ORDER N0. 25063 RPPROVAL OF THREE-YEAR LERSE BETWEEN KERR COUNTY RND THRD M. ZIEGLERFOR OFFICE SPRCE On thin day the 14th day of October, 1997 upon motionmade by Commissioner Baldwin, seconded by Comai=_=_ioner L_.-_ the Ca u,~ unanimously approved by a vot• of 5-0-0, the Three-Year Lease between Kerr County and Thad M. Ziegler for office space for the Rdult Pr^o bation Department and the Juvenile Probation Department and authorize the County Judge to sign same. Iten No. 2.35 Consider and discuss approval of Volunteer Fire Departments and authorize the County Judge to sign same, between Kerr County and; Hunt VFD; Center Paint VFD/E1^ Pass VFD and Turtle Creek VFD. ORDER NO. 25064 RPPROVRL OF COUNTV SPONSORED CONTRACTS AND RUTHORIZE COUNTV JUDGE TO SIGN SRME On this day the 14th day of October, 1997 upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, the fallowing county sponsored contract between Kerr County and Hunt Volunteer Fire Depart meat, Elm Pass Volunteer Fire Department, Turtle Creek Volunteer Fire Depart Bent, Center Point Volunteer Fire Department and authorize County Judge to sign saes. ~'• PRGE 440 TEXRS RSSOCIRTION OF RERLTORS COMMERCIAL LERSE %' This lease agreewent is wade and entered into by and between Thad M. Ziegler !Landlord) and Kerr County (Tenant). Landlord hereby leased to Tenant and Tenant hereby leases from Landlord that cer^t ain property with the iw provewents thereon, containing approximately 4000 square feet, hereinafter called the "leased premises", known as 431 Quinlan Gt. Kerrville, Texas, (Rddr^e ss), Lot ,Block , Rdditian, City of , County, Texas, or as particularly described below or on attached exhibitt See Rtt ached Exhibits "R" & "B" The primary term of this lease shall be Three Years commencing on the ist day of October, 1997, and ending'at 11x:,9 p. m. on the 30th day of September, 2000, upon the following terms, candit ion s, and covenant sa 1. Taxes. Each year during the tern of this lease, Landlord shall pay real estate taxes assessed against the leased premises in an amount ˘q ual to the total real estate taxes assessed, against the leased premises in the base year. ~. Utilities. Tenant shall pay all charges for utility services to the leased premises except for None which shall be paid by the Landlord. 3. Holding Over. Failure of Tenant to surrender the Leased premises at the expiration of the lease constitutes a holding over which shall be con st ruetl as a tenancy from wonth to month rental of 52,400.00 per month. 4. Rent. Tenant agrees to and shall pay Land Lord at p. 0. Box 8298, San Antonia, Texas 78208, County of Bexar, Texas, or at such other place Landlord shall designate fro wtiwe totiwe in writing, as rent for the leased premises, the total sum of 486,400, payable without demand in equal monthly payments of f2, 4@0. 0@, each in advance on or before the 1st day of each wonth, commencing on October 1, 1997,. and continuing thereaft er• until the total sum shall be paid. Rdjustment to the rent, if any, far rent escalators, for percentage of net rent, or for increases in building operation costs (including but not limited to insurance, custodial services, maintenance and utilities) shall be as set forth in an attached addendum. Rent received aft er^ the first day of the month shall be deemed delinquent. If rent in not received by landlord by the 10th mf each month, Tenant shall pay a late charge of f25. 00 plus a penalty of ss. as per day until rent is received in full. Tenant shall pay f20. 00 for each returned check. 5. Use. Tenant shall use the !sated premises for the 'Following purpose and no other^: Office Space ~,':d.' 6. Security Deposit. (marked through) PRGE 4408 7. Insurance. Landlord shall pay 'for fire and extended coverage insurance on the buildings and other improvements on ('":T ~ the leased premises in an amount not less than f100, 000. 0@, ~E'' which amount shall be increased yearly in propor•t ion to the increase in market value of the premises. If landlord provides any insurance herein, Tenant shall pay to landlord, during the tarn hereof, the amount of any increase in premiums for the insurance required over and above such premiums paid during the first year of this lease. Tenant shall provide public liability and property damage insurance for its business operations on the leased pr-emises in the amount of E1,000,@@@.@0 which policy shall cover the Landlord as well as the Tenant. Said insurance policiec required ten 6e provided 6y Tenant herein shall name Landlord as an insured and shall be insured by an insurance company approved by Landlord. Tenant shall provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant ' shall be sol ely responsible far fire and casualty insurance on TenanErs property an or oho ut the leased premises. If Tenant doec not maintain such insurance in full force antl effect, Landlord may notify Tenant of such failure and if Tenant does not del}ver to Landlord within 10 days after such notice certification showing all such insurance to 6e in full farce and effect, Landlord may at his apt ion, take out the necessary insurance to coaply 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 r-,v~. any amount so paid or expended in the payment of the insurance .~ premiums required hereby and specified in the notice, with the interest thereon at the rate of i0 percent perannus iron the date of such payment by Landlord until repaid 6y Tenant. 