_, --y ,`-'~ . RENEWAL/EXTENSION OF LEASE This agreement is entered into between A.P. ALLISON, hereinafter called "LESSOR", and the COUNTY OF KE13R, a political subdivision of the State of Texas, acting herein through its duly authorized representative, Danny R. Edwards, in his capacity as County Judge of Kerr County, Texas, hereinafter called "Lessee". Recitals A. The Lessor and Lessee entered into a written lease, referred to in this agreement as the "Lease" on December 30, 1987, for the premises commonly known as 323 Earl Garrett Street, Kerrville, Texas. The Lease is attached to this agreement as Exhibit "A" and is incorporated herein by referenced for all purposes. E. Lessor and Lessee desire to renew and/or extend the Lease for an additional one (1) year with an option to renew and/or extend for another one (1) year. IT IS THEREFORE AGREED: 1. This agreement shall constitute a new lease pursuant to 2.03 of the Lease. 2. This Lease is hereby renewed and extended for a term of one (1) year commencing on February 1, 1990. 3. The total rental sum will be EIGHTEEN THOUSAND NINE HUNDRED DOLLARS ($18,900.00), payable in equal monthly installments of ONE THOUSAND FIVE HUNDRED SEVENTY FIVE and NO/100 DOLLARS ($1,575.00), each in advance beginning on February 1, 1990 and continuing on the first day of each month until the total rental sum is paid in full. 4. Lessee shall have, if not default, an option to renew and/or extend the Lease, and this extension thereof, for an additional one (1) year at no increase in rent by delivering to Lessor in person or by United States mail on or before sixty (60) prior to January 31, 1991, written motice of its election to renew and/or extend. 1 5. All provisions of the Lease shall continue in full force and effect unless changed by or in conflict with this agreement. l~~ Signed this ~' day of J4Nd~/•/ 1990. LESSOR: A IS LESSEE: DANNY R~ EDWARbS Kerr Co my Judge 2 J LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF KERR § This lease agreement is made and entered into this 30th day of December, 1987, at Kerrville, Kerr County, Texas, by and between A. P. ALLISON, hereinafter called Lessor, and the COUNTY OF KERR, a political subdivision of the State of Texas, acting herein through its duly authorized representative, Danny R. Edwards, in his capacity as County Judge of Kerr County, Texas, hereinafter called Lessee. ARTICLE I DEMISE, DESCRIPTION, USE, TERM AND RENT Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain property, hereinafter called the leased premises, situated in Kerr County, Texas, and described as follows: All that certain tract or parcel of land lying and bEing situated in the County of Kerr, State of Texas, more particularly described in EXHIBIT "A" attached hereto and incorporated herein by reference for all intents and purposes as if copied herein verbatim. to be used as County business offices and uses normally incident thereto, for the term of two (2) years commencing on the earlier of (i) February 1, 1986 or (ii) upon the expiration of ten (10) days from the date of final completion of the alterations and repairs prescribed in Article IX hereof and ending two (2) years from date of commencement, at the total rental of THIRTY SIX THOUSAND AND NO/100 DOLLARS ($36,000.00), payable as speci°ied in Article III. ARTICLE II OPTION TO RENEW OR EXTEND 2.01 Terms of Option - Lessee is hereby granted and shall, if not at the time in default under this lease, have an option to renew and/or extend this lease for an additional period of two EXHIBIT "A" EAW/js/Allison/Kerr 'ounty Lease/12-29-II'i!JS',11 1 (2) years from the termination date hereof on the same terms, covenants, and conditions, and subject to the same exceptions and reservations, herein contained, except that the rental may be renegotiated by the parties, but shall in no event increase more than five percent (58). 2.02 How Exercised - This option shall be exercised by Lessee's delivering to Lessor in person or by United States mail on or before sixty (60) days prior to the end of initial lease term, written notice of its election to renew and/or extend the term of this lease as herein provided. 