state of tennessee county of robertson term august …€¦ · 10/08/2017 · representative...

STATE OF TENNESSEE

COUNTY OF ROBERTSON

TERM AUGUST 15,2011 REGULAR SESSION

Be it remembered that the Board of Commissioners of Robertson County, Tennessee metin open public session at the Robertson County Juvenile Courtroom in Springfield,Tennessee on the 15th day of August 2011 at 7:00 PM.

County Mayor, Howard R. Bradley, called the meeting to order. County Clerk, Susan K.Atchley was present also.

The invocation was given by Sheriff Bill Holt. The pledge to the flag followed.

A roll call was taken and the following County Commissioners were present to-wit:Adcock, Bowens, Brown, Bryant, Couts, DiOrio, Dorris, Dugger, Eden, Farmer, Garner,Bill Gray, Kevin Gray, Gregory, Haley, Jackson, Jones, MacAfee, Ray, Stubblefield,Vogle and Wilson. Commissioners Baggett and Spears were absent.

MINUTES OF PREVIOUS MEETING

On motion by Commissioner DiOrio and second by Commissioner Gregory the minutesof the previous meeting were approved treated same as read, made a matter of record, andfiled. The motion was approved by voice vote.

COMMUNICATIONS FROM COUNTY MAYOR

Mayor Bradley was presented a check for thirty thousand dollars from Bobby Goode andChris Westbrook, Rural Development Representatives and Eugene Davidson,Representative of Farm Services Agency, for the Comprehensive GrowthPlan. Bradleystated he was delighted to receive these funds.

Mayor Bradley told that Commissioner Baggett has had surgery and to keep him andCommissioner Spears in our thoughts and prayers.

The Robertson County Fair will begin August 29, 2011 - September 4, 2011. Bradleyencouraged all to attend.

Mayor Bradley announced the Public Hearing for the Budget will be held on August 23,2011 at 7:00 PM and a Special Session to vote onthe budget year ending 2012 will be

- held August 29, 2011 at 7:00PM. Both meetings will be held at the Robertson CountyOffice Building.

REPORTS

The following reports were received, filed, and approved by voice vote on motion byCommissioner Jones and second by Commissioner Farmer: Highway, EMS, VeteranServices, Trustee, Planning and Zoning, Fire Services, Finance, Imnate Expense, Library,Solid Waste, Emergency Management and Animal Control.

ELECTION AND APPOINTMENT

There were no elections or appointments at this meeting.

REZONING RESOLUTIONS PUBLIC HEARING

REZONING RESOLUTIONS

There is no rezoning resolution at this meeting.

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NEW RESOLUTIONS

CONTRACT FOR WASTE AND LITTER REMOVAL (SHERIFF)

Resolution number 081511067 a resolution authorizing execution of a contract betweenthe State of Tennessee Department of Transportation and Robertson County, Tennesseefor waste and litter removal was presented. Commissioner DiOrio made motion toapprove and second by Commissioner Haley. Motion was approved by roll call vote.(Resolution and Roll Call included.)

SPRINGFIELD WATERLINE EASEMENT

Resolution 081511068 a resolution to authorize Springfield waterline easement waspresented. Commissioner Haley made motion to approve and second by CommissionerJackson. Motion was approved by roll call vote. (Resolution and Roll Call included.)

SURPLUS PROPERTY (School Board)

Resolution number 081511069 a resolution to declare surplus property for the RobertsonCounty Board of Education and Departments with the Board of Education was presented.Commissioner Gamer made motion to approve and second by Commissioner Gregory.Motion was approved by roll call vote. (Resolution and Roll Call included.)

DISPLAY OF WHEEL TAX EXEMPTION

Resolution number 081511070 a resolution declaring that a decal or emblem shall not berequired for evidence of payment of the Robertson County Motor Vehicle Privilege Taxwas presented. Commissioner Ray made motion to approve and second byCommissioner DiOrio. Motion was approved by roll call vote. (Resolution and Roll Callincluded.)

ESTABLISH AN AUDIT COMMITTEE

Resolution number 081511071 a resolution to establish an Audit Committee waswithdrawn.

TRANSFER OF PROPERTY TO TOWN OF COOPERTOWN

Resolution number 081511072 a resolution to approve transfer of property to the Townof Coopertown was presented. Commissioner MacAfee made motion to approve andsecond by Commissioner Jackson. Motion was approved by roll call vote. (Resolutionand Roll Call included.)

HIGHLAND CREST COLLEGE CAMPUS ADVISORY BOARD BYLAWS

Resolution number 081511073 a resolution to approve Highland Crest College advisoryboard bylaws was presented. Commissioner Gamer made motion to approve and secondby Commissioner Dorris. Motion was approved by roll call vote. (Resolution and RollCall included.)

OLD BUSINESS

There was no old business at this meeting.

NEW BUSINESS

Commissioner Ray, Chair of the Budget Committee, told of the possible restructure ofRobertson County debt that has been discussed by the Budget Committee andCommissioners. Commissioner Haley made motion to make Tom McAnulty, FinancialAdvisor with Stephens Inc., a member of this Commission and second by CommissionerBill Gray. Mr. McAnulty told of two different options for the county to review torestructure debt.· McAnulty answered questions from Commissioners. CommissionerBrown had concerns of the decrease on the general fund reserve. After several comments,they discussed to abolish the Animal Control Department. Commissioner Ray told of a

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budget meeting that will be held Tuesday, August 16,2011 at 5:00 P.M. in the third floorconference room at the Robertson County Office Building. Ray encouraged all theCommissioners to attend.

ELECTION OF NOTARIES

The following were elected to the office of Notary Public on motion of CommissionerBill Gray and second by Commissioner Haley: Natalie Bell, Pamela Jeanne Cohea, GerriC. Gilley, Victoria E. Grant, Holly Hunt, Stephanie K. Jones, Tracey L. Johnson,Katherine Lee, Tammy S. Lemley, Pamela S. Parker, Mildred S. Payne, Kennedy N.Rawls, Amanda J. Richards, Cecil A. Smith, Deborah S. Williams, and Tonya E.Wooden.

There being no further business, the meeting adjourned on motion by CommissionerHaley and second by Commissioner Vogle. Motion approved by voice vote.

7/ ? )}uoo~--K.Howard R. Bradley, County Mayor Susan K. Atchley, County Clerk

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Date and Time ofNew Session: 8_15_2011 7_00_52 PM

Beginning Roll Call for New Session:Chair Bradley is presentAdcockBaggettBowensBrownBryantCoutsDiOrioDorrisDuggerEdenFarmerGarnerB. GrayK. GrayGregoryHaleyJacksonJonesMacAfeeRaySpearsStubblefieldVogleWilson

5th is9th is

12th is4th is7th is1st is3rd is8th is

5th is2nd is

12th is10th is

9th is11th is3rd is

11th is1st is10th is

6th is2nd is4th is8th is

7th is6th is

present

presentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresentpresent

presentpresentpresent

Absent

Absent

Number of Voters PRESENT for Roll Call: 23Number ofVoters ABSENT for Roll Call: 2

July 22, 2011

Board of Commissionersc/o Susan AtchleyRobertson County Clerk511 S. Brown StreetSpringfield, TN 37172

Dear Madam:

We, the local chapter of U.S. Green Building Council, recently learned of your proposedbusiness park and applaud your forward thinking to make this a sustainabledevelopment. As the authority on sustainable design and construction in MiddleTennessee, we would like you to consider the family of lEED rating systems. Theserating systems are intended to quantify how "green" a development is and how it canbe applied to neighborhoods, "business parks," new construction, renovations, homes,etc.

We believe that third party verification is the definitive tool to confirm and quantify thatthe sustainability you desire is incorporated into your project and how sustainable it willbe. This is important for your project stakeholders as well as potential investors andfuture tenants. It provides you a competitive differentiator, mitigates risk, attractstenants, is cost effective and even increases rental rates. While lEED is not the onlyoption, it is widely regarded as the highest standard in the field.

We invite you to accept our offer to learn more on the subject from the U.S. GreenBuilding Council Middle Tennessee and its members. Our chapter members are glad tospeak with you at any location best suited for you, the Commission, at any time.

The U.S. Green Building Council Middle Tennessee Chapter wishes you all the best in thegreening of this business park and hopefully many more community efforts in thefuture.

Sincerely,

~.

Eric McKinney, lEED APChair, USGBC Middle Tennessee Chapter

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RESOLUTION NO. 081511067

RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THESTATE OF TENNESSEE DEPARTMENT OF TRANSPORTATION ANDROBERTSON COUNTY, TENNESSEE FOR WASTE AND LITTER REMOVAL

WHEREAS, pursuant to applicable sections of the Tennessee CodeAnnotated, the Commissioner of Transportation is authorized to make grants tocounties for the purpose of funding programs for the collection of litter and trashalong county, state and interstate roads and highways; and

WHEREAS, Robertson County proposes to submit a plan for executing acontract offered by the State of Tennessee Department of Transportation forcollection of waste and litter; and

WHEREAS, said contract provides for grant of funds to Robertson Countyfor contract purposes, which is in the interest of said County; now

BE IT RESOLVED by the Board of Commissioners for Robertson County,Tennessee, assembled in regular session this August 15, 2011, that a contract byand between the State of Tennessee Department of Transportation andRobertson County, Tennessee for collection of waste and litter in the period July1,2011 through June 30,2012 is hereby approved; and

BE IT FURTHER RESOLVED that the County Mayor is authorized andempowered to execute said contract on behalf of Robertson County, Tennessee;and

BE IT FURTHER RESOLVED this Resolution shall take effect from andafter its passage, the public welfare requiring it.

Done this August 15, 2011.

~~iSUSAN K. ATCHLEYCounty Clerk

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DiOrioHaley

3rd Requested a Motion at: 7_08_35 PMlIth Seconded the Motion at: 7_08_35 PM

Resolution 081511067 RESOLUTION AUTHORIZING EXECUTION OF ACONTRACT BETWEEN THE STATE OF TENNESSEE DEPARTMENT OFTRANSPORTATION AND ROBERTSON COUNTY, TENNESSEE FOR WASTEAND LITTER REMOVAL

Time of Vote: 7_09_30 PMType of Vote is Custom: 13 YEA Votes Needed to PassNote: Abstain Votes are NOT counted.

Chair Bradley does not voteAdcock 5th voted: YBaggett 9th wasBowens 12th voted: YBrown 4th voted: YBryant 7th voted: YCouts 1st voted: YDiOrio 3rd voted: YDorris 8th voted: YDugger 5th voted: YEden 2nd voted: YFarmer 12th voted: YGarner lOth voted: YB. Gray 9th voted: YK. Gray lIth voted: YGregory 3rd voted: YHaley 11th voted: YJackson 1st voted: YJones 10th voted: YMacAfee 6th voted: YRay 2nd voted: YSpears 4th wasStubblefield 8th voted: YVogle 7th voted: YWilson 6th voted: Y

Passed (22 Y -°N - 2 Absent)

Absent

Absent


RESOLUTION TO AUTHORIZE SPRINGFIELD WATERLINE EASEMENT

WHEREAS, the City ofSpringfield, Tennessee ("Springfield") has requested that the

County authorize an easement across certain County property for the purpose of installing a new

waterline along West County Farm Road, and a copy ofsaid proposed legal document being

attached hereto; and

WHEREAS, it is agreed that the City installation of this waterline will benefit both City

and County citizens, and that such request should be granted;

NOW, THEREFORE, BE IT RESOLVED by the Robertson County Commission,

meeting in regular session this the ISth day ofAugust 20II, that the County Mayor is hereby

authorized to sign the attached agreement for dedication of easement and to sign such other

documents that may be necessary in order to grant to Springfield the requested waterline

easements.

Passed this the lS,h day of August, 20II, to be effective on the date of its passage, the

public welfare requiring it.

