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2018-09-19 (2)Calhoun County Cornrnissioners' Court—Sehlember 19, 2018 CCAL,H®lC N COUNTY COMMISSIONERS'COURT REGULAR 2018 TERM SEPTEMBER 19, 2018 BE IT REMEMBERED THAT ON SEPTEMBER 19, 2018, THERE WAS BEGUN AND HOIDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER Thais 600ng was called to order at 10:00 AM 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Michael J. Pfeifer David Hall Vern Lyssy Clyde Syma Kenneth Finster Anna Goodman Catherine Sullivan County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk - ABSENT Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner David Hall Pledge to US Flag & Texas Flag — Commissioner Vern Lyssy/Kenneth Finster Page 1 of 16 Calhoun County Commissioners' Court — September 19, 2018 4. APPROVE MINUTES OF August 01, 2018 & August 08, 2018 MEETING. (AGENDA ITEM NO. 4) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 2 of 16 Calhoun County Commissioners' Court —August 1, 2018 REGULAR 2018 TERM 21 AUGUST 01, 2018 BE IT REMEMBERED THAT ON AUGUST 01, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Michael 1. Pfeifer David Hall Vern Lyssy Clyde Syma Kenneth Finster Anna Goodman Catherine Sullivan County Judge - ABSENT Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk - ABSENT Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner David Hall Pledge to US Flag & Texas Flag — Commissioner Kenneth Finster/Vern Lyssy I Page I of 21 Calhoun County Commissioners' Court —August 08, 2018 CALHOUN COUNTY COMMISSIONERS' CURT REGULAR 2018 TERM § AUGUST 08, 2018 BE IT REMEMBERED THAT ON AUGUST 08, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Michael J. Pfeifer County Judge David Hall Commissioner, Precinct #1 Vern Lyssy Commissioner, Precinct #2 Clyde Syma Commissioner, Precinct #3 Kenneth Finster Commissioner, Precinct #4 Anna Goodman County Clerk - ABSENT Catherine Sullivan Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner David Hall Pledge to US Flag & Texas Flag — Commissioner Kenneth Finster/Vem Lyssy Page 1 of 1S Calhoun County Commissioners' Court —September 19, 2014 S. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 5) On Contract with Kathy Smartt regarding application for TWPD Boating Access grant approved on March 28, 2018 and authorize County Judge to sign. (DH) RESULT: APPROVED [UNANIMOUS] MOVER: Kenneth Finster, Commissioner Pet 4 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 3 of 16 David E. Hall Calhoun County Commissioner, Precinct #1 202 S. Ann Port Lavaca, TX 77979 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer, N (361)552-9242 Fax (361)553-8734 Please place the following item on the Commissioners' Court Agenda for September 19th, 2018. • Consider and take necessary action on allowing Commissioner David Hall to contract with Cathy Smart for application of TWPD Boating Access grant approved on March 28`h, 2018 by Commissioners Court Sincere Davi . Hall DEH/apt CONTRACT FOR GRANT PREPARATION SERVICES This Contract is entered into by and between Calhoun County, Texas (COUNTY) and Kathy Smartt of Austin, Texas (Consultant) to seek grant funding for infrastructure improvements to the Chocolate Bayou boat ramp, located in Calhoun County. 1. SCOPE OF SERVICES: (a) Consultant agrees to provide all necessary grant preparation services to the County in order to submit a complete grant application to Texas Parks and Wildlife Department (TPWD) under its Boating Access Grant Program. (b) Consultant will submit the online application to TPWD on or before October 1, 2018. (c) The County agrees to provide Consultant with any requested backup documentation to support the grant application. 2. PERIOD OF PERFORMANCE: This Contract is effective September 13, 2018 and shall remain in effect until October 2, 2018. 3. COMPENSATION: For and in consideration of services rendered, County agrees to pay Consultant ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). 4. MISCELLANEOUS PROVISIONS: (a) This Contract shall be construed under and in accord with the laws of the State of Texas. (b) No modification of this Contract shall be effective unless it is in writing and signed by both parties. CALHOUN COUNTY 'Michael J. Pfeffer Calhoun County Judge CONSULTANT Kathy Smartt Date: q-1 i — / y Date: Calhoun County Commissioners' Court — Septernber 19, 2014 6. PUBLIC HEARING (AGENDA ITEM NO. 6) To consider amendment of Reinvestment Zone 17-01 to add 7.73 acres to the reinvestment zone. (MP) Commenced: 10:01 AM — Anne Marie Odefey spoke on this matter as well as Jack Wu (Formosa Plastics Corporation). Adjourned: 10:04 AM Page 4 of 16 NAN YA PLASTICS <b> CORPORATION, TEXAS August 22, 2018 Honorable Michael Pfeifer and Honorable Commissioners Calhoun County Commissioners' Court 211 S. Ann Street Port Lavaca, Texas 77979 Re: Request for Designation of Reinvestment Zone Dear Judge Pfeifer: Please accept this letter as a request for the Commissioners' Court to grant the designation of a reinvestment zone for the Polypropylene III (PP3) Project. A map is attached showing the location the proposed improvements and general uses and conditions of the real property in the reinvestment zone. The total estimate of the project comes to an estimated $200,000,000.00 and will take about two to three years to build with hundreds of construction workers at peak period and operating this new plant will provide 20 new regular full-time jobs. Nan Ya Plastics Corporation, Texas respectfully requests your favorable consideration of this application and to grant the tax abatement as requested herein on the eligible improvements as described in this application. Respectfully submitted, NAN YA PLASTICS CORPORATION, TEXAS Jack Wu Vice President PI-3 PLANT 7.73 ACRES LEGAL DESCRIPTION STATE OF TEXAS COUNTY Olt CALHOUN BEING at 7.73 new tmei silunted in the Pllillip Ditnntil Snrvcy, Abslmct No. 11, Calhmun Counly,'fexas acid beingom of a 28.0793 acre tract described in; Tract 11 in Warranty Deed [,tied Pebi tuuy 26, 1992 than Porntasn Plastics Corlromlion,'rexns to Not Yu Plastics Corporation. America and rewarded in Volante 74, Page 803 of the Official Records of Calhoun County, Texas, and this 7.73 new it being store particnhaly described by mules and bounds as follows; BEGINNING At a set 518 inch iron Hal at lite norihwest comer of said 28.0793 acre tract fin the northwest corner of the herein described tract, (said imu rod having it plat coordinate of North 8396.t)(I, East 5762.00); THENCF. Rust alung the north line of said 28.0793 ncro tract a distance Lit'992.00 Icel to it set 519 inch imn rod for the northeast corner ol'snid 28.9793 new tract for file northeast comer of flu, Immin described tract, (said iron rod having a plant coordinate or North 8396,00, East 6754.00); THENCE South along the cast line of said 28.0793 new tract a distance of 301.00 feet to a sel 518 inch iron Rod for all easterly southeast canner of file herein described tract. (.said iron and having it pled coordinate of North $095,00, 13ns16754.00); THENCE West a distance of 301.00 fleet to it set 5/8 inch iron rod for a center of the herein descrilncd tract, (snit) troll rod having it plant coordinate of North 8095.00. first 6453.00); THENCE North it distance of 271.00 feet to it set 518 inch iron and flat an interior corner of the herein described tract, (said ism and having a plant coordinate of North 8366.00, Rosa 6453.00); TIIENCE West a distance of 182.00 feet to o set 518 inch iron rod for lilt interior comer of the herein described tract, (said imn rod having a pima coordinate ,rNodh 8366.01), East 6271.00); THENCE Small a distance of 443.00 feet to at set 518 inch, iron rod for a comer of file herein described tract, (said iron rod having a Final coordinate of North 7923.00, East 6271.00); THENCE West it distance of 509.0t1 ('trot to a set 5/8 f itch trap in the west line of said 28.0793 ncro Iraq for the soullnvest center of the herein described tract; (said ima roil having it plan coordinate of North 7923.00, East 5762.00); THENCE, North ailing the west line ol'said 28,0793 acre (tile( a distance ce or,17.1.00 ('Let to the POINT OF IIF.GINNINC, Containing 7.73 items of had. Reference is made to Ihnt Plat Accompanying this legal description. Bearings are based on Formosa I'Insiics Corporation plant coordinate system. The above legal description is based on an actual survey node oil lite ground under my supervision. 46u,", WS"'. cez— fly: George A. Gellert, 3r, Rcilktered Professional Land Surveyor "Texas No. 4681 Date r'una,va PL aloe r'ePr IP3, 7.73 Arne IC17241 RL,M2102017 IL [.� I'11,11IP Y/Allil] ;ipl'f t nosro.n ;i- u xrmu v eron m wr=<a i t Pr3 L7.73 ACRES n].vn rrtr, I UMI,EtA Vl Alll[5 COPPp4A)IGv, 1[vA5 1U N,V v• IFM1I,f) CnnPUV A1,DP, aVLa1L• I(LAUnPI ]6. 151} 14AC1 4•]P J]F) ACA15 O "^J il" U,1111 plt0 it i UhA [YS 401I4 ,� 'vl L:V\'[v An] IV VVI[II:'J ,Illlltlul INt Iyt Y[FIi ` pl nll AlIY1vACr (r% ,Ir,C 1"fPf Viv pC LAYI51(11%t ON UI,.[P Vll xl rt�, UI N[CUiV ie.pryH .•-••_.—.... ... h0. "�!— fit o.�l�/=• [P IS A_114 1.5]5, CO rl v, �.AJ [ rl rularrA - Vn ice._. Vti: J1l e5, V.LI ,P ily lf:•<f. �. A\J �!`Ir x.l r.x lrc Pc.tt , I, r u4ucsn ,tslt5 ennrre.<.m< -1w, PP3 TRACT FORMOSA PLASTICS CORPORATION, TEXAS 7.73 ACRES 1U� 1°"', 1. �Y n+re r..,.Lr. •' n vrrau sezlrAr r:- ,l •,:,, .:.. nnn„<Po.v re„l coan.P"Y'n00 nn]n � r.i°i�ovY calrt:r. i],a ., — i OANEM R KELLY fiIIRVEVING IN6--T' , JfIJ 4 n,P 4.. i1 VU/r.11 111 \� IUlly ,1 at )xAyr V9�V1 J 1,!'. / 1 111 , 1 Iln Calhoun County Commissioners' Court —September 19, 2018 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7) On request to amend Reinvestment Zone 17-01 to add 7.73 acres to the reinvestment zone. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 5 of 16 N RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS AMENDING FORMOSA PLASTICS CORPORATION, TEXAS REINVESTMENT ZONE NO. 17-01 WHEREAS, Formosa Plastics Corporation, Texas filed an Application with the Commissioners Court of Calhoun County, Texas for an amendment to the Reinvestment Zone No. 17-01 on August 22, 2018; and WHEREAS, pursuant to the Property Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312) and the Guidelines and Criteria of the Commissioners Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County, (The Guidelines), the Commissioners Court published a Notice of Public Hearing on the Application of Formosa Plastics Corporation, Texas for an amendment to the Reinvestment Zone No. 17-01 in the Port Lavaca Wave on September 12, 2018; and WHEREAS, the Commissioners Court convened in open meeting on Wednesday, September 19 2018 at 10:00 o'clock a.m., pursuant to said Notice for the purpose of conducting a Public Hearing on the Application of Formosa Plastics Corporation, T�xas for an amendment to the Reinvestment Zone No. 17-01, during which hearing representatives of Formosa Plastics Corporation, Texas presented statements and evidence in support of its Application, and whereupon all interested persons in attendance who requested to do so, were given the opportunity to speak and present evidence for or against the amendment; and WHEREAS, upon conclusion of the Public Hearing, the members of the Commissioners Court considered the evidence and upon motion and second, adopted the following resolution: 1 BE IT RESOLVED by the Commissioners Court of Calhoun County, Texas: 1. The Commissioners Court of Calhoun County, Texas snakes the following findings: (a) That the improvements sought are feasible and practical; (b) The designation and improvements would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; (c) The area will be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the County; (d) The Commissioners Court further finds that an additional 7.73 acres (more or less) as described herein, shall be included with the 133.40 acre tract previously contained in 17-01, and the entire 141.13 non-contiguous acres (more or less) tracts of land are located entirely in an unincorporated area of Calhoun County, Texas; 2. Based upon its findings, the Commissioners Court of Calhoun County, Texas concludes that Formosa Plastics Corporation, Texas' Application for Amendment to the Reinvestment Zone No. 17-01 dated August 22, 2018 should be and is hereby approved. 3. A metes and bounds description of the amended Reinvestment Zone is contained in Exhibits "I" and "2" are attached hereto, incorporated by reference and made a part hereof 2 for any and all purposes. Also attached to this Resolution is a plat indicating the boundaries and location of the Reinvestment Zone. The plats are marked Exhibits "3" and "4", incorporated by reference and made a part hereof for any and all purposes. 4. The amended Reinvestment Zone is hereby designated as eligible for tax abatement, subject to approval of any application for tax abatement by the Commissioners Court. 5. The tract of land containing 141.13 acres (more or less) is hereby designated as Formosa Plastics Corporation, Texas Reinvestment Zone 17-01, as amended, and is eligible for tax abatement. 6. This designation of a reinvestment zone shall expire five years from the date of this resolution. PASSED, ADOPTED AND APPROVED, on this 19th day of September, 2018. ATTEST: Anna Goodman, County Clerk IN Deputy COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS &ichdael Pfei e#,oxJudge 3 '4Y13TRITA 133AO ACRRTRACT I,GOAL MICRTPTTON WATR OP TI: W COUNTY OF CAUTOUN 13AING a 111.40 acre 114ot of load situated in tho Thomas Cox Survey, Absiract 10, Catilaan Countyy, Texas and bola¢ 411 of a 0.870 Pero tract dcsvrtbod in Wamuny Deed doled 7nne2,4109 from CallioUn Port Authority to 1'orni05a Plashes Corpomikin, Texas as rccorded in DoonnicatNo, I17093 Milo Official Records of said oovwyand a part or that certain 80.61 Rota tract described in Wiarmny Deed lvith Voudm's Non dated t)ecambcr 12, 2007 firm Calhoun Port A\uihm•1tyy (o Eomrosa Plaspes G'orputattan,'1'exas as r000rded In Pocument No. 11145 oCiho OI'Iielal R000rds orsold county and a 52.79 .tore portion of rile runnel ing, portion of a 3,062,40 note true{ described in Spcvinl W i-malty Daod dated December 30, 19911 Root Alamimmn Company of Amoricn In Alcoa Alumina 4 Chemicals, L.L.C. and recorded in Volutno 139, Pao€ 01 of the <) ctal ReeOrde ofiipl110llil Ninny, Toxaland dill j33.4Uflef'e {Tact aP (Anil Imiag ll101'O pal(icnlnrly dcseribed'Iy metes and bounds as follows; 13GOINNINtt at Pi cXisling V9 inch iron rod at the narihwest ennter of said 80.61 two, hart and an interior aomot of a 23,57 Rare allot dosoribod in Warta 62, Pago 84 of lho OFOpiat Rounds of said vunnty For lho nnrthwosl corner of ihehoreiu dasvribed ime1,said iron rod having A 9'exno Slate Piano coardlapiu NAD 83 7bxns $Peal Colaod 70110 of X 2,756,616.29 andY =11,OWAP.49; T111iNOW North 81' 32' 3V 13tast with an, south line orsaid 23.57 sera rtnct Pact Iha north lino of vald 8i1,6 t aorc tract for a distanuo of 2816.48 foot W a sot Vl inch h'on rod thr the nmheast comer of tho hercht described tract; VWNC$ Soalh 02125' 0" Fast for a distance OP2262.33 lbcl to a sot 578 inch iron rod fbr the ounlhoast comer of flit herein desoribc'd Pao{; TRIMM South W 13, 5V \bust for a disarm o of 1930.77 feva to all oxiadng 518 {nob iron rod of rim soathomt cooler of it R.864 acre V1191 d0-Sio d in 130C'nout No, 117069 of (he Offiolid Rovords of said cooly and a smahwina exterior oomor of the hincin doscriUad IracG 9'H1;NCG Nnith 02" 33' S4" Was( will the, ups( line of said 0.864 saw tract for a distance of 136,30 fact to all existing 518 inch hron rod RI the northeast oomor of said 0,864 now trait Par a snutlnvost Intol•tor aonier of the bandit dosetlbed tract, ,rUj'Ner Sonih 88v 28' 27" West with IN nortli line of said 0.864 Pare tract for a distance of275.07 feet to an oxisfing 578 Itch Iron rod At it southwest uxterivP c0luar Of thehoroiu doscrbod tract; THENCE North 02" 31' 50" West with It wool fine of said 80,61 vorc tract and the east line of the rcmalning portion oraaid 169.965 nora trot for a dislanoa of 734,93 fool to all 0Xisling 5/9 ineh iron rod at A sonlhwnst iarerior Darner of ilto herein described treat; THFNCN. South 8r .33, 1(" mosr and combating whit an inaulor aonUl.11ne or sold 80.61 acre {mot -,aid an interior north ibis of the mmMainl; Portion ofXald I69.965 aorc BUet for a distance Of 617,97, fvcl to a set 518In011 (roll l'ad At the seatim"taOtnCCo( skid 0.870 now [met thr a southivos( cstorior comer of are herein described Imul; TT1r3NCli Noitb 02' 29' S6" Was[ miib (110 West Iina 01said 0,870 acre-hnat and an olat line aI'Ilia romninhlg portion ofsaid 10.90 acre Intel ror a disinnee of 1263X7 foe to it set 5(8 inch iron rod at that northxvst contcr of said 0.Vo aote tract for a northwest a¢Icrior comer o}'ihe herein descrlbed Intel; TH1;Tx'CUr North 87" 32' 28" Gast xvilh 11w north lino of stlid 4,870 acre tract for n dialanou of 30.00 foot to a sot V8 inch iron rod at the atnlhcast4vmer nl'said 0.870 nory imm Vora norihWvstinf9rior corner oPtneltvreln doserlbed tract; rclo-m n,mwn 1'nalocmp"Tywc 03.40AWilaol EXHIBIT a TBUNCG North Or 28' ,5V Wesl ailh a Avast line orsaid 90.61 acre treat and Ilse earl Jim of n 1,96 acra lmot doseribad in Docnntenr No. 117092 of Ilia Official Ruoords of said connly fur a distanw of 100M feat to the POINT OR RCGINNINC, Cun(alnW 133.AA acres Oland. lWelenne is made to that pill accompmtying ills lotod 4w6plton. Bearings arc based on OPS Obsarvntion oonverlad to Ttmfs Coordinate System NAA83 Soulh Conlml Z.onc, Cuanlinatos and distmtaes arngrid vntnes. 