ORDER N0. 14798
APPROVAL OF DUGOSH AIRCRAFT SERVICE COMPANY,
INC. SUB-LEASE Ar,REEMF.NT
On this the 24th day of September 1982, upon motion
made by Commissioner Holland, seconded by Commissioner
Guthrie, the Court unanimously approved confirmation of
a Sub-Lease Agreement, by and between Dugosh Aircraft
Service Company, Inc., Sub-Lessor and the City of Kerrville
and Kerr County, Texas, Sub-Lessee, as executed on September
17th, 1982.
ORIGINAL
KERR COUNTY
STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERR X
DUGOSH AIRCRAFT SERVICE COMPANY, INC.
SUB-LEASE AGREEMENT
This Sub-Lease Agreement is made and entered into this
30th day of September 1982, by and between DUGOSH
AIRCRAFT SERVICE COMPANY, INC., of Kerr County, Texas, here-
in called Sub-Lessor, and THE CITY OF KERRVILLE and KERR
COUNTY, Texas, herein called Sub-Lessee.
In consideration of the mutual covenants and agreements
herein set forth, and other good and valuable consideration,
Sub-Lessor does hereby demise and sub-lease to Sub-Lessee,
and Sub-Lessee does hereby sub-lease from Sub-Lessor, the
premises situated in Kerrville, Kerr County, Texas, described
as follows and hereinafter called the "leased premises":
A space 8' x 8' ir. the southwest corner of
the Dugosh T Hangar and a land area of 3'
x 3' located outside said Dugosh T Hangar
and adjacent to said southwest corner,
said property, and being a protion of a
7.4 acre tract leased to Sub-Lessor in that
certain Lease dated January 27, 1976, be-
tween Sub-Lessor and Sub-Lessee.
TERM
The term of this sub-lease shall be year commencing
on the 1st day of October 1982, and continuing annually
thereafter for so long as the leased premises is used for a
radio and antenna location and for so long as said 7.4 acre
tract as above described is leased by Sub-Less~rr.
RENT
Sub-Lessee agrees to pay to Sub-Lessor as rent for the
leased premises the annualized sum of Three Hundred Dollars
($300.00) per year in advance on the first day of each year,
commencing on the 1st day of October , 1982, continu-
ing annually therafter for so long as this Sub-Lease Agreement
is in effect. The lease payment due with this Agreement shall
be in the amount of three hundred and fifty dollars ($350.00)
for a period of fourteen (14) months from August 1, 1982, thru
September 30, 1983. -t1:e ~ ST
USE
The leased premises shall be used only for a radio and
antenna location to be operated by the Federal Aviation
Administration (FAA), and Sub-Lessee shall not permit the
leased premises or any part thereof to be used for the following:
a) Anything which is against public regula-
tions, FAA or local airport safety require-
ments or rules of any public authority at
any time applicable to the leased premises;
OR,
b) Any purpose or in any manner which will ob-
struct, interfere with, or infringe on the
restricted airspace as established by the
FAA and/or Airport Policies and Standards.
UTILITY CHARGES
Sub-Lessee shall pay promptly as they become due all
charges for electricity and water, if needed, to the leased
premises during the term of this lease.
INDEMNITY AGREEMENT
Sub-Lessee agrees to indemnify and hold Sub-Lessor and
the property of Sub-Lessor, including the leased premises,
free and harmless from any and all liability for injury to
or death of any person, including Sub-Lessee and employees
of Sub-Lessee, or for damage to property arising from the use
and occupancy of the leased premises by Sub-Lessee or from
the act or omission of any person or persons, including Sub-
lessee and employees of Sub-Lessee, in or about the leased
premises with the express or implied consent of Sub-Lessee.
IMP RO V ED1EN T S
Sub-Lessee shall be entitled to the following:
a) To enclose said 8' x 8' portion of the
leased premises provided that in the
event of such enclosure, Sub-Lessee cuts
off Sub-Lessor's access to and from the
exterior door situated in the southwest
corner of said Dugosh T Hanger, Sub-
lessee agrees to install, at its sole
cost and expense, a second exterior door
comparable to the exterior door currently
in the Dugosh T Hanger to provide Sub-
lessor with egress and ingress to and
from the southwest corner of said hanger;
b) To install an antenna on said 3' x 3'
portion of said leased premises next to
said Dugosh T Hanger provided that same
shall be installed in accordance with
FAA specifications and any local Kerrville-
Kerr County Airport specifications and
regulations.
A11 such improvements constructed, built or placed on
the leased premises by Sub-Lessee, except for any radio and
auxiliary equipment therefor, antennas and other similar
equipment, shall become the property of the Sub-Lessor and
remain on the leased premises at the expiration of this Sub-
lease.
CONDITION OF PREMISES
Sub-Lessee stipulates that he has examined the leased
premises as well as all buildings and improvements located
thereon and they are all, at the date of this lease, in good
order, repair, and in a safe and clean condition.
ASSIGNMENT AND SUBLETTING
Sub-Lessee shall not assign this lease nor sublet the
leased premises or any interest therein without first obtaining
the written consent of Sub-Lessor, except that Sub-Lessee may
sub-lease to the FAA without such consent.
TIME OF ESSENCE
Time is expressly declared to be of the essence of this
sub-lease.
- 2 -
BINDING OF HEIRS AND ASSIGNS
Subject to the provisions of this sub-lease against
assignment of the Sub-Lessee's interest hereunder, all provisions
of this sub-lease shall extend to and bind, or inure to the
benefit not only of the parties hereto but to each and every
one of the heirs, executors, representatives, successors, and
assigns of Sub-Lessor or Sub-Lessee.
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 hereunder are performable in Kerr County, Texas.
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the entire Agreement of the
parties hereto and supersedes any prior understandings or
written or oral Agreements between the parties respecting the
within subject matter. No change in, modification of, or
supplement to this Agreement shall be valid or enforceable
unless it is in writting and signed by the authorized repre-
sentative of the Sub-Lessor and Sub-Lessee.
IN WITNESS WHEREOF, the undersigned Sub-Lessor and
Sub-Lessee hereto execute this Agreement as of the day and
year first written above.
SUB-LESSOR:
ATTEST:
~~~ ~~ ~~~
Sheila L. Brand, City Clerk
CITY OF KERRVILLE, Texas
DUGO rIRCRAFT SE./ICE CO., INC.
Ch rles Dugosh, Pres~ ent
SUB-LESSEE:
CI F KERRVILLE
a/~~
Da id H. Calk, Mayor
CI Y OF KERRVILLE, Texas
ATTEST: 'r'r~~
mmie M. Muenker,
Clerk of the County Court & Ex-Officio
Clerk of Commissioners` Court ~ .
of Kerr County, Texas ~ ~. ~ f ~/,
Jul us R. Neunhoff r,
Co ty Judge
Ke r County, Texas
STATE OF TEXAS X
COUNTY OF KERR X
BEFORE ME, the undersigned authority, on this day personally
appeared Charles Dugosh, President of Dugosh Aircraft Service Co.,
Inc., a corporation, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therin expressed, in the capacity therein stated and as the act
and deed of said corporation.
IV EN UNDER MY HAND AND SEAL OF-OF~'1CE on this the __~~day
of 1982. ~°
(~/ee.u,, I~~~h 0/Y11 ~ /~ l
Notary Public in and for
- 3 - Kerr County, Texas
Commission expires /0-9-~5~
STATE OF TEXAS
COUNTY OF KERR
BEFORE ME, the undersigned authority on this day personally
appeared David H. Calk Mayor of the City of Kerrville,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said City.
GI E~N/ UNDER MY HAND AND SEAL OF OFFICE on this the _~ day
D, /,~ _O ~~ ~~
Notary Public in and for
Kerr County, Texas
Commission expires ~ ~-.
STATE OF TEXAS
COUNTY OF KERR
Sheila C Brand
Platary Public
Hiy Commission Expires 1214 84
AFORE ME, the undersigned authority, on this day personally
appeared Julius R. Neunhoffer County Judge
of Kerr County, Texas, inown to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration there-
in expressed, in the capacity therein stated and as the act and
deed of said County.
%G~IV Q UNDER MY HAND AND SEAL OF OOFICE on this the / 7 day
of , 1982.
~ ~ti-~~ ~- ~~~Ctf
Notary Public in and for
Kerr County, Texas
Commission expires /1 - j l ~
BlLLIE G.
1~lotory Public, Ker
A PROVED AS TO FORM:
~~
~homas S. Terrell,
City Attorney
~/~ /s~~
Date
r/, ~~ r; G2
r County, Texas
elm 1t NRBR . 1a.~"s~
4 ~~ ~s
ORDER N0. 14798
APPROVAL OF DUGO5H AIRCRAFT SERVICE
COMPANY, INC. SUB-LEASE AGREEP4ENT
9-24-1982
P, Page 224