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2007-07-26Regular July Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held July 26, 2007 BE IT REMEMBERED, that on this 26th day of July, A.D., 2007 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer County Judge Roger C. Galvan Commissioner, Precinct 1 Vem Lyssy Commissioner, Precinct 2 Neil E. Fritsch Commissioner, Precinct 3 Kenneth W. Finster Commissioner, Precinct 4 Wendy Marvin Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. APPROVAL OF MINUTES: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that the minutes of June 28, 2007 and July 12, 2007 meetings be approved as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. M0ih4,_eV7rf9fer Nd E. ritsc Coun Ju e tA Com ssioner, Precinct 3 / s� (.v . im ssion2raPr m Co 'm?inssMioner, Precinct 4 Vern Lyssy Wendy Marvin Commissioner, Precinc 2 Deputy County Clerk AWARD BID FOR FLY ASH, BOTTOM ASH, TOP WASH AND TOPPING FOR THE PERIOD BEGINNING JULY 26, 2007 AND ENDING DECEMBER 31, 2007: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to award the bid for Fly Ash, Bottom Ash, Top Wash and Topping to the lowest bidders for the period beginning July 26, 2007 and ending December 31, 2007. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. N O H U D O Ir �a z 00 U h 00 F- Oo U U GI Y Z 0 } 0 0 N U Z U W cc a O a O F- U 7 O K �a 0z 0 OF OU) 00 UU J 0 0 } 0 0 M N um C O H U O �a z 00 U F OU u� m W 0 0 a] J 0 0 } 0 0 ri 7 O m U H U 0 O IL IL �Z 0z 0 U� oif D oV ❑ m J z 0 0 N 0 o- M Q 3 s 0 H cm Q rma m F� 0 sc v 7� E m U 0 0 0 IL IL �Z z o2 UF- O::) LU m 00 UU O N J z O K } 0 0 C6 A a U F- U 0 0 �a z oa O F- OU F- M 0m 0 00 cl M J z O tt } 0 0 ro N U z U W of a m H U 0 0 IL �a z 00 U F- oU w m 00 UU 0 [0 J z O i� Y 0 0 m M U z U W a IL m a H U 0 0 �Z z 00 U F- om F- M m 00 U U m zz O 0 Y 0 0 m r. H U 0 0 EL �a z 00 U F- Om F- D CoLLJ 00 UU m v U z U W IL .M. P. 1 zz O 0 } O 0 c6 _, P. m r U 0 O K �a oz 0 OUU) LIJ � m OV 0 m zz O 0 K } 0 0 ro (A N U z U W a m P. m L) U 0 0 O �a z 00 U 1- Om hZ) Lu m 00 le R J z O 0 } 0 0 rn P. 0 m zz O ID K } to 0 of Fn u� U F- U 0 0 0 IL IL JZ OO U H om w ca m OV ¢7 J 0 O ❑ tr } 0 0 ro fA U Z U W a U F- U 0 w a JZ OU U F- o� W m OV J z O K } 0 06 N U Z U W w a hw gW m m 3 m J z O u �� rn F- U 7 O w a <Z 00 U F- oCO �-D In 0UU m J z O O K } 0 0 m vs a v F- U Z U W w d uw W m U H U 0 0 O a_ a J Z OO U F- oU) F- � CoLLJ 00 v F- U Z U W a r, CALHOUN COUNTY, TEXAS BID SHEET- IROAD MATERIALS I�liilQaB BID ITEM TOPPING INVITATION TO COLETO COAL COMBUSTION PRODUCTS DAVID WRIGHT PO BOX 100 FANNIN TX 77060 PERHD FROAk JULY 26, 2007 PEMM TO• DECEMBER 31, 2007 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST, THIRD FLOOR, ROOM 301, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID- TOyyING BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, JULY 19, 2007 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, JULY 26, 2007 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. SPECIFICATIONS: TOPPING Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. County representatives may sample material from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the product 7EPARTMENT- DEBT/NATION DEL/VERY Aw MT . PRECINCT 1 FAIRGROUNDS AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD I/_ 22 PRECINCT 3 OLIVIA AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD �i ery PRECINCT 4-P PORT O'CONNOR FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD PRECINCT 4S AREA SEADRIFT AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD • S� PRECINCT 2 SIX MILE AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD J Z. 0-0 The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other or Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. AUTHORIZED I PRINT NAME: PLEASE LIST ANY EXCEPTIONS TO THE ABOVE SPECFICATIONS: Friday, June 22,2007 BUDDER COLHO COAL COMUSTION PRODUCTS CALHOUN COUNTY, TEXAS BID SHEET- IROAD MATERIALS - I INVITATION TO 1111 BIDDER COLETO COAL COMBUSTION PRODUCTS DAVID MIGHT PO BOX 100 FANNIN TX 77860 BID ITEM ITOPWASH PERIOD FRONE JULY 26, 2007 PEBIOO TO: DECEMBER 31, 2007 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST, THIRD FLOOR, ROOM 301, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID- TOP wasR BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, JULY 19, 2007 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, JULY 26, 2007 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS W EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. ----------------------------------------------- SPECIFICATIONS: TOP WASH Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. County representatives may sample material from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the product DEPARTMENT.- DEBT/NADEL/VERY A MW AW PRECINCT 1 FAIRGROUNDS AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD /}-0 PRECINCT 3 OLIVIA AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD PRECINCT 4-P PORT O'CONNOR FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD AREA PRECINCT 4S SEADRIFT AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD 42O • '�—v PRECINCT 2 SIX MILE AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD + (f9 The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other or Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. AUTHORM SIGNATURE TALE PMT NAME { Aur-) f�: ri,6 �77DATE OF Be: i x PLEASE LIST ANY EXCEPTIONS TO THE ABOVE SPECHATIONS: Friday, June 22,2007 BMDER COLEI000ALCONMUSTI]INPRODICT3 CAIROUN COUNTY, TEXAS BID SHEET- IROAD MATERIALS INVITATION TO 1111 BIDDER COLETO COAL COMBUSTION PRODUCTS DAVID WRIGHT PO BOX 100 FANNIN TX 77060 BID ITEM 1BOTTOM ASH P=LRDNE JULY 26, 2007 PEHIOO TIE DECEMBER 31, 2007 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST, THIRD FLOOR, ROOM 301, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID- IsoTroMASH BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, JULY 19, 2007 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, JULY 26, 2007 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. SPECIFICATIONS: BOTTOM ASH Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. County representatives may sample material from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the product DEPARTM'ENr. DESTINATION DELIVERY PRECINCT 1 FAIRGROUNDS AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD pp_ PRECINCT 3 OLIVIA AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD PRECINCT 4-P ,7q• PORT O'CONNOR FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD AREA 3� Y� PRECINCT 42 SEADRIFT AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD PRECINCT 2 SIX MILE AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD IIb The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other or Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. PRINT NAME . t DATE OF BIO: TELEPHONE Ii PLEASE LIST ANY EXCEPTIONS TO THE ABOVE SPECIFICATIONS: Friday, June 22, 2007 RIDER COLITO COAL COISUSTION PRODUCTS CALHOUN COUNTY, TEXAS BID SHEET- IROAD MATERIALS -� INVITATION TO BID BIDDER COLETO COAL COMBUSTION PRODUCTS DAVID WRIGHT PO BOX 100 FANNIN TX 77060 BID ITEM IRY ASH I PEW FOR* JULY 26, 2007 PERIOD T0: DECEMBER 31, 2007 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL J PFEIFER, CALHOUN COUNTY JUDGE, 211 S ANN ST, THIRD FLOOR, ROOM 301, PORT LAVACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID- IFLYASH BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, JULY 19, 2007 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, JULY 26, 2007 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. ----------------------------------------------- SPECIFICATIONS: FLY ASH Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. County representatives may sample material from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the product DEPARTMENT• DESTINATION DELIVERY Aw M AW PRECINCT I FAIRGROUNDS AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD PRECINCT 3 OLIVIA AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD G PRECINCT 4•P PORT O'CONNOR FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD AREA PRECINCT 4-S SEADRIFT AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD PRECINCT 2 SIX MILE AREA FOB DESTINATION; SEE ATTACHED SPECIFICTIONS YARD The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other or Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. AUTHORU B SIGNATURE TITLE ?rr PRNT NAME ZZAV )d DATE OF BIO: P TELEPHONE N BER . ?&U- Z2 a Lid 3 PLEASE LAST ANY EXCEPTIONS TO THE ABOVE SPECIFICATIONS: Friday, June 22, 2007 DOER COLETO COAL COMUSTION PRODUCTS MEMORIAL MEDICAL CENTER— MONTHLY FINANCIAL REPORT: Jamie Jacoby presented the Memorial Medical Center monthly financial report for the month of June 2007; Chief Financial Officer also present from Memorial Medical Center was Buzz Currier, Hospital Administrator. MEMORIAL MEDICAL $i CENTER 815 N. Virginia Street Port Lavaca, TX 77979 (361) 552-6713 CFO REPORT JULY 2007 The financial condition of the hospital continues to be good, with a positive outlook for the near future. June represents the half way point in our fiscal year. The year is shaping up to be a successful one for Memorial Medical Center. Our gross revenues at the mid- point of the year are $21,500,000, with net revenues in excess of $11,000,000. Our bottom line at this point is $180,000. There are also elements in place to further strengthen the financial position before year end; the dialysis unit will be sold, eliminating a financial loser as well as adding cash, and the payment adjustments for the recently filed cost report will create increased reimbursement for Medicare patients. CASH Cash decreased during June by $284,914 to end the month with a cash balance of $2,709,317. This represents 48 days of cash on hand. RECEIVABLES Receivables increased during June by $168,786. The days of revenue in gross patient receivables are just over 45. CURRENT LIABILITIES Current liabilities decreased by $318,874 during the month. CURRENT RATIO The current ratio at June 30 was 2.99:1. REVENUES Revenues for June were $3,752,718. This is above budget year-to-date by $1,450,292, and exceeds the prior year. Net revenues are $1,933,057. Medicare contractual adjustments exceed budget year-to-date by$1,302,127. Expenses for June were $1,750,513 which exceeds budget. Year-to-date expenses are over budget by $387,470. NET The net operating gain for June was $182,554, and year-to-date gain of $738,499; and the net gain after depreciation was $90,076, and year-to-date gain of $179,882. Matthew Torres, who has been IT Director since January 2004, resigned effective June 29. Bart Strauss, who has been our IT Specialist, has been promoted to replace him. We have every confidence in Mr. Strauss' ability to manage the job. We are currently in the process of seeking a replacement for the IT Specialist position. Respectfully submitted, J1i acoby, CPA Chief mancialOfficer MEMORIAL MEDICAL CENTER GRAPHIC BALANCE SHEET CASH 2006-2007 $4,000,000 $3,000000 $2.000,000 0 $1.000,000 $0 . . . 1'1 lt4 t. ctT 4t MONTH 7 az I" RR V ............ N, "HWORNA NOW INVENTORIES 2006-2007 $700,000 $600,000 $500,000 < $400,000 0 $300,000 'lg $200,000 $100,000 N $0 % MONTH %, b MONTH PLANT AND EQUIPMENT 2006-2007 $7,000,000 $6,000.000 $5,000,000 < $4,000 '0 0 0 0 $3,000000 o $2,000.000 $1,000 000 $0 LONG-TERM LIABILITIES 2006-2007 $1,000,000 $800,000 g" Ic $600,000 0 $200,000 Tf $0 .tp "o, MONTH 20_06--_0—_2_0_077 'Z+ -Z -kb % cb, 4a� 4 ACCOUNTS RECEIVABLE 2006-2007 $5.000,000 $4,000.000 $3,000,000 $2,000,000 $1.000.000 $0 le Ile, ol 19 'IV MONTH $400,000 CURRENT LIABILITIES 2006-2007 $3.500,000 $3.000,000 $2.5)01000 < $2.000000 $1,500000 0 $1,000000 $0 MONTH 0 $500000 000 MEMORIAL MEDICAL CENTER GRAPHIC PROFIT AND LOSS STATEMENT INPATIENT REVENUE 2006.2007 $1 200 000 $1 000 000 $600 000 $600 000 J $400 000 $200 000 $0 "k 1i'zw`4 *4, 4?4t�Ao MONTH 2006 t 2007 +vS V,`U3M SQsSy � �vZ.a1t .$"W REVENUE DEDUCTIONS 2006-2007 $2 000 000 �$ J $1 000.000 JO O $500 000 i $0 MONTH 2006 i-2007 OPERATING EXPENSE 2006 2007 $z 000 000 $i 500 000 ; y m JO O $500,00) MONTH 2006--�-2007 NET GAIN(LOSS) 2006-2007 $a0o 000 $300 000 $200 000 $100000 5 $o G ($100.00)) ($200,000) ($300 00)) ($a00,000) MONTH 2006—E-2007 .KV ai. '4 �g 22YVY � rq �i �4s� OUTPATIENT REVENUE 2006-2007 $3,000,000 $2,500,000 ¢ $2,000,000 g $1,500,000 0 $1,000,000 $500,000 $o "sa'yy "Zk `rz4,.4>L 4q, MONTH 2006 t 2007 OTHER REVENUE 2006-2007 $80,000 $70,000 $60,000 K $50,000 � $40,000 O $30,000 O $20,000 $10,000 Bey �'g yYP'g9t NON -OPERATING EXPENSE 2006-2007 $140,000 $120,000 K $100,000 MONTH 2006 i-2007 REVENUE &EXPENSE 2006-2007 $2,250,000 x, a $1,750,000 $1,000,000 �✓SE�'�^",nu �s l-v.: .=st�'v=. "1§M-YNa'4r gz`§,%.11'v149.1 gYro> MONTH REVENUES tEXPENSES MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY JUNE 30, 2007 NET GAIN\(LOSS) YTD CHANGE IN INVESTMENT: Accounts Receivable- (Incr) Deer Current Liabilities- Incr(Decr) Prepaid Expense- (Incr) Deer Inventory (Incr) Deer Long Term Liabilities Incr (Deer) TOTAL INVESTMENT CHANGE (INCR) DECR PLUS: Depreciation Total Cash- Incr (Deer) LESS: Equipment Purchases NET CASH- INCR (DECR) (705,554) 773,165 (19,288) (24,737) (14,871) 179,881 8,715 558,617 747,213 747,213 (47, 979) 699,234 1 MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT JUNE 30, 2007 YTD YTD YTD REVENUE CONTRACTUAL WRITE-OFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT WILLIAM, G.A. 145,775.58 473,793.16 62,988.71 33,165.52 377,638.93 80% LIN,M.S. 151,797.28 888,376.41 384,630.08 62,186.35 441,559.98 50% WRIGHT 5,683.98 23,455.40 10,529.93 1,641.88 11,283.59 48% MCFARLAND, T.R. 340,396.40 1,680,131.96 520,106.61 117,609.24 1,042,416.12 62% GRIFFIN, JEANNINE 17,594.60 126,081.67 6,049.50 8,825.72 111,206.46 98% BUNNELL,D.P. 357,375.52 2,076,181.12 1,105,280.40 145,332.68 825,568.04 40% NIRATSUWAN 142,658.36 725,074.03 192,211.65 50,755.18 482,107.20 66% ARROYO-DIAZ, R. 133,594.18 900,746.43 353,367.11 63,052.25 484,327.07 54% CROWLEY, W 319,514.63 2,151,852.30 678,228.53 150,629.66 1,322,994.11 61% CUMMINS,M. 51,503.93 216,796.62 17,661.43 15,175.76 183,959.43 85% RUPLEY, M. 13,718.27 125,547.93 10,963.45 8,788.35 105,796.12 84% LEE, J 172,334.17 810,518.21 237,975.21 56,736.27 515,806.72 64% LE,NHI 25,026.33 256,608.47 92,520.19 17,962,59 146,125.69 57% SHAFFER, C. 59,203.44 391,610.99 150,269.02 27,412.77 213,929.20 55% STEINBERG,R. 15,884.01 75,701.50 12,187.90 5,299.11 58,214.50 77% RAMOS LABORATORY 2,729.77 16,105.06 0.00 1,127.35 14,977.70 93% VISITING PHYSICIANS 654,604.11 3,623,912.07 1,313,115.38 253,673.84 2,057,122.84 57% ERPHYSICIANS 987,508.90 5,363,785.95 961,668.14 375,465.02 4,126,652.79 77% NO LOCAL PHYSICIAN 1,674.71 3,653.06 110.73 255.71 3,286.62 90% OTHER 154,140.15 1,556,155.06 242,689.17 75,785.53 1,237,680.36 80% TOTAL 3,752,718.31 21,486,087.39 6,252,553.14 1,470,880.79 13,762,653.46 64% 3 0 MEMORIAL MEDICAL CENTER BALANCE SHERI 07/16/07 04:50 PM AS OF: 06/30/07 THIS YEAR LAST YEAR LAST MONTH 06/30/07 06/30/06 05/31/07 CURRENT ASSETS CASH OPERATING FUND 89,185.41 2,959,051.64 374,154.64 CERTIFICATE OF DEPOSIT 2,600,000.00 .00 2,600,000.00 IMPREST CASH ACCOUNT 5,000.00 5,000.00 5,000.00 PETTY CASH 625.00 625.60 625.00 MMP BOND PROCEEDS .00 .00 .00 MMP HOSPITAL PORTION .00 .00 .00 RESTRICTED DONATION 14,460.51 14,208.73 14,405.02 MMP BOND SINKING FUND/INTEREST 36.21 36.21 36.21 TOTAL CASH .............................. 2,709,307.13 2,978,921.58 2,994,220.87 ACCOUNTS RECEIVABLE PATIENT ACCOUNTS RECEIVABLE 5,387,494.80 4,641,025.54 5,226,115.15 ALLOWANCE FOR BAD DEBT (2,138,046,63) 11,976,529.63) (2,138,046.63) PLAZA SPECIALTY CLINICS RECEIVABL 420.20 420.20 420.20 MISC ACCOUNTS RECEIVABLE 156,998,01 140,930.67 149,591.72 THIRD PARTY RECEIVABLE 947,469.31 57,588.99 947,469.31 TIF GRANT .00 .00 .00 TOTAL ACCOUNTS RECEIVABLE ............... 4,354,335.69 2,863,435,77 4,195,549.75 INVENTORIES RADIOLOGY --FILM 2,659.05 814.67 2,153.90 LABORATORY 96,096.66 96,040.31 107,296.06 CENTRAL SUPPLY 177,928.32 78,948.30 100,603.63 SURGERY 115,889.77 106,727.39 115,889.77 DIETARY 12,220,62 11,152.76 12,220.62 MAINTENANCE 3,659.22 4,119.94 3,659.22 PHARMACY 199,247.34 172,162.67 199,247.34 TOTAL INVENTORY .......................... 608,500.98 469,066.04 621,070.54 PREPAID EXPENSES PREPAID INSURANCE 13,829.65 70,492.64 7,881.02 PREPAID EXPENSES 93,273.00 31,650.69 109,874.85 TOTAL PREPAID EXPENSES .................. 107,102.65 102,143.33 117,755.87 TOTAL CURRENT ASSETS .................... 7,779,246.45 6,413,566.72 7,918,597.03 _____________ PROPERTY, PLANT, 8 EQUIPMENT LAND 32,142.60 32,142.60 32,142.60 BUILDINGS 8,930,984.07 0,871,116.87 8,930,984.87 FIXED EQUIPMENT 3,278,527.41 3,278,527.41 3,278,527.41 MAJOR MOVABLE EQUIPMENT 9,626,255.24 10,237,326.56 9,626,255.24 MEMORIAL MEDICAL PLAZA 900,501.27 900,501.27 900,501.27 REPORTABLE BOND ISSUARNCE COST .00 .00 .00 CONSTRUCTION IN PROGRESS .00 .00 .00 LESS: ACCUMULATED DEPRECIATION (18,413,600.60) (17,866,114.451 118,321,132.88) TOTAL PROPERTY, PLANT, S EQUIP 4,354,810.79 5,453,500.26 4,447,278.51 TOTAL UNRESTRICTED ASSETS .............. 12,134,057.24 2 MEMORIAL MEDICAL CENTER BALANCE SHEET 07/16/07 04:50 PM AS OF: 06/30/07 THIS YEAR LAST YEAR LAST MONTH 06/30/07 06/30/06 05/31/07 CURRENT LIABILITIES ACCOUNTS PAYABLE 213,112.60 329,785.52 441,130.48 ACCRUED PAYABLES 199,660.19 83,441.03 236,955.89 ACCRUED PAYROLL 569,913.82 426,719.52 505,953.80 ACCRUED RETIREMENT 36,118.51 36,109.40 36,118.39 ACCRUED STATE SALES TAX 783.14 (355.54) 5.32 THIRD PARTY PAYABLES .00 .00 .00 RETENTION -CONSTRUCTION IN PROGRES .00 .00 .00 UNEARNED INCOME INDIGENT HEALTH 1,016,659.53 .00 1,008,624.82 ACCRUED VACATION/HOLIDAY/SICK 336,496.45 292,330.45 336,496.45 CAPITAL LEASES OBLIGATION 260,423.65 373,560.39 276,757.09 MMP BONDS .00 .00 .00 REPORTABLE BOND DISCOUNT .00 .00 .00 HOSP OBLIGATION FOR BONDS .00 .00 .00 TOTAL CURRENT LIABILITIES ............... --------------- 2,603,167.89 --------------- 1,541,596.77 --------------- 2,922,042.24 LONG TERN LIABILITIES MMP BONDS .00 .00 .00 LONG TERM LEASE 122,155.56 670,483.00 125,175.61 TOTAL LONG TERM LIABILITIES ............. --------------- 122,155.56 --------------- 670,483.00 --------------- 125,175.61 TOTAL LIABILITIES ....................... 2,725,323.45 2,212,079.77 3,047,217.85 RETAINED EARNINGS GENERAL FUND BALANCES 9,228,852.49 9,160,281.04 9,228,852.49 YEAR-TO-DATE GAIN/LOSS 179, 801.30 _______________ 512,439.17 _______________ 89,805.20 _______________ TOTAL GENERAL FUND BALANCE .............. 9,408,733.79 9,672,720.21 9,318,657.69 TOTAL UNRESTRICTED LIABILITIES.......... 12.134.057.24 11,884,799.98 12,365,875.54 RESTRICTED FUND ASSETS MEMORIAL FUND 18,182.55 17,865.08 18,112.58 FORMOSA TRUST 533,637.41 --------------- 533,637.41 533,637.41 --------------- TOTAL RESTRICTED FUND ASSETS............ 551,819.96 --------------- 551,502.49 551,749.99 RESTRICTED FUND LIABILITIES RESTRICTED FUND BALANCE 18,182.55 132.08 18,112.58 FORMOSA TRUST BALANCE 533,637.41 533,637.41 533,637.41 TOTAL RESTRICTED FUND LIAR .............. --------------- 551,819.96 --------------- 533,769.49 --------------' 551,749.99 5 Operating Revenue Inpatient Revenue: Medicare Medicaid Other Total lP Revenue YTO I Revenue Variance Outpatient Revenue Medicare Medicaid Other Total OP Revenue YTD OP Revenue Variance Total Operating Revenue YTD Total Revenue Variance Revenue Deductions Medicare Cont. Adj. Medicare Pass-thru Medicaid Cont. Adj. IndigenttCharity Cont. Adj. Bad Debt Expense Other Deductions Total Rev Deductions MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 6 Months Ending June 30, 2007 ----- SINGLE MONTH -- -•-- - Current Budget Prior Year 517,151 503,096 545,980 125,803 121,208 142.205 435,089 258,728 253,696 1,078,043 883,032 941,881 961,723 1,136,805 931,440 114,625 329,334 171,060 1,598,328 990,129 1,287,091 2,674,676 2,456,267 2,389,591 3,752,718 3,339,299 3,331,472 (1,037,546) (781,771) (760,843) 45,330 21,667 36,571 (167,355) (237.930) (184,538) (202,856) (142,758) (128,198) (226,054) (200,541) (122,919) (251,194) (210,738) (180,428) Deducts as % of Oper Revenue Payments as % of Oper Revenue Other Revenue Cafeteria Sales Interest Income Interest from Bonds Interest from Hosp Portion Mall Rental Miscellaneous Income Total Other Revenue Net Revenue (1,839,675) (1,552,073) (1,340,353) ------ YEAR TO DATE - ---------- Current YTD Budget YTD Prior YTD 3,329,315 3,018,576 3,078,837 825,454 727,246 636.151 - 1,817.342 1,552,370 1,507,599 5,972,111 5,298,193 5,222,587 673,918 F 749,524 6,159,160 6,820,828 5,581,446 704,252 1,976, 003 1,198,365 8,650,565 5,940,772 7,529,627 15,513,977 14,737,603 14.309,438 776,374 1,204,539 21,486,088 20,035,796 19,532,025 1,450,292 1,954,063 (6,045,947) (4,690,627) (4,441,301) 281,097 130,000 221,629 (1,358,048) (1,427,582) (1,238,633) (674,471) (856.550) (848,007) (1,470,881) (1,203,248) (1,115,540) (1,346,315) (1,264,430) (1,252,101) (10,614.564) (9,312,437) (8,673,954) 50.7156 47.13°b 45.549A 52.875 54.46% 49.29% 8,742 8,333 9,550 51,227 50,000 52,969 6,448 3,600 3,723 48,100 21,600 22,128 55 0 17 144 0 105 0 0 0 0 0 0 0 0 55 212 0 115 4,767 12,167 6,688 43,210 73,000 64,388 20,013 24,100 20,033 142,893 144,600 139,704 1,933,057 1,811,327 2,011,152 11,014,416 10,867,959 10,997,775 Page -1 MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 6 Months Ending June 30, 2007 ----------- SINGLE MONTH -- -------- Current Budget Prior Year Operating Expense Salaries 741,590 681,815 666,364 Employee Benefits 274,554 178,147 214,478 Professional Fees 218,147 229,047 267,616 Plant Operation 43,759 70,898 61,893 Hospital General 45,615 29,896 46,186 Other Operating Expenses 426,849 458,214 490,084 Total Operating Expense 1,750,513 1,648,018 1,746,620 Net Operating Gain/(Loss) 182,544 163,309 264,532 Non -Operating Expense Depreciation 92,468 105,833 117,058 Cost Report Settlement 0 0 0 Contribution to County 0 0 0 Total Non -Operating Expense 92,468 105,833 117,058 Total Operating Gain/(Loss) 90,076 57,475 147.474 County Subsidy 0 0 0 Net Gain/(Loss) after Subsidy 90,076 57,475 147,474 ------- YEAR TO DATE - ----------- Current YTD Budget YTD Prior YTD 4.214,971 4,090,889 3,918,471 1,368,081 1,068,881 1,062,131 1,336,990 1,374,283 1,432,544 315,958 425,390 412,668 183,323 179,379 209,847 2,856,594 2,749,626 2,802,707 10,275,917 9,888,447 9,838,367 387,470 437,550 738,499 979,512 1,159,408 558,617 635,000 646,970 0 0 0 0 0 0 558,617 635,000 646,970 179,882 344,512 512,438 0 0 0 179,882 344,512 512,438 Page -1- 7 w W Z W U J U_ CW G Q LL. O 2 W 2 w J m w n w c w N � M zw Z U � Q LL ILo oa 0 Z 0 Q M M M r M (O M J �7N�(O O I,-NN� (MOO r N M M � co � VM' (V r (O M M M M r M "r M O M M M O W M(N O) ( N N OODD (Op m r M M O 0 V 0 N r [t (O Lu W (N O (O M O M V o r o q M M M CD MMNcr) (orr rl(n O O Ih <r r 0 M (() r- (D V M (MO N rn to M r, M M M I-M LoM I,M (o(00rrND7M(DO) NN O M r r N r I,- N I` r O 0 V (MO 0 M r r N (D 0) M O M OD M r M r M m M M 00NM I`Nr(OO N00 0 r(;) N r r d' N r (M co r 0 M r OD (O N (O N co N N � M W M r M r M M M a Q7 M M O r r N O) M W MU') O)(O 0 01� 0 (O I�7 N N M(O r I1- 0 r (6 07 N o (O N (O N r N CO J C C¢ C C C WNN L<- o U U U U U < UIL L V0..�dQd W L W L t� JIL U m d co v V y T W 0 Q c C_ c c ca Lo, MEMORIAL MEDICAL CENTER PATIENT STATISTICS JUNE 2007 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE PATIENTS ADMITTED 128 109 705 717 ADMISSIONS FROM ER 26 20 164 128 AVERAGE LENGTH OF STAY 3.43 4.35 3.58 3.70 PATIENT DAYS OF SERVICE 439 474 2,527 2,655 PERCENT OF OCCUPANCY* 58.53% 63.20% 55.85% 58.67% AVERAGE DAILY CENSUS 14.63 15.80 13.96 14.67 MAXIMUM ON ANY ONE DAY 20 21 25 23 MINIMUM ON ANY ONE DAY 7 8 5 4 ADJUSTED PATIENT DAYS 1,528 1,677 9,075 9,949 SWING BED ADMISSIONS 0 9 11 25 SWING BED DAYS 0 63 79 183 ICU PATIENTS ADMITTED 23 26 155 193 ICU PATIENT DAYS 40 69 398 448 OB'S ADMITTED 17 16 78 81 OB DAYS OF SERVICE 34 36 167 179 PEDIATRIC ADMISSIONS 1 2 16 7 PEDIATRIC DAYS OF SERVICE 2 4 31 20 NEWBORNS FOR MONTH 16 15 57 71 AVERAGE LENGTH OF STAY 1.88 2.27 2.11 2.08 DAYS OF SERVICE 30 34 120 148 MEDICARE PATIENTS ADMITTED 64 56 355 377 AVERAGE LENGTH OF STAY 4.03 5.50 4.49 4.52 DAYS OF SERVICE 258 308 1,593 1,704 MEDICAID PATIENTS ADMITTED 15 19 108 113 DAYS OF SERVICE 36 55 280 281 DEATHS 6 5 28 20 AUTOPSIES 1 0 1 0 SURGERY: INPATIENT PROCEDURES 14 10 58 67 OUTPATIENT PROCEDURES 98 125 492 652 CESAREAN SECTIONS** 3 6 14 25 TOTALS 115 141 564 744 *Based on 25 beds 9 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE OUTPATIENT VISITS 1,327 1,765 7,611 10,660 EMERGENCY ROOM VISITS 823 718 5,072 4,559 TOTALS 2,150 2,483 12,683 15,219 LABORATORY: INPATIENT PROCEDURES 6,307 4,498 27,039 25,753 OUTPATIENT PROCEDURES 20,281 18,882 96,300 111,692 TOTALS 26,588 23,380 123,339 137,445 RADIOLOGY INPATIENT PROCEDURES 94 99 663 586 OUTPATIENT PROCEDURES 787 600 4,990 4,030 BONE DENSITY 38 23 167 155 NUCLEAR MEDICINE 95 59 371 623 ULTRASOUNDS 162 153 927 947 CT SCANS 240 252 1,364 1,442 MAMMOGRAPHY 109 62 650 492 MRI 109 115 691 702 TOTALS 1,634 1,363 9,823 8,977 IV SOLUTIONS DISPENSED 1,472 1,390 6,794 7,144 DRUGS DISPENSED 10,399 11,920 65,076 54,528 HIGH COST DRUGS DISPENSED 1,993 2,312 12,129 6,203 TOTALS 13,864 15,622 83,999 67,875 RESPIRATORY THERAPY: INPATIENT PROCEDURES OUTPATIENT PROCEDURES STRESS TESTS EKGS EEGS TOTALS PHYSICAL THERAPY: INPATIENT PROCEDURES OUTPATIENT PROCEDURES HOME HEALTH VISITS TOTALS 1,123 1,568 8,595 11,938 395 551 3,021 4,195 11 4 40 71 182 180 1,208 1,154 1 4 19 18 1,712 2,307 12,883 17,376 251 362 1,452 1,724 1,622 2,490 10,451 14,716 83 107 687 710 1,956 2,959 12,590 17,150 10 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE HOME HEALTH CARE: MEDICARE VISITS 666 767 4,412 4,703 OTHER VISITS 12 29 112 103 ST/SS 0 3 1 5 TOTALS 676 799 4,525 4,811 DIETARY MEALS SERVED TO PATIENTS 1,319 1,585 7,845 8,863 MEALS SERVED IN CAFETERIA 3,470 4,018 19,988 22,519 TOTALS 4,789 5,603 27,833 31,382 DIETITIAN CONSULTS COST PER PATIENT DAY W/O DEPR 3,986.43 3,684.85 4,066.26 3,705.60 INCOME PER PATIENT DAY 4,403.32 4,242.94 4,358.69 4,142.29 BREAKEVEN W/O DEPRECIATION 13.10 13.41 12.96 12.94 AVERAGE DAILY CENSUS 14.63 15.80 13.96 14.67 PATIENTS ABOVE / BELOW BREAKEVEN 1.53 2.39 1.00 1.73 COST PER ADJ. PT. DAY W/O DEP. 1,145.18 1,041.79 1,132.28 1,493.60 INCOME PER ADJ. PT. DAY 1,264.94 1,199.57 1,213.71 1,669.62 11 6 MEMORIAL MEDICAL CENTER DEPARTKUTAL INCOME STATEMENT FOR THE 6 MONTHS MING 06/30/07 --------- S I N G L E M O N T H ---------- ACTUAL BUDGET $ VARIANCE 4 VAR OB NURSING STATION REVENUE 07/16/07 04:50 PM ----------- Y E A R T O ➢ A T E ----------- ACTUAL BUDGET $ VARIANCE s VAR ROUTINE REVENUE 16,672.00 11,816.42 4,855.58 41.09 83,106.25 70,898.52 12,207.73 17.21 TOTAL REVENUE. 16,672.00 11,816.42 4,055.58 41.09 83,106.25 70,B98.52 12,207.73 17.21 EXPENSES SALARIES 27,986.88 28,302.34 315.46 1.11 165,478.61 169,813.96 4,335.35 2.55 OTHER EXPENSES 15,876.15 6,623.50 (9,252.651 1139.69) 54,738.89 40,091.00 (14,707.89) (36.681 TOTAL EXPENSES 43,063.03 34, 925. 84 (8,937.19) (25.58) 220,217.50 209,904.96 (10,372,54) (4.94) NET GAIN/(LOSS -------------- (27,191.03) ------------- (23,109.42) -------------- (4,081.61) (17.66) -------------- 1137,171.25) -------------- (139,006.44) __-_---------. 1,835.19 1.32 NED/SURG NURSING STATION REVENUE ROUTINE REVENUE 175,OB5.00 135,221.67 39,863.33 29.47 969,900.00 811,330.02 158,569.98 19.54 TOTAL REVENUE. 175,085.00 135,221.67 39,863.33 29.47 969,900.00 811,330.02 158,569.98 19.54 EXPENSES SALARIES 100,216.12 85,105.33 (15,110.79) (17.75) 542,086.14 510,631.98 (31,454.16) (6.15) OTHER EXPENSES 26,720.08 24,036.83 (2,683.25) (11.16) 132,841.74 144,210.94 11,369.20 7.88 TOTAL EXPENSES 126,936,20 109,142.16 (17,794.04) (16.30) 674,927.88 654,842.92 (20,084.96) (3.06) ______________ NET GAIN/(LOSS 48,148.80 _____________ 26,079.51 ______________ 22,063.29 84.62 -------------- 294,972.12 -------------- 156,487.10 _______--__-_- 138,485.02 88.49 ICU NURSING STATION REVENUE INPATIENT REVENU 61,100.00 82,019.42 (20,919.42) (25.50) 487,500.00 492,116.52 (4,616.52) (.93) OUTPATIENT REVEN .00 274.33 (274,33) (100.00) 1,300.00 1,645.98 (345.90) (21.01) TOTAL REVENUE. 61,100.00 82,293.75 121,193.75) (25.75) 488,800.00 493,762.50 (4,962.50) (1.00) EXPENSES SALARIES 62,077.36 48,166.50 (13,510.86) (28,88) 310,731.30 288,999.00 (21,732.30) (7.51) OTHER EXPENSES 14,446.12 17,764.17 3,318.05 18.67 88,202.81 106,585.02 18,382.21 17.24 TOTAL EXPENSES 76,523.48 65,930.67 (10,592.81) (16.06) 398,934.11 395,584.02 (3,350.09) (.84) ______________ NET GAIN/(LOSS (15,423.48) _____________ 16,363.08 ______________ (31,786.56) (194.25) -------------- 89,865.89 -------------- 98,178.48 _____--_-_____ (0,312.59) (8.46) NURSERY HORSING STATION REVENUE ROUTINE REVENUE 22,25B.75 7,699.92 14,568.83 109.45 88,981.50 46,139.52 42,841,98 92.85 TOTAL REVENUE. 