ORDER NO. 30183 LEASE TO 216TH JUDICIAL DISTRICT COMMUNITY SUPERVISION AND CORRECTIONS DEPARTRMENT Came to be heard this the 12th day of March, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the renewal of the Lease Agreement with the 216th Judicial District Community Supervision and Corrections Department at the Thad Ziegler building at 431 Quinlan Street, Kerrville, Texas, subject to the modifications made by the County Attorney. 3013 1 ~ ~ 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_ MEETING DATE: March 12, 2007 OFFICE: -County Jud~e~,,/~~ TIME PREFERRED: SUBJECT: (please be specific) Consider, discuss and take appropriate action on proposed renewal of lease for space occupied by 216`h Judicial District Community Supervision and Corrections Department at the Thad Ziegler building at 431 Quinlan St., Kerrville, Texas EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: -Judge Tinley 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: 5:00 P.M. on the Tuesday prior to the meeting. THIS REQUEST RECEIVED BY: 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 your request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. AMENDMENT TO LEASE THIS AMENDMENT TO LEASE ("Amendment") is made to be effective as of October 1, 2006, ("Effective Date") between LORI Z. CONGER, successor in interest to Thad M. Ziegler ("Landlord") and KERR COUNTY ("Tenant"). INTRODUCTION WHEREAS, Thad M. Ziegler, as Landlord, and Kerr County, as Tenant, entered into a Commercial Lease dated September 1997 ("Lease") covering those certain premises commonly known as 431 Quinlan St., Kerrville, Texas; and WHEREAS, by Assignment of Lease ("Assignment") dated Jamlary 1, 1999, Thad M. Ziegler assigned all of his right, title and interest in the Lease to Lori Z. Conger, which Assignment and Lease are recorded in Volume 997, Pages 240 et seq., of the Official Public Records of Real Property of Kerr County, Texas, reference to the terms of the Assignment and Lease being hereby made for all purposes as if set forth in full herein; and WHEREAS, Landlord and Tenant desire to amend the Lease, as provided below. AGREEMENT: NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Incorporation of Recitals. Landlord and Tenant hereby incorporate the provisions of the Introduction set forth above. Each term not otherwise defined in this Amendment shall have the meaning set forth in the Lease. 2. Amendment of Lease. Landlord and Tenant hereby agree that the Lease shall be amended as follows: (a) Term. The second paragraph on page one of the Lease is hereby amended as follows: "The term of this Lease shall be three (3) years commencing on the 15` day of October, 2006, and ending on the 30`h day of September, 2009, upon the following terms, conditions and covenants." (bl Rent. Paragraph 4 of the Lease is hereby amended as follows: "Tenant agrees and shall pay to Landlord at 17 Longsford, San Antonio, Bexar County, Texas 78209, or at such other place as Landlord shall designate from time to time in writing, as rent for the leased premises, the total sum of $98,910.00, payable without demand on or before the IS` day of each month, commencing on October 1, 2006, and continuing thereafter until the total sum shall be paid as follows: Dates 10/1/06 - 9/1/07 10/1!07 - 9/1/08 1~~1;08-9/1109 Monthly Rent Payment Due $2,400.00 $2,850.00 $?.,992.50 Arne.;.9 :?nt ,o l.cse Page 1 Rent received after the first day of the month shall be deemed delinquent. If rent is not received by Landlord by