v [eeo !64 E. COMMERC! 6T., fAN ANTONIO 6. T8X48 J. D, RAM6lY [W [NINT[N C[NT Subject: Kerrville - Lease of property for stock pens - Kerr County - Lease No, 71344. San Antonio, Texas April 18, 1966 Honorable Julius R. Neunhoffer County Judge, Kerr County Kerrville, Texas 78028 Dear Sir: Referring to your letter of April 12, 1966 re- garding use of property covered by our Lease No, 71344 at Kerrville, Texas. We have no objection to the County Commissioner using a portion of this property, which is not being used for stock pens, as a storage lot for his road maintenance equipment. It will not be necessary to supplement this lease for the proposed usage. Very truly yours, ,_-, .<~,__, April 12, 1966 Southern Pacific Railroad Company San Antonio 5, Texas Re: Industrial Lease No. 71 344 Your File C-3835 -Kerrville Gentlemen: The above referred to industrial lease was entered into by the Southern Pacific Company as Lessor and Kerr County as Lessee on November 13, 1961. The purpose clause of the lease as drawn restricts Kerr County's use to the follo~ting purpose: "Site for Purchased Stock Pena" In view of the fact that approximately one-half of the area described in the lease is vacant and not occupied by any of the stock pens or other appurtenances belonging to Kerr County, the County Commia- aioner of Precinct One desires to use a portion of the leased area as a storage lot for hie road maintenance equipment. The contemplated use would involve the parking of vehicles and equipment, stockpiling of materials, and location of a portable tool shed and possible instal- lation of underground fuel tanks, By means of this letter, I wish to request information as to whether the purpose clause of the existing lease could be modified to include use as a storage lot for Commissioner, Precinct One of Kerr County. Thank you for your consideration of this request. Very truly yours, Julius R. Neunhoffer County Judge JSN/am 51599 ~~/ / (/ C~iG/iriZ~Q%r~ l/ el ILY~tYl1' 2JlQi~B/.UdlQ42l//~97.Pd~ .~~iroe,. ~Yia/efuo .) . ~c3~tn1 A0.i1AR6Y~ R. O. LECLERC w..MU S(.W .n°w.w +owacN.r+^Y°.^w~ W T SAft RAN ft. J. ANIOL W H. HOFMEIER KGI9ZPYi DI6TRICT FREIG XT FND PFE6ENG EP NGENT CITY Fq EIGNT pND Pg56ENGEP RG ENT6 R. H. LOTTING HAM TgPVELI NG FPEIGHT 9ND PF66ENG £P PGENT January 3, 19c2 c'i1e: C-3U35-N.errville Judll~ Julius :. deunho'~'er County Judge, Kerr :.ounty COUntV li Ol.lrt HQUSe iierrville, Texas Dear Jud~,e i4eunhoFFer: N1.YIC1' $ttLiC:ie~. CO:::C:l°tr'~~ COUilt?r~0art Oi i~?aS~? 71.31~.1i, coverin~T t,i~e prolerty ~ccu~i~c~ by t~:e olc: stockpens, .,~hich were rurc! «s~d by i:err Crnznty. i'his is i~>.n - ,ass~d tl, you For v:nar racol^ds. ';~ urA Faa:3 tLst t~r~ could ~~rorl~c with TFou on t}.is matter. G'`ary truly y^urs, ~t, J. .+nial ~ a E , _ J ~.. ,A ! ,, ~ ' , ' ~ ~ ~ a_ , ~-- J ~ - i 1 ~ ~ ' `" I 7A } ' ~ ''_ ~ ~ 2 a ----- - -__ l i~CopT "j.. _ ! _ - mod ~ i ~ u ~_ Y . __. GO. ~° _ ... ~ T n ~- ~ /p ooia - 217_ J~.[+~ - ~ /, ~ l o . K. ~ - i4 r _„ ~` ~ ~. ~ ,~, ~ - _ ~ ~ `~ t o. 2 LNC [~,8 ~~ ~- No -1-- - - l - ~ ~ ~ ,- is ~ i'i d' < ~ ~ V ;, ~ ~.. ~ c t. ' , C ~ - c ~', l ---~- - - - - - - .,. ' ~ ~ ,Jo 22 gg ~~ ~ ;, ~, -~ j: ~ p fc.~ ~1 10. •1 1 *~ .L, ~ ~'~ "~'~ `, ~ ~ ~ ~ ~ i S ~ ~" ~~ X ~__ . _ ,_.._~ ~. j : ~, 4 . . F } ~ , ' x ~h ' ~ ~ I a ~ ~ .r i ~ . I• .. ~ ~` "~` i .w~irs ~ y s F _+ Pry. ~ ~~~.. $ : ;~~ r SQIP:'i~R^; FACrg~rr CGRfP.ANY ~("excsa goad -..ouislsnxLYna) A ~ . as ...''^.~W~;.:9 :-~7C8t 1.;; It 6~ pY0}1t; i°L}` ~~: i1:3 ~--1 LO ~ ~~ :, ~~ `'~ni= Ei~-~ r t 'XS. ~ u A nnrnved xs [n form: ~ - '~L'JCp p, t)., s `~ cenerx] eo„aFei axx 12, 1964 INllIJSTRIAL I,EASF. "_`- '°. °-^^~~»~~»~c~ad,o, 4eneral Attorneys Sxn. 12, 1964 8Otfl'~RA PACEFIC Cnl~6'APY THIS INDENTURE entered into, by and between styled LESSOR, and ! 3~apT1Q~@I1teQ 11a1~el.n Dy Sts Cauaaty ~ styled LESSEE. That in consideration of the pay/~ment by//••the Lessee to the Lessor, at the letter's office in Houston, Texas, of the sum of ~~ +Rfla $Ph~ lV~•~3 ~ ~ "' ~ ~ • +~ ~ Dollars per annum, payable anAex2ly in advance, the Lessor does hereby lease unto the Lessee for a term of ~ (l~ yea from ate hereof, subject to ter ination on 30 da s' written notice by either party to the other, the following described p rfp ;t ~~, , ta+~it2 it ; pO~rit iII ttte aorChtrest line Ot 1~l8 ~btr;et, said pout Yeing a.5 feet easterly ;~ rir~st ~e troy time es+ater line a! Lessor"• 8pttr Tract, I!!C 2R+• 37f Y'~NCE, nortDarly pars~.Ia2 to se3d freak, &! tact, to tkle laorthaaet line at Mcg+trlapsd ~tsrat' ~ narltt~estarly +~n8 tsiQ stseet line, 13D Past; Tj solsb~lesterly ;t sl~st use 195 laatf Tom, southaastarly ;t ri~it aeglasr RCf1 feed TJtdICEy aortLeastsr]y efC rS~tt rfngiess 155 feat, to plans o! li«eiimringf ar smo+no: outlined in reQ o» asP attsahed sad sleds ; part hareot. This lease is made subject to the following terms and conditions, and upon the happening of a breach of any one or all of Lhem or at any time thereafter, or for failure to make the payments herein provided for, this lease may be terminated on ten (10) days written notice to the Lessee. FIRST: The Lessee shall occupy the said leased premises within thirty (30) days from date hereof, and continue to occupy and use the same continuously until this lease is terminated for the following purposes and no other: Siva for purahssed stook pans. Lessee shall pay all taxes on the improvements owned by it which are now or may during the term of this ]ease be placed upon above described property. SECOND: The Lessee shall not transfer or assign this lease or sublet the said premises, or any part thereof, without first obtaining the consent in writing of the Lessor so to do. THIRD: The Lessee agrees not to pile any ]umber or material or erect any buildings, platforms, or obstructions of any character nearer than 8.5 feet from the center of, nor less than 2b feet above any track, of Lessor on or adjoining said premises. FOURTH: In case a building or structure of any character should be erected upon said premises the same shall be built in a substantial manner and kept in good repair and always present a neat and attractive appearance, and immediately after con- struction of same, if other than a mere platform, shall be painted, and kept painted by Lessee with at least one coat of paint satisfactory to Lessor in color. All openings in buildings facing the track shall have eliding doors, or doors opening to the inside. FIFTH: The.Lessee agrees to keep said leased premises and the vicinity thereof, at all times, in a neat, clean and sanitary condition, allowing no commodities, rubbish, debris, or inflammable material to accumulate or remain thereon to attract stock, to create a nuisance, or to endanger persons or property by fire or otherwise, and shall comply with al] city ordinances or regu- lations of any governmental authox•ity to maintain same. SIXTH: (a) The Lessee agrees to release, defend and save harmless the Leaeor from and