NOTICE OF REGULAR OPEN MEETING OF THE COMMISSIONERS COURT OF KINNEY COUNTY, TEXAS

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Annabel Gaines
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1 NOTICE OF REGULAR OPEN MEETING OF THE COMMISSIONERS COURT OF KINNEY COUNTY, TEXAS Date: Monday, February 8, 2016 Time: 9:00 A.M. Place: Kinney County Courthouse Kinney County Courtroom 501 South Ann Street Brackettville, Texas COMPLETE AGENDA: 1. Invocation and Pledge 2. Call to order & quorum 3. Deliberate and Consider Action on the Following Items: A. Approve/Disapprove spending 2015 Operation Stonegarden funds in the amount of $550,000.00; $450, for Kinney County and $100, for Uvalde County. B. Discuss and Approve County Judge and Commissioners to sign Resolution for Jag Grant # Border Star Resolution B. 1) Review and sign thank you letters to Union Pacific for grants to Kinney County. Union Pacific Letter C. Discuss/Approve/Accept donated Light Plant from Del Rio Towing to Kinney County Fire Rescue. (Emergency lighting, Wacker LTC4L S# ) D. Presentation: Bill Moritz, Regional Director Texas Class Investment Pool. E. Presentation by Carl Esser: Esser 1) Consider and Act upon Presentation, Discussion, and Evaluation of TXCDBG Special Condition Requirements for 12 Months. 2) Consider and Act upon Plans and Specifications for TXCDBG Water Line Project for Macie Road. 3) Consider and Act upon Installation of new Yard Lines for Letsinger and Cantu properties in exchange for easement to provide for looping of waterline. Yard lines utilizing County Matching Funds. 4) Consider and Act upon authorization to advertise for bids for the construction of the Water Line Project for Macie Road, Published twice cost of bid advertisements to be paid by Esser & Company. 5) Consider and Act upon payment to 90 West Contractors in the amount of $106, ) Consider and Act upon Payment to 90 West Contractors in the amount of $58, ) Consider and Act upon TDA payment request #3 for 90 West Contractors in the amount of $58, and authorize designated signatures to sign. 8) Consider and Act upon matters regarding TXCDBG Fire Station Grant.

2 9) Consider and Act upon matters resulting from Caucus Meeting with Kinney County, City of Brackettville, and Spofford TXCDBG funding cycle for ) Consider and Act upon matters regarding 2016 TXCDBG Community Enhancement Fund Application for Public Education Learning Facility. F. Discuss/Approve/Disapprove the renewal of Kinney County Little League Lease Agreement. Little League 2016 G. Approve/Disapprove T.W. Equipment to remove/clean-out /install culverts on Anacacho Road in the amount of $14, T.W. Equipment H. Discuss/Approve /Disapprove placing Kinney County under a Burn Ban. Burn Ban I. Request for Departmental Budget Adjustment and review, revise and/or amend Budget as needed. J. Approve/Disapprove Commissioners Court Minutes on Regular Meeting January 19, minutes and Special Meeting January 22, minutes. K. Bills and /or disbursements applicable to the Kinney County Detention Center. L. Examine and approve all bills. M. Departmental reports with comments as appropriate (See Attachments) Kinney County Detention Center (Operation and Financial Procedures) Kinney County EMS EMS Report Kinney County Aging Center Nutrition Center Report Kinney County Road & Bridge Kinney County Agent Agent Report Kinney County Library Library Report Kinney County Tax Assessor Kinney County Judge Judges Report Kinney County Sheriff Sheriff Report 4. Citizens Forum: At this time, citizens will be allowed to speak on any matter on this complete Agenda. Citizens are not allowed to speak on personnel matters or matters under litigation. Five minutes total has been allotted for this section. 5. Open Court discussion 6. Adjournment Pursuant to the authority granted under Government Code, Chap. 551 the Commissioners Court may convene a closed session to discuss any of the above agenda items. Immediately before any closed session, the specific section or sections of Government Code, Chap. 551 that provides statutory authority will be announced. Commissioners Court of Kinney County, Texas

3 Tully Shahan, Kinney County Judge I, the undersigned, County Clerk, do hereby certify that the above named Commissioners Court Agenda is a true and correct copy of said Notice, and that I posted a true and correct copy of said Notice on the bulletin board at the Courthouse door of Kinney County, Texas, at a place readily accessible to the general public at all times on the 5 th day of January 2016, and said Notice remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Dated this 5th day of January Dora E. Sandoval Deputy Clerk Time:

