i'd'6'SOVF: fai'i[_iJt)it•i i-. i":OURT RC:T is iJid llid
l_CiiFt`3F= FClft .JU3TIC:Ei OF' TH[: r'F.i=ii~l== G='}ZI-i:1NCT 'rF :~ ti'.I_L_aC~':
1.1 r". this the ~F3tt-~ E~ay c;t 1-l ~_igt.rst 199.:;, ~.rpori motion rn ~a pie tay
,.. ~ ,.,.
r..c,mnuss:toner 1-iolel;a~np, see-anded oy i:oruinsir_}r~er LJt>•ti. er", ~rre
i.: curt ~manimously approved by a vote of 4-Qr-Qy to s+rrlei"~d tt~E:•
_ _. _
l... C'!ltrt ciCa 1. C rl Ci i'i i _ __ ~ ., .._
._efitSe PE)P' t9 1Ce ~iT i-~e -'e?!i f_r. 'r &C.liiC: '~ ..~ "~u
:ease from RErser.;ar i iw1e~-~t< at `.~~2!!2~ .leffer sun Str~eel, I;;=i.:rv7.ae,
l exas i'~or' tw £,~~C~. 4't u. ~~; month anc; a~!.t 'nor >.ze tt~ie ~~.c _y E) 'u s~.yn .. ... E,
lea=_e.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY Robert A. Denson
MEETING DATE: August 28, 1995
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: County Judge
TIME PREFERRED
Consider and discuss amending court action on Lease for J.P. #3.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE
NAME OF PERSON ADDRESSING THE COURT County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity See Agenda
Request Rules Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
ORDER NO. 22853
APPROVE AN~iDING CO[JRT ACTICN ~
LEASE FOR JUSTICE OF Tf~ PEACE
PRECINCT # 3 OFFICE
August 28, 1995
Vol U, Page 118
c~ o0p~7
COMMERCIAL LEASE
This lease agreement is made and entered into by and between
Rosemarv H. Meek (Landlordl and Commissioners Court Justice of
Peace Precinct 3 Rerr, County. Landlord hereby leases to Tenant
and Tenant hereby leases from Landlord that certain property with
the improvements thereon, containing approximately 900 square
feet, hereinafter called the "lease premises", known as 508
(Address. City of Kerrville , Rerr County, Texas; or
as more particularly described below or on attached exhibit:
The primar t~n of this le se sh 11 be one (11 vear commencing
on the ~ ay of 19 ~, and ending on the
~ ~~ day of __~~j'~ , 19 , upon the following terms,
conditions, and cov ants:
1. TAXES. each year during the term of this lease, Landlord shall
pay real estate taxes assessed against the leased premises in an
amount equal to the total real estate taxes assessed against the
leased premises.
2. UTILITIES. Tenant shall pay all charges for utility services to
the leased premises.
3. HOLDING OVER. Failure of Tenant to surrender the leased premises
at the leased premises at the expiration of the lease
constitutes a holding over which shall be construed as a tenancy
from month to month at a rental of $ 600.00 per month.
4. RENT. Tenant agrees to and shall pay Landlord at Landlord office
address. The total sum of $ 7,200.00 , payable without
demand in equal monthly payments of $ 600.00 each in
d a ce on orb ore the 10 day of each month, commencing on
19 , and continuing thereafter until the total
m shall be paid.
5. USE. Tenant shall use the leased premises for the following
purpose and no other: Justice of Peace Precinct 3 office
1.
6. SECURITY DEPOSIT. Tenant shall pay to Landlord a security
deposit in the sum of $ -0- , payable on or before the signing
of this lease for Tenant's faithful performance hereunder.
