ORDER NO. 29507
CONDITIONAL LEASE AGREEMENT BETWEEN KERR COUNTY
AND HILL COUNTRY MOUNTED PEACE OFFICERS ASSOCIATION
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Tentative Lease Form with the following changes; change the
lease term to 25 years with an option to extend for an additional 15 years,
delete paragraph 21, change the County signatory from the County Attorney
to the County Judge, and subject to a survey, and at that point, to be brought
back to the Court for final approval.
~.~
~~iS07
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Jud
MEETING DATE: December 27, 2005 TIME PREFERRED: 9:45
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.
EXECUTNE 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: 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 prepazed for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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DONS LAW FIRM
829 MAIN S1'REE'I, 5UI'CE B
KERIt VILI,E, 7EXAS 78028
Tel: ~83D) 896-8383 Fax: (830) 89ti-3535
www.~onalaw.com
fI. R17MAN ("xir^! JONS HL'G[I R DONS, Jx.
ntt9pnslaw.-wn hugh~jonslaw.cnv~
FACSIM ILF, TRANSMIT'C AL SHEET
I
Hon. Pax Tinley
~CObCPAIYY:
xerr c~L~=ryJ~-~
AX N[JMIf EK
830-792-2218
~•HOnE I.,JMBER
830-792.2211
L---------~-.~
v:	

Rex Ernerson
~.._~___	~--I
COMPANY:
Kerr County Atcolney	~
AX NUMBGR	-
330.792-2228	~
HONE N[Rd9ER	
-
830-792.2220	
AOM: TOTAL NO.OF PAGLS IN'CLUDSNG COVER
Hugh R Dons, Jr. 9
JA't'E: 9F.NUP.k`5 REPERENCE NUMBEE:
~ -De-c~e~m~ber 13, 2005 Hill C-ountryMounted Peace O1~icels tissn.
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6b17
^ URGENT ®FOR REVIEVC ^ ILEA$P COMMEN'i ^ PLEASE RP.I'LY ^ PLE'ASE RECYCLE
NOTES/CAMXtENTS
Enclosed please find letter dated December 1.3
attachments Por your zsview.
Should you have any questions please coatact ms.
Hugh R. Jons, Jr.
Z:\Hugh`,CLtENTWCMY0A49WL00PIBx cover] udS= 12130idor.
2005, with
THE INPOAMATION NNTAINED IN THIS PAC9IMILF ME9SAliE Li ATTORNEY PRIVILEGED qNU CUNNIDENTIAC. iNPORACATIOR
1NTENUED ONLY FOA TC1E USC OP THE INDIt97UA!. OR AGENt kESPONSIBIE SC DBLCYER IT TO THE CNT 4N'DEU ReCI?IED'T. YOU ARE
HExEBY NOTINfEU THAT ANT DI95F.M1NATNJN, DISTRIIfCT10`1 Oa COPYC~G OF THSS COMMUN,CA'nDN [9 STRKTL}' PROHIW fED. L"
YO!J HAVE AECECVEO Tfi19 COMMUNICATION IN EARJR, PLEAS'e IMMEOIgTELY NO'PIFn' US BT TBLt:PHONE, /,NU 1LEASE RETL"RN THE
GRIGINAL .'d699AG6'f0 U9 A't''fHH ABOVE ADDP,ESS 49A THE ll.$. FD9TAL $FRV1LTi.
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DONS LAW FIRM
829 MAIN 51~REE'r, SUETF. H
KERRVtLLE, TEXAS 780:8
'fe L• (830) 896-fi383 Fax; (83U) 696.3535
www.jonsiaw,cam
H. RITMAN ("RAt") J1:1N8 HUGH ft. ]Uri18, JR.
rit~anslaw.tom ),ugh~~onslaw ~orr~
December 13, 2045
VIA F,9CSIMILF.: 830-792-2118
Hon. Pat 'Tinley
Caunty Judge, Kerr County Courthouse
700 Main Street
Kerrville, Texas 7802!?