8. Coed it ion of Premises. Tenant has examined and accepts the leased prereise s. in its present as is condition as suitable for th a purposes for which the sae eareleased, anddoes hereby accept the leased premises regardless of reasonable deterioration-betwleo- then tlatm of thi s leadeand the date Tenant begins occupying the leased premises unless Landlord and Tennant agree to repairs or refttr bishxent as noted in Special Provisions. 9. Maintenance and Repairs. Lantllord shall keep thie foundation, the exterior walls (except glassg windowsp doors} door closure devices, window and door fr-ame s, 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 or negligence of Tenant, its employees, subtenants, licensees and concessionaires. Tenant is responsible for maintenance of the common area equipment. If Landlord is responsible for any such repair and maintenance, tenant agrees to give Landlord written notice of needed repairs within a reasonable time. Tenant shall notify '""?"t~ Landlord immediately oP any emergency repairs. Tenant shall Neep the leased premises in good, clean condition and shall at its sale cask and expense, make all needed repairs and replacements, including replacement of cracked or broken PRGE 440B glass, except for repairs and replacements required to be made by Landlord under this section. If any repairs required to made 6y Tenant hereunder are not made within ten (1@) days - after written notice delivered to Tenant by Landlord, Landlord may at its opt>on make such repairs without liability to Tmnant for any loss or tlamage which may result by r^easmn of such repairs, and Tenant shall pay to Landlord upon demand as additiana 3 rent hereunder the cast of such repairs plus interest. Rt the termination o~F this lease, Tenant shall deliver the leased premises in good order and condition, normal wear and tear expected. Normal wear and tear means deterioration which accurc without negligence, carelessness, accident or abuse. 1@. Rlterat ion s. R11 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 thereof on the termination of this lease. Such alterations, additions, and improvements may only be reade with the prior written consent of Landlord. which consent shall not 6e unreasonably withheld.. If consent is granted far the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished tm Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury tm any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or^ alterations. No coaling tower, equipment, mr structure of any kind shall be placed on the roof or elsewh er^e on the leased premises by Tenant without pr•$ar• writt en permission of Landlord. If suchpermission is granted, cuch work orinst allation shall be done at Tenant's expense and in such a moon er^ that the roof shall not be damaged thereby. If iL become snecessary to remove such cooling tower, equipment or structure tereporaril y, so that repairs to the roofcan be made, Tenant shal l promptly remove and reinstall the cooling tower, equipment or structure at Tenant`s expense and repair at Tenant's expense any damage resulting from such removal or r-einst allation. Upon termination of this lease, Tenant 5ha11 remove or cause to 6e removed from the roof any s+.rch cmoliny tower, equipment or structure if directed to da so by Landlord. Tenant shall promptly r•e pair at its expense any damages resulting froie s+.rch removal. Rt the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Rny damage caused 6y the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. R11 alterations, improvements, additions, and repairs matle 6y Tenant shall be made in goad and workmanlike manner. 11. Compliance with laws and regulations. Tenant shall, at I`~r?;, its awn expense, comply with all laws, order, 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 from time to tine as deemetl advisable for the pR~E 44@C saf et yr car^e and cleanliness of the leased premisesr provided same are in writing and are not in conflict with this lease. ~l:':~ 12. Rssignment and Subletting. Tenant shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of the Landlord, Rn assignment or subletting without the written consent of Landlord shall be void and shallr at the option mf the Landlordr terminate this lease. 13. Destruction. In the event the leased premises is partially unfit for occupancy by fire or other casualtyr Tenant shall give immediate notice to Landlord. Landlord may repair the damage and restore the leased prenises 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 prenises are partially unfit for occupancy. If the leased premises are totally destroyed or deemed by tho- Landl ord to be rendered unfit far occupancy by fire or other casualtyr of if Landlord shall decide not to repair or rebuildr this lease shall terminate and the rent shall by paid to the tine of such casualty. 