ORDER NO. `399
AUTHDRIZA7IDN FOR THE COUN"fY JUDGE TO SIGN
REF'LACEMENI" ORIGINAL OF RECOR DOCUMENT (ORDER OF THE
COMMISSIONERS' COURT OF i'.ERR COUNTY AF~F~ROV I NG THE FIRST
AMENDMENT TO THE F_SCROW AGREEMENT FOR THE .TUVENILE
FACILITY)
On this the 14th day of November 1994, upon motion made by
Commissioner Holekamp, seconded by Commissioner Lackey, the
Co~_irt unanimously approved by a vote 4-0-0, to authorise the
County J~_idge to sign the replacement original of Recor
documents ( Order of the Commissioners' Co~_~rt of Kerr Co~_~nty
approving the First Amendment to the Escr^ow Agreement for the
Juvenile Facility) as original exec~_~ted on or abo~_rt the 14th
of July 1994, has been misplaced.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: .~~~~~ ~ ~ ~ .OFFICE: CD A' ~vY'

MEETING DATE: ~ ~ ~ ~ `~ ~q ~'
(' f % - ,
SUBJECT: (PLEASE BE SPECIFIC)
,~ "~`"°
TIME PREFERRED:

EXECUTIVE SESSION REQUESTED: ,YES _NO
PLEASE STATE REASON FOR EXECUTIVE SESSION ~~
ESTIMATED LENGTH OF PRESENTATION: ~
,,:,
PERSONNEL MATTER - NAME OF EMPLOYEE: ~~~'
NAME OF PERSON ADDRESSING THE COURT: ~Is(_ r
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
TH i S REQUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
~,r..
Bickerstaff, Heath & Smiley, L.r..P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
SAN JACINTO CENTER, SUITE 1800
98 SAN JAONTO BOULEVARD
AusnN, TExns 78701-4039
5 1 2147 2-802 1 FAX: 512/320-5638
October 20, 1994
Ms. Ilse D. Bailey
Assistant County Attorney
County Courthouse, Suite B20
700 East Main Street
Kerrville, Texas 78028-5324
STEVE BICKER$TAFF	WILLIAM D.DUGAT 111
C. ROBERT HEATH'	JESUS SIFUENTES
MARTHA E. SMILEV	DEBORAH HERZBERG LOOMIS
THOMAS M. POLLAN'	BARNEY L KNIGHT
ANN CLARKE SHELL	LYNN RAV SHERMAN
ANDREW KEVER•	MARCO L. FRASIER
CAROLVN E. SHELLMAN	KEVHV W. COLE
DOUGLAS G. CAROOM•	MICHAEL SHAUNESSV
LINDA AAKER	VALERIE P KIRK
MYRA A. McDANIEL	J. STEPHEN RAVEL
SUSAN C. GENTZ	GILBERT J. BERNAL. JR.
ROBIN A CASEY	DIANA L. NICHOLS
KATIE BOND	CHRIS VON OOHLEN
MANUEL O. MENOEZ•	ERIC H. DRUMMONO
SVONEY W. FALK, JR.	SARA HARDNER LEON
DAVID MENDEZ•	MIGUEL A. HUERTA
CATHERINE BROWN FRYER'	MADISON JECHOW
PATRICIA E RANT	S. SHAWN JAMAIL
J. GREG HUDSON	JOHN H. KNOX
	MARCO MUNOZ-OF COUNSEL'
'Board Certfied. AdmnistraMe Lew-
Tenaa Boxd	of LeQeI SP@cl@lizauw+
••Lit@nsed in Mexico mly
RE: Lease-Purchase Agreement dated as of March 31, 1994,
between the Kerr County Juvenile Board, as Agent for Kerr
County, Texas as Lessee, and ReCor, Inc., as Lessor
Dear Ms. Bailey:
Pursuant to my phone conversation with you today, enclosed are
five (5) original Orders of the Commissioners Court of Kerr County
Approving the First Amendment to the Escrow Agreement for the
Juvenile Facility. Apparently the original, which was previously
executed on or about July 14, 1994, has been misplaced. Please
obtain the signatures of the County Judge and County Clerk and
forward all five-.~-originals to our office at your earliest
convenience.
If you have any questions, please do not hesitate to call.
Sincerely,
Beth Myers
Legal Assistant to Barney L.
Knight
:bsm
Enclosures
r- JV
~:~--
AN ORDER OF THE COMMISSIONERS COURT OF KERR
COUNTY APPROVING THE FIRST AMENDMENT TO THE
ESCROW AGREEMENT FOR THE JUVENILE FACILITY.
WHEREAS, other counties and juvenile boards have expressed intent to place juveniles
in the proposed Kerr County Juvenile Facility but are not prepared to encumber funds and
contract for beds prior to the substantial completion, or the start of construction of the Facility;
WHEREAS, based upon the expressions of intent by such jurisdictions, a number of beds
in the Facility will be used by other jurisdictions and funds to meet the obligations under the
Lease-Purchase Agreement should be readily available; and
WHEREAS, the Escrow Agreement Relating to the Ken County Juvenile Facility, dated
as of March 31, 1994, should be amended to permit construction to begin as soon as possible;
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT THAT:
1. The First Amendment to the Escrow Agreement Relating to the Kerr County
Juvenile Facility, dated as of March 31, 1994 {"Amendment Number One"), attached hereto and
spread on the minutes of this meeting, is hereby approved and accepted.
2. The Kerr County Juvenile Board is hereby authorized to (a) approve Amendment
Number One, and to (b) sign, execute, certify, verify, acknowledge, deliver, accept, file and
record Amendment Number One, and (c) take, or cause to be taken, such action as is necessary,
advisable and consistent with the previously approved documents, and Amendment Number One,
to permit construction of the Facility to commence as reasonably soon as possible.
3. This Orderi sliatl~be in force and effect from and after its passage.
4. It is hereby officially found and determined that this meeting was open to the public,
and public notice of the time, place and purpose of said meeting was given, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code.
ADOPTED AND PASSED this the day of 199_.
,County Ju
Attest:
County Clerk, Ex-Officio Clerk of
the Kerr County Commissioners Court

.;
FIRST AMENDMENT TO AN
ESCROW AGREEMENT RELATING TO
THE KERB COUNTY JUVENILE FACILITY
THIS FIRST AMENDMENT TO AN ESCROW AG RELA ING TO
THE KERB COUNTY JUVENILE FACILITY, is made as of this the I,~ y of ~ , 1994
by and between The Chicago Corporation, a Delaware Corporation ("Escrow Agent")eCor,
Inc., a Texas corporation ("Lessor"), the Kerr County Juvenile Board, as agent for Kerr
County, Texas ("Lessee") and ChiCorp Finan ncial Services, Inc., a Delaware corporation
("CFSI"). The Escrow Agent, Lessor, Lessee and CFSI shall be jointly referred to herein as
the "Parties".
RECITALS:
WHEREAS, the Parties heretofore entered into an Escrow Agreement Relating to the
Kerr County Juvenile Facility (the "Escrow Agreement"), dated as of the 31st day of March
1994;
V'VHF.REAS, the Escrow Agreement provided certain conditions precedent for the release
of funds and monies deposited into the Escrow Fund pursuant to the Escrow Agreement;
WHEREAS, Section 3.01(c) of the Escrow Agreement provided, in part, that the Escrow
Agent would not release and pay certain funds until such time as CFSI notified Escrow Agent
that it had received properly executed Interlocal Cooperation Agreements for 24 beds in the
Facility (including the beds to be used by Lessee);
WHEREAS, through numerous contacts with other governmental entities the Lessee has
determined an interest-m placing juveniles in the Facility which should produce sufficient
numbers of Resident Clients to satisfy Lessee's revenue requirements and governmental
Pu~~~
WHEREAS, Lessee has determined that, although such entities have expressed their
intention to place juveniles in the Facility when completed, they will not contract for beds until
the Facility is substantially complete; and
WHEREAS, the Parties agree that amendment of Section 3.01(c) of the Escrow
r Agreement to delete the requirement that Lessee obtain properly executed Interlocal Cooperation
Agreements for 24 beds in the Facility prior to the release of funds from the Escrow Fund will
facilitate implementation of the Parties intent;
WHEREAS, Lessee, with the Assistance of the Operator, has obtained more than 24
"Statements of Interest" indicating other governmental entities' intention to use the facility;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants
herein contained, the Parties hereby contract, covenant and agree as follows:
Section One. Subsection (c) of Section 3.01 of the Escrow Agreement is hereby
amended to read as follows:
(c) Thereafter, upon written notice from CFSI to Escrow Agent that CFSI is in
receipt of: (i) sufficient Statements of Interest to house juveniles in the Facility
having been received, in CFSI's judgement, to indicate a market base for the
Facility; (ii) an executed Operation and Management Agreement between ReCor,
Inc. and Lessee; and (ii) the Mortgagee Titie Policy, Deed of Trust, required
certificates, opinions and miscellaneous financing documents, all acceptable to
CFSI, the Escrow Agent shall fund and disburse the costs and expenses for
acquisition of the land as listed in a closing statement executed by each of the
parties to the closing and approved by CFSI, and shall allocate the balance of the
Acquisition Account as follows: (1) $211,785.00 to the Payment Account as
capitalized interest for the payment of interest on the Facility during construction;
(2) $83,896.47 to the Payment Account as the Rental Deposit; and (3) the balance
of the Acquisition Fund to the Construction Account.
Section Two. The Payment Request Form, attached to the Escrow Agreement as Exhibit
"B", is hereby amended in its entirety to read as provided in Exhibit "A" hereto, and, as so
amended, is attached hereto and incorporated herein for all purposes as Exhibit "A".
Section Three. Save and except for the amendments set forth above, each and every
term, condition and provision of the Escrow Agreement shall remain in full force and effect.
IN V'V][TNPSS WHEREOF, the parties have executed and attested this Amendment
Number One to the Escrow Agreement by their officers thereunto duly authorized as of the date
first above written. , ~ .-'-
KERB COUNTY JUVENII.E BOARD,
as Agent or Kerr ounty, Texas
By: ~.
Name: William G. Stacy
Title: Chairman of the Board
CHICORP FINANCIAL SERVICES, INC.
By:
Name: Ramona Regas
Title: Senior Vice President
~~~~ ~ ~ ~~j~~
U"
THE CffiCAGO CORPORATION,
as Escrow Agent
By: ~~
Name: ' f ~- / ~.~: ~T-
Title: :~-z.~;- r~~'
RECOR, C.
By:
Name: Glen Heckman
Title: President
9~~t- ~~.` C~~v F~
2
EXHIBIT A -PAYMENT REQUEST FORM
TO: The Chicago Corporation (The "Escrow Agent")
FROM: ChiCorp Financial Services, Inc. ("ChiCorp");
SAEJSpa-Glass, Inc. ("Contractor/Builder");
ReCor, Inc. ("Lessor");
Harry Golemon & Assoc. ("Senior Architect"); and
.Kerr County Juvenile Board ("Lessee")
SUB~TECT: Escrow Agreement dated as of March 31, 1994, (The "Escrow Agreement") and
the Lease-Purchase Agreement, dated as of March 31, 1994, between ReCor,
Inc., as Lessor, and the Kerr County Juvenile Board, Individually and as agent
for Kerr County, Texas, as Lessee, (the "Lease") for the Lease of a juvenile
probation facility (the "Facility")
This represents Requisition Certificate No. in the total amount of $ for payment of
those Costs of the Facility detailed in the attached payment instructions. -
The undersigned Lessee, Lessor, Senior Architect and Contractor/Builder certify that:
1. All of the expenditures for which moneys are requested hereby represent proper
Costs of the Facility, have not been included in a previous Requisition Certificate
and the Contractor/Builder represents that such expenditures have been properly
recorded in the Contractor/Builder's books.
- 2. The moneys requested hereby are not greater than those necessary to meet
obligations due and payable or to pay and reimburse the Contractor/Builder for
fees or fends actually earned or advanced for Costs of the Facility. The moneys
requested do not include retention or other moneys not yet due or earned under
construction contracts.
3. After payment of moneys hereby requested, there will remain available to the
Contractor/Builder (from the Acquisition Fund) sufficient funds to complete the
Facility substantially in accordance with the Plans.
EXECUTED this day of , 199_.
SAE/SPA-GLASS, INC.
By: _
Name:
Title:
Fred Raley
President
By:
Name: Harry Golemon, Sr. AIA
Title: Partner/Principal
E~~IT A -PAYMENT REQUEST FORM
PAGE 2 OF 2
The undersigned Lessee and Lessor each agree that r) the above statements are, to the
best of its lanowledge, true; (ii) the amount of this requisition constitutes a final or
partial acceptance of the Facility; and (iii) that id the final acceptance does not occur prior to
199_, that the unspent construction funds will become the property of the
Lessee and that rent will commence pursuant to Article 2 of the Lease Purchase Agreement.
AGREED TO THIS day of
1994.
Kerr County Juvenile Board,
~~
By ~ ..
Name: William G. Stacy
Title: Kerr County Judge. _ .
Approved for payment this the day
of , 1994.
ChiCorp financial Services, Inc.
By: ..,.
Name: Ramona Regas
Title: Senior Vice President
AGREED TO THIS DAY OF
1994
ReCor, Inc.,
Lessor
By:
Name:
Title: - .