22,258.75 7,689.92 14,568.83 189.45 88,981.50 46,139.52 42,B41.98 92.85 EXPENSES SALARIES 11,082.49 9,488.75 (1,593.74) (16.79) 69,589.14 56,932.50 (12,656.64) (22.23) OTHER EXPENSES 4,095.42 2,547,92 (1,547.50) (60.73) 12,008.79 15,287.52 3.278.73 21.44 TOTAL EXPENSES 15,177.91 12,036.67 (3,141.24) (26.09) 81,597.93 72,220.02 _--.__.___--_ (9,377.91) (12.98) -------------- NET GAIN/(LOSS 7,090.84 ___________ (4,346.75) _____________ 11,427.59 262.89 -------------- 7,383.57 (26,080.501 33,464.07 128.31 12 ACTUAL SURGERY AM RECOVERY ROOM REVENUE INPATIENT REM 38,305.75 OUTPATIENT REVEN 140,212.75 TOTAL REVENUE. 178,519.50 EXPENSES SALARIES 50,757.45 LEASE AND RENTAL 711.00 OTHER EXPENSES 26,679.94 TOTAL EXPENSES 78,148.39 -------------- NET GAIN/ILOSS 100,370.11 SWING BED REVENUE ROUTINE REVENUE .00 TOTAL REVENUE. .00 EXPENSES SALARIES .00 OTHER EXPENSES .00 TOTAL EXPENSES .00 -------------- NET GAIN/REVEN .00 OBSERVATION REVENUE REVENUE INPATIENT REM 2,600.00 OUTPATIENT REVEN .00 TOTAL REVENUE. 2,600.00 LABOR AND DELIVERY REVENUE INPATIENT REVERE 72,575.50 OUTPATIENT REVEN 10,792.25 TOTAL REVENUE. 83,367.75 EXPENSES SALARIES 10,078.83 OTHER EXPENSES 1,015.97 TOTAL EXPENSES 11,094.00 -------------- NET GAIN/(LOSS 72,272.95 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/07 S I N G L E M 0 N T H---------- ------------ Y E A R T O ➢ A T E ------------ BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE & VAR 34,515.26 3,790.49 10.98 159,593.55 207,091.56 (47,498,01) 122.93) 120,510.31 19,702.44 16,34 672,445.20 723,061.86 (50,616,66) (7.00) 155,025.57 23,492.93 15.15 832,038.75 930,153.42 (98,114.67) (10.54) 44,139.33 (6,618.12) (14.99) 283,284.61 264,835.98 (18,448.63) (6.96) 37.50 (673.50) (1736.00) 4,681.75 225.00 (4,456,75) (1980.77) 27,389.99 710.05 2.59 171,377.21 164,339.94 (7,037.21) (4.28) 71,566.82 ------------- 16,581.57) -------------- (9.19) 459,343.57 429,400.92 (29,942.65) 16.97) 83,458.75 16,911.36 20.26 -------------- 372,695.18 500,752.50 (128,057.32) (25.57) 2,682.75 (2,682.75) (100.00) 12,250.00 16,096.50 13,846.50) (23.89) 2,682.75 (2,682.75) (100.00) 12,250.00 16,096.50 (3,846.50) (23.89) .00 .00 .00 (4.10) .00 4.10 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 (4.10) .00 4.10 .00 ------------- 2,682.75 -------------- (2,682.75) (100.00) 12,254.10 16,096.50 ----------- (3,842.40) (23.97) 3,374.25 (1,374.25) (34.57) 15,340.00 23,845.50 (8,505.50) (35.66) 363.59 (363.59) (100.06) 6,500.00 2,181.54 4,318.46 197.95 4,337.84 (1,737,841 (40.06) 21,840.00 26,027.04 (4,1B7.04) (16.08) 5,000.00 67,575.50 1351.51 274,314.75 30,000.00 244,314.75 814.38 541.67 10,250.58 1892.40 50,289.50 3,250.02 47,039.48 1447.35 5,541.67 77,826.08 1404.37 324,604.25 33,250.02 291,354.23 876,25 5,470.33 (608.50) (6.421 47,843.19 56,821.98 8,970.79 15.00 4,154.82 3,138.85 75.54 7,296.13 24,928.92 17,632.79 70.73 13,625.15 2,530.35 10,57 55,139.32 81,750.90 26,611.58 32.55 _____________ (8,083.481 ______________ 80,356.43 994.08 -------------- 269,464.93 -------------- (48,500.88) ______________ 317,365.81 655.58 13 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H ---------- ACTUAL BUDGET $ VARIANCE $ VAR CENTRAL SUPPLY INPATIENT REVENU 17,322.25 OUTPATIENT REVEN 11,917.20 TOTAL REVENUE. 29,239.45 EXPENSES SALARIES 1,781.90 OTHER EXPENSES 11,341.57 TOTAL EXPENSES 13,123.47 ------------- NET GAIN/(LOSS 16,115.98 PHARMACY AND IV THERAPY REVENUE INPATIENT REVENU 223,595.39 OUTPATIENT REVEN 136,128.28 TOTAL REVENUE. 359,723.67 EXPENSES SALARIES 12,720.82 PROFESSIONAL FEE 9,167.04 EXPENSES 30,656.28 TOTAL EXPENSES 52,544.14 ------------- NET GAIN/(LOSS 307,179.53 CUP INFUSION THERAPY REVENGE INPATIENT REVENU .00 OUTPATIENT REVER .00 TOTAL REVENUE. .00 EXPENSES SALARIES .00 OTHER EXPENSES .00 TOTAL EXPENSES .00 NET GAIN/(LOSS .00 2,761.33 814.09 3,575.42 1,493.16 2,257.75 3,750.91 (175.49) 206,569.08 136,322.74 342,911.82 13,011.17 8,416.67 56,619.50 78,047.42 264,864.40 07/16/07 04:50 PM Fril .� 14,560.92 527.31 106,248.36 11,103.11 1363.86 53,256.90 25,664.03 717.79 159,505.26 (288.74) (19.33) 8,002.03 (9,083.82) (402,33) 55,565.52 (9,372.56) 1249.87) 64,367.55 16,291.47 9283.41 95,137.71 -- Y E A R T O D A T B ------------ BUDGET $ VARIANCE % VAR 16,567.90 89,680.38 541.2B 4,884.54 48,372.36 990.31 21,452.52 138,052.14 643.52 8,958.96 156.93 1.75 13,546.50 (42,019.02) (310.18) 22,505.46 (41,062.03) (186.00) (11052.94) 96,190.65 9135.43 17,006.31 8.23 1,269,379.71 1,239,534.48 (194.46) (.14) 865,118.93 817,936.44 16,811.85 4.90 2,134.490.64 2,057,470.92 290,35 2.23 76,578.56 78,067.02 1750.371 (8.91) 55,002.24 50,500.02 25,963.30 45.85 297,730,91 339,717.48 25,503.28 32.67 429,311.71 468,284.52 42,315.13 15.97 1,705,186.93 1,589,106.40 29,845.23 2.40 47,182.49 5.76 77,027.72 3.74 1,488.46 1.90 (4,502.22) (0.91) 41,986.57 12.35 38,912.81 8.32 116,000.53 7.29 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ------------------ .00 .00 -------------- .00 -------------- .00 -------------- .00 .00 .00 14 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N 0 L E M O N T R ---------- ACTUAL BUDGET $ VARIANCE % VAR EMERGENCY ROOM REVENUE INPATIENT RUM 23,835.00 14,900.58 OUTPATIENT REVEN 308,092.00 211,4B3.34 TOTAL REVENUE. 331,927.00 226,383.92 EXPENSES SALARIES 00,430.57 71,373.59 PROFESSIONAL FEE 85,338.25 78,110.00 LEASE & RENTAL 2,437.30 2,258.33 OTHER EXPENSES 15,557.14 20,171.00 TOTAL EXPENSES 183,763.26 171,912.92 ______________ _____________ NET GAIN/(LOSS 148,163.74 54,471.00 ER PHYSICIANS REVENUE INPATIENT RBVENU 12,395.00 9,559.92 OUTPATIENT SEVEN 190,011.50 170,593.26 TOTAL REVENUE. 202,406.50 180,153.18 EMERGENCY MEDICAL SERVICE REVENUE INPATIENT REVEN .00 .00 OUTPATIENT SEVEN .00 .00 .TOTAL REVENUE. .00 .00 EXPENSES SALARIES .00 .00 LEASE & RENTAL .00 .00 OTHER EXPENSES .00 .00 CITY SUBSIDY .00 .00 COUNTY SUBSIDY .00 .00 TOTAL EXPENSES .00 .00 ______________ _____________ NET GAIN/(LOSS .00 .00 LABORATORY & PATHOLOGY REVENUE INPATIENT REVENU 127,283.25 110,312.25 OUTPATIENT SEVEN 373,484.94 345,207.84 TOTAL REVENUE. 500,768.19 455,520.09 EXPENSES SALARIES 44,874.00 45,104.75 LEASE & RENTAL 7,191.16 7,142.92 OTHER EXPENSES 62,232.99 64,507.35 TOTAL EXPENSES 114,298.15 116,755.02 .............. ............. NET GAIN/(LOSS 386,470.04 338,765.07 07/16/07 04:50 PH ----------- Y E A R T O D A T B ----------- ACTUAL BUDGET $ VARIANCE & VAR 8,934.42 59.96 134,955.75 89,403.48 45,552.27 50.95 96,608.66 45.68 1,642,236.25 1,268,900.04 373,336.21 29.42 105,543.08 46.62 1,777,192.00 1,358,303.52 418,888.48 30.83 (9,056.98) (12.68) 455,499.01 428,241.54 (27,257.47) (6.36) 17,228.251 (9.25) 495,004.49 468,660.00 126,344.49) (5.62) (178.97) (7.92) 13,392.13 13,549.98 157.8E 1.16 4,613.96 22.87 97,567.28 121,026.00 23,458.72 19.38 (11,850.34) 16.89) 1,061,462.91 1,031,477.52 (29,985.39) (2.90) ----------- ______________ ____________________________ 93,692.74 172.00 715,729.09 326,826.00 388,903.09 118.99 2,835.08 29.65 75,569.25 57,359.52 18,209.73 31.74 19,418.24 11.38 1,128,218.75 1,023,559.56 104,659.19 10.22 22,253.32 12.35 1,203,788.00 1,080,919.08 122,868.92 11.36 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 .00 .00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ----------- ______________ ______________ ______________ .00 .00 .00 .00 .00 .00 16,971.00 15.38 651,244.98 661,873.50 (10,628.52) (1.60) 28,277.10 8.19 2,139,727.73 2,071,247.04 68,480.69 3.30 45,248.10 9.93 2,790,972.71 2,733,120.54 57,852.17 2.11 230.75 .51 256,120.15 270,628.50 14,508.35 5.36 (48.24) (.67) 26,400.47 42,857.52 16,457.05 38.39 2,274.36 3.52 401,876.51 387,044.10 (14,832.41) (3.83) 2,456.87 2.10 684,397.13 700,530.12 16,132.99 2.30 ------------ -------------- _____________ _._._.____- 47,704.97 14.08 2,106,575.58 2,032,590.42 73,985.16 3.63 15 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H ---------- ACTUAL BUDGET $ VARIANCE % VAR BLOOD BANK REVENUE INPATIENT REVENU 23,498.50 17,318.33 OUTPATIENT BEVEN 8,174.50 7,831.92 TOTAL REVENUE. 31,673.00 25,150.25 EXPENSES EXPENSES 8,837.06 7,042.08 TOTAL EXPENSES 81837.06 7,042.08 -------------- NET GAIN/(LOSS 22,835.94 ------------ 18,108.17 OCCUPATIONAL MEDICINE REVENUE INPATIENT REVENU .00 .00 OUTPATIENT REVEN .00 .00 TOTAL REVENUE. .00 .00 EXPENSES PROFESSIONAL FEE .00 .00 OTHER EXPENSES .00 .00 TOTAL EXPENSES .00 .00 NET GAIN/(LOSS .00 .00 SAFETY TESTING OUTPATIENT REVEN .00 .00 TOTAL REVENUE. .00 .00 EXPENSES SALARIES .00 .00 OTHER EXPENSES .00 .00 TOTAL EXPENSES .00 .00 -------------- NET GAIN/(LOSS .00 ------------ .00 ELECTROCARDIOLOGRAPHY (EKG) REVENUE INPATIENT REVENU 16,870.00 15,888.00 OUTPATIENT REVEN 45,509.25 40,230.00 TOTAL REVENUE. 62,379.25 56,118.00 EXPENSES EXPENSES 1,896.05 1,377.51 TOTAL EXPENSES 1,896.05 1,977,51 NET GAIN/(LOSS 60,483.20 54,140.49 07/16/07 04:50 PM ----------- Y E A R 10 D A T E ----------- ACTUAL BUDGET $ VARIANCE 4 VAR 6,180.17 35.68 117,952.50 103,909.98 14,042.52 13.51 342.58 4.37 65,839.75 46,99132 18,B40.23 40.10 6,522.75 25.93 183,792.25 150,901.50 32,890.75 21.79 (1,794.98) (25.48) 56,022.1E 42,252.48 (13,769.67) (32.50) (1,794.98) (25.48) 56,022.15 42,252.48 (13,769.671 -------------- (32.58) ---------- 4,727.77 26.10 -------------- 127,770.10 -------------- 108,649.02 19,121.08 17.59 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .Do .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ---------- .00 .00 -------------- .00 -------------- .00 -------------- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 .00 .00 982.00 6.1B 97,205.00 95,328.00 1,B77.00 1.96 5,279.25 13.12 280,959.45 241,380.00 39,579.45 16.39 6,261.25 11.15 378,164.45 336,70B.00 41,456.45 12.31 81.46 4.11 11,556.84 11,965.06 308.22 2.59 81.46 4.11 11,556.84 11,865.06 308.22 2,59 ---------- 6,342.71 11.71 -------------- 366,607.61 -------------- 324,842.94 -------------- 41.764.67 12.8E 16 MEMORIAL ME➢ICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR TEE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H---------------------- Y E A R T O D A T E ------------ ACTUAL BUDGET $ VARIANCE 3 VAR ACTUAL BUDGET $ VARIANCE I VAR RADIOLOGY REVENUE INPATIENT REM 13,565.25 11,671.16 11894.09 16.22 86,194.25 70,026.96 16,167.29 23.08 OUTPATIENT REVEN 151,678.00 119,918.08 31,759.92 26.48 891,520.78 719,508.49 172,012.30 23.90 TOTAL REVENUE. 165,243.25 131,589.24 33,654.01 25.57 977,715.03 789,535.44 189,179.59 23.83 EXPENSES SALARIES 52,164.92 54,007.42 1,842.50 3.41 330,676.39 324,044.52 (6,631.07) (2.04) PROFESSIONAL FEE 4,980.00 3,873.75 (1,106.25) (28.55) 34,100.00 23,242.50 (10,857.50) (46.71) OTHER EXPENSES 19,274.39 21,562.66 2,288.27 10.61 139,701.26 129,375.96 (10,325.30) (7.98) TOTAL EXPENSES 76,419.31 79,443.83 3,024.52 3.80 504,477.65 476,662.98 (27,814.67) 15.83) ----------------------------------------- ---------------------------- -------------- NET GAIN/(LOSS 08,023.94 52,145.41 36,678.53 70.33 473,237.38 312,872.46 160,364.92 51,25 NUCLEAR MEDICINE REVENUE INPATIENT REVENU 6,642.50 9,677.01 (3,034.511 (31.35) 21,051.45 58,062.06 (37,010.61) (63,74) OUTPATIENT REVEN 40,597.25 48,112.09 (7,514.84) (15.61) 149,258.25 288,672.54 (139,414.29) (48.29) TOTAL REVENUE. 47,239.75 57,789.10 110,549.35) (18.25) 170,309.70 346,734.60 (176,424.90) (50.88) EXPENSES OTHER EXPENSES 7,096.38 5,101.75 (1,994.63) 139.09) 20,209.24 30,610.50 10,401.26 33.91 TOTAL EXPENSES 7,096.38 5,101.75 (1,994.63) (39.09) 20,209.24 30,610.50 10,401.26 33.97 ----------------------------------------- -----I------------------------------------ NET GAIN/(LOSS 40,143.31 52,687.35 (12,543.981 (23.801 150,100.46 316,124.10 (166,023.64) (52.51) ULTRASOUND REVENUE INPATIENT REVENU 9,471.75 6,475.75 2,996.00 46.26 41,274.25 39,854.50 2.419.75 6.22 OUTPATIENT REVEN 57,898.25 53,433.59 4,464.66 8.35 334,699.48 320,601.54 14,097.94 4.39 TOTAL REVENUE. 67,370.00 59,909.34 7,460.66 12.45 375,973.73 359,456.04 16,517.69 4.59 EXPENSES LEASE & RENTAL .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES 2,737.65 3,530.42 792.77 22.45 17,615.6E 21,182.52 3,566.92 16.83 TOTAL EXPENSES 2,737.65 3,530.42 792.77 22.45 17,615.60 21,182.52 3.566.92 16.03 -------------- ------------------------- -------------- ----------- ------------ NET GAIN/(LOSS 64,632.35 56,378.92 8,253.43 14.63 358,359.13 338,273.52 20,084.61 5.93 CT SCAN REVENUE INPATIENT REVENU 51,522.75 35,913.58 15,609.17 43.46 233,819.00 215,481.48 18,337,52 8.51 OUTPATIENT HEWN 269,541.75 251,823.26 17,710.49 7.03 1,541,614.25 1,510,939.56 30,674.69 2.03 TOTAL REVENUE. 321,064.5E 287,736.84 33,327.66 11.5B 1,715,433.25 1,726,421.04 49,012.21 2.03 EXPENSES LEASE & RENTAL 23,984.00 .00 (23,984.00) .00) 143,904.00 .00 (143,904.00) .00 OTHER EXPENSES 6,236.21 13,033.33 6,797.12 52.15 67,902.88 78,199.98 10,297.10 13.16 TOTAL EXPENSES 30,220.21 13.033.33 (17,186.88) (131.86) 211,806.88 78,199.98 (133,606.90) (170.95) -------------- ------------- ---'---------- -------------- ------------ - - -.-' ---------- NET GAIN/(LOSS 290,844.29 274,703.51 16,140.78 5.87 1,563,626.37 1,648,221.06 (84,594.69) (5.13) 17 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATR49T 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H---------------------- Y E A R T O M A T E ----------- ACTUAL BUDGET $ VARIANCE & VAR ACTUAL BUDGET $ VARIANCE $ VAR MAMMOGRAPHY REVENUE INPATIENT REVENU 231.00 27.58 203.42 737.56 346.50 165.4B 181.02 109.39 OUTPATIENT REM 13,588.25 9,287.75 4,300.50 46.30 67,973.75 55,726.50 12,247.25 21.97 TOTAL REVENUE. 13,819.25 9,315.33 4,503.92 48.34 68,320.25 55,B91.98 12,428.27 22.23 EXPENSES OTHER EXPENSES 2,746.47 2,561.92 (184.55) (7.20) 19,313.70 15,371.52 (3,942.18) (25.64) TOTAL EXPENSES 2,746.47 2,561,92 (184.55) (7.20) 19,313.70 15,371.52 (3,942.18) (25.64) NET GAIN/(LOSS ______________ 11,072.78 _____________ 6,753.41 ______________ 4,319.37 63.95 ______________ 49,006.55 -------------- 40,520.46 _____--.----__ 8,486.09 20.94 MRI REVENUE INPATIENT REVENI 15,210.00 11,060.84 4,149.16 37.51 55,993.25 66,365.04 (10,371.791 (15.62) OUTPATIENT REVEN 139,696.00 146,488.83 (6,792.83) (4.63) 786,799.75 878,932.98 (92,133.23) (10.48) TOTAL REVENUE. 154,906.00 157,549.67 (2,643.67) (1,.67) 842,793.00 945,298.02 (102,505.02) (10.841 EXPENSES OTHER EXPENSES 10,695.05 11,962.66 1,267.61 10.59 69,001.82 71,775.96 11,774.14 16.40 TOTAL EXPENSES 10,695.05 11,962.66 1,267.61 10.59 60,001.82 71,775.96 11,774,14 16.40 NET GAIN/(LOSS ______________ 144,210.95 _____________ 145,587,01 ______________ (1,376.06) (.94) -------------- 782,791.1B ______________ 873,522.06 -------------- (90,730.88) (10.38) ANESTHESIA REVENUE INPATIENT REVENU 33,510.00 25,655.58 7,854.42 30.61 124,518.75 153,933.48 (29,414.73) (13.10) OUTPATIENT SEVEN 76,336.25 80,049.83 (3,713.59) (4.63) 397,291.25 480,298.98 (83,005.73) (17.28) TOTAL REVENUE. 109,846.25 105,705.41 4,140.84 3.91 521,812.00 634,232.46 (112,420.46) (17.72) EXPENSES PROFESSIONAL FEE 37,307.72 40,416.67 3,108.95 7.69 252,500.18 242,500.02 (10,000.16) (4.12) LEASE & RENTAL .00 9.25 9.25 100.00 .00 55.50 55.50 100.00 OTHER EXPENSES 2,419.10 5,014.99 2,595.89 51.76 11,604.51 30,OB9.94 10,485.03 61.43 TOTAL EXPENSES 39,726.82 45,440,91 5,714.09 12.57 264,105.09 272,645.46 8,540.37 3.13 NET GAIN/(LOSS ______________ 70,119.43 _____________ 60,264.50 ______________ 9,854.93 16.35 __________ 257,706.91 361,587.00 (103,880.09) __ (28.72) DIALYSIS UNIT REVENUE OUTPATIENT REM 467,487.00 412,758.83 54,728.17 13.25 2,877,082.96 2,476,552.98 400,529.98 16.17 TOTAL REVENUE. 467,487,00 412,758.63 54,728.17 13.25 2,077,082.96 2,476,552.98 400,529.99 16.17 EXPENSES SALARIES 32,869.18 31,201.91 (1,667.271 (5.34) 212,497.15 187,211.46 (25,285.69) (13.50) OTHER EXPENSES 50,104.61 69,661.85 19,557.24 28.07 408,192.23 417,971.10 9,778.B7 2.33 TOTAL EXPENSES 82,973.79 100,863.76 17,889.97 17.73 620,689.38 605,182.56 (15,506.82) (2.56) NET GAIN/(LOSS ____________ 384,513.21 _____________ 311,895.07 ______________ 72,618.14 23.28 ______________ 2,256,393.58 ______________ 1,871,370.42 -------------- 385,023.16 20.57 IN CARDIOPULMONARY REVENUE INPATIENT REVENU OUTPATIENT BEVER TOTAL REVENUE. EXPENSES SALARIES LEASE k RENTAL OTHER EXPENSES TOTAL EXPENSES NET GAIN/(LOSS CARDIAC REHAB REVENUE INPATIENT REVENU OUTPATIENT SEVEN TOTAL REVENUE. EXPENSES SALARIES OTHER EXPENSES TOTAL EXPENSES NET GAIN/(LOSS OCCUPATIONAL THERAPY REVENUE INPATIENT REMO OUTPATIENT BEVEN TOTAL REVENUE. EXPENSES SALARIES OTHER EXPENSES TOTAL EXPENSES NET GAIN/(LOSS PHYSICAL THERAPY REVENUE INPATIENT REVENU OUTPATIENT RIVER TOTAL REVENUE. EXPENSES PROFESSIONAL FEE OTHER EXPENSES TOTAL EXPENSES NET GAIN/(LOSS MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/07 --------- 8 I N G L E M O N T H---------------------- Y E A R T O D A T 9 ------------ ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR 79,496.75 98,685.58 (19,188.83) (19.44) 705,941.60 592,113.48 113,828.12 19.22 22,403.75 36,189.33 (13,785.58) 138.03) 145,418.00 217,135.38 (71,717.98) (33.02) 101,900.50 134,874.91 (32,974.41) (24.44) 851,359.60 809,249.46 42,110.14 5.20 .00 .00 .00 .00 .00 .00 .00 .00 936.89 658.08 (278.81) (42.36) 4,625.73 3,948.48 (677.25) (17.15) 34,722.21 35,766.08 1,043.87 2.91 202,263.00 214,596.48 12,333.48 5.74 35,659.10 36,424.16 765.06 2.10 206,888.73 218,544.96 11,656.23 5.33 ___________ ___________ __ -------------- -------------- -------------- 66,241.40 98,450.75 (32,209.35) (32.71) 644,470.87 S90,704.50 53,766.37 9.10 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 oa .00 .00 .00 .00 .00 .00 .00 .00 ----------- ----------------------------------------- ---------------------------- .00 .00 .00 .00 .00 .00 .00 .00 488.08 263.58 224.42 85.14 2,173.75 1,581.48 592.27 37.45 244.00 640.34 (396.34) (61.89) 2,905.75 3,842.04 (936.291 (24.36) 732.00 903.92 (171.92) (19,01) 5,079.50 5,423.52 (344.02) (6.34) .00 .00 .00 .00 .00 .00 .00 .00 1,025.00 216.92 (808.08) (372.52) 2,418.70 1,301.52 (1,117.18) (05.63) 1,025.00 216.92 (808.08) (372.52) 2,418.70 1,301.52 (1,117.18) (85.831 ___________ _____________ ______________ -------------- -------------- -------------- (293.00) 687.00 (980.00) (142.64) 2,660.80 4,122.00 (1,461.20) (35.44) 33,053.25 125,854.25 158,907.50 36,277.23 8,735.55 45,012.70 113,894.72 23,352.25 161,232.51 184,584.76 49,110.83 7,085.58 56,196.41 128,388.35 9,701.00 41.54 (35,378.26) (21,94) (25,677-26) (13.91) 12,833.60 26.13 (1,649.97) (23.28) 11,163.63 19.90 (14,493.63) 111.281 151,104.00 140,113.50 833,637.00 967,395.06 984,741.00 1,107,508.56 234,958.16 294,664.98 46,789.38 42,513.48 281,747.54 337,178.46 702,993.46 770,330.10 10,990.50 7.84 (133,758.06) (13.82) (122,767.56) (11.08) 59,706.82 20.26 (4,275.90) (10.05) 55,430.92 16.43 (67,336,64) (8.74) 19 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/01 --------- S I N G L E N 0 N T H---------------------- Y B A R T O D A T E ------------ ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR ROME HEALTH CARE RUM INPATIENT PEW .00 .00 .00 .00 702.50 .00 702.50 .00 OUTPATIENT REM 86,395.25 102,111.33 (15,716.08) (15.39) 584,480.90 612,667.98 (26,107.08) (4.60) TOTAL REVERIE. 86,395.25 102,111.33 (15,716.08) (15.39) 585,183.40 612,667.98 (27,404.58) (4.48) EXPENSES SALARIES 30,468.82 32,684.58 2,215.76 6.77 183,553.54 196,107.48 12,547.94 6.39 LEASE 6 RENTAL 2,388.01 2,272.08 (115.93) (5.10) 14,513.53 13,632.48 (881.051 (6.46) OTHER EXPENSES 13,585.50 15,352.92 1,767.42 11.51 91,811.70 92,117.52 305.82 .33 TOTAL EXPENSES 46,442.33 50,309.58 3,867.25 7.6B 289,884.77 301,857.48 11,972.71 3.96 ----------------------------------------- ---------------------------- -------------- NET GAIN/(LOSS 39,952.92 51,801.75 (11,848.83) (22.87) 295,298.63 310,810.50 (15,511.07) (4.99) HOSPICE REVENUE OUTPATIENT RBVEN .00 .00 .00 .00 .00 .00 .00 .00 TOTAL RENEWS. .00 .00 .00 .00 .00 .00 .00 .00 EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 PROFESSIONAL FEE .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 --------------------------------------------------------------------- -------------- NET GAIN/(LASS .00 .00 .00 .00 .00 .00 .00 .00 PRIMARY HEALTR CARE REVENUE OUTPATIENT BEVE7 .00 .00 .00 .00 .00 .00 .00 .00 TOTAL REVERE. .00 .00 .00 .00 .00 .00 .00 .00 EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 -------------- ------------- ------------- -------------- -------------- NET GAIN/(LOSS .00 .00 .00 .00 .00 .00 .00 .00 NEW VIEW REVENUE OUTPATIENT NEVER .00 .00 .00 .00 .00 .00 .00 .00 TOTAL REVENUE. .00 .00 .00 .00 .00 .00 .00 .00 EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 PROFESSIONAL FEE .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 -------------- ------------- -------------- -------------- -------------- -------------- NET GAIN/(LOSS .00 .00 .00 .00 .00 .00 .00 .00 20 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H---------- ------------ Y E A R T O D A T E ------------ ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR CHEMICAL DEPENDENCY REVENUE OUTPATIENT REVEN .00 .00 .00 .00 .00 .00 .00 .00 TOTAL REVENUE. .00 .00 .00 .00 .00 .00 .09 .00 EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 PROFESSIONAL FEE .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 -------------- NET GAIN/(LOSS .00 ------------- .00 -------------- .00 -------------- .00 .00 -------------- .00 -------------- .00 .00 DIETARY REVENUE INPATIENT REVENU .00 .00 .00 .00 .00 .00 .00 .00 OUTPATIENT REM 88.00 48.33 39.67 82.08 250.00 289.98 (39.98) (13.78) TOTAL REVENUE. 88.00 48.33 33.67 82.08 250.00 289.98 (39.98) 113.78) EXPENSES SALARIES 17,603.61 15,015.16 (2,588.45) (17.23) 89,686.62 90,090.96 404.34 .44 PROFESSIONAL FEE 1,812.00 1,692.42 (119.58) (7.06) 9,671.00 10,154.52 483.52 4.76 OTHER EXPENSES 16,628.18 19,443.59 2,815.41 14.47 104,529.23 116,661.54 12,132.31 10.39 TOTAL EXPENSES 36,043.79 36,151.17 107.38 .29 203,886.85 216,907.02 13,020.17 6.00 NET GAIN/(LOSS (35,955.79) ---------- 136,102.84) -------------- 147.05 .40 -------------- (203,636.85) -------------- (216,617,04) -------------- 12,980.19 5.99 MEDICAL RECORDS EXPENSES SALARIES 22,052.46 16,762.41 (5,290.05) (31.55) 124,292.43 100,574.46 (23,717.97) 123.58) LEASE & RENTAL 2,419.03 2,317.75 (101.28) (4.361 14,092.77 13,906.50 (986.27) (7.09) OTHER EXPENSES 2,077.89 3,094.84 1,016.95 32.85 18,639.15 18,569.04 1,929.89 10.39 TOTAL EXPENSES 26,549.38 22,175.00 (4,374.38) (19.721 155,824.35 133,050.00 (22,774.35) (17.11) CARE PROGRAM EXPENSES OTHER EXPENSES 2,024.37 483.34 (1,541.03) (318.82) 5,344.20 2,900.04 (2,444.16) (84.28) TOTAL EXPENSES 2,024.37 483.34 (1,541.03) (318.82) 5,344.20 2,900.04 (2,444.16) (04.28) MAINTENANCE EXPENSES SALARIES 10,569.75 15,595.83 5,026.08 32.22 64,164.29 93,574.98 29,410.69 31.43 OTHER EXPENSES 940.62 1,923.92 903.30 51.10 8,814.05 11,543.52 2,729.47 23.64 TOTAL EXPENSES 11,510.37 17,519.75 6,009.30 34.30 72,978.34 105,118.50 32,140.16 30.57 PLANT OPERATIONS EXPENSES LEASE & RENTAL 45.00 45.00 .00 .00 270.00 270.00 .00 .00 ELECTRICITY 35,426.80 44,515.25 9,088.45 20.41 190,125.03 267,091.50 76,966.47 26.81 WATER & SEWER 5,230,45 7,416.0 2,186.22 29.47 27,202.65 44,500.02 17,297.37 38.87 GAS .00 9,583.33 9,583.33 100.00 26,364.14 57,499.98 31,135.84 54.14 OTHER EXPENSES 3,056.33 9,379.76 6,323.43 67.41 11,995.73 56,278.56 (15,717.17) (27.92) TOTAL EXPENSES 43,758.58 70,940.01 27,181.43 38.31 315,957.55 425,640.06 109,602.51 25.76 21 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H ---------- ACM BUDGET $ VARIANCE I VAR GROUNDS EXPENSES SALARIES .00 .00 OTHER EXPENSES 2,530.54 70.83 TOTAL EXPENSES 2,530.54 70.83 TRANSPORTATION EXPENSES SALARIES 1,191.39 1,443.58 OTHER EXPENSES 636.51 520.00 TOTAL EXPENSES 1,827,90 1,963.58 HOUSEKEEPING EXPENSES SALARIES 22,603.32 21,712.50 OTHER EXPENSES 6,294.44 6,268.08 TOTAL EXPENSES 28,897.76 27,980.58 LAUNDRY EXPENSES OUTSIDE SERVICES 44.10 .00 OTHER EXPENSES .00 .00 TOTAL EXPENSES 44.10 .00 SECURITY EXPENSES SALARIES 7,053.82 5,770.34 OTHER EXPENSES 501.72 604.34 TOTAL EXPENSES 7,555.54 6,375.08 PERFORMANCE IMPROVEMENT EXPENSES SALARIES 6,161.83 6,100.33 OTHER EXPENSES 497.43 575.58 TOTAL EXPENSES 6,659.26 6,683.91 SOCIAL WORKER/➢ISCHARGS PLANNI EXPENSES SALARIES 5,142.86 4,757.33 OTHER EXPENSES 388.36 496,84 TOTAL EXPENSES 5,531.22 5,254.17 CALHOUN COUNTY INDIGENT EXPENSES SALARIES 3,674.72 3,845.75 OTHER EXPENSES 7.08 294.17 COUNTY OFFSET (3,537.32) (4,139,92) TOTAL EXPENSES 144.48 .00 07/16/07 04:50 PN ----------- Y E A R T O D A T E ----------- ACIM BUDGET $ VARIANCE & VAR .00 .00 .00 .00 (2,459.71) (3472.691 6,040.08 424.98 (2,459.711 (3472.69) 6,040.08 424.98 252.19 17.46 7,711.39 8,661.48 (116.51) (22.40) 3,069.01 3,120.00 135.68 6.90 10,790.40 11,781.48 (890.82) (4.10) 132,038.90 130,275.00 (26.36) (.42) 44,602.89 37,608.48 (917.18) (3.27) 176,641.79 167,883.48 (44.10) .00) 69.30 .00 .00 .00 .00 .00 (44.10) .00) 69.30 .00 (1,283,48) 122,24) 36,6B9.85 34,622.04 103.02 17.03 3,242.25 3,628.44 (1,180.461 (18.51) 39,932.10 38,250.48 (53.50) (.87) 39,384.00 36,649.9E 78.15 13.57 3,616.02 3,453.48 24.65 .36 43,000.02 40,103.46 (385,53) (8.10) 33,120.23 28,543.98 108.48 21.83 4,969.01 2,981.04 (277.05) (5,27) 38,089.24 31,525.02 171.03 4.44 23,247.21 23,074.50 287.09 97.59 (7.31) 1,765.02 ,(602.60) (14.55) (23,456.51) (24,839.52) (144.48) .00) (216.61) .00 .00 .00 (5,615.10) (1321.26) (5,615.10) (1321.26) 950.09 10.96 50.99 1.63 1,001,08 0.49 (1,763 ;90) (1.35) (6,994.41) (18.59) (8,758.31) (5.21) (69.30) .00 .00 .00 (69,301 .00 (2,067.81) (5.97) 386.19 10.64 (1,681.62) (4.39) (2,734.02) (7.45) (162.54) (4.70) (2,896.56) (7.22) (4,576.25) (16.03) (1,987.97) (66.68) (6,564.22) (20.82) (172.711 (.74) 1,772.33 100.41 (1,383.01) (5.56) 216.61 .00 22 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H ---------- ACTUAL BUDGET $ VARIANCE k VAR BUSINESS OFFICE EXPENSES SALARIES 20,668.37 19,870.2! LEASE E RENTAL 1,564.63 791.9 COLLECTION EXPEN 3,474.95 4,650.42 OTHER EXPENSES 8,457.76 10,266.73 TOTAL EXPENSES 34,165.71 35,579.07 COMMUNICATIONS EXPENSES SALARIES 7,315.42 9,582.41 OTHER EXPENSES 1,146.03 942.08 TOTAL EXPENSES 8,465.45 10,524.49 DATA PROCESSING EXPENSES SALARIES 8,333.68 9,470.42 OTHER EXPENSES 13,739.62 11,460.25 TOTAL EXPENSES 22,073.30 20,930.67 NURSING ADMINISTRATION EXPENSES SALARIES 16,917.16 9,794.17 OTHER EXPENSES 3,011.20 1,634.92 TOTAL EXPENSES 19,928,36 11,429.09 HOUSE SUPERVISOR EXPENSES SALARIES .00 .00 OTHER EXPENSES (7.44) .00 TOTAL EXPENSES 17.44) .00 INFECTION CONTROL EXPENSES SALARIES 5,841.38 5,311.75 OTHER EXPENSES 2,018.57 727.16 TOTAL EXPENSES 7,859.95 6,038.91 EDUCATION EXPENSES SALARIES 4,832.22 4,300.00 OTHER EXPENSES 1,318,33 1,097.92 TOTAL EXPENSES 6,150.55 5,397.92 ACCOUNTING EXPENSES SALARIES 7,940.45 5,992.66 OTHER EXPRESSES 3,126.79 4,180.08 TOTAL EXPENSES 11,067.24 10.112.74 REVENUE MANAGEMENT EXPENSES SALARIES 4,762.25 5,045.00 OTHER EXPENSES 7,495.30 7,406.75 TOTAL EXPENSES (12,257.55) (12,451.75) 07/16/07 04:50 PM ----------- Y E A R T O D A T E ------------ ACTUAL BUDGET $ VARIANCE I VAR (798.12) (4.01) 115,584.27 (772.96) (91,63) 6,408.81 1,175.47 25.27 52,456.06 1,808.97 17.61 49,864.31 1,413.36 3.97 224,313.45 2,262.99 23.61 49,776.45 (203.95) (21.64) 6,741.18 2,059.04 19.56 56,517.63 1,136.74 12.00 48,497.87 (2,279.37) (19.80) 87,103.60 (1,142.63) (5.45) 135,601.17 (7,122.99) (72.72) 60,871.58 (1,376.28) (84,18) 16,552.95 (8,499.27) (74.36) 77,424.53 .00 .00 .00 7.44 .00 .00 7.44 .00 .90 (529.63) (9.97) 33,207.59 (1,291.41) (177.59) 8,033.28 (1,821.04) (30.15) 41,240.87 (532.22) 112.37) 29,547.32 (220.41) (20.07) 8,490.98 (752.63) (13,94) 38,038.30 (1,947.79) (32.50) 1,053.29 25.19 (894.50) (8,79) 282.75 5.60 (88.55) (1.19) 194.20 1.55 39,584.31 20,514.04 60,098.35 119,221.50 3,637.23 3.05 4,750.02 (1,658,79) (34.92) 27,902.52 (24,553.54) (87.99) 61,600.38 11,736.07 13.05 213,474.42 (10.839.03) (5.07) 57,494.46 7,718.01 13.42 5,652.48 (1,088.70) (19,26) 63,146.94 6.629.31 10.49 56,822.52 8,324.65 14.65 68,761.50 (18,342.10) 126.67) 125,584.02 (10,017.45) (7,97) 5B,765.02 (2,106.56) (3.58) 9,809.52 (6,743.43) (68.74) 68,574.54 (8,849.99) (12.90) .00 .00 .00 .00 .00 .00 .00 .00 .00 31,870.50 11,337.09) (4.19) 4,362.96 (3,670.32) (84.12) 36,233.46 (5,007.41) (13.81) 25,800.00 (3,747.32) (14.52) 6,587.52 (1,903.46) (28.89) 32,387.52 (5,650.78) (17.44) 35,955.96 25,080.48 61, 036A4 29,849.95 30,270.00 47,862.31 44,440.50 (77,712.26) (74.710.50) (3,628.35) (10.09) 4,566.44 18.20 938.09 1.53 420.05 1.38 (3,421.81) (7.691 (3,001.76) (4,01) 23 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H---------- ------------ Y E A R T O D A T B ------------ ACTUAL BUDGET $ VARIANCE } VAR ACTUAL BUDGET $ VARIANCE } VAR ADMINISTRATION EXPENSES SALARIES 19,897.47 24,789.59 4,892.12 19.73 144,816.77 148,737.54 3,920.77 2.63 LEASE & RENTAL 2,347.68 1,214.75 (1,132.93) (93.26) 11,652.95 7,288.50 (4,364.45) (59.88) OTHER EXPENSES 10,471.41 29,184.59 18,713.18 64.12 122,949.63 175,107.54 52,157.91 29.78 TOTAL EXPENSES 32,716.56 55,188.93 22,472.37 40.71 279,419.35 331,133.58 51,714.23 15.61 BUSINESS DEVELOPMENT EXPENSES SALARIES 4,061.42 4,151.83 90.41 2.17 24,542.29 24,910.98 368,69 1,48 OTHER EXPENSES 308.65 336.66 28.01 8.31 2,032.34 2,019,96 (12.38) (.61) TOTAL EXPENSES 4,370.07 4,488.49 118.42 2.63 26,574.63 26,930.94 356.31 1.32 HOSPITAL GENERAL EXPENSES NORKMANS COMP IN 10,334,56 7,173.08 (3,161.49) (44.07) 60,593.49 43,038.48 (17,555.01) (40.70) UNEMPLOYMENT INS 10,123.3E 3,041.5E (7,081.80) (232.83) (20,542.67) 18,249.00 38,791.67 212.56 PROF LIABILITY I 6,627.37 9,493.92 2,866,55 30.19 48,709.16 56,963.52 8,254.36 14.49 LEASE & RENTAL 1,026.40 1,094.83 68.43 6.25 6,391.90 6,568.98 177.08 2.69 OTHER EXPENSES 17,459.49 9,024.76 (8,434.73) (93.46) 87,816.54 54,148.56 (33,667.98) (62.17) TOTAL EXPENSES 45,571.12 29,828.09 (15,743.03) (52.771 182,968.42 178,968.54 (3,999.88) (2.23) HUMAN RESOURCES/PUBLIC RELATIO EXPENSES SALARIES 3,723.51 3,875.00 151.49 3.90 22,163.28 23,250.00 1,086.72 4.67 OTHER EXPENSES 3,742.89 5,094.67 1,351.78 26,53 31,435.07 30,568.02 (867.05) (2.83) TOTAL EXPENSES 7,466.40 8,969.67 1,503.27 16.75 53,598.35 53,618.02 219.67 .40 PURCHASING EXPENSES SALARIES 8,076.32 8,299.25 222.93 2.68 50,677.69 49,795.50 (882.19) (1.77) OTHER EXPENSES 2,153.45 1,555.34 (598.11) (38.45) 9,483.79 9,332.04 (151.75) (1.62) TOTAL EXPENSES 10,229.77 9,854.59 (375.18) (3.80) 60,161.48 59,127.54 (1,033.94) (1.74) AUXILIARY EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 EXPENSES 8.51 10.00 1.49 14.90 149.47 60.00 (89.47) (149.11) TOTAL EXPENSES 8.51 10.00 1.49 14.90 149.47 60.00 (09.47) (149.11) PLAZA SPECIALTY CLINICS SALARIES .00 .00 .00 .00 .00 .00 .00 .00 EXPENSES ,00 .00 .00 .00 ,00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 24 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 IN FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M O N T H---------------------- Y E A R T O D A T E ------------ ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE : VAR MEMORIAL MEDICAL PLAZA REVENUE RENTALS .00 .00 .00 .00 211.50 .00 211.50 .00 TOTAL REVENUE. .00 .00 .00 .00 211.50 .00 211.50 .00 EXPENSES SALARIES........ 