the 10~' day of each month, Tenant shall pay a late charge of $100.00 plus a penalty of $25.00 per day until rent is received in full. Tenant shall pay $25.00 for each returned check." (c) Insurance. Within ten (10) days following execution of this Amendment, Tenant agrees to provide to Landlord the certificate of insurance as required in paragraph 7 of the Lease. (d) Holdover. Paragraph 3 of the Lease is hereby amended as follows: "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 a rental of one hundred twenty-five percent (125%) of the rent in effect on the last day of the Term." (e) Broker. The provisions of pazagraph 24 of the Lease, which relates to brokerage, is not applicable and is deleted in its entirety from the Lease. 3. Ratification of Lease. The terms and conditions of the Lease (as modified herein) are hereby ratified and affirmed by Landlord and Tenant. 4. Binding Effect. All of the terrns and conditions set forth in this Amendment shall be binding upon and inure to the benefit of the parties hereto and their executors, administrators, successors or assigns. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the Effective Date. LANDLORD: TENANT: KERR COUNTY r ? w ~.y~ ~~ LORI Z. CON~`~E-R ~~ Name: / --~ Title: Amendment to Lease Page 2 F:\Clia¢s',Conger\Kernille Building Lease\Ame°dmen[ [o Leases Crnger ~ Ldoc a uo~ 0997PacE240 ASSIGNMENT OF LEASE Lease: 1~~ /~ Date: September 1997 Title Of Lease: "COMMERCIAL LEASE" Description of Lease: That certain Commercial Lease between Thad M. Ziegler and Kerr County, dated September 1997, and being more particularly described in Exhibit "A" attached hereto and herein incorporated by reference for all purposes. Lessor: THAD M. ZIEGLER Lessee: KERR COUNTY Assignor: THAD M. ZIEGLER Assignor's Mailing Address (including county): P. O. Box 8298 San Antonio, Bexar County, Texas 78208-0298 Assignee: LORI Z. CONGER Assignee's Mailing Address (including county): 312 Morningside San Antonio, Bexar County, Texas 782096 For and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration to the Assignor paid by Assignee herein named, Assignor assigns to Assignee all of Assignor's right, title and interest in the aforementioned Lease. Assignee agrees to be bound by and perform the Lease in the place of Assignor. By acceptance hereof Assignee assumes and shall become obligated to keep, fulfill, observe, perform and discharge each and every covenant, duty, debt and obligation that may accrue and become performable, du,e or owing by the landlord or lessor under the Lease from and after the effective date hereof under the terms, provisions and conditions of the Lease, including without limitation the obligation to repay in accordance with the terms of the Lease security deposits, and Assiggnor shall not be responsible under the Lease for the discharge of such obligations after the effective date hereof. This assignment shall bind and inure to the benefit of the heirs, assigns and successor`s in interest of the parties. ~3-5-1 ' i 1 uu~ 0997PacE241 When the context requires, singular nouns and pronouns include the plural. EXECUTED t:his 1st day of January, 1999. ASSIGNEE: LORI Z. NGC~ ER ~' ASSIGNOR• ~ ~~ T A M. ZIEGLER STATE OF TEXAS * COUNTY OF 'rf i}i(' This instrument was acknowledged before me on the day of ' .Y~//~R,~`, 1.999, by LORI Z. CONGER. TT O~~PV O + ~ ~A/Jil ~ PELAGIUS MOCZYGEMBA '~'~"~ R`S'~ Notary Ppplic, SnnpfTexls Notary ublic, St of T a;t~~a Ny COmm13l100 ExplrenPo6. 2Q 2002 ,/ My Commission Expires: ,~,o,.