ORDER N0. 257E7 AP'P'ROVAL OF LEASE AGREEMENT BETWEEN SCHREINER COLLEGE AND N.ERR COUNTY FOR THE pLACEMENT OF THE UNION CHURCH On this the loth day of February 199, upon motion made by Commissioner Williams, seconded by Commissioner Let z, the Court unanimously approved by a vote of 3-0-0, the lease agreement between N.er-r Gounty and Schreiner- College for the Union Church and authorized the County Judge to execute same. I I 1 I I i li imllW{, IY! i LEASE AGREEMENT This Lease Agreement is made and entered into by and between SCHREINER COLLEGE (Landlord) and the COUNTY OF KERB (Tenant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property containing approximately 1.00 acre of land without improvements, hereinafter called the "leased premises," as further described by the survey plat attached as Exhibit "A" and the separate site plan attached as Exhibit "B". The primary term of this Lease shall be for twenty-five (25) years commencing on the 1st day of February, 1999, and ending at 11:59 p.m. on the 31S` day of January, 2024, upon the following terms, conditions and covenants: I. Taxes. If at any time now or in the future, any assessments or taxes are levied against the leased premises or any improvements thereon, such taxes and assessments will be paid by Tenant prior to delinquency. 2. Utilities. Tenant shall pay prior to delinquency all charges for utility installation and services to the leased premises. 3. Holdi~ Over. Failure of Tenant to surrender 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 the same rental rate. 4. Ren . Tenant agrees to and shall pay Landlord One Dollar ($1.00) per year for a total sum of Twenty Five Dollars ($25.00) as rent for the leased premises. Payment will be made in advance at the signing of this Lease. 5. Use. Tenant owns the Old Union Church building ("Building") and intends to place the same on the leased premises and to cause the same to be renovated by the Kerr County Historical Commission (the "Commission"). The location of the Building shall be confined to the location shown on the site plan. Tenant shall use the leased premises for the following purposes and no other: For access and parking only at the locations shown on the site plan and, with respect to the Building, scheduled community activities and other such uses that are compatible with other campus activities. No use will be allowed that could impair or threaten Landlord's tax exempt status. The Landlord will be entitled to the use of the Building and the leased premises for small group meetings of staff and faculty on short notice (two to three days) at no cost or expense to the Landlord. Use of the leased premises and Building by the Landlord will be subject to prior booking or commitments made by Tenant or the Commission prior to the request for use being made by Landlord. Since Tenant is paying all utilities and daily maintenance, if such use by Landlord Fid ~D,r d ~~D.11MN~i~~ JMNETT PIEPEA, KEpl00. CLEpC _..._aP4 I.; 1 I' . . ~ I i~611G61Yf becomes excessive (such as more than once a week) the Landlord agrees to share proportionately in utility and janitorial expense to the extent of such excessive use. In the event the Landlord should choose to "schedule" occasional or regularly scheduled meetings in the Building (as opposed to short notice use referenced above), the Landlord will pay the regular fee or other fee as determined by the Tenant and/or Commission. 6. Security Deposit. The Commission shall pledge and deliver to Landlord, as a security deposit, a Certificate of Deposit, in the sum of Eight Thousand Five Hundred Dollars ($8,500.00), to insure Tenant's faithful performance hereunder. The Certificate will be delivered to Landlord or to Landlord's designated agent before the Building is relocated to the leased premises. The Certificate of Deposit will be returned to the Commission if and when the exterior of the Building is renovated to the satisfaction of the Landlord. In the event the renovation is not completed prior to May 1, 2000, the Landlord has the right to present the Certificate for payment and use the proceeds to remove the Building and any supporting structures from the leased premises and cancel this Lease in its entirety. 7. Insurance. Tenant shall incorporate the leased premises and Building into the Tenant's insurance program the same as any other land and buildings owned by the County. This insurance is to include general liability insurance and the Landlord is to be named as an additional insured on the liability insurance. The general liability insurance shall cover bodily injury and property damage and shall be in an amount not less than $100,000.00 per person and $300,000.00 per occurrence and shall be maintained throughout the term of this Lease. If the Tort Claims Act or successor statute is amended to increase the Tenant's potential liability, Tenant agrees to increase its liability insurance coverage to not less than the liability exposure provided by statute. Landlord will cause