2,510.34 2,805.16 294.82 10.50 15,723.21 16,830.96 1,107.75 6.58 OTHER EXPENSES.. 886.58 1,352.74 466.16 34.46 5,299.59 8,116.44 2,816.85 34.70 TOTAL EXPENSES 3,396.92 4,157.90 760.98 18.30 21,022.80 24,947.40 3,924,60 15.73 -----------------------`------------------------------- '---------_---------------- NET GAIN/(LOSS (3,396.92) (4,157.90) 760.98 18.30 (20,611.30) (24,947.40) 4,136.10 16.57 SUBTOTAL GAIN/ 2,246,960.17 1,826,880.73 420,079.44 22.99 12,386,036.41 10,960,944.50 1,425,091.91 13.00 OTHER OPERATING EXPENSES REVENUE DEDUCTIONS MEDICARE CONTR A (1,037,546.18) (781,771.17) (255,775.01) (32.71) (6,045,946.62) (4,690,627.02) (1,355,319.60) (28.89) MEDICAID CONTR A (167,355.34) (237,930.34) 70,575.00 29.66 (1,358,047.68) (1,427,582.04) 69,534.36 4.87 INDIGENT CONTR A (42,157.76) (142,758.25) 100,600.49 70.46 (216,087.21) (856,549.50) 640,462.29 74.77 CHARITY CARE (160,697.81) .00 (160,697.81) .00) (458,383.56) - .00 (458,383.56) .00 BAD DEBT EXPENSE (226,053.86) (200,541.33) (25,512.53) (12.72) (1,470,880.79) (1,203,247.98) (267,632.01) (22.24) OTHER DEDUCTIONS (252,193.83) (210,739.33) (40,455.50) (19.19) (1,346,315.42) (1,264,429.98) (81,885.44) (6.47) TOTAL REVENUE 11,885,004.781 (1,573,739.42) (311,265.36) (19.77) (10,895,661.28) (9,442,436,52) 11,453,224.76) (15,39) EMPLOYEE BENEFITS FICA .00 .00 .00 .00 .00 .00 .00 .00 RETIREMENT 33,143.74 28,704.42 (4,433.32) (15.46) 204,230.96 172,226.52 (32,004.44) (18.58) HOSPITALIZATION 181,523,29 90,240.00 (91,283.29) (101.15) 810,587.71 541,440.00 (269,147.71) (49.70) LIFE INSURANCE 1,253.33 1,233.33 (20.00) (1.62) 7,410.77 7,399.98 (10.79) (.14) DENTAL INSURANCE 2,226.85 3,760.00 1,533.15 40.77 17,941.05 22,560.00 4,618.95 20.47 LONG TERM DIE 2,345.30 2,350.00 4.70 .20 13,952.05 14,100.00 147.35 1.04 PAYROLL CLEARING (488.92) .00 488.92 .00 1,680.98 .00 11,680.98) .00 TOTAL EMPLOYEE 220,003.59 126,287.75 (93,715.84) (74.20) 1,055,003.52 757,726.50 (29B4O77.02) (39.33) TOTAL OTHER OP 2,105,008.37 1,700,027.17 (404,981.20) (23.82) 11,951,464.60 10,200,163.02 (1,751,301.78) (17,16) OTHER REVENUE MEDICARE PASS-TH 45,330.00 21,666.67 23,663.33 109,21 281,096.80 130,000.02 151,096.78 116.22 CAFETERIA SALES 8,742.45 8,333.33 409.12 4.90 51,227.03 49,999.98 1,227.05 2.45 INTEREST INCOME 6,448.12 3,600.00 2,848.12 79.11 48,100.03 21,600.00 26,500.03 122.68 INTEREST INCOME 55.49 .00 55.49 .00 144.31 .00 144.31 .00 INTEREST INCOME .00 .00 .00 .00 .00 .00 .00 .00 MISCELLANEOUS IN 4,766.94 12,166.67 (7,395.73) (60.81) 43,209.67 73,000.02 (29,790,35) (40.80) TOTAL OTHER RE 65,343.00 45,766.67 19,576.33 42.77 423,777.84 274,600.02 149,177.82 54.32 ------------------------------------------------------- -------------- -------------- NET OPERATING 207,294.80 172,620.23 34,674.57 20.08 858,349.45 1,035,381.50 (177,032.05) (17.09) 25 MEI40RIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 07/16/07 04:50 PM FOR THE 6 MONTHS ENDING 06/30/07 --------- S I N G L E M 0 N T H---------------------- Y E A R T O D A T 8 ------------ ACTUAL BUDGET $ VARIANCE I VAR ACTUAL BUDGET $ VARIANCE & VAR NON -OPERATING EXPENSE DEPRECIATION -LAN .00 .00 .00 .00 .00 .00 .00 .00 DEPRECIATION-BUI 27,334.25 105,833.33 78,499.08 74.17 164,005.50 634,999.98 470,994.48 74.17 DEPRECIATION -FIX 8,929.31 ,00 (8,929.31) .00) 53,824.93 .00 (53,824.93) .00 DEPRECIATION-MAJ 56,204.16 .00 (56,204.16) .00) 340,786.79 .00 (340,786.79) .90 DEPRECIATION-POR .00 .00 .00 .00 .00 .00 .00 .00 CONTRIBUTION TO .00 .00 .00 .00 .00 .00 .00 .00 TOTAL NON-OPER 92,467.72 105,833.33 13,365.61 12.62 558,617.22 634,999.98 76,382.76 12.02 ______________ ___________________________-------------- -------------- -------------- TOTAL OPERATIN 114,827.00 66,766.90 4B4O40.18 71.93 299,732.23 400,381.52 (100,649.29) (25.13) COUNTY SUBSIDY .00 .00 .00 .00 .00 .00 .D0 pp ______________ _____________ ______________ ----- 98_-_______ -------------- -------------- NET GAIN/(LOSS 114,827.08 66,786.90 ,040.18 71.93 299,732.23 400,381.52 (100,649.29) (25.13) 26 MtMUNIAL MtUIUAL UEN I tK CAPITAL EQUIPMENT ADDITIONS FOR FISCAL YEAR 2007 BUILDING MEMORIAL EQUIPMENT IMPROVEMENTS MEDICAL DESCRIPTION AMOUNT HOSPITAL PLAZA JANUARY Zeiss Scope (Surgery) $ 7,000.00 Zeiss Scope (Surgery) $ 7.000.00 Zeiss S3 Scope (Surgery) $ 10,300.00 Boller (Facilities) $ 9,860.00 $ 34,160.00 $ FEBRUARY $ $ $ MARCH APRIL Total Bed Frame QCU) 13,819.00 $ 13,819.00 $ May June JULY AUGUST SEPTEMBER OCTOBER $ $ $ NOVEMBER DECEMBER SUBTOTALS $ 47,979.00 $ - $ GRAND TOTALS $ 47,979.00 27 SUMMARY OF INDIGENT, CHARITY AND BAD DEBT CLASS "O" AND "X" Jun-06 2006 YTD Jun-07 2007 YTD REFERRAL $ 56,618.92 $ 143,244.06 CHARITY $ 72,705.87 $ 531,250.77 $ 175,097.48 $ 464,300.36 INDIGENT $ 148,233.30 $ 976,792.94 $ 71,965.29 $ 741,871.03 KV MEMORIAL MEDICAL CENTER ACCOUNTS PAYABLE BOARD OF TRUSTEES APPROVAL LIST FOR JUNE 2007 DATE APPROVED A/P & PATIENT BY COUNTY AUDITOR REFUNDS 6/1/2007 (weekly) $ 119,337.48 6/6/2007 (weekly) $ 402,909.22 6/14/2007 (void check) $ (1,231.66) 6/1312007 (weekly) $ 396,469.82 6/20/2007 (weekly) $ 130,263.35 6/27/2007 (weekly) $ 342,107.87 TOTAL $ 1,389,846.09 29 RUN DATB:07105/07 MEMORIAL MEDICAL CENTER TDM:17:19 CHECK REGISTER 06/01/07 THRU 06/01/07 BANK --CHECK ---------------------------------------------------- CODE NUMBER DATE AMOUNT PAYER A/P + 121429 06/01/07 200.00CR KRISTI SLIM A/P 122114 06/01/07 187.94 ACB HARDWARE - PORTER'S A/P 122115 06/01/07 .00 VOIDED A/P 122116 06/01/07 21,212.57 ABRISOURCHBBRGEN DRUG A/P 122117 06/01/07 90.97 ASPEN SURGICAL PRODUCTS A/P 122118 06/01/07 73.60 AIRGAS-SOUTHWEST A/P 122119 06/01/07 1,159.68 CARDINAL HEALTH A/P 122120 06/01/07 116.85 ANPRC A/P 122121 06/01/07 64.00 AQUA BEVERAGE CMANY A/P 122122 06/01/07 570.00 ARTHRUCARE CORPORATION A/P 122123 06/01/07 1,154.00 AT&T A/P 122124 06/01/07 859.95 BAXTER HEALTHCARE CORP A/P 122125 06/01/07 13,068.63 HECKMAN COULTER INC A/P 122126 06/01/07 405.50 BOSTON SCIENTT21C CORPO A/P 122127 06/01/07 132.88 BOSTON TEXTILE CO, INC A/P 12212E 06/01/07 820.66 BUCKEYE INTERNATIONAL, A/P 122129 06/01/07 12,820.00 CALHOUN CCUNTY A/P 122130 06/01/07 600.00 COASTAL OFFICE PRODUCTS A/P 122131 06/01/07 276.65 CERTIFIED LABORATORIES A/P 122132 06/01/07 4,492.90 CITY OF PORT LAVACA A/P 122133 06/01/07 750.00 COLDWELL BANKER RUSSELL A/P 122134 06/01/07 92.15 CONMED CORPORATION A/P 122135 06/01/07 289.95 THE COUNCIL COMPANY A/P 122136 06/01/D7 223.72 DUO,LLC A/P 122137 06/01/07 1,587.58 DADE BEHRmG A/P 122138 06/01/07 65.62 ➢'S OUTDOOR POWER EQUIP A/P 122139 06/01/07 226.36 DELL FINANCIAL SERVICES A/P 122140 06/01/07 79.30 DETAR HOSPITAL A/P 122141 06/01/07 494.16 DIE PAPER & PACKAGING A/P 122142 06/01/07 200.00 EL CAMPO MEMORIAL HOSPI A/P 122143 06/01/07 969.01 EHBASBY SUITES ROTBL A/P 122144 06/01/07 105.75 FEDERAL EXPRESS CORP. A/P 122145 06/01/07 1,591.26 FISHER HEALTHCARE A/P 122146 06/O1/07 1,253.33 FORT DEARBORN LIFE INC A/P 122147 06/01/07 142.47 PRESBNIUS USA MANOFACTU A/P 122148 06/01/07 63.14 GENESIS WORLDWIDE ENTER A/P 122149 06/01/07 24.08 GETINGE USA A/P 122150 06/01/07 632.58 GULF COAST PAPER COMPAN A/P 122151 06/01/07 17.94 R E BUTT GROCERY A/P 122152 06/01/07 372.15 HEALTH CARE LOGISTICS I A/P 122153 06/01/07 789.00 IKON FINANCIAL SERVICES A/P 122154 06/01/07 159.07 IMMOCOR, INC A/P 122155 06/01/07 588.80 CONNED LINVATEC CORPORA A/P 122156 06/01/07 50.00 MEMORIAL MEDICAL CENTER A/P 122157 06/O1/07 374.75 MARK'S PLUMBING PARTS A/P 122158 06/01/07 127.50 MEDTRONIC USA, INC. A/P 122159 06/01/07 170.43 MEGADYNE MEDICAL A/P 122160 06/01/07 515.40 MERIDIAN PROFESSIONAL S A/P 122161 06/01/07 7,323.51 MERRY X-RAY- SAN ANTOEI A/P 122162 06/01/07 188.38 MC AUXILIARY PAGE 1 GLCKREG 30 RUN DATE:07/05/07 MEMORIAL MEDICAL CENTER TIMB:17:19 CHECK REGISTER 06/01/07 THRU 06/O1/07 BANK--CmcK ------------------------------------------ CODE NUMBER DATE AMOUNT PAYEE A/P 122163 06/01/07 198.33 OFFICE SYSTEMS CHUM AIR 122164 06/01/07 2,047.50 OUTBUPS T ADVERTISING AIR 122165 06/01/07 1,134,55 OWM & MINOR A/P 122166 06/01/07 1,025.70 PC MALL AIR 122167 06/01/07 634.75 PERFORMANCE FOOD GROUP. AIR 122168 06/01/07 19.30 PILLING WECE A/P 122169 06/01/07 173.63 POLYBEDCO INC. AIR 122170 06/01/07 412.50 POPULAR LEASING AIR 122171 06/01/07 15.25 POWER ELECTRIC AIR 122172 06/01/07 174.75 R G & ASSOCIATES INC AIR 122173 06/01/07 10,366.00 RCR PROTECT COOPERATIVE AIR 122174 06/01/07 448.40 SAM'S CLUB DIRECT A/P 122175 06/01/07 67.24 SHERWIN WILLIAMS A/P 122176 06/01/07 5,429.00 SO TEX BLOOD & TISSUE C A/P 122177 06/01/07 290.00 STANFORD VACUUM SERVICE AIR 122178 06/01/07 262.86 SON COAST RESOURCES, IN AIR 122179 06/01/07 3,177.86 SYSCO - SAN ANTONIO, LP AIR 122180 06/01/07 609.70 TLC STAFFING A/P 122181 06/01/07 6,288.00 TEXAS HOSPITAL INS EXCH AIR 122182 06/01/07 497.05 TIGER DIRECT, INC. AIR 122183 06/01/07 1,264.14 TRI-STATE HOSPITAL BURP A/P 122184 06/01/07 1,317.69 UNIFIRST HOLDINGS, L.P. A/P 122185 06/01/07 388.46 VERIZON SOUTHWEST AIR 122186 06/01/07 90.58 VEBIZON WIRELESS AIR 122187 06/01/07 11.00 TEO VICTORIA ADVOCATE A/P 122188 06/01/07 386.67 WALIART COMMUNITY AIR 122189 06/01/07 297.67 GRAINGER AIR 122190 06/01/07 100.00 X-RITR INC AIR 122191 06/01/07 145.00 MALIBU CONSTRUCTION AIR 122192 06/01/07 928.52 ARM AIR 122193 06/01/07 770.91 BOYXIN GEORGETTA TOTALS: 119,337.48 PAGE 2 GLCRREG 31 RUN DATE:07/05/07 MEMORIAL MEDICAL CENTER PAGE 1 TIME: 17:19 CHECK REGISTER GLCKREG 06/06/07 THRU 06/06/07 BANK--CAECR---------------------------------------------------- CODE NUMBER DATE AMOUNT PAYEE ------------------------------------------ A/P 122194 06/06/07 1,393.49 ANDERSON CONSULTATION S A/P 122195 06/06/07 267.49 ACE HARDNARE - pORTER,S A/P 122196 06/06/07 273.90 ACTION LUMBER A/P 122197 06/06/07 .00 VOIDED A/P 122190 06/06/07 23,843.55 AMBRISOURCSBERGEN DRUG A/P 122199 06/06/07 176.56 APPLIED MEDICAL A/P 122200 06/06/07 1,605.00 ALCON LABORATORIES INC A/P 122201 06/06/07 164.66 CARDINAL HEALTH A/P 122202 06/06/07 $30.99 CARDINAL HEAIJPH A/P 122203 06/06/07 30.00 ANNOUNCEMENTS PLUS A/P 122204 06/06/07 465.50 ASCENT BRALTHCARE SOLOT A/P 122205 06/06/07 396.50 AWESOMB PAGING INC A/P 122206 06/06/07 4.75 BANK OF AMERICA NS A/P 122207 06/06/07 2,171.79 BANK OF A1D3RICA A/P 122208 06/06/07 310.24 BANK OF AMERICA A/P 122209 06/06/07 3,453.90 BAXTER HEALTHCARE CORP A/P 122210 06/06/07 20,827.51 BECKMAN COULTER INC A/P 122211 06/06/07 226.00 BEST WESTERN PORT LAVAC A/P 122212 06/06/07 311.00 BOSTON SCIEDTIFIC CORPO A/P 122213 06/06/07 697.28 BROOKHOLLOW SPECIAL OCC A/P 122214 06/06/07 197.44 ANGIE BURGIN A/P 122215 06/06/07 104.28 ROBY CANTO A/P 122216 06/06/07 221.82 CHANNING L SITE CO INC A/P 122217 06/06/07 727.03 CINGULAR WIRELESS A/P 122218 06/06/07 50.34 CONNED CORPORATION A/P 122219 06/06/07 20.00 CBHLMA A/P 122220 06/06/07 118.49 COOK MEDICAL INCORPDRAT A/P 122221 06/06/07 870.40 SUDDENLINK MEDIA A/P 122222 06/06/07 319.45 THE COUNCIL COMPANY A/P 122223 06/06/07 333.99 CpSi A/P 122224 06/06/07 300.00 DAVIS R DAVIS, p.C, A/P 122225 06/06/07 195.46 EBLEN DAVIS A/P 122226 06/06/07 125.75 DELL FINANCIAL SERVICES A/P 122227 06/06/07 939.19 DELL MARKETING L.P. AN 122228 06/06/07 47.92 KATHERINE DIETZEL A/P 122229 06/06/07 229.50 DOLPHIN TALK A/P 122230 06/06/07 17.30 DIXIE FLAG MANUFAormuN A/P 122231 06/06/07 105.16 DRUMMOND AMERICAN CORP A/P 122232 06/06/07 40.00 MISTY PASSNORE A/P 122233 06/06/07 3,063.00 BSS A/P 122234 06/06/07 359.25 EDS DIRECT A/P 122235 06/06/07 314.10 ELSEVIER SCIENCE USA A/P 122236 06/06/07 4,489.03 ENTER A/P 122237 06/06/07 119.95 E-Z-BM, INC. A/P 122238 06/06/07 77.28 FEDERAL EXPRESS CORP, A/P 122239 06/06/07 2,338.64 FISHER HEALTHCARE A/P 122240 06/06/07 86.00 JOYCE FLANNIGAN A/P 122241 06/06/07 3,678.00 FRESENIUS USA MANOFACTU A/P 122242 06/06/07 169.00 G T PICKUP A DELIVERY A/P 122243 06/06/07 155.00 GREENHOUSE FLORAL DESIG 32 RUN DATE:07/05/07 MEMORIAL MEDICAL CENTER PAGE 2 TIME: 17:19 CHECK REGISTER GLCKREG 06/06/07 THRU 06/06/07 SANE -CHICK ------------ ----------------------- ----------------- CODE NUMBER DATE ---------------------------------------------------------------------------------""---""--- AMOUNT PAYEE A/P 122244 06/06/07 705.55 GULF COAST PAPER COMPAN A/P 122245 06/06/07 3,500.00 LLOYD LANE GOBER, ND P. A/P 122246 06/06/07 24.47 S E BUTT GROCERY A/P 122247 06/06/07 34.18 H + H S/Y/S/Y/S/N, INC. A/P 122248 06/06/07 1,344.65 BLUTH FORCE MEDICAL A/P 122249 06/06/07 131.92 SALLY J Him A/P 122250 06/06/07 100.01 PAT HRANICKY A/P 122251 06/06/07 528.90 TACKSOM COUNTY HBRALD A/P 122252 06/06/07 623,33 JAMIE JACOBY A/P 122253 06/06/07 55.97 JACK L. MARCUS, INC A/P 122254 06/06/07 657.38 VIBOi=A JONES A/P 12225E 06/06/07 770.00 KAvO-TV A/P 122256 06/06/07 99.00 KIlB3ERLY CLARK A/P 122257 06/06/07 38.00 KEY SURGICAL INC A/P 122258 06/06/07 6,573.74 LABCORP OF AMERICA HOLD A/P 122259 06/06/07 36.07 LANGUAGE LINE SERVICES A/P 122260 06/06/07 4,583.52 LUKER PHARMACY MANAGEM6 A/P 122261 06/06/07 41,475.75 MEMORIAL MEDICAL CENTER A/P 122262 06/06/07 27.71 MARK'S PLUMBING PARTS A/P 122263 06/06/07 252.00 MARKETLAB A/P 122264 06/06/07 15,52 JANE ECCARN A/P 122265 06/06/07 600,00 NED ASSETS ANALYTICAL S A/P 122266 06/06/07 84.20 MEDIBADGE A/P 122267 06/06/07 605.20 MBDRAD INC A/P 122268 06/06/07 63.83 NEGADYNE MEDICAL A/P 122269 06/06/07 200.00 MEMORIAL MEDICAL CENTER A/P 122270 06/06/07 71.16 m A/P 122271 06/06/07 1,619.20 MERIDIAN PROFESSIONAL S A/P 122272 06/06/07 988.85 BERRY X-RAY- SAN ANTOMI A/P 122273 06/06/07 212.31 SEC AUXILIARY A/P 122274 06/06/07 21.83 LINDA NEVER A/P 122275 06/06/07 2,249.30 NATIONAL BENEFITS PARTN A/P 122276 06/06/07 25.00 MICHELLE NOYAR A/P 122277 06/06/07 497.75 OFFICE COMMUNICATIONS S A/P 122278 06/06/07 1,245.00 OUTBURST ADVERTISING A/P 122279 06/06/07 .00 VOIDED A/P 122280 06/06/07 17,396.35 OWENS A MINOR A/P 122281 06/06/07 264.59 PC NALL A/P 122282 06/06/07 698.63 PERFORMANCE FOOD GROUP- A/P 122283 06/06/07 52.87 POLYMEDCO INC. A/P 122204 06/06/07 14.64 POWER ELBCTRIC A/P 122285 06/06/07 88.53 PROGRESSIVE DYNAMICS A/P 122286 06/06/07 414.40 QUILL CORPORATION A/P 122287 06/06/07 286.15 R G 4 ASSOCIATES INC A/P 122288 06/06/07 33,044.50 RELIANT ENERGY SOLUTION A/P 122289 06/06/07 15,474.97 REGIONAL CARE, INC A/P 122290 06/06/07 171.69 REGINA JOHNSON A/P 122291 06/06/07 1,535.02 JACKIE Him A/P 122292 06/06/07 127.00 SIEMENS WATER TECHNOLOG A/P 122293 06/06/07 74.66 SHERWIN WILLIAMS A/P 122294 06/06/07 139.00 SHIP SEUFTLE TAXI SERVI 33 RUN DATE:07/05/07 MEMORIAL MEDICAL CENTER TINE:17:19 PAGE 3 CHECK ABGISTBR GLCKREG 06/06/07 THRU 05/06/07 BANK --CHECK ---------------------------------------------------- CODE NUMBER DATE AMOUNT PAYEE A/P 122295 06/06/07 9,351.34 SOUTHEAST TEXAS HGSPITA A/P 122296 06/06/07 130.99 STRYKER SALES CORP A/P 122297 06/06/07 11015.25 DANETTE BETHANY A/P 122298 06/06/07 20.84 SYSCO - SAN ANTONIO, LP A/P 122299 06/06/07 727.62 STATE COMPTROLLER A/P 122300 06/06/07 30,108.78 THEM REHAB A/P 122301 06/06/07 461.03 TLC STAFFING A/P 122302 06/06/07 116,133.55 TEXAS CO R DISTRICT AST A/P 122303 06/06/07 230.24 TEXAS ELECTRICAL SUPPLY A/P 122304 06/06/07 129.90 TEXAS WIRED MUSIC INC A/P 122305 06/06/07 417.00 THE T SYSTEM. Its. A/P 122306 06/06/07 1,329.96 TAI-STATE HOSPITAL HUPP A/P 122307 06/06/07 85.00 TRIPLE D SECURITY CUBIC A/P 122308 06/06/07 72.28 UNIFIRST HOLDINGS A/P 122309 06/06/07 152.88 UNIFORM ADVANTAGE A/P 122310 06/06/07 4L968.05 UNIFIRST HOLDINGS, L.P. A/P 122311 06/06/07 15,928.49 UNIVERSAL HOSPITAL SERV A/P 122312 06/06/07 179.80 UNITED PARCEL SERVICE A/P 122313 06/06/07 165.19 UNITED STATES SURGICAL A/P 122314 06/06/07 134.83 ELVA VELA A/P 122315 06/06/07 11.00 THE VICTORIA ADVOCATE A/P 122316 06/06/07 90.00 VICTORIA COMMUNICATION A/P 122317 06/06/07 213.50 VITAL SIGNS INC A/P 122319 06/06/07 30.11 WaLNART Com=TY A/P 122319 06/06/07 1,149,91 WASTE MAMMEMNT A/P 122320 06/O6/07 802.37 WATERMARK GRAPHICS INC A/P 122321 06/06/07 25.71 ELIZABETH WESTBROOK A/P 122322 06/06/07 296.99 GRAINGBR A/P 122323 06/06/07 697.32 WINDSOR SUITES A/P 122324 06/06/07 13.58 MICHAEL WRIGHT A/P 122325 06/06/07 334.00 YVONNE FELKINS A/P 122326 06/06/07 1.50 YOUNG PLUMBING CO A/P 122327 06/06/07 204.78 Zimm US, INC. A/P 122328 D6106/07 1,007.79 HIGMWX BLUE SHIELD A/P 122329 06/06/07 148.28 HIGRMARK BLUE SHIELD A/P 122330 06/06/07 27.20 HIGHMUA BLUE SHIELD TOTALS: 402,909.22 34 RON DATE:07/05/07 MEMORIAL MEDICAL CENTER TIME:17:19 CHECK REGISTER 06/14/07 TRRU 06/14/07 BANK --CHECK ---------------------------------------------------- CODE NUMBER DATE AMOUNT PAYEE ---------------------. A/P 121550 06/14/07 1,231.65CR EMBASSY SUITES ROTEL DA TOTALS: 1,231.65CR PAGE 1 GLCEREG 35 RUN DATR:07/05/07 MEMORIAL MEDICAL CANTER PAGE 1 TIME: 17:19 CHECK REGISTER GLCEREG 06/13/07 THRU 06/13/07 BANK --CHECK__________-_ CODE NUMBER DATE AMOUNT PAYEE A/P 122331 06/13/07 15,056.92 AMERISOURCEBSAGEN DRUG A/P 122332 06/13/07 95.71 APPLIED MEDICAL A/P 122333 06/13/07 150.00 AMERICAN HOSPITAL ASSOC A/P 122334 05/13/07 407.00 ANITA FRic88 - COUNTY C A/P 122335 06/13/07 2,914.00 ALCON LABORATORIES INC A/P 122336 06/13/07 3,368.56 AIRGAB-SOUTHWEST A/P 122337 06/13/07 20.44 ALLEN MEDICAL SYSTEMS, A/P 122338 06/13/07 1,290.00 ANERICAN KIDNEY FOND A/P 122339 06/13/07 205.40 ASCENT HEALTHCARE SOLUT A/P 122340 06/13/07 500.00 SUBBA BVERRING A/P 122341 06/13/07 581.36 BEATER HEALTHCARE CUSP A/P 122342 06/13/07 254.00 BIONST INC A/P 122343 06/13/07 16.98 JANICS COBOS A/P 122344 06/13/07 1,603.00 CAL COM FEDERAL CREDIT A/P 122345 06/13/07 970.00 CAD SOLUTIONS, INC A/P * 122346 06/13/07 45.59 RUBY CM A/P 122350 06/13/07 7,984.62 GREGORY COWART, CRHA A/P 122351 06/13/07 384.95 THE COUNCIL COMPANY A/P 122352 06/13/07 13,075.90 CPSi A/P 122353 06/13/07 57.09 NELISSA CUNPIAN A/P 122354 06/13/07 215.83 HELEN DAVIS A/P 122355 06/13/07 119.87 DI -CM, INC. A/P 122356 06/13/07 62.09 KATHERINE DIETZEL A/P 122357 06/13/07 44.10 DOWNTOWN CLEANSES A/P 122359 06/13/07 33.67 EBERGENCy MEDICAL PRODU A/P 122359 06/13/07 104.93 FEDERAL HXPRSSS CORP. A/P 122360 06/13/07 3,130.00 FARM STREET FINANCIAL A/P 122361 06/13/07 400.00 FORT BEND SERVICES, INC A/P 122362 06/13/07 47.20 THE FURNITURE GALLERY A/P 122363 06/13/07 594.43 FRssmiDS USA MANOFACTU A/P 122364 06/13/07 1,591.41 GE MEDICAL SYSTEES A/P 122365 06/13/07 2,463.57 GARDENLAND NURSERY A/P 122366 06/13/07 61.11 BETTY GARZA A/P 122367 06/13/07 24,956.71 GE HEALTHCARE FIN SRVS A/P 122369 06/13/07 602.24 GULF COAST PAPER COMPM A/P 122369 06/13/07 126.05 HACH CONPAMy A/P 122370 06/13/07 1,017.06 HOLIDAY INN SAN JOSS A/P 122371 06/13/07 109.13 HEALTEMARK INUOSTRIES A/P 122372 06/13/07 109.13 SALLY J HICKL A/P 122373 06113/07 30.70 PAT RRANZCKy A/P 122374 06/13/07 74.00 IRON OFFICE SOLUTIONS A/P 122375 06/13/07 1,940.81 INSTITUTIONAL TRUST CON A/P 122376 06/13/07 96.91 INPEGRA LIFESCIENCES CO A/P 122377 06/13/07 28,804.00 ITA RESOURCES, INC A/P 122378 06/13/07 367.64 JAMIE JAcoBy A/P 122379 06/13/07 155.84 JACK L. MARCUS, INC A/P 122380 06/13/07 101.49 SHIRLEY KARREI A/P 122381 06/13/07 40.00 LEGAL EAGLE EYE NEWSLET A/P 122382 06/13/07 5,394.62 LAKESIDE ANESTHESIA PLL A/P 122383 06/13/07 101.10 CONNED LINVATEC CORPORA 36 RUN DATE:07105/07 MEMORIAL MEDICAL CENTER PAGE 2 TIME:17:19 CHECK REGISTER GLCRNBG 06/13/07 THRU 06/13/07 BANE --CHECK----------------------------------------------- _____ CODE NUMBER DATE -----------------------------------------------------------------------------------------------. AMOUNT PAYEE A/P 122394 06/13/07 1,337.20 LIFELINE SYSTEMS INC, A/P 122385 06113/07 300.00 MEMORIAL MEDICAL CENTER A/P 122386 06/13/07 83,184.00 MEMORIAL MEDICAL CENTER A/P 122387 06/13/07 5,384.62 TERRY W XCCLAIN CREA A/P 122388 06/13/07 92.64 JANE MCCARN A/P 122309 06/13/07 2,100.00 MW ASSETS ANALYTICAL B A/P 122390 06/13/07 60.40 nc AUXILIARY A/P 122391 06/13/07 71.30 LINDA MEYER LIP 122392 06/13/07 1,585.23 OPEX COMMUNICATIONS A/P 122393 06/13/07 296.70 OMNI - CORPUS CERISTI A/P 122394 06/13/07 8,432.84 OWENS & MINOR A/P 122395 06/13/07 516.00 PALACIOS BEACON A/P 122396 06/13/07 11,738.25 PARRISH MOODY & FIKES, LIP 122397 06/13/07 265.58 PC MALL A/P 122398 06/13/07 198.95 PRETAX MEDICAL COMPANY A/P 122399 06/13/07 683.32 PERFORMANCE FOOD GROUP- A/P 122400 06/13/07 20.00 PHILIP THOMAS PROTOGRAP A/P 122401 06/13/07 15.93 PHILIPS MEDICAL SYSTEMS A/P 122402 06/13/07 1,950.00 PREMIER SLEEP DISORDERS A/P 122403 06/13/07 1,200.00 D S POSTAL SBRVICB A/P 122404 06/13/07 233.20 QUILL CORPORATION A/P 122405 06/13/07 522.75 R G & ASSOCIATES INC A/P 122406 06/13/07 600.00 RADIOLOGY UNLIMITED A/P 122407 06/13/07 166.15 MIA D RESENDEZ A/P 122408 06/13/07 174.52 LINDA RUDDICK A/P 122409 06/13/07 325.00 SELMAN-HOLHAN & ASSOC, A/P 122410 06/13/07 6,908.40 DR CRAIG SHAPFER A/P 122411 06/13/07 124.83 ST JOHN RECORD PROGRAMS A/P 122412 06/13/07 138.46 ANGELA X STRAUSS A/P 122413 06/13/07 268.88 SUN COAST RESOURCES, IN A/P 122414 06/13/07 3,148.49 SYSCO - SAN ANK4II0, LP A/P 122415 06/13/07 190.00 NICK STEFEW A/P 122416 06/13/07 10,000.00 TEAM REHAB A/P 122417 06/13/07 873.06 TLC STAFFING LIP 122418 06/13/07 23,984.00 TOSHIBA AMERICA MEDICAL A/P 122419 06/13/07 2,429.00 LOCXBOX TEXAS DEPT OF A/P 122420 06/13/07 94,522.36 TRW EMERGENCY ROOM BE LIP 122421 06/13/07 117,89 TEXAS GUARANTEED STUDER A/P 122422 06/13/07 222.09 TIMBMED LABELING SYSTEN A/P 122423 06/13/07 4,038.75 TRI-STATE HOSPITAL SOPP LIP 122424 06/13/07 25.00 TORCH A/P 122425 06/13/07 1,058.26 UNIFIRST HOLDINGS, L.P. A/P 122426 06/13/07 199.50 UNITED WAY OF CALHOUN C A/P 122427 06/13/07 157.14 ELVA VELA A/P 122428 06/13/07 987.23 VERIZON SOUTHWEST A/P 122429 06/13/07 4,274.25 THE VICTORIA ADVOCATE A/P 122430 06/13/07 7.58 WALMART COMMUNITY A/P 122431 06/13/07 80.51 ELIZABETH WESTBROOK A/P 122432 06/13/07 78.75 GRAINGER A/P 122433 06/13/07 428.93 WOLTERS KLUWER HEALTH, A/P 122434 06/13/07 182.99 AMBER WRIGHT 37 ADS DATE:07/05/07 MEMORIAL MEDICAL CHSPER TISS:17:19 PAGE 3 CHECK ASGIETBA GLCRASG 06/13/07 THAD 06/13/07 SANR--CHSCS--------------------------------- CODS NUMBER DATE AMOUNT PATES _----_---._•--__-----•-----._ A/P 122435 06/13/07 ___________ 81001.00 WINTHROP RESOURCES CORP UP 122436 06/13/07 776.00 WATER E POWER TECKHOLOO A/P 122437 06/13/07 44.66 R US, INC. TOTALS: 396,469.82 m RUN DATE:07/05/07 MEMORIAL MEDICAL CENTER PAGE 1 TIMS:17:20 CHECK REGISTER GLCKREG 06/20/07 THRO 06/20/07 BANK --CHECK ---------------------------------------------------- CODE NUMBER DATE AMOUNT PAYER A/P 122438 06/20/07 76.64 ABBOTT LABORATORIES A/P 122139 06/20/07 67.57 ACE RARLwARH - PORTMN,S A/P 122440 06/20/07 .00 VOIDED A/P 122441 06/20/07 5,263.37 AMRIHODRCEBERGEN DRUG A/P 122442 06/20/07 73.60 AIRGAS-gOUTFCmn A/P 122443 06/20/07 1,000.48 CARDINAL HEALTH A/P 122444 06/20/07 1,539.60 AMERICAN XIWIRY FUND A/P 122445 06/20/07 608.90 AMERICAN PIONEER A/P 122446 06/20/07 130.95 AQUA BEVERAGE COMPANY A/F 122447 06/20/07 97.30 HAD= AMID A/P 122448 06/20107 344.00 ASPEN PUBLISHERS INC A/P 122449 06/20/07 145.00 ASCENT HEALTHCARE SOLUT A/P 122450 06/20/07 110.00 ASPAN A/P 122451 06/20/07 445.96 BARD MEDICAL A/P 122452 06/20/07 974.43 BAXTER HEALTHCARE CORP A/P 122453 06/20/07 1,894.25 BECKMAN COULTER INC A/P 122454 06/20/07 149.90 RUBY CAM A/P 122455 06/20/07 18.47 CVC INCORPORATED A/P 122456 06/20/07 184.94 CMD CORPORATION A/P 122457 06/20/07 439.20 SDDDENLINM MEDIA A/P 122458 06/20/07 745.27 THE COUNCIL COMPANY A/P 122459 06/20/07 81.95 CPSI A/P 122460 06/20/07 86.45 DJO,LLC A/P 122461 06/20/07 500.71 DADS HERRING A/P 122462 06/20/07 232.80 HELEN DAVIS A/P 122463 06/20/07 737.50 DEPT OF STATE HEALTH HE A/P 122464 06/20/07 32.01 KATHERINE DIETZEL A/P 122465 06/20/07 670.48 DIVERSIFIED BUSINESS Sy A/P 122466 06/20/07 166.58 OLE PAPER A PACKAGING A/P 122467 06/20/07 53,00 MISTY PASSMORS A/P 122468 06/20/07 20.88 ECOLAB A/P 122469 06/20/07 1,213.64 ENVIROCLEAN MGT SERVICE A/P 122470 06/20/07 62.13 FEDERAL EXPRESS CORP. A/P 122471 06/20/07 4,856.24 FISHER HEALTHCARE RIF 122472 06/20/07 614.12 PORT DEARBORN LIFE INSU A/P 122473 06/20/07 65.00 G T PICKUP A DELIVERY A/P 122474 06120/07 924.96 GOLF COAST PAPER COWAN A/P 122475 06/20/07 1,152.00 HEALTH FORCE MEDICAL A/P 122476 06/20/07 143.56 SALLY J HICKL A/P 122477 06/20/07 65.38 PAT HRANICKY A/P 122478 06/20/07 7,096.32 IRON PIIANCIAL SERVICES A/P 122479 06/20/07 1,285.58 iNFOLAE INC A/P 122480 06/20/07 49.49 INSTRUMENTATION LAHORAT A/P 122481 06/20/07 6,900.00 INTEGRATED REVENUE MAN& A/P 122482 06/20/07 109.04 JANIE JACOBY A/P 122483 06/20/07 228.81 JACK L. MARCUS, INC &/P 122484 06/30/07 4,078.62 LABCORP OF AMERICA HOLD A/P 122485 06/20/07 4,583.52 LUKER PHARMACY MAtU1GEME A/P 122486 06/20/07 500.00 MEMORIAL EBRMANN HOSPIT A/P 122487 06/20/07 29,776.59 MEMORIAL MEDICAL CENTER 39 RUN DATE:07/05/07 XWOR L EEDICAL Cwm PAW 2 TIES: 17:20 CHIM REGISTER 06/20/07 TRW 06/20/07 GLCEREG RARR--CHXCR-------------------------------------------------- MDB EMU DATE ANOW PAYEE A/P 122488 06/20/07 31.53 JANE gCmm A/P 122489 06/20/07 502.22 MAID INC A/P 122490 06/20/07 200.00 EBffiORIAL EBDICAL COW A/P 122491 06/20/07 4,321.40 EBRRY %•RAY- SAN AHTONI A/P 122492 06/20/07 62.08 LINDA BYER A/P 122493 06/20/07 839.06 NMTAIH A ASSOCIATES A/P 122494 06/20/07 1,005.55 PER-99 TBCHEOLOGIES A/P 122495 06/20/07 2,695.89 OWBEE F IIROR A/P 122496 06/20/07 150.00 PALEBM GEA A/P 122497 06/20/07 533.30 FmnRmum FOOD GROUp. A/P 122498 06/20/07 207.00 Pn%ff BORES IC A/P 122499 09/20/07 100.00 THE PRODUCTION GROUP A/P 122500 06/20/07 223.20 QUEST DIAGEDMCS A/P 122501 06/20/07 316.38 R A D BATTERIES INC A/P 122502 06/20/07 105.25 R G A Ag60CIATEg D9C A/P 122503 06/20/07 35.00 RADiOLOGY mmngTBD A/P 122504 06/20/07 51.49 RBCMABLB EAEA(AMM' A/P 122505 06/20/07 109.01 RELIANT HEERGY SOLUTION A/P 122506 06/20/07 132.89 RBGM TOHNSON A/P 122507 06/20/07 10,366.00 RCH PROTECT COOpERATIVB A/P 122508 06/20/07 1,096.12 $ANOFI PASTHOH MC A/P 122509 06/20/07 109.99 SEARS A/P 122510 06/20/07 297.00 SENIOR SPAEDARD A/P 122511 06/20/07 393.41 SBHRM WILLIAMS A/P 122512 06/20/07 80.51 SIG" SIZES A/P 122513 06/20/07 127.76 SmM HARM A/P 122514 06/20/07 4,740.00 SO THE BLOOD A TISSUE C A/P 122515 06/20/07 515.50 SPECTRA LABORATORIES A/P 122516 06/20/07 4,263.40 STSCO - SAN AEPOZtiO, LP A/P 122517 06/20/07 440.00 STBRIS CORPORATION A/P 122518 06/20/07 93.07 TEAK REM A/P 122519 06/20/07 1,162.25 TLC STAFF= A/P 122520 06/20/07 675.73 TADS PAINT A BODY SHOP A/P 122521 06/20/07 151.48 TIGER DIRECT, INC. A/P 122522 06/20/07 279.92 TRI-STATE HOSPITAL SUPP A/P 122523 06/20/07 36.14 ONIpIRST HOLDFEGS A/P 122524 06/20/07 3,167.97 UNIFIRST HOLDINGS, L.P. A/P 122525 06/20/07 1,442.26 UNITED STATES 9DRGICAL A/P 122526 06/20/07 390.00 THE UNIVERSITY OF TX AT A/P 122527 06/20/07 160.05 ELVA VELA A/P 122528 06/20/07 1,536.56 VERIEOE SOPTH607ST A/P 122529 06/20/07 30.00 VITAL STATISTICS A/P 122530 06/20/07 169.29 EALNAAT CO4II4R92TY A/P 122531 06/20/07 64.99 ELIZABETH WESTEBOOE A/P 122532 06/20/07 39.00 GRAIEGBR A/P 122533 06/20/07 240.00 x-RITE INC A/P 122534 06/20/07 12.95 YOM PLUEBING CO A/P 122535 06/20/07 721.18 Bimm US, INC. A/P 122536 06/20107 330.99 TRISTAR INS GROUP A/P 122537 06/20/07 263.70 BLUE CROSS A BLUE SSISL A/P 122538 06/20/07 952.00 HIGH = HIM SHIELD m NOW DM;07/05/07 B10WRIAL MMCAL CB@PBR TDRS: 17:20 CBRCR RSGISTSS 06/20/07 MU 06/20/07 Blw--Cnm--------------•__••-------------__----_•------------ CODS Mman DATS AMOUNT PAM A/P 122539 06/20/07 250.55 APLAC A/P 122540 06/20/07 50.00 GALVAN IRSNS *** A/P 122541 06/20/07 952.00 MEN RDTS T A/P 122542 06/20/07 1,011.75 MUN ELVIN A/P 122543 06/20/07 125.67 NCSAY DA78 A/P * 122544 06/20/07 80.75 SLY SASAS A/P 1225d8 06/20/07 150.00 DISSSL PBAHRS A/P 122549 06/20/07 25.00 GALVAN INSS6 TOTALS: 130,253.35 PAGE 3 GLCSRSG 41 RUN DATE:07/05/07 MOMMIAL MEDICAL, CE6}TBR PAGE 1 T18Ea17:20 CHECK RBGISTSE GLCRBBG 06/27/07 THRU 06/27/07 am--CEW ---------------------------------------------------- com NUMBER DATE AMOUNT PAYER A/P 122550 06/27/07 183.91 ACE HARDWARE - pOATBR,S A/P 122551 06/27/07 6.00 ACTION LUMBER A/P 122552 06/27/07 .00 VOIDED A/P 122553 06127/07 34,462.37 AXWSOURCEBRRUMM DRDO A/P 122554 06/27/07 107.61 CARDINAL HEALTH A/P 122555 06/27/07 4,305.06 AFLAC A/P 122556 06/27/07 2,509.15 CARDINAL HEALTH A/P 122557 06/27/07 75.41 ALL SAFETY A SUPPLY A/P 122558 06/27/07 59.00 AANOUHCEEmm PLUS A/P 122559 06/27/07 173.50 AM REVBRAGR COMPANY A/P 122560 06/27/07 502.50 ASCENT BRUMCAER SMUT A/P 122561 06127/07 45.00 A10SSOHE PAGINU INC A/P 122562 06/27/07 233.58 C R BARD IHC A/P 122563 06/27/07 1,649.60 BARTER RR6mnniou CORp A/P 122564 06/27/07 10,555.53 BECOW COULTER EEC A/P 122565 06/27/07 210.38 REM MEDICAL INC A/P 122566 06/27/07 1,578.00 CAL CON FEDERAL CREDIT A/P 122567 06/27/07 0,303.88 CALHOUN COUNTY EMS A/P 122568 06/27/07 141.14 RUBY CANPD A/P 122569 06/27/07 784.00 CARROLL SIGN MASTERS A/P 122570 06/27/07 31.66 CVC INCOHpORATSD A/P 122571 06/27/07 7,884.62 GREGORY CONART, CRNA A/P 122572 06/27/07 3.80 CTNGOLAR SPIRRLESS A/P 122573 06/27/07 5,230.45 CITY OF PORT LAVACA A/P 122574 06/27/07 8,953.00 COASTAL MEDICAL CLINIC A/P 122575 06/27/07 29.10 LAURA CORNETT A/P 122576 06/27/07 390.00 COLBY MANDFACTURIMG COR A/P 122577 06/27/07 750.00 COLDMEDL BA20JiR RUSSELL A/P 122578 06/27/07 716.45 THE COUNCIL COMPANY AIP 122579 06/27/07 372.60 Cpsi A/P 122580 06/27/07 49.00 DJO,LLC AIF 122581 06/27/07 517.8'. DADS BERRING RIP 122582 06/27/07 163.93 HELEN DAVIS A/P 122583 06/27/07 427.92 JANBTTE DEBORD A/P 122584 06/27/07 279.40 DIESEL OIL CO IMC A/P 122505 06/27/07 42.63 KATHERINE DIETEEL A/P 122586 06/27/07 200.00 EL CAMPO MEMDRIAL HOSPI A/P 122587 06/27/07 239.72 EDWARDS LIFBSCIERCES A/P 122589 06/27/07 24.13 FEDERAL ERpRBBS CORE, A/P 122589 06/27/07 2,208.80 FISHER HEALTHCARE A/P 122590 06/27/07 3,641.29 msENIUS USA MANOPACTU A/P 122591 06/27/07 138.74 GARDRHLANO M URRY A/P 122592 06/27/07 1,162.30 MY= USA A/P 122593 06/27/07 434.22 GULF COAST PAPER COMpM A/P 122594 06/27/07 51.18 R E BUTT GROCERY A/P 122595 06/27/07 10.07 HEALTH CARS LOGISTICS I A/P 122596 06/27/07 2,329.00 HEALTH FORCE MEDICAL A/P 122597 06/27/07 144.53 SALLY d HIm A/F 122598 06/27/07 136.04 PAT HEAHICRY A/P 122599 06/27/07 711.00 IS= FINIAL SERVICES 42 RUT DITS:07/05/07 MEMORIAL MEDICAL CRATER PIGS 2 TIME:17:20 CHECK REGISTER GLCKRSG 06127/07 TRW 06/27/07 sm-MCK ---------------------------------------------------- MDR NUMBER DATE --------------------•----____.