ORDER NO. 17097
ORDER LEASING CERTAIN PROPERTIES OWNED BY KERR COUNTY, TEXAS
BEING A PART OF THE AGRICULTURAL EXHIBITION BUILDING GROUNDS TO
KERRVILLE LITTLE LEAGUE, INC.
On this 9th day of February, 1987, came on to be heard and
considered by the Court the request of Kerrville Little League,
Inc. to lease a,portion of the Agricultural Exhibition Buildings
grounds for amusement and recreational purposes associated with
Little League Baseball activities and specifically for the
purpose of building and constructing two permanent little league
baseball playing fields; and it appearing to the Court that the
portion of the grounds requested by Kerrville Little League,
Inc. is not being used by Kerr County and that Kerrville Little
League, Inc. has submitted a Ground Lease Agreement, a true and
correct copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes ("the Ground Lease
Agreement");
IT IS THEREFORE ORDERED on motion by Commissioner
Ray and seconded by Commissioner Holland, and unanimously
approved by the Court that Kerr County lease to Kerrville Little
League, Inc. the property described in said Ground Lease
Agreement at Exhibit "A" thereto and upon the terms and
conditions and for the consideration therein set forth in the
Ground Lease Agreement and that the County Judge of Kerr County
is hereby authorized to execute the Ground Lease Agreement on
behalf of Kerr County, provided and it is further ordered that
Kerr County assumes no liability or responsibility for the use or
maintenance of the land or improvements placed or to be placed on
said land as more particularly described in said Ground Lease
Agreement except as therein specifically provided in said Ground
Lease Agreement; and that Kerrville Little League, Inc. shall be
permitted to remove any and all improvements from the premises at
any time subject to the restoration of the premises to the
original condition. /"\ \)))\I
THE STATE OF TEXAS
*
COUNTY OF KERR
This instrument was acknowledged before me this the //~~
day of ~,g,{"~u~~cz~ , 1987, by DANNY R. EDWARDS, COUNTY JUDGE of
KERR COUNTY, TEX on behalf of sainnd Cou99nty. \\
My Commission Expires: ~? ,./Jd-?(~Y~ Ct ~ ~~gx) n~~l
Q_/~ ~ q ~ Notary Public, State of Texas
"~ ".,
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1
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LITTLE.KER/HRJ/es/2-11-87
EXHIBIT "A"
GROUND
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF KERR
THIS LEASE AGREEMENT, made and entered into as of this the 9th
day of February, 1987, between KERR COUNTY, hereinafter referred to
as "Lessor" and KERRVILLE LITTLE LEAGUE, INC., hereinafter referred
to as "Lessee", without regard to number or gender,
W I T N E S S E T H:
1. Leased Property: In consideration of the benefits provided
by little league baseball to the residents of Kerr County, Texas and
of the covenants and agreements hereinafter reserved and contained on
the part of Lessee to be observed and performed, the Lessor demises
and leases to the Lessee and the Lessee rents from Lessor, under the
terms and conditions set forth in this lease (hereinafter sometimes
referred to as "Agreement") those certain premises being a certain
3.95 acre tract of land, situated in Kerr County, Texas and being
out of Survey 110, Thomas N. Mentor, Abstract 248 as more
particularly described by metes and bounds in Exhibit "A" hereto
which is incorporated herein for all purposes ("Leased Property").
2. Use: The Leased Property shall be used solely for little
league baseball fields and other activities incident thereto. Lessee
shall not perform any acts or carry on any practice which may injure
the Leased Property, or use the Leased Property for any business or
purpose which violates any law, statute, ordinance, rule or
regulation of any governmental authority having jurisdiction over
the Leased Property. Lessee makes no representations or warranties
concerning whether the uses set forth in this paragraph violate any
such law, statute, ordinance, rule or regulation.
3. A. Term: Subject to and upon the conditions set forth
herein, or in any exhibit or addendum hereto, the term of this lease
shall commence on the 9th day of February, 1987, and shall end on the
9th day of February, 2012.
B. Option: Lessee shall have the option of renewing the term
of this lease from the expiration date hereof upon such terms,
conditions and consideration as Lessor and Lessee shall mutually
agree. Lessee must provide written notice to Lessor of its intent to
exercise said option no later than 180 days prior to the expiration
of this lease. In the event Lessor gives written notice to Lessee
prior to the expiration of this Lease that Lessor intends to use the
Leased Property for its governmental needs, then and in such event
Lessee's option shall become null and this Lease will expire on
February 9, 2012.
4. Rent: A. Lessee shall pay rent to Lessor equal to the sum
of One ($1.00) Dollar per year with the first such annual installment
of rent being due February 9, 1987 and continuing regularly annually
thereafter until the termination of this Lease.
5. Property Taxes: Lessor shall pay, if any shall become due
and payable, all real property taxes, assessments and charges which
may be levied or assessed by any lawful authority against the land
and improvements thereon.
6. Utilities: Lessee agrees to pay all deposits for utilities
and to pay all utility bills in a prompt and timely manner during the
term of this lease.
7. Quiet Enjoyment: Lessor warrants that it has full right to
execute and to perform this lease and to grant the estate demised
herein and that Lessee, upon performing the terms, conditions,
covenants and agreements herein contained, shall peaceably and
1
quietly have, hold and enjoy the leased property during the full term
of this lease and any extension or renewal hereof.
8. Repairs and Maintenance and Restoration:
A. Lessee's Dutv to Maintain and Repair: At all times during
the term of this lease, Lessee will keep and maintain, or cause to be
kept and maintained, all buildings and improvements which may be
erected on the Leased Property in a good state of appearance and
repair, reasonable wear and tear excepted, at Lessee's own expense.
B. Damaae or Destruction. In the event any building or
improvement constructed on the leased property is damaged or
destroyed by fire or any other casualty, regardless of the extent of
such damage or destruction, Lessee shall, within one year from the
date of such damage or destruction, begin to repair, reconstruct, or
replace the damaged or destroyed building or improvement and pursue
the repair, reconstruction, or replacement with reasonable diligence
so that the building shall be restored to substantially the condition
it was in prior to the happening of the casualty; provided, however,
that if commencement or completion of this restoration is prevented
or delayed by reason of war, civil commotion, acts of God, strikes,
governmental restrictions or regulations, or interferences, fire or
other casualty, or any other reason beyond the control of Lessee,
whether similar to any of those enumerated or not, the time for
commencing or completing, or both, of the restoration will
automatically be extended for the period of each such delay.
C. Waste: Lessee shall not commit or allow any waste or damage
to be committed on any portion of the leased property, and at the
termination of this lease, by lapse of time or otherwise, lessee
shall deliver said leased property to Lessor in as good condition as
at date of possession of Lessee, ordinary wear and tear excepted.