>,.,.,..,,,:~. Notary's Printed Name STATE OF TEXAS * o * COUNTY OF ~c~ * This instrument was acknowledged before me on the ~_ day of ~, 1999, by TI3AD M. ZIEGLER. oo=acoax+o t~PV IG PELAGIUS MOC2YGEMSA * Nutery PuEtle, StateptTexas !r f + + NtYCOmmletlop 6WlrNfa6. N, 2002 PREPARED IN THE LAW OFFICE OF: Robert J. Parmley 222 Sidney Baker South, Suite 615 Kerrville, Texas 78028 ~/+v ~' Notar Pu lic, 5t t of Texas My Commission Expires: Notary's Printed Name ,tJ p,~r .2 n. E rr ~ J ail t ~ ~__; 4b ~., ~ . i . s~;.~. l~Js SItlr~Ey 6ltKF~2 ~E/LLVI~LE~ TX ~YO~S ~ILg~ F9R REGOR~ ~t...R:a.'~..~0,., o'clnrk,,........~:.M FEB 2 3 1999 1AIVIVETT PIfPER Coun .Ciu Kert County, Texas U~ eputy 2 r . n.t FEE. UO-7.9yy 11.:;2 x~:rt]a.t'~A7 t>•ia1JVl..a1-~ 11f1J1V Vl' I(L.r,L 11.1Ka~"' C~`'- (~ VOL i)~~~PACE2~~ ~~ CONIM~RCIAL LASE "-J~~'"' ~ ~.l ,r ~- ~Ni1u 1 33 -4~7'S/~' This laaae agreement is made sod entered into by utd betwoen Thad M. Zee ter _ (Landlord) and +I L ~~ Kerr COUntY ____~_ ffenant). htnllotd \} heraby fears to Tatum and Tenant hercity leaaas from Landlord drat certain propacry w{th the improvemeMS thereon comaittfng ' approximately 4000 agmro feet, hereinaRtt piled the "leuted premises", known u 431 Quinlan $t. Ke.~rville F Texas , (Address), [.ot lfltock _.. - -._., Addfdon, City of .~.,._~~,_,,, Cauub, Ta:w; ar q moro prnlcularly described below or vn attached exhibit: Set; AttdGht3d E8h11aits rrAn~ aBu The primary term of this (ease shall Commencing vn the ~ t day of and ending u 11:59 p.m. on the..._30th l9 2U00 , upon rise following terms, conditions, amt covertaMs: I. TAIlEF.S. Each year during the term of this lease, tartdlord shall pay real eatalc lazes assessed spinal the leased prcmiaa !n en amount equal to the tots: real estaee uxce uaesxd egalns- the leased prunises in Ute bass yur. -et -ver4lket ~ ~e-rau:aparaefa ate-baed~ yaer altall be 2. fMLf'fI13S. Tenets sfiaR psy all charges for utility services to the leased premises except for Nnne _ which shall 6e paid by the Landlord. 3. HOLUWG UV6R. Failure of Tenant to surrender the leased premises at rite aeration of the lease mnstitules a holding over which shall be eonslnted as • tctntrcy from month to month at ^ rental of S_Z.r_9fifi _ 00 per month. 4. RENT. Tenant agrees to and shall pay Landlord et P.Q.$ox R99g~~_,Sg~pntonict TX 7$20 County of _.,~._.~~~________ ~,.,,.._ ,Texas, or al such other ghee Landlord shall designate from ume to time in writing, as rent for the leased premises, the total sum of S- 86, 400 ,payable without demand in equal monthly payments of S._2,_4.4.O~.QQ__,,,_, each in advance on or 6eforc the 1st day of rack mouth, commencing on ~__Q~r4ber ] __,_~_..~__~_ 19 ~1 ,and eonlinuing rhercaRer until the total sum sfiali be. paid. Adjustment to the rent, if any, far rent eacalaton, for percentage of net rent, m for increases in bu0ding operation costs (including but not limited to insurance, custodial services, maintenanea and utilities) shall he as set forth in an attached addandum. Rent received aNer the first day o(the month shall be deemed delinquent. If rant Is not retelved by Landlrrd by the _ 1 O,Yh _ of each month, Tenant shall pay a isle charge of S 25.00 _ lus a penult 20.00 p y of Z- 5.00 per day until rent is received in full. Tenant shall pay S_.. .~ frn each returned check. S. USE, Tenant shah use the leased premises for the following purpose and nn other: __ Off, iCe_ S,E_aCt3 d. SECURITY pEPOSIT. ~enenhshaiFp~te-i ~--tea.. are-let?