ORDER NO. `5511 AP'P'ROVAL OF CONTRACT BETWEEN N,ERR COUNTY AND THE CITY QF CENTER POINT FOR BUILDING WITH SUGGESTED CHANGE5 On this day the 9th day of Febr+_iary, 1998 upon motion made by J+_tdge Denson, seconded by Commissioner, Lackey, the Go~_trt unanimously approved by a vote of 4-0-0, the contract between Herr Co+_inty and the Gity of Center Point far b+_tilding with suggested changes of deleting Section C:~, +_~nder Landlord agrees to-- and adding +_tnder General Gonditians Section A Tenant agrees to-- No. ice' Make all r^epairs and maintenance to premises and to pay for same and a+_tthori~e Co+_tnty J+_tdge to sign same. '` SENDER: ^cornpl•t• N•nr t anNor 2 for eddltlond services. I also wish to receive the a ^Compl•te sterns 3, aa, and 4b. ^Prin1 your name and address on the reverse of this form so that we can return this following services (for an card to you. extra fee): si > ^Attseh ttds Corm to ttre trout of the mdlpiece, or on the back if space does not 1. ^ Addressee's Address o '^ WAefum Receipt Requested' an the rtrdlpiece b•bw the amide number. ^ 2• ^ Restricted Delivery Z °~' ~ rna Return Recelpl will show to whom the artld• was delivered and the date dalfvered. Consult postmaster for fee. a. Article Addressed to: 4a. Artlcle Number oc i C ty of Center Point 4b. Service Type P . O . BOX 219 ^ Registered ~ Certified ~ _ Center Point, Texas ^ FacpressMail ^ Insured ~ 7 8 010 ^ Return Receipt for tvfert~andise ^ COD 7. Date of Delivery ~ ~ - ~~ T 5. Received By: (Print Name) 8. Addressee's Address (Only if requested ~ • ~ S and foe is paid} ~ g 6. Signature: (A ressee or Agen!} . - -c - PS Form 381 Y,.becember 1994 ~o2ss5-s~-e-one Dome: STATE OF TEXAS § COUNTY OF KERB § SATE: February 12f ~ 1998 ~ANO~oRD: KERB COUNTY, a political subdivision of the State of Texas sENANT: CITY OF CENTER POINT, a political subdivision of the State of Texas THIS LEASE CONSISTS OF SEVEN PAGES INCLUDING THE ATTACHED GENERAL CONDITIONS Fremrses: The Premises is a metal building on land located on West Kelly Street, Center Point, Texas, being office space of approximately 288 square feet, which is generally shown and described on the drawing attached as Exhibit "A" and made a part hereof. TEtiM: The term of this Lease shall be one (1) year from the commencement date unless sooner terminated as provided herein. Tenant shall have and is hereby given two options to renew this lease for a period of one year in each instance, to follow consecutively upon the expiration of the term hereof and any prior renewal period, upon the same terms and conditions contained herein except the rent for each renewa! period may be the market rate as determined by Landlord in its sole discretion. Each option to renew shall be exercised by Tenant giving written notice to Landlord of its intentions to renew not less than 90 days prior to the expiration of date of the initial teem or the renewal period, as the case may be. Within 30 days of Landlord's receipt of such written notice, Landlord shall notify Tenant in writing of the annual rent due for the renewal period. COMMENC>=MENT DATE. Tenant's possession of the Premises shall begin ors date of final execution by Landlord and Tenant as indicated below. RENT: The sum of One Hundred Twenty ($120.00} Dollars per year for the first year of the Term, which sum ShaA be paid by Tenant to Landlord every year on the anniversary of the Commencement Date of this Lease, with the first payment to be made upon execution of this Lease. GENERAL CONDITIONS A. Tenant agrees to-- 1. Lease the premises for the entire teem beginning on the commencement date and ending on the termination date. 2. Accept the premises in their present condition „as ie," the premises being currently suitable for Tenant's intended use. 3. Obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the premises, including the rules and regulations of the building adopted by Landlord. 4. Pay annually ,in advance the base rent to Landlord at Landlord's address. 5. Pay, as additional rent, all other sums due under this lease. 6. Pay for all utility services charged to the premises including the part not being used by the Tenant. 7. Allow Landlord to enter the premises to perform Landlord's obligations, inspect the premises, and show the premises to prospective purchasers or tenants. 8. Repair, replace, and maintain any part of the premises that Landlord is not obligated to repair, replace, or maintain, normal wear excepted. 9. Repair arty damage to the premises caused by Tenant. 10. Submit in writing to Landlord any request for repairs, replacement, and maintenance that are the obligations of Landlord. 11. Vacate the premises on termination of this lease. 12. Complete all repairs and maintenance as called for on bid submitted by Tenant. B. Tenant agrees not to-- 1. Use the premises fnr any purpose other than that stated in the basic Lease terms and definitions. 2. {a) Create a nuisance, {b) interfere with any other tenant's normal business operations or Landlord's management of the building, ic) permit any waste, or td) use the premises in any way that is extra hazardous, would increase insurance premiums, or would void insurance on the building. 