22 KINNEY COUNTY LITTLE LEAGUE LEASE AGREEMENT This Lease Agreement is made and entered into by and between Kinney County, a political Subdivision of the State of Texas, referred to in this lease as Lessor and Kinney County Little League, referred to as Lessee. In consideration of the mutual covenants and agreements set forth in this lease and other good and valuable consideration, lessor does hereby demise and lease to lessee, and lessee does hereby lease from lessor, the Little League Baseball Park, that is located on part of the Brackett Square Block, fronting on Louise Street and adjacent to the Kinney County Road Department in the original town of Brackett, according to map or plat thereof, as recorded in Volume A-37, Page 228, Deed Records, Kinney County, Texas, in the City of Brackettville, Kinney County Texas. These premises are referred to in this lease as leased premises and include the parking lot in front of the Kinney County Barn located at the corner of Louise and Gove Streets. 1. Term: The term of this lease shall be for five (5) years commencing on the 8 th day of February, 2016 and ending on the 9 th day of February, 2021, unless sooner terminated or extended as provided in this lease. The Lease shall automatically renew each year, unless 30 days prior to renewal, either party may give written notice or cancellation. 2. Basic Rent: There is no fee charged by Lessor to Lessee. 3. Permitted use: Lessee will use the leased premises as a baseball and softball playing and practice field with concession for said activities. Lessee shall not charge 3 rd parties for parking or other usage of the facility, which benefits the Lessee. However, fund raising activities for The Little League may be held with the prior approval of the Commissioners Court on the leased premises. (a) Insurance Hazards: Lessee shall not use, or permit the use of, the premises in any matter that will cause cancellation of, or an increase in, the existing rates for fire, liability or other policy s insuring the premises or any improvements of on the premises, or insuring the landlord for any liability in connection with ownership of the premises. (b) Liability Insurance: Lessee agrees to procure and maintain in force during the term of this lease and any extension of the lease, at lessee s expense, public liability insurance in companies and through brokers approved by lessor, adequate to protect against liability for damage claims through public use of or arising out of accident occurring in or around the leased premises, in a minimum amount of $100, for each person injured, $300, for any one accident, and $100, for property damage. Such insurance policies shall provide coverage for lessor s contingent liability on such claims or losses. Lessee agrees to obtain a written obligation from the insurer s to notify lessor in writing at 30 days prior to cancelation or refusal to renew any such polices. Lessee agrees that, if such insurance policies are not kept in force during the entire term of this lease and any extension of this lease, lessor may procure the necessary insurance, pay the premium and that such premium shall be repaid to lessor as an additional rent installment for the month following the date on which such premiums are paid or in the alternative, cancel this Page 1

23 KINNEY COUNTY LITTLE LEAGUE LEASE AGREEMENT lease. A policy showing the Lessor as named insured (Payee), shall be delivered to Lessor within 30 days of this lease, or prior to any activities on the property. (c) Waste, Nuisance, or Illegal uses: Lessee shall not use, or permit the use of, the premises in any matter that results in the waste of the premises or constitutes a nuisance, nor shall lessee use, or permit the use of, the premises for any illegal purpose. (d) Use of Common areas: The restrooms, and all other common areas of the buildings are for the joint use of lessee, Kinney County and attendees of lessee s activities. 4. Services, Maintenance, and Surrender: Services and Maintenance by Lessee Lessor shall furnish the leased premises with Lessee assuming responsibility of maintenance, monthly charges, if any, cleanliness and service of the following: a. Playing field b. Electricity c. Water d. Usual janitorial and maintenance service e. Maintenance of the public and common areas and maintenance of the building and the exterior building. f. Stands for spectators (a) Surrender by Lessee: At the termination of the lease, lessee shall deliver the premises in as good a state of repair and condition as they were in at the time lessor delivered possession to lessee, reasonable wear and tear and damage by fire, tornado, or other casualty excepted. 5. Improvements, Alterations and Repairs: Lessee agrees that the premises are now in tenantable and good condition; that lessee shall take good care of the premises and they shall not be altered, repaired, or changed without the written consent of lessor; and that, unless otherwise provided by written agreement, all alterations, improvements, and changes that may be required shall be approved by the lessor, but at the cost of lessee, and shall be the property of lessor, and shall remain upon and be surrendered with the premises, that all damages or injury done to the premises by lessee, or by any person who may be in or on the premises with consent of lessee, shall be paid for by blesse; and that lessee shall, at the termination of this lease, surrender the premises to lessor in as good condition and repair as reasonable and proper use of the premises will permit. 6. Inspection: Lessor and its officer, agents, employees, and representatives shall have the right to enter into and upon any and all part to the leased premises at all reasonable hours for purpose of inspection, cleaning, maintenance, repairs, alterations or additions as lessor may deem necessary, or to show the premises to prospective tenants, purchasers, or lenders. 7. Indemnity: Lessee agrees to indemnify and hold lessor harmless against any and all claims, demands, damages, costs, and expenses including reasonable attorney fees for the Page 2

24 KINNEY COUNTY LITTLE LEAGUE LEASE AGREEMENT defense of such claims and demands arising from the conduct or management of lessee s business on the leased premises or its use of the leased premises, or from any breach on the part of lessee of any of the conditions of this lease, or from any act or negligence of lessee, its officers, agents, contractors, employees, subtenants, or invitees in or about the leased premises. 8. Assignment: Lessee shall not have the right to assign this lease or any interest in the lease or to sublet the leased premises without prior written consent of lessor. 9. Default: If lessee defaults in the payment of rent, or defaults in the performance of any of the other covenants or conditions hereof, lessor may give lessee notice of such default and if lessee does not cure any rent or cure the default in the performance of the covenants and conditions within fourteen (14) days, after the giving of such notice or if such other default is of such nature that It cannot be completely cured within such period, if lessee does not commence such curing within such fourteen (14) days and thereafter proceed with reasonable diligence and in good faith to cure such default, the lessor may terminate this lease on not less than fourteen (14) days notice to lessee. On the date specified in said notice the term of this lease shall terminate and lessee shall than quit and surrender the premises to lessor, but lessee shall remain liable to lessor for the deficiency. If this lease has been so terminated by lessor, lessor may at any time thereafter resume possession of the premises by any lawful means and remove lessee or other occupants and their effects. 10. Rules and Regulations: The rules and regulations added to this lease as Exhibit A, as well as such rules and regulations as subsequently may be adopted by the lessor for safety, care and cleanliness of the premises and the preservation of good order on the premises, are expressly made a part of this lease, and lessee agrees to obey all such rules and regulations. 11. Notices: All notices to be given under this agreement shall be given by certified or registered mail, addressed to the proper party, at the following addresses: Lessor: Kinney County Judge, P.O. Box 348, Brackettville, TX Lessee: Kinney County Little League Association, P.O. Box 2004, Brackettville, TX Parties Bound: This Agreement shall be binding upon, and insure to the benefit of, the parties to the agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this agreement. 13. Texas Law to Apply: This Agreement shall be construed under, and in accordance with, the laws of the state of Texas, and all obligations of the parties created by this Agreement of performable in Kinney County, Texas. Page 3

25 KINNEY COUNTY LITTLE LEAGUE LEASE AGREEMENT 14. Amendment: No amendment, modification or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent of the date of this Agreement and duly executed by the parties to this Agreement. 15. Time of Essence: The undersigned lessor and lessee execute this agreement on the 8 th day of February 2016 at Brackettville, Kinney County, Texas. Lessor: Lessee: Kinney County Kinney County Little League Association Tully Shahan, County Judge President P.O. Box 348 P.O. Box 2004 Brackettville, TX Brackettville, TX State of Texas County of Kinney This instrument was acknowledged before me on the day of, 2016 by Judge Tully Shahan, County Judge of Kinney County, Texas. Notary Public in and for the State of Texas State of Texas County of Kinney This instrument was acknowledged before me on the day of, 2016 by President of the Kinney County Little League Association. Notary Public in and for the State of Texas Page 4

COMMERCIAL PROPERTY LEASE AGREEMENT

COMMERCIAL PROPERTY LEASE AGREEMENT THIS AGREEMENT is hereby made between R.J.E.S., LLC., 208 South Pearl Street, Red Bank, New Jersey (hereinafter, Lessor ), and the Borough of Red Bank, 90 Monmouth Street,