ORDER NO. 28732 COUNTY LEASE PROPERTY MOUNTAIN HOME VOLUNTEER FIRE DEPT. Came to be heard this the 26~' day of July 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 3-0-0 to substitute final approval document from the County Attorney to include the property description, the leasing a 2.1 acre property located on State Highway 27 in Mountain Home to the Mountain Home Volunteer Fire Department. -' > COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson MEETING DATE: July 26, 2004 OFFICE: Commissioner, Pct. 4 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss leasing a 2.1 acre property located on State Highway 27 in Mountain Home to the Mountain Home Volunteer Fire Department. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Nicholson/County Attorney 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. INTERLOCAL LEASE AGREEMENT BETWEEN KERR COUNTY AND THE MOUNTAIN HOME VOLUNTEER FIRE DEPARTMENT THE STATE OF TEXAS § THE COUNTY OF KERB § This agreement, made and entered into by and between the Mountain Home Volunteer Fire Department, aduly-organized volunteer fire department under the laws of the State of Texas, hereinafter called "MHVFD" and Kerr County, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes referred to as "Kerr," as follows: WITNESSETH: WHEREAS, Kerr County is aduly-organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the benefit of the citizens of Kerr County; and WHEREAS, MHVFD is aduly-organized, not-for-profit, 501(c)(4) volunteer fire department under the laws of the State of Texas, engaged in providing fire protection and related services for the benefit of the citizens of a designated area of Kerr County; and WHEREAS, pursuant to Chapter 352, Texas Local Government Code, Kerr has the duty, obligation, and ability to furnish fire protection to areas of Kerr outside county municipalities by contract with incorporated volunteer fire departments; and WHEREAS, the improvement in services and property improvements contemplated by this agreement would enhance MHVFD's ability to provide such fire protection services; and WHEREAS, Kerr owns a certain tract of land which is in close proximity to MHVFD station; and WHEREAS, MHVFD desires to keep secure the approximately 2.1 acre tract of land by erecting and extending fencing, desires to renovate a building existing upon said land, desires to have a location for an office, meeting place and restroom facilities, desires to have a remote staging location for its fire fighting equipment, desires to have a location upon which it may park its fire fighting equipment, desires to make their asphalt tank available for Kerr to use for road and bridge purposes, desires to maintain their own fuel tanks on said property for MHVFD purposes, desires to supply water to said tract of land, and keep full as possible a 15,000 gallon water tank located upon said property, all on a long term basis; and WHEREAS, Kerr desires to have its land secured, desires to have occasional access to an ample supply of water for road purposes, desires to have the use of MHVFD's 10,000 gallon asphalt tank located on said property, desires to have its building improved and renovated and desires to have a dependable supply of water furnished to the premises, all on a long term basis; and WHEREAS, MHVFD and Kerr find that it would be in the best interests of the citizens of Kerr and MHVFD to improve the efficiency and effectiveness of local governments and governmental entities by authorizing the intergovernmental contracting at the local level for all or part of the functions and services of fire protection and protection of citizens of Kerr and their property, therefore, Kerr and MHVFD mutually desire to be subject to the provisions of Chapter 791, Texas Government Code, the Interlocal Cooperation Act; and NOW, THEREFORE, in consideration of the mutual promises, benefits, consideration, and covenants contained herein, MHVFD and Kerr agree as follows: I. The term of this agreement shall begin on the day of , 2004, and continue in full force and effect until the day of , 2029. II. MHVFD shall, within one year of the signing of this lease agreement and at their expense, accomplish the construction of new fencing or relocation of existing fencing such that the approximately .7 acre portion of the approximately 2.1 acres subject to this lease will be fenced with 6 foot high chain link fencing or fencing of equal function. MHVFD shall maintain the newly-constructed fencing and any fencing moved by them whereas Kerr will maintain any fencing which was not moved by MHVFD in enclosing the approximately 2.1 acre tract, which is the subject of this lease agreement said tract being described in "Exhibit A," attached hereto, incorporated fully herein, and hereinafter referred to as "leased premises." . III. MHVFD shall, within one year of the signing of this lease agreement and at their expense, obtain and maintain a continuous supply of potable water to the leased premises to service the improvements and to fill such storage tanks as may be necessary for the proper operation of the MHVFD and the Kerr County Road & Bridge Department. This provision excepts occasional accidental disruptions of the water supply not lasting for more than seven (7) days as well as disruptions due to climatic or geological reasons. Kerr will maintain the 15,000 gallon water tank and MHVFD shall maintain the 10,000 asphalt tank, both to be maintained in proper working order. IV. MHVFD shall, within one year of the signing of this lease agreement and at their expense, accomplish the repair and renovation of an existing structure, located upon the leased 2 premises, to the degree that same may be utilized for office space, meeting space, and for restroom purposes. Said renovated building shall be maintained structurally by Kerr. Janitorial services and routine cleaning of the renovated building shall be provided by MHVFD. V. MHVFD shall make the 10,000 gallon asphalt tank, located upon the