61 N0. 14402 APPROVAL OF LEASE AGREEMENT BETWEEN KERR COUNTY AND KERB COUNTY FAIR ASSOCIATION, INC. On this the 13th day of July 1981, upon motion made by Commissioner Speakmon, seconded by Commissioner Holland, the Court unanimously approved the Lease Agreement between Kerr County, Texas and Kerr County Fair Association, Inc., for a period of five years, beginning August 1st, 1981, for use of the Agriculture Exhibition Building and adjacent grounds. o-o-o-o-o-o-o-o-o-o N0. 14403 APPOINTMENT OF BILLIE G. MEEKER AS COUNTY LAW LIBRARIAN On this the 13th day of July 1981, upon motion made by Commissioner Holland, seconded by Commissioner Speakmon, the Court unanimously approved the appointment of Billie G. Meeker as County Law Librarian, to fill the existing vacancy, and that her compensation be fixed at $40.00 per month, payable out of the County Law Library Fund, retroactive to July 1st, 1981. o-o-o-o-o-o-o-o-o-o NO. 14404 APPROVAL OF REQUEST OF PAUL FIELDS, SHERIFF, FOR SALARY INCREASES FOR DEPUTIES HIERHOLZER, HILL AND WEST On this the 13th day of July 1981, came on to be considered by the Court the request of Paul Fields, Sheriff, for salary increases for the following deputies: From To WILLIAM R. HIERHOLZER, Deputy Sheriff $11,700.00 $12,000.00 per annum per annum WILLIAM VIRGIL HILL, Deputy Sheriff $11,700.00 $12,000.00 per annum per annum MICHAEL D. WEST, Deputy Sheriff $11,700.00 $12,000.00 per annum per annum It is ordered on motion made by Commissioner Lich, seconded by Commissioner Holland and unanimously approved by the Court that the request for salary increases be approved, due to completion of probationary period, effective as of July 1st, 1981. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED JULY 13th, 1981 at 4:55 o'clock P. M. o-o-o-o-o-o-o-o-o-o STATE OF TEXAS X COUNTY OF KERR X LEASE AGREEMENT This lease is made and executed in duplicate at Kerrville, County of Kerr, State of Texas, by and between KERR COUNTY, herein called LESSOR, and KERR COUNTY FAIR ASSOCIATION, INC., a Texas non-profit corporation, herein called LESSEE. 1) .DESCRIPTION OF PREMISES: LESSOR leases to LESSEE, and LESSEE hires from LESSOR, as herein provided, the premises known as the Kerr County Agricultural Building and the adjacent grounds, said premises being ~ situated in Kerr County, Texas. 2. TERM: The term of this lease is five years, beginning August 1, 1981. 3. RENT: The total rent of this lease is the sum of $5.00. LESSEE agrees to pay LESSOR said amount in annual installments of $1.00 each, payable on the first day of August of each year during the term of the lease. LIi 4. USE OF THE PREMISES: '~i The premises are to be used for the purpose of conducting an annual Kerr County Fair and LESSEE agrees to restrict its use to such purposes and not to use or permit the use of, the premises for any other purpose without first obtaining the consent in writing of LESSOR. In this regard, it is agreed by the parties hereto that LESSEE'S use of the premises shall be limited to a maximum of ten days out of the first fifteen days of August of each calendar year. LESSEE shall notify LESSOR of the specific dates desired at least 180 days in advance For the calendar year 1981, the parties hereto agree that LESSEE shall have the use of the premises from August 5th through August 10th. S. NO WASTE, NUISANCE, OR UNLAWFUL USE LESSEE shall not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. 6. LIABILITY INSURANCE LESSEE agrees to procure and maintain in force during the periods of actual use during the term of this lease and any extension thereof, at LESSEE'S expense, public liability insurance adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the leased premises, in a minimum amount of the total possible liability of LESSOR under the terms of the Texas Tort Claims Act, Vernon's ~ Ann. Civ. Statutes, Art. 19 S 3. The policies shall be delivered to LESSOR for keeping. 