ORDER N0. ~~~33
APPROVAL OF SECOND AMENDMENT TO LEASE AGREEMENT, DATED
AUGUST 3rd, 1983, BETWEEN THE CITY OF KERRVILLE AND THE
COUNTY OF KERR, LESSOR, AND KX AVIATION, INC., LESSEE
On this the 29th day of October 1984,. upon motion made
by Commissioner Holland seconded by Commissioner Higgins,
the Court unanimously approved a second amendment to a
certain lease agreement, dated August 3rd, 1983, between
the City of Kerrville and County of Kerr, Lessor, and KX
Aviation, Inc., Lessee, subject to concurrence by the City
of Kerrville.
It is further ordered by the Court that County Judge Morriss
be authorized to execute said amendment to the lease agree-
ment on behalf of Kerr County.
October 29, 1984
Mr. Gene L. Faulkner, Manager
Planning & Program Branch
Federal Aviation Administration
P. 0. Box 1689
4400 Blue Mound Road
Ft. Worth, TX 76101
Dear Pair. Faulkner,
K
CITY OF 0.ERRVILLE.TEX A'
Under a date of October 19th, I sent you a copy of a
letter to the President of KX Aviation, along with a
Revised Second Amendment to the Contract between the
City/County and KX Aviation.
I was not, but should have been, greatly surprised
to find that the Attorney for KX Aviation insisted
on language changes and of course this further delayed
final processing of the Amendment. It has been worked
out and I have enclosed fully executed copies of the
Revised Second Amendment which I believe adjusts the
terms and conditions in line with the FAA
recommendations.
The Amendment has the effect of;
1. Deleting the Right of First Refusal on
Site 9.
2. Deletes the current restrictions on
additional private fueling.
3. Eliminates the exclusivity on Rentacar.
4. Adds Exhibits.
5. Provides for monthly payments on an
optioned area.
6. Including certain language as required
by the FAA.
512 ~ 257 ~ 8000 KERRVILI E, TEXAS 78028

PJe are still. working on the sharing of the Unicorn with
the frequency holder (Dugosh) and have entered into an
understanding with KX Aviation to the effect that when
the frequency is reassigned to the City and County that
KX, like Dugosh, will have non-exclusive use of the
Unicom.
I£ there are further questions, please call me.
Conceivably, if it would be helpful, I could come to
your offices as I will be in the Dallas area attending
the Texas P,unicipal League Conference. October 31st
thru November 3rd, I will be at the Loews Anatole Hotel
(214) 748-1200, and the nights of November 4th and 5th
could be reached in Lewisville at (214) 221-3946. And,
of course I will stay in touch with our City Hall.
Again, many thanks for all your help in the matter.
be
cc: John W, Miller, Jr., KX Aviation
The Honorable Judge Gordon S, f~lorriss
Joe T~~ennella, City of Kerrville
E. M. (Tex) Anderson, Joint Airport Advisory Board
Texas Aeronautical Commission, Austin, Texas
512 ~ 257 ~ 8000 KERRVILL E, TEXAS 78028
s
KX AVIATION LEASE - SECOND AMENDMENT
THIS SECOND AMENDMENT to that certain Lease Agreement dated
August 3, 1983, between CITY OF KERRVILLE and COUNTY OF KERR,
Lessor, and KX AVIATION, INC., Lessee as follows:
I.
Paragraph 2, "Leased Premises" is amended to read as
follows:
"2. Leased Premises. In consideration of the rents,
covenants and agreements hereinafter reserved and contained
on the part of Lessee to be paid, observed and performed,
Lessor hereby demises and leases to Lessee, and Lessee
hereby takes and rents from Lessor, for the term provided
below, the tract of real property situated in Kerr County,
Texas, described as Tract 3, Fuel Site. and Easements on
Exhibit "A" (amended to show the location of the fuel site)
attached hereto and made a part hereof by this reference,
hereinafter collectively sometimes called the leased
premises, together with all and singular the rights,
easements, privileges and appurtenances in anywise belonging
under said above-described tracts of land."
II.
Paragraph 2. B. "Public Ways" is hereby added:
"2. B. Public Ways. Lessor shall have the right, in
common with the public and others, to use the public areas,
ramps, roads, runways, taxiways and aprons of the Kerrville
Municipal Airport."
