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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (101 COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Pat Tinley
MEETING DATE: May 11, 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 by 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 5, 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.
AMENDMENT TO LEASE
THI5 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., 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.
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 ls` day of October, 2009, and ending on the 30~'
day of September, 2012, upon the following terms, conditions and
covenants."
(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 $117,000, payable without demand on or before the 1 S` day of
each month, commencing on October 1, 2009, and continuing
thereafter until the total sum shall be paid as follows:
Page 1 of 2
Dates Monthly Rent Payment Due
10/01 /2009-03/31 /2011 $3,167.00
04/01/2011-09/30/2012 $3,333.00
Rent received after the first day of the month shall be deemed delinquent.
If rent is not received by Landlord, by the 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.
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.
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 2 of 2
Approved by the Texas Real Estate Commission for Voluntary Use
Texas law requires all real estate licensees to give the following information
about brokerage services to prospective buyers, tenants, sellers and landlords.
Information About Brokerage Services
efore working with a real estate broker, you should
know that the duties of a broker depend on whom
the broker represents. If you are a prospective
seller or landlord (owner) or a prospective buyer or
tenant (buyer), yota should know that the broker who lists
the property for sale or lease is the owner's agent. A
broker who acts as a subagent represents the owner in
cooperation with the listing broker. A broker who acts as
a buyer's agent represents the buyer. A broker may act as
an intermediary between the parties if the parties
consent in writing. A broker can assist you in locating a
property, preparing a contract or lease, or obtaining
financing without representing you. A broker is obligated
by law to treat you honestly.
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner's agent by entering into ~
agreement with the owner, usually through awritten -
listing agreement, or by agreeing to act as a subagent by
accepting an offer of subagency from the listing broker. A
subagent may work in a different real estate office. A
listing broker or subagent can assist the buyer but does
not represent the buyer and must place the interests of
the owner first. The buyer should not tell the owner's
agent anything the buyer would not want the owner to
know because an owner's agent must disclose to the
owner any material information known to the agent.
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering into an
agreement to represent the buyer, usually through a
written buyer representation agreement. A buyer's agent
can assist the owner but does not represent the owner
and must place the interests of the buyer first. The owner
should not tell a buyer's agent anything the owner would
not want the buyer to know because a buyer's agent must
disclose to the buyer any material information known to the
agent.
IF THE BROKER ACTS AS AN INTERMEDIARY:
A broker may act as an intermediary between the parties
if the broker complies with The Texas Real Estate License
Act. The broker must obtain the written consent of each
party to the transaction to act as an intermediary. The
written consent must state who will pay the broker and, in
conspicuous bold or underlined print, set forth the broker's
obligations as an intermediary. The broker is required to
treat each party honestly and fairly and to comply with
The Texas Real Estate License Act. A broker who acts
as an intermediary in a transaction:
(1) shall treat all parties honestly;
(2) may not disclose that the owner will accept a
price less than the asking price unless authorized in
writing to do so by the owner;
(3) may not disclose that the buyer will pay a price
greater than the price submitted in a written offer
unless authorized in writing to do so by the buyer; and
(4) may not disclose any confidential information or
any information that a party specifically instructs the
broker in writing not to disclose unless authorized in
writing to disclose the information or required to do so
by The Texas Real Estate License Act or a court
order or if the information materially relates to the
condition of the property.
With the parties' consent, a broker acting as an
intermediary between the parties may appoint a person who
is licensed under The Texas Real Estate License Act
and associated with the broker to communicate with and
carry out instructions of one party and another person who
is licensed under that Act and associated with the broker
to communicate with and carry out instructions of the
other party.
If you choose to have a broker represent you,
you should enter into a written agreement with the broker
that clearly establishes the broker's obligations and your
obligations. The agreement should state how and by
whom the broker will be paid. You have the right to
choose the type of representation, if any, you wish to
receive. Your payment of a fee to a broker does not
necessarily establish that the broker represents you. If you
have any questions regarding the duties and
responsibilities of the broker, you should resolve those
questions before proceeding.
Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records.
Buyer, Seller, Landlord or Tenant
Date
L MOYMxO
O~TOIITYYITY
Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question
or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2168 or 512-465-3960.
01 A TREC No. OP-K