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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Pat Tinley
MEETING DATE: June 22, 2009
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Amendment to Lease for
the Thad M. Ziegler Building which is currently being used for the Adult Probation
Department.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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 S, Chapter 551 and 552; Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
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 earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
~~ ~~~~~
Q _ ..
A1t~PdBNfENT Td 1..FASE
TffiS A1V1d~NDMEN'F Td LEASE ("AmendmeaY'} is made to be effective as of
Qctober 1, fiAU6, {"Effective Date's between L.URI ~. CONGER, successor in interest to Thad
lvi. Ziegler (Landlord"~ and KF.RR COUNTY (`Tenant=').
IIYT~QI)UCT'IOl`~T
WHEREAS, Thad M. Ziegler, as Landlord, and Kerr County, as Tenant, entered into a
Cammerci.ai Lease dated September 199? {"L.ease"} covering those certain premises
commonly known as X31 Quinlan S`t., Kerrville, Texas; and
~'V~IEREA~, by Assignment of Lease f"Assignn~.ent'~ dated Ja~umy 1, 1999, Thad I~rf.
Ziegler assigned ail of his right, title anti interest in fire Lease to Lori Z. Conger, which
Assignment and Lease are recorded in 'tJ'olume 997, Pages 240 et seq., of the Official Public
Records of Real Property of Kerr County, Texas, reference to the terrors of the Assignment and
Lease bei~ hereby made for all purposes as if set forth in foil herein; and
~YHEREAS, Landlord and Tenant desire to amend the Lease, as provided belavv.
AGREEItiiENT:
1~QW, T'1gEREF`URE, in consideration of Ten and Naf 100 I3allars {$10.00, and other
good and valuable consideration,. the receipt and sufficiency of which aze hereby acknowledged,
Landlord and Tee ant agree as follows:
1. Incorporafion o€ Recitals. Landlord and Tenant hereby incorlwrate the
provisions of the Introduction set forth above. I/ach term riot otherwise defined in this
Amendment shall have the meaning set forth m the Lease.
? Amendmeat Qf Lease. Landlord a.^~ct Tenant hereby agree that the ,ease si>a~ be
amended as follows:
(a) Terms. The second paragrapf~ on page one of the Lease is hereby amended
as follows: "The term of this Lease shaII be three (3) years commencing on the ls` day of
October, 2005, and ending oa the 30a' day of September, 2009, upon the foliowing te-~s,
conditicxis and covet~arrts."
(b} Rent Paragraph 4 of the Lease is hereby amended as follows: `"Tenant
agrees and shall pay to Landlord at 1? I.ongsford, San Antonio, Bexar County, Texas ?$209, or
at such other place as Landlord shall designate from tune to three in writing, as rent for the leased
premises, the total sum of $98,910.00, payable without demand an or before the l~` day of eaclr
month, commencing on C)ctQber 1, 240b, and coatinuing thereafter mZtil tF~e total such slk,ll be
paid ss follows:
Dsetes
tallto~- 91110?
I 0/1/0? - 9!1!08
10l1lQ$- 911109
Monthly Rent Paymemt Due
~~,~OO.Oo
X2,850.00
$2,992.0
Amendment to Lease Page 1
Rent received after the first day of the month shall be deemed delinquent. if rent is riot received
by Landlord >}y the l0a` day of each month, Tenant shall pay a Tate charge of $1030.00 Pius a
peFlalty of $25_Q4 per day until rent is received in full. Tenant shall pay $2S_00 for each re~lrrled
check."
(c} Insurance. Vi~ithin tea (1{1} days fallowing exacutian of this Amendment,
Terkant agrees to provide to Landlord the certificate of insurance as required in paragraph ? of the
i,ease.
Ho~d~~et~~°:. `-Paragraph 3 of the Y.ease is hereby amended as follows:
"Failure of Te anf` fo s `'i~rrei~er tb~ leased gremises at the expiration Qf ~e Lease canstitnxes a
holding o~•er v~~hich shall be construed as a tenancy from, month to month at a rental of one
hundred twenty five percent (I251~} of the rent in effect an the last day of the Tenn."
(e) Braker. The provisions of paragraph 24 of the Lease, which relates to
brokerage, is not applicable and is deleted in its entirety from the Lease.
3. Ratifceat~ion of .ease. The teams and conditions of free Lease (as modEfied
herein} are hereby ratified a~i armed by Lanc€lard and Tenant
4. Binding Effect. All of the ter.~ns arnl conditions set Earth in this Amendrner~t shall
be binding upon and inure to the benefit of the parties hexebo and their executors, administrators,
successors ar assi$us_
Il~t ~VITI~ESS WI ~`REOR, the parties hereto have coed this Amendment to ne
executed as o£the Effective Date.
LANI#LORD:
LORI Z. CANCER
TENAN'P:
KERR COITl~TY
By:
Natue.
Title:
~ c7N~~ /rJ~ gs.T'~'j:~~J
rC t3 ~'~~ ~vcf /~:S G.~~'~i~
,c~,,, ~.,. ~-v~ ~ TIC 7t~.?:a `j
.S ,

Amendment to Lease Page 2
F:V(~'rnes!Cong~r~errvAle gw"Miog IrasetAmendmrat !n Le~se.Can~r.vl.due
J r
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Page 1 of 1
Rex Emerson
From: Hunter Z. Conger [hconger@cavenderhill.comJ
Sent: Monday, June 08, 2009 3:18 PM
To: remerson@co.kerr.tx.us
Subject: 431 Quinlan St. Kerrville TX
Attachments: Kerr County 06082009.pdf
Rex,
No problem on the delayed response. I hope you had a good vacation.
I had a chance to look at the space on Friday in Kerrville and it seems to be in great condition. We appreciate
you guys taking such good care of it.
Below are my comments on what you have requested...
1) 10th (OK)
2) 125% non-negotiable (There has to be some kind of pressure on the Tenant to move under holdover)
3) 90 Days (Lets meet in the middle!?)
4) 5 % increase (OK)
*Attached is the Amendment with my changes. Please feel free to call me with any questions or concerns.
**If in agreement, we will need three (3) executed copies sent to 17 Longsford, SA, TX 78209.
Regards,
-HC
Hunter Z. Conger
A.s.~ociate
210-349-0900 ext. 118
210-349-0931 fax
210-323-3445 cel!
~, •
wvvw.cavenderhili,com
6/9/2009
AMENDMENT TO LEASE
THIS AMENMENT TO LEASE ("Amendment") is made to be effective as of October
1, 2009, ("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 January 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., ofthe 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 one (1) year
commencing on the 1St day of October, 2009, and ending on the 30th
day of September, 2010, upon the following terms, conditions and
-~avcnant : "
(b) 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 such other place as Landlord shall designate
from time to time in writing, as rent for he leased premises, the total
sum of $38,004, payable without demand on or before the 1St day of
each month, commencing on October 1, 2009, and continuing
thereafter until the total sum shall be paid as follows:
Page 1 of 3
Dates
Monthly Rent Payment Due
10/01/2009-09/30/2010 $3,167.00
Rent received after the tenth (10`h) day of the month shall be deemed
delinquent. If rent is not received by Landlord, by the tenth (10`h~ 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 paragraph 24 of the Lease, which relate to
brokerage, are not applicable and are deleted in their entirety from the
Lease. Renewal Option
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 terms and conditions set forth in this Amendment
shall be binding upon and inure to the benefit of the parties hereto and their
executers, administrators, successors or assigns.
5. Renewal Option. While this Lease is in full force and effect, provided that
Tenant is not in default of any of the terms, covenants and conditions hereof,
Tenant shall have the right and option to extend the term of this lease for two
(2) further terms of twelve (12) months. Such extension of the term shall be
on the same terms, covenants and conditions as provided for in the
immediately preceding term except for this paragraph and except that the
rental during the extended term shall be at the fair market rental ("the FMR")
then in effect on equivalent properties, of equivalent size, in equivalent areas.
Tiowever, In 11n CVC11t. S11All the FMI~ Ix less t~1Tn tilt 1'~ntal rate t11G11 111 Cffect
at the expiration of this Lease. In no event shall the FMR be more then 5
the rental rate then in effect at the expiration of this Lease. This option shall
not be available if Tenant assigns this Lease or if a subtenant is in possession
of the Premises at any time during the original Term. Notice of Tenant's
intention to exercise the option must be given to Landlord in writing not less
than three (3) months prior to the expiration of this Lease. In the event the
Tenant fails to deliver such written notice within the time period set forth
Page 2 of 3
above, Tenant's right to extend the term hereof shall expire and be of no
further force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the Effective Date.
LANDLORD: TENANT:
KERR COUNTY
LORI Z. CONGER By: _
Name:
Title:
Page 3 of 3