~9 ___ _rt= -- TH STA`i'S OF TE ~~15 ) ^ COUIiTY OF I~RR ) r:P,!J?.' A:,L N1i:1I El' "Iils'Si; i R>;,S~;vTS TI'_SS LEASE,' AGRL%'.4~PIT, made and entered into by and between the Lessors as composed of the CI`PY OF KrRRVILLE, which is a nranicipal corporation under the laws of the State of ^lexas and is the County Seat of Karr County, Tee;as, acting herein by and through its hlaycr and City Clerk, duly authorized to execute this instrument by ordinance heretofore properly passed by the City Council of said City of errville, and the COUNTY CF KERB, State of Texas, wiZich is a ;;overrunontal subdivision. of the State of 'i'esas, actinS herein by and t'r.rou~h its County Judi, duly authorized to sc act by order heretofore passed by the Commissioners Court of Kerr County, 'i'etas, for such purpose as is recorded in the Minutes of said Court, and the said CITY and C~-'JT;'iv being jo'~nt owners of the hereinafter described property and llul;osir Aircraft Service Co., .Inc., a 'Texas corporation, hereinafter called Lessee. vi I 'P N .. S S ~' 'P ?I: I. oJ13JLC'1 ~il1TTr,R Lessors have this day leased and lot, and by these presents do lease, let and demise unto Lessee, upon the terms and conditions and subject to the matters hereinafter set forth, a7.1 of the following described real estate in Tien County, 9'a::as, to-wit: Four and one.-tenth (4.1) acres n.f land, more or less, out of and part of the J. V. Robinson Survey IQo, tli;, Abstract Tdo. 282, described as follows: BEGI1dIITaG at an iron pin set in the West line of a proposed 70-foot roadway easement, 70 f©et nest of a fence corner post marking the north..rest cornor o° lot or Site IQo. 17 of Shady Grove, a subdivision in Herr County, 'Pexas, according to the plat thereof recorded in Vol. 1, page LiB, Karr County Plat Lecords; `F'IIB'1vfC~ South b8° 'crest 3U0 feet to ar, iron pin for the northwest corner of this tract; 'i'~~i'ICFJ South 02° i:ast 450 fact to an iron yin for the -1- souti~west corner of this tract; 1'ii~IICE South 48° 30' mast 410 feet to an iron pin for the most southerly cornor of sa9.d tract; Said. point also lying southwest of the proposed 70 foot roadway easement; 'iiiLPdCli North 0?_` :nest 730 feet along the crest line of said proposed 70 foot ~' roadwar easement to tine place of BEGIbiN.1N~'r, containin; within these raetes and bounds 4.1 acres of land more or less. II. CvilSIilliRY.TION In consideration of the forogoin;?, Lessee is bound and obligated: (a) To pay to the Lessors at Kerrville, Kerr County, Texas, the su~~ of ~r4C.00 per rnontcr due and payable on the lOtir day of each rnonth. (b) i^iithin a reasonable time after the e.cocution of this lease, Lessee will co~,unenco and t%rereafter diligentl;y* _:rosecute and complete the construction of a building to be used for the purposes hereinafter sot forth, except no unfinished corrogated galvanized metal shall be used on el;tarior, sarne to contain not lass ti7an ten thousand square feet, and to be constructed of fire-resistant material, (c) Lessee will likewise cunstruct and in width er:tenain~ norti~ from the north line hereinabove describcd tropart;,~. Said runway specifications any'. to be of sufficient width ma of to to intain a taxiway at least twenty (20'j fleet P,unvray 12 by the most direct route into the ba constructed t~ ~':1A ay.proved taxiway acco.~:odata twin-engine coc:!nercial aircraft. The a'r,ove taxiway; is not to be topped as a part of the consideration of the contract, but :nay bo tepped with asphalt by the Lessee at a later data at his discretion. ~~~ (d) To provide anti maintain its own water supply with such water mcotin_ th© requirements for State approval. ~- (e) To maintain the buildings constructed on said lands in a state of good repair at all times during the, life of this lease. (f) To save and keep harmless Lessors i.n all respects by reason of its occupancy and use of any portion of the airfield, and by reason of any acts of its agents, ©mployeos, servants -?_- and any other i:erson or thing on said. premises, to eifectuato which Lessee shall carry liability insuranc© in the amounts o£ not less than >50,000.00 each person, y;100,000.OC each accident, and x;'.50,0(,0.00 property damage, showing Dugos}: Aircraft tlervice Co., Inc, as Operator and Lessee, and the policy endorsed showing the City of Kerrville, `nexas and 'r~err County, 'T'exas, as collateral interest as Owners and Lessors. All insurance policies covering all interest specified in this lease shall be sub:^iitted to Lessors and shall b© subject to acceptance by Lessors by their standards as to company and/or group stability. (~) Lessee shall at all times during the continuance of this agreement, at his own expense, provide £nr adenuate an~i sa.ritary nispesal of sewage in accord with State Health Department recommendations; ]:cep the said premises free from trash, junk and garbage, and provide for the off-airport premises disposal 0.f any such trash, junk and/or _arbage. lI.L. '1~Rri 0?' Lr~:AS':' Tho Lease of the above described premises shall b© for a form of twenty (20) years, co:,Lmencing from date of execution; provided, her;ever, that on or before the expiration date of the p.r~...ary terra of this lease that Lessee shall have the ri~t1t and option to renew this lease for an additional 10 years for the same rental and under the sane terms, covenants and agreo- moots of this lease. Lessee shall hav© the right to exercise said option by giving; no:ico in writing by Registered hail, adnressad `,c L©ssor at t.iie same address rer:tal checks are mailed tc, nn or before ninety (90) days of the date of ex,iration o.f i;his lease, IV. 1'URrOSli Ol^' Li.ASI; It is rarticularly stipulated by the parties to this lease a~ree.,~ent that the buildings and ;remises hereinabove described an~il-iereb;,* leased are t,o bo used for the sole and only -3- ;urce:e cf maintenance, service, rei;air, modification and testing of aircraft, aircraft en~ires and powor plants, and t,re sale of aircraft parts, components and accasseries, aircraft irstru- "rents, aircraft engines and power plants, ar;d such other i_urposes as may be incidental thereto, excluding, ho~.rever, herefrorn the rigrrt to en,age in t;he sale of cetrolerun l.roducts used for aircraft fuel and engine lubricants. V. R OADb~AY~ Lessors are obligated to provide the follo~ain~; facilities in cuunectior.lcer©with: (a) Lessors agree to construct and maintain tha roar. fry>rn. the public read ;recently servinrJ Shad;,r Greve S~^:bdi.vision to the sn,>>tl-east: corner of sa.