VIA PASir7M7/"E: 830-792-2?18
Rex l;merson
County Attorney, Kerr Cowlty Caurtheuse
700 Main Street
Kerrville, Texas 78028
Re: hill Country Mounted Police Officers Assaciation
Our File No. 29001.001
Dear Sirs:
Enclosed please find the revised lease agrezment for the Hiil Coutary l~oun?ed Pe.ace
Officers Association that incorporates Rex Emerson's suggestions contained in his letter to me of
December 6, 2445. Please contact me to discuss any outstanding issues you may hate w~tfx the.
lease.
I look forward to hearing from you.
Sincerely,
YJ7/ng
:.:Wugh`!'WEN7ViCMPC1A'24G0 t 9UP3m LWg; 12I3GS.d.<
tnx~ r.a -
ugtt-I2: Jons, J~/~
cc. Ronnie Bock
Mark Chapa
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12i12!057H77ing
STATE OF'1'EXAS §
COUNTY OF KF,RR §
Date:
Landlord:
LF,ASE AGttEEMENT
Basic Terms
On this ~__ day of _
KE1tR COUNTY, TEXAS
Landlord's Address: KE12It COUNTY, TEXAS
c/o ltex Emerson; Kerr County Attorney
Ken County Courthouse, Suite BA-103
700 Main Street
Kemille, TX 78028
3005
Tenant: HILL COUNTRY MOUNTED PEACE OFEIC);K'S
A SSOCLATION, by and through Mark Chapa, Presider*.
Tenant's Address: HILL. COUNTRY MOUNTED PEACE OFFICER'S ASSOG7A?ION
c/o .Mark Chapa
P.O. Box 293202
Kerrville, TX 78029
Premises: Approsunately 1594 acres oI'land, commonly known as the Sheriffs Otfice, Four
States Addition, Block 1, Lot 1, said property being more particularly described ir.
Ex bit A attached hereto.
Lease Term:
Commencement Date:
Termination llate:
Annual Rent:
40 years
January 1, 2006
December 3I, 2045
S I.OU per year
Permitted Use: The Premises will he rnailttained for public use. In keeping with this general
purpose, it is intended that an offce budding and training facility will be
constructed on said Premises for use by Tenant. Landlord acknowledges that
Tenant is leasing said Premises in anticipation that sufficient funds iu the
approximate amount of $800,000 wilt be raised on or bei'ore 3anuary 1, 2007,
(tha "Condition Precedent"), and that said fiords will be used to construct said
building on the Premises.
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~ooa
Termination Opfiou: Ou December 15; 2006, Landlord and Tenant shall review Tenant's
progress reiaring to satisfaction of the Condition Precedent, and based
on the status of funds raised by Tenant at such time, either patty may
elect to terminate the lease by delivering written noiice oftermiriation
to the other party on or before January 31, 2006, at which point this
Lease shall terminate and Landlord and Tenant shall be released and
discharged from the terms, conditions and obligations of same.
Tenant's insurance:
Death/Bodily lnjttry:
Property:
Landlord's Insurance:
Genera] Liability:
$500,000
$500,000
$100,000 per person
$300,000 per occurrence
Definitions
"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 -
Lease the Premises for the entire'ferm beginning on the Conunencement Date and
ending on the Termination Date.
2, Accept the Premises in their present condition "AS IS," the Premises being curently
suitable for the Permitted Use.
Premises.
Obey (a) all applicable laws relating to the use, condition, and occupancy of the
4 Pay the rent to Landlord as herein providcd, said rent being due on she 315` day of
December of each year.
Obtain and pay fur all utility services used by Tenant and nut provided by Landlord.
1'L; 1,"'.i 2005 7.1 :49 S=?t 1 630 89a 3555 14tiCY RFt~I'OR ~00-a
6. Allow Landlord to enter the Premises to pertbrtn Landlord's obliga[ions and to inspect
the Prernises.