-------------------------- AMOUNT PAYEE A/P 122500 06/27/07 95.73 INFOLAE INC A/P 122601 06/27/07 2,146.68 INSTITUTIONAL TRUST CON LIP 122602 06/27/07 192.00 INETROMSHTATIUN LABORAT A/P 122603 06/27/07 261.04 LVANS A/P 122604 06/27/07 90.00 JECKER FLOOR A GLASS LIP 122605 06/27/07 202.70 KCI USA A/P 122606 06/27/07 59.20 HRIANNS LOVETT EEy A/P 122607 06/27/07 5,304.62 LAKESIDE AN66TRBSIA PLL A/P 122608 06/27/07 33,522.24 MEMORIAL EmicAL CENTER AIP 122609 06/27/07 11.64 TRISHA MBLENDEZ LIP 122610 06/27/07 100.97 NAINE STANDARDS CO., LL RIP 122611 06/27/07 370.90 MALLINCKRODT INC A/P 122612 06/27/07 66.82 NAEK'E PLQNDW PARTS A/P 122613 06/27/07 3,301.62 TBERY W MCCWDB CRNA LIP 122614 06/27/07 61.11 JAMS MCCRRN A/P 122615 06/27/07 1,024.77 MEDEAD INC A/P 122616 06/27/07 587.35 MATLYFE A/P 122617 06/27/07 3,579.80 SUDIAN PROFESSIONAL S A/P 122618 06/27/07 928.63 MERRY X-RIy- SAN ANTONI A/P 122619 06/27/07 80.03 LINDA mm RIP 122620 06/27/07 58.20 MICHELLE NOVAK LIP 122621 06/27/07 200.00 OUTBURST ADVERTISING KIP 122622 06/27/07 5,485.07 OWRNB A MINOR A/P 122623 06/27/07 30.60 PILLING NECK A/P 122624 06/27/07 756.00 PITERY BONS INC A/P 122625 06/27/07 502.81 SANDRA PINKERTON A/P 122626 06/27/07 1,000.00 0 S POSTAL SERVICE LIP 122627 06/27/07 170.81 PROGRESSIVE DYNAMICS A/P 122620 06/27/07 514.20 QUILL CORPORATION A/P 122629 06/27/07 196.60 R G A ASSOCIATES INC RIP 122630 06/27/07 825.50 RED HAWK A/P 122631 06/27/07 35.00 RANDy,S FLOOR CONPANF A/P 122632 06/27/07 5,750.00 RADIOLOGY UNLIMITED A/P 122633 06/27/07 35,317.79 RELIANT ENERGY SOLUTION A/P 122634 06/27/07 205.63 RPC REPROCESSING PRODUC A/P 122635 06/27/07 426.00 RESpORSNE PROVIDERS IN RIP 122636 06/27/07 166.15 MARIA D RESENDSE A/P 122637 06/27/07 91.67 REGINA JOHNSON A/P 122638 06/27/07 240.05 SHSRWIN WILLIAMS A/P 122639 06/27/07 138.46 AHGELA R STRAOSS A/P 122640 06/27/07 220.00 LAU BUICK A/P 122641 06/27/07 4,217.12 SYSCO - SAN ANTONiO, Lp A/P 122642 06/27/07 165.00 NICK STEPHENS A/P 122643 06/27/07 10,037.10 TEAM RBEAE A/P 122644 06/27/07 160.00 THCHSCAN INCORPORATED A/P 122645 06/27/07 224.25 TLC STAFFING A/P 122646 06/27/07 10,135.33 TAC UNmLoysw FUND A/P 122647 06/27/07 81,078.90 TEXAS CO R DISTRICT RST A/P 122648 06/27/07 320.35 TEXAS ELECTRICAL SUPPLY RIP 122649 06/27/07 117.89 TEXAS GUARANTEED STUDER A/P 122650 06/27/07 1,957.35 TRI-STATE HOSPITAL SUpp E? RUN DATE:07/05/07 RENORIAL REDICAL CUM PAGE 3 TnM:17:20 coo REGISTER GLCRRRO 06/27107 THRU 06/27/07 Rw--CH&m CODE HOMER DATE ANOURT PAYER A/P 122651 06/27/07 72.29 UNIPIIIST gOLDIM UP 122652 06/27/07 478.63 UIMPOIDI ADPAVTASE A/P 122653 06/27/07 5,202.62 URIPIEST EOLDIBGS, L.P. A/P 122654 06/27/07 15,928.49 UELVEABAL HOSPITAL SRRV A/P 122655 06/27/07 197.50 OR= WAY OF CALM C A/P 222656 06/27/07 450.00 US POSTAL SERVICE A/P 122657 06/27/07 151.81 ELPA VELA A/P 122659 06/27/07 312.53 VERISCR SOMMEST A/P 122659 06/27/07 33.00 TM VICTORIA ADVOCATE A/P 122660 06/27/07 104.94 WALRART CORRORITI A/P 122661 06/27/07 199.97 WATERRARE GRAPHICS INC A/P 122662 06/27/07 174.27 SUE WILLIAM A/P 122663 06/27/07 70.33 GRAMR A/P 122664 06/27/07 134.53 EIRtffiR US, INC. A/P 122665 06/27/07 201.35 UNITED TEACHER ASSOC JU A/P 122666 06/27/07 10.23 POSTEJO7SRY LORERE TOTALS: 342,107.87 m 45 CIHCP MONTHLY FINANCIAUACTIVITY REPORT COUNTY NAME Calhoun REPORT MONTH/YEAR July-2007 1. Application / Case Data CASES 1. Applications Approved Durin Re ort Month 6 2. Applications Denied During Report Month 23 3. Active Cases Denied During Report Month 16 11. Creditable Expenditures During Report Month 1. Physician Services $ 13,805.38 2. Prescription Drugs $ 31,611.40 3. Hospital, Inpatient Services $ 3,054.96 4. Hospital Outpatient Services $ 20 802.29 5. Laboratory / X-RayServices $ 2,691.26 6. Skilled Nursing Facility Services $ - 7. Family Planning $ - Subtotal $ 71,965.29 CIHCP Refund $ E uals {_} REPORT MONTH TOTAL $ 71,965.29 FISCAL YEAR TOTAL $741,871.03 _ _ C4v y/JC,a_� Signature of Person Submitting Report 7/612007 Date Print Name and Title Monica Escalante r:IHrP r:nnrrlinntnr m PUBLIC HEARING REGARDING SALE OF MEMORIAL MEDICAL CENTER DIALYSIS CENTER: Judge Pfeifer opened the Public Hearing regarding sale of Memorial Medical Center Dialysis Center at 10:05 a.m. There were no public Comments. Judge Pfeifer closed the Public Hearing at 10:07 a.m. SALE OF MEMORIAL MEDICAL CENTER TO RENAL TREATMENT CENTERS — SOUTHEAST, LP (DAVITA) AND AUTHORIZE COUNTY JUDGE TO SIGN DOCUMENTS RELATING TO SAME: Passed on this Agenda Item. LEASE OF MEMORIAL MEDICAL PLAZA TO RENAL TREATMENT CENTERS — SOUTHEAST, LP (DAVITA) AND AUTHORIZE COUNTY JUDGE TO SIGN DOCUMENTS RELATING TO SAME: Passed on this Agenda Item. AUTHORIZE DRAW DOWN OF FUNDS HELD BY CALHOUN COUNTY AS SECURITY FOR INFRASTRUCTURE COMPLETION ON SANCTUARY PHASE 1 AND 2 FOR D.H. TEXAS DEVELOPMENT, LP: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to authorize draw down of funds held by Calhoun County as security for Infrastructure Completion on Sanctuary Phase 1 and 2 for D.H. Texas Development, L.P. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS APPROVING DRAW DOWN FOR D.H. TEXAS DEVELOPMENT, L.P. WHEREAS, the Calhoun County Subdivision Regulations require a Sub -divider of Land to post appropriate financial security for 110% of the construction costs of certain infrastructure proposed in a Final Plat, as a condition for the filing of a Final Plat of record by the Calhoun County Commissioner's Court; and, WHEREAS, the Calhoun County Commissioner's Court approved the Final Plat of The Sanctuary Subdivision, Phases 1 and 2 on March 9, 2006; and, WHEREAS, the Calhoun County Commissioner's Court approved D.H. Texas Development, L.P.'s financial security in the form of a cash deposit in the amount of $7,736,698.00 in two separate payments of $4,819,850.00 (Phase 1 on May 11, 2006) and $2,916,848.00 (Phase 2 on August 16, 2006); and, WHEREAS, D.H. Texas Development, L.P., the Sub -divider of The Sanctuary requests from the Commissioner's Court permission to draw down a portion of the cash deposit because it has completed a portion of the work as certified by Tom Schmidt, PE of Urban Engineering; and, WHEREAS, the Calhoun County Subdivision Regulations allow for this draw down; and, WHEREAS, Tom Schmidt, P.E. of Urban Engineering has certified Pay Estimates 1 through 4 for Mercer Construction Company for water and sewer improvements in the total amount of $899,724.74. NOW THEREFORE, BE IT KNOWN: The Calhoun County Commissioner's Court hereby approves D.H. TEXAS DEVELOPMENT, L.P.'S request to draw down a portion of the cash deposit held in escrow with the Calhoun County Treasurer in the amount of $672,094.38, which is 90% of the approved pay estimates, adjusted for the actual costs of construction. The Calhoun County Commissioner's Court further ORDERS that the remaining financial security as evidenced by said cash deposit shall remain deposited with the Calhoun County Treasurer in escrow to ensure the completion of certain infrastructure as depicted in the Final Plats. The sum remaining on deposit following the draw down approved herein is $7,064,603.62, plus any accrued interest on those amounts. PASSED, ADOPTED AND APPROVED, on this 26th day of July, 2007. ichael Jt litdr, lCounty Judge I C. alvan Vern Lyssy in ounty C94issioner, Pct. 1 Calhoun County Commissioner, Pct. 2 eil 4frits'ch Kenneth W. Finster Calhoun County Commissioner, Pct. 3 Calhoun County Commissioner, Pct. 4 ATTEST: ANITA FRICKE CALHOUN COUNTY CLERK By: Wendy Ma in, Deputy 2 FINAL DRAW DOWN OF LETTER OF CREDIT HELD BY CALHOUN COUNTY AS SECURITY FOR INFRASTRUCTURE COMPLETION ON CARACOL FOR BLACKBERRY ISLAND, LP: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to authorize final draw down of Letter of Credit held by Calhoun County as security for Infrastructure Completion on Caracol for Blackberry Island, L.P. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS APPROVING FINAL DRAW DOWN FOR BLACKBERRY ISLAND, LP WHEREAS, the Calhoun County Subdivision Regulations require a Sub -divider of Land to post appropriate financial security for 110% of the construction costs of certain infrastructure proposed in a Final Plat, as a condition for the filing of a Final Plat of record by the Calhoun County Commissioner's Court; and, WHEREAS, the Calhoun County Commissioner's Court approved the Preliminary Plat of CARACOL on July 13, 2006; and, WHEREAS, the Calhoun County Commissioner's Court approved Blackberry Island, LP's irrevocable letter of credit in the amount of $1,556,500.00; and, WHEREAS, Blackberry Island, LP (`Blackberry"), the Sub -divider of CARACOL requests from the Commissioner's Court permission to draw down a portion of the irrevocable letter of credit because it has completed a portion of the work as certified by Urban Engineering; and, WHEREAS, the Calhoun County Subdivision Regulations and the Court's resolution on August 10, 2006 allows for this draw down; and, WHEREAS, on January 25, 2007 the Commissioner's Court approved the draw down of Pay Estimate 1 and Pay Estimate 2 in the total amount of $253,986.19; and WHEREAS, on February 22, 2007 the Commissioner's Court approved the draw down of Pay Estimate 3 in the total amount of $179,545.73; WHEREAS, on April 12, 2007 the Commissioner's Court approved the draw down of Pay Estimate 4 in the total amount of $76,153.27; WHEREAS, on May 10, 2007 the Commissioner's Court approved the draw down of Pay Estimate 5 (Mercer) and Pay Estimate 1 (D&W Construction) in the total amount of $220,294.75; WHEREAS, on June 14, 2007 the Commissioner's Court approved the draw down of Pay Estimate 6 (Mercer) and Pay Estimate 2 (D&W Construction), less the overage of Pay Estimate 5 (Mercer) in the total amount of $414,969.38; WHEREAS, Urban Engineering has certified that the CARACOL project is complete, save and except Storm Sewer Improvements in Commerce Street and in the County's Easement along 71h Street, Port O'Connor, Texas, which cannot be complete until the Corps of Engineers' permit is received by Blackberry. Further, Urban Engineering has certified that the cost to complete the remaining improvements is $38,820.00; WHEREAS, the County subdivision regulations provide that the Sub -divider of property place financial security in the amount of 110% of the cost of the improvements and allow 90% of the amount to be drawn down as construction is completed; WHEREAS, based on Urban Engineering's certified amounts, the regulations provide that the County should be holding the sum of $319,702.00 in order to provide security that the infrastructure will be constructed; NOW THEREFORE, BE IT KNOWN: The Calhoun County Commissioner's Court hereby approves BLACKBERRY ISLAND, LP'S request to draw down the irrevocable letter of credit held in escrow with the Calhoun County Commissioner's Court in the amount $206,344.51, which amount is 2 the difference between the amounts that should be held as security pursuant to the County's subdivision regulations ($319,702.00) and the amount currently held by the County ($526,046.51); and The Calhoun County Commissioner's Court further ORDERS that the remaining funds as evidenced by said irrevocable letter of credit in the amount of $319,702.00 shall remain in holding by the Calhoun County Judge in escrow to ensure the completion of certain infrastructure as depicted in the Final Plat, until such time as Blackberry presents a certificate from Urban Engineering that the infrastructure construction is complete and that all contractors associated with the completion of the infrastructure have been paid. Upon receipt of these certifications, the County Judge shall release the Original Letter of Credit to Blackberry without further action by the Calhoun County Commissioner's Court. P*SS%D, ADOPTED AND APPROVED, on this 26th day of July, 2007. J. Roger C. galvan "`� Calhoun County Com is inner, Pct. 1 County Commissioner, Pct. 3 ATTEST: ANITA FRICKE CALHOUN COUNTY CLERK By: (, I i 0/Y) w I rV Wendy M in, Deputy Judge Vern Lyssy Calhoun County Commissioner, Pct. 2 f� w :�Z,� . Kenneth W. Finster Calhoun County Commissioner, Pct. 4 3 APPROVE PRELIMINARY PLAT FOR OUTLOT 2, OUTBLOCK 32, PORT O'CONNOR TOWNSITE OUTLOTS, RESUBDIVISION NO.1: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the preliminary plat for Outlot 2, Outblock 32, Port O'Connor Townsite Outlots, Resubdivision No.1. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. APPROVE THE FINAL PLAT FOR OUTLOT 3 AND OUTLOT 4, OUTBLOCK 32, PORT O'CONNOR TOWNSITE OUTLOTS, RESUBDIVISION NO.1: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the final plat for Outlot 3 and Outlot 4, Outblock 32, Port O'Connor Townsite Outlots, Resubdivision No.1. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. APPOINTMENT TO GOLDEN CRESCENT REGIONAL ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (REDAC): A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to appoint Gary Broz, Judge Michael J. Pfeifer, Mayor Pam Lambden and Mayor Billy Ezzell to the Golden Crescent Regional Economic Development Advisory Committee. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor CALHOUN COUNTY Advisory Committee Members Regional Economic Development Advisory Committee (REDAC) Gary Broz Judge Mike Pfeifer Mayor Pam Lambden Mayor Billy Ezell NOTE: Please note vacancies above. Some committees have not been at full capacity for several years due to resignations or non - participation. Please consider attendance records when making nominations for committee membership for the next two fiscal years. 07/09/07 RGS ACCEPT INSURANCE SETTLEMENT FROM TRIDENT IN THE AMOUNT OF $2,392 FOR THE COURTHOUSE GLASS BREAKAGE: A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to accept the Insurance Settlement from Trident in the amount of $2,392 for the Courthouse glass breakage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 07/10/2007 17:34 3615534814 CAL CO TREASURER PAGE 02/02 INSURANCE SETTLEMENT RECAPITULATION County Building: Courthouse Commercial Property Policy Policy #: PE 4601230 04 Occurrence Date: 6120/07 Item: Glass breakage S#: n/a INV.#: n/a Description: County mower threw rock Cost to replace: Texas Glass and Tinting Insurance settlement received: Replacement cost Deductible NET COST TO COUNTY $ 2,642.00 (Quote) $ 2.642.00 2,642.00 (250.00) 2,392.00 $ 250.00 AGREEMENT WITH FIRST SOUTHWEST ASSET MANAGEMENT, INC. FOR ARBITRAGE REBATE COMPLIANCE SERVICES: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to accept the agreement with First Southwest Asset Management, Inc. for arbitrage compliance services. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Form No. 148(f); Rev'd 1/10/03 AGREEMENT FOR ARBITRAGE REBATE COMPLIANCE SERVICES BETWEEN CALHOUN COUNTY, TEXAS (Hereinafter Referred to as the "Issuer") AND FIRST SOUTHWEST ASSET MANAGEMENT, INC. (Hereinafter Referred to as "First Southwest") It is understood and agreed that the Issuer, in connection with the sale and delivery of certain bonds, notes, certificates, or other tax-exempt obligations (the "Bonds"), will have the need to determine to what extent, if any, it will be required to rebate certain investment earnings (the amount of such rebate being referred to herein as the `Arbitrage Amount'') from the proceeds of the Bonds to the United States of America pursuant to the provisions of Section 148(f)(2) of the Internal Revenue Code of 1986, as amended (the "Code"). For purposes of this Agreement, the term "Arbitrage Amount" includes payments made under the election to pay penalty in lieu of rebate for a qualified construction issue under Section 148(f)(4) of the Code. We are pleased to submit the following proposal for consideration; and if the proposal is accepted by the Issuer, it shall become the agreement (the `Agreement') between the Issuer and First Southwest effective at the date of its acceptance as provided for herein below. This Agreement shall apply to all issues of tax-exempt Bonds delivered subsequent to the effective date of the rebate requirements under the Code, except for (i) issues which qualify for exceptions to the rebate requirements in accordance with Section 148 of the Code and related Treasury regulations, or (ii) issues excluded by the Issuer in writing in accordance with the further provisions hereof, (iii) new issues effected in a fashion whereby First Southwest is unaware of the existence of such issue, (iv) issues in which, for reasons outside the control of First Southwest, First Southwest is unable to procure the necessary information required to perform such services. Covenants of First Southwest 2. We agree to provide our professional services in determining the Arbitrage Amount with regard to the Bonds. The Issuer will assume and pay the fee of First Southwest as such fee is set out in Appendix A attached hereto. First Southwest shall not be responsible for any extraordinary expenses incurred on behalf of Issuer in connection with providing such professional services, including any costs incident to litigation, mandamus action, test case or other similar legal actions. 3. We agree to perform the following duties in connection with providing arbitrage rebate compliance services: a. To cooperate fully with the Issuer in reviewing the schedule of investments made by the Issuer with (i) proceeds from the Bonds, and (ii) proceeds of other funds of the Issuer which, under Treasury Regulations Section 1.148, or any successor regulations thereto, are subject to the rebate requirements of the Code; b. To perform, or cause to be performed, consistent with the Code and the regulations promulgated thereunder, calculations to determine the Arbitrage Amount under Section 148(f)(2) of the Code; and C. To provide a report to the Issuer specifying the Arbitrage Amount based upon the investment schedule, the calculations of bond yield and investment yield, and other information deemed relevant by First Southwest. In undertaking to provide the services set forth in paragraph 2 and this paragraph 3, First Southwest does not assume any responsibility for any record retention requirements which the Issuer may have under the Code or other applicable laws, it being understood that the Issuer shall remain responsible for compliance with any such record retention requirements. 24448-1 Page I Covenants of the Issuer 4. In connection with the performance of the aforesaid duties, the Issuer agrees to the following: a. The fees due to First Southwest in providing arbitrage rebate compliance services shall be calculated in accordance with Appendix A attached hereto. The fees will be payable upon delivery of the report prepared by First Southwest for each issue of Bonds during the term of this Agreement. b. The Issuer will provide First Southwest all information regarding the issuance of the Bonds and the investment of the proceeds therefrom, and any other information necessary in connection with calculating the Arbitrage Amount. First Southwest will rely on the information supplied by the Issuer without inquiry, it being understood that First Southwest will not conduct an audit or take any other steps to verify the accuracy or authenticity of the information provided by the Issuer. C. The Issuer will notify First Southwest in writing of the retirement, prior to the scheduled maturity, of any Bonds included under the scope of this Agreement within 30 days of such retirement. This notification is required to provide sufficient time to comply with Treasury Regulations Section 1.148-3(g) which requires final payment of any Arbitrage Amount within 60 days of the final retirement of the Bonds. In the event the Issuer fails to notify First Southwest in a timely manner as provided hereinabove, First Southwest shall have no further obligation or responsibility to provide any services under this Agreement with respect to such retired Bonds. 5. In providing the services set forth in this Agreement, it is agreed that First Southwest shall not incur any liability for any error ofjudgment made in good faith by a responsible officer or officers thereof and, except to the limited extent set forth in this paragraph, shall not incur any liability for any other errors or omissions, unless it shall be proved that such error or omission was a result of the gross negligence or willful misconduct of said officer or officers. In the event a payment is assessed by the Internal Revenue Service due to an error by First Southwest, the Issuer will be responsible for paying the correct Arbitrage Amount and First Southwest's liability shall not exceed the amount of any penalty or interest imposed on the Arbitrage Amount as a result of such error. Bonds Issued Subsequent to Initial Contract 6. The services contracted for under this Agreement will automatically extend to any additional Bonds (including financing lease obligations) issued during the term of this Agreement, if such Bonds are subject to the rebate requirements under Section 148(f)(2) of the Code. In connection with the issuance of additional Bonds, the Issuer agrees to the following: a. The Issuer will notify or cause the notification, in writing, to First Southwest of any tax-exempt financing (including financing lease obligations) issued by the Issuer during any calendar year of this Agreement, and will provide First Southwest with such information regarding such Bonds as First Southwest may request in connection with its performance of the arbitrage rebate services contracted for hereunder. If such notice is not provided to First Southwest with regard to a particular issue, First Southwest shall have no obligation to provide any services hereunder with respect to such issue. b. At the option of the Issuer, any additional Bonds to be issued subsequent to the execution of this Agreement may be excluded from the services provided for herein. In order to exclude an issue, the Issuer must notify First Southwest in writing of their intent to exclude any specific Bonds from the scope of this Agreement, which exclusion shall be permanent for the full life of the Bonds; and after receipt of such notice, First Southwest shall have no obligation to provide any services under this Agreement with respect to such excluded Bonds. 24448-1 Page 2 Effective Date of Agreement 7. This Agreement shall become effective at the date of acceptance by the Issuer as set out herein below and remain in effect thereafter for a period of five (5) years from the date of acceptance, provided, however, that this Agreement may be terminated with or without cause by the Issuer or First Southwest upon thirty (30) days prior written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to First Southwest for services provided and extraordinary expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated prior to the completion of its stated term, all records provided to First Southwest with respect to the investment of monies by the Issuer shall be returned to the Issuer as soon as practicable following written request by Issuer. In addition, the parties hereto agree that, upon termination of this Agreement, First Southwest shall have no continuing obligation to the Issuer regarding any arbitrage rebate related services contemplated herein, regardless of whether such services have previously been undertaken, completed or performed. Acceptance of Agreement 8. This Agreement is submitted in duplicate originals. When accepted by the Issuer in accordance with the terms hereof, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Issuer and First Southwest for the purposes and the consideration herein specified. In order for this Agreement to become effective, it must be accepted by the Issuer within sixty (60) days of the date appearing below the signature of First Southwest's authorized representative hereon. After the expiration of such 60-day period, acceptance by the Issuer shall only become effective upon delivery of written acknowledgement and reaffirmation by First Southwest that the terms and conditions set forth in this Agreement remain acceptable to First Southwest. Governing Law 9. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts of laws. Acceptance will be indicated on both conies and the return of one executed cony to First Southwest Respectfully submitted, FIRST SOUTHWEST ASSET MANAGEMENT, INC. By ✓Otis Hill A. Feinberg Chairman & Chief Executive Officer ISSUER'S ACCEPTANCE CLAUSE The above and foregoing is hereby in all things accepted and approved by Calhoun County on this the 26 (d�ayy of July 2007 . By MAU& n Authorized R60resint#ive Title Calhoun County Judge Printed Name Michael J. Pfeifer 24448-1 Page 1 APPENDIX A - FEES The Bonds to be covered initially under this contract include all issues of tax-exempt bonds delivered subsequent to the effective dates of the rebate requirements, under the Code, except for issues which qualify for exceptions to the rebate requirements in accordance with Section 148 of the Code and related Treasury regulations. The fee for each of the Bonds included in this contract shall be: Description Annual Fees Per Issue Per Computation Year (1) Base Fee Per Computation Year: $2,000 Additional Charges for Special Services Related to: Debt Service Reserve Funds $500 Commingled Funds $500 Transferred Proceeds $500 Debt Service Fund Residual Calculations (Excess Tax Collections) $500 $100,000 Test for Debt Service Funds $500 Variable/Floating Rate Bond Issue $1,000 Yield Restriction Analysis/Yield Reduction Computation $500 Universal Cap $500 Calculation of Late Interest Amount $500 Premium for Quick Turnaround (Preliminary or Final Liability Numbers within 21 days or less) $500 Preparation of IRS Refund Request (2) Commercial Paper: Per allocated issue to perform arbitrage rebate computation $4,000 Penalty Calculations: Semiannual fee for each issue of Bonds, regardless of issue size. $1,000 (1) A "Computation Year" represents a one year period from the delivery date of the issue to the date that is one calendar year after the delivery date, and each subsequent one-year period thereafter. Therefore, if a calculation is required that covers more than one "computation year," the annual fee is multiplied by the number of computation years contained in the calculation being performed. For example, if the first calculation performed for an issue covers three computation years, the fee for that calculation would be three times the annual fees stated above. (2) Fee based upon complexities involved and estimated time to complete request. EXPLANATION OF ADJUSTMENTS TO BASE FEE 1. Debt Service Reserve Funds. The authorizing documents for many revenue bond issues require that a separate fund be established (the "Reserve Fund") into which either bond proceeds or revenues are deposited in an amount equal to some designated level, such as average annual debt service on all parity bonds. This Reserve Fund is established for the benefit of the bondholders as additional security for payment on the debt. In most instances, the balance in the Reserve Fund remains stable throughout the life of the bond issue. Reserve Funds, whether funded with bond proceeds or revenues, must be included in any calculations of rebate. 2. Commingled Fund Allocations. By definition, a commingled fund means that the proceeds of any particular bond issue have been deposited in a fund that contains amounts that are not part of that bond issue. It is common for issuers to commingle bond proceeds with either operating revenues or other bond proceeds. The arbitrage regulations, while permitting the commingling of funds, require that bond proceeds be "carved -out" for purposes of calculating rebate. Interest must be allocated to the portion of the commingled fund that represents bond proceeds of the issue in question. 24448-1 Page 4 3. Transferred Proceeds Calculations. When a bond issue is refinanced (refunded) by another issue, special services relating to "transferred proceeds" calculations may have to be performed. Under the regulations, when proceeds of a refunding issue are used to pay principal on a prior issue, a pro rata portion of the refunded bond proceeds are treated as "transferred" to the refunding issue. Although no funds are physically transferred from one issue to another, it is often necessary to perform these calculations for rebate purposes. 4. Debt Service Fund Residual Calculations. Because tax rates are established using an estimated collection percentage, the balance in the debt service fund (often referred to as the Interest & Sinking Fund) may exceed the amount necessary to pay the current year's debt service requirements. Any such excess amounts in a debt service fund must be treated as a "reserve fund," thereby subjecting the excess balance to the rebate requirements. To the extent that any amounts deposited in the debt service fund remain for more than thirteen months on a first -in, first -out basis, that excess is classified as a `reserve fund portion" until used for payment of debt service. Special services are required to complete these debt service fund residual calculations. 5. $100,000 Test for Debt Service Funds. The Code requires that a bona fide debt service fund be included in the arbitrage rebate computation if it earns $100,000 or more in a given bond year and if the issue is not a private activity bond and a long-term fixed rate issue. 6. Variable/Floating Rate Bond Issues. Special services are also required to perform the arbitrage rebate calculations for variable rate bonds. A bond is a variable rate bond if the interest rate paid on the bond is dependent upon an index which is subject to changes subsequent to the issuance of the bonds. The computational requirements of a variable rate issue are more complex than those of a fixed rate issue and, accordingly, require significantly more time to calculate. For example, it is necessary to evaluate both a five-year yield as well as one-year yield increments to determine which yield is most beneficial to the issuer. 7. Yield Restriction Analysis/Yield Reduction Computations. The Code provides that proceeds of a bond issue may not be invested above the yield on the bond unless an applicable exception applies which provides a temporary period during which proceeds are not yield restricted. First Southwest provides analysis to determine the amount of proceeds which must be yield restricted and provides computations to verify that the proceeds have been properly restricted. In addition, the 1993 Treasury Regulations provide that a yield reduction payment may be made in lieu of yield restricting proceeds. First Southwest will provide the necessary computations to determine the amount of yield reduction payment which must be made. 8. Universal Cap. Current regulations provide an overall limitation on the amount of gross proceeds allocable to an issue. In certain circumstances, it is necessary to deallocate proceeds from an issue. First Southwest reviews the universal cap limitation for each bond issue at the appropriate time periods and, if necessary, performs the deallocation of proceeds. 9. Calculation of Late Interest Amount. Additional calculations are required if an arbitrage rebate payment is not filed within the time permitted by the regulations. A fee is charged to compute the late interest amount from the time that the payment was originally due until the time the payment is made. The fee for any Bonds under this contract shall only be payable if a computation is required under Section 148(f)(2) of the Code. In the event that any of the Bonds, fall within an exclusion to the computation requirement as defined by Section 148 of the Code or related regulations and no calculations were required by First Southwest to make that determination, no fee will be charged for such issue. For example, certain bonds are excluded from the rebate computation requirement if the proceeds are spent within specific time periods. In the event a particular issue of Bonds fulfills the exclusion requirements of the Code or related regulations, the specified fee will be waived by First Southwest if no calculations were required to make the determination. Recognizing that computational complexities are reduced when all or the majority of the gross proceeds of an issue are expended, it is First Southwest's policy to reduce fees to the following levels, as appropriate: Per issue fees for each circumstance itemized below shall be: o Proceeds expended in prior year. Liability updated and report issued. $750 o Debt Service Residual Calculation only. $1,250 o Reserve Fund calculation only. $1,250 o Escrow Fund only. $1,250 o Rebate Fund only. $1,250 o Yield Restriction/Yield Reduction Computation only. $2,000 24448-1 Page 5 First Southwest's fees are payable upon delivery of the report prepared by First Southwest, the first report to be made following one year from the date of delivery of the Bonds and on each computation date thereafter during the term of the Agreement. The fees for computations of the Arbitrage Amount which encompass more, or less, than one Computation Year of investment data performed during the same computation period shall be prorated to reflect the longer, or shorter, period of work performed during that period. C:WrPWbIaEBATMLPHAM 19129_LDOC 24448-1 Page 6 MONTHLY REPORTS: Justice of the Peace Precinct 5 presented her monthly report for the month of June 2007 and the County Clerk presented her monthly report for the months of May and June 2007 and after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch that said reports be accepted as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . 6 11 "1 <UU r LU. U4 001-7Oa-L4o1 GHLHUUN UU F'U I b HAbL 01 Judge Nancy Pomykal Justice of the Peace Pet. 5 Collections for the Mouth of June . 2007 /6 Date: July.-3, 2007 Calhoun County Commissioners Court 211 S. Ann Street Port Lavaca, TX 77979 Fax no: 553-4444 Commissioner's Court: Attached is a report of all collections for my court for the month given. Faxing 9 _Pages including this cover. Signed: �/1J/LUUf 1V. VY JOl-JOJ-L401 UHLNUUIY UU I"U I 0 F'AUL 02 07/16/2007 Money Distribution Report Judge Nancy Pomykal Pct. 5 June 2007 Report Page 1 -------------------------------------- Receipt Cause/Defendant I Code Amount Code Amount I Code Amount I Code Amount I Code Amount j Code Amount I Total 0372976 07-06-0127 06i 04 /2007 JSF 2.59 I CCC 34.76 I CHS 3.48 I SAF 4.34 I TF 3.48 I JCSF 0.87 5300 REYES- ARRIAGA, JESUS JPAY 3.48 I 1 I I Cash I I 0372977 07-06-011.0 06/07/2007 I JSF 3.00 TFC 3.00 I CCC 40.00 I CHS 4.00 I I I SAF 5.00 TF 4.00 REYES, HERLINDA BAZAN I JCSF 1-00 I JPAY 4.00 I DSC 10-.00 SUBC 30.00 I I I I 104.00 Personal Check 0372978 07-05-0104 06/07/2007 I TFC 3.00 I CHS 3.00 LAF 5.00 I IF 4.00 JCSF 1.00 FINE 100.00 146.00 GUTIERREZ, ALEX I SUBC 30.00 Personal Check I I 0372979 07-06-0121 06,10712007 JSF 3.00 I TFC MO I CCC 40.00 CHS 4,00 I I I I LAF 5,00 I IF 4.00 1 205.00 POWITZKY, CAL.VIN F JCSF 1.00 I JPAY 4,00 FINE 111,00 I SUBC 30.00 I I I Cashier's Check 0372980 07-06-0120 06/07/2007 I JSF 3.00 I TFC MO I CCC 40,00 I CHS 4.00 LAF 5.00 I if 4.00 I 205.00 PERRIN, HARRY ALLAN I JCSF 1.001 JPAY 4.001 FINE 111.00 SUBC 30.00 Money Order 0172981 07-05-01.16 06/07/2007 JSF 4.00 I CCC 40.00 CHS 3.00 I PWAF 5.00 I IF 4.00 I JCSF 1.00 I 161.00 REVEL, JAMES I JPAY 4.00 I WSF 100.00 I I I Personal check I I I 0,172982.05-12-0377 06/07/2007 AF 13.00 I EDWARDS, MICHAEL ALLAN I I I I I 1 13.00 Cashier's Check I I I 0372983 07-06-01.39 06/3,1/2007 I JSF 3.00- TFC 3.00 I CCC 40.00 I CHS 4.00 I I LAF 5.00 I TF 4.00 I 104.00 KUCEPA. TRACEY OLL I JCSF 1.00 1 JPAY 4.00 I DSC 10.00 I SUBC 30.00 I Cashier's Check I I _ 0372964 07-04-0070 06/1J./2007 JSF 4.00 I CCC 40.00 I CHS 3.00 I PWAF 5,00 I IF 4.00 I JCSF 1.DO 61,00 HUNTER. LEROY KINKAIO FT JPAY 4.00 I I Money Order 0372985 07-04-0070 06/11/2007 1 PWF 500.00 I I I I I I 500,00 HUNTER. L.EROY KINKAIO 11 I I I Money Order I 0372986 07-05-0115 06/12/2007 I JSF 4.00 I CCC 40.00 I CHS 3.00 PWAF 5.00 I TF 4,00 I JCSF 1.00 90,00 BEVINS. MARK DAVID JPAY 4.00 WSF 29.00 I I I I Personal Check I I I I I I 0372987 07-05-0114 06112120OZ I JSF 4,00 CCC 40.00 I CHS 3.00 PWAF 5.00 I TF 4,00 JCSF 1.00 90.00 PIERCE. JOHN LYNN JPAY 4.09 WSF 29,00 I I Personal Check I I I I 0372988 07-06-01.19 06/12/2007 JSF 3,00 I IFC 3.00 I CCC 40,00 I CHS 4.00 LAF 5.00 I IF 4.00 I 104.00 SKINNER, JONATHAN ANDREW I JCSF 1.00 1 JPAY 4.00 DSC 10.00 I SUBC 30.00 Money Order 0372989 07-06-0143-SC 06/12/2007 SFEE 75.00 1FEE 2.00 FILI 10.00 I I 67,00 KEMPFFR, MICHELLE I I I I Personal Check 0372990 07-05-0097 06/12/2007 JSF 3.00 TFC 3.00 CCC 40,00 1 CHS 4.00 LAF 5.00 I TF 4.00 206,00 HAIRE, RICHARD JOHN 1 JCSF 1.00 I JPAY 4.00 I FINE 111.00 SUBC- 30.00 I Cred-Card/Trnsfr I I I l - 0372991, 07-06-0145-SC 06/18/2007 1 IFFE 2.00 FILI 10,00 I I I I 12.00 ROSE, SUSAN I ( I I Cash I 037299P 07-06-0147 06/19/2007 JSF 4.00 CCC 40.00 CHS 3.00 I PWAF S.00 11F 4.00 JCSF 1.130 86.00 PRYOR. EDMUND RUDOLPH I JPAV 4,00 I WSF 25,00 I I I Personal Check 0372993 0/-06-D134 06/19/2007 TFC 3.00 CHS 3.00 LAF 5.00 IF 4.00 JCS[ 1,00 1 FINE 1.00.00 146.00 CAL.LIS BACKHOE SERV, SUBC 30.00 Money Order "`r i-1 �uur io.uV doi-Joo-L4ol I, LMUUN l,U F'UI b 07/16/2007 Money Distribution Report Judge Nancy Pomykal Pct. 5 June 2007 Report -_--.,.- '.--- '------- ------------------- ------------'----'-'------- Receipt Cause/Defendant I Code Amount I Code Amount Cade Amount Code Amount I Code Amount 0372994 07-06-0123 06/19/2007 I J5F 3.00 I TFC 3.00 I CCC 40.00 CHS 4.00 I LAF 5.00 MOZISE.K, BRADLEY THOMAS I JCSF 1.00 I JPAY 4.00 DSC 10.00 SUBC 30.00 Money Order I I I 0372995 07-06-0148-FED 06/19/2007 I SFEF 75.00 I IEEE 2.00 FILI 15.00 RHYNE. VICKI 2538 OU i I Personal Check 0372996 06-12-0286-SC 06/19/2001 AJFF 10.00 URBAN SURVEYING I I I I Personal Check 0372997 07-06-0149 06/19/2007 I JSF 3,00 I TFC 3.00 CCC 40.00 CHS 4.00 L.AE 5.00 HUDGINS, LORI JCSF 1.00 I JPAY 4.00 I FINE 200.00 SUBC 30.00 Money Order I I I I 0372998 07-06-0124 061191P007 JSF 3.00 TFC 3,00 I CCC 40.00 CHS 4.00 LAF 5.00 MARTINEZ, JULIAN JR JCSF 1.00 I JPAY 4.00 I FINE 200.00 I AF 1.00 I SUBC 30,00 Money Order 0372999 06-05-0002 06/19/2007 I JSF 4.00 I TFC 3.00 CCC 40.00 I CHS 3.00 LAF 5.00 MAYO, ROBERT LYNN JCSF 1.00 JPAY 4.00 I FINE 131,00 I SUBC 30.00 I CSRV 67,50 I Jail Credit 0373000 07-02-0021-0612212007 SFEE 50.00 I I I HAWES, TEDDY DBA POC HARDWARE I I I I I Personal Check I 0373001 07-0?-0022 06/22/2007 I SFEE 50,00 I HAWES. IEDDY DBA POC HARDWARE I I I I Personal Check 0373002 07-05-0122 06/25/2007 ARAD 10.00 I I l-'AUL U 3 -------------- Code Amount I TF 4.00 Page 2 Total 104,00 92.00 10.0U I I IF 4.00 I 294,00 I I IF 4.00 295,00 I IF 4.00 I 292.60 I 50.00 I I 50.00 I I 10.00 STANFIELD. CHRISTOPHER SCOTT I I I I Cashier's Check I I 0173003 07-03-0058 06/25/2007 I JSF 3.00 I CCC dO.00 CHS 4.00 I LAF 5.00 IF 4,00 I JCSF 1.00 BURTIS. SUSAN DIANE JPAY 4.00 FINE 244.00 I I Cashier's Check I I I I 0373004 07-04-0065 06/26/2007 JSF 0.67 I TFC 0.66 CCC 8.75 CHS 0.87 I LAF 1.09 I TF 0.87 TORRES, CHARIES ERIC JCSF 0.22 I JPAY 0.87 I FINE 86.00 I Personal Check 0373005 07-06-0129 06/28/2007 JSF 3.00 I TFC 3.00 CCC 10.00 CHS 4.00 SAF 5.00 I TF 4.00 KORANEK, REBECCA GOEBEL I JCSF 1.00 JPAY 4.00 I FINE 71.00 I SUBC 30.00 I I Personal Check I I 0373006 07-06-0154 06/29/2007 I JSF 3,00 1K 3.00 I CCC 40.00 CHS 4,00 I.AF 5.00 I IF 4.00 SHELLEY, ROBERT LEE I JCSF 1.00 I JPAY 4.00 FINE 200.00 I SUBC 30.00 AF 1,00 Money Order I I I I 0373007 07-06-0152 06/29/2007 I TFC 3.00 CHS 3.00 LAF 5.00 TF 4.00 JCSF 1.00 FINE 100.00 HOLLOWAY, NEIL. SUBC 30.00 I I I Personal Check I 0373008 07-06-014.2 06/29/2007 JSF 3.00 I TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 I IF 4,00 GARRETT, JENNIFER B IJCSF 1.00 JPAY 4.00 I FINE 111.00 SUBC 30.00 I I Money Order 0373009 07-06-0138 06/29/2007 JSF M0 I FIC 3.00 CCC, 40.00 CHS 4.00 I LAF 5.00 TF BROCKMAN, GERALD PAGE I JCSF 1.00 JPAY 4,00 I DSC 10.00 SUBC 30.00 I I Personal Check 0373010 07-06-0131 06/29/2007 I JSF 3,00 FFC 3.00 I CCC 40.00 CHS 4.00 SAF 5,00 IF TINER, SCOTT I JCSF 1,00 I JPAY 4.00 DSC 10,00 SUBC 30.00 Money order I I I 4.00 I I 4.00 I I 305.00 I 100.00 165.00 295,00 146,00 205.00 104.00 104.00 u!/1❑/L001 lu: u4 dbl-7O3-L4b1 GHLI-1UUN UU,F'GI b rAbt f94 07/16/2007 Money Distribution Report Judge Nancy Pomykal Pct, 5 June 2007 Report Page 3 The following totals represent - Casn and Checks Collected Type Code Description Count Retained Disbursed Honey -Totals The following totals represent - Cash and Checks Collected COST CCC CON50LIDATFD COURT COSTS 21 COST CHS COURTHOUSE SECURITY 84.35 720.00 803.51 COST JCSF JUSTICE COURT SECURITY FUND 24 24 84.35 0.00 COST JPAY JUDGE PAY RAISE FEE 23,09 23-09 COST JSF JUROR SERVICE FUND 21 ].6.53 8.29 80.35 COST LAP SHERIFF'S FEE 24 6.53 58.73 50.00 65.26 66,09 COST PWAF TEXAS PARKS & WILDLIFE 15 5 0.00 66.09 COST SAP DPS 20.00 20.00 5,00 25.00 COST TF TECHNOLOGY FUND 5 19.48 4.86 24.34 COST TFC TFC 24 92.35 0.00 92.35 FEES AF ADMINISTRATIVE FEE 17 3 48,66 0.00 48.66 FEES AJFF ABSTRACT OF JUDGMENT FILING FEE 15.00 0.00 10.00 FEES ARAD AUTOPSY REPORT ADM FEE 1 1 10-00 0.00 10. 00 FEES C5RV COLLECTION SERVICES FEE 0 10.00 10.00 FEES DSC DRIVER SAFETY COURSE 09/05 6 0.00 9.00 0,00 0,00 FEES FILI FILING FEE 0.00 FEES IFEE INDIGENT FEE 3 35.00 35.00 0.00 35.00 36.00 FEES SFEE SERVICE FEE 3 0.00 FEES SUBC SUB TITLE C 4 0.00 250.Oo 0.00 0.00 z5o.o0 FINE FIN[ FINE 16 24.00 456.00 460.00 FINE PWF PARKS & WILDLIFE FINE 12 1,634.00 0.00 1,634.00 FINE NSF WATER SAFETY FINL 1 75,00 425,00 500.00 4 27.45 155.55 183.00 Money Totals 33 2.599.42 1,896.58 4.496.00 The following totals represent - Jail Credit and Community Service COST CCC CONSOLIDATED COURT COSTS 1 4.00 36.00 40-00 COST CHS COURTHOUSE SECURITY 1 3.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 1 1,00 0.00 3.00 1.00 COST JPAY JUDGE PAY RAISE FEE 1 0.60 3,40 COST JSF JUROR SERVICE FUND 1 0.40 3.60 4.00 COST LAF SHERIFF'S FEE 1 5.00 0.00 4.00 5.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAP BPS 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 1 4.00 0.00 4,0C COST TFC TFC 1 3,00 0.00 3.00 FEES AF ADMINISTRATIVE FEE 0 0.00 0.00 0.00 FEES AJFF ABSTRACT OF JUDGMENT FILING FEE 0 0.00 0,00 0.00 FEES ARAD AUTOPSY REPORT ADM FEE 0 0,00 0.00 0.00 FEES CSRV COLLECTION SERVICES FEE 1 67.50 0.00 67.50 FEES DSC DRIVER SAFETY COURSE 09/05 0 0.00 0,00 0.00 FEES FILI FTLTNG FEE 0. 0.00 0.00 0.00 FEES [FEE -INDIGENT PEE 0 0.00 0.00 0.00 FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 1 1.50 28.50 30.00 FINE: FINE. FINE 1. 1.31.00 0,00 131,00 ++w cU�r �.uY Jo1-]Uo-cio1 LAM- muulY UU Fl I O r'HdG GO 07/.16/2007 Money Distribution Report Judge Nancy Pomykal Pct. 5 June 2007 Report The following totals represent - Jail Credit and Community Service Type Code Description Count Retained Disbursed Money -Totals FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE NSF WATER SAFETY FINE 0 0.00 0.00 0.00 Credit Totals 1 221.00 71.50 292.50 The following totals represent - Credit Card Payments and Transfers COST CCC CONSOLIDATED COURT COSTS 1 4,00 36,00 40,00 COST CHS COURTHOUSE SECURITY 1 4.00 0.00 4.00 COST JCSF JUSTICE COURT SECURITY FUND 1 1.00 0.00 1.00 COST JPAY JUDGE PAY RAISE FEE 1 0.60 3.40 4.00 COST JSF JUROR SERVICE FUND 1 0,30 2,70 3,00 COST LAP SHERIFF'S FEE 1 5.00 0.00 5.00 COSI PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND I 4.00 0.00 4.00 COST TFC TFC 1 3,00 0.00 3.00 FEES AF ADMINISTRATIVE FEE 0 0.00 0.00 0.00 FEES AJFF ABSTRACT OF JUDGMENT FILING FEE 0 0.00 0.00 0.00 FEES ARAD AUTOPSY REPORT ADM FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 09105 0 0.00 0.00 0-00 FEES FIL.I FILING PEP 0 0.00 0.00 0.00 FEES IEEE INDIGENT FEE 0 0,00 0.00 0.D0 FEES SITE SERVICE FEE 0 0.00 0.00 0,00 FEES SUBC SUB 'TITLE C 1 1.50 28.50 30.00 FINE FINE FINE 1 111.00 0.00 1.11.00 FINE PWF PARKS & WILDL.IFE FINE 0 0,00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0,00 Credit Totals 1 134.40 70.60 205,00 The following totals represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 23 88,36 795.I5 883.51 COST CHS COURTHOUSE SECURITY 26 91.35 0.00 91.35 COST JCSF JUSTICE COURT SECURITY FUND 26. 25.09 0.00 25.09 COST JPAY JUDGE PAY RAISE FEE 23 13,26 75.09 88.35 COST JSF JUROR SERVICE FUND 23 7.23 65.03 72.26 COST LAP SHERIFF'S FEE 16 76.09 0.00 76,09 COST PWAF TEXAS PARKS & WILDLIFE 5 20.00 5.00 25.00 COST SAP DPS 5 19.48 4.86 24.34 COST TF TECHNOLOGY FUND 26 100.35 0,00 100.35 COST TFC TFC 19 54.66 0.00 54.66 FEES AF ADMINISTRATIVE FEE 3 15.00 0,00 15.00 FEES AJFF ABSTRACT OF JUDGMENT FILING FEE 1 10.00 0.00 10,00 FEES ARAD AUTOPSY REPORT ADM FEE 1 10.00 0,00 10.00 FEES CSRV COLI..ECTION SERVICES FEE 1 67.50 0.00 67.50 FEES DSC DRIVER SAFETY COURSE 09/0S 6 60.00 0.00 60,00 Page 4 �rii��cuur lo. uY Jo1-JOJ-cY01 VALMUWY W rVl O rAUL bb 07/16/2007 Money Distribution Report - Page 5 Judge Nancy Pomykal Pct. 5 June 2007 Report The following totals represent - Combined Money and Credits Type Code Description Count Retained Disbursed Money -Totals FEES FILI FILING FEE 3 35.00 0.00 35.00 FEES IFEE INDIGENT FEE 3 6.00 0,00 6.00 FEES SFEF SERVICE FFF 4 250.00 0.00 250.00 FEES SUBC SUB TITLE C 18 27.00 513,00 540.00 FINE FINE PINE 14 1.876.00 0.00 1,876.00 FINE PWF PARKS & WILDLIFE FINE 1 76.00 425.00 500.00 FINE WSF WATER SAFETY FINE 4 27.45 155,55 183.00 Report Totals 35 2,954.82 2.038.68 4,993.50 u rI 10/zuuP IU; U4 .ib1-ytl,f-L4b1 UALHUUN UU F'UI b HAtDt b / 07/16/2007 Money Distribution Report Judge Nancy Pomykal Pct. 5 June 2007 Report -------------------- DATE --------------- -------- PAYMENT -TYPE 00/00/0000 Cash & Checks Collected Jail Credits & Comm Service Credit Cards & Transfers Total of all Collections 09/01/1,991 Cash & Checks Collected .Jail Credits & Cow Service Credit Cards & Transfers Total of all Collections 09/01/1993 Cash & Checks Collected Jail Credits & Cow Service Credit Cards- & Transfers Total of all Collections 09/01/1995 Cash & Chccks Collected Jail Credits & Comm Service Credit Cards & Transfers Total of all collections 09/01/1.997 Cash & Checks Collected Jail credits & Comm Service Credit Cards & Transfers Total of all Collections 09/01/1999 Cash & Checks Collected Jail Credits & Cow Service Credit Cards & Transfers Total of all Collections 09/01/2001 Cash & Checks Collected Jail Credits & Comm Service Credit Cards & Transfers Total of all Collections 09/01/2003 Cash & Checks Collected Jail Credits & Comm Service Credit Cards & Transfers Total of all Collections 01,0112004 Cash & Checks Collected 2, Jail Credits & Comm Service Credit Cards & Transfers Total of all Collections 2, TOTALS Cash & Checks Collected 2, Jail Credits & Cow Service Credit Cards & Transfers Total of all Collections 2, FINES COURT -COSTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 317.00 1,313.00 131,00 64.00 111.00 64.00 559.00 1,441,00 317.00 1,313.00 131.00 64.00 111.00 64,00 559.00 1,441.00 FEES 10.00 0.00 0.00 10.00 0,00 0.00 0,00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.DO 0.00 0,00 0.00 0,00 0,00 0.00 0.00 856,00 97.50 30.00 983.50 866.00 97.50 30.00 993.50 BONDS RESTITUTION 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Page 6 OTHER TOTAL 0.00 10.00 0.00 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 4,486.00 0.00 292.50 0.00 205.00 0,00 4. 983.50 0.00 4.496.00 0.00 292.50 0.00 205,00 0.00 4,993.50 ur/l0140u( lu:C14 Jbl-7b3-L4b1 UALFIUUN UU HU I 5 HAUL U8 07/16/2007 '--------------------- DATE PAYMENT -TYPE Money Distribution Report Judge Nancy Pomykal Pct. 5 June 2007 Report Page 7 '- --------------------' --------------"'---- FINES COURT -COSTS FEES BONDS RESTITUTION OTHER TOTAL State of Texas Quarterly Reporting Totals Description Count Collected Retained Disbursed State Comptroller Cost and Fees Report Section I: Report for Offenses Committed 01-01-04 Forward 22 843.51 84.36 759.15 09-01-01 - 12-31-03 0 0.00 0-00 0.00 09-01-99 - 08-31-01 0 0,00 0.00 0.00 09-01-97 - 08-31-99 0 0,00 0.00 0.00 09-01-95 - 08-31-97 0 0.00 0.00 0.00 09-01-91. - 08-31-95 0 0,00 0.00 0.00 Bail Bonds Fee 0 0.00 0.00 O.DO DNA Testing Fees 0 0.00 0.00 0.00 EMS Trauma Fund (EMS) - 0 0.00 0.00 0,00 Juvenile Probation Diversion Fees 0 0.00 0.00 0,00 Jury Reimbursement Fee 22 68.26 6,83 61.43 State Traffic Fees 17 510.00 25.50 484.50 Section IT: As Applicable State Police Officer Fees 10 49.34 39,47 9.87 Failure to Appear/Pay Fees 0 0.00 0100 0.00 Judicial Fund - Const County Court. 0 0.00 0.00 0.00 Judicial Fund - Statutory County Court 0 0.00 0.00 0.00 Motor Carrier Weight Violations 0 0.00 0,00 D.00 Time Payment Fee 0 0.00 0.00 0,00 Driving Record Fees 0 0.00 0.00 0.00 Judicial Support Fees 22 84.35 12.65 71,70 Report Sub Total 93 1,55.5.46 166.81 1.386.65 State Comptroller C1vil Fees Report CF; Birth Certificate Fees 0 0.00 0.00 0.00 CF: Marriage License Fees 0 0,00 0,00 0.00 OF: Declaration of Informal Marriage 0 0.00 0.00 0.00 CF: Nondisclosure Fees 0 0.00 0.00 0.00 CF: Juror Donations 0 0.00 0.00 0,00 CF; Justice Court Tndig Filing Fees 0 0.00 0.00 0.00 OF: Stat Prot Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Stat Prob Court Judic Filing Fees 0 0.00 0,00 0.00 CF: Stat Cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Stat Cnty Court Judic Filing Fees 0 0.00 0.00 0.00 CF Cnst Cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Cnst Cnty Court Judic Filing Fees 0 0.00 0.00 0.00 OF: Dist Court District & Family Law 0 0.00 0.00 0.00 CF: Dist Court Other Divorce/Family Law -CF: 0 0.00 0.00 0.00 Dist Court Indig Filing Fees 0 0,00 0,00 0.00 CF: Family Protection Fee 0 0,00 0.00 0.00 CF: Judicial Support Fee 0 0.00 0,00 0.00 Report Sub Total 0 0,00 0,00 0,00 Total Due For This Period 93 1.555.46 168.81 1.386.66 THE STATE OF TEXAS Before me. the undersigned authority. this day County of Calhoun County personally appeared Nancy Pomykal, Justice of the Peace. Precinct No 5. Calhoun County, Texas, who being duly sworn, deposes and says that the above and foregoing report is true aadcoi-rect. U(/lb/Ybb! Ib: d4 dbl-ydd-24bl CFLHUUN CU NCI b Hri(]E b9 Witness my hand thi5/LV/— Calhoun �oTrljty, Texas A.D ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION OFFICE FUND - MAY 2007 CIVIL FUNDS County Fees County Clerks Fees Recording $12,962.55 Probate 328.00 Civil 880.00 Total County Clerks Fees $14,170.55 Judge's Fees Probate 40.00 Civil 110.00 Total Judge's Fees 150.00 Probate Fees (Education Fees) 40.00 Sheriffs Fees 425.00 Jury Fees 22.00 Law Library Fees 1,050.00 Beer Licenses 0.00 Appellate Fund (TGC) 150.00 Court Reporter Fees 450.00 Civil Indigent Fees 175.00 Record Management Fees (County Clerk) 2,360.00 Record Management Fees (County) 195.00 Security Fees (County) 671.00 Bond Forfeitures 0.00 Subtotal County Fees $19,858.55 State Fees Judicial Funds (CV$1694+ PR$616) 2,310.00 Marriage License Fees 260.50 Birth Certificate Fees 133.20 Total State Fees 2,703.70 SUBTOTAL $22,562.25 Overpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED CRIMINAL FUNDS $9316.00 + $1810.50) Total Criminal Court Costs & Fines & Pre -Trial Diversion TOTAL FUNDS RECEIVED (As per ACS Report) Bank Interest Earned Co. Clerk Check 9Iyy Less Refunds for Overpayment of Filing Fees Plus Re -Deposit of NSF Checks (Not recorded in ACS) Less NSF Checks (Not recorded in ACS) $22,562.25 0.00 $22,562.25 TOTAL FUNDS RECEIVED ADJUSTED FUNDS RECEIVED 11,126.50 $33,688.76 50.23 $33,738.98 0.00 $33,738.98 (35.00) AMOUNT DUE COUNTY TREASURER 111133,703.981 ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (cony) OFFICE FUND - MAY 2007 DISBURSEMENTS CK# Payable To 979 Rhonda Kokena, Co. Trees. CASH ON HAND, OFFICE FUND Beginning Book Balance $46,820.62 Funds Received 33,511.98 Disbursements -46,882.28 Plus Redeposit of NSF Checks Less NSF Checks Ending Book Balance $33,450.32 CASH ON HAND, TRUST FUND Beginning Book Balance $52,548.38 Funds Received 0.00 Disbursements 0.00 Ending Book Balance $52,548.38 SUBMITTED BY. Anita Fricke, County Clerk May report 2007 Description TOTAL Amount $46,882.28 $0.00 $0.00 $0.00 $48,882.28 BANK RECONCILIATION, OFFICE FUND Ending Bank Balance $33,232.66 Outstanding Deposits" 536.00 Outstanding Checks" (318.34) Plus Other Items'" Less Other Items" Reconciled Bank Balance $33,450.32 BANK RECONCILIATION, TRUST FUND Ending Bank Balance $52,548.38 Outstanding Deposits** 0.00 Outstanding Checks"" 0.00 Reconciled Bank Balance $52,548.38 "`See Attached APPROVED BY. Micha J. Pfeif Co Judge ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION OFFICE FUND - JUNE 2007 CIVIL FUNDS County Fees County Clerk's Fees Recording $25,050.45 Probate 362.00 Civil 6DO.00 Total County Clerks Fees $26,012.45 Judge's Fees Probate 40.00 Civil 75.00 Total Judge's Fees 115.00 Probate Fees (Education Fees) 45.00 Sheriffs Fees 645.00 Jury Fees 0.00 Law Library Fees 840.00 Beer Licenses 0.00 Appellate Fund (TGC) 120.00 Court Reporter Fees 360.00 Civil Indigent Fees 140.00 Record Management Fees (County Clerk) 4,476.00 Record Management Fees (County) 145.00 Security Fees (County) 1,047.00 Bond Forfeitures 233.00 Subtotal County Fees $34,178.46 State Fees Judicial Funds (CV$1155+ PR$693) 1,848.00 Marriage License Fees 307.00 Birth Certificate Fees 118.80 Total State Fees 2,273.80 SUBTOTAL $36,452.25 Overpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED CRIMINAL FUNDS $9,263.00+$1,946.60) Total Criminal Court Costs & Fines & Pre -Trial Diversion TOTAL FUNDS RECEIVED (As per ACS Report) Bank Interest Earned Less Refunds for Overpayment of Filing Fees Plus Re -Deposit of NSF Checks (Not recorded in ACS) Less NSF Checks (Not recorded in ACS) $36,452.25 0.00 $36,452.25 TOTAL FUNDS RECEIVED ADJUSTED FUNDS RECEIVED 11,209.50 $47,661.76 219.05 rr �� . r r.