'I'l,o ubuvo logel descrlpdoe is based un an uamal mirery mndo en the ground under my suparviaion. at �a�i4��CTc Stl }' B, inc. � �•• RY; Cicurgc A, Gmtunt, Ir. �er'�. t85R•'ci--,� . Reg1s[eaed Protessimmi Land Smvayor 7 2y`x :;J,t `a�;n,, Texas No. 4681 {{v fi�(NIGEA4)A'1£1:�8, t �dxn t( t )YJ1/r1��E1'SOli�f �(� 'b.G Stiq�)Gt 1'C)4.133 Wpin WAlu (%1'p.'T`W I .ClAgp POq 11I7 PLANT 7.73 ACRES LEGALDESCRIPTION STATE OF TEXAS COUNTY OP CALHOUN BEING a 3.73 acreiract situated in the Phillip Dimmit Survey Abstract No. H. Calbmun County, Temis and being ontofa 28.0793 acre tract described as Trtct 11 in Ularmanly Deed dated Fe'broaty 26, I992 from Formosa Plastics Corporation, Tesas to Nan Ya Plastics Corporation, Ameticaand recorded in Volume 74, Page 803 nfthe Official Records of Calhoun County, Texas, and this 7,73 acre tract being more particularly described by metes and bounds as follarvs, BUA>- i NING at a set 51S inch iron rod at the northwest comer of said 28.0793 acre tract for the nortlnvest corner of the herein described trod (-said iron rod having a plant coordinate of North 8396.00, East 5762.00); THENCE East along the north line of said 28,0793 acre tract a dhAturm of 992-00 feet to a set 518 inch iron rod for the northeast conterof said 28JR93 acre tract for the mullasta simmer of the herein described tract, (said iron rod having a plant coordinate of North 3396.00, East 6754_00); THENCE South along die east line of said 28A793 acre tract a distance of 301.00 lbel to a set 513 inch irpn rod for an easterly southeast comer of the herein described tract (,aid iron rod having a plant coordinate of North 8095.00, East 6754.00), TIMVCE 'Jest a distance of 301.00 feet to a set 518 inelr iron rod for a homer of the herein desscrabed tract {said iron rod having a plant coordinate of Norrin 8095.00, rastf)453.O0); THENCE North a distance of271.0f1 feet to a set 578 inch iron rod for an interior corner of the Winn dearsfibed tract (said iron rod having a plant coordinate of North 8366.00, East 6453.00); THENCE West a distance of 18100 fed to a set 518 inch iron rod for an interior emner of the herein described tract, (said immn rod havinga plant cmxdumle ofiimrth 8366,00, Fast 6274M); THENCE Sia th a distance of 443,00 feet to a set 518 inch iron rod for a comer of the herein described tract, (said iron rod having a plant coordinate of North 7923.00, East 0271.00); THENCE West a distance of 509.00 feet to a set 5A inch ion in the ivest line of said 28.W93 acre tract for the southwest comer of the herein described gram; (said iron Tod having a plod. coordinateoPNorih 7923:00, East 5762.00); THENCE Noah along the west line of said 28.0793 acre tract a distance of 473,00 fret to the POINT OF IIEGROONG, Canhaining 7.73 acres of land_ Refcrenee is made at that plat accompanying this legal description. Bearings are based on Formosa Plastics Corporation plantcoordinuosystean. The above legal description is based on an actual survey made on the ground under any supervision. 40..,iry Sui0xviez- By-, George A. Ganem, Jr. Registered Professional Land Surveyor Twos No. 46S I Date EXHIBIT �m mics�]2m9PAlJ 9 WCAPP: Tat /FOMT O.00.4fi e AM A iF _ � _ � PE Ili PLAA7 O � L P1:aEe1G 91it1'S S'JFflET xa:.rvw tcv>rmr sr .sr .z r,HxNSa =t#52F:5 .Jn?C-ia:Im1P. rEx+%—� o-_rcaa x:c_ s PPS ].7S ACRES xsanaxar aET.x 2;a_P!H=_x msrros cux�axz;r.+, rxcs aH FW 4# PlA5r65 C1XiELa>YLtti 'J`�3Cs Tiiii ik'i A'eY93 aG-0iz 2fMf VCfi I M' 11 lwo.3 Trt5 StiiV�v qH5 c31V-;E t2' it'1 ..f iy_ fi=H�ri2 3n Ni )ASi Al OF TI'� Sx£5E '1av 5E'ca9EGirry? m8 (iT-.e'V '3.T3;sH5 O+" $£C62y .'Ui S-Okrty 1§- A3OWIF >_Fz ,yi.5 P+YFiASc'L F3CSi A:: Ai l'JF: 5'.' t? -wr nb ry A-q- L llt5D.3 ur soff tv151.% CNCN $ F2124 ,Y.HY��!AG. Sy C. �w15S-=tE9 ?A.pECScafl]yAi. tiT.i SL+.YE"^.z! axxa_ tra" sHea KYehvu .[2H`iS{v 82 Eni2¢L �� It i 93t irJ.y']QS 6Prt a'J �'a!,q. 2iypy r—. , sce--awns r F,j. =EG.Cp xtPiS $£adi9G5 a11 ZCHiA'.rtaa'_5 al3� ra�elzesa oy;�r Es ccnreaevHrc ES�awS;CYi ?t.;!t2 ms't'v PP3 TRACT FORMOSA PLASTICS CORPORATION, TEXAS 7,73 ACRES "i Cua�loa85 xi ��d]33H a o 9 .iyilB AH'1 tP'� i1VY1S $3i'a1" A332H<ti- rc3. 5r ca,�l:. Y, `TaYa tn>_aoax .AUsi r. tEv as Hear! ar +vas r- _ Ftamoa GANER7 $ KELLY SUP.VEY3N0, INC, tNs{e£G tl'h Cd C. � 4xt£a 123rH/Hda3 � %t as FA<_ RiY >j aj i'03P`1:t x a:f% 53 a[;Y tAylft 3:iFi4. 5NSi 3 Sy4ia e xap�gg0 3r: S.x"„ Je:9 Y6. %'eri-1ia � 133n2., lExw3 :TiS) aA!st £�I=SH I, r4L�5 d>u]6 " :30ir Y9'13t3a f3f.t1 y$3j+r) 7 iJF ` EXHIBIT L� Calhoun County Commissioners' Court — September 19, 2018 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 8) On Second Amended Tax Abatement with NanYa Plastics Corporation effective January 01, 2018 to include new PP3 unit. (MP) Anne Marie Odefey and Jack Wu (Formosa Plastics Corporation) spoke on this matter. RESULT: APPROVED [UNANIMOUS] MOVER: Vein Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 6 of 16 m SECOND AMENDED TAX ABATEMENT AGREEMENT between CALHOUN COUNTY, TEXAS and NAN YA PLASTICS CORPORATION, TEXAS ($500,000,000.00) EFFECTIVE JANUARY 1, 2018 SECOND AMENDED RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, on February 13, 2017, Formosa Plastics Corporation, Texas (hereafter "Formosa") obtained designation of Formosa Plastics Corporation, Texas Reinvestment Zone 17-01, consisting of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, by Application dated January 30, 2017 Formosa applied for a Tax Abatement Agreement for its EG-2 project valued at an estimated $500,000,000.00 that will be located in the unincorporated area of Calhoun County in the Formosa Plastics Corporation, Texas Reinvestment Zone 17-01; and WHEREAS, prior to adopting this Resolution, the Commissioners Court of Calhoun County, Texas held a public hearing on February 13, 2017, at which interested persons were permitted to speak and present written material for or against the approval of the Formosa Plastics Corporation, Texas Reinvestment Zone 17-01; and WHEREAS, the Commissioners Court of Calhoun County, Texas, after notice as required by law, did in open meeting discuss the issue of whether to enter into a Tax Abatement Agreement with Formosa, and being of the opinion that the Application for Tax Abatement Agreement by Formosa for its expansion should be approved, the Commissioners Court, upon motion and second, adopted the following resolutions: ii 1. That the Commissioners Court of Calhoun County, Texas found that the terms of the proposed Tax Abatement Agreement for Formosa Plastics Corporation, Texas' expansion and the property subject to the Agreement satisfied eligibility criteria and other requirements of the Guidelines and Criteria for Tax Abatement previously adopted by the Commissioners Court on May 28, 2015. 2. The Commissioners Court of Calhoun County, Texas found that there was no substantial adverse effect on the provision of the County's services or tax base. 3. The Commissioners Court of Calhoun County, Texas found that due to the substantial amount of the expenditures and jobs to be created by this project, Formosa should be granted a variance from the guidelines as to the percentage and number of years of abatement. 4. The Commissioners Court of Calhoun County, Texas reaffirmed Formosa's Application for Tax Abatement Agreement dated January 30, 2017, and approved the Tax Abatement dated February 13, 2017, subject to the terms, covenants and conditions contained in the Tax Abatement Agreement approved at that meeting. WHEREAS, Formosa Plastics Corporation, Texas assigned its obligations, duties and responsibilities to Nan Ya Plastics Corporation, Texas, effective as of the first date of this Agreement; and iii WHEREAS, the Commissioners Court found that Nan Ya Plastics Corporation, Texas (hereafter "Nan Ya") is a company that has the resources and means to assume the obligations, duties and responsibilities of Formosa; and WHEREAS, the Commissioners Court on June 8, 2017 hereby approved the assignment of the Tax Abatement Agreement with Formosa to Nan Ya as set forth in the attached First Amended Tax Abatement Agreement; and WHEREAS, the Commissioners Court on September 19, 2018 approved the amendment to the Formosa Plastics Corporation, Texas Reinvestment Zone No. 17-01 to include an additional 7.73 acres (more or less); WHEREAS, the Commissioners Court hereby approves the additional construction of its Polypropylene III (PP3) project with an estimated additional cost of 200,000,000.00 and an additional 20 permanent jobs created; NOW, THEREFORE, the Commissioners Court hereby approves and authorizes the execution of the Second Amended Tax Abatement Agreement between Calhoun County, Texas and Nan Ya Plastics Corporation, Texas, a copy of which is attached to this Resolution, incorporated by reference, and made a part hereof for any and all purposes. PASSED, ADOPTED AND APPROVED, by a vote of 5 for and 0 against on this the 19 day of September 2018. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS By: Michael J. P eif , (o my dge ATTEST: XaG olmm CounlyClork v SECOND AMENDED TAX ABATEMENT AGREEMENT EFFECTIVE JANUARY 1, 2018 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN § THIS AGREEMENT (hereinafter Agreement) is between Calhoun County, Texas, (hereinafter County), a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter Commissioners), and Nan Ya Plastics Corporation, Texas, a Delaware Corporation, with a certificate of authority to do business in Texas, with a place of business in Calhoun County, Texas (hereinafter "Nan Ya"), as assignee of Formosa Plastics Corporation, Texas ("Formosa"). 1. Application/Specific Improvements Required. Formosa filed with the County an Application for Tax Abatement and Nan Ya has requested the assignment thereof. The Application was dated January 30, 2017. A copy of the Application is attached hereto, marked Exhibit "l," and made a part hereof for any and all purposes. Subsequently, Nan Ya filed with the County an Application for Amendment dated August 22, 2018. A copy of the Application is attached hereto, marked Exhibit "2", and made a part hereof for any and all purposes. 1.1 Specific Improvements Required. The County hereby approves the Second Amended Application for Tax Abatement Agreement expressly upon the condition that Nan Ya will make the specific improvements described in the original Application. All of 1 the proposed eligible improvements are to be located in the Formosa Plastics Corporation, Texas Reinvestment Zone No. 17-01. 1.2 Agreement Governed by Guidelines. Unless otherwise stated, this Second Amended Agreement for Tax Abatement is made and entered into pursuant to and is governed by the Guidelines and Criteria of the Commissioners Court of Calhoun County, Texas for Granting Tax Abatement in Reinvestment Zones created in Calhoun County, Texas adopted June 25, 2017 (hereinafter "Guidelines') except as varied by the specific provisions of this Agreement and by the Commissioners' enabling resolution. The Guidelines are hereby incorporated by reference and made a part hereof for any and all purposes. Subject to any variances contained in this Agreement, the 2017 Guidelines govern this Agreement. This Agreement is further subject to the following terms, covenants and conditions. Any reference to the "tax abatement agreement", this "agreement", "first amended agreement", or this "second amended agreement", shall mean this agreement as adopted by Commissioners Court on September 19, 2018. 1.3 Property Eligible for Tax Abatement. The County agrees to exempt from taxation the percentages of value of the real property in each year covered by this Agreement only to the extent its value for that year exceeds its value for the year in which this Agreement is executed. The County also agrees to exempt the value of eligible tangible personal property described in the Application located on real property in the Reinvestment Zone in each year covered by this Agreement other than tangible personal property that was located in the Reinvestment Zone at any time before the execution of this Agreement 2 with the County. This provision shall not affect the eligibility for tax abatement of other improvements in the Reinvestment Zone as authorized by any prior Agreements with the County. Tangible personal property that is not eligible for abatement is described in Section 2(f) of the Guidelines and Criteria. 2. Kind Number and Location of Improvements. The kind, number and location of all proposed improvements of the property subject to this Agreement are as contained in the Applications. (See Exhibits "1" and "2") 3. Inspection of Premises. Nan Ya hereby expressly agrees to provide access to and authorize inspection of its property by County officials, employees, and/or their designees to insure that the improvements described in the Applications are made according to the specifications and conditions stated in the Applications and this Agreement, and that Nan Ya is complying with the Agreement. 4. Limitation of Use. Nan Ya shall not make any use of the property that is inconsistent with the general purpose of encouraging development or redevelopment of the Reinvestment Zone during the period that the property tax exemptions are in effect. 