2.03 Execution of New Lease - In the event the Lessee shall elect to renew this lease and shall serve notice of such election, the parties hereto shall, on expiration of the term hereof, execute a new lease whereby Lessor shall lease to Lessee, and Lessee shall lease from Lessor, the leased premises herein- before described for the term of two (2) years from the date of expiration of the term hereof at the new rental fixed, but otherwise on the terms, covenants, and conditions herein con- tained, and subject to the exceptions and reservations herein set forth. ARTICLE III RENT 3.01 General Rent - Lessee agrees to and shall pay Lessor at 1214 Jackson Road, Kerrville, Kerr County, Texas 78028, or at such other place as the Lessor shall designate from time to time in writing, as rent for the leased premises, the total sum of Thirty-Six Thousand Dollars ($36,000.00), payable in equal monthly installments of ONE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($1,500.00) each in advance beginning on the date of commencement of this lease as specified in ARTICLE Z hereof and on the same day of each month thereafter until said total rental shall be paid. ARTICLE IV TAXES AND ASSESSMENTS 4.01 Payment by Lessor - Lessor shall pay and discharge -2- EAW/js/Allison/Kerr ^~unty Lease/12.29-G7/JSS11 all ad valorem real property taxes, gengFal and special assess- /ems~d ra~~se,s cWl`~ (~'Q~1/ ments in regard to the rsa~-i~-i which during the term of rtrt this lease may be levied on or assessed against the and all interests therein and all permanent improvements thereto, u,~'c~ belohy 'fib ~-e ss ol2 (/4.02 Hold Harmless Clause - Lessor agrees to and shall protect and hold harmless Lessee from liability for any and all such taxes, assessments, and charges, together with any interest, penalties, or other sums thereby imposed, and from any sale or other proceeding to enforce payment thereof. ARTICLE V INSURANCE 5.01 and 5.02 Lessor's Obligation - Lessor agrees to and shall continue to maintain the existing insurance coverage on the building for fire and casualty during the lease term. The existing insurance coverage is in the amount of Fifty Nine Thousand Five Hundred and No/100 Dollars ($59,500.00) with One Hundred and No/100 Dollars ($100.00) deductible and covers property damage only. The coverage is carried through the Royce Cotten Agency with Farmer's Insurance-Truck Exchange Policy No. 75877701. 5.03 Lessee Obligations - Lessee agrees to and shall, within ten (10) days from the date hereof, secure a good and responsible company or companies doing insurance business in the State of Texas, and maintain during the entire term of this lease, the following coverage: (1) Public liability insurance in the minimum amount of THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) for loss from an accident resulting in bodily injury to or death of one person, and ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for loss from an accident resulting in damage to or destruction of property (or such amounts as the parties may otherwise agree to in writing hereafter). 5.04 Additional Insureds - Lessor and Lessee agree that the other shall be named as an additional insured on the afore- mentioned policies of insurance. -3- GAW/js/Allison/Kerr ^ounty Lease/1Z-29-~7/JSSii _~ 5.05 Proof of Coverage - On securing the foregoing cover- ages, the parties shall each give the other written notice thereof together with a copy of the appropriate policies. 5.06 Protection Against Cancellation - Proof must also be given by each party to the other, pursuant to Paragraph 5.04 that each of the policies provided for in this article expressly provides that the policy shall not be cancelled or altered without thirty (30) days prior written. notice to the other party. 5.07 Failure to Secure - If either party at any time during the term hereof should fail to secure or maintain the foregoing insurance, the other party shall be permitted, after expiration of ten (10) days prior written notice without cure, to obtain such insurance in the defaulting party's name or as the agent of the defaulting party and shall be compensated by the defaulting party for the cost of the insurance premiums. The defaulting party shall pay the other party interest on paid insurance premiums at the rate of ten (10) percent per annum computed from the date written notice is received that the premiums have been paid. 5.08 Proceeds - Proceeds from any such policy or policies of Fire and Extended Coverage insurance shall be payable to Lessor, who shall use such proceeds to make repairs as provided below. 5.09 Fire and Casualtv Damage - If the building or other improvements on the leased premises should be damaged or de- stroyed by fire, tornado, or other casualty, Lessee shall give immediate written notice thereof to Lessor. 5.10 Total Destruction - If the building on the leased premises should be totally destroyed by fire, tornado, or other casualty, this lease shall terminate and rent shall be abated for the unexpired portion of this lease, effective as of the date of total destruction. 