indemnify it for and against any end all liabilities and suite or claims for damages for loss of or damage to property of Lessee or of any other person on said leased premises and for personal injury to, or injuries resulting in death of the Lessee or its employee, officers, or agents, or per- eona on said premises with Lessee's consent, expressed or implied, arising from or growing out oP the use of said leased premiaea by Lessee, end the operation oY locomotives and cars by Leaeor over tracks on or adjoining said premiaea, it being understood however, that Lessee shall not be obligated hereunder to indemnify or release Lessor against lose, damage, injury or death caused by the sole negligence of Lessor, its officers, agents or employes. (b) The Lessee further agrees to be liable for cars placed for the use and benefit or upon the request of the Lessee, whether such care are owned by the Lessor or others, and in the event of destruction of, or damage to said care by fire, or any other cause, except that occasioned through the sole negligence of Lessor, its officers, agents or employes, Lessee shall pay ell bills for such destruction or damage upon presentation thereof. Said bills shall be rendered in accordance with the established practice of railroads in settling such matters between themselves. SEVENTH: To protect Lessor in the payment by Lessee of all sums coming due under this contract, Lessee hereby gives Lessor a first lien on s]] equipment, fixtures, property, structures and improvements on said premises, owned by Lessee. EIGHTH: Lessor shall have the right to terminate this ]ease at will on thirty (30) days written notice to Lessee and at the expiration thereof, or at any time thereafter, to take possession of the leased premises without making any indemnification to Lessee, except refund to Lessee of any unearned rental paid in advance by Lessee. No delay of Lessor in doing so shall be con- strued as a waiver of each right or as extending the term of the lease. Lessee shall have the right and be obliged to remove, at Lessee's sole expense, from said premises before the termination of the lease by the expiration of said thirty (30) days ox• in any other manner, any property that may have been placed thereon by Lessee or by Lessee's permission or procurement, tacit or otherwise; provided that before beginning any removal, all amounts due Lessor by Lessee or that will become due before such termination have been paid in full. If at such termination Lessee shall not have paid all amounts due and removed said prop- erty ea above provided, Lessor shall have the option either to allow said property to remain on said premises or else to remove same therefrom. In either event, Lessor shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same without accounting to Lessee, by payment or otherwise, for the value thereof, if any, or proceeds of any sale thereof. In any event, Lessor shall have and retain the right to recover from Lessee all coats and expenses of removal and all other amounts due under said lease. Laalee Awdit llo. 3'p8$5~ dated J'ma 2A, 2965, betwlsea Lessor and lGerr Cotml,~r ,Elva Stook BhcrMS 11ssDCi;ti~i 1s k~reby aamaa2led. IN WITNES"S, WHE'R'EOF, said Lessor and Lessee have executed these presents in duplicate on this the ~~ day of r^~"~(~tiuvvt~.tAr( A. D. 19 (,( 8Otfi86Ri~ P1-C~'IC CO2~AI97[ J ~ /' ~!- c .c , ~ ~~ -i y r ~~~ / i ~ ti~~ty ~~ t ~ F * ~~ ~~ ~- ~~,~ 3 - ~ / ~, .~~~L f(~7 ` ~ ~ ~~ ~` J~ ~.ZJ