9. Assignment of Lease: Lessee shall not have the right to
assign this lease or to sublet the whole or any part of the leased
property without prior written consent of Lessor. Lessee shall at
all times remain fully responsible and liable for compliance with all
of its obligations under the terms, provisions, and covenants
of this lease, and it shall not be necessary for Lessor to join any
such sub-lease or assignee hereof in any action by Lessor against
Lessee resulting from default by such sub-lease or assignee under the
terms of this lease agreement. Upon the occurrence of any "event of
default" as hereinafter defined, if the leased property or any part
thereof are then assigned or sublet, Lessor, in addition to any other
remedies herein provided by law, may at its option, collect directly
from such assignee or subtenant all rents becoming due to lessee
under such assignment or sublease and apply such rent against any
sums due to it by Lessee hereunder and no such connection shall be
construed to constitute a novation or a release of Lessee from the
further performance of its obligations hereunder.
10. Construction By Lessee:
A. General Conditions: Lessee shall have the right at any time
and from time to time during the term of this lease, to erect,
maintain, alter, remodel, reconstruct, rebuild, replace, and remove
buildings and other improvements on the leased premises, and correct
and change the contour of the leased premises, subject to the
following general conditions:
(i) The cost of any such work shall be borne and paid for by
Lessee, except that Lessor agrees to provide grading
services to initially remove all ground cover in the
locations where Lessee intends to construct improvements
and to further provide grading services to Lessee's parking
lot from time to time as such services are needed.
(ii) The leased premises shall at all times be kept free of
mechanic's and materialmen's liens.
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(iii) Lessor shall be notified of the time of commencement and
the general nature of any such work, other than routine
maintenance of existing buildings or improvements, at the
time of commencement.
(iv) The provisions of Paragraph D concerning Lessor's approval
of plans shall be followed.
B. Easements, Dedications, Zoning, and Restrictions. Lessor
shall cooperate with Lessee concerning easements, dedications,
zoning, and restrictions of the Leased Property as follows:
(i) Easements and Dedications. In order to provide for the
more orderly development of the Leased Property, it may be
necessary, desirable, or required that street, water,
sewer, drainage, gas, power lines, and other easements and
dedications and similar rights be granted or dedicated over
or within portions of the Leased Property. Lessor shall,
on request of Lessee, join with Lessee in executing and
delivering such documents, from time to time, and
throughout the term of this lease, as may be appropriate,
necessary, or required by the several governmental
agencies, public utilities, and companies for the purpose
of granting such easements and dedications.
(ii) Zoning. In the event that Lessee deems it necessary or
appropriate to obtain use, zoning, or subdivision and
precise plan approval and permits for the Leased Property
or any part of them, Lessor agrees to execute such
documents, petitions, applications, and authorizations as
are appropriate or required to submit the Leased Property
or any part of them, for the purposes of obtaining
conditional use permits, zoning and rezoning, tentative and
final tract approval, precise plan approval, and further,
for the purposes of annexation to or the creation of
districts and governmental subdivisions. Lessor shall
execute these documents from time to time as requested by
Lessee.
(iii) Expenses. The cost and expense of any action required of
Lessor under Subsections (i) and (ii) above shall be borne
solely by Lessee.
(iv) Lessee as Lessor's Agent. Lessor appoints Lessee as
Lessor's attorney in fact and agent (to be irrevocable so
long as this lease remains in full force and effect, which
shall be deemed to be a power coupled with an interest) to
execute and deliver and to record any documents which may
be appropriate, necessary, or required under Subsections
(i) and (ii) above, in the name of Lessor, and any such
execution and delivery and recordation may be relied on by
any third person.
C. Commencement of Construction: Lessee expects to commence
construction of two little league baseball diamonds, concession
stand, public bathroom facilities, and parking lot ("Improvements"),
within 30 days after possession is delivered to Lessee or after
issuance of all necessary permits and other authorizations, whichever
is later.
D. Lessor's Approval of Plans. Lessor's approval of
construction, additions, and alterations of buildings or other
improvements on the Leaesd Property shall be governed by the
following provisions:
(i) Submission of Plans. Lessee shall, at its own expense,
engage a licensed architect or engineer to prepare plans
and specifications for the construction of the Improvements
or for the construction of any other buildings or
3
improvements or additions or alterations to any buildings
or improvements which require Lessor's approval. Lessee
shall submit three copies of detailed working drawings,
plans, and specifications for the construction of the
Improvements to Lessor for approval. If Lessee wishes to
construct any other buildings or improvements or make any
additions or alterations to buildings or improvements for
which the approval of Lessor is required, Lessee must
submit three copies of detailed working drawings, plans,
specifications for any such projects for Lessor's approval
prior to commencement of the project.
(ii) Approval by Lessor. Lessor will promptly review and
approve all plans submitted pursuant to Subsection (ii)
above or note in writing any required changes or
corrections which must be made to the plans. Any required
changes or corrections must be made and the plans
resubmitted to Lessor within thirty days after the
corrections or changes have been noted. Failure of Lessor
to object to such resubmitted plans and specifications
within thirty days shall constitute Lessor's approval of
the changes. Minor changes in work or materials, not
affecting the general character of the building project,
may be made at any time without the approval of Lessor, but
a copy of the altered plans and specifications shall be
furnished to Lessor.
(iii) Exception to Lessor's Approval. The following items do not
require submission to, and approval by, Lessor:
ii. Such minor repairs and alterations as may be necessary
to maintain existing structures and improvements in a
useful state of repair and operation.
ii. Such changes and alterations as are required by an
authorized public official having authority or jurisdiction
over such buildings or improvements in order to comply with
legal requirements.
(iv) Effect of Approval. The approval by Lessor of any plans
and specifications applies only to the conformity of such
plans and specifications to the general architectural plan
for the Leased Property, and such approval shall not be
witheld unreasonably. Lessor's approval does not
constitute approval of the architectural or engineering
design, and Lessor, by approving such plans and
specifications, assumes no liability or responsibility for
the architectural or engineering design or for any defect
in any building or improvement constructed from the plans
or specifications.
E. Ownership of Buildings, Improvements, and Fixtures. Any and
all buildings, improvements, additions, alterations, fixtures,
furniture and trade fixtures, constructed, placed, or maintained on
any part of the Leased Property during the lease term shall remain
the property of Lessee on termination of this lease.
F. Riaht to Remove Improvements. Lessee shall have the right
at any time during Lessee's occupancy of the Leased Property or
within a reasonable time thereafter, to remove any and all buildings,
improvements, additions, alterations, fixtures, furniture, machinery,
equipment, or other trade fixtures, owned or placed by Lessee, its
sublessees or licensees, in, under, or on the Leased Property, or
acquired by Lessee, whether before or during the lease term, but
prior to the termination of the lease Lessee must repair any damage
to the Leased Property resulting from the removal of the
Improvements. Any such items which are not removed within 120 days
after the termination date of the lease shall become the property of
Lessor as of that date.
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11. Usage and Voiding Insurance: Lessee shall not occupy or
use, or permit any portion of the leased property to be occupied or
used for any business or purpose which is unlawful, disreputable or
deemed by Lessor to be extra hazardous on account of fire.
12. Encumbrance of Leasehold Estate:
A. Lessee's Right to Encumber: Lessee may, at any time and
from time to time, encumber the leasehold interest, by deed of trust,
mortgage, or other security instrument, without obtaining the consent
of Lessor, but no such encumbrance shall constitute a lien on the fee
title of Lessor, and the indebtedness secured by the encumbrance
shall at all times be and remain inferior and subordinate to all the
conditions, covenants, and obligations of this lease and to all of
the rights of Lessor under this lease. References in this lease to
"Lender" refer to any person or entity to whom Lessee has encumbered
its leasehold interest.
