~ ~ 5~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THI5
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Judge
\,
MEETING DATE: December 12, 2005 TIME PREFERRED: G}'; yS
SUBJECT: Consider, discuss and take appropriate action on proposed conditional Lease
Agreement between Kerr County and the Hill Country Mounted Peace Officers
Association for the construction of a multi-use facility adjacent to Kerr County Law
Enforcement Center for emergency operations, law enforcement training and other law
enforcement and emergency functions and purposes.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
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:
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 prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towazds your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
' •~
r
KERR COUNTY ATTORNEY
COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET
December 6, 2005
Hugh .ions
829-B Main Street
Kerrville, Texas 78028
ViA FACSIMILE: (830)896-3535 and Courthouse mail
RE: Hill Country Mounted Peace Officers Association
Dear Hugh:
REX EMERSON
KERRVILLE, TEXAS 78028
On Frday December 2, 2005 I received a proposed contra~~ on my desk rvtth no cover
sheet. Based on limited information confirmed through Judge Tinley I am presuming that you
generated the document.
I have several proposed changes/areas of concern as stated below
- pg. 2 Termination Optior. -replace "end of 2006" with a date specific, get rid of the "or both",
and supply date to written notice of termination.
- pg. Z Landlord's Insurance - Couniy currently carries x100,000/$30Qv00 insurance pursuant to
tort limits.
- pg. 3 Tenant agrees not to -please add #7, interfere v.:th landlord's operations cn adjoining
county facility
Landlord agrees to -did you mean to remove the parking option offered by the county
- pg. 4 Landlord agrees not to -Any assignments or subleases shouid'oe approved by both
entities.
Release of C12umS and stibr^vgatlCn -Iii CFder tC a`v'oid GORfn~lvn please add "S11bJ eCt t^v
paragraph A-11"
Default by landlord/events Definition of"essential services"?
MAIN NUMBER (830) 792-2220 ~ HOT CHECKS (830) 792-2221 FAX (830) 792-2228
- pg. 5 Default by Tenant/Landlord Remedies -Please change to rerlect same language as tenant's
remedies.
- pg. 6 Extension Option -Need to see the "attached rider" to respond.
Please contact Judge Tinley to discuss/ negotiate the abcve issues. I will be at a CLE in
San Antonio the next three days. I appreciate your efforts to help the Mounted Peace Officers
association achieve their goals.
i
~-
merson
Z:\Flugh\CLIEIV'[1HCMP0\2900L001\lease 120105.rtf
12/2/OS/HJ!/ng
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF I{ERR
Basic Terms
i7
Date:
Landlord:
Landlord's Address:
Tenant:
Tenant's Address:
On this day of , 2005
KERR COUNTY, TEXAS

HILL COUNTRY MOUNTED PEACE OFFICER'S
ASSOCIATION, by and through Mark Chapa, President
Premises: Approximately 15.94 acres of land, commonly known as the Sheriffs Office, Four
States Addition, Block 1, Lot 1, said property beixyg more particularly described in
~x~ilt~~:' attached hereto. ,,L~~ ~Ve~~~L~-r~e^-~
~.
se Term: 40 years
Commencement Date: January 1, <Q05
Termination Date:
Annual Rent:
December 31, 2045
$1.00 per year
Permitted Use: The Premises will be maintained for public use. In keeping with this general
purpose, it is intended that a~~~'"~~ building will be constructed on said
Premises for <~~*~~~~ ~ ~` Landlord acknowledges that Tenant is
leasing said Premises in anticipation that sufficient funds in the approximate
amount of $800,000 will be raised on or before January 1, 2007, (the
"Condition Precedent"), and that said funds will be used to construct said
building on the Premises.
Termination Option:
Tenant's Insurance:
r
rK'°' fl -fie'
~.a
At the nd of 2006, L~dlord and Tenant shall review Tenant's
progress r satisfaction ofthe Condition Precedent and based
on the status of funds raised by Tenant at such time, either parry-(ar I `,~
beEhj may elect to terminate the lease by delivering written notice ~~ ~~O
termination to the other party at which point this Lease shall
terminate and Landlord and Tenant shall be released and discharged
from the terms, conditions and obligations of same.
-% DeathBodily Injury: $500,000
Property: $500,000
andlord's Insurance:
~~~~ Commercial Genera] Liability: $500,000
~" ~ Definitions
~s^i ~~e ~r...l~~.trss C'F~ i.vs ~ L1..
loo, Doo ~ ~ <,::•Q
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aus~, twD
"Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors.
"Tenant" means Tenant and its agents, contractors, employees, invitees, licensees, or visitors.
"Essential Services" means utility connections reasonably necessary for occupancy of the Premises
for the Permitted Use.
