ORDER NO. 25742
APPROVAL OF OFFICE SPACE IN INGRAM
FOR THE OFFICE SUBSTATION AND
JUSTICE OF THE PEACE PRECINCT 4
On this the c5th day of Jan~_~ar•y 1999, ~_ipan motion made 6y
Commissioner^ Griffin, seconded try Commi.ssioner^ ~et~, the Co~_ir~t
unanimo~_isly approved by a vote of 4-Ql-Qi, accept a Tease f'r'om
i='r^iour for office space inInyram far Tax Of1=ie•e S~_rt~staj.ion
and J~_istice of F'eace F~'recinct 4 not to exceed ~4~~ per month
for- two year°s with the r'enBWc'at option at X450 a month ar7d
a~_ithar^ize the Co~_inty Judge to execute <;~_ich a Tease.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Glenn Holekamp OFFICE: Maintenance
MEETING DATE: January 25. 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss possible office space in Ingram for Tax Office Substation and Justice of
Peace Precinct 4.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #4/Maintenance Su
5 Min.
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:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prep ,ed 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, Court Order No. 25722.
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COMMERCIAL LEASE
This lease is made between James W. Priour, III, Agent, of Kerr County, State of Texas, herein called Lessor, and
The County of Kerr, of Kerr County, State of Texas, herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the City of Ingram, County of Kers, State of
Texas, described as 214B Junction Highway, upon the following TERMS and CONDITIONS:
1. Term and Rent. Lessor demises the above premises for a term of approximately ten and one-half (10 %:)
months, commencing on or about February 10. 1999 and terminating on September 30. 1999 , or sooner as
provided herein at the monthly rental of Four Hundred Dollars ($400.00), payable in advance on the first day of each
month for that month's rental, during the term of this lease. Rental for the month of February 1999 will be prorated
for the actual number of days that Lessee has possession of the premises. All rental payments shall be made to
Lessor, at the address specified above.
2. Use. Lessee shall use and occupy the premises for County Offices. The premises shall be used for no other
purpose. Lessor represents that the premises may lawfully be used for such purpose.
3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair,
unless otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises in good
and safe condition, including plate glass, elech~ical wiring, plumbing and any other system or equipment upon the
premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear
excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, structural
foundations, and hvac systems which shall be maintained by Lessor. Lessee shall also maintain in good condition
such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrubbery, which would otherwise
be required to be maintained by Lessor.
4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations,
additions, or improvements, in, to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal,
state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned
by or affecting the use thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without
prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment of subletting
without consent shall be void and, at the option of the Lessor, may terminate this lease.
7. Utilities. All applications and connections for necessary utility services on the demised premises shall be made
in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those
for sewer, water, gas, electricity, and telephone services.
8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable
times upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty
(60) days prior to the expiration of this lease, to place upon the premises any usual "To Let" or "For Lease" signs,
and permit persons desiring to lease the same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall
not be liable for any damages caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable
for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within fifteen
(15) days of the commencement of the term hereof.
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10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person,
or to any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless
from any claims for damages, not matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate glass and public liability insurance including bodily
injury and property damage insuring Lessee and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate
shall provide for a ten (10) day written notice to Lessor in the event of cancellation or material change of coverage.
To the maximum extent pemutted by insurance policies which may be owned by Lessor or Lessee. Lessee and
Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist.
12. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building
materially affecting Lessee's use of the premises, shall taken by eminent domain, this lease shall terminate on the
date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as the
termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be
entitled to any pazt of the awazd for such taking or any payment in lieu thereof, but Lessee may file a claim for any
taking of fixtures and improvements owned by Lessee, and for moving expenses.
13. Destruction of Premises. In the event of a partial destruction of the premises during the term hereof, from any
cause, Lessor shall forthwith repair the same, provided that such repairs can be made with sixty (60) days under
existing governmental laws an regulations, but such partial destruction shall not terminate this lease, except that
Lessee shall be entitled to proportionate reduction of rent while such repairs are being made, based upon the extent
to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs
cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this
lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect
to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of
either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of
not less than one-third (1/3) of the replacement costs thereof, Lessor may elect to terminate this lease whether the
demised premises be injured or not. A total destruction of the building in which the premises may be situated shall
terminate this lease.
14. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults in
the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default
and if Lessee does not cure any such default within fifteen (15) days, after the giving of such notice (or if such other
default is of such nature that it cannot be completely cured with such period, if Lessee does not commence such
curing within such fifteen (15) days and thereafter proceed with reasonable diligence and in good faith to cure such
default), the Lessor may terminate this lease on not less than fifteen (15) days' notice to Lessee. On the date
specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to
Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor,
Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or
other occupants and their effects. No failure to enforce any term shall be deemed a waiver.
15. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of Four Hundred Dollars
($400.00) as security for the performance of Lessee's obligations under this lease, including, without limitation, the
surrender of possession of the of the premises to Lessor as herein provided. If Lessor applies any part of the deposit
to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so applied so that Lessor
shall have the full deposit on hand at all times during the term of this lease. Any amounts on deposit with Lessor
shall be refunded, in full, to Lessee at the termination of this lease, provided that Lessee is in compliance with the
terms of this pazagraph.
16. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or
State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this
lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of
paid tax bills an amount equal to 100% of the increase in taxes upon the land and building in which the leases
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premises aze situated. In the event that such taxes aze assessed for a tax year extending beyond the term of the lease,
the obligation of Lessee shall be proportionate to the portion of the lease term included in such yeaz.
17. Common Area Expenses. In the event the demised premises are situated in a shopping center or in a
commercial building in which there aze common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes,
and insurance for the common area.
18. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or
because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall
be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
19. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
20. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage
prepaid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be
designated by the parties from time to time.
21. Heirs, Assigns, Successors. This lease is binding upon the and insures to the benefit of the heirs, assigns and
successors in interest to the parties.
22. Options to Renew. (a) Provided that Lessee is not in default in the performance of this lease, Lessee shall have
the option to renew the lease for an additional term of twelve (12) months (October 1, 1999 to September 30, 2000)
commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during
this renewal term. (b) At the end of the first option yeaz, provided that Lessee is not in default in the performance of
this lease, Lessee shall have the option to renew the lease for a second additional term of twelve (12) months
(October 1, 2000 to September 3Q 2001), except that the monthly rent shall be the sum of $450.00. The options
shall be exercised by written notice given to Lessor not less than fifteen (15) days prior to the expiration of the lease
term in effect. If notice is not given in the manner provided herein within the time specified, this option shall expire.
23. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances
against the property.
24. Entire Agreement. The foregoing constitutes the entire ageement between the parties and may be modified
only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before
the parties' execution hereof.
Signed this ~Il-day of February 1999.
By: By:
essee
Ken County Judge
700 Main
Kerrville, Texas 78028
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