i~rther requireme nta for road pprpose a. and ea no longer needed for road purpose e. approximately
1.533 scree, more or less, of eaisting right of way of F,M. Road 689 lying to the North of new
right of way and further agrees to request the State of Texas to qu Ltclalm Ste easement right
to such surplus right of way to the owners of the fee therein.
It is further Ordered that the Clerk and the Tra aaurer be authorized to draw a voucher o
the F. M. 6B9 Right of Way Fund in the amount of $1,800.00, payable to Carl D. Meek and Rosa
Lea Meek, upon delivery of properly exeouted right of way easements acceptable to the Texas
Highway Department.
o-o-o-o-o-o-o
COURT ADJOURNED at 12:00 Noon on January 26th, 1962
o-o-o-o-o-o-o
COURT CONVENED IN SPECIAL SESSION on February aid, 1962 at 10:00 o~cl ock A, M. with all
off icera present, and the Court having duly opened, the following Orders were paeaeds
o-o-o-o-c-o-o
N0. 9095 LEASE AGREEMENT BETWEEN 1Y62K, HOLT.MACHi~:RY GOpiPANY AND K'ERR COUNTY
This the 2nd, day of lrabruary /on motion by Commlea inner Stone, seconded by Commisa io ner
Schwethelm, the Court unanimously approved that Lhe Commlaslonera~ Court of Kerr County exeaut ~
two lease agreements with the Wm. K. Holt Machinery Company, for two oaterp illar /{112 motor
Graders as per bi da acoepted on January 26th, 1962 and that said lease agreeme nta be recorded
in the Minutes of this Court.
I.
THE STATE OF TEXAS 1
COUNTY OF BEXAR ~ THIS LEASE, made this, the 26th dqy of January, 1962, between Wm. K.
BOLT MACHINERY CO., a Texas corporation, of San Antonio, Texas hereinafter called Lessor, and
the County of Kerr, Texas, a municipal corporation, acting herein through its Commiesioner~s
' Court, hereinafter called Lessee, WITNESSETH:
That, Whereas, the Lessee requires the use of One Caterpillar #112 Niot or Grader, Arr.
i
2D 6900, Serial No. b8E 639, with Goodyear Tires do Tubes, 4D 46y0 1300 x 24 10 Ply Front Tires
4D 4649 1300 x 24 10 Plq Rear Tires and 4E 4770 Steering Booster, in Kerr County, Texas.
NOW, THEREFORE:
j 1. Leeaor, in consideration of the payments of rentals hereinafter mentioned, hereby
~', leases to the Lessee: One Caterpillar #112 Motor Grader, Arr. 2D 6900, Serial No. 68E 639,
xith Goodyear Tires & Tubes, 4D 4690 1300 x 24 10 Ply Front Tires, 4D 4649 1300 x 24 10 Plp
i Rear Tires and SH 4770 Steering Booster,~for a period commencing the 26th day of January, 1962
I'i and ending the 26th daq of January, 1967 for a total rental o£ Seventeen Thousand Two Hundred
Sixty Dollars and No Cents ($17,260.00) payable as follows: Trade Allowance For one used
Allis Chalmers AD4 Motor Grader, Serial No. 2y92, $2,750.00. The remaining X14,510.00 payable
r
as follows: $2,902.00 due and payable January 26, 1963 together with interest at four and
', one-half per cent per annum on $14,510.00 from date of lease agreement until date payment ma-
tures on January 26, 1963. $2,902.00 due and payable January 26, 1964 together with interest
, at Four and one-hal£ per cent per annum on $11,608.00 from Jai uary 26, 1963 until ,January 26,
1964. $2,902.00 due and payable January 26, 1965 together with interest at four and one-half
per cent per annum on $8,706.00 From January 26, 1964 until January 26, 1965. $2,902.00 due
and payable January 26, 1966 together with interest at four and one-half per cent per annum onl
$5,804.00 £rom January 26, 1965 until January 26, 1966. $2,902.00 due and payable January 26,
I
~,' 1967 together with Sntarest at £our and one-half per cent per annum on $2,902.00 from January i
26, 1966 until January 26, 1967.
past due they are to draw interest at the rate of four & one-half per cent per annum. It is
understood and agreed that all o£ said amounts specified are to be paid out of the Road and
Bridge Maintenance Fund of (Kerr) County, Texas.
