lubbock County, Texas, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of Lubbock County, Texas. IVEN U ER MY HAND AND SEAL OF OFFICE this day of 1993. THE STATE OF TEXAS COUNTY OF LUBBOCK otary Public in an or the State of Texas S BEFORE ME, the undersigned authority, on this day personally appeared DAVID R. LANGSTON, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and known to me to be the Mayor of the City of Lubbock, Texas, acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock, Texas. G1,WN UNDE4 MY HAND AND SEAL OF OFFICE this 1993. �= BEATRIZ M. RODRIGUEZ Notary Public, State of Texas Yr Commission fxpim 0"3.95 Mtary Public in a the State of Texas IS -1�__ day of FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 11 THE STATE OF TEXAS S COUNTY OF WALKER BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM C. McCRAY, Deputy Director for Finance of the Texas Department of Criminal Justice, known to me to be the person whose name is subscribed to the foregoing instrument and known to me to be the Deputy Director of Finance of the Texas Department of Criminal Justice, acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the Texas Department of Criminal Justice. 41 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1993. Notary PAlic in and for the State of Texas JC1Ud&/1NS '-D91A-CRMJUS.dw rev. August 16, 1993 FACILITIES AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 12 EXHIBIT A HUGO REED AND ASSOCIATES, INC. 1210 Avenue O 1 Lubbock. Texas 79401 1 806/763.5642 1 FAX 1 80131783-3891 Tommie E Anderson, R.P.L.S.. Pres,denf Oernora J. Gra". Jr., P.E. R-PA.S. Dana GoyelIs, Mor. Deme1 E Martine, R.P L.S. Stevan 04. Coleman, P.E. Jon Ussery, EnrrronmenI&I LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 1,302.500 acre tract of land located in Sections 4, S. 6, 8, and 15, Block S, C.C. 6t S.F. R.R. Co. Survey, Lubbock County, Texas, being further described as follows: BEGINNING at a 3/4" iron pipe found at the Northwest corner of Section 5 same being the Southeast corner of Section 3, the Southwest corner of Section 4, and the Northeast corner of Section 6, Block S, Lubbock County, Texas; THENCE N. 89*19140" E., along the North line of Section 5 and the South line of Section 4, a distance of 975.73 feet to a 1/2" iron rod with cap found in the North line of Section 5 and the South line of Section 4 at a corner of this tract; THENCE N. 000401201' W. a distance of 1.252.09 feet to a 1/2" iron rod with cap set in the Southwesterly right-of-way line of U. S. Highway No, 84 for the most Northerly corner of this tract; THENCE S. 73e34' E., along said right-of-way line, a distance of 41.85 feet to a 1/2" iron rod found at a corner of this tract; THENCE S. 00'40'20" E., at 36.62 feet pass the Northwest corner of Lot 1, J & L Addition to the City of Lubbock, Lubbock County, Texas, continuing along the West line of said Lot 1, at 555.34 feet pass the Southwest corner of said Lot 1, continuing for a total distance of 1,239.78 feet to a 1/2" iron rod with cap found in the South line of Section 4 and the North line of Section 5, Block S, at a corner of this tract; THENCE N. 89.19140" E., along the North line of said Section 5 and the South line of said Section 4, a distance of 3,001.64 feet to a 1/21 iron pipe found at the Southwest corner of a 3.71 acre tract; THENCE N. 00.47109" W., along the West line of said 3.71 acre tract, a distance of 315.82 feet to.a 1/2" iron rod with cap set for the Northwest corner of said 3.71 acre tract and for a point in the Southwesterly right-of-way line of U. S. Highway No. 84; THENCE S. 73'33'20" E., along said right-of-way line and the North line of said 3.71 acre tract, a distance of 1.073.05 feet to a 1/2" iron pipe found at the Southeast corner of said 3.71 acre tract and in the North line of Section 5 and the South line of Section 4; Page I of 3 THENCE S. 89*19140" W., along the North line of said Section 5, the South line of said Section 4, and the North line of a 5 acre tract, a distance of 305.00 feet to a 1/2" iron rod with cap set for the Northwest corner of said 5 acre tract; THENCE S. 00'38'30" E., along the West line of said 5 acre tract, a distance of 400.00 feet to a 1/2" iron rod set for the Southwest corner of said 5 acre tract; THENCE N. 89*19140" E., along the South line of said 5 acre tract, a distance of 545.00 feet to a 1/2" iron rod with cap set for the Southeast corner of said 5 acre tract in the East line of said Section 5 and the West line of Section 12, Block S; THENCE S. 00'38130" E., along the East line of said Section 5 and the West line of said Section 12. a distance of 4,884.00 feet to a railroad spike found at the common corner of Sections 5, 8, 12 and 15, Block S, G.C. & S.F. R.A. Co. Survey, Lubbock County, Texas; THENCE S. 00*38152" E., along the East line of said Section 8 and the West line of said Section 15, a distance of 2,637.92 feet to a 1/2" iron rod with cap set for the Southeast corner of the Northeast Quarter of said Section 8 and the Northwest corner of the Southwest Quarter of said Section 15; THENCE N. 89*19147" E., along the North line of the Southwest Quarter of said Section 15. a distance of 2,642.53 