the Texas Arts and Crafts Foundation (the "Foundation") to add the Tenant as a named insured on the Foundation's general liability policy in connection with the Foundation's use of the parking area and entryway on the leased premises for the annual Arts and Crafts Fair. 8. Condition of Premises. This Lease is for raw land and Landlord has no responsibility for facilities or utilities to be placed on it. 9. Maintenance. Tenant shall install the foundation, move the Building on to the leased premises, install utilities and renovate the Building and thereafter maintain the interior and exterior of the Building in the same manner as other facilities owned by the County. Tenant shall keep the leased premises in a good, clean condition and shall at its sole cost and expense make all needed repairs and replacements and perform all janitorial services and maintain all parking areas. Tenant will be responsible for the installation and continual maintenance and upkeep of all landscaping around the Building. All landscaping and replacements thereof shall be subject to approval by Landlord. 10. Alterations and Improvements. Landlord has approved the construction signage and the improvements shown on the drawings attached hereto as Exhibit "C". Tenant agrees to provide two (2) handicapped accessible restrooms and a kitchen unit in the Building and four (4) -2- ~. ~ ~mwiw. as paved parking spaces and two (2) handicapped parking spaces at the location shown on the site plan. The extension of water and sewer services will not commence until after the 1999 Arts and Crafts Fair and no other work will be done that would interfere with the parking or entryway for the 1999 Arts and Crafts Fair. All alterations, additions and improvements installed at the expense of the Tenant shall continue to be the property of the Tenant. All alterations, improvements, additions and repairs made by Tenant shall be made in a good and workmanlike manner and shall comply with the building codes and ordinances of the City of Kerrville. No exterior alterations, additions or improvements maybe made without the prior written consent of the Landlord. 11. ('ompliance 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 and renovation of the Building and leased premises. Tenant and Tenant's agents, employees, and invitees shall fully comply with any rules and regulations governing the use of the Building or other improvements to the leased premises as are required by Landlord. 12. Assignment and Subletting. Tenant is responsible for this Lease but may assign the renovation and day to day operation of the facility to the Commission, an agency of the County government. 13. Destruction. In the event the Building or leased premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to the Landlord. Tenant may repair the damage and restore the premises to substantially the same condition as immediately prior to the occurrence of the casualty. Such repairs shall be made at Tenant's expense. In the event the Tenant decides not to repair or rebuild the facility, Tenant shall remove the foundation, Building and all improvements within sixty (60) days after the casualty and this Lease shall terminate as of such date. If Tenant does not commence restoration within thirty (30) days after the date of the casualty and diligently proceed and complete repairs within six (6) months, Tenant shall be deemed to have elected to not rebuild and Tenant shall remove the foundation, Building and other improvements within the time frame set forth above. 14. Ac es . Tenant will maintain the keys to the facilities and will furnish keys to Schreiner College Campus Security. 15. INDEMNITY. NEITHER LANDLORD NOR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL BE LIABLE TO TENANT OR TO TENANT'S EMPLOYEES, PATRONS, VISITORS, INVITEES OR ANY OTHER PERSONS FOR INNRY TO ANY SUCH PERSONS OR FOR DAMAGE TO PROPERTY ARISING OUT OF THE USE, OCCUPANCY AND OPERATION OF THE LEASED PREMISES AND BUILDING BY TENANT OR TENANT'S INVITEES. UNLESS CAUSED BY THE NEGLIGENCE OF LANDLORD OR THE FOUNDATION OR THEIR RESPECTIVE EMPLOYEE'S, PATRONS, VISITORS OR INVITEES, TENANT AGREES TO INDEMNIFY AND HOLD LANDLORD AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL LIABILITY, CLAIMS, LOSS, COSTS AND EXPENSES (INCLUDING COURT -3- i ~ I H ii'41Y4a. tYl .. COSTS AND ATTORNEY FEES) ARISING OUT OF ANY SUCH INJURY AND DAMAGE, WHETHER THE INJURY OCCURS ON OR OFF THE LEASED PREMISES. 16. Signs. Tenant shall not post or paint any sign at, on, or about the leased premises or on the exterior walls of the Building except with the prior written consent of the Landlord. Landlord has approved the construction period signage attached as an exhibit to this Lease, and Landlord also has approved placement of a temporary "fundraiser thermometer" sign on the premises; provided that the sign locations must be approved by Landlord. 