2. The Lessee acknowledges receipt of said equipment in good order and condition and
obligates itself upon the expiration of this lease, in the event the option herein referred
to has not been exercised, or in the event that it shall default in the performance o£ any
of the terms, covenants and conditions hereof, and Lessor elects to terminate this contract
as hereinafter provided for, to thereupon deliver said machinery to Lessor, Freight prepaid,
at Lessor's warehouse in San Antonio, Bexar County, Texas, in the same good order and condi-
tion as when received by Lessee, ordinary wear and tear only accepted.
3. Lessee shall have the right to make any reaeo nable and lawful use of said machinery
and shall take reasonable and proper care thereof, and shall at its own cost and expense make
all necessary repairs and replacements.
4. In the event of any default by Lessee in Lhe payment of rent, or otherwise, this
lease shall terminate at the option of Lessor, and on its demand, the machinery leased shall
be delivered back to Lessor's warehouse in San tinto nio, Bexar County, Texas transportation
prepaid,
5. Lessor hereby gives Lessee the option to purchase said machinery in its then condi-
tion at any time during the term of this lease, or at its termination, for the purchase price
of SEVENTEEN THOUSAND TWO HUNDRED SIXTY AND 00/100 Dollars, F.O.B. Kerr County, Texas, plus
interest at the rate of four & one-half per cent (4}) per annum on the unpaid balance from th
26th day of January, 1962, until such purchase price is paid, said purchase price to be payab
in cash or upon terms acceptable to the Lessor.
6. In the event the said option to purchase 1s exercised, the price shall be reduced by
the trade allowance on used Allis Chalmers AD4 Motor Grader, Serial No. 2992, of $2,750.00
made upon execution of this lease and Lhe amount of payments theretofore made.
7. It is hereby expressly agreed that Lhe Lessor shall not, in any case, oi' under any
c ircamstances, be held liable for any loss or damage, or claims For loss or damage of any
kind or character whatsoever, to persons or property or otherwise, arising from or in any
manner connected with use or operation oi' said machinery during Lhe time it is in Lessee's
possession, and any and all loss or damage and claims for loss or damage are. he reby specifi-
cally waived by Lessee, and as against the claims for lose or damage of third persons, Lessee
binds and obligates itself to~hold Lessor harmless.
$. It is also understood and agreed that Lessee will be responsible for any Highway or
other taxes exacted by the State or any subdivislon thereof, for the operation of this machin
ery,
9. It is further expressly agreed and understood that if Lessee avails itself of the
option to purchase said machinery, as herein provided, it will do so only on condition that
at the time: of exercising said option to purchase said machinery, that (1) it shall have av
able for said purpose moneys currently available which it will then be lawfully entitled to
expend, or (2) it is lawfully entitled to incur the necessary liability for payment, or the
purchase price or for the rent.
This lease is executed in quadruplicate originals the day and year set out above.
COUNTY OF KERR, TEXAS, LESSEE:
By /e/ Julius R. Neunhoffer
County Judge
By /e/ W. C. Schwethelm
Commissioner, Precinct No. 1
By /s/ Y. D. Poxell
Commissioner, Precinct No. 2
Wm. K. HOLT MACHINERY CO.
By D. N. Murphy, Pres
Lessor
By /s/ Adolph Bartel
Commissioner, Precinct No. 3
By /s/ Rojer Stone
Commissioner, Precinct No. 4
II.