°nsM' .Oa*- -fesxrenea et:+h+s-1 , -lilpeeld-?rorieieaar- 1. WSURANCE. T•and ] orri __ shall pay far lire and axrended coverage Insurance on the buildings and other improvemrnta on tha leased premiss in an amoum not less Than S.,~rOflft On , whlrh amount shall fx Inctrssod yearly In pmponbn to rite hteraaae in ttataket value of the premiss. If inndiord provfds any insurance hueln, Tenant shall pay to Landlord, during the term hereof, the amount of any incrase in premiums for the insurance required over sad above wth promiwru paid during the first year of this lease. 'tenam shall provide public IIahllity and property damage bssutsace for its buslneas rrpemtirms on the leased premise In the amount of S 1 r U U 0 ~ (}_Q,Q _ 0 A which polity shaft tovtt tits Lattdbrd u wall as the Tenant. Said ineutana policiu required to be provided by Tenant herein shah name Lutdlord o an inroad and shah be issued by en Insurance cortrpany approved by Latdkrnl. Tarrant ah91 provide Ludiord whfi cartil)catcs of insurattca evideacing due coverage requhed herein. Tenant shall be solely responsible for tiro and cuually insurance vn Tenant's property on or sbeui the leased premises. I('°-sent ?wet n :i maap..r , n,,., sue... ~~..... ~.-, ._..,.. ~....:"''~^" _ :: '! ;-, --~ ntE.' ~ "'ca::.: e.° such faIIure and if "eeanl does pal deliver to Landlord within l ~ days afler'such~norico tertfficatien showing al: such iasuronte to be in full forte and effect, Landlord may xt pis : ; taco. take out the nu:essary inwrance to comply with the provision herwY and pay dre prctnium6 on the ircms specified in sue.` notice, and Tenor.' eovcnanu thereupon on demand M reimhutse sod pay Landlord any amowrt so paid or expended In the payttent c.'~.ne ~dsuranee prtuiums required hereby and specified In the mice, with interest thereon ai the rate of ._1LL_ ~ perutr: per mtnum frmn the date of such payment by Landord until repaid by Tenam. EXHIBIT "A" PAGE 1 OF 9 PAGES 1=E}3-G~B~° 1'3~_i9 I t. ~ rig VOL l1`.~~i7PAC4;~ ~ ~; r'. ~a a. s_srrun t wtY UF~ 1'itEhilSF.S. Tenant has exmnined and aci rpts the leased prcmiuts in its present as is condition ns sLLlt- abPa for the purposes for which the same are leased, and does hereby accept the leased premises regardless of reasonable detuiotation between the date o(this Ilse and the date Tensnt begins occupying the leased premises unieaa Landlord and Tenant agree to repair or refurbishment as noted in 5pxial Provisions, 4. !\!AlNiENANCE AND REPAIRS. landlord shall keep the faundstlem, the exterior to^ils (except glass; wimtnws; doors; door elasore devices; window and door frames, molding, locks, and l+ardware; at+ri imerlar painting or eui+er iteatntent ut exterior walls), n+d O+e rootof the laaaed premiss in good repair except tt+at Landlord shalt trot 6e required to make any repairs nccasbned 6y the act ar negligence of Tenant, tU employee, subtenanu, lieenseo and conasaitrnairea. mt3uant is nsgwmtMe far tsealntenance of the common area and common area equlptttmt. i[ Landlord la responsible for arty suck rt~atr and ttulatana»ce, Tenant agrees to give Landlatd written ratite of needed regain, Landlord shall tttake loch ttpairs'within a reasonable time. Tetuan abal2 notifyl.sr+dlord immediately o[ any emergency r»peirs. Temant shall keep the leased premises in good, clean rendi- tion and shall at to sole cost and expense, make all healed repair and replsceme;MS, including teptaeement of arcked or bwken glass, except for repairs and rcplacemenu required to be trade