feet to a 5/8" iron rod with cap set for the Northeast corner of the Southwest Quarter of said Section 15; THENCE S. 00*41123" E., along the East line of the Southwest Quarter of said Section 15, a distance of 2,638,50 feet to a 1" iron pipe found at the Southeast corner of the Southwest Quarter of said Section 15 and in the North line of Section 66, Block S. G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas; THENCE S. 89'20'32" W., along the South line of said Section 15 and the North line of said Section 66, a distance of 2,644.46 feet to a 5/8" iron rod found at the common corner of Sections 15, 66, 67, and 8, Block S, G.G. & S.F. R.R. Co. Survey, Lubbock County, Texas; THENCE S. 89'19'18" W., along the South line of said Section 8 and the North line of said Section 67, a distance of 2,640.46 feet to a 1/2" iron rod set for the Southwest corner of the Southeast Quarter of said Section 8; THENCE N. 00*39101" W., along the West line of the Southeast Quarter of said Section 8, a distance of 2,637.99 feet to a 5/8" iron rod with cap set for the Northwest corner of the Southeast Quarter of said Section 8; THENCE S. 89'19123" W., along the South line of the Northwest Quarter of said Section 8, a distance of 2,640.58 feet to a 1/2" iron rod with cap set for the Southwest corner of the Northwest Quarter of said Section 8 and in the East line of Section 7, Block S; THENCE N. 00*39111" W., along the West line of said Section 8 and the East line of said Section 7, a distance of 2,638.05 feet to a 5/8" iron rod with cap found at the common corner of Sections 5, 8, 7 and 6, Block S; Page 2 of 3 THENCE N. 00439104" W., along the West line of said Section 5 and the East line of said Section 6, a distance of 2,642.16 feet to a 5/8" iron rod with cap set for the Northwest corner of the Southwest Quarter of said Section 5, the Southeast corner of the Northeast Quarter of said Section 6, and the Southeast corner of a 22.076 acre tract; THENCE S. 89*21' W., along the South line of the Northeast Quarter of said Section 6 and the South line of said 22,076 acre tract, a distance of 1,457,00 feet to a 5/8" iron rod with cap set for the Southwest corner of said 22.076 acre tract; THENCE N. 00'39104" W., along the West line of said 22.076 acre tract, a distance of 660.00 feet to a 5/8" iron rod with cap set for the Northwest corner of said 22.076 acre tract; THENCE N. 89621' E., along the North line of said 22.076 acre tract, a distance of 1,457.00 feet to a 5/8" iron rod with cap set for the Northeast corner of said 22.076 acre tract in the East line of said Section 6 and the West line of said Section 5; THENCE N. 00039104" W., along the East line of said Section 6 and the West line of said Section 5, a distance of 1,982.15 feet to the Point of Beginning. Certified correct. July 23, 1992 Registered Professi nal Land Surveyor Lubbock. Texas % Page 3 of 3 EXHIBIT B A. THE CITY OR THEIR DESIGNATED PROVIDER HAS OFFERED AND IS OFFERING THE FOLLOWING INCENTIVES TO THE DEPARTMENT AS AN AID IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE PROJECT: 1. A building site of 300 acres for the Facility. 2. Extension of a dual feed electric service to metering point by Lubbock Power & Light. 3. Extension of water and sewer services, including peripheral equipment, to metering point by City's water Utilities Department. 4. Provision of 250,000 gallons of overhead water storage by the City's Water Utilities Department. 5. Grading of the Facility site to meet Department standards. 6. Transfer of mineral rights as set forth in Section 3.02 of this agreement. 7. Roads built to Department standards by Lubbock County. 8. Extension of Natural Gas main to metering point by Energas Co. 9. Extension of Telephone cable, meeting Department standards, to metering point by Southwestern Bell Telephone Co. 10. Provision of Cable Television services to delivery point by Cox Cable of Lubbock. 11. The transfer of an additional 1,003 acres (more or less) of agricultural land adjacent to the Facility site. 12. The provision of compound roads in the Facility by Lubbock County. 13. Provision of three (3) irrigation pivots for agricultural operations. 14. Provision of a construction office trailer on -site for Department use during Facility construction. 15. Provision of two (2) five -passenger, leased automobiles for Department officials during the construction of the Facility. 16. Provision of a one -bedroom, unfurnished apartment for use by the Department during the construction of the Facility. 17. Provision of an apartment to the assigned warden during the final four (4) months of Facility construction. 18. City would, upon Department's expressed desire and evidence of all permits and compliance with applicable regulations, provide a pipeline for effluent water to be applied to cropland only (not for human consumption). 19. City would be willing to contract with the Department to furnish feed grains (not for human consumption) from its effluent application farming operation upon an expression of interest by the Department. 20. The City would provide a housing purchase allowance to the assigned warden of the completed Facility. 