5. Right of Recapture. The County shall be entitled to recapture all property tax revenue lost as a result of this Agreement, if Nan Ya fails to make the improvements as provided by this Agreement, and the Applications attached hereto, or in the event of other specified defaults, after notice and failure to cure, all as more particularly provided in paragraph 13 of this Agreement. 3 6. Cost of Project/Number of Jobs. The estimated cost of the project as described in the Applications is $700,000,000.00. It is estimated that 70 permanent jobs will be created as a result of the new or expanded facilities. Substantial compliance with these estimates will be acceptable. Substantial compliance means within 80% of any authorized estimate. 7. Percent of Exemption. Pursuant to the resolution approving this agreement, Nan Ya is granted a variance from the County's guidelines as to the percent and number of years of the abatement. As such, the percent of exemption to be abated for each year of the abatement period is as follows: Date % of Exemption January 1, 2018 through December 31, 2018 100% January 1, 2019 through December 31, 2019 100% January 1, 2020 through December 31, 2020 100% January 1, 2021 through December 31, 2021 100% January 1, 2022 through December 31, 2022 100% January 1, 2023 through December 31, 2023 100% January 1, 2024 through December 31, 2024 100% 0 January 1, 2025 through December 31, 2025 100% January 1, 2026 through December 31, 2026 100% January 1, 2027 through December 31, 2027 100% 7.1. Base year Value. On January 1, 2018, the base year value of land and improvement will be determined by the Calhoun County Appraisal District at a future date. 7.2. Limitation on Amount of Abatement. If the value of an existing facility will be deleted or diminished as a result of the project, the eligible value of the project to be abated will be limited to the difference between the cost of the project and the appraised value of the existing facility that is to be deleted or reduced as a result of the project. 8. Donation to County. Nan Ya has previously paid to County (a) the sum of Three Million Dollars and 00/100 ($3,000,000.00), designated for improvements to the City of Point Comfort water treatment facility; (b) the sum of the One Million Five Hundred Thousand ($1,500,000.00), designated for the purchase of fire trucks and other safety equipment by Calhoun County, Texas. However, the Commissioner's Court was authorized to re -designate amounts in paragraph (b) above to other project(s) for the benefit of the citizens of Calhoun County, Texas. All amounts payable were paid on or before January 1, 2018. 9. Duration. The duration of the abatement term shall be ten years commencing January 1, 2018, through December 31, 2027, inclusive. 5 10. Reduction for Closure Curtailment etc. of Existing Facilities. If, after the effective date of this Second Amended Tax Abatement Agreement and during the term of the abatement period, Nan Ya should close, cease production, or demolish any or all of a facility in Calhoun County that was in existence on the effective date of this Second Amended Tax Abatement Agreement, or take any other similar action that would have the effect of reducing or deleting the value of the facility, or portion thereof from the tax rolls that was in existence on the effective date of this Second Amended Tax Abatement Agreement, regardless of the reason, then for the remaining term of the Second Amended Tax Abatement Agreement, the eligible value for abatement allowed in this Second Amended Tax Abatement Agreement shall be reduced by the amount of existing property value owned by the Taxpayer that is reduced or deleted from the tax roll. Depreciation, as determined by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. 11. Commencement and Termination Dates. The effective date of this Second Amended Tax Abatement Agreement shall be January 1, 2018. The abatement granted in this Agreement shall apply to all eligible improvements described in the Applications (Exhibits "1" and "2") and placed in the Reinvestment Zone after the effective date. Taxes will be abated on eligible property for ten consecutive tax years cormnencing January 1, 2018. Property otherwise eligible for tax abatement under this Agreement shall be eligible for abatement only if the property is placed or constructed in the Reinvestment Zone after the effective date of this Agreement, but on or before December 31, 2027. ro 12. Description of Project/Economic Life. The facilities designated in the Application are part of Nan Ya's chemical manufacturing process at its Calhoun County and/or its related companies' plant and specifically are identified as shown in Exhibits "1" and "2" with an economic life of at least 20 years after completion. The nature of the construction is more completely described in the Applications. Any part of the improvements described in the Applications constructed prior to the effective date of this Agreement shall not be eligible for abatement, but may be counted in determining the value of the project. Completion of construction is estimated to occur in two to three years. A complete property description is contained in the Applications. 13. Default Notice Cure, Termination, etc. Should the County determine that Nan Ya is in default in the performance of any of the terms or conditions of this Agreement, the County shall notify Nan Ya in writing at the address stated in this Agreement, and if such default is not cured within 60 days from the date of written notice, or within an approved extended curative time as authorized by paragraph 7(a) of the County's Guidelines, this Agreement may be terminated by the Commissioners for cause. 13.1. Events of Default. The following shall be considered events of default, should Nan Ya: 13.1.1. Allow any of its ad valorem taxes owed to the County to become delhlquent without timely and proper protest and/or contest; or VA 13.1.2. Violate any of the terms and conditions of this or any other Abatement Agreement with the County or with any other taxing jurisdiction that has granted Nan Ya tax abatement for any project that the County has also granted tax abatement; or 13.1.3. Discontinue producing the product or service described in the Applications for any reason excepting fire, explosion or other casualty or accident or natural disaster, for a period of one year during the abatement period after the facility is completed and begins producing the product or service; or 13.1.4. Violate any written term, covenant, condition, agreement, or promise of gift or donation made by Nan Ya to the County, although such may be extraneous to this Agreement, and even though same may be otherwise unenforceable; or 13.1.5. Make any material misrepresentation, or omit any material fact either in the Applications or in this Tax Abatement Agreement. (Material Misrepresentation or omission of a material fact means a false statement or omission about a material matter which induced the Commissioners Court to take any specific action on the Applications for Tax Abatement, and without such misrepresentation, the Commissioners would not have granted this Tax Abatement F1 Agreement, or would have taken some action different than they actually did.) 13.2. Termination Retroactive. Termination of the Tax Abatement Agreement for cause shall be retroactive to the effective date of this Agreement. Termination shall be effected by resolution of the Commissioners and written notice of termination shall be mailed to Nan Ya. 13.3, Nonwaiver. In the event the County fails to act on or enforce any element or breach that is identified as a default, such failure to act shall not be a waiver of the County's right to subsequently enforce the same default or any other prior or subsequent default. 13.4. Recapture of Taxes. On termination for cause, Nan Ya shall then become liable for the payment of all taxes that would have otherwise become due but for this Abatement Agreement for all calendar years during which the Abatement Agreement was in effect. Such taxes shall be paid to the Calhoun County Appraisal District to the credit of the County within 60 days from the date of receipt of notice of termination. All such taxes shall include statutory penalty and interest from the date they would otherwise have become delinquent, as if they had not been abated, until the date they are actually paid. 13.5. Administration and Enforcement. The administration and enforcement of this Agreement shall be in accordance with the terms contained herein and the Guidelines as adopted by the Commissioners on June 25, 2017. In the event of any conflict in the terms of this Agreement and the Guidelines adopted by the Commissioners, the provisions 9 of this Agreement shall prevail, unless prohibited by law, then the Guidelines adopted by the Commissioners and their provisions shall prevail. 13.6. Assignment. This Agreement may not be assigned, either in whole or part, without the express written consent of County, which would not be unreasonably withheld. Any assignment is subject to the conditions contained in the Guidelines and this Agreement. Any attempt to assign this Agreement, except as provided herein, shall be null and void. 14. Type of Legal Entity. Nan Ya represents to the County that it is a corporation, duly organized, validly existing, incorporated under the laws of the State of Delaware, and in good standing. Nan Ya further represents it is duly qualified and in good standing under the laws of the State of Texas and has all requisite power and authority to own and operate properties and to carry on its business as now being or intended to be conducted. The name and address of the registered agent for service in Texas is: Corporation Service Company, dba CSC -Lawyers Incorporating Service Company 211 E. 7a` Street, Suite 620 Austin, Texas 78701 Nan Ya shall notify the County within 60 days of any change in the registered agent or status of the corporation. 15. Notices. Any notices required to be given hereunder, shall be given in writing as follows: 10 (a) County: County Judge Calhoun County Courthouse 211 S. Ann Port Lavaca, Texas 77979 (b) Nan Ya Plastics Corporation, Texas: Nan Ya Plastics Corporation, Texas Attn: Legal Department 9 Peach Tree Hill Road Livingston, New Jersey 07039 (c) Formosa Plastics Corporation, Texas: Formosa Plastics Corporation, Texas Attn: Legal Department P. O. Box 700 Point Comfort, Texas 77978 16. Reimbursement for Fees and Expenses. Within 30 days from receipt of written notice, Nan Ya will reimburse the County for any expenses, directly or indirectly incurred by the County for processing and approving the Application for Tax Abatement, preparation and presentation of this Tax Abatement Agreement, and any other expenses reasonably incurred by the County in any way related thereto, including all expenses that may be incurred in enforcing or defending any term, covenant or condition contained in this Agreement. 17. Indemnity. Nan Ya hereby agrees to hold harmless and indemnify the County, each of its elected officials, all of its servants, agents and employees, and any designee (a person or legal entity designated to perform any function required under the County's Guidelines, or under the Tax Abatement Application, or by the terms of this Tax Abatement Agreement) and the Calhoun County Appraisal District, its officers, directors, servants, 11 agents and employees for the amounts of any and all liabilities, claims, costs, judgments, penalties, interest, court costs and attorney fees incurred by the County, each of its elected officials, all of its servants, agents and employees, or any designee, and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees in defense of any claims occurring out of or in any way incident to processing the Application, or any other claim arising out of or incident to the terms, covenants and conditions contained in this Tax Abatement Agreement, or arising out of or in connection with the Reinvestment. Zone, or the project subject to abatement. 18. Incontestability. At the option of the County, this Agreement may be terminated, and all taxes that would have otherwise been due but for this Abatement Agreement will become due and payable within 60 days from date of written notice of the amounts due and owing, including penalty and interest as provided in paragraph 13.4 of this Agreement if any of the following events occur: (a) If Nan Ya should contest any term, covenant or condition contained in this Agreement, or attempt to prevent or negate the enforceability of any of such terms, covenants or conditions; or (b) If any third party, firm, corporation or other legal entity should contest any term, covenant or condition contained in this Agreement, and prevent or negate the enforceability of any of such terms, covenants or conditions by final judgment in a court of competent jurisdiction; or 12 (c) If any governmental agency should contest any term, covenant or condition contained in this Agreement, and either by enforceable regulatory order, or by final judgment of a court of competent jurisdiction prevent or negate the enforceability of any of such terms, covenants or conditions. 19. Assurances and Special Conditions. The County and Nan Ya agree that the following assurances, promises and conditions are made by Nan Ya expressly to induce the County to grant this Tax Abatement Agreement and that without such assurances, promises and conditions the County would not have granted this Tax Abatement Agreement. Nan Ya hereby expressly makes and agrees to be bound by the following representations, assurances, promises and conditions: 19.1. Accuracy of Information. That all information contained in the Application and furnished to the County for incorporation in this Tax Abatement Agreement is true, complete and correct. 19.2. Authority to Sign. That the person who signed the Applications has unrestricted authority to execute the Applications, to execute this contract document on behalf of Nan Ya, and to obligate Nan Ya to all the terms, covenants and conditions contained in this Tax Abatement Agreement. By acceptance of any of the benefits provided hereunder, Nan Ya has authorized and ratified the execution and delivery of this Agreement and represents that it is enforceable against Nan Ya in accordance with the terms of this Agreement. 13 19.3. Commencement of Construction. Other than preliminary matters, that construction will not commence on any of the eligible improvements until after this Tax Abatement Agreement is executed by the County. 19.4. Permits. That the project described in the Applications, and this Tax Abatement Agreement will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that Nan Ya will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the construction and operation of the project throughout its economic life. 19.5. All Conditions to be Performed. That Nan Ya will abide by all conditions of this Tax Abatement Agreement and the Guidelines adopted by the Commissioners applicable to this Agreement. 19.6. Public Health and Safety. That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. 