by Lturdlard under this section. If any repairs required to 6e made try Tenant hereunder ere not made within ten (10) days after wHttett notice dclivHed Io 7erunt by Landlord, Laadfwd may Y its option ttteka audt repairs whhout liabilhy to Tenant for any toss or damage which msy result by reason of sucfi regain, attd Tenant shelf pay to Lamllord upon demand as additional gent hereunder the coat »f wch repairs pins In-erest. At the tcrmfnatlon of this lease, Tenant shalt deliver the leased premises in good older and eondhion. trorrtial wear and tear excepted. Normal wear attd tear rttratq deterioratbn which cacao without negtigcrtce, cartlessttt:sa, axident or abuse, 10. ALTERATiONS. Ail alieratiom, additions and improverttents, except trade (ixtorcs, installed at expmrc of Tenant, shall become the property of Lardlord and shalt remain upon end Ile wrrcs+dered with the leased premises as a part thereof on u+e termina- tion of this lease. Such aterationa, additons, a»d improvements nwy Doty rte n+ade with the prior wrltlan consent of Landlord, whkh consent shall trot tx umeuonably withheld. if consent is granted fox the malting of improvemens or alterations to the leased premises, such itnpmvet»ents and alterations shall not commence until Tenant has furnished m landtatd a rzAffceme of iasurantt ahmving coverage 1n an amount aatiafactory Io landlord protecting i.andloed fear flability for injury to any person end damage to any perarmal properly, on or oft the iaeced premises, in connection with the making of aueh hr+provcmems or alterations. No cooling tower[ cq+tip• mart, or structure at any kind ehail be placed on the roof or elsewhrn on Ike teased premises by Tenant wClhotN prior wrhte+r pett»u- sion Of landlord. if such permission is grentcd, each work or installation shall be Done al TengM's expense and in such a nu+nner drat the roof shaltrat be damaged thereby. if it become necessary to remove such cooling tower, equipment or structure lemporerity, to that repairs to eke roof can be made. Tenant shall promptly remove and rcinslalf the cooling tower, equipment Or 6trncmro at Tenant's expense and repair at Tenant's expense any damage resulting tram suck removal or reinstallation. Upon termination of this lease, 7a»ant shall remove or cause to be removed from the roof any such cooling tower, equipment or sttuquro f[ directed to do so by Landlord. Tenam ahafl promptly repair at its expense any damages resulting from such removal. At the terminafron of this lease, Tenant shalt deliver eke leased premises in good order and condition, natural 6-aFthrs 23. NO1iCES. [SOUces to Tctumt shall be bq cert~ed mail or other delivery to the leasod premise or to Tenatn's last iutown addtoaa. Notices to landlord shalt be Ny artifted trail to Ute place where. rent` is payable. 26. DEFAULT BY' LANDLORD. In the ever of beach by lardlord of arty covenard, warranty, term or obligation of dtia lase, then Landlord's. failure to cure same or commence a good faith effort to cure aatne within 10 days after wrktan notice thereof EY 7onant rhall be cotuWcrcd a defaak.nd short eMi0e Tenant either to terminole this lease ar cure the default and tstake the ttecassary repairs and any expt:naa Intoned by Tenant shall be reimbunal hi' Ne Landlord. after rcaaonabta notice a[ tfie reps{n and eapettua incurred, 27. SfCNt3. paring the last ? ~ days of this lease, s "For Sale" sign andlor a "Far [ease" sign may be displayed on the teased premise6 std the leased promises may Tx shows at reasonable tithes to pr •specdve purchttseta tx temMs. 