B. Notices to Lender: At any time after execution and
recordtion in Kerr County, Texas, of any mortgage or deed of trust
encumbering Lessee's leasehold interest, Lender may notify Lessor in
writing that the mortgage or deed of trust has been given and
executed by Lessee and furnish Lessor with the address to which it
desires copies of notices to be mailed, or designate some person or
corporation in the City of Kerrville Texas, as its agent and
respresentative for the purpose of receiving copies of notices.
Lessor must mail to Lender and to any agent or representative
designated by Lender, at the addresses given, duplicate copies of all
written notices which Lessor gives or serves on Lessee under and
pursuant to the terms and provisions of this lease after the receipt
of such a notice from Lender.
C. Lender's Consent Required for Modification. Lessor and
Lessee agree that they will neither modify nor terminate this lease
by mutual consent without the written consent of Lender.
D. Right of Lender to Prevent Forfeiture. Lender may do any
act or thing required of Lessee to prevent forfeiture of Lessee's
leasehold interest, and all such acts or things done and performed
shall be as effective to prevent a forfeiture of Lessee's rights
under this lease as if done by Lessee.
E. Right of Lender to Foreclose. Lender may realize on the
security afforded by the leasehold estate by exercising foreclosure
proceedings or power of sale or other remedy afforded in law or
equity or by the security documents and may transfer, convey, or
assign the title of Lessee to the leasehold estate created by this
lease to any purchaser at any such foreclosure sale, and may acquire
and succeed to the interest of Lessee under this lease by virtue of
any such foreclosure sale. Lender shall not be or become liable to
Lessor as an assignee of this lease or otherwise unless it expressly
assumes by written instrument such liability, and no assumption shall
be inferred from or result from foreclosure or other appropriate
proceedings in the nature of foreclosure or as the result of any
other action or remedy provided for by such mortgage or deed of trust
or other instrument or from a conveyance from Lessee pursuant to
which the purchaser at foreclosure or grantee shall acquire the
rights and interest of Lessee under the terms of this lease.
13. Compliance with Laws: Lessee shall comAly with all
laws, ordinances, orders, rules and regulations (state, federal,
municipal and other agencies or bodies having any jurisdiction
thereof) relating to the use, condition or occupancy of the leased
property.
14. Mechanic's Liens: Lessee shall not cause or permit any
mechanics' liens or other liens to be filed against the fee of the
Leased Property or against Lessee's leasehold interest in the land or
any buildings or improvements on the leased premises by reason of any
work, labor, services, or materials supplied or claimed to have been
5
.. ~ .~.... .. ~.. ..- - -..-~-..-... .._.-.cam ... +'~:.. .^..-i-._. .°n.. '. ......Gt A..'.iL:..'W'::~
supplied to Lessee or to anyone holding the Leased Property or any
part of them through or under Lessee. If such a mechanic's lien or
materialman's lien is recorded against the Leased Property or any
buildings or improvements on the premises, Lessee shall either cause
the same to be removed or, if Lessee in good faith desires to
contest the lien, take timely action to do so, at Lessee's sole
expense. If Lessee contests the lien, Lessee agrees to indemnify
Lessor and hold Lessor harmless from all liability for damages
occasioned by the lien or the lien contest and shall, in the event of
a judgment of foreclosure on the lien, cause the lien to be
discharged and removed prior to execution of the judgment.
15. Liability of Lessor and Lessee: The Lessor shall not be
liable to Lessee or to Lessee's employees, patrons, or visitors, for
any damage to person or property, caused by the act of negligence of
any other tenant of said demised premises, or due to the building on
said premises or any appurtenances thereof being improperly
constructed, or being or becoming out of repair, nor for any damages
from any defects or want of repair of any part of the building of
which the leased property form a part, but the Lessee accepts such
premises as suitable for the purposes for which same are leased and
accepts the building and each and every appurtenance thereof, and
waives defects therein and agrees to hold the Lessor harmless from
all claims for any such damage.
16. Condemnation and Loss or Damage: If the leased property
shall be taken or condemned in whole or in part for any public
purposes, this lease shall, at the option of the other party,
forthwith cease and termination; and Lessor or Lessee shall not be
liable or responsible to each other for any loss or damage to any
property or person occasioned by theft, fire, act of God, public
enemy, injunction, riot, strike, insurrection, war, Court Order,
requisition or order of government body or authority beyond the
control of Lessor or Lessee, as the case may be, or for any damage or
inconvenience which may arise through repair or alterations of any
part of the Building, or failure to make any such repairs, or from
any cause whatever, unless caused solely by Lessor's or Lessee's
gross negligence, as the case may be, except as may be herein
otherwise expressly provided.
17. Holding Over: In the event of holding over by Lessee after
the expiration or termination of this lease, such hold over shall
operate and be construed as a tenancy from month to month and all of
the terms and provisions of this lease shall be applicable during
such period, and Lessee will vacate said premises and deliver the
same to Lessor upon Lessee's receipt of notice from Lessor to vacate
said premises. No holding over by Lessee, whether with or without
consent of Lessor, shall operate to extend this lease except as
herein provided.
18. Liability Insurance: At all times during the term of this
lease, Lessee shall provide and keep in force during the term of this
lease, liability insurance covering Lessor and Lessee for liability
for property damage and personal injury. This insurance shall be
carried by one or more insurance companies duly authorized to
transact business in Texas, selected by Lessee and approved by
Lessor, and shall be paid for by Lessee. The insurance provided
pursuant to this section shall be in the amount of not less than
$100,000.00 for property damage and not less than $300,000.00 for one
person and $1,000,000.00 for one accident for personal injury.
Lessee shall cause Lessor to be named as an additional insured on
such policy of insurance and such insurance shall protect Lessor and
Lessee against liablity to any employees or servants of Lessee and to
any other person or persons whose property damage or personal injury
arises out of or in connection with the occupation, use, or condition
of the Leased Property.
19. Abandonment: In the event the leased property is abandoned
by Lessee, Lessor shall have the right, but not the obligation, to
relet the same for the remainder of the term provided for herein, and
6
if the rent received through such reletting does not at least equal
the rent provided for herein, Lessee shall pay and satisfy any
deficiency between the amount of the rent so provided for and that
received through reletting, and, in addition thereto, shall pay all
expenses incurred in connection with any such reletting, including,
but not limited to, the cost of renovating, altering and decorating
for a new occupant. Nothing herein shall be construed as in any way
denying Lessor the right in the event of abandonment of said premises
or other breach of this Agreement by Lessee, to treat the same as an
entire breach and at Lessor's option immediately sue for the entire
breach of this Agreement and any and all damages which Lessor suffers
thereby. In the event Lessee should desire to terminate this lease
prior to expiration of the primary term, Lessee at Lessor's option,
may pay the balance of the rent due under the lease agreement and
receive a written release of all liability under the terms of this
lease agreement.