Clauses and Covenants
A. Tenant agrees 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 IS," the Premises being currently
suitable for the Permitted Use.
~~3. Obey (a) all applicable laws relating to the use, condition, and occupancy of the
Premises.
4. Pay the rent to Landlord as herein provided, said rent being due on the 315 day of
December of each year.
/5. , J i Obtain and pay for all utility services used by Tenant and not provided by Landlord.
2
' 6. Allow Landlord to enter the Premises to perform Landlord's obligations and to inspect
the Premises.
~7. Repair, replace, and maintain the Premises.
~ 8. Repair any damage to the Premises caused by Tenant.
~9. To operate the Premises in an efficient and reputable manner.
X10. Vacate the Premises on the last day of the Term unless renewed and extended as
provided by the Extension Option attached hereto.
`~11. IIQDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM ANY
LOSS, ATTORNEY'S FEES, COURT AND OTHER COSTS, OR CLAIMS ARISING OUT OF
TENANT'S USE OF THE PREMISES.
B. Tenant agrees not to -
1. Use the Premises for any purpose other than the Permitted Use.
'~2. Create a nuisance.
/ 3. Permit any waste.
~ 4. Alter the Premises in any way other than provided herein without the prior written
consent of Landlord, said consent not to be unreasonably withheld.
`~ 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, said consent not to be unreasonably withheld.
7, /.~.71°~~FC-I-fC cc~7N ~M~-D (Cv, YjS cfcuR7<nVS !"J 1+p.S'C;/r,w~C~LS2ctJ !=,';u~~~
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. Upon completion of the Condition Precedent Tenant shall be entitled to construct
improvements as provided in the construction Addendum attached hereto and incorporated herein for
all purposes. ~
D. Landlord agrees not to -
1. Interfere with Tenant's possession of the Premises as long as Tenant is not in default.
3
1C''~Tz~Ue G C .
2. Unreasonably withhold consent to a propose ssignment or subleas onstmction
plans and specifications and the Construction Addendum attac ed here o, rations and option
extensions.
E. Landlord and Tenant agree to the following:
~/
2. Abatement. Tenant's covenant to pay Rent and Landlord's covenants aze independent.
Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason.
3. Insurance. Tenant and Landlord will maintain the respective insurance coverages
described herein.
4. Release of Claims/Subrogation. LANDLORD AND TENANT RELEASE EACH
OTHER FROM ALL CLAIMS OR LIABILITIES, BY SUBROGATION OR OTHERWISE, FOR
DAMAGE TO THE PREMISES BY REASON OF FIRE OR OTHER ELEMENTS,
REGARDLESS OF CAUSE, INCLUDING NEGLIGENCE OF LANDLORD AND TENANT.
THIS RELEASE APPLIES ONLY TO THE EXTENT THAT IT IS PERMITTED BYLAW, THE
DAMAGE IS COVERED BY INSURANCE PROCEEDS, AND THE RELEASE DOES NOT
ADVERSLY AFFECT ANY INSURANCE COVERAGE. ~, ~;'Jr z_ t 70 /3 -1 t
5. Condemnation/Substantial or Partial Taking
a. If the Premises cannot be used for the purposes contemplated by this lease
~ because of condemnation or purchase in lieu of condemnation, this lease will
terminate.
n c. Tenant will have a claim to the condemnation award or proceeds in lieu of
-' condemnation in direct proportion to any improvements Tenant has made to the
property.
6. Default by Landlord/Events. Defaults by Landlord are failing to comply with any
provision of this lease within thirty days after written notice and failing to provide Essential Services -
to Tenant within ten days after written notice.
7. Default byLandlord/Tenant's Remedies. Tenant's remedies for Landlord's default are ~'
to sue for damages and, if Landlord does not provide an Essential Service for thirty days after
default, terminate this lease.
8. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, (b)
abandoning or vacating a substantial portion of the Premises, and (c) failing to comply within thirty
4
days after written notice with any provision of this lease other than the defaults set forth in (a) and
(b) above.
9. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are ,/
to terminate this lease by written notice.
10. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party
fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth `~
in this ]ease does not preclude pursuit of other remedies in this lease or provided by applicable law.
Landlord and Tenant have a duty to mitigate damages.
11. Holdover. If Tenant does not vacate the Premises following termination ofthis lease,
unless the lease extension is exercised, Tenant will become a tenant at will and must 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.
12. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith
before filing a suit for damages.
13. Attorney's Fees. If either party retains an attorney to enforce this lease, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and
other costs.
14. ;'enue. Exclusive venue is in Ken County. /
15. Entire Agreement. This lease, together with the attached exhibits and riders, is the
entire agreement of the parties, and there are no oral representations, warranties, agreements, or i
promises pertaining to this lease or to any expressly mentioned exhibits and riders not incorporated
in writing in this lease.