2g. RiGiiT OF ENTRY. Landlord shall have the right during harms{ business hours m enter thr demised premiss; (a) to inspxt the gneeera) condition and state of repair thereof, (b) to titake repair required or permitted order thin lease, or (c) for say other reasonable purpose. 24. WALVLR OF BREACfI. The waiver by landlord of any breach of any provision of this Ira,e shall not constitute a Continuing waiver or a waiver of any subsequent breach of the same or a diffuent provision of this irast. 30. TIME OF ESSENCE. Time is expressly deciarui to be of the essence in this tease. 31. BINp1NC OF H~IkS AND ASSIGNS. Subject to the provisions of this feast pertaining to assignment of the Tenant's interest, all provisions of this lease xhali extend to and bind, m inure to !ho- benefit not only of Ilk ponies to this lease Eat to rac4t and every ttnt of the heirs, eatxutvrs, representatives, successors, and assigns of Landlord or Tenant. 32. R1GH'iS ANp 1RIs'MEDLES CUhfULATIVE. The rights and remedies fiy this least: agreement are cumulative and the use of eny ono right or remedy 6y either parry shat! not prelude or waive fu right to use my or ail odter remedies. Said rights and remMta arc given in addition to any other rights rho panics may love by law, statute, oMinonce, or otherwise. }3. TEXAS LAW TO AFf'LY. This agrrxmcnt shall be construed under and in accordance with the hws of the State of Teaas. 34. LEGAL CONS'1'RUC'11ON. In case any one or more of the provisions contained in this aRrrcment shall for any rceaoa be held to 6e invalid, Illegal, or unenimeeable in any respect, such invalidity. lliegality, rn unenforceahility shall ev.t affctCt arty other provision hereof and this agterntent shat) be construed as if such invalW, illegal, or unenforceable provision find never been contained herein. 3S. PRIOR ACRE[:MEN'L'S fiUPERCELSG.h. This agreement constitutes the sole and only agreement of the parties to this leit6 and rupersedts anY prior understandings or written ar oral agreement between the parties respecting the aubjeA trotter of Uds lease. 36. AM1fENDh1ENT. No amendment, modifiration, w alteration of des teems hereof shah be binding unless iI is in writing, dated subsequent to the data hereof, and duly executed by the partlq. 37. A7Tt)RNE1f5' !•'EES. Any signatory to this (case agreement who is the prevailing party in any Iegai proceeding against any odter signatory brought under or witfi relation to this Icase agrament or this transaction shall he additionally eMided to mover court coats, reasonable auomey fees, and all other out~fpockct cast e[ litigation, htcluding deposision, travel and witness oust, from the nonprevailing party. 3g. SPEC[AY. PROVIS)ONS, (This sxtion to include additional factual data not included ahoveJ 1 . 'P©r,ant agrees to pay i.n advance the 1st tt-~ntlis rent. 2. l,3ndloid agrees to allow tenant to take possession of the property ort t)ecember 1st, 7993 provided that landlord has received evidence that the insurance spec:ifit?rl ut psragr:aph 7r is in effect and landlord has received the 1st ant last rnortt•.lts rent pins deprs~ t . EXHIBIT "A" PAGE G OF 9 PAGES F-E.H-~~~-i:,•~a l i:,•~ iiQl ~.~! rpGf~~~} i=.