ORDER N0.28527
APPROVAL OF IMPROVEMENTS TO
RECYCLING DROP-OFF CENTER
On this the 23`a day of February 2004, upon motion made by Commissioner Letz,
seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-
0-0, of improvements to property at the intersection of Hays and Schreiner Streets, in
accordance with lease agreement on the Recycling Drop-off Center.
~~'~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO_ BE
REVIEWED BY THE COURT.
MADE BY: Paul Knippel OFFICE: Public Works Director, City of Kerrville
MEETING DATE: February 23, 2004 TIME PREFERRED: 1:00 am
SUBJECT: County Approval of Improvements to Property at the Intersection of Hays and
Schreiner Streets, in Accordance with Lease Agreement
The City of Kerrville has made application to AACOG for a grant in the amount of
$28,000.00 for improvements to the county owned building that is leased by the city and
used as the city's recycling center. If awarded, the funds would be used to extend the main
building roof to provide more covered drive-thru lane area, and purchase a fabricated
building for computer recycling. The city landfill fund would match the grant money with
an in-kind cash match of $1,400.00. There would be no cost to the county. County
approval is required however, per the lease agreement, before the improvements can be
made. A copy of the lease agreement is attached hereto along with a drawing indicating the
proposed improvements.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Paul Knippel
ESTIMATED LENGTH OF PRESENTATION: 5 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: 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 prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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RECYCLING DROP-OFF CENTER
LEASE AGREEMENT
This Lease Agreement ("Agreement") is made and entered into by
and between the COUNTY OF KERR ("County"), as lessor, and the CITY
OF KERRVILLE ("City"), as lessee, as follows:
1. Leased Premises. In consideration of and subject to the
terms, provisions and covenants herein contained, County leases to
City, and City takes from County, the following described real
property in the City of Kerrville, Rerr County, Texas, to-wit:
1.43 acres of land, more or less, per map and legal
description attached hereto as Exhibit "A" and made a
part hereof, together with all improvements thereon (the
"Premises").
2. Initial Term and Renewal. The initial term of this
Agreement shall commence on January 1, 1995 and shall terminate
December 31, 1999.
Thereafter, this Agreement shall be renewed automatically
for successive periods of one (1) year each, commencing January 1,
-- ^-=~ mfr, unless notice of termination is given either by the County or
by the City at least 120 calendar days prior to the commencement
U date of the renewal term in question.
3. Use. City's use of the Premises will be for a City
operated and controlled drop-off center for collection and storage
of recyclable solid waste and related facilities.
4. Consideration. As partial consideration for this
Agreement, the City will pay to County, in advance, the sum of ONE
HUNDRED AND NOI100 DOLLARS {$100.00) for the initial term and
renewals. As additional consideration, City agrees to make the
drop-off center available not only to the citizens of Kerrville,
but also to the residents of the County of Kerr for the disposal of
recyclable solid waste. City expressly reserves the right to
determine the type of facilities to be provided, the hours of
operation, the nature and extent of the services to be provided to
the public, and the type and nature of recyclable solid waste that
will be accepted. The City's policies and procedures in this
regard may be revised from time to time during the term of this
Agreement by resolution of the City Council and, in the absence
thereof, by determination of the City Manager or, in his absence,
by the Director of Public Services of the City of Kerrville.
5. Maintenance. City shall maintain the Premises at City's
expense.
6. Alterations and Improvements. City shall have the right
Valume~ ~_~'a~e!
~/ ~-.
to make alterations, additions or improvements to the Premises,
including without limitation, additional electrical utilities,
paving and repair and/or replacement of the existing fence.
Structural expansion or alteration of the existing building will
require County approval, which will not be unreasonably withheld.
All such alterations, additions and improvements will be at City's
expense. All permanent improvements will constitute a part of the
Premises and will remain on the Premises upon the termination of
this Agreement, but City's equipment, fixtures and other property
may be removed.
7. Access by County. County will have access to the Premises
at all reasonable times for the purpose of inspection of the same.
8. Responsibility, City will be solely responsible for
operations on and from the Premises, and County will have no
liability for such operations by City.
SIGNED EFFECTIVE as of the lath day of December, 1994.
ATTEST:
PATRICIA DYE, C ty Clerk
and Ex-Officio Clerk of the
Commissioners' Court of
Rerr County
ATTEST:
~,F~~k., ~~~
SH'ILA L. BRAND, City Clerk
APPROVED AS TO FORM:
COUNTY OF KERR
By:
BE SON, County Judge
CITY OF KERRVILLE
By
CHARLES P. ,70I~SON, ayor
~z-i3-y~
WALLACE, MOSTY, MACHANN,
JACKccSON & ILLIAMS
City Attorney Date /
C165\67AG2
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FIRST Al~(ENDMENT TO RECYCLING DROP-OFF CENTER
LEASE AGREEMENT BETWEEN THE CITY OF KERRVII~LE,
TEXAS, AND COUNTY OF KERB, TEXAS
This First Amendment is entered into by and between the CITY OF KERRVILLE, TEXAS,
a Texas home rule municipality (hereafter called "City"), and the COUNTY OF KERR, TEXAS, a
subdivision of the State of Texas (hereafter called "County"}, for the purpose of amending that
certain Recycling Drop-Off Center Lease AgreentenF dated December 12, 1994, between City and
County, ("the Lease Agreement").
WHEREAS, City and County executed the Lease Agreement for the purpose of permitting
the operation by City of a community recycling center for the benefit of City and County residents;
and
WHEREAS, the City has obtained various grants for the purpose of constructing capital
improvements on County's property which require the City to continue operation of the community
recycling center for a period beyond the termination of the initial lease term of the Lease Agreement;
and
WHEREAS, the City and County find it mutually beneficial to resolve any uncertainty
regarding the City's continued use of the property which is the subject of the Lease Agreement for
the period required by the City's various grant agreements;
NOW THEREFORE, for and in consideration of the following promises and conditions, City
and County agree as follows::
1. Section 2 of the Lease Agreement shall be amended to read in its entirety as follows:
2. Initial Term and Renewal. The initial term of this Agreement shall commence on
3anuary 1, 1995, and shall terminate December 31, 2004. Thereafter, this Agreement
shall be renewed automatically for successive periods of five (5) years each,
commencing on January 1, 2005, unless notice of termination is given either by the
County or by the City at least 120 calendar days prior to the commencement date of
the renewal term in question.
2. ' City and County agree that except as provided herein, all other provisions of the Lease
Agreement shall remain in full force and effect.
SIGNED AND EFFECTIVE as of th~~ day of , 1997.
CITY OF ~RRVILLE, TEXAS
By:
Charl P Johns ,
' ~ ~ff~
COUNTY OF KERR, TEXAS
By:
obert A. ~e n, County Judge

ATTEST:
Shelia L. Brand, City Clerk
APPROVED AS TO FOR1~'( FOR CITY:
,.
Kevin B. Laughlin, Cit Attorney
ATTEST:
Patricia A. Dye, County Clerk
APPROVED AS TO FORM FOR COUNTY:
U
ri
EXTENSION O(' LEASE AGREEMENT WITH
(lIi3SON PRODUCTS CO~IP~\Y OF I~ERRVILLE. I\C. - P 1GE 2
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