16. Amendment of Lease. This lease maybe amended only by an instrument in writing '/
signed by Landlord and Tenant.
17. 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. •
18. Notices. Any notice required or permitted under this lease must be in writing. Any
notice required by this lease will be deemed to be delivered (whether actually received or not) when
deposited with the United States Postal Service, postage prepaid, certified mail, return receipt `-~
requested, and addressed to the intended recipient at the address shown in this lease. Notice may
also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other
commercially reasonable means and will be effective when actually received. Any address for notice
maybe changed by written notice delivered as provided herein.
19. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on '~
the Premises at the end of the Term.
20. Arbitration. Landlord and Tenant agree that, following mediation, all unresolved
issues will be resolved by binding arbitration. Absent an agreement to use other rules, the azbitration
will be controlled by the American Arbitration Association's Commercial Arbitration Rules.
7
21. Extension Option. Tenant has the option to extend the Term as provided in the '-
attached extension option rider.
KERR COUNTY, TEXAS
By:
REX EMERSON
Kerr County Attorney
HILL COUNTRY MOUNTED PEACE
OFFICER'S ASSOCIATION
By:
MARK CHAPA, President
6
12i06i2dd5 11: d? dad-?92-2238 KERB COUNTI' AUDITOR PAGE d2
TEXAS ASSOCIATION OF COUNTIES
COUNTY GOVERNMENT RISK MANAGEMENT POOL
GENERAL LIABILITY COVERAGE DOCUMENT
DECLARATIONS
These Dechuations form part of the General Liability Coverage Documrnt between the Texas Association of Counties' County
Government Risk Management Pool and the Named Member shown in Item B, below.
Item A. COVERAGE DOCUMENT NO.: 1330
/!em B. NAMED MEMBER AND ADDRESS: KERB COUNTY
700 MAIN STREET
KERRVILLE, TX 78028
Item C COVERAGE PER10D: From October I, 2005 to October 1, 2006•
•Dates under this item are 12:01 AM United States Cemral Time
Item D. LIMITS OF LlABlLl7'Y:
Bodily lajary Liability	
Per Person:	$100,000
Per Occurrence:	$300,000
Properly Damage Liability	
Per Occurrence:	5100,000
Damage to Premises Rented to the Named Member	$50,000
Personal and Advertising Injury Liability	
Per Person	$1 ~,~
Per Offense/Aggregate	$300,000
Employee Benefits Liability	$100,000
Medical Payment per Person	$1,000
Item E. DEDUCTIBLE: 55,000	
Item F. TOTAL ANNUAL CONTRIBUTION: $23,408
Item G. NOTICE OF OCCURRENCE:
Notice of an occurrence or claim (including service of process) is to be delivered immediately to the Pool via the
Texas Association of Counties Claim Department at:
Texas Association of Counties
Arm: Claims Department
P.O. Box. 2131
Austin, Texas 78768
Fax: (512)478-1426
(Immediately, in addition to any fax transmission, transmit the notice of claim and related documents by U.S. Mail
or other delivery service to the above address.)
Item H. NAMED MEMBER'S DESIGNATED POOL COORDINATOR: Mr. Tommy Tomlinson
Item !. FORMS AND ENDORSEMENTS:
The forms and endorsements comprising this General Liability Coverage Document at issuance aze:
TAC/GL (09!01); GL/EBL (0910] ); GLMUCL (09!01); GLIDED (U9lOl); GLlAIEL (09/01)
This agreement is issued byl~~~~~~~1, ~ - as authorized representative of the Pool on October 25,
2005, et Austin, Texas. ~ TT __ ~•
7AC-GLLDEC (09/Oll Page 1 of 1
Board Approved OB/16/01
12105r'2005 11:0? 830-?92-2238 KERR COUNTI' AUDITOR

Mindy L. Williams
Kerr County Audkor
FACSIMILE MESSAGE SHEET
DATE: ~ :1- L. -US~
TO:
ATTN:
PHONE#:
FAX #: ~~1 S
FROM:
FAX #: 830/782-2 8
REMARKS:
TOTAL NUMBER OF PAGES (INCLUDING THIS ONE)
oZ
iF YOU HAVE ANY PROBLEMS, QUESTIONS, O~ TH18 TRANSMISSION IS
ILLEGIBLE OR INCOMPLETE, PLEASE CONTACT US AT (830-792-2235.
THANK YOU.
I d 'W~/
SIGNATURE
PAGE 01
700 MAIN, ROOM 103 (830)792-~iS KERRVILEE, TFXAS 7878327