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ATTEST:

~~~.:AAJJ~y •

County Clerk

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This Instrument Prepared by:Springfield Water and Wastewater Department824CentralAvenueSpringfield, Tennessee 37172

Easement No. 07

AGREEMENT FOR DEDICATION OF EASEMENT

For and in consideration of the sum of ONE & NO/IOO ($1.00)DOLLAR, cash in hand paid, and other goodand valuable consideration, receipt of which is hereby acknowledged; the undersigned, Howard Bradley, Mayorof Robertson County, representing the owner, Robertson County, does hereby grant, transfer, and convey untothe CITYOF SPRINGFIELD, TENNESSEE, a Tennessee Municipal Corporation, its successors and assigns,forever, three permanent easements and two temporary easements for a water line; said easements consisting ofthe following described real property situated in the 16h Civil District of Robertson County, Tennessee,described as follows, 'to-wit:

The following paragraphs describe five (5) easements in the 16th Civil District of Robertson County,Tennessee, each easement being in a portion of that property which was originally surveyed in 1859 by M.O. Mason, surveyor, at the request of the Commissioners of the Poor House, said property being owned byRobertson County, Tennessee, in a survey of record which is recorded in Deed Book I I, Page 330,RobertsonCounty Archives,(RCA).

Permanent Utility Easement #7A

Beginning at an iron pin (new), in the westerly margin of West County Fann Road, the southeastcomer of a tract of land which belongsto A.L. Tucker, having a deed reference in Deed Book 3ll,Page 600, RORCT, the northeast comer of this easement, and continuing with the westerly marginof West County Farm Road, as follows: With a curve to the right, having a radius of J477.00 feet,an arc distance of 150.63 feet, and a chord bearing and distance of S 45°19'22" W, 150.56 feet toan iron pin (new); thence,S 48°14'40"W, 160.40 feet to an iron pin (new), in the westerly marginof West County Farm Road; thence, with a new line, N 42°47'35" E, 292.56 feet to an iron pin(new), in the southerly boundary of said tract of land which belongs to A.L. Tucker; thence, S85°54'32" E, 24.3 I feet, to the point ofbeginning, containing 0.09 acres, as surveyed by Steven E.Artz, Tennessee License No. 1708, d/b/a Steven E. Artz and Associates, Inc., 4779 Highway 41North, Springfield,Tennessee,37172,dated July 14,2011.

Temporary Construction Easement #7A

Beginning at an iron pin (new), in the northerly boundary of a tract of land which belongs toDuane Brown, having a deed reference in Deed Book 308, Page 148, ROReT, said iron pin beinglocated from an iron pin (new), in the westerly margin of West County Farm Road, in the northerlyboundary of said tract of land which belongs to Duane Brown, N 82°13'48" W, 45.86 feet, to thepoint of beginning, the southeast comer or this tract; and continuing, as follows: N 82° 13'48" W,20.0 I feet to a point in the northerly boundary of said tract of land which belongs to Duane Brown;thence" with a new line, as follows: N 09°22'18" E, 556.53 feet; thence, N 31°58'10" E, 122.96feet; thence, N 33°53'36" E, 17430 feet; thence, N 21°17'17" W, 6335 feet; thence, N 05°44'05"E, 124.91 feet; thence, N 00°48'58" W,482.27 feet; thence, N 44°04'18" E, 146.32 feet; thence, N47°50'34" E" 174.17 feet; thence, N48°48'29" E, 215.68 feet; thence, N 42°47'35" E, 245.54 feet,to 8 point mthe southerly boundary ofa tract ofland which belongs to A.L. Tucker, having a deedreference In'Deed Book 311, Page 600, RQRCT; thence, S 85°54'32" E, 25.63 feet to an iron pin(new), in the southerly boundary of said tract of land which belongs to A.L. Tucker; thence, with '8

new Jlne, S 42°47'35" W, 292.56 feet to an iron pin (new), in the westerly margin of West CountyFann Road; thence, S 48°14'40" W, 2952J feet to an iron pin (new), in the westerly margin ofWest County Farm Road; thence, with a new line, as follows: S 51°33'41" W, 64.98 feet to aniron pin (new); thence, S 44°04'18" W, 137.40 feet to an iron pin (new); thence, S 00°48'58" E,475.16 feet to an iron pin (new); thence, S 05°44'05" W, 128.79 feet to an iron pin (new); thence,821 °17' 17"E, 68.29 feet to an iron pin (new); thence, S 33°53'36" W, 176.17 feet to an iron pin(new); thence, S 31°S8'1O" W, 118.63 feet to an iron pin (new); thence, S 09°22'18" W, SSI.98feet, to the point of beginning, containing 1.09 acres, as surveyed by Steven E. Artz, TennesseeLicense No. 1708, d/b/a Steven E. Artz and Associates, Inc., 4779 Highway 41 North, Springfield,Tennessee, 3'7172, dated July 14, 2011. This temporary easement shall cease to exist whenconstruction is complete

1

Permanent Utility Easement #7B

Beginning at an iron pin (new), in the westerly margin of West County Farm Road, in thenortherlyboundary of a tract of land which belongs to Duane Brown, having a deed reference inDeed Book 308, Page 148, RORCT, the southeast corner of this easement, and continuing, asfollows: N 82°13'48" W, 45.86 feet to an iron pin (new), in the northerly boundary of said tract ofland which belongs to Duane Brown; thence, with a new Ilncas follows: N 09°22'18" E, 551.98feet to an iron pin (new); thence, N 31°58'10"8,118.63 feet to an iron pin (new); thence, N33°53'36;' E, 176.17 feetto an iron pin (new); thence, N 21° 17']7" E, 68.29 feet to an iron pin(new); thence, N 05°44'05" E, 128.79 feet to an iron pin (new); thence, N 00°48'58" W,475.l6feet to an iron pin (new); thence, N 44°04'18" E, 137.40 feet to an iron pin (new); thence, N51033'41" W, 64.98 feet to an iron pin (new), in the westerly margin of West County FarmRoad;thence with a curve to the left, having a radius of328.00 feet, an arc distance of 114.37 feet, and achord bearing and distance of S 38°15'20" W, J13.79 feet to an iron pin (old), in the westerlymargin of West County Fann Road; thence, with a new line, as follows: S 44°04'18" W, 80.35feet to an iron pin (new); thence, S 00°48'35" E, 468.05 feet to an iron pin (new); thence, S05°44'05" W, 132.66 feet to an iron pin (new); thence, S 21°17'17" W, 73.23 feet to an iron pin(new); thence,S 33°53'36" W, 106.73 feet to an iron pin (new), in the westerly margin of WestCounty Fann Road; thence, with the westerly margin of West County Farm Road-as follows: S39°30'07" W, 113.10 feet to an iron pin (new); thence, with a curve to the left, having a radius of188.97 feet, an arc distance of 107.10 feet, and a chord bearing and distance of S 23°15'58" W,105.67 feet to an iron pin (new); thence, S 07°01'48" W, 21 1.15 feet to an iron pin (new), in thewesterly margin ofWest County Farm Road; thence, with a new line, as follows: S 09°22'18" W,286.46.feet to an iron pin (new); thence, S 82°13'48" E, 20.39 feet to an iron pin (new), in thewesterly margin .of West County Farm Road; thence, with a curve to the left, having a radius of423.63 feet, an arc distance of 20.59 feet, and a chord bearing and distance of S 05°59'12"£,20.59 feet, to the point of beginning, containing 0.70 acres, as surveyed by Steven E. Artz,Tennessee License No. ·1708, d/b/a Steven E. Artz and Associates, lnc., 4779 Highway 41 North,Springfield, Tennessee, 37172, dated July 14,2011.

Permanent Utility Easement #7G

Beginning' at an iron pin (new), the southwest comer ofa tract ofland which belongs to Steven E.Dickens, having a deed reference in Record Book 1405, Page 56, RORCT, in the northerlyboundary ofa tract of land which belongs to Mishra Investments, L.L.C., having a deed referencein Deed Book 355, Page 465, RORCT, the southeast comer of this easement, and continuing, asfollows: N 82°J3'48"W, 1194.53 feet, to an iron pin (new), in the easterly margin of WestCounty Farm Road, the northwest corner of said tract of land which belongs to MishraInvestments, L.L.C.; thence, with a curve to the right, having a radius of 377.63 feet, an arcdistance of20.75 feet, and a chord bearing and distance ofN 07042' I J" W, 20.75 feet to an ironpin (new), in the easterly margin of West County Fann Road; thence, with a new line, as follows:S 82°13'48" E, 1200.78 feet to an iron pin (new), in the westerly boundary of said tract of landwhich belongs to Steven E. Dickens; thence, S 09°48'25" W, 20.01 feet, to the point of beginning.containing 0.55 acres, as surveyed by Steven E. Artz, Tennessee License No. 1708, d/b/a StevenE. Artz and Associates, Inc., 4779 Highway 41 North, Springfield, Tennessee, 37172, dated July14,2011.

Temporary Construction Easement#7B

Beginning at an iron pin (new), in the westerly boundary of a tract of land which belongs toSteven E. Dickens, having a deed 'reference in Record Book 1405, Page 56, RORer. said iron pinbeing located from an iron pin (new), the southwest comer of said tract of land which belongs toSteven E. Dickens, ,N 09°48'25" E, 20.01 feet, to the point of beginning, the southeast comer ofthis easement, and continuing with a new line, as followsr. N 82°13'48" W, I200.78 feet to an ironpin (new), in the easterly margin of West County Farm Road; thence, whit a curve to the right,having a radius of377.63 feet, an arc distance of20.48 feet, and chord bearing and distance ofN04°34'3 I" W, 20.47 feet to a point in the easterly margin of West County Farm Road; thence, witha new line, as follows: S 82°13'48" E, 1205.87 feet to a point in the westerly boundary of saidtract of landwhich belongs to Steven E. Dickens; thence, S 09°48'25" W,20.0J feet, to the pointof beginning, containing 0.55 acres, as surveyed by Steven E. Artz, Tennessee License No. 1708,d/b/a Steven E. Artz and Associates, Inc., 4779Highway 41 North, Springfield, Tennessee, 37172,dated July 14,2011. This temporary easement shaHcease to exist when construction is complete

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The abovedescribed easementsmay be foundon Tax Map 112,part of Parcel54, in the Tax Assessor'sOffice for RobertsonCounty,Tennessee.

The CITY OF SPRINGFIELD, TENNESSEE, its servants and agents are hereby conveyed the right toconstruct, operate,maintain. repair, replaceand inspectsaid water line inside the easementwithin the limitsofthe aforesaideasement.

To haveand to hold said easementto the CITYOF SPRINGFIELD, TENNESSEE, its successors and assigns,forever. Andthe undersigned does herebycovenant withsaidCITYOF SPRINGFIELD that the undersigned islawfully seizedand possessed ofsaid landin feesimpleand hasa goodrightto makethis conveyance.

Witness our handsthis the__day of ,201 l.

Property Owners:

Howard BradleyMayorof Robertson County

STATEOF TENNESSEE,ROBERTSON COUNTY.

Personally appeared before me, the undersigned,'a Notary Public in and for said.county and state, the withinnamed, Howard Bradley, Mayorof Robertson County, the bargainer, with whom I am personally acquainted,(or proved tome on the basis of satisfactory evidence) and who acknowledged that he executed the withininstrument for-the purposes thereincontained.

Witness my handand seal of office, this__dayof ,201 I.

NotaryPublic

Mycommission expires: _

CITYOF SPRINGFIELD, TENNESSEE

tnuy 1". Carneal,MayorBy: _ ... _

STATEOF TENNESSEE,ROBERTSON COUNTY.

Before me, the undersigned, a Notary Public in and'for said County and State, personally appeared BillyP.Carnealwith whomI am personally acquainted, and who,uponoath, acknowledgedhimselfto be the Mayorofthe withinnamedCj'Fy OF SPRINGFIELD, TENNESSEB,the bargainor,amunicipal corporation, and that he,as such officer, beingauthorized so to do, executed the within instrument for the purposesthereincontainedbysigningthe name of said corporation by the said BillyP. Carnealas such Mayorand attached the corporationseal thereto.

Witnessmy handand officialseal, this the__day of ,2011.

Notary P-ublic

My commission expires: _

3

HaleyJackson

11th Requested a Motion at: 7_09_48 PM1st Seconded the Motion at: 7_09_48 PM

Resolution 081511068 RESOLUTION TO AUTHORIZE SPRINGFIELDWATERLINE EASEMENT


Chair Bradley does not voteAdcock 5th voted: YBaggett 9th wasBowens 12th voted: YBrown 4th voted: YBryant 7th voted: YCouts 1st voted: YDiOrio 3rd voted: YDorris 8th voted: YDugger 5th voted: YEden 2nd voted: YFarmer 12th voted: YGarner 10th voted: YB. Gray 9th voted: YK. Gray 11th voted: YGregory 3rd voted: YHaley 11th voted: YJackson 1st voted: YJones 10th voted: YMacAfee 6th voted: YRay 2nd voted: YSpears 4th wasStubblefield 8th voted: YVogle 7th voted: YWilson 6th voted: Y

Absent

Absent


nESOLUTION TO DECLARE SURPLUS PROPERTY

WHEREAS, Robertson County, Tennessee, Board of Education is the owner of acertain surplus property listed on attached Exhibit "A"; and

WHEREAS, these vehicles, buses, vans and computer equipment, have beenused by the Robertson County Board of Education, Building and Grounds andTransportation Department within the Board ofEdncation.

NOW, THEREFORE, BE IT RESOLVED by the Robertson CountyCommission, meeting in regnlar session this 15th day of August, 2011 that theantomobiles and compnter equipment above described, previously used by the RobertsonCounty Board of Education, Building and Grounds and Transportation Departmentwithin the Board of Education, are declared to be surplus property, and the Director ofSchools is hereby directed to execute a Bill of Sale or such other documents of transfer oftitle for said vehicles and equipment.

Passed this 15th day of August, 20 II, to be effective on the day of its passage, thepublic welfare requiring it.

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Daniel P. Whitlow P.O. Box 130 Danny L. W........Director of Schools Springfield, Tennessee 37172 Assistant Director

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WHH

GES

11381 YM11662P APPLE

12634 RN1330ATIApple

11666 YM1350QEApple

13191 TY650ATU1Appie

13204 RN93178Al Apple

10101 SG9321EKC Apple

12887 YM033FYK. Apple

17329 MXIBE6Dl HP

17331 MXIBE6Dl HP

18298 YM2421~551 APPLE

15710 G830300n Apple

15728 G8303026r Apple

15732 G8303025r Apple15745 YM2421S51 Apple

18341 CN04P121' DELL18342 2MSJN21 DELL

18125 BS5S121111 Dell

19073 49YNW21 DELL

18455 7C6X441 DELL

18456 Y1352 DELL

18464 CNCB6560: HP

17500 MY0Y1352 APPLE

18496 C9RSD41 DELL

18499 89RSD41 DELL

18571 89RSD41 DELL

18796 CM7GY41 DELL

18800 IM7GY41 DELL

18798 9M7GY41 DELL

18803 HN7GY41 DELL

18804 IN7GY41 DELL18807 MYOY1352, DELL

18812 9N7GY41 DELL

18810 6N7GY41 DELL

18813 MY0Y1352, DELL

18815 MYOY1352, DELL

18814 DL7GY41 DELL

18824 FN7GY41 DELL




18822 3N7GY41 DELL

17530 GIP9051111 DELL


15964 SYM420AOAPPLE

17594 SJPCB1174 DELL

17695 DD016Y13! DELL

17714 SJPCB1168 HP

iMac - Slot 1111111111111111 2-07944 ADMIN-AS! salvage 12

iMac - slot loading Williams L, salvage 12

iMac - slot 1111111111111111 2-08281 Computer Isalvage 12

5400/180 Library salvage 12

iMac - tray loading CARROLL salvage 12

iMac - tray loading JUSTICE salvage 12m

iMac - slot IIII#II/t### 2-07127 Lab salvage 12

920C II###II/tlill 2-09104 Nancy Jons salvage 12

920C /t####II#1I 2-09104 Amy Faenz salvage 12

IMAC 600: ###1111111111 2-09721 E,OVERCM salvage 12

eMac #1111#111111# 2-09796 Lab 03 salvage 12

eMac ##III1/t#1I11 2-09796 Lab 21 salvage 12

eMac ###1111#1111 2-09796 Lab 25 salvage 12

iMac - Slot-Loading Overcast salvage 12

E772p 4/7/2003 2-10078 WAT Jones salvage 12

P42 GHZ 4/7/20032-10078 WAT Jones salvage 12

P4 ##11#111111# 2-09518 KHOLS salvage 12

GX260 6/8/2003 2'10226 B29 Lab salvage 12

P4 11#111111#1111 2-10904 LIBRARY salvage 12P4 11###11### 2-10904 LIBRARY salvage 12

1300 ##11#11##11 2-11025 Library salvage 12

#111111###11 2-11221 Diehm salvage 12

P4 BLAKELY salvage 12

P4 WHITSETT salvage 12

P4 MANNING salvage 12

P42,8GHZ #11###11## 709198 KIZER LAB salvage 12

P42.8GHZ II#IIIIII/t## 709198 KIZER LAB salvage 12

P4 2.8GHZ ##11##11## 709198 KIZER LAB salvage 12

P42.8GHZ #######11 709198 KIZER LAB salvage 12

P42.8GHZ #1111##11## 709198 KIZER LAB salvage 12

P42.8GHZ ###11#### 709198 KIZER LAB salvage 12

P42.8GHZ #11#11#111111 709198 KIZER LAB salvage 12

P42.8GHZ #1111111111i111 709198 KIZER LAB salvage 12

P42.8GHZ #1111111111## 709198 KIZER LAB salvage 12

P42.8GHZ 11###11#1111 709198 KIZER LAB salvage 12

P4 2.8GHZ #111111#1111# 709198 KIZER LAB salvage 12

P42.8GHZ #11111111#11# 709198 KIZER LAB salvage 12

P42.8GHZ #1111#1111## 709198 KIZER LAB salvage 12

P42.8GHZ ###11#### 709198 KIZER LAB salvage 12

P42.8GHZ #11#11#### 709198 KIZER LAB salvage 12

P42.8GHZ ##111111### 709198 KIZER LAB salvage 12

P4 #11###### 2-11435 RIVER DEEP salvage 12

P4 ##11111111#11 2-11435 RIVERDEEP salvage 12

EMAC 111111111111#11 71634 MIDDLE SC salvage 12

P4 111111#1111#11 2-11872 DARDEN salvage 12

P4 11#11#111111# 2-11884 ROBERTS salvage 12

1300 #111111II### 2-11875 WHITE salvage 12

3

ERES

GHS

WHH

GHS

GHS

GHS

GHSGHS

SHS

16493 SJPCB1168 HP

18951 6b71z61~ DELL

18531 COTGJ31 DELL

14140 HLM5V21 DELL

14144 1LM5V21 DELL

14148 CLM5V21 DELL

14150 GLM5V21 DELL

14154 197322 DELL

19492 105636m DELL

1300 """""""" 2-11873P4 "ff"#ffff"" 2-12374P4

D600

CRAWFORI salvage 12

ANDERSO~ salvage 12

YORK salvage 12

LIBRARY salvage 12

LIBRARY salvage 12

LIBRARY salvage 12

LIBRARY salvage 12

LIBRARY salvage 12

MOBILELAsalvage 12

I recommend approval of these items as salvage. DPW

, .

Lf

GamerGregory

10th Requested a Motion at: 7_1L.27 PM3rd Seconded the Motion at: 7_1L27 PM

Resolution 081511069 RESOLUTION TO DECLARE SURPLUS PROPERTY


Chair Bradley does not voteAdcock 5th voted: YBaggett 9th wasBowens 12th voted: YBrown 4th voted: YBryant 7th voted: YCouts 1st voted: YDiOrio 3rd voted: YDorris 8th voted: YDugger 5th voted: YEden 2nd voted: YFarmer 12th voted: YGamer 10th voted: YB. Gray 9th voted: YK. Gray llth voted: YGregory 3rd voted: YHaley l l th voted: YJackson 1st voted: YJones 10th voted: YMacAfee 6th voted: YRay 2nd voted: YSpears 4th wasStubblefield 8th voted: YVogle 7th voted: YWilson 6th voted: Y

Passed (22 Y - 0 N - 2 Absent)

Absent

Absent


RESOLUTION DECLARING THAT A DECAL OR EMBLEM SHALL NOT BEREQUIRED TO EVIDENCE PAYMENT OF THE ROBERTSON COUNTY MOTOR

VEHICLE PRIVILEGE TAXES

BE IT RESOLVED by the Robertson County Commission, meeting in regular session

this the 15th day ofAugust 201 I, that this body as permitted by Section 5-8-l02(d)(3) of the

Tennessee Code Annotated hereby provides that a decal or emblem on the State ofTennessee

license plate shall not be required to evidence payment ofthe Robertson County Motor Privilege

Tax ("Wheel Tax"); provided, however, that the County Clerk shall be required, as soon as

possible, to cause appropriate markings and/or identification to be printed and displayed on the

State of Tennessee Motor Vehicle Privilege Tax decal which would evidence payment of the