7. Repair, replace, and man~tain the Prernises.
8. Repair any damage re the Yremises caused by Tenant.
9. To operate Fhe Premises irx an efficient and reputable maru7er.
lt). Vacate the Promises on the last day of the 'Tenn unless renewed and extended as
provided by the Extensien Option attached hereto.
l I. L'~llEMNIFY, DEFENll, AND HOLD LANDLOF.D 1IARIvILESS FRC?Iv1 A`M'Y
LOSS, ATTORNEY'S FEES, COURT AND OTHER COSTS, OI? CLAIMS AR1SIhG OUT OF
I`ENAI\1"S USE OF THE PREiYfISES.
B. Tenant agrees not to -
1. Use the Premises for any purpose other than the Petmitced Use.
2. Create a nuisance.
3. Permit any waste;.
4. Alter the Premises in any way ether than provided hereir. without the orior written
consent of Landlord, said consent not to be tutreasonably withheld.
5, Allow a lien to be placed on the Premises.
6. Assign this lease or sublease any portion of the Premises without Landlord's wt'i[ten
consent, said consent not to be unreasonzbly 7vithheld,
Interfere with Landlord's operations an adjoining aaxnty facility.
C. Landlord agrees to -
1. Lease to Tenaext the Premises for the entire Term beginning on the Commencement
Date and ending on the Tenrination Dase.
2. Upon completion of the Corditior, Precedent Tenant sl:ail be entitled to constnxet
improvements as provided in the construction Addendum attached hereto and inro~xotated herein for
al] pumoses.
Allow Tenant's guests, invitees and visitors to use the adjoining county facility ter
1 .'' 13.200 i ~ : 4R F.4Y ] 830 Sf?fi S.t:i rr N~1\CY' RF.CT'CR yJ 006
overflow parking when such use will not interfere with any furtction that might be taldng place at
said facility.
[). Landlord egress not to -
Interfere with T'en<utt's possession of the Premises as long as Tenant is not in defiiult.
2. Utueasunably withhold consent to a proposed assignment or sublease, construction
plans and specifications and the Construction Addendum attached hereto, alterations and option
extensions. However, al! assignments and subleases must be approved byboth Landlord and Tenant.
E. Landlord and Tenant agree to the foilvwing:
1. Alterations. Any physical additions or improvements to the Premises made by Tenant
w11 become the property ofLandlord. Landlord may require that Tenant, at the end of the Ternt and
at Tenant's expense, remove any physical additions and improvements, repair any a'terations, and
restore the Premises to the condition existing at the Commencement late, norms' wear excepted.
2. Abaternent. T'enant's covertantto pay Rent and Landlord's covenants are 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.
~. Release of Claims/Subrogation. SUBJECT TO PARAGRAPH A-I l IfT;REIN,
L.~`vDLORD AND TEATANT REI.E.ASE EACH OTHEkFROM ALL CLALMS Ok LIABILITIES,
93Y SUBROGATION OR OTHERRrISE, FOR DAMAGE TU THF. PREMISES BY REASON OF
FIltE OR OTHER ELF,MENTS, REGARDLESS OF CAUSE, INCLUDING NrGLIGENCE OF
LANDLORD AND TENANT. THIS RELEASE APPLIES ONLY TO THE EXTENT THAT IT IS
PERMITTED I3Y LAVE','frIE DAMAGE IS COVERED BY INSURANCE PROCEEDS, AIv~
THE RELEASE DOES NOT ADL'ERSLY AFFECT ANY INSURANCE COVERAGE.
CondemnatioreiSubstantial or Partial Taking
a, if the Premises cannot be used for the purposes contemplated by this :ease
because of condemnation or purchase in lieu of condemnation, this lease wi!1
terminate.
c. Tenant will have a claitn to the conderuxation award ar proceeds in lieu o~
condemnation in direct proportion to any improvements Tenant has made to the
property.
G. .Default by LandlordiEvents. Defaults by Landlord are failing to comply with any
provision of this lease within thirty days afrer written notice and failing to provide Essential Services
to Tenant within ten days afrer written notice.
4
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7. Default by Landtvrd/Tenant'sRemedies. Tenant'srernedicsforLandlord'sdefau;tare
to sue for damages and, if Landlord does not provide an Essential Service for thirty days after
default, terinate ?his lease.