AN ORDER OF THE COMMISSIONERS COURT OF KERR
COUNTY APPROVING THE FIRST AMENDMENT TO THE
ESCROW AGREEMENT FOR THE JUVENILE FACILITY.
WHEREAS, other counties and juvenile boards have expressed intent to place juveniles
in the proposed Kerr County Juvenile Facility but are not prepared to encumber funds and
contract for beds prior to the substantial completion, or the start of construction of the Facility;
WHEREAS, based upon the expressions of intent by such jurisdictions, a number of beds
in the Facility will be used by other jurisdictions and funds to meet the obligations under the
Lease-Purchase Agreement should be readily available; and
WHEREAS, the Escrow Agreement Relating to the Kerr County Juvenile Facility, dated
as of March 31, 1994, should be amended to permit construction to begin as soon as possible;
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT THAT:
1. The First Amendment to the Escrow Agreement Relating to the Kerr County
Juvenile Facility, dated as of March 31, 1994 ("Amendment Number One"), attached hereto and
spread on the minutes of this meeting, is hereby approved and accepted.
2. The Kerr County Juvenile Board is hereby authorized to (a) approve Amendment
Number One, and to (b) sign, execute, certify, verify, acknowledge, deliver, accept, file and
record Amendment Number One, and (c) take, or cause to be taken, such action as is necessary,
advisable and consistent with the previously approved documents, and Amendment Number One,
to permit construction of the Facility to commence as reasonably soon as possible.
3. This Order shall be in force and effect from and after its passage.
4. It is hereby officially found and determined that this meeting was open to the public,
and public notice of the time, place and purpose of said meeting was given, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code.
ADOPTED AND PASSED this the 14thday of November 1994, effective
July 14, 1994.
Attest:
County Clerk, Ex-Offici Jerk of
the Kerr County Commissioners Court
County Judge
a •,
FIILST AMENDMENT TO AN
ESCROW AGREEMENT RELATING TO
THE KERB COUNTY JUVENILE FACII,ITY
THIS FIRST AMENDMENT TO AN ESCROW AGRE RELATING TO
THE KERB COUNTY JUVENILE FACII,ITY, is made as of this th~y of J , 1994
by and between The Chicago Corporation, a Delaware Corporation ("Escrow Agent")~eCor,
Inc., a Texas corporation ("Lessor"), the Kerr County Juvenile Board, as agent for Kerr
County, Texas ("Lessee") and ChiCorp Financial Services, Inc., a Delawaze corporation
("CFSI"). The Escrow Agent, Lessor, Lessee and CFSI shall be jointly referred to herein as
the "Parties" .
RECITAIS:
WHEREAS, the Parties heretofore entered into an Escrow Agreement Relating to the
Kerr County Juvenile Facility (the "Escrow Agreement"), dated as of the 31st day of March
1994;
WHEREAS, the Escrow Agreement provided certain conditions precedent for the release
of funds and monies deposited into the Escrow Fund pursuant to the Escrow Agreement;
WHEREAS, Section 3.01(c) of the Escrow Agreement provided, in part, that the Escrow
Agent would not release and pay certain funds until such time as CFSI notified Escrow Agent
that it had received properly executed Interlocal Cooperation Agreements for 24 beds in the
Facility (including the beds to be used by Lessee);
WHEREAS, through numerous contacts with other governmental entities the Lessee has
determined an interest in placing juveniles in the Facility which should produce sufficient
numbers of Resident Clients to satisfy Lessee's revenue requirements and governmental
Pu~~~
WHEREAS, Lessee has determined that, although such entities have expressed their
intention to place juveniles in the Facility when completed, they will not contract for beds until
the Facility is substantially complete; and
WHEREAS, the Parties agree that amendment of Section 3.01(c) of the Escrow
Agreement to delete the requirement that Lessee obtain properly executed Interlocal Cooperation
Agreements for 24 beds in the Facility prior to the release of funds from the Escrow Fund will
facilitate implementation of the Parties intent;
WHEREAS, Lessee, with the Assistance of the Operator, has obtained more than 24
"Statements of Interest" indicating other governmental entities' intention to use the facility;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants
herein contained, the Parties hereby contract, covenant and agree as follows:
Section One. Subsection (c) of Section 3.01 of the Escrow Agreement is hereby
amended to read as follows:
(c) Thereafter, upon written notice from CFSI to Escrow Agent that CFSI is in
receipt of: (i) sufficient Statements of Interest to house juveniles in the Facility
having been received, in CFSI's judgement, to indicate a market base for the
Facility; (ii) an executed Operation and Management Agreement between ReCor,
Inc. and Lessee; and (ii) the Mortgagee Title Policy, Deed of Trust, required
certificates, opinions and miscellaneous financing documents, all acceptable to
CFSI, the Escrow Agent shall fund and disburse the costs and expenses for
acquisition of the land as listed in a closing statement executed by each of the
parties to the closing and approved by CFSI, and shall allocate the balance of the
Acquisition Account as follows: (1) $211,785.00 to the Payment Account as
capitalized interest for the payment of interest on the Facility during construction;
(2) $83,896.47 to the Payment Account as the Rental Deposit; and (3) the balance
of the Acquisition Fund to the Construction Account.