Robertson County Motor Vehicle Privilege Tax.

Passed this the 15th day ofAugust, 201 I, to be effective on January 1,2012, the public

welfare requiring it.

~UFt'~TYOMMISSION

ATTEST:

l~KJ11mh/SUSAN K. ATCHLEY 8County Clerk

~ L-t«~ ~COUNTY MAYOR

RayDiOrio

2nd Requested a Motion at: 7_13_04 PM3rd Seconded the Motion at: 7_13_04 PM

Resolution 081511070 RESOLUTION DECLARING THAT A DECAL OREMBLEM SHALL NOT BE REQUIRED TO EVIDENCE PAYMENT OF THEROBERTSON COUNTY MOTOR VEHICLE PRIVILEGE TAX


Chair Bradley does not voteAdcock 5th voted: YBaggett 9th wasBowens 12th voted: YBrown 4th voted: YBryant 7th voted: YCouts 1st voted: YDiOrio 3rd voted: YDorris 8th voted: YDugger 5th voted: YEden 2nd voted: YFarmer 12th voted: YGamer 10th voted: YB. Gray 9th voted: YK. Gray 11th voted: YGregory 3rd voted: YHaley 11th voted: YJackson l st voted: . YJones 10th voted: YMacAfee 6th voted: YRay 2nd voted: YSpears 4th wasStubblefield 8th voted: YVog1e 7th voted: YWilson 6th voted: Y


Absent

Absent

RESOLUTION NO. 081511 0 71

RESOLUTION TO ESTABLISH AN AUDIT COMMITTEE

WHEREAS, Tennessee CodeAnnotated (T.C.A.) Section 9·3·405, encourages county

governments to establish an independent Audit Committee, and provides that the Tennessee

Comptroller ofthe Treasury (Comptroller) mayrequire an AuditCommittee in counties that (I)

are in noncompliance with the accounting and financial reporting standards required by the

Governmental Accounting Standards Board or (2) have recurring findings from the armual audit

for threeor moreconsecutive yearsthataredetermined by the Comptroller'soffice to be a

material weakness in internalcontrol or material noncompliance with government auditing

standards; and

WHEREAS, the Comptroller and the Government Finance Officers Association of the

UnitedStatesand Canadarecornmends thatall county governments establish an Audit

Committee as a best practiceand to assistthe County Commission in the oversightof the public

funds and financial reporting process; and

WHEREAS, the Robertson County Commission realizes the need,especially in today's

current environment of feweravailable resources, for increased transparency and accountability

ofpublic funds, and that the County Commission is ultimately responsible for ensuring that

management is meeting its internal control and financial reporting responsibilities; and

WHEREAS, the County Commission finds it to be in the best interests of Robertson

County to establish an AuditCommittee;



meeting in regular session this the 15lh day ofAugust 2011, that:

SECTION 1. Pursuant to the provisions ofT.C.A. §9-3-405, the County Commission ofRobertson County does hereby establish an Audit Committee to provide independent review andoversight of the county's financial reporting processes and the county's internal controls, areview of the external auditor's report and follow-up on management's corrective action, andcompliance with laws, regulations, and ethics.

SECTION 2. The Audit Committee will consist of seven (7) members to be comprisedfour (4) ofmembers of the County Commission and three (3) citizens of Robertson County whare not members of the County Commission. To insure the committee's independence andeffectiveness, no Audit Committee member will be an elected official (with the exception ofelected County Commissioners), employee, spouse ofan official/employee, or person thatcomingles assets with an official/employee of Robertson County. While committee membersneed no be accountants, they should possess sufficient knowledge and experience in finance,business, and accounting to discharge the committee's duties. The members of the AuditCommittee shall be appointed by the County Commission to staggered two (2) year terms. Toestablish staggered terms, the initial members of the committee shall be appointed so that four (4)members serve 1 year terms and three members serve two (2) year terms. Thereafter all membersshall be appointed to serve 2 year terms.

SECTION 3. Meetings of the Audit Committee shall be held in accordance with theprovisions ofT.C.A.§ 9-3-405. Meetings shall be subject to the open meetings provisions ofT.C.A. Title 8, Chapter 44, except that upon a majority vote of those members in attendance forthe public portion ofa meeting, the Audit Committee may hold confidential, nonpublic executivesessions to discuss the following items as authorized by T.C.A. § 9-3-405;

(1) Items deemed not subject to public inspection under T.C.A. §§ 10-7-503 and 10-07-504, and all other matters designated as confidential or privileged;

(2) Current or pending litigation and pending legal controversies;(3) Pending or ongoing audits or audit related investigations;(4) Information protected by federal law; and(5) Matters involving the reporting of illegal, improper, wasteful, or fraudulent

activity under T.C.A. §§ 9-3-406, where the informant has requested anonymity.

The Audit Committee will follow Roberts Rules of Order. Each year at its first meeting, thecommittee will elect a chairman, vice-chairman, and secretary. Meeting agendas will beprepared by the chairman and provided in advance to members along with appropriate briefingmaterials. Minutes of the Audit Committee meetings will be filed in the Office of the CountyClerk.

081511071RESOLUTION NO. _

SECTION 4. The committee shall have access to the services of a financial expert,eitherthrough a committee member or an outside party engaged by the committeefor thispurpose. Such financial expert should, through botheducation and experience, and in a mannerspecifically relevant to the countygovernment sector, possess (1) an understanding ofgenerallyaccepted accounting principles and financial statements; (2) experience in preparing or auditingfinancial statements of comparable entities; (3)experience in applying such principles inconnection with the accounting for estimates, accruals, and reserves; (4) experience with internalaccounting controls; and (6) an understanding of Audit Committee functions.

SECTION S. The dutiesand responsibilities of the AuditCommittee are:

(a) To carefully review, uponcompletion of the county's annualaudit, all auditfindings in audit reportandconsult with the external auditorsregarding anyirregularities and deficiencies disclosed in the annual audit. The AuditCommitteeis empowered to meetwithmanagement to discuss audit findings and/ordisagreements with the external auditors. The committee shouldsatisfyitself thatappropriate and timely corrective action has beentaken by management to remedyany identified weaknesses. Thecommittee shoulddetermine what correctiveaction, if any, should be recommended to the County Commission.

(b) To considerthe effectiveness of the internal control system,includinginformationtechnology security andcontrol, review the effectiveness of the system formonitoring compliance with lawsand regulations, and reviewthe process forcommunicating the county'sethics policies to county personnel and monitoringcompliance therewith.

(c) To establish a process by which employees, taxpayers, or othercitizensmayconfidentially reportsuspected illegal, improper, wasteful or fraudulent activityunderprovisions ofT.C.A § 9-3-406.

(d) To annually presenta written committee report detaining how it discharged itsdutiesand anycommittee recommendations to the full County Commission

SECTION 6. The AuditCommittee will beadequately fundedto carryout the dutiesandresponsibilities as set out in this Resolution andunderapplicable law.

SECTION 7. This resolution creating the duties and responsibilities of the AuditCommittee has beensubmittedto the Comptroller priorto approval by this legislative body,andthis resolution conforms with the report issued by the Comptroller.


Passed this the 15th day ofAugust, 2011, to be effective on the date ofits passage, the


COUNTYCOMMISSII

ATTEST:

COUNTY MAYOR

SUSANK.CountyCle

;f}~-c

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~' e-"C'-fJ~o

,,} J:JQ.,\'

... 081511072RESOLUTION N~. --'-__--'__

RESOLUTION TO APPROVE TRANSFER OF PROPERTY

WHEREAS, Robertson County, Tennessee is the owner ofcertain property upon which is

generally located the Coopertown Middle School located Within the Town of Coopertown city

limits; and

WHEREAS, the City has requested to the County that a tract ofproperty containing

approximately .59 acres be conveyed to the City for City purposes, and the School Board has

indicated its approval by its Resolution ofApril II, 201 I, a copy of which is attached including a

plat of the proposed property;


meeting in regular session this the 151h day ofAugust 20 II, that pursuant to those provisions as

set forth in the School Board Resolution, that the County Mayor is hereby authorized and

directed to execute a deed of transfer approved by the County Attorney for said property to the

Town ofCoopertown, Tennessee.

Passed this the 151h day of August, 20 II, to be effective on the date of its passage, the


~1ifaJ/L_C()UNTYCOMMISSI~

~_..L/(d ~COUNTY MAYOR ~ ~

ATTEST:

~i<~4sSANKATCm£YCounty Clerk

EXPECT SUCCESS

~o.n eounJ.tjS~Daniel P. Whitlow, Director

Danny Weeks, Ed.D, Assistant Director2121 Woodland Street

P.O. Box 130Springfield, Tennessee 37172

Phone' (615) 384-5588 Fax, (615) 384-9749

April 11, 2011

A RESOLUTION OF THE ROBERTSON COUNTY BOARD OF EDUCATION TO RECOMMEND TO THEROBERTSON COUNTY COMMISSION THE TRANSFER OF CERTAIN PROPERTY TO THE CITY OFCOOPERTOWN

WHEREAS, property located behind the City of Coopertown City Hall is owned by RobertsonCounty Government; and

WHEREAS, this property is Indentlfied on an attached plat provided by Mr. Steve Artz toconsist of approximately siXtenths of one acre; and

WHEREAS, the City of Coopertown is in need of this property to provide expansion of theirstorage and maintenance areas; and

WHEREAS, the City has been a good and valuable friend of the school system by prOVidingservices in excessof the value of this property; and

WHeREAS, it is believed that the property will better serve the City than the schools; and

WHEREAS, the City must agree, at their expense, to erect and maintain a secure and safefence Onthe property line which Is a minimum of flve feet In height; now, therefore,

BE IT RESOLVED BY THE ROBERTSON COUNTY BOARDOF EDUCATION, that this Board doesrecommend and request that:

The Robertson County Commission take necessaryaction to complete the proper transfer ofownership of the Identified property to the City of Coopertown and that the Commission do so in atimely manner.

Passed this .1.J:t!J day 9f _ April, at the regular meeting of the Robertson County Board ofEducation by a vote of...f:L- to D......

Allan Heard, Vice Chairman~d.//Lkr

Crockett, Chairman

SCHOO~ BOARD

AtlAN HEARD. JERRYCONVERse. STONEYCROCKETT. MtCHAEL EWS • GeRALDINE FARMER. JEFFWHiTE

~loly BOD' to llt•..- of Sulv... 0R~ " Stole Hlgln.ay 149. •

'ste....,i1 ,E. .ArtZBe AS..Jciates. Inc.

tand Survey,j....P.O, Box 923

~eld, Tennessee(615) 382-0481

so 25 0 ISO 100

~ I I_'In FOIl

~IIola: l"mSO'---- ....__'lIIll_Of_

• - County j,f Robertsonu ll4b. PQ, 290 RlIRCTR.B. 840, PG. 301 RORCT

Il<p 111, Pan:el «l TAORCT

.~~;I01R01lCT.. Ill, pGrl of P..... 40 TAORCT

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Town Of CooDertownR.8. 519. PQ, us ROReT

Il<p 111, P_ 41 TAalCT

Carroll ChamblissO.B, Io:!. PG. 55 RORCT

Nap 111. Paroet 181 TAatcT

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The area outlined in red above is the area we are recommending be transferred.

- !

MacAfeeJackson

6th Requested a Motion at: 7_14_57 PMIst Seconded the Motion at: 7_14_57 PM

Resolution 081511072 RESOLUTION TO APPROVE TRANSFER OFPROPERTY

Time ofVote: 7_16_39 PMType ofVote is Custom: 13 YEA Votes Needed to PassNote: Abstain Votes are NOT counted.

Chair Bradley does not voteAdcock 5th voted: YBaggett 9th wasBowens 12th voted: YBrown 4th voted: YBryant 7th voted: YCouts 1st voted: YDiOrio 3rd voted: YDorris 8th voted: YDugger 5th voted: YEden 2nd voted: YFarmer 12th voted: YGarner 10th voted: YB. Gray 9th voted: YK. Gray 11th voted: YGregory 3rd voted: YHaley 11th voted: YJackson 1st voted: YJones 10th voted: YMacAfee 6th voted: YRay 2nd voted: YSpears 4th wasStubblefield 8th voted: YVogle 7th voted: YWilson 6th voted: Y


Absent

Absent


RESOLUTION TO APPROVE HIGHLAND CREST COLLEGE CAMPUS ADVISORYBOARD BYLAWS

WHEREAS, by prior action of this body, certain legal documents have been approved

which have previously led to the construction of the Highland Crest College Campus in

Springfield, Tennessee, such campus, to be presently served by Austin Peay State University and

Volunteer State Community College; and

WHEREAS, a provision in those prior agreements establishes a seven (7) person

Advisory Board to consult with the Colleges and be a liaison between the City ofSpringfield,

Robertson and the land donor, William Batson, with each College or University to appoint one

(l) non-voting member to such Advisory Board; and

WHEREAS, the Advisory Board has been established and proposed Bylaws for that

Board have been drafted by the County Attorney, are attached hereto, and should be approved by

this body;


meeting in regular session this the 15th day of August 2011, that Robertson County, Tennessee

hereby approves by this Resolution those original Bylaws attached hereto, and authorizes the

County Mayor to sign such Bylaws indicating the County approval.

Passed this the 15th day of August, 20II, to be effective on the date of its passage, the

......


~ /' \ ==----tf!7 . coiMrY:O-- -- --"-- '".,\ ""'".'

-7/ (p(/'? ~COUNTY MAYOR

o co f-'

U1

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BYLAWS OFHIGHLAND CREST - COLLEGE CAMPUS ADVISORY BOARD

ARTICLE IOFFICES

The Corporation's initial office shall be at 516 South Main Street, Springfield, Tennessee37172.4727. The Corporation may have such offices, either within or without the State ofTennessee, as the Board of Directors may designate or as the business of the Corporation mayrequire from time to time.

ARTICLE IIBACKGROUND OF ORGANIZATION

This corporation has been created by the filing of a not-for-profit Charter attached asExhibit "A" with the Tennessee Secretary of State. The establishment of this corporation wasfurther authorized by certain documents executed relative to the grant of land, building of acollege building and campus, and lease of that campus site to Volunteer State CommunityCollege and Austin Peay State University as approved by the Tennessee Board of Regents,together with the pledge of financial support by Northcrest Medical Center located in Springfield,Tennessee. These documents may be referred to as "the college documents" and are described asfollows:

I. "Agreement for Higher Education in Robertson County, Tennessee" executedon November 23,2009 by The City of Springfield, Tennessee ("the City"), RobertsonCounty, Tennessee ("the County"), and William Batson and wife Jean Batson ("Batson");

2. "Property Donation Agreement" executed on same date by Batson, the City,and the County;

3. "Interlocal Agreement" executed on same date by the City and County;

4. "Northcrest Medical Center College Contribution Commitment" executed onsame date by Northcrest Medical Center, Springfield, Tennessee ("Northcrest"), the City,and the County;

5. "Lease Agreement" executed on same date by the City and County as Lessorsto Volunteer State Community College and Austin Peay State University.

These documents are attached as Exhibits "B", "C", "D", "E" and "F".

I

ARTICLE IIIMEMBERS

There shall be no members or shareholders of this organization.

ARTICLE IVDIRECTORS

4.1 Establishment of Directors

As provided by the College Documents, the Board of Directors shall consist of seven (7)persons. The Robertson County Mayor will nominate two (2) persons with those persons ratifiedby the Robertson County Commission. The Mayor of the City of Springfield will nominate two(2) persons with those persons likewise ratified by the Springfield Board of Mayor andAldermen. William Batson and wife Jean Batson will nominate one (1) person. The RobertsonCounty Chamber of Commerce Executive Committee will nominate one (1) person. TheRobertson County Industrial Board will nominate one (1) person.

At present, it is acknowledged that the following named persons will constitute theoriginal Board of the organization:

Robertson County-

Springfield -

Batson -

Chamber of Commerce -

County Industrial Board -

Geoffrey ButcherDonita Brown

Dr. Tommy CrunkKathyGunn

William A. Batson

Chris Heeren

Jean Baker

In addition to the above 7 voting members of the Board, any institution of higher learningwith which the City and County presently have a lease agreement for the college campus, mayeach name 1 non-voting member of the Board.

4.2 Powers and Duties.

(a) The organization shall be managed by the Board of Directors. The Board may exerciseall powers granted to a corporation as set forth at Tennessee Code Annotated 48-13-102.

(b) These By-Laws must be approved by majority vote of the 3 entities that haveestablished this organization, being the County, the City and Batson and then ratified by majority

2

vote of a quorum of the initial Board.

(c) This Board will serve as liaison between the college and/or university academicrepresentatives (referred to herein as the "colleges") and the Springfield - Robertson Countycommunity including the parties establishing this Board. The Board will advise and participatewith the local community and the colleges toward reaching the stated goal of increasing the posthigh school educational level of Springfield - Robertson County citizens. It is believed that theseeducational opportunities will foster personal growth, will result in a more educated workforceand thus make Springfield and Robertson County more competitive in the business marketplace,and will generally make the County a better place to live for its citizens both current and future.

(d) It is anticipated the Board will advise with the colleges and community regarding: (1)community goals for the college; (2) academic institution goals for the colleges; (3) academiccourse offerings of the colleges; (4) anticipated educational needs of the community regardingcourse offerings; (5) issues as they may arise regarding scheduling and other matters relating tothe colleges' participation in the project; (6) periodic review and discussion between the Board,the colleges, and community representatives regarding needs of the colleges and community andgeneral success ofthis educational project; (7) planning for the future of County post high schooleducational needs; (8) participation in local activities to ensure continued success of thiseducational project, including community forums, receiving business and employment andparticipating in fundraising as may benefit the education project.