8. Default by TenantiEvents•. Iefaults by Tenant are (a) failing to pay timely Rent, (b)
abandoning or vacating a substantial portion afthe Premises, and (c) failing to comply wixhir. thtrt~~
days after written notice with any provision of this'ease other thaz[ the defaults set forth in (a) and
(b) above.
9. Default bvTenant/Landlord's Remedies. La[rdlord's remedies fr~~ Tenaru's default are
to sae for damages and/or terminate this lease by written notice.
10. Defazrtr/Waiver/iYlirigation. it is not a waiver ati default if the no±tdefaulting party
falls to declare immediately a default or delays in zakhtg any action. Pursuit of any remedies set forth
in this lease does not preclude pursuit of other remedies in this lease or provided by applicable law.
Landlord and Tenant have a duty to mitigate damages.
L 1, Holdover. If Tenant does not vacate tL•a Premises following termination of this lease,
urless the lease extension is exercised, Tenant will become a tenant at will and must vacate the
Prenuses on receipt of notice from Landlord. No holding aver b}• Tenant, whether with or without
the consent of Landlord, will extend the Term.
12. Alternative Dispute Resolution, Landlord and Tenant agmee to mediate in good faitl:
before filing a suit for damages.
l3. 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. Venue. Exclusive venue is in Kerr County.
I'. L'ntire Agreement. This lease, tagettrer with the attached exhibits and riders, is the
entire agreement of the parties, and there are no oral representations, warranties, agreemerus, or
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 instnunent in writing
signed by Landlord and Tenant.
17. Lirnitatian of Warranties. THERE ARE NO IMPLIED WARRA2QTIE5 OF
MERCHANTABILITY, OF FITNESS FOR A PARTICLtI:AR PL;RPOSE, OR OP ANI' OTHER
KIND ARISING OUT OF THIS LEASE, A?\D THERE,AItE NO WARR.AIv"IIES TIIA T EXTEND
BEYOnTD THOSE EXPRESSLY STATED IN THIS L'E.ASF..
71. 13~?UDa 'I1:51 F.4Y 3 8311 k9Ei ;SS25 NANCY REC'P6M ~Ii9R
18. Notices. Any notice required or permitted under this lease muse he 1n wridr.g. ~~ny
notice required by tiai.s base will be deemed to be delivered (w'nether actually received ar eat) when
deposited with the Lfnited States Pvsia Sen•iee, postage prepaid, certified mail, rettun receipt
requested, and addressed io the intended recipient at the address shown in this lease. Notice may
also be given by regular mail, personat delivery, courier delivery, facsimile transmission, or other
commercially reasonable means andwitl be effecltrewhen actually receiNed. Any ad'w~ess for notice
may be changed by ~.~r.ttert notice delivered as provided herein.
19. Abandoned I'rt~pert}~ Landlord may retain, destroy, or dispose oi'any property left on
the Premises at the end of the Term.
26. Arbitration. Landlord az1d Tenant agree that, following mediation, all unresolved.
issues will be resolved by binding arbitration. Absent an a~eement to use otL•er talcs, the arbitration
will's controlled by the American.4rbixation Assxiation's Commercial fsrbitrativn Rules
21. Extension lJption. At the end of the i.ease term, Tenant has the option tv extend this
Lease upon the same terms and conditions for another 40 yeaz• teen. To exercise this !extension
Option, Tenant must give written notice as provided herein to Landlord by i)ecember 31, 20/+5.
KF.RR C'OL?'tTY, TEXAS
$y:
Itil' rMERSC)h
Kerr County Attorney
FIII.L CO111VTRY riIOL'NTED YEAC"E
pFFICI:R'S ASSOC'IATION'
By. ------- _-__--_..
MARL{ CHAPA, President
12. I:i-COOS 11:512 F?t 1. E30 838 3Si. A'A0.C1~ REC'1'U}2
EXHIIlIT A
I,e~se Agreement
dJ O~,~