5.11 Partial Damage - If the building or other improve- ments on the leased premises should be damaged by fire, tornado, or other casualty, but not to such an extent that rebuilding or -4- EAW/js/Allison/kerr "aunty Lease/1~-29-87/JSS11 - _/ repairs cannot reasonably be completed within forty-five (45) working days from the date of written notification by Lessee to Lessor of the occurrence of the damage, this lease shall not terminate, but Lessor shall, at his sole cost and risk proceed forthwith to rebuild or repair such building and other improve- ments to substantially the same condition in which they existed prior to such damage. If the building and other improvements are to be rebuilt or repaired and are untenantable in whole or in part following such damage, the rent payable hereunder during the period in which they are untenantable shall be adjusted equi- tably. In the event that Lessor should ^f~a~il to complete such Fur+ ri~a ~Ns~ ~~ rebuilding or repairs within ~~ working days from the date of written notification by Lessee to Lessor of the occur- rence of the damage, Lessee may at its option, terminate this lease by written notification at such time to Lessor, whezeon aII rights and obligations hereunder shall cease. Lessee shall pay~'~}~' any and all damages caused by fire or other casualty in excess of ~"" CVI w Go~r~'D~ Caro ~Mf~ a cfieH any amounts recovered from insurance which are proven n to be caused by the negligence of Lessee or Lessee's agents, employees, guests, or invitees, and in such event no. adjustment of rent shall be made. ARTICLE VI UTILITIES 6.01 Lessee shall during the term hereof pay all charges for telephone, gas, electricity, and water used in or on the leased premises and for the removal of rubbish therefrom before they shall become delinquent and shall hold Lessor harmless from any liability therefor. ARTICLE VII WASTE AND NUISANCE 7.01 Lessee shall not commit, or suffer to be committed, any waste on the leased premises, nor shall he maintain, commit, or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose, -5- enw/js/Allison/Kerr coun~y t,cusu,:~-:.._.~ ,~.:.~~~ l ARTICLE VIII REPAIRS 8.01 Lessor's and Lessee's Duties to Repair - Lessor shall maintain and repair the leased premises in accordance with Lessor's requirements found hereafter and Lessee shall maintain and make all other repairs of the leased premises with the exception of casualty losses which are covered by Lessor's fire and extended coverage policy. 8.02 Lessor's Duty - Lessor shall repair and maintain the exterior walls and roof of the premises to include all exterior glass and doors. 8.03 Lessee's Right to Repair for Lessor or Vacate - If within thirty (30) days after Lessee's notice to Lessor of the need for repairs or maintenance which Lessor has a duty to repair, Lessor neglects to make such repairs, Lessee may repair the same himself and deduct the expenses of such repairs from the rent; or Lessee may vacate the premises, in which case he shall be discharged from further payment of rent or performance of other conditions. For purposes of this Paragraph 8.03, if Lessee makes repairs at least thirty (30) days followii.g his giving notice to Lessor, he will be presumed to have acted after a reasonable time. 8.04 Heating and Air-Conditioning Maintenance - Upon commencement of the lease Lessor warrants that the heating and air-conditioning system will be in good operating order. Lessee has inspected and accepts plumbing and electrical "as is". Lessee's obligation to maintain the heating and airconditioning systems shall be limited to routine maintenance up to and including Two Hundred Fifty and No/100 Dollars ($250.00) per repair call. Expenses for heating and air-conditioning maintenance incurred in excess of $250.00 per repair call shall be paid by Lessor. B.O5 Other Interior Maintenance - Lessee shall pay all other repair and maintenance for the interior of the leased premises at Lessee's expenses a,ecep{' For repair ~~-e»+s co~eYe~ b~/ V e55~~2 ~5 I'~rE Ned ease-Nd eA Go Jerpye police}, C ~ U -6- EAW/js/Allison/Kerr "ounty Lease/12-29-A7',T~~li ARTICLE IX ALTERATIONS, IMPROVEMENTS, AND FIXTURES 9.01 Lessee shall not alter or improve the leased premises without the prior written consent of Lessor to do so, and any and all alterations, additions, improvements, and fixtures (except trade fixtures which Lessee shall be permitted to remove from the leased premises at any time during the term hereof or within thirty (30) days after expiration or sooner termination of this lease if such removal can be effected without injury to the leased premises and if any such fixture shall not have become, by the manner in which it is affixed, an integral part of the leased premises) made or placed in or on said premises shall on expiration or sooner termination of this lease belong to Lessor without compensation to Lessee. 9.02 Permitted Alterations - Lessee is hereby given permission to make the following alterations to the leased premises, and may begin construction as of the date this lease agreement is executed: 1.) Install such electrical outlets as Lessee may deem necessary at any time during the lease term. 2. ) Erect a 3/4 height wall to create a hall as shown on the attached Exhibit "B". 