17. Hazardous Materials. Tenant warrants and represents that the property will not contain "Hazardous Materials", as that phrase is defined herein. For purposes of the provision, the phrase "Hazardous Materials" shall mean and include any toxic, contaminated or other hazardous materials including, without limitation, asbestos, 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 of the improvements to be put on the property. Tenant acknowledges that current and future federal, state, and local laws and regulations may require the cleanup 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 to, current, past, and future owners and users, including tenants of the property. Tenant will be responsible for determining the existence of lead based paint in the Building. If same exists, lead based paint will be removed and disposed of by Tenant as part of the renovation and will be performed in accordance with applicable law and regulations at Tenant's expense. 18. Return of Premises. Upon expiration or earlier termination of this Lease, Tenant will return the leased premises to Landlord in the same or better condition than on the date of the execution of this Lease. Tenant will be solely responsible for removal of the foundation, Building and other improvements from the leased premises prior to the expiration or earlier termination of this Lease. 19. Relocation of Access. Landlord reserves the right to change and relocate the access to the leased premises. Tenant acknowledges that any substituted access may or may not be as convenient as the present access. 20. Tenant Default. In the event of default by Tenant in any of the covenants contained herein, Landlord may enforce the performance of this Lease in any manner provided by law, and this Lease may be terminated at Landlord's discretion if such default continues for a period of ten (10) days after Landlord notifies Tenant of such default and its intention to declare the Lease terminated. Unless Tenant shall have completely removed or cured said default within said time frame, then this Lease, at the option of Landlord, shall cease and come to an end as if that were the day originally fixed for the expiration for the term hereof and Landlord or Landlord's agent or attorney shall have the right, without further notice or demand, to reenter and remove all persons and Tenant's property therefrom without being guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of covenant. In the event of any such -4- ;; 1 I , G I~ ll&!. lit !. termination, Tenant, at its sole cost and expense, shall be required to remove the foundation, Building and all other improvements within sixty (60) days after the termination date. 21. Attorneys Fees. In the event Tenant defaults under this Lease and Landlord places the enforcement of this Lease or the recovery of the leased premises in the hands of an attorney, or files suit upon the same, Tenant agrees to pay all attorney's fees and court costs incurred by Landlord in enforcing this Lease. 22. Parking Areas. Tenant intends to construct additional gravel pazking spaces at the location designated on the attached site plan to provide parking for users of the Building on the leased premises. Landlord shall be entitled to use such parking area so long as such use does not interfere with users of the Building. Such parking areas shall be maintained by Tenant at its sole cost and expense. Such parking area will include approximately fifty (50) parking spaces. Each year, the Foundation shall be entitled to the exclusive use of the entirety of the parking area on the leased premises and also that part of the leased premises as is necessary or desirable as an entryway in connection with the annual Arts and Crafts Fair, at no cost or expense to the Foundation or the Landlord. 23. Removal of Building by Landlord. If the foundation, Building or other improvements of Tenant are not removed from the leased premises by Tenant within the time as provided in this Lease, then Landlord or Landlord's representatives, contractors and/or agents may enter upon the leased premises and remove the Building and all other improvements. All such property belonging to Tenant and situated on the leased premises is hereby subjected to a contractual landlord's lien and security interest to secure performance by Tenant of all of its obligations hereunder, which lien and security interest maybe imposed and enforced in accordance with the Texas Business and Commerce Code. Landlord shall not be responsible for any damage or destruction of the Building or any other improvements. At Landlord's election, Landlord may remove the Building and impose charges for the storing of any such abandoned property. In such event, Tenant shall pay the Landlord, upon demand, all such charges and expenses incurred by Landlord, including charges for storage and for all court costs and attorney's fees. The foregoing provisions with respect to removal of the Building and other improvements also shall apply to the exercise of Landlord's remedies under Pazagraph 6 of this Lease in the event that the renovation is not completed prior to May 1, 2000. 