ORDER NO. 31223 LEASE AGREEMENT WITH TEXAS ARTS AND CRAFTS EDUCATIONAL FOUNDATION, INC. AND TEXAS AGRILIFE EXTENSION, KERR COUNTY Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve Lease Agreement between Texas Arts and Crafts Educational Foundation, Inc. and Texas AgriLife Extension, Kerr County, for permission to place propane tank and gas line on Texas Arts and Crafts property for Texas AgriLife Extension Master Gardeners' greenhouse. ~.'1 COMMISSIONERS' COURT AGENDA REQUEST 313 PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Roy Walston MEETING DATE: March 9, 2009 OFFICE: Kerr County AgriLife Extension TIME PREFERRED: 9:15 a.m. SUBJECT: Approval to sign lease agreement between Texas Arts and Crafts Educational Foundation, Inc. and Texas AgriLife Extension, Kerr County, for permission to place propane tank and gas lines on Texas Arts and Crafts property for Texas AgriLife Extension Master Gardeners' greenhouse. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Roy Walston, County Extension Agent-AG/NR ESTIMATED LENGTH OF PRESENTATION: 10-15 minutes 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 towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. CRAIG L. LESLIE ATTORNEY AT LAW 829-B MAfN KERRVILLE. TEXAS 7HO28 FAX 18301 896-3535 February 3, 2009 Mr, Rex Emerson County Attoi-~~ey Kerr County Courthouse 700 Main Street Re: Texas Arts and Crafts Educational Foundation, Inc. Dear Rex: TELEPHONE 1830) 896-2350 I have drafted a Release regarding the placement of the propane tank and line on the County land leased by the Foundation. This is fairly simple. Please let me know if you have any questions or changes. Very truly yours, CRAIG L. SLIE CLL/Il encl: i~2vU9/U~-U3; txar ps2009/tx.arts.cz-afis/09-0~ 1.1101-2~i-09 12ELEASE Recitals TEXAS ARTS AND CRAFTS EDUCATIONAL FOUNDATION, INC. (Releusee) and IiERR COUNTY, TEXAS (Releasor°), entered into a Lease dated Nwetnber lam, 2002, whereby Releasor leased to Releasee a 7.18 acre tract (the Leased Premises) in Kerr County, Texas, for a term of 40 years. 2. Releasor, the owner of a tract adjoining the Leased Premises, has requested that the Releasee grant Releasor permission to place a propane tank and gas line on the Leased Premises, near the boundary of the Leased Premises and Releasor's adj oining tract and to possibly build a fence around the tank in order to screen it from view. 3. Releasee has agreed to consent to the placement of the propane tank and line and the possible construction of fencing in consideration for the agreement by Releasor to release Releasee from liability for any damages to said tank, fence and gas line. NOW THEREFORE, Releasor, for good and valuable consideration, receipt of which is hereby acknowledged, does hereby release, acquit and forever discharge Releasee, its agents, officers, directors, employees, guests and invitees, from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, that might arise hereafter, directly or • _v~ 1ndlrectly, attr~butabe to the plaoofTtCii~ of tltt; propane tar`ili iil tiro LoaJGd PtEfilsGS ~trid art j~ ari~ag; occurring to the propane tank, lines, and fence while on the Leased Premises. Further, Releasor does hereby agree to indemnify and hold Releasee, its agents, officers and directors harmless, to the full extent that the law allows Releasor to do so, against all claims, suits, costs, losses and expenses that may in any way arise out of the placing, maintenance, repair and use of the propane tank,. propane lines and fence on the Leased Premises, including, but not limited to, the leaking of propane from said tank or connected lines and possible explosions as a result thereof. ps2009/tx.arts.craftsl09-03 I . l !o l -28-09 EXECUTED the 9th day of March , 2009. KERR COUNTY, TEXAS _ -~ PAY ~~ti,~~~ Pat - ey THE STATE OF TEXAS COUNTY OF KERR This innnstrument was acknowledged before me on the Q~' day of ~ f} 12.GN , 2009, by YA~t- ~1 of L'E~ , of KERR COUNTY, TEXAS, on behalf of said County. ~s.~Y""'ei;~; ELBATHEVINO _ .* MY COMMISSION EXPIRES '- _ ~= July tb 2012 ±rE ... q,±c i Notary Public, State of Texas 2