ORDER NO. 16937
APPROVAL OF PROPOSED LEASE OF COUNTY EQUIPPIENT YARD TO
THE CITY OF INGRAM
On this the 11th day of November 1986, upon motion made
by Commissioner Guthrie, seconded by Commissioner
Higgins, the Court unanimously approved a lease, made
and entered into by and between Rerr County, Texas,
referred to in this lease as Lessor, and Ingram, Texas,
a municipal corporation incorporated under the general
laws of the State of Texas, referred to in this lease as
Lessee, for a term of three years, commencing on or about
the 1st day of January 1986, and ending on the 31st day
of December 1989.
ly
Ger' E. Keree,
Cou nt~ AttorneJ
r
Judge Gordon S. Morriss
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
~~ace o~ T~ne Cioenet4y L~44ormey
Kerr Count'
317 C'er~ Ciarretf
Kerrvi~~e. Texas 78028
November 5, 1986
N(ry '- 7 REC'p
T n
(SI2) 896-5338
RE: Lease of County Equipment Yard
to City of Ingram
Dear Judge Morriss:
Enclosed please find a proposed lease presented to me by
Terry Mason, City Attorney for Ingram, Texas. I have reviewed
the lease and on the copy attached you will find my notations.
Please review this document and place it on the Commissioner's
Court Agenda for consideration. Please have your secretary
notify me as to the date and time it is placed on the agenda.
I might suggest that you have other copies made of this
document and present it to the Commissioner's prior to the
meeting for consideration of same.
Since}~~ly,
a
Attorney
GEK/dl
Enclosure
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GORDON S. MORRISS
COUNTY JUDGE, KERR COUNTY
KERRVILLE, TEXAS 78028
EX-OFFICIO COUNTY SCHOOL SUPERINTENDENT
November 17, 1986
Mr. Don C. Oehler, Mayor
City of Ingram
409 Highway 27 West
Ingram, Texas 78025
Dear Don:
PHONE 512-257-7093
257-6771
Enclosed please find 2 copies of Lease between the City of Ingram and
Kerr County on the County yard previously located on the Old Ingram Loop.
Two copies have been executed, please execute and return one copy to
our office and one copy will be for your files.
Please attach Exhibit to our co
GSM:ls T
Enclosures - 2
r
Qily of .~n9ram
409 Highway 27 West
INGRAM, TEXAS 78025
(512) 367-5115
December 12, 1986
Judge Gordon S. Morriss
County Judge
Kerr County Courthouse
Kerrville, TExas 78028
Re: Lease between City of Ingram
and Kerr County
Dear Judge Morriss:
Enclosed please find an executed copy of the Maintenance
Yard Lease. It has been a pleasure conducting business with
you and your staff throughout the year. Have a Merry Christmas
and a Happy New Year.
Sincerely yours,
\ ' "tea`"
Terry L. Mason
TLM:dc
enc.
.fin llie ,~eaul~ul `.texas ~~l Qounlry
LEASE.KCT~GEK~llL~ll-13-86
STATE OF TEXAS §
COUNTY OF KERR §
LEASE
This Lease is made and entered into by and between Kerr
County, Texas, referred to in this lease as Lessor, and Ingram,
Texas, a municipal corporation incorporated under the general
laws of the State of Texas, referred to in this lease as Lessee.
In consideration of a mutual covenants and agreements set
forth in this lease, and other good and valuable consideration,
Lessor demises and leases to Lessee, and Lessee leasing from
Lessor the premises situated on Old Ingram Loop, within the
corporate limits of Ingram, Texas, and more particularly
described in Exhibit A attached to this lease. These premises
are referred to in this lease as "the premises" or "the leased
premises".
ARTICLE I
TERMS
Term of Lease
Section 1.01. The term of this lease shall be 3 years,
commencing on or about the 1st day of.. January, 1987, and ending
on or about the 31st day of December, 1989, unless sooner
terminated as provided in this lease.
Option to Extend Terms
Section 1.0 L. Lessee has the right to extend this lease
beyond the expiration date provided in Section 1.01 on the
following terms and conditions:
a. Should Lessee fully and faithfully perform all of
the terms and conditions of this lease, Lessee may extend
the term of this lease for a period of 3 years, with the
extended term to begin on a day following the expiration
date of the lease terms specified in Section 1.01. All of
the terms, covenants, and provisions of this lease shall
apply to all extended lease terms.
b. Lessee may exercise the option to extend this
lease by giving to Lessor notice of its intention to do so
no later than 90 days prior to the expiration of the lease
term.
Right of First Refusal to Purchase Lease Premises
Section 1.03. Should Lessor, during the lease term, or any
extension or renewal of the lease, attempt to sell all or any
portion of the lease premises, Lessee shall have the right of
first refusal to meet any bona fide offer of sale and the same
terms and conditions of such offer, and on failure to meet such
bona fide offer within ninety (90) days after written notice from
Lessor, Lessor shall be free to sell the premises or portion of
them to the third person in accordance with the terms and
conditions of the offer.
ARTICLE II
F,E^TT
Fixed Rent
Section 2.01. Lessee agrees to pay Lessor the sum of $99.00
annually, on or before the 1st day of January of each year of the
lease. Lessee agrees to pay this fixed rent to Lessor at
Lessor's office located at Kerr County Courthouse, 700 Main St.
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LEASE.KCT/GF.K/DL/11-13-86
Kerrville, Texas, 78028, or at such other location or locations
as Lessor shall from time to time designate by written notice to
Lessee.
AR'PICLE III
USE OF PREMISES
Permitted Use
Section 3.01. Lessee may use the premises to operate and
conduct a street repair maintenance yard or such other lawful
purpose as deemed best by Lessee.
Waste, Nuisance or Illegal Uses
Section 3.02. Lessee shall not use, or permit the use of,
the premises in any manner that results in the waste of the
premises or constitutes a nuisance or violates any statutes,
ordinances, rule or regulation applicable to the premises or for
any illegal purpose.
ARTICLE IV
REPAIRS AND MAINTENANCE
Repairs and Maintenance by Lessee
Section 4.01. Lessee shall, at the term of this lease and
any extensions of that term, at its own expense, maintain the
lease premises and all improvements on the lease premises in good
order and condition, including but not limited to making all
repairs and replacements necessary to keep the premises and
improvements in such condition. All maintenance, repairs, and
replacements required by this section must be performed promptly
when required in a manner that will not cause depreciation in the
value of its premises.
ARTICLE V
UTILITIES AND GARBAGE REMOVAL
Utility Charges
Section 5.01. Lessee shall pay all utility charges for
water, electricity, heat, gas, and telephone service used in and
about the lease premises during the term of this lease, all such
c}iarges to be paid by Lessee directly to the utility company or
municipality furnishing the same, before the same shall become
delinquent.
Garbage Removal
Section 5.02. Lessee shall pay for the removal of all
garbage and rubbish from the lease premises during the time of
the lease.
ARTICLE VI
ALTERATIONS, ADDITIONS AL7D IMPROVEMENTS
Consent of Lessor
Section 6.01. Lessee shall not make any alterations,
additions or improvements to the lease premises without the prior
written consent of Lessor. Consent for non-structural
alterations, additions or improvements shall not be unreasonably
withheld by Lessor.
Property of Lessor
Section 6.02. All alterations, additions or improvements
made by Lessee shall become the property of Lessor at the
termination of this lease. Lessor may, however, require that
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LEASE.KCT/GEK/DL/11-13-86
Lessee remove any and all alterations, additions or improvements
made or installed by Lessee, and any other property placed on the
premises by Lessee, upon termination of the lease. In the event
that Lessor requires Lessee to remove such alterations, additions
or improvements, Lessee shall repair any damage to the premises
caused by such removal.
ARTICLE VII
INDEMNITY
Hold - Harmless Clause
Section 7.01. Lessee agrees to indemnify and hold Lessor
harmless against any and all claims, demands, damages, costs, and
expenses, including reasonable attorney's fees for the defense of
such claims and demands, arising from the conduct and management
of Lessee's business on the lease premises or its use of the
lease premises or from any breach on the part of Lessee of any
conditions of this lease, or from any act or negligence of
Lessee, its agents, officials, officers, contractors, employees,
sub-tenants, concessionaires, licensees, invitees or guests in or
about the lease premises. In case of any action or proceedings
brought against Lessor by reason of any such claim, Lessee, upon
notice from Lessor, agrees to defend the action or proceeding by
counsel acceptable to Lessor.