(e) It is acknowledged that Robertson County and the City of Springfield own the realestate and have built the college building and campus for the benefit of the colleges and the localcommunity. Those property owning governmental entities will work with the colleges regardingmaintenance and similar physical structure - campus matters.

4.3 Number and Term.

(a) Number. As described above, the Board of Directors shall consist of seven (7)persons.

(b) Term. The original seven (7) Directors have been designated by the nominatingparties and are named herein. The two (2) City nominated Directors and the two (2) Countynominated Directors will each serve an initial terms oftwo (2) years. The other three (3)members will serve an initial term ofthree (3) years. Thereafter, all Board members will benamed and serve a term oftwo (2) years.

For later appointment as Board members, the same City and County appointment andratification procedure shall apply for the four (4) govemmental Board positions. The other threeappointing persons or agencies shall nominate directors by written notification addressed to thethen Director of the Robertson County Chamber of Commerce, who shall advise the City andCounty of the new nominations for the three (3) non-governmental positions. Directors may bere-elected to the Board. Despite the expiration of a Director's term, such Director shall continueto serve until a successor is elected and qualifies.

3

The term of office for a Board member begins on August l " of the year nominated andends on July 31st in the year the term expires.

4.4 Meetings; Notice.

(a) General. The Board of Directors will hold an annual regular meeting and such specialmeetings as necessary. It is suggested but not required that the Board hold quarterly meetingsduring at least the first year. The Board may permit directors to participate in a meeting by theuse of any communication by which all directors participating may simultaneously hear eachother during the meeting. A director so participating is deemed to be present in person at suchmeeting.

(b) Annual and Regular Meetings. The annual meeting of the Board of Directors shall beheld within 90 days following August l" of each year. If a regular Board meeting schedule isestablished, regular meetings of the Board may be held without notice of the date, time, place orpurpose of the meeting. Otherwise, such notice shall be given at least ten (10) calendar daysbefore such meeting.

(c) Special Meetings. Special meetings of the Board of Directors may be called by theBoard Chairman or any two (2) directors. Special meetings must be preceded by at least three (3)days notice of the date, time, place and purpose of such meeting. Such notice shall comply withthe requirements of these Bylaws.

(d) Adjourned Meetings. Notice of an adjourned meeting need not be given if the timeand place to which the meeting is adjourned are fixed at the adjourned meeting and if the periodof adjournment does not exceed 30 days.

(e) Waiver ofNotice. A director may waive any required notice before or after the dateand time stated in the notice. The waiver must be in writing, but a director's attendance at orparticipation in a meeting waives any required notice to such director of such meeting unless thedirector at the beginning of the meeting (or promptly upon arrival) objects to holding the meetingand does not thereafter vote on action taken at the meeting.

4.5 Quorum.

A quorum of the Board is a majority of the 7 regular Board members. In the event of avacancy on the Board, a quorum is a majority of the directors then presently serving. Forexample, 4 is a quorum of the regular Board of 7 members, 4 is still needed for a quorum for aBoard with 1vacancy, but only 3 is required for a quorum with 2 vacancies.

4.6 Voting.

If a quorum is present, the affirmative vote of a majority of directors present is the act of

4

the Board of Directors.

4.7 Compensation

Directors and members of any committee will serve on a voluntary basis withoutcompensation for their time.

4.8 Resignation.

A director may resign at any time by delivering written notice to the Chairman orSecretary. A resignation is effective when the notice is delivered unless the notice specifies alater effective date.

4.9 Vacancies.

If a vacancy occurs on the Board of Directors, the person or agency that appointed suchBoard member shall be notified in writing by the Board Secretary and such person or agencyshall fill the position for the unexpired period of that term.

4.10 Removal of Directors.

The appointing authority for each director may cause the removal of a appointed directoronly for good cause amounting to dereliction of duty, or actions which amount to incompetence,or gross failure to act in keeping with the goals of the organization.

ARTICLE VCOMMITTEES

The Board of Directors may create one or more committees, each consisting of membersofthe Board or such other non-Board members as determined by the Board itself. To the extentspecified by the Board of Directors, each committee may exercise only the authority granted tothe committee. However, no such committee shall (a) authorize distributions; (b) approve thedissolution or merger of the Corporation, or sale, pledge or transfer of all or substantially all ofthe assets of the Corporation; (c) fill vacancies on the Board of Directors or any of itscommittees; or (d) adopt, amend or repeal these Bylaws or all such committees shall be governedby the same requirements regarding meetings, action without meetings, notice and waiver ofnotice, quorum and voting requirements as are applicable to the Board of Directors; or (e)undertake any action specifically delegated to the Board.

ARTICLE VIOFFICERS

6.1 Number.

There shall not be officers of the corporation separate from the Board members. The

5

officers of the Corporation shall be a Board Chairman, a Board Vice Chairman, a Secretary and aTreasurer, together with such other officers as may be from time to time appointed by the Boardof Directors. The Secretary and Treasurer position may be combined if the Board so determirtes.

6.2 Resignation and Removal.

An officer may resign at any time by delivering notice to either the Chairman orSecretary, or other member of the Board if those positions are vacant. The Board of Directorsmay remove any officer at any time for good cause.

6.3 Duties.

(a) Board Chairman. The Chairman shall preside at all meetings of the Board ofDirectors. The Chairman shall have general supervision over the active management of thebusiness and affairs ofthe Corporation. The Chairman shall have the general powers and dutiesof supervision and management usually vested in the office of the President and/or Chairman ofthe Board of a corporation and shall perform such other duties as the Board of Directors mayfrom time to time prescribe.

(b) Board Vice Chairman. The Vice Chairman shall assist the Chairman in the activemanagement of the business, and shall perform such other duties as the Board of Directors mayfrom time to time prescribe. The Vice Chairman shall conduct meetings in the absence of theChairman.

(c) Secretary. The Secretary shall attend meetings of the Board of Directors and shallprepare and record all votes and all minutes of all such meetings in a book to be kept for thatpurpose. The Secretary shall give, or cause to be given, notice of all meetings of the membersand of the Board of Directors when required, and unless directed otherwise by the Board ofDirectors, shall keep a record containing the names of all persons who are Directors of theCorporation, showing their place of residence and term of office. The Secretary shall performsuch other duties incident to the office of Secretary or as prescribed from time to time by theBoard of Directors.

The Secretaryshall conduct meetings in the absence of the Chairman and Vice Chairman,and in such case, shall appoint another member to take minutes and perform the Secretary'sfunctions during the meeting.

(d) Treasurer. The Treasurer shall have the custody of the Corporation's funds, shall keepa full and accurate account of receipts and disbursements in books belonging to the Corporation,and shall deposit all moneys and other valuable effects in the name and to the credit of theCorporation in such depositories as may be designated by the Board of Directors. The Treasurershall disburse the funds of the Corporation as required in the ordinary course of business or asmay be ordered by the Board, taking proper vouchers for such disbursements, and shall render tothe Chairman and Directors at the regular meetings of the Board, or whenever they may requireit, an account of all transactions as Treasurer and the financial condition of the Corporation. The

6

Treasurer shall perform such other duties as may be incident to the office or as prescribed fromtime to time by the Board of Directors.

(e) Other Officers. Other officers designated by the Board of Directors shall exercisesuch powers and perform such duties as may be delegated to them.

(f) Delegation of Duties. In case of the absence or disability of any officer of theCorporation or of any person authorized to act in such officer's place, the Board of Directors mayfrom time to time delegate the powers and duties of such officer to any officer or any otherDirector during such period of absence or disability.

ARTICLE VIIINDEMNIFICATION

7.1 Indemnification and Advancement of Expenses.

To the extent allowed by law and to the extent of any policy of insurance that may beapplicable, the Corporation shall indemnify every person who is or was a party or is or wasthreatened to be made a party to any action, suit or proceeding, whether civil, criminal,administrative or investigative, by reason of the fact that he or she is or was a director, officer,employee or agent of the Corporation, against all expense, liability and loss (including counselfee, judgments, fines, penalties, and amounts paid in settlement) actually and reasonably incurredor suffered by such person in connection with such action, suit or proceeding, to the fullest extentpermitted by applicable law, as in effect on the date hereof and as hereafter amended. Suchindemnification may include advances of expenses in advance of final disposition of such action,suit or proceeding, subject to the provision of any applicable statute. The Board may approvefunds for legal counsel to advise on legal matters relative to the corporation or its' activities, andthe Board shall generally conduct it's activities in such a way that protects the Board of Directorsand Officers from claims ofliability.

7.2 Insurance.

The Corporation may maintain insurance, at its expense, to protect itself and anyindividual who is or was a director, officer, employee or agent of the Corporation, then anyexpense, liability or loss whether or not the Corporation would have the power to indemnify suchperson against such expense, liability or loss under this Article or Corporate statutory law.

ARTICLE VIIICORPORATE ACTIONS

8.1 Contracts.

Unless otherwise required by the Board of Directors, the Chairman and Secretary shallexecute instruments on behalf of or in the name of the corporation. The Board of Directors may

7

from time to time authorize any other officer or agent to enter into any contract or execute anyinstrument in the name of and on behalf of the Corporation as it may deem appropriate, and suchauthority may be general or confined to specific instances.

8.2 Loans.

No loans shall be contracted on behalfof the Corporation and no evidence of,indebtedness shall be incurred by the Corporation.

8.3 Checks, Drafts, etc.

All checks, drafts, bills of exchange and other negotiable instruments of the Corporationshall be signed by any two (2) authorized persons, the authorized persons being the Chairman,the Treasurer, or the Vice-Chairman. The Board of Directors may add additional authorizedpersons. Such authority may be general or confined to specific business.

8.4 Deposits.

All funds of the Corporation not otherwise employed shall be deposited from time to timeto the credit of the Corporation in such banks or other depositories as the Board of Directors mayauthorize.

ARTICLE IXFISCAL YEAR

The fiscal year of the Corporation shall be determined by the Board of Directors, and inthe absence of such determination, shall be then July 15t through June so", being the same fiscalyear as the City and County.

ARTICLE XNOTICE

Unless otherwise provided for in these Bylaws or any statute, any notice required shall bein writing except that oral notice is effective if it is reasonable under the circumstances and notprohibited by the Charter or these Bylaws. Notice may be communicated in person, bytelephone, teletype, email or other form of wire or wireless communication, or by mail or privatecarrier.

Written notice to Directors, if in a comprehensible form, is effective when mailed, ifmailed postpaid and correctly addressed to the member's address shown in the Corporation'scurrent record of members. Except as provided above, written notice, if in a comprehensibleform, is effective at the earliest of the following: (a) when received; (b) five (5) days after itsdeposit in the United States mail, if mailed correctly addressed and with first class postageaffixed thereon; or (c) on the date shown on the return receipt, if sent by registered or certified

8

mail, return receipt requested, and the receipt is signed by or on behalfof the addressee. Oralnotice is effective when communicated if communicated in a comprehensible manner.

ARTICLE XIAMENDMENT OF BY~LAWS

These By-Laws may be amended by a majority vote of the three (3) entities or personsthat have established this entity, being the County, the City and Batson. Further, any amendmentof these By-Laws must be ratified by a majority vote of a quorum of the Directors either at ameeting called for that purpose or at a regular meeting with prior notice of any proposed changes.

APPROVED:

ROBERTSON COUNTY, TENNESSEE

Date: _Howard R. Bradley, County MayorBy: -----::-:=----~D.:;;';i~~tYM~-

CITY OF SPRINGFIELD, TENNESSEE

Date: _Billy P. Carneal, Mayor

By: _

BATSON

Date: ~---

William A. BatsonBy: .....

Date: _

Jean BatsonBy: -------r~rts;;ri---

HIGHLAND CREST - COLLEGE CAMPUSADVISORY BOARD

By:Secretary

Date: _

9

AGREEMENT FOR HIGHER EDUCATION

IN ROBERTSON. COUNTY, TENNESSEE

This AGREEMENT made and entered into by the City of Springfield,

Tennessee, a Tennessee municipal governmental entity, referred to herein as "THE

CITY", Robertson County, Tennessee, a Tennessee county governmental entity,

referred to herein as "THE COUNTY", and William Batson and wife Jean Batson,

referred to herein jointly as "BATSON".

WHEREAS, representatives of the City, County, and Batson, together with

representatives from Vol State and Austin Peay have met and discussed the need for a

higher education presence in Robertson County to further the education and general

community well-being of citizens in the County and further promote job and economic

growth within the County, the establishment of such a facility with affiliated teaching

arrangements with Vol State and/or Austin Peay being referred to herein as "The

Project"; and

. WHEREAS, Batson has agreed to make a donation of land, together with

necessary and desirable access and utility easements, referred to herein as "The

Property", for the benefit of the Project, all as more particularly set forth in this

Agreement and in the proposed Property Donation Agreement attached as Exhibit "A"

hereto; and

WHEREAS,. the City and County have agreed to accept ownership of the Batson

donatedProperty pursuant to the Property Donation Agreement; and

WHEREAS, the City and the County have further agreed to jointly construct a

public building and related improvements on the Property, which may be referred to

herein as the "Building" and/or "Campus Improvements" as a facility for higher

education, and the City and County anticipate entering into an Interlocal Agreement to

further describe the anticipated construction plans, financing for construction, and the

participation by each in the Project, said Interlocal Agreement attached as Exhibit "B"

hereto; and

•

WHEREAS, the City and County will lease the Property to Volunteer State

Community College and Austin Peay State University for an initial period of three (3)

years for the purpose of offering higher education classes on the Campus, all as more

particularly set forth in that proposed lease agreement between the Tennessee Board of

Regents and/or the colleges and the City-County attached as Exhibit "C" hereto; and

WHEREAS, Northcrest Medical Center, a Tennessee not-for-profit hospital

corporation located in Springfield, Tennessee has been a vital community partner in this

project and has agreed to provide for a period oftwo (2) years maintenance and operating

funds for the Building and Campus as more particularly set forth in that "Hospital

Maintenance Contribution Agreement", attached as Exhibit "D" hereto.

Now, therefore, in consideration of the benefit to the parties for the successful

completion of the Project and other valuable consideration acknowledged, these parties

are pleased to join in this Agreement for Higher Education in Robertson County (the

"Agreement").

1. Batson agrees to donate the Property jointly to the City and County for the

purpose of. the Project, all as set forth in attached Exhibit "A" Property Donation

Agreement.

2. The City and County accept this donation of the Property and agree to

construct a Building and related campus facilities on the Property according to those

agreements as set forth in the Property Donation Agreement and the City-County

lnterlocal Agreement, Exhibit "B hereto.

3. Vol State and/or Austin Peay through the Tennessee Board ofRegents has

agreed to sublease the Building and Campus Facilities according to the attached Exhibit

"C" lease, said lease term to begin upon completion of the Building and Campus

Facilities by the City and County when classes may be then offered.

4. All parties to this Agreement recognize the need to co-ordinate these

matters with each other for the successful completion of the Project, being the offering of

