ORDER N0. 14595
APPROVAL OF AIRPORT LEASE, BY AND BETi~TEEN THE CITY OF
KERRVILLE AND KERB COUNTY, LESSOR AND EAA SOUTHWEST
REGIONAL FLY-IN, INC., LESSEE
On this the 8th day of February 182, upon motion made by
Commissioner Lich, seconded by Commissioner Holland, the
Court unanimously approved an Airport Lease, by and between
the City of Kerrville and Kerr County„ Lessor and EAA South-
west Regional Fly-In, Inc., Lessee, on a tract of land 180
feet by 483.33 feet, for a twenty-year period, beginning
November 1, 1981 and terminating on October 31, 2001,
subject to concurrence by the City of Kerrville.
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AIRPORT LEASE - EAA SOUTHWEST REGIONAL FLY-IN, INC.
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THIS LEASE entered into by and between the City of Kerrville and
Kerr County, LESSOR, and EAA SOUTHWEST REGIONAL FLY-IN, INC., a Texas
non-profit corporation, LESSEE, as follows:
1. Premises.
Lessor leases to Lessee a tract of land 180 feet by 483.33
feet, more particularly described on Exhibit 2 attached hereto and
incorporated herein by reference.
2. Rent.
Rent is one dollar ($1.00) per year payable in advance.
3. Term.

Term of this Lease shall be for a twenty-year period beginn-
ing November 1, 1981 and terminating on October 31, 2001.
4. Use of the Premises.
Premises shall be used for an office of the Lessee and an air-
craft historical museum to be operated by a tax-free foundation. All of
Lessee's use and operation shall be pursuant to a non-profit use, and in
the event such use substantially changes, or Lessee engages in for-profit
commercial activities, then Lessor, upon sixty days (60) written notice,
may terminate this Lease.
5. Utilities.
Lessee shall be responsible for obtaining and paying for all
utilities.
6. Fly-In.
Lessee agrees to conduct its yearly Fly-In at the Kerrville
Airport and Lessor agrees that it may do so. Such Fly-In shall be con-
ducted the third weekend of September each year unless otherwise mutually
agreed by the Lessee and Lessor, and shall be of the same general nature as
those conducted in the past. In the event that no Fly-In is held in one
calendar year, then Lessor may terminate this Lease upon sixty days (60)
written notice.
7. Termination by Lessee.
Lessee may terminate this Lease by a six-month written notice
thereof to the City Manager of the City of Kerrville.
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8. Improvements.
Any improvements built in or installed on the premises by Lessor
which under the laws of the State of Texas constitute real estate, shall
become the property of Lessor at the termination of this Lease. Except,
however, in the event Lessor determines that improvements are of no benefit
to Lessor, then at Lessor's written request and at Lessee's expense, any
such improvements designated by Lessor shall be removed by Lessee within
sixty days (60) of such request.
9, Standard Lease Provisions.
(1) Discrimination.
a. Each party hereto shall furnish services on a fair, equal,
and not unjustly discrimatory basis to all users thereof; and
b. Each party hereto shall charge fair, reasonable, and not
unjustly discriminatory prices for each unit or service; provide that
reasonable and nondiscriminatory discounts, rebates, or other similar types
of price reductions to volume purchasers may be made.
c. Each party, in exercising any of the rights or privileges
herein granted to it shall not on the grounds of race, color, or national
origin, discriminate or permit discrimination against any person cr group
of persons in any manner prohibited by Part 21 of the regulations of the
Secretary of Transportation. The Lessor is granted hereby the right to take
such action, anything to the contrary herein not withstanding, as the United
States may direct to enforce this nondiscrimination covenant.
(2) National Emergency.
In the event the United States Government requires the use of said
premises in the event of a national emergency, or for any defense program,
or defense purposes on the part of the government, the party in possession
agrees to deliver up possession within ninety (90) days after notice. After
use by the United States Government has terminated, if in fact the Government
has taken over the airport, the said party is entitled to re-enter the
premises covered by this agreement and resume its operation, and such loss of
time shall be added to the term of the agreement so that the full term may be
enjoyed without being penalized on account of the occupancy of the United States
Government. Lessee does not, however, waive any right to compensation for any
taking under power of eminent domain.
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(3) Self-Service.
No right or privilege has been granted which would operate to
prevent any person, firm or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own regular
employees (including but not limited to maintenance and repair) that it
may choose to perform.
(4) No Exclusive Franchise.
Nothing herein shall be construed to grant or authorize the
granting of an exclusive franchise or right, except the lawful right of
a lessee to exclusive possession of leased premises.
(5) Development. °
Lessor reserves the right, in a reasonable and non-discriminatory
manner, to further develop or improve the landing area of the airport as
it sees fit, regardless of the desires or views of any party and without
interference or hindrance.
(6) Maintenance of Airport.
Lessor shall keep the Airport in an operable condition and shall
have the right to direct and control all activities of any party in this
regard.
(7) Maintenance of facilities.
All hangars, buildings, properties or land on the airport used by
Lessee shall be maintained in a clean, attractive, weed free, well painted,
junk free, condition.
If an operator or Lessee has an area where it normally keeps
damaged aircraft, aircraft parts, construction fixtures, and jigs, barrels,
containers, or other unattractive items, Lessee shall enclose such an area
with a fence that will hide such area from public view.
(8) Structural Hazards.
Lessor reserves the right to take any action it considers necessary
to protect the aerial approaches of the airport against obstruction, together
with the right to prevent the erection of any building or other structure on
or adjacent to the airport which would limit the usefulness of the airport
or constitute a hazard to air craft.
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(g)
Subordination to Federal Aoreement.
This agreement shall be subordinate to the provisions of any
existing or future agreement between Lessor and the United States, relative
to the operation or maintenance of the airport, the execution of which has
been or may be required as a condition precedent to the expenditure of
federal funds for the development of the airport. Lessee, however, does
not waive any right to compensation resulting from a taking under power of
eminent domain.
(10) Laws and Regulations.
Incorporated into this agreement, by reference and as though set
forth herein verbatim, are the policies, standards,''and regulations adopted
or to be adopted by the Kerrville-Kerr County Joint Airport Board, or by
any other governmental agency legally responsible for the airport. Such
policies, standards and regulations shall be lawful, reasonable and non-
discriminatory. Further, all parties hereto agree to comply with any and
all laws and regulations, including those of the Federal Aviation Administration,
and will not permit the premises covered by this agreement to be used for any
unlawful or improper purpose.
(11) Insurance.
Each Lessee shall at all times have in effect liability insurance
for all of Lessee's operations in the amounts of $100,000 per person,
$300,000 per accident-bodily injury, and $100,000 per accident-property
damage. Such insurance policies shall further name the City of Kerrville,
the County of Kerr and the Board, as additional insureds. Certificates of
such insurance shall be furnished by Lessee to the Kerrville-Kerr County
Joint Airport Board, and a Certificate presently then in effect shall be on
file at all times.
(12) Use Charges.
The standards and regulations enacted by the Joint Airport Board,
or other governmental agency responsible for the operation of the airport,
now or in the future, may provide for use charges to be paid 6y those
using, occupying, or conducting operations at the airport. Such charges
may be based upon square footage, receipts, or other reasonable basis, to
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Ise established by such standards and regulations. Lessee agrees to pay
such charges as same are due and owing under any such standards or regulations,
now or hereafter in effect. Any such use charges shall be lawful, reasonable
and non-discriminatory.
(13) Consent by Board.
This agreement shall contain an appropriate space for approval by
the Kerrville-Kerr County Joint Airport Board, Kerr County and the City of
Kerrville. This agreement shall never be effective without the consent of
all three.
(14) Default of Lessee.
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Lessor may on account of the breach of any provision hereof,
including the policies, standards, and regulations incorporated herein by
reference, terminate this agreement and eject the party in violation.
(Further details concerning insolvency, notice, and other matters concerning
Lessee's default may be in a particular lease).
(15) Indemnity.
Lessee, and other users of airport property, agree to save and
hold harmless the City of Kerrville, County of Kerr, the Kerrville-Kerr
County Joint Airport Board, and their agents, servants, and employees of
and from any and all liabilities, expenses, causes of action, damages, and
attorney's fees resulting or to result from any businesses, operations,
occupancy, or use of the airfield, or resulting from any act or omission of
any Lessee's or others' agents, servants, or employees. And this indemnity
agreement shall apply and protect such City, County, and Board, and their
agents, servants, and employees, even though it be contended, or even
established, that said City, County, or Board, or their agents, servants,
or employees were negligent, or that their conduct, or omission, in any way
caused, or contributed to, any such liability, expense, damage, cause of
action, or attorney's fees.
(16) Purpose and Premises.
The purpose of the lease and the operations to be conducted by
Lessee or sublessee, and the indentity of the premises to be occupied, are
set forth in this lease. No other operation, operations, business, or
occupancy may be had or done without the additional written consent of the
Board.
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A sketch or plat of the premises covered by this agreement shall
be attached prior to approval by the Board.
(17) Assignment and Sublease.
This agreement may not be assigned, in whole or in part, nor
may the premises described herein be subleased, in whole or in part,
without the prior written consent of the Board. Such consent shall not
be unreasonably withheld.
SIGNED ds of the 2nd day Of February, 1982.
LESSEE: EAA SOUTHWEST REGIONAL FLY-IN, INC.
By: / i
President

LESSOR: KERRVILLE-K~&R COUNTY JOINT AIRPORT BOARD
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Chairman
CITY OF KERRVILLE
H. Lee Jen ngs, City of errville
Mayor
COUNTY OF KERR

County Judge
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THE STATE OF TEXAS
COUNTY OF KERR
Before me, the undersigned authority, on this day personally
appeared i~ , President of EAA SOUTHWEST
REGIONAL FLY-ZN, 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
therein expressed, in the capacity therein stated and as the act and
deed of said corporation.
Given under my hand and seal of office on this the day
of A.D. 198
Notary Public in and for Kerr County,
Texas.
My commission expires , 19
THE STATE OF TEXAS
COUNTY OF KERR
Before me, the undersigned authority, on this day personally
appeared H, Lee Jennings Mayor of the City of Kerrville,
known to me-to be the person whose name is subscribed to the fore-
going 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, pursuant to
Resolution adopted by the City Council on the 9th day of February
1982
Given under my hand and seal of office on this the 9th day
of February ~ A•D• 1982•
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Notary Public in and for Kerr County,
Texas. Sheila L. Brand
My commission expires Dec. 14 19`~'f"
THE STATE OF TEXAS
COUNTY OF KERR
Before me, the undersigned authority, on this day personally
appeared JULIUS R. NEUNHOFFER, County Judge of Kerr County, 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 County, pursuant to an order
of the Kerr County Commissioner's Court adopted at a regular meeting
on the ~ day of~"~"~-~~ 198..
Given under my hand and seal of office on this ~S day of
A~;~~ A.D. 198`.
J ~
Notary Public in and for Kerr County, Texas
My commission expires ~'=t 3 / ,19 ~~



KERR`JtL.I.E. MUNICIPAL plRpoRT
The proposed ground lease for the E.A.A. Southwest Reginal Fly-In, Inc.
at the Kerrville Municipal Airport is described as follows:
From the SE corner of the Gibson lease, in a northerly direction, along
the Airport boundry fence a distance of 1580.33 feet, which is the southeast
corner of the Here-In-After described lease area:
Northerly along said boundry fence line 483.33 feet; thence westerly
180+ feet to a point in the east R.O.W. of State Road (Spur) 535; thence
southerly along R.O.W. 483.33 feet; thence easterly 180+ feet to the place
of beginning, comprising approximately 2.0 acres.
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ORDER N0. 14595
APPROVAL OF AIRPOP.T LEASE,
BY & BET[dEEN THE CITY OF KERRVILLE
REGIONALOFLYLINSOINCrID LFSSEEUT~~ST
2-9-1982
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Vol. P, Page 163