20. Default by Lessee: Default on the part of the Lessee in
keeping or performing any term, covenant or condition of this
lease, and Lessee's failure to correct the default within thirty (30)
days after receipt of condition notice from Lessor to Lessee and any
Lender as required by Paragraph 12B, shall authorize Lessor, at his
option, to declare this lease terminated, and upon the occurrence of
any one or more of such defaults, Lessor immediately or at any time
thereafter, may re-enter said premises and remove all persons
therefrom with or without legal process, and without prejudice to any
of his other legal rights and all claims for damages by reason of
such re-entry are expressly waived, as also are all claims for
damages by reason of any distress warrants or proceedings by way of
sequestration which Lessor may employ or recover said rents or
possession of said premises; provided, that Lessor shall not have the
right to declare this lease terminated, if within thirty (30) days
after notice of any default, Lessee corrects same.
21. Bankruptcy by Lessee: If voluntary bankruptcy proceedings
are instituted by Lessee, or if Lessee is adjudged bankrupt, or if
Lessee makes an assignment for the benefit of its creditors, or if
execution is issued against it, or if the interest of Lessee here-
under passes by operation of law to any person other than lessee,
this lease may, at the option of Lessor, be terminated by notice
mailed by certified mail and addressed to Lessee.
22. Waiver of Breach: Failure of Lessor to declare any default
immediately upon occurrence thereof, or delay in taking any action in
connection therewith, shall not waive such default, but Lessor shall
have the right to declare any such default at any time and take such
action as might be lawful or authorized hereunder, either in law or
in equity.
23. Attorney's Fees: In the event Lessee makes default in the
performance of any of the terms, covenants, agreements or conditions
contained in this lease and Lessor places the enforcement of this
lease, or any part thereof, or the collection of any rent due, or to
become due hereunder, or recovery of the possession of the leased
property in the hands of an attorney, or files this suit upon the
same, Lessee agrees to pay Lessor reasonable attorney's fees for the
services of such attorneys.
24. Waiver of Subrogation: Anything in this lease to the
contrary notwithstanding, the parties hereto hereby waive any and all
rights of recovery, claim, action or cause of action, against each
other, their agents, officers, and employees, for any loss or damage
that may occur to the property hereby demised, or any improvements
thereto, or said Building of which the demised property are a part,
or any improvements thereto, by reason of fire, the elements, or any
other cause which could be insured against under the terms of
standard fire and extended coverage insurance policies, regardless
of cause or origin, including negligence of the parties hereto, their
agents, officers and employees.
7
25. Hold Harmless: Lessor shall not be liable to Lessee's
employees, agents, invitees, licensees or visitors, or to any other
person whomsoever, for an injury to person or damage to property on
or about the demised property, cause by the negligence or misconduct
of Lessee, its agents, servants or employees, or of any person
entering upon the property under express or implied invitation by
Lessee, or caused by the buildings and improvements located on the
property becoming out of repair, or caused by leakage of gas, oil,
water or steam or by electricity emanating from the property, or due
to any other cause whatsoever, and Lessee agrees to indemnify Lessor
and hold it harmless for any loss, expense, or claims arising out of
any such damage or injury. Any liability insurance which may be
carried by Lessor or Lessee with respect to the demised property
shall be for the sole benefii of the party carrying such insurance
and under its sole control except as to the contrary herein provided.
26. Warranty of Title: Lessor hereby represents and warrants
that it is the owner in fee simple absolute of the Leased Property
described in Exhibit "A".
27. Notice: Any notice or document required or permitted to be
delivered hereunder shall be deemed to be delivered (whether or not
actually received) when deposited in the United States Mail, postage
prepaid, Certified Mail, Return Receipt Requested, addressed to the
parties hereto at the respective addresses set out opposite their
names below, or at such other address as they have heretofore
specified by written notice delivered in accordance herewith.
LESSOR:
c/o Kerr County
Commissioner's Court
Kerr County Courthouse
Kerrville, Texas 78028
28. General-
LESSEE:
P. O. Box 1578
Kerrville, Texas 78028
with copy to:
H. Ritman Jons
P. O. Box 472
Kerrville, Texas 78029
a. This lease shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal represen-
tatives, successors and assigns.
b. This agreement may not be altered, changed or amended,
except by an instrument in writing, signed by both parties hereto.
c. Lessor shall have the right to transfer and assign, in
whole or in part, all of its rights and obligations hereunder in the
Leased Property referred to herein subject, however to the terms and
conditions of this Lease.
8
IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto
execute this agreement this day of February, 1987, but
effective the 9th day of February, 1987.
THE STATE OF TEXAS
*
COUNTY OF KERR
LESSOR:
KERB COUNTY
By:
Danny R. Edwards, County Judge
LESSEE:
KERRVILLE LITTLE LEAGUE, INC.
By:
Yvonne Helwig, President
This instrument was acknowledged before me on this day
of 1987, by DANNY R. EDWARDS, COUNTY JUDGE of KERR
COUNTY, on behalf of said County.
My Commission Expires:
Notary Public, State of Texas
THE STATE OF TEXAS
*
COUNTY OF KERR
This instrument was acknowledged before me on this day
of , 1987, by YVONNE HELWIG, President of KERRVILLE
LITTLE LEAGUE, INC., on behalf of said league.
My Commission Expires:
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
H. Ritman Jons
Jons and Parker, P.C.
P. O. Box 472
Kerrville, Texas 78029
9
EXHIBIT "A"
fllC l..ll NU'P h;S U:CSCRIPT IOCJ FOR 3.95 ACRES UN LAND AT 1'HE INTk:RSECTION OF STATE HIGHWAY N0. 27
:,NU SPUI; lUi) LN KliRft CUUNTY, '1'IiXAS
d~iug al.l of .. certain tract ur parcel of land containing 3.95 acres, more or less, out of
'T'hos. N. Hinter Survey No. 110, Abstract No. 248 in Kerr County, Texas; part of that land
conveyed as 116 acres from Texas Hill Country Development Foundation, Inc. to Kerr County,
~T exas by a Warranty Deed executed the 30th day of August, 1955 and recorded in Volume 98 at
Page 588 of the Deed Records of Kerr County, Texas; and being more particularly described
by metes and hounds as follows:
flECINNING at a fence cornerpost at the intersection of the northeast right-of-way line of
State Highway No. 27 and the southeast right-of-way line of Spur 100 for the west corner
„f the herein described CracC; which point bears, approximately, 2173 ft. North and 160
It. East from the south corner of said 116 acre tract, said to be the south corner of
Survey No. ll0;
'C }1ENCE, along a fence with the occupied southeast right-of-way line of Spur 100:
N.37°21'E., 124.95 ft. to a fence anglepost; and N.34°OS'E., 295.41 ft. to a fence post
for the north corner of the herein described tract;
'THENCE, along a line of old fence posts: S.35°40'E., 151.18 ft.; S.19°19'E., 234.44 ft.;
5.24°20'E., 272.30 ft. to the east corner of the herein described tract; and 5.25°35'W.,
166.03 ft. to a point in a fence, the occupied northeast right-of-way line of State
Highway No. 27 for the south corner of the herein described tract;
THENCE, along said fence with the occupied northeast right-of-way line of State Highway
No. 27, N.48°21'W., 598.91 ft. to the PLACE OF BEGINNING.
I hereby certify that these field notes are an
accurate description of the property contained
therein as determined by a survey made on the
ground under my direction and supervision, except
no survey was made to reestablish Patent Survey
lines or corners; and that all property corners
are as stated.
Dated this 22nd day of January, 1987
Lce C. Voelkel LEE C VOELKEL
Registered Public Surveyor No. 3909 '~'•'=""""""""'
County Surveyor for Kerr County G_'v,.3909fo:.
~'i!p3~l ~d lslr"K~OGJ[°3V(~ I(~"~`,~~ • PHONE 612-257-3313 • 212 CLAY STREET, KER RVILLE, TEXAS 78028
T.ITTLE.KER/HRJ/es/2-11-87
GROUND
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF KERR
THIS LEASE AGREEMENT, made and entered into as of this the 9th
day of February, 1987, between KERR COUNTY, hereinafter referred to
as "Lessor" and KERRVILLE LITTLE LEAGUE, INC., hereinafter referred
to as "Lessee", without regard to number or gender,
W I T N E S S E T H:
1. Leased Property: In consideration of the benefits provided
by little league baseball to the residents of Kerr County, Texas and
of the covenants and agreements hereinafter reserved and contained on
the part of Lessee to be observed and performed, the Lessor demises
and leases to the Lessee and the Lessee rents from Lessor, under the
terms and conditions set forth in this lease (hereinafter sometimes
referred to as "Agreement") those certain premises being a certain
3.95 acre tract of land, situated in Kerr County, Texas and being
out of Survey 110, Thomas N. Mentor, Abstract 248 as more
particularly described by metes and bounds in Exhibit "A" hereto
which is incorporated herein for all purposes ("Leased Property").
2. Use: The Leased Property shall be used solely for little
league baseball fields and other activities incident thereto. Lessee
shall not perform any acts or carry on any practice which may injure
the Leased Property, or use the Leased Property for any business or
purpose which violates any law, statute, ordinance, rule or
regulation of any governmental authority having jurisdiction over
the Leased Property. Lessee makes no representations or warranties
concerning whether the uses set forth in this paragraph violate any
such law, statute, ordinance, rule or regulation.
3. A. Term: Subject to and upon the conditions set forth
herein, or in any exhibit or addendum hereto, the term of this lease
shall commence on the 9th day of February, 1987, and shall end on the
9th day of February, 2012.
B. Option: Lessee shall have the option of renewing the term
of this lease from the expiration date hereof upon such terms,
conditions and consideration as Lessor and Lessee shall mutually
agree. Lessee must provide written notice to Lessor of its intent to
exercise said option no later than 180 days prior to the expiration
of this lease. In the event Lessor gives written notice to Lessee
prior to the expiration of this Lease that Lessor intends to use the
Leased Property for its governmental needs, then and in such event
Lessee's option shall become null and this Lease will expire on
February 9, 2012.
4. Rent: A. Lessee shall pay rent to Lessor equal to the sum
of one ($1.00) Dollar per year with the first such annual ins~allment
of rent being due February 9, 1987 and continuing regularly annually
thereafter until the termination of this Lease.
5. Property Taxes: Lessor shall pay, if any shall become due
and payable, all real property taxes, assessments and charges which
may be levied or assessed by any lawful authority against the land
and improvements thereon.
6. Utilities: Lessee agrees to pay all deposits for utilities
and to pay all utility bills in a prompt and timely manner during the
term of this lease.
7. Ouiet Enjoyment: Lessor warrants that it has full right to
execute and to perform this lease and to grant the estate demised
herein and that Lessee, upon performing the terms, conditions,
covenants and agreements herein contained, shall peaceably and
1
quietly have, hold and enjoy the leased property during the full term
of this lease and any extension or renewal hereof.
8. Repairs and Maintenance and Restoration:
A. Lessee's Dutv to Maintain and Repair: At all times during
the term of this lease, Lessee will keep and maintain, or cause to be
kept and maintained, all buildings and improvements which may be
erected on the Leased Property in a good state of appearance and
repair, reasonable wear and tear excepted, at Lessee's own expense.
B. Damaae or Destruction. In the event any building or
improvement constructed on the leased property is damaged or
destroyed by fire or any other casualty, regardless of the extent of
such damage or destruction, Lessee shall, within one year from the
date of such damage or destruction, begin to repair, reconstruct, or
replace the damaged or destroyed building or improvement and pursue
the repair, reconstruction, or replacement with reasonable diligence
so that the building shall be restored to substantially the condition
it was in prior to the happening of the casualty; provided, however,
that if commencement or completion of this restoration is prevented
or delayed by reason of war, civil commotion, acts of God, strikes,
governmental restrictions or regulations, or interferences, fire or
other casualty, or any other reason beyond the control of Lessee,
whether similar to any of those enumerated or not, the time for
commencing or completing, or both, of the restoration will
automatically be extended for the period of each such delay.
C. Waste: Lessee shall not commit or allow any waste or damage
to be committed on any portion of the leased property, and at the
termination of this lease, by lapse of time or otherwise, lessee
shall deliver said leased property to Lessor in as good condition as
at date of possession of Lessee, ordinary wear and tear excepted.
9. Assignment of Lease: Lessee shall not have the right to
assign this lease or to sublet the whole or any part of the leased
property without prior written consent of Lessor. Lessee shall at
all times remain fully responsible and liable for compliance with all
of its obligations under the terms, provisions, and covenants
of this lease, and it shall not be necessary for Lessor to join any
such sub-lease or assignee hereof in any action by Lessor against
Lessee resulting from default by such sub-lease or assignee under the
terms of this lease agreement. Upon the occurrence of any "event of
default" as hereinafter defined, if the leased property or any part
thereof are then assigned or sublet, Lessor, in addition to any other
remedies herein provided by law, may at its option, collect directly
from such assignee or subtenant all rents becoming due to lessee
under such assignment or sublease and apply such rent against any
sums due to it by Lessee hereunder and no such connection shall be
construed to constitute a novation or a release of Lessee from the
further performance of its obligations hereunder.
10. Construction By Lessee:
A. General Conditions: Lessee shall have the right at any time
and from time to time during the term of this lease, to erect,
maintain, alter, remodel, reconstruct, rebuild, replace, and remove
buildings and other improvements on the leased premises, and correct
and change the contour of the leased premises, subject to the
following general conditions:
(i) The cost of any such work shall be borne and paid for by
Lessee, except that Lessor agrees to provide grading
services to initially remove all ground cover in the
locations where Lessee intends to construct improvements
and to further provide grading services to Lessee's parking
lot from time to time as such services are needed.
(ii) The leased premises shall at all times be kept free of
mechanic's and materialmen's liens.
2
(iii) Lessor shall be notified of the time of commencement and
the general nature of any such work, other than routine
maintenance of existing buildings or improvements, at the
time of commencement.
(iv) The provisions of Paragraph D concerning Lessor's approval
of plans shall be followed.