college classes at a facility to be jointly built and developed as set forth herein. The

. parties acknowledge the need for the colIege(s) to have a liaison group for

communication, the desire for the local parties to have input into college participation

matters, and the desire for the Building and Campus Facilities to have oversight. The

parties agree that a new Tennessee not-for-profit corporation will be formed which will

have delegated to it and be constituted so as to have sufficient power and authority to

enable it to aid in the success ofthis site as a campus for higher education in Springfield·

and Robertson County. This new organization will be governed by a board of directors

composed of seven (7) members. The City Mayor will name two (2) board members,

subject to Board of Aldermen ratification. The County Mayor will name two (2) board

members, subject to County Commission ratification. Batson will name one (1) board

member. The Robertson Chamber of Commerce Executive Committee, will name one (1)

member. The Robertson County Industrial Board will have one (1) member. These

members will be appointed to staggered terms with the four (4) City-County members to

serve an initial term of two (2) years, the other three (3) Board members to serve a term

of three (3) years and with Board members elected thereafter every two (2) years. Said

members will serve without compensation. By-laws and other organizational documents

will be drafted when. the entity is established and will be approved by the City and

County governing bodies. All parties agree to work together to have such organization

established and to name their respective Board representative as soon as practical. Any

institution of higher learning which is then offering classes at the Campus site may

designate one (1) non-voting liaison member of the Board.

This Agreement executed by. the parties below on the date opposite each

signature, the effectivedate of this Agreement being the final signature date, with each

signature supported by the respective governmental resolution and/or minutes of the

meeting authorizing the approval.

THE CITY

By: 'L~rx=.>. 4~.. (~ "Its:· (J r

j ., .

Date:

THE COUNTY

Robertson County, Tennessee

BY:-z/ ij4~Its: ~ MryQ~ r:I>ate: ~~

PROPERTY DONATION AGREEMENT

This Property Donation Agreement made and entered into by Billy Batson and

wife Jean Batson, referred to herein jointly as "PROPERTY OWNER" and/or

"BATSON" and Robertson County, Tennessee, a Tennessee county governmental

entity, referred to herein as "THE COUNTY", and the City of Springfield, Tennessee, a

Tennessee municipal governmental entity, referred to herein as "THE CITY";

WITNESSETH:

WHEREAS, the Property Owner desires to donate to the County and City certain

real property to be used for the construction and establishment of an accredited institution

of higher learning in the City of Springfield, Tennessee, and

WHEREAS, the County and City desire to accept this gift of said real property for

the above stated purpose; and

WHEREAS, each of the parties to this Agreement recognize the need for the

assistance and support of local government, including Robertson County, Tennessee and

the City of Springfield, Tennessee, and other public and private support in order to

construct and maintain an accredited institution of higher learning, and the parties hereto

believe that the establishment of such institution will be of benefit to the community at

large; and

WHEREAS, the Property Owner desires to so assist in the construction,

establishment and maintenance of an accredited institution of higher learning in

Springfield, Robertson County, Tennessee;

NOW THEREFORE, the parties agree as follows:

1. Batson agrees to donate by deed executed jointly to the City and County that

property described by the Special Warranty Deed attached hereto as Item 1.

2. The property being donated, together with easements, is that property

described by the attached new survey information. Although it is anticipated that this

description accurately describes the donated property together with all easements, the

parties may make adjustments in the boundary of the donated property and in the location

of the anticipated easements as approved by the City Mayor, the County Mayor and/or

the Property Owner and their respective legal counsel.

3. Possession will be granted to the City and County with the deed. Taxes

between the Property Owner will be prorated as of date of deed. Any title insurance or

title examination of the Property will be paid by the City-County if desired. All closing

costs, including deed preparation, including deed recording costs, will be paid by the

City-County. Because the Property is being donated, it is the intent of the parties that

Batson not pay any closing costs other than his share of the taxes accrued through date of

deed.

4. The City and County acknowledge that Batson will donate the real property

described in a restricted use appraisal report from appraisers, McGuigan & Associates,

LLC in Nashville, Tennessee, dated September 29, 2008, a copy of which is attached

hereto, said property having an appraised value in the amount of $830,000.00, and the

City and County agree to accept said property for the purposes described herein.

5. The parties acknowledge that the County-City will formulate through

architectural services a design and specs for the building to be constructed together with

other improvements, and that the constructionof the building will be by the governmental

bodies through a contractor bid process. The Property Owner and/or related parties may

choose to submit a bid as a general contractor as with any other licensed and qualified

contractor in the State ofTennessee to complete the project.

6. The County-City agree to allow input and to consult with the Property Owner

in the design and architectural phase of the project such that the building and campus will

have all appearance of a true college facility and in keeping with similar facilities in the

State of Tennessee. It is the joint and agreed intent of the Property Owner and the

County-City that the building be aesthetically pleasing and in agreed words "look like a

college building". To this end, all parties agree to cooperate.

7. The County-City agree to appropriate public funds for the construction of the

building and campus, together with equipping the building in a reasonable manner, in an

amount not to exceed $3 million for each government, being a total of$6 million.

8. Further, the parties anticipate that public contributions in the form of local

donations may be made to defer a portion of the Building and related construction costs,

for equipment and instructional costs, and for operating-maintenance expenses of the

campus. The parties all agree that they will jointly cooperate with each other in these

community fund raising efforts.

9. The City and County agree to proceed with obtaining their necessary funds, the

selection of an architect and the construction and completion of the project. The City

County agree that within 9 months following the day of delivery of a deed, funding will

have been secured for the anticipated costs of the project, an architect will have been

employed for the project, a site plan will have been approved and grading of the site for

construction will have been completed. The City-County further agree that within 18

months following the date of delivery of the deed the building will be under roof. If the

City-County fail to complete the items specified herein with regard to the project due to

their action or failure to act within said time, excepting events not within the control of

the City-County such as acts of God and insolvency of the general contractor, said

property may revert to the Property Owner or the designee.

10. In the event that the City-County, or either of them, should determine to sell

its interest in the property, or cease to use said property for the purpose of higher

education within 10 years from the date of the deed from Batson to the City-County, the

City-County agree to offer said property for sale for a period of six (6) months to either a

public or private college or university for continued use of the property as a facility for

higher education. In the event no public or private college or university offers to

purchase said property during such six (6) month period, the City-County may offer such

property for sale to any third party, subject to the right of Batson, the original property

owner, to have a right of first refusal to purchase said property upon the same terms and

conditions as may be offered in writing by a bona fide third party purchaser within said

10 year period, with the said Batson having 30 days to elect to purchase on the same

terms and conditions as then offered, and to close all such terms within an additional 30

days.

11. The parties acknowledge that the Property Owner would not be donating the

property in this manner unless the County-City agree to appropriate publie funds for the

building of a college facility and campus upon the property. The parties acknowledge the

result of several meetings with representatives of Vol State and Austin Peay, and that the

initial agreement with Vol State is for a 3 year lease. The parties acknowledge their joint

intent that an institution of higher learning be located upon the donated property, staffed

by appropriate institutions of higher learning and serving the higher education needs of

Robertson County. Likewise, the County-City indicates it would not intend to use public

funds to construct a building and campus on this property if the intent was not to have a

college presence located on this property. In that regard, the County and City agree to

make all reasonable efforts with Vol State and/or Austin Peay and/or any successor

institutions of higher learning so that the Building and property may be occupied for

higher education.

12. This agreement is effective according to its terms on the final date of

signature hereto, upon proper approval by the parties including the respective governing

bodies of the City and County, together with signature and approval of the Property

Owner.

13. This Agreement is binding on the parties according to its terms and its

successors. The Agreement and obligations herein are not assignable.

14. This written agreement contains the entire agreement of the parties relative

to these matters, with all prior verbal or written representations merged herein.

15. This Agreement may not be modified, altered or amended in any manner

unless in writing and approved by the governing body of each such original party.

This agreement is effective on the final date of signature hereto, upon approval by

the parties including the respective governing bodies of each government entity.

--,II~ljE' ~~~--

_--,-,If b2 LO,,-'1L __

DArt

II J;;l.g }O'1DArE

)/};;>5) 0'1DATE

~~'B~.JEA"BATSON


By: J./' ....-£f/?~Title C-.J-, MM<" ..PhU~~, J;,}

CITY OF SPRINGFIELD, TENNESSEE

By: ~~.(}__

Title: m0-JflY or.Sfri~~tU

Steven E. Artz and Associates, Inc.Surveyor's Description

April 30, 2007Added Easements June 3, 2009

Revised September 29, 2009

The followingparagraphs describe a tract of land and a Drainage and Utilityeasements in the 9th Civil District of Robertson County, Tennessee, said tract andeasement being a portion of that property which was conveyed to Billy Batson, et ux, byBlake Batson, in a deed of record which is recorded in Record Book 798, Page 741,Register's Office for Robertson County, Tennessee, (RORCT).

Tract 1

Beginning at an iron bar monument (new), in the southerly boundary of a tract ofland which belongs to Joe H. Moore, having a deed reference in Deed Book 293, Page848, RORCT, said iron bar monument being located from a 12" oak tree, the southeastcorner of said tract ofland which belongs to Joe H. Moore, in the westerly boundary of atract of land which belongs to Billy Batson, having a deed reference in Deed Book 338,Page 478, RORCT,N 78°48'14" W, 771.74 feet, to the point of beginning, the northeast corner of this tract,and continuing with a new line, as follows:S 11°Il '46" W, 419.82 feet to an iron bar monument (new);thence, N 40°07'43" W, 33.70 feet to an iron bar monument (new);thence with a curve to the left, having a radius of300.00.feet, an arc distance of239.00feet, and a chord bearing and distance ofN 62°57'05" W, 232.73 feet to an iron barmonument (new);thence, N 85°46'27" W, 153.18 feet to an iron bar monument (new);

. thence, N 08°27'37" E, 175.48 feet to an iron bar monument (new);thence, N 83°03'34" W, 211.09 feet to an iron bar monument (new);thence, NIl °26'26" E, 194.15 feet to an iron bar monument (new), in the southerlyboundary of said tract of land which belongs to Joe H. Moore;thence, S 78°48'14" E, 620.28 feet, to the point ofbeginning, containing 4.20 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, d/b/a, Steven E. Ariz andAssociates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated April 30, 2007, revised September 29,2009.

Tract 2

Beginning at an iron bar monument (new), said iron bar monument being locatedfrom a 12" oak tree, the southeast corner of said tract ofland which belongs to Joe 1-1.Moore, in the westerly boundary ofa tract of land which belongs to Billy Batson, havinga deed reference in Deed Book 338, Page 478, RORCr,N 78°48'14" W, 1392.02 feet;thence, S 11°26'26" W, 194.15 feet;thence, S 83°03'34" E, 211.09 feet;

Land Surveyors-Tennessee and KentuckyPhone: (615) 382-0481 Fax: (615) 382-0262514 South Brown Street Suite 600 Springfield, Tennessee 37172

Steven E. Arll and Associates, Inc.thence, S 08°27'37" W, 175.48 feet, to the point of beginning, the northwestcorner ofthis tract, and continuing with a new line, as follows:S 85°46'27" E, 153.18 feet to an iron bar monument (new);thence with a curve to the right, having a radius oDOO.OO feet, an arc distance of239.00feet, and a chord bearing and distance ofS 62°57'05" E, 232.73 feet to an iron barmonument (new);thence, S 40°07'43" E, 84.01 feet to an iron bar monument (new);thence with a curve to the left, having a radius of 30.00 feet, an arc distance of 48.12feet, and a chord bearing of S 86°04'54" E, 43.13 feet to an iron bar monument (new);thence, S 42°02'05" E, 60.00 feet to an iron bar monument (new);thence with a curve to the right, having a radius of360.00 feet, an arc distance of 31.53feet, and a chord bearing of S 50°28'27" W, 31.52 feet to an iron bar monument (new);thence, S 52°58'59" W, 414.55 feet to an iron bar monument (new);thence with a curve to the left, having a radius of30.00 feet, an arc distance of 47.12 feet,and a chord bearing ofS 07°58'59" W, 42.43 feet to an iron bar monument (new);thence, S 3?O01 '01" E,463.98 feet to a concrete monument (old), in the westerly marginof William A. Batson Parkway;thence, S 52°58'59" W, 60.00 feet to a concrete monument (old), in the westerly marginof William A. Batson. Parkway;thence with a new line, as follows:N 37°01'01" W, 463.98 feet to an iron bar monument (new);thence with a curve to the left, having a radius of30.00 feet, an arc distance of 47.12 feet,and a chord bearing ofN 82°01 '01" W, 42.43 feet to an iron bar monument (new);thence, N 37°01 '01" W, 60.00 feet to an iron bar monument (new);thence, N 52°58'59" E, 438.05 feet to an iron bar monument (new);thence with a curve to the left, having a radius of30.00 feet, an arc distance of 48.75 feel,and a chord bearing ofN 06°25'38" E, 43.56 feet to an iron bar monument (new);thence, N 40°07'43" W, 78.53 feet to an iron bar monument (new);thence with a curve to the left, having a radius of 240.00 feet, an arc distance of 191.20feet, and a chord bearing of N 62°57'05" W, 186.18 feet to an iron bar monument (new);thence, N 85°46'27" W, 153.18 feet to an iron bar monument (new);thence, N 04°13 '37" E, 60.00 feet, to the point of beginning, containing 2.14 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, dlb/a, Steven E. Artz andAssociates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated April 30, 2007, revised September 29,2009.

The above tracts of land is served by drainage and utility easements, temporaryslope easements and a temporary cul-de-sac easement, which are described, as follows:

Drainage and Utility Easement #1

Beginning at .a point, said point, being located from a 12" oak tree, the southeastcomer of a tract of land which belongs to Joe H. Moore, having a deed reference in Deed

Land Surveyors-Tennessee and KentuckyPhone: £6151 382~0481 Fax: [6151 382-0262514 South Brown StreetSuite 600 . Springfield, Tennessee 37112

StevonE. Artz and Associates, Inc.Book293, Page 848, RORCT, in the westerly boundary of a tract ofland which belongsto Billy Batson, having a deed reference in Deed Book 338, Page 478, RORCT,N 78°48'14" W, 1392.02 feet;thence, S 11°26'26" W, 194.15 feet;thence, S 83°03'34" E, 211.09 feet;thence, S 08°27'37" W, 175.48 feet;thence, S 04°13'37"W, 23.68 feet,to the point of beginning, an interior comer of thiseasement, and continuing with a new line, as follows:S 04°13 '37" W, 36.32feet to an iron bar monument (new);thence, S 85°46'27" E, 14.21 feet;thence, S 13°42'24" W, 237.44 feet;thence, N 78°24'41" W, 45.88 feet;thence, S 11°35'19" W, 41.06 feet;thence, S 37°01 '02" E, 162.14 feet;thence, S 81°07'22" E, 61.13 feet;thence, N 52°58'59" E, 362.62 feet;thence with a curve to the left, having a radius of 10.00 feet, an arc distance of16.25 fcct,and a chord bearing and distance ofN 06°25'38" E, 14.52 feet;thence, N 49°52' 17" E, 20.00 feet to an iron bar monument (new);thence with a curve to the right, having a radius of30.00 feet, an arc distance of 48.75feet, and a chord bearing and distance ofS 06°25'38" W, 43.56 feet to an iron barmonument (new);thence, S 52°58'59" W, 438.05 feet to an iron bar monument (new);thence, N 37°01 '01" W, 20.00 feet;thence, N 52°58'59" E,47.57 feet;thence, N 81°07'22" W, 49.85 feet;thence, N 37°01 '02" W, 206.05 feet;thence, N 78°24'41" W, 445.59 feet;thence, N 65°03' 12" W, 173.78 feet to a point in Benton Creek, in the easterly boundaryof a tract of land which belongs to Northcrest Medical Center, having a deed reference inRecord Book 1253, Page 518, RORCT;thence with the center ofsaid creek and the easterly boundary of said tract of land whichbelongs to Northcrest Medical Center, as follows:N 09°30'39" E, 77.98 feet;thence, N 02°40'43' W, 97.01 feet to a point in the center of Benton Creek, in theeasterly boundary of said tract of land which belongs to Northcrest Medical Center;thence with a new line, as follows:S 88°05'14" E, 67.66 feet;thence, S 26°26'20" E, 111.00 feet;thence, S 38°51 '04" E, 131.32 feet;thence, S 78°24'41" E, 471.77 feet;thence, N 13°42'24" E, 251.65 feet, to the point of beginning, containing 1.65 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, d/b/a, Steven E. Artz and