� $47,880.80 35.00 Co. Clerk Check qd l AMOUNT DUE COUNTY TREASURER 7,915.80 ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (cony) OFFICE FUND - JUNE 2007 CK# Payable To Description Amount 980 Rhonda Kokena, Co. Trees. June report 2007 $33,703.98 $0.00 $0.00 $0.00 TOTAL DISBURSEMENTS $33,703.98 CASH ON HAND, OFFICE FUND BANK RECONCILIATION OFFICE FUND Beginning Book Balance $33,450.32 Ending Bank Balance $80,698.21 Funds Received 47,880.80 Outstanding Deposits" 986.25 Disbursements -33,703.98 Outstanding Checks"' (34,022.32) Plus Redeposk of NSF Checks 35.00 Plus Other Items" Less NSF Checks Less Other Items — Ending Book Balance $47,662.14 Reconciled Bank Balance $47,662.14 CASH ON HAND TRUST FUND BANK RECONCILIATION TRUST FUND Beginning Book Balance $52,548.38 Ending Bank Balance $52,548.38 Funds Received 0.00 Outstanding Deposits" 0.00 Disbursements 0.00 Outstanding Checks" 0.00 Ending Book Balance $52,548.38 Reconciled Bank Balance $52,548.38 "See Attached SUBMITTED BY: Anita Fricke, County Clerk APPROVED BY: Mic el J. Pfeiffer, County Judge PUBLIC HEARING ON THE MATTER OF AMENDING THE 2007 CALHOUN COUNTY BUDGETS: Judge Pfeifer opened the Public Hearing regarding amending the 2007 Calhoun County Budget at 10:25 a.m. Cindy Mueller, County Auditor read the Budget Amendments. There were no public comments. Judge Pfeifer closed the Public Hearing at 10:30 a.m. AMEND THE 2007 CALHOUN COUNTY BUDGETS: A Motion was made by Commissioner Fritsch to amend the 2007 Calhoun County Budgets and then Commissioner Fritsch withdrew his Motion. A Motion was made by Commissioner Galvan to amend the 2007 Calhoun County Budgets with the exception of Amendment #1539 Sheriffs Department and the motion died for a lack of second. A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to amend the 2007 Calhoun County Budgets. 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U) d m y W J z W 7 U. 0 z 0 F z W W 0 H CO m C e � e W W =W =7 =Z =W =W m 6l m mS FI m a 0 O O z 0 T =C =_LZ =Z =W 2CC _ =W =C W 0 z W W W z I- z W L W e m w =0 01p =C = L =Z =W _CC _ L =W =c T F = ci =Z =W od = UA t7 =0 =m =G =Z =a =0 ea =0 =W =z =Z EW =W _ e W C =N a Z =W =d' =d 5 UJ _gg 5m =C =Z =Q =G =Q =0 = C� =W =a =z =_z =W ce _CL =W ^. 0 m a O O 2 =0 =0 =_Z =Z =W CL =W =C =N =F = C� =Z tt =W =d' =d =W Ci =m =G =Z =a =o ea =0 -W =z D. =Z =111 _ 12 _L =W =0 =Z =Z =W = L =W =0 = ch _a =F = C� =Z = t1 =W L =W __ C7 =0 =m =G =Z ==a =c =0 Lu =a =Z =Z 9_SW _ _ L UA =G C C W wl W W C =0 =0 =`Z =Z =W = F _IL =W EC =LL =L6 =W =H =W =z =F =Z =W _IL =W 71 O O 0 LL J 2 cW C 2 2 _L6 =W =W =x =W _Z =f =Z = LL1 _L =W =C = I- =Z =W =W ea =Z €a =W _H UA =3 =Z =F =Z =W _ n =W =0 AMEND THE 2007 CALHOUN COUNTY SALARY ORDER TO ADD AN IT COORDINATOR AT AN ANNUAL SALARY OF $48,249: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to amend the 2007 Calhoun County Salary Order to add an IT at an annual salary of $48,249. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED — COUNTY: Claims totaling $1,656,934.71 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED — HOSPITAL: Claims totaling $1,963,689.64 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED — INDIGENT HEALTHCARE: Claims totaling $76,379.39 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCEPT DONATIONS TO CALHOUN COUNTY: A Motion was made by Commissioner Lyssy and seconded by Judge Pfeifer to except a painting donated and painted by Shannon Sayler, Assistant District Attorney. The painting is of the LaSalle Monument. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. DECLARE THE FOLLOWING ITEMS OF COUNTY PROPERTY IN THE JUSTICE OF THE PEACE PRECINCT #2 OFFICE AS SURPLUS/SALVAGE: A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to declare the following property in the Justice of the Peace Precinct #2 Office Inventory #456-0069, 2004 Computer System and Inventory #456-0037 metal w/vinyl upholstery chair as surplus/salvage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. BUDGET ADJUSTMENTS: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch that the following Budget Adjustments be approved as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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I zz u =f' =H W 0= rn rn °Z W LL. =� =N v =Q Z =� Z Z =� W� a F Bd LLI U)LU _1.- G a LLI IL _Z c co °W O x W =1Y x < =W � =Q Z e a =Q Z 6 O =Q 5Z ¢ W _Z V.0 < O a =z � Q e� a o o _� s =Z W W F =_Z W a J Q =Z N _• W Z H (LU D a W Z F F- m W _W N _� a Z =� a Z g =� W W Z - ~ 7 -a' = O O -� 2 z O O -� m =L ® Z m a =d $ Z v o =dLu a> Z m,nco "gym Z =W =C $ Q =cG e O =G LL= i� r cm _ch Z =_0 z = Z Z =W _CL =W = O _ Q _Z1 V N Z _W W O W 0 =a W R _d W Z -W -C G Z) °z W =W O ft Egg y o 0-0 a =Z w =_F a Q Z Lu °® C W 2 W Z =a O a 2 Z -W Z i x i Q CO zz (D(D z z W V w Qz v J w Q EL d Z �Q (02 xo w _ OK w O w z Q V 14 m a Is PROPERTY EXCHANGE AND MAINTENANCE AGREEMENT AND CONVEYANCE OF REAL ESTATE AND EASEMENTS CONCERNING THE COMMERCE STREET RIGHT OF WAY BETWEEN 7TH STREET AND 2ND STREET AND THE 7TH STREET RIGHT OF WAY AND 2N11 STREET RIGHT OF WAY LOCATED ADJACENT TO THE CARACOL SUBDIVISION WITH BLACKBERRY ISLAND, L.P. AND AUTHORIZE COMMISSIONER FINSTER TO SIGN DOCUMENTS RELATING TO SAME: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the Final Property Exchange and Maintenance Agreement Concerning the Commerce Street R-O-W between Th Street and 2nd Street and the Th Street R-O-W and 2nd Street R-O-W located adjacent to the Caracol Subdivision, by and between Blackberry Island, LP and Calhoun County, Texas. The General Warranty Deed from Calhoun County to Blackberry, the Easement Agreement from Blackberry to Calhoun County and the Easement Agreement (for Maintenance) from Calhoun County to CCA. Commissioner Finster is authorized to sign all relating documents and this is all subject to the Corp Permit. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer in favor. Court adjourned at 10:55 a.m. PROPERTY EXCHANGE AND MAINTENANCE AGREEMENT CONCERNING THE COMMERCE STREET ROW BETWEEN 7TH STREET AND 2ND STREET AND THE 7TH STREET ROW AND 2ND STREET ROW LOCATED ADJACENT TO THE CARACOL SUBDIVISION BY AND BETWEEN BLACKBERRY ISLAND, LP AND CALHOUN COUNTY, TEXAS RECITALS Blackberry Island, LP, its successors and assigns, (hereinafter "BLACKBERRY") is in the process of developing CARACOL, a subdivision identified by a plat filed for record at Volume Z, Page 712, Plat Records of Calhoun County, Texas. This subdivision is located in the unincorporated portion of Calhoun County, Texas more commonly identified as Port O'Connor, Texas. 2. BLACKBERRY has constructed, at its own cost and expense, drainage improvements in and around the CARACOL subdivision at the request of Calhoun County ("COUNTY") that will benefit COUNTY. BLACKBERRY also proposes to convey certain drainage easements to the COUNTY, that the COUNTY would not otherwise obtain without the use of its powers of eminent domain. These drainage improvements and drainage easements are more fully illustrated in a drawing attached hereto as Exhibit "A." In exchange for the conveyance of drainage improvements and drainage easements by BLACKBERRY to COUNTY, BLACKBERRY requests that the COUNTY convey to BLACKBERRY certain portions of Commerce Street Blackberry Island, LP / Calhoun County, Texas 1 Property Exchange and Maintenance Agreement 726/07 COPY (undeveloped) between 7`It Street and 2nd Street, Port O'Connor, Texas. Subject to the terms of this Agreement, COUNTY hereby accepts this offer. Description of Drainage Improvements 3. Some of the drainage improvements are located in the COUNTY'S right- of-way along 7`It Street and 2nd Street in Port O'Connor, Texas. Other drainage improvements are located in or on property owned by the COUNTY in fee simple that is more commonly known as Commerce Street (undeveloped) between 7 h Street and 2nd Street in Port O'Connor, Texas. Other drainage improvements are located inside the CARACOL subdivision. In order to construct the drainage improvements, BLACKBERRY was required to secure a Corps of Engineers' permit, which at this time is pending, at BLACKBERRY'S sole cost and expense. Property Subject to Exchange 4. Commerce Street (undeveloped), between 7`h Street and 2nd Street in Port O'Connor, Texas, is owned in fee simple by the COUNTY and was acquired by the COUNTY at its existing location for street, right-of-way or easement purposes. Verification of the same may be found at the Calhoun County Commissioner's Court minutes of December 12, 1982, December 12, 1986, and January 13, 1987. The current location of Commerce Street (undeveloped) between 7`h Street and 2nd Street in Port O'Connor, Texas, was as a result of a prior property exchange between the COUNTY and Preston Stofer in order to move the undeveloped street from its prior location to its current location. Blackberry Island, LP / Calhoun County, Texas 2 Property Excha,ige and Maintenance Agreement 7/26/07 5. The actual cost paid by BLACKBERRY for the drainage improvements that will benefit the COUNTY is $247,778.34 as certified by Tom Schmidt, P.E. of Urban Engineering, which amount does not include the cost borne by BLACKBERRY to obtain the Corps of Engineers' Permit, which amount is approximately $50,000.00. The certified cost by Tom Schmidt, P.E. is attached hereto as Exhibit `B." 6. J. Fagan Patterson, Certified Appraiser, Texas License No. 1326586, has performed a certified appraisal of the property owned by the COUNTY and has determined the fair market value of the property to be $180,000.00, which value is less than the value of the drainage improvements and the casements that will be granted to the COUNTY by BLACKBERRY under this Agreement. The appraisal is attached hereto as Exhibit "C." Terms of Exchange 7. Subject to the terms of this Agreement, BLACKBERRY exchanges with the COUNTY the following described drainage improvements and interests in real estate: (a) the drainage improvements located on the land owned in fee simple by the COUNTY (a/k/a Commerce Street — undeveloped, between 7d' Street and 2nd Street in Port O'Connor, Texas); and, (b) drainage improvements located in the right-of-ways of 2nd Street and 7th Street in Port O'Connor, Texas; and, (c) drainage improvements located in the drainage easements granted to and retained by COUNTY herein; Blackberry Island, LP / Calhoun County, Texas 3 Property Exchange and Maintenance Agreement 7/26/07 (d) a drainage easement filed of even date herewith in the Official Records of Calhoun County, Texas, consisting of 3,113 square feet, contiguous to Tract 1 (described in Paragraph 8 below); and, (e) a fifteen foot (15') drainage easement that extends from 7th Street to the constructed CARACOL canal, shown on the Plat of CARACOL filed at Volume Z, Page 712 of the Plat Records of Calhoun County, Texas; and, (f) four (4), twenty foot (20') drainage easements that provide outlets to the CARACOL canal from Commerce Street (undeveloped) between 7th Street and 2nd Street, Port O'Connor, Texas, shown on the Plat of CARACOL filed at Volume Z, Page 712 of the Plat Records of Calhoun County, Texas. 8. Pursuant to Texas Local Government Code §263.006, in consideration of the conveyance by BLACKBERRY of (1) the constructed drainage improvements described herein to COUNTY; and, (2) grant of multiple easements to COUNTY by BLACKBERRY described in Paragraph 7 above, COUNTY agrees to convey fee title to the following interests in real property owned by the COUNTY: (a) Tract 1: a 0.3640 acre tract of land more fully described in a Warranty Deed of even date herewith; and, (b) Tract 2: a 0.5657 acre tract of land more fully described in a Warranty Deed of even date herewith; The conveyance of Tract 1 and Tract 2 are subject to an easement to be retained by COUNTY for the drainage purposes, described as follows: Blackberry Island, LP / Calhoun County, Texas 4 Property Exchange and Maintenance Agreement 7/26/07 and, (c) a 2,982 square foot tract out of Tract I described in Paragraph 8(a) above; (d) an extension of the four, twenty foot (20') easements described in Paragraph 7(f) above, across Tract 2 described in Paragraph 8(b) above. However, the property retained by COUNTY in the preceding paragraphs 8(c) and 8(d) shall be subject to the right of the Caracol Community Association, Inc. (hereinafter "CCA") to enter upon the COUNTY'S easement to perform any repair, replacement or maintenance of the drainage improvements as provided for in this Agreement. Maintenance 9. BLACKBERRY and the COUNTY each acknowledge: (a) As the state of the law exists at this time, the COUNTY has no legal authority to perform drainage work, per se, but may only perfonn drainage work to the extent that it is done to protect the COUNTY'S roadways; and, (b) To the extent that the COUNTY may perfonn drainage work to protect its roadways, the COUNTY has limited funds for the repair, replacement and maintenance of underground drainage improvements. 10. In consideration of these maintenance issues, COUNTY agrees to convey to CCA a non-exclusive maintenance easement filed of record on even date herewith, consisting of the following described property: COUNTY'S right-of-way between Maple Street and Water Street (previously abandoned, as shown of record at Instrument No. 99118 of the Official Records of Calhoun County, Texas) on 2nd Street, adjacent to the CARACOL subdivision, not including areas paved by COUNTY; and, Blackberry Island, LP / Calhoun County, Texas 5 Property Exchange and Maintenance Agreement 7/26/07 COUNTY'S right-of-way between Maple Street and Water Street (previously abandoned to Kenneth Clark, as shown of record at Volume 391, Page 785 of the Official Records of Calhoun County, Texas) on 7th Street, adjacent to the CARACOL subdivision, not including areas paved by COUNTY; COUNTY'S right-of-way between 7d' Street and 2nd Street identified as Commerce Street (undeveloped) that was not conveyed to BLACKBERRY pursuant to this Agreement, consisting of 1.186 acres more fully described in Exhibit "D" attached hereto. CCA shall use the Easement granted by the COUNTY, as well as the property described in paragraphs 8(c) and 8(d) above, to perform repair, replacement and/or maintenance as it deems appropriate in its sole discretion, on the drainage improvements constructed by BLACKBERRY for the benefit of the COUNTY. The providing of repair, replacement and/or maintenance hereunder shall not obligate CCA to provide any third party with any additional drainage of the third party's property or of any COUNTY right-of-way. The connection to any of the drainage improvements by a third party requires a Corps of Engineers' permit; therefore, any third party who wants to connect to the drainage improvements shall give written notice to the CCA and the COUNTY of its intent to connect to the drainage improvements and pursue and obtain a Corps of Engineers' permit at its own cost and expense. 11. The COUNTY shall have no obligation to repair, replace or maintain the constructed drainage improvements in an underground state or perform any repair, replacement and/or maintenance of the constructed drainage improvements as they exist at the time of this Agreement. This paragraph shall not prevent COUNTY from providing repair, replacement and/or maintenance of the drainage improvements, to the extent allowed by law. In the event that COUNTY enters upon (a) COUNTY right -of - Blackberry Island, LP / Calhoun County, Texas 6 Property, Exchange and Maintenance Agreement 7/26/07 way, (b) COUNTY easement, or (c) on property owned by CCA or a successor in interest to BLACKBERRY or CCA, BLACKBERRY or any of its successors or assigns, COUNTY shall have no liability for the removal of landscaping, driveways or any other improvement that prevents the COUNTY from performing repair, replacement and/or maintenance to the drainage improvements that it performs. Miscellaneous Provisions 12. COUNTY and BLACKBERRY acknowledge that a comprehensive drainage study of the Port O'Connor area has not been performed. They further acknowledge that the improvements made pursuant to this Agreement are not intended to solve the long-standing drainage problems of the Port O'Connor area. The parties further acknowledge that any Agreements herein are intended to benefit only COUNTY, BLACKBERRY and CCA. Such agreements are not intended for the benefit of any third parties and BLACKBERRY shall not be obligated at any time in the future to provide any type of drainage that exceeds the drainage constructed pursuant to this Agreement. 13. This Agreement is entered into based upon the status of the law as it exists today. The parties recognize that the law may change to allow or require the COUNTY to perform drainage work, or the unincorporated area may incorporate to become a city which would have the obligation to provide drainage, or the existing Municipal Utility District may gain the authority to perform and/or provide drainage work in the Port O'Connor, Texas area. As such, the obligation of CCA to perform maintenance under this Agreement shall terminate automatically as of the date such mandate begins, in order to terminate CCA's repair, replacement and/or maintenance obligations hereunder. Blackberry Island, LP / Calhoun County, Texas 7 Property Exchange and Maintenance Agreement 7/26/07 COUNTY shall not approve any such mandate unless it includes the CARACOL subdivision. 14. It is the intent of BLACKBERRY, upon selling some or all of the lots in the subdivision to third parties, to convey the common areas of the CARACOL subdivision to CCA. Upon such conveyance, any obligation of BLACKBERRY under this Agreement shall be assigned to and assumed by CCA and BLACKBERRY'S obligations hereunder will terminate. COUNTY consents to the conveyance by Blackberry to CCA so long as this Agreement and the document of conveyance are filed of record in the Official Records of Calhoun County, Texas. 15. COUNTY shall give reasonable notice to CCA to request and/or perform repair, replacement and/or maintenance to the drainage improvements identified herein. 16. Notice may be given at the following address/fax: Commissioner Precinct 4 Calhoun County, Texas 104 E. Dallas P.O. Box 177 Seadrift, Texas 77983 Fax: 361.785.5602 Caracol Community Association, Inc. c/o Association Management, Inc. 9575 Katy Freeway, Ste. 130 Houston, Texas 77024 Fax: Approved at a duly called meeting of the Commissioner's Court of Calhoun County, Texas on the 26th day of July, 2007. Blackberry Island, LP / Calhoun County, Texas 8 Property Exchange and Maintenance Agreement 7/26/07 Calhoun County, Texas Kenneth Finster, Commissioner, Precinct 4 Caracol Community Association, Inc. By: 1 I Robert E. Fond n, Director THE STATE OF TEXAS § COUNTY OF CALHOUN § Blackberry Island, LP By: Blackberry Island, GP, LLC By: C&O Development Corporation By: Robert E. N�n-dYen, Vice President CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Kenneth Finster, Calhoun County Commissioner, Precinct Four, who is personally known to me to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on the 26t11 day of July, 2007. i ,� MY COMMISSION EXPIRES � �p June25,20ID Not Public in and for The Staie of Texas Blackberry Island, LP / Calhoun County, Texas 9 Property Exchange and Maintenance Agreement 7/26/07 THE STATE OF TEXAS § COUNTY OF CALHOUN § CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Robert E. Fondren, Vice President of C&O Development Corporation, the Managing Member of Blackberry Island, GP, LLC, the General Partner of Blackberry Island, LP and Director of Caracol Community Association, Inc., who is personally known to me to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on •lw:'e �MMARIE OOEFEY °gg-111 MY COMMIS510N EXPIRES Bias'. ; June 25,2010 - Blackberry Island, LP / Calhoun. County, Texas 1 O Property Exchange and Maintenance Agreement 7/26/07 The 26th day of July, 2007. blic in and of Texas | ] NET e n g i n e e r i n g July 25, 2007 Honorable Michael J. Pfeifer 211 South Ann, Suite 304 Port Lavaca, Texas 77979 RE: Caracol Project Dear Judge Pfeifer: I hereby certify that the drainage improvements along 7 h Street, 2nd Street and Commerce Street that were requested by the County cost Blackberry Island, LP the sum of $247,778.44. If you have any question, please feel free to call me. Sincerely, rt A �'� Y/W V `� r-�- �Vez e_�p Thomas A. Schmidt TAS/lal EXHIBIT Om (361) 578-9836 • Fax (361) 576-9836 e 2004 N. Commerce • Victoria, Texas 77901 �i APPRAISAL OF REAL PROPERTY LOCATED AT: Commerce St between 2nd & 7th See Attached, Port O'Connor, Calhoun County Port O'Connor, TX 77982 FOR: Roberts,Roberts, Odefey & Witte L.L.P. 2206 N. Hwy 35 Bypass Port Lavaca, TX 77979 AS OF: 0612112007 BY: Fagan Patterson 103 W. Guadalupe Victoria, Texas 77901 Patterson Appraisal Service (361)5758888 EXHIBIT Farm GA2— ^NinTOTAL" appraisal software by a Is mode, me. —1-800-AIAMODE 8 a consisting of R',r 4I�',�s�,f:;O 111 �� 200712 total pages Borrower File No. PA 07-184 PrcoenV Address Commerce St between 2nd & 7th City Port O'Connor County Calhoun State TX Zia Code 77982 Lender Roberts Roberts, Odefey & Witte L.L.P. APPRAISAL AND REPORT This appraisal conforms to 9m of the following definitions: ® Complete Appraisal (The actor process of estimating value, or an opinion of value, performed without invoking the Departure Rule.) ❑ Limited Appraisal (the act or process of estimating value, or an opinion of value, performed under and resultlng from invoking the Departure Rule.) This report is one of the following Types: Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal performed under STANDARD 1.) ® Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.) ❑ Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed under STANDARD 1 for client use only.) Comments on Standards Rule 2-3 1 certify that, to the best of my knowledge and belief. The statements of fact contained in this report are true and correct The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of this report. Comments on Appraisal and Report Identification Note any departures from Standards Rules 1-2, 1-3, 1-4, plus any USPAP-related issues requiring disclosure: The purpose of this appraisal is to offerp' f market value of the fee simpleinterest of the sub i ct property for rah or its q' t t the client. The intended use of the report's to assist the I' t in determining a k t value for a e for transaction with the ounty. The scope of this appraisal consists of collecting and anal zin ertinent data. This inclutletl but was not limited to an interior and exterior inspection of the subject ro ert nei hborhood identification usa a of available tlata sources research into the physical and economic factors that affect the property, and generating a final opinion of value of the subject. This escort is a summary of the findings. This is not a survey, legal opinion, engineering or inspection report. The use of this report assumes and signifies reading and acceptance of all limiting condition. This appraisal report has been re ared for the exclusive benefit of the client. It may not be used or relied upon by any other party. Any partywho uses or relies upon any information in this report, without the preparers written consent does so at his or her own risk. In this appraisal report, no warranty or guarantee is made or implied as to the condition of the roof, foundation electricals stems air conditioning and heating systems, appliances or any other components of the improvements, This would re uire an inspection from a qualified expert in these areas. This appraisal assumes all mechanical electrical and structural items are in good working wndition unless otherwise slated. APPRAISER: Signature:��r a Name: Fagan Patlerso Date Signed: 06/28/2007 Stale Centificaf0n #: TX-1326586-R or State License #: State: Tx Expiration Date of Cediticadon or License: vatrznne SUPERVISORY APPRAISER (only if required): Signature: Name: .Date Signed: State Certification #: or State License #: State: Expiration Date of Cenificaten or License ❑ Did ❑ Did Not Inspect Property Patterson Appraisal Service (361)575-6888 Form ID2 — "WinTDTAL" appraisal software by a to mode, inc.—1-800-ALAMODE LAND APPRAISAL REPORT Summann, Arooralsal Present File No. PA-07-184 Borrower Connecticut 170089-99 Map Reference 47020 Property Address Commerce St between 2nd & 7lh _ City Port O'Connor County Calhoun State TX Zip Code 77982 - Legal Description See Attached Port O'Connor Calhoun Count Sale Price $ NIA Date of Sale 6/21/2007 Loan Term Unk yrs. Property Rights Appraised M Fee ❑ Leasehold ❑ De Minions PUD Actual Real Estate Taxes$ Unknown (yr) Loan charges to be paid by seller$ Unknown Other sales concessions None Known _ Lender/Client Roberts Roberts OdefeY & Witte L.L.P. Address 2206 N. Hwy 35 Bypass, Port Lavaca TX 77979 Occupant Vacant Land Appraiser Fagan Patterson Instructions to Appraiser Estimate Fair Market Value Location ❑ Urban M Suburban ❑ Rural Built Up ®Over 75% ❑25%to 75% ❑Under 25% Good Avg. For Poor Employment Stability ❑ ®❑ ❑ Growth Rate ❑ Fully Dev. ❑ Rapid M Steady ❑ Slow Convenience to Employment ❑ ®❑ ❑ Property Values ❑ Increasing M Stable ❑ Declining Demand/Supply ❑ Shortage M In Balance ❑ Oversupply Convenience to Shopping ❑ ®❑ ❑ Convenience to Schools ❑ M ❑ ❑ Marketing Time ❑ Under 3 Mos. M4.6 Mos. El Over 6 Mos. Adequacy of Public Transportation ❑ M ❑ ❑ Present Land Use 70%1 Family _%2-4 Family %Arts. _%Condo 10%Commercial Recreational Faclllfis ❑ M ❑ ❑ - %Industrial 70%Vacant _% _ Change in Present Land Use M Not Likely ❑ Likely (*) ❑ Taking Place (*) Adequacy of Utilities ❑ M ❑ ❑ Property Compatibility ❑ M ❑ ❑ (*)From To Predominant Occupancy MOwner ❑Tenant 3 %Vacant Protection from Detrimental Conditions ❑ M ❑ ❑ Police and Fire Protection ❑ M ❑ ❑ Single Family Price Range $ 40 to $ 450 Predominant Value $ 80-150 Single Family Age New yrs. to 40 yrs. Predominant Age 20-30 yrs. General Appearance of Properties ❑ M ❑ ❑ Appeal to Market ❑ M ❑ ❑ Comments including those factors, favorable or unfavorable, opening marketability (e.g. public parks, schools, view, commercial and residential area in Port O'Connor. The majority of homes in the area are noise): The subject is located in an established weekend residences. Homes in the area range from mobile homes and small cottages to larger recreational properties. Access to support facilities is via 185. Dimensions Irregular -See Plat Zoning classificatlon None -Deed Restrictions Highest and best use MPresent use = 41,713 Sq. Ft. or Acres ❑ Corner Lot Present improvements Mdo ❑ do not conform to zoning regulations El Other (specify) Public Other(Descr@e) Free, M Gas El Water M San, Sewer M ❑ Underground Elect.&Tel. Comments (favorable or unfavorable including any noted and it is assumed to be free and OFF SITE IMPROVEMENTS Tcpo Level Street Access M Public ❑ Private Size Typical Asphalt Shape Long and. Rectangular Maintenance M Public ❑ Private View Avg -Residential ❑ Storm Sewer ❑ Curb/Gutter Drainage Appears adeouate LJ Sidewalk ❑Street Lights sure property located in A HUD Identified Special Flood Hazard Area? ❑No MYes apparent adverse easements,encroachments, or other adverse condhionsk No adverse easements or encroachments were clear of the same. The undersigned has rectled three recent sales of properties mast similar and proximate 10 subject and has considered these In the market analysis. The description includes a dollar adjustment causing market reacran to those tams of slgnificam carries between the subject and comparable properties. If a significant Rem in the comparable property is superior to or more Avmable than the subject pmpsity, a minus (-) adjustment is made thus reducing the indicated value of subject; R a slgnRcant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. ITEM I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address Commerce St between 2nd & 711 Port O'Connor Maple St -Pelican Point Sub Part O'Conner Maple-3rd & 4th Street Port O'Connor 3rd & Olive-L 7,8,9, 10 B 184 Port O'Connor Proximi to Sub act Sales Price w -_ N/A 1.71 miles SW 0.06 miles NE 0.13 miles N " r.. 85 000 2 98 In ectlTaxOffceMLS#06-043 - ' 110 000 z 'Y'} ;`� 6.66 Ins ecticn/Tax fficMLS#07-094 'E ` 133,000 Price Per Foot N/A 4.75 Data Source Ins ectionRax office In ect/TaxOffceMLS#06-229 - Dale of Bale and - Time Adjustment DESCRIPTION DESCRIPTION +- Ad ust. DESCRIPTION +- Adjust DESCRIPTION +- Adjust. 