19.7. Required to Make Specific Improvements. That Nan Ya will make the specific improvements to the property as described in the Applications. (See Exhibits "1" and "2") 19.8. Estimates/Strict Compliance. Estimates of the cost and value of the project and the number of jobs retained or created as a result of the project that are within 80% of actual cost, value and number of jobs may be construed to be substantial compliance. Unless estimates are expressly authorized, strict compliance is required. 14 20. Information to Determine Compliance. Nan Ya covenants and agrees to provide within a reasonable time, not to exceed 30 days after written request, such information as may be required by the County or its designee, in order to determine compliance on Nan Ya's part of the terms of this Tax Abatement Agreement. 21. Contract Terms and Conditions Survive Abatement Period. Unless sooner terminated under other provisions hereunder, all other rights, duties and obligations contained in this Agreement shall continue in full force and effect until all taxes levied in each of the ten years in which an exemption applied under this Agreement are fully paid by Nan Ya, and all other covenants and conditions have been fulfilled. Provided, however, that no extension of the abatement period shall occur as a result of this Agreement beyond the 2027 tax year, it being the intent of the parties that ten years is the limit of abatement granted. 22. Amendment. The County and Nan Ya agree that this agreement may be amended by mutual consent to modify the projects and investment contemplated in this Agreement due to changed market conditions and technical" specifications, save and except paragraph S. 23. Miscellaneous. The following additional provisions are included and are made express conditions of this Tax Abatement Agreement in order to carry out the intent and purposes of the County's Guidelines, or to address any special problems or needs arising out of the uniqueness of the project, the Application, or Nan Ya: 15 23.1. Agreement Survives Reinvestment Zone. It is specifically understood and agreed that the designation of the amended Reinvestment Zone in which the eligible property described in this Tax Abatement Agreement is located is valid for a period of five years from September 19, 2018, unless subsequently extended. The fact that the designation of the amended Reinvestment Zone may expire before this Agreement terminates shall not effect the terms and conditions of this Agreement. 23.2. Payment of Taxes. During the term of this Agreement, Nan Ya's taxes shall be payable as follows: 23.2.1. The value of any ineligible properly as described in Section 2(g) of the County's Guidelines adopted on June 25, 2017 shall be fully taxable. 23.2.2. The base year value of existing property not otherwise eligible for tax abatement as determined each year shall be fully taxable; and 23.2.3. The additional value of new eligible property in the Reinvestment Zone shall be taxable subject to the exemptions provided in paragraph 7 above. 23.3. Conflicts of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws rule. 23.4. Severability. At the option of the County, the invalidity of any one or more covenants, phrases, clauses, sentences, paragraphs or sections of this Agreement shall not affect the remaining portions of this Agreement or any part hereof, and in case of any such invalidity, this Agreement may be construed as if such invalid covenants, phrases, clauses, sentences, paragraphs or sections were not included. iC 23.5. Subtitles. The use of subtitles in this Agreement is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. 23.6. Place of Performance. This Agreement, in its entirety, shall be performable in Calhoun County, Texas. As part of the consideration for entering into this Agreement, both County and Nan Ya agree that any litigation to construe or enforce the terms and conditions of this Agreement shall be brought in the State Courts of Calhoun County, Texas. 23.7. Acceptance by Nan Ya. By acceptance of this Agreement and/or any benefits conferred hereunder, Nan Ya represents that its undersigned agent has complete and unrestricted authority to enter into this Tax Abatement Agreement and to obligate and bind Nan Ya to all of the terms, covenants and conditions contained in this Agreement. Nan Ya agrees to be bound by all assurances and commitments contained in the Applications dated January 30, 2017 and August 22, 2018, the Guidelines and Criteria as applicable, and the specific terms, covenants and conditions contained in this Tax Abatement Agreement. 23.8. Approval by Commissioners. This Agreement, in its entirety, including authority to execute it in this form, has been approved by the Commissioners, in a regular meeting of the Commissioners, after due notice as required by law, and pursuant to Resolution duly adopted by the Commissioners by at least a three -fourths vote of the entire Commissioners Court. 17 23.9. Binding Effect. This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors and/or assigns. EXECUTED IN MULTIPLE ORIGINALS on the 191h day of September, 2018, to begin January 1, 2018. ATTEST: Ann Go dman, ®o�unty' Cleric By: Deputy COUNTY: COMMISSIONERS COURT CALIOUN COUNTY , TEXAS &aelJ. #eMunnty Judge NAN YA PLASTICS CORPORATION, TEXAS By: Jack Wu, Vice President 18 Formosa Msttcs' January 30, 2017 Honorablo Michael Pfeifer and Honorable commissioners Calhoun county Commissioners' Court 2118, Ann Wool Port Lavaca, Texas 77979 Re: Request for Designation of Reinvestment Zone and Application for Tax Abatement for 103,40 acre tract located in Calhoun County, Texas Dear Judge Pfeifer. peYlnosa Plastics Corporation, Texas 201 Forrto8o Bdvo � PA. Box 700 Point Camtori. rx 77978 Telephone; (301)-987-700D Fax: (3 l"B7.2721 Please accept this letter as a request for the Commissioners' Court to grant the designation of a reinvestment zone and application fortax abatementforthe EG-2 project. A map is attached showing the location the proposed improvements and general uses and conditions of the real property in the reinvestment zone. The total estimate of the project comes to an estimated $500,000,000,00 and will take about two to three years to build with approximately 500 construotion workers at peak period and operating this now plant will provide 50 new regular full-time jobs, M_X January $0, 2017 Page 2 As Applicant, we request the terms of the abatement start In 2018 with the following percentages; vaar % of Abatement 1 100% 2 100% q 100% 5 100% 6 100%_- 7 1QO°I° 8 100% g 100% 10 100% Formosa Plastics Corporation, Texas respectfully requests your favorable consideration of this application and to grant the tax abatement as requested heroin on the eligible Improvements as described In this application, Respectfully submitted, FORMOSA PI,ASTiCS CORPORATION, TEXAS Jack Wu Vise President Ur MIBITA I33.40 ACRFTRACT LEGAL DESCMPTTON sfA'rF 0lr T F'-KA5 ' r:'MIT OF CAI,110UN D> rNea A 133,40 gars nines of Ilmd Shunted in tho Thomas Cox Surrey, Abstract 10, Clafhoaa Coullly. Toms And being all of n 0.870 germ tresci tfcserihvd in Warranty Deed dined Ji=24, 2009 from Colhourll°ore Atuhodly to 11orntosA Plnslips CorpnanIIm,,ram, As recorded in DocuatcntNo. 1170.93 ofilra 0016111 Records of said counlyand n part or Thal oerlain 80,61 acre Tract doaoribed in Wananly Deed with VendOr'a Bien dgtcd Docatnbcr 12, 2007 from Calhoun Port Authorisey la Nomiosa Plasoos Corpornllon,'Iexas As reoordvd In Poolonent No. 111496 or tiro DI' olal RCOord9 of sold coimly and A S2.79 ncro portion o1 ilia ronmining porlloa of a 3,062,40 norm haet dMlibod in Special Warrmnly DPW dined Deumber 30, 1994 Ism Altnnlmvn Company at' Americo to Alcoa Alumina r� Chemicals, G.L„C, mad recsrdod in Volume 139, page of of The Official Records ofCalhoon Cotunty,'1'oxas, and Otis DMID acre trot oP Innd icing moro PAYdealArly dcscrihcd'by tnclos and hounds as follows; 11FC1NNINr3 ill fill existing 512 inch iron rod A( the northwest oontor of said 80.61 acre Ingot tout all interior oornot of a 23,57 core linen dosoribod In Volumo 62, PAgo 84 oi'dhc omoinl Reunda orsaid county far the northwest corner urllaohorein described Imoi, Said Iron rod having a Texas Slate Plano coordhmsc NAD 83 'I'oxms Smth Conlrnl 70110 of X 2,7$6,616.29 Slid Y G 13,429,139,49; VIr:NCF North $7, 321 HT Even with Iho sins line of said 23,57 tore Iract and the north lino Of said 80.01 Acre lines for A distance ai'281 OAS foes to a set 518 tvoh Iran rod Ibr iho northeast cannot of the hernia dwodbed naoq THRNCF Soalh 029 25' 45" EWA Ibr A dlsmnoe of 2262.33 tool IQ it set 518 roes iron rod for the sauthcaal Pamir of (he helvil d"0111sod hncl; TIMM Solids 889 13, 5V West for a distance of 1950,77 feat to all oxisling $18 blob is rod at the solfilimt earlier of 110,864 Acrc gross desarIlIN 10 P00amant No. 117069 OF the DFGohd Itoenrds orsaid comply mad A emRhweaT exterior cantor of the Inooin dospullivd grant, THFNCP North 020 33' 54" West WWI Thu mast Illai of snld (I.B64 ncro Ingot for it distance o('r36,30 Itwl to an existing 518 inch hall rod At the northeast corner orsaid 0,864 flare Ingot for a aoullnvost interior center of the heroin described tract; THIENCF South 88° 28, 2T' West with dae north line of said 0,864 acre lrnel for it dislanoa of 275.07 feet to an oxisthlg 578 hlmh lmn rots at n Souiltwasn ex301`10r carver of the sorofp described tract; THENCE North 02" 31' 50" WOsl With n rwal fine orsaid 81661 here tract and the ease ling of iho romAininn portion of said 16.9,965 nary grad ibr n dislanoa of 734,93 AM to An oxlming 518 inch iron rod at a sml(htvesl intorlor comer of ilia horoin described least; TIXFNCF south 87" 93' 10" West and eoallnuing with an iowriar sooill line, of said 80.61 acre lraol and An intorlor north Ilse or (he romnining portion of said 169,965 acre uaol far A disOmco oP T92 hie to asset N8 Inch !ran rod At tha sonthwost emner of raid 0,870 note Imes for A southwval esiarior corner of the heroin described Iraqi; THFNCF North 020 28, 56" Wosl Will the west line orsaid 0.870 nom.Ingot and an cast HAP of Ilse romainbrg 1101'110n of said 169,965 aorc Inasr For a dim Am; of 1263.07 fkol to it Not 518 Inch Iran rod At the northwest comer of said 0.870 Aare trace for a lwriirvresn cxwrior writer oftho heroin described Imot; THFNCF North 87" 32' 28" East ivilh Ihv north lino or said 0.870 Act: tenon Fin' n distance or30.00 rest to A Sol U8 inch iron rod At IN in rlhcast comor orsad t1.87o gave tact lera narihrwstinteri0r coiner e1`010hereln doscribW MIDI PCibl)] tb,mosn IGo+Oa e'r+!'u TAvq[ IJ3An M1V'rv'finel MUNCC North Or 28' ,5(r"West ndlh n 1Ve51line of said 80,61 auto lrno( and the cast fine of a 1,96 acro 1Pmr do tribe<I in Document No, 117092 of ttic Official Rwords or said coral!? for a distanoo of 100.04 foot 10 the POANT OR MIMING, Containing 137.40 arcs oi'land, .kefcrence is made to that pim occmopnnying N4 (cgal desariplion. Reurings are based on ON Obscrvntlon converlad to TWIN Goordinato Syslom NAD43 South Control Zono, Coordinntos and dislmtues aro grid values. 'rho above legal dasctiptlon Is based Oil nil actual survey mndc on tiro ground under my suporvialon, AlUsa Dino �R' Ul y g� 111V, Ry; Murgc A. Gall mi Ir, Reglst£e'£d PrO16a510na1 IAnd SUTYCVOr �- ,,3.'�fig'srv'/,:°;l-` lroo �t s9 p TO=No. 401 :t�r,Gtitii;fiA'iltf7 rnjli; M14.O3 fWmw� N.elrvs{nm. Tali 1]].411 Am 1`814 f° m z. oI 'S p .i V IEVI UP WARRY Sfulty ". PI Pa AIVV ANYO f M IP AIV04 A�VktilA V f43rul<M5. L t.t- PEW09A 30. tv" YOLIIY( IS) "Or At O.R. IOW 011C• 1.061.10 Ml4 L m P Cl � Y pi `.SN V o y 8 nY'rti m VA x m y nn r N r NAN VA PLASTICS � CORPORATION, TEXAS August 22, 2018 Honorable Michael Pfeifer and Honorable Commissioners Calhoun County Commissioners' Court 211 S. Ann Street Port Lavaca, Texas 77979 Re: Request for Amendment Application for Tax Abatement Nan Ya Plastics Corporation, Texas Dear Judge Pfeifer: Please accept this letter as a request to the Calhoun County Commissioners' Court for the granting an amendment to the Nan Ya Plastics Corporation Tax Abatement. We are proposing to add a new unit that will be located in Point Comfort at FPC-TX and will be located within the facility perimeter of FPC-TX. The project will be creating an estimated 20 new full-time jobs and will bring hundreds of construction jobs for approximately three years. In addition, the proposed project will secure the future of the current FPC-TX site's 2400 regular full-time jobs, generate millions of sales tax dollars and increase the county's property tax base. All of these factors are important in stable economic growth and development in Calhoun County. The total estimate of the project approaches $200 million and will take approximately two to three years to complete. The 'attached map shows the location of the real property in the reinvestment zone. This project is subject to final approval from Company Management. We request the Commissioners Court to also: allow the Company to change, modify and or delete any unit within this project without any additional approval and that each year the actual project will be reflected in the appraisal district annual statement. We respectfully request a variance from the guidelines regarding the percentage and number of years of abatement, with the abatement starting in 2018 (to be considered year one for this agreement). Please see attached table. EXHIBIT NAN YA PLAST1C9 CORPORATION, TEXAS August 22, 2018 Page 2 Nan Ya Plastics Corporation, Texas respectfully requests your favorable consideration of this amendment and the granting of the tax abatement as described herein. Respectfully submitted, NAN YA PLASTICS CORPORATION, TEXAS Jk Wu Vice President : °NANvexPLASTICS � 7 ✓� CORPORATION, TEXAS Abatement Percentages per Year Year % of Abatement 2018 100 2019 100 2020 100 2021 100 2022 100 . 2023 100 2024 100 2025 100 2026 100 2027 100 Calhoun County Commissioners' Court— September 19, 2018 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) On Amendment to Tax Abatement Agreement with Formosa Plastics effective 01/01/2016 to amend improvements and value included in original agreement. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 7 of 16 SECOND AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN CALHOUN COUNTY, TEXAS AND FORMOSA PLASTICS CORPORATION, TEXAS DATED AUGUST 14, 2014 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN § The Tax Abatement Agreement between Calhoun County, Texas ("County") and Formosa Plastics Corporation, Texas ("FPC") dated August 14, 2014 ("2014 Agreement') and the First Amendment to Tax Abatement Agreement between Calhoun County, Texas ("County") and Formosa Plastics Corporation, Texas ("FPC") dated August 14, 2014, effective January 1, 2016 ("2016 Agreement') shall be amended as follows: AMENDMENT TO PREAMBLE WHEREAS, by Application dated August 7, 2014 Formosa applied for a Tax Abatement Agreement for its (1) Olefins III Unit, (2) Propane Dehydrogenation Unit, (3) Polyethylene Resin Unit, and (4) Power Generation Unit, valued at an estimated $2,000,000,000.00 that was to be located in the unincorporated area of Calhoun County in the Formosa Plastics Corporation, Texas Reinvestment Zone 14-01. However, by Application dated September 13, 2018, Formosa wishes to amend its project description to exclude projects described as (2) Propane Dehydrogenation Unit, (3) Polyethylene Resin Unit, and (4) Power Generation Unit. Further, the estimated cost will proportionately be reduced to $1,000,000,000.00. AMENDMENT TO SECTION 6 Section 6 is amended to reduce the estimated cost of the project to $1,000,000,000.00 and the estimated permanent jobs created will be reduced to 80 as result 1 in the elimination of projects described in the preamble above. Substantial compliance with these estimates will be acceptable. Substantial compliance means within 80% of any authorized estimate. CONTINUATION OF ALL OTHER TERMS OF 2016 AGREEMENT Except as specifically amended or modified herein, all other terms, covenants and conditions contained in the 2016 Agreement, are hereby incorporated by reference, and made a part hereof for any and all purposes, are republished, and shall continue in full force and effect. PASSED, ADOPTED AND APPROVED, and EXECUTED IN MULTIPLE ORIGINALS by a vote of for and against on this the 19th day of September, 2018, beginning January 1, 2016. COUNTY: COMMISSIONERS COURT CALHOUN COUNTY, TEXAS � �v� lei PAk chael J. Pfe e , Cc/unfy Judge ATTEST: .c / Cl Deputy 2 FORMOSA PLASTICS CORPORATION, TEXAS By: Jack Wu, Agent and Attorney in Fact Calhoun County Commissioners' Court — September 19, 2018 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) On proposals for additional flood policies from GSM Insurors as recommended by Don Gray and proceed with purchasing the flood policies as quoted. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pet 3 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 8of16 Suan Riley 1 From: Candice Villarreal (candice.villarreal@calhouncotx.org) <candice.viIlarreaI@caIhouncotx.org > Sent: Tuesday, September 11, 2018 9:25 AM To: susan.riley@calhouncotx.org Cc: Michael Pfeifer, David Hall; vern.lyssy@calhouncotx.org; Clyde Syma; Kenneth Finster; cindy.mueller@calhouncotx.org Subject: Agenda Item - New Flood Policies Attachments: Calhoun Co-POC Library -Flood gte.pdf; Calhoun Co-POC Beach Restrooms-Flood gte.pdf; Calhoun Co-POC Comm Cntr Pavillion.pdf, Calhoun Co-POC Comm Cntr - Flood gte.pdf; Calhoun Co-Mag Beach Vehicle Storage -Flood gte.pdf; Calhoun Co-Mag Beach VFD-Flood gte.pdf, Calhoun Co-POC-Precinct 4 Shop -Flood gte.pdf; Calhoun Co - Revised qte-Mag Beach Restrooms.pdf, New Flood Insurance Policies.xlsx Susan, Can you please place the following on the next Commissioners Court agenda? I have attached all of the policy quotes to the email for the Commissioners to review. The last Excel attachment— New Flood Insurance Policies - is a summary of the new flood policies. Consider and take necessary action on accepting the proposals for additional flood policies from GSM Insurors as recommended by Don Gray and proceed with purchasing the flood policies as quoted. Thank you, Candice Villarreal Is, Assistant Auditor Calhoun County Auditors Office Phone: (361)553-4612 Fax: (361) 553-4614 candice.villarreal@)calhouncotx.org Wright National Flood Insurance Company A Stack Company PO Box 3 Sk Petersbwg, FLFL,, 33733 T f loC)d Office: 800.820.3242 Fax: 800.850.3299 Y Agency Number 49048 Quote Number 42QT4607421699 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Small Business No City, State, Zip ROCKPORT, TX 78381-1478 Non -Profit No Phone Number 361.729.5414 Current Date 08/28/2018 Agent's Email Address jwillims@gsminsurors.com gsminsurors.com Effective Dattees 09/27/2018 Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone AE Property Address 506 MAIN STREET Condominium Coverage None POC LIBRARY Construction Date 01/01/2018 City, State, Zip PORT O'CONNOR, TX 77982 Building Replacement Cost $669,000.00 Occupancy Type Non -Residential Business Building Elevated Building is not elevated House of Worship No Elevation Certificate Yes Building Type One Floor Lowest Floor Elevation 6.0 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure None Elevation Difference -I feet Building Flood Proofed No y`,c-'-�,a `""*�'.-�Y^ - ry„ ps . w �'lgti� .%i.. 2.-N Coverage Limits Deductible RPH Basic RPH Additional Building $500,000.00 $1,250.00 4.400 0.630 Contents $76,100.00 $1,250.00 1.750 0.130 Discount/Surcharge $360.00 1 Year Premium $12,921.00 ,v .n,eo'.i"+..:`�,mg^.:5pw^f��-�,"u�"`�/✓`�. ....^.v `�� r. .,..-... .,.. .. �v.. THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON -FIRM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. -,r�-.a>k��:x`Y��e:�..�::�:���$'. Ineligible - This risk is not eligible for Private Flood due to program criteria - Chubb PEA FLD3054 - Ineligible - Elev DiffIs Below Underwriting Requirements - Excess Flood a I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. homeowners insurance does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. I understand that my building coverage is lower than the replacement cost of my structure. Property Owner Signature: Date: A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurers liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payments) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 20180828162615 The online application process must be completed. Please do not submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underivriting review and may not be available if FEMA rates change. Please refer to the policy fa complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. °J {.3.�°-y.".v+°�wv5»u;: �. v; �':: .3 b o .., n.u.>. ., u... e vl wAw.. »+- ... �. +. ✓u= .±.il' .',?a Wright National Flood Insurance Company A Stock Company WRIGH PO Box 33003 St. Petersburg, FL, 33733 �_ rind Office: 800.820.3242 Fax: 800.850.3299 Building Contents Discount/Surcharge Total Premium $1,250.00 $1,250.00 $110.00 $12,921.00 $1,500.00 $1,500.00 $222.00 $12,792.00 $2,000.00 $2,000.00 $443.00 $12,538.00 $3,000.00 $3,000.00 $775.00 $12,157.00 $4,000.00 $4,000.00 $997.00 $11,901.00 $5,000.00 $5,000.00 $1,219.00 $11,646.00 $10,000.00 $10,000.00 $2,050.00 $10,690.00 $15,000.00 $15,000.00 $2,604.00 $10,053.00 $20,000.00 $20,000.00 $3,159.00 $9,415.00 $25,000.00 $25,000.00 $3,712.00 $8,779.00 $50,000.00 $50,000.00 $4,820.00 $7,505.00 This quote is issued by Wright National Flood Insurance Company 20190828162615 The online application process must be completed. Please do not submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not he available if FGMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to wsysv.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company 'WRIGHT PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 Fax: 800.850.3299 ,, r a,��nl'it`_llf�"'?Z`"'-..� f+,.. _ y' fus ,+'a iv-u✓ra"�. Agency Number 49048 Quote Number 42QT4607486599 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Non -Profit No City, State, Zip ROCKPORT, TX 78381-1478 Current Date 08/28/2018 Phone Number 361.729.5414 Effective Date 09/27/2018 Agent's Email Address jwilliams@gsminsurors.com gsminsurors.cyo�m .` "xvrh 'z �_ G.. !. ,....., � Fy'. ,an�,.l" ,a ... ,+T.��".. _ �'S_.:y r r�.. rv+.:..., e*'rQM��.�Jk%d.'a����7{`�{�..�. x5 �-r!...Y.,.'".. I.-_ ✓...n >�... ,.r_^.'' Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood RisldRated Zone AE ,_✓y- y y }".,��..v'...�... �i1A��11�� � �✓.=t�: '.T:. ✓c.:. ,�. ... .... ...... :v's.. ?ro.,..d,.Yn..Y ��..a�-^�"^: �.....-.. ., 3>,.t ., c�.h�..�... ..� vr1 „.,.,>Y... .. Property Address 845 MARGIE TEWMEY RD Condominium Coverage one MAGNOLIA BEACH VEHICLE STORAGE Construction Date 08/06/2001 City, State, Zip PORT LAVACA, TX 77979-6154 Building Replacement Cost $82,000.00 Occupancy Type Other Non -Residential Building Elevated Building is not elevated House of Worship No Elevation Certificate Yes Building Type One Floor Lowest Floor Elevation 7.0 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure None Elevation Difference -3 feet Building Flood Proofed No Coverage Limits Deductible RPH Basic RPH Additional Building $82,000.00 $1,000.00 8.260 2.090 Contents $16,000.00 $1,000.00 3.940 0.120 Discount/Surcharge - $250.00 1 Year Premium $8,857.00 y T..' �� THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON -FIRM AND NON -BINDING AND SUBJECT TO:REVIEW AND ADJUSTMENT. - Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. yy I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. Property Owner Signature: Date: A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payment(s) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 201808z9172717 The online application process must be completed. Please do not submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company WRIGHT PO Box 33003 St. Petersburg, FL, 33733 PJC act Office: 800.820.3242 Fax: 800.850.3299 ������Y.3.,�1A�r���!3",�����a. �.:.�-.<."�u•,� w,-? mu, ;/ r"' ,... _ .... l._ ... , .l.r , ,.��„Jsi N.. �' w�`», . � Building Contents Discount/Surcharge Total Premium $1,000.00 $1,000.00 $0.00 $8,857.00 $1,250.00 ,$1,250.00 $74.00 $8,772.00 $1,500.00 $1,500.00 $148.00 $8,687.00 $2,000.00 $2,000.00 $296.00 $8,517.00 $3,000.00 $3,000.00 $518.00 $8,261.00 $4,000.00 $4,000.00 $667.00 $8,090.00 $5,000.00 $5,000.00 $814.00 $7,921.00 $10,000.00 $10,000.00 $1,370.00 $7,282.00 $15,000.00 $15,000.00 $1,740.00 $6,856.00 $20,000.00 $20,000.00 $2,110.00 $6,431.00 $25,000.00 $25,000.00 $2,480.00 $6,005.00 $50,000.00 $50,000.00 $3,220.00 $5,154.00 This quote is issued by Wright National Flood Insurance Company 20180828172717 The online application process must be completed. Please do not submit this form wit/l your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Date: Agency Name: Agency Address: Agency City & State: Insured Name: _ Insured Address: Insured City & State: Statement of Variance Policy Number: Property Address: _ Property City & State: The property referenced above has been identified as a "Submit -for Rate" meaning that no risk rate is published in the Flood Insurance Manual. Insurance coverage can be obtained only after the National Flood Insurance Program has approved the application and has established the risk premium rate. In order to accomplish this, a copy of a variance is required. A variance is a grant of relief by a participating community from the terms of its floodplain management regulations. If no variance was granted, a statement to that effect signed by the applicant or the applicant's representative is required. Therefore, please be aware of the following: Copy of variance is attached No variance was granted Signature of Insured Date Signature ofInsured's Representative Date Wright National Flood Insurance Company A Stock Company PO Box 33003 WRIGH St. Petersburg, FL, 33733 Office: 800.820.3242 Fax:800.850.3299 KIt�`QM?',µ??.+.».....Ywz�.>w�-.'wz �'.r-w..i lS�.�s�+�4`.`Yn'�+-.�1�f.,. r �,">ri'♦ 10 1 �v+ ..r✓"� w "�'1�,. -' ..,.. �..v., �.l...ve, -�.. ,.._. .. Agency Number 49048 Quote Number 42QT4607438399 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Non -Profit No City, State, Zip ROCKPORT, TX 78381-1478 Covent Date 08/28/2018 Phone Number 361.729.5414 Effective Date 09/27/2018 Agent's Email Address jwilliams n gsminsurors.com a �} .. 3?. �/ .. � '� ,✓ if +ft u� b'"�� ...,v ����Q'�,�4�+` ��L,� `� �'`'y`. �."�--d-',_.,.-',6�,s."°'s�r�= r 's Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone AE Property Address N PARK AVE NEAR MONROE AVE Condominium Coverage None POC BEACH RESTROOMS Construction Date 02/05/2018 City, State, Zip PORT O'CONNOR, TX 77982 Building Replacement Cost $71,000.00 Occupancy'rype Other Non -Residential Building Elevated Building is not elevated House of Worship No Elevation Certificate Yes Building Type One Floor Lowest Floor Elevation 9.0 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure None Elevation Difference 0 feet Building Flood Proofed No Coverage Limits Deductible RPH Basic RPH Additional Building $71,000.00 $1,000.00 1.830 0.480 Contents $1,000.00 $1,000.00 0.790 0.120 Discount/Surcharge $250.00 1 Year Premium $1,810.00 THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON -FIRM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted, ... �' ✓ 2 �, J 5 ry .,U �v`r~ �.s ..awa. u�..?b .. ` > 1 ...� . were ..�$..+.:. I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. Property Owner Signature: Date: ip yam* r A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payment(s) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 20180828164156 The online application process must be completed. Please do not submit thisform with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to inviv.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company pyy PO Box 33003 WRIGHea St. Petersburg, FL, 33733 P�.Ic�ti Office: 800.820.3242 Fax: 800.850.3299 X. ������,�r ',� 7...�S! `...'.,." f,..L a✓ � s :�.. J w,:» rr� -. .. :,�Y�`�✓��... ....t-. .v . -o- .max+ � ,lv~v�.,v Building Contents Discount/Surcharge Total Premium $1,000.00 $1,000.00 $0.00 $1,810.00 $1,250.00 $1,250.00 $13.00 $1,795.00 $1,500.00 $1,500.00 $26.00 $1,780.00 $2,000,00 $2,000.00 $52.00 $1,750.00 $3,000.00 $3,000.00 $92.00 $1,704.00 $4,000.00 $4,000.00 $118.00 $1,674.00 $5,000.00 $5,000.00 $144.00 $1,644.00 $10,000.00 $10,000.00 $241.00 $1,533.00 $15,000.00 $15,000.00 $307.00 $1,457.00 $20,000.00 $20,000.00 $372.00 $1,382.00 $25,000.00 $25,000.00 $438.00 $1,306.00 $50,000.00 $50,000.00 $568.00 $1,157.00 This quote is issued by Wright National Flood Insurance Company 20180829164156 The online application process must be completed. Please do not submit this form iviDt your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to undetivriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance currier shown on this quote. a. Wright National Flood Insurance Company A Stock Company PO Box 33003 WRIGHT St. Petersburg, FL, 33733 Office: 800.820.3242 (dticiCi Fax: 800.850.3299 air+t�? yue1Z}wIA33 sue,_ Agency Number 49048 Quote Number 42QT4607480899 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Non -Profit No City, State, Zip ROCKPORT, TX 78381-1478 Current Date 08/28/2018 Phone Number 361.729.5414 Effective Date 09/27/2018 Agent's Email Address jwilliamsagsminsurors.com Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone AE .� '-. -�' s^ a '^�. _" - *S-i"EY-"n✓r 'rn � i^tS9ty+ f � ��1,�� 5 Ys' "'.. Property Address 873 MARGIE TEWMEY RD Condominium Coverage None MAGNOLIA BEACH VFD Construction Date 08/06/2001 City, State, Zip PORT LAVACA, TX 77979-6154 Building Replacement Cost $208,000.00 Occupancy Type Other Non -Residential Building Elevated Building is not elevated House of Worship No Elevation Certificate Yes Building Type One Floor Lowest Floor Elevation 8.0 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure None Elevation Difference -2 feet Building Flood Proofed No X-�r. �r ..�•, ��� '."'�_� �4,": `':�`�. . , ,»,.�� . M��S��: ���sar-.-xx''�,�����A�C,' ,.... <_ «.��';I"w�.'