Ip III N 1 U ORDER NO. :.5776 APPROVAL OF THE SECOND AMENDMENT TO THE DROP-OFF CENTER LERSE AGREEMENT BETWEEN THE CITY OF N,ERRVILLE AND KERR COUNTY On the EOnd day of February 1999, ~_ipon motion made by Commissioner Let z, seconded by Commissioner- Griffin, the Court unaniAOUSly approved by a vote of 4-0-0, the Second Rmendment to the Recycling Drop-off Center- Lease Agreement between the City of Kerrville and N.er•r Co~_inty, a~_ithor^izing Co~_inty J~_idge to sign same. _- -- - _- 17 ~ VI G' I L G, : COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henneke MEETING DATE: March 8, 1999 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: County Judge TIME PREFERRED: Consider and discuss approval of the Second Amendment to the Recycling Drop-off Center Lease Agreement between the City of Kerrville and Kerr County and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge 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: 5:00 P.M. previous Tuesday. 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. lY ~I Y 1 i,.~. A. SECOND AMENDMENT TO RECYCLING DROP-OFF CENTER LEASE AGREEMENT BETWEEN THE CITY OF KERRVILLE, TEXAS, AND COUNTY OF KERB, TEXAS This Second Amendment is entered into by and between the CITY OF KERRVILLE, TEXAS, a Texas home rule municipality (hereafter called "City"), and the COUNTY OF KERB, TEXAS, a subdivision of the State of Texas (hereafter called "County"), for the purpose of amending that certain Recycling Drop-Off Center Lease Agreement dated December 12, 1994, between City and County, as amended by that certain First Amendment to Recycling Drop-Off Center Lease Agreement dated Apri18, 1997, ("the Lease Agreement"). WHEREAS, City and County executed the Lease Agreement for the purpose of permitting the operation by City of a community recycling center for the benefit of City and County residents; and WHEREAS, County had previously maintained a storage building within the fenced azea of the property described in the Lease Agreement for use by the 216` Judicial District Community Services program; and WHEREAS, County has relocated said storage building on an adjacent azea of the property leased to City; and WHEREAS, City and County find it to be mutually beneficial to release from the Lease Agreement the property on which County's buildings are now located; NOW THEREFORE, for and in consideration of the following promises and conditions, City and County agree as follows:: 1. Section 1 of the Lease Agreement, as amended, shall be amended to read in its entirety as follows: 1. Leaned Pr~mi~e~~ In consideration of and subject to the terms, provisions, and covenants herein contained, County leases to City, and City takes from County, the following described real property in the City of Kerrville, Kerr County, Texas, to- wit: 1.30 acres of land, more or less, being out of that certain 1.43 acres of land described by metes and bounds in Exhibit", attached hereto and incorporated herein by reference, less that certain 0.13 acres of land described by metes and bounds in Exhibit `~, attached hereto and incorporated herein by reference. 2. The Lease Agreement shall be amended by adding a new Exhibit "B", a copy of which is attached hereto and incorporated herein by reference. !tl 0.1Y I ~ I~I.A~ 3. City and County agree that City shall from the date of execution of this amendment be required to permit the location of any buildings owned by County on the Premises except as specifically required by the Lease Agreement. 4. City and County agree that except as provided herein, all other provisions of the Lease Agreement shall remain in full force and effect. SIGNED AND EFFECTIVE as of the L day of , 1999. CITY OF KERRVILLE, TEXAS COUNTY OF KERB, TEXAS By: _ By. Ben R. ow, Mayor Frederick L. Henneke, County Judge ATTEST: Shei a L. Brand, City C er rk ATTEST: J ett Pieper, County Clerk ~- APPROVED AS TO FORM FOR CITY ~~~~ ~ ~~~ Kevin B. Laughlin, Crty Attorney APPROVED AS TO FORM FOR COUNTY: . ~, ~ ,~ H / r SECOND AMENDMENT TO RECY LING DROP-OFF CENTER LEA E AGREEM .NT -Page? IY i IIY i 1'i ~i . Y FIELD NOTES Being 0.13 acres out of the J.C. Hays original Survey No, 117, also being out of that certain 1.43 acre tract conveyed to the County of Kerr by deed dated July 13,1973 of record in Volume 166 on Page 138 of the Real Property Records of Kerr County, Texas, and being more particularly described by metes and bounds as follows to wit: BEGINNING at a point in the Southern R.O.W. line of McFarland St. said point also being the Northern most corner of said 1.43 acre tract; THENCE with said line 5.44°46'W. 50.0 feet to a point for a corner of this tract; THENCE leaving said R.O.W. line 5.44°46'W. 113.5 feet to a point; THENCE parallel to said R.O.W. line N.44°54'W. 50.0 feet to a point in the Northern most line of said 1.43 acre tract; THENCE with said line N.44°46'E. 113.5 feet to THE POINT OF BEGINNING. Exhibit "B" ~a i ul t; i. I l i , n+e crrv of KERRVILLE, TEXAS z~ February 10, 1999 The Honorable Judge Fred Henneke Kerr County Judge Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Dear Judge Henneke: I have attached two items for County Judge/Commissioners Court consideration: T'he Second Amendment to the Recycling Drop-Off Center has been signed by the City Council, and is included for completion by the County. The Community Recycling Center is,a joint effort of the City, Kerr County, and the Outreach Program of the State Hospital. At the,3ime of the execution of the lease agreement for the Recycling Drop-Off Center, Ken County m~taned a storage facility for the 216"' Judicial District Community Services equipment on the Lased premises. Both the recycling center and the Community Service programs growth outpaced the available space within the Drop-Off Center fence so the Community Service facility vas relocated to a fenced area adjacent to the Drop-Off Center. The Second Amendment to the Recycling Drop-Off Center Lease Agreement between the City of Kerrville and Kerr County defines in Exhibit "B" the 0.13 acres of land out of the 1.43 acres in Exhibit "A" that the city originally leased from the County for the Recycling Drop-Off Center and returns it to the County for locating the Community Services facility. The TNRCC 1998 Texas Community Solid Waste Services Report was sent to Judge Denson G't~ because of the TNRCC Municipal Solid Waste Pass-Through Grant the County received last year To for Code Enforcement and Illegal Dumping. The City of Kerrville completes the same form - the T~G City and County partner on the recycling items, and the City of Kerrville Landfill serves Kerr C ~ R ~ County, so I don't see why you would need to complete this form. Please feel free to refer to me ° ~ any questions that Woody Raine might have to get this cleared up. Thank you for the continued support of our recycling programs Sincerely, ,y Megan affall Environmental and Aviation Administrator 800 JUNCTION HIGHWAY • IOcRRVIl1E, TEXAS 78028-5069. 830/257-8000