B. Easements Dedications, Zoning, and Restrictions. Lessor
shall cooperate with Lessee concerning easements, dedications,
zoning, and restrictions of the Leased Property as follows:
(i) Easements and Dedications. In order to provide for the
more orderly development of the Leased Property, it may be
necessary, desirable, or required that street, water,
sewer, drainage, gas, power lines, and other easements and
dedications and similar rights be granted or dedicated over
or within portions of the Leased Property. Lessor shall,
on request of Lessee, join with Lessee in executing and
delivering such documents, from time to time, and
throughout the term of this lease, as may be appropriate,
necessary, or required by the several governmental
agencies, public utilities, and companies for the purpose
of granting such easements and dedications.
(ii) Zoning. In the event that Lessee deems it necessary or
appropriate to obtain use, zoning, or subdivision and
precise plan approval and permits for the Leased Property
or any part of them, Lessor agrees to execute such
documents, petitions, applications, and authorizations as
are appropriate or required to submit the Leased Property
or any part of them, for the purposes of obtaining
conditional use permits, zoning and rezoning, tentative and
final tract approval, precise plan approval, and further,
for the purposes of annexation to or the creation of
districts and governmental subdivisions. Lessor shall
execute these documents from time to time as requested by
Lessee.
(iii) Expenses. The cost and expense of any action required of
Lessor under Subsections (i) and (ii) above shall be borne
solely by Lessee.
(iv) Lessee as Lessor's Agent. Lessor appoints Lessee as
Lessor's attorney in fact and agent (to be irrevocable so
long as this lease remains in full force and effect, which
shall be deemed to be a power coupled with an interest) to
execute and deliver and to record any documents which may
be appropriate, necessary, or required under Subsections
(i) and (ii) above, in the name of Lessor, and any such
execution and delivery and recordation may be relied on by
any third person.
C. Commencement of Construction: Lessee expects to commence
construction of two little league baseball diamonds, concession
stand, public bathroom facilities, and parking lot ("Improvements"),
within 30 days after possession is delivered to Lessee or after
issuance of all necessary permits and other authorizations, whichever
is later.
D. Lessor's Approval of Plans. Lessor's approval of
construction, additions, and alterations of buildings or other
improvements on the Leaeed Property shall be governed by the
following provisions:
(i) Submission of Plans. Lessee shall, at its own expense,
engage a licensed architect or engineer to prepare plans
and specifications for the construction of the Improvements
or for the construction of any other buildings or
3
improvements or additions or alterations to any buildings
or improvements which require Lessor's approval. Lessee
shall submit three copies of detailed working drawings,
plans, and specifications for the construction of the
Improvements to Lessor for approval. If Lessee wishes to
construct any other buildings or improvements or make any
additions or alterations to buildings or improvements for
which the approval of Lessor is required, Lessee must
submit three copies of detailed working drawings, plans,
specifications for any such projects for Lessor's approval
prior to commencement of the project.
(ii) Approval by Lessor. Lessor will promptly review and
approve all plans submitted pursuant to Subsection (ii)
above or note in writing any required changes or
corrections which must be made to the plans. Any required
changes or corrections must be made and the plans
resubmitted to Lessor within thirty days after the
corrections or changes have been noted. Failure of Lessor
to object to such resubmitted plans and specifications
within thirty days shall constitute Lessor's approval of
the changes. Minor changes in work or materials, not
affecting the general character of the building project,
may be made at any time without the approval of Lessor, but
a copy of the altered plans and specifications shall be
furnished to Lessor.
(iii) Exception to Lessor's Approval. The following items do not
require submission to, and approval by, Lessor:
ii. Such minor repairs and alterations as may be necessary
to maintain existing structures and improvements in a
useful state of repair and operation.
ii. Such changes and alterations as are required by an
authorized public official having authority or jurisdiction
over such buildings or improvements in order to comply with
legal requirements.
(iv) Effect of Approval. The approval by Lessor of any plans
and specifications applies only to the conformity of such
plans and specifications to the general architectural plan
for the Leased Property, and such approval shall not be
witheld unreasonably. Lessor's approval does not
constitute approval of the architectural or engineering
design, and Lessor, by approving such plans and
specifications, assumes no liability or responsibility for
the architectural or engineering design or for any defect
in any building or improvement constructed from the plans
or specifications.
E. Ownership of Buildings, Improvements, and Fixtures. Any and
all buildings, improvements, additions, alterations, fixtures,
furniture and trade fixtures, constructed, placed, or maintained on
any part of the Leased Property during the lease term shall remain
the property of Lessee on termination of this lease.
F. Rioht to Remove Improvements. Lessee shall have the right
at any time during Lessee's occupancy of the Leased Property or
within a reasonable time thereafter, to remove any and all buildings,
improvements, additions, alterations, fixtures, furniture, machinery,
equipment, or other trade fixtures, owned or placed by Lessee, its
sublessees or licensees, in, under, or on the Leased Property, or
acquired by Lessee, whether before or during the lease term, but
prior to the termination of the lease Lessee must repair any damage
to the Leased Property resulting from the removal of the
Improvements. Any such items which are not removed within 120 days
after the termination date of the lease shall become the property of
Lessor as of that date.
4
11. Usage and Voiding Insurance: Lessee shall not occupy or
use, or permit any portion of the leased property to be occupied or
used for any business or purpose which is unlawful, disreputable or
deemed by Lessor to be extra hazardous on account of fire,
12. Encumbrance of Leasehold Estate:
A. Lessee's Right to Encumber: Lessee may, at any time and
from time to time, encumber the leasehold interest, by deed of trust,
mortgage, or other security instrument, without obtaining the consent
of Lessor, but no such encumbrance shall constitute a lien on the fee
title of Lessor, and the indebtedness secured by the encumbrance
shall at all times be and remain inferior and subordinate to all the
conditions, covenants, and obligations of this lease and to all of
the rights of Lessor under this lease. References in this lease to
"Lender" refer to any person or entity to whom Lessee has encumbered
its leasehold interest.
B. Notices to Lender: At any time after execution and
recordtion in Kerr County, Texas, of any mortgage or deed of trust
encumbering Lessee's leasehold interest, Lender may notify Lessor in
writing that the mortgage or deed of trust has been given and
executed by Lessee and furnish Lessor with the address to which it
desires copies of notices to be mailed, or designate some person or
corporation in the City of Kerrville Texas, as its agent and
respresentative for the purpose of receiving copies of notices.
Lessor must mail to Lender and to any agent or representative
designated by Lender, at the addresses given, duplicate copies of all
written notices which Lessor gives or serves on Lessee under and
pursuant to the terms and provisions of this Lease after the receipt
of such a notice from Lender.
C. Lender's Consent Required for Modification. Lessor and
Lessee agree that they will neither modify nor terminate this lease
by mutual consent without the written consent of Lender.
D. Right of Lender to Prevent Forfeiture. Lender may do any
act or thing required of Lessee to prevent forfeiture of Lessee's
leasehold interest, and all such acts or things done and performed
shall be as effective to prevent a forfeiture of Lessee's rights
under this lease as if done by Lessee.