��. Coverage Limits Deductible RPH Basic RPH Additional Building $208,000.00 $1,250.00 6.520 1.220 Contents $57,000.00 $1,250.00 2.630 0.210 Discount/Surcharge $383.00 1 Year Premium $15,500.00 THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON -FIRM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. {� Twvu _„r_,_ _.k cr_ ,:S�vurrc���,�;�.,,�u I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. Property Owner Signature: Date: A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurers liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payment(s) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 20180828 V3518 The online application process must be completed. Please do not submit thisfonn with your paymen4 Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if TEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company WRE IF IF Y■ PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 F It }i.Id Fax: 800.850.3299 Building Contents, Discount/Surcharge Total Premium $1,250.00 $1,250.00 $133.00 $15,500.00 $1,500.00 $1,500.00 $266A0 $15,347.00 $2,000.00 $2,000.00 $532.00 $15,041.00 $3,000.00 $3,000.00 $932.00 $14,581.00 $4,000.00 $4,000.00 $1,198.00 $14,275.00 $5,000.00 $5,000.00 $1,464.00 $13,969.00 $10,000.00 $10,000.00 $2,463.00 $12,820.00 $15,000.00 $15,000.00 $3,128.00 $12,055.00 $20,000.00 $20,000.00 $3,794.00 $11,289.00 $25,000.00 $25,000.00 $4,459.00 $10,525.00 $50,000.00 $50,000.00 $5,790.00 $8,994.00 This quote is issued by Wright National Flood Insurance Company 201808281735r The online application process must be completed. Please do not submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to vvww.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Date: Agency Name: Agency Address: Agency City & State: Insured Name: _ Insured Address: Insured City & State: Statement of Variance Policy Number: Property Address: _ Property City & State: The property referenced above has been identified as a "Submit -for Rate" meaning that no risk rate is published in the Flood Insurance Manual. Insurance coverage can be obtained only after the National Flood Insurance Program has approved the application and has established the risk premium rate. In order to accomplish this, a copy of a variance is required. A variance is a grant of relief by a participating community from the terms of its floodplain management regulations. If no variance was granted, a statement to that effect signed by the applicant or the applicant's representative is required. Therefore, please be aware of the following: Copy of variance is attached No variance was granted Signature of Insured Signature ofInsured's Representative Date Date �, ���r�Q�J1���Y��..' ., l .;.y. �f G..v rr _.� a..^s.....��.-u .r-. MS.-^� .^!'..' .'Jl.,-u. s..'r.IS.i 7=:,. ..,r, :.. ✓�. r. Wright National Flood Insurance Company A Stack Company PO Box 33003 WRIMT St. Petersburg, FL, 33733 Fk)cid Office: 800.820.3242 Fax: 800.850.3299 �Y� �.. �+.Sr::-i'.�-riX v.;`•*'_� 'CI .^�."..-,v.v.'..'X�.�,. vu�.-EtrA3al� .a�+.ir'."�"ii:..Y.c-'"--:»� r ..� ✓s1.1.:'-cc errs..-.���TI�Ya�+ .....w ,tr"a�x "c....M... rQuote Agency Number 49048 Number 42QT4607469699 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Non -Profit No City, State, Zip ROCKPORT, TX 78381-1478 Current Date 08/28/2018 Phone Number 361.729.5414 Effective Date 09/27/2018 Agent's Email Address jwilliams@gsminsurors.com Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone AE ^„.. ✓ .'^v .�,.,'" Y 9.„...v--.'^rj'^' ,: ,. 'sv�.&4..,w3-''di'.: ��m�.._.-;.Y'a ww-,r!'�'.��..k�'!�'v€�`���.-.'/v/.,� Property Address HIGHWAY 185 Condominium Coverage None POC COMMUNITY CENTER PAVILLION Construction Date 02/12/2018 City, State, Zip PORT O'CONNOR, TX 77982 Building Replacement Cost $343,000.00 Occupancy Type Other Non -Residential Building Elevated Building is not elevated House of Worship No Elevation Certificate Yes Building Type One Floor Lowest Floor Elevation 11.0 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure None Elevation Difference 2 feet Building Flood Proofed No _"'„�,�J' 1 �,",v, r""���r � 1'�y+u�aw�Y...::.,I'{��1f��4'VQ�,. y-� "i*�.'"X-�-�„".? 'ap,,w: �-:. "" ate"` -^a .=,s�•`,m.,Y'• � y+G. „,. .: , -'a.' Coverage Limits Deductible RPII Basic RPH Additional Building $343,000.00 $1,250.00 0.440 0.190 Contents $2,000.00 $1,250.00 0.240 0.120 Discount/Surcharge $261.00 1 Year Premium $1,552.00 M m'� 1Y..'* THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON -FIRM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: L Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection.. Property Owner Signature: Date: ,77g. A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim paymcm(s) in the event of a covered loss, as the out-of- pocket.expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company nn8082816111s The online application process must be completed. Please do not submit ibis form Ivitb your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FENIA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. r .... e..s r...a. 1, Wright National Flood Insurance Company A Stock Company � 7g T7� I H �♦/ �♦/ ��{R 3003 PO Box , FL, St. Petersburg, FL, 33733 Office: 800.820.3242 Fax: 800.850.3299 f r jjyy T rp �yryg`, Building Contents Discount/Surcharge Total Premium $1,250.00 $1,250.00 $11.00 $1,552.00 $1,500.00 $1,500.00 $21.00 $1,541.00 $2,000.00 $2,000.00 $44.00 $1,514.00 $3,000.00 $3,000.00 $76.00 $1,478.00 $4,000.00 $4,000.00 $98.00 $1,452.00 $5,000.00 $5,000.00 $121.00 $1,426.00 $10,000.00 $10,000.00 $202.00 $1,333.00 $15,000.00 $15,000.00 $257.00 $1,269.00 $20,000.00 $20,000.00 $311.00 $1,207.00 $25,000.00 $25,000.00 $367.00 $1,143.00 $50,000.00 $50,000.00 $476.00 $1,018.00 This quote is issued by Wright National Flood Insurance Company M808281651 is The online application process must be completed. Please do not submit Obis form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. C. Y � t�C �,"�,.«:sr,�✓ ar`.A� 'Y7/;v '.Y M1`J ..:..� „2,,,,_ �a2s ,... Wright National Flood Insurance Company A Stock Company PO Box 33003 WRIGH St. Petersburg, FL, 33733 1-1 'nud Office: 800.820.3242 Fax: 800.850.3299 Agency Number 49048 Quute Number 42Qf4607694899 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Non -Profit No City, State, Zip ROCKPORT, TX 78381-1478 Current Date 08/29/2018 Phone Number 361.729.5414 Effective Date 09/28/2018 Agent's Email Address jwilliamsr@igsminsurors.com y "Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone X `fU'`-^---"'s=".�,a..„5 v,�„ •r z HY "mot>c. Y4 <rr `" %'.;+,Yp`, ': hY > ..,. -�' -2:.: fir' ,^,L, x'`...''Ga'".',, "_"; _ ,.. ,_...w,I7.,. Property Address TREVOR STREET Condominium Coverage None POC PRECINCT 4 SHOP Construction Date 08/13/2001 City, State, Zip PORT O'CONNOR, TX 77982 Building Replacement Cost $129,000.00 Occupancy Type Other Non -Residential _ Building Elevated Building is not elevated House of Worship No Enclosure None Building Type One Floor Location of Contents Lowest Floor Only - Above Ground Level Coverage Limits Deductible RPH Basic RPH Additional Building $129,000.00 $1,250.00 1.030 0.300 Contents $144,000.00 $1,250.00 1.340 0.610 Discount/Surcharge $282.00 1 Year Premium $4,018.00 r THIS IS NOT AN OFFER FOR INSURANCE. THIS INDICATION IS NON -FIRM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. PLEASE BE ADVISED THAT BY OPTING TO PROVIDE LIMITED UNDERWRITING INFORMATION ON THE INDICATION OF PREMIUM, YOU WERE REQUIRED TO PRE -CALCULATE THE LOWEST FLOOR ELEVATION. IN ORDER TO COMPLETE AN APPLICATION, ADDITIONAL QUESTIONS AND FIELDS WILL BE ASKED TO VERIFY ALL ELEVATION INFORMATION. THIS MAY RESULT IN A CHANGE TO THE ELEVATION FIGURES, RATING, AND PREMIUM. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. r } 1 understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. Property Owner Signature: Date: A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payment(s) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 20180829150652 The online application process must be completed. Please do nor submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FCMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 Fax: 800.850.3299 �c Building Contents Discount/Surcharge Total Premium $1,250.00 $1,250.00 $32.00 $4,018.00 $1,500.00 $1,500.00 $66.00 $3,979.00 $2,000.00 $2,000.00 $130.00 $3,905.00 $3,000.00 $3,000.00 $228.00 $3,793.00 $4,000.00 $4,000.00 $294.00 $3,717.00 $5,000.00 $5,000.00 $358.00 $3,643.00 $10,000.00 $10,000.00 $603.00 $3,361.00 $15,000.00 $15,000.00 $766.00 $3,174.00 $20,000.00 $20,000.00 $929.00 $2,986.00 $25,000.00 $25,000.00 $1,092.00 $2,799.00 $50,000.00 $50,000.00 $1,418.00 $2,424.00 This quote is issued by Wright National Flood Insurance Company 201 8082915os52 The online application process must be completed. Please do not submit tbisjorm with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FFMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company PO Box St. Petersburg,, FLFL,, 33733 FlCtod Office: 800.820.3242 Fax:800.850.3299 62 ���=�✓' �'.a`T'e�����J.,.n�..f� 'nY�� "��..a5«+. P �.+.� x :„..s, 'a' l,:.Ne...x-. y..s Agency Number 49048 Quote Number 42QT4607475299 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Non -Profit No City, State, Zip ROCKPORT, TX 78381-1478 Current Date 08/28/2018 Phone Number 361.729.5414 Effective Date 09/27/2018 Agent's Email Address jwilliamsagsminsurors.com Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone AE t„ Property Address 3674 W ADAMS STD Condominium Coverage None POC COMMUNITY CENTER Construction Date 01/02/1995 City, State, Zip PORT O CONNOR, TX 77982-9700 Building Replacement Cost $595,000.00 Occupancy Type Other Non -Residential Building Elevated Building is not elevated House of Worship No Elevation Certificate Yes Building Type One Floor Lowest Flom Elevation 11.0 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure None Elevation Difference 2 feet Building Flood Proofed No Coverage Limits Deductible RPH Basic RPH Additional Building $500,000.00 $1,250.00 0.440 0.190 Contents $36,000.00 $1,250.00 0.240 0.120 Discount/Surcharge $265.00 1 Year Premium $1,984.00 ""3' � �...zza .,;,,F-.p_ w x in.✓'i'. o a�s'���5",`��vN�.�.rrv�+rr� ,.�.' `.'.- ..N+���� , '2'"-'r5;`.cr„�^i"' .�.a ir�^�.? THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON -FIRM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. ���. ,.. :-. w ,p. N+v+,uy2.?-?.Y�i of y"%.+YiCnn'r2'-*z�."W s., r� .m r � .'�. .. ..5u^L"Y��`c"f✓µr'3` iuM-:_.i max,. aiSa�' Ineligible - This risk is not eligible for Private Flood due to program criteria - Chubb PFA Warning - FLD3056 - Business Name Exists - Excess Flood I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in Inv -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. I understand that my building coverage is lower than the replacement cost of my structure. Property Owner Signature: Date: A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payments) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 20180928170323 The online application process must be completed. Please do not submit this farm with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to wrwv.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company I PO Box 33003 St. Petersburg, FL, 33733 Office: 800.820.3242 ir,ty Faa�x:800.850.3299 ln... .d"'`�.....lJ.' �����"33.�f51r�Y+"-�i. 'Jb l✓PG` 'Y` �.. .fif..wTa ,..v �y �-'d�... Building Contents Discount/Surcharge Total Premium $1,250.00 $1,250.00 $15.00 $1,984.00 $1,500.00 $1,500.00 $29.00 $1,968.00 $2,000.00 $2,000.00 $59.00 $1,933.00 $3,000.00 $3,000.00 $103.00 $1,882.00 $4,000.00 $4,000.00 $133.00 $1,848.00 $5,000.00 $5,000.00 $162.00 $1,815.00 $10,000.00 $10,000.00 $272.00 $1,688.00 $15,000.00 $15,000.00 $346.00 $1,603.00 $20,000.00 $20,000.00 $420.00 $1,518.00 $25,000.00 $25,000.00 $494.00 $1,433.00 $50,000.00 $50,000.00 $641.00 $1,264.00 This quote is issued by Wright National Flood Insurance Company 201809281703T3 The online application process must be completed. Please do not submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. �� .{� �.-.. a... "G �;?m.n..wi-,...,-5'�/'.��eiv�%.�".��'PJRU^_�f.IQ�+��%���.u+��F�x ��✓'l: �:v.y-U'9.Yx`eW��2�"A'a.�. >�v",.�a df�»-+. J+:.w:xl. ... hv.^ Wright National Flood Insurance Company A Stock Company PO Box 33003 WRIGHT St. Petersburg, FL, 33733 -i«od Office: 800.820.3242 Fax: 800.850.3299 Agency Number 49048 Quote Number 42QT4610147499 Agency GSM INSURORS Applicant CALHOUN COUNTY Address PO BOX 1478, Small Business No City, State, Zip ROCKPORT, TX 78391-1478 Non -Profit No Phone Number 361.729.5414 Current Date 09/10/2018 Agent's Email Address jwilliams@gsminsurors.com Effective Date 10/10/2019 Program Type Flood Regular Policies Community 480097 - CALHOUN COUNTY Flood Risk/Rated Zone VE MEMO - NO ...NO '... .. rsm.^.. "- .,�'-'�,�tvs"01 . ,�9�."J+v,. ... .y,.+ .,2.E'i"n.. Property Address 833 N OCEAN DR Condominium Coverage None MAGNOLIA BEACH PUBLIC RESTROOM Construction Date 08/12/2001 City, State, Zip PORT LAVACA, TX 77979 Building Replacement Cost $158,000.00', Occupancy Type OtherNon-ResidentialBuilding Elevated Building is not elevated House of Worship No Elevation Certificate YesI, Building Type One Floor Lowest Floor Elevation 3.6 feet Location of Contents Lowest Floor Only - Above Ground Level Enclosure NoneI, Elevation Difference -8 feet'' Building Flood Proofed No Coverage Limits Deductible RPH Basic RPH Additional Building $158,000.00 $1,250.00 6.930 6.930 Contents $8,000.00 $1,250.00 6.090 6.090 Discount/Surcharge $364.00 1 Year Premium $13,407.00 r THIS IS NOT AN OFFER FOR INSURANCE. THIS QUOTE IS NON-FHIM AND NON -BINDING AND SUBJECT TO REVIEW AND ADJUSTMENT. Please submit the required documentation listed on your application summary for review and approval. If additional information is required to actuarially rate the risk, you will be contacted. I understand that, if I decline this protection, my agent and/or his/her agency will be held harmless and not liable in the event I suffer a flood loss. I have been made aware of the following facts: 1. Commercial insurance typically does not cover flood damage. 