3.) Erect a full wall and doorway in the rear section of the premises as shown on Exhibit "B". 4.) Place a window on the south side of the leased premises as shown on Exhibit "B". 9.03 Lessor's Alterations - Lessor hereby agrees to perform the following alterations and repairs: 1.) Install new carpet in the building of a commercially standard grade. 2.) Seal the crack located in the north wall of the storage area in the rear of the premises. 9.04 Fixtures - Lessee shall have the right at any time and from time to time during the term and any extended term hereof at his sole cost and expense, to affix and install such -7- EAw/js/Allison/Kerr County Lea:,e/:.2•~39••C7/JSS=.~ i' property and equipment to, in or on the leased premises as he shall in his sole discretion deem advisable. Any such fixtures, equipment, and other property installed in or affixed to or on the leased premises shall remain the property of Lessee, and Lessor agrees that Lessee shall have the right at any time, and from time to time, to remove any and all such fixtures, equip- ment, and other property, provided however, that any such fix- tures, equipment or property not removed from the premises within thirty (30) days after expiration of the term or extended term hereof shall be deemed to have been abandoned by Lessee and shall thereupon become the property of Lessor without compensation to Lessee. ARTICLE X COVENANTS 10.01 Covenant of Quiet Possession - Lessor shall on the commencement date of the term of this lease as hereinabove set forth, place Lessee in quiet possession of the leased premises and shall secure him in the quiet possession thereof against all persons lawfully claiming the same during the entire lease term and any extensions thereof. 10.02 Covenant Against Encumbrances - Lessor covenants that the leased premises are not subject to any lien, claim, or encumbrance. ARTICLE XI SURRENDER OF PREMISES , 11.01 Removal of Property - Lessee shall, at his own cost and expense within thirty (30) days after expiration or sooner termination of the term hereof or of any extended term hereof remove all property belonging to him and all alterations, ad- ditions, or improvements, and fixtures which by the terms hereof he is permitted to remove, repair all damage to the leased premises to the condition they were in prior to the installation of the property so removed. Any property not so removed shall be deemed to have been abandoned by Lessee and may be retained or disposed of by Lessor. -8- EAW/js/Allison/ICerr county Lease/12-29-07/JS511 - ^ ~ 11.02 Surrender - Lessee agrees to and shall, on ex- piration or sooner termination of the term hereof (or of any extended term hereof), promptly surrender and deliver the leased premises to Lessor in good condition, ordinary wear and tear (and damage by the elements, fire, or act of God, or by other cause beyond the reasonable control of Lessee) excepted. ARTICLE XII CONDEMNATION 12.01 If during the term of this lease or any extension or renewal thereof, any or all of the leased premises should be taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, this lease shall terminate at the option of either party hereto, and the rent shall be abated •during the unexpired portion of this lease, effective as of the date of the taking of said premises by the condemning authority. 12.02 If less than all of the lease premises shall be taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation and Lessee chooses not to terminate this lease, this lease shall not terminate but Lessor shall forthwith at his sole expense, restore and reconstruct the building and other improve- ments, situated on the leased premises, provided such restoration and reconstruction shall make the same reasonably tenantable and suitable for the uses for which the premises are leased. The rent payable hereunder during the unexpired portion of this lease shall be adjusted equitably. 12.03 Lessor and Lessee shall each be entitled to receive and retain such separate awards and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings. The termination of this lease shall not affect the rights of the respective parties to such awards. -9- EAW/js/Allison/Kerr ^.ount;y Lease/12-l9•-07%JS::l: ARTICLE XIII DEFAULT 13.01 Default by Lessee - If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice of such delinquency, or shall remain in default under any other condition of this lease for a period of fifteen (15) days after written notice from Lessor, or should any other person than Lessee secure possession of the premiaea, or any part thereof, by reason of any receivership, bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at its option, without notice to Lessee, terminate this lease, or in the alternative, Lessor may re-enter and take possession of said premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass, and relet the premises or any part thereof, for all or any part of the remain- der of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor be unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any renewal thereof, plus the expense of reletting, then Lessee ~~ 1 aL~'ut ~' H.,on kM ly as 1'ti' `5 In <~JVCQ ~g5~/ pay the amount of suchndeficiency~~ - -~ "--- -----'-----=CaSc te~rr on demand to Lessor. In event of Lessee's default, Lessee shall pay all reasonable attorney's fees and expenses incurred by Lessor as a result of such default. 