Land surveyors-Tennessee and KentuckVPhono: 16151 382·0481 Fax: 16151382·0262514 South BroWn Street Suite 600 Springfield, Tennessee 37112

Steven E. Arll and Associates, Inc.Associates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated February 23,2009, revised August 11,2009.


Beginning at an iron bar monument (new), said iron bar monument being locatedfrom a 12" oak tree, the southeast comer ofa tract ofland which belongs to Joe H.Moore, having a deed reference in Deed Book 293, Page 848, RORCT, in the westerlyboundary of a tract of land which belongs to Billy Batson, having a deed reference inDeed Book 338, Page 478, RORCT,N 78°48'14" W, 771.74 feet;thence, S 11°Il '46" W, 419.82 feet;thence, S 40°07'43" E, 50.31 feet;thence, S 86°04'54" E, 43.13 feet;thence, 8 42°02'05" E,60.00 feet, to the point of beginning, the most northerlynortheast comer of this easement, and continuing with a new line, as follows:8 42°02'05" E, 20.00 feet;thence with a curve to the right, having a radius of380.00 feet, an arc distance of33.28feet, and a chord bearing and distance of S 50°28'27" W, 33.27 feet;thence, 8 52°58'59" W, 414.55 feet;thence with a curve to the left, having a radius of 10.00 feet, an arc distance of 15.71 feet,and a chord bearing and distance of 8 07°58'59"W, 14.14 feet;thence, S 3rOI '01" E, 458.88 feet;thence, S 65°37'42" E, 43.40 feet to a point in the westerly margin of William A. BatsonParkway;thence with the margin of William A. Batson Parkway, as follows;852°58'59" W, 22.78 feet to a concrete monument (old); .thence, N 65°37'51" W,37.59 feet to a concrete monument (old), a corner in the westerlymargin of William A Batson Parkway;thence with a new line, as follows:N 37°01 '01" W, 463.98 feet to an iron bar monument (new);thence with a curve to the right, having a radius of30.00 feet, an arc distance of 47.12feet, and a chord bearing and distance ofN 07°58'59" E, 42.43 feet 10 an iron barmonument (new);thence, N 52°58'59" E, 414.55 feet to an iron bar monument (new);thence with a curve to the left, having a radius of 360.00 feet, an arc distance of 31.53·feet, and a chord bearing and distance ofN 50°28'27" E, 31.52 feet, to the point ofbeginning, containing 0.45 acres, as surveyed by Steven E. Artz, Tennessee License No.1708, d/b/a, Steven E..Artz and Associates, Inc., 514 South Brown Street, Suite 600,Springfield, Tennessee, 37172, dated June 3, 2009.

Land Surveyors-Tennessee and KentuckyPhone: (615) 382-0481 Fax: (615) 382·0262514 South Brown Street Suite 600 Springfield, Tennessee 31112

Steven E. Artz and Associates, Inc.Drainage and Utility Easement #4

Beginning at a concrete monument (old), in the westerly margin of William A.Batson Parkway, said concrete monument being located from a 12" oak tree, thesoutheast corner of a tract ofland which belongs to Joe H. Moore, having a deedreference in Deed Book 293, Page 848, RORCT, in the westerly boundary of a tract ofland which belongs to Billy Batson, having a deed reference in Deed Book 338, Page478, RORCT,N 78°48' 14" W, 771.74 feet;thence, S 1l01l'46".W, 419.82 feet;thence, S 40°01'43" E,50.31 feet;thence, S 86°04'54" E,43.J3 feet;thence, S 42°02'05" E, 60.00 feet;thence, S 50°28 '27" W, 31.52 feet;thence, S 52°58'59" W, 414.55 feet;thence, S 07°58'59" W, 42.43 feet;thence, S 37°01 '01" E; 463.98 feet;thence, S 52°58'53" W, 60.00 feet;thence, S 08°24'18" E; 37.59 feet, to the point of beginning, the southeast corner of thiseasement, and continuing, as follows:S 52°58'59" W, 22.78 feet to a point in the westerly margin of William A. BatsonParkway;thence with a new line, as follows:N 08°24'21"W, 43.40 feet;thence, N 37°01 '01" W, 458.88 feet;thence with a curve to the left, having a radius of 10.00 feet, an arc distance of 15.71 feet,and a chord bearing and distance ofN 82°01 '01" W, 14.14 feet;thence, N 37°01 '01" W, 20.00 feet to an iron bar monument (new);thence with a curve to the right, having a radius of30.00 feet, an arc distance of 47.12feet, and a chord bearing and distance ofS 82°01'01" E, 42.43 feet to an iron barmonument (new);thence, S 37"01 '01" E,463.98 feet to a concrete monument (old), in the westerly marginofWilliam A Batson Parkway;thence, S 08°24' 18" E, 37.59 feet, to the point of beginning, containing 0.24 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, d/b/a, Steven E. Artz andAssociates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated June 3, 2009.

Temporary Slope Easement

Beginning at an iron bar monument (new), said iron bar monument being locatedfrom a 12" oak tree, the southeast comer ofa tract ofland which belongs to Joe H.Moore, having a deed reference in Deed Book 293, Page 848, RORCT, in the westerly

Land Survevors-Tennessee and KentuckvPhone: (615) 382-0481 . Fax; (615) 382-0262514 South Brown Street Suite 600 Springfield, Tennessee 37172

Steven E. Artz and Associates, Inc.boundary of a tract of land which belongs to Billy Batson, having a deed reference inDeed Book 338, Page 478, RORCT,N 78°48'14" W, 1392.02 feet;thence, S 11°26'26" W, 194.15 feet, to the point of beginning, the northwest corner ofthis easement, and continuing with a newline, as follows:

. S 83°03'34" E, 211.09 feet to an iron bar monument (new);thence, S 08°27'37" W, 27.65 feet;thence, N 75°34'24" W, 212.16 feet, to the point ofbeginning, containing 0.07 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, d/b/a, Steven E. Artz andAssociates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated August 11, 2009.

Temporary Cul-De-Sac and Slope Easement

Beginning at a point, said point being located from a 12" oak tree, the southeastcomer of a tract of land which belongs to Joe H. Moore, having a deed reference in DeedBook 293, Page 848, RORCT, in the westerly boundary ofa tract of land which belongsto Billy Batson, having a deed reference in Deed Book 338, Page 478, RORCT,N 78°48'14" W, 771.74 feet;thence, S 11°Il '46" W, 394.20 feet, to the point of beginning, tile northwest corner ofthis easement, and continuing with a new line, as follows:S 40°07'43" E, 70.29 feet;thence with a curve to the right, having a radius of 80.00 feet, an arc distance 01'385.98feet, and a chord bearing and distance ofS 33°50'35" E, 106.60 feet;thence with a curve to the left, having a radius of380.00 feet, an arc distance 01'25.33feet, and a chord bearing and distance ofN 49"52'31" E, 25.33 feet;thence, N 42°02'05" W, 80.00 feet to an iron bar monument (new);thence with a curve to the right, having a radius ono.oo feet, an arc distance of 48.12feet, and a chord bearing and distance ofN 86°04'54" W, 43.13 feet to an iron barmonument (new);thence, N 40°07'43" W, 50.31 feet to an iron bar monument (new);thence, NIl °Il '46" E, 25.62 feet, to the point ofbeginning, containing 0.43 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, d/b/a, Steven E. Artz andAssociates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated August 11, 2009.

The above described tracts ofland and easements may be found on Tax Map 102,part of Parcel 39, in the Tax Assessor's Office for Robertson County, Tennessee.

File;Steve/040452LCollege

Land Surveyors-Tennessee and KentuckyPhone: [6151382-0481 Fax: (615) 382-0262514 South Brown Street Suite 600 Springfield, Tennessee 37172

Steven E. Artz and Associates, Inc.Surveyor's Description

February 23, 2009(Revised February 24, 2009)

The following paragraph describes Utility easement in the 9th Civil District ofRobertson County, Tennessee, said easement being a portion of that property which wasconveyed. to NortlicrestMedical Center, by Algernon & Finsterwald, LLC, in a dccd ofrecord which is recorded in Record Book 1253, Page 518, Register's Office forRobertson County, Tennessee, (RORCT).


Beginning at a point in the center of Benton Creek, in the westerly boundary of atract ofland which belongs to Billy Batson, having a deed reference in Record Book 798,Page 741, RORCT, said point being located from a 12" oak tree, a common corner ofsaid tract ofland which belongs to Billy Batson, ami a tract ofland which belongs to JoeH. Moore, having a deed reference in Deed Book 293, Page 848, RORCT, in the westerlyboundary of a second tract of land which belongs to Billy Batson, having a deedreference in Deed Book 338, Page 478, RORCT,N 78°48' 14" W, 1171.08 feet;thence, S 11-n '46" W, 398.39 feet;thence, S 74°43'19" W, 1.08 feet;thence, S 13°42'24" W, 230.03 feet;thence, N 78°24'41" W, 471.77 feet;thence, N 38°51 '04" W, 131.32 feet;thence, N 26°26'20" W, 111.00 feet;thence, N 88°05' 14" W, 67.66 feet, to the point of beginning, the northeast corner ofthis tract, and continuing with a new line, as follows:S 02°40'43" E, 20.06 feet to a point in the center of Benton Creek, in the westerlyboundary of said first mentioned tract of land which belongs to Billy Batson;thence with a new line, as follows:N 88°05'14" W, 43.68 feet;thence, N 10°55'59" E, 10.12 feet;thence, N 07°06'31" W, 10.13 feet;thence, S 88°05'14" E, 42.07 feet, to the point ofbeginning, containing 0.02 acres, assurveyed by Steven E. Artz, Tennessee License No. 1708, dlbla, Steven E. Artz andAssociates, Inc., 514 South Brown Street, Suite 600, Springfield, Tennessee, 37172,dated April 30, 2007.

The above described easement maybe found on Tax Map 102, part of Parcel 34,in the Tax Assessor's Office for Robertson County, Tennessee,

File:Steve/040452LCollege

Land Survevors-Tennessee and KentuckyPhone: (615) 382-0481 Fax: (615) 382-0262514 South Brown Street Suite 600 Springfield, Tennessee 37112

INTERLOCAL AGREEMENT

This Interlocal Agreement made and entered into by the City of Springfield,


CITY" and Robertson County, Tennessee, a Tennessee county governmental entity,

referred to herein as "THE COUNTY". Tins Interlocal Agreement is entered into by the

parties pursuant to Tennessee Code Annotated § 12-9-104 and other statutory authority.

A copy will be filed with the Comptroller of the State of Tennessee as required by

Tennessee Code Annotated § 12-9-111.

WITNESSETH:

WHEREAS, the County and City will jointly acquire from a land donor certain

real property to be used for the construction and establishment of an accredited institution

of higher learning in the City of Springfield, Tennessee, and

WHEREAS,each of the parties to this Agreement recognize the further need for

public and private support for the project and believe that the establishment of such

institution will be ofbenefit to the community at large; and

WHEREAS,the parties intend to jointly design, build and manage a facility on

this donated property for the purpose of providing higher,education, and in consideration

of the joint undertakings and agreements by and among the parties hereto including,

without limitation,the agreements and undertakings of the parties of the attached

Agreement for Higher Education in Robertson County, which is marked as Exhibit "A"

hereto, the parties agree as follows:

1. The. City and the County will jointly accept by deed that property

proposed to be donated from Billy Batson and wife Jean Batson upon the terms and

conditions as set forth in the Property Donation Agreement attached as Exhibit "B".

2. The City agrees to pay one-half (1/2) of the cost of designing, financing,

and constructing the Building, and the County agrees to pay the other one-half (1/2) of

the cost of designing, financing, and constructing the Building, the obligation of each not

to exceed by the tennsofthis agreement Three Million Dollars ($3,000,000).

3. The City and the County agree that upon completion of the building, and

campus facilities, they will jointly lease the property to the Tennessee Board of Regents

and/or Volunteer State Community College, and/or Austin Peay State University, or other

successor higher education institution for use as an approved campus site for tile offering

of classes for credit toward a college degree and such other related activities as are

generally consistent with normal procedures for such campuses.

4. The parties acknowledge that under the terms of the current negotiated

.lease agreement, that Volunteer State will pay to the City-County the sum of $10,000 per

year as rent and that the initial lease term is for three (3) years, all as set forth in that

separate Lease Agreement attached as Exhibit "C".

5. The parties agree to form a joint board of seven (7) designated persons for

tile purposes and as set forth in the Master Agreement referenced above, and each will

designate its respective representative.

6. The parties understand that the building and campus facilities will require

maintenance, repair, housekeeping, and upkeep, the payment of all utility bills, insurance,

and other financial :obligations. 'The parties acknowledge the generous donation

agreement entered into by NorthCrest Medical Center for the payment of certain

expenses .as set forth in Exhibit "D" hereto. The parties further agree to be jointly

responsible for all operating cost not paid by the rent received, the NorthCrest

contribution or those funds that may be received from other public or private sources.

7. The term of this agreement shall continue for so long as the City and

County jointly own the property. In that respect, the parties specifically acknowledge

those obligations undertaken by each in the Property Donation Agreement and in all of

the related agreements to be entered into for this project.

8. This Agreement is binding on the parties according to its terms and its

successors. The Agreement and obligations herein are not assignable.

9. This written agreement contains the entire agreement of the parties relative

to these matters, with all prior verbal or written representations merged herein.

10. This Agreement may not-be modified, altered or amended in any manner

unless in writing and approved by the governing body ofeach such original party.

This agreement is effective on the [mal date of signature hereto, upon approval by

the parties.

By:

JI };)310 '11 DATE

1/ I~? !c.YjT5AfE

By:

Title:


:2/ .-t:/(~~

Title: ~(l~ ;t{cural ,,! i(r;&..b.... ,,{tV

NORTHCREST MEDICAL CENTER COLLEGE CONTRIBUTIONCOMMITMENT

This Commitment made and entered into by NORTHCREST MEDICAL

CENTER, a Tennessee not-for-profit hospital corporation, referred to herein as

"NORTHCREST". and Robertson County, Tennessee, a Tennessee county

governmental entity, referred to herein as "THE COUNTY", and the City of Springfield,


CITY";

WITNESSETH:

WHEREAS, the City and County have consulted with Volunteer State

Community College and Austin Peay State University regarding their presence in

Springfield and Robertson County to offer college education classes, and these parties

will enter into with other parties a Master Agreement to Provide Higher Education in

Robertson County, Tennessee; and

WHEREAS, the City and County have entered into a Land Donation Agreement

with property owners William and Jean Batson for the donation of certain property upon

which the City and County will construct the college campus facility; and

WHEREAS, the City and County will enter into an Interlocal Agreement

between themselves providing for their co-operative effort to fund, design and construct a

building on the donated land for lease to Volunteer State Community College and/or

Austin Peay State University, with such facility to be used initially by one or both of

these accredited institution(s) of higher learning for such purposes (the "College

Facility"); and

WEHREAS, the parties recognize that the City and County have agreed to

provide the capital and resources to construct the College Facility, but the City and

County are not at present budgeting to pay the initial operating expenses of the College

Facility, and are seeking pledges offinancial support and the support of the community at

large to fund such expenses; and

WHEREAS, Northcrest recognizes the lasting benefits to the community and its

health and wellbeing of having a college campus in Springfield and has offered its

leadership and support for this project from its inception;

WITNESSETH:

1. NorthCrest hereby commits to contribute up to two hundred fifty thousand

dollars ($250,000) to pay for operating expenses (as herein defined) of the College

Facility in each of NorthCrest's two successive fiscal years after the completion of the

College Facility and its occupancy by Volunteer State Community College and/or Austin

Peay State University. [NorthCrest's fiscal year begins on July 1 and ends on the

following June 30. So, for example, whenever NorthCrest's first fiscal year's

contribution commitment commences, whether in August or January or another month, it

will conclude on the next following June 30, and then NorthCrest's second fiscal year

contribution commitment will commence the following day (July 1) and end upon the

next following June 30.]

2. Operating expenses of the College Facility are defined to be the cost of:

(I) utilities for the facility; (2) any additional insurance cost to the City or County for the

building and/or campus specifically identified to this project over and above the City or

County's other insurance cost; (3) actual cost incurred for any campus security over and

above available law enforcement protection provided by the City and/or County; (4)

repair and maintenance to building, improvements and equipment; and (5) lawn and

grounds maintenance, including snow removal. No capital costs are to be included as

operating expenses.

3. This commitment by NorthCrest is conditioned upon the execution by all

required parties, with proper authority, of that Master Agreement to Provide Higher

Education referenced herein, together with execution of the Property Donation and

Interlocal Agreements referenced by said Master Agreement, together with the execution

of a lease between the Tennessee Board of Regents or other State body and the City-

County, providing for the lease of the College Facility by Volunteer State Community

College andlor Austin Peay State University for the provision of college education at

such College Facility.

4. This Commitment is binding on the parties according to its terms and

their successors, and this Commitment and its obligations herein are not assignable.

