ORDER N0. E6088
CRNCEL LERSE BETWEEN KERB COUNTY
AND CITY OF CENTER F'OINT (ARULISHED)
FOR RENTRL OF PREMISES ON WEST NF_LLY STREET, CENTER F'OINT
(RERSSIGNMENT OF SAME TO
JP#c' RND COMMISSIONER PCT#~')
On this the :5th day of October 1999, upon motion made by
Commi.ssioner• Williams, seconded 6y Commissioner Let z, the
Court unanimously approved by a vote of 4-0-0, cancelling the
lease between Kerr Coi_inty and City of Center Paint (abolished)
for- the office premises on West Kelly Street, and assign i_ise
of that space to the Commissioner of Precinct #c and the
J~_~stice of the F'eace, Precinct #c, as an extension of their
respective offices.
COMMISSIONERS' COURT AGENDA REQUEST
MADE BY:
MEETING DATE
OFFICE:
October 25 , 1999
SUBJECT: (PLEASE BE SPECIFIC)
Commissioners' Court
TIME
Consider and discuss cancellation of lease between Kerr County and City of Center Point (abolished)
for rental of premises on West Kelly Street, Center Point, Texas, and reassign same to Commissioner
Pct. #2 and Justice of the Peace Pct. #2, to be utilized as Eastern extensions of their respective offices;
and furnish same appropriately.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed 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.
Commissioner Pct. #2
5:00 P.M. previous Tuesday.
ORDER N0. 25211
RPPROVAL OF CONTRACT BETWEEN N,ERR COUNTY
AND THE CITY OF CENTER F'OINT FOR BUILDING
WITH SUGGESTED CHRNGES
On this day the 9th day of Februar-y, 1998 upon motion made by
.judge Denson, seconded by Commissioner Lackey, the Court
unanimously approved by a vote of 4-0-0, the contract between
1',er•r^ County and the City of Center^ Point for- building with
suggested changes of deleting Section C3 under- Landlord agrees
to-- and adding under^ General Conditions Section A Tenant
agrees to-- No. 12 Make all r-e pairs and maintenance to
premises and to pay for- same and authorize County Judge to
sign same.
STATE OF TEXAS §
COUNTY OF KERR §
DATE: February IZf~'1998
t.ANDLORD: KERB COUNTY, a political subdivision of the State of Texas
TENANT: CITY OF CENTER POINT, a political subdivision of the State of Texas
THIS LEASE CONSISTS OF SEVEN PAGES INCLUDING THE ATTACHED
GENERAL CONDITIONS
Premises: 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 tlescribed on the drawing attached as
Exhibit "A" and made a part hereof.
TERM: 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 renewal 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 term or the renewal period, as
the case may be. Within 30 days of Landlord's receipt of such written notice,
Landlord shalt notify Tenant in writing of the annual rent due for the renewal
period.
COMMENCEMENT DATE. Tenant's possession of the Premises shall begin on 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 shall 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 agree6 to--
1. Lease the premises for the entire term 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 am 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 for ar~y purpose other than that
stated in the basic lease terms and definitions.
2. (a) Create a nuisance, (b3 interfere with any other
tenants normal business operations or Landlord's management
of the building, (c) permit any waste, or (d) 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 agrees 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 Tenants possession of the premises as
long as Tenant is not in default.
2. Unreasonably withhold consent for alterations to the
premises.
8. Landlord and Tenant agree to the following:
1. Aiteratioae. Any physical additions or
improvements to the premises made by Tenant will become 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 Destruction. (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.(b1 1f
the premises cannot be restored within ninety days, Landlord
has an option to restore or not to restore the premises. Tf
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 Landlord within ten days.
2f Tenant does not terminate this lease, it shall continue
and Landlord shall restore the premises as provided in
(a) above.(c) To the extent the premises are uncenantable
after the casualty and the damage was not caused by Tenant,
the rent will be adjusted as may be fair and reasonable.
4.. Default by Tenant/Landlord's Remedies.
Landlords remedies for Tenants default are to (a) 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) terninate triis
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.
S. 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 on 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 Leaee. This lease may be amended
only by an instrument in writing signed by Landlord and
Tenant.
8. Limitation of SParrantiea. 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 left on the premises at
the end of the term.
PuRaosE: The purpose of this Lease is to make the Premises available to the
Tenant for use as OFFICE SPACE only.
NoTict:s: 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 ~ 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 Countv.
a political subdivision
of the State of Texas
Tenant:
City of Center Point. a political
subdivision of the State of Texas
Robert son,
County Judge
?~r~
February ~ v , 1998
By: ~~
Ma Shults, Mayor
February ~. 1998
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF KERR §
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 Judge, 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 _ ~.
c i.'i ! /
r~, of :.gas ; No ry Public; State of Tex;
Comm. Exp. G1~G5-99 ffi
STATE OF TEXAS §
COUNT( OF KERB §
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 is
1998.
~ 0.----, ~ ~a~--
` % N tary Pub ic, Sffftate of Texas
~a /
~. .' 'i% '1.`~~..
•r:.`.
Road & Bridgc Yard
Furl Tattki
on
West Kelly Strcct in Center Point, Tcxas
Meat 8uildiae orifjoaLLy ,~~
ttsod for Office Spaoe
By ttt 2 Commimioner
is Arc only t~wldinc that u
ltetu6 cvasiderod for lwe.
.r_ l2' -.
!4"
Mctd Building Uscd
the Road & Bridge
Departmcttt
Not for Lease
Driveway
Kclty Street
~~~