13.02 All rights and remedies under this lease shall be cumulative, and none shall exclude any other right or remedy at law. Such rights and remedies may be exercised and enforced concurrently snd whenever and as often as occasion therefor arises. 13.03 Default by Lessor - If Lessor defaults in the performance of any term, covenant, or condition required to be performed by him under this agreement, Lessee may elect either one of the following: -10- EAW/js/Allison/Kerr unty Lease/12-29-87/JSSI1 /' i 1.) After not less than ten (10) days notice to Lessor, Lessee may remedy such default by any necessary action, and in connection with such remedy may pay expenses and employ counsel; all sums expended or obligations incr=red by Lessee in connection therewith shall be paid by Lessor to Lessee on demand, and on failure of such reimbursement, Lessee may, in addition to any other right or remedy that Lessee may have, deduct the costs and expenses thereof from rent subsequently becoming due hereunder; or 2.) Elect to terminate this agreement on giving at least ten (10) days notice to Lessor of such intention, thereby terminating this agreement on the date des- ignated in such notice, unless Lessor shall have cured such default prior to expiration of the 10-day period. ARTICLE XIV INSPECTION BY LESSOR 14.01 Lessee shall permit Lessor and his agents to enter into and upon the leased premises at alt reasonable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs or alterations to the building. ARTICLE XV ASSIGNMENT AND SUBLEASE 15.01 Lessee shall not assign this lease nor sublet all or a portion of the leased premises without the prior written consent of Lessor. ARTICLE XVI MISCELLANEOUS 16.01 Notices and Addresses - All notices provided to be ,yy, Ih wri~~•:g ~~„y~y given under this agreement shall be given either in person~or by VR1f°„J certified mail or registered mail, addressed to the proper party, at the following address: LESSOR: A. P. Allison 1214 Jackson Road Kerrville, Texas 78028 LESSEE: Kerr County Judge County Courthouse Kerrville, Texas 78028 -11- ,..... , EAW/js/Allison/fCerr aunty Lease/12-29-87 /.;:;:;7~ W ~ t'1 keH V"" P Actual receipt by any party of^ notice shall constitute proper notice hereunder. 16.02 Parties Bound - This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representa- tives, successors, and assigns where permitted by this agreement. 16.03 Texas Law to Apply - This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Kerr County, Texas. 16.04 Legal Construction - In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.05 Prior Agreements Superseded - This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 16.06 Amendment - No amendment, modification, or altera- tion of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 16.07 Rights and Remedies Cumulative - 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 its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 16.08 Waiver of Default - No waiver by the parties hereto of any default or breach of any term, condition, or covenant of -12- this lease shall be deemed to be waiver of any other breach of the same or any other term, condition, or covenant contained herein. 16.09 Attorney's Fees - In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and. prevails, then the defaulting party agrees to pay the other party reasonable attorneys' fees so incurred by such other party. Neither party shall be liable for any attorney fees hereunder until the expiration of thirty (30) days from receipt of written notice of the default complained of and only if no cure of such default has occurred within such thirty (30) day period. Thia provision shall prevail over any conflicting provisions contained elsewhere in this lease. 16.10 Force Majeure - Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental avtliority, civil riot, floods, and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. 