~~~~~ LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF KERB ~ 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. 4. USE OF THE PREMISES: The premises are to be used for the purpose of conducting an anxxual 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. 5. 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. -1- 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, ~ 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 perm- anent 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 condition 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 -2- 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. 12. SPECIAL CONDITIONS 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 ~~day of July, 1981. COMMISSIONERS' COURT OF KERR COUNTY, LESSOR BY: KERR COUNTY FAYR ASSOCIATION, INC., LESSEE '`.~ __ ~, ~` -3- ~RE~r~NT LEASE A KRRR COUNTX KRRR COUNTY FAIR ASSOC~ ~t ~ r,nl~~Tl, s,'.rr Co;~y, PROH1-' LESLYEA& AWRY pTTORNE H29-e mn+ AS 78028 KERRV ILLS, TEX n t J _ ~ h ORDER N0. 14402 APPROVAL OF LEASE AGREEMENT BETWEEN KERR COUNTY AND Y.ERR 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. ORDER N0. 14402 APPROVAL OF LEASE AGREEMENT BETWEEN KERB COUNTY & KERR COUNTY FAIR ASSOCIATION, INC. 7-13-1981 Vol. P, Page 61