2. Federal disaster assistance is most typically an interest -bearing loan. 3. Flooding can and does occur in low -risk zones nationwide. (Initial next to the following. Sign and date at the bottom.) I reject building and contents coverage for flood protection. Property Owner Signature: Date: �r 'y A variety of deductible options are available for your flood insurance policy. Effective April 1, 2015, the National Flood Insurance Program is introducing a new deductible option of $10,000 for policies covering 1-4 family residential properties. A deductible is a fixed amount or percentage of any loss covered by insurance which is bome by the insured prior to the insurer's liability. Choosing the amount of your deductible is an important decision. Although a higher deductible will lower the premium you pay, it most likely will reduce your claim payment(s) in the event of a covered loss, as the out-of- pocket expenses for repairs will be borne by you to the extent of the deductible selected. The deductible(s) you have chosen will apply separately to Building Property and Personal Property claims. If your mortgage lender is requiring this policy, it is important that you discuss higher deductible options with your lender before electing a deductible amount, as it may require a limited deductible. This quote is issued by Wright National Flood Insurance Company 20180910182427 The online application process must be completed. Please do not suhrnit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Wright National Flood Insurance Company A Stock Company PO Box 33003 WRIGHT St. Petersburg, FL, 33733 -irlr,tj Office:800.820.3242 Fax: 800.850.3299 Building Contents Discount/Surcharge Total Premium $1,250.00 $1,250.00 $114.00 $13,407.00 $1,500.00 $1,500.00 $229.00 $13,274.00 $2,000.00 $2,000.00 $457.00 $13,012.00 $3,000.00 $3,000.00 $800,00 $12,618.00 $4,000.00 $4,000.00 $1,029.00 $12,354.00 $5,000.00 $5,000.00 $1,258.00 $12,091.00 $10,000.00 $10,000.00 $2,116.00 $11,104.00 $15,000.00 $15,000.00 $2,687.00 $10,448.00 $20,000.00 $20,000.00 $3,259.00 $9,790.00 $25,000.00 $25,000.00 $3,831.00 $9,132.00 $50,000.00 $50,000.00 $4,975.00 $7,816.00 This quote is issued by Wright National Flood Insurance Company 2019091018242'' The online application process must be completed. Please do not submit this form with your payment. Carefully review the quote being provided for accuracy. Price and terms associated with this quote are subject to underwriting review and may not be available if FEMA rates change. Please refer to the policy for complete terms, conditions, and exclusions. Please refer to www.ambest.com for rating, financial size category and additional information on the insurance carrier shown on this quote. Date: Agency Name: Agency Address: Agency City & State: Insured Name: Insured Address: _ Insured City & State: Statement of Variance Policy Number: Property Address: _ Property City & State: The property referenced above has been identified as a "Submit -for Rate" meaning that no risk rate is published in the Flood Insurance Manual. Insurance coverage can be obtained only after the National Flood Insurance Program has approved the application and has established the risk premium rate. In order to accomplish this, a copy of a variance is required. A variance is a grant of relief by a participating community from the terms of its floodplain management regulations. If no variance was granted, a statement to that effect signed by the applicant or the applicant's representative is required Therefore, please be aware of the following: Copy of variance is attached No variance was granted Signature of Insured Signature of Insured's Representative Date Date 0 00 Imo+ N 00 l0 N A 3 C 01 of tC W C O N N N N N O N fD 0 a O O O O O O O O N re N N D 0 0 OT a• O O' (D Q N O' (U N N N N N A a O 0 O + O O W W O O O a v3r 10 A m m o �• O n S JC O O n N n O S UQ 3 Z p 0 3 3 m o < m 3 n > > n n V A W W W W N W N o O O O W A A m obi n�i ov oa VI N A 2 A O_ � O O O O O O O O O O J O J O J O J O J O x J O V O J O Pf tVD lV0 lJp w J pi V ni J pi %+ O O X X X ? ? ? X W O O N O �* O ODW fv �. m n O O O O O o N X X ^ A (D 'aGOi W to o r- m 00 of 0 O O O 2 O O O O 001 O O O fD w 3 vi �f m T m X m m m m m T N < 0 1 N Calhoun County Commissioners' Court — September 19, 2018 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) On Insurance proceeds check from Texas Association of Counties (TAC) for property damages associated with Hurricane Harvey in the amount of $15,051.81. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 9 of 16 Suan Riley From: Candice Villarreal (candice.villarreal@calhouncotx.org) <ca n d i ce.vi I l a rrea I@ ca I hou ncotx. o rg > Sent: Tuesday, September 11, 2018 9:25 AM To: susan.riley@calhouncotx.org Cc: Michael Pfeifer; David Hall; vern.lyssy@calhouncotx.org; Clyde Syma; Kenneth Finster Subject: Agenda Item - Additional Harvey Claim Insurance Proceeds Attachments: TAC Insur Proceeds Harvey 090618.pdf Susan, Please add the following agenda item for the next Commissioners Court — 9/19/18. • Consider and take necessary action on an insurance proceeds check from TAC for property damages associated with Hurricane Harvey in the amount of $15,051.81. Thank you, Candice Villarreal 1st Assistant Auditor Calhoun County Auditors Office Phone: (361)553-4612 Fax: (361) 553-4614 candice.villarreal@calhouncotx.org / m / b §§ ($ �® � rd � ) � \ �$ �§ § ) » § �C6� . ) [ � . §)§ £ o Calhoun County Commissioners' Court —September 19, 2018 12. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12) On FY2019 Texas VINE renewal and authorize County Judge to sign contract with APPRISS. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet I SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 10 of 16 Suan Riley Z From: Colleen Heslin (cheslin@apprisssafety.com) <cheslin@apprisssafety.com> Sent: Thursday, September 13, 2018 5:45 PM To: susan riley Subject: RE: Texas Statewide VINE Service Agreement FY 2019 Hi Susan, I did receive the FY2018 Service Agreement on 8/22. The Service Agreement sent yesterday is for FY 2019 which is from September 1, 2018 through August 31, 2019. So the Judge will need to sign the FY2019 as well for your service going forward. Let me know if you have any questions. Thanks, Colleen Colleen Heslin Account Specialist III Appriss Safety 9901 Linn Station Road, Suite 500 / Louisville, KY 40223 USA t+1 502-815-3850 • cheslin ,apprisssafet www.apprisssafety.com Connect with Appriss Safety: Linkedln / Facebook / Twitter / Bloa From: Susan riley <susan.riley@calhouncotx.org> Sent: Thursday, September 13, 2018 9:42 AM To: Colleen Heslin <cheslin@apprisssafety.com> Subject: RE: Texas Statewide VINE Service Agreement FY 2019 Importance: High 1 N Suan Riley B From: Heslin, Colleen <cheslin@appriss.com> on behalf of system@netsuite.com Sent: Wednesday, September 12, 2018 4:23 PM To: renette.todd@calhouncotx.org; susan.riley@calhouncotx.org; cindy.mueller@calhouncotx.org; susan.riley@calhouncotx.org Cc: cheslin@appriss.com; bcooper@appriss.com Subject: Texas Statewide VINE Service Agreement FY 2019 Attachments: Calhoun County Service Agreement.pdf Hello, I'm contacting you today in regards to the FY2019 Texas VINE Renewal. This email will walk you through the 2019 renewal process for the VINE (Victim Information & Notification Everyday) Program. PLEASE 8E ADVISED the current service period began on August 31, 2018. As such, we are requesting that this Service Agreement be completed and returned no later than October 31st, 2018. This agreement is between Appriss and your County. In an effort to ensure appropriate tracking of the Service Agreements by Appriss & the Office of the Attorney General, we would like to know when you are planning to submit the VINE Service Agreement to the County Commissioners Court for approval? Please respond with the date to my attention at cbeslin(a)angrisssafety.com. Please print and sign the attached document and return one scanned copy to Appriss to my attention at cheslin capprisssafetv.com or you can mail a copy to 9901 Linn Station Road, Ste. 500, Louisville, KY 40223; and Send one copy to Chris Gersbach at the Texas Attorney General's Office — MC-004 at P.O. Box 12548, Austin, TX 78711-2548 or email a scanned copy to f;IitisC;cishacl'ritcal sit iomey.;c,neral4�(t'and; Retain one copy for your records. If you are unable to make the deadline please send a quick email to let Chris and I know when to expect your documents. Please Note: You should have already received your Maintenance Contract from the OAG (Grantee Contract) to cover the costs for services through August 31, 2019. If you have any questions regarding the OAG's contracts, please contact Chris Gersbach at 512/936-1653 or email him at Claris.Gersbach( a),texasattorncy,n eeral.gov. If you have any questions or need additional information, please contact Colleen Heslin at 800/816-0491 ext. 3850. APPRISS SAFETY — VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) VINE® SERVICE AGREEMENT DIR-TSO-3937 DIR-TSO-3937 APPENDIX D (per Amendment 1) VINE° SERVICE AGREEMENT VINE 20140114 Agreement No. 1989649-2019 APPRISS SAFETY — VINE° SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) Agreement No.1989649-2019 BETWEEN: Appriss Safety 9901 Linn Station Rd., Suite 500 Louisville, KY 40223-3842 Date: September 1, 2018 CUSTOMER: Calhoun County 211 South Ann Street, #301 Port Lavaca, TX 77979 L Appriss Safety (the "Service Provider" or "Appriss") hereby agrees to provide victim notification services known as the VINE® Service as described herein (the "Services"). A. The Services will be provided to: Calhoun County (the "Customer"). The Customer hereby agrees to purchase from the Service Provider the Services on the terms and conditions of DIR Contract No. DIR-TSO-3937 and hereinafter set forth herein. B. The Services will be provided in connection with the following sites: 1. County Jail 2. District Court This Agreement shall be effective as of September 1, 2018 and continue for Twelve (12) consecutive months. Billing of `Recurring Operational Fees' shall not affect the Service Agreement renewal date C. Description of Services. VINE® Service - Subject to the terms, conditions and limitations of DIR Contract No. DIR-TSO-3937 and contained herein, the Service Provider shall: 1. Be responsible for all development associated with the processing of the notification signal and the actual notification attempts once the signal has been transmitted. 2. The Customer and its Participating Agencies at each site will assist the Service Provider in coordinating initial work required by the existing vendors or in-house resources. Where applicable, costs of postage and stationary are excluded. 3. Dedicate a special telephone number for the Customer's use of the VINE Service Center. 4. Process incoming and outgoing victim calls. a. Victim notification calls only occur after the Customer manually enters the required data into the Customer's automated system which creates a file with the required data that is transmitted to the VINE Data Center. b. Upon receipt of the required data, the notification processes as defined in the VINE proposal are performed. c. After the initial start-up period, the Customer (Participating Agencies at each site) is responsible for making modifications to their automated system (Booking System) and will manage their internal resources and/or system vendor to modify or provide the required programming to provide the Service Provider with the data required. VINE 20140114 Agreement No. 1989649-2019 APPRISS SAFETY — VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) The Customer shall bear all costs associated with these changes or modifications to their existing automated system after the initial connection. The Service Provider acts only in the capacity of technical advisor to assist in this work. 5. Provide support services on a 24 hour a day, 7-days a week basis through its Customer First Center (the "CFC") b Supplies and Materials. The Service Provider shall make available certain materials and supplies to the Customer for use in introducing VINE to the community. The creation of print, radio and television PSAs is included in the fees. A. Appriss will provide support materials in agreed upon quantities for all VINE services onetime per contract year as part of the recurring operational fees. 1. At the Customer's expense, support materials in excess of agreed upon quantities may be purchased from the Service Provider at our published pricing. B. The creation of radio and television Public Service Announcements (PSAs) is included in the service as well. 1. Appriss will provide a tailored version of our stock television PSA at no additional charge. 2. Radio PSAs will be produced and provided on a CD at no additional charge. The radio PSA can also be sent electronically for distribution by email or posted on websites. El Fees and Commissions. Prior to this Agreement being valid, and service to begin: A. The Service Provider must receive a purchase order from the Funding Source (as defined in Exhibit A hereto) to cover the following fees as exhibited in Appendix C of DIR Contract No. DIR-TSO-3937. B. The Customer billing contact information and Funding Source contact information must be provided on Exhibit A (attached). 1. Non -Recurring Startup Fees. These fees are for: a. Establishing the system connection b. Startup c. Training d. Interface development The startup fees for services on this project are $ 0 and will be billed according to the billing schedule and in accordance to Appendix A, Section 8I of DIR Contract No. DIR-TSO-3937. VINE 20140114 Agreement No. 1989649-2019 APPRISS SAFETY — VINE" SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) 2. Recurring Operational Fees. These fees cover: a. The annual cost of operating and supporting the VINE Service b. Hardware and proprietary software (the "VINE Software") used to power VINE c. All incoming and outgoing calls d. 24-hour monitoring of the service e. The cost of transmitting all data The operational fees for the VINE Service will be $6,389.38 per year. Payments will be made in accordance to Appendix A, Section 8J of DIR Contract No. DIR-TSO- 3937. IV. Performance of Additional Services. The parties agree that should the Service Provider choose to perform, at the Customer's request, any services not covered by this Agreement, the Customer shall compensate the Service Provider for its direct labor, parts and subcontracted work at the Standard Rate as indicated in Appendix C of DIR Contract No. DIR-TSO-3937. Booking System Interface Changes. All work done by Appriss Inc., related to an agency changing their booking system from their existing VINE supported booking system to a new VINE supported booking system including, but not limited to, interface installation, setup, configuration, testing and documentation is considered standard maintenance and covered under this service agreement. A VINE supported booking system is one for which an interface already exists. Booking systems not yet supported by VINE, i.e., without an existing interface, are not considered standard maintenance and are subject to the hourly contract rate of $100/hr for performance of additional services. Third -party costs (booking system vendors, agency IT staff, etc.) associated with any booking system changes are not covered under this agreement. V. Warranty. The Service Provider represents and warrants qualified personnel shall perform the Services in a competent and professional manner. If the VINE Software does not substantially conform to the VINE Software specification, the Service Provider's sole obligation under this warranty is to remedy such defect, provided that the VINE Software has not been modified by anyone other than the Service Provider. These express limited warranties are in place of all other warranties, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and all such other warranties are expressly disclaimed and excluded by the Service Provider. VL Ownership of Intellectual Property; Licenses. The Service Provider retains all ownership rights in the VINE Software and all documents, designs, inventions, copyrightable material, patentable and unpatentable subject matter and other tangible materials authored or prepared by the Service Provider (the "Intellectual Property") in connection with the Services. The Service Provider hereby grants the Customer a limited, non-exclusive, non -transferable, non-sublicensable license to use the VINE Software in connection with the provision by the Service Provider of the VINE Services for the Customer's internal purposes only. Nothing herein shall grant the Customer a license to the source code of the VINE Software. Nothing contained herein shall be construed to grant the Service Provider any ownership rights in data supplied by the Customer to the Service Provider in connection with this Agreement. Appriss will use the data in connection with the VINE Service while offenders are within the VINE Service window (which begins the moment the offender is in custody and ends within a number of days after