E. Right of Lender to Foreclose. Lender may realize on the
security afforded by the leasehold estate by exercising foreclosure
proceedings or power of sale or other remedy afforded in law or
equity or by the security documents and may transfer, convey, or
assign the title of Lessee to the leasehold estate created by this
lease to any purchaser at any such foreclosure sale, and may acquire
and succeed to the interest of Lessee under this lease by virtue of
any such foreclosure sale. Lender shall not be or become liable to
Lessor as an assignee of this lease or otherwise unless it expressly
assumes by written instrument such liability, and no assumption shall
be inferred from or result from foreclosure or other appropriate
proceedings in the nature of foreclosure or as the result of any
other action or remedy provided for by such mortgage or deed of trust
or other instrument or from a conveyance from Lessee pursuant to
which the purchaser at foreclosure or grantee shall acquire the
rights and interest of Lessee under the terms of this lease.
13. Compliance with Laws: Lessee shall comply with alI
laws, ordinances, orders, rules and regulations (state, federal,
municipal and other agencies or bodies having any jurisdiction
thereof) relating to the use, condition or occupancy of the leased
property.
14. Mechanic's Liens: Lessee shall not cause or permit any
mechanics' liens or other liens to be filed against the fee of the
Leased Property or against Lessee's leasehold interest in the land or
any buildings or improvements on the leased premises by reason of any
work, labor, services, or materials supplied or claimed to have been
5
supplied to Lessee or to anyone holding the Leased Property or any
part of them through or under Lessee. If such a mechanic's lien or
materialman's lien is recorded against the Leased Property or any
buildings or improvements on the premises, Lessee shall either cause
the same to be removed or, if Lessee in good faith desires to
contest the lien, take timely action to do so, at Lessee's sole
expense. If Lessee contests the lien, Lessee agrees to indemnify
Lessor and hold Lessor harmless from all liability for damages
occasioned by the lien or the lien contest and shall, in the event of
a judgment of foreclosure on the lien, cause the lien to be
discharged and removed prior to execution of the judgment.
15. Liability of Lessor and Lessee: The Lessor shall not be
liable to Lessee or to Lessee's employees, patrons, or visitors, for
any damage to person or property, caused by the act of negligence of
any other tenant of said demised premises, or due to the building on
said premises or any appurtenances thereof being improperly
constructed, or being or becoming out of repair, nor for any damages
from any defects or want of repair of any part of the building of
which the leased property forma part, but the Lessee accepts such
premises as suitable for the purposes for which same are leased and
accepts the building and each and every appurtenance thereof, and
waives defects therein and agrees to hold the Lessor harmless from
all claims for any such damage.
16. Condemnation and Loss or Damaae: If the leased property
shall be taken or condemned in whole or in part for any public
purposes, this lease shall, at the option of the other party,
forthwith cease and termination; and Lessor or Lessee shall not be
liable or responsible to each other for any loss or damage to any
property or person occasioned by theft, fire, act of God, public
enemy, injunction, riot, strike, insurrection, war, Court Order,
requisition or order of government body or authority beyond the
control of Lessor or Lessee, as the case may be, or for any damage or
inconvenience which may arise through repair or alterations of any
part of the Building, or failure to make any such repairs, or from
any cause whatever, unless caused solely by Lessor's or Lessee's
gross negligence, as the case may be, except as may be herein
otherwise expressly provided.
17. Holding Over: In the event of holding over by Lessee after
the expiration or termination of this lease, such hold over shall
operate and be construed as a tenancy from month to month and all of
the terms and provisions of this lease shall be applicable during
such period, and Lessee will vacate said premises and deliver the
same to Lessor upon Lessee's receipt of notice from Lessor to vacate
said premises. No holding over by Lessee, whether with or without
consent of Lessor, shall operate to extend this lease except as
herein provided.
18. Liability Insurance: At all times during the term of this
lease, Lessee shall provide and keep in force during the term of this
lease, liability insurance covering Lessor and Lessee for liability
for property damage and personal injury. This insurance shall be
carried by one or more insurance companies duly authorized to
transact business in Texas, selected by Lessee and approved by
Lessor, and shall be paid for by Lessee. The insurance provided
pursuant to this section shall be in the amount of not less than
$100,000.00 for property damage and not less than $300,000.00 for one
person and $1,000,000.00 for one accident for personal injury.
Lessee shall cause Lessor to be named as an additional insured on
such policy of insurance and such insurance shall protect Lessor and
Lessee against liablity to any employees or servants of Lessee and to
any other person or persons whose property damage or personal injury
arises out of or in connection with the occupation, use, or condition
of the Leased Property.
19. Abandonment: In the event the leased property is abandoned
by Lessee, Lessor shall have the right, but not the obligation, to
relet the same for the remainder of the term provided for herein, and
6
if the rent received through such reletting does not at least equal
the rent provided for herein, Lessee shall pay and satisfy any
deficiency between the amount of the rent so provided for and that
received through reletting, and, in addition thereto, shall pay all
expenses incurred in connection with any such reletting, including,
but not limited to, the cost of renovating, altering and decorating
for a new occupant. Nothing herein shall be construed as in any way
denying Lessor the right in the event of abandonment of said premises
or other breach of this Agreement by Lessee, to treat the same as an
entire breach and at Lessor's option immediately sue for the entire
breach of this Agreement and any and all damages which Lessor suffers
thereby. In the event Lessee should desire to terminate this lease
prior to expiration of the primary term, Lessee at Lessor's option,
may pay the balance of the rent due under the lease agreement and
receive a written release of all liability under the terms of this
lease agreement.
20. Default by Lessee: Default on the part of the Lessee in
keeping or performing any term, covenant or condition of this
lease, and Lessee's failure to correct the default within thirty (30)
days after receipt of condition notice from Lessor to Lessee and any
Lender as required by Paragraph 12B, shall authorize Lessor, at his
option, to declare this lease terminated, and upon the occurrence of
any one or more of such defaults, Lessor immediately or at any time
thereafter, may re-enter said premises and remove all persons
therefrom with or without legal process, and without prejudice to any
of his other legal rights and all claims for damages by reason of
such re-entry are expressly waived, as also are all claims for
damages by reason of any distress warrants or proceedings by way of
sequestration which Lessor may employ or recover said rents or
possession of said premises; provided, that Lessor shall not have the
right to declare this lease terminated, if within thirty (30) days
after notice of any default, Lessee corrects same.
21. Bankruptcv by Lessee: If voluntary bankruptcy proceedings
are instituted by Lessee, or if Lessee is adjudged bankrupt, or if
Lessee makes an assignment for the benefit of its creditors, or if
execution is issued against it, or if the interest of Lessee here-
under passes by operation of law to any person other than lessee,
this lease may, at the option of Lessor, be terminated by notice
mailed by certified mail and addressed to Lessee.
22. Waiver of Breach: Failure of Lessor to declare any default
immediately upon occurrence thereof, or delay in taking any action in
connection therewith, shall not waive such default, but Lessor shall
have the right to declare any such default at any time and take such
action as might be lawful or authorized hereunder, either in law or
in equity.
23. Attorney's Fees: In the event Lessee makes default in the
performance of any of the terms, covenants, agreements or conditions
contained in this lease and Lessor places the enforcement of this
lease, or any part thereof, or the collection of any rent due, or to
become due hereunder, or recovery of the possession of the leased
property in the hands of an attorney, or files this suit upon the
same, Lessee agrees to pay Lessor reasonable attorney's fees for the
services of such attorneys.