ARTICLE VIII
ASSIGNMENT AND SUB-LEASE
Assignment and Sub-letting By Lessee
Section 8.01. Lessee may not sub-let, or assign, encumber,
or otherwise transfer this lease, or any right or interest in
this lease or in the lease premises or the improvements on the
lease premises, without the written consent of Lessor. In the
event Lessor consents in writing to any assignment, sublease, or
other transfer of all or any of the Lessee's rights under this
lease, the assignee or subleasee must assume all of Lessee's
obligations., under this lease. Lessor's consent under this
sec±ion will not be arbitrarily or unreasonably withheld.
ARTICLE IX
MISCELLANEOUS
Notices and Addresses
Section 9.01. All notices required under this lease must be
given by certified mail or registered mail, addressed to the
proper party, and at the following addresses:
LESSOR: Kerr County Courthouse
700 Main St.
Kerrville, Texas 78028
LESSEE: City of Ingram
409 Highway 27 West
Ingram, Texas 78025
Either party may change the address to which notices are to be
sent by giving the other party notice of the new address in the
manner provided in this section.
Texas Law to Apply
Section 9.02. This agreement shall be construed under, and
in accordance with, the laws of the State of Texas, and all
obligations of the parties created by this lease are performable
in Kerr County, Texas.
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LF.ASE.KCT~GEK~DL~11-13-86
Legal Construction
Section 9.03. In case of one or more of the provisions
contained in this agreement shall for any reason be held by a
court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of the
agreement, and this agreement shall be construed as if the
invalid, illegal or unenforceable provision had never been
included in the agreement.
Amendment
Section 9.04. No amendment, modification, or alteration of
the terms of this agreement shall be binding unless it is in
writing, dated subsequent to tY~e date of this agreement, and duly
executed by the parties to this agreement.
Rights and Remedies Cumulative
Section 9.05. The rights and remedies provided by this
lease agreement are cumulative, and the use of any one right or
remedy by either party shall not preclude or waive that parties
right to use any or all other remedies. The rights and remedies
provided in this lease a.re in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
Attorney's Fees and Costs
Section 9.06. If, as a result of a breach of this agreement
by either party, the other party employs an attorney or attorneys
to enforce its rights under this ].ease, the breaching or
defaulting party agrees to pay the other party reasonable
attorney's fees and costs incurred to enforce the lease.
Force Majeure
Section 9.07..,Neither Lessor or Lessee shall be required to
perform any-terms, conditions, or covenants in this lease so long
as such performance is delayed or prevented by force ma'eure,
which shall mean acts of God, strikes, walkouts, material or
labor restrictions by any governmental authority, civil riot,
floods, or any other cause not reasonably within the control of
Lessor or Lessee and which by the exercise of due diligence
Lessor or Lessee is unable, wholx~ ot, to prevent or
overcome. // ~

DATE: 12-2-86 __~
y, Te s
D4orris, County Judge
DATE: _/z~2~~G -
/4~ , Te- i
ld C. Oehler, Mayor
4
EXHIBIT "A"
All of that certain tract of land situated in Kerr
County, Texas, more particularly described as follows,
to-wit:
Lots Five (5), Six(G), Seven (7), Eight (8), Nine (9)
and Ten (lU), in Block One (1), of the Ingram Loop
Subdivision to Kerr County, Texas, as shown by the plat
of said Subdivision of record in the Plat Records of
Kerr County, Texas, and reference is here made to the
same for all purposes, and being a portion of the
property described in a deed from Mrs. Bertha Wood,
a widow, individually and as Independent Executrix
of. the Est,=.te of George Simpson, deceased, to D. W.
Whitaker, et ux, dated the 27th day of October, A.D.,
1156, of record in Volume 10U, Page 509, of the Deed ~.
Records of Kerr County, Texas, to which instrument
and its record reference is here made for all purposes.
ORDER NO. 16937
APPROVAL OF PId7POSID LEASE OF COUNTY
EQUIPMENT YARD TO THE CITY OF INGRAM
11-11-1986
Vol. Q, Page 317