III.
Paragraph 31, "Right of First Refusal and Option" is amended
to read as follows:
"31. Option.
"A. Lessor hereby grants to Lessee a five (5) year
exclusive option to lease Tract 2 described in Exhibit "A,"
attached to said original Lease Agreement, upon the same
terms, rental and provisions as herein provided; provided
that such option is exercisable on written notice to Lessor
if Lessee is not in default hereunder.
"B. This option terminates five (5) years from
August 15, 1983, and thereafter Lessor is free to alienate
the said tract in any manner it desires.
"C. To keep this option in effect until exercised,
Lessee shall, beginning on November 1, 1984, and continuing
thereafter on the first day of each calendar month until the
option expires, or Lessee exercises same, or Lessee desires
to allow the option to terminate (whichever occurs first),
pay to Lessor the amount of $24.50 per month, which shall be
LL.I~ J/ 1V/ vv, a.rb Jj .~A ~~_ lu.~, .,... Vi ,. ...
- adjustable as provided in Paragraph 4.B. of the original
lease. Failure to make these rental payments terminates the
said option."
II.
Paragraph 33 E. is amended to read as follows:
"E. During the second fifteen (15) year term of this
_ Lease, Lessor shall not assess any use or other charges
(other than fuel flowage as hereinabove provided) which
exceed the average of the five airports named in
Subparagraph B above; using for computation purposes only
those named airports which assess the contemplated use or
charge.
"In the event that under Federal Aviation
Administration (FAA) regulations and applicable laws and
statutes it becomes permissible and lawful for Lessor to
prohibit private fuel operations, then Lessor shall not,
directly or indirectly, permit or allow private fuel
operations (other than RR Ltd.) at the Kerrville Municipal
Airport.
"Lessor, during the term of this lease, shall not grant
permits or leases, nor permit operations or services on or
within the Kerrville Municipal Airport, on terms which are
more favorable than the terms of this Lease."
V.
New paragraph 40 "Assurances," is hereby added:
"40. Assurances.
"A. Lessee, as a part of the consideration hereof,
does hereby covenant and agree 'as a covenant running with
the land' that in the event facilities are constructed,
maintained or otherwise operated on the said property
described in this lease for a purpose for which a Department
of Transportation program or activity is extended or for
another purpose involving the provision of similar services
or benefits, Lessee shall maintain and operate such
facilities and services in compliance with all other
requirements imposed pursuant to 49CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportion, and as said Regulations may be
amended.
"B. Lessee, as a part of the consideration hereof,
does hereby covenant and agree 'as a covenant running with
the land' that: (1) no person on the grounds of race, color
or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over or under such
land and the furnishing of services thereon, no person on
the grounds of race, color or national origin shall be
excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that Lessee
shall use the premises in compliance with all other
requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
2
Department of Transportion, and as said Regulations may be
amended."
IV.
By
Unless amended herein, all provisions of the said original
Lease Agreement and First
EXECUTED this `Y~	Amendment
day of	thereto remain
~~~' /~"%~!~~ ~-	in effect.
, 1984.
			
LESSOR:
LESSEE:
CITY OF K RVILLE KX AVIATION, INC.
By a B~ ~/C(,~
A J.~ough, ohn W. Mi er, Jr.
President
COUNTY

GoryYon S. o ri~ss,
Count Judg „
KERRVILLE-KERR COUN
AIRPORT ~.OARD
E. M. Anderson ,.,
Chairman
AS TO FORM:

,,mow i• s ~ 't
errel , City
Attorney
THE STATE OF TEXAS §
THE COUNTY OF KERR ~
BEFORE ME, the undersigned authority, on this day personally
appeared A. J. BROUGH, who is the 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 pursuant to a resolution of the CITY
COUNCIL'OF KERRVILLE, TEXAS.
GI ~N UNDER MY HAND AND SEAL OF OFFICE, this ~ day of
~c:~~~et 1984.
_ _ ~~ -,~
Notary Public, State of TeXas
~~'~' J~r:en
(Notary's Printed Name)
My Commission Expires: i~ ,5'-,}~
3
_ THE STATE OF TEXAS §
THE COUNTY OF KERR §
BEFORE ME, the undersigned authority, on this day personally
appeared GORDON S. MORRISS, who is the COUNTY JUDGE OF KERR
COUNTY, TEXAS, 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 pursuant
to an order of the COMMISSIONERS COURT OF KERR COUNTY, TEXAS.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ;(~ ~• day. of
~~= C7, ol„ ~ , , 19 8 4 .

THE STATE OF TEXAS §
Notary Public, State of Tex3-'s
(Notary's Printed Name) 7 d' ••....
My Commission Expires: ,~- j~• ;; ~~ '
THE COUNTY OF KERR § T
BEFORE ME, the undersigned authority, on this day personally
appeared E. M. ANDERSON, JR., who is the CHAIRMAN OF THE
KERRVILLE-KERR COUNTY JOINT AIRPORT BOARD, 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 pursuant to a resolution of THE KERRVILLE-KERR COUNTY JOINT
AIRPORT BOARD.
GIVEN UNDER MY
~-
,~ ,
` G,:
~'
THE STATE OF TEXAS §
THE COUNTY OF KERR §
Notary Public, State 9f Texas
-~
~'~iz ~. ~5 r~rr~ [~'
(Notary's Printed Name)
My Commission Expires: iz i~-~'^~
BEFORE ME, the undersigned authority, on this day personally
appeared JOHN W. MILLER, JR., who is PRESIDENT of KX AVIATION,
INC., a Texas 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 considera-
tion therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 29th day of
(`l]c-tnhPr , 19
tY \
~~,' Notary Public, State of Texas
- PATRICIA N. KEELING
~• ;r (Notary's Printed Name)
~r My Commission Expires: 6-2-87
•''~.
~,
~~.~. tl:., ,
~ MTRIGII D7E ~-' - ~ ~ , ~ G'' / '
~~ a.~a a.y ~.ry~.q: ~r~.» 4 -
HAND AND SEAL OF OFFICE, this ,~_ day of
1984.
~ ~ ` -i .
/ ~'~~ ~1
rr~`\
ti
` FUEL STORAGES - ~ ~
~ ~ `; ~
o ':
• ~
EXHIBIT "A"
TRACT 3:
A 1.84 Acce mart of land kne~;n ;is Lot 3 of an unrecorded
subdivision of f,ouis S~hre inter 14nn it ipal fiirhuit out of the O.V.
P,nbinson Survey, No. 44, ,Abstrnr~t 2R2, laity of Pen-vine, Kerr
County, Terns and more particularly described by metes and
bounds as follows:
BEGINNING, at the North corner of concre~-e aircraft parking ramp,
said poinC being located NEST, 195.8 ft; tintth, 996.2 ft; S 76°
20' 30" id, 705.7 ft; and N ]3° 38' 00" W, 500.0 ft, from the
Southwest corner of. Lot 16 of the Shady Grove Subdivision as re-
corded in Vol. 1 at page 48 of the plat records of Kerr County,
Texas and being the ldest corner of the here-in described tract;
1'HI3NCE, N 76° 22'00" F., 200.0 ft, ro a Ig" iron pin set for the
North corner of this tract;
1'11 F,NCF,, S ]3° 38'0" P;, 400.0 ft. to a 'z" iron pin set for the
East corner of this tract;
THENCE, S 76° 22'00" W, 200.0 ft. to an iron pin set at the edge
of the above reLer~~nced cnncreCe ramp for the South corner hereof;
THENCE, N 1~3° 38'00" E, 40(1.0 ft. to the place of beginning and
containing 1.837 acres of land ~~ore or less.
TRACT 2:
Being a 2.03 Acre tta,t of land I:nuo:n ^s Let 2 of ein unrecorded
subdivision of the Louis Schreiner 14unicipal Airport nut oL the 0. V.
Robinson Survey No. 44, Ahstract 282 and being more particularly described
by metes and bounds as fellows:
BEGINNING, at the most Nor th e~~sterly corner of the said ooncre Le ramp and
the Northwesterly corner of tl~e above described Lnt 3 for a point in the
Southerly line of this tract;
TH ENCti., S 76° 22' 00" i;', 100.(10 ft. to a point for the Southwesterly
corner of this tract;
T}IENCE, N 13° 38' 00" W, 294.]3 Ct. to a p~~int in the Southerl}' line of
a^ existing roadway/taxies:ay for the l:ortliwcsterly corner hereof;
TIiENCF„ with said n+ndw:~y~inr.iway, N 76° 21'20" E, 300.00 ft. to a point
for the Northeasterly corner hereof;
THI~7CE
S	73° 38'	NO" E,	2oh.19 fr. to an in m pin set far the Northeasterly
,
corner of	said hot	3 and	the S~niUicasrerl}• cn~ner of the herein described
tract;			
"PH ENCE, with the Nnrt_hrr1Y lino of sn id L~,r 9, S 7b° 22' 00" [., 200.00 Ct_
to the place of beginnin}; and containing 7.026 awes of ]and more or less.
FUEL ST'OI2AGE 51I'li
A 10,448 srluare foot tract of land known as a portion of Lot A-6
of an unrecorded subdivision of Louis Schreiner Municipal Airport
out of W. Pt. Prui-tl Survey No. ].921, Abstract 1281, City of
Kerrville, Kerr County, 'fe>:as and more particularly described by
metes and bounds as follows:
BEGINNING, at can iron pin set in the Nox th R.O.W, of a roadway/
tar.iway, said point b~•ing located l:'est, 185.8 ft; North, 1874.97 ft;
S 76° 21'20" IJ, 197. i5 and N 13° 38'40" W, Ci0.0 ft. from the
Sou[hwest corner of lot- 16 of the Shade f:rove Subdivision as re-
corded in Vol. 1 of Rage 48 of the plat records of Kerr C:uunty,
Teas and being the Southwesterly corner of the Cract herein
described;
THENCE, N 13° 38' 40" id, 125.0 ft. ro a '~" iron pin set for the
Northwesterly corner of this tract;
~[}{}~ACF„ N 76° 21' 2U" E, 97.16 ft. Lo a ''-i" iron pin set in the
R.O.tJ. of f~~ture "Airport Loop" rna~lway for the Northeasterly
corner hereof;
T}IPNCE, with said R.O.IJ. , S Ol ° 22' 00" E, t 27 .88 f t. to a ''-p"
iron pin set at the in Ler s~~rtion of said Airport loop with the
aforementioned rondt:ay/taxiway for the Southeasterly corner hereof;
THEA'.CE, with said roadway{taxiway S 76° 2l' 20" ld, 70,0 ft. to the
place of beginning and con twin inf; 10,448 sq. Ct, of land mn re or less.
UTILITY EASEMETTS
A 15.0 ft. UU1 ity Ea ;onu'nt ^cross Lot : 1 and 2 of an unrecorded
subdivision of i,ovis Sch ro finer 19un irihal AirpnrC in 0. V. F:ob in son
Survey No. 44, Abstract 282, in the City of Kerrville, Y.err County,
Texas and more particularly described by metes and bounds as Follows:
BEGINNING, at the must NorUiecly rnnu-r of the tc~ncrete ramp said corner
being also the musC llestrrly corner of tPie above described Lot 3;
THENCE, along Ute Northw,sterl.y line of said ramp, 5 76° 22' 1J, 300.0 ft.;
N 1J° 38' W, 15.0 ft; T1 76° 22` E, X00.0 (C; S 13° 38' E, ]5.0 ft. and
along the Northwesterly line of said Lot 3, 5 76° 22' 1J, 20D ft. to the
place of beginning.
A 15.0 ft. Utility Easem!~nt across reserve strip II4 and Lot 5 of an
unrecorded subdivision of Louis Schreiner Municipal Airport out of
0. V. Robinson Surf-oy No. 44, Ai~sCrarC 282, City of Kert:vill.e, Y. err
County, Texas and more particularly described by metes and hounds as
follows:
BEGINNING, at the most Southeasterly corner of Clue above described i.ot 3;
THENCE, N 76° 20' E, 408.2 ft; N Ol.° 22' N, 15.4 ft; S 76° 20' SJ, 4]1.44 ft.;
and S l3° 38' E, I5.0 ft. to the place of beginning..
ORDER' Na . 157 33 T~
p,NiENDMENT 3Yd ,
oVAI, OF SECONDATED AUG~~VII,LE
TEASE AGRE~N T1~E C ERR ,o LESSQR AND
19$''TRE~NTY GF KLESSEE
AVIATION, INC.,
Ip_29-1`~g4
Vol P, Page 553