24. Waiver of Subrogation: Anything in this lease to the
contrary notwithstanding, the parties hereto hereby waive any and all
rights of recovery, claim, action or cause of action, against each
other, their agents, officers, and employees, for any loss or damage
that may occur to the property hereby demised, or any improvements
thereto, or said Building of which the demised property are a part,
or any improvements thereto, by reason of fire, the elements, or any
other cause which could be insured against under the terms of
standard fire and extended coverage insurance policies, regardless
of cause or origin, including negligence of the parties hereto, their
agents, officers and employees.
7
25. Hold Harmless: Lessor shall not be liable to Lessee's
employees, agents, invitees, licensees or visitors, or to any other
person whomsoever, for an injury to person or damage to property on
or about the demised property, cause by the negligence or misconduct
of Lessee, its agents, servants or employees, or of any person
entering upon the property under express or implied invitation by
Lessee, or caused by the buildings and improvements located on the
property becoming out of repair, or caused by leakage of gas, oil,
water or steam or by electricity emanating from the property, or due
to any other cause whatsoever, and Lessee agrees to indemnify Lessor
and hold it harmless for any loss, expense, or claims arising out of
any such damage or injury. Any liability insurance which may be
carried by Lessor or Lessee with respect to the demised property
shall be for the sole benefit of the party carrying such insurance
and under its sole control except as to the contrary herein provided.
26. Warranty of Title: Lessor hereby represents and warrants
that it is the owner in fee simple absolute of the Leased Property
described in Exhibit "A".
27. Notice: Any notice or document required or permitted to be
delivered hereunder shall be deemed to be delivered (whether or not
actually received) when deposited in the United States Mail, postage
prepaid, Certified Mail, Return Receipt Requested, addressed to the
parties hereto at the respective addresses set out opposite their
names below, or at such other address as they have heretofore
specified by written notice delivered in accordance herewith,
LESSOR:
c/o Kerr County
Commissioner's Court
Kerr County Courthouse
Kerrville, Texas 78028
28. General:
LESSEE:
P. O. Box 1578
Kerrville, Texas 78028
with copy to:
H. Ritman Jons
P. O. Box 472
Kerrville, Texas 78029
a. This lease shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal represen-
tatives, successors and assigns.
b. This agreement may not be altered, changed or amended,
except by an instrument in writing, signed by both parties hereto.
c. Lessor shall have the right to transfer and assign, in
whole or in part, all of its rights and obligations hereunder in the
Leased Property referred to herein subject, however to the terms and
conditions of this Lease.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto
execute this agreement this ~ ~ day of February, 1987, but
effective the 9th day of February, 1 87.
THE STATE OF TEXAS
*
COUNTY OF KERR
o, i rr.
'.•-•- .Th'is instrument was
• of ~ 1987,
- COUNTY, oh, half of sai
icy. Commission Expires:
THE STATE OF TEXAS
*
COUNTY OF KERR
on this ~ day
COUNTY JUDGE f KERR
No~ary Public, State of Te- x~
This instrument was acknowledged before me on this ~ ~' day
of `~'~~lo.oc~J 1987, by YVONNE HELWIG, President of KERRVILLE
LITTLE LEAGUE, INC., on behalf of saidleague. ~ p,
My Co?~mission Expires: ~~~Cu% `^'~'~'~R'~-~'
`f-Ili 8~ Notary blic, State of Texas
GINGER CORNEHL
PREPARED IN THE OFFICE OF:
H. Ritman Jons
Jons and Parker, P.C.
P. O. Box 472
Kerrville, Texas 78029
LESSOR:
LESSEE:
KERRSSVI''LLE LITTfLE~LE~AGUE, INC.
onne Helwig, Presid n~
acknowledged before me
by DANNY R. EDWARDS,
d County.
9
EXHIBIT "A"
P11LU NU'I't:5 Ur:SGRIP'CIUCJ POR 3.95 ACRES OF L4ND A'1' 'PHE INTP:RSECTION OF STATE HIGHWAY Nu. 27
+NU SPUI: 10~i LN KP:12R CuUNTY, TEXAS
Tieing all of .i certain tract ur parcel of land containing 3.95 acres, more or less, out of
Thos. N. Punter Survey No. 110, Abstract No. 248 in Kerr County, Texas; part of that land
runveyed as 116 acres Prom Texas Hill Country Development Foundation, Inc. to Kerr County,
'Pexas by a Werr+nty llecd executed the 30th day of August, 1955 and recorded in Volume 98 at
Page 588 of the Deed Records of Kerr County, Texas; and being more particularly described
by metes and bounds as follows:
iSYGINNING at a fence cornerpost at the intersection of the northeast right-of-way line of
State tiighway No. 27 and the southeast right-of-way line of Spur 100 for the west corner
of the herein described tract; which point bears, approximately, 2173 f[. North and 160
tt. East from the south corner of said 116 acre tract, said to be the south corner of
Survey No. 11 U;
TtiE NCE, along a fence with [he occupied southeast rig ht-of-way line of Spur 100:
v.37°21'E., 124.95 ft. to a fence anglepost; and N.34°05'E., 295.41 ft. to a fence post
for the north corner of the herein described tract;
'Ct1ENCE, along a line of old fence posts: 5.35°40'E., 151.18 ft.; 5.19°19'E., 234.44 ft.;
S.24°20'E., 272.30 ft. to the east corner vi the herein described tract; and 5.25°35'W.,
L6b.03 ft. to a point in a fence, the occupied northeast right-of-way line of State
Highway No. 27 for the south corner of the herein described tract;
"I'fiFNCE, along said fence with the occupied northeast right-of-way line of State Highway
Nu. 27, N.48°21'W., 598.91 ft. to the PLACE OF BEGINNING.
I hereby certify that these field notes are an
accurate description of the property contained
therein as determined by a survey made on the
ground under my direction and supervision, excepC
no survey was made to reestablish Patent Survey
lines or corners; and that all property corners
are as stated.
Dated this 22nd day of January, 1987
y~PtE~rF
...:.................
Lee C. Voelkel LEE C.VOELNEL
Registered Public Surveyor No. 3909 "oI"" 3~9•°':
County Surveyor for Kerr County G•.aF~ 1eaEO
B~/f)~i^;~Q~1 i
~~~~i~ ~~~Mn~~~` ~~~ ~'.~Nf~"/~S7~KK~ • PHONE 612-267-3313 + 212 CLAY STREET, KEFRVILLE, TEXAS 78028
~~
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DANNY R..EDWARDS
COUNTY JUDGE, KERR COUNTY
KERRVILLE, TEXAS 78028
EX OFFICIO COUNTY SCHOOL SUPERINTENDENT PHONE. 512-257-6711
March 11, 1987
RECEIVED FROM KERRVILLE LITTLE LEAGE FOR LEASE PAYMENT FOR 1987 $1.00

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ORDER NO. 17097
ORDER LEASIIIG CERTAIN PRO^ERTIES
OPINED BY i:ERR COUIITY, TEisAS
BEIIIG A PART OF THE AGRICUL-
TURAL EXHIBITIOII BUILDING
GROUNDS TO
i:ERRVILLE Lrimr,F' LEAGUE, T1dC.
2-9-07
VOL. Q, Page 361