~v THE TEXAS ASSOCIATION OF REALTORS AND THE KBTrVi11e~BOard Of.._Rea1tPT6 [JO NOT FIX, CONTROL, RECOMMEND, SUGGEST OR MAINTAIN COMMISSION RATES OR FEES FOR SERVICES TO BB RENDERED BY THEIR MEMBERS OR THE DIVISION OF GOMh11S$IONS OR I'I'sES BETWEEN COOPERA I'INO PARTICIPANTS OR BETWEEN PARTICIPANTS AND NON-PARTICIPANTS. THE AMUUI ~ ~' OF COMPENSATION ANp THE CONTRACT'fBRMS HEREIN ARE NOT PRESCRIBED BY LAW AND ARE SUBJECT TO NEGOTIATION BETWEEN BROKER AND SUBLESSOR. THIS IS A LEGAL DOCUMENT, READ R CAREFULLY, 1F YOU DO NOT UNdERSTAND THE EFFECT OF ANY FART OF THIS AOREEMBNT, SEEK COMPETENT LEGAL ApvICE. this _____..___.__. day of _ 3eptefnber _.._._.._. t9 97 IRN AN1~,SIaNA'TfURELS) f'i ~ i LANDLOR 1 ATURE __-__ ,/~ y,.-,~ • - - - 7 ~!~~l~M!/u_~-;, ` _P~O,Box 8298L.3an Antonio~TX 78208 AppRE5S AppRESS TELEPHONE BRUKER 51GNATI.IRE BY' --____~~._--------------_- _ ._....._ AGENT SIGMA7'URE3 -- -- ._.._. _ _. _ _.._.r ADURESs ---TELEPHONE -- --- -_ TELEPHONE [NO'fB: 'this form Is furnished 6y she Tesss Associslian of REALTORS for [he rnnvenience of ils members.[ EXHIBIT "A" PAGE 5 GF 9 PAGES col. (.199?Pacf247 . FEE-~3r~..199'3 1 ].: k~8 F. e8 f.XHi61T "A,. Iseing s 0.41 acre (17,759 sq. ft.) lot. tenet, of parcel of laps out of alock No. 58 in the Schreiner Addition of cha Pity At Kerrville, Kerr taunty. Texas; being out of the J, C. Naya $urvoy No. 117. Ab- atrace No. 1g2; elsq being the northeneterly portion of cha 0.75 actR tract aF lnnd conveyed co LAkt ANiJ 21ECL6R from TIIAD 11. z1Ef:LCIt and wife, PATSY 19. 21EOLER, by Wstrsnty Deeds bated December 20. 1973. and January 15, 1974, and tecardcd in Volume 72b9° Pege 971, and Vol- ume 7269, Pagc 371, of the Deed Records of Kert County, Texas; snd being uwra fully described as follows: acing a 0.41 acre 07,'753 eq. ft.) Iot, tract, or parcel oC ]nnd out of clock Na. 58 in the Schreiner Addition at the City aF Keccvf.lle, Kerr County, lexas; being out of the J. C. Hayes Survey Na. 117, AbBtract Ilo. 182; also being the northeasterly portion of the 0,.75 acre tract of land ennveyed to LOA1 AMi Z[EGLCN from T11AU N. Z1F.CLEA and wife, PATSY It. 2ICCl.F.A, by tlattaucy pease dated pecembet 20, 1413, end January IS, 1974, and recorded in Volume 72G9, Paga 777, end Volume 7269. Page 373, of the Deed Records of Kerr County, 'Texas; and being mare particulnriy describod as tollouss $EGIIIa11:G at a 1J2 inch diameter irnn pin at the east earner of tfie herein :lcacrlbed 0.41 acre tract, being also the east corner aF tl-e 0.75 nets 'Lieglar tract, and acid to ba on the southenet line~of this J_ G. Ilnyes Survey No. 111 and located 1701.59 feet N. 45`•F. from Cho Routh coiner of cha Nayea Survey; THENCE N. 45~ 00' H. a di8tanca of 199.97 feet along the northeast line aE tic,t 0.75• acre Zicgker trace eo an iron pin for the nortl- corner of the herein described tra,tt, such fron pin being the north corner of the Q,IS_aCtL Yln@~01 Q4lctlan Street and the narthve6t line o! Block Na, 58 co an f.YOa pin for a turner; TNFYICIr S, 44° 59' E, a distnnce of 149.74 Eeet crossing the 0.75 acce:2iegier tract to an iron Qtn for a oouth earner; THENCE N. 45° p6' E. a distance of 88.86 feet slang the southeast line of cha Q.75 acts 2kegler tract to the POINT OF aEGINNIHG. EXHIBIT "A" PAGE 6 OF' 9 PAGES aa; Rau ,~ ~, ~..._ x. - .. .~ ,;. ;_ ~ :, .:. ~~ -c , -.~~~,., -. ~.;~ .i i ~ ~ -_ _ ~. ~ , _ Y _ Y~~ ° .r ~_.__ to ., __._ ---~i ~n. ~"„-' ~ ~, y s s ,,ti . ~ ~ _, ~ `: fi r nl ~` ~..~ ~ ~ _ -II_- ._~... II ' I ~ ~~ l ' , LL.` ~ •t ~J 1 '~V S 1 hV f', ~ 1~ .