14. Tenant Default and Removal of Rbantloned Rropert y. If Tenant abandons the prenises or otherwise defaults in the performance of any obligations or covenants herein, Landlord _! may enforce the performance of this lease in any Wanner ~~ provided by law. This lease nay be terminated at Landlord's discretion if such abandonment or default continues for a period df~10'day e' after Landlord notifies Tarrant of such abandonment or default and' of Landlord's intention to declare this lease terminated, Such notice shall be sent by Landlord tm Truant at Tenant's last known address by certified nail. If Tenant has not completely removed or cured default within the 10-day perimdr thi s. lease shall ternlnat e. Thereafterr Landlord mr its agents shall have the rlghtr without further notice or denandr tp enter the leased prenises and remove all property without being deemed guilty of tresRass and without waiving any other remedies for ary^earc mf rent or breach of covenant. Upon abandonment or default by the Tenant the remaining unpaid portion of the rental Pron paragraph 4 her•einr shall become due and payable. For purposes of this section, Tenant is presumed to have abandoned the premises if goods, equipment, or other pr^e pertyr in an amount substantial enough to indicate a probable intent to abandon the premisesr is being or has been removed from the prenises and the removal is mat within the normal course of Tenant's business. Landlord shall have the right to store any property of Tenant that remains on premises that are abandoned, and, in addition to Landlord's other rights, Landlord may dispose mf the stored property if Tenant does mat claim the property within 60 days (('"'~~! after the date the property !s stored, provided Landlord ~?l~, delivers by certified wail to Tenant at Tenant's last known address a notice stating that Landlord may tlispose of Tenant's property if Tenant does not claim the property within 6@ days after the date the property is stared. GAGE 44@D 15. Interruption of Utilities. Landlord or Landlord's agent may not interrupt or cause the interruption of utility service ('?~, paitl directly to the utility company by Tenant unless )'_ interruption results from bona fitle repairs, construction, or an ewergency. If any utility services furnished by Landlord are interrupted and continue to be interrupted despite the good faith efforts of Landlord to remedy same, Land3 ord shall not be liable in any respect for damages to the person mr^ property of Tenant or Tenant's employees, agents, or guests, and saws shall not 6e construed as grounds far constructive eviction or abatement of rent. Landlord shall use reasona63e di3iBence to repair and remedy such interruption promptly. 16. Exclusion of Tenant. Landlortl may not intentionally prevent Tenant from entering the leased pr^emises except by judicial process unless the exclusion results from: (a) bona fide repairs, construction, or an emergency9 (b} removing the contents of premises abandoned by Tenant( or (c) changing the door locks of Tenant in the event Tenant is delinquent in paying at least part of the rent. If Landlord or Landlord`s agent changes the door lock of Tenant, in the event Tenant is delinquent in payingrent, Landlord or Landlord's agent must place a written notice on Tenant's front door stating the name and the address or telephone number of the individual or company fro^ which the new key nay 6e obtained. The new key is required to 6e provided only during Tenant's regular business hours. 17. 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 premise sto secure the complianceby Tenant withall terms of this lease, with the exception of all probation de partwent files and records. 18. 8ubardinat ion. Landlord is hereby irrevaca bly vested with full power and authority Go subordinate tMie~. blase toany mortgage, deed of trust, or other lien hereafter placed on the demisedpremisea and Tenant agrees an demand. to execute such further- instruments subordinating this lease as Landlord may request, provided such subordination shell 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. 19. Indennit y. Landlord and its employees and agents shall not 6e liable to Tenant or to Tenant's enployees, patrons, visitors, invitees, or any other parsons for any such injury to any such persons or for damage to personal property caused by an act, omission, or neglect of Tenant ar 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 prenises. pFGE 440E ~0. Signs. Tenant shall not post or paint any signs at, on, or oho ut the leased premises or paint the exterior walls of ~ !"^a the building except with the prior written consent of the ~~ l_, Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs er alterations thereto. 21. Tenant Bankruptcy. If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointetl for Tenant, Landlord may terminate this lease by Riving five (5) days written notice to Tenant of Landlord's intention to do so. 22. Condemnation. If the whole or any substantial part of the leased premises is taken far any public or quasi pia tills use under any governmental law, mrdinance or regulatimn or' 6y 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 tie abated der-ing the unexpired portion of the lease effective from the date of the physical taking of the leased premises. 23. Hazardous Materials. Landlord warrants and represents that the Property does not contain "Hazardous Materials", as that phrase is defined herein. For• purposes of this provision, the phrase "Hazardous Materials" shall mean and include any toxic contaminated or other hazardous materials .