THE STATE OF TEXAS I ~~1'-
~ COUNTY OF BEXAR ~ THIS LEASE, made this, the 26th day of January, 1962, between Wm. K.
HOLT MACHINERY CO., a Texas corporation, of San Antonio, Texas, hereinafter called Lessor, and
the County of Kerr, Texas, a municipal corporation, acting herein through its Commissioners
Court, hereinafter called Lessee, WITNESSET H:
That, Whereas, the Lessee requires the use of One Caterpillar #112 Motor Grader, Arr.
2D 6900, Serial No. 6$E 642, with Goodyear Tires & Tubes, 4D 4690 1300 x 24 10 Ply Front Tires
4D 4649 1300 x 24 10 Ply Rear Tirea and SH 4770 Steering Booeter.in Kerr County, Texas.
NOW, THEREFORE:
1. Lessor, Sn consideration of the payments of rentals hereinafter mentioned, hereby
leases to the Lessee: One Caterpillar X112 Motor Grader, Arr. 2D 6900, Serial No. 6$E 642,
with Goodyear Tirea & Tubes, 4D 4690 1300 x 24 10 Ply Front Tires, 4D 4649 1300 x 24 10 Ply
Rear Tires and SH 4770 Steering Booster, for a period commencing the 26th day of January, 1962
and ending the 26th day of January, 1967 for a total rental of Seventeen Thousand Two Hundred
Sixty Dollars and No Cents ($17,260.00) payable as follows: Trade Allowance for one used
Caterpillar //212 Motor Grader, Serial No. 9T 15$4, $3,000.00. The remaining $14,260.00 payabl
as follows: $2,$52.00 due and payable January 2Fi, 1963 together with Snte rest at four and one
half per cent per annum on $14,260.00 from date of lease agreement until date payment matures
on January 26, 1963. X2,852.00 due and payable January 26, 1964 together with interest at
four and one-half per cent per annum on $11,408.00 from January 26, 1963 until January 26, 196
$2,852.00 due and payable danuary 26, 1965 together with interest at four and one-half per cen
per annum on $$,556.00 from January 26, 1964 until January 26, 1965. $2,852.00 due and payabl
January 26, 1966 together with interest at £our and one-hal£ per cant per annum on $5,704.00
fmm January 26, 1965 until January 26, 1966. $2,$52.00 due and payable January 26, 1967 to-
gether with interest at four and one-half per cent per annum on $2,$52.00 from January 26, 196
until January 26, 1967. ,~
It is further agreed that should any of the above mentioned lease installments become
past due they are to draw interest at the rate of £our & one-half per cent per annum. It is
understood and agreed that all of said amounts specified are to be paid out of the Road and
Bridge Maintenance Fund of Kerr County, Texas.
2. The Lessee acknowledges receipt oi' said equipment in good order and condition and
obligates itself upon the expiration of this lease, in the event the option herein referred Lo
I hYs not been exercised, or in the event that it shall default in the performance of any of
the terms, covenants and conditions hereof, and Lessor elects to terminate this contract as
hereinafter pm vided for, to thereupon deliver said machinery to Lessor, freight prepaid, at
', Lessor's warehouse in San Antonio, Bexar County, Texas, in the same good order and condition
as when received by Lessee, ordinary wear and tear only accepted.
3. Lessee shall have the right to make any reasonable and lawful use of said machinery
and shall take reasonable and proper care thereof, and shall at its own cost and expense make
all necessary repairs and replacements, i ,
I 4. In the event of any default by Lessee in the payment of rent, or otherwise, this
lease shall terminate at the option of Lessor, and on its demand, the machinery leased shall
be delivered back to Lessor's warehouse in San Antonio, Bexar County, Texas tranaportltion
5. Lessor hereby gives Lessee the option to purchase said machinery in its then condi-
tion at any time during the term of this lease, or at its termination, for the purchase price
of SBVENTREN THOUSAND TWO HUNDRRD SIXTO AND 00/100 Dollars, F,O.B, Kerr County, Texas, plus
interest at the rate of four & one-half per cent (4~) per annum on the unpaid balance from
the 26th day of January, 1962, until such purchase price is paid, said purchase price to be
payable in cash or upon terms acceptable to the Lessor.