`_d Tract, the same to be tocped with gravel and to be of sufficient width ±;c accon:odato '-lane traffic, and to fence said road to the southeast corner o£ said tract and fence said roadway to the southeast corner. ~l. CC...;L1Ai1Cr. ~:1Ti R~..JLP.TlO1QS Lecseo obli.gate^ ]:~imself to eomrly LaiGh. all regulations sot up by the federal Aviation ?J3 Agency, federa,~, elate ard. :runicii•al lat•rs, and will poi: pc;r:nit the premises covered: by this lease agree :ent to bcl uses': for a:7tr unlal,iful or i.mrroper p,ur~ osos. .-~ ~V 11. ~i'tili:~il rlA~ 1 U:I This leaso agreemont may be !;errriinatc:d by: (a) Lapse of ti.^-:e; !~~) After t;he e~e,:iratiE.n of one (i) ,year frc;n co::~mence:;ent Gf operations, forfeiture in 1: he avert Lessee fails for any c.,nsecutive siX (C;) months to have or. its l:a;roll. three (3) -~~- regular emr.loyees a:~:plcyed on the leases prc!n~ises, w:-~ich condition of affairs would render this lease aUreoment subject to cancellation, and in wi:ich event %ossee agrees to deliver ut: ..aid ~i='C!".1S8S. SY10Uld LOSSGG~S C~?arai; l~"?nC 'Oa cilSCUT1t 1nUCU fGl' :":C_'H t';.an O].X '; (.~j ~10nt':!;; a:i a re 52:lt C~ a StrliiC Or 71S °!a jCr, EJllCh ii iSC O',1t lnUanCC .,hall nOt i:6 COn: 1de1'e Ci as ~rCU37 :S fOZ' ter:.iIla- lien of ti.is lease asreernent, (c) 'Tile United. States Goverr,nent; recuirin~ the use of saia ;.:re::lise:; in the event of a naticnal a;ner~ency or i'or ar.y oafcr.se l.ro;rar,i or defsrsa ~ ur;,ose on trla tart cf file goverll.ent, .-. zn Whi C,1 aVt;nt LC5SCe agrees t0 do!ivcr U,: I;OSSCS3l~n t^iit 7ln rllnety C') days aftCl' nG:;iCe, After use b~ the United States :~overn:nent has ter=.inated, i.f in face the ;ovarnacnt has taken over file airport, then the said Lessee is entitled tG reent.r the leased i;rer:isos covered by this lease a~raanlen~t and res•_cma its operation, and such loss of tilnc shall ba acd©d tc trle term Gf tl:e lease agreement so ti7at tl~o full term mate ha enjoyod by Lessee Laithout being xenalized with the occupancy oY the United Stat;es Go,ernalent. If the IInited States Government noes take o~,*er said air~,Grt as her© ~ro~ided, then such tir^.e cf occupancy by t;he government wculd be COnStrUad as COmi.IT~: Laiti:i.n the ?.;rOV1SlOnS Of SUbSCCti.On (C) Of this ltenl T'~11, ai'ld shall nOt b0 .,cr.si:iered as a la_r.se of this agreoment; (d) 'rovideti al;aays, and the^~; i-resents are upon this ccndition, t'rab if Lessee does rct or shall neglect, Gr fail to perf~_r.n and observe any or either of the covenants ecntainacz in trlis instru^:ent w'-lic'r. on its parr arE3 to be performed, cr shall be declared bankrupt according tc law, or if any assi;nment shall be attempted to ba made of said prnpert.y for the bonafit ..._ of crod.itors, then in either of said cases, but subject. to subc;ection (e) hereinbelcw, Lessors lawfully may i!runediately or at aT!y time thereafter, and whilst such neglect or defa'~~.1t con- tinuos, and after thirty (~G) days ncCice or cie:aanr9, Gnter into and upon the said ,remises or ta.ny ?;art the roof in the r.ane cf the ;~'T:ole, ar'°T: A !- 1 LJ /s/ E:nmie 11, l-iuenker (Seal) /t/ Emmie ~~:, r=uenker, County Clerk and Ex Officio C1er1, of the Commissioners Ccurt of Kerr County, By Estella Witt, Deputy CI'iY Or ii.:RRVILLE By /s/ Ulenn Petsc'rr /t/ Gorr. ietsch, Mayor ri`l„I'F„C.T /s/ 1~enneth Loyd (Seal) City Clerk 'Pexas -C- -7- ~~. LHSSh'E:: UIIOOSH AIi~CRAF7.' SiRV1CE CO., IiJC. /s/ Charlie Leroy Dugosh /t~ Charlie Leroy Du~osii, Iresident ~'1i'TL;;': /s/ ,~. L, iic'riblatt 'i19d %7t':' ua-- of c.