5. This written Commitment contains the entire agreement of the parties

relative to these matters, with all prior verbal or written representations merged herein.

6. This Commitment may not be modified, altered or amended in any manner

unless inwriting and approved by the governing body ofeach such original party.

ti/p-!Ol1rl:5KTE

By:

Title:

~Q\t~V\I).3 ,1Do~DATE ,


By: 2~/( rf~'---J

Title: CO~ ~~~t' /

1v6 (C I'll 1\(C ;:)3 J(5(j '/. DATE i

1

t97662.011600515-0ססo<05I!

By:

Title: MAYDA

.~.

LEASE AGREEMENT FORM(1BR institution is Lessee)Administrative use only:

Agency: _

Allotment Code: -:. _

No.

This Instrument Prepared By:

Tennessee Board of RegentsSuite 350

1415Murfreesboro RoadNashville, Tennessee 217217-2833

!,

This Lease, entered into as oftbis day of , •made by and between the City ofSpringfield, Tennessee, and Robertson County, Tennessee,

hereinafter called the Lessor, and Volunteer State Community College and Austin PeayState University hereinafter called the Lessees.

WITNESSETH:

1. LOCATION: The Lessor hereby leases unto the State those certain premises with theappurtenances' situated in the

Countyof "D obertson Sprmgfield

2. DESCRIl'TlON: The premises above are more particularly described as follows:

See Legal Description, attached as Exhibit 1. Being (partof) the same property furtherdescribed in last recorded instrument conveyed to the Lessor in

Deed , , recorded in the Register's County,Book Page Office, Tennessee

The Lessee shall occupy approximately 22,500 square feet of space within the premises. Inconnection with the leased premises, the Lessor shall be responsible for providingreasonable furnishings, equipment and supplies consistent with the level of a collegeteaching facility. The lessor and lessee shall work in good faith to determine the amount offurnishings, equipment and supplies needed on an annual basis.

3. TERM: The term oftbis leasesba1l commence on August 1, 2011 andshallend on July 31, 2014

with such rights of termination as are hereinafter expressly set forth. If the date ofoccupancy is other than the commencement date, then the rental period shall begin with thedate of occupancy, provided that the rental period shall begin no later than the latter of (a)the commencement date or (b) 30 days after the space is made available to the State inaccordance with the conditions of this lease. This provision shall not relieve the Lessor ofthe liability to. the State for damages in the event that the space is not made available to the

Based onJan-es Sid OG515·1 page 1 of 11Lessee Agreement Form

i .1 ._------

State in accordance with the conditions of this lease on the commencement date specifiedabove.

4. RENTAL:

a) State shallpayrenta1 in arrears onthe lastdayof the paymentperiodas follows:Annual rent ors 10,000.00 •payable in installments of S 2500 per quarter

Rent payable hereunderfor anyperiodof time less than one quartershall be determinedby prorating the quarterly rentalhereinspecified, based on the actual number of days inthe quarter,iRental shall be paidto Lessor at the address specified in Paragraph6, or tosuch otheraddress as the Lessormay designate by a noticein writing.

b) AUTOMATIC DEPosrrs: Lessor shallcomplete and execute an Authorization Agreement .for Automatic Deposits (ACHCredits) Form,usingthe formprovidedto Lessorby State.Once this executed form has been provided to State by Lessor, all payments to Lessorunder this or any other contract the Lessor has withthe StateofTennessee, shall be madethroughthe Stateof Tennessee'sAutomated Clearing House wire transfer system. Lessorshallnot invoiceState for services untilLessorhas executed this form and submitted it toState. The debit entries to correct errors authorized by the Authorization AgreementforAutomatic Deposits Form shall be limitedto those errors detected prior to the effectivedate of the credit entry. The remittance advice shall note that a correcting entry wasmade. All corrections shall be madewithintwo banking daysofthe effective date of theoriginal. transaction. All other errors detected at a later date shall take the for,m of arefund or, in someinstances, a creditmemo ifadditional payments are to be made.

5. ~AnoN: .~

a) FORCAUSE: The State may in its solediscretion terminate thiS Iease at anytime for anyof the following causes:

1) Failureof the Lessor to provide any of the services requiredunder the terms ofthislease;

2) Failure by the Lessor to make such modifications, alterations or improvements asmay be. necessary to ensure that the leased premises are brought up to, andmaintained at, codes for building construction, health, fire and life safety, andhandicapped acc:essibility, applicable to the leased premises, except wheredeficiencies are cansedby State;

3) Failureto disclose any conflict or potential conflictofinterest existing at the date ofthis leaseor hereaftercreated;

4) 'Iermination or consolidation of the State operations or programs housed in theleasedpremises becauseofloss of funding or otherwise;

5) Lack of fundingby the State,as determined by the State, for obligations requiredofthe State under this lease beyond the expiration of each fiscal year. In the event thatthe funds are not appropriated or are otherwise unavailable for the next fiscal year, theInstitution reserves the right to teIminate theAgreement upon written notice to the Lessorno later than thirty (30) dsys before the commencement of the next fiscal year. Saidtermination sball notbedeemed a bresch oftheLease by theState;

>

,

_ 0lIJan 'OS Sid 00515-2 _20111Loss..Asrecmeol Form

I . '''':

" ,

6) Misrepresentations contained in the response to the request for proposal orcommittedduringthe negotiation, execution, or term of this lease;

7) The availability of space in State-owned property, providedthat no cancellation forthis reason may take placeuntil the leasehas been in effectfor oneyear; and,

8) Any other breach of the terms of this lease by Lessor which is not adequatelyremediedwithin twenty (20) daysofthe maDing ofwrittennoticesthereof to Lessor.

6. NOTICES: All Notices hereinprovidedto be given, or which maybe given,by eitherpartyto the other, sball be deemed to havebeenfullygivenwhenmade in writingand depositedinthe United States mail, certified and postageprepaid, and addressed as follows:To the Lessorat: To the State at:

Robertson County: clo County Mayor, Room108, Robertson County Court Kouse,Springfield, TN 37172

City of Springfield: clo City Manager,Springfield City Hall, 405N. Main Street,Springfield, TN 37172.

Tennessee Boai'd ofRegentsOffiee of Facilities DevelopmentSuite 6641415 Murfreesboro Road 'Nashville, Tennessee 37217-2833

7. AssIGNMENT AND SUBLETTING: The State shall not assign this lease without,the writtenconsentofthe Lessor, but shsll in anyeventhavethe right to subletthe leasedpremises.

8. INSPECTION: The Lessor reserves the right to enter and inspect the leased premises, atreasonable times, and to renderservicesandmakeanynecessary repairs to the premises.

9. ALTERATIONS,: The State shall have the right during the existence of this lease to makealterations, attach fixtures and erect additions, structures or signs in or upon the leasedpremises. Such fixtures, additions, structures or signsso placed in or upon or attached to theleased premises under this lease or any prior lease of which this lease is an extension orrenewal shsll be and remain the propertyofthe State and may be removed therefromby theStateprior to the terminationor expiration ofthis lease or any renewal or extensionthereo~or withina reasonabletime thereafter.

10. SURRENDER OF POSSESSION: Upon termination or expiration of this lease, the State willpeaceably surtender to the Lessor the leased premises in as good order and condition aswhen received, reasonable use and wear thereof and damage by earthquake, fire, publiccalan1i.ty, the elements, acts of Ood, or circumstances over whichthe State bas no control orfor which Lessor is responsible pursuant to this lease, excepted. The State shsll have noduty to remove any improvements or :fixtures placed by it on the premises or to restore anyportion of the premises alteredby it, save and exceptin the event the State elects to remove

!IllScdOllJIUI'OS SId 00515-3 _3of 11Lessee AgxeemmFmm

,,

"

.. "'"

"

";.:..,' .

;. -

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any such improvement or :fixture and suchremoval causes damages or injury to the leasedpremises and then onlyto the extentof anysuch damage or injury.

11. QUIET POSSESSION: Lessor agrees that the State, keeping and performing convenantscontained herein on the part of the Stateto bekept and performed, shallat all times duringthe existence of this lease peaceably and quietly have, hold and enjoy the leased premises,without suit,trouble orhindrance fromtheLessor, or anypersonclaiming underLessor.

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12. REPAIRAND MAINTENANCE:

a) Duringthe lease term,Lessor shallmaintain the leased premises and appurtenances which,it provides in good repair and tenantable condition, including, but not limited to, themaintenance and repair of the elevator, if any, plumbing, heating, electrical, airconditioning and ventilating equipment and :fixtures to the end that all such facilities arekept in good operating condition except in caseofdamage arising solelyfrom a willful ornegligent act ofthe State's agent, invitee, or employee.. ,

b) Lessor's obligations shall also include, but are not limited to, periodic painting to thesatisfaction of the State, furnishing andreplacing electrical light bulbs, fluorescent tubes,ballasts and Starters, andair conditioning andventilating equipment filters. .

c)' In caseLessor, afternotice in writingfrom the Staterequiring the Lessor to complywiththe requirements of this paragraph in regard to a specified condition, shall fail, refuse orneglect to comply therewith, or in the event of an emergency constituting a hazard to thehealthor safet;y of the State's employees, property, or invitees, the Statemay'performsuchmaintenance or makesuchrepair at its own costand, in addition to any 'otherremedytheState may have, may deduct the amount thereof from the rent that may then be orthereafter becomeduehereunder.

13. .APPROPRIATIONS: All terms and conditions of this lease are made subject to the continuedappropriations by the appropriate Legislative Body.

. 14. DESTRUCTION:

a) If the leased premises are totally destroyed by :fire or other casualty, this lease shallterminate. If such casualty shall render ten (10) percent or less of the floor space of theleasedpremises unusable for the pUIpOSC intended, Lessor shalleffect restoration of thepremises as quickly as is reasonably possible, but in any eventwithin thirty (30) days.

b) In the event such casualty shall render more than ten (10) percent of such floor space .unusable but not constitute total destruction, Lessorshallforthwith give noticeto State ofthe specific number of days required to repair the same. If'Lessor under suchcircumstances shall not give such notice within fifteen (1S) calendar days after suchdestruction, or if such noticeshall specify that such repairswill requiremore than ninety(90) days to complete from date such notice is given, State, in either such event, at itsoption, maytenbinate this lease or, upon notice to Lessor, may elect to undertake therepairs itself, deducting the cost therecf from the rental due to become due under thisleaseand any otherleasebetweenLessor andState.

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0) In the event of any such destruction other than total, where the State has not terminatedthe lease as herein provided, or pursuant to the terms hereof has not elected to make therepairs itself; Lessor shall diligently prosecute the repair of the leased premises and, inany event, ifrepairs are not completed withinthe periodof thirty (30) daysfor destructionaggregating ten (10) percent or less of the floor space, or withinthe period specified inLessor's notice in connection with partial destruction aggregating more than ten (l0)percent, the State shall have the option to terminate this lease or complete the repairsits~ deducting the cost thereof fromthe rentaldue or to become due under this lease andany other leasebetween Lessor and State. '

d) In the event the State remains in possession of the premises though partially destroyed,the rental as herein provided shall be reducedby the sameratio as the net square feettheState is thus precluded from occupying bears to the total net square feet in the leasedpremises. "Net square feet" shall mean actual inside dimensions and shall not includepublic corridors, stsirwells,elevators, andrestrooms,

15••SERVICES AND UTILITIES:

a) The Lessor shallfurnishto the State,duringthe entire lease term, at Lessor's sole cost, thefollowing services, utilities and supplies: (Enter "X" in each applicable box);;"l1) All utilities(includingtelephone) x 5) Hot and Cold WaterEquipment

x I 2) Janitor Services & Supplies x 6) Restroom Supplies

x I 3) DriDking Fountain x 7) HeatEquipment

x I 4) ElevatorService x 8)Air Condi1ioning Equipment

b) The jauitorlal service, if provided above, shall be provided in accordance with the followingschedule:

1) Daily:Dust aIlfumiture, counters, cabinets andwindow sills; sweep all floors, empty allwastebaskets and ashtrays; dispose ofallrubbIsh; clean and maintain in sanitary conditionall restrooms andplumbing fixtmes; sweep sidewalks, stairways andhalls; remove snowfrom entranceways andparking areasif present;clean theparkingarea; and replacelightbulbs, tubes, ballasts and starters ifnece8SSIy.

2) Weekly:Mopall·floors and dustallvenetian blinds. Carpets shall bevacuumed.

3) Every Other Month:Strip andwaxallfloors.

4) Semi-Anuually:Wash all windows, venetian blinds, lightfixtures, wallsandpainted surfaces.

c) In the event of the failure by the Lessor to furnish any such services, utilities or suppliesin a satisfactorymanner, the State may furnish the same at its own cost, and, in additionto any other remedythe State may have,may deduct the amount thereof from the rent orany other paymentsthat may then be or thereafterbecomedue hereunder.

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I,16. SERVICES CREDIT: Lessor agrees that the rental provided under the terms of Paragraph 4

hereof is based in part upon the costsof the services, utilities, and suppliesto be furnishedby Lessor pursuant to Paragraph 15 hereof and that should the State vacate the premisesprior to the end of the term of this lease, or, if after notice in writing from the State, all oranypart of such services, utilities or supplies for any reason are not used by the State, then,in such event, the monthly rental rate as to each monthor portion thereof as to which suchservices, utilitiesor supplies are not usedbythe Stateshallbe reducedby an amount equal tothe average monthlycosts of such unused services, utilities or suppliesduringthe six-monthperiod immediately preceding the firstmonthin whichsuchservices, utilities or suppliesarenot used

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17. TIME 011 THEESSENCE: Timeis of the essence of this lease, andthe terms and provisionsof. this lease shall extendto and be binding uponand inureto the benefit of the heirs, executors,

administrators, successors and assigns to the respective parties hereto.

18. HOLDING OVER: •In the event the State remains in possession of the premises after theexpiration of the lease term, or any extension thereof, this lease shall be automaticallyextended on a month to monthbasis, subject to thirty (30) days termination by either party,and otherwise on the terms and conditions hereinspecified, so far as applicable.

19. FINANCIAL INTEREST: The Lessor will provideor has providedto the State a list of namesand addresses ofpersons,associations, or corpomtions who hold any financial interestin the

. aboveleasedproperty; such list shallbe immediately revised in the eventofa transfer ofanysuchinterest.

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20. CODES: The Lessor shall maintsin the leasedpremises in accordance with all fire, building. and life safetycodes and the Americans withDisabilities Act

21. SPACE AUDIT: .The Lessor certifies that the amountof space, as described in Paragraph 2above, is accurate to the best of its knowledge. The State reserves the right to perform

. physical measurements of the spaceand adjustthe rental amountbased upon the amount of.'space as measured. If the measured amount is less than the amount of space indicated inParagraph 2 above, the adjustment in rent shall be a percentage reduction equal to thepercentage difference betweenthe space as reported bythe Lessor and that actuallymeasuredby the State. In all cases, the State shall use the currentBuilding Owner's and Manager'sAssociation (BOMA) standards of measurements for either singleor multi-tenant occupancy,whichever is applicable.

22. PEsT CONTROL: The Lessorshallmaintain the premises in a conditionthat is free of pests,rodents,and othervermin.

23. The Lessor fully understands that this lease is not binding except and until all appropriateState officials' signatures have been fully obtained, approval of this agreement has beengiven by the State Building Commission, if applicable, and the fully executed documentreturnedto the Lessor. .;;.

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24. Payment of Taxes: Lessor, by virtue of leasing property to the State, does not become aState agency, entity,or employee, andis notentitled to anyrights. priveleges, or immunitiespertaining to the State or its agencies and instrumentalities. Lessor shall pay all applicabletaxes by virtue ofownership of the property subject to this leaseandis not authorized to passthrough the amount of suchtaxes to the State.

25. Priorto the execution of this lease, the special provisions which are described below and/orattached heretoandincorporated by reference were agreed upon.

26. Liability .of Lessor: The City of Springfield and Roberstson CountY shall be jointly andseverally liable for any and all of the Lessor's obligations, responsibilities and liabilitiescontained herein. Lessee shall have the right to recover and/or seek specific performance 'from either or bothofthe individual parties named as Lessor underthis Agreement as to anyprovision contained herein.

27. It is the desire ofbothVolunteer StateCommunity College andAustinPeayStateUniversityto enter this Agreement. BothVolunteer State and Austin Peaywill be individually liable