Section Two. The Payment Request Form, attached to the Escrow Agreement as Exhibit
"B", is hereby amended in its entirety to read as provided in Exhihit "A" hereto, and, as so
amended, is attached hereto and incorporated herein for all purposes as Exhibit "A".
Section Three. Save and except for the amendments set forth above, each and every
term, condition and provision of the Escrow Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and attested this Amendment
Number One to the Escrow Agreement by their officers thereunto duly authorized as of the date
first above written.
KERB COUNTY JUVENII.E BOARD,
as Agent or rr ounty, Texas
By:
Name: William G. Stacy
Title: Chairman of the Board
CffiCORP FINANCIAL SERVICES, INC.
By:
Name: Ramona Regas
Title: Senior Vice President
THE CffiCAGO CORPORATION,
as Escrow Agent
By:
Name: ' f r / ~.~: ~T
Title: ~,~- ~f'
RECOR, C.
By:
Name: Glen Heckman
Title: President

2
EXHIBIT A -PAYMENT REQUEST FORM
TO: The Chicago Corporation ('The "Escrow Agent")
FROM: ChiCorp Financial Services, Inc. ("ChiCorp");
SAFJSpa-Glass, Inc. ("Contractor/Builder");
ReCor, Inc. ("Lessor");
Harry Golemon & Assoc. ("Senior Architect"); and
Kerr County Juvenile Board ("Lessee")
SUBJECT: Escrow Agreement dated as of March 31, 1994, ('The "Escrow Agreement") and
the Lease-Purchase Agreement, dated as of March 31, 1994, between ReCor,
Inc., as Lessor, and the Kerr County Juvenile Board, Individually and as agent
for Kerr County, Texas, as Lessee, (the "Lease") for the Lease of a juvenile
probation facility (the "Facility")
This represents Requisition Certificate No. _ in the total amount of $ for payment of
those Costs of the Facility detailed in the attached payment instructions. -
The undersigned Lessee, Lessor, Senior Architect and Contractor/Builder certify that:
1. All of the expenditures for which moneys aze requested hereby represent proper
Costs of the Facility, have not been included in a previous Requisition Certificate
and the Contractor/Builder represents that such expenditures have been properly
recorded in the Contractor/Builder's books.
- 2. The moneys requested hereby are not greater than those necessary to meet
obligations due and payable or to pay and reimburse the Contractor/Builder for
fees or funds actually earned or advanced for Costs of the Facility. The moneys
requested do not include retention or other moneys not yet due or earned under
construction contracts.
3. After payment of moneys hereby requested, there will remain available to the
Contractor/Builder (from the Acquisition Fund) sufficient funds to complete the
Facility substantially in accordance with the Plans.
EXECUTED this day of , 199_.
SAE/SPA-GLASS, INC.
By: _
Name:
Title:
Fred Raley
President
By:
Name: Harry Golemon, Sr. AIA
Title: Paztner/Principal
EDIT A -PAYMENT REQUEST FORM
PAGE20F2
The undersigned Lessee and Lessor each agree that ~) the above statements are, to the
best of its lrnowledge, true; (ii) the amount of this requisition constitutes a final or
partial acceptance of the Facility; and (iii) that id the final acceptance does not occur prior to
199 ,that the unspent construction funds will become the property of the
Lessee and that rent will commence pursuant to Article 2 of the Lease Purchase Agreement.
AGREED TO THIS day of
1994.
Kerr County Juvenile Board,
~.:
By . .
Name: William G. Stacy
Title: Kerr County Judge. _ -
Approved for payment this the day
of , 1994.
CluCorp Financial Services, Inc.
By:
Name: Ramona Regal
Title: Senior Vice President
AGREED TO THIS DAY OF
1994
ReCor, Inc.,
Lessor
By:
Name:
Tittle: