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N0, 9482 A"rPORTIONMENT OF X5,000,00 FROM GENERAL ROAD AND BRIDGE FUND
.-.
This the Pth day of July 1963, upon motion of Com;issioner Bartel, seconded by Commis-
sioner Witt, the Court unanimously approved that the County Clerk and County Treasurer be,
and are hereby directed to apportion the sum of ~G5,000,00 out of the General Road and Bridge
Fund to the respective Commissioners' Frecincts:
Road & Bridge Frec. #1 - X1,700.00
Road & Bridge Frec, #2 - ~ 850,00
Road & Bridge Prec, ~3 - ~ 850.00
Road & Bridge Prec, ~4 - X1,600,00
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N0. 9483 TRAAT.SFER OF x"2500.00 FROM ROAD AND BRIDGE PRECINCT No. 4
On this the 8th day of July 1963, a motion was made by Commissioner Schwethelm to transfer
x2500.00 from Road and Bridge Precinct ~`l} to Road and Bridge Prec, d}l, Road and Bridge Prec.#
2 and Road and Bridge Precinct ~{3.
Said motion was declared to have failed for want of a second,
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ASSIGNMEP]T OF REAL ESTATE LEASE AND AGREEMENT
This assignment of lease and agreement made and entered into by and between MOONEY AIR-
CRAFT, INC.; Kerrville, Texas (Lessee- hereinafter called "Borrower"); and THE CITY OF KERRVILLE,
TEXAS and COUNTY OF KERR (hereinafter called "Lesson"); WITNESSETH:
6dHEREAS, Borrower has heretofore leased from Lessor a certain tract of land owned by
Lessor situated and described as follows:
The hereinafter described lands, together with the improvements thereon, being part
of the Louis Schreiner Field, Kerrville Municipal Airport, situated about five (5) miles
Southeast of the City of Kerrville in Kerr County, Texas, the lands hereby leased and herein-
after described by metes and bounds have situated on them several buildings, two of which are
owned by Lessors, to-wit:
The large hangar known as Hangar No, 2 located on Tract One, hereinafter described,
and the frame structure known as Old National Guard Armory Building located on Tract No, Two,
hereinafter described; said lands being a portion of those lands described in a Warranty Desd
dated August 16, 1941, from the Estates of Paul Ingenhuett, et el, recorded in Volume 66,
Page 302 of the Deed Records of Kerr County, Texas, to-wit:
TRACT ONE•
BEGINNING at an iron stake set 100 feet NW from the NW line of pavement of the NE-
S4J runway and 100 feet NE from the NE line of pavement of the Nlv'-SE runway of said airport,
set for the South corner of this tract;
THENCE along a line parallel to and 100 feet NW from the N':d edge of said NE-SW runway,
N. 35` 55' E. 1028 feet to an iron stake set for the East corner of this tract;
THEP?CE N, 56° 05' W, 572,7 feet to an iron stake in a chain link fence, set for a
re-entrant corner of this tract;
THENCE N. 33° 551 E. 325 feet to an iron stake;
THENCE N. 56° 051 W, 203 feet to an iron stake in fence line, the SE line of that
tract oŁ land which was conveyed by C, C, Chipman and wife to Philip B, Pope by deed dated
December 23, 1939 and recorded in Volume 65 at page 390 of the Deed Records of Kerr County;
THENCE with fence line the SE line of said "Pope tract" S, !~6° 06' W, 885,7 feet
~~
to s large live oak tree;
THENCE with said "Pope" SE line S, 20° 38' W, 383.4 feet to an iron stake set for a "
corner of this tract;
THENCE S. 48° 30' E, along a line which is parallel to and 100 feet NE from the NE
line of the yaved P1W-SE runway a distance of 883 feet to the place of beginning.
TRACT TWO:
BEGINNING at an iron stake set 100 feet NW from the NUJ line of pavement of the
NE-SW runway and 685,7 Łeet N, 33° 55' E. from the East corner of the aforesaid Tract One;
THENCE along aline parallel to and 100 feet NW from the NW edge of said NE-SW run-
way N, 33° 55' E, 725 feet to an iron stake set for the East corner of this tract;
THENCE N. 65° 05' W, 1061,5 feet to an iron stake in the center of the bed of Silver
Creek, the North line of the airport property;
THENCE with the center of the bed of Silver Creek S, 86° 42' W, 277,5 feet and S,
51° 4J, 303 feet to a point where said creekcenterline intersects the SW line of a county road,
formerly the old Kerrville to Comfort Highway, at the North corner of that tract of land which
was conveyed by C, C, Chipman and wife to Philip B, Pope by deed dated December 23, 1939 and
recorded in Volume 65 at page 390 of the Deed Records of Kerr County;
THENCE with the NE line of said "Pope tract" along the SW line of said road, S,
3G° 27' E. 565.3 feet and S, 22° 09' E, 177,7 feet to a fence corner;
THENCE with fence line the SE line of said Pope tract" 5, 46° 06' W, 71.4 feet to
an iron stake;
THENCE S, 56° 05' E, 414.4. feet to an iron stake;
THENCE N, 33° 55' E. 145 feet to an iron stake;
THENCE S. 56° 05' E, 315 feet to the place of beginning,
LuHEREAS, Small Business Administration and Security State Bank and Trust; Fredericksburg,
Texas (here9.nafter referred to as "Bank/SBA") has agreed to lend to Borrower the sum of Four
Hundred Forty-one Thousand Five Hundred and No/100 Dollars ($~l4J+1,500.00) to be used for the
construction of new building and payment of existing S,B,A, loan;
...
.TOGJ, THEREFORE, Łor and in consideration of the mutual agreements and covenants herein
contained, and of disbursement of said loan or any part thereof, IT IS MUTUALLY AGREED BY AND
BETWEEN ALL FARTIES HERETO, as follows:
1, That Borrower, with the consent of Lessor, hereby ASSIGNS, TRANSFERS and CONVEYS
unto Bank/SBA, with right of reassignment, a certain lease between Borrower and Lessor dated
the 10th day of January, 1963, for a term of 40 years, covering the premises above mentioned
and described, and the buildings thereon, TO HAVE AND TO HOLD the same for and during the
remainder of the term mentioned in the lease, and all renewals and extensions of said term.
2, Lessor covenants that, in consideration of Bank~SBA making se4d loan to Borrower,
Lessor (a) will give written notice to Bank/SBA of any default of Borrower under said lease;
(b) will not terminate said lease for any such default unless the Bank/SBA fails to cure such
default; and (c) so long as Bank/SBA has not entered into possession of the premises leased
in said lease for the purpose of operating the said business, it shall not be liable for rent
or any other obligation of the Borrower pursuant to, or in connection with said lease, and
Borrower shall remain liable for all such rents and obligations, as provided in said lease,
dated the 10th day of January, 1963,
LESSOR further COVENANTS AND AGREES, as Follows:
(a) That, as of a date not more than thirty (30) days prior to any disbursement on
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account of the loan, Borrower is not in default under any terms of the leased premises;
r-
(b) That in the event of any default under the terms of said lease, Lessor will not
terminate the lease or take any action to enforce any claims with respect thereto without
giving to the holder of the Note at least sixty (60) days prior written notice and the right
to cure such default within sixty (60) days after such notice;
(c) Subordinates to all liens securing the Note, until payment in full of the Note, every
lien and every right to institute proceedins to establish any lien or claim against any or
sll of the property hypothecated as collateral for the Note;
(d) That none of the property of the Borrower situated on said leased premises consti-
tutee fixtures or any part of the real estate of the Lessor as same has been placed on said
premises with the agreement and understanding that such property may be removed therefrom by
the Borrower or assigns and all property hereafter placed on the leased premises by Borrower
may be removed therefrom and shall not be considered a part of the real estate, excepting those
buildings owned by the City and County and described in said lease dated the 10th day of
.-. January, 1963,
(.e' Certifies that he (it) has full power and authority to execute this instrument, and
has title to the leased premises or such property rights therein as to make effective the vest-
ing in Borrower of rights with respect thereto in accordance with the terms of said lease and
this instrument.
Nothing in this assignment shall in any way be construed to alter the terms and conditions
of said original lease dated January 10, 1963,
IT IS MUTUALLY AGREED BY AND BETWEEDI AFL THE FARTIES HERETO that this assignment and
agreement shall be executed in three (3) counterparts, each of which shall have the same force
and effect as an original and one shall be attached to and become a part of the lease hereto-
fore executed by the Lessor to the Borrower; and that the terms used to designate any of the
parties herein shall be deemed to include the heirs, representatives, successors and assigns
of such parties.
TO ALL OF tdHICH ldE MUTUALLY AGREE this Z8th day of June, 1963.
,-.
BORROWER
ATTEST: MOONEY AIRCRAFT, INC,
/s~ E. B. HUN1~iICUTT
/t/ E, B, Hunnicutt, Secretary
(Seal)
LESSORS
COUNTY OF KERR
/s/ JULIUS R, NEUNHOFFER
/t/ Julius R, Neunhoffer
County Judge
~ ATTEST:
,~~~~~ /s/ EMMIE M,
~' J ~,,:' /t/ Emmie M,
~,7 (Seal)
MUENKER
Muenker, County Clerk
/s/ HAL RACHAL
/t/ Hal Rachel, President
CITY OF I~RRVILLE
/s/ Glenn Petsch
Mayor
ATTEST: /s/ Fred A. M, West
City Clerk
O-C-G-O-O-O-C-O-O-O-O-O
COURT RECESSED July 8, 1963 at I.F:GO o'clock P,M,
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