, for their respective obligmons under the Agreement, including their'one-halfshare of theannual renta1 payment. Volunteer State Community College and Austin Peay StateUniversity shall execute suchdocuments as theydeem appropriate to address issues such asclassroom use andschedules.

28. Use of Space Beyond Leased Space: Thenon-leased spacelocated on tb,e premisesshall beused in a manner that is not inconsistent with the education mission of the respectiveinstitutions and shall be leasedor otherwise occupied subject to the mutual agreement of theLessor and Lessee. ,

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IN WITNESS WHEREOF, this lease has beenexecutedby thepartieshereto:

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LESSOR

'BY: 2/., -t'p:r6'~Name: ..JJ."yrp..-pJ &GaJf~, _ /1it1e: C01.tAh M'1(f(

STATEOF~SEE )COUNTY OF 't<df>e.m- )

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Before me, the undersigned authority, a NotaryPublic in and for the State and County aforesaid,personally appeared HOWARD BRADLEY, CountyMayorof Robertson Co., Tennessee, known tobe1hesameperson whosenameis subscribed to 1he foregoinglnstrmnant and acknowJildged 10 me 1hM he executed 1hesameon the datehereofas .bls free and voluntary actfor1he purposes and CODSideration 1herein expressed andwi1h full au1hority and as1he actofRobertson eounty.

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Witness my hand and officialseal at ofliee1hls1he~dayof A~. 2009.

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STATEOF~L )COUNTY OF ~ ....... )

Before me, the undersigned authority, a NotalyPublic in and for the Slate and County aforesaid,personally appeared BILLY P. CARNEAL, Mayor of

. Springfield, Tennessee, known to be the same personwhose name Is subscnlled to the foregoing instrumentand acknOWledged to me that he c:xecuted the same onthe date hereof as his free and voluntary act for thepurposes and consider!ttion therein~ and withfull authority and as the actof theCityofSpringfield.

. . ~Wilnass~.o.fficia1 seal at officethisthe£dayof . _.2009.

ato CL~NOTARY PUBLIC

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LESSEE

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STATBOF~EE )COUNTY OF &.As ___ )

Before me, the undersigned authority, a NotaryPublic in and for the Slate and County aforesaid,personally appeared WARREN NICHOLS, President,Volunteer Slate Community College, known to be thesame person whose name is aubscn'bed to the foregoingInstrumant andacJmowledged to me thathe executed theS8IIle on the dale hereofas his free andvoluntary act forthe purposes and consideration therein expressed andwith full authority and as the act of Volunteer S1aleCommunity College•

... -.dWltnf:.ss my hand and officla1 seal at office thisthe~ dsy of A !dure.br .2009., .

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/Before me, the undersigned lIllthorlty, a Notmy

. Public in and for the State and County oforesaid,peDonally appeared TIMOTHY HALL, President,Austin Peay State University, known to be the samepersen whose DlllIlC is subscribed to the foregoingInstrument and acknowledged to me thathe executed thesameon the datehereof as his free and vo1unlaty act forthe purposes and conSideration therein expressed andwith full authority and as the act of Austin PeayUniversity.

Witness~ hand anI! oflicial sealat office thisthe If> dayof ?WJi/J?lJet$:: 2009.

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EXHIBIT!

Tract!

Beginningat an iron barmonument (new), in thesoutherly boundary ofa tract oflandwhichbelongs to JoeH. Moore, having a deedreference in DeedBook293,Page848, RORCT, said ironbar monument being located from a 12"oak tree, the southeastcomerof saidtractofland whichbelongs to JoeH. Moore, in thewesterlyboundary of atractofland whichbelongs to BillyBatson, having a deed reference in DeedBook 338,Page478,RORCT, N 78°48'14" W,771.74 feet, to the point of beginning, the northeastcomerofthis tract, andcontinuing withanew line, as follows: S 11°11'46" W,419.82feet to an ironbarmonument (new); thence, N 40°07'43"W,33.70 feet to an iron barmonument (new); thence with a curve to theleft, having a radius of300.00 feet, an arcdistance erzssno feet, and a chord bearing anddistance ofN 62°57'05" W, 232.73 feetto an iron barmonument (new);thence, N 85°46'27" W, 153.18 feet to an iron barmonument (new); thence,N 08°27'37" E, 175.48 feetto an ironbar monument (new);thence, N 83°03'34"W,211.09 feet to an ironbar monument (new); thence,N 11°26'26"E, 194.15 feetto an iron bar monument (new), in the southerly boundary ofsaidtract oflandwhichbelongs to Joe H. Moore; thence, S 78°48'14"E, 620.28 feet,tothe point ofbeginning, containing 4.20 acres, as surveyed by Steven E. ArIz, Tennessee LicenseNo.1708,d/b/a, StevenE. Artz andAssociates, Inc.,514SouthBrownStreet,Suite 600,Springfield, Tennessee, 37172,dated April30,2007,revisedSeptember 29, 2009.

Traet2

Beginningat an iron barmonument (new), saidironbarmonument being locatedfroma 12"oak tree,the southeast comer ofsaidtractof landwhichbelongsto Joe H.MOore, in the westerly boundary of a tract ofland whichbelongs to BillyBatson,havinga deedreference in DeedBook338,Page478,RORCT, N 78°48'14" W, 1392.02 feet;thence, S 11°26'26"W, 194.15 feet; thence, S 83°03'34" E, 211.09feet; thence, S08°27'37"W, 175.48 feet, to the point ofbeginning,thenorthwest comer oftbis tract,andcontinuing withanew line, as follows: S 85°46'27"E, 153.18 feetto an iron barmonument (new); thencewith a curve to the right, havingaradius of300.00 feet, an arcdistance of239.00 feet, and a chord bearing anddistance of S 62°57'05" E, 232.73 feettoan ironbar monument (new); thence, S 40°07'43" E, 84.01 feetto an ironbar monument(new); thencewitha curveto the left,having a radiusof30.00 feet, an arc distanceof48.12feet, and a chordbearingofS 86°04'54" E, 43.13 feetto an iron barmonument(new); thence,S 42°02'05" E, 60.00 feettoan ironbar monument (new);thence withacurveto the right,havinga radiusof360.00 feet, an arcdistance of31.53 feet, and achordbearingof S 50"28'27" W, 31.52 feetto an ironbarmonument (new);thence,S52°58'59"W, 414.55 feet to an ironbarmonument (new); thencewith a curveto the left,havinga radius of30.00 feet, an arcdistance of47.12 feet, and a chordbearing ofS07°58'59"W, 42.43 feet to an ironbarmonument (new); thence, S 37°01 '01" E, 463.98feet to a concrete monument (old), in thewesterly marginofWilliamA. BatsonParkway;thence, S 52°58'59"W, 60.00feetto a concrete monument (old),in the westerlymarginof WilliamA. BatsonParkway; thence withanew line, as follows: N 37°01'01" W,463.98 feetto an ironbar monument (new); thence witha curveto the left, havinga

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Beginningat a point,saidpoint,being located froma 12" oak tree,the southeestcomerof a tract of landwhichbelongs to Joea. Moore, havinga deedreference in DeedBook293,Page848,RORCT, in the westerly boundary of a tract ofland whichbelongsto BillyBatson; havinga deedreference in Deed Book338,Page478,RORCT, N78°48'14"W, 1392.02 feet; thence, S 11°26'26" W, 194.15 feet; thence, S 83°03'34" E,211.09feet: thence, S 08°27'37" W, 175;48 feet; thence, S 04°13'37"W, 23.68feet, tothe point of beginning,an interiorcorner ofthiseasement, andcontinuing with a newline,as follows: S 04°13'37"W, 36.32feetto anironbarmonument (new); thence,S85°46'27"E, 14.21 feet; thence, S 13°42'24" W, 237.44 feet; thence,N 78°24'41" W,45.88 feet; thence,S 11°35'19"W, 41.06 feet; thence, S 37°01'02" E, 162.14 feet;thence, S 81°07'22"E, 61.13 feet; thence, N 52°58'59"E, 362.62feet; thencewith acurveto the left,havinga radiusof10.00 feet, anarcdistance of 16.25 feet, and a chordbearing anddistance ofN 06°25'38"E, 14.52 feet; thence, N 49°52'17" E, 20.00feet toan ironbar monument (new); thencewitha curve to theright,havinga radiusof30.00feet,an arcdistance of48.75 feet,anda chordbearing and distanceofS 06°25 t38" W,43.56feetto an iron barmonument (new); thence, S 52°58'59"W, 438.05 feet to an ironbar monument (new); thence, N 37°01'01"W,20.00 feet; thence,N 52°58'59"E, 4757feet; thence, N 81 °07'22" W, 49.85 feet; thence, N 37°01'02"W, 206.05feet; thence, N78°24'41"W, 445.59 feet; thence, N 65°03'12" W, 173.78 feet to a pointin BentonCreek, in the easterly boundary of a tract of'Iand which belongstoNorthcrest MedicalCenter, havinga deedreference in Record Book1253, Page518,RORCT; thencewiththe center of saidcreekandthe easterly boundary of saidtract ofland whichbelongs toNorthcrestMedical Center, as follows: N 09°30'39" E, 77.98feet; thence, N 02°40'43'W, 97.01 feetto a pointin the center ofBenton Creek, in the easterlybounda1'y of saidtractofland whichbelongs to Northcrest Medical Center; thencewith a new line, asfollows: S 83°05'14"E, 67.66feet; thence, S 26OZ6'20" Eo 111.00 feet; thence,S

Theabovetractsofland is served bydrainage andutilityeasements, temporaryslopeeasements and a temporary cul-de-sac easement, whichare described, as follows:

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38°51 '04" E, 131.32feet; thence, S 78°24'41"E, 471.77feet; thence,N 13°42'24" E,251.65 feet, to the pointofbeginning, containing 1,65 acres, as surveyed by StevenE.Artz, Tennessee License No. 1708,d/b/a, Steven E. Artz amiAssociates, Inc., 514 SouthBrown Street, Suite600,Springfield, Tennessee, 37172,dated February 23, 2009, revisedAugust 11, 2009.

Drainage and UtilityEasement #3

Beginning at an ironbar monument (new), said ironbar monumentbeing locatedfroma 12" oak tree, the southeast comerofa tractofland whichbelongsto Joe H.Moore, having a deedreference in DeedBook293,Page 848,RORCT, in the westerlyboundary of a tractof1ami whichbelongs to BillyBatson,havinga deed reference inDeedBook 338, Page478,RORCT, N 78°48'14"W, 771.74 feet; thence, S 11°11'46"W,419.82feet; thence, S 40007'43" E, 50.31 feet; thence,S 86004'54" E, 43.13 feet;thence, S 42°02'05" E, 60.00feet, to the point of beginning, the most northerly

. northeast comer ofthis easement, and continuing with a new line, as follows: S42°02'05"E, 20.00 feet; thencewith a curveto the right, havinga radius of380.oo feet,an arcdistanceof33.28 feet, and a chordbearingand distance ofS 50028'27"W, 33.27feet; thence,S 52°58'59" W,414.55feet; thence with a curveto the left, havinga radiusoftO.OO feet, an arc distance of15.71 feet,amia chordbearingamidistanceofS07°58'59" W, 14.l4 feet; thence, S 37°01 '01" E, 458.88feet; thence,S 65°37'42" E,43.40 feet to a point in the westerly marginofWilliam A. BatsonParkway;thencewiththemargin ofWilliam A. BatsonParkway, as follows; S 52°58'59"W, 22.78 feet to aconcrete monument (old); thence,N 65°37'51"W, 37.59feet to a concretemonument(old), a comer in the westerly marginofWillie.m A BatsonParkway; thence with a newline, as follows: N37°01'01" W, 463.98 feetto an iron bar monument (new); thence witha curveto the right, havinga radiusof30.00 feet, an arc distance of47.12 feet, and achordbearingand distance ofN 07°58'59"E, 42.43feet toan iron bar monument (new);thence, N 52°58'59" E,414.55feetto an ironbar monument (new); thence with a curveto the left, havinga radiusof360.00 feet, an arc distance of31.53 feet, and a chordbearing and distanceofN 50°28'27" E, 31.52 feet, to the pointofbeginning, containing0.45acres, as surveyed by StevenE. Artz, Tennessee LicenseNo. 1708,d/b/a, StevenE.ArtzandAssociates,Inc., 514 SouthBrown Street, Suite600,Springfield, Tennessee,37172, datedJune 3, 2009.

Drainage and UtilityEasement #4

Begi.nningat a concrete monument (old), in the westerlymarginofWilliam A.BatsonParkw!1Y, saidconcretemonument beinglocatedfrom a 12" oak tree, thesoutheast comer,of a tract ofland whichbelongs to Joe H. Moore, having a deedreference in Deed Book293,Page 848,RORCT, in the westerly boundaryofa tractoflandwhichbeloD.gs to Billy Batson,havinga deed referencein Deed Book 338, Page478,RORCT,N78°48'14"W, 771.74feet; thence, S 11°11'46"W,419.82 feet;

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thence, S 40°01'43"E, 50.31feet; thence, S 86°04'54"E; 43.13 feet; thence, S42°02'05"E, 60.00feet; thence,S 50°28'27" W, 31.52feet; thence, S 52°58'59" W,414.55 feet; thence,S 07°58'59"W,42.43 feet;thence, S 37°01'01" E, 463.98feet;thence, S 52°58'53" W, 60.00feet; thence, S 08°24'18"E, 37.59feet, to the point ofbeginning,the southeast comerofthis easement, andcontinuing, as follows:S 52°58'59" W;22.78 feet to a pointin thewesterly margin ofWilliamA. BatsonParkway; thencewith a new line,as follows: N 08°24'21"W, 43.40 feet; thence,N37°01'01" W. 458.88 feet; thencewitha curve to the left,havinga radius of 10.00feet,an arcdistanceof 15.71 feet, and a chord bearing anddistance ofN 82°01'01" W, 14.14feet; thence,N 37·01'01" W, 20.00 feetto an ironbarmonument (new);thence with acurve to the right,havinga radiusof 30.00 feet,an arcdistance of47.l2 feet, and a chordbearing and distance ofS 82°01'01"E, 42.43 feetto aniron bar monument(new);thence, S 37·01'01" E, 463.98feet to a concrete monument (old),in the westerlymarginofWilliamA BatsonPadcway; thence, S 08·24'18" E, 37.59 feet, to the point of

. beginning, containing 0.24 acres, as surveyed by Steven E. ArIz, TennesseeLicenseNo.1708, d/b/a, StevenE. Artz and Associates, .Ino., 514 SouthBrown Street, Suite600,Springfield, Tennessee, 37172,dated June3, 2009.

Temporary SlopeEasement

Beginning at an iron barmonument (new), saidiron barmonumentbeing locatedfroma 12" oaktree, the southeast comerofa tract of land whichbelongs to Joe H.Moore, having a deedreferencein DeedBook293,Page848,ROReT, in the westerlyboundary of a tract ofland whichbelongs to BillyBatson, havinga deedreferenceinDeedBook 338,Page478, RORCT., N 78·48'14" W, 1392.02 feet; thence, S 11°26'26"W, 194.15 feet, to the point of beginning, the northwest comerofthis easement, andcontinuing with a newline, as follows: S 83°03'34" E, 211.09 feet to an. iron barmonument (new); thence, S 08°27"37" W,27.65 feet; thence, N 75°34'24" W,212.16feet, to thepoint of beginning, containing 0.01acres, as surveyed by StevenE. ArIz, ,Tennessee License No. 1708,d/b/a, Steven E. Artz and Associates, Inc., 514 SouthBrownStreet,Suite600,Springfield, Tennessee, 37172, datedAugust 11,2009.

Temporary Cul-De-Sac and SlopeEasement

Beginnlng at a point, saidpointbeinglocatedfroma 12"oak tree, the southeastcomerofa tract of landwhichbelongs to JoeH. Moore, havinga deed referencein DeedBook293, Page848,RORer, in thewesterly boundary ofa tract ofland which belongsto BillyBatson,having a deedreference in DeedBook338,Page478, RORCT, N78°48'14" W, 771.74 feet; thence, S 11°11'46" W, 394.20 feet, to the point ofbeginning, the northwest comerof thiseasement, andcontinuing with a new line, asfollows: S 40°07'43"E, 70.29 feet; thence witha curve to the right, havinga radius of80.00 feet, an. arc distance of385.98 feet, and a chordbearing and distanceofS33°50'35"E, 106.60 feet; thencewitha curve to the left,havingaraclius of380.00 feet,an. arc distanceof25.33 feet, anda chord bearinganddistance ofN 49°52'31" E, 25.33feet;thence,N 42°02'05" W, 80.00feetto an. ironbarmonument (new);thence with a

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curveto the right, havinga radius of30.00 feet, anarcdistance of 48.12feet, and a chordbearing anddistance ofN 86°04'54" W, 43.13 feetto an ironbar monmnent (new);tb.ence,N 40°07'43" W, 5031 feetto an ironbarmonmnent (new);thence, N 11°11'46"E, 25.62feet, tothe point of beginning, containing 0.43 acres, as surveyed by Steven E.Artz, Tennessee License No. 1708, d/b/a,Steven E.Artz andAssociates, Inc.,514 SouthBrownStreet, Suite 600,Springfield, Tennessee, 37172, datedAugust11,2009.

Theabove described tracts of land and easements maybe found onTax Map 102,. :part ofParcel 39, in the TaxAssessor's Office forRobertson County, Tennessee.:

Thefollowing paragraph describes Utility easement inthe 9th Civil Districtof "Robertson County, Tennessee, saideasement being aportionofthatpropertywhichwasconveyed to Northcrest Medical Center, by Algemon & FlIisterwald, LLC, in a deedofrecordwhichis recorded in Record Book 1253, Page518, Reglster's Office forRobertson County, Tennessee, (RORCT).

Drainage and UtilityEasement#2.

Beginningat a pointin the center ofBenton Creek, in the westerly boundary ofatract ofland whichbelongs to BillyBatson, having a deedreference'in RecordBook798,

. Page741,RORCT, saidpointbeinglocated :from a 12"oaktree, l!- common comerof.saidtractof landwhichbelongs to BillyBatson, anda tractoflandwhichbelongs to JoeH. Moore, having a deedreference in DeedBook 293, Page848,RORCT, in the westerlyboundary of a secondtract of landwhichbelongs to BillyBatson,'having a deedreference in DeeP Book338,Page478,RORCT, N 78°48'14"W, 1392.02 feet;thence, S 11"26'26"W, 194.15 feet; thence, S 83°03'34" E, 211.09feet; thence, S08"27'37"W, 175.48 feet; thence, S 04°13'37"W,23.68 feet; thence,S 13°42'24"W,251.65 feet; thence, N 78°24'41"W,471.77 feet; thence, N 38°51'04" W, 131.32 feet;thence, N26°26'20" W, 111.00 feet; thence, N 88°05'14" W, 67.66feet, to the point ofbeginning,the northeast comerof thistract,andcontinuing with a new linl!,.as follows:S 02°40'43"E, 20.06feet to a pointin the center ofBenton Creek, in the'westerlyboundary ofsaidfirstmentioned'tract ofland which belongs to BillyBatson;thencewitha newline, as follows: N 88°05'14"W,43.68 feet; thence,N 10°55'59"E,10.12 feet;thence, N 07°06'31"W, 10.13 feet; thence, S 88°05'14" E, 42.07feet,to thepoint of beginning,· containing 0.02acres, as surveyed by StevenE-.Artz,TennesseeLicenseNo. 1708, d/b/a, Steven E. Artz.and Associates, Inc., 514 SouthBrownStreet,Suite600, Springfield, Tennessee, 37172, dated Apri130, 2007. . :.:t:!A!:

• d l.:)- ....Theabove described easement maybe found on TaxMap 102,part ofP~r&f34,

in the TaxAssessor'sOfficeforRobertson County, Tennessee.File:Steve/040452LCollege

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GarnerDorris

l OthRequested a Motion at: 7_17_29 PM8th Seconded the Motion at: 7_17_29 PM

Resolution 081511073 RESOLUTION TO APPROVE HIGHLAND CRESTCOLLEGE CAMPUS ADVISORY BOARD BYLAWS


Chair Bradley does not voteAdcock 5th voted: YBaggett 9th wasBowens 12th voted: YBrown 4th voted: YBryant 7th voted: YCouts l st voted: YDiOrio 3rd voted: YDorris 8th voted: YDugger 5th voted: YEden 2nd voted: YFarmer 12th voted: YGarner 10th voted: YB. Gray 9th voted: YK. Gray 11th voted: Y

. Gregory 3rd voted: YHaley 11th voted: YJackson 1st voted: YJones 10th voted: YMacAfee 6th voted: YRay 2nd voted: YSpears 4th wasStubblefield 8th voted: YVogle 7th voted: YWilson 6th voted: Y


Absent

Absent