6. In the event the said option to purchase is exercised, the price shall be reduced
by the trade allowance on used Caterpillar X212 Motor Grader, Serial No. 9T 15B4, oi' $3,000
made upon execution of this lease and the amount of payments theretofore made.
7. It is hereby expressly agreed that the Lessor shall not, in any case, or under any
circumstances, be held liable for any loss or damage, or cla ima For loss or damage of any k
or character whatsoever, to persons or property or otherwise, arising from or in any manner
connected with use or operation of said machinery during the time it is in Lessee ~s pos secs
and any and all loss or damage and claims for loss or damage are hereby specifically waived
by Lessee, and as against the claims £or loss or damage of third pe sons, Lessee binds and
obligates itself to hold Lessor harmless.
8. It is also understood and agreed that Lessee will be responsible for any Highway or
other taxes exacted by the State or any subdivision thereof, £or the operation of this
ery.
9. It is further expressly agreed and understood Lhat if Lessee avails itself of the
option to purchase said machinery, as herein provided, it will do so only on condition that
at the time of exercising said option to purchase sad~d machinery, that (1) it shall have
available for said purpose moneys currently available which it will then be lawfully entitled
to expend, or (2) it is lawfully entitled to incur the necessary liability 1'or payment, or
the purchase price or £or the rent.
This lease is executed in quadruplicate originals the day and year set out above.
COUNTY OF KERR, TERAS, LESSEE: Wm. K. HBLT MACHINERY CO.
By /s/ Julius R. Neunhoffer, County Judge By /s/ D, N. Murohy,Pres
By /s/ W. C. Schwethelm, Commissioner, Precinbt No. 1
By /s/ V. D, Powell, Commissioner, Precinbt No. 2
By /s/ Adolph Bartel, Commissioner, Precinct No. 3
Hy /s/ Roger Stone, Commissioner, Precinct No. 4
o-o-o-o-o-o-o-o-o-o-o
N0, 9096 ORDER RESTATING KERR COUNTY~S OFFER TO MRS. NORMA P. SCHWEITZER FOR RIGRT-OF-WAY
FOR F,M. ROAD N0. 689 AH ORIGINALLY SET FORTH IN ORDER N0. 9010 AND A9 AMENDED
HY ORDER N0. 9693
On this, the 2nd day of February, 1962, Dame on to be heard and considered by the Court
the request oT Mra. Norma P. 9ohxeitser for restatement and olar ific ation of Kerr County~a
offer for compensation for land and damages for conveyance of 0.38q. scree of land out of Sur-
vey 67 for additional right-of-way Tor F, M. Road No, 6896 and after due conaiderat lop, St Sa
ordered on motion by Commisa loner Bartel, seconded by Commissioner &chxethe lm and unanimously
approved by the Court that Kerr County~s offer for land and damages to be paid Mrs. Norma P.
3chwe itzer for conveyanoe of 0, 381 sores of right-of-way bs restated to inclu da s cash paymen•
in the amount of X200.00 as set Sorth in Order No, 9010 as emended by Order No. 9093 plus en
agreement that within three months of the date of the execution of the necessary Right-oT-Way
Deed Kerr County will conatruot a nex atendard type livestock Tenoe on the nex right-oT-way
on the north aids of the right-of-uay and provide txo new metal entranoe gate s~ in con~unot ion
therexith and that Kerr County will move the existing high fe nne on the south side of the pre
sent right-oT-way line to the nex right-of-way line on the south aide of the nex right-of-xay
Lo bs oonveyed. and it Se further ordered that the Clerk of this Court provide a certified ao;