leased premises, available to Kerr for its usage for the proper operation of the Kerr County Road & Bridge Department. MHVFD may maintain their fuel tanks on the leased premises but same shall be inspected and repaired by MHVFD as necessary to keep them in a safe condition. Kerr shall maintain the 15,000 gallon water tank, located upon the leased premises, available to MHVFD for its usage for fire fighting and related activities. VI. Kerr will allow MHVFD to park its vehicles upon the leased premises and will further allow MHVFD to store and maintain its necessary fire fighting equipment, supplies, paperwork, and records on the property, to include inside the renovated structure, as needed so long as the parking of vehicles and storage of other items does not interfere with Kerr's usage of the property as a storage yard for the Kerr County Road & Bridge Department. Both MHVFD and Kerr shall have all necessary keys to fully access the leased premises, including the renovated structure. VII. Kerr will procure and maintain premises liability insurance on the leased premises which are the subject of this interlocal lease agreement in a minimum amount required by state law. VIII. MHVFD and Kerr agree that in the event of a dispute between them that the party claiming a dispute will notify the other of such event. The parties agree to resolve such dispute by negotiations, if possible. Should negotiation fail, the parties will employ mediation to seek agreement. IX. BINDING AGREEMENT: AUTHORITY: PARTIES BOUND This agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. That each person executing this agreement on behalf of each party represents and warrants that they have full right and authority to enter into this agreement. AMENDMENT This agreement may not be amended except in a written instrument specifically referring to this agreement and signed by the parties hereto. 3 APPLICABLE LAW This agreement shall be expressly subject to Kerr's sovereign immunity, Texas Civil Practices and Remedies Code and all applicable federal and state law. This agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either MHVFD or Kerr shall be in Kerr County, Texas. SEVERABILITY In the event that one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this agreement, which shall remain in force and effect. X. (a) Any notice permitted or required to by Kerr may be given by certified United States Mail, return receipt requested, postage prepaid, addressed to: Kerr County Commissioners Court Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Attention: County Judge (b} Any notice permitted or required to be given to the MHVFD may be given by certified United States Mail, return receipt requested, postage prepaid, addressed to: Mountain Home Volunteer Fire Department Chief Travis Hall, or his successor P. O. Box 191 Mountain Home, Texas 78058 The Mountain Home Volunteer Fire Department, has executed this agreement pursuant to duly authorized resolution dated the day of , 20 Kerr County, has executed this agreement pursuant to Commissioners Court Order No. passed on the day of , 20 4 APPROVED AS TO FORM: DAVID MOTLEY By: DAVID MOTLEY County Attorney ATTEST: By: MHVFD Secretary KERR COUNTY By: PAT TINLEY County Judge ATTEST: By: Jannett Pieper, Kerr County Clerk Mountain Home Volunteer Fire Department By: Deparkment Chief ORDER AUTHORIZING EXECUTION OF INTERLOCAL LEASE AGREEMENT BETWEEN KERR COUNTY AND THE MOUNTAIN HOME VOLUNTEER FIRE DEPARTMENT THE STATE OF TEXAS § COUNTY OF KERR § On this the day of , 20 ,the Commissioners Court, sitting as the governing body of Kerr County, at a regular meeting, upon motion of Commissioner ,seconded by Commissioner , duly put and carried. IT IS ORDERED that County Judge Pat Tinley is hereby authorized to execute an Interlocal Lease Agreement between the Mountain Home Volunteer Fire Department fora 25 year term allowing use of the approximately 2.1 acre tract of land described herein by both parties as set forth, supra. 5 Jannett Pieper From: Dave and Neva [nevndav@hctc.net] Sent: Thursday, October 07, 2004 3:59 PM To: 'Jannett Pieper' Subject: RE: Mt. Home FVD Lease agreement We are still working on it. It will be amended and re-submitted to Judge Tinley. Don't know the timetable, but I'll be sure to get you a copy once it is executed. Thanks. Dave -----Original Message----- From: Jannett Pieper [mailto:clerkc~ktc.com] Sent: Thursday, October 07, 2004 3:05 PM To: DAVE NICHOLSON Subject: FW: Mt. Home FVD Lease agreement Commissioner Nicholson, I need a copy of the Mt. Home FVD Lease agreement that was signed by Judge Tinley for my records. Thanks Jannett -----Original Message----- From: David Motley [mailto:dmotleyc~kerrca.org] Sent: Thursday, October 07, 2004 1:25 PM To: Jannett Pieper Subject: RE: Mt. Home FVD Lease agreement JP: I gave the lease to Dave in a session of the Commissioners' Court maybe a month ago. Motley -----Original Message----- From: Jannett Pieper [mailto:clerk~ktc.com] Sent: Thursday, October 07, 2004 2:14 PM To: David Motley Subject: Mt. Home FVD Lease agreement David On July 26th the Commissioners Court approved a lease agreement with the Mountain Home Volunteer Fire Department but the document needed revising to include the property description and I have never received it back from you yet. Please complete it and get it to me ASAP. I am holding way to many orders that are unfinished and it puts a big delay in my work schedule. Thanks Jannett 1 Jannett Pieper From: Jannett Pieper [clerk@ktc.com] Sent: Thursday, October 07, 2004 1:14 PM To: David Motley Subject: Mt. Home FVD Lease agreement David On July 26th the Commissioners Court approved a lease agreement with the Mountain Home Volunteer Fire Department but the document needed revising to include the property description and I have never received it back from you yet. Please complete it and get it to me ASAP. I am holding way to many orders that are unfinished and it puts a big delay in my work schedule. Thanks Jannett 1