~ ~ ''` ~~~ /t/ I4. L. r'icnblatt, Secretary ~e'rY'eCo~~; t~en~~~aCYar ~;,,f~ufi~~, ~ourt, 3y uoro.i* fem. eiffer, lle;~.uty o-u-o-o-c-c-o-o-c-c. C CTY OF K:RRVILLE, `i~EhAS OIiUIeiAIiCc:,' i'i0. bs- 1?_ Ai; ORUITATIC: RY 'iH CITY OF Kli3RVILLli, TEr:AS, AUTHORIZIDTG 'i'Iiis CITY Oi' F`s'RRVILLr; 'PO LisASE TU UUGOSH AIRCRAFT St;RViCT; CO. 1DiC., A CERTAIid 1t.1 ACF.E TRACT Ur LAidD .-UT OF AI~JD A FART OF THE 0. V. 1~i)BIiISOST SUh!iEY IJO, la l{, AL~STRACT T~rC. 262, 'I'FiL ::A?.Is' B~?lldG A :'AI;T Or' '.il LOUIS SCIittE'IIJh'R AIR FILL L, ice'?h'9ILL1;: I~NriJAIF'A.. AIRr'CtiT, LOCATED lid •~ ~_r r c~ n.r, Tr-i iLtz (. hf; :, _r:;iAa, U .;TED Rr THi; C~1Y GF I':r„3R'JIi,Li~; AlIU CO[iIdTY U}? F~RR, Aiili ENACT1,Tu OTH.R 'ROVISIUP]S II~;ClilETTT A1dD RELATING TO 'PHE SUI3JT~ICT AITD i'URi'O5E OF 1'H1S CRDIPTP.IdCi~l. i,iHERI'.'AS, Du~osh Aircraft Service Co. '~ lease a L,1 acre tract of land located at tions and char;;es sot forth in said lease L;Fii;ii;AS, the City of Kerrville has a particular is authorized by the idunicipal to Doter into said lease a~rsement, and Cnc., has suhmitted a proposed leaso a~r:;ement to the City-County owned Airport upon ter;rs and condi- agreement, and athcri.ty -morally to pass this ordinar_ce and. in Airports Act (Articles 1i6d-1 to 46d-22 V.'P.C.S.), ~iIfEREAS, it is necessary and proper that the City Council of the City of Kerrville, Texas, enter into the lease agroen:ert of laic',. proporty and do other thins incident t;;oreto; now, therefore, ~i, I'. Ol'.DAIITEU i"r `"Htd CITY COUdC~L OF "_? ClT"" ' 1 i ~• i I h' ~ OF KERRY ILLr;, Y;;:I,I; COUNT ', `-'EX:.~. Si~,C`I'IOI l: That the Cite oP Kerrville `1'eras, lease to Dugosh Aircraft Servico Co inc., a 'Faxes Corporation o° Iiorr County, Taws, a1J_ that cortain tract of land. lying and bein-; situated in the Co,~nta of Y,.err, State of `1'esas, and more particularly described as fcl.lows, to wit: ~, F~'our and one-tenth.(1l;.1) acres of land, more or lsss, out of and part of the u, V, Robinson Survey Ico. (E1T, Abstract Ido. 262, described. as folloc~rs: BE'~I?`T;iIF•TG at an iron pin set in the ,post line of a proposed 70-foot roadway easement, 7U fret lest of a fenco corner _:ost marl;ir.~; the northwest corner of lot or Site Ivo. 17 of Shady Grove, a subdivision in fio.rr Cennty, Toxas, according to the plat thereof recorded in Vol, 1, page 48, iierr County i'lat Records; '1':a;IiCL' South tlc° ldest 300 feet to an i-ren pin for t, he northwost corner of this tract; TIiEiIGE South. 02° i:ast !_50 Peet to ar. i.ron r,in for the soutiiwast corner of this tract; Tili,iTCE Soutb. ~.%'` ;0~ ~;ast fi10 Vest to an iron pin for tiro most southerly corner of :aid tract; 1. Said mint also lying southv;est of the proposed 70-foot roadway easement; i'IIr;IiCE Piorc:-, 02° nest 730 feet along the =.aest J_ine of said proposed 7G-fcot road~;a~r easement to tho '~~LAC3 OF Lli~~Irl~rlti:IlG, containing, within these metos and bounds fT.l acres of land mere or less, for the terry of twe:nt~= (2U) years, with ax: optior, of renewal for an auditional ten (1G) years, in consideration of the payment to the City of Kerrville and County of Korr of the sum of dr1~0.00 per month, the construction of a fire-resistant buildinr•; of net less than 10,000 square feat, and for other matters of c~nsideratim on the terns and conditions ac I_rovided in said ?96 -- --- ' a~reoment so submitted. SECT~OLi 2: That said lease a~rc:e-lent and any and all other necessary anci related irstru- '~ _nents of lease or contract incident to the rurpose o~ this ordinance shall be signed by the P^.ayor and attestor by the City Clerk, and tl:e corpcrate seal of the "City of Kerrville, '1'exas° shall be imr-ressed upon. each of such instruacnts, and, further, the i[ayor, the officers and employees of the City of ~:orrville Ue, and they are hereby authorized and directed to do all thin,=s necessary and proper to carry out the terms and purposes of this ordnance. 'A::SEL% A1dU AFiI'0`!EL' en Fix°st iteadin~ this the 18tH day of P.uust, 19u5. TASSEL' Ai~IJ A'Pr.OV~:J~ on Second Reading; this the 1st day of September, 1965, PASSED A'„L' A F7,OC~D on Third and Final iteadin; this the lsti: da;~ of Se_ te,.b~r, 19~i. /s/ ~~lenn i-etsch islenn I'etsch, I°iayor City of Kerrville, 'Pe,ias ~ti /s/ Kenneth Loyd Kenneth Loyd, City Clerk City of Kerrville, `Pexas Filed ~7tY: day of Sept,:? D. 1~36~ ~~^l:ilie i'1 TiUBn iar Clerli, ~oanty Dort, Y,e rr County, Texas Py iloro~hy ~, Pfeiffer, Deruty o-o-o-o-o-o-o-„-c-: The foregoing minutes from page 285 thru 296 were read in Open Court and found correct and are hereby approved this the 11th day of October 1965. ATTEST ~ ~ '`~ Coon*_y Clerk, Kerr County, Texas i unty Judge, Kerr Co y, Texas o-o-o-o-o-o-o-o-o THE STATE OF TEXAS ~ COUNTY OF KERB ~ BE IT REMEMBERED tiZat there was begun and holden on the 11th day of October 1965 at 10:00 o'clock A,i'i„ in the City of Kerrville, a Regular Terrn of the Cominissioners~ Court with the following officers present: oulius R. Tdeunhoffer W, C, Schwethelm C. H, l~tosty Adolph Bartel Roger Stone County Judge Commissioner Precinct 1 Commissioner Precinct 2 Commissioner Precinct 3 Commissioner Precinct 1~. and the Gourt inav>.ng duly opened, the following proce©dings ware had: 1J 0. 10090 APPROVAL OF CLAI:~LS AND ACCOUNTS On this the 11th day of October 1965, came on to be examined by the Court the various claims and accounts against Kerr County and the respective Commissioners Precincts since the last term of Court, which claims and accounts were approved for payment Ly the Cl~rT: and Treasurer, in amounts and out of Road and Bridge Nos. 1, 2, 3 and 4, General, Officers Salary, County Law Library, Special Airport Maintenance and Highway 39 R/'d Funds, as shown in the Minutes of Accounts Allowed from page 947 thru 950, Voucher Nos. 13530 thru 13b50 , which were made a part hereof and of this order. Motion made by Commissioner Stone, seconded by Commissioner Bartel and unanimously approv- ed by the Court. o-o-o-o-o-o-o-o-o-o N0, 10091 MONTHLY REPORTS OF COUNTY AND PRECINCT OFFICERS OF KERB COUNTY APPROVED On this the 11th day of October 1965, came on to be examined by the Court the various reports of September of the County and Precinct Officers of Korr County, Texas and the same 2. having been heard and considered by the Court, finds that said reports are true and correct