7. INSURANCE. Landlord shall pay for fire and extended
coverage insurance on the buildings and other improvements on
the leased premises in an amount not less than $ her discretion,
which amount shall be increased yearly in proportion to the
increase in market value of the premises. s ~j
~rn Tp}a ~~ ref { I..Se u^ tY. 1 .i ___ ~~"`
"" ° ^ ~--P s . Tenant
shall provide public liability and property damage insurance for
its business operations on the leased premises in the amount of
$ 300,000 which policy shall cover the Landlord as well as
the Tenant. Said insurance policies required to be provided by
Tenant herein shall name Landlord as an insured and shall by
issued by an insurance company approved by Landlord. Tenant
shall provide Landlord with certificates of insurance evidencing
the coverage required herein. Tenant shall be solely
responsible for fire and casualty insurance on Tenant's property
on or about the leased premises. If Tenant does not maintain
such insurance in full force and effect, Landlord may notify
Tenant of such failure and if Tenant does not deliver to
Landlord within 30 days after such notice certification
showing all such insurance to be in full force and effect,
Landlord may at his option, take out the necessary insurance to
comply with the provision hereof and pay the premiums on the
items specified in such notice, and Tenant covenants thereupon
on demand to reimburse and pay Landlord any amount so paid or
expended in the payment of the insurance premiums required
hereby and specified in the notice, with interest thereon at the
rate of 10 percent per annum from the date of such pay-
ments by Landlord until repaid by Tenant.
8. CONDITION OF PREMISES. Tenant has examined and accepts the
leased premises in its present as is condition as suitable for
the purposes for which the same are leased, and does hereby
accept the leased premises regardless of reasonable
deterioration between the date of this lease and the date Tenant
begins occupying the leased premises unless Landlord and Tenant
agree to repairs or refurbishment as noted in Special
Provisions.
9. MAINTENANCE AND REPAIRS. Landlord shall keep the foundation, the
exterior walls (except glass; windows; doors; door closure
devices; window and door frames; molding; locks; and hardware;
and interior painting or other treatment of exterior walls),
and the roof of the leased premises in good repair except that
Landlord shall not be required to make any repairs occasioned
by the act of negligence of Tenant, its employees, subtenants,
licensees and concessionaires. Tenant agrees to give Landlord
notice of needed repairs. Landlord shall make such repairs
within a reasonable time. Tenant shall notify Landlord
immediately of any emergency repairs. Tenant shall keep the
leased premises in good, clean condition and shall at its sole
cost and expense, make all needed repairs and replacements,
including replacement of cracked or broken glass, except for
repairs and replacements required to be made by Landlord under
this section. If any repairs required to be made by Tenant
hereunder are not made with ten (10) days after written notice
delivered to Tenant by Landlord, Landlord may at its option make
such repairs without liability to Tenant for any loss or damage
which may result by reason of such repairs, and Tenant shall
pay to Landlord upon demand as additional rent hereunder the
cost of such repairs plus interest. At the termination of this
lease. Tenant shall deliver the leased premises in good order
and condition, reasonable wear and tear excepted.
10. ALTERATIONS. All alterations, additions and improvements,
except trade fixtures, installed at expense of Tenant, shall
become the property of Landlord and shall remain upon and be
surrendered with the leased premises as a part of thereof on
this lease. Such alterations, additions, and improvements may
only be made with the prior written consent of Landlord, which
consent shall not be unreasonably withheld. If consent is
granted for the making of improvements or alterations to the
leased premises, such improvements and alterations shall not
commence until Tenant has furnished to Landlord a certificate
of insurance showing coverage in an amount satisfactory to
Landlord protecting Landlord from liability for injury to any
person and damage to any personal property, on or off the
leased premises, in connection with the making of such
improvements or alterations. At the termination of this lease,
Tenant shall deliver the leased premises in good order and
condition, natural deterioration only excepted. Any damage
caused by the installation or removal of trade fixtures shall
be repaired at Tenant's expense prior to the expiration of the
lease term. All alterations, improvements, additions, and
repairs made by Tenant shall be made in good and workmanlike
manner.
11. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own
expense, comply with all laws, orders, and requirements of all
governmental entities with reference to the use and occupancy
of the leased premises. Tenant and Tenant's agents, employees
and invitees shall fully comply with any rules and regulations
governing the use of the buildings or other improvements to the
leased premises as required by Landlord. Landlord may make
reasonable changes in such rules and regulations from time to
time as deemed advisable for the safety, care and cleanliness
of the leased premises, provided same are in writing and are
not in conflict with this lease.
12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this nor
sublet the leased premises or any interest therein without
first obtaining the written consent of Landlord. An assignment
or subletting without the written consent of Landlord shall be
void and shall, at the option of Landlord, terminate this
lease.
13. DESTRUCTION. In the event the leased premises is partially
damaged or destroyed or rendered partially unfit for occupancy
by fire or other casualty, Tenant shall give immediate notice
to Landlord. Landlord may repair the damage and restore the
leased premises to substantially the same condition as
immediately prior to the occurrence of the casualty. Such
repairs shall be made at Landlord's expense unless due to
Tenant's negligence. Landlord shall allow Tenant a fair
reduction of rent during the time the leased premises are
partially unfit for occupancy. If the leased premises are
totally destroyed or deemed by the Landlord to be rendered
unfit for occupancy by fire or other casualty. or if Landlord
shall decide not to repair or rebuild, this lease shall
terminate and the rent shall be paid to the time of such
casualty.
14. TENANT DEFAULT. If Tenant abandons the premises or otherwise
defaults in the performance of any obligations or covenants
herein, Landlord may enforce the performance of this lease in
any manner provided by law. This lease may be terminated at
Landlord's discretion of such abandonment or default continues
for a period of 10 days after Landlord notifies Tenant of such
abandonment or default and of Landlord's intention to declare
this lease terminated. Such notice shall be sent by Landlord
to Tenant at the leased premises by certified mail or
otherwise. If Tenant has not completely removed or cured
default within the 10 day period, this lease shall terminate.
Therefore, Landlord or its agents shall have the right, without
further notice or demand, to enter the leased premises and
remove all persons and property without being deemed guilty of
trespass and without waiving any other remedies for arrears of
rent of breach of covenant. Upon abandonment or default by the
Tenant, the remaining unpaid portion of the rental form
paragraph 4 herein, shall become due and payable.
15. LIEN. Landlord is granted an express contractual lien, in
addition to any lien provided by law, and a security interest
in all property of Tenant found on the leased premises to
secure the compliance by Tenant with all terms of this lease.
In the event of default, Landlord or its agents may peaceably
enter the leased premises and remove all property and dispose
of same as Landlord shall see fit.
16. SUBORDINATION. Landlord is hereby irrevocably vested with full
power and authority to subordinate this lease to any mortgage,
deed of Trust, or other lien hereafter placed on the demised
premised and Tenant agrees on demand to execute such further
instruments subordinating this lease as Landlord may request,
provided such subordination shall be on the express condition
that this lease shall be recognized by the mortgagee, and the
rights of Tenant shall remain in full force and effect during
the term of this lease so long as Tenant shall continue to
perform all of the covenants and conditions of this lease.
17. INDEMNITY. Landlord and its employees and agents shall not be
liable to Tenant or to Tenant's employees, patrons, visitors,
invitees, or any other persons for an injury to any such
persons or for any damage to personal property caused by an
act, omission, or neglect of Tenant or Tenant's agents or of
any other tenant of the premises of which the leased premises
is a part. Tenant agrees to indemnify and hold Landlord and
its employees and agents harmless from any and all claims for
such injury and damages, whether the injury occurs on or off
the leased premises.
18. SIGNS. Tenant shall not post or paint any signs at, on, or
about the leased premises or paint the exterior walls of the
building except with the prior written consent of the Landlord.
Landlord shall have the right to remove any sign or signs in
order to maintain the leased premises or to make any repairs or
alterations thereto.
19. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes
voluntary assignment for the benefit of creditors or if a
receiver is appointed for Tenant, Landlord may terminate this
lease by giving five (5) days written notice to Tenant of
Landlord's intention to do so.
20. NOTICES. Notices to Tenant shall be by certified mail or other
delivery to the leased premises. Notices to Landlord shall be
by certified mail to the place where rent is payable.
21. DEFAULT BY LANDLORD. In the event of breach by Landlord of any
covenant, warranty, term or obligation of this lease, then
Landlord's failure to cure same or commence a good faith effort
to cure same within 10 days after written notice thereof by
Tenant shall be considered a default and shall entitle Tenant
either to terminate this lease or cure the default and make
the necessary repairs and any expense incurred by Tenant shall
by reimbursed by the Landlord after reasonable notice of the
repairs and expenses incurred.
22. RIGHT OF ENTRY. Landlord shall have the right during normal
business hours to enter the demised premises; a) to inspect
the general condition and state of repair thereof, b) to make
repairs required or permitted under this lease, or c) for any
other reasonable purpose.
23. WAIVER OF BREACH. The waiver by Landlord of any breach of any
provision of this lease shall not constitute a continuing
waiver or a waiver of any subsequent breach of the same or a
different provision of this lease.
24. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this
lease shall extend to and bind, or inure to the benefit not
only of the parties to this lease but to each and every one of
the heirs, executors, representatives, successors, and assigns
of Landlord of Tenant.
25. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this
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.
26. TEXAS LAW TO APPLY. This agreement shall be construed under
and in accordance with the laws of the State of Texas.
27. 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 hereof and this agreement shall be
construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
28. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the
sole and only agreement of the parties to this lease and
supersedes any prior understandings or written or oral
agreements between the parties respecting the subject matter
of this lease.
29. AMENDMENT. No amendment, modification, or alteration of the
terms hereof shall be binding unless it is in writing, dated
subsequent to the date hereof, and duly executed by the
parties.
30. CONDEMNATION. If the whole or any substantial part of the
leased premises is taken for any public or quasi-public use
under any governmental law, or regulation or by right of
eminent domain or should the leased premises be sold to a
condemning authority under threat of condemnation, this lease
shall terminate and the rent shall be abated during the
unexpired portion of the lease effective from the date of the
physical taking of the leased premises.
31. TIME OF ESSENCE. Time is expressly declared to be of the
essence in this lease.
32. ATTORNEY'S FEES. Any signatory to this lease agreement who is
the prevailing party in any legal proceeding against any other
signatory brought under or with relation to this lease
agreement or this transaction shall be additionally entitled to
recover court costs, reasonable attorney fees, and all other
out-of-pocket costs of litigation, including deposition, travel
and witness costs, from the nonprevailing party.
33. SPECIAL PROVISIONS. (This section to include additional factual
data not included above.)
EXECUTED this 23 !~ day of _.C._~~~ , 19 ~~.
T or TE ANTS
~V/~
4
JC'_~ v,,1TY ~v~ G-E
-~-2R Co v NT ~
0`10 o YVl A- t n1
~ ~-n.-~~~ ~-t-~~ TIC • 7~ ~ Z~3
LANDLORD LI
D l`~
Rosemary H. hF k
420 Water St. Suite 102
Kerrville, Texas 78028
8.
ROSEMARY MEEK
C~Oo p
August 28, 1995
Commissioners Court
Precinct 3
508 Jefferson St.
Kerrville, Texas 78028
Dear Sirs:
In accordance with the signed lease, Landlord hereby gives permission to the Justice
of the Peace to place a sign hanging from the canopy as long as it does not damage
the canopy in anyway. If the sign does damage the canopy, then it will be the Tenants
responsibility to repair and pay for any damages.
erely,
bS-Q l~ ' t -`'`^-~
Rosemary
Landlord
~~~~
~~~
Pecan Plaza Office Complex /Town Plaza Shopping Center
(512) 896-2814 420 Water Street #102 • Kemille, Texas 78028