24. tice . Notices to Tenant shall be by certified mail or other delivery to the Kerr County Courthouse. Notices to the Landlord shall be by certified mail to the Business Office of Schreiner College. Notices will be deemed delivered upon deposit of the same with the postal authority. 25. Right of EntrX. Landlord shall have the right during normal business hours to enter the leased premises to inspect the general condition and state of repair thereof, and for any other reasonable purpose. 26. Time of Essence. Time is expressly declazed to be of the essence in this Lease. -5- I .. 1 I I .. 4 IIkIIG,'Itt i. 27. Rights and Remedies Cumulative. The rights and remedies under 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. 28. Texas Law to Apply. This agreement shall be construed under and in accordance with the laws of the State of Texas. 29. Legal Construction. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 30. Prior Agreements Superseded. This Lease constitutes the sole and only agreement of the parties to this Lease and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter of this Lease. 31. 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. 32. Special Provisions. (a) Tenant will retain ownership, control and responsibility for the Building and any other improvements placed on the leased premises throughout the life of the Lease. (b) Tenant, either directly or through the Commission, as the agent of Tenant, will develop a fee schedule for the use of the Building and schedule all activities and use of the Building. (c) Landlord must approve the site plan and all proposed renovations, and all plans and specifications provided by the Commission, prior to commencement of any work. Landlord will have complete architectural approval of the Building and all other improvements, alterations and additions to the leased premises and all landscaping and parking areas. The renovations will include a security system for fire, smoke and break-ins. No security service will be provided by Landlord; however, Landlord agrees that the leased premises will be on the "drive by" schedule for the Landlord's campus security. Landlord has approved the attached Exhibit "B" site plan and Exhibit "C" drawings. (d) Tenant or the Commission will erect a sign on the site designating the site with a depiction show the original appearance of the Building. In no event will the Building or other improvements receive any State of Texas or other historical designation that would preclude or impair any changes or removal of the Building or such other improvements. -6- ~ :: ~ u ma~'at 33. Five (5) Year Reviews. At lease once every five (5) years during the term of this Lease, Landlord and Tenant agree to meet informally to review the Tenant's operation of the leased premises and Building and to discuss any financial or other hardships or difficulties that either party may be encountering with respect to this Lease and the operation by the Tenant or the Commission of the leased premises and the Building. Each party agrees to attempt to mediate and resolve any such hardships or difficulties in a reasonable, good faith manner. 34. Approvals. Any approvals or consents required of Landlord hereunder will not be unreasonably withheld or delayed. . EXECUTED effective as of the last date of execution hereof. COUNTY OF KERR BY: Frederick L. Henneke County Judge Date: 2~2,/~ g SCHREINER COLLEGE NamE Title: Date: ? 1 ~,~9g -~- i 1 I I ._. p lEll~l:lo( SURVEY PLA'i' FOR f:00 ACRE OP LAND, MORE OR LESS, OUT Of SAMU$L Vl•',\1.,1,Al:l~ SURVEY NO. 1 l4, A[3S'r'RACT NO. 348 IN "THE CITY OP KF,RRV(LL,i;, Y.13RIZ COUNTY, TEXAS; PART OP 35 ACRES O~ LAND CONVF..Y[iD PROM 'CI-IE 130ARD U~ 'TRUSTEES O(' TE-fE WESTMMSTER SCIIOUI, AT`J!) I?N('AMPh•IIiNT, INC. TO SCIIREINER iNSTITUTP, !3Y A DEED DA'r'I;D '1'1!13 11'll DAY OP JANi1ARY, 1950 AND RECORDED IN VOLUME 87 A'f PAGE S39 Of 'fllE f)fi(iD RECORDS OT KIiRR COtIN'('Y, •rrxns _ ~ scnLl:: t°=loo' ~ ~ LEGCNI) ~ ~ J • farad K' iron xlnke a ~ 75 ACRIiS 1Fc>munga Schad fu Schreiner Inxlihne ~ VnI. Nl I'g. 5)91UIq O xcr "•' iron slnkc P7 • ~ - nl!I1!50 ~~° I I'E ~ rot.ey' i nKk cnlunms M con mitt T ~ ~ ~ ~ ~° I ~ .A o~ I m ° I.oo ncRE ~'o ?~ ' ~ N -1 ~~~ ~ SQZ°37~E, 52.47' ~ 546°OQ. V~ 6`• S ~'' 4777' ~~ I~G42°37'Vy, SZ.m' N43"51'~y 546'pp'yr,z5,'z3• "75.91' `'r>. ~~ir ~i ~r~> ~~ . ~L 9~ I hcrcby eerllfy 16n1 dtix pIM and ncrnmprmying field nnlex dexcripinn me ~MX°rnle 'L rcprcxenl•lions of the properly shmm nnJ described Ircmm ax dclnmined by n ° survey mode on the 8mrmd rmdtt my dirccliw and xnpen•isinn. csccpl nn suvey cyj was made b rcalnAlish Pn1en1 Surny liner a mmttx; and Ihnl atl pngmny moron me a shown. (Oenring hnsis ~ Tme rxinN boxed on OPR nhscrv•liaul OF Doted this 3°day of February. 1999 ~• ~ ~P 60x6 TFq,ti ~~x .e ~ F~ LEE C. VOELKEL I.ee C. Voelkcl Rsytisltrcd PmfasMnd innd Grnxym No, J909 ,9 q0 39(19 ~r iQ Camy firrnyar for Knr Canny. 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