16.11 Time of Essence - Time is of the essence of this agreement. IN WITNESS WHEREOF, the undersigned Lessor and Lessee Hereto execute this agreement as of the day and year' first above written. -13- LESSOR: ~~7~~N•"~'i ' A. P. ALLISON EXHIBIT "A" TRACT NO. 1: 390 feet, more or less, off of the S.W. side of Lot No. 59 in Block No. 6 of the original J. D. Brown Addition to Kerrville, Texas, according to the map and plat of the City of Kerrville, Texas, described by metes and bounds as follows, to-wit: BEGINNING at the North corner of Lot No. 55 in said BlocJc No. 6, which beginning point is in the S. E. line of Earl Garrett Street (formerly Mountain Street), and the Nortlr corner of that certain lot or parcel of land conveyed by Jno. R. Leavell and W. A. Lochte to Cypress Camp #58, W.O.W. by deed recorded in Book 66, Page 516, Deed Records of Kerr County, Texas; TIIENCE N. 45 E. with S. E. line of Earl Garrett Street 30 feet to the West corner of a tract of land conveyed to Otis McGaffey by A. C. Schreiner by deed dated January 21, 1926, now owned by G. Rankin Starkey; THENCE S. 45 E. with line of Starkey lot or parcel, 150 feet for stake for the East corner of this lot or parcel of land; THENCE S. 45 W. 30 feet to a stake for the South corner of this parcel or lot of land, and the East corner of Lot No. 55 conveyed to Cypress Camp #58, W.O.W.; THENCE N. 45 W. with line of Lot 55 or W.O.W. lot, 150 feet to a stake set in line of Earl Garrett Street for the West corner of this parcel, and the North corner of Lot 55 belonging to Cypress Camp #58, W.O.W. and the PLACE OF BEGINNING, and being the identical property conveyed by Warranty Deed dated February 17, 1947, from John R. Leavell and wife, Kate Leavell, to D. W. Bennett and wife, Lavene Bennett, of record in Volume 61, at Page 413, Deed Records of Kerr County, Texas, said property being SUBJECT TO that certain easement and right of way being 5 feet in width and 150 feet in length more specifically described by that certain instrument bearing acknowledgment dated July 19, 1999, executed by D. W. Bennett and wife, Lavene Sennett, to Cypress Camp #58, W.O.W., of Kerrville, Kerr County, Texas, recorded in Volume 131, at Page 447, Deed Records, Kerr County, Texas, to all of which instruments and their record thereof reference is here made for all purposes; TRACT NO. 2: All that certain tract, lot or parcel of land, lying and being situated in the City of Kerrville, Kerr County, Texas, anti out of Original Survey No. 116 in the name of B. F. Cage, and being part of Lot No. $4 in Block No. 6 of the Original J. D. Brown Addition to Kerrville, Texas, according to the map and plat of said city, and described by metes and bounds as follows, to-wit: BEGINNING at the north corner of a tract of land conveyed by John R. Leavell and wife, Kate Leavell, to D. W. Bennett and wife, Lavene Bennett, dated February 17, 1947, and recorded in Volume 81, Page 413 of the Deed Records of Kerr County, Texas, to which reference is here made; TiiENCE North 45 East with the S. E. line of Earl Garrett Street nine inches (9") more or less, to the west corner of the Kerrville Times building; EXHIBIT "A" Page 1 of 2 Pages ~~ THENCE South 45 East with the S. W. line of said Kerrville Times building, 150 feet; TEIENCE South 95 West nine inches (9"), more or less, to tt~e East corner of the tract of land described in said Volume 81, Page 413, Deed Records of Kerr County, Texas; THENCE North 45 West 150 feed along the N. E. line of said tract above-mentioned to the PLACE OF BEGINNING. EXCEPTING TfiEREFROM, HOWEVER, the reservation to G. Rankin Starkey, the perpetual right and easement over the land conveyed to establish and maintain a water line or lines necessary to remove water from the top of the building owned by the said G. Rankin Starkey to necessary outlets, said TRACT NO. 2 and the easement set forth in paragraph being more specifically described in that certain Warranty Deed dated July 11, 1951, executed by G. Rankin Starkey to D. W. Bennett and wife, Lavene Bennett, of record in Volume 91, at Page 136, Deed Records of Kerr County, Texas, to which instrument and the record thereof reference is here made for all purposes. There is also hereby conveyed all of the right, title and interest held by Grantors in and to that one certain five foot (5') easement granted by D. W. Bennett and wife, Lavene Bennett, by an instrument of record in Volume 2, at Page 21 of the Easement Records of Kerr County, Texas; said easement having been executed on the 18th day of July, 1950, by Cypress Camp No. 58, Woodmen of the World, Kerrville, Texas, and having conveyed an easement as in said instrument fully set out, and reference is here made to such easement and its record for a full and complete description of the rights hereby conveyed. TOGETfiER WITH: Such easement rights as Lessor may have by virtue of that one certain easement dated July 16, 1950, from Cypress Camp No. 58, Woodmen of the World, Kerrville, Texas, to D. W. Bennett and wife, Lavene Bennett, of record at Volume 2, Page 21, Easement Records of Kerr County, Texas, to which instrument reference is here made for all purposes. 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