~ including, without limitation, astir stns, PCB, transformers, (~; underground storage containers, materials containing any radioactive substances, petroleum base products, paints, solvents, lead, cyanide, DDT, acids, pesticides, ammonium compounds, and any other substance forming a component part mf the improvements which has heretofore or may in the future be deter-mined to contain toxic wastes, hazardous materials, or undesirable substances inj urioua to the health of occupants living or working in or around the subject Property. Landlord acknowledges thwt current andfut urrfederal, atat®~ antllmcal laws and regulations may require the clean up of any such Hazardous Materials at the expense of those persons who in the past, present, or future may have had or continue to have any interest in the Property including, but not limited ta, current, past, and future owners and users, including tenants, of the Property. The cost and expense of such clean up may be substantial. Landlord fur-t her acknowledges that the real estate Brokers and their agents involved in the negotiation of this transaction have no expertise with respect to any s~.rch Hazardmus Materials. Landlord acknowledges and agrees that Landlord shall look solely to experts and professionals selected by Landlord to advise Landlord with respect to the condition oP the property and shall not hold the real estate Brokers or their agents responsible for any Hazardous Material condition or problem relating to the Property. Landlord hereby agrees to indemnify, defend, and holtl the real estate Brokers and their agents participating in this transaction -~:4." harmless of and from any and all liability, claim, debt, damage, cost, or expense, including reasonable attorneys' fees, related to or arising out of or in any way connected to PRGE 44aF Ha=ardaus Materials and/or toxic wastes and/or any other undesirable substances affecting the Property. 24. Broker's Fee. Coldwell Banker - Ron Imel & Rssociates, Broker and , Co-Broker, as Real Estate Broker lthe Broker3, has negotiated this lease and Landlord agrees to pay Broker in Kerr County, Texas, upon commencement of this lease, a negotiated fee of f or 6X of the total rental provided for in this lease to be divided as follows: NR. In the event this lease is extended, expanded or renewed, landlord agrees to pay Broker an additional negotiated fee of 4 or 6X of the total rental for such extension, expansion or renewal per-iad, payable at the time of commencement of such extension, expansion or renewal, said fee to be divitled as follows: NR. Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this lease excepting only Ron Imel and it knows of no other real estate broker or agent who is entitled to a commission iri connection with this Lease. 2v. Notices. Notrieac to Tenant shall be by certified mail or other delivery to the leased premises ar to Tenant's last known address. Notices to Landlortl shall be by certified mail to the place where rent is payable. 26. Default by Landlord. In the event of breach by landlord of any covenant, war^ranty, 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 s default and shall entitle Tenant eitfi er to terminate this leas a or cure~the default and make thenecessary repairs and any expense incurred by Tenant shall be reimbursed by the Landlord after reasonable mat ice of thr repairs and expenses incurred. 27. Bdgtrs. During thr last 30. day'sof this lease, a "Far Sale" sign and/or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 'c'8. Right of Entry. Landlord shall have the right during normal business hours to enter the demised premisesl LRNDLORD SIGNRTURE County .iudge~ Kerr County 700 Main, Kerrville, Tx 78028 PO Pax 8298, San Antonio 78208 TELEPHONE TELEPHONE BROKER SIGNRTURE BY: AGENT SIGNRTURE gbDRE35 TELEPHONE ~~ CNOTE: This form is furnished by tha Texas Rssociation of RERLTO RS 'For the convenience of its members.] EXHIBIT R AND B ARE NOT PART OF "fHE MINUTES. pRGE 440I RDDENDUM TO LEASE OF PREMISES RT 433 RUINLRN (.' This addendum is entered into on Oct o6er lr 1997, between Kerr ~~~ County and Thad M. Zieglerr is hereby made a part of said leaser and is incorporated therein for all purposes: Lease'prbvisd on Bbr "Security Deposit" is amended to read as follows: "Tenant shall pay to Landlord a security deposit in the sum of fir600. 00r payable on ar before the commencement of the lease for Tenant's faithful performance hereunder. Refuntl thereof shall be made upon performance of this lease agreement by Tenantr minus any assessments mr damages unless Tenant and Landlord provide otherwise in Special Provision." Lease Provision 1117 is hereby amended to read as follows: "Landlord is granted an express contractual lien: in addition to any lien provided by laver and a security interest in all property of Tenant found on the leased premises to secure the com pl iancs by Tenant with all terms of the leaser with the exception of all probation department files and records. Lease Provision 1138 (1)r "Special Rrovisionsr" is hereby modified to read: "Tenant agrees to pay in advance the first month's rent." Lease Provision N28 (2), "Special Provisioner" is hereby modified to read: "Landlord agrees to allow Tenant to take possession of the pr•o perty on December it 1993r provided that _...... . ..__,_.,...,1aadl ord_has--racaivmd-mvidanee that. tha_i n.m uranee specified in paragraph 7 is in effect, and that the lantllord has received the first month's rent plus Slr b00. 00 security deposit." Lease Provision N38 (3T is added, which pravisinn shall read "Payment of said monthly rentals is reads subject to the county funding said payments for each year. Tf county fails to fund said lease in either pf the two remaining years of the looser said fai$urr to fund w D3~don st it ute tmrminatioh pf th• lease without Tenant incurring further obligation to make additional rental payments." The parties to this lease signify their approval of said addendum antl agreement with its terms by their signat~_:res subscribed beIowr this 20th day of Dctoberr 1997. /s/ Robert R. Denson /s/Thad M. Zeigler Kerr County Thad M. Zeigler Tenant Landlord v ORSE 440,T