the offender VINE 20140114 Agreement No. 1999649-2019 APPRISS SAFETY — VINE° SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) leaves custody as predetermined by the Customer, except that for court records, the service window ends 30 days after the final dispensation of the case) for victim notification and may use current and historical data in applications for law enforcement, government, risk management, security, or fraud detection purposes. VIL Intellectual Property Indemnification. Indemnification will be handled in accordance to Appendix A, Section l0A of DIR Contract No. DIR-TSO-3937. VDL Confidentiality. The Service Provider shall not disclose any Confidential Information without the Customer's express, prior written permission, except to the extent that a disclosure is required by law or court order. For purposes of this paragraph, "Confidential Information" means all documents, reports, data, records, forms, and other materials obtained by the Service Provider from the Customer in the course of performing any Services (including, but not limited to, the Customer records and information): (i) that have been marked as confidential; (ii) whose confidential nature has been made known by the Customer to the Service Provider; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. Notwithstanding the foregoing, "Confidential Information" does not include information in the public domain. In addition, the Service Provider shall not remarket or utilize any documents, reports, data, records, forms, or other materials created or obtained in relation to the VINE System, except as consistent with the terms of the Office of the Attorney General of Texas's Vendor Renewal Certification for the Statewide Automated Victim Notification Service. IX Liability Limit. Limitation of Liability will be handled in accordance to Appendix A, Section 10K of DIR Contract No. DIR-TSO-3937. X Force Majeure. Force Majeure will be handled in accordance to Appendix A, Section I IC of DIR Contract No. DIR-TSO-3937. U Entire Agreement; Inconsistent Terms. DIR Contract No. DIR-TSO-3937 and this Agreement and all exhibits, appendices, and schedules attached hereto are the complete and exclusive statement of the agreement between the Customer and the Service Provider, and supersede any and all other agreements, oral or written, between the parties This Agreement may not be modified except by written instrument signed by the Customer and by an authorized representative of the Service Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate the Service Provider. 2U Term and Termination. This Agreement shall commence upon the date set forth above and continue in effect for Twelve (12) months. This Agreement shall have three (3) one (1) year renewal options exercised by Customer providing 30 day written notice prior to the then- expiration date. Any changes in pricing for this Agreement must be approved by DIR. Termination will be handled in accordance to Appendix A, Section 11B of DIR Contract No. DIR- TSO-3937 VINE 20140114 Agreement No. 1989649-2019 APPRISS SAFETY — VINEO SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) NK Parties in Interest. Nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement. Nothing in this Agreement shall be construed to create any rights or obligations except among the parties hereto, and no person or entity shall be regarded as a third -party beneficiary of this Agreement. W. Assignment. Assignment will be handled in accordance to Appendix A, Section 4D of DIR Contract No. DIR-TSO-3937. XV. Jurisdiction and Choice of Law. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of Texas. Service Provider and Customer hereby consent to the jurisdiction of any competent state court of Texas located in Travis County, Texas, with respect to any actions arising from this Agreement. No action may be brought by either party against the other later than four (4) years after the cause of action has accrued. Nothing herein shall be construed to waive the sovereign immunity of the State of Texas. XVL Customer's Project Manager. For the purposes of this project, the following contact will be used as the Customer's project management contact. All project responsibilities that belong to the Customer will be coordinated and managed by this contact. The Customer appoints the project manager to be Jonathan Musick, who can be reached at telephone number 502-815-3810, or via email at jmusick@apprisssafety.com. Signature Page Follows VINE 20140114 Agreement No. 1989649-2019 APPRISS SAFETY — VINE° SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) APPRISS SAFETY BY: Signature Joshua P. Bruner Nanee 09/12/2018 Date President Title Customer Acceptance of Proposal: The above prices, proposal, provisions and conditions are satisfactory and are hereby accepted. Service Provider is authorized to do the work as specified. Payment will be made as described on the terms outlined in this Service Agreement. CUSTOMER BY: a e( A e -ej1 3, 7K,4-- Nanee -/%-� Date 16 Lt j-j Iq)e Title VINE 20140114 Agreement No. 1989649-2019 APPRISS SAFETY — VINE° SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) APPRISS INC. SERVICE AGREEMENT - EXHIBIT A Customer: CalhounCounty - Billing Address: 202 S. Ann St. Suite A Port Lavaca TX 77979 Sheet Address Port Lavaca TX 77979 City State Zip Finance Contact: Rhonda Kokena Name Telephone: 3 61-553 —4 616 E-mail: rhonda.kokena@calhouncotx.org Treasurer Title Fax: 361-553-4614 Funding Source: Texas Office of the Attorney General — Grant Administration Division Billing Address: P.O. Box 12548 Street Address Austin TX 78711-2548 City State Zip Finance Contact: Chris Gersbach Texas SAVNS Proeram Manager Name Tilde Telephone: 512-936-1653 Fax:512-370-9827 Date funds to be received from Funding Source: !!Von submittal of FY2019 OAG required documentation. Mail payments to: APPRISS INC. 9901 LINN STATION RD SUITE 500 LOUISVILLE, KY 40223-3842 Questions and correspondence related to billings and/or payments may be directed to: Colleen G. Heslin Appriss Inc. 9901 Linn Station Road, Suite 500 Louisville, KY 40223-3842 502-815-3850 cheslin@apprisssafety.com VINE 20140114 Agreement No. 1989649-2019 Calhoun County Commissioners' Court —September 19, 2018 13. ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: (AGENDA ITEM NO. 13) i. Calhoun Tax Assessor/Collector ii. County Treasurer iii. County Sheriff iv. District Clerk v. County Clerk vi. Justices of Peace — JP #4 August 2018 vii. County Auditor viii. Floodplain Administration ix. Extension Service x. Adult Detention Center SHP Medical RESULT: APPROVED [UNANIMOUS] MOVER: Michael Pfeifer, County Judge SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syrna, Finster Page 11 of 16 09-11-18;16:05 ;From:Calhoun County JP4 To:5534444 FAX COVER SHEET September 11, 2018 FROM: Justice Court Pet. 4 Calhou County 103 W. Dallas Str A, P 0 ox 526 Seadrift Texas 77983 PHONE: 361-785-7082 FAX: 361-785-2. 79 TO: Susan Rile,v REF: MoneyDistribution Rely FAX: 361-553-4444 NOTE: The August 2018 relZo _is attached. Please give me a call if you have any questions_ Pages To Follow: 4 Including This Covers Thank you, Judge Wesley J Hunt 3617852179 # 1/ 4 N 09-11-18;16:05 ;From:Calhoun County JP4 To:5534444 ;3617852179 # 2/ 4 9/6/2018 COURT NAME: JUSTICE OF PEACE,NO. 4 MONTH OF REPORT: AUGUST YEAR OF REPORT: 2018 ACCOUNT NUMBER ACCOUNT NAME AMOUNT OR 1000-001-45014 FINES 1.278.60 OR 1000.001-44190 SHERIFF'S FEES 45.07 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 0. O CHILD SAFETY TRAFFIC 0. 14# 0 ADMINISTRATIVE FEES 10.po EXPUNGEMENT FEES 0.90 MISCELLANEOUS 0.0 OR 1000-001-44364 TOTAL ADMINISTRATIVE FEES 24.32 OR 1000.001.44010 CONSTABLE FEES-SERVICR 75.00 OR 1000-001.44064 JP FILING FEES 60.00 OR 1000-001.44090 COPIES / CERTIFIED COPIES 0.00 OR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 OR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 OR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 OR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 OR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 OR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 OR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 140.10 TOTAL FINES, ADMIN. FEES & DUE TO STATE $1,622.99 OR 2670-001-44064 COURTHOUSE SECURITY FUND $29.30 OR 2720-001.44064 JUSTICE COURT SECURITY FUND $9.77 OR 2719-001-44064 JUSTICE COURT TECHNOLOGY FUND $39.07 CR 2699-001-44064 JUVENILE CASE MANAGER FUND $38.84 STATE ARREST FEES DPS FEES P&W FEES 3.77 0. 0 TABC FEES 00 CR 7020-999-20740 TOTAL STATE ARREST F ES 3.77 OR 7070-999-20610 CCC-GENERAL FUND 40.07 OR 7070-999-20740 CCC-STATE 360.67 DR7070-999-10010 � 400.fi4 OR 7860-999-20610 STFISUBC-GENERAL FUND 7.16 CR 7860-999.20740 STF/SUBC-STATE I 135.91 DR 7860-999-10010 143. � 6 OR 7950-999-20610 TP-GENERAL FUND 72.11 CR 7950-999-20740 TP-STATE 72,11 DR 7950-999-10010 144.22 OR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 1 0.60 OR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 11.40 DR 7480-999.10010 12.00 Page 1 of 2 09-11-18;16:05 ;From:Calhoun County JP4 To:5534444 ;3617852179 # 3/ 4 9/6/2018 COURT NAME: JUSTICE OF PEACE NO, 4 MONTH OF REPORT: AUGUST YEAR OF REPORT: 2018 CR 7865.999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 1.95 CR 7865.999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 17.59 DR 7865-999-10010 19. 4 CR 7970-999-20610 TL/FTA-GENERAL FUND 20.00 CR 7970-999-20740 TUFTA-STATE 40.00 DR 7970-999-10010 60, 0 CR 7505-999-20610 JPAY- GENERAL FUND 5,86 CR 7505-999-20740 JPAY-STATE 62.76 DR 7505-999-10010 58.61 CR 7857-999-20610 JURY REIMB. FUND- GEN, FUND 1 3.91 CR 7857-999-20740 JURY REIMB. FUND- STATE 35,16 DR 7857-999-10010 39.17 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS: GEN FUND 0.07 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS: STATE 0.61 DR 7856-999-10010 1 0116 CR 7502-999-20610 JUD/CRT PERSONNEL TRAINING FUND- GEN FUN 0.00 CR 7502-999-20740 JUD/CRT PERSONNEL TRAINING FUND- STATE 0.00 CR 7998.999-20740 CR 7403.999-22889 REVISED 03104/16 DR 7502-999-10010 DR 7998-999-10010 DR 7403-999-10010 DUE TO OTHERS (D/strlbRegAffchd) CALHOUN COUNTY ISD DA - RESTITUTION REFUND OF OVERPAYMENTS OUT -OF -COUNTY SERVICE FEE CASH BONDS PARKS 8, WILDLIFE FINES WATER SAFETY FINES TOTAL (D/sfrlb Req to OperAcFt) $2,661.20 TOTAL COLLECTED -ALL FUNDS LESS: TOTAL TREASUER'S RECEIPTS $75,00 $2,736.20 $2,736.2G T) $0.00 Page 2 of 2 09-11-18;16;05 ;From:Calhoun County JP4 To:5534444 ;3617852179 # 4/ 4 CALHOUN COUNTY 201 West Austin DISTRIBUTION REQUEST DR# 480 A PAYEE PAYOR Name: Calhoun County Oper. Acct. official: Wesley Hunt Address: Title: Justice of th Ict. 4 City: State: Zip: Phone: ACCOUNT NUMBER DESCRIPTION I AAOUNT 1 7544.999.20759.999 IJP4 Monthly Collections - Distribution I IS2.661.20 I 661 �t it� / /� Signature of f al Date Calhoun County Commissioners' Court --September 19, 2018 14. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 14) To declare as Waste an Ice Machine w/bin and remove from the Port O'Connor Community Center Inventory. (KF) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pet 3 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 12 of 16 Kenneth W. Finster J County Commissioner County of Calhoun Precinct 4 September 13, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for September 19, 2018. • Discuss and take necessary action to declare Waste and ice machine w/bin and remove from the Port O'Connor Community Center Inventory, dispose of machine. Sincerely, A0Uz(W- �t�xdtw Kenneth W.Finster KWF/at Y.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncomorg — (361) 785-3141 — Fax (361) 785-5602 Calhoun County, Texas WASTE DECLARATION REQUEST FORM Department Name: PORT O'CONNOR COMMUNITY CENTER Requested By: APRIL TOWNSEND Inventory Number Description Serial No. Reason for Waste Declaration Manitowoc Ice Machine w/Bin Machine 990666706 Broken - Dispose of Machine & Bin Bin 990820210 Calhoun County Commissioners' Court —September 19, 2018 15. CONSIDER AND TAKE ACTION (AGENDA ITEM NO. 15) On any necessary budget adjustments. (MP) N/A Page 13 of 16 Calhoun County Commissioners' Court — September 19, 2018 16. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 16) To pre -approve expenditures by incumbent County or precinct officer(s) under County's Policy of Compliance with LGC 130.908. (MP) N/A Page 14 of 16 Calhoun County Commissioners' Court — September 19, 2018 17. APPROVAL OF BILLS AND PAYROLL. (AGENDA ITEM NO. 17) MMC BILLS RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster COUNTY BILLS RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster PAYROLL RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 15 of 16 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR -- September 19, 2018 TOTALS TO BE APPROVED - TRANSFERRED FROM ATTACHED PAGES TOTAL PAYABLES,`PAYROLL AND ELECTRONIC BANK PAYMENTS $ 619099.59 TOTAL TRANSFERS BETWEEN FUNDS $ TOTAL NURSING HOME UPL EXPENSES $ 419,884.79 i TOTAL INTER -GOVERNMENT TRANSFERS $ MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---September 19, 2018 PAYABLES AND PAYROLL 9/13/2018 Weekly Payables 246,345.13 9/17/2018 McKesson-340B Prescription Expense 2,603.75 9/1712018 Citibank Credit Card -see attached 2,087.37 9/17/2018 Payroll Liabilities (Payroll Taxes) 87,083.03 9/17/2018 Payroll 275,547.35 Electronic Bank Payments Prosperity Electronics Payments 9/10/2018 Credit Card & Lease Fees 3,967.69 9/17/2018 Sales Tax for August 2018 1,475.27 TOTAL PAYABLES,'PAYROLL AND ELECTRONIC BANK PAYMENTS TOTAL TRANSFERS BETWEEN FUNDS $ NURSING HOME UPL EXPENSES 9/17/2018 Nursing Home UPI 88,183.69 9/17/2018 Nursing Home UPI 169,690.25 9/17/2018 Nursing Home UPI 76,350.51 QIPP/INTEREST CHECKS TO MMC 9/17/2018 Ashford 35,509.60 9/17/2018 Golden Creek 24,323.42 9/17/2018 Fort Bend 14,853.58 9/17/2018 Solera 9,437.34 9/17/2018 Crescent 2,536.40 TOTAL NURSING HOME UPL EXPENSES $ 419884.79 j TOTAL INTER -GOVERNMENT TRANSFERS $ September 19, 2018 2018 APPROVAL LIST - 2018 BUDGET I COMMISSIONERS COURT MEETING OF BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 2 09/19/18 $161,355.90 AT&T MOBILITY A/P $ 138.27 CALHOUN COUNTY CERTIFCATE OF OBLIGATION REFIN. 2012 A/P $ 17.06 CALHOUN COUNTY CERTIFCATE OF OBLIGATION - SERIES 2010 A/P $ 13.15 CALHOUN COUNTY DRAINAGE DISTRICT NO. 8 A/P $ 0.01 CALHOUN COUNTY DRAINAGE DISTRICT NO. 10 A/P $ 0.01 CALHOUN COUNTY DRAINAGE DISTRICT NO. 11 A/P $ 1.02 CITIBANK A/P $ 8,462.97 FRONTIER COMMUNICATIONS I" � : •lA1�IIi)TTIfBI A/P $ 2,036.34 TOTAL VENDOR DISBURSEMENTS: $ 172,024.73 P/R $ 288,436.76 o foil l" n umy an A /�\t5 [�IH►'li 14��dtT II�I< ' TOTAL AMOUNT FOR APPROVAL: $ 460,461.49 OP O O� 0 r 0bv '.ZTo H mM Zinmn mZ mznmz 'mZn �xO�x77 m Zm �O 9yn>n >Onyn yOH o ;BOz O n O �z ��H Fy7� Px < Wr Wr lry lry o �q� 00000 z z o z y H o n F P a a ao �p m m m O O 0 o H oNo W w oNo b A A •• •• ,- •� ••• •.• w .. tp �O b b �O U Cf 0o w Oo 0o co w oo b .- b b b b b N V U U U U P V, U U U U U U P W CO GO M b b n N G n A Co A _ O O 0 J m N W O . p �O b b .O �O •O b b �O �p b b b b b �p �p �O b �O �p YJ �O R O O O O O O O O O O O O O O O O O O O O O O O O w w w w oo w w w w w w w w oo m w m w woo w w w w n Q2 mq 7 / r § ; } ; 00 7 2 ! �/ ( 2 Calhoun County Commissioners' Court —September 19, 2018 18. PUBLIC DISCUSSION OF COUNTY MATTERS. COURT ADJOURNED: 10:20 AM Page 16 of 16