7. INDEMNITY AGREEMENT LESSEE agrees to indemnify and hold LESSOR, and the property of LESSOR, including the leased premises, free and harmless from any and all liability for injury to or death of any person, including LESSEE and employees of LESSEE, or for damage to property arising from the use of the leased premises by LESSEE or from the act or omission of any person or persons, including LESSEE and employees of LESSEE, in or about the leased premises with the express or implied consent of LESSEE. This indemnity agreement shall be limited to those terms of actual use by LESSEE of the leased premises. 8. ALTERATIONS AND IMPROVEMENTS LESSEE shall make no alterations to the buildings on the leased premises nor construct any buildings or other improvements of a permanent character on the leased premises without first having obtained the written consent of LESSOR. 9. CLEAN UP At the conclusion of each annual period of use of the leased premises, LESSEE shall, within the ten day use period, cause said property to be cleaned and restored to that condi- tion in which the property was found prior to the commencement of said ten day period, reasonable wear and tear excepted. 10. DEFAULT BY LESSEE Should LESSEE be in default for a period of more than three days in the performance of any of the provisions of this lease, LESSOR may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect on the date of such default. 11. ASSIGNMENT LESSEE shall not assign this lease or any interest therein without first obtaining the written consent of LESSOR. -1- 12. SPECIAL CONDITIONS 63 The following are limitations upon the use of the leased premises by LESSEE: (a) No carnival or midway shall be permitted on the leased premises; however, rides or game booths sponsored by local individuals or organizations shall be allowed. (b) The use of current buildings or facilities for entertainment and dancing shall not be permitted without the prior consent of LESSOR. (c) No rodeo shall be permitted without the prior consent of LESSOR. 13. UTILITIES LESSEE shall pay for all utilities furnished the premises during its annual useage of the premises, including electricity, gas, water, and telephone service, if any. 14. NOTICE LESSOR'S address for purposes of notice shall be Kerr County Courthouse, Kerrville, Texas, 78028. LESSEE'S address shall be 829-B Main Street, Kerrville, Texas, 78028, or such other address as it may in writing designate to LESSOR. 14. LEASE APPLICABLE TO SUCCESSORS, ETC. This lease and the covenants and conditions hereof apply to and are binding on the successors and assigns of the parties hereto. EXECUTED this 15th day of July, 1981. COMMISSIONERS' COURT OF KERR COUNTY, LESSOR BY: /s/ Julius R. Neunhoffer County Judge KERB COUNTY FAIR ASSOCIATION, INC., LESSEE -3- ., BY: /s/ John H. Jensen Filed 17th day of July A.D. 1981 at 3:10 P.M. EMMIE M. MUENKER Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer, Deputy o-o-o-o-o-o-o-o-o-o COURT CONVENED IN SPECIAL SESSION JULY 24th, 1981 at 11:55 o'clock A. M., with the following officers present: JULIUS R. NEUNHOFFER County Judge FRED HOLLAND Commissioner Precinct No. 1 FRANK L. SPEAKMON Commissioner Precinct No. 2 BILLY JOE GUTHRIE, JR. Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: N0. 14405 APPROVAL OF BID OF MASTERS & KLEIN CONSTRUCTION CO. FOR PAVING ON VERDE CREEK ROAD IN COMMISSIONERS' PRECINCT N0. Z On this the 24th day of July 1981, upon motion made by Commissioner Speakmon, seconded by Commissioner Guthrie, the Court unanimously approved the Bid of Masters & Klein Construc- tion Co., of Mountain Home, Texas, for paving on Verde Creek Road in Kerr County Commissioners~~' Precinct No. 2. Bid price for single seal where needed @ 1.80 per running ft. and 80 ft. wide, and for removing old pavement & base & replace base and double seal where needed @ $8.00 per ft. o-o-o-o-o-o-o-o-o-o N0. 14406 ACCEPTANCE OF WARRANTY DEED FROM ENERGY/LAND, INC. TO KERR COUNTY, TEXAS On this the 24th day of July 1981, upon motion made by Commissioner Holland, seconded by " Commissioner Speakmon, the Court unanimously approved acceptance of a Warranty Deed from 'I' Energy/Land, Inc. to Kerr County, Texas, dated July 14th, 1981, comprising 0.95 acre of land, l ~--