3. Change Landlord's lock system, 4. Alter the premises without written permission 5. Allow a lien to be placed on the premises. 6. Assign this lease or sublease any portion of the premises without Landlord's written consent. C. Landlord aereee to-- 1. Lease to Tenant the premises for the entire term beginning on the commencement date and ending on the termination date. 2. Obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the building. D. Landlord agrees not to- t. Interfere with Tenant's possession of the premises as long as Tenant is not in default. 2. Unreasonably withhold consent for alterations to the premises. B. Landlord and Teaaat agree to the following: 1. Alterations. Any physical additions or improvements to the premises made by Tenant will became the property of Landlord.. 2. Abatement. Tenant's covenant to pay rent and Land- lord's covenants are independent of each other. Except as otherwise provided, Tenant shall not be entitled to abate rent for any reason. 3. Casualty/Total or partial Deetructfon. (a) If the premises are damaged by casualty and can be restored within ninety days, Landlord will, at its expense, restore the premises to substantially the same condition as they existed before the casualty. If Landlord fails to complete restoration within ninety days from the date of written notification by Tenant to Landlord of the casualty, Tenant may terminate this lease by written notice to Landlord.(b) if the premises cannot be restored within ninety days, Landlord has an option to restore or not to restore the premises. !f Landlord chooses not to restore, this lease will terminate. If Landlord chooses to restore, it will notify Tenant of the estimated time to restore and give Tenant an option to terminate this lease by notifying 1Landlord within ten days. rf Tenant does not terminate this lease, it shall continue and Landlord shall restore the premises as provided in ta) above.(c) To the extent the premises are untenantable after the casualty and the damage was not caused 17y Tena»t, the rent will be adjusted as may be fair and reasonable. 4.. DefauJ.t by Tenant /Landlords Rentediea . Landlords remedies for Tenant's default are t~ ta? enter and take possession of the premises, after which Landlord may relet the premises on behalf of Tenant and receive the rent directly by reason of the reletting, or (b) terminate this lease by written notice. Landlord may enter and take possession of the premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the premises, until the default is cured,without being liable for damages. 5. Holdover. If Tenant does not vacate the premises . following termination of this lease, Tenant shall be a tenant at will and shall vacate the premises nn receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the term. 6. Venue. Venue is in the county in which the premises are located. 7. Amendment of Lease. This lease may be amended only by an instrument in writing signed by Landlord and Tenant. 8. Limitation of Warranties. There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease. 9. Notices. Any notice required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to Landlord or Tenant at their addresses. 10. Abandoned Property. Landlord may retain, destroy, or dispose of any property ].eft on the premises at the end of the term. PunPOSF: The purpose of this Lease is to make the Premises available to the Tenant for use as OFFICE SPACE only. NoTicES: All notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice. TO: Kerr County Road 8~ Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 WITH A COPY TO: Kerr County Judge 700 Main Street Kerrville, Texas 78028 TO: City of Center Point P. O. Box 219 Center Point, Texas 78010 IN WITNESS WHEREOF, the parties hereto have executed this Lease in Duplicate originals on the day and year as below indicated. ~ . Landlord: Kerr County, a political subdivision of the State of Texas Tenant: City of Ce _ er Point_ a political subdivision of the State of Texas ey: Robert l4(. Dehson, County Judge ?~~ February ~ v , i 998 Mai Shults, Mayor February 1 Z' ~ .1998 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Robert A. Denson known to me to be the person whose name is subscribed to the foregoing instrument as Kerr County .fudge, and acknowledged to me that he executed the same in such capacity as the act and deed of the County of Kerr, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of - , 1998. ~~~~ '{~i f~, ;1 i ~ ~:: r No ry Public, State of Texa ~~ ,;=.;9-95 ~~,~~.` c,.,m;~,. rKa ; STATE OF TEXAS § COUNTY OF KERA § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Mary Shults, known to me to be the person whose name is subscribed to the foregoing instrument as Mayor of Center Point and acknowledged to me that she executed the same in such capacity as the act of the City of Center Point, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ~a ~ ~~ 1998. N tary Pubic, State of Texas Road & 8~dgc Yard on West Kelly Street in Center Point, Texas MeW 8uiidine ori~ioslly usod for Oda SOecs By Ptt. Z Comm~aoa K 111e only lotuiditt` t!W u buaa considettd Cor k~e. ..~-- 1 Z' -~• ~4~ ~i Fuel T~kS Mrtal Building Used the Road 8t Bcid~e Depsrtment Not far Lease Driveway Kc1iy Street kxh~ ~~f 'A"