21. City would provide one (1) membership in a civic organization or club for the chief administrator of the project. The Department shall notify the City of its choice in this regard and the administrator shall be responsible for monthly dues incurred. 22. As an alternative, the City is willing to provide a negotiated cash payment to Department in lieu of items 4, 14, 15, 16, 17, 20 and 21, hereinabove set forth, upon request of Department. B. THE FOLLOWING LIST IDENTIFIES THE INCENTIVE PROVIDER AND SETS FORTH THE MAXIMUM EXPENDITURES OFFERED TO DEPARTMENT FOR SUCH INCENTIVE. INCENTIVE - PROVIDER VALUE 1. Building Site of 300 acres at an average of $1,997/ Ac.-Applicant $599,100 2. Electric Power extension to metering point -Lubbock Power & Light $211,515 3. Extension of Water main to metering point -Applicant $241,474 4. Extension of Sewer main (and lift station) to metering point -Applicant $380,468 5. Extension of Natural Gas main to metering point- Energas $40,000 6. Extension of Telephone cable to service point - Southwestern Bell $9,000 7. Provision of Cable TV to service point -Cox Cable Co. $60,000 8. Grading of site to meet Department requirements - Applicant $125,000 9. Roads built to meet Department requirements -Lubbock County $236,000 10. Transfer of mineral rights to Department -Applicant Note; subject to Sec. 3.02 of this agreement $100,000 11. Elevated Water Storage -Applicant J250000 TOTAL AMOUNT OF INCENTIVES IN DELIVERY OF SITE $2,252,557 C. THE FOLLOWING LIST IDENTIFIES ADDITIONAL INCENTIVES OFFERED TO THE DEPARTMENT AND DESIGNATES THE PROVIDER OF SUCH INCENTIVES AND THE MAXIMUM AMOUNT OFFERED FOR EACH INCENTIVE HEREINAFTER SET FORTH: 1. Applicant will transfer 1,003 acres of agricultural land adjacent to site --valued at an average of $1,997 per acre 2. Applicant will provide three irrigation pivots at no cost to Department 3. Applicant would be willing to extend a pipeline carrying effluent water for application to cropland only (not for human consumption) upon Department's exp res$ion of desire for the water for crops and the Department's obtaining all required permits and meeting all applicable Federal and State regulations regarding land application of the water. $2,002,991 $135,000 Value shown is based on City cost of extension. $80,000 4. Applicant would be willing to contract with Department to furnish feed grains (not for human consumption) from their effluent application farming operation if the Department has need for grains in their agri- cultural operations at the Lubbock site. No value can be placed on this incentive. 5. Applicant will provide scheduled use of the Lubbock Police Department firing range located at the Police Academy to Department staff and guard personnel. The Lubbock Police Department would be happy to work with the staff of the Department on any program in which the Department can be helpful. No value can be assigned to this incentive. G. Lubbock County would provide the compound road at no cost to Department built to Department's specifica- tions. Value shown is based on County's cost of construction. $152,000 7. Applicant would furnish use of a mobile home converted to office space and place it on the site during the construction of the facility in Lubbock. $7,000 8. Applicant would provide use of two (2) leased auto- mobiles for Department officials during the construc- tion phase of the facility in Lubbock. These vehicles would be four (4) sedans capable of seating five (5) persons. $9,000 9. Applicant would provide 1,000 square feet of office space in its Center for Innovation at 2579 S. Loop 289 for a period of four (4) months prior to completion of construction of the facility in Lubbock. $4,000 10. Applicant will provide a one -bedroom, unfurnished apartment to Department for the entire period of facility construction and will provide an apartment or the assig- ned Warden during the final four (4) months of construc- tion. $13,000 11. Applicant will provide an allowance for the purchase of a home for the assigned warden or administrative officer. $85,000 12. City would provide one (1) membership in a civic orga- nization or club for the chief administrator of the pro- ject. The Department shall notify the City of its choice in this regard and the administrator shall be responsible for monthly dues incurred. 13. South Plains College will work with Department to pro- vide literacy courses for inmates and instructional courses for administrators and staff of the facility as needed. No value can be assigned to this incentive. 14. South Plains Association of Governments will work with Department to train guards at its Certified Law Enforce - meet Training Academy. No value can be placed on this $2,500 incentive. NOTE: Applicant would be willing to provide a negotiated cash payment to Department in lieu of Incentives lip "2" and "7" through "12" above. These are the only items on which the Applicant is willing to negotiate a cash payment. Estimated value of the above -named items is $505,500. TOTAL VALUE OF ADDITIONAL INCENTIVES OFFERED $2,490,491 TOTAL. VALUE OF ALL INCENTIVES OFFERED TO DEPARTMENT $4,743,048 NOTE: As used in Exhibit "B", Applicant shall mean the City of Lubbock.