~ ``~ ea ~ , ~ ' ~' ~'~ W ,~~ ~. _ J 15 `: n. 1 ~.; , i . -- • x' IV EXHIBIT "A" PAGE 7 OF 9 PAGES vn~ n997PacE243 _ _ J~ `~ ~ yap ~9?PacE249 ADDENDIIM TO LEl'~BE OY PRE![IBES a'P 431 QIIINLAlt This addendum is entered into an November /G 1993, between Kerr county and Thad M. Zeigler, is hereby made a part of said lease, and is incorporated therein for all purposes: Lease Provision #6, "Security Deposit" is amended to read as fellows: "Tenant shall pay to Landlord a security deposit in the sum. of $1600.00, payable on or before the commencement of the lease for Tenant's faithful performance hereunder. Refund thereof shall be made upon performance of this lease agreement by Tenant, minus any assessments or damages unless Tenant and Landlord provide otherwise in Special ]Provisions." Leases Provision #17 is hereby amended to read as follows: "Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of the lease, with the exception of ali probation department files and records. Lease Provision #38 (1), "Special Provisions," is hereby modified to read: "Tenant agrees to pay in advance the first month's rent." Lease Provision #38 (2), "Special Provisions," is hereby modified to read: "Land"lord agrees to allow Tenant to cake possession of the property on December 1, 1993, provided that landlord has received evidence that the insurance specified in paragraph 7 is in effect, and that the landlord has received the first month's rent plus $1600.00 security deposit.," Lease Pi-ovisian #33 (3) is added, which provision shall read "Payment of said monthly rentals is made subject to the county funding said payments far each year. If county fails to fund said lease in either of the two remaining years of the lease, said failure to fund will constitute termination of the lease witho~it Tenant incurring further obligation to make additional rental payments." The parties Go this lease signify their approval of said addendum and agreement wit2} its terms by their signatures subscribed below, this ~ may of November, 1993. ~ ~--~ TENAN --; ----- LANDLORD j '- L W. G. Stacy ~.~' Kerr County Judge EXHIBIT "A" PAGE 8 OF 9 PAGES FES-Er-3-•iS9a 11 ~ 10 YDL ®9~ ~PacE250 ~~lert [iM to >rF:A5F,.2t% t~~ ar ~3t_oULntL~err F. 11 Tkus addenduta rs rrtttetat into on oCtotrer 1`, 1597. betwedn Kcxr County and Thad M. Cetgler, is hereby tstsclc a put of card lease. and is incorporated therein Fat alt purposes: Ltase Provision tl6, "Security Ueposii' it atcrreadtd to road as fo$ows• "Tenant shall pay to f._,andlnrd a xeuriry dajttrsit in the yarn oY SI6f10.t>n, payable on or before the GontrstersCement of the tease For Tenani'y f8ithtul pccfotmance ttcreundtrr Reftuta thtsr:af sluff be made upon perfotmaattx of this !case agrrttaeat by Tcautt, rnttrrrs rrc,y asst:ssrnents or damages unless 7~,wrtt acrd i.andlaard provide ottrarante in Special f'tOvi>ion." !.sass Provision d!7 is hereby arctEtlded to read as fo3laws: "L.tundlprd is Y,rattttd an e>.tl read "Pttymcnt of said rnoathly reataly is made subject to the crxanty fturdiug said payments for each year. u~ county $iis to fund said lease in cachet of the twn r-~rrainin~ yea, s of U,e lease, said faiiwe to ftsstd will cuttstitUte ltrminatiun of the lease without Ttxtant incurrir~ turtiser otriiganna to teaks additiortal rental paytnems." The Narties ro this ;cast signify their approval of ~d adde:rdttta and agrnateut wst:lt its terms by srtan• sryytacures ~r6s;tibtd below, ttris~...day of Uctnber, 1991 ~ ~ ; , '~ -~ 3C RR co 1' Ti~f+D h7. ZZy=3GLF.A ._.~~ T Ai~7 LANDLORI] EXHIBIT "A" PAGE 9 OF 9 PAGES TbTW yo! 099?Pac~251 RECORD VOL pG a ~~ RECORDING DATE FEB 2 4 1999 ~~~ CD~~zv`~,~z~' COi~NTY CLERK. KERR COUNTY. TEXAS «n ~~:e a oUrm~~ akprw~edN a~rq ~„~'r,~,~°~' ~r~wp OpR{~!: rc: