ORDER No. 14658 ORDER AMENDING KERRVILLE-KERR COUNTY AIRPORT POLICIES AND STANDARDS On this the 10 day of 1982, at a regularly scheduled meeting of the Commissioners' Court of Kerr County, Texas, by motion made by Commissioner Holland seconded by Commissioner Lich and unanimously approved by the Court, it was ORDERED that Pages 5, 6, 7 and 8 of the "Kerrville-Kerr County Airport Policies and Standards" pertaining to Insurance, Indemnity, Insolvency and Reverter of Improvements, copies oŁ which are attached hereto and incorporated in this Order, are hereby adopted as amending the Policies, Standards, Rules and Regulations governing Airport matters. Each page was initialed by the County Judge for identification. SIGNED at regular meeting held this the 10 day of 1982. D ATTEST: ~`mmie M, Muenker, ~'ounty Clerk and Ex-Officio Clerk of the Commissioners' Court ,~ 1~~~.~~2~ Commissioner 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. (10j 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 leoally 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) Znsurance_ Each Lessee shall at all times have in effect liability insurance for all of Lessees' operations in the amounts of $ per person, $_ ._ per accident-bodily injury, and $ per accident-property damage_ Such insurance policies shall further name the City of Renville, the County of Kerr and the Board, as additional insureds. Certificates of such insurance shall be furnished by Lessee to the Kerrville-Kerr County 3oint Airport Board, and a Certificate presently then in effect shall be on file at all times. (12j Use Charges. The standards and regulations enacted by the 3oint Airport~Board, or other governmental agency responsible for the operation of the airport, now or in the future, may Charinan, F.irport Raord - 5 - City of ville Mayor Revised April, 1902 -;-r- ~^"~:YV ,1nc7~e provide for use charges to be paid by those using, occupying, or conducting operations at the airport. Such charges may be based upon square footage, receipts, or other reasonable basis, to be 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. 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 agrees 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 of LESSEE'S businesses, operations, occupancy, or use of the airfield, or resulting from any act or omission of LESSEE'S 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, Revised Apr/82 - 6 - 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 identity 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. (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. (18) Liens and Insolvency: LESSEE shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by LESSEE. In the event LESSEE becomes insolvent, or the subject of any kind or chapter of bankruptcy proceeding, or if a receiver, assignee, or other liquidating officer is appointed for the business of LESSEE, then LESSOR may cancel this lease at LESSOR'S option upon giving written notice to LESSEE. 7. Standard Provisions a Part of These Re ulations The foregoing provisions, required to be in all leases, subleases, contracts, and franchises, are substantive provisions of these regula- tions, and apply, where applicable, to all users of the airport. 8. Multiple Use Square Footage. where these regulations call for a minimum square footage of space, and the applicant is permitted to conduct more than one activity, then such applicant shall have the minimum square footage for that activity which required the greatest minimum square footage. Revised Apr 1982 - 7 - 9. Discretion. For good cause shown, and for reasons not anticipated, the Board may waive compliance with any provisions hereof. 10. Maximum Term. Henceforth, no lease, sublease, agreement, permit, license or any other kind of right or grant shall ever be made, given or granted for the rental or other use of Airport land or property or for the exercise of any right or privilege, for any period of time longer than twenty (20) years. Option, or other provi- sions, whereby the Lessee or user may without the consent of the City, County and Airport Board, renew or otherwise extend the term, shall be included for the purpose of determining whether a term is in excess of twenty (20) years. Except, however, a longer term may be granted in special circumstances. Some of such special circum- stances include: (a) the value of permanent improvements, and (b) whether the location does not impede future commercial develop- ment. 11. Insurance. The minimum limits of insurance to be provided in the standard lease provision 6(11) Insurance, shall be one million dollars, one million dollars and one million dollars. Except, however, the Board may require higher limits depending upon the risks involved in the enterprise. Chairman, Airport Board Mayor, City of Kerrville County Judge Revised Apr 1982 Order No. 14658 Order Amending Kerrville-Kerr County Airport Policies and Standards 5-10-1982 Vol. P, Page 180