6/21/2007 05/01/2006 05/21/2007 07/20/2006 Location Commerce-2nd&7lh Pelican Point Sub +40000 Maple - 3rd & 4th Crnr 3rd&Olive Site law 41 713 sf 28 500 sf .40000 16 000 sf +100 O00 28 000 or +65 000 Access Good Good Good Good Unit To o m InLevel Fair Avera a -20000 -Level Average -20000 Level Average -20000 Level Im mvements None None None None Sales or Financing Concessions None Known Mkt Mkt. Mkt. .. .:- - .. Net Ad'. otal + 60 000 + 80,0001 + 45 000 Indicated Value ma rx of Subject br 8 145 000 'ttNeCf" ,$6 190000 82�03 17$000 Comments on market Data: All Cam arables were actuated Far differences in size. The remainingadjustments are self explanatory. Comments and Conditions of Appraisal: Sales information on each comearable was verified and each' true d Fral Reconciliation: Only the market approach was applicable in this pp These o t ti f the subjects market area. I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF 06/21/2007 _ to be $ 180.000 Fagan Pa era or Apraisers Review Appraiser if applicable ❑Did ElDid Not Physically Inspect Property N)KI Patterson Appraisal Service (361)575-8888 Form LND—"WInTOTAL' appraisal software by a Is mode, !no, —1-800-ALAMODE MULTI -PURPOSE SUPPLEMENTAL ADDENDUM FOR FEDERALLY RELATED TRANSACTIONS Patterson Appraisal Service (361)575-888B Borrower/Client Property Address Commerce St between 2nd & 7th C' Port O'Connor County Calhoun State TX Zip Code 77982 Lender Roberts Roberts Odeley & Witte L.L.P. This Multi -Purpose Supplemental Addendum for Federally Related Transactions was designed to provide the appraiser with a convenient way to comply with the current appraisal standards and requirements of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of Currency (OCC), The Office of Thrift Supervision POTS), the Resolution Trust Corporation (RTC), and the Federal Reserve. This Multi -Purpose Supplemental Addendum is for use with any appraisal. Only those statements which have been checked by the appraiser apply to the property being appraised. ® PURPOSE & FUNCTION OF APPRAISAL The purpose of the appraisal is to estimate the market value of the subject property as defined herein. The function of the appraisal Is to assist the above -named Lender in evaluating the subject property for lending purposes. This is a Federally related transaction. ® EXTENT OF APPRAISAL PROCESS ® The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales within the subject market area. The anginal source of the comparables is shown in the Data Source section of the market grid along with the source of conilrmafion, if available. The anginal source Is presented first The sources and data are considered reliable. When confiding information was provided, the source deemed most reliable has been used. Data believed to be unreliable was not included In the report nor used as a basis for the value conclusion. ❑ The Reproduction Cost Is based on supplemented by the appraisers knowledge of the local market. ❑ Physical depreciation is based on the estimated effective age of the subject property. Functional and/or external depreciation, if present, is specifically addressed in the appraisal report or other addenda. In estimating the site value, the appraiser has relied on personal knowledge of the local market. This knowledge is based on prior and/or cunent analysis of site sales and/or abstraction of site values from sales of improved properties. ❑ The subject property is located in an area of primarily awrenoccupled single family residences and the Income Approach is not considered to he meaningful. For this mason, the Income Approach was not used. ❑ The Estimated Market Rent and Gross Rem Multiplier utilized in the Income Approach are based on the appraiser's knowledge of the subject market area. The rental knowledge is based on poor and/or current rental rate surveys of residential propeNes. The Gross Rent Multiplier is based an prior and/or current analysis of prices and market rates for residential propeNes. ❑ For income producing propeNes, actual rents, vacancies and expenses have been reported and analyzed. They have been used to project future rents, vacancies and expenses. ® SUBJECT PROPERTY OFFERING INFORMATION According to the subject property: ❑ has not been offered for sale in the past 30 days. ❑ Is cupentiv offered for sale for$ ❑ wasofor sale within the past 30 days for$ ❑ Offering information was considered in the final reconciliation of value. ❑ Offering Intonation was not considered in the final reconciliation of value. ® Offering information was not available. The reasons for unavailability and the steps taken by the appraiser are explained later in this addendum. ® SALES HISTORY OF SUBJECT PROPERTY According to _ the Calhoun County Appraisal D-t'ct the subject property: ® has not transferred in the past twelve months. ❑ has not transferred In the past thirty-six months. ❑ hide transferred in the past twelve months. ❑ has transferred in the past thirty-six months. ❑ All prior sales which have occurred in the past twelve months are listed below and reconciled to the appraised value, either in the body of the report or in the addenda. Oale Sales Price Oaoument# Seller Buyer ® FEMA FLOOD HAZARD DATA ❑ Subject property tu not located in a FEMA Special Flood Hazard Area. ® Subject property's located in a FEMA Special Flood Hazard Area. zone FEMA Map/Panel # Map Cale Name of Community A10 4800970209D 4/211992 Port O'Connor ❑ The community does noate In the National Flood Insurance Program. ® The community does participate in the National Flood Insurance Program. ® It is covered by a rigylar program. ❑ It Is covered by an emergency program. Page 1 of 2 Farm MPA — "WinTOTAL" appraisal software by a In made, Inc.—1-800-ALAMODE ® CURRENT SALES CONTRACT ® The subject property is currently not under contract. ❑ The contract and/or escrow instructions Were not ava'Iable for review. The unavailability of the contact is explained later in the addenda section. ❑ The contract and/or escrow instructions were reviewed. The following summarizes the contract: Contract Date Amendment Date Contract Price Seller ❑ The contract indicated that personal property was not included In the sale. ❑ The contact indicated that personal property was included. it consisted of Estimated contributory value is $ El Personal property was not Included in the final value estimate. - ❑ Personal property, was included In the final value estimate. ❑ The contract indicated no boning concessions or other incentives. ❑ The contract indicated the.f II g or incentives: ❑ If concessions or incentives exist, the compatibles were checked for similar concessions and appropriate adjustrnems were made, if applicable, so that the final value conclusion is in compliance with the Market Value defined herein. ® MARKET OVERVIEW Include an explanation of current market conditions and trends. 3-6 months is considered a reasonable marketing period for file subject property based an talks with agents familiar with the area ® ADDITIONAL CERTIFICATION The Appraiser certifies and agrees that: (1) The analyses, opinions and conclusions ware developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice ("USPAP"), except that the Departure Provision of the USPAP does not apply. (2) Their compensation is not comngent upon the reporting of predetermined value or direction In value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. (3) This appraisal assignment�was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. ® ADDITIONAL (ENVIRONMENTAL) LIMITING CONDITIONS The value estimated Is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions unless otherwise stated in this report. The appraiser is not an expert in the Identification of hazardous substances or detrimental Environmental conditions. The appraiser's routine Inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or deUmental environmental condtions which would affect the property negatively unless otherwise stated In this report. It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or deldmentm environmental conditions an or around the property that would negatively affect its value. ❑ ADDITIONAL COMMENTS ® APPRAISER'S SIGNATURE & LICENSEICERTIFICATION Appralsers Signature Effective Date 06/2112007 Date Prepared 06/21/2007 Apptiiser's Name (print) Fa n Patterson Phone # p61 1575-8888 State TX ❑ License ® CeNfication # TX-1326586-R Tax ID # 467-96-7807 ❑ CO-SIGNING APPRAISER'S CERTIFICATION ❑ The cc -signing appraiser h ner inspected IN the subject property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. The report was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts responsibility for the contents of the report including the value conclusions and the lunging conditions, and confirms that the certifications apply fully to the co-signing appraiser. ❑ Theca -signing appraiser has UPIo allvis,ected the interior of the subject property and: ❑ Los not inspected the'exterior of the subject property and all comparable sales listed in the report. ❑ has inspected the exterior of the subject property and all comparable sales listed In the report. ❑ The report was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts responsibility for the contents of the report, including the value conclusions and the limitng conditions, and confirms that the certificatons apply fully to the co-signing appraiser with the exception of the certification regarding physical inspections. The above describes the level of Inspection performed by the co-signing appraiser. ❑ The co-signing appraiser's level of inspection, Involvement in the appraisal and certification process arecovered elsewhere in the addenda action of this appraisal. ❑ CO-SIGNING APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION Co -Signing Appraisers Signature Effective Date Oate Prepared Cc -Signing Appraiser's Name (print) Phone # ( 1 State ❑ License ❑ Certification# Tax ID # Page 2 of 2 Form MPA— "WinTOTAL" appraisal software by a Is made, Inc.—1-800-ALAMODE Location Map Borrower/Client _ Property Address Commerce St between 2nd & 71h CRY Port O'Connor County Calhoun Stale TX Zip Code 77982 Lender Roberts,Roberts Oclefey & Witte L.L.P. Form MAP.LOC — "WnTOTAL" appraisal software by a Is mode, Inc.—1-800-ALAMODE Flood Map Borrower/Client Pm2wy Address Commerce St between 2nd & 7th City Port O'Connor county Calhoun State TX ZIP Cade 77982 Lender Roberts,Roberls Odefev & Witte L.L.P. 45 Prepared for: Inte"Flood Patterson Appraisal Service bYara.W. Commerce St between 2nd v,gvw.tnkertlood,mm a 1-800-252-5633 Port O'Connor, Texas 77982 r y s Todd Hawrds Mep dap Number 1992 Far more Infarma[ion about Zed zones and hood Ireurznca, aamaa: � Q00120 R' € Powered by Floodsoume r 877.77.FL000 Form MARFL000 — "WinTOTAU' appraisal software by a la made, Inc. — t-800-ALAMOOE Subject Photo Page BarmwerlCliem Property Address Commerce St between 2nd & 7th City Port O'Connor Ccumy Calhoun Slate TX Zip Code 77982 Lender Roberts,Reberts, Odefey & Witte L.L.P. Subject Commerce St between 2nd & 7 Sales Price NIA G.L.A. 968 Tat. Rooms Tot. Beckons. Tot Balhrms. Localion Commerce-2nd&7tt View 41,713 of Sh 12,632 at Quality Average Age 20 Subject Rear Subject Street Form PIC4xe.SR — VmTOTAL' appmisal software by a la mode, ono.-1-800-ALAMODE Fagan Patterson 5 Topaz Lane Victoria, Texas 77904 Phone 361-575-8888 Education: College: Southwest Texas State University (Texas State University) Bachelor of Business Administration Graduated August, 1987 High School: Victoria High School Graduated May, 1982 Work Related Education: Texas Licensing and Certification Board & Texas Real Estate Approved Courses: Appraisal Employment: Professional Organizations: Appraisal Work Performed: Principals of Real Estate Real Estate Finance Real Estate Law and Contracts Real Estate Marketing Uniform Standards of Professional Appraisal Practice Phase I Environmental Site Evaluation at Texas A&M Phase II Environmental Site Evaluation at Texas A&M Appraisal Institute Courses: Appraisal Principals tH 10 Lincoln Graduate School: Farm & Land Appraisal The Columbia Institute: Principals of Condemnation FHA Appraising Classes Patterson Appraisal Service May 1, 1995 to present Residential, Light Commercial Appraisals Appraisal Associates August 1992 to April 1995 Sam H. Wilson & Associates Austin, Texas May 1992 to October 1992 Texas Real Estate Commission Broker License 90387356 Texas Appraiser Licensing mid Certification Board License TX-1326586-R Member of the Victoria Boards of Realtors, NAR, TAR Member of the Port Lavaca, Calhoun County MLS 6,000 + residential appraisals, FHA Approved, 75+ commercial, farm and ranch, multi -family, including work for state university in purchasing transactions. Clients include local, out of town and state mortgage companies, individuals, attorneys, trusts, etc.. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD EE IT KNOWNTIIAT JOSEPH FAGAN PATTERSON HAVING PROVIDED SATISFACTORYEVIDENCE OF THE QUALIFICATIONS REQUIRED BY TILE TEXASAPPRAISER LICENSINGAND CERTIFICATIONACT, TEXAS OCCUPATIONS CODE, CHAPTER 1103, ISAUTHORIZED TO USE THE TITLE STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER Shirley J. Ward, Chair Elroy Carson James B. R.din' Number: TX-1326586-R Date of Issue: January 22, 2007 Date of Expiration: January 31, 2009 In fVitmess Thereof *Wa Shirley .L Ward, Chair horburn, Shirk, Larry D. Raker, Vice -Chair M.1colm J. Doeson, Secretary Wi]aam A. Faulk, Jr. Paul E. Moore Clinton P. Sayers Dona S. Scurry Form SCNLGL — "WinTOTAL" appraisal software by a Is mode, Inc. 1-800-ALAMODE DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each soling prudently, knowledgeably and assuming the once is not affected by undue stimulus. Implicit in this definition is the consummagon of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment Is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are narmally paid by sellers as a result of tradition or law in a market area; these costs are readily Identifiable since the seller pays these casts In virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not he calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based an the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's cemflcatlon that appears In the appraisal report is subject to the fallowing conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to h The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the tire. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch In the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of file report in visualizing the property and understanding the appraiser's detenninatlon of its size. 3. The appraiser has examined the available good maps that are provided by the Federal Emergency Management Agency far other data sources) and has noted in the appraisal report whether the subject site is located In an identified Special Flood Hazard Area. Because the appraiser Is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the Improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the Inspection at the subject properly or that he or she became aware of during the normal research Involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparem conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such -conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser Obtained the information, estimates, and opinions that were expressed In the appraisal report from sources that he or she considers to be reliable and believes them to he true and correct. The appraiser does not assume responsibility, for the accuracy Of such items that were furnished by other parties. B. The appraiser will not disclase the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations an the assumption that completion of the Improvements will be performed In a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the finn with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial Institution; or any department, agency, or Instrumentality Of the United States Or any state or the District of COlumbia; except that the lender/client may distribute the property description section of the report only to data collection Or reporting service(s) without having to obtain the appraisers prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public Felaturs, news, sales, or other media, Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004E 6-93 Patterson Appraisal Service (361)575-88B8 FOR ACB — "WinTOTAL" appraisal software by a Is made, inc.—1-800-ALAMODE APPRAISER'S CERTIFICATION: The Aigalsercertifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and propmate to the subject property for consideration In the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those Items of significant variation. If a significant gem in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales once of the comparable and, it a significant item In a comparable property Is inferior to, or less favorable than the subject property, I have made a positive adjustme rtm Increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the separate of market value in the appmisal report. I have not knowingly wghheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appmisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this farm. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the pamcipants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direcgon in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage Iwn. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the Interior and exterior areas of the subject property and the exterior of all propeties listed as comparables In the appraisal report. I further certify that I have acted any apparent or known adverse conditions in the subject Improvements, on the subject site, or on any site within the Immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. It I relied on significant professional assistance from any individual or Individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individuals) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I candy that any Individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she Outlines and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full Responsibility for the. appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: Commerce St between 2nd & 7th Port O'Connor TX 77982 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature Name: Fagan Patt§lson Date Signed: 06/2812007 State Certilicabon #: TX-132fi586-R or State License #: State: TX Expiration Date of Certification or License: 1/31/2009 Mac Form 439 6-93 Page 2 of 2 Signature Name: Dale Signed: — State Certification #: or Stale License #: _ State: Expiration Date of Cei or License. [I Did ❑ Did Notlnspect Progeny Fannie Mae Form 1D04B 6-93 Form ACD— "Wirri L° appraisal software by a Is mode, Inc. —1-800-ALAMODE 1.186 ACRE DRAINAGE EASEMENT THE STATE OF TEXAS) THE COUNTY OF CALHOUN) BEING a 1.186 acre tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of the Commerce Street right-of-way as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of Calhoun County, Texas, said 1.186 acre tract of land being more firlly described by metes and bounds as follows: BEGINNING at a 5/8. inch diameter steel rebar found in the north right-of-way line of said Commerce Street marking the south comer of that certain 0.775 acre tract of land as conveyed from Dorothy M. Fisher to Sean K. O'Sullivan and Nancy O'Sullivan according to instrument recorded in Volume 256, Page 302 of the Official Public Records of said County, same being the west comer of the herein described tract; THENCE, North 63 deg 22'00" East, along the common north right-of-way line of said Commerce Street, a distance of 1439.37 feet to a 5/8 inch diameter steel rebar set for the south comer of that certain 1.033 acre tract of land as conveyed from Willie Delmer Scott to William Carlisle Bagby according to instrument recorded in Volume 267, Page 356 of the Official Public Records and being the east comer of that certain 0.3455 acre tract of land as conveyed from Dorothy M. Fisher, et al, to Gary L. Stewart according to instrument recorded in Instrument No. 99794 of the Official Public Records of said County, same being the north comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 52.71 feet to a point in the common boundary line of said Commerce Street and Caracol, an addition to the City of Port O'Connor, Texas according to the map and plat of record in Volume Z, Page 712, Slide 463 AMCD, Instrument No. 100140 of the Plat Records of said County, for the east comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Cement, a distance of 18.30 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.69 feet to a point for an interior corner of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 488.74 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.21 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.19 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 90.00 feet to a point for an interior corner of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.10 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.08 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 230.00 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 13.85 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; FEXHIBIT THENCE, North 26 deg 38'00" West, a distance of 13.83 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 90.00 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 13.74 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Cameol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 13.72 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 32.74 feet to a point for an exterior angle of the herein described tract; THENCE, North 71 deg 38'00" West, a distance of 15.56 feet to a point for an interior angle of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 400.00 feet to a point for the south comer of the herein described tract; THENCE, North 23 deg 39'30" West, a distance of 27.04 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 1.186 acre tract of land, more or less. All set 5/8 inch diameter steel rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC." The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marking the south or southeast comer of Block 143 and another existing concrete monument marking the east or southeast comer of Block No. 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in July, 2007 and are true and correct to the best of my knowledge and belief. /1 OF B Terry .Ruddick Re istered Professional Land Surveyor Texas No. 4943 S14734-18 —1.186 ACRE EASEMENT/mal EXHIBIT a Vp 5 Paa�2 f i SEVENTH STREET (60.0' R.O.W.) u' zmjs dq L24 a� z Odom z m F' �^➢ - o w 0 mzpWO -_ m �m Z < Z Din nym° 035� m n o my ocAy ��2 � a 3 m m A mzz> ON E 2 n w9C mOO.p g�£ 00 m Op C A m m AOA N Am➢ - y C mAA A? gyp' O Z\^y Nm Z mAD m4"e� - c m<z Wn c _ m °Tzn "TM`*aM oaEru ne 6TH ST. _ _ n p CCU WLWEI �q �rsAs�m yO >MKO 8 Nn timma amS �S O m D 0 8^ 9 n Ao o svuu la �' n � wsm�unna�a� � avv¢wweuc s Id _ r-� m� memxr M.nsxEv.e7u ryy y N,o�m mm>GN_ ssa A y 5THST. and z... Zmvrmzmmz >^� n m Ni m - - pai€p o m o 0 o v a a o v o o m €a sap ° v U) m o N _ r £' A a m A o m A miz0 N N m '� A �n m' ¢3 r O AwN om'mJ'm'm'A'm y 8 �m z u+z vszm my z mvsm wmm mN OR °omgoN9IRgqq x m A y sx D€ m G) $a m m Hl A A m R" m -1 y °C > mz n V x z m <mp Pgc S A O m r m m .9, 3 m> � z F 3 C ng,E C m 0 v I A 'Ro g 0 yr A p D Z C Z A .< co z v m mH m nz ° 3 e� m - m op g m EXHIBITL2 Rqp xvusoamenxorr o y,�D,� a Page 3 of 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT AGREEMENT This Easement Agreement is made on July 26, 2007, in Calhoun County, Texas, between CALHOUN COUNTY, TEXAS by and through its COMMISSIONER'S COURT ("Grantor") and CARACOL COMMUNITY ASSOCIATION, INC., a Texas Nonprofit Corporation ("Grantee") whose mailing address is c/o Association Management, Inc., 9575 Katy Freeway, Ste. 130, Houston, Texas, 77024. Grant of Easement and Consideration 1. For the consideration of the Property Exchange and Maintenance Agreement entered into between Grantor and Grantee on even date herewith and filed for record in the Official Records of Calhoun County, Texas, Grantor grants to Grantee an easement and right-of-way upon, over, under and across the following described property (the "Property") of the Grantor: Grantor's right-of-way between Maple Street and Water Street (previously abandoned, as shown of record at Instrument No. 99118 of the Official Records of Calhoun County, Texas) on 2nd Street, adjacent to the CARACOL subdivision, not including areas paved by COUNTY; and, Grantor's right-of-way between Maple Street and Water Street (previously abandoned to Kenneth Clark, as shown of record at Volume 391, Page 785 of the Official Records of Calhoun County, Texas) on 7th Street, adjacent to the CARACOL subdivision, not including areas paved by COUNTY; Easement Agreement Calhoun County, Texas to Caracol Community Association, Inc. July 25, 2007 Page I of 5 Grantor's right-of-way between 7'f Street and 2ml Street identified as Commerce Street (undeveloped) consisting of 1.186 acres more fully described in Exhibit "A" attached hereto. Grantor's ten foot (10') drainage easement consisting of 3,113 square feet filed of even date herewith. Grantor's ten foot (10') drainage easement consisting of 2,982 square feet filed of even date herewith. Grantor's easements as shown of record on the Plat filed of record at Volume Z, Page 712, Plat Records of Calhoun County, Texas, and additionally filed of record in an Easement Agreement filed of even date herewith. Purpose of Easement 2. This easement, with its rights and privileges, shall be used only for the purpose of repairing, replacing and/or maintaining drainage improvements as more fully described in the Property Exchange and Maintenance Agreement entered into between Grantor and Grantee filed for record in the Official Records of Calhoun County, Texas on even date herewith. Duration of Easement 3. This easement shall be perpetual. Warranty of Title 4. Grantor and its successors, and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to Grantee and Grantee's successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property. Easement Agreement Calhoun County, Texas to Caracol Community Association, Inc. July 25, 2007 Page 2 of 5 Nonexclusiveness of Easement 5. The easement, rights, and privileges granted by this conveyance are nonexclusive, and Grantor reserves and retains the right to convey similar rights and easements to such other persons as Grantor may deem proper. Temporary Easements 6. In addition to the easement granted above, Grantee shall have the right to use as much of the surface of the Property adjacent to the easement as may be reasonably necessary for Grantee to repair, replace and/or maintain drainage improvements in the easement. On completion of any repair, replacement and/or maintenance, Grantee shall replace and restore the paved right-of-way to its condition immediately prior to the work conducted by the Grantee. Rights Reserved 7. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area described in this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the easement. Entire Agreement S. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Easement Agreement Calhoun County, Texas to Caracol Community Association, Inc. July 25, 2007 Page 3 of 5 BindingEffect 9. This Agreement shall bind and inure to the benefit of the respective parties, their successors, and assigns. Approved at a duly called meeting of the Commissioner's Court of Calhoun County, Texas on the 261h day of July, 2007. Executed this 26th day of July, 2007 at Calhoun County, Texas. CALHOUN COUNTY, TEXAS By:° Gam• _ems Kenneth Finster, Commissioner Precinct 4 THE STATE OF TEXAS § COUNTY OF CALHOUN § CARACOL COMMUNITY ASSOCIATION, INC. By: 4, ��r R b Fondren, lYreetor CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Kenneth Finster, Calhoun County Commissioner, Precinct Four, who is personally known to me to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on the 'sy��'� ANNE MARIE ODEFEI' �:'e',;.m= MY COMMISSION EXPIRES r ;,;�: June 25, 2010 Easement Agreement Calhoun County, Texas to Caracol Community Association, Inc. July 25, 2007 Page 4 of 5 July, 2007. blie in and for of Texas THE STATE OF TEXAS § COUNTY OF CALHOUN § CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Rob Fondren, Director of Caracol Community Association, Inc., who is personally known to me to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he executed the instrument for the purposes and considerations expressed on behalf of said entity. Given under my hand and seal of office on tie 26th ANNE MARE ODEFEY MYCOMMISSION EXPIRES dune 25, 2010 Easement Agreement Calhoun County, Texas to Caracol Community Association, Inc. July 25, 2007 Page 5 of 5 July, 2007. blic in and of Texas 1.186 ACRE DRAINAGE EASEMENT THE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 1.186 acre tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of the Commerce Street right-of-way as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of Calhoun County, Texas, said 1.186 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 518 inch diameter steel rebar found in the north right-of-way line of said Commerce Street marldrig the south comer of that certain 0.775 acre tract of land as conveyed from Dorothy M. Fisher to Sean K. O'Sullivan and Nancy O'Sullivan according to instrument recorded in Volume 256, Page 302 of the Official Public Records of said County, same being the west comer of the herein described tract; THENCE, North 63 deg 22'00" Fast, along the common north right-of-way line of said Commerce Street, a distance of 1439.37 feet to a 5/8 inch diameter steel rebar set for the south comer of that certain 1.033 acre tract of land as conveyed from Willie Delmer Scott to William Carlisle Bagby according to instrument recorded in Volume 267, Page 356 of the Official Public Records and being the east comer of that certain 0.3455 acre tract of land as conveyed from Dorothy M. Fisher, et al, to Gary L. Stewart according to instrument recorded in Instrument No. 99794 of the Official Public Records of said County, same being the north comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 52.71 feet to a point in the common boundary line of said Commerce Street and Caracol, an addition to the City of Port O'Connor, Texas according to the map and plat of record in Volume Z, Page 712, Slide 463 AB&CD, Instrument No. 100140 of the Plat Records of said County, for the east comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 18.30 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.69 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 488.74 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.21 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior corner of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.19 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 90.00 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.10 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; TIIENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior corner of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.08 feet to a point for an interior corner of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 230.00 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 13.85 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; EXHIBIT 1, A" Page 1 of 3 THENCE, North 26 deg 38'00" West, a distance of 13.83 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 90.00 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 13.74 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line. of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 13.72 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 32.74 feet to a point for an exterior angle of the herein described tract; THENCE, North 71 deg 38'00" West, a distance of 15.56 feet to a point for an interior angle of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 400.00 feet to a point for the south comer of the herein described tract; THENCE North 23 deg 39'30" West, a distance of 27.04 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 1.186 acre tract of land, more or less. All set S/8 inch diameter steel rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC." The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marking the south or southeast corner of Block 143 and another existing concrete monument marking the east or southeast comer of Block No. 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in July, 2007 and are true and correct to the best of my knowledge and belief. n OF Uran Byterry .Ruddick 11 +'/) E R ! T. fiUf�O Registered Professional an Survey Texas No. 4943 :. S 14734.18 —1.186 ACRE EASEMENT/mat EXHIBIT a A Page 2 of 3 SEVENTH STREET (60.0' R.O.W.) m z 0 l xN3y z�D2 p-om *Dmm mzozo o o< , mml > O om* mzZN m o0A llo-x oZm AOA Aww m pi3O �NA c ymo Sm> m<z m mmD yoy p�c Tz� 3 CCU m T A A m o i u z oN r om ® z�mm En b A A m <�;n Z m<C �0mA a=�xqi y p>y Z A A >z` D n � A nEg � 5$x o s gsg§sm 2 i gym€ g RII a nun �uuNFIv a °r°viai PUMM vecm'm m E S e €.� g W L mgQo Ei�m nu s �� BmMePR4 EVPX3 NFIllIN.99551 m co T m°°wn�. esxen Eru uc. wsiwuortx°. wsai a D� n o g$ x ��4 F `ap 6teo4 n Ham A D z D m m m D m m m m z pta,gos ma; ao��g m �maa� R 1NWEfiTM 3WR i0 6TH ST G n z_ 1 D Panr � of 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT AGREEMENT This Easement Agreement is made on July 26, 2007, in Calhoun County, Texas, between BLACKBERRY ISLAND, LP, its successors and assigns, and CALHOUN COUNTY, TEXAS by and through its COMMISSIONER'S COURT ("Grantee") whose mailing address is 211 S. Ann Street, Port Lavaca, Texas 77979. Grant of Easement and Consideration For the consideration of the Property Exchange and Maintenance Agreement entered into, between Grantor and Grantee on even date herewith and filed for record in the Official Records of Calhoun County, Texas, Grantor grants to Grantee an easement and right-of-way upon, over, under and across the following described property. (the "Property") of the Grantor: A fifteen foot (15') drainage easement perpendicular to 7 h Street, Port O'Connor, Texas, as shown on the plat of CARACOL subdivision filed of record at Volume Z, Page 712, Plat Records of Calhoun County, Texas; and Four (4) — Twenty foot (20') easements perpendicular to Commerce Street (undeveloped) and through Neritina Drive as shown on the plat of CARACOL subdivision filed of record at Volume Z, Page 712, Plat Records of Calhoun County, Texas; and A ten foot (10') drainage easement consisting of 3,113 square feet, being further described on Exhibit "A" attached hereto; and A ten foot (10') drainage easement consisting of 2,982 square feet, being further described on Exhibit " B" attached hereto; and Easement Agreement Blackberry Island, LP to Calhoun County, Texas July 25, 2007 Page] of 5 copy A portion of a 1.186 acre tract (being further described in Exhibit "C" attached hereto) that lies within the tract conveyed to Blackberry Island, LP pursuant to the Property Exchange and Maintenance Agreement filed of even date herewith and the Warranty Deed filed of even date herewith. Purpose of Easement 2. This easement, with its rights and privileges, shall be used only for drainage purposes as more fully described in the Property Exchange and Maintenance Agreement entered into between Grantor and Grantee filed for record in the Official Records of Calhoun County, Texas on even date herewith. Duration of Easement 3. This easement shall be perpetual. Warranty of Title 4. Grantor and its successors, and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to Grantee and Grantee's successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property. Nonexclusiveness of Easement 5. The easement, rights, and privileges granted by this conveyance are nonexclusive, and Grantor reserves and retains the right to convey similar rights and easements to such other persons as Grantor may deem proper. Temporary Easements 6. In addition to the easement granted above, Grantee shall have the right to use as much of the surface of the Property adjacent to the easement as may be reasonably Easement Agreement Blackberry Island, LP to Calhoun County, Texas July 25, 2007 Page 2 of 5 necessary for Grantee to repair, replace and/or maintain drainage improvements in the easement. Rights Reserved 7. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area described in this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the easement. Entire Agreement 8. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Binding Effect 9. This Agreement shall bind and inure to the benefit of the respective parties, their successors, and assigns. Approved at a duly called meeting of the Commissioner's Court of Calhoun County, Texas on the 26t' day of July, 2007. Executed this 26th day of July, 2007 at Calhoun County, Texas. CALHOUNCOUNTY, 'TEXAS By: Kemleth Finster, Commissioner Precinct 4 Easement Agreement Blackberry Island, LP to Calhoun County, Texas July 25, 2007 Page 3 of 5 �11a1.. y �I BLACKBERRY ISLAND, LP, a Texas limited partnership By: Blackberry Island GP, LLC, a Texas limited liability company, its general partner By: C & O Development Corporation, a Texas corporation, its sole member and manager By: f &%, Q-a= Robed Fon ren, Vice President THE STATE OF TEXAS § COUNTY OF CALHOUN § CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Kenneth Finster, Calhoun County Commissioner, Precinct Four, who is personally known to me to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on the 26th day of July, 2007. 9:1 E duna 25, THE STATE OF TEXAS § COUNTY OF CALHOUN § CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Robert E. Fondren, on behalf of Blackberry Island, LP, who is personally known to me to be the person whose name is subscribed to the foregoing instrument, and who has Easement Agreement Blackberry Island, LP to Calhoun County, Texas July 25, 2007 Page 4 of 5 acknowledged to me that he executed the instrument for the purposes and considerations expressed on behalf of said entity. Given under my hand and seal of office on i,Bp 26th day of July, 2007. FL /Notary/Public in and for The j4t� of Texas The State of Texas Easement Agreement Blackberry Island, LP to Calhoun County, Texas July 25, 2007 Page 5 of 5 3,113 SQUARE FEET 10' DRAINAGE EASEMENT TILE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 3,113 square foot tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of Caracol, an addition in Port O'Connor, Calhoun County, Texas, according to the map and plat of record recorded in Volume Z, Page 712, Slide 463 AB&CD, Instrument No. 100140 of the Plat Records of Calhoun County, Texas, said 3,113 square foot tract of land being more fully described by metes and bounds as follows: COMMENCING at a 518 inch diameter steel rebar found in the north right-of-way line of Commerce Street as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of said County, marking the east corner of that certain 1.033 acre tract of land as conveyed from Willie Delmer Scott to William Carlisle Bagby according to instrument recorded in Volume 267, Page 356 of the Official Public Records of said county, THENCE South 24 deg 08'19" East, a distance of 53.06 feet to a 5/8 inch diameter steel rebar found for the north corner of of said County for the POINT OF BEGINNING, same being the north corner of the herein described tract; THENCE, South 26 deg 38'00" East, along the common east boundary line of said Camcol, a distance of 10.00 feet to a point for the east comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 30626 feet to a point for the south comer of the herein described tract; THENCE, North 71 deg 38'00" West, a distance of 14.14 feet to a point in the north boundary line of said Caracol for the west comer of the herein described tract; THENCE, North 63 deg 22'00" East, a distance of 316.26 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 3,113 square foot tract of land, more or less. The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marking the south or southeast comer of Block 143 and another existing concrete monument marking the east or southeast comer of Block No. 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in .Tune, 2007 and are true and correct to the best of my knowledge and belief. _ By: Terry T. Ruddick t/ to l r-�( L-) Registered Professional Land Surveyor S14734.18 - 3,113 SQFT EASEMENT/mal 2,982 SQUARE FEET 10' DRAINAGE EASEMENT THE STATE OF TEXAS) THE COUNTY OF CALHOUN} BEING a 2,982 square foot tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of the Commerce Street right-of-way as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of Calhoun County, Texas, said 2,982 square foot tract of land being more fully described by metes and bounds as follows: COMMENCING at a 518 inch diameter steel rebar found in the north right-of-way line of said Commerce Street marking the east comer of that certain 1.033 acre tract of land as conveyed from Willie Delmer Scott to William Carlisle Bagby according to instrument recorded in Volume 267, Page 356 of the Official Public Records of said county, THENCE South 24 deg 08' 19" East, a distance of 43.05 feet to the POINT OF BEGINNING, same being the north comer of the herein described tract; THENCE, South 24 deg 08' 19" East, a distance of 10.01 feet to a 5/8 inch diameter steel rebar found for the north comer of Caracol, an addition in Port O'Connor, Calhoun County, Texas, according to the map and plat of record recorded in Volume Z, Page 712, Slide 463 AB&CD, Instrument No. 100140 of the Plat Records of said County, same being the east comer of the herein described tract; THENCE, South 63 deg 22'00" West, along the common boundary line of said Caracol, a distance of 297.96 feet to a point for the south comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 10.00 feet to a point for the west comer of the herein described tract; THENCE, North 63 deg 22'00" East, a distance of 298.40 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 2,982 square foot tract of land, more or less. The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marking the south or southeast comer of Block 143 and another existing concrete monument marking the east or southeast comer of Block No. 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in June, 2007 and are true and correct to the best of my knowledge and belief. a 0 ` Urb 4Survejig, Inc. ..... ... ....: By: Terry T. uddick o(g' �� 6�( TERRY T. RUQIJI%I< Registered Professional Land Surveyor ° �� 4943 � . e... Texas No. 4943 S 14734.18 - 2,982 SQFT EASEMENT/oral w NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. General Warranty Deed Date: July 26, 2007 Grantor: County of Calhoun, Texas, a Texas Governmental Entity Grantor's Mailing Address: County of Calhoun, Texas Attn: Calhoun County Judge 211 S. Ann Street Port Lavaca, Texas 77979 Calhoun County Grantee: Blackberry Island, LP, a Texas limited partnership Grantee's Mailing Address: Blackberry Island, LP Three Riverway, Suite 120 Houston, Texas 77056 Harris County Consideration: The Property Exchange and Maintenance Agreement Concerning the Commerce Street ROW Between 71h Street and 2"d Street and the 7`h Street ROW and 2"d Street ROW Located Adjacent to the Caracol Subdivision and the exchange of real property pursuant to the identified Agreement and Easement Agreements filed of even date herewith, title to which is accepted by Grantor the same as if the consideration represented by the exchange were paid in cash. There is no lien, either expressed or implied, created by the exchange of property. Any such lien is waived and released by Grantor. Property (including any improvements): 0.3640 acre tract of land being more fully described by metes and bounds on Exhibit "A" attached hereto. 0.5657 acre tract of land being more fully described by metes and bounds on Exhibit "B" attached hereto. Exceptions to Conveyance and Warranty: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for 2007, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the Consideration the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, the Exceptions to Conveyance and Warranty. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except for limited warranties of title set forth in this deed. When the context requires, singular nouns and pronouns include the plural. COUNTY OF CALHOUN, TEXAS, a Texas Governmental Entity, By: Kenneth Finster, Commissioner Precinct 4 STATE OF TEXAS § COUNTY OF CALHOUN § Before me, the undersigned Notary Public, on this day personally appeared Kenneth Finster, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that Kenneth Finster executed the same as the act of County of 2 Calhoun, Texas, a Texas Governmental Entity, as its Commissioner, Precinct 4, for the purposes and consideration therein expressed. Given under my hand and seal of office this 26`" day of July, 2007. ANNE MARIE ODEFEY 1 i MY COMMISSION EXPIRES [ June 25, 2010 MIA I�otary ;yiublic, State My commission exp PREPARED IN THE OFFICE OF: Roberts, Roberts, Odefey & Witte P. O. Box 9 2206 North Highway 35 Bypass Port Lavaca, Texas 77979 Tel: (361) 552-2971 Fax: (361) 552-5368 AFTER RECORDING RETURN TO: Roberts, Roberts, Odefey & Witte P. O. Box 9 2206 North Highway 35 Bypass Port Lavaca, Texas 77979 Tel: (361) 552-2971 Fax: (361) 552-5368 3 0.3640 ACRE THE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 0.3640 acre tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of the Commerce Street right-of-way as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of Calhoun County, Texas, said 0.3640 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch diameter steel rebar found in the north right-of-way line of said Commerce Street marking the east comer of that certain 1.033 acre tract of land as conveyed from Willie Delmer Scott to William Carlisle Bagby according to instrument recorded in Volume 267, Page 356 of the Official Public Records of said county, and being the north corner of the herein described tract; THENCE, South 24 deg 08'19" East, crossing said Commerce Street, a distance of 53.06 feet to a 5/8 inch diameter steel rebar found for the north comer of Caracot, an addition in Port O'Connor, Calhoun County, Texas, according to the map and plat of record recorded in Volume Z, Page 712, Slide 463 AB&CD, Instrument No. 100140 of the Plat Records of said County, same being the east comer of the herein described tract; THENCE, South 63 deg 22'00" West, along the common boundary line of said Caracol, a distance of 297.96 feet to a point for the south comer of the herein described tract; THENCE, North 26.deg 38'00" West, crossing said Commerce Street, a distance of 53.01 feet to a 5/8 inch diameter steel rebar set marking the south comer of said 1.033 acre tract of land, same being the west comer of the herein described tract; THENCE, North 63 deg 22'00" East, along the common south line of said 1.033 acre tract of land, a distance of 300.27 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 0.3640 acre tract of land, more or less. All set 5/8 inch diameter steel rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC." The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marking the south or southeast comer of Block 143 and another existing concrete monument marking the east or southeast corner of Block No. 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in May, 2007 and are true and correct to the best of my knowledge and belief. n By: Terry T. Ruddick tl�U2 f ' ! L, Registered Professional Land Surveyor Texas No. 4943 S 14734.18 — Bagby Commerce — 0.3640 Acre/mal "A" Pageof2 1.186 ACRE DRAINAGE EASEMENT THE STATE OF TEXAS} THE COUNTY OF CALHOUN) BEING a 1.186 acre tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of the Commerce Street right-of-way as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of Calhoun County, Texas, said 1.186 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch diameter steel rebar found in the north right-of-way line of said Commerce Street marking the south comer of that certain 0.775 acre tract of land as conveyed from Dorothy M. Fisher to Sean K. O'Sullivan and Nancy O'Sullivan according to instrument recorded in Volume 256, Page 302 of the Official Public Records of said County, same being the west comer of the herein described tract; THENCE, North 63 deg 22'00" East, along the common north right-of-way line of said Commerce Street, a distance of 1439.37 feet to a 518 inch diameter steel rebar set for the south comer of that certain 1.033 acre tract of Ind as conveyed from Willie Delmer Scott to William Carlisle Bagby according to instrument recorded in Volume 267, Page 356 of the Official Public Records and being the east comer of that certain 0.3455 acre tract of land as conveyed from Dorothy M. Fisher, et at, to Gary L. Stewart according to instrument recorded in Instrument No. 99794 of the Official Public Records of said County, same being the north comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 52.71 feet to a point in the common boundary line of said Commerce Street and Caracol, an addition to the City of Port O'Conamr, Texas according to the map and plat of record in Volume Z, Page 712, Slide 463 AB&CD, Instrument No. 100140 of the Plat Records of said County, for the east comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 18.30 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.69 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 488.74 feet to a point for an interior corner of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.21 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; TIMNCR, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.19 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 90.00 feet to a point for an interior corner of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.10 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'00" West, a distance of 14.09 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 230.00 feet to a point for an interior comer of the herein described tract; TITENCE, South 26 deg 38'00" Last, a distance of 13.85 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior comer of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Caracol, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; EXHIBIT "s Page 1 of 3 THENCE, Notch 26 deg 38'00" West, a distance of 13.83 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 90.00 feet to a point for an interior comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 13.74 feet to a point in the common boundary line of said Commerce Street and said Caracol for an exterior corner of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Commerce Street and said Comical, a distance of 20.00 feet to a point for an exterior comer of the herein described tract; THENCE, North 26 deg 38'.00" West, a distance of 13.72 feet to a point for an interior comer of the herein described tract; THENCE, South 63 deg 22'00" West, a distance of 32.74 feet. to a point for an exterior angle of the herein described tract; THENCE, North 71 deg 38'00" West, a distance of 15.56 feet to a point for an interior angle of the herein described tract; - THENCE, South 63 deg 22'00" West, a distance of 400.00 feet to a point for the south comer of the herein described tract; THENCE, North 23 deg 39'30" West, a distance of 27.04 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 1.186 acre tract of land, more or less. All set 5/8 inch diameter steel rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC." The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marldng the south or southeast comer of Block 143 and another existing concrete monument marking the east or southeast comer of Block No. 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in July, 2007 and are true and correct to the best of my knowledge and belief. I _ Urb n Sun ying, Inc. 'I=RRY T . RUDDICK By: erry .Ruddick 13o, Registered Professional Land Surveyor FFld i7'•Cp,�s�\Cr' Texas No. 4943 514734.18 —1.186 ACRE EASEMENT/mal �XFIIBIT 8 ,�C,� s Page 2 of 3 SEVENTH STREET (60.0' R.O.W.) m z N y SR L24 a� o zmyx z o�pm m mZOO -- m a m mmm mom D L]A mA m H a H my ZAoD€' F pZ RI -I pmAy 3 m AOC m2Zy k�i� � v on "FlOCA .. jd m� ozm N» m AT➢ W m C mAA - m_ N 6 o y,p y11cx y oEN f g n`w D xm3 g3 4 z mAD m myD R21 �1 -ioy p � m pm m o c 6TH ST. m zD ooaonrc"u"oslennuae o'^ A�q 'CC ai°cµu'ci v m� o W <A o m o e CJL ?�1 v A r r e v m D ..• A a myAND `e4' 3(�1 oom>o om. co N J n � p v EOP4MINFlGFREiAI y N n� N � _' AP9MA pl n OFi1EluL WPPEc0.'Ip,9m y C r � NP�µFlE�mmw CK ?a o N o e m m m p ,r, G, 2 y 5TH ST. Z m N m Z m 41 m Z fO N Z D � m m m m oN000N000Noo ;m m m 'o oTt' o m As $oo - - - - - - - Da p €gip59 G N G G G w �3 9g a n o 3 a mN�m�'m �m Nn''w -, � §m nw z m z m z m m m z mmm PF o m mmm mmm D N N WIs m N m N m 22 t n 5 :E `2 m `2 `L � m � C5i �3$m y o N 1!� K v �1 D z a�� D =�_ M a€ v m n m a� m m - A A m � m �I dFm =yo m RIG o `om W> F o > ® z 3 m -zj fig- < o m m r m y A m aAg g ci m SAC mCDIyD A �AmT co -EmN� y= A D mm V/ D r O m 0 N O z .1c., Page 3 of 3 a N+ r mz= Z Z V w z 30i" m� mN m m m m0 �Am o z,o x,M r oy0Ay•>-� m mA m<� ono ,�% >0c nmro P zo, Z �p m-m m mZv C} N mZm O T4 i mo ° N 26038'00" W n J0 a XZ ;� Lai 53.01' ssq I i N 0 < mn y Z m n 'A S""° T 0< m A -Oi mI m IAII Z Z O :L• mn�1 yC my Zo O.w I� ry o.A°m r ON 1 4 w80 p 0:' o z W a N mIN u a mO `e N �a amen Qio m I� O Amn po -Imp ml�Im mr r O K, n fv Iv �. ili 0Am N M. 0m pq�� O [n { A A p o® N x m Z 0 norm M ml z�r 14f AAl A rnmm m W < n Z Q D O _ y m O m v ® I C m l m z O m n m l zv� im Ti K-- m m l m Z Z � j> 1'll m ZZ� v A Itil I, Z n0 0 y Z O m O — Fm L 11 53.06' rya LZS 24008'19" E SECOND STREET (60.0' R.O.W.) z m <c "AC Z mAm� azw D s y zZ Y AFmE"XHI!BI age 2 of 2 n0- Nm " m nm m m o � o Z < Z mw no mom m w 09 o p o E; m m m ar Od n'm 05 N o m N n mm N — m o oo H .0 " O oo— m o �a0 m o Na� r o D 2N r — 3» - m cn m� m, ed ii o N n ¢ m 3 7 O — 0 tic c AOK Z a=� A•7 mN mN my Dry_ �p w i N mu oa 3 o m 9 m n Z o° -n 0 p 4 N �oo o OQ nN AO o— n3 1° � N Sm v o no 0 �i Ao y1 w� 0.5657 ACRE THE STATE OF TEXAS) THE COUNTY OF CALHOUN) BEING a 0.5657 acre tract of land situated in the Santiago Gonzales Survey, Abstract 19, Calhoun County, Texas, and being a portion of the Commerce Street right-of-way as conveyed from Preston Stofer to the County of Calhoun, Texas according to instrument recorded in Volume 401, Page 164 of the Deed Records of Calhoun County, Texas, said 0.5657 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch diameter steel rebar found in the south right-of-way line of said Commerce Street marking the west comer of Caracol, an addition in Port O'Connor, Calhoun County, Texas, according to the map and plat of record recorded in Volume Z, Page 712, Slide 463 AB&CD, Instrument No. 100140 of the Plat Records of said County, same being the south comer of the herein described tract; THENCE, North 23 deg 39'30" West, a distance of 24.31 feet to a point for the west comer of the herein described tract; THENCE, North 63 deg 22'00" East, a distance of 400.00 feet to a point for an exterior corner of the herein described tract; THENCE, South 71 deg 38'00" East, a distance of 15.56 feet to a point for an interior corner of the herein described tract; THENCE, North 63 deg 22'00" East, a distance of 1029.78 feet to a point for the north comer of the herein described tract; THENCE, South 26 deg 38'00" East, a distance of 14.71 feet to a point in the north boundary line of said Caracol for the east corner of the herein described tract; THENCE, South 63 deg 25'25" West, along the common boundary line of said Caracol, a distance of 1442.04 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 0.5657 acre tract of land, more or less. The position of the boundary and the bearings shown hereon are based on plat calls (Volume 2, Page 1, Calhoun County Plat Records) from an existing concrete monument marking the south or southeast comer of Block 143 and another existing concrete monument. marking the east or southeast comer of Block No, 151 of Port O'Connor Townsite. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in June, 2007 and are true and correct to the best of my knowledge Weddick (pperwd 1. auDDICK A Registered Professional Land Surveyor '. -O^"grid-w'.r y'y Texas No. 4943 S 14734.18—0.5657 ACRE/mat EXHIBIT � Page 1 of 2 SEVENTH STREET (60.0' R.O.W.) in xN�y sp L1 as ° z o oJpm o oo "ZI m mmm cpiuym Oti ZA°D �i � S o oZ m—I pICIIA-q §§ 3[m'mn mph Zo� O n�g £ a N c,z mzp 9 m "nO cA Ul O zm Nd 51 m y A m D mAA CTI V _o Z A S n °moo 0 mA m p 0-> �Z pig m °xEq -nzD 6TH ST. —N o waoixruo maeiuyo auipu�x�FisEPn A m K Z C OFFYAL'cpFtE�EFES m "F g W N oms ; q b gig s a o O ooaomrunsxEgnu "' ro yom�u u�mx�µsoaosm 9 0 ° to O mcaE y _ m p ym ° [il m -� ooggim'et FlSgEq, [iu o Ao~ AZAmA N :xsmuuE.xix..ns� m� Vl —� 5TH ST. ro N Emcu�wEUEgiwgos `N1 :� oomao w � o N FD /y Ao a:^ i w�[i����m T m A 4ri N -• '9A m°E � •A��A ° ry 6 S m In 0 Z !n Z 2 Z m m m m Nm�v� D m�€gym M= rn m m mSSP2 8„mm�a�a�9 m •< m e D N A o> D EgmS k95e J J u m u� g M2s A A g m i u z < m p O mn Ar? ptn r n o D m F ° ?p O M o.s a E5A m H, n n� Aspm Z < O D e'p z m Z m- Te n - 'm nZ- �g EXHIBIT 5 nueo wExxon e a"B" D VEL"M LIP Y Y s Page 2 of 2 CE]taY Emcwweucgemaosm S e.. 5 iE :,, Calhoun County Commissioners' Court Minutes of meeting July 26, 2007 Samuel R. Ayers spoke to the Court after Ann Marie Odefey addressed the Court on behalf of Blackberry Island, L.P. Mr. Ayers asked the Court what he should in the event the drainage lines to the canals in the Caracol Subdivision become clogged or plugged up. Commissioner Finster told him that he should call either the Commissioner of Precinct 4 or the Homeowners Association of the Subdivision and that one or the other would take care of such a problem. Mr. Ayers then asked if he and his neighbors still had access and use of the remaining easement not conveyed to Blackberry Island, L.P. Mr. Ayers was told by Commissioner Finster that they had as much right to i access and use of this easement that remains as any other member of the public with any restrictions on usage required by the Corps of Engineers.